Town of Churchill Zoning By-Law

Churchill, Manitoba

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot c4d5128a896c · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## ZONING BY-LAW ## BEING BY-LAW NO. 714/01 OF THE TOWN OF CHURCHILL ## Done and Passed in Council assembled this 16th day of January A.D. 2002. <!-- image --> <!-- image --> MAYOR CHIEF ADMINISTRATIVE OFFICER | Received First Reading on this | 23rd | day of October A.D. 2001. | |--------------------------------------|--------|-----------------------------| | Received Second Reading on this 16th | | day of January A.D. 2002. | | Received Third Reading on this | 16th | day of January A.D. 2002. | ## THE TOWN OF CHURCHILL ## BY -LAW NO. BEING A BY-LAW to regulate the use and development of the land within the Town of Churchill. WHEREAS Section 42(1) of The Planning Act, Chapter P80, r.S.M., 1987 provides that Zoning By-law may be enacted by the Council of a municipality; ND WHEREAS pursuant to Section 24(4) of the said Planning the Town of Churchill has by By-law adopted Development Plan; ND WHEREAS, Section 32(3) Of the same Act provides tha nina By-law shall be amended to brind it into conformit with the Development Plan; TOW THEREFORE, the Council of the Town of Churchill, in neeting duly assembled. enacts follows: ## PART ONE - SCOPE | 1. THE BY-LAW ... | | |------------------------------------------|----| | 2. INTENT ...... | 1 | | 3. RESPONSIBLE AUTHORITY ....... | | | 4. INTERPRETATION AND APPLICATION | 1 | | 5. RELATION TO OTHER BY-LAWS . . ... | 2 | | 6. ENFORCEMENT . ............. | 2 | | 7. RULES OF INTERPRETATION | | | 8. DIVISIONS OF BY-LAW | 3 | | 1. ACCESSORY BUILDING STRUCTURE OR USE.. | | | 2. ACT, THE PLANNING | | | 3. AGRICULTURAL INDUSTRIES | | | 4. AIRCRAFT LANDING AREA . . | | | 5. ALTER OR ALTERATION | | | 6. ALTERATIONS, STRUCTURAL | | | 7. AUTOMOBILE SERVICES | | | 8. AUTOMOBILE WRECKING | | | 9. BED AND BREAKFAST | | | 10. BUILDING......... | | | 11. BUILDING, HEIGHT OF | | | 12. BULK....... | | | 13. CAMPING AND TENTING GROUNDS | | | 14. CEMETERY... | | | 15. CHILD CARE SERVICES | | | 16. CHURCH... | | | 17. CONDITIONAL USE | | | 18. CONDOMINIUM...... | | | 19. CONDOMINIUM, BARE LAND | | | 20. CONDOMINIUM UNIT .... | | | 21. DEVELOPMENT...... | | | 22. DEVELOPMENT OFFICER | | | 23. DEVELOPMENT PERMIT .. | | | 24. DRIVE-IN ESTABLISHMENT | | | 25. DWELLING...... | | | 26. DWELLING UNIT ...... | | | 27. FAMILY...................... | | | 28. FINANCIAL SERVICES .............. | 8 | | 29. FITNESS CENTRE .................. | 8 | | 31. GARAGE, PRIVATE ................ | | ## TABLE OF CONTENTS ## TABLE OF CONTENTS | 32. GRADE.. | |-------------------------------| | 33. HOME OCCUPATION | | 34. HOTEL OR MOTEL | | 35. INDUSTRIAL SERVICE SHOP | | 36. JUNK YARD | | 37. KENNEL... | | 38. LANE.. | | 39. LOADING SPACE | | 40. MANUFACTURING, GENERAL | | 41. MOBILE HOME | | 42. MOBILE HOME PARK | | 43. MOBILE HOME SUBDIVISION | | 44. NON-CONFORMITY.. | | 45. PARCEL OF LAND | | 46. PARKING SPACE ... | | 47. PERSONAL SERVICES | | 48. PUBLIC UTILITIES | | 49. PREMISES.. | | 50. PROFESSIONAL SERVICES | | 51. PLANNED UNIT DEVELOPMENT: | | 52. RESIDENTIAL CARE FACILITY | | 53. RETAIL SERVICES .. | | 54. SIGN............ | | 55. SIGN SURFACE AREA | | 56. SITE... | | 57. SITE COVERAGE | | 58. SITE DIMENSIONS | | 59. SITE LINES | | 60. SITE TYPES | | 61. STOREY .. | | 62. STREET . . . | | 63. STRUCTURE | | 64. TOWNHOUSE | | 65. USE.. | | 67. VETERINARY CLINIC | | 68. YARD, REQUIRED. | ## TABLE OF CONTENTS ## PART THREE - ADMINISTRATION | 1. RESPONSIBILITIES OF COUNCIL | | |--------------------------------------------------------|----| | 2. RESPONSIBILITIES OF THE OWNER | | | 3. RESPONSIBILITIES OF THE DEVELOPMENT OFFICER | | | 4. DEVELOPMENT PERMIT | | | 5. AMENDMENTS.... | 9 | | 6. DEVELOPMENT AGREEMENTS | | | 7. CONDITIONAL USE ....... | | | 8. VARI..... | | | 9. NON-CONFORMITY ...... | | | 10. SITE REDUCED. | | | 11. AREA AND YARD REQUIREMENTS | | | 12. PLANNED UNIT DEVELOPMENT .... | 3 | | 13. ACCESSORY USES, BUILDINGS AND STRUCTURES. | 3 | | 14. ACCESSORY OFF-STREET PARKING AND LOADING. | | | .............. | | | 16. HEIGHT EXCEPTIONS ............ | | | 17. PUBLIC MONUMENTS | | | 18. PUBLIC UTILITIES AND SERVICES | | | 19. BUILDING REMOVAL | | | 20. BUILDING GRADE AND SITE DRAINAGE.. | | | 21. STREET, LANE OR ROAD FRONTAGE. | | | 22. FUTURE ROAD DEEMED EXISTING ........ | | | 23. MUNICIPAL SERVICE CONNECTION | | | 24. PARTY WALLS ..... | | | 25. LAND SUBJECT TO PERIODIC FLOODING OR EROSION | | | 26. FEE SCHEDULE .......... | | | 27. ZONING MAP . ............ | | | PART FOUR - RESIDENTIAL ZONES | | | 1. INTENTS OF ZONES . . . . . ..... | 30 | | 2. ACCESSORY BUILDINGS, STRUCTURES AND USES. | 30 | | 3. NUMBER OF PRINCIPAL BUILDINGS OR USES | 31 | | 4. PROJECTIONS INTO REQUIRED YARDS | 31 | | 5. MULTIPLE-FAMILY DEVON................... | 31 | | 6. MOBILE HOME PARK DEVELOPMENT .. . . | 32 | | 7. PARKING SPACES QU | 32 | | 8. RESIDENTIAL USES AND BULK REQUIREMENTS TABLE ON.... | 33 | ## TABLE OF CONTENTS ## PART FIVE - COMMERCIAL AND INDUSTRIAL ZONES | 1. INTENTS OF ZONES | 36 | |---------------------------------------------------------------------------------------------------------|-----------| | 2. ACCESSORY BUILDINGS, STRUCTURES AND USES. | 36 | | 3. NUMBER OF PRINCIPAL BUILDINGS OR USES | 37 | | 4. DEVELOPMENT IN REQUIRED YARDS ...... | 37 | | 5. PARKING AND LOADING REQUIREMENTS | 37 | | 6. ACCESSORY DWELLING UNIT ................. | 38 | | 7. BULK FUEL AND PROPANE - . .. | 38 | | 8. COMMERCIAL AND INDUSTRIAL USES AND BULK REQUIREMENTS TABLE THREE | 38 | | PART SIX PUBLIC AND RECREATIONAL AND LIMITED DEVELOPMENT ZONES 1. INTENT OF ZONES ..................... | ... 41 | | 2. ACCESSORY BUILDINGS, STRUCTURES AND USES .................... | 41 | | 3. PARKING AND LOADING REQUIREMENTS | 41 | | 4. PUBLIC AND RECREATIONAL AND LIMITED DEVELOPMENI USES AND BULK REQUIREMENTS TABLE FIV............ | .......42 | ## PART ONE - SCOPE ## I. THE BY-LAW - a) This By-law shall be known and may be cited as "The Towr of Churchill Zoning By-law." - b) This By-law shall be in full force and effect on the day given Third Reading by the Council of the Town of Churchill. - c) This By-law shall apply to all of the Town of Churchill. ## 2. INTENT - a) The regulations and provisions established by this By-la re deemed necessary in order to - c) Io define and limit the powers and duties of the Council and the Development Officer; and - a) Io regulate the following: - 1) All buildings and structures erected hereafter; - 11) Uses of buildings, structures and land established hereafter; 6. All alterations, demolitions or relocations of existing buildings structures occurring hereafter; 7. iv) All enlargements of existing buildings, structures or uses; and - V) All, changes in the use or intensity of use of buildings, structures and land occurring hereafter. ## 3. RESPONSIBLE AUTHORITY - a) The authority responsible for the enactment of this By-lan she Act; ahe council, in accordance with the provisions of 2. Subject to the provisions of The Act, the regulations, restrictions boundaries in this By-law may from time to time be amended or repealed. ## 4. INTERPRETATION AND APPLICATION 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. ## 5. RELATION TO OTHER BY-LAWS henever provisions of any By-law of the Town of Churchill or any other requirement of the Provincial or Federal Government impose overlapping regulations over the Loveling any of the eat see mateor entained eroin, one most restrictive or highest requirement shall govern. ## 6. ENFORCEMENT The enforcement of this By-law, or any resolution or Order enacted by Council Act or any regulation made chereunder shall be in accordance with PART VII of The Act. ## 7. RULES OF INTERPRETATION The following rules of interpretation shall apply to the text of this By-law: - a) Words, phrases and terms defined herein shall be given the defined meaning. 2. Tact are Ton of churched share be congred e The Act and in the Building, of Churchill shall be defined in such Act and By-laws. - c) Act, the Building, Meaning herent sere even ere alter different meaning. 