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Village of Dunnottar
Zoning By-law 858/08
An Office Consolidation of
The Village of Dunnottar
Zoning By-law
By-law No. 858/08
[NOTICE:]
All persons making use of this Consolidation are reminded that it has no legislative sanction; that the
Amendments have been embodied only for the convenience of reference; and that the original By-law
and Amendments should be consulted for all purposes of interpreting and applying the law.
Page 2 of 105
Page 3 of 105
Table of Contents
PART 1 - INTRODUCTION .................................................................................................................. 11
1.1
INTRODUCTION ......................................................................................................................... 11
1.1.1
TITLE ..................................................................................................................................... 11
1.1.2
WHEN EFFECTIVE............................................................................................................. 11
1.1.3 AREA AFFECTED ..................................................................................................................... 11
1.1.4
INTENT AND PURPOSE ................................................................................................... 11
Contents ........................................................................................................................................... 11
1.1.5
RESPONSIBILITIES.......................................................................................................... 12
Council ............................................................................................................................................... 12
Designated Employee .................................................................................................................. 13
Planning Commission ................................................................................................................... 13
1.2
INTERPRETATION ..................................................................................................................... 14
1.2.1
BULK REQUIREMENTS .................................................................................................... 14
Bulk Tables ...................................................................................................................................... 14
Height ................................................................................................................................................ 14
Shade and Shadow ....................................................................................................................... 15
Multiple Lots as Single Zoning Site ........................................................................................ 15
Multiple Uses on a Single Zoning Site ................................................................................... 15
Multiple Zones on a Single Zoning Site ................................................................................ 16
Setback ............................................................................................................................................. 16
Site Area ........................................................................................................................................... 16
Site Coverage ................................................................................................................................. 16
Site Width ........................................................................................................................................ 17
Yards .................................................................................................................................................. 17
Projections into Yards .................................................................................................................. 18
1.2.2 MAPS .......................................................................................................................................... 19
Abbreviations .................................................................................................................................. 19
Dimensions ...................................................................................................................................... 19
Registered Plans ............................................................................................................................ 19
Zone Boundary Interpretation ................................................................................................. 19
Limits of an Incorporated Municipality .................................................................................. 19
Lot, Site or Property Lines ......................................................................................................... 20
Public Reserve ................................................................................................................................ 20
Railway or Public Utility Rights-of-Way ................................................................................ 20
Streets and Lanes Rights-of-Way ........................................................................................... 21
Watercourse, Creek or Stream ................................................................................................ 21
Zone Boundaries and Development Plan Designation .................................................... 21
1.2.3 TEXT - RULES OF CONSTRUCTION ................................................................................ 21
1.2.4 USE REGULATIONS ............................................................................................................... 22
Page 4 of 105
Multiple Uses on Single Zoning Site ....................................................................................... 22
Multiple Zones on Single Zoning Site .................................................................................... 22
Use Tables........................................................................................................................................ 23
1.2.5 VALIDITY ................................................................................................................................... 23
Development Agreement, Regulation or Legislation ....................................................... 23
Federal and Provincial Government ....................................................................................... 23
Part of Zoning By-law Rendered Invalid By Court ............................................................ 23
Violation ............................................................................................................................................ 24
PART 2 - ADMINISTRATION AND PROCEDURE .......................................................................... 25
2.1
CONDITIONAL USE .................................................................................................................. 25
2.1.1 APPLICATION FOR CONDITIONAL USE APPROVAL ................................................... 25
Application ....................................................................................................................................... 25
2.1.2 REVIEW OF APPLICATION FOR CONDITIONAL USE APPROVAL ........................... 26
Circulation ........................................................................................................................................ 26
Report to Council or Planning Commission ......................................................................... 27
Authorization of Planning Commission ................................................................................. 28
Public Hearing ................................................................................................................................. 28
2.1.3 DECISION ON APPLICATION FOR CONDITIONAL USE APPROVAL...................... 28
After the Public Hearing .............................................................................................................. 28
Approval with Conditions ........................................................................................................... 28
Notice of Decision ......................................................................................................................... 29
Appeal ................................................................................................................................................ 29
2.1.4 EXISTING CONDITIONAL USE ORDER ........................................................................... 30
Lawfully Existing Uses with Conditional Use Approval .................................................... 30
Revocation ....................................................................................................................................... 30
Lawfully Existing Use without Conditional Use Approval ............................................... 30
2.1.5 EXPIRATION OF CONDITIONAL USE APPROVAL ........................................................ 30
Expiration ......................................................................................................................................... 30
Extension .......................................................................................................................................... 31
2.2
DEVELOPMENT PERMIT .......................................................................................................... 31
2.2.1
APPLICATION FOR A DEVELOPMENT PERMIT ........................................................ 31
Development Permit Required ................................................................................................. 31
Application ....................................................................................................................................... 32
2.2.2 REVIEW OF APPLICATION FOR A DEVELOPMENT PERMIT ..................................... 34
Review Period ................................................................................................................................. 34
Circulation ........................................................................................................................................ 34
Heritage Sites ................................................................................................................................. 34
Lake Winnipeg or Other Waterbodies and Watercourses or Drainage Works ........ 35
Provincial Roads............................................................................................................................. 35
2.2.3 DECISION ON APPLICATION FOR A DEVELOPMENT PERMIT ................................ 35
After the Review ............................................................................................................................ 35
Approval with Conditions ........................................................................................................... 36
Refusal............................................................................................................................................... 37
Page 5 of 105
Duty of the Owner ........................................................................................................................ 38
2.2.4 EXISTING DEVELOPMENT PERMIT .................................................................................. 38
Development Permit Issued "Before" .................................................................................... 38
Development Permit Issued for Non-Conforming Building, Structure or Use ........ 39
Correction......................................................................................................................................... 39
Suspension or Revocation .......................................................................................................... 39
2.2.5 EXPIRATION OF DEVELOPMENT PERMIT APPROVAL ................................................ 39
2.3
ENFORCEMENT........................................................................................................................... 40
2.3.1
AUTHORITY TO INSPECT AND ENFORCE ................................................................ 40
Enter Land or Building ................................................................................................................. 40
Emergency ....................................................................................................................................... 40
2.3.2
REMEDY OR PENALTY ..................................................................................................... 41
2.4 NON-CONFORMING BUILDING, STRUCTURE OR USE ................................................ 41
2.4.1 CERTIFICATE OF NON-CONFORMITY ............................................................................. 41
2.4.2 NON-CONFORMITIES ........................................................................................................... 41
Building or Structure .................................................................................................................... 41
Non-Conforming Building or Structure ................................................................................. 41
Construction on Non-Conforming Existing Building or Structure ............................... 41
Damage to Existing Non-Conforming Building or Structure ......................................... 42
Parcel ................................................................................................................................................. 42
Use ...................................................................................................................................................... 43
2.5
SUBDIVISION ............................................................................................................................. 43
2.6
VARIANCE .................................................................................................................................... 44
2.6.1 APPLICATION FOR A VARIANCE ....................................................................................... 44
Application ....................................................................................................................................... 44
2.6.2 REVIEW OF APPLICATION FOR A VARIANCE .............................................................. 45
Report to Council or Planning Commission ......................................................................... 45
Authorization of Planning Commission ................................................................................. 45
Public Hearing ................................................................................................................................. 45
2.6.3 DECISION ON APPLICATION FOR A VARIANCE ......................................................... 46
After the Public Hearing .............................................................................................................. 46
Approval with Conditions ........................................................................................................... 46
Notice of Decision ......................................................................................................................... 47
Appeal ................................................................................................................................................ 47
2.6.4 EXISTING VARIANCE ORDER ............................................................................................ 47
Lawfully Existing Parcels or Uses with Variance Order ................................................... 47
2.6.5 EXPIRATION OF VARIANCE ORDER ................................................................................ 48
Expiration ......................................................................................................................................... 48
Extension .......................................................................................................................................... 48
2.6.6 MINOR VARIANCE ................................................................................................................. 48
Minor Variance ............................................................................................................................... 48
Shortened Process ........................................................................................................................ 48
Decision on Minor Variances ..................................................................................................... 48
Page 6 of 105
Notice of Decision ......................................................................................................................... 48
Appeal ................................................................................................................................................ 49
2.7
ZONING BY-LAW AMENDMENT ............................................................................................ 49
2.7.1
APPLICATION FOR ZONING BY-LAW AMENDMENT ............................................. 49
Application ....................................................................................................................................... 49
Council May Refuse ...................................................................................................................... 50
2.7.2 REVIEW OF APPLICATION FOR ZONING BY-LAW AMENDMENT .......................... 50
Authorization of Planning Commission ................................................................................. 50
Public Hearing ................................................................................................................................. 51
2.7.3 DECISION ON APPLICATION FOR ZONING BY-LAW AMENDMENT ..................... 51
After the Public Hearing .............................................................................................................. 51
Approval with Conditions ........................................................................................................... 51
Notice of Decision ......................................................................................................................... 52
Appeal ................................................................................................................................................ 52
2.7.4 MINOR AMENDMENT OF ZONING BY-LAW................................................................... 52
Application to Minister ................................................................................................................. 52
No Notice or Hearing Required ................................................................................................ 52
2.8
ZONING MEMORANDUM ......................................................................................................... 52
PART 3. - GENERAL PROVISIONS .................................................................................................... 53
3.1.
GENERAL PROVISION ............................................................................................................. 53
3.1.1
ACCESS AND FRONTAGE .............................................................................................. 53
Public Road ...................................................................................................................................... 53
Private Right-of-Way ................................................................................................................... 53
Seasonal Public or Private Road .............................................................................................. 54
3.1.2
ACCESSORY BUILDING, STRUCTURE AND USE ................................................... 54
Attached to Principal Building ................................................................................................... 54
Detached from Principal Building ............................................................................................ 54
Parking .............................................................................................................................................. 55
3.1.3
AIR CONDITIONING UNIT ............................................................................................. 55
3.1.4
BED AND BREAKFAST OPERATION ........................................................................... 55
Application ....................................................................................................................................... 56
Character .......................................................................................................................................... 56
Scale of Operation ........................................................................................................................ 56
3.1.5
CHILD DAY CARE SERVICE - home-based............................................................. 56
Application ....................................................................................................................................... 57
Character .......................................................................................................................................... 57
Scale of Operation ........................................................................................................................ 57
3.1.6
CONSTRUCTION ............................................................................................................... 57
Exterior Finish and Landscaping .............................................................................................. 57
Moving of Building or Structure ............................................................................................... 58
Restoration of Building or Structure to a Safe Condition............................................... 58
3.1.7
FENCE ................................................................................................................................... 58
Height ................................................................................................................................................ 58
Page 7 of 105
Materials ........................................................................................................................................... 58
3.1.8
FIRE PIT, BARBECUE AND STOVE - outdoor ......................................................... 59
3.1.9
GARAGE OR YARD SALE ................................................................................................ 59
3.1.10
GRADE .................................................................................................................................. 59
3.1.11
HAZARD LAND ................................................................................................................... 60
3.1.12
HOME-BASED BUSINESS .............................................................................................. 60
Application ....................................................................................................................................... 60
Character .......................................................................................................................................... 60
Scale of Operation ........................................................................................................................ 61
Type of Operation ......................................................................................................................... 61
3.1.13
LAND STEWARDSHIP ...................................................................................................... 62
Riparian Buffer ............................................................................................................................... 63
Sediment Traps .............................................................................................................................. 63
3.1.14
LIGHTING - on-site outdoor ......................................................................................... 64
Character .......................................................................................................................................... 64
Location ............................................................................................................................................ 64
3.1.15
MUNICIPAL SERVICES .................................................................................................... 64
3.1.16
NOXIOUS OR OFFENSIVE USES ................................................................................. 64
3.1.17
PARKING AND LOADING ............................................................................................... 64
Entrance and Exit .......................................................................................................................... 65
Fence or Landscape Buffer ........................................................................................................ 65
Grade and Surface Treatment .................................................................................................. 65
Lighting ............................................................................................................................................. 65
Location ............................................................................................................................................ 66
Number ............................................................................................................................................. 66
Size ..................................................................................................................................................... 68
Use of Parking and Loading Space ......................................................................................... 68
3.1.18
PUBLIC MONUMENT ........................................................................................................ 68
3.1.19
PUBLIC ROAD .................................................................................................................... 68
3.1.20
PUBLIC SERVICE AND UTILITY ................................................................................... 69
3.1.21
SIGN ...................................................................................................................................... 69
Character .......................................................................................................................................... 69
Location ............................................................................................................................................ 70
Maintenance or Removal ............................................................................................................ 70
Size ..................................................................................................................................................... 70
3.1.22
SIGHT TRIANGLE ............................................................................................................. 71
3.1.23
SLEEPING CABIN .............................................................................................................. 71
3.1.24
SWIMMING POOL, HOT TUB AND DECORATIVE POND ..................................... 72
Decorative Ponds........................................................................................................................... 72
Pools and Hot Tubs ....................................................................................................................... 72
Security ............................................................................................................................................. 72
3.1.25
TEMPORARY BUILDING, STRUCTURE OR USE ...................................................... 72
Temporary Building or Structure Incidental to Construction ....................................... 73
Page 8 of 105
3.1.26
TENT, TRAVEL TRAILER AND RECREATIONAL VEHICLE.................................... 73
3.1.27
VEHICLE PARKING AND STORAGE ............................................................................ 73
Large Truck...................................................................................................................................... 73
Travel Trailers and/or Recreational Vehicle ........................................................................ 73
Unlicensed Motor Vehicle ........................................................................................................... 73
Wrecked or Dismantled Motor Vehicle .................................................................................. 74
3.1.28
WASTE STORAGE AND COLLECTION AREA............................................................ 74
PART 4 - ZONES ..................................................................................................................................... 75
4.1.
COMMERCIAL ZONE (C) ......................................................................................................... 75
4.1.1
INTENT AND PURPOSE ................................................................................................... 75
4.2.
OPEN SPACE, PARKS AND RECREATION ZONE (OS) .................................................. 77
4.2.1
INTENT AND PURPOSE ................................................................................................... 77
4.3.
RESIDENTIAL ZONES (R) (RL) ............................................................................................ 79
4.3.1
INTENT AND PURPOSE ................................................................................................... 79
PART 5.0 - DEFINITIONS................................................................................................................. 82
A ............................................................................................................................................................... 82
B ............................................................................................................................................................... 83
C ............................................................................................................................................................... 84
D .............................................................................................................................................................. 85
E ............................................................................................................................................................... 85
F ............................................................................................................................................................... 86
G .............................................................................................................................................................. 87
H .............................................................................................................................................................. 88
I ................................................................................................................................................................ 89
K ............................................................................................................................................................... 89
L ............................................................................................................................................................... 89
M .............................................................................................................................................................. 91
O .............................................................................................................................................................. 91
P ............................................................................................................................................................... 92
R ............................................................................................................................................................... 94
S ............................................................................................................................................................... 95
T ............................................................................................................................................................... 98
U............................................................................................................................................................... 99
V ............................................................................................................................................................... 99
W.............................................................................................................................................................. 99
Y ............................................................................................................................................................. 100
Z ............................................................................................................................................................. 101
PART 6.0 - AMENDMENTS ................................................................................................................ 101
PART 7.0 - CONSOLIDATED ZONING MAPS .............................................................................. 102
7.1 CONSOLIDATED ZONING MAP 1 - VILLAGE OF DUNNOTTAR................................ 102
7.2 CONSOLIDATED ZONING MAP 2 - PONEMAH .............................................................. 103
7.3 CONSOLIDATED ZONING MAP 3 - WHYTEWOLD ........................................................ 104
7.4 CONSOLIDATED ZONING MAP 4 - MATLOCK ................................................................ 105
Page 9 of 105
LIST OF TABLES:
TABLE 1 - PERMITTED ENCROACHMENTS INTO REQUIRED YARDS ...................................... 18
TABLE 2 - PARKING AND LOADING ................................................................................................... 68
TABLE 3 - 4.1.2 COMMERCIAL USE AND PARKING REQUIREMENT TABLE ............................ 75
TABLE 4 - 4.1.3 COMMERCIAL ZONE BULK TABLE ....................................................................... 76
TABLE 5 - 4.2.2 OPEN SPACE, PARKS AND RECREATION ZONE USE AND PARKING
REQUIREMENT TABLE .................................................................................................................. 77
TABLE 6 - 4.2.3 OPEN SPACE, PARKS AND RECREATION ZONE BULK TABLE .................... 78
TABLE 7 -4.3.2 RESIDENTIAL ZONES USE AND PARKING REQUIREMENT TABLE .............. 79
TABLE 8 - 4.3.2 RESIDENTIAL ZONES USE AND PARKING REQUIREMENT TABLE ............ 80
TABLE 9 - 4.3.3 RESIDENTIAL ZONES BULK TABLE .................................................................... 81
Page 11 of 105
PART 1 - INTRODUCTION
1.1
INTRODUCTION
1.1.1 TITLE
This zoning by-law shall be known as "The Village of Dunnottar Zoning By-law".
1.1.2 WHEN EFFECTIVE
This zoning by-law shall be in full force and effect when it is given third reading by the Council of the
Village of Dunnottar.
1.1.3 AREA AFFECTED
This zoning by-law shall apply to all lands within the limits of the Village of Dunnottar.
1.1.4 INTENT AND PURPOSE
1.
This zoning by-law is the means by which the objectives and policies of the Village of
Dunnottar Development Plan are implemented.
2.
This zoning by-law outlines the powers and duties of the Village of Dunnottar
Council, designated employee and Planning Commission, with relation to this zoning
by-law.
3.
