This is the exact embedded text of the captured official document.
Snapshot e66402405d56 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Office Consolidation
TOWN OF CARBERRY
ZONING BY-LAW No. 1977
IMPORTANT NOTICE
All persons making use of this Office Consolidation are reminded that it has no legislative
sanction and that the amendments have been embodied only for convenient reference.
The original By-law and amendments should be consulted for all purposes of interpreting
and applying the provisions of this By-law.
This Office Consolidation may have different formatting and page numbering than the
original By-law
All amended text is enclosed with brackets as follows [......]
UNOFFICIAL OFFICE CONSOLIDATION
TOWN OF CARBERRY
ZONING BY-LAW NO. 1977
AMENDING BY-LAWS INCLUDED IN THIS OFFICE CONSOLIDATION
By-Law
No.
Date Approved
Amendment Description
1995
"Private Parabolic Antennae..." permitted or conditional in all
residential districts - text
2047
amend accessory building provisions - distance from main
building in Parts IV,V,VI,VII & VIII - text
2056
redesignate from ARR to R - map 1
2072
redesignate from R to CH and from CH to RMH- map1
2118
add office bldgs. to Industrial Use Table - text
2169
Redesignate from "R" to "CC" (Map 1)
2189
allow for condo development in RDH Zone - text and map1
10/2000
Redesignate from "R" to "RMH" (Map 1)
1/2001
Redesignate from "RHD" to "CH" (Map 1)
9/2003
Redesignate from "RHD" to RMD" (Map 1)
2/2007
Pt Pcl A, Plan 7930 "R" to "RHD" - map
3/2007
July 10, 2007
Allow for single family and accessory uses as permitted uses in the
RMD zone - text
5/2008
Redesignate from "RMH" to "RMD" & "R"
3/2009
July 14, 2009
Shot gun shall Man. Plant - text/map
5/2009
Redesignate from "ARR" to "R"
7/2010
July 12, 2011
Rezoning "ARR", "CH" and "A80" to "OS"
1/2011
June 24, 2011
Delete Part IV Policy 2.(4) and replace with 2.(4) "RMH" Mobile
Home Residential District. Also changes re Mobile Homes and
Modular Homes to Table IV-1 and IV-II
4/2011
May 29/2013
Major Text changes
1/2014
January 29/14
Amendment # 2013/2 Rezoning "ARR" to "RHD"
TOWN OF CARBERRY
BY-LAW NO. 1977
Being a By-law to regulate the use and development of land within the Town of Carberry.
Whereas Section 40(1) of the Planning Act, Chapter 29, S.M. 1975, provides that a Zoning By-law
may be enacted by the Council of a Municipality;
And whereas, pursuant to Section 30(1) of the said Planning Act, the Cypress District Planning
Board has by By-law adopted a Development Plan;
And whereas, Section 34(2) of the same Act provides that a Zoning By-law shall be prepared upon
the adoption of a Development Plan;
Now therefore, the Council of the Town of Carberry in meeting duly assembled enacts as follows:
TABLE OF CONTENTS
PART I - DEFINITIONS ........................................................................................ 1
RULES OF CONSTRUCTION ....................................................................................................... 1
DIVISIONS OF BY-LAW ............................................................................................................... 1
DEFINITIONS ................................................................................................................................. 2
ACCESSORY .................................................................................................................................. 2
ACCESSORY BUILDING .............................................................................................................. 2
ACCESSORY USE OR STRUCTURE ........................................................................................... 2
ENABLING ACT ............................................................................................................................ 2
AGRICULTURAL ACTIVITIES .................................................................................................... 2
AGRICULTURAL IMPLEMENT SALES AND SERVICE .......................................................... 3
AIR LANDING STRIP .................................................................................................................... 3
ALTER OR ALTERATION ............................................................................................................ 3
ALTERATIONS, INCIDENTAL .................................................................................................... 3
ALTERATIONS STRUCTURAL ................................................................................................... 4
AREA AFFECTED ......................................................................................................................... 4
AUTOMOBILE BODY SHOP ........................................................................................................ 4
AUTOMOBILE LAUNDRY ........................................................................................................... 4
AUTOMOBILE SERVICE STATION ........................................................................................... 4
AUTOMOBILE OR TRAILER SALES AREA .............................................................................. 4
AUTOMOBILE WRECKING ......................................................................................................... 4
AWNING, CANOPY OR MARQUEE ........................................................................................... 4
BASEMENT OR CELLAR ............................................................................................................. 5
BED AND BREAKFAST .................................................................................................................. 5
BOARD ........................................................................................................................................... 5
BUILDING ...................................................................................................................................... 5
BUILDING, MAIN OR PRINCIPAL .............................................................................................. 5
BUILDING, HEIGHT OF ............................................................................................................... 5
BULK............................................................................................................................................... 5
CAMPING AND TENTING GROUNDS ....................................................................................... 6
CARPORT ....................................................................................................................................... 6
CEMETERY .................................................................................................................................... 6
CHILD CARE SERVICES .............................................................................................................. 6
CLUB, PRIVATE, NON-PROFIT .................................................................................................. 6
CLUB, RECREATIONAL .............................................................................................................. 7
CONDITIONAL USE ...................................................................................................................... 7
CONDOMINIUM ............................................................................................................................ 7
CONDOMINIUM, BARE LAND UNIT ......................................................................................... 7
CONDOMINIUM UNIT ................................................................................................................. 7
COUNCIL ........................................................................................................................................ 7
COURT ............................................................................................................................................ 7
DENSITY ........................................................................................................................................ 7
DEVELOPMENT OFFICER ........................................................................................................... 8
DEVELOPMENT PLAN ................................................................................................................ 8
DRIVE-IN ESTABLISHMENT ...................................................................................................... 8
DWELLINGS .................................................................................................................................. 8
[DWELLING, READY - TO - MOVE .............................................................................................. 8
DWELLING, SINGLE-FAMILY .................................................................................................... 8
DWELLING, TWO-FAMILY ......................................................................................................... 8
DWELLING, THREE AND FOUR FAMILY ................................................................................ 8
DWELLING, MULTIPLE-FAMILY .............................................................................................. 9
DWELLING UNIT .......................................................................................................................... 9
ENLARGEMENT ........................................................................................................................... 9
EXTENSION ................................................................................................................................... 9
FAMILY .......................................................................................................................................... 9
FARM BUILDINGS OR STRUCTURES ....................................................................................... 9
FLOOR AREA................................................................................................................................. 9
GARAGE ....................................................................................................................................... 10
GARAGE, PRIVATE OR CARPORT .......................................................................................... 10
GRADE .......................................................................................................................................... 10
GRAIN STORAGE STRUCTURE ............................................................................................... 10
GROUP FOSTER HOME ............................................................................................................. 10
HOME OCCUPATION ................................................................................................................. 11
HOTEL .......................................................................................................................................... 11
HOUSE, BOARDING, LODGING OR ROOMING ..................................................................... 11
JUNK YARD ................................................................................................................................. 11
KENNEL ....................................................................................................................................... 12
LANE ............................................................................................................................................. 12
LIVESTOCK ................................................................................................................................. 12
LIVESTOCK PRODUCTION OPERATION ............................................................................... 12
LIVESTOCK WASTE UNIT ........................................................................................................ 12
LOADING SPACE ........................................................................................................................ 12
LODGE .......................................................................................................................................... 12
MOBILE HOME ........................................................................................................................... 13
MOBILE HOME PARK ................................................................................................................ 13
MOBILE HOME SITE .................................................................................................................. 13
MOBILE HOME SPACE .............................................................................................................. 13
MOBILE HOME SUBDIVISIONS ............................................................................................... 13
[MODULAR HOME ...................................................................................................................... 13
MOTEL .......................................................................................................................................... 13
NON-CONFORMITIES ................................................................................................................ 14
OPEN SPACE ................................................................................................................................ 14
OWNER ......................................................................................................................................... 14
PARCEL OF LAND ...................................................................................................................... 14
PARKING AREA .......................................................................................................................... 14
PARKING AREA, PUBLIC .......................................................................................................... 14
PARKING SPACE ........................................................................................................................ 14
PARTY WALL .............................................................................................................................. 14
PERFORMANCE STANDARD ................................................................................................... 15
PERSONAL SERVICE SHOP ...................................................................................................... 15
PLANNED UNIT DEVELOPMENT ............................................................................................ 15
PREMISES .................................................................................................................................... 15
PUBLIC UTILITY AND SERVICES ........................................................................................... 15
PUBLIC UTILITY BUILDING ..................................................................................................... 15
REPAIR ......................................................................................................................................... 15
RESIDENTIAL CARE FACILITY ............................................................................................... 16
RESORT COMMERCIAL ............................................................................................................ 16
SENIOR CITIZEN HOME ............................................................................................................ 16
SERVICE SHOP ............................................................................................................................ 16
SIGN .............................................................................................................................................. 16
SIGN, ADVERTISING ................................................................................................................. 17
SIGN, BULLETIN BOARD .......................................................................................................... 17
SIGN, BUSINESS ......................................................................................................................... 17
SIGN, CONSTRUCTION ............................................................................................................. 17
SIGN, FACIA OR WALL ............................................................................................................. 17
SIGN, FLASHING ......................................................................................................................... 17
SIGN, FREESTANDING .............................................................................................................. 17
SIGN, IDENTIFICATION............................................................................................................. 17
SIGN, ILLUMINATED ................................................................................................................. 18
SIGN, MARQUEE ........................................................................................................................ 18
SIGN, PROJECTING .................................................................................................................... 18
SIGN, REAL ESTATE .................................................................................................................. 18
SIGN, ROOF .................................................................................................................................. 18
SIGN, SURFACE AREA .............................................................................................................. 18
SIGN, TEMPORARY .................................................................................................................... 18
SITE ............................................................................................................................................... 19
SITE AREA ................................................................................................................................... 19
SITE, CORNER ............................................................................................................................. 19
SITE COVERAGE ........................................................................................................................ 19
SITE DEPTH ................................................................................................................................. 20
SITE FRONTAGE ......................................................................................................................... 20
SITE, INTERIOR........................................................................................................................... 20
SITE, KEY ..................................................................................................................................... 21
SITE LINES ................................................................................................................................... 21
SITE, REVERSE CORNER .......................................................................................................... 22
SITE, THROUGH.......................................................................................................................... 23
SITE WIDTH ................................................................................................................................. 23
SITE, ZONING .............................................................................................................................. 24
SPACE ........................................................................................................................................... 24
STABLE, PRIVATE ..................................................................................................................... 24
STABLE, PUBLIC ........................................................................................................................ 24
STOREY ........................................................................................................................................ 24
STOREY, FIRST ........................................................................................................................... 24
STOREY, SECOND ...................................................................................................................... 24
STREET ......................................................................................................................................... 25
STRUCTURE ................................................................................................................................ 25
TOT LOT ....................................................................................................................................... 25
TOWN OR ROW TYPE DWELLINGS, LOTTED ...................................................................... 25
TOWN OR ROW TYPE DWELLINGS, UNLOTTED ................................................................ 25
TRAVEL TRAILER ...................................................................................................................... 25
TRAVEL TRAILER PARK .......................................................................................................... 25
USE ................................................................................................................................................ 26
VEGETABLE STORAGE STRUCTURE .................................................................................... 26
YARD ............................................................................................................................................ 26
PART II - ADMINISTRATION .......................................................................... 30
SCOPE ........................................................................................................................................... 30
TITLE ............................................................................................................................................ 30
WHEN EFFECTIVE ..................................................................................................................... 30
THE AREA .................................................................................................................................... 30
INTENT AND PURPOSE ............................................................................................................. 30
RESPONSIBLE AUTHORITY ..................................................................................................... 30
RESPONSIBILITIES OF COUNCIL ............................................................................................ 31
RESPONSIBILITIES OF THE BOARD ....................................................................................... 31
PLANNING ADVISORY COMMITTEE ..................................................................................... 31
AMENDMENTS ........................................................................................................................... 31
PROCEDURE ................................................................................................................................ 31
DECISION BY COUNCIL ............................................................................................................ 31
CONDITIONAL USE .................................................................................................................... 32
APPLICATION ............................................................................................................................. 32
FILING AN APPLICATION ......................................................................................................... 32
EXPIRY OF APPROVAL ............................................................................................................. 32
EXISTING CONDITIONAL USE ................................................................................................ 32
CHANGES TO AN EXISTING CONDITIONAL USE ............................................................... 32
TEMPORARY USES .................................................................................................................... 33
VARIATIONS ............................................................................................................................... 33
THE RIGHT TO APPLY............................................................................................................... 33
DEVELOPMENT AGREEMENT ................................................................................................ 33
AGREEMENT WITH TOWN OF CARBERRY .......................................................................... 33
AGREEMENT TO COMPLY WITH ACT .................................................................................. 33
THE DEVELOPMENT OFFICER ................................................................................................ 33
DUTIES ......................................................................................................................................... 33
POWERS ....................................................................................................................................... 33
DEFER APPROVAL OF PERMITS ............................................................................................. 34
DEVELOPMENT PERMIT .......................................................................................................... 34
PERMIT REQUIRED .................................................................................................................... 34
WHEN REQUIRED ...................................................................................................................... 34
REQUIREMENTS ......................................................................................................................... 35
BUILDING PERMITS .................................................................................................................. 35
PERMITS ISSUED PRIOR TO BY-LAW .................................................................................... 35
BUILDING TO BE MOVED ........................................................................................................ 35
NON-CONFORMITY ................................................................................................................... 35
DEFINITION ................................................................................................................................. 35
NON-CONFORMITIES ................................................................................................................ 36
NON-CONFORMING USES ........................................................................................................ 36
BUILDINGS OR STRUCTURES ................................................................................................. 36
SITE OR PARCEL ........................................................................................................................ 36
SIGNS ............................................................................................................................................ 36
GENERAL PROVISIONS ............................................................................................................ 36
STRUCTURAL ALTERATIONS ................................................................................................. 36
REPAIR OR REBUILDING .......................................................................................................... 37
NON-CONFORMING PARCEL ................................................................................................... 37
NON-CONFORMING SIGNS ...................................................................................................... 37
CERTIFICATE OF COMPLIANCE AND FEES ......................................................................... 37
INTERPRETATION AND APPLICATION ................................................................................. 37
RELATION TO OTHER BY-LAWS ............................................................................................ 38
PREVIOUS VIOLATIONS ........................................................................................................... 38
SITE REDUCED ........................................................................................................................... 38
VARIATION ORDER OR SPECIAL EXCEPTION PRIOR TO BY-LAW ................................ 38
"A", "R", "C", OR "M" DISTRICT ............................................................................................... 38
FUTURE ROAD ALLOWANCE DEEMED EXISTING ............................................................ 38
PUBLIC UTILITIES AND SERVICES ........................................................................................ 38
PUBLIC MONUMENTS AND STATUARY ............................................................................... 39
SAND, GRAVEL OR MINERAL EXTRACTION OPERATIONS ............................................. 39
ENFORCEMENT .......................................................................................................................... 39
MUNICIPAL SERVICES .............................................................................................................. 39
CONNECTING TO MUNICIPAL SERVICES ............................................................................ 39
BASEMENT DWELLING UNIT ................................................................................................. 39
STREET, LANE OR ROAD ......................................................................................................... 39
FRONTAGE .................................................................................................................................. 39
DUTIES OF THE OWNER ........................................................................................................... 39
RESPONSIBILITY ........................................................................................................................ 39
PERMITS REQUIRED.................................................................................................................. 40
FEE SCHEDULE........................................................................................................................... 40
FEES .............................................................................................................................................. 40
REPEAL ........................................................................................................................................ 40
REPEAL OF PLANNING SCHEMES .......................................................................................... 40
PART III - ZONING............................................................................................. 41
ZONING DISTRICTS ................................................................................................................... 41
ZONING ........................................................................................................................................ 41
ZONING MAPS ............................................................................................................................ 41
DIMENSIONS AND SCALE ........................................................................................................ 41
REGISTERED PLANS ................................................................................................................. 42
ABBREVIATIONS ....................................................................................................................... 42
BOUNDARIES .............................................................................................................................. 42
ZONING DISTRICT BOUNDARIES ........................................................................................... 43
INTERPRETATION OF ZONING BOUNDARIES ..................................................................... 43
PART IV - RESIDENTIAL DISTRICTS ........................................................... 44
RESIDENTIAL DISTRICTS......................................................................................................... 44
INTENT AND PURPOSE ............................................................................................................. 44
ZONING DISTRICTS ................................................................................................................... 44
SINGLE-FAMILY DWELLING DISTRICT - UNSERVICED .................................................... 44
SINGLE-FAMILY AND MULTIPLE-FAMILY DWELLING DISTRICT - SERVICED........... 44
MULTIPLE-FAMILY DWELLING DISTRICT .......................................................................... 44
MOBILE HOME RESIDENTIAL DISTRICT .............................................................................. 44
[MODULAR HOME RESIDENTIAL DISTRICT........................................................................ 45
GENERAL PROVISIONS ............................................................................................................ 45
INTERPRETATION OF REGULATIONS ................................................................................... 45
SCOPE OF REGULATIONS ........................................................................................................ 45
USE REGULATIONS ................................................................................................................... 45
RESIDENTIAL USE TABLE ....................................................................................................... 45
GENERAL USE REGULATIONS ............................................................................................... 46
CONDITIONAL USE .................................................................................................................... 46
ACCESSORY USES ..................................................................................................................... 46
RESIDENTIAL USE TABLE IV - I .............................................................................................. 46
HOME OCCUPATIONS ............................................................................................................... 49
TEMPORARY BUILDINGS AND USES .................................................................................... 50
MAY BE PERMITTED ................................................................................................................. 50
TERMS AND CONDITIONS ....................................................................................................... 50
VALIDATION PERIOD ............................................................................................................... 50
SIZE OF BUILDINGS ................................................................................................................... 50
BULK REGULATIONS ................................................................................................................ 50
INTENT AND PURPOSE ............................................................................................................. 50
RESIDENTIAL BULK TABLE IV-II .............................................................................. 52
RETENTION OF BULK REGULATIONS .................................................................................. 55
NUMBER OF BUILDINGS PERMITTED PER SITE ................................................................. 55
SUBDIVIDING LAND ................................................................................................................. 56
SITE SIZE REQUIREMENTS ...................................................................................................... 56
DWELLING UNIT - MINIMUM SIZE ........................................................................................ 56
PARKING ...................................................................................................................................... 56
SIGNS ............................................................................................................................................ 56
SIGN REGULATIONS ................................................................................................................. 57
PLANS REQUIRED FOR DEVELOPMENT APPLICATION ................................................... 58
COMMERCIAL DEVELOPMENTS IN THE "RHD" HIGH DENSITY RESIDENTIAL
DISTRICT...................................................................................................................................... 59
[PLANNED UNIT DEVELOPMENT .......................................................................................... 59
[BARE LAND CONDOMINIUM UNITS .................................................................................... 59
AREA AND YARD REQUIREMENTS ....................................................................................... 60
FRONT YARD EXCEPTIONS ..................................................................................................... 61
PROJECTIONS INTO REQUIRED YARDS ............................................................................... 61
HEIGHT EXCEPTIONS ............................................................................................................... 62
ACCESSORY BUILDINGS, STRUCTURES AND USES PERMITTED .................................. 62
THROUGH SITE - MAY BE TWO SITES .................................................................................. 63
NOXIOUS OR OFFENSIVE USES .............................................................................................. 63
ONLY ONE MAIN BUILDING OR USE ON A SITE ................................................................ 63
MULTIPLE USES ......................................................................................................................... 63
BUILDING REMOVAL ................................................................................................................ 63
BUILDING GRADE ...................................................................................................................... 63
DWELLING UNIT LOCATION WITH RESPECT TO SANITATION FACILITIES ................ 64
[GENERAL REQUIREMENTS FOR CONDITIONAL USE PRIVATE PARABOLIC
COMMUNICATION RECEIVING ANTENNAE ........................................................................ 64
"RMH" BULK REGULATIONS (IN ADDITION TO THE PRECEDING BULK
REQUIREMENTS) ....................................................................................................................... 64
MOBILE HOME PARK REGULATION ..................................................................................... 64
BUFFER AREA............................................................................................................................. 64
DEVELOPMENT OF THE BUFFER AREA ............................................................................... 64
LOCATION OF STORAGE COMPOUND .................................................................................. 64
MOBILE HOME PARK OR SUBDIVISION INTERNAL ROADWAY SYSTEM .................... 65
NUMBER OF MOBILE HOMES ................................................................................................. 65
DISTANCE FROM STORAGE COMPOUND, COMMON PARKING, SERVICE
BUILDING .................................................................................................................................... 65
REQUIRED SERVICES FOR SPACE OR SITE.......................................................................... 65
REQUIRED SERVICES FOR MOBILE HOME PARK .............................................................. 65
LOCATION OF ACCESSORY BUILDINGS .............................................................................. 65
ACCESSORY STRUCTURES AND BUILDINGS...................................................................... 65
SITE PLANS - REQUIREMENTS ............................................................................................... 66
MOBILE HOME STANDARDS................................................................................................... 66
PART V - COMMERCIAL DISTRICTS ........................................................... 67
COMMERCIAL DISTRICTS ....................................................................................................... 67
INTENT AND PURPOSE ............................................................................................................. 67
ZONING DISTRICTS ................................................................................................................... 67
DOWNTOWN COMMERCIAL DISTRICT ................................................................................ 67
URBAN HIGHWAY COMMERCIAL DISTRICT ...................................................................... 67
GENERAL PROVISIONS ............................................................................................................ 67
INTERPRETATION OF REGULATIONS ................................................................................... 67
SCOPE OF REGULATIONS ........................................................................................................ 68
USE REGULATIONS ................................................................................................................... 68
COMMERCIAL USE TABLE ...................................................................................................... 68
GENERAL USE REGULATIONS ............................................................................................... 68
CONDITIONAL USE .................................................................................................................... 68
ACCESSORY USES ..................................................................................................................... 72
TEMPORARY BUILDINGS AND USES .................................................................................... 73
MAY BE PERMITTED ................................................................................................................. 73
COMMERCIAL USE TABLE V-I ................................................................................... 68
TERMS AND CONDITIONS ....................................................................................................... 73
VALIDATION PERIOD ............................................................................................................... 73
SIZE OF BUILDINGS ................................................................................................................... 73
BULK REGULATIONS ................................................................................................................ 73
COMMERCIAL BULK TABLE V-II .............................................................................. 74
RETENTION OF BULK REGULATIONS .................................................................................. 78
AREA AND YARD REQUIREMENTS ....................................................................................... 78
FRONT YARD EXCEPTIONS ..................................................................................................... 79
PROJECTIONS INTO REQUIRED YARDS ............................................................................... 79
DWELLING UNIT - MINIMUM SIZE ........................................................................................ 80
PARKING SPACE FOR RESIDENTIAL USE ............................................................................ 80
PARKING FOR COMMERCIAL USE......................................................................................... 80
SIGNS ............................................................................................................................................ 81
SIGN REGULATIONS ................................................................................................................. 81
PUBLIC BUILDING HEIGHT ..................................................................................................... 83
HEIGHT EXCEPTIONS ............................................................................................................... 84
STORAGE OF MERCHANDISE ................................................................................................. 84
ACCESSORY BUILDING AND USES PERMITTED ................................................................ 84
SUBDIVIDING LAND ................................................................................................................. 85
SITE SIZE REQUIREMENTS ...................................................................................................... 85
THROUGH SITE - MAY BE TWO SITES .................................................................................. 85
NOXIOUS OR OFFENSIVE USES .............................................................................................. 85
ONLY ONE MAIN BUILDING OR USE ON A SITE ................................................................ 85
MULTIPLE USES ......................................................................................................................... 85
LOCATION OF COMMERCIAL BULK PROPANE, NON-HAZARDOUS SOLID
AND LIQUID FERTILIZER AND BULK OIL STORAGE, BUILDINGS AND
STRUCTURES .............................................................................................................................. 85
BUILDING REMOVAL ................................................................................................................ 86
BUILDING GRADE ...................................................................................................................... 86
TRAVEL TRAILER PARK DEVELOPMENT PROVISIONS ................................................... 86
PART VI - INDUSTRIAL DISTRICTS .............................................................. 87
INTENT AND PURPOSE ............................................................................................................. 87
ZONING DISTRICTS ................................................................................................................... 87
LIGHT INDUSTRIAL DISTRICT "M1" ...................................................................................... 87
HEAVY INDUSTRIAL DISTRICT "M2" .................................................................................... 87
GENERAL PROVISIONS ............................................................................................................ 87
INTERPRETATION OF REGULATIONS ................................................................................... 87
SCOPE OF REGULATIONS ........................................................................................................ 87
USE REGULATIONS ................................................................................................................... 88
INDUSTRIAL USE TABLE ......................................................................................................... 88
GENERAL USE REGULATIONS ............................................................................................... 88
CONDITIONAL USE .................................................................................................................... 88
ACCESSORY USES ..................................................................................................................... 88
INDUSTRIAL USE TABLE VI-I .................................................................................... 89
TEMPORARY BUILDINGS AND USES .................................................................................... 91
MAY BE PERMITTED ................................................................................................................. 91
TERMS AND CONDITIONS ....................................................................................................... 91
VALIDATION PERIOD ............................................................................................................... 91
SIZE OF BUILDINGS ................................................................................................................... 91
BULK REGULATIONS ................................................................................................................ 91
INDUSTRIAL BULK TABLE ...................................................................................................... 91
INDUSTRIAL BULK TABLE VI-II ................................................................................ 92
RETENTION OF BULK REGULATIONS .................................................................................. 94
SUBDIVIDING LAND ................................................................................................................. 94
SITE SIZE REQUIREMENTS ...................................................................................................... 94
AREA AND YARD REQUIREMENTS ....................................................................................... 94
FRONT YARD EXCEPTIONS ..................................................................................................... 95
PROJECTIONS INTO REQUIRED YARDS ............................................................................... 95
DWELLING UNIT - MINIMUM SIZE ........................................................................................ 96
LOADING SPACES ...................................................................................................................... 96
PARKING SPACES ...................................................................................................................... 96
SIGNS ............................................................................................................................................ 96
SIGN REGULATIONS ................................................................................................................. 96
SPECIAL YARDS ALONG DISTRICT BOUNDARIES ............................................................ 98
OPEN SPACE ................................................................................................................................ 99
HEIGHT EXCEPTIONS ............................................................................................................... 99
ACCESSORY BUILDING AND USES PERMITTED ................................................................ 99
NOXIOUS OR OFFENSIVE USES ............................................................................................ 100
ONLY ONE MAIN BUILDING OR USE ON SITE .................................................................. 100
MULTIPLE USES ....................................................................................................................... 100
LOCATION OF COMMERCIAL BULK PROPANE, NON-HAZARDOUS SOLID
AND LIQUID FERTILIZER AND BULK OIL STORAGE, BUILDINGS AND
STRUCTURES ............................................................................................................................ 100
BUILDING REMOVAL .............................................................................................................. 100
BUILDING GRADE .................................................................................................................... 101
PART VII - AGRICULTURAL DISTRICTS .................................................. 102
INTENT AND PURPOSE ........................................................................................................... 102
ZONING DISTRICTS ................................................................................................................. 102
"A" AGRICULTURAL DISTRICT ............................................................................................ 102
"ARR" AGRICULTURAL - RESIDENTIAL RESERVE DISTRICT ....................................... 102
GENERAL PROVISIONS .......................................................................................................... 102
INTERPRETATION OF REGULATIONS ................................................................................. 102
SCOPE OF REGULATIONS ...................................................................................................... 102
USE REGULATIONS ................................................................................................................. 103
AGRICULTURAL USE TABLE ................................................................................................ 103
AGRICULTURAL USE TABLE VII-I .......................................................................... 103
GENERAL USE REGULATIONS ............................................................................................. 104
CONDITIONAL USE .................................................................................................................. 104
ACCESSORY USES, BUILDINGS AND STRUCTURES ........................................................ 104
TEMPORARY BUILDINGS AND USES .................................................................................. 105
MAY BE PERMITTED ............................................................................................................... 105
TERMS AND CONDITIONS ..................................................................................................... 105
VALIDATION PERIOD ............................................................................................................. 105
SIZE OF BUILDINGS ................................................................................................................. 106
BULK REGULATIONS 1 ........................................................................................................... 106
AGRICULTURAL BULK TABLE VII-II ..................................................................... 106
RETENTION OF BULK REGULATIONS ................................................................................ 109
SUBDIVIDING LAND ............................................................................................................... 109
LOT SIZE REQUIREMENTS ..................................................................................................... 109
AREA AND YARD REQUIREMENTS ..................................................................................... 109
PROJECTIONS INTO REQUIRED YARDS ............................................................................. 110
HEIGHT EXCEPTIONS ............................................................................................................. 111
ACCESSORY BUILDING AND USES PERMITTED .............................................................. 111
SIGNS .......................................................................................................................................... 111
SIGN REGULATIONS ............................................................................................................... 112
MINIMUM DWELLING SIZE ................................................................................................... 113
LIVESTOCK PRODUCTION OPERATIONS ........................................................................... 113
CATEGORY OF LIVESTOCK PRODUCT OPERATIONS REQUIRING
REGISTRATION UNDER THE CLEAN ENVIRONMENT ACT............................................ 114
LIVESTOCK WASTE UNIT OR L.W.U. .................................................................................. 114
LIVESTOCK WASTE UNIT CONVERSION TABLE ................................................ 114
ONLY ONE MAIN BUILDING OR USE ON A SITE .............................................................. 115
MULTIPLE USES ....................................................................................................................... 115
BUILDING REMOVAL .............................................................................................................. 115
DWELLING UNIT LOCATION WITH RESPECT TO SANITATION FACILITIES .............. 115
PART VIII - OPEN SPACE DISTRICT .......................................................... 116
INTENT AND PURPOSE ........................................................................................................... 116
ZONING DISTRICT ................................................................................................................... 116
GENERAL PROVISIONS .......................................................................................................... 116
INTERPRETATION OF REGULATIONS ................................................................................. 116
SCOPE OF REGULATIONS ...................................................................................................... 116
USE REGULATIONS ................................................................................................................. 117
OPEN SPACE USE TABLE VIII-I ................................................................................ 117
GENERAL USE REGULATIONS ............................................................................................. 118
CONDITIONAL USE .................................................................................................................. 118
ACCESSORY USES ................................................................................................................... 118
TEMPORARY BUILDINGS AND USES .................................................................................. 118
MAY BE PERMITTED ............................................................................................................... 118
TERMS AND CONDITIONS ..................................................................................................... 118
VALIDATION PERIOD ............................................................................................................. 119
SIZE OF BUILDINGS ................................................................................................................. 119
BULK REGULATIONS .............................................................................................................. 119
OPEN SPACE BULK TABLE .................................................................................................... 119
OPEN SPACE BULK TABLE VIII-II ........................................................................... 119
RETENTION OF BULK REGULATIONS ................................................................................ 121
MINIMUM DWELLING SIZE ................................................................................................... 121
SUBDIVIDING LAND ............................................................................................................... 121
SIGNS .......................................................................................................................................... 121
SIGN REGULATIONS ............................................................................................................... 121
PARKING .................................................................................................................................... 123
PUBLIC BUILDING, HEIGHT .................................................................................................. 123
AREA AND YARD REQUIREMENTS ..................................................................................... 123
PROJECTIONS INTO REQUIRED YARDS ............................................................................. 124
HEIGHT EXCEPTIONS ............................................................................................................. 125
ACCESSORY BUILDINGS AND USES PERMITTED ............................................................ 125
NOXIOUS OR OFFENSIVE USES ............................................................................................ 126
ONLY ONE MAIN BUILDING ON A SITE.............................................................................. 126
MULTIPLE USES ....................................................................................................................... 126
BUILDING REMOVAL .............................................................................................................. 126
BUILDING GRADE .................................................................................................................... 126
DWELLING UNIT LOCATION WITH RESPECT TO SANITATION FACILITIES .............. 126
TRAVEL TRAILER PARK DEVELOPMENT PROVISION.................................................... 126
Town of Carberry Zoning By-law
DEFINITIONS
1
PART I - DEFINITIONS
RULES OF CONSTRUCTION
1.