4. tea any a ration of hive a los in techal e considered a whole unit and a fraction of less tha ive tenths (5/10) shall be disregarded 5. The term "shall" is mandatory and not permissive; the word "may" is permissive and not mandatory. 6. Words used in the singular include the plural and words used in the plural include the singular. - 9) Words used in the present tense include the future tense and words used in uture tense include the present tense. 8. The phrase "used for" includes "arranged for", "designed for", "maintained for" or "occupied for". - 1) The word "person" includes an individual, a corporation, a artnership. an incorporated association, or any other similar entity. 2. Unless the context clearly indicates the contrary, where a provisions or events connected by the conditions, Provis enter even tonnected hallen o - 1) "And" indicates the connected items, conditions, provisions or events shall apply in any combination. 4. "Or" indicates that the connected items, conditions, provisions combination. apply singly 5. the connected items, but not in combination. 6. intended a Green earned anting bite? intended extend instances circumstances character. meaning like kind ## 8. DIVISIONS OF BY-LAW This By-law is divided into PARTS. A number-lettering system has been used throughout the By-law as follows: - a) Each Part is designated by the written word "PART" ir capitals followed by a written number in upper case, hyphen and a title all in upper case letters. 2. Each Section period and has a heading sa deadnat in upper number foothat is in upper case underlined. 3. Each Subsection is designated by a lower is bracketed on the right side. case letter that 4. Each Paragraph is designated by Roman Numeral in lower case bracketed on the right side. - e) Each Clause is designated by a number that is bracketed on the right side. - f) This number-lettering system is illustrated follows: PART ONE Part Section 1. a) 1. a) i) Subsection Paragraph 1. a) i) 1) Clause 1. a) i) 1) A Subclause ## CHURCHILL ZONING BY-LAW ## PART TWO - DEFINITIONS 1. ACCESSORY BUILDING STRUCTURE OR USE: Means structure or use which is subordinate and incidental to the permitted or approved principal building or use; and is located on the same site as the principal building, or use. - ACT, THE PLANNING: Means The Planning Ac' being Chapter P80, .S.M. 1987 and all amendments and requlations theret‹ 3. AGRICULTURAL INDUSTRIES: industries that support agricultural activities including: ave on minto an uk teether, sue not any arous man a grain elevators, fertilizer plants, or bulk propane. 4. AIRCRAFT LANDING AREA: Means any area of land or water which intended for use for the landing or take-off of aircraft and any appurtenant areas which are used or intended for use for buildings or other facilities or rights-of-way, hangars and other related buildings and open spaces. 5. ALTER OR ALTERATION: non-structural change modification to an existing building, structure or use which does not increase the exterior dimensions of height and area. 6. ALTERATIONS, STRUCTURAL: construction reconstruction of supporting elements of a building or other 7. AUTOMOBILE SERVICES: Means premises used for autobody repair, gas bars, car washes and service stations. 8. AUTOMOBILE WRECKING: Means the dismantling or wrecking of used motor vehicles, trucks, heavy machinery or trailers, dismantled, partially dismantled, obsolete or wrecked vehicles, machinery or their parts. 9. BED AND BREAKFAST: Means a single detached dwelling that is owner occupied where, as an accessory use, 4 or are used to provide sleeping accommodation with breakfast to members of the travelling public for remuneration. 10. BUILDING: Means a building as defined in The Act. 11. BUILDING, HEIGHT OF: Means the total number of storeys in a vertical distance measured from grade to the and to the mean height level between eaves ## 12. BULK: Means the following: - a) The size (including height and floor area), of buildings or structures; and 2. ) The area of the site upon which a building is located, and the number of dwelling units or rooms within such buildino in relation to the area of the site; and - c) The location of exterior walls of buildings in relation to 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 relationship thereto. 13. CAMPING AND TENTING GROUNDS: Means a parcel of land planned recreational vehicles, temporary dwellings for travel, recreational and vacation 14. CEMETERY: Means land used or intended to be used for the marialen and and may include columbaria, crematoria, when operated in conjunction with the boundaries of such cemetery. 15. CHILD CARE SERVICES: provision care for remuneration or to a child apart from his or her parents or guardians for a period in any one day exceeding three (3) hours but not exceeding fourteen (14) hours: - a) Drop-in Babysitting Service: babysitting institutional building while the parents the children undertake such as shopping, activities in close proximity to the place where the child is under supervision on a temporary basis. 9. Home Day Care: Means the provision of child care services which the owner or tenant or the provision of child care services in a place of worship or religious institution. The children - ou2) or provincon are ed acid tyre tha taste an nursery school. 16. CHURCH: Means a building or premises dedicated to religious auditorium, incidentally operated by the church. 17. CONDITIONAL USE: Means the use of land or building as defined in The Act. 18. CONDOMINIUM: development established under the provisions of The Condominium Act. 19. CONDOMINIUM BARE any buildings on a condominium plan. - declaration and plan are registered. 21. DEVELOPMENT: Means development as defined in The Act. 22. DEVELOPMENT OFFICER: Means 23. DEVELOPMENT PERMII: Means a permit issued under the zoning by-law authorizing development. 24. DRIVE-IN facilities for attracting and servicing prospective customers ravelling in motor vehicles, which are driven onto the site where the customer may or may not service in the 25. DWELLING: Means a building or portion thereof designed for residential occupancy, including: - ingle-Family Dwelling: Means a detached building designer for and used by not more than one (1) family. - Two-Family Dwelling: Means a detached or semi-detached building designed for and used by no more than two families, each having exclusive occupancy of a dwelling - a building containing each unit designed for and used by not more than exclusive occupancy of a dwelling unit. each having 26. DWELLING UNIT: Means two (2) or more rooms in a building used or intended to be used by one wIth tended easedleeping and sanitary taciting purposes 27. FAMILY: Means one or more persons related by blood, marriage, relationship, or legal adoption, or a group of not more than three dwelling unit and 28. FINANCIAL SERVICES: Means a building or part of a building in which people are employed to provide financial services such trust companies, credit agencies, companies, brokers and dealers of securities and accountants. 29. FITNESS CENTRE: a building or part of a building which a person's physical well-being is enhanced including clubs, personal gyms aerobic studios. 5. exterior faces of the exterior walls mechanicals. accessory off-street parking and loading spaces are not included. 1. GAinS PRATing ned any ery but the promises up it is located for the parking or temporary storage o private passenger motor vehicles. 32. GRADE: (as polvina to the determination of buildina o structure height) Means the average level of finished groun adjoining a bullding or structure at all exterior walls, as determined by the Development Officer. ## 33. HOME OCCUPATION: Means a use which: - Is carried on in a dwelling unit or mobile home or its permitted accessory building; - Is carried on solely by the members of the family residin · the same dwelling unit or mobile home (no emplovees ar allowed) ; - " home ced des note ceed a maximum inse meters does not square meters (398 sq. ft.); - materials, indication of the home occupation or - residential building except as peovided for herein principal accessory - ·) Is not offensive of obnoxious ducreates a nuisance and emission fumes, cinders, vibrations, refuse matter or water carried waste at or beyond any site line; and - Does not cause the generation congestion in the neighbourhood. of undue traffic and 34. HOTEL OR MOTEL: Means a building or part thereof wherein is provided apartment, without cooking include but licensed beverage rooms, banquet halls, ballrooms and meeting rooms. 