This zoning by-law is generally consistent with the Village of Dunnottar Development
Plan and must be generally consistent with any applicable secondary plan by-law in
effect in the Municipality, and serves to:
a)
divide the Village into zones;
b)
prescribe permitted and conditional uses for land and buildings in each zone;
c)
prescribe general development requirements for each zone; and
d)
establish procedure for applying for, and issuing development permits, non-
conforming certificates, zoning memoranda and other similar documents.
Contents
4.
A zoning by-law may contain provisions prohibiting or regulating any of the
following:
a)
the use of land;
b)
the construction or use of buildings;
c)
the dimensions and area of lots, parcels or other units of land;
d)
the number, lot coverage, floor area, yard size, dimension and location of
buildings on parcels of land;
e)
the design details of buildings and building sites and the establishment of
committees to approve design details;
Page 12 of 105
f)
the open space around and between buildings, minimum separation
distances between buildings on a site and minimum separation distances
between buildings and other buildings or uses;
g)
the cutting and removal of trees or vegetation;
h)
the location, height, type and maintenance of fences and walls;
i)
landscape and buffers between buildings and parcels of land, and between
different uses of land;
j)
the placement of pedestrian walkways;
k)
the removal, excavation, deposit or movement of sand, gravel, soil or other
material from land;
l)
the location, size and number of access points to a parcel of land from
adjoining public roads;
m)
the establishment and maintenance of parking and loading facilities;
n)
the form, type, size, contents, and manner of display of outdoor signs or
displays, including interior signs that are visible from the outdoors;
o)
the grading and elevation of land;
p)
the outdoor storage of goods, machinery, vehicles, building materials, waste
materials and other items;
q)
the number, dimensions and density of dwelling units on a parcel of land;
r)
the outdoor lighting of any building or land;
s)
waste storage and collection areas, and facilities and enclosures for storing
water and other liquids;
t)
the manner in which any use of land or a building is undertaken, including
the hours of operation and the regulation of noxious or offensive emissions
such as noise and odours;
u)
the sequence of development including commencement and completion;
v)
the provision of scenic areas, heritage resources and sensitive land;
w)
the construction, location or placement of a building on sensitive land; and
x)
the construction of a building within a specific distance of a water body or
groundwater source.
1.1.5 RESPONSIBILITIES
Council
1.
The Council of the Village of Dunnottar is reponsible for:
a)
adopting, administering and enforcing the development plan;
b)
adopting, amending, supplementing, repealing and enforcing this zoning by-
law;
c)
adopting, amending, supplementing and repealing any applicable secondary
plan in force in the Municipality;
Page 13 of 105
d)
approving or rejecting applications for conditional uses or authorizing a
Planning Commission to consider and make decisions on applications for
conditional uses or specific types of conditional uses;
e)
approving or rejecting applications to vary the requirements of this zoning
by-law, or authorizing a Planning Commission, by by-law, to consider and
make decisions on applications for variances or specific types of variances;
f)
establishing a schedule of fees and charges for development permits; and
g)
administering and enforcing provisions of The Planning Act, where
applicable.
Designated Employee
2.
Council may, by by-law, designate an employee of the Municipality to carry out the
powers or responsibities for:
a)
reviewing and approving or refusing applications for development permits;
b)
reviewing and processing applications for variances, and approving or
refusing applications for minor variances;
c)
reviewing and processing applications for conditional uses;
d)
inspecting properties and enforcing by-laws adopted under The Planning Act
that the Municipality is authorized to enforce, and the terms and conditions
of a permit, approval or order made or issued under The Planning Act;
e)
maintaining a register of applications that may be made available to any
interested person during normal office hours;
f)
maintaining this zoning by-law and amendments thereto, that may be made
available to the public during normal office hours for review and/or copying
at a fee specified by Council; and
g)
performing other such duties as may be assigned by Council or as may be
ascribed or implied elsewhere in this zoning by-law.
Planning Commission
3.
The Council of the Village of Dunnottar may establish a Planning Commission
composed of at least 3 persons appointed by Council. The Planning Commission
may consist:
a)
entirely of members of the Council;
b)
of a combination of members of the Council and other persons; or
c)
entirely of persons who are not members of the Council.
4.
The Planning Commission may be responsible for:
a)
holding public hearings and making decisions respecting applications for:
-
variances or specific types of variances; and
-
conditional uses or specific types of conditional uses; and
b)
holding public hearings to consider applications for:
Page 14 of 105
-
subdivision where the proposed subdivision will result in the creation of
a new public road;
-
adoption of a zoning by-law or secondary plan by-law or amendments
thereto; and
-
closure of public reserve land if that land is registered in the name of
the Municipality and is used as a public park or public recreation area
and has not been designated as public reserve land as a result of a
registered plan of subdivision.
1.2
INTERPRETATION
1.2.1 BULK REQUIREMENTS
Bulk Tables
1.
The bulk requirements contained herein are intended to regulate the site area and
site width of lots, and the site coverage, floor area, height and location of the
buildings and structures on the lots.
a)
Bulk requirements are in imperial units of measure.
b)
Bulk requirements shall be interpreted as minimum, except where the word
"maximum" or its abbreviation "max" is used, in which case the maximum
requirement shall apply.
Height
2.
Height, for the purposes of establishing building height, shall be calculated as the
vertical distance from finished grade to the highest point of the roof surface
excluding projections or attachments.
a)
Projections or attachments that may be excluded from height restrictions
include: chimneys, communication facilities (private), electrical or
mechanical works of buildings, elevator shafts or stairway enclosures, flag
poles, roof ornaments or lightening rods, ornamental domes (where less
than 10% of roof area and no more than 5 feet above maximum building
height), sky lights, ventilation fans and church spires or steeples, or the like.
building
FLAT ROOF
HIP OR GABLE ROOF
MANSARD ROOF
GAMBREL ROOF
SHED ROOF
average grade at
base of building
highest point
on roof surface
Page 15 of 105
Shade and Shadow
b)
Generally, new development shall be designed and constructed with
consideration of impact on neighbouring properties. The negative
consequence of shade and shadow from building development, as it pertains
to the blockage of direct sunlight by on-site buildings, can be limited by
restrictions on building size, form and location. Shadow lengths are
dependent on the height and size of the building from which it is cast and
the angle of the sun. An increase in allowable height and density results in
increased shadow lengths and widths being cast by the buildings. For these
reasons maximum building heights, as specified in the bulk table for each
zone, are established according to the correlation of site area, yard
requirements and site coverage.
Multiple Lots as Single Zoning Site
3.
Where development spans multiple lots on a registered plan and said contiguous lots
are in common ownership, said lots shall be deemed a single zoning site for
purposes of determining bulk requirements such as required yards and site
coverage.
Multiple Uses on a Single Zoning Site
4.
Where multiple permitted or conditional uses occur on a single zoning site, all
requirements of this zoning by-law for each use shall apply. Where there is conflict,
such as in the case of required site area or site width for specific uses, the more
restrictive requirement shall prevail.
Page 16 of 105
Multiple Zones on a Single Zoning Site
5.
Where a single zoning site is located within 2 or more zones, the zone boundary
shall be used for purposes of determining bulk requirements such as yard
requirements, and where there is conflict such as in the case of maximum site
coverage, the more restrictive requirement shall prevail. Where there is irregularity,
the designated employee shall determine zone boundaries.
Setback
6.
The minimum required setback shall be measured from the building, structure or
use to the specified lot line, right-of-way or zone, whichever the case may be.
Site Area
7.
Site area shall be the calculated area contained within the site lines of a zoning site.
Site Coverage
8.
Site coverage standards are designed to ensure a proper level of development on a
zoning site and deter over-development to maintain the preferred neighbourhood
character and respond to features on the zoning site. Moreover site coverage
standards are intended to promote on-site stormwater infiltration to minimize
overland drainage flow into Lake Winnipeg.
9.
Site coverage shall be calculated as the percentage of the site area which is occupied
by principal and accessory buildings and structures as measured from exterior walls.
a)
Principal and accessory buildings and structures used in the calculation
shall not include (BL 934/16):
-
decks, porches, sunrooms, verandahs or the like;
-
in-ground and above ground swimming pools where the diameter of
circular pools is 14 feet or greater, or where the diagonal dimension
of oblong or rectilinear pools is 14 feet or greater;
-
portable and temporary covered shelters which are 200 feet2 or
greater;
-
portable and temporary screen rooms (coverage shall include area
of base only); and
-
wheelchair or handicap ramps, where coverage exceeds 50 feet2.
Page 17 of 105
Site Width
10.
Site width shall be the horizontal distance between side site lines as measured at
right angles to the site depth at a point midway between the front and rear lot lines,
or at 40 feet from the front site line, whichever is the lesser.
a)
Where the 40 foot point lies within the narrow access strip of the flag lot,
and the developable portion of the flag lot satisfies the minimum site width
requirement, a variance of the site width shall not be required.
Yards
11.
Required yards shall be located on the same zoning site as the use and shall be
measured on a horizontal plane and perpendicularly from the main wall of a building
to the site line.
Discretion
a)
Required yards as listed hereunder may be reduced or determined at the
discretion of the designated employee:
Corner lot
-
Where a zoning site is a corner lot, the corner side yard shall have a
yard requirement equal to the front yard requirement; except where
it is determined that the locations of adjacent or majority of
buildings on that street are less than the yard requirement. In such
case, the setback requirement for the front yard may be reduced at
the discretion of the designated employee.
-
Means a site situated at the intersection of two (2) streets, the
interior angle of such intersection not exceeding 135 degrees (BL
934/16)
Irregular Shape Lot
-
Where a zoning site cannot be defined herein due to irregular shape,
the front, side and rear site lines shall be determined by the
designated employee for purposes of determining required yards.
40 ft
midway
midway
40 ft
Irregular Lot
Rectangular Lot
Flag Lot
Page 18 of 105
Through Lot
-
Where a zoning site is a through lot, the rear yard shall have a yard
requirement equal to the front yard requirement; except where it is
determined that the locations of adjacent or majority of buildings on
that street are less than the front yard requirement. In such case,
the setback requirement for the rear yard may be reduced at the
discretion of the designated employee.
Projections into Yards
b)
(BL 934/16) Notwithstanding required yards as specified in the bulk table for
each zone, certain structures may be permitted in required yards as listed
below, subject to compliance with sight triangle restrictions and provincial
building and fire codes. Where an item is not listed, but is similar in nature
to an item listed, encroachment into required yards may be permitted, at
the discretion of the designated employee.
Table 1 - PERMITTED PROJECTIONS INTO REQUIRED YARDS
PERMITTED PROJECTIONS INTO REQUIRED YARDS
STRUCTURE
Max Encroachment into Yard (ft)
SUBJECT TO:
Front
Side
Rear
interior
corner
awning or canopy
3
1
3
3
min 8 foot height clearance over public sidewalk
balcony
30"
0
0
4
belt course, lintel, sill or the like
1 ½
1 ½
1 ½
1 ½
chimney
3
3
3
3
min 3 foot yard
cornice, pillar or the like
1 ½
1 ½
1 ½
1 ½
driveway or the like
no limit
no min yard
eave and eaves trough
3
1
1
2
min 1 foot side yard clear of all projections
fire escape
4
4
4
4
flag pole
no limit
min 2 foot yard
landscaping features
no limit
sight triangle restrictions
patio - at grade
no limit
min 2 foot yard, except within front yard in RL
Residential Lakefront Zone (BL 941-17)
porch - unenclosed - no roof
6*
0
0
6
*except within front yard in RL Residential
Lakefront Zone (BL 941-17)
public utility poles, wires or the like
no limit
no min yard
sidewalk
no limit
no min yard
stairway-exterior, unenclosed
30"*
0
0
4
*except within front yard in RL Residential
Lakefront Zone (BL 941-17)
wheelchair ramps or the like
3*
0
0
4
*except within front yard in RL Residential
Lakefront Zone (BL 941-17)
window bay
3
1
3
3
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12.
It shall be the continuing obligation of the property owner to maintain the minimum
yard requirements in accordance with the bulk tables for each zone or as provided
by variance.
1.2.2 MAPS
Abbreviations
1.
Abbreviations within the zoning maps shall have the following meanings:
a)
"Blk" means Block;
b)
"D of S" or "DS Plan" means Director of Surveys Plan;
c)
"EPM" means East of the Principal Meridian;
d)
"Gov't Rd All'ce" means Government Road Allowance;
e)
"N/A" or "n/a" means not applicable;
f)
"N" means North;
g)
"NE 33-14-8 E" means the north-east quarter of Section 33, Township 14,
Range 8, east of the Principal Meridian, and has a similar meaning for other
sections, townships and ranges as the case may be;
h)
"Pcl" means Parcel;
i)
"Plan" means Registered Plan;
j)
"PR" means Provincial Road;
k)
"Pt" means Part;
l)
"PTH" means Provincial Trunk Highway;
m)
"Rge" means Range;
n)
"Sec" means Section; and
o)
"Twp" means Township.
Dimensions
2.
The dimensions on the zoning maps are in imperial units of measure.
Registered Plans
3.
All plan references on the zoning maps pertain to registered plans filed in the
Winnipeg Land Titles Office, or Director of Surveys Plans filed with the Director of
Surveys.
Zone Boundary Interpretation
Limits of an Incorporated Municipality
4.
Boundaries indicated as following the limits of an incorporated municipality shall be
construed as following the limits of said municipality.
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Lot, Site or Property Lines
5.
Boundaries indicated as following the lot, site or property lines on a registered plan
shall be construed as following said lot, site or property lines, or boundaries noted
as following registered limits shall be construed as following said limits.
6.
Where a zone boundary divides or splits a registered parcel of land, the disposition
of such boundary shall be determined by:
a)
dimensions indicated on the zoning maps; or
b)
by measurements directly scaled from that map; or
c)
by the designated employee where (a) and (b) are not practical.
Public Reserve
7.
Boundaries indicated as following the lot line or centre line of a public reserve shall
be construed as following the lot line or centre line of said public reserve.
8.
Notwithstanding that public reserves may be within the zone boundaries, the
regulations contained within this zoning by-law shall not apply to said public reserve.
9.
If the public reserve shown on the zoning map is lawfully closed, the land formerly
comprising the public reserve shall be included within the zone of the adjoining land;
however, if said public reserve was a zoning boundary between 2 or more different
zones, the new zoning boundary shall be the former centre line of the closed public
reserve, except where the closed public reserve is being transferred to an adjoining
owner, in which case the boundary shall follow the limits of the consolidated
property.
Railway or Public Utility Rights-of-Way
10.
Boundaries indicated as following the centre line of rail, pipeline or public utility
rights-of-way shall be construed as following the centre line of said rights-of-way.
11.
Notwithstanding that rail, pipeline and public utility rights-of-way may be within the
zone boundaries, the regulations contained within this zoning by-law shall not apply
to said rights-of-way.
12.
If a railway is abandoned, the land formerly comprising the right-of-way shall be
included within the zone of the adjoining land; however, if the said right-of-way was
a zoning boundary between 2 or more different zones, the new zoning boundary
shall be the former centre line of the right-of-way, except where the right-of-way is
being transferred to an adjoining owner, in which case the boundary shall follow the
limits of the consolidated property.
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Streets and Lanes Rights-of-Way
13.
Boundaries indicated as following the centre line of highways, streets, lanes
government road allowance rights-of-way shall be construed as following the centre
line of said rights-of-way.
14.
Where a zone boundary is broken by the name of a street, it shall be construed that
the boundary continues through the name of the street.
15.
Notwithstanding that highway, street, lane and government road allowance rights-
of-way may be within the zone boundaries, the regulations contained within this
zoning by-law shall not apply to said rights-of-way.
16.
If the highway, street, lane or government road allowance shown on the zoning map
is lawfully closed, the land formerly comprising the street, lane or government road
allowance shall be included within the zone of the adjoining land; however, if said
street, lane or government road allowance was a zoning boundary between 2 or
more different zones, the new zoning boundary shall be the former centre line of
the closed street, lane or government road allowance, except where the closed road
is being transferred to an adjoining owner, in which case the boundary shall follow
the limits of the consolidated property.
Watercourse, Creek or Stream
17.
Boundaries indicated as following the centre line of watercourses, creeks or streams
shall be construed as following the centre line of said watercourses, creeks or
streams.
18.
Boundaries indicated as following the shoreline shall be deemed to follow the
ordinary high water mark (OHWM) as identified by Manitoba Water Stewardship.
Zone Boundaries and Development Plan Designation
19.
Where a change in land use or amendment to this zoning by-law is proposed and
most, but not all of the subject property to be re-zoned falls within the appropriate
development plan designation, the subject property shall be deemed to fall within
the boundaries of the appropriate development plan designation so as not to
necessitate an amendment to the development plan.
1.2.3 TEXT - RULES OF CONSTRUCTION
1.
Words, phrases and terms defined herein shall be shown in italics and given the
defined meaning.
2.
Words, phrases and terms not defined herein but defined in The Planning Act and
the building or plumbing by-laws of the Municipality shall be construed as defined in
such Act and by-laws.
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3.
Words, phrases and terms neither defined herein nor in the building or plumbing by-
laws of the Municipality shall be given their usual and customary meaning except
where, in the opinion of Council, the context clearly indicates a different meaning.
4.
Unless the context clearly indicates the contrary, where a regulation involves 2 or
more items, conditions, provisions or events connected by the conjunction "and",
"or" or "either-or", the conjunction shall be interpreted as follows:
"and" indicates that all the connected items, conditions, provisions or events
shall apply in any combination;
"or" indicates that the connected items, conditions, provisions or events
may apply singly or in combination; and
"either-or" indicates that the connected items, conditions, provisions or
events shall apply singly, but not in combination.