The following rules of construction apply to the text of this By-law.
(a)
Words, phrases and terms defined herein shall be given the defined meaning.
(b)
Words, phrases and terms not defined herein but defined in the Act and the Building,
Electrical or Plumbing By-laws of the Town of Carberry shall be construed as
defined in such Act and By-laws.
(c)
Words, phrases and terms neither defined herein nor in the Building, Electrical or
Plumbing By-laws of the Town of Carberry shall be given their usual and customary
meaning except where, in the opinion of Council, the context clearly indicates a
different meaning.
(d)
The phrase "used for" includes "arranged for", "designed for", or "occupied for".
(e)
Unless the context clearly indicates the contrary, where a regulation involves two or
more items, conditions, provisions or events connected by the conjunction "and",
"or", or "either or", the conjunction shall be interpreted as follows:
(i)
"and" indicates that all the connected items, conditions, provisions or events
shall apply in any combination.
(ii)
"or" indicates that the connected items, conditions, provisions or events may
apply singly or in combination.
(iii)
"either-or" indicates that the connected items, conditions, provisions or
events shall apply singly but not in combination.
(f)
The word "includes" shall not limit a term to the specified example, but is intended to
extend the meaning to all instances or circumstances of like kind or character.
DIVISIONS OF BY-LAW
2.
(1)
This By-law is divided into PARTS, each PART being self-sufficient with a
minimum of cross references.
Town of Carberry Zoning By-law
DEFINITIONS
2
DEFINITIONS
ACCESSORY
3.
(1)
"Accessory" when it is used in this By-law, shall have the same meaning as
accessory use.
ACCESSORY BUILDING
3.
(2) "Accessory Building" means a subordinate building located on the same zoning site
as the principal building or use, the use of which is incidental and accessory to that of
the principal building or use:
(a)
"Accessory building, attached" means an accessory building which is
attached to the principal building and in determining the required yards, the
attached accessory building shall be treated as being part of the main
building.
(b)
"Accessory building, detached" means an accessory building which is not
attached to the principal building and in determining the required yards, the
requirements for accessory uses, buildings and structures as shown in the
Bulk Tables shall be used.
(c) "Accessory building, semi-detached" means an accessory building which is
attached to the principal building by a structure such as, but not limited to, a
breezeway. The required yards for a semi-detached accessory building shall
be determined in the same manner as in paragraph (a) above.
ACCESSORY USE OR STRUCTURE
3.
(3)
"Accessory use or structure" means a use or structure on the same site with, and of a
nature customarily incidental and subordinate to, the principal use or structure. The
single exception to the above is accessory off-street parking facilities which are
permitted by variation to locate elsewhere than on the same zoning site with the
building, structure or use served.
ENABLING ACT
3.
(4)
"Act, the" means The Planning Act, being CHAPTER P80 of the Continuing
Consolidation of the Statutes of Manitoba, and amendments thereto.
AGRICULTURAL ACTIVITIES
3.
(5)
"Agricultural activities" means a use of land for agricultural purposes including
farming, dairying, pasturage, agriculture, apiculture, floriculture, horticulture, and
Town of Carberry Zoning By-law
DEFINITIONS
3
animal and poultry husbandry and the necessary accessory uses for packing, storing
or treating the produce; provided however, that the operation of any such accessory
uses shall be secondary to that of the normal agricultural activities.
AGRICULTURAL IMPLEMENT SALES AND SERVICE
3.
(6)
"Agricultural implement sales and service" means a building and open area, used for
display, sale or rental of new or used farm implements and where minor incidental
repair work is done.
AIR LANDING STRIP
3.
(7)
"Air landing strip" means any area of land or water which is used or intended for use
for the landing or taking 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.
ALTER OR ALTERATION
3.
(8)
"Alter or alteration" means a change or modification to an existing building, structure
or use which unless otherwise provided for herein, does not increase the exterior
dimensions with respect to height and area.
ALTERATIONS, INCIDENTAL
3.
(9)
"Alterations, incidental" means:
(a)
Changes or replacements in the non-structural parts of a building or
structure, including but not limited to the following:
(i) an addition on the exterior of a building, such as an open porch;
(ii) alteration of interior partitions in all types of buildings; or
(iii) replacement of, or changes in, the capacity of utility pipes, ducts or
conduits.
(b)
Changes or replacements in the structural parts of a building, including but
not limited to the following:
(i) adding or enlarging windows or doors in exterior walls;
(ii) replacement of building facades; or
(iii) strengthening the load bearing capacity, in not more than ten percent
(10%) of the total floor area, to permit accommodation of a specialized
Town of Carberry Zoning By-law
DEFINITIONS
4
unit of machinery or equipment.
ALTERATIONS STRUCTURAL
3.
(10)
"Alterations, structural" means a structural alteration as defined in the Act.
AREA AFFECTED
3.
(11)
"Area, the" means all that land within the boundaries defined in PART II of this By-
law.
AUTOMOBILE BODY SHOP
3.
(12)
"Automobile body shop" means a building wherein the repair and painting of
automobiles takes place.
AUTOMOBILE LAUNDRY
3.
(13)
"Automobile laundry" means a building or portion thereof wherein facilities are
provided for the washing, cleaning and polishing of motor vehicles.
AUTOMOBILE SERVICE STATION
3.
(14) "Automobile service station" means a building or portion thereof and land used for
supplying fuel, oil and minor accessories for motor vehicles at retail direct to the
customer, and for making minor emergency repairs.
AUTOMOBILE OR TRAILER SALES AREA
3.
(15) "Automobile or trailer sales area" means an open area, used for the display, sale or
rental of new or used automobiles or trailers, and where repairs are made they shall
be done within a completely enclosed building, except minor incidental repairs of
automobiles or trailers to be displayed, sold or rented on the premises.
AUTOMOBILE WRECKING
3.
(16)
"Automobile wrecking" means the dismantling or wrecking of used motor vehicles
or trailers, or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
AWNING, CANOPY OR MARQUEE
3.
(17)
"Awning, canopy or marquee" means any rooflike structure, which may be
constructed as an integral part of a building or attached in such a manner as not to be
an integral part of a building, but is so constructed to provide shelter or shade over an
entrance way or window.
Town of Carberry Zoning By-law
DEFINITIONS
5
BASEMENT OR CELLAR
3.
(18) "Basement or cellar" means that portion of a building which is partially underground.
A cellar may be used for recreational purposes but not to contain habitable rooms
except by permission of Council and the Medical Health Officer.
[BED AND BREAKFAST See 3. (137)] (B/L 4/2011)
BOARD
3.
(19)
"Board" means the Board of The Cypress Planning District as established under the
Act.
BUILDING
3.
(20)
"Building" means a building as defined in the Act.
BUILDING, MAIN OR PRINCIPAL
3.
(21)
"Building, main or principal" means a building in which is conducted the principal
use of the site on which it is situated.
BUILDING, HEIGHT OF
3.
(22)
"Building, height of" means the total number of storeys in a building or the vertical
distance measured from grade to the highest point of the roof surface if a flat roof, to
the deck of a mansard roof, and to the mean height level between eaves and ridge for
gable, hip or gambrel roof.
BULK
3.
(23)
"Bulk" means the following:
(a)
The size (including height of building and floor area), of buildings or
structures;
(b)
The area of the zoning site upon which a building is located, and the number
of dwelling units or rooms within such building in relation to the area of the
zoning site;
(c)
The location of exterior walls of buildings in relation to site lines to other
walls of the same building, to legally required windows, or to other
buildings; and
(d)
All open areas relating to buildings or structures and their relationships
thereto.
Town of Carberry Zoning By-law
DEFINITIONS
6
CAMPING AND TENTING GROUNDS
3.
(24)
"Camping and tenting grounds" means a parcel of land planned and improved to
accommodate travel trailers, camping trailers, pick-up coaches, motorized homes,
tents, tent trailers or other camping accommodations used for travel, recreational and
vacation uses.
CARPORT
3.
(25)
"Carport" means an attached building open on two or three sides for the shelter of
privately owned automobiles.
CEMETERY
3.
(26)
"Cemetery" means land 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.
CHILD CARE SERVICES
3.
(27)
"Child care services" means the provision of care for remuneration or reward to a
child apart from his or her parents or guardians for a period in any one day exceeding
(3) hours but not exceeding fourteen (14) hours:
(a)
"Drop-in babysitting service" means the provision of supervision on a
temporary basis being equal to the period of time while the child is with the
babysitting service of children in a commercial or institutional building while
the parents of guardians of the children undertake some form of short term
activity, such as shopping, entertainment, education or similar activities in
close proximity to the place the child is under supervision on a temporary
basis.
(b)
"Home day care" means the provision of child care service to a maximum of
eight (8) children including the children of the owner or tenant, not over
twelve (12) years of age, in a family dwelling unit, in which the owner or
tenant resides or churches or parish halls, with access to an outdoor
recreation area.
(c)
"Group day care" means the provision of child care service to nine (9) or
more children not over the age of twelve (12) in a provincially licensed
facility with access to an outdoor recreation area.
CLUB, PRIVATE, NON-PROFIT
3.
(28)
"Club, private, non-profit" means a non-profit corporation chartered by The Canada
Corporation Act or The Manitoba Corporation Act, or an association consisting of
Town of Carberry Zoning By-law
DEFINITIONS
7
persons who are bona fide members paying annual dues, which owns, or leases a
building or portion thereof; the use of such premises being restricted to members and
their guests.
CLUB, RECREATIONAL
3.
(29)
"Club, recreational" means a non-profit corporation chartered by The Canada
Corporation Act or The Manitoba Corporation Act, or an association consisting of
persons who are bona fide members paying annual dues, which owns, or leases land
or buildings or a portion thereof; the use of such premises being restricted primarily
to the main use, which is a generally recognized sport or recreational activity, such as
curling, squash, badminton or tennis.
CONDITIONAL USE
3.
(30)
"Conditional use" means the use of land or building as provided for in the Act.
CONDOMINIUM
3.
(31)
"Condominium" means a condominium as established under the provisions of The
Condominium Act.
CONDOMINIUM, BARE LAND UNIT
3.
(32)
"Condominium, bare land unit" means a unit of land defined by delineation of its
horizontal boundaries without reference to any buildings on a condominium plan.
CONDOMINIUM UNIT
3.
(33)
"Condominium unit" means a part of the land or building and is designated as a unit
by the condominium plan, and is comprised of the space enclosed by its boundaries
and all the material parts of the land within this space at the time the condominium
declaration and plan are registered.
COUNCIL
3.
(34)
"Council" means the Council of the Town of Carberry.
COURT
3.
(35)
"Court" means an open unoccupied space, other than a required yard, on the same
zoning site with a building and bounded on two (2) or more sides by such building or
buildings.
DENSITY
3.
(36)
"Density" means the total number of dwelling units divided by the total area of land
Town of Carberry Zoning By-law
DEFINITIONS
8
to be developed, expressed in gross acres.
DEVELOPMENT OFFICER
3.
(37)
"Development Officer" means the officer appointed by the Board in accordance with
the provisions of the Act.
DEVELOPMENT PLAN
3.
(38)
"Development Plan" means the Cypress Planning District Development Plan adopted
by By-law No. 3 and amendments thereto.
DRIVE-IN ESTABLISHMENT
3.
(39)
"Drive-in establishment" means an establishment with facilities for attracting and
servicing prospective customers travelling in motor vehicles, which are driven onto
the site where the customer may or may not receive service in the vehicle.
DWELLING
3.
(40)
"Dwelling" means a building or portion thereof designed for residential occupancy.
[DWELLING, READY - TO - MOVE
3.
(40.1) "Dwelling, Ready-To-Move" means a dwelling fabricated off-site and in accordance
with Part 9 of the Manitoba Building Code, which is designed to be placed upon a
basement or other approved foundation and does not include a modular home or
mobile home. For the purposes of this By-law, a Ready-To-Move Dwelling shall be
considered to be the same as a single-family dwelling.](B/L 6/2000)
DWELLING, SINGLE-FAMILY
3.
(41)
"Dwelling, single-family" mean a detached building designed for and used by one (1)
family.
DWELLING, TWO-FAMILY
3.
(42)
"Dwelling, two-family" means a detached or semi-detached building designed for and
used by two (2) families, each having exclusive occupancy of a dwelling unit.
DWELLING, THREE AND FOUR FAMILY
3.
(43)
"Dwelling, three and four family" means a detached or semi-detached triplex,
fourplex, town or row type building designed for and used by three (3) or four (4)
families, each having exclusive occupancy of a dwelling unit.
Town of Carberry Zoning By-law
DEFINITIONS
9
DWELLING, MULTIPLE-FAMILY
3.
(44)
"Dwelling, multiple-family" means a building containing five (5) or more dwelling
units, each unit designed for and used by not more than one (1) family.
DWELLING UNIT
3.
(45)
"Dwelling unit" means 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.
ENLARGEMENT
3.
(46)
"Enlargement" means an addition to the floor area of an existing building or
structure, or an increase in that portion of a parcel of land occupied by an existing
use.
EXTENSION
3.
(47)
"Extension" means an increase in the amount of existing floor area used for an
existing use, within an existing building.
FAMILY
3.
(48)
"Family" means one or more persons related by blood or marriage or common-law
marriage, or a group of not more than three (3) persons who may not be related by
blood or marriage, living together as a single housekeeping unit.
"Family" also includes domestic servants.
"Common-law" means a man and a woman living together as a family without the
sanctity of marriage.
A housekeeping unit referred to above, shall be deemed to exist if all members
thereof have access to all parts of the dwelling unit.
FARM BUILDINGS OR STRUCTURES
3.
(49)
"Farm buildings or a structure" means any buildings or structures existing or erected
on land used principally for agricultural activities but not including dwellings.
FLOOR AREA
3.
(50)
"Floor area" (as applied to bulk regulations) means the sum of the gross horizontal
areas of the several floors of all buildings and structures on the zoning site, measured
from the exterior faces of the exterior walls or from the centreline of party walls. In
Town of Carberry Zoning By-law
DEFINITIONS
10
particular, the floor area of a building or buildings shall include:
(a)
Basements when used for residential, commercial or industrial purposes, but
not including space used for storage or the housing of mechanical or central
heating equipment, and accessory off-street parking spaces;
(b)
Floor space used for mechanical equipment (with structural headroom of six
(6) feet or more) except equipment, open or enclosed, located on the roof;
(c)
Elevator shafts and stairwells at each storey except shaft and stair bulkheads
and exterior unroofed steps or stairs; and
(d)
Penthouse, mezzanines, attics where there is a structural headroom of seven
(7) feet or more.
GARAGE
3.
(51)
"Garage" means a building or portion thereof in which a motor vehicle is, or motor
vehicles are, stored, repaired, washed or serviced.
GARAGE, PRIVATE OR CARPORT
3.
(52)
"Garage, private or carport" means an accessory building or portion of a principal
building, if attached, used by the occupants of the premises upon which it is located
for the parking or temporary storage of private passenger motor vehicles and may
also include the incidental storage of other personal property.
GRADE
3.
(53)
"Grade" (as applying to the determination of building or structure height), means the
average level of finished ground adjoining a building or structure at all exterior walls,
as determined by the Development Officer.
GRAIN STORAGE STRUCTURE
3.
(54)
"Grain storage structure" means any structure which is designed to store any type of
grain.
GROUP FOSTER HOME
3.
(55)
"Group Foster Home" means a building or portion thereof for the care of children
who are wards of the Children's Aid Society or the Director of Welfare for the
Province of Manitoba.
Town of Carberry Zoning By-law
DEFINITIONS
11
HOME OCCUPATION
3.
(56)
"Home occupation" means a use which:
(a)
Is carried on in a dwelling unit or mobile home or its permitted accessory
building;
(b)
Is carried on solely by the members of the family residing at the same
dwelling unit or mobile home without the employment of other persons;
(c)
Is incidental to or secondary to the use of the dwelling unit or mobile home;
(d)
There is no exterior display, no exterior storage of materials, and no other
exterior indication of the home occupation or variation of the residential
character of the principal or accessory building except as provided for
herein;
(e)
In the opinion of the Council, is not offensive or obnoxious or create a
nuisance.
(f)
Does not cause the generation of undue traffic and congestion in the
neighbourhood.
HOTEL
3.
(57)
"Hotel" means a building or part thereof wherein accommodation is provided for
transient lodgers, in any individual room or apartment, with or without cooking
facilities. Permitted accessory uses include but are not limited to, restaurants,
licensed beverage rooms, banquet halls, ballrooms and meeting rooms.
HOUSE, BOARDING, LODGING OR ROOMING
3.
(58)
"House, boarding, lodging or rooming" means a building or portion thereof, other
than a hotel or motel, without cooking facilities, where lodging, or lodging and meals
are provided for compensation exclusive of the proprietor and his family.
JUNK YARD
3.
(59)
"Junk yard" means an open area where waste or scrap materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled, including, but not limited
to metals, paper, rags, rubber tires and bottles. A junk yard includes an automobile
wrecking or dismantling yard but does not include uses established entirely within an
enclosed building.
Town of Carberry Zoning By-law
DEFINITIONS
12
KENNEL
3.
(60)
"Kennel" means any premises on which more than two (2) animals are boarded, bred,
trained or cared for, in return for remuneration or are kept for a purpose of sale. A
kennel shall not include a veterinary clinic, animal hospital or animal pound.
LANE
3.
(61)
"Lane" means a street not over thirty-three (33) feet in width.
LIVESTOCK
3.
(62)
"Livestock" means cattle, swine, horses, poultry, sheep, rabbits, mink and similar
animals.
LIVESTOCK PRODUCTION OPERATION
3.
(63)
"Livestock production operation" means any agricultural operation where livestock
are confined, fed or raised.
The following are not subject to the requirements for livestock production operations
unless, in the opinion of the Council, they create a pollution problem:
(a)
Cattle wintering operations;
(b)
Livestock auction markets;
(c)
Agricultural fairs;
(d)
Livestock sale yards, in which livestock may be kept for a period not
exceeding ten (10) days.
LIVESTOCK WASTE UNIT
3.
(64)
"Livestock waste unit or L.W.U." means an amount of animal waste or waste
equivalent, as set out in Section 8 of PART SEVEN of this By-law.
LOADING SPACE
3.
(65) "Loading space" means an off-street space on the same zoning site with a building, or
contiguous to a group of buildings for the temporary parking of a commercial vehicle
while loading or unloading merchandise or materials, and which has access to a street
or lane or other appropriate means of access.
LODGE
Town of Carberry Zoning By-law
DEFINITIONS
13
3.
(66)
"Lodge" means a hall or meeting place of a local branch for the members of a
fraternal order or society, such as Masons, Knights of Columbus, Elks, Eagles and
similar organizations.
MOBILE HOME
3.
(67) "Mobile home" means a portable dwelling which is designed or used for residential
occupancy, built upon or having a frame or chassis to which wheels may be attached
by which it may be moved upon a highway, whether or not such structure actually
has at any time such wheels attached, or is jacked up or skirted.
MOBILE HOME PARK
3.
(68)
"Mobile home park" means a parcel of land upon which mobile home spaces are
provided and have been approved by the Council.
MOBILE HOME SITE
3.
(69)
"Mobile home site" means a zoning site in a mobile home subdivision for the
placement of a mobile home.
MOBILE HOME SPACE
3.
(70)
"Mobile home space" means a space in a mobile home park for the placement of a
mobile home.
MOBILE HOME SUBDIVISION
3.
(71)
"Mobile home subdivision" means an area of land subdivided to provide mobile
home sites in accordance with the subdivision approval procedure under The Act.
[MODULAR HOME
3.
(71.1) Modular Home means a pre-fabricated portable dwelling unit similar to but distinct
from a mobile home, but does not have a chassis designed to accommodate wheels.
Modular homes are also distinct from ready-to-move dwellings, in that they are not
designed to the same code requirements, nor with the same construction techniques.
Modular homes are designed to be transported on flatbed trucks, and may be folded,
collapsed or telescoped when in tow, and which may be extended on the site for
additional interior space.](B/L 6/2000)
MOTEL
3.
(72)
"Motel" means a building or part thereof, not over two (2) storeys in height wherein
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 accessory uses include but are not limited to restaurants, licensed
beverage rooms, banquet halls, ballrooms and meeting rooms.
Town of Carberry Zoning By-law
DEFINITIONS
14
NON-CONFORMITIES
3.
(73)
See non-conformities PART II Section 11.
OPEN SPACE
3.
(74)
"Open space" means that required portion of a zoning site at ground level, unless
otherwise stated, unoccupied by principal or accessory buildings and available to all
the occupants of the building. The open space shall be unobstructed to the sky and
shall not be used for service driveways or accessory off-street parking space or
loading space, unless otherwise provided for herein, but shall be usable for
landscaping, drying yards, recreational space and other leisure activities normally
carried on outdoors. Balconies, roof and other like above grade level areas may also
be considered as open space.
OWNER
3.
(75) "Owner" means an owner as defined in the Act.
PARCEL OF LAND
3.
(76)
"Parcel of land" means a parcel as defined in the Act.
PARKING AREA
3.
(77)
"Parking area" means an open area of land other than a street or lane or an area within
a structure used for the parking of vehicles.
PARKING AREA, PUBLIC
3.
(78)
"Parking area, public" means a parking area used for the temporary parking of
vehicles and is available for public use whether free, for compensation or as an
accommodation for clients, customers, employees or visitors.
PARKING SPACE
3.
(79)
"Parking space" means a space on a parking area, public parking area or zoning site
for the temporary parking or storage of a vehicle.
PARTY WALL
3.
(80)
"Party wall" means a wall forming part of a building and used for separation of
adjoining buildings occupied, constructed or adapted to be occupied by different
persons or businesses.
Town of Carberry Zoning By-law
DEFINITIONS
15
PERFORMANCE STANDARD
3.
(81)
"Performance standard" means a standard established to control erosion, water
consumption, water quality, noise, odour, smoke, toxic or noxious matter, vibration,
fire and explosive hazards or glare or heat generated by, or inherent in, uses of land
or buildings.
PERSONAL SERVICE SHOP
3.
(82)
"Personal service shop" means a building or part of a building in which persons are
employed in furnishing services and otherwise administering to the individual and
personal needs of persons and without limiting the generality of the foregoing may
include such establishments as barber shops, beauty parlors, hair-dressing shops,
hand laundries, shoe repair and shoe shining shops, tailor and dressmaking shops,
valets and depots for collecting dry cleaning and laundry.
PLANNED UNIT DEVELOPMENT
3.
(83)
"Planned unit development" means a planned unit development as defined in the Act.
PREMISES
3.
(84)
"Premises" means an area of land with or without buildings.
PUBLIC UTILITY AND SERVICES
3.
(85)
"Public utility and services" means any system, works, plant equipment or services
which furnishes services and facilities available at approved rates to or for the use of
the inhabitants of Carberry, including but not limited to:
(a) Communication, by way of telephone, telegraph, wireless or television;
(b)
Public transportation, by bus or other vehicle;
(c)
Production, transmission, delivery or furnishing of water, gas or electricity to
the public at large; or
(d)
Collection of sewage, garbage or other waste.
PUBLIC UTILITY BUILDING
3.
(86)
"Public utility building" means a building used by a public utility.
REPAIR
3.
(87)
"Repair" means the renewal or reconstruction of any part of an existing structure for
the purpose of its maintenance or restoration.
Town of Carberry Zoning By-law
DEFINITIONS
16
RESIDENTIAL CARE FACILITY
3.
(88)
"Residential care facility" means the use of any building or structure or part thereof,
however named, which is advertised, announced or maintained for the express or
implied purpose of providing lodging, meals, care and supervision or transitional
services to persons not related by blood, marriage or adoption to the operator nor to
each other but does not include a facility which is licensed or designated by the
Manitoba Health Services Commission.
RESORT COMMERCIAL
3.
(89)
"Resort, Commercial" means a commercial recreation establishment which may
consist of one or more buildings containing single or multiple-family dwellings,
recreational facilities and service facilities which are used on an intermittent basis.
Other facilities which may be a part of the resort development includes; a camping
and tenting grounds, a hotel, a retail store, an eating establishment, a marina, a golf
course and other outdoor recreation game courts, areas and trails.
SENIOR CITIZEN HOME
3.
(90)
"Senior citizen home" means a building containing one or more dwelling units or
individual rooms where elderly people live independent of personal care.
SERVICE SHOP
3.
(91)
"Service shop" means an enclosed building or part thereof whether conducted in
conjunction with retail shopping or not, for the repair, sale and service of articles or
materials as opposed to the manufacture of same. This type of shop shall exclude an
automobile body shop.
SIGN
3.
(92) "Sign" means any writing (including letter, word or numeral), pictorial representation
(including illustration or decoration), emblem (including device, symbol or
trademark), banner, pennant or any other figure of similar character which:
(a)
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;
(b)
Is used to identify, direct attention to, or advertise; and
(c)
Is visible from outside a building but shall not include show windows as
such.
Town of Carberry Zoning By-law
DEFINITIONS
17
SIGN, ADVERTISING
3.
(93)
"Sign, advertising" means a sign directing attention to a business, commodity, service
or entertainment conducted, sold or offered elsewhere than upon the same zoning site
where the sign is maintained, including a billboard sign.
SIGN, BULLETIN BOARD
3.
(94)
"Sign, bulletin, board" means a sign of permanent character, but with movable letters,
words or numerals indicating the names of persons associated with, or events
conducted upon, or products or services offered upon the premises upon which sign
is maintained, e.g., school, church, community centre bulletin board sign and similar
uses.
SIGN, BUSINESS
3.
(95)
"Sign, business" means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same zoning site where the sign is
maintained.
SIGN, CONSTRUCTION
3.
(96)
"Sign, construction" means a sign which identifies a construction project and
information relative thereto.
SIGN, FACIA OR WALL
3.