5. INDUSTRIAL SERVICE SHOP: Means a use where heavy equipmen and achineed such seractor and raders and farm machiners includes mineral and forest extraction operations roviding 36. JUNK YARD: Means a premises where waste or actap, matertals A junk yard automobile wrecking or dismantling yard but does 37. KENNEL: Means any premises on which more than two (2) dogs maintained, remuneration, or are kept for the purpose of sale. 38. LANE: Means a street not over thirty-three (33) feet in width. 39. LOADING SPACE: Means an off-street space or berth on the same site with a building, contiguous f building temporary commercial loading or unloading merchandise or materials, and which has to a street, lane, or other appropriate means 40. MANUFACTURING, GENERAL: transforms materials including assembly of substances component parts but does include chemical manufacturing. 41. MOBILE HOME: Means a structure transportable in one or more sections, designed to be used as a dwelling unit. 42. spaces for eaRd Met use and designed for provides medied of two or more mobile homes for lease or rent. 43. MOBILE HOME SUBDIVISION: Means a parcel of land subdivided to provide individual sites in accordance with the subdivision approval procedure under the Planning Act. 44. NON-CONFORMITY: Means a parcel of land or site, a building or structure, or a use which lawfully existed prior to the ffective date of this By-law or amendments thereto, but does lot conform to the provisions contained within this By-law o1 amendments thereto. 45. PARCEL OF LAND: Means a parcel as defined in The Act. 46. PARKING SPACE: Means an open area of land other than a street lane or an area within a structure used for the parking of 6. otherwise administering to the individual lone shops, janitorial, catering, services, photographic, and clothing rental. 48. PUBLIC UTILITIES: Means any system, works, and facilities available available at approved rates to or for the use of the general public, including: - a) Communication, by way of telephone, telegraph, wireless or television: - b) Public transportation, by bus or other vehicles; - c) Production, transmission, water, gas and electricity to the public at large, agg furnishings of - d) Collection and disposal of sewage, garbage and other waste. 49. PREMISES: Means an area of land, including a site, with or without buildings or structures. 13. professional clinics), brokers and consultants. employed for the provision \_medical services (including estate agents, insurance 51. PLANNED UNIT DEVELOPMENT: Means a planned unit development as lefined in The Act 52. RESIDENTIAL CARE FACILITY: Means the use of a building or structure or portion thereof maintained for the express or implied purpose of providing residential care or transitional to persons not related by blood or marriage to the operator, but does include a facility which is licensed or designated by the Manitoba Health Services Commission. The Provincial Governments licensing requirements 'Ace Regulation 484/88R. It sha11 include: - a) Care Home: Means a premises where care or treatment of not more than four (4) persons is provide, not including the operators; 3. Neighbourhood Care Home: Means a premises where care or but not more than eight (8) persons is provided, not including the operators; 4. District Care Home: Means a premises where care treatment of more than eight (8) but not more than twelve (12) persons is provided, not including the operators. 53. RETAIL SERVICES: Means a building or part of a building in which persons are employed in the sale of goods to customers and includes uses such as hardware, mail order, Restaurants, bakeries, clothing, groceries, office equipment, drug stores, convenience stores, appliances, electronics, books, gifts, second hand goods and may include incidental repairs. 54. SIGN: Means any writing or picture that is a structure or any thereof, or is attached to, in any other manner represented on or in a building or structure but shall not include show windows, including: - a) Advertising Signs: Means a sign directing attention to a business, commodity, elsewhere on the site where the sign is maintained. 8. associated with a activities of and on the same site as a church, community centre, school or other public uses. 9. Business Sign: Means a business, conducted sign directing attention the site maintained. - 1) Identification Sign: Means a sign that identifies th resident, business or the set to en no other inessment or busted in matio 11. such a manner structure the sign can be readily - relocated to another location, and which may include copy changed through removable characters or panels. - f) Temporary Sign: sign identifying temporary activities including construction project signs and real advertising located specific premises. 55. SIGN SURFACE AREA: Means the area enclosing the limits of excluding the necessary uprights on which it is placed. Where a sign has two or more the area of all faces shall be included in determining the area of the sign unless the faces are less than three (3) which case only the area of the larger face shall be used. 56. SITE: Means a parcel of land or a part thereof and, unless provided for elsewhere herein, that has frontage on a street is of at least sufficient size to fulfil the minimum requirements for area, dimensions and yards. 57. SITE COVERAGE: Means that part of buildings, accessory buildings, expressed percentage of the site area. 58. SITE DIMENSIONS: Means as follows: - a) Site Depth: Means the horizontal distance between the centre points in the front and rear site lines. ## 59. SITE LINES: Means as follows: - Front Site Line: Means that boundary of a site which is along an existing or designated street. - Rear Site Line: Means that boundary of a site which is nost nearly parallel to the front site line - Side Site line: Means any boundary of a site which is not a front or rear site line. - defined by foregoing te the hate torraned by the bore orange, site lines 60. SITE TYPES: Means as follows: - a) Corner Site: Means a site situated at intersection streets, the interior angle of such intersection not exceeding 135 degrees. 2. Reverse Corner Site: Means a corner site where the side site line adjacent continuation of the front site line of the first site to its rear. - c) Through Site: Means a site having a pair of opposite site two more or less parallel streets. front site line shall be determined by the Development Officer. 61. STOREY: Means the portion of any building which is situated the top any floor and the top of the floor next is no floor above it, portion between the top of such floor and the ceiling above it. 62. STREET: Means a street as defined in The Act. 63. STRUCTURE: Means anything constructed or erected which location on the ground or is attached to something having a location on the ground. 64. TOWNHOUSE: Means a one-family dwelling unit in a row of at least 3 such units in which each unit has its own front an rear access to the outside, no unit is located over anothe unit, and each unit is separated from any other unit by one r more common fire resistant walls. It shall include: - 1) Lotted Townhouses: Means each dwelling unit is situated or an individual site, the limits of which are designated or plan of subdivision registered the Land Titles Office; 9. Unlotted Townhouses: Meat site, here the bullings ate where the buildings are part of a planned unit development or a planned building group and site lines are not designated for each dwelling unit or building group. ## 65. USE: Means: - a) Any purpose for which a building or other structure or a parcel designed, arranged, intended, maintained, or occupied; or 2. Any activity, intended to be structure or on a parcel a pare of an an a Betaig of the 66. VARIANCE OR VARIATION: Means which granted. 