5.
The word "includes" shall not limit a term to the specified examples, but is intended
to extend the meaning of all instances or circumstances of like kind or character.
6.
The word "may" is permissive and not mandatory.
7.
The word "shall" is mandatory and not permissive.
8.
The word "should" is as recommended, and not mandatory.
9.
The phrase "used for" includes "arranged for", "designed for", or "occupied for".
10.
The word "Municipality" shall refer to the Village of Dunnottar.
11.
The word "Village" shall refer to the Village of Dunnottar.
1.2.4 USE REGULATIONS
Multiple Uses on Single Zoning Site
1.
Multiple permitted or conditional uses may occur on a single zoning site, provided
each use is in compliance with applicable regulations contained herein. Where
there is conflict, such as in the case of required site area or site width for specific
uses, the more restrictive requirement shall prevail.
Multiple Zones on Single Zoning Site
2.
Where a single zoning site is located within 2 or more zones, the zone boundary
shall be considered the lot or site line for purposes of determining permitted or
conditional uses as specified in the use table for each zone. Where there is
irregularity, the designated employee shall determine zone boundaries.
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Use Tables
3.
No land, building or structure shall be used or occupied, except for the uses listed in
the Use Tables, or as may be permitted by variance.
4.
The use tables contained herein prescribe permitted and conditional uses for each
zone.
a)
Uses that are permitted are listed as "P" within the Use Tables.
b)
Uses that require conditional use approval are listed as "C" within the Use
Tables.
c)
Uses that are listed in a Use Table, but that are neither permitted nor
conditional uses within a zone are listed as "-".
1.2.5 VALIDITY
Development Agreement, Regulation or Legislation
1.
In the event of conflict between this zoning by-law and any other by-law of the
Municipality or any regulation or legislation of the federal or provincial
governments, the most restrictive requirement shall prevail; however, the
municipality is responsible for enforcing its requirements only.
2.
In the event of conflict between this zoning by-law and a development agreement
between the Municipality and a developer, the most restrictive requirement shall
prevail.
3.
Compliance with bulk requirements contained herein does not preclude compliance
with provincial and federal legislation and regulation, and national and provincial
building and fire codes.
Federal and Provincial Government
4.
The federal and provincial government are not bound or restricted by any regulation
of this zoning by-law; however, said governments are encouraged to permit only
those developments that are consistent with this zoning by-law.
Part of Zoning By-law Rendered Invalid By Court
5.
Should a court of competent jurisdiction declare any section or part of a section of
this zoning by-law invalid, the same shall not affect provisions of this zoning by-law
as a whole or any part thereof beyond that which is declared invalid.
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Violation
6.
Unless otherwise provided for herein, an existing building, structure or use which
was illegal under the provisions of the zoning by-law in force on the effective date of
this zoning by-law and amendments thereto shall not become or be made legal
soley by reason of the adoption of this zoning 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 zoning by-law, said building, structure or use remains illegal
hereunder.
Bowling Green Park
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PART 2 - ADMINISTRATION AND PROCEDURE
2.1
CONDITIONAL USE
This zoning by-law is based upon the division of the Municipality into zones, within which the use of
land, buildings and structures are substantially compatible. Uses that cannot be classified as a
permitted use in a particular zone due to their unique characteristics or potential impact upon
neighbouring land uses are classified as conditional uses. No person shall undertake a conditional use
without first obtaining approval in accordance with The Planning Act.
2.1.1 APPLICATION FOR CONDITIONAL USE APPROVAL
Application
1.
Applications for conditional use approval shall be received by the Municipality in the
form required by Council and accompanied by the application fee as established by by-
law. Applications shall not be considered to have been "received" until all information
as listed below is provided to the satisfaction of the designated employee, where
applicable and deemed necessary by same.
a)
Applicant and Property:
-
name, phone number, civic address and mailing address of owner
and/or applicant;
-
written authorization by owner of subject property, if other than
applicant;
-
civic address of subject property;
-
legal description of subject property; and
-
any relevant caveats, easements or building location certificates.
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b)
Proposed Conditional use:
-
description of proposed conditional use, and reasons upon which the
conditional use approval is requested;
-
description of potential impacts of the proposed conditional use on
the surrounding land uses and proposed means to address said
impacts; and
-
plans, drawn at a scale acceptable to the designated employee,
including:
-
floor plan(s) and elevations; and
-
site plan showing:
-
north arrow;
-
road names;
-
accessory off-street parking and loading spaces;
-
vehicle entrances and exits;
-
buildings or structures; and
-
site features including, but not limited to, lighting standards,
sidewalks, and landscape buffers or plantings.
-
where development is proposed on lakefront property:
-
current (dated within past 24 months) building location certificate and
survey showing the Lake Winnipeg Ordinary High Water Mark
(OHWM) as determined by Manitoba Water Stewardship;
-
description and location of proposed shoreline protection works, and
means of coordinating shoreline erosion protection with adjacent
properties; and
-
description and location of existing and proposed landscaping.
(c)
Additional Information:
-
additional information such as elevations and flood levels may be
required to facilitate evaluation of proposed works on groundwater
pollution hazard areas and hazard lands, or development that involves
drainage works.
2.1.2 REVIEW OF APPLICATION FOR CONDITIONAL USE APPROVAL
Circulation
1.
Applications for conditional use approval shall be circulated for review and comment,
where applicable and deemed necessary by the designated employee, as listed
hereunder.
Heritage Sites
a)
Where proposed development may affect an identified heritage site or
identified areas of high heritage resource potential, applications may be
Page 27 of 105
circulated to Manitoba Historic Resources Branch, and where applicable, to
the municipal heritage committee.
Lake Winnipeg or Other Waterbodies and Watercourses or Drainage Works
b)
Where proposed development is to be located adjacent to Lake Winnipeg or
near other waterbodies and watercourses, or is to involve drainage works,
applications may be circulated to:
-
Manitoba Conservation;
-
Manitoba Water Stewardship;
-
Department of Fisheries and Oceans; and the
-
Lake Winnipeg Shoreline Technical Committee (SETC).
Water control works, as defined in The Water Rights Act, requires application
for a Water Rights Licence.
Provincial Roads
c)
Where proposed development is to be located within the control area of
provincial roads: PR 225 (Whytewold Road), PR 232 (Matlock Road and Gimli
Road) and the Ponemah Provincial Access Road, any new, modified or
relocated access to these highways requires a permit from Manitoba
Infrastructure and Transportation. The Municipality is the jurisdiction
responsible for structure and planting setbacks adjacent to these provincial
roads.
Utility Corridors
d)
Where proposed development to be located in proximity to utility corridors,
applications may be circulated to the applicable utility: MTS Allstream Inc.,
Manitoba Hydro and Centra Gas.
Report to Council or Planning Commission
2.
Council or the Planning Commission may require that the designated employee
prepare a written report to:
a)
describe the proposed conditional use;
b)
identify potential impacts of the proposed conditional use upon:
-
the surrounding area;
-
the health and general welfare of people living and working in the
surrounding area;
-
other properties, development or potential development in the
surrounding area; and
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c)
determine whether the proposed conditional use is generally consistent with
the applicable provisions of the development plan, this zoning by-law and any
applicable secondary plan.
Authorization of Planning Commission
3.
Council may, by by-law, authorize its Planning Commission to consider and make
decisions on applications for conditional uses or specified types of conditional uses.
Public Hearing
Council or its Planning Commission must give notice and hold a public hearing to receive
representations on a proposed conditional use in accordance with The Planning Act.
2.1.3 DECISION ON APPLICATION FOR CONDITIONAL USE APPROVAL
After the Public Hearing
1.
After holding a public hearing, Council or its Planning Commission must make an order
rejecting or approving the application.
Approval with Conditions
2.
In approving an application for conditional use approval, Council or its Planning
Commission may impose conditions on the approval that are considered necessary to
ensure the conditional use:
a)
will be compatible with the general nature of the surrounding area;
b)
will not be detrimental to the health or general welfare of people living or
working in the surrounding area, or negatively affect other properties or
potential development in the surrounding area; and
c)
is generally consistent with the applicable provisions of the development plan,
this zoning by-law and any applicable secondary plan.
3.
Council or its Planning Commission may include a condition on the conditional use
order requiring that applicant/owner of the affected property enter into a
development agreement with the Municipality.
a)
The development agreement may provide that it runs with the land, and when
a caveat with a copy of such an agreement attached is filed in the appropriate
Land Titles Office, the agreement binds the owner of the land affected by it,
and the owner's heirs, executors, administrators, successors and assigns. The
agreement is not binding until the order has been made.
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b)
The development agreement may address any of the following:
-
use of the land and any existing or proposed building;
-
timing of construction of any proposed building;
-
specific safeguards to minimize or prevent emission of dust or
particulate matter, heat, glare, electromagnetic interference, odour, smoke
and the like;
-
siting and design, including exterior materials of any proposed
building;
-
provision of parking;
-
landscaping, provision of open space, grading of land and fencing;
-
construction or maintenance, at the owner's expense or partly at the
owner's expense, of works including, but not limited to, sewer and water,
waste removal, drainage, public roads, connecting streets, street lighting,
sidewalks, traffic control, access and connections to existing services; and
-
payment of a sum of money to the Municipality in lieu of the
requirement under the previous clause to be used for any of the purposes
referred to in that clause.
4.
Council or its Planning Commission may require that the applicant/owner provide an
irrevocable letter of credit in an amount determined by the municipality to secure
performance of any of the conditions of a conditional use order including a
requirement for municipal improvements related to road and drainage works, and to
protect the Municipality from future legal claims, including claims regarding
environmental contamination to water sources.
Notice of Decision
5.
Council or its Planning Commission must send a copy of its order to the applicant and
every person who made a representation at the public hearing.
Appeal
6.
The decision of Council on an application for conditional use approval is final and not
subject to appeal.
7.
The decision of the Planning Commission on an application for conditional use
approval may be subject to appeal to Council.
a)
Council must give notice and hold an appeal hearing in accordance with The
Planning Act.
b)
The appeal of the decision of the Planning Commission is a new hearing and
Council may make any decision with respect to the matter under appeal that
could have been made at the original hearing of the application.
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c)
If there is no appeal of the decision of the Planning Commission by the
deadline set out in the notice of decision, the decision is final.
2.1.4 EXISTING CONDITIONAL USE ORDER
Lawfully Existing Uses with Conditional Use Approval
1.
The enactment of this zoning by-law does not affect existing development with
conditional use approval that lawfully existed before the enactment of this zoning by-
law. Said development shall be considered as a lawfully existing conditional use.
Change to a Condition
a)
Change to a condition of an existing conditional use order may only occur by
following the same process required to approve a new conditional use.
Revocation
b)
A conditional use order may be revoked if the applicant or the owner of the
affected property fails to comply with the conditional use order or a condition
imposed in the conditional use order.
Lawfully Existing Use without Conditional Use Approval
2.
Where the enactment of this zoning by-law results in the classification of a lawfully
existing use as a conditional use, the use as is shall not require conditional use
approval, but rather shall be considered a lawfully existing non-conforming use and
shall be subject to the provisions for non-conforming uses and structures in The
Planning Act.
Change, Structural Alteration, Extension or Enlargement
a)
Change, structural alteration, extension or enlargement of said lawfully
existing non-conforming use shall require conditional use approval or variance
of the non-conforming use in accordance with The Planning Act.
2.1.5 EXPIRATION OF CONDITIONAL USE APPROVAL
Expiration
1.
Approval of a conditional use shall expire or cease to have any effect if not acted upon
within 12 months of the date of decision.
a)
Approval of a conditional use does not expire where there is a lapse of
operation of the approved conditional use for a period of more than 12
consecutive months, nor does the approval expire with the sale of the
property. The conditional use approval is valid for the property on which it
was granted.
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Extension
2.
Council or its Planning Commission may extend the expiration deadline for an
additional period not longer than 12 months if an application for extension is received
before the initial deadline.
2.2
DEVELOPMENT PERMIT
No development may take place unless a development permit has been issued in accordance with this
zoning by-law and subject to compliance with the conditions of the permit.
2.2.1 APPLICATION FOR A DEVELOPMENT PERMIT
Development Permit Required
1.
A development permit is required for the following:
a)
construction, location or relocation of any building or structure greater than
100 feet2 in area and/or greater than 15 feet in height. Temporary tents that
are over 900 square feet, used for special events only, and erected for not
more than 14 consecutive days or 45 days per calendar year per site will
require engineered stamped drawings and a development permit.
Meanwhile, temporary tents that are under 900 square feet, used for special
events only, and erected for not more than 14 consecutive days or 45 days
per calendar year per site do not require a development permit or
engineered drawings. Please note temporary tents are exempt from all
zoning requirements (e.g. site coverage, height, setbacks, etc.) (BL 934/16)
b)
structural alteration, extension, addition or conversion of any building or
structure greater than 100 feet2 in area and/or 15 feet in height;
c)
removal or demolition of any building or structure greater than 100 feet2 in
area and/or 15 feet in height;
d)
use or change of use of land, or of a building or structure greater than 100
feet2 in area and/or 15 feet in height;
e)
substantial deposit, removal, alteration or disturbance of any material,
including shoreline protection works, or substantial alteration of surface or
subsurface drainage, diversion of a natural watercourse such as a river, stream
or creek or waterway such as a channel in flood prone or hazard lands
(permits are not required for landscaping, where grade and drainage are not
materially altered, except where works form part of a larger development);
f)
construction of fences, landscaping walls, gates or the like greater than 3 ½
feet in height (permits are not required for driveways and patios or the like);
g)
construction of decks excluding decks under 2 feet of the ground (BL 934/16);
and
h)
location of signs, except as listed below:
Page 32 of 105
-
bulletin boards of community or religious organizations less than 18
feet2 in area;
-
construction signs when located on construction sites and less than 25
feet2 in area;
-
directional signs for the direction and convenience of the public
including signs to identify rest rooms, freight entrance, parking
entrance or exit or the like, less than 5 feet2 in area;
-
election signs that are non-illuminated and less than 18 feet2 in area;
-
flags or emblems of a civic, educational, philanthropic or religious
organization;
-
memorial signs or tablets of non combustible materials such as bronze
or brass that are incorporated or attached to the building or structure
walls to commemorate a building, event, site or person(s);
-
real estate signs that are non-illuminated, less than 6 feet2 in area and
located on the subject property;
-
temporary signs announcing campaigns, drives or events; and
-
traffic regulation or directional signs, legal notices, railway crossing
signs, danger or other emergency signs or the like.
Application
2.
Applications for development permits shall be received by the Municipality in the form
required by Council and accompanied by the application fee as established by by-law.
Applications shall not be considered to have been "received" until all information as
listed below is provided to the satisfaction of the designated employee, where
applicable and deemed necessary by same.
a)
Applicant and Property:
-
name, phone number, civic address and mailing address of owner
and/or applicant;
-
written authorization by owner of subject property, if other than
applicant;
-
civic address of subject property;
-
legal description of subject property; and
-
any relevant caveats, easements or building location certificates.
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b)
Proposed Development:
-
description of proposed building, structure or land use;
-
estimated value of proposed building, structure or land use (in dollars);
-
plans, drawn at a scale acceptable to the designated employee,
including:
-
floor plan(s) and elevations; and
-
site plan showing:
-
north arrow;
-
road names;
-
accessory off-street parking and loading spaces;
-
vehicle entrances and exits;
-
buildings or structures;
-
site features including, but not limited to, lighting
standards, sidewalks, landscape buffers or plantings
and proposed waste storage and collection areas; and
-
where development is proposed on lakefront property:
-
current (dated within past 24 months) building
location certificate and survey showing the Lake
Winnipeg Ordinary High Water Mark (OHWM) as
determined by Manitoba Water Stewardship;
-
description and location of proposed shoreline
protection works, and means of coordinating shoreline
erosion protection with adjacent properties; and
-
description and location of existing and proposed
landscaping.
c)
Proposed Potable Water Supply and Sewage Disposal:
-
proof of availability of potable water supply to support proposed land
use; and
-
confirmation that all waste sources in the principal building shall be
connected to a public sewer system or where a public sewer system is
unavailable, to a holding tank.
Water supply and sewage disposal shall be provided in accordance with The
Environment Act, the Public Health Act and The Drinking Water Safety Act.
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d)
Additional Information:
-
additional information such as elevations and flood levels may be
required to facilitate evaluation of proposed works on groundwater
pollution hazard areas and hazard lands, or development that involves
drainage works.
2.2.2 REVIEW OF APPLICATION FOR A DEVELOPMENT PERMIT
Review Period
1.
The designated employee may review an application for a development permit for a
period of not longer than 60 days after it is submitted to determine if the proposed
development generally conforms to the applicable provisions of the development plan,
this zoning by-law and any applicable secondary plan by-law.
a)
The designated employee may withhold issuing a development permit for a
further 125 days after the initial 60 day review period if, at the time the
application was made, Council had authorized the preparation of a
development plan by-law, zoning by-law or secondary plan by-law or an
amendment to any of the aforementioned; and the proposed development
does not generally conform with the proposed development plan by-law,
zoning by-law or secondary plan by-law or the proposed amendment to any of
the aforementioned, in accordance with The Planning Act.
Circulation
2.
Applications for development permits shall be circulated for review and comment,
where applicable and deemed necessary by the designated employee, as listed
hereunder.
Heritage Sites
a)
Where proposed development may affect an identified heritage site or
identified areas of high heritage resource potential, applications may be
circulated to Manitoba Historic Resources Branch, and where applicable, to
the municipal heritage committee.