(97)
"Sign, facia or wall" means any 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 said wall, column or other perpendicular position. A
facia sign shall also mean any sign attached to the walls of two or more buildings and
spanning the spaces between said buildings.
SIGN, FLASHING
3.
(98)
"Sign, flashing" means an illuminated sign on which artificial light is not maintained
constant in intensity and color at all times when such sign is in use.
SIGN, FREESTANDING
3.
(99)
"Sign, freestanding" means a sign supported by a vertical column or columns placed
in the ground with the sign surface area above ground level.
SIGN, IDENTIFICATION
3.
(100) "Sign, identification" means a sign that identifies the business, owner, resident or the
street address and which sets forth no other advertisement.
Town of Carberry Zoning By-law
DEFINITIONS
18
SIGN, ILLUMINATED
3.
(101) "Sign, illuminated" means a sign designed to give forth any artificial light or reflect
light from an artificial source.
SIGN, MARQUEE
3.
(102) "Sign, marquee" means a sign attached to a marquee, canopy or awning projecting
from and supported by a building.
SIGN, PROJECTING
3.
(103) "Sign, projecting" means any sign other than a facia sign, which is attached to a
building and extends beyond the exterior wall of the said building beyond the surface
of that portion of the building to which it is attached.
SIGN, REAL ESTATE
3.
(104) "Sign, real estate" means a sign advertising the sale, rental or lease of the premises on
which it is maintained.
SIGN, ROOF
3.
(105) "Sign, roof" means any sign erected, constructed and maintained wholly upon or over
the roof of any building with the principal support on the roof structure.
SIGN, SURFACE AREA
3.
(106) "Sign, surface area" means 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 the necessary 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 one (1) yard 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.
SIGN, TEMPORARY
3.
(107) "Sign, temporary" means a sign with or without a structural frame and intended for a
limited period of display, and shall include a mobile sign, but shall have no red, green
or amber lights thereon, and with no blinking or scintillating lights when the sign
faces a residential area.
Town of Carberry Zoning By-law
DEFINITIONS
19
SITE
3.
(108) "Site" means a zoning site as defined herein unless the context indicates otherwise.
See mobile home site.
SITE AREA
3.
(109) "Site area" means the computed area contained within the site lines.
SITE, CORNER
3.
(110) "Site, corner" means a site situated at the intersection of two (2) streets, the
interior
angle
of
such
intersection
not
exceeding
135
degrees.
SITE COVERAGE
3.
(111) "Site Coverage" means that part or percentage of the site occupied by buildings,
including accessory buildings.
Structures which are below the finished site grade, including sewage lagoons, water
reservoirs, parking structure below grade and similar structures shall not be included
in site coverage.
Town of Carberry Zoning By-law
DEFINITIONS
20
SITE DEPTH
3.
(112) "Site depth" means the horizontal distance between the centre points in the front and
rear site lines.
SITE FRONTAGE
3.
(113)
"Site frontage" means all that portion of a zoning site fronting on a street and
measured between side site lines.
SITE, INTERIOR
3.
(114) "Site, interior" means a site other than a corner site or a through site. (See sketches
for other types.)
Town of Carberry Zoning By-law
DEFINITIONS
21
SITE, KEY
3.
(115) "Site, key" means the first site to the rear of a reversed corner site.
SITE LINES
3.
(116) "Site lines" means as follows:
(a)
"Front site line" means that boundary of a site which is along an existing or
designated street. For a corner site the Development Officer may select the
front site line except where an interior site abuts the corner site, then the
front site line shall be that line which is the continuation of the front site line
of the interior site.
(b)
"Rear site line" means that boundary of a site which is most nearly parallel to
the front site line and in the case of a site in which the side site lines
intersect, such as a triangular site, a line ten (10) feet in length within the
site, parallel to and at the maximum distance from the front site line.
(c)
"Side site line" means any boundary of a site which is not a front or rear site
line.
(d)
Where an irregular shaped site cannot have its site lines defined by the
foregoing definitions, the front, rear and side site lines shall be determined
by the Development Officer.
Town of Carberry Zoning By-law
DEFINITIONS
22
SITE, REVERSE CORNER
3.
(117) "Site, reverse corner" means a corner site, the flanking street site line of which is
substantially a continuation of the front site line of the first site to its rear.
Town of Carberry Zoning By-law
DEFINITIONS
23
SITE, THROUGH
3.
(118) "Site, through" means a site having a pair of opposite site lines along two (2) more or
less parallel streets. On a through site, both street lines shall be deemed front site lines.
SITE WIDTH
3.
(119) "Site width" means the horizontal distance between the side site lines, measured at
right angles to the site depth at a point midway between the front and rear site line, or
40 feet from the front site line, whichever is the lesser.
Town of Carberry Zoning By-law
DEFINITIONS
24
SITE, ZONING
3.
(120) "Site, zoning" means an area of land which is:
(a)
is occupied, or intended to be occupied by a main building or a group or such
buildings and accessory buildings, or utilized for the principal use or uses
thereto, together with such open spaces as are required under the provisions
of this by-law.
(b)
has frontage on a public street or has lawful means of access satisfactory to
the Council but only including a private road or private lane.
(c)
is of sufficient size to provide the minimum requirements of this by-law or as
varied for a permitted or conditional use in a district where the use is located.
SPACE
3.
(121) See mobile home space.
STABLE, PRIVATE
3.
(122) "Stable, private" means a detached accessory building for the keeping of cattle or
horses owned by the occupants of the premises and not kept for remuneration, hire or
sale.
STABLE, PUBLIC
3.
(123) "Stable, public" means a stable other than a private stable.
STOREY
3.
(124) "Storey" means that portion of any building which is situated between the top of any
floor and the top of the floor next above it; and if there is no floor above it, that
portion between the top of such floor and the ceiling above it. A basement shall be
counted as a storey for the purpose of height measurement if the vertical distance
between the ceiling and the average finished level of the adjoining ground is more
than five (5) feet.
STOREY, FIRST
3.
(125) "Storey, first" means the storey with its floor closest to grade and having its ceiling
more than five (5) feet above grade.
STOREY, SECOND
3.
(126) "Storey, second" means the storey located immediately above the first storey.
Town of Carberry Zoning By-law
DEFINITIONS
25
STREET
3.
(127) "Street" means a street as defined in the Act.
STRUCTURE
3.
(128) "Structure" means 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, signs, billboards, poster panels, light standards and
similar items.
TOT LOT
3.
(129) "Tot lot" means an area dedicated to public playground use for pre-school children.
TOWN OR ROW TYPE DWELLINGS, LOTTED
3. (130) "Town or row type dwellings, lotted" means a single town or row type dwelling unit
situated on a zoning site, the limits of which are designated on a plan of subdivision
on record in the Brandon Land Titles Office.
TOWN OR ROW TYPE DWELLINGS, UNLOTTED
3.
(131) "Town or row type dwellings, unlotted" means a number of town or row type
dwelling units situated on a zoning site, where the buildings are part of a planned unit
development and site lines are not designated for each building or building group.
TRAVEL TRAILER
3.
(132) "Travel trailer" means a portable living accommodation designed to be used as
accommodation for travel, recreation or vacation purposes that:
(a)
Is capable of being transported on its own chassis and running gear by
towing or other means;
(b)
Is placed on the chassis or body of a motor vehicle; or
(c)
Forms part of a motor vehicle.
TRAVEL TRAILER PARK
3.
(133) "Travel Trailer Park" shall mean any premises which are used or designed for
temporary accommodation of two or more travel trailers, camping trailers, pick-up
coaches, motorized homes, tents, tent trailers or other camping accommodations used
as temporary dwellings whether or not a charge is made for such accommodation.
Town of Carberry Zoning By-law
DEFINITIONS
26
USE
3.
(134) "Use" means
(a)
Any purpose for which a building or other structure or parcel of land may be
designed, arranged, intended, maintained or occupied; or
(b)
Any activity, occupation, business or operation carried on, or intended to be
carried on, in a building or other structure or on a parcel of land.
VEGETABLE STORAGE STRUCTURE
3.
(135) "Vegetable Storage Structure" means any structure which is designed to store any
type of vegetable for commercial purposes.
YARD
3.
(136)
"Yard" means an open area, on the same zoning 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)
"Yard, required" means a yard extending along a site line or wall to a depth
or width (measured from the site line or wall) specified in the yard
requirements for the district in which such zoning site is located.
(b)
"Yard, corner side" means a side yard which adjoins a street.
(c)
"Yard, front" means a yard extending along the full length of the front site
line between the side site lines.
(d)
"Yard, interior side" means a side yard which is adjacent to another zoning
site, or to a lane separating such side yard from another zoning site, or to the
wall of a building adjacent to the wall of another building in a planned unit
development.
(e)
"Yard, rear" means a yard extending along the full length of the rear site line
between the side site lines.
(f)
"Yard, side" means a yard extending along the side site line from the
required front yard to the required rear yard.
(g)
The following sketches illustrate the foregoing definitions of the required
yards:
Town of Carberry Zoning By-law
DEFINITIONS
27
Town of Carberry Zoning By-law
DEFINITIONS
28
Town of Carberry Zoning By-law
DEFINITIONS
29
[BED AND BREAKFAST
3.
(137)
(a)
shall mean a dwelling unit in which overnight accommodations and meals
are provided for a fee.] (B/L 4/2011)
Town of Carberry Zoning By-law
ADMINISTRATION
30
PART II - ADMINISTRATION
SCOPE
TITLE
1.
(1)
This By-law shall be known as "The Town of Carberry Zoning By-law".
WHEN EFFECTIVE
1.
(2)
This By-law shall be in full force and effective when it is given third reading by the Council of the
Town of Carberry.
THE AREA
1.
(3)
The Area to which this Zoning By-law shall apply shall be all of the Town of Carberry.
INTENT AND PURPOSE
1.
(4)
The regulations and provisions established by this By-law are deemed necessary in order to:
(a)
Implement the objectives and policies of the Cypress Planning District Development
Plan;
(b)
To define and limit the powers and duties of the Council, the Board, and the Development
Officer; and
(c)
To regulate the following:
(i)
All buildings and structures erected hereafter;
(ii)
All uses of buildings, structures and land established hereafter;
(iii)
All structural alterations or relocations of existing buildings and structures
occurring hereafter; and
(iv)
All enlargements or additions to existing buildings, structures or uses.
(v)
The change of use of land, buildings and structures.
RESPONSIBLE AUTHORITY
1.
(5)
(a)
The authority responsible for the enactment of this By-law shall be the Council, in
accordance with the provisions of the Act; and
(b)
Subject to the provisions of the Act, the regulations, restrictions and boundaries set forth
Town of Carberry Zoning By-law
ADMINISTRATION
31
in this By-law may from time to time be amended, supplemented, changed or repealed.
RESPONSIBILITIES OF COUNCIL
1.
(6)
Subject to the provisions of the Act, the Council is responsible for:
(a)
Considering the adoption or rejection of proposed amendments or the repeal of this By-
law;
(b)
Acting as a Variation Board;
(c)
Approving or rejecting conditional use applications, and may revoke the authorized
conditional use for any violation of any additional conditions imposed by it; and
(d)
Establishing a schedule of fees as provided for in Section 22 of this PART.
RESPONSIBILITIES OF THE BOARD
1.
(7)
Subject to the provisions of the Act, the Board is responsible for:
(a)
Administering and enforcing the provisions of this By-law;
(b)
Administering and enforcing those provisions of the Act, where applicable;
(c)
In accordance with Section 21 (2) of the Act, establishing a schedule of fees and charges
for permits. Until all applicable fees and charges have been paid in full, no action shall be
taken on any application.
PLANNING ADVISORY COMMITTEE
2.
Planning advisory committees may be established in accordance with the provisions of the Act.
AMENDMENTS
PROCEDURE
3.
(1)
Subject to the procedure required under the Act, an amendment may be initiated by a resolution of
intention by the Council, or by application of one or more owners of the property or their agents
within the area proposed to be changed. An application to amend the zoning by-law and all
required information and fees as determined by Council and in accordance with Section 22 of this
PART shall be made to the Council.
DECISION BY COUNCIL
3.
(2)
Council shall notify the applicant four (4) days in advance of the meeting, at which time it shall
review all of the facts presented, and any representation by the applicant, study the facts
presented, make its findings and determination in writing and shall transmit a copy thereof to the
applicant. If Council approves the application, it shall proceed with the adoption of the
Town of Carberry Zoning By-law
ADMINISTRATION
32
amendment in accordance with the provisions of the Act.
CONDITIONAL USE
4.
(1)
The development and execution of this By-law is based upon the division of The Area into
districts, within which districts the use of land and buildings and structures in relation to the land
are substantially compatible. It is recognized, however, that there are certain uses deemed
conditional uses which, because of their unique characteristics cannot properly be classified in
any particular district or districts without consideration, in each case, of the impact of those uses
upon neighbouring land and of the public need for the particular use at the particular location.
Such uses fall into two categories:
(a)
Uses publicly operated or traditionally associated with the public interest; and
(b)
Uses entirely private in character but of such an unusual nature that their operation may
give rise to unique problems with respect to their impact upon neighbouring property or
public facilities.
APPLICATION
4.
(2)
An application for a conditional use shall be processed and approved or rejected in accordance
with the provisions of the Act.
FILING AN APPLICATION
4.
(3)
The application shall be filed with the Council and shall be accompanied by a site plan and other
data as the Council may prescribe and such fees as determined by Council.
EXPIRY OF APPROVAL
4.
(4)
The approval of Council in accordance with the provisions of the Act shall expire and cease to
have any effect if it is not acted upon within twelve (12) months of the date of the decision, unless
it is renewed prior to the expiry date at the discretion of Council for an additional period not
exceeding twelve (12) months.
EXISTING CONDITIONAL USE
4.
(5)
Where a use is classified as a conditional use under this By-law or amendments thereto, and exists
as a permitted use or conditional use at the date of the adoption of this By-law, or amendments
thereto, it shall be considered as a legally existing conditional use.
CHANGES TO AN EXISTING CONDITIONAL USE
4.
(6)
Any change in a conditional use shall be subject to the provisions of this Section and the
appropriate provisions of the Act.
Town of Carberry Zoning By-law
ADMINISTRATION
33
TEMPORARY USES
5.
(1)
Notwithstanding any provisions elsewhere contained in this By-law, the Council may permit,
subject to such conditions as it may seem fit to impose, and for a period of six (6) months which
may be renewed for not more than two (2) successive periods at the same location before expiry
subject to approval of Council, the temporary use of lands, buildings or structures not in
conformity with the requirements of this By-law if, in Council's opinion, the safety amenity or
sanitary conditions of property in the vicinity will not be adversely affected thereby.
VARIATIONS
THE RIGHT TO APPLY
6.
(1)
Any person may apply for a variation order, in accordance with the provisions of the Act.
6.
(2)
An application for a variation order and all required information and fees, as determined by the
Variation Board, shall be made to the Development Officer.
DEVELOPMENT AGREEMENT
AGREEMENT WITH TOWN OF CARBERRY
7.
(1)
Where an application is made for the amendment of this By-law, the Council may require the
owner or the person entitled to be registered as owner of the land, building or structure to which
the amendment shall apply, as a condition to its enactment, to enter into a development agreement
with the Town of Carberry in respect of that land as well as contiguous land owned or leased by
the applicant.
AGREEMENT TO COMPLY WITH ACT
7.
(2)
The provisions of said agreement shall be in accordance with the Act.
THE DEVELOPMENT OFFICER
DUTIES
8.
(1)
The Board shall appoint a development officer, who on behalf of the Town of Carberry, may:
(a)
issue development permits in accordance with the provisions of this By-law.
POWERS
8.
(2)
The Development Officer may:
(a)
Issue a development permit where the development of land, buildings or structures
conforms to the adopted Development Plan, and the requirements of this By-law and
amendments thereto, subject to the provisions of subsection (3);
Town of Carberry Zoning By-law
ADMINISTRATION
34
(b)
Enter any buildings or premises at all reasonable hours in the performance of his duties
with respect to this By-law;
(c)
Issue development permits for the temporary use of buildings, structures or land pursuant
to the provisions of this By-law; and
(d)
Issue zoning memoranda or such other documents necessary for the administration and
enforcement of this By-law.
DEFER APPROVAL OF PERMITS
8.
(3)
At the request of Council or the Board, the Development Officer shall:
(a)
Defer approving an application for a development permit:
(i)
as provided for in the Act;
(ii)
which would result in a violation of this By-law or any By-law of the
Town of Carberry; or
(iii)
to any person who has failed to pay any fees due and owing to the Town
of Carberry or the Board under this By-law.
DEVELOPMENT PERMIT
PERMIT REQUIRED
9.
(1)
The owner or his agent shall obtain all necessary permits as required by the Board, Council and
other government agencies.
WHEN REQUIRED
9.
(2)
An application for a development permit is required for the following:
(a)
The erection or construction or placement of any building, structure or mobile home,
except fences and ornamental light standards;
NOTE: See definition of structure.
(b)
The addition, extension, structural alteration or conversion of any building or structure;
(c)
The relocation or removal or demolition of any building or structure.
(d)
The use of vacant land, buildings or structures; or
(e)
The change of use of land, buildings or structures.
Town of Carberry Zoning By-law
ADMINISTRATION
35
REQUIREMENTS
9.
(3)
In addition to the requirements of any By-law of the Town of Carberry or any other provincial
regulations, all applications for a development permit shall:
(a)
Be accompanied by a plan, drawn to scale, showing the actual dimensions and shape of
the site to be built upon; the exact size and location on the site of buildings already
existing, if any, and the location and dimensions of the proposed building, enlargement or
structural alterations;
(b)
Include such other information as may be required by the Council or Board, including
existing or proposed building or structural alterations; existing or proposed use of the
building and land; the number and location of automobile parking spaces and loading
spaces; the number of families, dwelling units or rental units the building is designed to
accommodate; conditions existing on the site; current copies of relevant titles, easements,
caveats, a surveyor's certificate prepared by a Manitoba Land Surveyor and such other
matters as may be necessary to determine conformance with and provide for the
enforcement of this By-law; and
(c)
No person shall erect, locate, repair, use, or occupy any building, land or structure
contrary to any development permit or the material furnished in support of the
application.
BUILDING PERMITS
PERMITS ISSUED PRIOR TO BY-LAW
10.
(1)
Unless otherwise provided for herein, building permits issued prior to the effective date of this
By-law shall be considered valid for the purpose of this By-law provided all the conditions under
which the permit was issued are complied with.
BUILDING TO BE MOVED
10.
(2)
No building or structure shall be moved in whole or in part to any other location unless every
portion of the building or structure is made to conform to all the regulations of this By-law
applying to the district in which it is to be located.
NON-CONFORMITY
DEFINITION
11.
(1)
"Non-Conformity" means one, or a combination of one or more, of the following:
(a)
A site or parcel of land;
(b)
A building or structure;
(c)
A use of a building or structure;
Town of Carberry Zoning By-law
ADMINISTRATION
36
(d)
A use of land; or
(e)
A Sign;
which lawfully existed prior to the effective date of this By-law or amendments thereto, but does
not conform to the provisions contained within this By-law or amendments thereto.
NON-CONFORMITIES
11.
(2)
Non-conformities are hereby classified in the following subsections (3) to (11).
NON-CONFORMING USES
11.
(3)
"Non-conforming uses" means any lawful use of a building, structure or a parcel of land, or
portion thereof, which does not conform to one or more of the applicable use regulations of the
district in which it is located, either on the effective date of this By-law or amendments thereto:
BUILDINGS OR STRUCTURES
11.
(4)
A "non-conforming building or structure" means any lawful building or structure, which does not
comply with one or more of the applicable district bulk regulations on the effective date of this
By-law or amendments thereto:
SITE OR PARCEL
11.
(5)
A "non-conforming site or parcel of land" means any lawful site or parcel of land which does not
comply with the site area, site width or site depth on the effective date of this By-law, or
amendments thereto, and was on record in the Land Titles Office and in separate ownership prior
to the effective date of this By-law, or amendments thereto, and did not form part of a larger
contiguous holding in the same ownership; and
SIGNS
11.
(6)
A "non-conforming sign" means any lawful sign, which does not comply with one or more of the
applicable district bulk regulations on the effective date of this By-law or amendments thereto.
GENERAL PROVISIONS
11.
(7)
A non-conforming use and a non-conforming building or structure shall be regulated in
accordance with and subject to the provisions of the Act, unless otherwise provided for herein.
STRUCTURAL ALTERATIONS
11.
(8)
Pursuant to Section 53(1) of the Act, a structural alteration may be made to a non-conforming
building or structure, provided that the said alteration conforms to the requirements of this By-
law, or where such requirements may be varied by a variation order.
Town of Carberry Zoning By-law
ADMINISTRATION
37
REPAIR OR REBUILDING
11.
(9)
Pursuant to Section 53(3) of the Act, where Council determines that a building or structure is
damaged or destroyed more than fifty (50%) percent of its replacement value above its
foundation, the said building or structure may be repaired or rebuilt, but only in conformance with
this By-law or its amendments, or where such requirements are varied by a variation order.
NON-CONFORMING PARCEL
11.
(10)
No building or structure may be erected on a non-conforming parcel of land unless:
(a)
The required yards are provided as set forth in the Bulk Table of the district in which the
parcel of land is located; or
(b)
Where a variation order for such yard requirements is granted.
NON-CONFORMING SIGNS
11.
(11)
A "non-conforming sign" shall be subject to all the provisions of this PART relating to non-
conformities, except as provided hereafter;
(a)
A change in the subject matter represented on a sign shall not be considered a change of
use; and
(b)
A non-conforming sign may be structurally altered, reconstructed, or replaced in the same
location and position provided that such structural alteration, reconstruction, or
replacement does not result in:
(i)
the creation of a new non-conformity or an increase in the degree of non-
conformity; or
(ii)
an increase in the sign surface area; or
(iii)
an increase in the degree of illumination.
CERTIFICATE OF COMPLIANCE AND FEES
11.
(12)
Any fees made to the Development Officer for the issuance of a zoning memorandum in
accordance with Section 51(1) of the Act shall be determined by Council.
INTERPRETATION AND APPLICATION
12.
(1)
In their interpretation and application, the provisions of this By-law shall be held to be the
minimum requirements to satisfy the intent and purpose as set forth herein.
Town of Carberry Zoning By-law
ADMINISTRATION
38
RELATION TO OTHER BY-LAWS
12.
(2)
Whenever provisions of any By-law of the Town of Carberry or any other requirements of the
Provincial or Federal Government impose overlapping regulations over the use of land or
buildings or bulk requirements or contain any restrictions covering any of the same subject matter
contained herein, the most restrictive or highest requirement shall govern.
PREVIOUS VIOLATIONS
12.
(3)
Unless otherwise provided for herein an existing building, structure or use which was illegal
under the provisions of any planning scheme or zoning by-law in force on the effective date of this
By-law and amendments thereto shall not become or be made legal solely by reason of the
adoption of this By-law; and to the extent that, and in any manner that, said illegal building,
structure or use is in conflict with the requirements of this By-law, said building, structure or use
remains illegal hereunder.
SITE REDUCED
12.
(4)
A site area or site width or required yard reduced below the minimum requirements of this By-law
by virtue of a public works, street or public utility shall be deemed to conform to the requirements
of this By-law. (See PART IV SUBDIVISION CONTROL of The Planning Act.)
VARIATION ORDER OR SPECIAL EXCEPTION PRIOR TO BY-LAW
12.
(5)
A building or structure or use established by a variation order prior to the coming into force of this
By-law shall, subject to the provisions of the variation order, be deemed to conform to the
provisions of this By-law.
"A", "R", "C", OR "M" DISTRICT
12.
(6)
Whenever the terms "A" District, "R" District, "C" District or "M" District are used, they shall be
deemed to refer to all Districts containing the same letter in their names.
FUTURE ROAD ALLOWANCE DEEMED EXISTING
13.
No building or structure shall be erected upon any land designated for a future road allowance. Any
development adjacent to said future road allowance shall comply with the requirements of the By-law as if
the said future road allowance was already in existence.
PUBLIC UTILITIES AND SERVICES
14.
Nothing in this By-law shall be so interpreted as to interfere with the construction, maintenance and
operation of any public utility and service, as defined by this By-law, or public service such as police and
fire protection, provided that the requirements of such public utility and services are of a standard
compatible with the adjacent area as determined by the Development Officer, and that any building or
structure erected in any district, complies with the required yard and area requirements applicable to the
district.
Town of Carberry Zoning By-law
ADMINISTRATION
39
PUBLIC MONUMENTS AND STATUARY
15.
Nothing in this By-law shall be so interpreted as to interfere with the maintenance or erection of
monuments, statuary, and similar structures.
SAND, GRAVEL OR MINERAL EXTRACTION OPERATIONS
16.
These operations require a Development Permit before they can be undertaken.
ENFORCEMENT
17.
The enforcement of this By-law, or any resolution or Order enacted by the Council under the Act or any
regulation made thereunder shall be in accordance with the Act.
MUNICIPAL SERVICES
CONNECTING TO MUNICIPAL SERVICES
18.
All principal buildings constructed on a site served by public or private sewer, water or hydro distribution
shall be connected to such services. Sewer and water connections shall be made within the time limit
specified in the Town of Carberry Sewer and Water By-law No. and any amendment thereto.
BASEMENT DWELLING UNIT
19.
A basement dwelling unit shall comply with the provisions of this By-law, the Buildings and Mobile
Homes Act, Chapter B93, S.M. 1977 and any other By-law or Act having jurisdiction.
STREET, LANE OR ROAD
FRONTAGE
20.
(1)
Where it shall deem fit, the Council may permit a use of land or buildings to be constructed upon
sites having frontage on a private lane or road provided that said lane or road intersects with a
street.
DUTIES OF THE OWNER
RESPONSIBILITY
21.
(1)
Neither the granting of a development permit nor the approval of the drawing and specifications
nor the inspections made by the Development Officer shall in any way relieve the owner of the
responsibility of complying with the requirements of this By-law or of any relevant By-laws of the
Town of Carberry.
Town of Carberry Zoning By-law
ADMINISTRATION
40
PERMITS REQUIRED
21.
(2)
Every owner shall:
(a)
Permit the Development Officer to enter any building or premises at any reasonable time
for the purpose of administering or enforcing this By-law and shall not molest, obstruct or
interfere with the Development Officer in the discharge of his duties under this By-law.
(b)
After the development application has been approved and the permit issued, obtain the
written approval of the Development Officer before doing any work at variance with the
approved documents filed; and
(c)
Be responsible for obtaining, where applicable, from the appropriate authorities, permits
or licenses relating to the buildings, grades, sewers or water supply systems, plumbing,
signs, blasting, street, occupancy, electrical, highways, and all other permits required in
connection with the proposed work.
FEE SCHEDULE
FEES
22.
(1)
Council shall by By-law establish a fee schedule for variations, zoning amendments, zoning
memorandum, conditional use orders and non-conforming certificates and other appropriate
documents.
REPEAL
REPEAL OF PLANNING SCHEMES
23.
All Planning Schemes adopted by the Town of Carberry under the repealed Planning Act, being Chapter
39, S.M. 1964, and all subsequent amendments thereto are hereby repealed.
Town of Carberry Zoning By-law
ZONING
41
PART III - ZONING
ZONING DISTRICTS
ZONING
1.
In order to carry out the intent and purpose set forth in subsection (4) of Section 1 of PART II
ADMINISTRATION, the following zoning districts are hereby established in the Area:
(1) "RA" Suburban District;
(2) "R" Residential District;
(3) "RHD" High Density Residential District;
(4) "RMH" Mobile Home Residential District;
(5) "CC" Downtown Commercial District;
(6) "CH" Urban Highway Commercial District;
(7) "M1" Light Industrial District;
(8) "M2" Heavy Industrial District;
(9) "A" Agricultural District;
(10) "ARR" Agricultural Residential Reserve District;
(11) "OS" Open Space District;
[(12) "MU" Mixed Use District;] (B/L 4/2011)
ZONING MAPS
2.
The location and the boundaries of the zoning districts listed in Section 1 above are shown upon a Zoning
Map attached hereto, marked as APPENDIX "A" to this By-law. Said Zoning Map forms part of this By-
law. All notations, references and other information shown thereon, together with any amendments made
by amending By-laws from time to time and shown thereon, together with any amendments to boundaries
in the case of any street, lane or public utility right-of-way closing, as provided in Section 3 of this PART,
shall be as much a part of this By-law as if the matters and information set forth by the said Zoning Map
were fully described herein.
DIMENSIONS AND SCALE
2.
(1)
The scale and all dimensions of the Zoning Map are in feet.
Town of Carberry Zoning By-law
ZONING
42
REGISTERED PLANS
2.
(2)
All plan references on the Zoning Maps pertain to registered plans filed in the Brandon Land
Titles Office.
ABBREVIATIONS
2.