67. VETERINARY CLINIC: Means a facility designed for the care and treatment of domestic animals, not including the horses and like, under the supervision doctor medicine. The boarding veterinary animals limited to short-term care incidental to the treatment of the animals. 68. YARD, REQUIRED: Means an open building or structure, which is unoccupied permitted herein. A required yard extends depth or width (measured from the specified in the yard requirement for the zone in which it is located. 3. Yard Required, Front: Means a yard extending along the full length of the front site line between the side site = =° 4. from the front yard rear yard. ## SITE TYPE, SITE DIMENSIONS, YARDS <!-- image --> ## PART THREE - ADMINISTRATION ## 1. RESPONSIBILITIES OF COUNCIL Subject responsible for: provisions of The Act, the Council is - a) Enacting this By-law; - b) Appointing a Development Officer; - c) Considering adoption amendments or the repeal of this By-law; rejection of proposed 4. Approving or rejecting applications for conditional uses variations, revoking approved applications as provided for in The Act; - e) Establishing a schedule of fees as provided for in section 28 of this PART. ## 2. RESPONSIBILITIES OF THE OWNER - a) The granting of a development permit, the approval of the or the inspections made by the Development Officer or Building Inspector do not relieve responsibility requirements of this By-law or of any relevant By-laws of the Town of Churchill. - b) Every owner shall be responsible for obtaining, applicable licenses relating to the buildings, plumbing, electrical, highways, required in connection with the proposed work. blasting, other permits 3. Every owner shall obtain the written approval of the Development Officer before doing variance with the approved development permit. 4. Every owner shall permit the Development Officer or Building Inspector reasonable to enter any building or premises administering or enforcing this By-Law and shall not obstruct or interfere with the Development Officer or Building duties under this By-Lawpector in the discharge of ## 3. RESPONSIBILITIES. OF THE DEVELOPMENT OFFICER ## a) Duties - issue development permits in accordance with the provisions this By-law; and - 'laterane sen the print minor variations to the requirements of this By-law as authorized by and in accordance with the provisions of The Act. ## b) Responsibilities Subject to the provisions of The Act, the Development Officer is responsible for: - 1) Administering and enforcing the provisions of this By-law; - 11) Administering enforcing provisions of The Act; and the applicable 3. i11) Taking no action n any application until al pplicable fees and charges have been paid in full ## c) Powers The Development Officer may: - 1) buildings adopted Development section; 2. i1) Enter any buildings or premises hours to this By-Law; - 111) issue development permits for the temporary use o buildings, structures land pursuant t 4. iv) Issue zoning memoranda necessary for me annistration and ento decent of this By-Law. ## d) Approval of Permits approving application for development permit: - 1) as provided for in The Act; - 11) which would result in a violation of this By-law or any other By-law the Town of Churchill; or - or any person who has failed to pay any fees due and owing to the Town of Churchill under this or any other By-law. ## 4. DEVELOPMENT PERMIT - a) No person shall erect, occupy any land, locate, relocate, repair, use or building or structure contrary to any development permit or the material furnished in support of the application. - b) An application for a development permit is required for the following: - 1) The erection, building, exception structures described in subsection c) ; 4. The enlargement, structural alteration or conversion of any building, structure or use; 5. The use or change of use of any premises, buildings or structures; 6. The construction of accessory detached buildings and than one hundred (100) feet in floor area; - V) The construction of exterior decks and patios; 8. vi) installation of specialized machinery. and equipment, such as air conditioning systems; and 9. vil) Sand, gravel or mineral extraction operations. - c) An application for a development permit is not required for the following: - 1) The and restoration of building including repainting and 12. Incidental alterations of buildings and structures; 13. The construction of sidewalks, exterior steps, fences, and similar features; 14. Tou installat ago trees edges shred planters. fountains, flagpoles, similar landscaping features; 15. The erection identification sign not (2) square feet in surface area per - Temporary signs such as posters, construction sixteen (16) square feet in surface area. notices and exceeding - The construction of accessory detached buildings and structures equal to one hundred (100) square feet in floor area. - d) A development permit shall not be required for those items specified subsection relieve the owner of the responsibility of ensuring that such items are installed in accordance with the provisions of this By-law and any other by-law of the Town of Churchill. - In addition to the requirements of any By-law of the Town Churchill provincial regulations, applications for development permits shall: - Include such other information as may be required by the Council including: - 1) existing or proposed building alterationsexisting building and land; - the she but fang is esigned to uncommodatenta - 3) conditions existing on the site; - 4) current copies of relevant titles, easements, and - certificate prepared by a Manitoba Land Surveyor; and - necessary conformanse with and provecessar the enforcement of this By-Law. - building, application. furnished in support ## 5. AMENDMENTS 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 application to amend this by-law and all required information determined by Council ## 6. DEVELOPMENT AGREEMENTS Where an application is made for the amendment of this entitled to be registered as owner of the land, building structure to which the amendment shall condition to its enactment, to enter into a development agreement the Town of Churchill in respect contiguous applicant. provisions of said agreement shall be in accordance with The ## 7. CONDITIONAL USE - a) This By-law is based upon the division of the Town into zones where the use of land, buildings and structures is compatible. There are, however, certain uses, designated Conditional Uses, which cannot properly be permitted in consideration, each case, of the impact of those uses upon neighbouring land. 2. Any owner may apply for a Conditional Use in accordance with this Section and with the provisions of The Act. 3. Where a use is classified as a Conditional Use under this By-law or amendments thereto, and exists as a legal use at the date of the adoption of an amendment to this By-law it shall be considered as a legally existing Conditional Use. 4. Any change in a Conditional Use shall be subject to the provisions of this Section and the appropriate provisions of The Act. ## 8. VARIATIONS - a) Any person may apply for a variation order, in accordance with the provisions of The Act. 2. An application for information a var determined the variate the Variation Board, shall be made to the Development Officer. ## 9. NON-CONFORMITY - a parcel does not conform to - regulations of the zone in which it is located, effective date of this By-law or amendments thereto. - Non-conforming and structures shall regulated in accordance with and subject to the provisions of The Act, unless otherwise provided for herein. - c) A non-conformity may be altered by application the variation owner council may, in upon its discretion, allow by variation order: - the structural alteration of a building containing a non-conforming use; - structural alteration building or that permitted non-conforming