Page 35 of 105
Lake Winnipeg or Other Waterbodies and Watercourses or Drainage Works
b)
Where proposed development is to be located adjacent to Lake Winnipeg or
near other waterbodies and watercourses, or is to involve drainage works,
applications may be circulated to:
-
Manitoba Conservation;
-
Manitoba Water Stewardship;
-
Department of Fisheries and Oceans; and the
-
Lake Winnipeg Shoreline Technical Committee (SETC).
Water control works, as defined in The Water Rights Act, requires application
for a Water Rights Licence. The designated officer or Council may request a
geotechnical report from a qualified engineer for any development within
350 feet from a waterbody (BL 934/16).
Provincial Roads
c)
Where proposed development is to be located within the control area of
provincial roads: PR 225 (Whytewold Road), PR 232 (Matlock Road and Gimli
Road) and the Ponemah Provincial Access Road, any new, modified or
relocated access to these highways requires a permit from Manitoba
Infrastructure and Transportation. The Municipality is the jurisdiction
responsible for structure and planting setbacks adjacent to these provincial
roads.
Utility Corridors
d)
Where proposed development to be located in proximity to utility corridors,
applications may be circulated to the applicable utility: MTS Allstream Inc.,
Manitoba Hydro and Centra Gas.
2.2.3 DECISION ON APPLICATION FOR A DEVELOPMENT PERMIT
After the Review
1.
After reviewing the application, the designated employee must make a decision either
rejecting or approving the application.
Page 36 of 105
Approval with Conditions
2.
In approving an application for a development permit for a permitted or conditional
use, the designated employee may impose conditions on the approval that are
considered necessary to ensure the development:
a)
will be in compliance with:
-
the development plan, this zoning by-law, any applicable secondary
plan and municipal by-law;
-
any applicable national and provincial building and fire codes; and
-
a conditional use order, variance order or development agreement;
and
b)
will satisfy conditions of any caveat, convenant or other instrument affecting a
building or land.
3.
The designated employee may include a condition on the development permit
requiring that applicant/owner of the affected property enter into a development
agreement with the Municipality.
(a)
The development agreement may provide that it runs with the land, and when
a caveat with a copy of such an agreement attached is filed in the appropriate
Land Titles Office, the agreement binds the owner of the land affected by it,
and the owner's heirs, executors, administrators, successors and assigns. The
agreement is not binding until the order has been made.
(b)
The development agreement may address any of the following:
-
use of the land and any existing or proposed building;
-
timing of construction of any proposed building;
-
specific safeguards to minimize or prevent emission of dust or
particulate matter, heat, glare, electromagnetic interference, odour,
smoke and the like;
-
siting and design, including exterior materials of any proposed
building;
-
provision of parking;
-
landscaping, provision of open space, grading of land and fencing;
-
construction or maintenance, at the owner's expense or partly at the
owner's expense, of works including, but not limited to, sewer and
water, waste removal, drainage, public roads, connecting streets,
street lighting, sidewalks, traffic control, access and connections to
existing services; and
-
payment of a sum of money to the municipality in lieu of the
requirement under the previous clause to be used for any of the
purposes referred to in that clause.
Page 37 of 105
4.
Council or its Planning Commission may require that the applicant/owner provide an
irrevocable letter of credit in an amount determined by the municipality to secure
performance of any of the conditions of a development permit including a requirement
for municipal improvements related to road and drainage works, and to protect the
municipality from future legal claims, including claims regarding environmental
contamination to water sources.
Refusal
5.
The designated employee may refuse to issue a development permit:
a)
Where satisfied that the proposed development does not generally conform to
provisions of the applicable:
-
development plan, zoning by-law, secondary plan and municipal by-
law;
-
federal or provincial legislation and regulation;
-
national and provincial building and fire codes; and
-
conditional use order, variance order or development agreement;
b)
Where satisfied that the proposed development does not satisfy conditions of
any caveat, convenant or other instrument affecting a building or land.
Access and Frontage
c)
Where the proposed development would be located on a site without frontage
and unobstructed safe and convenient access to:
-
a registered road allowance that is developed as an all-weather road
and is maintained year round;
-
a proposed road allowance that is to be registered and developed as
an all-weather road and maintained year-round, and for which a road
construction development agreement has been entered into with the
municipality;
-
where the lots created through subdivision are condominium lots, a
public or private access road connected to either an existing or
proposed road allowance that is or is to be developed as an all-
weather road and maintained year-round; or
-
where the zoning site is an existing lot with access from an existing
private right-of-way registered on title and in favour of the lot;
d)
Where the proposed development would be located on a site that is adjacent
to a designated future road allowance and does not satisfy yard requirements
as specified in the bulk table for each zone;
Drainage Patterns
e)
Where the proposed development would result in alteration of drainage
patterns that would adversley affect adjacent public or private lands, or cause
adjacent drains to be insufficient to accommodate added runoff;
Page 38 of 105
Dwelling Units per Parcel
f)
Where the proposed development would result in more than 1 dwelling unit
on a parcel of land, unless permitted by this zoning by-law;
Hazard land
g)
Where it is determined that the land is unsuited for the proposed use by virtue
of its soil, topography, unique conditions; or where bank instability, erosion,
inadequate drainage or severe flooding would result;
Incorrect Information
h)
Where it is determined that incorrect information has been provided by the
applicant; or
Shoreline Erosion Protection
i)
Where the proposed shoreline erosion protection has not been reviewed and
approved by the Shoreline Erosion Technical Committee (SETC).
Duty of the Owner
6.
Neither the granting of a development permit nor the approval of the drawings and
specifications or the inspections made by the designated employee shall in any way
relieve the owner of the responsibility of complying with the regulations of this zoning
by-law or any relevant by-laws of the Municipality.
7.
Every owner shall:
a)
obtain approval from the designated employee prior to doing any work at
variance with the approved development permit and its associated documents;
b)
where applicable, obtain from the appropriate authorities, permits or licenses
including, but not limited to: blasting, electrical, grade, occupancy and
plumbing, or permits from Manitoba Infrastructure and Transportation; and
c)
permit the designated employee to enter any building or premises to conduct
inspections and to take any action authorized under The Planning Act, this
zoning by-law or any municipal by-law to enforce or remedy a contravention
of the terms or conditions of the development permit or related conditional
use order issued under The Planning Act.
2.2.4 EXISTING DEVELOPMENT PERMIT
Development Permit Issued "Before"
1.
Development permits issued before the effective date of this zoning by-law shall be
considered valid, if acted upon within 12 months of the date of decision.
Page 39 of 105
Development Permit Issued for Non-Conforming Building, Structure or Use
2.
Where enactment of this zoning by-law causes an intended use to be prohibited in the
zone in which it is to be located, and where a development permit has been issued:
a)
said development may be completed and used for the intended non-
conforming use - if the development permit has been acted upon within 12
months of issuance and if the development comes into full operation within 1
year of building completion. The building shall then be subject to the
provisions for non-conforming uses and structures in The Planning Act; or
b)
said development permit may be cancelled in accordance with The Planning
Act - if the development authorized by the development permit has not begun
before the passing of this zoning by-law that prohibits the issuance of the
permit or approval.
Correction
3.
The approval of any application or drawing, or the issuance of a development permit
shall not prevent the designated employee from requiring that errors be corrected or
prohibit development if it is in violation of this zoning by-law.
Suspension or Revocation
4.
Any development permit issued on the basis of incorrect information shall be deemed
invalid.
5.
The designated employee may suspend or revoke a development permit where there is
failure to comply with the conditions specified on the development permit.
6.
Any person who undertakes, or causes to permit any development on a site without a
permit, or after a permit has been suspended or revoked, shall discontinue such
development forthwith upon notice in writing from the designated employee so
requiring, and shall not resume such development unless a permit has been issued or
the permit is re-instated.
2.2.5 EXPIRATION OF DEVELOPMENT PERMIT APPROVAL
1.
Approval of a development permit for development other than temporary buildings,
structures or signs:
a)
shall be valid for 12 months from the date of decision; and
b)
may be extended by the designated employee for an additional period of not
more than 6 months if an application for extension is received before the
initial deadline.
Page 40 of 105
2.
Approval of a development permit for a temporary building or structure:
a)
shall expire or cease to have any effect if not acted upon within 12 months of
the date of decision;
b)
shall be valid for a maximum period of 12 months or lesser as may be specified
on the development permit; and
c)
may be extended by the designated employee for an additional period of not
more than 6 months if an application for extension is received before the
initial deadline.
3.
Approval of a development permit for a temporary sign:
a)
shall expire or cease to have any effect if not acted upon within 12 months of
the date of decision;
b)
shall be valid for a maximum period of 3 months or lesser as may be specified
on the development permit; and
c)
may be renewed for an additional maximum period of 3 months for a
temporary sign.
2.3
ENFORCEMENT
2.3.1 AUTHORITY TO INSPECT AND ENFORCE
Enter Land or Building
1.
A designated employee or officer of the municipality may enter land or a building:
a)
to conduct inspection to determine if a person is complying with:
-
a by-law adopted under The Planning Act that the municipality is
authorized to enforce; and
-
the terms or conditions of a permit, approval or order made or issued
under The Planning Act; and
b)
to take any action authorized under The Planning Act or a by-law to enforce or
remedy a contravention of any of the aforementioned matters.
2.
The designated employee shall inspect or take enforcement action at a reasonable
time and after giving reasonable notice to the owner or occupier of the land or
building.
Emergency
a)
In an emergency, or in extraordinary circumstances, the designated employee
or officer is not required to give reasonable or any notice to enter the land or a
building, and may take any inspection or enforcement action without the
consent of the owner or occupier of the land or building and without a
warrant.
Page 41 of 105
3.
The designated employee shall upon request, produce identification showing that he
or she is authorized by the municipality to conduct the inspection or enforcement
action.
2.3.2 REMEDY OR PENALTY
1.
The designated employee may issue a written order requiring the person to remedy
the contravention of a by-law adopted under The Planning Act that the Municipality is
authorized to enforce, and the terms and conditions of a permit, approval or order
made or issued under The Planning Act. The order may be enforced in accordance
with The Planning Act.
2.4 NON-CONFORMING BUILDING, STRUCTURE OR USE
2.4.1 CERTIFICATE OF NON-CONFORMITY
1.
A person with an interest in a building, a parcel of land or an operation involving a use
of land that does not comply with this zoning by-law may apply to the Municipality for
a certificate confirming that the building, parcel, use of land, or intensity of use of land
was lawfully in existence before the enactment of the this zoning by-law. The
applicant/owner shall be responsible for providing any proof deemed necessary by the
designated employee.
2.4.2 NON-CONFORMITIES
1.
Enactment of this zoning by-law does not affect any building, parcel of land or use of
land or the intensity of a use of land that lawfully existed before the enactment of this
zoning by-law.
Building or Structure
2.
A building or structure is considered to be existing, if on the date of enactment of this
zoning by-law, the building or structure is lawfully constructed, under construction or a
permit for the construction is in force and effect, and construction of the building is
started by the deadline set out in the permit and if the development comes into full
operation within 1 year of building completion.
Non-Conforming Building or Structure
a)
Where a building or structure lawfully existed on the date of enactment of this
zoning by-law or amendments thereto, but does not conform to the provisions
contained within this zoning by-law, the building or structure shall be
considered a non-conforming building or structure.
Construction on Non-Conforming Existing Building or Structure
b)
Construction on a non-conforming building or structure may occur if:
Page 42 of 105
-
the construction does not increase the non-conformity and it
otherwise conforms with the zoning by-law and any variance approved
by Council; or
-
the owner or a person authorized by the owner obtains a variance
order to change the building or structure to increase the non-
conformity or increase the intensity of a use or change to another non-
conforming use.
Damage to Existing Non-Conforming Building or Structure
(c)
Where a non-conforming building or structure is damaged or destroyed, and
Council determines the cost of repairing or rebuilding the building to be more
than 50% of the cost of constructing an equivalent new building:
-
the building must not be repaired or rebuilt except in conformity with
this zoning by-law; or
-
the owner or a person authorized by the owner must obtain a variance
order to repair or rebuild the non-conforming building.
Parcel
3.
A parcel of land is considered to be an existing parcel if on the date of enactment of
this zoning by-law, conditional approval for a subdivision of the land has been issued
by the approving authority and the subdivision is registered in the Land Titles Office by
the deadline set out in the approval.
Non-Conforming Parcel
(a)
A non-conforming parcel means a parcel which lawfully existed prior to the
effective date of this zoning by-law or amendments thereto, but does not
conform to the provisions contained within this zoning by-law.
Enlargement of Existing Non-Conforming Parcel
(b)
Where an existing non-conforming parcel of land is increased in site width or
site area, but remains less than the minimum requirement of this zoning by-
law, variances shall not be required and said parcel shall remain an existing
non-conforming parcel.
Use of Existing Non-Conforming Parcel
(c)
Where the site area and site width of an existing parcel of land are not in
compliance with this zoning by-law, the owner of the land may use the land for
any use permitted under this zoning by-law, and if all other requirements such
as yards, building height and floor area are satisfied, the owner may construct
or alter a building on the land.
Page 43 of 105
Use
4.
A use of a parcel of land, or building or structure is considered to be an existing use if,
on the date of enactment of this zoning by-law, a permit or approval has been issued
by the Municipality authorizing the use of land or the intensity of the use of land, or
building or structure.
Non-Conforming Use
(a)
Where a use of a building, structure or parcel of land lawfully existed on the
date of enactment of this zoning by-law or amendments thereto, but does not
conform to the provisions contained within this zoning by-law, the use shall be
considered a non-conforming use.
Discontinuation of Non-Conforming Use
(b)
Where the use of land or intensify of the use of land does not conform to this
zoning by-law, and the non-conforming use or non-conforming intensity of use
has been discontinued for more than 12 consecutive months:
-
the land must be used after that time only in conformity with this
zoning by-law; or
-
the owner or a person authorized by the owner must obtain a variance
to extend the 12-month time limit.
Increased in Intensity or Changed to another Non-Conforming Use
(c)
Where the use of land or intensify of the use of land does not conform to this
zoning by-law:
-
the use must not be increased in intensity or changed to another non-
conforming use; or
-
the owner or a person authorized by the owner must obtain a variance
order to change the building or structure to increase the non-
conformity or increase the intensity of a use or change to another non-
conforming use.
5.
A change in subject matter represented on a sign shall not be considered a change to
the structure or use.
6.
The use of an existing non-conforming building or structure is not affected by a change
in ownership, tenancy or occupancy.
2.5
SUBDIVISION
Application for a subdivision approval shall be accepted and processed in accordance with The
Planning Act.
Page 44 of 105
2.6
VARIANCE
A person who believes that this zoning by-law adversely affects his or her property rights may apply
for a variance to vary specific provisions of this zoning by-law insofar as they apply to the affected
property.
2.6.1 APPLICATION FOR A VARIANCE
Application
1.
Applications for a variance shall be received by the Municipality in the form required
by Council and accompanied by the application fee as established by by-law.
Applications shall not be considered to have been "received" until all information as
listed below is provided to the satisfaction of the designated employee, where
applicable and deemed necessary by same.
(a)
Applicant and Property:
-
name, phone number, civic address and mailing address of owner
and/or applicant;
-
written authorization by owner of subject property, if other than
applicant;
-
civic address of subject property;
-
legal description of subject property; and
-
any relevant caveats, easements or building location certificates.
(b)
Proposed Variance:
-
description of proposed variance, and grounds upon which the
variance is requested;
-
description of potential impacts of the proposed variance on the
surrounding land uses and proposed means to address said impacts;
and
-
where applicable plans, drawn at a scale acceptable to the designated
employee, including:
-
floor plan(s) and elevations; and
-
site plan showing:
-
north arrow;
-
road names;
-
accessory off-street parking and loading spaces;
-
vehicle entrances and exits;
-
buildings or structures;
-
site features including, but not limited to, lighting standards,
sidewalks, and landscape buffers or plantings and
Page 45 of 105
-
where development is proposed on lakefront property:
-
current (dated within past 24 months) building
location certificate and survey showing the Lake
Winnipeg Ordinary High Water Mark (OHWM) as
determined by Manitoba Water Stewardship;
-
description and location of proposed shoreline
protection works, and means of coordinating shoreline
erosion protection with adjacent properties; and
-
description and location of existing and proposed
landscaping.
(c)
Additional Information:
-
additional information such as elevations and flood levels may be
required to facilitate evaluation of proposed works on groundwater
pollution hazard areas and hazard lands, or development that involves
drainage works.
2.6.2 REVIEW OF APPLICATION FOR A VARIANCE
Report to Council or Planning Commission
1.
Council or the Planning Commission may require that the designated employee
prepare a written report to:
(a)
describe the proposed variance;
(b)
identify potential impacts of the proposed variance upon:
-
the surrounding area;
-
the health and general welfare of people living and working in the
surrounding area; or
-
any negative effects upon other properties or potential development
in the surrounding area; and
(c)
determine whether the proposed variance is generally consistent with the
applicable provisions of the development plan, this zoning by-law and any
secondary plan.
Authorization of Planning Commission
2.
Council may by by-law, authorize its Planning Commission to consider and make
decisions on applications for variances or specified types of variances.
Public Hearing
3.
Council or its Planning Commission must give notice and hold a public hearing to
receive representations on the proposed variance in accordance with The Planning
Act.
Page 46 of 105
2.6.3 DECISION ON APPLICATION FOR A VARIANCE
After the Public Hearing
1.
After holding a public hearing, Council or its Planning Commission must make an order
rejecting the application or approving the application for variance.
2.
A variance order must not be made if it makes a change of land use other than:
a)
a temporary change of land use for a period of not more than 5 years; or
b)
a change of land use to a use that is substantially similar to a use permitted
under this zoning by-law.