(3)
The abbreviations noted on the Zoning Map mean the following:
(a) "Blk." means Block;
(b) "Gov't. Rd. All'ce." means Government Road Allowance;
(c) "Pcl." means Parcel;
(d) "Pt." means Part;
(e) "Rge." means Range;
(f) "R.M. of North Cypress" means the Rural Municipality of North Cypress;
(g) "Sec." means Section;
(h) "Twp." means Township;
(i) "W.P.M." or "W" means West of the Principal Meridian;
(j) "P.R." means Provincial Road;
(k) "P.T.H." means Provincial Trunk Highway;
(l) "C.N.R." means Canadian National Railway;
(m) "C.P.R." means Canadian Pacific Railway.
BOUNDARIES
2.
(4)
Double heavy broken lines represent the zoning map boundary. Heavy broken lines represent
zoning district boundaries. Where the zoning district boundary is broken by the name of a street,
it shall be construed that the boundary continues through the name of the street. Where the limit
of a zoning district boundary and the zoning map is co-terminus, the zoning map limit shall
constitute the limits of the district boundary.
Town of Carberry Zoning By-law
ZONING
43
ZONING DISTRICT BOUNDARIES
INTERPRETATION OF ZONING BOUNDARIES
3.
In the interpretation of the boundaries of the zoning districts as shown on the Zoning Maps the following
rules shall apply:
(a)
Notwithstanding that streets, lanes and public utility rights-of-way may be within zoning district
boundaries, the regulations contained in this By-law shall not be deemed to be applicable to said
streets, lanes and public utility rights-of-way;
(b)
Boundaries indicated as following the centrelines of streets, highways or lanes shall be construed
to follow such centrelines;
(c)
Boundaries indicated as following lot, site or property holding lines on a registered plan shall be
construed as following such lot, site or property holding lines;
(d)
Boundaries indicated as following the Town's limits shall be construed as following the Town's
limits;
(e)
Boundaries indicated as following the centreline of the railway lines or railway rights-of-way or
public utility lines or rights-of-way shall be construed to be midway between the main tracks or
the centre of the right-of-way, as the case may be;
(f)
If a street, or lane or Government Road Allowance shown on the Zoning Map is lawfully closed,
the land formerly comprising the street or lane shall be included within the zoning district of the
adjoining land provided that if the said street or lane was a zoning district boundary between two
or more different zoning districts, the new zoning district boundary shall be the former centreline
of the closed street or lane. Where a land owner acquires all of the closed street or lane adjacent
to his or her property, the designation that applies to his or her property shall apply to all that
portion of the acquired street or lane.
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
44
PART IV - RESIDENTIAL DISTRICTS
RESIDENTIAL DISTRICTS
INTENT AND PURPOSE
1.
The Residential Districts established in this By-law are intended to provide sufficient land for various
types of residential development in The Area in keeping with the provisions of the Development Plan.
ZONING DISTRICTS
2.
In order to carry out the intent and purpose of section 1 above, there are hereby established the following
zoning districts:
SINGLE-FAMILY DWELLING DISTRICT - UNSERVICED
2.
(1)
"RA" SUBURBAN DISTRICT
The "RA" Suburban District primarily provides for the development of low density Single-Family
dwellings on sites not serviced by the municipal piped sewerage system.
SINGLE-FAMILY AND MULTIPLE-FAMILY DWELLING DISTRICT - SERVICED
2.
(2)
"R" RESIDENTIAL DISTRICT
The "R" Residential District primarily provides for the development of low density single-family
dwellings to moderate density multiple-family dwellings containing up to eight (8) dwelling units
when serviced by the municipal piped sewerage system.
MULTIPLE-FAMILY DWELLING DISTRICT
2.
(3)
"RHD" HIGH DENSITY RESIDENTIAL DISTRICT
The "RHD" High Density Residential District primarily provides for the development of moderate
to high density multiple-family dwellings such as apartment buildings, garden apartments, town or
row housing serviced by the municipal piped sewerage system.
MOBILE HOME RESIDENTIAL DISTRICT
[ 2.
(4)
["RMH" MOBILE HOME RESIDENTIAL DISTRICT
The "RMH" Mobile Home Residential District primarily provides for the placement of mobile
homes on leased spaces, within a mobile home park, or on sites within a mobile home
subdivision. These areas are serviced by the municipal piped sewerage system.]
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
45
2.
[(4)
"RMH" MOBILE HOME RESIDENTIAL DISTRICT
The "RMH" Mobile Home Residential District primarily provides for the placement of mobile
or modular homes on leased spaces, within a mobile home park, or on sites within a mobile
home subdivision. These areas are serviced by the municipal sewer system and individual
wells.] (B/L 1/2011)
[MODULAR HOME RESIDENTIAL DISTRICT
2.
(4)
"RMD" MODULAR HOME RESIDENTIAL DISTRICT
The "RMD" MODULAR HOME RESIDENTIAL DISTRICT provides for the development of
modular homes served by the municipal piped sewerage system, as distinct from mobile home
districts and single-family dwelling districts.](B/L 6/2000)
GENERAL PROVISIONS
3.
The general provisions applying to all RESIDENTIAL DISTRICTS are contained within this PART. Also
applying to these zoning districts are the provisions of PART I - "DEFINITIONS", PART II -
"ADMINISTRATION", and "APPENDIX A".
INTERPRETATION OF REGULATIONS
4.
In their interpretation and application, the provisions of this PART shall be held to be the minimum
requirements to satisfy the intent and purpose as set forth in section 1 of this PART.
SCOPE OF REGULATIONS
5.
(1)
The provisions pertaining to this PART shall regulate:
(a) All structures erected hereafter;
(b) All uses of land and structures established hereafter;
(c) All structural alterations or relocations of existing structures occurring hereafter;
(d) All enlargements of, or additions to, existing structures or uses; and
(e) The change of use of land, buildings, or structures.
USE REGULATIONS
RESIDENTIAL USE TABLE
6.
(1)
TABLE IV - I "RESIDENTIAL USE TABLE", lists all uses that are:
(a) "P", Permitted,
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
46
(b) "C", Conditional, and
(c) "-", Not Permitted
in the Residential Districts. All listed uses are subject to the provisions contained herein.
GENERAL USE REGULATIONS
6.
(2)
No land shall be used or occupied and no structure shall be erected, altered, used or occupied
hereafter for any use in any RESIDENTIAL DISTRICT in which such land or structure is located
other than a use listed on TABLE IV - I, "RESIDENTIAL USE TABLE", with the following
exception:
(a)
Uses lawfully established prior to the effective date of this By-law.
CONDITIONAL USE
6.
(3)
Any use listed as a "CONDITIONAL USE" in TABLE IV - I, shall comply with the regulations
set forth in section 4, PART II, ADMINISTRATION.
ACCESSORY USES
6.
(4)
In the Residential Districts accessory uses, buildings, and structures shall be limited to the
following:
(i)
a children's playhouse, garden supply storage house, private greenhouse, private
conservatory and private swimming pool, open or enclosed;
(ii)
a private garage, carport, covered patio, toolhouse, shed or other similar building;
(iii)
incinerators subject to the approval of the authority having jurisdiction;
(iv)
accessory off-street parking areas as required and regulated in section 8 of this PART;
(v)
signs as permitted and regulated in section 8 of this PART;
(vi)
[private parabolic communication receiving antenna when located to the rear of the
rear wall of the principal building.] (B/L 1995)
(vi)
residential care facilities providing meals, residential services, care and supervision for
eight or fewer children who are under the care of a child caring agency as defined by the
Child Welfare Act or four or fewer adults who may be post mentally ill, mentally retarded
or otherwise developmentally delayed in all Residential Districts;
(vii)
home occupations;
(viii) Refuse and garbage area separate from required parking areas, buffers and open spaces
for multiple-family dwellings and other permitted or approved used where the owner or
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
47
occupants produce fifty-four (54) cubic feet or more of garbage or refuse per week. The
location and size of the area within the zoning site shall be subject to the approval of the
Council.
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
48
RESIDENTIAL USE TABLE IV-I
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONING DISTRICTS
USES:
"RA"
"R"
"RHD"
"RMH"
["RMD"]
(B/L
2000)
[Accessory Uses, Buildings, and Structures (see
Section 6 of this PART)
P
P
P
P
P [B/L
03-2007]
(B/L
4/2011)
[Bed and Breakfast
C
C
C
-
-] (B/L
4/2011)
Boarding and Rooming Houses
-
C
P
-
-
[Business and Professional Offices (such as law
firms, insurance agents, and dental offices)
-
C
C
-
-] (B/L
4/2011)
Child Care Services:
Drop-in Babysitting Service
-
C
P
P
-
Home Day Care
P
P
P
P
-
Group Day Care
-
C
P
-
-
Kindergartens and Nurseries
-
C
P
-
-
Churches, Church Hall
P
P
P
P
-
Fire Stations
P
P
P
P
-
Existing Uses legally established prior the adoption
of this By-law
P
P
P
P
-
Grocery Store, Convenience Store
C
C
C
-
-
Libraries
C
C
C
C
-
Parks, Playgrounds, Tot Lots
P
P
P
P
P
[ Personal Services Shops(such as hair salons and
barber shops)
-
C
C
-
-] (B/L
4/2011)
Modular Homes
-
-
-
-
P
Public Utilities, Services, (see PART II Section 14)
P
P
P
P
P
Planned Unit Developments (see Section 8(11) of
this PART)
-
C
C
-
-
Residences:
Single Family Dwellings
P
P
-
-
P ](B/L
03-2007)
[Two-Family Dwelling (B/L 2189)
-
P
P
-]
-
Three-Family Dwelling
-
P
C
-
-
Four-Family Dwelling
-
C
P
-
-
Multiple Family Dwellings (5 to 8 dwelling units)
-
C
P
-
-
Multiple Family Dwellings (9 and over dwelling
units)
-
-
P
-
-
Mobile Homes[ (CSA Z240 or equivalent)]
-
-
-
P
-
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
49
RESIDENTIAL USE TABLE IV-I
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONING DISTRICTS
USES:
"RA"
"R"
"RHD"
"RMH"
["RMD"]
(B/L
2000)
(B/L 1/2011)
Mobile Home Park
-
-
-
P
-
Modular Homes [(CSA A277 or equivalent)]
-
-
-
[P]
P](B/L
6/2000)
Residential Care Facilities including half-way type
homes, rehabilitation homes, hostels and group foster
homes providing meals, residential services, care and
supervision for more than eight children who are
under the care of a child caring agency as defined by
the Child Welfare Act or more than four adults who
may be post mentally ill, mentally retarded or
otherwise developmentally delayed
-
C
P
-
-
Senior Citizen Multiple dwelling homes:
Up to three dwelling units
-
P
C
-
-
From four to eight dwelling units
-
-
P
-
-
Nine and more dwelling units
-
-
P
-
-
Temporary Uses (See Section 7 of this PART and
Section 5 of PART II)
P
P
P
P
P
[Private
parabolic
communication
receiving
antennae when located to the front of the rear wall
of the principal building] (B/L 1995)
C
C
C
C
C]
(ix)
In the "RMH" Residential Mobile Home District, the accessory uses, buildings and
structures to serve a mobile home park or subdivision may also include:
(A) a storage compound;
(B) recreational facilities and appertaining structures;
(C) service building to house water pumps and other service facilities.
HOME OCCUPATIONS
6.
(5)
The provisions of this Section shall apply to all Residential Districts. Home occupations shall
conform with the following additional condition:
(a)
No more than three hundred (300) square feet of floor area shall be devoted to home
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
50
occupations in any dwelling unit or mobile home or building accessory thereto.
TEMPORARY BUILDINGS AND USES
7.
(1)
The provisions of this Section shall apply to all Residential Districts.
MAY BE PERMITTED
7.
(2)
Temporary buildings, structures and uses for construction materials or equipment, both incidental
and necessary to construction on the same zoning site may be permitted on a temporary basis
subject to the issuance of a development permit.
TERMS AND CONDITIONS
7.
(3)
A development permit for a temporary building, structure or use shall be subject to such terms and
conditions as required by Council or the Development Officer.
VALIDATION PERIOD
7.
(4)
Each development permit issued for a temporary building, structure or use shall be valid for a
period of not more than six (6) months and may not be renewed for more than two (2) successive
periods at the same location.
SIZE OF BUILDINGS
7.
(5)
In all cases, temporary buildings and structures shall not exceed one thousand (1000) square feet
in floor area and one (1) storey or fifteen (15) feet in height, and
(a)
May be used as an office space for the contractor or developer;
(b)
Shall not be used for human habitation, except as temporary accommodation for a
caretaker or watchman; and
(c)
Shall not be detrimental to the public health, safety, convenience and general welfare.
BULK REGULATIONS
INTENT AND PURPOSE
8.
(1)
(a)
The residential bulk regulations established herein are intended to ensure that the site area
and yards will be adequate to allow space for the dwelling units, car parking, health and
fire protection and recreational area, as well as to provide for convenient access for
vehicles and pedestrians, sufficient space for natural light and air to penetrate all
windows, and to provide setbacks from site boundaries to afford space for maintenance
and privacy.
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
51
(b)
The Residential bulk regulations shall be as set forth in TABLE IV - II, RESIDENTIAL
BULK TABLE.
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
52
RESIDENTIAL BULK TABLE IV-II
PERMITTED
OR
CONDITIONAL
USES
ZONING
DISTRICTS
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq.ft.)
Site
Width
(ft.)
Front
Yard
(ft.) g
Side Yard (ft.) g
Rear
Yard (ft.)g
Height
(ft.)
Site
Coverage
(%)
interior
corner
corner
on street
side
lane
No lane
Accessory
Uses, Buildings
and Structures
RA
30
5f
15
5f
5
20
10
R
30
5f
12e
5f
5
15
10
RHD
20
5f
15
5f
5
15
20
RMH
20
5f
5e,f
5f
5
15
10
Boarding and
Rooming
Houses
R
5500
50
30
5c
12e
25
25
40
40
RHD
5500
50
20
5c
12e
25
25
45
40
Churches and
Church Halls
RHD
20000
100
30
12
15
10
10
30
60
Existing
Commercial
Development
RHD
10000
100
15
15
15
10
10
30
40
Fire Stations
RA
R
RHD
RMH
15000a
10000
10000
10000
100
100
100
100
30
30
20
20
15
15c
15c
15
25
15
15
15
25
25
25
10
25
25
25
10
35
30
40
30
40
35
35
40
Group Day Care
R
RHD
10000
100
30
15
15
25
25
30
30
Kindergartens
and Nurseries
R
RHD
10000
100
30
15
15
25
25
30
30
Libraries
RA
R
RHD
RMH
10000
100
30
30
20
20
15
15
15
25
30
35
Public Utilities,
Services (see
PART II Section
13)
RA
R
RHD
RMH
5000
50
30
30
20
20
15
15
15
15
20
25
15
15
10
10
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
53
RESIDENTIAL BULK TABLE IV-II
PERMITTED
OR
CONDITIONAL
USES
ZONING
DISTRICTS
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq.ft.)
Site
Width
(ft.)
Front
Yard
(ft.) g
Side Yard (ft.) g
Rear
Yard (ft.)g
Height
(ft.)
Site
Coverage
(%)
interior
corner
corner
on street
side
lane
No lane
Parks,
Playgrounds,
Tot-Lots,
Recreation
Areas
RA
R
RHD
RMH
21780
100
75
0
15
10
10
30
40
Residences:
Single-Family
Dwellings
RA
R
RMD
[B/L
03/2007]
15000a
5000
100
50
30
30
15
5b
25
12e
25
25
30
35
Two-Family
Dwellings
R
6600
55
30
5b
12e
25
25
30
44
Three-Family
Dwellings
R
RHD
9000
9000
70
70
30
20
15c
15c
15
15
25
25
25
25
40
40
30
35
Four-Family
Dwellings
R
RHD
10000
10000
70
70
30
20
15c
15c
15
15
25
25
25
25
40
40
35
40
Multiple-
Family
Dwellings
R
RHD
10000h
10000h
70
70
30
20
15c
15c
15
15
25
25
25
25
40
40
37
38
Mobile Home
Dwellings
RMH
5000
per site
50
20
5d
15
10
10
25
55
4000
per site
40
20
5d
15
10
10
25
50
[Modular
Homes]
(B/L 1/ 2011)
RMH
[5000 per
site
50
20
5d
15
10
10
25
55]
[4000 per
site
40
20
5d
15
10
10
25
50]
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
54
RESIDENTIAL BULK TABLE IV-II
PERMITTED
OR
CONDITIONAL
USES
ZONING
DISTRICTS
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq.ft.)
Site
Width
(ft.)
Front
Yard
(ft.) g
Side Yard (ft.) g
Rear
Yard (ft.)g
Height
(ft.)
Site
Coverage
(%)
interior
corner
corner
on street
side
lane
No lane
RMD
5,000
50
[20
5b
15
10
10
25
55]
(B/L
1/20
11)
Residential
Care Facilities
R
RHD
10000h
70
20
15c
15
25
25
40
38
Senior Citizen
Multiple
Dwelling
Homes
R
RHD
10000h
70
20
15c
15
25
25
40
38
Other Permitted
or Conditional
Uses
RA
R
RHD
10000
10000
100
100
30
30
20
15
15
15
15
15
15
]B/L
1995
)
10
10
10
10
10
10
30
30
40
45
[Private
parabolic com-
munication re-
ceiving
antennae
when located to
the rear wall of
the principal
building](B/L
1995)
15
4
10
[20
(B/L
1995
)
20]
Explanations and Exceptions to the Bulk Requirements of Table IV-II are as follows:
(a)
Or as required by the Health Inspector, whichever is greater.
(b)
(i)
Five (5) feet with a lane at the rear of the site.
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
55
(ii)
Six (6) feet for a dwelling having more than one storey with a lane at the rear of the site.
(iii)
Without a lane at the rear of the site one required side yard shall be a minimum of twelve
(12) feet except where an attached garage or carport is provided at the side of the main
building; in which case both the required side yards shall five (5) feet or six (6) feet for a
building having more than one storey.
(c)
(i)
Or one-half of the height of the building whichever is greater.
(ii)
Minimum distance between adjacent main buildings on the same site shall be the average
height of the adjacent buildings.
(d)
(i)
On that side of the mobile home containing the main entrance and/or window to the living
room, the required side yard minimum shall be twenty (20) feet.
(ii)
Subject to (i) above, where there is no lane to the rear of the mobile home site or space,
one required side yard minimum shall be fifteen (15) feet.
(e)
The required side yard on the street of a reverse corner site shall be twenty (20) feet.
(f)
(i)
When located to the rear of the main building in which case the minimum required side
yard may be five (5) feet unless the site is a corner or reverse corner site in which case the
minimum required side yard on the street side shall be the same as the main building.
(ii)
Where a private garage has its vehicle entrance doors facing a lane, the garage must have
a required rear yard of ten (10) feet.
(g)
Buildings, structures and hedges adjacent to Provincial Trunk Highway No. 5 and also its
intersection with Provincial Road 351 shall have a setback in accordance with the regulations of
the Highway Protection Act or as varied by the Highway Traffic Board.
(h)
First four (4) dwelling units require ten thousand (10,000) square feet plus one thousand (1,000)
square feet for each additional dwelling unit.
RETENTION OF BULK REGULATIONS
8.
(2)
It shall be a continuing obligation of the owner to maintain the minimum site area, required yards
and other open spaces required herein for any use as long as it remains in existence. Furthermore,
the minimum site area, required yards and other open spaces allocated to a use as per requirements
of this by-law shall not by virtue of change of ownership, or for any other reason, be used to
satisfy the required yard, other open space, or minimum site area requirements for any other use
on another site.
NUMBER OF BUILDINGS PERMITTED PER SITE
8.
(3)
(a)
Not more than one (1) of the following uses and their accessory buildings shall be
permitted on one (1) zoning site:
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
56
single-family dwelling
two-family dwelling
(b)
For all other permitted uses in the "R" districts, not more than one (1) principal building
and its accessory buildings shall be permitted on a zoning site except in the cases of
Planned Unit Developments and Mobile Home Parks.
SUBDIVIDING LAND
8.
(4)
No parcel of land shall hereafter be divided into sites, unless each site conforms with the
regulations set forth in the BULK TABLE of this PART.
SITE SIZE REQUIREMENTS
8.
(5)
The site size requirements shall be as set forth in TABLE IV-II, except as provided in Section 11,
PART II, "ADMINISTRATION".
DWELLING UNIT - MINIMUM SIZE
8.
(6)
(a)
The minimum floor area of a single-family, two-family dwelling or mobile home shall be
six hundred (600) square feet for each dwelling unit.
(b)
The minimum floor area of a three-family, four-family or multiple-family dwelling shall
be four hundred (400) square feet for each dwelling unit.
PARKING
8.
(7)
(a)
There shall be one (1) parking space per dwelling unit, mobile home or boarder, located
on the same zoning site, or mobile home space, but not within the required front yard
except in the case of mobile home, single, two-family, three-family or four-family
dwelling where parking spaces are permitted in driveways located in the required front
yard.
(b)
For multiple-family dwellings containing five (5) or more dwelling units there shall be
one decimal five (1.5) parking spaces per each dwelling unit.
(c)
For other permitted uses within the Residential Districts there shall be an adequate
number of parking spaces, as determined by Council, provided for employees, visitors
and customers.
(d)
For churches and church halls, there shall be one (1) parking space for each fifteen (15)
seats in the church.
SIGNS
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
57
SIGN REGULATIONS
8.
(8)
The regulations of this section are intended and designed to establish a minimum control of signs.
Such control is deemed essential to promote the health, safety, and general welfare by reducing
hazards to pedestrian and vehicular traffic, and by preventing unsightly and detrimental
development having a blighting influence upon residential uses.
The following shall apply in all districts in this PART except wherein otherwise stated:
(a)
In the case of a residential dwelling, there shall be not more than one (1) illuminated or
non-illuminated identification sign for each dwelling unit and each sign shall not exceed
two (2) square feet in sign surface area.
(b)
In addition, in the "RHD" High Density Residential District there shall be not more than
one (1) illuminated or non-illuminated identification sign not exceeding twelve (12)
square feet in sign surface area for each multiple-family dwelling, building, boarding
house, rooming house, Senior Citizen's housing development.
(c)
In the case of any other permitted uses, there shall not be more than one (1) illuminated or
non-illuminated identification sign or bulletin board sign, not exceeding eighteen (18)
square feet in sign surface area.
(d)
Advertising Signs are not permitted in the Residential Districts.
(e)
No sign shall be closer than five (5) feet to a site line.
(f)
No sign or sign structure shall be erected at any location where it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign, signal or device.
(g)
No sign or sign structure shall be located in such a manner as to materially impede the
view of any street or highway intersection, or in such a manner as to materially impede
the view of the intersection of a street or highway with a railroad grade crossing.
(h)
No rotating beam or beam shall be used in connection with any sign display; nor shall any
flashing illumination resembling an emergency light be used for such purpose.
(i)
No flashing sign shall be permitted in or within three hundred (300) feet of any residential
district or Provincial Roads and Provincial Trunk Highways.
(j)
All signs and sign structures shall be kept in repair and in proper state of preservation.
Signs which have become obsolete because of discontinuance of the business service or
activity, and have not been removed or relocated within thirty (30) days following such
condition, may be removed by the Town at the owner's expense.
(k)
Where a sign has two or more faces, the area of all faces shall be included in determining
the sign surface area of the sign, except that where two such faces are placed back to back
and are at no point more than two (2) feet from one another.
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
58
(l)
It shall be unlawful to erect or maintain any sign on, over or above any land or right-of-
way belonging to the Town unless such right is established by agreement with the Town,
and all signs shall adhere to all the setback requirements of the district in which they are
located.
(m)
The placing of advertising, business or identification signs within the control lines and
circles of a Provincial Road or Provincial Trunk Highway shall require a permit from the
appropriate authority.
(n)
No advertising sign or other type of display sign shall be constructed in any district
without the approval of the Council, except as otherwise stated herein.
(o)
The following signs shall not be subject to the provisions of this PART, except wherein
otherwise stated:
(i)
signs posted by duly constituted public authorities in the performance of their
public duties.
(ii)
Flags or emblems of a political, civic, educational or religious organization.
(iii)
Temporary signs as may be authorized by Council for not more than two months
at a time by written permit which shall show the size, shape, content, height, type
of construction and location of such signs.
(iv)
"No Trespassing" signs not exceeding three (3) square feet.
(v)
Construction signs when placed on construction sites and not exceeding twenty-
five (25) square feet.
(vi)
Signs required for direction and convenience of the public including signs which
identify rest rooms or parking entrance or exit, not exceeding five (5) square feet
in area.
(vii)
Real estate signs not exceeding ten (10) square feet which advertise the sale,
rental or lease of a building, structure, site, or part thereof.
PLANS REQUIRED FOR DEVELOPMENT APPLICATION
8.
(9)
A development application for a multiple-family dwelling of 5 or more dwelling units in the "R"
or "RHD" Residential Districts, in addition to complying with Section 9 of PART II
ADMINISTRATION, shall be accompanied by plans drawn to scale showing the following:
(a)
The exact shape and dimensions of the zoning site to be built upon, verified by a
surveyor's certificate, prepared by a Manitoba Land Surveyor, indicating any existing
structures, and where there is an existing structure on the adjoining site, the location of
the nearest wall of said structure;
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
59
(b)
A site plan indicating the proposed building or buildings to be erected or altered;
(c)
The intended use of each building or part thereof, the number of storeys and gross floor
area;
(d)
The location of entrance and loading points to existing and proposed structures;
(e)
The location of all curb cuts, driveways, parking areas, and loading spaces, and the
method of illumination;
(f)
The location and type of landscaping, walls, fences, and screening;
(g)
Typical floor plans and elevations of proposed buildings and structures;
(h)
The number of dwelling units that a building is designed to accommodate.
(i)
The location of all outside facilities for waste disposal, and the location of fire hydrants;
(j)
All pedestrian walks, malls and open areas for use by tenants or the public;
(k)
The location, size, height and orientation of all signs on building faces; and
(l)
The type of ground surfacing to be used at various locations.
COMMERCIAL DEVELOPMENTS IN THE "RHD" HIGH DENSITY RESIDENTIAL DISTRICT
8.
(10)
The commercial developments in the "RHD" High Density Residential District in existence at the
time of the adoption of the Development Plan shall be considered permitted uses and shall be
consistent with the Bulk Requirements of the "CC" Downtown Commercial District.
[Business and Professional Offices (such as law firms, insurance agents, and dental offices), and
Personal Service Shots (such as hair salons and barber shops) shall be approved as conditional
uses in the "R" Residential District and "RHD" High Density Residential District only if the
subject lands are designated as Mixed Use Area by the Cypress Planning District Development
Plan By-law (See Map 3] (B/L 4/2011)
[PLANNED UNIT DEVELOPMENT
8.
(11)]
(Repealed B/L 2189)
[BARE LAND CONDOMINIUM UNITS
8.
(11)
Bare land condominium developments shall be considered as a permitted use in the "RHD" High
Density Residential District, subject to the following provisions:
(a)
The required yards for the entire condominium development site shall be the same as the
required yards for development in the "RHD" High Density Residential District;
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
60
(b)
The boundary of each bare land condominium unit which abuts the private access
roadway shall be deemed to be a front site line, the dwelling shall be set back a minimum
distance of twenty (20) feet from the front site line, and this space shall be deemed to be a
required front yard;
(c)
The boundary of each bare land condominium unit which is generally opposite to and
most nearly parallel with the front site line described above shall be deemed to be a rear
site line, the dwelling shall be set back a minimum distance of twenty (20) feet from the
rear site line, and this space shall be deemed to be a required rear yard;
(d)
Other boundaries are deemed to be side site lines, and where two dwellings are
connected by a party wall or other major structural element, the set back requirement
shall be zero (0) feet along the common boundary; otherwise, the dwelling shall be set
back a distance of five (5) feet from the side site line.
(e)
Accessory buildings, structures and uses shall be permitted and governed by the other
provisions of this PART, and the bare land condominium unit boundaries shall be deemed
to be site lines for the purposes of establishing required yards for accessory buildings
and structures.] (B/L 2189)
AREA AND YARD REQUIREMENTS
8.
(12)
Except as herein provided, the following special provisions shall apply in all "R" Residential
districts to ensure adequate site and yard requirements:
(a)
For the purpose of required side yard regulations, a semi-detached two-family dwelling, a
row-house or a multiple-family dwelling with common party walls shall be considered as
one (1) building occupying one (1) site.
(b)
(i)
A semi-detached two-family dwelling, a side-by-side or duplex may be
subdivided into two attached single-family dwellings, through the common party
wall.
(ii)
Unless otherwise approved, the lots so created by subdividing the side-by-side or
duplex, may only be used for the purpose of single-family dwellings.
(iii)
The site area resulting from this type of subdivision shall be a minimum of thirty-
three hundred (3300) square feet, and the minimum site width shall be twenty-
seven and one half (27.5) feet.
(c)
Where a site is occupied for a use permitted in a district and has no buildings or structures
thereon, the required yards for the district within which it is located shall be provided and
maintained.