increase (a) the rebuilding of a structure that 1 ding or a Structure that hao Been Hee destroyed subsection 50 (3); or - extension of the under subsection limit period exceeding 12 additional months. - d) Non-conforming site or parcel of land: means any lawful site or parcel of land which does not comply with the site site width or site depth requirements 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 in the same ownership; and and did not form part of a larger contiguous holding - building structure be erected non-conforming site or parcel of land provided that: - 1) The required yards are provided as set forth in the bulk requirements of the zone in which the site or parcel of land is located; or - A variation order for such yard requirements granted. - e) Any fees shall be paid to the Development Officer for issuance certificate in accordance with section 51(4) of The Act. ## 10. SITE REDUCED · site area or site width or required yard reduced below the ninimum requirements of this By-law by virtue of: - 1) a public works, street or public utility, as set out under PART VI SUBDIVISION CONTROL of the Planning Act 01 - b) as approved by Council through the subdivision Approval shall be deemed to conform to the requirements of this ## 11. AREA AND YARD REQUIREMENTS Except as herein provided, the following provisions shall - a) Where a site is occupied for an approved or permitted use in a zone and has no buildings or structures thereon, the required yards for the zone within which it is located shall be provided and maintained. - building or structure shall be allowed 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 frontage at the time this zoning by-law become effective. 3. It shall be a continuing obligation of the owner to maintain the minimum site requirements, yards and other herein for any use so long as remains in existence. 4. shall enlarged reconstructed and no site shall be reduced in it such enlargement, reconstruction, reduction o1 will result in the violation of any provisions of 5. site dimensions provided already equal this By-law. - f) No yard or other structure provisions considered providing or open space for any coer burdings structure, use or site. ## 12. PLANNED UNIT DEVELOPMENT Barol han that parmition by the spi ate siten given requirements. - a) Planned Unit Developments shall be Conditional Uses in the Zones in which they are listed uses. 2. Required yards shall be maintained on the periphery of the parcel accordance with the applicable minimum yard requirements. - c) Densities may be increased and the yards between buildings may be reduced below the required minimum provided that spaces, landscaping and other features produce al development equal to developments existino in th Zone in which 4. Council shall consider the application for Conditional Use in light of the site plan submitted and features proposed to ensure a high standard of development. ## 13. ACCESSORY USES, BUILDINGS AND STRUCTURES - a) Any use or building that is permitted or may be approved y virtue of this By-law includes any building, structure or use accessory thereto subject to the fulfilment of all requirements contained herein. - b) Where the accessory building is attached to a principal shall be subject to, and shall conform all regulations oF this by-law applicable to the principal - 1) No detached accessory building ces to any ding pal builder accessory building on the same site or any adjoining site. - d) In no instance shall an accessory building be located within a dedicated easement right-of-way. 5. ) No accessory building shall be erected prior to erectior of the principal building except where it necessary for of the tools use during construction of the principal building. ## | 14. ACCESSORY OFF-STREET PARKING AND LOADING - a) Al1 accessory off-street parking loading coall be on serene are as and use ding areas and 2. It the calculation of the required parking spaces result in a the required parking spaces shall be next higher whole number. 3. surface of the accessory off-street RESIDENTIAL asphalt or concrete there will be no free properties or public sidewalks. surfaced onto either 4. accessory parking and loading extension, of the zone in which the building or use is located. 5. Each parking space have a vertical clearance of at least seven (7) feet from the floor or grade. - I) An accessory off-street parking space shall be ten (10) feet wide and twenty (20) feet long. ## 15. SIGNS - a) No signs 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, or any high- way or street intersection or railroad grade crossing. - b) No rotating beam or beam shall be used in connection with display; flashing illuminatior resembling an emergency light be used for such purposes. - c) No flashing signs shall be permitted in any zone without the approval of the In any event, no flashing sign shall be permitted within three hundred (300) feet on any residential zone or Provincial Roads and Provincial - d) All signs that: - 1) Are not affixed parallel to and adjoining a wall of a building or structure; or 6. Are affixed to a structure attached to the ground (including a pole) Deleted: s*&gt;1 and that, in the opinion of Council, may create an dangerous vehicles or pedestrians a minimum vertical clearance of nine (9) feet above grade. - All signs and sign structures shall be kept in repair and in proper state preservation. 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 of Churchill at the owner's expense. - f) No sign or portion thereof shall extend beyond the limits of the site on which it is located. - g) 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. - Mobile business and advertising signs shall be permitted Commercial, Industrial and Open Space/Recreation and Limited Development zones. - 1) Mobile signs shall not be permitted on public property unless otherwise approved by the Town of Churchill or its agents. - ii) A mobile sign shall be allowed on a site for a period not exceeding ninety (90) consecutive days. mobile sign shall be permitted thereafter until thirty (30) consecutive days has expired. - One (1) mobile sign shall be permitted per site, a site is occupied by more then one mobile sign shall be a maximum of three i Permitted per mobile signs provided the minimum distance between mobile signs - Mobile signs shall have a maximum sign surface area of 60 square feet. - sign shall not be located within ten (10) exit, entrance, driveway or corneares property site lines. - A minimum distance of sixty-five (65) feet between mobile signs shall be maintained at all times. - mobile sign permit issued by the Town of Churchi. s required before placing of any mobile siar - \ The following signs shall not be subject to the provision f this By-law except as otherwise stated herein - in the pered nance of Cheat pubile pulle authorities - i1) Flags emblems of a political, civic, educational or religious organization. - iii) Temporary signs as may be authorized by Council. - iv) "NO Trespassing" exceeding three identification signs (3) square feet. - 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. - Real estate signs not exceeding ten (10) square feet advertise sale, rental lease of building, structure, site, or part thereof. ## 16. HEIGHT EXCEPTIONS The provisions of this By-law shall not apply to limit the height of any ornamental dome, chimney, tower, electrical of telephone transmission line, television or radio mast, steeple, storage tank, electrical apparatus or the mechanical operation building provided hat no roof structure any space limit shall be ## 17. PUBLIC MONUMENTS in this By-law be maintenance similar structures. so interpreted as to interfere with monuments, statuary, ## 18. PUBLIC UTILITIES AND SERVICES Nothing in the By-law shall be maintenance sane arted to inter ere facilities of determined by the Development Officer, structure erected one comple When the yard and area requirements applicable to the zone. ## 19. BUILDING REMOVAL - any other building or structure or where variation order is granted made anna the re watte of this By-law applying to the zone