Approval with Conditions
3.
In approving an application for a variance, Council or its Planning Commission may
impose conditions on the approval that are considered necessary to ensure the
variance:
a)
will be compatible with the general nature of the surrounding area;
b)
will not be detrimental to the health or general welfare of people living or
working in the surrounding area, or negatively affect other properties or
potential development in the surrounding area; and
c)
is generally consistent with the applicable provisions of the development plan,
this zoning by-law and any applicable secondary plan.
4.
Council or its Planning Commission may include a condition on the variance order
requiring that applicant/owner of the affected property enter into a development
agreement with the Municipality.
a)
The development agreement may provide that it runs with the land, and when
a caveat with a copy of such an agreement attached is filed in the appropriate
Land Titles Office, the agreement binds the owner of the land affected by it,
and the owner's heirs, executors, administrators, successors and assigns. The
agreement is not binding until the order has been made.
(b)
The development agreement may address any of the following:
-
use of the land and any existing or proposed building;
-
timing of construction of any proposed building;
-
specific safeguards to minimize or prevent emission of dust or
particulate matter, heat, glare, electromagnetic interference, odour,
smoke and the like;
-
siting and design, including exterior materials of any proposed
building;
-
provision of parking;
-
landscaping, provision of open space, grading of land and fencing;
-
construction or maintenance, at the owner's expense or partly at the
owner's expense, of works including, but not limited to, sewer and
Page 47 of 105
water, waste removal, drainage, public roads, connecting streets,
street lighting, sidewalks, traffic control, access and connections to
existing services; and
-
payment of a sum of money to the municipality in lieu of the
requirement under the previous clause to be used for any of the
purposes referred to in that clause.
5.
Council or its Planning Commission may require that the applicant/owner provide an
irrevocable letter of credit in an amount determined by the Municipality to secure
performance of any of the conditions of a variance order including a requirement for
municipal improvements related to road and drainage works, and to protect the
Municipality from future legal claims, including claims regarding environmental
contamination to water sources.
Notice of Decision
6.
Council or its Planning Commission must send a copy of its order to the applicant and
every person who made a representation at the public hearing.
Appeal
7.
The decision of Council on an application for variance is final and not subject to appeal.
8.
The decision of the Planning Commission on an application for a variance may be
subject to appeal to Council.
a)
Council must give notice and hold an appeal hearing in accordance with The
Planning Act.
b)
The appeal of the decision of the Planning Commission is a new hearing and
Council may make any decision with respect to the matter under appeal that
could have been made at the original hearing of the application.
c)
If there is no appeal of the decision of the Planning Commission by the
deadline set out in the notice of decision, the decision is final.
2.6.4 EXISTING VARIANCE ORDER
Lawfully Existing Parcels or Uses with Variance Order
1.
Where adoption of this zoning by-law or amendments thereto results in bulk
requirements that are more restrictive than that allowed for in an existing variance
order, the affected property or use shall be considered lawfully existing non-
conforming building, structure, use or parcel and shall be subject to the provisions for
non-conforming uses and structures in The Planning Act.
Page 48 of 105
2.6.5 EXPIRATION OF VARIANCE ORDER
Expiration
1.
A variance order will expire or cease to have any effect if it is not acted upon within 12
months of the date of decision.
Extension
2.
Council or its Planning Commission may extend the expiration deadline for an
additional period not more than 12 months, if an application for extension is received
before the initial deadline.
2.6.6 MINOR VARIANCE
Minor Variance
1.
Council may, by by-law, authorize a designated employee to make an order that varies:
a)
any height, distance, area, size or intensity of use requirement in this zoning
by-law by no more than 10%; or
b)
the number of parking spaces required by this zoning by-law by no more than
10%.
Shortened Process
2.
Minor variances do not require notice or a public hearing; however, a minor variance
order must not be made subject to conditions unless the applicant has been given a
reasonable opportunity to make representation about the proposed conditions.
Decision on Minor Variances
3.
After reviewing the application, the designated employee must make an order
rejecting the application or approving the application.
4.
In approving an application for a variance, the designated employee may impose
conditions on the approval that are considered necessary to ensure the variance:
a)
will be compatible with the general nature of the surrounding area;
b)
will not be detrimental to the health or general welfare of people living or
working in the surrounding area, or negatively affect other properties or
potential development in the surrounding area; and
c)
is the minimum modification of a zoning by-law required to relieve the
injurious affect of this zoning by-law on the applicant's property; and
d)
is generally consistent with the applicable provisions of the development plan,
this zoning by-law and any applicable secondary plan.
Notice of Decision
5.
The designated employee shall send a copy of the variance order by ordinary mail to
the applicant.
Page 49 of 105
Appeal
6.
A person who is dissatisfied with a decision of the designated employee may, within 14
days of issuance of the order, submit a written request that Council review the
decision or order. After allowing the person a reasonable opportunity to be heard,
Council may confirm, vary, substitute or cancel the decision or order of the desginated
employee.
2.7
ZONING BY-LAW AMENDMENT
2.7.1 APPLICATION FOR ZONING BY-LAW AMENDMENT
Application
1.
Applications to amend this zoning by-law may be initiated by the Council or by the
owner of the affected property, or a person authorized in writing by the owner.
2.
Applications to amend this zoning by-law shall be received by the Municipality in the
form required by Council and accompanied by the application fee as established by by-
law. Applications shall not be considered to have been "received" until all information
as listed below is provided to the satisfaction of the designated employee, where
applicable and deemed necessary by same.
a)
Applicant and Property:
-
name, phone number, civic address and mailing address of owner
and/or applicant;
-
written authorization by owner of subject property, if other than
applicant;
-
civic address of subject property;
-
legal description of subject property; and
-
any relevant caveats, easements or building location certificates.
b)
Proposed Amendment:
-
description of proposed amendment, and grounds upon which the
amendment is requested;
-
description of potential impacts of the proposed amendment on the
surrounding land uses and proposed means to address said impacts;
and
-
plans, drawn at a scale acceptable to the designated employee,
including:
-
floor plan(s) and elevations; and
-
site plan showing:
-
north arrow;
-
road names;
-
accessory off-street parking and loading spaces;
Page 50 of 105
-
vehicle entrances and exits;
-
buildings or structures;
-
site features including, but not limited to, lighting standards,
sidewalks, and landscape buffers or plantings; and
-
where development is proposed on lakefront property:
-
current (dated within past 24 months) building
location certificate and survey showing the Lake
Winnipeg Ordinary High Water Mark (OHWM) as
determined by Manitoba Water Stewardship;
-
description and location of proposed shoreline
protection works, and means of coordinating shoreline
erosion protection with adjacent properties; and
-
description and location of existing and proposed
landscaping.
c)
Proposed Potable Water Supply and Sewage Disposal:
-
proof of availability of potable water supply to support proposed land
use; and
-
confirmation that all waste sources in the principal building shall be
connected to a public sewer system or where a public sewer system is
unavailable, a holding tank.
Water supply and sewage disposal shall be provided in accordance with The
Environment Act, the Public Health Act and The Drinking Water Safety Act.
d)
Additional Information:
-
additional information such as elevations and flood levels may be
required to facilitate evaluation of proposed works on groundwater
pollution hazard areas and hazard lands, or development that involves
drainage works.
Council May Refuse
3.
An application may be refused if, in the opinion of Council, the proposed amendment:
a)
is without merit;
b)
is not generally consistent with the development plan; or
c)
is the same as or substantially similar to an earlier application that was refused
within 1 year before the day when the new application is made.
2.7.2 REVIEW OF APPLICATION FOR ZONING BY-LAW AMENDMENT
Authorization of Planning Commission
1.
Council may, by by-law, authorize its Planning Commission to consider and make
decisions on applications to amend the zoning by-law.
Page 51 of 105
Public Hearing
2.
Council or its Planning Commission must give notice and hold a public hearing to
receive representations on a proposed amendment of the zoning by-law in accordance
with The Planning Act.
2.7.3 DECISION ON APPLICATION FOR ZONING BY-LAW AMENDMENT
After the Public Hearing
1. After holding a public hearing in accordance with The Planning Act, if no person objects to
the by-law at the hearing, Council may:
a)
give the by-law second and third reading; or
b)
pass a resolution not to proceed with the by-law.
Approval with Conditions
2.
In approving an application to amend this zoning by-law, Council or its Planning
Commission may impose conditions on the approval that are considered necessary to
ensure the amendment:
a)
will be compatible with the general nature of the surrounding area;
b)
will not be detrimental to the health or general welfare of people living or
working in the surrounding area, or negatively affect other properties or
potential development in the surrounding area; and
c)
is generally consistent with the applicable provisions of the development plan,
this zoning by-law and any applicable secondary plan.
3.
Council or its Planning Commission may include a condition on the amendment
requiring that applicant/owner of the affected property enter into a development
agreement with the Municipality.
a)
The development agreement may provide that it runs with the land, and when
a caveat with a copy of such an agreement attached is filed in the appropriate
Land Titles Office, the agreement binds the owner of the land affected by it,
and the owner's heirs, executors, administrators, successors and assigns. The
agreement is not binding until the order has been made.
b)
The development agreement may address any of the following:
-
use of the land and any existing or proposed building;
-
timing of construction of any proposed building;
-
specific safeguards to minimize or prevent emission of dust or
particulate matter, heat, glare, electromagnetic interference, odour,
smoke and the like;
-
siting and design, including exterior materials of any proposed
building;
-
provision of parking;
-
landscaping, provision of open space, grading of land and fencing;
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-
construction or maintenance, at the owner's expense or partly at the
owner's expense, of works including, but not limited to, sewer and
water, waste removal, drainage, public roads, connecting streets,
street lighting, sidewalks, traffic control, access and connections to
existing services; and
-
payment of a sum of money to the Municipality in lieu of the
requirement under the previous clause to be used for any of the
purposes referred to in that clause.
4.
Council or its Planning Commission may require that the applicant/owner provide an
irrevocable letter of credit in an amount determined by the Municipality to secure
performance of any of the conditions of a conditional use order including a
requirement for municipal improvements related to road and drainage works, and to
protect the Municipality from future legal claims, including claims regarding
environmental contamination to water sources.
Notice of Decision
5.
Council shall provide notice of decision in accordance with The Planning Act.
Appeal
6.
The decision on an application to amend this zoning by-law may be appealed to the
Municipal Board in accordance with The Planning Act.
2.7.4 MINOR AMENDMENT OF ZONING BY-LAW
Application to Minister
1.
Council may apply to the minister to make a minor amendment to this zoning by-law,
or to amend this zoning by-law to correct an error or omission.
No Notice or Hearing Required
2.
The minister may give Council written authorization to amend this zoning by-law
without giving public notice or holding a hearing, subject to any conditions set out in
the authorization, if the minister is satisfied that the proposed amendment is a minor
one that does not change the intent of this zoning by-law or the proposed amendment
is required to correct an error or omission.
2.8
ZONING MEMORANDUM
1.
A person with an interest in a building, parcel of land or operation involving the use of
land may apply to the Municipality for a zoning memorandum that states whether or
not the building, parcel, use, or intensity of use appears to conform with this zoning
by-law. The applicant/owner shall be responsible for providing a current building
location certificate prepared by a Manitoba Land Surveyor (dated within 30 days).
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PART 3. - GENERAL PROVISIONS
3.1. GENERAL PROVISION
The General Provisions shall apply to subdivision and
development in all zones within this zoning by-law, where
applicable.
3.1.1 ACCESS AND FRONTAGE
Public Road
1.
All lots created shall have frontage on, and
unobstructed, safe and convenient access to:
Registered Road
a)
a registered road or lane allowance that is developed as an all-weather road
and is maintained year round; or
Proposed Road
b)
a proposed road allowance that is to be registered and developed as an all-
weather road and maintained year round, for which a road construction
development agreement has been entered into with the Municipality; or
Condominium Plan
c)
where the lots created through subdivision are condominium lots, a public or
private access route connected to either (a) or (b) above.
Private Right-of-Way
2.
Notwithstanding access and frontage requirements listed herein, development may be
allowed on existing zoning sites without direct access or frontage:
a)
where the zoning site is an existing lot, subject to access onto a registered
public road being provided by way of an existing private right-of-way
registered on title in favour of the subject lot; or
b)
where a zoning site is deprived of street frontage as a result of land acquisition
by an authority having power of expropriation or acquisition, or authorization
pursuant to The Planning Act, subject to access onto a registered public road
being provided by way of an existing private right-of-way registered on title in
favour of the subject lot; or
c)
where a zoning site abuts land held by the Municipality or the province for
future road-widening or public reserve purposes, subject to access onto a
registered public road being provided by way of an existing private right-of-
way registered on title in favour of the subject lot, and subject to compliance
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with other applicable requirements of this zoning by-law as if said future road
allowance was already in existence.
Seasonal Public or Private Road
3.
Notwithstanding access and frontage requirements listed herein, development may be
allowed on existing zoning sites without direct access or frontage where the zoning
site is a lot that abuts or is traversed by an existing seasonally maintained public or
private road; however, owners of said lots should not expect the same level of
municipal services as owners of a lot with frontage and access to a registered road
allowance that is developed as an all-weather road and is maintained year round.
3.1.2 ACCESSORY BUILDING, STRUCTURE AND USE
1.
Accessory building, structure or use means a subordinate building, structure or use
which is incidental and accessory to the principal building, structure or use, and
located on the same zoning site as the principal building, structure or use.
Attached to Principal Building
2.
Where the accessory building or structure is attached to the principal building by a
roof, floor (except slab on grade or foundation), or an open or enclosed structure, the
accessory building shall be located in compliance with the yard requirements for the
principal building as specified in the bulk table for each zone.
Detached from Principal Building
3.
Where the accessory building or structure is detached from the principal building, the
following shall apply:
Construction Before Principal Building or Structure
a)
Detached accessory buildings or structures may be constructed before
construction of the principal building, structure or use on the same zoning site,
subject to:
-
the accessory building being fully finished on the exterior in a manner
that is compatible with the character of the neighbourhood; and
-
the number of accessory buildings or structures being limited to 1
before construction of the principal building, structure or use.
Location
b)
Detached accessory buildings or structures shall be located:
-
in compliance with the yard requirements for accessory buildings as
specified in the bulk table for each zone;
-
a minimum setback distance of 10 feet from the principal residence on
the same zoning site excluding detached decks, hot tubs and above
ground pools from the separation distances from the principal
structure(BL 934/16) ; and
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-
outside of dedicated easements or rights-of-way, except where
permitted by said easement or right-of-way.
Type of Building or Structure
c)
No truck body, van, semi trailer, bus, cargo container or the like shall be
permitted to be used as a temporary or permanent storage building in any
zone.
d)
Portable and temporary covered structures may be permitted for a maximum
period of 60 days upon issuance of a development permit, and subject to
restrictions as may be specified on said development permit.
e)
Accessory buildings, including sleeping cabins and guest-quarters above
detached garages, shall:
-
not contain cooking facilities or showers, but may contain a toilet and
wash basin; and
-
not be used as a dwelling unit, except where permitted as temporary
accommodation for owner and family during construction or periods of
displacement due to flooding or other natural disasters, subject to
compliance with building codes for said use.
Parking
4.
Notwithstanding the definition of "Accessory Use", accessory off-street parking to
serve a principal or accessory use may be located on an alternate site, subject to
variance approval for said alternate site, and subject to location restrictions as per
"General Provisions - Parking and Loading."
3.1.3 AIR CONDITIONING UNIT
1.
Freestanding exterior air conditioning units may be located in the rear and side yards
subject to:
a)
Air conditioners and pool equipment: to a maximum of 5 feet into the front
yard and may project into any side or rear yard provided that the projection
is not closer than one foot from the side or rear site line (BL 934/16).
b)
compliance with rear yard requirements for accessory buildings and structures
as specified in the bulk table for each zone; and
c)
a landscape buffer or the like may be required, at the discretion of the
designated employee.
3.1.4 BED AND BREAKFAST OPERATION
1.
Bed and breakfast operation means a business conducted within a detached single-
family dwelling unit or its accessory building by the residents thereof, that provides
accommodation to paying customers, where said use is secondary and incidental to
the principal use of the dwelling unit as a residence.
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Application
2.
Council or Planning Commission shall consider, among other things, the following
when reviewing applications for conditional use approval for a bed and breakfast
operation:
a)
intensity of the proposed bed and breakfast operation relative to the density
of the neighbourhood; and
b)
potential vehicle and pedestrian traffic generation.
Character
3.
Bed and breakfast operations shall:
a)
not become a nuisance and interfere with the rights of other neighbourhood
residents to quiet enjoyment of a residential area;
b)
not generate traffic exceeding what is normally characteristic of the
neighbourhood; and
c)
remain residential in appearance, consistent with the character of the
neighbourhood; and
d)
limit lighting to that which is normally associated with residential
development.
Scale of Operation
4.
Bed and breakfast operations shall:
a)
be operated by the resident of the detached single-family dwelling unit and
may employ a maximum of 2 non-resident persons;
b)
accommodate a maximum of 6 guests, plus children under the age of 16 and
under the care and supervision of the registered guests, with duration of guest
visits limited to 2 consecutive weeks;
c)
limit guest bedrooms to locations within the principal dwelling unit, guest-
quarters above garage or sleeping cabin, with no guest room containing
cooking facilities;
d)
limit meal service to breakfasts for registered guest only; and
e)
limit retail sales to products such as arts, crafts and convenience goods or the
like.
3.1.5 CHILD DAY CARE SERVICE - home-based
1.