(d)
No building or structure shall be permitted on a corner site when such building or
structure is to be oriented in such a manner as to reduce the required front yard on the
street on which such corner site has its frontage at the time this Zoning By-law becomes
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
61
effective.
(e)
The required yards shall be as set forth in the BULK TABLES of this PART.
(f)
Yards provided for a building or structure, existing on the effective date of this Zoning
By-law or amendments thereto, shall not be reduced, or further reduced, if already less
than the minimum required yards of this PART.
(g)
All required yards and other open space required for any use shall be located on the same
site as the use.
FRONT YARD EXCEPTIONS
8.
(13)
Where sites comprising forty (40) percent or more of the entire frontage of the block (excluding
reversed corner sites) are developed with buildings, the average front yard depths established by
such buildings shall establish the minimum required front yard depths for the entire frontage of
the block provided such average is less than the minimum required front yard in the District in
which the site is located.
PROJECTIONS INTO REQUIRED YARDS
8.
(14)
Required yards shall be provided and maintained in accordance with the provisions of Section 8.
(12) and shall be unobstructed from ground level to the sky, except as set forth in the BULK
TABLES of this PART and as follows:
(a)
Eaves may project into any required front, side or rear yard, a distance of not more than
three (3) feet, provided that in no case shall an eave project within three (3) feet of a side
site line. Chimneys may project into a required front, side or rear yard not more than
three (3) feet, provided the width of such side yard is not reduced to less than three (3)
feet.
(b)
Fire escapes may extend or project into any required front, side or rear yard not more than
four (4) feet.
(c)
Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or
project into a required rear yard not more than five (5) feet and such balconies may
extend into a required front yard not more than thirty (30) inches.
(d)
Open, unenclosed porches, platforms, not covered by a roof or canopy, which do not
extend above the level of the first storey of the building, may extend or project into any
required side or rear yard not more than twelve (12) feet provided the width of a required
side yard is not reduced to less than three (3) feet and may extend or project into any
required front yard not more than ten (10) feet.
(e)
Except as provided for in the Bulk Regulations of the Residential Districts, open-work
ornamental fences, uncovered walks, arbors, trellises, lighting fixtures, landscape
architectural features or guard railing, for safety protection around depressed ramps, may
be located in any required front yard if maintained at a height of not more than three and
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
62
one-half (3-1/2) feet above the average ground level adjacent thereto. An open-work type
railing not more than three and one-half (3-1/2) feet in height may be installed or
constructed on any balcony, stairway, porch, platform or landing place mentioned above
in subsection (c), (d).
(f)
Except as provided for in the Bulk Regulation of the Residential Districts, fences, hedges
and lamp posts shall not exceed a height of six (6) feet above finished grade except in the
case of fences required under various Government Department Regulations. A fence or
hedge shall be permitted in any required front yard in which case the height shall not
exceed three and one-half (3-1/2) feet.
(g)
Landscape features, such as trees, shrubs, flowers or plants, shall be permitted in any
required front, side or rear yard provided they do not produce a hedge effect contrary to
the provisions of subsection (f) above.
(h)
Name plates, signs, as permitted and regulated in this PART, or signs for lease or rental of
the premises on which they are located as permitted in this PART, shall be allowed in any
required front, side, or rear yard.
(i)
Open work ornamental fences, hedges, landscape architectural features or guard rails
however, shall not be located and maintained so as to preclude complete access at all
times about a main building. Gates or other suitable openings at least two and one-half
(2-1/2) feet in width shall be deemed adequate for such access.
HEIGHT EXCEPTIONS
8.
(15)
The provisions of this PART shall not apply to limit the height of any ornamental dome, chimney,
tower, electrical or telephone transmission line, television or radio mast, steeple, water storage
tank, electrical apparatus or the mechanical operation of the building provided that no roof
structure or any space above the height limit shall be permitted for the purpose of providing usable
floor space.
ACCESSORY BUILDINGS, STRUCTURES AND USES PERMITTED
8.
(16)
Accessory buildings, except as otherwise regulated in the By-law, shall be subject to the following
regulations:
(a)
Where the accessory building is attached to a main building, it shall be subject to, and
shall conform to, all regulations of this By-law applicable to the main building.
(b)
Detached accessory buildings shall not be located in any required yard, except a required
rear yard or as provided for elsewhere herein.
[
(c)
All detached accessory buildings shall be located a minimum of ten (10) feet from the
main building. For the purpose of this By-law the ten (10) foot separation requirement
shall be considered a required yard extending from the nearest side of the detached
accessory building to the nearest wall of the main building.] (B/L 2047)
[
(d)
Private parabolic communication receiving antennae when considered as an accessory
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
63
use shall have the required yards for accessory structures or as varied.] (B/L 1995)
(e)
In no instance shall an accessory building be located within a dedicated easement right-
of-way.
(f)
No accessory building shall be erected prior to erection of the main building except where
it is necessary for the storage of the tools and materials for use during construction of the
main building.
(g)
Where a through site has a depth of less than two hundred (200) feet, an accessory
building not exceeding one (1) storey nor fourteen (14) feet in height may be located in
one of the required front yards, if such building is set back from the nearest street line a
distance of not less than ten (10) percent of the depth of the site and at least five (5) feet
from any side site line. In no case shall any accessory building project beyond the front
yard line of an existing main building along the site width, but the accessory building
need not be located more than thirty (30) feet from the street line.
THROUGH SITE - MAY BE TWO SITES
8.
(17)
A through site having a depth of two hundred (200) feet or more may be assumed to be two sites
with the rear line of each approximately equidistant from the front site lines, provided all area and
yard requirements are complied with.
NOXIOUS OR OFFENSIVE USES
8.
(18)
Notwithstanding anything herein contained, no use shall be permitted in any residential district
under this PART which may be noxious or offensive by reason of the emission or production of
odor, dust, refuse matter, wastes, vapour, smoke, gas, vibration or noise.
ONLY ONE MAIN BUILDING OR USE ON A SITE
8.
(19)
There shall be only one main building or one main use on a site except wherein otherwise stated.
MULTIPLE USES
8.
(20)
Where any land or building is used for more than one purpose, all provisions of this By-law
relating to each use shall be satisfied. Where there is conflict such as in the case of the site area
and site frontage, the higher or more stringent requirement shall prevail.
BUILDING REMOVAL
8.
(21)
Upon completion of removal or demolition of a building from a zoning site, the old foundation
shall be removed, any excavation shall be filled, the ground shall be levelled and the site shall be
put in a safe and sanitary condition to the satisfaction of the Development Officer.
BUILDING GRADE
8.
(22)
All new principal buildings shall have a ground surface elevation as approved by the Development
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
64
Officer.
DWELLING UNIT LOCATION WITH RESPECT TO SANITATION FACILITIES
8.
(23)
Residential dwelling units shall not be located within one thousand three hundred and twenty
(1320) feet of a waste disposal ground or Fifteen Hundred (1500) feet of a sewage lagoon or as
recommended by the local Health Inspector.
[GENERAL REQUIREMENTS FOR CONDITIONAL USE PRIVATE PARABOLIC COMMUNICATION
RECEIVING ANTENNAE
8.
(24)
(i)
A private parabolic communication receiving antennae shall not be located to the front of
the rear wall of a principal building unless it can be satisfactorily demonstrated to
Council that the signal cannot be received elsewhere on the site.
(ii)
When locating a private parabolic communication receiving antennae to the front of the
rear wall of a principal building in all yards it shall be positioned where, in Council's
opinion, it will least affect the occupier of the adjacent sites.] (B/L 1995)
"RMH" BULK REGULATIONS (IN ADDITION TO THE PRECEDING BULK REQUIREMENTS)
9.
(1)
The following additional requirements shall apply to mobile homes and accessory buildings and
structures in an area designated "RMH" Residential Mobile Home District.
MOBILE HOME PARK REGULATION
9.
(2)
A mobile home park shall contain a minimum of ten (10) mobile home spaces and shall have a
minimum site width of two hundred (200) feet.
BUFFER AREA
9.
(3)
A buffer area at least twenty (20) feet in width shall be provided within and adjacent to the
perimeter of the mobile home park property.
DEVELOPMENT OF THE BUFFER AREA
9.
(4)
(a)
The buffer area provided in subsection (3) above shall be developed as an area suitably
landscaped with trees, shrubs, grass and similar horticultural features as shown on the site
plans submitted pursuant to subsection (13) of this section.
(b)
The buffer area may be crossed by an access right-of-way a minimum of fifty (50) feet in
width containing a concrete, gravel, or asphalt driveway from a street to the internal
roadway system.
(c)
The buffer area shall contain no use other than permitted by paragraphs (a) and (b) above.
LOCATION OF STORAGE COMPOUND
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
65
9.
(5)
A storage compound shall not be located within the buffer area provided in subsection (3) and the
compound shall be located as shown on the site plans submitted pursuant to subsection (13) of this
section.
MOBILE HOME PARK OR SUBDIVISION INTERNAL ROADWAY SYSTEM
9.
(6)
Internal roadways within a mobile home park shall be as follows:
(a)
The internal roadway system shall have a right-of-way a minimum of fifty (50) feet in
width.
(b)
The internal roadway system shall have a concrete or asphalt or gravel driveway a
minimum of twenty-five (25) feet in width.
NUMBER OF MOBILE HOMES
9.
(7)
There shall not be more than one mobile home per mobile home space or site.
DISTANCE FROM STORAGE COMPOUND, COMMON PARKING, SERVICE BUILDING
9.
(8)
A mobile home shall be a minimum distance of twelve (12) feet away from a storage compound or
a common parking area and twenty (20) feet from a service building in a mobile home park or
subdivision.
REQUIRED SERVICES FOR SPACE OR SITE
9.
(9)
A mobile home space or site shall be provided with the following:
(a)
A sewer connection;
(b)
An approved potable water supply system that is satisfactory to Council;
(c)
An electrical service outlet; and
(d)
An adequate base support for the mobile home.
REQUIRED SERVICES FOR MOBILE HOME PARK
9.
(10)
A mobile home park shall be provided with:
(a)
An adequate street lighting system, satisfactory to Council.
(b)
Any other services that Council considers necessary for the public health.
LOCATION OF ACCESSORY BUILDINGS
9.
(11)
Notwithstanding anything herein, no detached accessory building shall be located nearer a mobile
home, including a mobile home on an adjoining space or site, than a distance of six (6) feet clear
of all projections. Detached accessory buildings shall be located only in the required rear yard.
ACCESSORY STRUCTURES AND BUILDINGS
Town of Carberry Zoning By-law
RESIDENTIAL DISTRICTS
66
9.
(12)
All structures and buildings such as porches, additions, carports, private garages, skirting and
storage facilities shall be painted or pre-finished and maintained so that the design, construction
and maintenance, in the opinion of the Council, will compliment the main structure.
SITE PLANS - REQUIREMENTS
9.
(13)
Plans submitted to Council for approval of a mobile home park shall be drawn to scale and fully
dimensioned indicating landscaping, access roads, mobile home spaces, buffers, storage
compounds, common recreational area, retention of surface run-off and parking; and shall include
such other information as may be necessary to determine conformance with this By-law.
MOBILE HOME STANDARDS
9.
(14)
All mobile homes must meet all structural standards as determined by The Buildings and Mobile
Homes Act, Chapter B93, S.M. 1977.
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
67
PART V - COMMERCIAL DISTRICTS
COMMERCIAL DISTRICTS
INTENT AND PURPOSE
1.
The Commercial Districts established in this By-law are intended to provide sufficient land in suitable
locations to meet the needs of commercial development throughout The Area in keeping with the
provisions of the Development Plan.
ZONING DISTRICTS
2.
In order to carry out the intent and purpose of section 1 above, there are hereby established the following
zoning districts:
DOWNTOWN COMMERCIAL DISTRICT
2.
(1)
"CC" DOWNTOWN COMMERCIAL DISTRICT
This zoning district primarily provides for appropriate land in The Area's central business area for the
development of intensive retail, business, service and administrative uses.
URBAN HIGHWAY COMMERCIAL DISTRICT
2.
(2)
"CH" URBAN HIGHWAY COMMERCIAL DISTRICT
This zoning district primarily provides for appropriate land for those businesses requiring large sites,
serving the motoring public and requiring direct access to a highway.
2.
[(3)
"MU" MIXED USE DISTRICT
The "MU" MIXED USE DISTRICT provides for residential and commercial uses that are compatible
within the same district in order to provide for the transition between residential and commercial
development, including those areas predominantly developed for residential use.] (B/L 4/2011)
GENERAL PROVISIONS
3.
The general provisions applying to all commercial districts are contained within this PART. Also
applying to these zoning districts are the provisions of PART I - "DEFINITIONS", PART II -
"ADMINISTRATION", and "APPENDIX A".
INTERPRETATION OF REGULATIONS
4. In their interpretation and application, the provisions of this PART shall be held to be the minimum
requirements to satisfy the intent and purpose as set forth in section 1 above.
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
68
SCOPE OF REGULATIONS
5.
(1)
The provisions pertaining to this PART shall regulate:
(a)
All structures erected hereafter;
(b)
All uses of land and structures established hereafter;
(c)
All structural alterations or relocations of existing structures occurring hereafter;
(d)
All enlargements of, or additions to existing structures, or uses; and
(e)
The changes of use of land, buildings or structures.
USE REGULATIONS
COMMERCIAL USE TABLE
6.
(1)
TABLE V - I, "COMMERCIAL USE TABLE", lists all uses that are:
(a)
"P", Permitted,
(b)
"C", Conditional, and
(c)
"-", Not Permitted.
in the Commercial Districts. All listed uses are subject to the provisions contained herein.
GENERAL USE REGULATIONS
6.
(2)
No land shall be used or occupied and no structure shall be erected, altered, used or occupied
hereinafter for any use in any COMMERCIAL DISTRICT in which such land or structure is
located other than a use listed on TABLE V - I, "COMMERCIAL USE TABLE", with the
following exception:
(a)
Uses lawfully established prior to the effective date of this By-law.
CONDITIONAL USE
6.
(3)
Any use listed as a "CONDITIONAL USE" in TABLE V - I shall comply with the provisions as
set forth in section 4, PART II - "ADMINISTRATION".
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
69
COMMERCIAL USE TABLE V-I
LEGEND: P - PERMITTED
C - CONDITIONAL
- - USE NOT PERMITTED
ZONING DISTRICTS
USES:
"CC"
"CH"
["MU"]
Accessory Uses, Buildings and Structures (see Section 6 of this PART)
P
P
P
Agricultural Implement Sales and Service
C
P
-
Amusement enterprises, including a bowling alley, dance hall theater and the like, if
conducted wholly within a completely enclosed building
P
-
-
Animal Feed - Sales and Storage
-
P
-
*Arenas
P
P
-
*Auditoriums or Halls
P
P
-
Automobile Body Shop
C
P
-
Automobile or Trailer Sales Areas
P
P
-
*Automobile Service Stations and Automobile Trades
P
P
-
Automobile Laundry
P
P
-
Bakeries
P
-
-
Banks
P
-
-
[Bed And Breakfast]
-
-
C
Beverage Room, in conjunction with another permitted use
P
P
-
[Business and Professional Offices (such as law firms, insurance agents, and dental offices)]
P
P
P
Business College or Private Schools operated as a commercial enterprise
P
-
-
Bulk Propane Sales and Service
-
P
-
Bus Terminal
P
P
-
Book or Stationery Stores
P
-
P
Café, Coffee Shop
P
-
P
Café, Coffee Shop in conjunction with another use
P
P
P
Carpenter Shops or Cabinet Shops if conducted wholly within a completely enclosed building,
but excluding wholesale manufacture
P
-
-
Catering Establishments
P
-
-
Child Care Facilities:
Drop-in Babysitting Service
P
-
P
Home Day Care
P
-
P
Churches and Church Halls
P
-
P
Clinics
P
-
-
Confectionery Stores
P
-
-
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
70
COMMERCIAL USE TABLE V-I
LEGEND: P - PERMITTED
C - CONDITIONAL
- - USE NOT PERMITTED
ZONING DISTRICTS
USES:
"CC"
"CH"
["MU"]
*Dairies or Creameries
C
P
-
Department or Furniture Stores
P
-
-
*Drive-In Establishments where persons are served in automobiles, such as refreshment
stands, restaurants, food stores, and the like, but not including drive-in theatres
P
P
-
Dry Cleaning, Laundry or Pressing Establishments
P
-
-
Dressmaking or millinery Shops
P
-
-
*Drive-In Theatres
-
P
-
Drug Stores
P
-
-
Dry Goods or Notion Stores
P
-
-
Existing Uses legally established prior to the adoption of this By-law
P
P
P
Fertilizer (non-hazardous Solid and Liquid only), Bulk Fuel Sales and Storage
-
P
-
Florists, Gift Shops
P
-
P
Frozen Food Lockers used exclusively for service to customers
P
-
-
Funeral Parlors
P
-
-
Gift Shops, in conjunction with some other permitted use
P
P
P
Grocery Stores
P
-
C
Hardware or Electrical Appliance Stores
P
-
-
Hotel
P
-
-
Interior Decorating Stores
P
-
-
Janitor Service
P
-
-
Jewellery Stores
P
-
-
Lumber Yards and Building Supplies, when contained within an enclosed structure or fenced
and in conjunction with which there is a retail sales building
C
P
-
Mail Order Store
P
-
-
Meat Market or Delicatessen Stores
P
-
-
Miniature Golf Course
-
P
-
*Motels
P
P
-
Music Conservatories or Music Instruction
P
-
-
News Stands
P
-
P
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
71
COMMERCIAL USE TABLE V-I
LEGEND: P - PERMITTED
C - CONDITIONAL
- - USE NOT PERMITTED
ZONING DISTRICTS
USES:
"CC"
"CH"
["MU"]
Non-profit Clubs and Lodges
P
-
-
Offices, Business and Professional
P
-
-
Pawn Shops
P
-
-
Personal Service Shops [such as hair salons and barber shops] (B/L 4/2011)
P
-
P
Photographers
P
-
P
Printing, Photostating or Blueprinting Shops
P
-
-
Public Parking Area
P
P
P
Public Utilities and Services (see PART II Section 14)
P
P
P
Radio and Television Shops
P
-
-
*Restaurants
P
C
-
Residences:
Dwelling units within the second storey or within the rear one-half of the first storey of a
Commercial building
P
-
P
Dwelling units within the front one-half of the first storey of a Commercial Building
C
-
P
Single-Family Dwellings
C
-
P
Two-Family Dwellings
C
-
P
Three-Family Dwellings
C
-
C
Four-Family Dwellings
C
-
C
Multiple-Family Dwellings (5 or more dwelling units)
C
-
C
Boarding Houses
C
-
C
Shoe Stores or Shoe Repair
P
-
C
Sales Buildings
P
P
-
Second-hand stores, if conducted wholly within a completely enclosed building
P
-
-
Service Clubs
P
-
-
*Service Shops
C
P
-
Signs (see Section 8(9) of this PART)
P
P
P
Signs, Advertising (See Section 8(9) of this PART)
C
C
C
Storage buildings in conjunction with retail stores, business offices, or other
permitted use
P
P
-
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
72
COMMERCIAL USE TABLE V-I
LEGEND: P - PERMITTED
C - CONDITIONAL
- - USE NOT PERMITTED
ZONING
DISTRICTS
USES:
"CC"
"CH"
["MU"]
Studios
P
-
-
Tailor Shops
P
-
-
Temporary Uses (see Section 7 of this PART and Section 5 of PART II
P
P
P
Tire Shops operated wholly within a building
P
P
-
Trade Schools, if conducted completely within an enclosed building
P
-
-
Travel Trailer Parks
-
P
-
Truck Terminals
-
P
-
Upholstering Shops, if conducted completely within an enclosed building
P
-
-
*Veterinary Offices
-
P
-
(B/L 4/2011)
*In the "CH" Highway Commercial District this use shall be connected to the municipal piped sewerage system or
an approved holding tank.
ACCESSORY USES
6.
(4)
In the Commercial Districts accessory uses, buildings and structures shall be limited to the
following:
(a)
a children's playhouse, garden supply storage house, private greenhouse;
(b)
a private garage, carport, covered patio, toolhouse, shed, or other similar building;
(c)
incinerators subject to the approval of the authority having jurisdiction and which shall be
incidental to the permitted use;
(d)
the production, processing, cleaning, servicing, altering, testing, repair or storage of
merchandise normally incidental to a business and personal service and mercantile
occupancies if conducted by the same ownership as the principal use;
(e)
accessory off-street parking area and loading space as permitted and regulated in section
8. (7) and 8. (8) of this PART;
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
73
(f)
Home occupations;
(g)
signs as permitted and regulated in section 8. (9) of this PART;
(g) In the "CH" Urban Highway Commercial District, a single-family dwelling unit or mobile home for the
caretaker or owner whose presence on the site, in the opinion of Council, is necessary.
TEMPORARY BUILDINGS AND USES
7.
(1)
The provisions of this Section shall apply to all Commercial Districts.
MAY BE PERMITTED
7.
(2)
Temporary buildings, structures and uses for construction materials or equipment, both incidental
and necessary to construction in the same district may be permitted on a temporary basis subject
to the issuance of a development permit.
TERMS AND CONDITIONS
7.
(3)
A development permit for a temporary building, structure or use shall be subject to such terms and
conditions as required by Council or the Development Officer.
VALIDATION PERIOD
7.
(4)
Each development permit issued for a temporary building, structure or use shall be valid for a
period of not more than six (6) months and may not be renewed for more than two (2) successive
periods at the same location.
SIZE OF BUILDINGS
7.
(5)
In all cases, temporary buildings and structures shall not exceed 1000 square feet in floor area and
one (1) storey or 15 feet in height, and:
(a)
May be used as an office space for the contractor or developer;
(b)
Shall not be used for human habitation, except as temporary accommodation for a
caretaker or watchman; and
(c)
Shall not be detrimental to the public health, safety, convenience and general welfare.
BULK REGULATIONS
8.
(1)
The Commercial bulk regulations shall be as set forth TABLE V - II, COMMERCIAL BULK
TABLE.
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
74
COMMERCIAL BULK TABLE V-II
PERMITTED
OR
CONDITIONA
L USES
ZONING
DISTRICT
S
REQUIREMENTS
MINIMUM
MAXIMUM
i
Site
Area
(sq.ft.)
Site
Width
(ft.)
c
Front
Yard
(ft.)
c,d
Side Yard (ft.)
c,h
Rear Yard
(ft.)
Height
(ft.)
Site
Coverag
e (%)
interior
corne
r
lane
no
lane
Accessory
Uses,
Buildings, and
Structures
CC
CH
[MU
a
a
a
2g
5
5
2g
5
5
1
1
5
10
10
10
15
20
20
N/A
N/A
N/A]
Agricultural
Im-
plement Sales
and Storage
CC
CH
10000
40000
100
150
25
40
15
10
15
10e
10
1
10
15
30
30
40
N/A
Arenas,
Auditoriums,
Halls
CC
CH
20000
40000
100
150
0
40
10
10
10e
10e
10
10
10
15
35
40
65
60
Automobile and
Trailer Sales,
Automobile
Service Station,
Automotive
Trades,
Automobile
Laundry,
Automobile
Body Shop
CC
CH
15,000
20,000b
100
100
25j
40k
25j
25k
25j
25k
25j
40k
25j
40k
30
30
30
35
Bulk Propane
Sales
and
Service
CH
20,000
100
40,1
30,1
30,1
40,1
40,1
30
24
Churches and
Church Halls
CC
[MU
20,000
20,000
100
100
0
30
10
10
10e
10e
10
10
15
15
45
45
65
65]
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
75
COMMERCIAL BULK TABLE V-II
PERMITTED
OR
CONDITIONA
L USES
ZONING
DISTRICT
S
REQUIREMENTS
MINIMUM
MAXIMUM
i
Site
Area
(sq.ft.)
Site
Width
(ft.)
c
Front
Yard
(ft.)
c,d
Side Yard (ft.)
c,h
Rear Yard
(ft.)
Height
(ft.)
Site
Coverag
e (%)
interior
corne
r
lane
no
lane
Drive-In
Businesses (Not
included Drive-
In Theatres
CC
CH
1800
30,000b
17
150
0
40
0
10
0e,f
10e
10
0
20
15
30
30
90
60
Drive-In
Theatres
CH
217800
300
400
100
100
100
100
30
N/A
Fertilizer (non-
hazardous solid
and
liquid),
Bulk
Fuel, Storage
Sales
and
Service
CH
25,000b
100
40
10
10e
10
20
30
60
Hotel
CC
15,000
50
0
0
0e,f
10
20
45
90
Lumber Yards
CC
CH
15,000
20,000
55
100
0
40
0
10
0e,f
10e
10
10
20
20
30
30
80
60
Miniature Golf
Course
CH
43,000
100
40
10
10e
1
10
30
80
Motel
CC
CH
15,000
30,000
100
125
30
40
10
20
10e
20
20
20
25
20
30
30
65
35
Residences:
Single-
Family
Dwelling
CC
[MU
5,000
5,000
50
50
30
30
5
5
12e
12e
20
20
20
20
30
30
36
36]
Two-Family
Dwelling
CC
[MU
6,600
6,600
55
55
30
30
5
5
12e
12e
20
20
20
20
30
30
43
43]
Three-
Family
Dwelling
CC
[MU
9,000
9,000
70
70
30
30
15
15
15
15
25
25
25
25
40
40
40
40]
Four-Family
Dwelling
CC
[MU
10,000
10,000
70
70
30
30
15
15
15
15
25
25
25
25
40
40
40
40]
Multiple-
Family
Dwelling
CC
[MU
10,000m
10,000m
70
70
20
20
15
15
15
15
25
25
25
25
45
45
40
40]
Boarding
House
CC
[MU
5,500
5,500
50
50
30
30
5
5
12e
12e
25
25
25
25
40
40
40
40]
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
76
COMMERCIAL BULK TABLE V-II
PERMITTED
OR
CONDITIONA
L USES
ZONING
DISTRICT
S
REQUIREMENTS
MINIMUM
MAXIMUM
i
Site
Area
(sq.ft.)
Site
Width
(ft.)
c
Front
Yard
(ft.)
c,d
Side Yard (ft.)
c,h
Rear Yard
(ft.)
Height
(ft.)
Site
Coverag
e (%)
interior
corne
r
lane
no
lane
Sales Buildings
CH
15,000
100
40
10
10e
1
15
30
50
Service Shops
CC
CH
1,800
20,000b
17
100
0
40
0
10
0e,f
10e
1
10
15
20
30
30
N/A
60
Travel Trailer
Parks
CH
40,000
200
45
10
10e,f
1
10
30
70
Truck
Terminals
CH
80,000b
150
40
10
10e
1
15
30
70
Veterinary
Offices
CH
15,000
100
40
10
10e
1
15
30
45
Other Permitted
and Conditional
Uses
CC
CH
[MU
1,800
5,000b
5,000
17
50
50
0
40
30
0
10
5
0e,f
10e
13e
1
10
20
10
20
20
30
35
30
N/A
30
36]
(B/L4/2011)
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
77
Explanations and Exceptions to the Bulk Requirements Table V - II are as follows:
(a)
The minimum required front yard for permitted accessory buildings and structures shall be the
same as the minimum required front yard for the principal use of the site.
(b)
Site Areas as indicated or as required by the Health Inspector, whichever is greater.
(c)
Buildings, structures and hedges adjacent to Provincial Trunk Highway No. 5 and also its
intersection with Provincial Road 351 shall have a setback in accordance with the regulations of
the Highway Protection Act or as varied by the Highway Traffic Board.
(d)
(i)
Where a dwelling unit is contained within a commercial building both required side yards
shall not be less than five (5) feet or as required in the BULK TABLE, whichever is
greater.
(ii)
The required side yard shall not be less than five (5) feet or as required in the TABLE,
whichever is greater, where a Commercial District abuts a Residential District or Open
Space District.
(e)
In the case of a reversed corner site, there shall be a minimum required side yard of fifteen (15)
feet on the street side of the reversed corner site, if the key site is not in a commercial or industrial
district.
(f) In the case of a corner site, there shall be a minimum required side yard of ten (10) feet on the street
side of the corner site, if the adjacent interior site is not in a commercial or industrial district.
(g)
The required side yard for an accessory building or structure located to the side of the principal
building or structure shall be the same as the required side yard for the principal building or
structure.
(h)
Where a dwelling unit is contained within a commercial building the rear yard shall be twenty
(20) feet.
(i)
When a dwelling unit is contained within a commercial building in the "CH" Urban Highway
Commercial District, the minimum site area shall be fifteen thousand (15,000) square feet.
(j)
Gasoline pumps shall have a required front, side and rear yard of fifteen (15) feet.
(k)
Gasoline pumps shall have a required front, side and rear yard of twenty (20) feet.
(l)
Bulk propane tanks shall have a required setback from building and site lines as regulated by the
Department of Labour.
(m)
First four (4) dwelling units require eleven thousand (11,000) square feet and each additional
dwelling unit thereafter requires an additional one thousand (1000) square feet of site area.