in which located. - Upon completion of removal or demolition of a building foundation shall be removed, excavation shall be filled, ground shall be levelled and the site shall be put in a safe and sanitary conditior to the satisfaction of the Development Officer. ## 20. BUILDING GRADE AND SITE DRAINAGE All new principal buildings shall have a grade and site drainage pattern as approved by the Development Officer. ## 21. STREET... LANE OR ROAD FRONTAGE Where Council deems fit, it may permit a use of land and buildings to be constructed upon sites having frontage on a private provided intersects with a street. ## 22. FUTURE ROAD DEEMED EXISTING No building or structure shall be erected upon designated for a future road. said future road shall comply with the requirements of the By-law as if the said future road was already in existence. ## 23. MUNICIPAL SERVICE CONNECTION All principal buildings constructed a site serviced by sewer, water or hydro distribution shall be connected to such services. ## 24. PARTY WALLS - a) A building divided into units of residential, commercial or industrial uses may be subdivided along vertical party walls to permit the sale of individual units. - b) applicable side yard bulk requirements shall be considered fulfilled for those side site lines contained within the party walls. - c) The applicable site area and site width bulk requirements (including existing legal non-conforming sites) shall be considered fulfilled upon subdivision approval. ## 25. LAND SUBJECT TO PERIODIC FLOODING OR EROSION - Development of those lands shall be subject to approval of the Council, with or without conditions. - b) Any building, structure or use including those: - Designed for human habitation; - 11) Associated with high flood damage potential; Page 27 Administration - Not connected with permitted open space uses; - Consistent materially affect flood stages; us uses but that may - Jsed for storage of hazardous materials that are buoyant, flammable, explosive or may be injurious to human, animal or plant life; shall not be permitted by Council if they are potentially nazardous or may endanger life and property. - Mostlevel or to teet one humdred of the ordinary nigh distance of water mark of a waterway. - which may have waters shall be determined by Council upon recommendation the Water Resources Branch and the Environmental Operations Branch. - may request the comments from the Water Environmental Operations Branch development or detrimental effect on the water quality of the waterways or could alter, obstruct or increase flood velocities or - applicant shall, upon the request of Council, development. design of flood prevention works and evaluation of effects on flood stages and velocities. - enlargements, extensions - compliance with this section. Council shall by By-law establish a fee schedule for zoning amendments, zoning memoranda, conforming certiiicates, development permits, building permits and other appropriate documents. ## 27. ZONING MAP - a) Abbreviations mean the following: "Blk." means Block. "Pcl." means Parcel "Pt." means Part "Sec." means Section "Tp. " and "Twp. " mean Township "R" and "Rge. " "W" and "W.P.M." means West of the Principle Meridian Page 28 Administration - "P.R." means Provincial Road - "P.T.H. " means Provincial Trunk Highway - b) Boundaries indicated as approximately following: - the centre lines of railways or railway or public utility rights-of-way; - 11) the centre lines of streets, highways or lanes; - 111) lot or ownership lines; - iv) municipal limits; - the shorelines or centre-lines of creeks. shall be construed as following those lines or limits. - c) If a railway or right-of-wey shown on the zoning wap is Lawfully closed, the land formerly comprising the feature shall be included within the Zone of the land which surrounds it. 2. đ) If the said feature included a Zone boundary on its centre line, then the new zone boundary shall be the former centre line except in the case where a landowner acquires all of the closed feature adjacent to other property where the designation that applied to the other property shall apply to all that portion of the acquired feature. ## PART FOUR - RESIDENTIAL ZONES ## 1. INTENTS OF ZONES ## a) "RL". - Residential Low Density Zone This zone provides for development of a range of lowdensity residential dwellings including detached houses, duplexes and three to five- unit dwellings. ## b) "RH" - Residential High Density Zone This zone provides for the development of high-density cesidential multiple-unit buildings of over 5 units. ## c) "RMH" - Residential Mobile Home Zone zone provides for the development mobile home subdivision or park. sites in a ## 2. ACCESSORY BUILDINGS, STRUCTURES AND USES In the Residential Zones the following buildings, structures, and uses are deemed to be accessory: - a) A children's playhouse, garden house, greenhouse, summer house and private swimming pool. private 2. A private garage or carport, covered patio, toolhouse, shed and other similar buildings and structures for the storage of domestic equipment and supplies. - c) Accessory off-street parking (Section 7. of this PART). - d) Buildings and structures for the operation, maintenance and administration of park and recreation uses. - e) Signs, including only the following: - 1) One (1) identification sign per site with a maximum surface area of seven (7) square feet. 7. i1) One (1) bulletin board in conjunction with a church, school, community hall or park. - f) Home occupations (see of PART TWO) where the occupancy permit application must be accompanied by a site where materials and activities are to be located on the site. 9. In a Mobile Home Park the following accessory buildings and structures in addition to those listed above: - 1) Service building; 11. i1) Storage compound; and ## 11i) Recreational facilities. ## 4. NUMBER OF PRINCIPAL BUILDINGS OR USES - a) Not more than one (1) of the but moings or uses shall be pemoved on one pa) parcel: - 1) single-family dwelling - 11) two-family dwelling 4. Not more than one (1) mobile home shall be permitted on one (1) registered space. ## 5. PROJECTIONS INTO REQUIRED YARDS - in the front - 1) trees, shrubs and gardens. - 11) fences, walls and retaining walls. - iii) flagpoles, signs and lighting fixtures. - iv) sidewalks, driveways and parking spaces. - b) Air exchanges a minimum distance plain any ard or ye line. - The following Tong as a ng tee may core tide tige are feet in the case of principal buildings and structures and accessory buildings and structures is maintained at all times. - railings - windows, alcoves, canopies, gutters. - d) Dardwito ute Bite nuine palined they are not higher sian the site ne (1) foot above grade. ## 6. MULTIPLE-FAMILY DEVELOPMENT Residential Zones - a) A development application for multiple-family dwelling accompanied by plans drawn to scale showing the Following: 2. The location of entrance and loading points to existing proposed structures; - c) The location of all curb cuts, driveways, parking areas and loading areas, and the method of illumination; - d) The location and type of landscaping, walls, fences and screening; and 5. Typical floor plans and elevations for proposed buildings and structures. ## 7. MOBILE HOME PARK DEVELOPMENT - a) All mobile homes shall meet structural standards as determined by "Canadian Standards Association (CSA) Mobile Structural Standards" contained within the Z240 Series and all revisions thereto. - b) A mobile home park shall: - 1) Contain a minimum of ten (10) mobile home spaces; 4. i1) Have a maximum density of ten (10) mobile home spaces per acre; - 111) Contain recreational area of 600 (six hundred) square feet for each ten (10) mobile home spaces thereof (buffers cannot be considered as part of the recreational area); 6. iv) Have internal roadways a minimum of forty (40) feet surfaced with concrete of asphalt minimum roadway width of twenty-five (25) feet; - V) Maintain a landscaped buffer a minimum of twenty in width free and clear of all buildings structures around the entire perimeter of the mobile home; 