Child day care service, where home-based, means a service conducted within a
detached single-family dwelling unit or its accessory building by the residents thereof,
that provides temporary care for compensation for 3 or more children, excluding
children of the operator (natural, adopted or foster) living in the home, where said use
is secondary and incidental to the principal use of the dwelling unit as a residence.
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Application
2.
Council or Planning Commission shall consider, among other things, the following
when reviewing applications for conditional use approval for a home-based child day
care service:
a)
intensity of the proposed child day care service relative to the density of the
neighbourhood;
b)
availability of outside play areas on-site or in nearby parks or the like;
c)
landscape buffers, fencing or the like to minimize negative impacts on
surrounding residences;
d)
potential vehicle and pedestrian traffic generation; and
e)
availability and appropriateness of child drop-off and pick-up locations.
Character
3.
Home-based child day care services shall:
a)
not become a nuisance and interfere with the rights of other neighbourhood
residents to quiet enjoyment of a residential area;
b)
not generate traffic exceeding what is normally characteristic of the
neighbourhood;
c)
remain residential in appearance, consistent with the character of the
neighbourhood; and
d)
limit lighting to that which is normally associated with residential
development.
Scale of Operation
4.
Home-based child day care services shall:
a)
be operated by the resident of the detached single-family dwelling unit, and
may employ a maximum of 2 non-resident persons;
b)
accommodate a maximum of 8 children, excluding children of the operator
(natural, adopted or foster) living in the home; and
c)
limit care services to the hours between 7 a.m. - 7 p.m., with service provision
not exceeding a continuous period of 12 hours per day.
3.1.6 CONSTRUCTION
Exterior Finish and Landscaping
1.
The following standards shall apply to construction works, and where not fulfilled,
occupancy permits may be withheld:
a)
exterior siding, doors and windows installed, and the roof shingled within 18
months from the date of issuance of the development permit;
b)
all building materials shall be removed from the zoning site to the satisfaction
of the designated employee within 2 years from the date of issuance of the
development permit; and
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c)
landscaping of the zoning site shall be completed to the satisfaction of the
designated employee within 2 years from the date of issuance of the
development permit.
2.
Where construction on new or renovated buildings is not by a general contractor, the
owner/occupant may be required to enter into a development agreement with the
Village of Dunnottar and/or provide an irrevocable letter of credit in an amount
determined by the Municipality to secure performance of the aforementioned
construction completion standards.
Moving of Building or Structure
3.
No building or structure shall be moved or relocated in whole or in part to any other
location unless every portion of the building or structure is in compliance or is made to
comply with the applicable regulations of the zone to which it is being re-located.
4.
Issuance of a development permit to move a building or structure may require, at the
discretion of the designated employee, posting of security in the form of an
irrevocable letter of credit or cash, to ensure the building is brought into compliance
with the zone regulations and building code in a timely manner, as determined by the
designated employee.
5.
Upon completion of removal of a building from a site, the old foundation shall be
removed, any excavation shall be filled, the ground shall be leveled and the site shall
be put in a safe condition, to the satisfaction of a designated employee.
Restoration of Building or Structure to a Safe Condition
6.
Nothing in this zoning by-law shall prevent the strengthening or restoration to a safe
condition of any building or structure or part thereof, lawfully existing and used on the
date of passing of this zoning by-law, provided that the strengthening or restoration
does not increase the building height, size or volume or change the use of such
building or structure, except such minor changes as may be expressly required for the
restoration of the building or structure to a safe condition. Such strengthening or
restoration shall be in compliance with the Manitoba Building Code and where
deemed necessary by the designated employee, by-laws.
3.1.7 FENCE
Height
1.
Fences shall be constructed and maintained in compliance with the height restrictions
for fences as specified in the bulk table for each zone.
Materials
2.
Fences in all zones shall not be constructed of or contain:
a)
barbed wire;
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b)
electrified wire;
c)
debris, junk or waste materials unless such materials have been recycled and
reprocessed into building materials marketed to the general public and
resembling new building materials; or
d)
other materials deemed unsuitable by Council.
3.
Fences shall not impede, obstruct or alter the flow of drainage.
4.
Fences in all zones shall not obstruct or confuse the view of vehicular and pedestrian
traffic at intersections.
3.1.8 FIRE PIT, BARBECUE AND STOVE - outdoor
1.
Fixed outdoor fire pits, barbecues, stoves or the like may be located in any yard:
a)
in compliance with yard requirements for accessory buildings and structures as
specified in the bulk table for each zone; and
b)
a minimum distance of 10 feet from any building for purposes of fire
protection.
3.1.9 GARAGE OR YARD SALE
1.
Garage or yard sale means the sale of personal property from premises containing a
dwelling unit, community facility or the like.
2.
Garage or yard sales shall be limited to a maximum of 4 sales per zoning site within 1
calendar year.
3.
It shall be the obligation of the property owner or person holding the garage or yard
sale to obtain a no-charge permit from the municipality.
3.1.10
GRADE
1.
All lots shall have grades established in accordance with:
a)
written instructions provided by the designated employee, where the street
level will be considered as a guide to the foundation level, and the building
grade will form part of the building permit;
b)
a drainage plan prepared by a professional engineer, where deemed necessary
by the designated employee; or
c)
the municipal lot grading by-law, where applicable.
2.
It shall be the continuing obligation of the property owner to:
a)
maintain lot grades for adequate site drainage;
b)
ensure that the level of the surrounding fill at the building line shall not be less
than the flood protection level, where applicable; and
c)
prevent drainage from negatively impacting adjacent properties.
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3.1.11
HAZARD LAND
1.
The flood protection level for the Village is 722 feet Geodetic Survey of Canada Datum
as established by Manitoba Water Stewardship.
2.
Development in areas below this elevation shall be provided with adequate flood
protection. In no case shall a lot access, dwelling unit, commercial building or place of
worship or assembly be located in an area subject to periodic flooding unless:
a)
the building or structure, where constructed on a full basement or concrete
foundation, is located on land that is at an elevation of 722 feet or raised by fill
to that elevation and does not have any openings into living space below
elevation 722 feet; or
b)
the bottom of the floor joists of the building or structure, where constructed
on concrete footings extending below ground, is located above elevation 722
feet.
3.1.12
HOME-BASED BUSINESS
1.
Home-based business means a business or profession conducted within a detached
single-family dwelling unit or its accessory building by the residents thereof, where
such use is secondary and incidental to the principal use of the dwelling unit as a
residence.
Application
2.
Council or the Planning Commission shall consider, among other things, the following
when reviewing applications for conditional use approval for a home-based business:
a)
intensity of the proposed home-based businesses; and
b)
potential vehicle and pedestrian traffic generation.
3.
A home-based business shall not be permitted where, in the opinion of Council, it
would be more appropriately located in the Commercial Zone, given scale of operation
and potential for traffic generation and disruption of the residential character of the
neighbourhood.
Character
4.
Home-based businesses shall:
a)
not become a nuisance and interfere with the rights of other neighbourhood
residents to quiet enjoyment of a residential area and shall not:
-
interfere with television or radio reception on adjacent properties;
-
use, store or produce toxic, explosive, flammable, combustible,
corrosive, radioactive or other restricted material; or
-
be noxious or offensive by reason of emission or production of dust,
gas, noise, odour, refuse matter, smoke, vapour, vibration or waste;
b)
not generate traffic exceeding what is normally characteristic of the
neighbourhood; and
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c)
remain residential in appearance, consistent with the character of the
neighbourhood, and limit lighting to that which is normally associated with
residential development.
5.
Outdoor storage of materials associated with the home-based businesses may be
located in the side and rear yards at the discretion of the designated employee and
subject to landscape buffers or planting, or fencing where deemed necessary by same.
6.
Articles associated with the home-based business that are for sale may be displayed in
any yard at the discretion of the designated employee.
7.
Vehicles associated with the home-based business that have a gross vehicle weight
greater than 6,000 lbs may be parked on-site at the discretion of the designated
employee.
Scale of Operation
8.
More than 1 home-based business may be permitted per single-family dwelling unit or
accessory building, at the discretion of the designated employee, provided the
principal use of the zoning site remains residential.
9.
Home-based businesses shall:
a)
be operated by the resident of the detached single-family dwelling unit and
may employ a maximum of 2 non-resident persons; and
b)
limit hours where open to the public to those hours between 8 a.m. and 8 p.m.
Type of Operation
10.
A home-based business shall:
a)
be limited to those occupations as listed hereunder or the like:
-
bed and breakfast operation (conditional use approval required);
-
business and professional office;
-
cabinet or furniture making, upholstery and picture framing service;
-
child day-care service - home-based (conditional use approval
required);
-
eco-tourism venture(conditional use approval required);
-
lawn care service;
-
instructional classes in art, music, exercise or sport;
-
production of arts, crafts, music, fabric items, jewelry, food products;
-
repair of small appliances, electronic equipment, instruments,
furniture and bicycles; and
-
small engine repair.
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b)
not include those occupations as listed hereunder or the like:
-
adult entertainment business;
-
autobody repair and paint shop or other repair of heavy machinery
and motor vehicles;
-
dating and escort service;
-
dispatch centre for auto-oriented service;
-
body-piercing service;
-
firearm or ammunition sales and storage;
-
massage therapy service, except where permitted at the discretion of
the designated employee and provided therapists are registered with
the provincial massage therapy association or where service is deemed
acceptable by the designated employee; and
-
vehicle towing service.
11.
Where a home-based business changes in any manner so as to no longer be in
compliance with this zoning by-law, said home-based business shall be discontinued in
that location or:
a)
be changed so as to be in compliance with this zoning by-law;
b)
be relocated to a zone where the use is permitted or conditional; or
c)
remain subject to any necessary amendment to this zoning by-law and the
development plan, where applicable.
3.1.13
LAND STEWARDSHIP
1.
Private property owners, of both inland and waterfront properties, shall be
encouraged to contribute to the protection of the shoreline and water quality of Lake
Winnipeg, and the preservation of the distinctive natural landscape of the Village by
following recommended land stewardship practices.
2.
Lawns and driveways contribute large phosphorous loads and can account for more
than 75% of the contaminant load from residential areas during significant runoff
events. Private property owners should:
a)
protect and preserve significant trees;
b)
preserve or plant deep rooted native plants and shrubs;
c)
eliminate impermeable driveway surfaces in favour of permeable paving or
gravel with mowing strips for off-street parking as the latter allows storm
water to infiltrate into the soil rather than flow directly into the lake;
d)
eliminate use of phosphorous-based fertilizers unless soil tests prepared by a
qualified soil technologist demonstrates a phosphorous deficiency in the soil
and a need for phosphorous application;
e)
plant slow growth grass species, leave grass clippings on the lawn and mulch
leaves to recycle nutrients and thereby reduce the need for fertilizing; and
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f)
refrain from using pesticides and herbicides to prevent toxins from entering
the aquatic environment.
Land within the Village of Dunnottar has been designated "Nutrient Management
Zone N5" (excluding land used for agricultural purposes) under the Nutrient
Management Regulation under The Water Protection Act. Under this regulation the
application of fertilizer containing 1% or more phosphorus by weight, to turf within
nutrient management zone N5 is restricted.
Lake Winnipeg is designated a vulnerable waterbody under this regulation, and as
such a "Nutrient Buffer Zone" of 115 feet (if no permanent vegetation) or 98 feet (if
permanent vegetation exists) is established from the high water mark or top of the
outer most bank, (whichever is further from the water) on properties identified as
'Residential Lakefront Zone' (map 1). Under the Regulation, no person shall apply a
substance containing nitrogen or phosphorus to land within the Nutrient Buffer Zone.
A Nutrient Buffer Zone of 10 to 26 feet (26 feet if land is not covered in permanent
vegetation) is established from the high water mark or top of the outer most bank,
(whichever is further from the water) from any Order 3, 4, 5 or 6 drain such as Tugela
Creek. Under the Regulation, no person shall apply a substance containing nitrogen or
phosphorus to land within the Nutrient Buffer Zone.
Riparian Buffer
3.
Riparian buffers should be maintained, enhanced if insufficient, or re-established if
disturbed, with native species to:
a)
prevent erosion and promote bank stability by absorbing wave energy and
moderating the effects of storms and floods;
b)
promote water quality through the reduction of sediment and pollutant
delivery from overland runoff generated by surrounding land uses by:
c)
acting as a physical barrier to slow surface water flow rates and trap
sediments; and
d)
removing nutrients and toxicants through chemical transformation and plant
uptake;
e)
provide aquatic and wildlife habitat; and
f)
maintain the distinctive natural appearance and atmosphere of the Village.
Sediment Traps
4.
Sediment traps shall be constructed and positioned on building construction sites,
where deemed necessary by the designated employee. Said sediment traps shall
remain in place until any required re-vegetation works are complete.
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3.1.14
LIGHTING - on-site outdoor
1.
Effective outdoor lighting design incorporates consideration of variables including
overall visibility, safety and security, energy efficiency, light trespass, and
environmental concerns such as sky glow or impact on local wild life.
Character
2.
On-site outdoor lighting in any zone:
a)
shall have such lamp wattage and luminaire type so as to minimize light
pollution into the night sky and maintain the village atmosphere;
b)
shall not incorporate rotating beams, beacons or flashing illumination so as
not to resemble emergency lights; and
c)
shall be of a scale appropriate to the neighbourhood.
Location
3.
On-site lighting in any zone shall be located and directed so as to:
a)
keep light projection within property lines and minimize light trespass onto
neighbouring residential properties;
b)
not interfere with the safe operation of nearby roadways and not to obstruct
or confuse the view of any authorized traffic sign, signal or device; and
c)
not impair the view of any street or highway intersection, or impair the view
of the intersection of a street or highway with a railroad grade crossing.
3.1.15
MUNICIPAL SERVICES
1.
All principal buildings constructed on a site served by public or private sewer, water or
hydro distribution shall be connected to said services, where applicable.
2.
Where no public or private sewer, water or hydro distribution exists, the owner shall
be required to connect all principal buildings to the services within 12 months of
service installation and availability.
3.1.16
NOXIOUS OR OFFENSIVE USES
1.
No use shall be permitted in any zone which may be noxious or offensive by reason of
the emission or production of dust, gas, noise, odour, refuse matter, smoke, vapour,
vibration or waste, except where allowed as a permitted or conditional use in a zone.
3.1.17
PARKING AND LOADING
1.
Accessory off-street parking and loading spaces shall be provided and maintained at
the time of construction of any principal building, structure or use, in accordance with
requirements listed herein and in numbers as indicated in the Use and Parking
Requirement Table for each zone.
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Entrance and Exit
2.
All accessory off-street parking areas shall have unobstructed, safe and convenient
access to:
a)
a registered road allowance that is developed as an all-weather road and is
maintained year round; or
b)
a proposed road allowance that is to be registered and developed as an all-
weather road and maintained year round, for which a road construction
development agreement has been entered into with the Municipality; or
c)
where the lots created through subdivision are condominium lots, a public or
private access route connected to either (a) or (b) above.
3.
Minimum distance between any part of an entrance, exit or combined entrance and
exit, and the intersection of a street site line or the intersection of a street site line and
a side site line on a public lane shall be a minimum of 20 feet.
Fence or Landscape Buffer
4.
Parking areas shall incorporate landscape buffers or plantings wherever possible to
soften the visual impact; and where abutting residential development, a fence or
landscape buffer or the like may be required, at the discretion of the designated
employee.
Grade and Surface Treatment
5.
Accessory off-street parking and loading areas, including the entrances and exits,
access aisles and maneuvering areas, shall be graded and drained so as to control the
pooling of water and prevent the flow of surface water onto adjacent lots or public
sidewalks, unless approved by the designated employee.
6.
All accessory off-street parking and loading areas, including the entrances and exits,
access aisles and maneuvering areas, shall be maintained with a stable surface which
is treated so as to prevent the raising of dust or loose particles. The surface shall be
constructed of crushed stone, slag, gravel, crushed brick or tile, cinders or the like with
provision for drainage facilities. The surface should be permeable to allow storm
water to infiltrate into the soil rather than flow directly into the lake. Surfaces such as
grasscrete or gravel rather than concrete or asphalt soften the appearance and reduce
surface runoff. Surface areas shall, where applicable, be treated with dust control, in
compliance with municipal standards.
Lighting
7.
Where accessory off-street parking and loading areas are illuminated, on-site outdoor
lighting shall be in compliance with regulations for "Lighting - on-site outdoor"
contained herein.
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Location
8.
All required accessory off-street parking and loading spaces shall be located on the
same zoning site as the use served, except:
Alternate Site for Accessory Off-Street Parking
a)
where permitted by variance to locate on an alternate site, subject to said
alternate site being:
-
located within 400 feet of the use served;
-
owned or secured by long-term lease; and
-
used exclusively for parking purposes.
9.
Parking spaces in the Commercial Zones shall be a minimum setback distance of 20
feet from the site lines of adjacent residential development, and where deemed
necessary by the designated employee, shall be subject to provision of landscape
buffers, fencing or the like, of a standard satisfactory to the designated employee.
Number
10.
The number of parking spaces required for permitted or conditional uses shall be in
accordance with requirements for each use as indicated in the Use and Parking
Requirement Table for each zone.
Change in Building or Use
a)
Where an existing building is enlarged or altered, or a change in use occurs
that results in a more intensive use, adjustments for parking shall be made
accordingly. For example, should outdoor seating be added to an eating
establishment, adjustment to the parking space requirement shall be made to
accommodate the expanded capacity.
Existing Use
b)
Where a building or use lawfully existed before enactment of this zoning by-
law, the existing provision of parking shall not be affected by enactment of this
zoning unless a change as per (a) above occurs, at which time adjustments for
parking shall be made according to the requirements contained herein.