[(n)
In the "MU" Mixed Use Area the bulk requirements are for new development only. Therefore,
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
78
legally existing commercial development will be deemed in compliance with the bulk use
requirements.] (B/L 4/2011)
RETENTION OF BULK REGULATIONS
8.
(2)
It shall be a continuing obligation of the owner to maintain the minimum site area, yards and other
open spaces required herein for any use as long as it remains in existence. Furthermore, the
minimum site area, yards and other open spaces allocated to a use as per requirements of this by-
law shall not by virtue of change of ownership, or for any other reason, be used to satisfy the yard,
other open space, or minimum site area requirements for any other use on another site.
AREA AND YARD REQUIREMENTS
8.
(3)
Except as herein provided, the following special provisions shall apply in all zoning districts to
ensure adequate site and yard requirements:
(a)
For the purpose of required side yard regulations, a semi-detached two-family dwelling, a
row-house or a multiple-family dwelling with common party walls shall be considered as
one (1) building occupying one (1) site.
(b)
(i)
A semi-detached two-family dwelling, a side-by-side or duplex may be
subdivided into two attached single-family dwellings, through the common party
wall.
(ii)
Unless otherwise approved, the lots so created by subdividing the side-by-side or
duplex, may only be used for the purpose of single-family dwellings.
(iii)
The site area resulting from this type of subdivision shall be a minimum of thirty-
three hundred (3300) square feet, and the minimum site width shall be twenty-
seven and one half (27.5) feet.
(c)
Where a site is occupied for a use permitted in a commercial district and has no buildings
or structures thereon, the required yards for the district within which it is located shall be
provided and maintained.
(d)
No building or structure shall be permitted on a corner site when such building or
structure is to be oriented in such a manner as to reduce the front yard requirement on the
street on which such corner site has frontage at the time this Zoning By-law becomes
effective.
(e)
The yard requirements shall be as set forth in the BULK TABLES of this PART.
(f)
Required yards provided for a building or structure, existing on the effective date of this
Zoning By-law or amendments thereto, shall not be reduced, or further reduced, if already
less than the minimum requirements of this PART.
(g)
All required yards and other open space required for any use shall be located on the same
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
79
site as the use.
FRONT YARD EXCEPTIONS
8.
(4)
Where sites comprising forty (40) percent or more of the entire frontage of the block (excluding
reversed corner sites) are developed with buildings, the average front yard depths established by
such buildings shall establish the minimum front yard depths for the entire frontage of the block
provided such average is less than the minimum front yard required in the Zoning District in
which the site is located.
PROJECTIONS INTO REQUIRED YARDS
8.
(5)
Required yards shall be provided and maintained in accordance with the provisions of Section 8.
(3) and shall be unobstructed from ground level to the sky, except as set forth in the BULK
TABLES of this PART and as follows:
(a)
Eaves may project into any required front, side or rear yard, a distance of not more than
three (3) feet, provided that in no case shall an eave project within three (3) feet of a side
site line. Chimneys may project into a required front, side or rear yard not more than
three (3) feet, provided the width of such side yard is not reduced to less than three (3)
feet.
(b)
Fire escapes may extend or project into any required front, side or rear yard not more than
four (4) feet.
(c)
Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or
project into a required rear yard not more than four (4) feet and such balconies may
extend into a required front yard not more than thirty (30) inches.
(d)
Open, enclosed porches, platforms not covered by a roof or canopy, which do not extend
above the level of the first storey of the building, may extend or project into any required
side or rear yard not more than twelve (12) feet provided the width of a required side yard
is not reduced to less than three (3) feet and may extend or project into a required front
yard not more than ten (10) feet.
(e)
Except as provided for in the Bulk Regulations of each Zoning District, open-work
ornamental fences, uncovered walks, arbors, trellises, lighting fixtures, landscape
architectural features or guard railing, for safety protection around depressed ramps, may
be located in any required front yard if maintained at a height of not more than three and
one-half (3-1/2) feet above the average ground level adjacent thereto. An open-work type
railing not more than three and one-half (3-1/2) feet in height may be installed or
constructed on any balcony, stairway, porch, platform or landing place mentioned above
in subsection (c) and (d).
(f)
Except as provided for the Bulk Regulation of each Zoning District, fences, hedges and
lamp posts shall not exceed a height of six (6) feet above finished grade except in the case
of fences required under various Government Department Regulations. A fence or hedge
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
80
shall be permitted in any required front yard in which case the height shall not exceed
three and one-half (3-1/2) feet.
(g)
Landscape features, such as trees, shrubs, flowers or plants, shall be permitted in any
required front, side or rear yard provided they do not produce a hedge effect contrary to
the provisions of subsection (f) above.
(h)
Name plates, signs, as permitted and regulated in this PART, or signs for lease or rental of
the premises on which they are located as permitted in this PART, shall be allowed in any
required front, side, or rear yard.
(I)
Open work ornamental fences, hedges, landscape architectural features or guard rails,
however, shall not be located and maintained so as to preclude complete access at all
times about a main building. Gates or other suitable openings at least two and one-half
(2-1/2) feet in width shall be deemed adequate for such access.
DWELLING UNIT - MINIMUM SIZE
8.
(6)
(a)
The minimum floor area of a single-family, two-family or mobile home dwelling shall be
six hundred (600) square feet for each dwelling unit.
(b)
The minimum floor area of a three-family, four-family or multiple-family dwelling shall
be four hundred (400) square feet for each dwelling unit.
(c)
The minimum floor area of a dwelling unit when contained in a commercial building shall
be four hundred (400) square feet.
PARKING SPACE FOR RESIDENTIAL USE
8.
(7)
(a)
There shall be one (1) parking space per dwelling unit located on the same zoning site,
but not within the required front yard.
(b)
For multiple-family dwellings containing five (5) or more dwelling units there shall be
one decimal five (1.5) parking spaces per each dwelling unit.
PARKING FOR COMMERCIAL USE
8.
(8)
Parking shall be permitted in the required front yard to within one (1) foot of the front site line for
all uses except in the case of three, four, or multiple-family dwellings and boarding houses.
[(8) a) Parking shall be permitted in the required front yard to within one (1) food of the front site line
for all uses except in the case of three, four, or multiple-family dwellings and boarding houses.
b)
For commercial development that is proposed to be located in a neighbourhood developed for
residential uses, at least two (2) spaces shall be provided as parking for staff and customers, and
shall be located on the same zoning as the proposed commercial development] (B/L 4/2011)
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
81
SIGNS
SIGN REGULATIONS
8.
(9)
The regulations of this section are intended and designed to establish a minimum control of signs.
Such control is deemed essential to promote the health, safety, and general welfare by reducing
hazards to pedestrian and vehicular traffic, and by preventing unsightly and detrimental
development having a blighting influence upon residential, commercial and industrial uses.
The following shall apply in all zoning districts in this PART except wherein otherwise stated:
(a)
In the "CC" Downtown Commercial District, signs shall be permitted as follows:
(i)
one lighted or unlighted facia identification or business sign identifying any use
contained within the building or structure, the surface area of all signs shall have
an aggregate sign surface area not exceeding 20 percent of the surface of the wall
to which they are attached;
(ii)
one lighted or unlighted free-standing business or identification sign having a
maximum height not exceeding twenty-five (25) feet; located in the required
front yard, but no part of such sign shall be located nearer the front or side site
lines than one (1) foot, the total aggregate sign surface areas are not to exceed
thirty-two (32) square feet;
(iii)
one lighted or unlighted business or identification sign not exceeding forty (40)
square feet may be erected on the roof of the building containing the business it
identifies, which sign shall not be in addition to a facia sign but as an alternative
thereof;
(iv)
all types of signs that are free standing on a site shall be a minimum of three (3)
feet from any site boundary.
(b)
In the "CH" - Urban Highway Commercial District, signs shall be permitted as follows:
(i)
one lighted or unlighted facia identification sign, the sign surface area not to
exceed one (1) square foot for each ten (10) feet of site width of the property on
which it is located, but not exceeding a total aggregate sign surface area of one
hundred (100) square feet, for any building or use permitted in this zoning
district. An accessory building or structure shall not qualify for a separate
identification sign.
(ii)
any identification or business sign permitted in subclause (i) above may be
attached to the face or roof of a building or structure or it may be a free-standing
sign, having an aggregate sign surface area not exceeding one hundred (100)
square feet.
(iii)
other types of signs not provided for in subclauses (i) and (ii), above, shall be
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
82
conditional uses.
(iii)
all types of signs that are free standing on a site shall be a minimum of five (5)
feet from any site boundary.
[(c)
In the "MU" Mixed Use District, signs shall be permitted as follows:
(i)
In the case of a residential development, there shall not be more than one (1)
non-illuminated identification sign for each dwelling unit and each sign shall not
exceed two (2) square feet in sign surface area.
(ii)
In the case of a multiple-family development, there shall not be more than one (1)
non-illuminated identification sign not exceeding twelve (12) square feet in sign
surface area for each multiple-family dwelling building.
(iii)
In the case of any other permitted uses, there shall not be more than one (1) non-
illuminated identification sign or bulletin board sign, not exceeding twelve (12)
square feet in sign surface area.
(iv)
Other types of signs, including illuminated signs, not provided for in subclauses
(i), (ii), and (iii), above, shall be conditional uses.
(v)
All types of signs that are free standing on a site shall be a minimum of five (5)
feet from any site boundary.] (B/L 4/2011)
(d)
No sign or sign structures shall be erected at any location where it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign, signal or device.
(e)
No sign or sign structure shall be located in such a manner as to materially impede the
view of any street or highway intersection, or in such a manner as to materially impede
the view of the intersection of a street or highway with a railroad grade crossing.
(f)
No rotating beam or beam shall be used in connection with any sign display; nor shall any
flashing illumination resembling an emergency light be used for such purpose.
(g)
No flashing signs shall be permitted in any zoning district without the approval of the
Council. In any event, no flashing sign shall be permitted within three hundred (300) feet
of any residential district or Provincial Roads and Provincial Trunk Highways.
(h)
All signs and sign structures shall be kept in repair and in proper state of preservation.
Signs which have become obsolete because of discontinuance of the business service or
activity, and have not been removed or relocated within thirty (30) days following such
condition, may be removed by the Town at the owner's expense.
(i)
Where a sign has two or more faces, the area of all faces shall be included in determining
the sign surface area, except that where two such faces are placed back to back and are at
no point more than two (2) feet apart from one another.
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
83
(j)
It shall be unlawful to erect or maintain a sign on, over or above any land or right-of-way
belonging to the Town unless such right is established by agreement with the Town and
all signs shall adhere to all the setback requirements of the zoning district in which they
are located.
(k)
The placing of advertising, business or identification signs within the control lines and
circles of a Provincial Road or Provincial Trunk Highway shall require a permit from the
appropriate authority.
(m)
No advertising billboard sign or other type of display sign shall be constructed in any
commercial district without the approval of the Council, except as otherwise stated
herein.
(n)
The following signs shall not be subject to the provisions of this PART, except wherein
otherwise noted:
(i)
signs posted by duly constituted public authorities in the performance of their
public duties.
(ii)
Flags or emblems of a political, civic, educational or religious organization.
(iii)
Temporary signs as may be authorized by Council for not more than two months
at a time by written permit which shall show the size, shape, content, height, type
of construction and location of such signs.
(iv)
"No Trespassing" signs not exceeding three (3) square feet.
(v)
Construction signs when placed on construction sites and not exceeding twenty-
five (25) square feet.
(vi)
Signs required for direction and convenience of the public, including signs which
identify rest rooms or parking entrance or exit, not exceeding five (5) square feet
in area.
(vii)
Real estate signs not exceeding ten (10) square feet which advertise the sale,
rental or lease of a building, structure, site, or part thereof.
PUBLIC BUILDING HEIGHT
8.
(10)
Public buildings may be erected to a height not exceeding seventy-five (75) feet provided the
minimum required front, side and rear yard requirements of the zoning districts in which they are
located are increased by ten (10) percent for each increase in height of thirty (30) percent over the
limit indicated in Table V - II, COMMERCIAL BULK TABLE.
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
84
HEIGHT EXCEPTIONS
8.
(11)
The provisions of this PART shall not apply to limit the height of any ornamental dome, chimney,
tower, electrical or telephone transmission line, television or radio mast, steeple, water storage
tank, electrical apparatus or the mechanical operation of the building provided that no roof
structure or any space above the height limit shall be permitted for the purpose of providing usable
floor area.
STORAGE OF MERCHANDISE
8.
(12)
There shall be no storage of merchandise in the front, side and rear yards of the "CC" Downtown
Commercial District, except for storage in the front and rear yards for the following uses:
Automobile and Trailer Sales, Automobile Service Station, Agricultural Implement Sales and
Services and the rear yard of lumber yards.
ACCESSORY BUILDING AND USES PERMITTED
8.
(13)
(a)
Where this By-law provides that any premises may be used or a building or structure may
be erected or used for a purpose, the purpose includes any building or use accessory
thereof.
(b)
Accessory buildings, except as otherwise regulated in the By-law, shall be subject to the
following regulations:
(i)
Where the accessory building is attached to a main building, it shall be subject to,
and shall conform to, all regulations of this By-law applicable to the main
building.
(ii)
Detached accessory buildings shall not be located in any required yard, except a
required rear yard in the "CC" Downtown Commercial District or required side
or rear yard in the "CH" Urban Highway Commercial District or as provided for
elsewhere herein.
[(iii) All detached accessory buildings shall be located a minimum of ten (10) feet from
any main building. For the purpose of this By-law the ten (10) foot separation
requirement shall be considered a required yard extending from the nearest side
of the detached accessory building to the nearest wall of the main building.]
(B/L 2047)
(iv)
In no instance shall an accessory building be located within a dedicated easement
right-of-way.
(v)
No accessory building shall be erected prior to erection of the main building
except where it is necessary for the storage of the tools and materials for use
during construction of the main building.
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
85
(vi)
Where a through site has a depth of less than two hundred (200) feet, an
accessory building not exceeding one (1) storey nor fourteen (14) feet in height
may be located in one of the required front yards, if such building is set back
from the nearest street line a distance of not less than ten (10) percent of the
depth of the site and at least five (5) feet from any side site line. In no case shall
any accessory building project beyond the front yard line of a existing main
building along the site width, but such accessory building need not be located
more than twenty-five (25) feet from the street line.
SUBDIVIDING LAND
8.
(14)
No parcel of land shall hereafter be divided into sites unless each site conforms with the
regulations set forth in the BULK REGULATIONS of each Commercial District.
SITE SIZE REQUIREMENTS
8.
(15)
The site size requirements shall be as set forth in the TABLE V - II, except as provided in Section
11, PART II, ADMINISTRATION.
THROUGH SITE - MAY BE TWO SITES
8.
(16)
A through site having a depth of two hundred (200) feet or more may be assumed to be two sites
with the rear line of each site approximately equidistant from the front site lines, provided all site
area and yard requirements are complied with.
NOXIOUS OR OFFENSIVE USES
8.
(17)
Notwithstanding anything herein contained, no use shall be permitted in any commercial district
under this PART which may be noxious or offensive by reason of the emission or production of
odor, dust, refuse matter, wastes, vapour, smoke, gas, vibration or noise.
ONLY ONE MAIN BUILDING OR USE ON A SITE
8.
(18)
There shall be only one main building or one main use on a site except wherein otherwise stated.
MULTIPLE USES
8.
(19)
Where any land or building is used for more than one purpose, all provisions of this By-law
relating to each use shall be satisfied. Where there is conflict such as in the case of site area and
site frontage, the higher or more stringent requirement shall prevail.
LOCATION OF COMMERCIAL BULK PROPANE, NON-HAZARDOUS SOLID AND LIQUID
FERTILIZER AND BULK OIL STORAGE, BUILDINGS AND STRUCTURES
8.
(20)
Bulk propane, non-hazardous solid and liquid fertilizer and bulk oil storage, buildings and
structures shall not locate within one hundred twenty-five (125) feet of an established dwelling
unit (other than of the owner or operator) or as recommended by the Department of Labour.
Town of Carberry Zoning By-law
COMMERCIAL DISTRICTS
86
BUILDING REMOVAL
8.
(21)
Upon completion of removal or demolition of a building from a zoning site, the old foundation
shall be removed, the excavation shall be filled, the ground shall be levelled and the site shall be
put in a safe and sanitary condition to the satisfaction of the Development Officer.
BUILDING GRADE
8.
(22)
All new principal buildings shall have a ground surface elevation as approved by the Development
Officer.
TRAVEL TRAILER PARK DEVELOPMENT PROVISIONS
8.
(23)
All site plans for a Travel Trailer Park must be submitted to Council for their consideration and
approval prior to the issuance of a Development Permit.
[8.
(24)
Within the Mixed Use Area, proponents of commercial development may be required to sign
development agreement with Council. Depending on content, such development agreements may
be registered against affected titles as a means of protecting the interests of both parties involved.
The development agreement will need to reflect proponent's plans for any of the following issues:
(a) LIGHTING
Lighting for commercial uses in the Mixed Use Area shall be designed to direct illumination to
the ground of the subject property only as a means to avoid light pollution from new
development causing a nuisance for neighbouring residential development.
(b) EXTERIOR BUILDING MATERIALS
Exterior building materials in the Mixed Use Area shall be designed to be complimentary to
neighbouring properties. For example, the exterior building facade of new developments within
residential areas are to be designed primarily with residential characteristics, while mixed use
development in commercial areas are to be designed primarily with commercial characteristics.
A rendering or listing of materials to be used in the constructions of the development may be
required.
(c) PARKING
Within the Mixed Use Area a proposed parking plan may be required to ensure developments do
not negatively impact the traffic safety of the surrounding neighbourhood.
(d) OTHER
Any other issues related to the proposed development considered important by council.]
(B/L 4/2011)
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
87
PART VI - INDUSTRIAL DISTRICTS
INTENT AND PURPOSE
1.
The Industrial Districts established in this By-law are intended to provide sufficient land in suitable
locations to meet the needs of industrial development in The Area in keeping with the provisions of the
Development Plan.
ZONING DISTRICTS
2.
In order to carry out the intent and purpose of section 1 above, there are hereby established the following
Zoning Districts:
LIGHT INDUSTRIAL DISTRICT "M1"
2.
(1)
"M1" LIGHT INDUSTRIAL DISTRICT
The purpose of this zoning district is to primarily provide for light manufacturing, processing, distribution,
transportation and warehouse uses. Excluded are uses which in Council's opinion may be detrimental to
adjoining or nearby uses or creates a nuisance factor, however, contained outside storage is permissible.
HEAVY INDUSTRIAL DISTRICT "M2"
2.
(2)
"M2" HEAVY INDUSTRIAL DISTRICT
The purpose of this zoning district is to primarily provide for a wide range of industrial uses where a
certain level of nuisance factors must be accepted as characteristic of the use. Wherever practical "M2"
uses are located as far as possible from residential districts and in such a way as to minimize any
detrimental effect on other uses of land.
GENERAL PROVISIONS
3.
The general provisions applying to all INDUSTRIAL DISTRICTS are contained within this PART. Also
applying to these zoning districts are the provisions of PART I - "DEFINITIONS", PART II -
"ADMINISTRATION", and "APPENDIX A".
INTERPRETATION OF REGULATIONS
4.
In their interpretation and application, the provisions of this PART shall be held to be the minimum
requirements to satisfy the intent and purpose as set forth in section 1 of this PART.
SCOPE OF REGULATIONS
5.
(1)
The provisions pertaining to this PART shall regulate:
(a)
All structures erected hereafter;
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
88
(b)
All uses of land and structures established hereafter;
(c)
All structural alterations or relocations of existing structures occurring hereafter;
(d)
All enlargements of, or additions to existing structures, or uses; and
(e)
The change of use of land, buildings or structures.
USE REGULATIONS
INDUSTRIAL USE TABLE
6.
(1)
TABLE VI - I, "INDUSTRIAL USE TABLE", lists all uses that are:
(a)
"P", Permitted,
(b)
"C", Conditional, and
(c)
"-", Not Permitted
in the Industrial Districts. All listed uses are subject to the provisions contained herein.
GENERAL USE REGULATIONS
6.
(2)
No land shall be used, or occupied and no structure shall be erected, altered, used or occupied,
hereinafter for any use in any INDUSTRIAL DISTRICT in which such land or structure is located
other than a use listed on TABLE VI - I, "INDUSTRIAL USE TABLE", with the following
exception:
(a)
Uses lawfully established prior to the effective date of this By-law.
CONDITIONAL USE
6.
(3)
Any use listed as a "CONDITIONAL USE" in TABLE VI - I shall comply with the provisions as
set forth in section 4, PART II, "ADMINISTRATION".
ACCESSORY USES
6.
(4)
(a)
An accessory use, building, or structure includes, but is not limited to the following:
(i)
a garage, shed or building for storage incidental to a permitted use;
(ii)
incinerators subject to the authority having jurisdiction, and which shall be
incidental to the permitted use;
(iii)
storage of goods used in or produced by manufacturing activities on the same
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
89
zoning site with such activities unless such storage is excluded by the zoning
district regulations;
(iv)
the production, processing, cleaning, servicing, altering, testing, repair or storage
of merchandise normally incidental to a business and personal service and
mercantile occupancies if conducted by the same ownership as the principal use;
(v)
in all industrial districts, a dwelling unit or sleeping accommodation for a
watchman or caretaker and his family if in Council's opinion, it is demonstrated
that his presence on the same zoning site as the principal use is essential and
necessary.
(vi)
a retail or commercial use which is incidental to a permitted or approved use.
INDUSTRIAL USE TABLE VI-I
LEGEND: P - PERMITTED
C - CONDITIONAL
- - USE NOT PERMITTED
ZONING
DISTRICTS
USES:
"M1"
"M2"
*Abattoirs
C
P
Accessory Uses, Buildings and Structures (see Section 6 of this PART)
P
P
Agricultural Products Manufacturing and Processing:
Animal Feeds
-
P
Farm Buildings and Structures
-
P
Farm Implements
-
P
Garden Implements
C
P
*In the Industrial District this use shall be connected to the municipal piped sewerage
system or an approved holding tank.
Seed Supplies
P
P
Automobile Body Shops
P
P
Automobile Service Stations
P
-
Automobile and Trailer Sales Areas
P
-
Automobile Wrecking Establishments
-
P
Bakeries
P
-
Beverage Manufacturing Establishment
P
P
Boat Building Shop
C
P
Building Contractors Yard
-
P
Bulk Propane Sales and Service
P
P
Bus Terminal
P
P
*Cleaning Establishments or Plants, including Dry Cleaners
P
-
*Dairies and Creameries
P
-
*Eviscerating Plant
C
C
Existing Uses legally established prior to the adoption of this By-law
P
P
Fertilizer (Non-hazardous solid and Liquid only) Bulk Fuel Sales and Storage (see
Section 8(19) of this PART)
-
P
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
90
INDUSTRIAL USE TABLE VI-I
LEGEND: P - PERMITTED
C - CONDITIONAL
- - USE NOT PERMITTED
ZONING
DISTRICTS
USES:
"M1"
"M2"
*Food Processing Plant
C
P
Grain or Vegetable Storage Buildings
-
P
Junk Yards
-
P
Lumber Yards when within an enclosed structure and in conjunction with which
there is a retail sales area
P
P
Lumber Yards
-
P
Maintenance Yards
-
P
[Office Buildings (B/L 2118)
C
C]
Public Utilities and Services (see PART II Section 14)
P
P
Plumbing and Sheet Metal Shops
P
P
Rail Freight Terminals and Yards
-
P
*Restaurants, when in conjunction with another permitted use
P
-
Retail Stores, when in conjunction with another permitted use
P
P
Sales Buildings
P
P
Service Shops
P
P
[Shot Gun Shell Manufacturing Plant
-
C](B/L
3/2009)
Signs (see Section 8(11) of this PART)
P
P
Sign Painting Shops
P
P
Signs, Advertising
C
C
*In the Industrial District this use shall be connected to the municipal piped
sewerage system or an approved holding tank.
Truck Terminals
-
P
*Veterinary Offices
P
-
Warehouses
P
P
Wholesale Business, Storage
P
P
*In the Industrial District this use shall be connected to the municipal piped sewage system or an approved holding
tank.
(vii)
Accessory off-street parking or loading spaces as required and regulated in
Section 8 (9) and (10) of this PART; and
(viii)
Signs as permitted and regulated in Section 8 (11) of this PART.
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
91
TEMPORARY BUILDINGS AND USES
7.
(1)
The provisions of this Section shall apply to the Industrial Districts.
MAY BE PERMITTED
7.
(2)
Temporary buildings, structures and uses for construction materials or equipment, both incidental
and necessary to construction in the same zoning district may be permitted on a temporary basis
subject to the issuance of a development permit.
TERMS AND CONDITIONS
7.
(3)
A development permit for a temporary building, structure or use shall be subject to such terms and
conditions as required by Council or the Development Officer.
VALIDATION PERIOD
7.
(4)
Each development permit issued for a temporary building, structure or use shall be valid for a
period of not more than six (6) months and may not be renewed for more than two (2) successive
periods at the same location.
SIZE OF BUILDINGS
7.
(5)
In all cases, temporary buildings and structures shall not exceed 1000 square feet in floor area and
one (1) storey or 15 feet in height, and:
(a)
May be used as an office space for the contractor or developer;
(b)
Shall not be used for human habitation, except as temporary accommodation for a
caretaker or watchman; and
(c)
Shall not be detrimental to the public health, safety, convenience and general welfare.
BULK REGULATIONS
INDUSTRIAL BULK TABLE
8.
(1)
The Industrial bulk regulations shall be as set forth in TABLE VI - II, INDUSTRIAL BULK
TABLE.
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
92
INDUSTRIAL BULK TABLE VI-II
PERMITTED
OR
CONDITIONAL
USES
ZONING
DISTRICTS
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq.ft.)
Site
Width
(ft.)
b
Front
Yard
(ft.)
b,c
Side Yard (ft.)
b
Rear Yard
(ft.)
Height
(ft.)
Site
Coverage
(%)
interior
corner
lane
no
lane
Abattoirs
M1
M2
30,000
100
20
20
20
20
20
30
50
Accessory Uses,
Buildings, and
Structures
M1
M2
20d
20d
5d
5d
10d
10d
1d
1d
10d
10d
25
N/A
N/A
N/A
Animal Feeds,
Manufacture
M2
15,000
100
20
5
10
5
10
30
60
Automobile
Body Shop
M1
M2
10,000a
100
20
5
10
5
15
30
60
Automobile
Services Station/
Automobile and
Trailer Sales
Areas
M1
15,000a
100
25e
25e
25e
25e
25e
30
30
Automobile
Wrecking
Establishments,
Junk Yards
M2
25,000a
150
20
5
10
5
15
30
N/A
Bulk Propane
Sales
and
Service
M1
M2
15,000a
100
25e
25e
25e
25e
25e
30
30
Eviscerating
Plant
M1
M2
55,000a
100
20
20
20
25
25
30
55
Farm Buildings
and Structures
Manufacture
M2
20,000
100
20
5
10
5
10
35
75
Farm
Implements
Manufacture
M2
20,000
100
20
5
10
5
10
35
75
Fertilizer (non-
hazardous solid
and liquid), Bulk
Fuel, Storage
Sales
and
Service
M2
25,000a
100
20
5
10
5
15
30
70
Food Processing
Plant
M1
M2
25,000a
100
20
5
10
5
15
30
70
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
93
INDUSTRIAL BULK TABLE VI-II
PERMITTED
OR
CONDITIONAL
USES
ZONING
DISTRICTS
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq.ft.)
Site
Width
(ft.)
b
Front
Yard
(ft.)
b,c
Side Yard (ft.)
b
Rear Yard
(ft.)
Height
(ft.)
Site
Coverage
(%)
interior
corner
lane
no
lane
Garden
Implements
Manufacture
M1
M2
15,000
100
20
5
10
5
10
30
60
Grain or
Vegetable
Storage
Buildings
M2
15,000
100
20
5
10
10
10
50
60
Rail Freight
Terminal and
Yard
M2
80,000
200
20
5
10
5
15
35
70
[Shot Gun Shell
Manufacturing
Plant (f)
M2
217,800
(5 acres)
400
200
50
200
200
50
30
N/A](B/L
3/2009)
Truck Terminal
M2
80,000
150
20
5
10
5
15
30
70
Veterinary
Offices
M1
15,000a
100
20
5
10
5
15
25
60
Other Permitted
or Conditional
Uses
M1
M2
5,000a
10,000a
50
100
20
20
5
5
10
10
5
5
15
15
45
N/A
60
N/A
Explanations and Exceptions to the Bulk Requirements Table VI - II are as follows:
(a)
The site area shall be as required in the BULK TABLE or as required by the Health Inspector,
whichever is greater.
(b)
Buildings, structures and hedges adjacent to Provincial Trunk Highway No. 5 and also its
intersection with Provincial Road 351 shall have a setback in accordance with the regulations of
the Highway Protection Act or as varied by the Highway Traffic Board.