8. vi) Provide, for each mobile home space: - 1) A sewer and water connection; 10. An electrical service outlet; and 11. A concrete base support for the mobile home. 12. vii) Provide street lighting to Council's specifications; 13. vili Contain administration/service building and secure storage compound; and 14. ix) tepped with view of "the ## 8. PARKING SPACES REQUIRED | USE | MINIMUM NUMBER OF PARKING SPACES REQUIRED | |--------------------------------------------------------------|----------------------------------------------------------------| | Boarding & Lodging Houses, including Medical Boarding Houses | 1.5 per 2 dwelling units | | Churches, Funeral Homes | 1 per 5 seats in the principal seating area minimum 10 spaces | | Libraries | 1 per 1000 sq. ft. of floor area | | Mobile Homes Single-Family Dwellings Two-Family Dwellings | 1 per dwelling unit | | Mobile Home Park | 1 unassigned visitor parking space per 5 dwelling units | | Multiple-Family Dwellings | 1.5 per dwelling unit (25% unassigned visitor parking spaces) | | Personal Care Home | 1 per employee plus 1 unassigned visitor space per 7 residents | | Residential Care Facility Group Child Care Facility | 1 per employee | | Schools | 1 per classroom plus 3 additional spaces | | Seniors Apartment | 1 per 2 dwelling units | ## 9. RESIDENTIAL USES AND BULK REQUIREMENIS TABLE ONE - a) Lists all uses that are "p", Permitted or "C", Conditional in the RESIDENTIAL ZONES. All listed uses are subject to the provisions contained herein. 2. The following xplanations and exceptions apply to TABI VE "RESIDENTIAL USES AND BULK REQUIREMENTS 3. a Corner side yards and side yards which accommodate arking space shall be a minimum of ten (10) feet i width. 4. Detached accessory buildings and structures shall be located to the rear of the front wall of the principal building on the site and of any adjacent principal buildings. 5. c Sidar ardalf praceetsong buildingv shall be 2 feet 6. Rear yards for garages located at the following angles to a public lane shall be as follows: 7. 45° angle or less - 2) an angle greater than 40o 5 ft 10 ft. All other accessory buildings shall have a rear yard of feet clear of all proiections. - e All bed and Breakfast establishments must have a valid licence from the Town of Churchill in order to operate. - £ The following development requirements apply: | BUILDING | ]MAXIMUM MAXIMUM | MINIMUM DWELLING UNIT 1 | |------------|--------------------|---------------------------| | | SITE COVERAGE | HEIGHT | FLOOR AREA | |--------------------------|-----------------|---------------------|--------------| | Single-Family Two-Family | 60% | 2 storeys 2 storeys | 600 sg. ft. | | Multiple-Family | 60% | 45 feet | 600 sg. ft. | | Mobile Home | 60% | N/A | 600 sg. ft. | - g The minimum site are hast ten thousand 10d a) aquational to e thousand square feet for each - site tanication scale shamed come development. applications Council may require additional information from the may be necessary for review of the proposal. - switching requirements do not apply to the transmission transformers including Manitoba Hydro substations Telephone System transmission buildings. not apply to offices, equipment and vehicle storage and parking or workshops. ## TABLE ONE ## RESIDENTIAL USES AND BULK REQUIREMENTS | PERMITTED = CONDITTONAL USES - | PERMITTED = CONDITTONAL USES - | [ZONES | SITE AREA sq.ft | SITE WIDTH | FRONT YARD | SIDE YARD YARD ft | TREAR | |----------------------------------------|----------------------------------------|-----------|-------------------|--------------|--------------|---------------------|---------| | Accessory Buildings, Uses & Structures | Accessory Buildings, Uses & Structures | PALL | N/A | N/A | | | 10° | | Bed and Breakfast ® | Bed and Breakfast ® | CIRL | 5,000 | 50 | | 5 | | | Child Care Services | Home Day Care | P ALL | 5,000 | 50 | | | | | | Group Day Care | P RH | 4,000 | 40 | | | | | | | C RL | 7,500 | 100 | | | | | Churches, Church Halls, Etc. | Churches, Church Halls, Etc. | PALL | 20,000 | 100 | | 10 | 10 | | Dwellings | Single-Family | P RL | 5,000 | 50 | 25 | 5 | 25 | | Dwellings | Two-Family | PIRL | 6,600 | 75 | 25 | 6 | 25 | | Dwellings | Three to Five Family | CIRL | 10,000₴ | 100 | | 15 | | | Dwellings | Multiple-Family | P RH | | | | | | | Dwellings | Mobile Homes | P RMH | 5,000 | 40 | 20 | 4 | 10 | | Parks, Playgrounds, Tot Lots | Parks, Playgrounds, Tot Lots | P ALL | 3,000 | 20 | 10 | 10 | 10 | | Personal Care & Senior Citizen Homes | Personal Care & Senior Citizen Homes | P RH C RL | 10,000฿ | 100 | | 15 | 25 | | Planned Unit Development | Planned Unit Development | CALL | h | h | h | h | h | | Public Utilities | Public Utilities | PALL | i | i | i | i | i | | Residential | Care Homes | P/ALL | 5,000 | 50 | 25 | 7 | 20 | | Care | Neighbourhood Homes | C/RL RH | | 75 | 25 | | 20 | | Facilities | District Homes | C&#124;RH | 17300- | 100 | 15 | | 20 | | Schools | Schools | PALL | 5 acres | N/A | N/A | N/A | N/A | ## PART FIVE - COMMERCIAL AND INDUSTRIAL ZONES ## 1. INTENTS OF ZONES ## a) "C" - COMMERCIAL ZONE This zone provides for the development of a wide variety of commercial uses concentrated in the centre of the community. ## b) "M" INDUSTRIAL ZONE industrial Thoustone Provide dude developer a anger including instrtrution and acludination utact manimum neisange ## 2. ACCESSORY BUILDINGS, STRUCTURES AND USES - a) In the Commercial and Industrial Zones the following buildings, structures, uses are deemed to be accessory: 2. An accessory dwelling unit (including those buildings and accessory as provided BART. IV, section 2.) as regulated in section 6 oF this 3. structure so used, the same owner - d) A retail or commercial permitted or approved use which is incidental to a industrial use. - e) Accessory off-street regulated in Section parking spaces as required and of this PART. - f) Signs, including: - 1) Advertising, business and identification signs; - 11) A maximum of two (2) signs per business; and 9. iii) Maximum sign surface area per business of 64 square feet; 10. sign ## 3. NUMBER OF PRINCIPAL BUILDINGS OR USES - requirements. - c) A Planned Building Group as approved by Council need not fulfil Section (1) above concerning yards. ## 4. DEVELOPMENT IN REQUIRED YARDS The following developments are permitted in the required yards: - a) Architectural features including chimneys, steps, eaves and decks; - b) Landscape features including trees, fences, lighting and signs; walls, - c) Parking and loading areas, sidewalks and driveways; - d) Outside storage of materials, but not in any front yard, yard or yard abutting a Residential or Open Space Recreational Zone; and 5. The restrictions in (d) above do not apply to the display automobiles, trailers, lawnmowers, snowmobiles, etc. ## 5. PARKING AND LOADING REQUIREMENTS - a) All required shall be located variation parking spaces located elsewhere. 