Multiple Uses
c)
Where a single zoning site accommodates more than 1 type of use, the
parking space requirements for the whole zoning site shall be the sum of the
spaces required for each use as specified in the parking space requirement
table for each zone.
Use Not Listed in Parking Table
d)
Where a proposed use is not listed in the parking space requirement table, the
parking requirement shall be determined by the designated employee
Page 67 of 105
according to a comparison with similar uses contained herein, or if no similar
use is found, according to a best estimate by the designated employee.
11.
The methodology used to calculate parking space numbers shall be as listed
hereunder.
Benches and Pews
a)
Where benches, pews or the like are used, each 20 inches of said seating shall
be counted as 1 seat.
Combined Fixed Seating and Open Assembly Area
b)
Where both fixed seats and open assembly area are combined, the
requirements for each shall be calculated separately and added together.
Moveable Seating
c)
Where moveable seats or chairs are used, 1 seat per 6 feet2 of assembly area
shall be required.
Fraction of a Parking Space
d)
Where the calculation of parking space numbers results in a fractional parking
space, any fraction less than ½ may be disregarded, and any fraction of ½ or
greater shall be counted as 1 parking space.
Gross Floor Area (GFA)
e)
Where gross floor area is used in the calculation, gross floor area shall not
include any area used for incidental service storage, installations of mechanical
equipment, penthouse housing ventilators and heating systems or the like.
Page 68 of 105
Size
12.
Parking and loading requirements shall satisfy the standards listed hereunder.
Table 2 - PARKING AND LOADING
PARKING AND LOADING - SIZE REQUIREMENTS
TYPE
ANGLE (degrees)
WIDTH (ft)
LENGTH (ft)
VERTICAL (ft)
Aisles
n/a
23
n/a
6.6
Entrance or Exit
to Parking Area
single
n/a
15 min / 25 max
n/a
6.6
combined
25 min / 35 max
Loading
driveway
n/a
20
n/a
14
space
n/a
12
20
14
Parking
angle
<30
11.5
23
6.6
= or > 30to < 50
13
= or > 50 to <70
18
= or > 70 to < 90
20
disabled
n/a
14
23
6.6
parallel
n/a
8.5
23
6.6
wall- adjacent to
n/a
10
23
6.6
Use of Parking and Loading Space
13.
All accessory off-street parking and loading spaces required in compliance with this
zoning by-law shall be used for the parking of operative, currently licensed vehicles
only, and for vehicles associated with the permitted or conditional use served.
3.1.18
PUBLIC MONUMENT
1.
Public monuments may be erected and maintained in any zone upon approval by
Council.
3.1.19
PUBLIC ROAD
1.
Nothing in this zoning by-law shall be so interpreted as to interfere with the
maintenance or construction of public roads. Development permits shall not be
required for the maintenance or construction of public roads.
2.
Where the site area, site width or yard requirement of a lot is reduced below the
minimum required, as established in the bulk table for each zone, as a result of
establishment of a public road:
a)
said site area, site width or yard shall be deemed in compliance with the
requirements of this zoning by-law; and
b)
buildings and structures on-site may be maintained, altered or repaired and
used, subject to compliance with all other applicable requirements of this
zoning by-law.
Page 69 of 105
3.1.20
PUBLIC SERVICE AND UTILITY
1.
Nothing in this zoning by-law shall be so interpreted as to interfere with the
construction, maintenance and operation of the facilities of any public service or public
utility; however, public utility buildings should:
a)
be designed so as not to intrude upon the residential character of the Village;
and
b)
be located in compliance with the requirements as specified in the bulk table
for each zone.
2.
Where the site area, site width or yard requirement of a lot is reduced below the
minimum required, as established in the bulk table for each zone, as a result of
establishment of a public utility:
a)
said site area, site width or yard shall be deemed in compliance with the
requirement of this zoning by-law; and
b)
buildings and structures on-site may be maintained, altered or repaired and
used, subject to compliance with all other applicable requirements of this
zoning by-law.
3.1.21
SIGN
1.
The following signs shall not be subject to the provisions of this zoning by-law, except
where otherwise stated herein:
a)
direction signs displayed for the direction and convenience of the public
including signs which identify parking entrances or exits, rest rooms or the like,
not exceeding 3 feet 2;
b)
duly constituted signs of a municipal, provincial or federal government body,
including traffic or similar regulatory devices, legal notice, or warnings at
railroad crossings;
c)
memorial signs or tablets;
d)
"no trespassing" signs not exceeding 3 feet 2 in sign surface area;
e)
real estate signs, non-illuminated, advertising the sale, rental or lease of a
building, structure, site or part thereof and not exceeding 6 feet2; and
f)
signs required to be maintained by a law or governmental order, rule or
organization.
Character
2.
On-site outdoor signage in any zone:
a)
shall be non-illuminated so as to minimize light pollution into the night sky and
maintain the village atmosphere, but may be indirectly lit at the discretion of
Council;
b)
should be constructed of natural materials such as wood to promote the
village atmosphere;
Page 70 of 105
c)
shall not incorporate rotating beams, beacons or flashing illumination so as
not to resemble emergency lights; and
d)
shall be of a scale appropriate to the neighbourhood and in compliance with
the requirements as specified in the bulk table for each zone.
Location
3.
On-site signage in any zone shall:
a)
be located so as not to be on, over or above any land or right-of-way owned by
the municipality, except where said right is established by agreement with the
municipality;
b)
be located so as to prevent interference with the safe operation of nearby
roadways and not obstruct or confuse the view of any authorized traffic sign,
signal or device;
c)
be located in such a manner so as not to impair the view of any street or
highway intersection, or impair the view of the intersection of a street or
highway with a railroad grade crossing; and
d)
be located a minimum of 10 feet from the property line of any abutting
Residential Zone and a minimum of 1 foot from any other property line.
Maintenance or Removal
4.
Signs shall be maintained in a safe, secure and aesthetically attractive manner:
a)
Exposed surfaces shall be cleaned or painted as necessary.
b)
Broken or defective parts shall be repaired or replaced.
c)
Obsolete or abandoned signs shall be removed or revised.
5.
The designated employee may order the person responsible for a sign to repair or
remove the sign where, in the opinion of the designated employee, a sign:
a)
has fallen into a state of unsightly disrepair and constitutes a hazard;
b)
obstructs or confuses the view of authorized traffic signs, signals or devices, or
any road or highway intersection or railway crossing; or
c)
is obsolete or abandoned.
6.
Where the person responsible for said sign fails to repair or remove it, the municipality
may do so at the expense of the person responsible.
Size
7.
The methodology used to calculate sign size shall be as listed herein:
Building Face Sign
a)
Where a sign is on a building face, sign surface area shall be calculated to
include the area of the smallest square, circle, rectangle, triangle or
combination thereof that will encompass the extreme limits of the copy plus
any material or colour forming an integral part of the background, but not
including any supporting framework.
Page 71 of 105
Free-standing Sign
b)
Where a sign is free-standing, sign surface area shall be calculated to be the
area of 1 face as per (a) above.
Multi-faced or 3 Dimensional Sign
c)
Where a sign is multi-faced or 3 dimensional, sign surface area shall be 1 ½
times the area of 1 face as calculated according to (a) above.
2 Zoning sites - 1 Sign
d)
Where a sign straddles 2 zoning sites, the maximum size for 1 sign shall apply.
3.1.22
SIGHT TRIANGLE
1.
The sight triangle shall remain free from visual obstruction between a height of 3 ½
feet and 8 feet so as not to obstruct or confuse the view of vehicular and pedestrian
traffic at intersections.
3.1.23
SLEEPING CABIN
1.
A sleeping cabin means an accessory building used for temporary, secondary and
incidental accommodation of residents or guests of the residents of the single-family
detached dwelling unit on the same zoning site.
2.
A maximum of 1 sleeping cabin may be permitted per residential zoning site.
3.
Sleeping cabins shall:
a)
satisfy provincial building code requirements for residences;
b)
not contain cooking facilities, showers or baths;
c)
be under the same ownership and use the same utility meter as the principal
detached single-family dwelling unit on-site; and
d)
not be rented separately from the principal single-family dwelling unit.
Page 72 of 105
3.1.24
SWIMMING POOL, HOT TUB AND DECORATIVE POND
Decorative Ponds
1.
Decorative ponds may be located in any yard subject to a maximum pond depth of 2
feet and minimum setback distance of 1 foot from the front and corner side property
lines.
Pools and Hot Tubs
2.
Private outdoor swimming pools and hot tubs shall be:
a)
located within the interior side and rear yards of a zoning site subject to yard
requirements for accessory buildings or structures as specified in the bulk
tables for each zone; except:
-
where the zoning site is a corner lot, said swimming pool, hot tub or
related pool equipment may be located within the corner side yard, at
the discretion of the designated employee, and in compliance with
front yard requirements for accessory buildings and structures as
specified in the bulk table for each zone; and
b)
shall not be located directly under overhead electrical wires.
3.
Related pool equipment such as filters, pumps and heaters or the like shall be located
a minimum setback distance of 10 feet from a side site lines, 2 feet from the rear site
line where there is a back lane, and 10 feet from the rear site line where there is no
back lane.
4.
Related pool equipment that generates noise shall employ soundproofing measures
wherever possible and reasonable.
Security
5.
A private swimming pool shall be enclosed by fences equipped with self-closing gates
that lock in accordance with provincial building code in effect at the date of the
application for a development permit.
6.
A private hot tub or spa shall be secured against entry by individuals other than the
owner or tenant and their guests when not in use.
3.1.25
TEMPORARY BUILDING, STRUCTURE OR USE
1.
Temporary building, structure or use means a building, structure or use intended for a
limited duration.
Page 73 of 105
Temporary Building or Structure Incidental to Construction
2.
Where a temporary building is used for the storage of tools and materials during
construction of the principal building or for office space for the contractor or
developer, said temporary building shall be removed upon:
(a)
issuance of an occupancy permit for the principal building, where applicable;
or
(b)
abandonment of construction, which for the purposes of this zoning by-law,
means the failure to proceed with the construction work in accordance with
the provincial building code.
3.
Notwithstanding the provisions contained herein, temporary uses such as fairs or auto
shows or other activities acceptable to Council may be permitted, so far as the law
allows and subject to such conditions as Council may deem fit to impose, if in its
opinion the amenity or sanitary conditions of property in the vicinity will not be
adversely affected thereby.
3.1.26
TENT, TRAVEL TRAILER AND RECREATIONAL VEHICLE
1.
Temporary secondary and incidental accommodation for the resident or guests of the
resident of the single-family detached dwelling unit on the same zoning site may be
permitted in parked travel trailers or recreational vehicles, where approved sewage
disposal facilities are provided. Guest visits shall not exceed 2 consecutive weeks.
3.1.27
VEHICLE PARKING AND STORAGE
Large Truck
1.
No commercial or loaded vehicle exceeding a maximum gross vehicle weight (GVW) of
15,000 lbs or 40 feet in length shall be kept on a zoning site in the Residential Zones.
Travel Trailers and/or Recreational Vehicle
2.
Temporary secondary and incidental accommodation of the resident or guests of the
resident of the single-family detached dwelling unit on the same zoning site may be
permitted in parked travel trailers or recreational vehicles, where approved sewage
disposal facilities are provided. Guest visits shall not exceed 2 consecutive weeks.
3.
Temporary storage of travel trailers and/or recreational vehicles shall be limited to
items owned by the registered owner of the residential site and shall be restricted to
the rear or side yards.
Unlicensed Motor Vehicle
4.
No more than 1 unlicensed motor vehicle shall be kept on a zoning site in the
Residential Zones for more than 12 months, except where specifically permitted by
municipal by-law.
Page 74 of 105
Wrecked or Dismantled Motor Vehicle
5.
No dismantled or wrecked vehicle shall be kept on a zoning site in the Residential
Zones for more than 14 consecutive days, unless otherwise authorized by municipal
by-law.
3.1.28
WASTE STORAGE AND COLLECTION AREA
1.
Garbage shall be:
(a)
stored in weatherproof and animal/bird-proof containers to the satisfaction of
the designated employee;
(b)
screened from adjacent sites and public thoroughfares where practical; and
(c)
located in an easily accessible area for pickup.
2.
No rubbish, salvage materials, junk, hazardous waste materials, including inoperable
vehicles and parts thereof and any combustible matter shall be openly stored, allowed
to accumulate or kept in the open in any zone.
Page 75 of 105
PART 4 - ZONES
4.1. COMMERCIAL ZONE (C)
4.1.1 INTENT AND PURPOSE
The Commercial Zone corresponds with the Commercial Areas designation within the
Village of Dunnottar Development Plan, and provides for small-scale neighbourhood
commercial development consistent with the summer resort identity of the Village.
Table 3 - 4.1.2 COMMERCIAL USE and PARKING REQUIREMENT TABLE
PRINCIPAL USE
Parcel Size
Required by Use
P or C
MINIMUM # OF PARKING SPACES
REQUIRED
Area (ft2)
Width (ft)
artist studio or gallery
7,500
50
P
1 per artist plus 1 visitor space
eating
establishment 1
dine-in
10,000
50
P
whichever is greater: 1 per 100 feet2 of GFA devoted
to public use or 1 per 4 seats
take-out
7,500
50
P
5 per 1075 feet2
farmers' market
variable
P
1 ½ per producer selling products plus 5 visitor
spaces
greenhouse or nursery - commercial
variable
C
1 per 1000 ft2 of GFA - min 2
library
10,000
50
C
2.5 per 1075 feet2
museum
20,000
50
C
whichever is greater: 1 per 400 feet2 or 1 per seat
place of assembly - social
30,000
100
C
whichever is the greater: 1 per 6 seats, 1 per 50 ft2
or 1 per every 4 persons that can be accommodated
at any time
place of worship - neighbourhood scale
20,000
100
C
1 per 5 seats in principal assembly area - min 10
public
government office
5,000
50
C
whichever is greater: 1 per 400 feet2 of GFA or 1
per every 3 employees plus 2 for visitors
post office
variable
50
P
2 per 1075 feet2
protective and
emergency service
facility
20,000
50
P
1 per employee plus 1 per 1075 feet2
public parking area -
see General Provisions
30,000
150
C
n/a
public reserve
n/a
n/a
P
n/a
public utilities and
services - see General
Provisions
20,000
50
P
1 per 1075 feet2
public works yard
variable
C
1 per employee plus space for work vehicles
recycling depot
20,000
50
C
1 per employee plus 2 for drop off
retail sales - neighbourhood scale
7,500
50
P
1 per 325 feet2 of GFA plus 1 per employee
Page 76 of 105
1
Where the premises or part thereof is licensed under the Liquor Control Act, additional accessory off-street parking spaces may
be required beyond the minimum required herein, in accordance with the Liquor Control Act.
1
Where the principal building contains an accessory dwelling unit, the minimum side yard shall be 5 feet.
2
Where the accessory building is a detached single-family dwelling unit, the maximum height shall be 37 feet.
3
Where the fence is chain link or the like and is required for security of outdoor storage and display, the fence height may be 8 feet
in the front yard as well, provided the site-triangle is not compromised.
4
Accessory buildings shall be located a minimum of 10 feet from the principal building on the same zoning site.
4.1.2 COMMERCIAL USE and PARKING REQUIREMENT TABLE, Continued
ACCESSORY USE
P or C
MINIMUM # OF PARKING SPACES
REQUIRED
dwelling unit (min 600 feet2) accessory to commercial use - may be
detached from principal building or located within the rear ½ of the first
storey or within the second storey of the principal building
C
1 per dwelling unit
buildings or structures accessory to principal permitted or conditional
use
P
n/a
buildings or structures accessory to the accessory dwelling unit such as
garage, storage sheds and the like
P
n/a
communication utilities such as private television or radio
antennae/aerial/satellite dishes
P
n/a
outdoor display, storage and sales - subject to area being surfaced to
the satisfaction of the designated employee to prevent weed growth and
subject to provision of landscape buffer or fencing to the satisfaction of
the designated employee, where necessary
P
n/a
parking and loading areas when accessory to permitted or conditional
use - see General Provisions
P
n/a
sign - max 1 non-illuminated identification sign, max area 18 ft2 setback
min 10 ft from Residential Zone
P
n/a
Table 4 - 4.1.3 COMMERCIAL ZONE BULK TABLE
Minimum
Subdivision
Parcel Size
Building, Structure or Use
Minimum Yard Requirement - as measured from
main building wall or structure to site line
Maximum
Site
Coverage
(%)
Height
Front
Yard (ft)
Side Yard (ft)
Rear Yard (ft)
Area (ft2)
Width (ft)
Interior
Corner
Lane
No Lane
20,000
50
Principal
abutting Residential
Zones
20
20
20
30
30
37 ft
80
not abutting
Residential Zones
0
01
15
15
25
Accessory4
abutting Residential
Zones
20
10
20
5
10
15 ft1
35
not abutting
Residential Zones
0
2
0
5
10
fence
0
0
0
0
0
8 ft in side
and rear
yard
3 ½ feet in
front yard3
n/a
Page 77 of 105
4.2. OPEN SPACE, PARKS AND RECREATION ZONE (OS)
4.2.1 INTENT AND PURPOSE
The Open Space, Parks and Recreational Zone corresponds with the Open Space, Parks
and Recreational Areas designation within the Village of Dunnottar Development Plan,
and provides for undeveloped lands, parks and recreational facilities within the Village.