(c)
In the case of a reversed corner site, there shall be a minimum required side yard of fifteen (15)
feet on the street side of the reversed corner site unless a greater requirement is indicated in the
TABLE.
(d)
Notwithstanding anything provided herein, in the case of detached accessory buildings or
structures used for storage of hazardous materials all required yards must be the same as those
required for the principal building or structure. See Section 8. (15) of this PART.
(e)
Gasoline pumps shall have a required front, side and rear yard of fifteen (15) feet. Bulk propane
tanks shall have a required setback from all buildings and site lines as regulated by the
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
94
Department of Labour.
[(f)
Shot Gun Shell Manufacturing Plants are federally regulated by Natural Resources Canada and
any federal setback or siting requirements greater than those in this by-law must be met.](B/L
3/2009)
RETENTION OF BULK REGULATIONS
8.
(2)
It shall be a continuing obligation of the owner to maintain the minimum site area, yards and other
open spaces required herein for any use as long as it remains in existence. Furthermore, the
minimum site area, yards and other open spaces allocated to a use as per requirements of this by-
law shall not by virtue of change of ownership, or for any other reason, be used to satisfy the yard,
other open space, or minimum site area requirements for any other use on another site.
SUBDIVIDING LAND
8.
(3)
No parcel of land shall hereafter be divided into sites, unless each site conforms with the
regulations set forth in TABLE VI - II.
SITE SIZE REQUIREMENTS
8.
(4)
The site size requirements shall be as set forth in TABLE VI - II, except as provided in Section 11,
PART II, ADMINISTRATION.
AREA AND YARD REQUIREMENTS
8.
(5)
Except as herein provided, the following special provisions shall apply in all zoning districts of
this PART to ensure adequate site and yard requirements:
(a)
For the purpose of side yard regulations, a semi-detached two-family dwelling, a row-
house or a multiple-family dwelling with common party walls shall be considered as one
(1) building occupying one (1) site.
(b)
When a site is occupied for a use permitted in a zoning district and has no buildings or
structures thereon, the required yards for the district within which it is located shall be
provided and maintained.
(c)
No building or structure shall be permitted on a corner site when such building or
structure is to be oriented in such a manner as to reduce the required front yard
requirement on the street on which such corner site has its site frontage at the time this
Zoning By-law becomes effective.
(d)
The yard requirements shall be as set forth in the BULK TABLES of this PART.
(e)
Required yards provided for a building or structure, existing on the effective date of this
Zoning By-law or amendments thereto, shall not be reduced, or further reduced, if already
less than the minimum requirements of this PART.
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
95
(f)
All yards and other open space required for any use shall be located on the same site as
the use.
FRONT YARD EXCEPTIONS
8.
(6)
Where sites comprising forty (40) per cent or more of the entire frontage of the block (excluding
reversed corner sites) are developed with buildings, the average front yard depths established by
such buildings shall establish the minimum front yard depths for the entire frontage of the block
provided such average is less than the minimum front yard required in the District in which the
site is located.
PROJECTIONS INTO REQUIRED YARDS
8.
(7)
Required yards shall be provided and maintained in accordance with the provisions of Section 8.
(5) and shall be unobstructed from ground level to the sky, except as set forth in the BULK
TABLES of this PART and as follows:
(a)
Eaves may project into any required front, side or rear yard, a distance of not more than
three (3) feet, provided that in no case shall an eave project within three (3) feet of a side
site line. Chimneys may project into a required front, side or rear yard not more than
three (3) feet, provided the width of such yard is not reduced to less than three (3) feet.
(b)
Fire escapes may extend or project into any required front, side or rear yard not more than
four (4) feet.
(c)
Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or
project into a required rear yard not more than four (4) feet and such balconies may
extend into a required front yard not more than thirty (30) inches.
(d)
Open, unenclosed porches, platforms, not covered by a roof or canopy, which do not
extend above the level of the first storey of the building, may extend or project into any
required front, side or rear yard not more than twelve (12) feet provided the width of a
required side yard is not reduced to less than three (3) feet.
(e)
Except as provided for in the Bulk Regulations of each Zoning District, open-work
ornamental fences, uncovered walks, arbors, trellises, lighting fixtures, landscape
architectural features or guard railing, for safety protection around depressed ramps, may
be located in any required front yard if maintained at a height of not more than three and
one-half (3-1/2) feet above the average ground level adjacent thereto. An open-work type
railing not more than three and one-half (3-1/2) feet in height may be installed or
constructed on any balcony, stairway, porch, platform or landing place mentioned above
in subsection (c) and (d).
(f)
Except as provided for in the Bulk Regulation of the Industrial District, fences, hedges
and lamp posts shall not exceed a height of six (6) feet above finished grade except in the
case of fences required under various Government Department Regulations. A fence or
hedge shall be permitted in any required front yard in which case the height shall not
exceed three and one-half (3-1/2) feet.
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
96
(g)
Landscape features, such as trees, shrubs, flowers or plants, shall be permitted in any
required front, side or rear yard provided they do not produce a hedge effect contrary to
the provisions of subsection (f) above.
(h)
Name plates, signs, as permitted and regulated in this PART, or signs for lease or rental of
the premises on which they are located as permitted in this PART, shall be allowed in any
required front, side, or rear yard.
(i)
Open work ornamental fences, hedges, landscape architectural features or guard rails,
however, shall not be located and maintained so as to preclude complete access at all
times about a main building. Gates or other suitable openings at least two and one-half
(2-1/2) feet in width shall be deemed adequate for such access.
DWELLING UNIT - MINIMUM SIZE
8.
(8)
The minimum size floor area of a dwelling unit accessory to a principal use shall be four hundred
(400) square feet.
LOADING SPACES
8.
(9)
The following table indicates the required loading spaces for all industrial uses:
Floor area of building
Minimum Number of Loading Spaces
Up to and including 5,000 square
feet
Nil
5,001 square feet up to and
including 15,000 square feet
1 loading space
15,001 square feet up to and
including 40,000 square feet
2 loading spaces
Over 40,000 square feet
2 loading spaces plus 1 additional loading space for
each additional 25,000 square feet or portion thereof in
excess of 40,000 square feet.
PARKING SPACES
8.
(10)
All parking spaces shall be provided on the same zoning site as the principal use.
SIGNS
SIGN REGULATIONS
8.
(11)
The regulations of this section are intended and designed to establish a minimum control of signs.
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
97
Such control is deemed essential to promote the health, safety, and general welfare by reducing
hazards to pedestrian and vehicular traffic, and by preventing unsightly and detrimental
development having a blighting influence upon residential, business and industrial uses.
The following shall apply in all zoning districts of this PART except wherein otherwise stated:
(a)
One lighted or unlighted facia business or identification sign identifying any use
contained within the building or structure, the sign surface area not exceeding one (1)
square foot for each ten (10) feet of site width of property on which it is located, but not
exceeding a total sign surface area of one hundred (100) square feet, for any building or
use permitted in this zoning district. An accessory building or structure shall not qualify
for a separate identification sign.
(b)
Any identification or business sign permitted in clause (a) above may be attached to the
face or roof of a building or structure or it may be a free-standing sign, having an
aggregate sign surface area not exceeding one hundred (100) square feet.
(c)
Bulletin Board signs shall be permitted to a maximum size of thirty-two (32) square feet.
(d)
All types of signs that are free standing on the site shall be a minimum of three (3) feet
from any site boundary.
(e)
No sign or sign structures shall be erected at any location where it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign, signal or device.
(f)
No sign or sign structure shall be located in such a manner as to materially impede the
view of any street or highway intersection, or in such a manner as to materially impede
the view of the intersection of a street or highway with a railroad grade crossing.
(g)
No rotating beam or beam shall be used in connection with any sign display; nor shall any
flashing illumination resembling an emergency light be used for such purpose.
(h)
No flashing signs shall be permitted in any district without the approval of the Council.
In any event, no flashing sign shall be permitted within three hundred (300) feet of any
residential district or Provincial Roads and Provincial Trunk Highways.
(i)
All signs and sign structures shall be kept in repair and in proper state of preservation.
Signs which have become obsolete because of discontinuance of the business service or
activity, and have not been removed or relocated within thirty (30) days following such
condition, may be removed by the Town at the owner's expense.
(j)
Where a sign has two or more faces, the area of all faces shall be included in determining
the sign surface area, except that where two such faces are placed back to back and are at
no point more than two (2) feet apart from one another.
(k)
It shall be unlawful to erect or maintain any sign on, over or above any land or right-of-
way belonging to the Town unless such right is established by agreement with the Town,
and all signs shall adhere to all the setback requirements of the zoning district in which
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
98
they are located.
(l)
The placing of advertising, business or identification signs within the control lines and
circles of a Provincial Road or Provincial Trunk Highway shall require a permit from the
appropriate provincial authority.
(m)
No advertising billboard sign or other type of display sign shall be constructed in any
industrial district without the approval of the Council, except as otherwise stated herein.
(n)
The following signs shall not be subject to the provisions of this By-law, except wherein
otherwise noted:
(i)
Signs posted by duly constituted public authorities in the performance of their
public duties.
(ii)
Flags or emblems of a political, civic, educational or religious organization.
(iii)
Temporary signs as may be authorized by Council for not more than two months
at a time by written permit which shall show the size, shape, content, height, type
of construction and location of such signs.
(iv)
"No Trespassing" signs not exceeding three (3) square feet.
(v)
Construction signs when placed on construction sites and not exceeding twenty-
five (25) square feet.
(vi)
Signs required for direction and convenience of the public, including signs which
identify rest rooms or parking entrance or exit, not exceeding five (5) square feet
in area.
(vii)
Real estate signs not exceeding ten (10) square feet which advertise the sale,
rental or lease of a building, structure, site, or part thereof.
SPECIAL YARDS ALONG DISTRICT BOUNDARIES
8.
(12)
The following special yard requirements shall apply along residential district boundaries:
(a)
(i)
Where a side site line in an Industrial District abuts a side site line in an adjacent
Residential District, the front yard requirement of the Residential District shall
extend for a distance of one hundred (100) feet into the Industrial District; and a
required side yard of twenty-five (25) feet in width shall be provided along the
side site line in the Industrial District.
(ii)
the side yard provided shall not be used for accessory off-street loading, or
storage of materials, or processing of any kind, except where a solid fence of six
(6) feet high is provided and maintained along the site line abutting the
Residential District Boundary.
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
99
(iii)
parking spaces within the front yard shall not be permitted within ten (10) feet of
the said zoning district boundary.
(b)
Where a side site line in an Industrial District abuts a rear site line in an adjacent
Residential District, a side yard of twenty-five (25) feet shall be provided in the Industrial
District along the rear site line.
(c)
Where a rear site line in an Industrial District abuts a side or rear site line in an adjacent
Residential District, a required rear yard of fifty (50) feet in depth shall be provided along
the rear site line in the Industrial District.
(d) Where a boundary yard as described in paragraphs (a), (b), and (c) is provided, a compact
hedge, row of shrubbery or a solid fence six (6) feet in height shall be provided and
maintained along the site line abutting the Residential District Boundary.
OPEN SPACE
8.
(13)
Where the district lines in an Industrial District and an Agricultural or Commercial District are co-
terminus, there shall be a minimum required side or rear yard of fifteen (15) feet on the adjoining
Industrial land except where a greater required side or rear yard is provided for elsewhere herein.
HEIGHT EXCEPTIONS
8.
(14)
The provisions of this PART shall not apply to limit the height of any ornamental dome, chimney,
tower, electrical or telephone transmission line, television or radio mast, steeple, water storage
tank, electrical apparatus or the mechanical operation of the building provided that no roof
structure or any space above the height limit shall be permitted for the purpose of providing usable
floor area.
ACCESSORY BUILDING AND USES PERMITTED
8.
(15)
Where this By-law provides that any premises may be used or a building or structure may be
erected or used for a purpose, the purpose includes any building or use accessory thereof.
Accessory buildings, except as otherwise regulated in the By-law, shall be subject to the following
regulations:
(a)
Where the accessory building is attached to a main building, it shall be subject to, and
shall conform to, all regulations of this By-law applicable to the main building.
(b)
Detached accessory buildings shall not be located in any required yard, except a required
side or rear yard or as provided for elsewhere herein.
[
(c)
All detached accessory buildings shall be located a minimum of ten (10) feet from any
main building. For the purpose of this By-law the ten (10) foot separation requirement
shall be considered a required yard extending from the nearest side of the detached
accessory building to the nearest wall of the main building.] (B/L 2047)
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
100
(d)
In no instance shall an accessory building be located within a dedicated easement right-
of-way.
(e)
No accessory building shall be erected prior to erection of the main building except where
it is necessary for the storage of the tools and materials for use during construction of the
main building.
(f)
Where a through site has a depth of less than two hundred (200) feet, an accessory
building not exceeding one (1) storey nor fourteen (14) feet in height may be located in
one of the required front yards, if such building is set back from the nearest street line a
distance of not less than ten (10) percent of the depth of the site and at least five (5) feet
from any side site line. In no case shall any accessory building project beyond the front
yard line of an existing main building along the site width, but such accessory building
need not be located more than twenty-five (25) feet from the street line.
NOXIOUS OR OFFENSIVE USES
8.
(16)
Notwithstanding anything herein contained, no use shall be permitted in any zoning district other
than the "M2" District which may be noxious or offensive by reason of the emission or production
of odor, dust, refuse matter, wastes, vapour, smoke, gas, vibration or noise. This shall not be so
interpreted as to prohibit those uses specifically permitted in the "M1" District.
ONLY ONE MAIN BUILDING OR USE ON SITE
8.
(17)
There shall be only one main building or one main use on a site except wherein otherwise stated.
MULTIPLE USES
8.
(18)
Where any land or building is used for more than one purpose, all provisions of this PART
relating to each use shall be satisfied. Where there is conflict such as in the case of site area and
site frontage, the higher or more stringent requirement shall prevail.
LOCATION OF COMMERCIAL BULK PROPANE, NON-HAZARDOUS SOLID AND LIQUID
FERTILIZER AND BULK OIL STORAGE, BUILDINGS AND STRUCTURES
8.
(19)
Bulk propane, non-hazardous solid and liquid fertilizer and bulk oil storage, buildings and
structures shall not locate within one hundred and twenty-five (125) feet of an established
dwelling unit (except that of the owner or operator) or as recommended by the Department of
Labour.
BUILDING REMOVAL
8.
(20)
Upon completion of removal or demolition of a building from a zoning site, the old foundation
shall be removed, any excavation shall be filled, the ground shall be levelled and the site shall be
put in a safe and sanitary condition to the satisfaction of the Development Officer.
Town of Carberry Zoning By-law
INDUSTRIAL DISTRICTS
101
BUILDING GRADE
8.
(21)
All new main buildings shall have a ground surface elevation as approved by the Development
Officer.
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
102
PART VII - AGRICULTURAL DISTRICTS
INTENT AND PURPOSE
1.
The Agricultural District established in this By-law is intended to provide sufficient land in suitable
locations to allow rural uses to occur but in such a fashion as to be easily converted to urban development
upon need in The Area in keeping with the provisions of the Development Plan.
The intent and purpose of this PART is to limit and regulate development in specific areas until such time
as additional lands are required to accommodate the needs of the community.
ZONING DISTRICTS
2.
In order to carry out the intent and purpose of section 1 above, there is hereby established in The Area the
following zoning districts:
"A" AGRICULTURAL DISTRICT
2.
(1)
The "A" Agricultural District primarily provides for appropriate land in the Area's fringe for the
development of agricultural uses.
"ARR" AGRICULTURAL - RESIDENTIAL RESERVE DISTRICT
2.
(2)
The "ARR" Agricultural-Residential Reserve District primarily provides for an appropriate
amount of land, in The Area, to be maintained as agricultural land and to be readily available for
residential development.
GENERAL PROVISIONS
3.
The general provisions applying to all AGRICULTURAL DISTRICTS are contained within this PART.
Also applying to the agricultural districts are the provisions of PART I - "DEFINITIONS", PART II -
"ADMINISTRATION", and "APPENDIX A".
INTERPRETATION OF REGULATIONS
4.
In their interpretation and application, the provisions of this PART shall be held to be the minimum
requirements to satisfy the intent and purpose as set forth in section 1 of this PART.
SCOPE OF REGULATIONS
5.
(1)
The provisions to this PART shall regulate:
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
103
(a)
All structures erected hereafter;
(b)
All uses of land and structures established hereafter;
(c)
All structural alterations or relocations of existing structures occurring hereafter;
(d)
All enlargements of or additions to existing structures or uses; and
(e)
The change of use of land, buildings or structures.
USE REGULATIONS
AGRICULTURAL USE TABLE
6.
(1)
TABLE VII - I, "AGRICULTURAL USE TABLE", lists all uses that are:
(a)
"P", Permitted,
(b)
"C", Conditional, and
(c)
"-", Not Permitted
in the Agricultural Districts. All listed uses are subject to the provisions contained herein.
AGRICULTURAL USE TABLE VII-I
LEGEND: P - PERMITTED
C - CONDITIONAL
- - USE NOT PERMITTED
ZONING
DISTRICTS
USES:
"A"
"ARR"
Accessory Use, Buildings and Structures (see Section 6 of this PART)
P
P
Agricultural Specialized Uses including Nurseries, Market Gardening, Commercial
Greenhouses, Public and Private States not subject to registration under the Clean Environment
Act
P
-
Agricultural Uses including Market Gardening, Field Crops and Tame Forage Production which,
in the opinion of Council, are not obnoxious or detrimental to the public welfare
P
P
Auction Market
C
-
Cemeteries
C
-
Churches
P
-
Existing Uses legally established prior to the adoption of this By-law
P
P
Exhibition Grounds
C
-
Golf Courses
C
-
Kennel, Pounds and Animal Clubs
C
-
Livestock Production Operations in existence at this time of approval of the Development Plan
October 22nd, 1981
C
C
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
104
AGRICULTURAL USE TABLE VII-I
LEGEND: P - PERMITTED
C - CONDITIONAL
- - USE NOT PERMITTED
ZONING
DISTRICTS
USES:
"A"
"ARR"
Parks, Picnic Areas, Playgrounds owned or approved by Council
C
C
Public Utilities and Services (see PART II Section 14)
P
P
Sewage Disposal Lagoons
C
-
Signs (See Section 8.9) of this PART)
P
P
Signs, Advertising
C
-
Temporary Uses (see Section 7 of this PART and Section 5 of this PART II)
P
P
GENERAL USE REGULATIONS
6.
(2)
No land shall be used or occupied and no structure shall be erected, altered, used or occupied
hereinafter for any use in the Agricultural District, in which such land or structure is located other
than a use listed in TABLE VII - I, "AGRICULTURAL USE TABLE", with the following
exception:
(a)
Uses lawfully established prior to the effective date of this By-law.
CONDITIONAL USE
6.
(3)
Any use listed as a "CONDITIONAL USE" in TABLE VII - I shall comply with the regulations as
set forth in section 4, PART II - "ADMINISTRATION".
ACCESSORY USES, BUILDINGS AND STRUCTURES
6.
(4)
In the "A" Agricultural District accessory uses, buildings or structures shall be limited to the
following:
(a)
Farm dwelling to include only a single-family dwelling or a mobile home when on the
same site with a permitted or approved agricultural activity;
(b)
Staff dwelling, to include only a single-family dwelling, two-family dwelling, dormitory,
and mobile home when on the same site with a permitted or approved agricultural activity
and other permitted or approved uses where, in the opinion of the Council, said dwelling
is essential for the maintenance, operation and care of the permitted or approved use;
(c)
Buildings or structures for the operation and maintenance of an agricultural activity;
(d)
Storage of goods used in or produced by agricultural activities on the same site with such
activities, unless such storage is excluded by the zoning district regulations;
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
105
(e)
A private garage, carport, covered patio, toolhouse, shed, and other similar buildings for
the storage of domestic equipment and supplies;
(f)
Incinerators and individual sewage disposal systems, subject to the authority having
jurisdiction;
(g)
Home Occupations;
(h)
Signs as permitted and regulated in Section 8. (9) of this PART.
6.
(5)
In the "ARR" Agricultural-Residential Reserve District, accessory uses, buildings and structures
shall be limited to the following:
(a)
Buildings or structures for the operation and maintenance of an agricultural activity;
(b)
Incinerators subject to the approval of the authority having jurisdiction;
(c)
Storage of goods used in or produced by agricultural activities;
(d)
Home Occupations;
(e)
Signs as permitted and regulated in Section 8. (9) of this PART.
(f)
Existing Farm Dwellings and Staff Housing related to the agricultural activity;
(g)
An existing garage, carport, covered patio, tool-house, shed, and other similar buildings
for the storage of domestic equipment and supplies;
TEMPORARY BUILDINGS AND USES
7.
(1)
The provisions of this Section shall apply to the Agricultural Districts.
MAY BE PERMITTED
7.
(2)
Temporary buildings, structures and uses for construction materials or equipment, both incidental
and necessary to construction in the same zoning district may be permitted on a temporary basis
subject to the issuance of a development permit.
TERMS AND CONDITIONS
7.
(3)
A development permit for a temporary building, structure or use shall be subject to such terms and
conditions as required by Council or the Development Officer.
VALIDATION PERIOD
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
106
7.
(4)
Each development permit issued for a temporary building, structure or use shall be valid for a
period of not more than six (6) months and may not be renewed for more than two (2) successive
periods at the same location.
SIZE OF BUILDINGS
7.
(5)
In all cases, temporary buildings and structures shall not exceed 1000 square feet in floor area and
one (1) storey or 15 feet in height, and:
(a)
May be used as an office space for the contractor or developer;
(b)
Shall not be used for human habitation, except as temporary accommodation for a
caretaker or watchman; and
(c)
Shall not be detrimental to the public health, safety, convenience and general welfare.
BULK REGULATIONS
8.
(1)
The Agricultural bulk regulations shall be as set forth in TABLE VII - II, AGRICULTURAL
BULK TABLE.
AGRICULTURAL BULK TABLE VII-II
PERMITTED OR
CONDITIONAL
USE
ZONING
DISTRICTS
REQUIREMENTS
MINIMUM
MAXIMUM
a
Site
Area
(a.c.)
Site
Width
(ft.)
b
Front
Yard
(ft.)
b
Side
Yard
(ft.)
b
Rear
Yard
(ft.)
Height
(ft.)
Site
Coverage
%
Accessory Use,
Buildings and
Structures, c
A
ARR
125
15
10
20
N/A
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
107
AGRICULTURAL BULK TABLE VII-II
PERMITTED OR
CONDITIONAL
USE
ZONING
DISTRICTS
REQUIREMENTS
MINIMUM
MAXIMUM
a
Site
Area
(a.c.)
Site
Width
(ft.)
b
Front
Yard
(ft.)
b
Side
Yard
(ft.)
b
Rear
Yard
(ft.)
Height
(ft.)
Site
Coverage
%
Agricultural
Specialized Uses
Including
Nurseries,
Commercial
Greenhouses,
Public and Private
Stables not subject
to registration
under the Clean
Environment Act
A
5
300
125
15
15
35
N/A
Agricultural
Specialized use:
Market Gardening
A
5
300
125
15
15
30
N/A
ARR
40
660
125
15
15
N/A
N/A
Auction Market
A
2
150
40
15
15
35
70
Cemetery
A
2
150
25
15
25
N/A
60
Churches and
Church Halls
A
0.5
100
30
15
25
35
50
Exhibition
Grounds
A
5
300
40
15
25
35
70
Existing Single-
Family Dwellings
ARR
15000
Sq.Ft.
100
30
15
25
30
N/A
Golf Courses
A
50
575
40
15
15
35
N/A
Kennels, Pound
and Animal
Clubs
A
4
250
40
15
25
30
70
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
108
AGRICULTURAL BULK TABLE VII-II
PERMITTED OR
CONDITIONAL
USE
ZONING
DISTRICTS
REQUIREMENTS
MINIMUM
MAXIMUM
a
Site
Area
(a.c.)
Site
Width
(ft.)
b
Front
Yard
(ft.)
b
Side
Yard
(ft.)
b
Rear
Yard
(ft.)
Height
(ft.)
Site
Coverage
%
Livestock
Production
operations in
existence at the
time of approval
of the Develop-
ment Plan
October 22, 1981
A
ARR
40
660
125
15
25
30
N/A
Parks, Picnic
Areas,
Playgrounds
owned or
approved by
Council
A
ARR
0.5
100
30
15
25
30
50
Public Utilities
and Services
A
ARR
5000
Sq.Ft.
50
30
15
25
30
20
Sewage
Disposal
Lagoon
A
3
300
125
50
50
30
35
Other Permitted
and Conditional
Uses
A
ARR
1.5
200
125
15
25
30
45
Explanations and Exceptions to the Bulk Requirements Table VII - II are as follows:
(a)
The site area shall be as required in the TABLE or as required by the Health Inspector, whichever
is greater.
(b)
Buildings, structures, and hedges adjacent to Provincial Trunk Highway No. 5 and also its
intersection with Provincial Road 351 shall have a setback in accordance with the regulations of
the Highway Protection Act or as varied by the Highway Traffic Board.
(c)
Notwithstanding anything herein, no detached accessory building for agricultural use shall be
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
109
located closer than twenty (20) feet to any single-family dwelling.
RETENTION OF BULK REGULATIONS
8.
(2)
It shall be a continuing obligation of the owner to maintain the minimum site area, yards and other
open spaces required herein for any use as long as it remains in existence. Furthermore, the
minimum site area, yards and other open spaces allocated to a use as per requirements of this by-
law shall not by virtue of change of ownership, or for any other reason, be used to satisfy the yard,
other open space, or minimum site area requirements for any other use on another site.
SUBDIVIDING LAND
8.
(3)
No parcel of land shall hereafter be divided into sites, unless each site conforms with the
regulations set forth in TABLE VII - II.
LOT SIZE REQUIREMENTS
8.
(4)
The site size requirements shall be as set forth in TABLE VII - II, except as provided in Section
11, PART II, "ADMINISTRATION".
AREA AND YARD REQUIREMENTS
8.
(5)
Except as herein provided, the following special provisions shall apply in all zoning districts of
this PART to ensure adequate site and yard requirements:
(a)
For the purpose of side yard regulations, a semi-detached two-family dwelling, a row-
house or a multiple-family dwelling with common party walls shall be considered as one
(1) building occupying one (1) site.
(b)
Where a site is occupied for a use permitted in a district and has no buildings or structures
thereon, the required yards for the zoning district within it is located shall be provided and
maintained except in the case of the sites located in the "A" and "ARR" Districts.
(c)
No building or structure shall be permitted on a corner site when such building or
structure is to be oriented in such a manner as to reduce the front yard requirement on the
street on which such corner site has its site frontage at the time this Zoning By-law
becomes effective.
(d)
The yard requirements shall be as set forth in the BULK TABLES of this PART.
(e)
Required yards provided for a building or structure, existing on the effective date of this
Zoning By-law or amendments thereto, shall not be reduced, or further reduced, if already
less than the minimum requirements of this PART.
(f)
All required yards and other open space required for any use shall be located on the same
site as the use.
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
110
PROJECTIONS INTO REQUIRED YARDS
8.
(6)
Required yards shall be provided and maintained in accordance with the provisions of Section 8.
(5) and shall be unobstructed from ground level to the sky, except as set forth in the BULK
TABLES of this PART and as follows:
(a)
Eaves may project into any required front, side or rear yard, a distance of not more than
three (3) feet, provided that in no case shall an eave project within three (3) feet of a side
site line. Chimneys may project into a required front, side or rear yard not more than
three (3) feet, provided the width of such side yard is not reduced to less than three (3)
feet.
(b)
Fire escapes may extend or project into any required front, side or rear yard not more than
four (4) feet.
(c)
Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or
project into a required rear yard not more than five (5) feet and such balconies may
extend into a required front yard not more than thirty (30) inches.
(d)
Open, unenclosed porches, platforms, not covered by a roof or canopy, which do not
extend above the level of the first storey of the building, may extend or project into any
required front, side or rear yard not more than twelve (12) feet provided the width of a
required side yard is not reduced to less than three (3) feet.
(e)
Except as provided for in the Bulk Regulations of the Agricultural Districts, open-work
ornamental fences, uncovered walks, arbors, trellises, lighting fixtures, landscape
architectural features or guard railing, for safety protection around depressed ramps, may
be located in any required front yard if maintained at a height of not more than three and
one-half (3-1/2) feet above the average ground level adjacent thereto. An open-work type
railing not more than three and one half (3-1/2) feet in height may be installed or
constructed on any balcony, stairway, porch, platform or landing place mentioned above
in subsection (c) and (d).
(f)
Except as provided for in the Bulk Regulation of the Agricultural Districts, fences, hedges
and lamp posts shall not exceed a height of six (6) feet above finished grade except in the
case of fences required under various Government Department Regulations. A fence or
hedge shall be permitted in any required front yard in which case the height shall not
exceed three and one-half (3-1/2) feet.