2. When a building changed, the accessory provided song or are pastings be off-street parking accordance with the point of tane 3. pace want e provide for son i one de to de porting 4. Every parking or loading space shall be a minimun of nine (9) feet wide and twenty (20) feet long ## e) The following minimum requirements shall apply: | USE | MINIMUM NUMBER OF PARKING SPACES REQUIRED | |-------------------------------------------|----------------------------------------------------------------------------------------------| | | Accessory Dwelling Unit 1 per dwelling unit | | All other Uses in the "M" Industrial Zone | 1 per 1,500 square feet of building or use flo0r area but not less than one (1) space | | All other Uses in the "C" Commercial Zone | One (1) per 3,000 square feet of building or use floor area but not less than two (2) spaces | ## 6. ACCESSORY DWELLING UNIT An accessory dwelling units may be established as an accessory use to a principal commercial building and may be located: - a) To the rear of the principal use, or; - b) Above the principal use. ## 7. BULK FUEL AND PROPANE Bulk propane and oil storage buildings and structures shall not locate within one hundred and twenty five (125) feet of an established dwelling unit lother than the owner's or operator's) or as recommended by the Department of Labour. ## 8. COMMERCIAL AND INDUSTRIAL USES AND BULK REQUIREMENTS TABLE - in the COMMERCIAL and INDUSTRIAL ZONES. are subject to the provisions contained herein. - The following explanations and exceptions apply to the COMMERCIAL/ INDUSTRIAL BULK REQUIREMENTS TABLE THREE: - a The maximum site area coverage including the principal all accessory buildings and structures shall be seventy five percent (75%). - Where a site line abuts a Residential or Public and Recreational Zone, the required side yard shall be increased to a minimum ten (10) unless a solid fence or compact hedge or row of shrubbery five (5) height is provided and - 1) See section 4. d) and el of this PART re: Development in Required Yards. - 2) Buildings structures and hedges adjacent to Provincial Roads and Trunk Highways are subject to the Highway Protection and Highways Department Acts. - Gasoline pumps shall have a required front, side and rear yard of fifteen (15) feet. Bulk propane shall have a required setback from all buildings and lot lines as regulated and required by the Department of Labour. - Detached accessory buildings and structures (with the ception of gasoline pumps) shall be located to th I the front wall of the principal buildina and t the rear of the front walls of any adjacent buildings. - Bulk requirements do not apply to the transmission facilities (wires or pipes) or the associated equipment such as poles transformers and switching boxes including Manitoba Hydro Substations and Manitoba Telephone System transmission buildings since all of this apparatus may require only very small parcels or none at all (easements). This does not apply to offices, equipment or vehicle storage, parking or workshops. ## TABLE THREE | Permitted Uses Conditional Uses = | ZONES | ZONES | | SITE AREA 8g. ft | SITE FRONT" WIDTH Et YARD Et | SIDE YARD ft | REAR YARD ft | |-----------------------------------------|---------|---------|---------|--------------------|--------------------------------|----------------|----------------| | Accessory buildings uses and structures | | C M | N/A | N/A | | 2 | | | Advertising signs | | C M | N/A | N/A | | 2 | | | Agricultural industries | | M | 20,000 | 120 | 30 | 30 20 | 20 | | Amusement Enterprises | | M | 5,000 | 50 | 30 | 10 | | | Automobile, boat & trailer sales area | | C M | 20,000 | 120 | 30 | 30 | | | Automobile services | | M C | 15,000 | 100 | 30 | 30 | | | Automobile Wrecking | | | 40,000 | 150 | 30 | 30 | | | Banquet halls | UA | C | 15,000 | | 30 | 30 | | | Bulk fuel & propane | | M | 20,000 | 100 | 30 | 30 | | | Churches & Church Halls | | M | 15,000 | | 30 | 30 | | | Cleaning plants | | M | 5,000 | 50 | 30 | 10 | | | Drive-in Establishments | C | | 15,000 | 100 | 30 | 20 | | | Financial Services | P | | 5,000 | | 30 | | | | Fire & police stations | | M | | 50 | 30 | 10 | | | Fitness Centre | | C M | | 100 | 10 | 20 | | | Food processing plants | | M | | 100 | 10 | 20 | | | Hotels and Motels | | M | 20,000 | 100 | 10 | 20 | | | Industrial service shops | P | M | | 100 | 10 | 20 | | | Junk yards | | M | | 100 | 10 | 20 | | | Lodges & private clubs | C | | 5,000 | 50 | 10 | 10 | | | Lumber/contractors yards | | M | 20,000 | 200 | 30 | 20 | | | Maintenance yards | | M | 20,000 | 200 | 30 | 20 | | | Manufacturing, general | | M | 40,000 | 150 | 30 | 20 | | | Moving & storage | | M | 40,000 | 150 | 30 | 20 | | | Parks & playgrounds | | M | 5,000 | 50 | 10 | | | | Personal Services | P | M | 5,000 | 50 | 10 | | | | Plumbing & sheet metal | | M | 5,000 | 50 | 10 | | | | Services Professional | P | | 5,000 | 50 | 10 | | | | Public utilities | | | d | d | d | d | d | | Radio & Television | | | 5,000 | 50 | 10 | | 20 | | facilities Recreation facilities | | E M | 5,000 | 50 | 10 | | 20 | | Retail Services | | | 5,000 | 50 | 10 | | 20 | | Snowmobile, motorcycle, Sales area etc. | P | M | 20,000 | 100 | 30 | 10 | 20 | | Trucking terminals | | | 80, 000 | 200 | 30 | 20 | 20 | | Veterinarian | | M | 20,000 | | 20 | | 20 | | Warehouses | P. | M | | 100 | | 10 | 20 | ## COMMERCIAL AND INDUSTRIAL USES AND BULK REQUIREMENTS ## PART SIX PUBLIC AND RECREATIONAL AND LIMITED DEVELOPMENT ZONES ## 1. INTENT OF ZONES ## a) "PR" Public and Recreational Zone This zone is intended to provide for the development of ducational, institutional, public recreational and public open space uses. ## b) "ID" Limited Development Zone This opent By intendedining Preserve and retur development maintaining developing and us at would are ure development ## 2. ACCESSORY BUILDINGS, STRUCTURES AND USES n the Public and Recreational and Limited Development Zone he following buildings, structures, and uses are deemed t be accessory: - a) Buildings and structures used for operations, maintenance and administration; - b) Accessory off-street parking and loading area; - c) Signs, including: 4. identification sign, not exceeding one hundred (100) square feet in sign surface area; - 11) One (1) bulletin board; and 6. i11) Directional signs, not exceeding thirty (30) square feet in sign surface area. ## 3. PARKING AND LOADING REQUIREMENTS - a) All required permanent accessory off-street parking area: shall be located on the same site as the use served - b) Each parking and loading space shall be a minimum width o ten (10) feet and length of twenty (20) feet 3. the accessory off-street parking for the enlargement, the provisions of this section. 4. one off-street TABLE FIVE PUBLIC AND RECREATIONAL AND LIMITED DEVELOPMENT USES AND BULK REQUIREMENTS | Permitted = Conditional Uses = | | ZONE | SITE AREA sg. ft | SITE WIDTH ft | FRONT YARD ft | SIDE YARD ft | REAR YARD ft | |----------------------------------------------------|----|--------|--------------------|--------------------|--------------------|--------------------|--------------------| | Accessory Buildings, Uses and Structures | P | PR LD | N/A | N/ A | a | 5 | 5 | | Aircraft Landing Areas and Airport: Waste Disposal | C | LD | 10 acres | 250 | | 20 | | | | | PR | 40,000 | 150 | 30 | | 20 | | | | PR LD | 40,000 | 150 | 30 | | 20 | | | | LD | 40,000 | 150 | 30 | | 20 | | | P | PR LD | 40,000 | 150 | 30 | | 20 | | | C | PR LD | 10,000 | 75 | 20 | 10 | 10 | | | | PR LD | 2 acres | 200 | 30 | 20 | 20 | | Kennels | | LD | 2 acres | 200 | 30 | 20 | 20 | | Public Buildings | | PR LD | 10,000 | 75 | 20 | 10 | 10 | | Public Utilities | | PR | b | b | b | b | b | | Sewage Lagoons | P | LD LD | 5 acres &#124; N/A | 5 acres &#124; N/A | 5 acres &#124; N/A | 5 acres &#124; N/A | 5 acres &#124; N/A | | | P | PR LD | | | | | | - e) The following minimum requirements shall apply: | USE | MINIMUM NUMBER OF PARKING SPACES REQUIRED | |-------------------------------------------------------------------------------------------|-----------------------------------------------------------| | Arenas and Recreation Centers, Museums, Swimming Pools, Auditoriums, Banquet Church Halls | 1 per 4 persons that can be accommodated at any one time. | | Churches | 1 per 5 seats | ## PUBLIC AND RECREATIONAL AND LIMITED DEVELOPMENI USES AND BULK REQUIREMENIS TABLE - a) Lists all uses that "p", or "C", Conditional in the PUBLIC AND RECREATIONAL LIMITED DEVELOPMENT ZONES. All listed uses are subject to the provisions contained herein. - b) The following explanations and exceptions apply: 3. a Detached accessory buildings and structures shall be located to the rear of the front wall of the principal building and to the rear of the front walls of any adjacent principal buildings. 4. b Bulk requirements do not apply to the transmission facilities (wires or pipes) or the associated equipment such as poles, transformers and switching boxes including Manitoba Hydro Substations and Manitoba Telephone System transmission buildings since all of this apparatus may require only very small parcels or none at all (easements). This does not apply to offices, equipment or vehicle storage, parking or workshops. - The temporary nature of the buildings and uses, along with bulk requirements, shall be determined by Council.