(g)
Landscape features, such as trees, shrubs, flowers or plants, shall be permitted in any
required front, side or rear yard provided they do not produce a hedge effect contrary to
the provisions of subsection (f) above.
(h)
Name plates, signs, as permitted and regulated in this PART, or signs for lease or rental of
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
111
the premises on which they are located, as permitted in this PART, shall be allowed in
any required front, side, or rear yard.
(i)
Open work ornamental fences, hedges, landscape architectural features or guard rails,
however, shall not be located and maintained so as to preclude complete access at all
times about a main building. Gates or other suitable openings at least two and one-half
(2-1/2) feet in width shall be deemed adequate for such access.
HEIGHT EXCEPTIONS
8.
(7)
The provisions of this PART shall not apply to limit the height of any ornamental dome, chimney,
tower, electrical or telephone transmission line, television or radio mast, steeple, water storage
tank, electrical apparatus or the mechanical operation of the building provided that no roof
structure or any space above the height limit shall be permitted for the purpose of providing usable
floor area.
ACCESSORY BUILDING AND USES PERMITTED
8.
(8)
(a)
Where this By-law provides that any premises may be used or a building or structure may
be erected or used for a purpose, the purpose includes any building or use accessory
thereof.
Accessory buildings, except as otherwise regulated in the By-law, shall be subject to the
following regulations:
(i)
Where the accessory building is attached to a main building, it shall be subject to,
and shall conform to, all regulations of this By-law applicable to the main
building.
(ii)
Detached accessory buildings shall not be located in any required yard, except a
required side or rear yard or as provided for elsewhere herein.
[
(iii)
All detached accessory buildings shall be located a minimum of ten (10) feet from
any dwelling unit. For the purpose of this By-law the ten (10) foot separation
requirement shall be considered a required yard extending from the nearest side
of the detached accessory building to the nearest wall of the dwelling unit.]
(B/L 2047)
(iv)
In no instance shall an accessory building be located within a dedicated easement
right-of-way.
(v)
No accessory building shall be erected prior to erection of the main building
except where it is necessary for the storage of the tools and materials for use
during construction of the main building.
SIGNS
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
112
SIGN REGULATIONS
8.
(9)
The regulations of this section are intended and designed to establish a minimum control of signs.
Such control is deemed essential to promote the health, safety, and general welfare by reducing
hazards to pedestrian and vehicular traffic, and by preventing unsightly and detrimental
development having a blighting influence upon residential, commercial and industrial uses.
The following shall apply in all zoning districts of this PART except wherein otherwise stated:
No signs are permitted in the AGRICULTURAL DISTRICTS except the following:
(a)
No more than one (1) illuminated or non-illuminated business or identification sign, not
exceeding thirty-two (32) square feet in sign surface area and having a height of fifteen
(15) feet shall be permitted for any building or use permitted in the Agricultural Districts.
(b)
Real estate signs not exceeding ten (10) square feet which advertise the sale, rental or
lease of a building, structure, site, or part thereof.
(c)
In the case of identifying any dwelling, there shall be note more than one (1) illuminated
or non-illuminated identification sign, not exceeding four (4) square feet in area.
(d)
All free standing signs shall be five (5) feet from site lines.
(e)
No sign or sign structures shall be erected at any location where it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign, signal or device.
(f)
No sign or sign structure shall be located in such a manner as to materially impede the
view of any street or highway intersection, or in such a manner as to materially impede
the view of the intersection of a street or highway with a railroad grade crossing.
(g)
No rotating beam or beam shall be used in connection with any sign display; nor shall any
flashing illumination resembling an emergency light be used for such purpose.
(h)
No flashing signs shall be permitted in any district without the approval of the Council.
In any event, no flashing sign shall be permitted within three hundred (300) feet of any
residential district or Provincial Roads and Provincial Trunk Highways.
(i)
All signs and sign structures shall be kept in repair and in proper state of preservation.
Signs which have become obsolete because of discontinuance of the business service or
activity, and have not been removed or relocated within thirty (30) days following such
condition, may be removed by the Town at the owner's expense.
(j)
Where a sign has two or more faces, the area of all faces shall be included in determining
the sign surface area, except that where two such faces are placed back to back and are at
no point more than two (2) feet apart from one another.
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
113
(k)
It shall be unlawful to erect or maintain any sign on, over or above any land or right-of-
way belonging to the Town unless such right is established by agreement with the Town,
and all signs shall adhere to all the setback requirements of the zoning district in which
they are located.
(l)
The placing of advertising, business or identification signs within the control lines and
circles of a Provincial Road or Provincial Trunk Highway shall require a permit from the
appropriate provincial authority.
(m)
No advertising sign or other type of display sign shall be constructed in any agricultural
district without the approval of the Council, except as otherwise stated herein.
(n)
The following signs shall not be subject to the provisions of this By-law, except wherein
otherwise noted:
(i)
Signs posted by duly constituted public authorities in the performance of their
public duties.
(ii)
Flags or emblems of a political, civic, educational or religious organization.
(iii)
Temporary signs as may be authorized by Council for not more than two months
at a time by written permit which shall show the size, shape, content, height, type
of construction and location of such signs.
(iv)
"No Trespassing" signs not exceeding three (3) square feet.
(v)
Construction signs when placed on construction sites and not exceeding twenty-
five (25) square feet.
(vi)
Signs required for direction and convenience of the public, including signs which
identify rest rooms or parking entrance or exit, not exceeding five (5) square feet
in area.
MINIMUM DWELLING SIZE
8.
(10)
The minimum floor area of a single-family dwelling, farm dwelling, staff house or mobile home
shall be six hundred (600) square feet per dwelling unit.
LIVESTOCK PRODUCTION OPERATIONS
8.
(11)
A conditional use permit shall be required for the expansion of an existing Livestock Production
Operation producing in excess of ten (10) Livestock Waste Units which shall state the use of the
land, buildings or structures and the capacity, in terms of number of animals, or the operation and
the method of waste disposal, and may require a letter of acceptance from the Environmental
Control Branch.
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
114
CATEGORY OF LIVESTOCK PRODUCT OPERATIONS REQUIRING REGISTRATION UNDER
THE CLEAN ENVIRONMENT ACT
8.
(12)
All operators of new or expanding livestock production operations falling into the following
category shall register the operation.
(a)
any operation producing in excess of ten (10) Livestock Waste Units and located within a
residential or recreation area.
LIVESTOCK WASTE UNIT OR L.W.U.
8.
(13)
TABLE OF LIVESTOCK WASTE UNITS - L.W.U. TO BE USED IN DETERMINING THE
NUMBER OF L.W.U. PRODUCED BY A LIVESTOCK PRODUCTION OPERATION.
LIVESTOCK WASTE UNIT CONVERSION TABLE
TYPE OF OPERATION
LIVESTOCK WASTE UNITS
(L.W.U.)
Dairy Cattle
1 Milk Cow
1 Milk Cow plus Dry Cows
1 Milk Cow plus Dry Cows replacement heifers, calves
1.0
1.2
1.4
Beef Cattle
1 Beef Animal of Feedlot Capacity
1 Beef Cow plus replacement heifers, calves (All year Dry lot
Capacity)
1 Beef Cow plus replacement heifers, calves (Winterlot Capacity)
1 Beef Cow plus bulls, replacement heifers, calves (Summer
pasture only)
0.36
0.7
0.42
0.28
Swine
1 Sow (Farrow-Finish) plus boars, replacement gilts, suckling
pigs to market
1 Sow (Farrow-Weanling) plus boars, replacement gilts, suckling
pigs to 40 pounds
1 Feeder Pig (40 pounds to market) Feeder Barn Capacity
2.0
0.8
0.2
Chickens
100 Laying Hens
100 Chicken Broilers
100 Hens in Breeder Flock
0.9
0.53
1.2
Turkeys
100 Turkey Broilers
0.85
Town of Carberry Zoning By-law
AGRICULTURAL DISTRICTS
115
LIVESTOCK WASTE UNIT CONVERSION TABLE
TYPE OF OPERATION
LIVESTOCK WASTE UNITS
(L.W.U.)
100 Turkey Feeders
100 Turkey Hens in Breeder Flock
1.5
2.2
Ducks
100 Ducks
1.0
Geese
100 Geese
1.1
Horses
1 Horse
0.5
Sheep
1 Ewe, plus rams, lambs
0.1
Rabbits
10 Does, plus bucks, litters
0.4
ONLY ONE MAIN BUILDING OR USE ON A SITE
8.
(14)
There shall be only one main building or one main use on a site except where otherwise stated.
MULTIPLE USES
8.
(15)
Where any land or building is used for more than one purpose, all provisions of this PART
relating to each use shall be satisfied. Where there is conflict such as in the case of site area and
site frontage, the higher or more stringent requirement shall prevail.
BUILDING REMOVAL
8.
(16)
Upon completion of removal or demolition of a building from a zoning site, the old foundation
shall be removed, any excavation shall be filled, the ground shall be levelled and the site shall be
put in a safe and sanitary condition to the satisfaction of the Development Officer.
DWELLING UNIT LOCATION WITH RESPECT TO SANITATION FACILITIES
8.
(17)
Dwelling units shall not be located within one thousand three hundred and twenty (1320) feet of a
waste disposal ground or Fifteen Hundred (1500) feet of a sewage lagoon or as recommended by
the local Health Inspector.
Town of Carberry Zoning By-law
OPEN SPACE DISTRICT
116
PART VIII - OPEN SPACE DISTRICT
INTENT AND PURPOSE
1.
The Open Space District established in this By-law is intended to provide sufficient land in suitable
locations to accommodate governmental, educational, institutional and public recreational uses in keeping
with the provisions of the Development Plan.
ZONING DISTRICT
2.
In order to carry out the intent and purpose of section 1 above, there is hereby established in The Area the
following zoning district:
(1)
"OS" Open Space District
The purpose of this zoning district is to primarily provide locations for a wide range of governmental,
educational, institutional and public recreation uses.
GENERAL PROVISIONS
3.
The general provisions applying to the OPEN SPACE DISTRICT are contained within this PART. Also
applying to this zoning district are the provisions of PART I - "DEFINITIONS", PART II -
"ADMINISTRATION", and "APPENDIX A".
INTERPRETATION OF REGULATIONS
4.
In their interpretation and application, the provisions of this PART shall be held to be the minimum
requirements to satisfy the intent and purpose as set forth in section 1 of this PART.
SCOPE OF REGULATIONS
5.
(1)
The provisions pertaining to this PART shall regulate:
(a)
All structures erected hereafter;
(b)
All uses of land and structures established hereafter;
(c)
All structural alterations or relocations of existing structures occurring hereafter;
(d)
All enlargements of, or additions to existing structures or uses; and
(e)
The change of use of land, building or structure.
Town of Carberry Zoning By-law
OPEN SPACE DISTRICT
117
USE REGULATIONS
6.
(1)
TABLE VIII - I, "OPEN SPACE USE TABLE" lists all uses that are:
(a)
"P", Permitted,
(b)
"C", Conditional, and
(c)
"-", Not Permitted
in the Open Space District. All listed uses are subject to the provisions contained herein.
OPEN SPACE USE TABLE VIII-I
LEGEND: P - PERMITTED
C - CONDITIONAL
- - USE NOT PERMITTED
ZONING
DISTRICTS
USES:
"OS"
Accessory Uses, Building and Structures (see Section 6 of this PART)
P
Arenas and Halls
P
Exhibition Grounds
P
Existing Uses legally established prior to the adoption of this By-law
P
Golf Courses
P
Hospitals
P
Medical Clinics
P
Parks, Playgrounds owned or approved by the Council
P
Public Institutions and Buildings
P
Public, Private and Parachial Schools
P
Public Utilities and Services (see PART II Section 14)
P
Residential Care Facilities including half-way type homes, rehabilitation homes, hostels, and
group foster homes providing meals, residential services, care and supervision for more than eight
children who are under the care of a child caring agency as defined by the Child Welfare Act or
for more than eight adults who may be post mentally ill, mentally retarded or otherwise
developmentally delayed
P
Senior Citizen Homes, Personal Care Homes
P
Signs (see Section 8.5 of this PART)
P
Swimming Pools, Wading Pools
P
Travel Trailer Parks
P
Temporary Uses (see Section 7 of this PART and Section 5 of PART II)
P
Town of Carberry Zoning By-law
OPEN SPACE DISTRICT
118
GENERAL USE REGULATIONS
6.
(2)
No land shall be used or occupied and no structure shall be erected, altered, used or occupied,
hereinafter for any use in the Open Space District in which such land or structure is located other
than a use listed in TABLE VIII - I, "OPEN SPACE USE TABLE", with the following exception:
(a)
Uses lawfully established prior to the effective date of this By-law.
CONDITIONAL USE
6.
(3)
Any use listed as a "CONDITIONAL USE" in TABLE VIII - I shall comply with the regulations
as set forth in section 4, PART II, "ADMINISTRATION".
ACCESSORY USES
6.
(4)
An accessory use, building, or structure includes but is not limited to the following:
(a)
Buildings or structures for the operation, maintenance, and administration of a permitted
use;
(b)
Buildings or structures incidental to a permitted use;
(c)
Staff dwelling, to include only a single-family dwelling, two-family, dormitory, or mobile
home when on the same site with a permitted or approved use where, in the opinion of
Council, said dwelling is essential for the maintenance, operation and care of the use.
(d)
Home occupations;
(e)
Signs as permitted and regulated in section 8. (4) of this PART.
TEMPORARY BUILDINGS AND USES
7.
(1)
The provisions of this Section shall apply to the Open Space District.
MAY BE PERMITTED
7.
(2)
Temporary buildings, structures and uses for construction materials or equipment, both incidental
and necessary to construction in the same zoning district may be permitted on a temporary basis
subject to the issuance of a development permit.
TERMS AND CONDITIONS
7.
(3)
A development permit for a temporary building structure or use shall be subject to such terms and
Town of Carberry Zoning By-law
OPEN SPACE DISTRICT
119
conditions as required by Council or the Development Officer.
VALIDATION PERIOD
7.
(4)
Each development permit issued for a temporary building, structure or use shall be valid for a
period of not more than six (6) months and may not be renewed for more than two (2) successive
periods at the same location.
SIZE OF BUILDINGS
7.
(5)
In all cases, temporary buildings and structures shall not exceed 1000 square feet in floor area and
one (1) storey or 15 feet in height, and:
(a)
May be used as an office space for the contractor or developer;
(b)
Shall not be used for human habitation, except as temporary accommodation for a
caretaker or watchman; and
(c)
Shall not be detrimental to the public health, safety, convenience and general welfare.
BULK REGULATIONS
OPEN SPACE BULK TABLE
8.
(1)
The Open Space bulk regulations shall be as set forth in TABLE VIII - I, OPEN SPACE BULK
TABLE.
OPEN SPACE BULK TABLE VIII-II
PERMITTED OR
CONDITIONAL
USES
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq.ft.)
Site
Width
(ft.)
a
Front
Yard
(ft.)
a
Side Yard (ft.)
a
Rear Yard
(ft.)
Height
(ft.)
Site
Coverage
(%)
interio
r
corne
r
lane
no
lane
Accessory Uses,
Buildings, and
Structures
30
15
15
10
10
20
10
Arenas and Halls
12,000
80
30
15
15
25
25
45
55
Exhibition
Grounds
87,120
300
30
25
25
25
25
N/A
60
Golf Courses
50 AC.
575
30
15
15
15
15
N/A
N/A
Town of Carberry Zoning By-law
OPEN SPACE DISTRICT
120
OPEN SPACE BULK TABLE VIII-II
PERMITTED OR
CONDITIONAL
USES
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq.ft.)
Site
Width
(ft.)
a
Front
Yard
(ft.)
a
Side Yard (ft.)
a
Rear Yard
(ft.)
Height
(ft.)
Site
Coverage
(%)
interio
r
corne
r
lane
no
lane
Hospitals
87,120
200
30
25
25
25
25
45
60
Medical Clinics
5,000
50
30
10
10e
5
10
30
40
Parks, Playgrounds
owned or approved
by Council
21,000
100
30
15
15
25
25
N/A
N/A
Public Institutions
and Buildings
10,000
80
30
15
15
25
25
45
35
Public, Private and
Parachial Schools
25,000c
125d
30
25
25
25
25
45
70
Public Utilities and
Services
5,000
50
30
15
15
15
15
30
20
Residential Care
Facilities
10,000b
70
30
15
15
25
25
40
37
Senior Citizen
Housing, Personal
Care Housing
10,000b
70
30
15
15
25
25
40
37
Swimming Pools,
Wading Pools
10,000
100
30
15
15
25
25
N/A
30
Travel
Trailer
Parks
40,000
200
30
15
15
25
25
30
62
Other Permitted
and Conditional
Uses
30,000
100
30
15
15
25
25
40
55
Explanations and Exceptions to the Bulk Requirements Table VIII - I are as follows:
(a)
Buildings, structures and hedges adjacent to Provincial Trunk Highway No. 5 and also its
intersection with Provincial Road 351 shall have a setback in accordance with the regulations of
the Highway Protection Act or as varied by the Highway Traffic Board.
(b)
Ten thousand (10000) square foot site for the first four dwelling units and one thousand (1000)
square feet for each additional dwelling unit.
(c)
A site area of twenty-five thousand (25000) square feet shall be required for each classroom or as
required by the Provincial Department of Education, whichever is greater.
Town of Carberry Zoning By-law
OPEN SPACE DISTRICT
121
(d)
A site width of one hundred and twenty-five (125) feet per classroom until a site width of three
hundred (300) feet is reached shall be required.
RETENTION OF BULK REGULATIONS
8.
(2)
It shall be a continuing obligation of the owner to maintain the minimum site area, yards and other
open spaces required herein for any use as long as it remains in existence. Furthermore, the
minimum site area, yards and other open spaces allocated to a use as per requirements of this by-
law shall not by virtue of change of ownership, or for any other reason, be used to satisfy the yard,
other open space, or minimum site area requirements for any other use on another site.
MINIMUM DWELLING SIZE
8.
(3)
The minimum size floor area of a dwelling unit accessory to a permitted use shall be four hundred
(400) square feet.
SUBDIVIDING LAND
8.
(4)
No parcel of land shall hereafter be divided into lots unless each site conforms with regulations set
forth in TABLE VIII - II.
SIGNS
SIGN REGULATIONS
8.
(5)
The regulations of this section are intended and designed to establish a minimum control of signs.
Such control is deemed essential to promote the health, safety, and general welfare by reducing
hazards to pedestrian and vehicular traffic, and by preventing unsightly and detrimental
development having a blighting influence upon residential, commercial and industrial uses.
The following signs shall apply in all zoning districts under this PART except wherein otherwise
stated:
(a)
Not more than two (2) illuminated or non-illuminated identification signs, each not
exceeding twenty-five (25) square feet in sign surface area and having a height of fifteen
(15) feet shall be permitted for any building or use.
(b)
Real Estate signs maximum of ten (10) square feet.
(c)
In the case of identifying any dwelling, there shall not be more than one (1) illuminated or
non-illuminated identification sign, not exceeding four (4) square feet in area.
(d)
Advertising signs are not permitted in the Open Space District.
Town of Carberry Zoning By-law
OPEN SPACE DISTRICT
122
(e)
No sign or sign structures shall be erected at any location where it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign, signal or device.
Free standing signs shall be five (5) feet from site lines.
(f)
No sign or sign structure shall be located in such a manner as to materially impede the
view of any street or highway intersection, or in such a manner as to materially impede
the view of the intersection of a street or highway with a railroad grade crossing.
(g)
No rotating beam or beam shall be used in connection with any sign display; nor shall any
flashing illumination resembling an emergency light be used for such purpose.
(h)
No flashing signs shall be permitted in any zoning district without the approval of the
Council. In any event, no flashing sign shall be permitted within three hundred (300) feet
of any residential district or Provincial Roads and Provincial Trunk Highways.
(i)
All signs and sign structures shall be kept in repair and in proper state of preservation.
Signs which have become obsolete because of discontinuance of the business service or
activity, and have not been removed or relocated within thirty (30) days following such
condition, may be removed by the Town at the owner's expense.
(j)
Where a sign has two or more faces, the area of all faces shall be included in determining
the sign surface area, except that where two such faces are placed back to back and are at
no point more than two (2) feet apart from one another.
(k)
It shall be unlawful to erect or maintain any sign on, over or above any land or right-of-
way belonging to the Town unless such right is established by agreement with the Town,
and all signs shall adhere to all the setback requirements of the zoning district in which
they are located.
(l)
The placing of advertising, business or identification signs within the control lines and
circles of a Provincial Road or Provincial Trunk Highway shall require a permit from the
appropriate authority.
(m)
No advertising sign or other type of display sign shall be constructed in any zoning
district without the approval of the Council, except otherwise stated herein.
(n)
The following signs shall not be subject to the provisions of this PART, except wherein
otherwise noted:
(i)
Signs posted by duly constituted public authorities in the performance of their
public duties.
(ii)
Flags or emblems of a political, civic, educational or religious organization.
(iii)
Temporary signs as may be authorized by Council for not more than two months
Town of Carberry Zoning By-law
OPEN SPACE DISTRICT
123
at a time by written permit which shall show the size, shape, content, height, type
of construction and location of such signs.
(iv)
"No Trespassing" signs not exceeding three (3) square feet.
(v)
Construction signs when placed on construction sites and not exceeding twenty-
five (25) square feet.
(vi)
Signs required for direction and convenience of the public including signs which
identify rest rooms or parking entrance or exit, not exceeding five (5) square feet
in area.
PARKING
8.
(6)
For each permitted or approved use there shall be adequate parking spaces provided for
employees and visitors to the satisfaction of Council and one parking space provided for each
dwelling unit on the same zoning site as the principal use, excluding personal care rooms.
PUBLIC BUILDING, HEIGHT
8.
(7)
Public buildings and hospitals may be erected to a height not exceeding seventy-five (75) feet
provided the minimum front, side and rear yard requirements of the zoning districts in which they
are located are increased by ten (10) percent for each increase in height of thirty (30) percent over
the limit indicated in TABLE VIII - II Open Space Bulk Table.
AREA AND YARD REQUIREMENTS
8.
(8)
Except as herein provided, the following special provisions shall apply in the zoning district under
this PART to ensure adequate site and yard requirements:
(a)
For the purpose of side yard regulations, a semi-detached two-family dwelling, a row-
house or a multiple-family dwelling with common party walls shall be considered as one
(1) building occupying one (1) site.
(b)
Where a site is occupied for a use permitted in a zoning district and has no buildings or
structures thereon, the required yards for the zoning district within which it is located
shall be provided and maintained.
(c)
No building or structure shall be permitted on a corner site when such building or
structure is to be oriented in such a manner as to reduce the front yard requirement on the
street on which such corner site has its site frontage at the time this Zoning By-law
becomes effective.
(d)
The yard requirements shall be as set forth in the BULK TABLES of this PART.
Town of Carberry Zoning By-law
OPEN SPACE DISTRICT
124
(e)
Required yards provided for a building or structure, existing on the effective date of this
Zoning By-law or amendments thereto, shall not be reduced, or further reduced, if already
less than the minimum requirements of this PART.
(f)
All yards and other open space required for any use shall be located on the same site as
the use.
PROJECTIONS INTO REQUIRED YARDS
8.
(9)
Required yards shall be provided and maintained in accordance with the provisions of Section 8.
(8) and be unobstructed from ground level to the sky, except as set forth in the BULK TABLES of
this PART and as follows:
(a)
Eaves may project into any required front, side or rear yard, a distance of not more than
three (3) feet, provided that in no case shall an eave project within three (3) feet of a side
site line. Chimneys may project into a required front, side or rear yard not more than
three (3) feet, provided the width of such side yard is not reduced to less than three (3)
feet.
(b)
Fire escapes may extend or project into any required front, side or rear yard not more than
four (4) feet.
(c)
Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or
project into a required rear yard not more than five (5) feet and such balconies may
extend into a required front yard not more than thirty (30) inches.
(d)
Open, unenclosed porches, platforms, not covered by a roof or canopy, which do not
extend above the level of the first storey of the building, may extend or project into any
required front, side or rear yard not more than twelve (12) feet provided the width of a
required side yard is not reduced to less than three (3) feet.
(e)
Except as provided for in the Bulk Regulations of this District, open-work ornamental
fences, uncovered walks, arbors, trellises, lighting fixtures, landscape architectural
features or guard railing for safety protection around depressed ramps, may be located in
any required front yard if maintained at a height of not more than three and one-half (3-
1/2) feet above the average ground level adjacent thereto. An open-work type railing not
more than three and one-half (3-1/2) feet in height may be installed or constructed on any
balcony, stairway, porch, platform or landing place mentioned above in subsections (c)
and (d).
(f)
Except as provided for in the Bulk Regulation of each District, fences, hedges and lamp
posts shall not exceed a height of six (6) feet above finished grade except in the case of
fences required under various Government Department regulations. A fence or hedge
shall be permitted in any required front yard in which case the height shall not exceed
three and one-half (3-1/2) feet.
Town of Carberry Zoning By-law
OPEN SPACE DISTRICT
125
(g)
Landscape features, such as trees, shrubs, flowers or plants, shall be permitted in any
required front, side or rear yard provided they do not produce a hedge effect contrary to
the provisions of subsection (f) above.
(h)
Name plates, signs, as permitted and regulated in this PART, or signs for lease or rental of
the premises on which they are located, as permitted in this PART, shall be allowed in
any required front, side, or rear yard.
(i)
Open-work ornamental fences, hedges, landscape architectural features or guard rails,
however, shall not be located and maintained so as to preclude complete access at all
times about a main building. Gates or other suitable openings at least two and one-half
(2-1/2) feet in width shall be deemed adequate for such access.
HEIGHT EXCEPTIONS
8.
(10)
The provisions of this PART shall not apply to limit the height of any ornamental dome, chimney,
tower, electrical or telephone transmission line, television or radio mast, steeple, water storage
tank, electrical apparatus or the mechanical operation of the building provided that no roof
structure or any space above the height limit shall be permitted for the purpose of providing usable
floor area.
ACCESSORY BUILDINGS AND USES PERMITTED
8.
(11)
Where this PART provides that any premises may be used or a building or structure may be
erected or used for a purpose, the purpose includes any building or use accessory thereof.
Accessory buildings, except as otherwise regulated in the By-law, shall be subject to the following
regulations:
(a)
Where the accessory building it attached to a main building, it shall be subject to, and
shall conform to, all regulations of this By-law applicable to the main building.
(b)
Detached accessory buildings shall not be located in any required yard, except in required
side and rear yards or as provided for elsewhere herein.
[
(c)
All detached accessory buildings shall be located a minimum of ten (10) feet from any
main building. For the purpose of this By-law the ten (10) foot separation requirement
shall be considered a required yard extending from the nearest side of the detached
accessory building to the nearest wall of the main building.] (B/L 2047)
(d)
In no instance shall an accessory building be located within a dedicated easement right-
of-way.
(e)
No accessory building shall be erected prior to erection of the main building except as
Town of Carberry Zoning By-law
OPEN SPACE DISTRICT
126
otherwise provided for herein.
NOXIOUS OR OFFENSIVE USES
8.
(12)
Notwithstanding anything herein contained, no use shall be permitted in any Open Space district
under this PART which may be noxious or offensive by reason of the emission or production of
odor, dust, refuse matter, wastes, vapour, smoke, gas, vibration or noise.
ONLY ONE MAIN BUILDING ON A SITE
8.
(13)
There shall be only one main building and one main use on a site except wherein otherwise stated.
MULTIPLE USES
8.
(14)
Where any land or building is used for more than one purpose, all provisions of this By-law
relating to each use shall be satisfied. Where there is conflict such as in the case of site area and
of frontage, the higher or more stringent requirement shall prevail.
BUILDING REMOVAL
8.
(15)
Upon completion of removal or demolition of a building from a zoning site, the old foundation
shall be removed, any excavation shall be filled, the ground shall be levelled and the site shall be
put in a safe and sanitary condition to the satisfaction of the Development Officer.
BUILDING GRADE
8.
(16) All new main buildings shall have a ground surface elevation as approved by the Development
Officer.
DWELLING UNIT LOCATION WITH RESPECT TO SANITATION FACILITIES
8.
(17)
Dwelling units shall not be located within one thousand three hundred and twenty (1320) feet of a
waste disposal ground or Fifteen Hundred (1500) feet of a sewage lagoon or as recommended by
the local Health Inspector.
TRAVEL TRAILER PARK DEVELOPMENT PROVISION
8.
(18)
All site plans for the park must be submitted to Council for their consideration and approval prior
to the issuance of a Development Permit.
"PART IX" - APPENDIX
APPENDIX "A" ZONING MAP of By-law No. 1977
TOWN OF CARBERRY
DONE AND PASSED in Council duly assembled at the Town of Carberry, Manitoba, this 20 day of
October A.D. 1983.
Mayor
Secretary-Treasurer
Received First Reading on this 23 day of June A.D. 198 3 .
Received Second Reading on this 11 day of August A.D. 198 3 .
Received Third Reading on this 20 day of October A.D. 198 3 .
RHD