Table 5 - 4.2.2 OPEN SPACE, PARKS AND RECREATION ZONE USE and PARKING
REQUIREMENT TABLE
PRINCIPAL USE
Parcel Size
Required by Use
P or C
# OF PARKING SPACES
REQUIRED
Area (ft2)
Width (ft)
artist studio and/or gallery
variable
C
1 per artist plus 1 visitor space
community fair or the like
variable
P
n/a
farmers' market
variable
P
1 ½ per producer selling products plus 5
visitor spaces
heritage and archeological buildings, monuments or
the like
variable
P
n/a
horticultural gardens and displays
variable
P
n/a
museum
20,000
50
P
whichever is greater: 1 per 400 feet2 or 1
per seat
place of assembly
30,000
100
C
whichever is the greater: 1 per 6 seats, 1
per 50 ft2 or 1 per every 4 persons that
can be accommodated at any time
public
parks, walkways or the like
variable
P
n/a
picnic areas
variable
P
n/a
playgrounds, tot lots or the like
variable
P
n/a
public monument - see General
Provisions
n/a
P
n/a
public parking area - see General
Provisions
10,000
80
C
n/a
public reserve
n/a
P
n/a
public utilities and services see
General Provisions
20,000
50
P
1 per 1075 feet2
recreation facilities: ball diamonds, bowling greens,
tennis courts or the like
1 acre
100
P
1 space per 4 seats plus 1 space per
player capacity
ACCESSORY USE
buildings or structures accessory to principal permitted or conditional use -
see General Provisions
P
n/a
communication utilities such as private television or radio
antennae/aerial/satellite dishes
P
n/a
parking and loading areas when accessory to permitted or conditional use -
see General Provisions
P
n/a
Sign
- see
General
Provisions
max 1 non-illuminated identification sign, max area 18 feet2 and/or
max 1 non-illuminated direction sign, max area 32 feet2
P
n/a
Page 78 of 105
Table 6 - 4.2.3 OPEN SPACE, PARKS AND RECREATION ZONE BULK TABLE
Minimum
Subdivision
Parcel Size
Building, Structure or Use
Minimum Yard Requirement - as measured from
main building wall or structure to site line
Maximum
Site
Coverage
(%)
Height
Front
Yard (ft)
Side Yard (ft)
Rear Yard (ft)
Area
(ft2)
Widt
h (ft)
Interior
Corner
Lane
No Lane
n/a
n/a
Principal
all uses except below
5
25
0
37 ft
10
place of assembly
45
25
25
n/a
60
public parking area
20
15
25
n/a
100
Accessory
all uses except below
20
15
10
30 ft
10
place of assembly
45
15
10
25
10
fence
0
0
0
3 ½ feet
n/a
Page 79 of 105
4.3. RESIDENTIAL ZONES (R) (RL)
4.3.1 INTENT AND PURPOSE
Residential Zones are divided into 2 zones: Lakefront Residential (RL) and Residential
(R). The Residential Zones correspond with the Residential Areas designation within
the Village of Dunnottar Development Plan, and provides for single-family residential
development consistent with the summer resort identity of the Village, as well as
limited compatible non-residential uses.
Table 7 -4.3.2 RESIDENTIAL ZONES USE and PARKING REQUIREMENT TABLE
PRINCIPAL USE
Parcel Size
Required by Use
P or C
# OF PARKING SPACE S REQUIRED
Area (ft2)
Width (ft)
R
RL
agricultural land uses on undeveloped lands -
limited to crop use
n/a
P
C
n/a
artist's studio or gallery
20,000
50
P
C
1 per artist plus 1 visitor space
library
10,000
50
P
C
2.5 per 1075 feet2
museum
20,000
50
P
C
whichever is greater: 1 per 400 feet2 or 1 per
seat
place of worship - small scale
20,000
100
P
C
1 per 5 seats in principal assembly area - min
10
public
parks, walkways or the like
n/a
P
C
n/a
picnic areas
n/a
P
C
n/a
playgrounds, tot lots or the like
n/a
P
C
n/a
public monument - see
General Provisions
n/a
P
C
n/a
public reserve
n/a
P
C
n/a
public utilities and services -
see General Provisions
20,000
50
P
C
1 per 1075 feet2
residence
senior citizen home (min 400
feet2 per dwelling unit)
10,0001
70
C
C
whichever is greater: 1 per 4 dwelling units or 1
per 4 beds
single-family dwelling unit (min
600 feet2) max 1 per zoning
site - no mobile homes
7,500
50
P
P
1 per dwelling unit
Page 80 of 105
Table 8 - 4.3.2 RESIDENTIAL ZONES USE and PARKING REQUIREMENT TABLE
ACCESSORY USE
P or C
# OF PARKING SPACE S REQUIRED
R
RL
bed and breakfast operation - see General Provisions
C
C
1 per guest bedroom plus 1 per non-resident
employee
buildings or structures accessory to principal permitted or conditional use
except gazebos - see General Provisions
P
P
n/a
child day-care service: home-based - see General Provisions
C
C
1 customer pick-up/drop off plus 1 per non-
resident employee
communication utilities such as private television or radio
antennae/aerial/satellite dishes
P
P
n/a
eco-tourism
C
C
1 customer space plus 1 per non-resident
employee
gazebo
P
P2
n/a
home-based business - other than bed and breakfast operation, child care
services and eco-tourism venture - see General Provisions
C
C
adequate space for customer parking (min 1
space) plus 1 per non-resident employee
parking and loading areas when accessory to permitted or conditional use
- see General Provisions
P
P
n/a
sign
see General Provisions
non-residential use: max 1 non-
illuminated identification sign, max area 9
feet2
P
P
n/a
residential use: max 1 non-illuminated
identification sign, max area 2 feet2
P
P
sleeping cabin (max 320 feet2 ) - see General Provisions
P
P
n/a
1
10,000 feet2 for first 4 dwelling units plus 1,000 ft2 per additional dwelling unit
2
Where a gazebo is to be located in the lakefront yard in the RL zone, conditional use approval shall be required.
4.3.2.1 - BUILDING HEIGHT REGULATION:
Lot Width
Under 50ft
50ft - 75ft
Over 75ft
Building Height
22.5 ft (max)
30 ft (max)
37 ft (max)
Page 81 of 105
Table 9 - 4.3.3 RESIDENTIAL ZONES BULK TABLE
Minimum
Subdivision
Parcel Size
Building, Structure or
Use
Minimum Yard Requirement - as measured from main building wall or structure to site line
Maximum
Front Yard
(ft)
Lakefront
Yard (ft)
Side Yard (ft)
Rear Yard (ft)
Height
(ft)
Site
Coverage
(%)
Interior Side Yard based on Building
Height
Corner
lane
no lane
RL
Area
(ft2)
Width
(ft)
R
RL
Building Height (ft)
Side Yard (ft)
all
R
7,500
75
Principal - Non-
residential
30
25
n/a
15
20
25
25
374
60
Principal - Residential1
(single family dwelling
unit shall be a min 600
ft2)
20
25
22.5 or less
5³
15
25
25
22.5 on
lots <
50(ft)
wide
20
Between 22.5 and
30
7³
30 on
lots 50-
75 (ft)
wide
More than 30
10³
37 on
lots >
75(ft)
wide
Accessory
2
Deck (BL
941/17)
Not
permitted
in front
yard
0
5 ft - may be 2 ft if at rear of
principal building
15
5
5
15
22.5
n/a as per
BL 934/16
fence
0
0
0
0
0
0
4 front
yard5,6
6 side
and
rear5,6
n/a
flag pole
5
5
5
5
5
5
30
garage
not
permitted
in front
yard
not
permitted
in front
yard
5 ft - may be 2 ft if at rear of principal
building
15
5
5
15
15
10
gazebo
15
15
sleeping
cabin
(max 320
(ft))2
not
permitted
in front
yard
other
1
Senior citizen homes shall require a minimum of 10,000 feet2 for first 4 dwelling units plus 1,000 ft2 per additional dwelling unit - each dwelling unit shall
be a min 400 feet2.
2
Accessory buildings shall be located a minimum distance of 10 feet from the principal building on the same zoning site.
3
Senior citizen homes shall require a minimum side yard of 15 feet.
4
Lot width must accommodate required side yard in accordance with building height.
5
Fence height shall be a maximum of 4 feet in the front yard and along the side site line from the front face of the principal building to the front
site line in the R zone (BL 934/16).
6
Fence height shall be a maximum of 4 feet in all yards in the RL zone (BL 934/16).
Page 82 of 105
PART 5.0 - DEFINITIONS
A
Abut or abutting
means, with respect to a site, a site that physically touches
upon another site or piece of land, and shares a lot line or
boundary line with it.
Access
means of vehicular approach or entry to or exit from
property.
Access Strip
means that portion of a flag or panhandle lot between the
street onto which it has access and the point where a lot
dimension parallel to the street first equals or exceeds the
minimum lot width as specified in the bulk tables for the
applicable zone.
Accessory
means a subordinate building, structure or use which is
incidental and accessory to the principal building, structure
or use, and located on the same zoning site as the principal
building, structure or use.
Accessory Building, Structure or Use
means a building, structure or use which is accessory to that
of the principal building, structure or use located on the
same zoning site.
Agricultural
means a use of land for agricultural purposes including
farming, Land Uses dairying, pasturage, aquaculture,
agriculture, apiculture, floriculture, horticulture, and animal
and poultry husbandry and the necessary accessory uses for
packing, storing or treating the produce provided; however
that the operation of any such accessory uses shall be
secondary to that of the normal agricultural activity.
Alter or Alteration
means, with respect to a building or structure, a change or
modification to an existing building or structure which unless
otherwise provided for herein, does not increase the
exterior dimensions with respect to height and area.
Ancillary
means subordinate and directly related to, and dependent
upon, a principal building, structure or use.
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Area Affected
means all that land within the boundaries of the Village of
Dunnottar.
Artist Studio and Gallery
means premises used for creating and showing arts and
crafts.
Attached
means a building otherwise complete in itself, which is
dependent for structural support, or complete enclosure,
upon a wall or walls shared in common with an adjacent
building or buildings.
Awning or Canopy
means any roof-like structure, which may be constructed as
an integral part of a building or attached in such a manner as
not to be an integral part of a building, but is so constructed
to provide shelter or shade over an entrance or window.
B
Basement
means the portion of a building between 2 floor levels which
is partly underground.
Bed and Breakfast Operation
means a business conducted within a detached single-family
dwelling unit or its accessory building by the residents
thereof, that provides accommodation to paying customers,
where said use is secondary and incidental to the principal
use of the dwelling unit as a residence.
Bedroom
means a habitable room located with a dwelling unit or
sleeping cabin that is used primarily for sleeping.
Bicycle Parking
means an area designed and equipped for the purpose of
Space
parking and securing a bicycle.
Building
means a building as defined in The Planning Act.
Building Permit
See "Development Permit."
Bulk
means the following:
(a)
the size (including height of building and floor area) of
buildings and 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;
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(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 and structures and
their relationships thereto.
C
Child Day Care Service
means, where home-based, temporary care for
compensation within a private residence for 3 or more
children, excluding children of the operator (natural,
adopted or foster) living in the home.
Communication Facility (private)
means antennas, aerials, receiving dishes or the like
intended for the purpose of transmitting or receiving radio,
television communication signals or the like.
Compatible
means a building or structure, activity or use that blends
with, conforms to, or is harmonious with the surrounding
ecological, physical, visual or cultural environment.
Conditional Use
means a use of land, building or structure which may be
permitted in a particular zone, only at the discretion of
Council and in accordance with The Planning Act.
Corner Lot
means a lot which is situated at the intersection of 2 or more
streets having an interior angle of intersection of not more
than 135 degrees or where the street bends to create an
interior angle of not more than 135 degrees.
Council
means the Council of the Village of Dunnottar.
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D
Density
means the total number of dwelling units divided by the
total area of land to be developed, expressed in gross acres.
Designated Employee
means an employee of the Village of Dunnottar who is
designated to carry out a power or responsibility in
accordance The Planning Act.
Developable Site
means an area where the groundwater table under the
surface of the land is no less than 7 feet below surface land.
Development
means:
a)
the construction of a building on, over or under land;
b)
a change in the use or intensity of use of a building or
land;
c)
the removal of soil or vegetation from land; and
d)
the deposit or stockpiling of soil or material on land
and the excavation of land.
Development Permit
means a permit issued by the Village of Dunnottar
authorizing development, and may include a building permit.
Drainage
means surface water runoff and the removal of surface
water or groundwater from land by drains, grading, or other
means including runoff controls to minimize erosion and
sedimentation during and after construction or
development, the means of preserving the water supply, and
the prevention or alleviation of flooding.
Dwelling Unit
means 1 or more rooms in a building designed for 1 or more
persons as a single housekeeping unit with cooking, eating,
living, sleeping and sanitary facilities.
E
Eating Establishment
means premises where food or beverage is prepared and
offered for sale for consumption either on the premises for
dine-in establishments or off the premises for take-out
establishments.
Eco-Tourism Ventured
means a business providing tours related to educating
participants about the environment or experiencing aspects
of the environment.
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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.
Existing Building
means a building or structure that, on the date of enactment
of this zoning by-law, is lawfully under construction or a
permit for the construction is in force and effect, and
construction of the building is started by the deadline set out
in the permit. PA 86(1)
Existing Parcel
means a building or structure that, on the date of enactment
of this zoning by-law, conditional approval for a subdivision
of the land has been issued by the approving authority and
the subdivision is registered in the Land Titles Office by the
deadline set out in the approval.
Existing Use
means a use for which, on the date of enactment of this
zoning by-law, a permit or approval has been issued by the
Village of Dunnottar authorizing the use of land or the
intensity of the use of land.
Extension
means an increase in the amount of existing floor area used
for an existing use, within an existing building.
F
Family
means one or more individuals occupying a dwelling unit and
living as a single household unit.
Farmers' Market
means a market, usually held out-of-doors, in public spaces,
where farmers can sell their produce to the public.
Fence
means a vertical physical barrier constructed to prevent
visual intrusions, unauthorized access, or to provide sound
abatement.
Flag Lot or Panhandle Lot
means a lot with a long and narrow access road leading to a
developable site.
Fla
g
Page 87 of 105
Flood Risk Area
means that land adjacent to the lake or stream which is
divided into 2 parts: the floodway and the floodway fringe.
The floodway includes the area where the majority of
floodwaters pass. The floodway fringe includes the area
outside the floodway which requires approved flood
protection measures due to periodic flooding or inundation
by flood waters.
Floor Area
means the sum of the gross horizontal areas of all floors in a
particular building, with the average interior height of 6 ½
feet or more, measured from the exterior faces of the
exterior walls or from the centerline of party walls. In
particular, the floor area of a building includes:
(a)
basements when used for residential, recreational,
commercial or industrial purposes, but not including
space used for storage or the housing of mechanical
or central heating equipment;
(b)
hallways, closets, bathrooms, elevator shafts and
stairwells at each storey, except shaft and stair
bulkheads and exterior unroofed steps or stairs;
(c)
penthouses, mezzanines, lofts and attics when
improved for human habitation and where there is an
average structural headroom of 6 ½ feet or more; and
(d)
attached balconies, decks, patios, sun rooms and
porches completely enclosed by walls and a roof, but
not including attached garage or carport.
Frontage
means all that portion of a site fronting on a street.
G
Garage
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 vehicles and may include the incidental
storage of other personal property.
Garage or Yard Sale
means the sale of personal property from premises
containing a dwelling unit, community facility or the like.
Page 88 of 105
Gazebo
means an accessory building consisting of a detached,
covered, free-standing, open air structure not exceeding 300
feet2.
Grade
means, where used to determine building or structure
height, the average level of finished ground adjoining a
building or structure at all exterior walls, as determined by
the designated employee.
Greenhouse(commercial)
means a building for the growing of flowers, plants, shrubs,
trees and similar vegetation for sale to the public.
Ground Water Pollution Hazard Area means the area(s) where the carbonate rock or sand and
gravel are at or near ground surface as defined by Manitoba
Conservation.
Gross Floor Area
means the total area of all wholly enclosed floors in a
building, above and below grade, measured from the
exterior of the main walls or centre line of party walls at the
level of each floor, including:
(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 use for mechanical equipment (with
structural headroom of 6 feet or more except
equipment, open or enclosed, located on the roof;
(c)
elevator shafts and stairwells at each story except
safest and stair bulkheads and exterior unroofed steps
or stairs; and
(d)
penthouses, mezzanines, or attics where there is a
structural headroom of 7 feet or more.
H
Hazard Land
means land subject to bank instability, flooding, ponding,
shoreline erosion, or land that has flowing wells, high
susceptibility to groundwater pollution or having poor
subsoil characteristics that render bearing strength
insufficient for building purposes.
Heritage Site
means premises included in the Province of Manitoba
Inventory of Heritage Properties, as listed as being of
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historical, architectural, archeological or cultural heritage
value or interest, or designated as such pursuant to the
Manitoba Heritage Act.
Highway
means a publicly owned street, road, lane, bridge, viaduct,
and any other way open to use of the general population,
but does not include a private right-of-way on a private lot.
Home-based Business
means an occupation, trade, profession or craft which is
operated out of the principal single-family dwelling unit or
its accessory building or structure.
I
Interior Lot
means any lot other than a corner or through lot.
K
Key Lot
means a lot that abuts a corner lot and has, in whole or in
part, a side lot line that is the rear lot line of the corner lot.
L
Lake
means Lake Winnipeg.
Lakefront
means the common boundary between Lake Winnipeg and
an area of land.
Land
means land, messages, tenements and hereditaments,
whether corporeal and incorporeal of every kind and
description, whatever the estate or interest therein,
whether legal or equitable, and all trees and timber thereon,
and all mines, minerals and quarries, unless specially
excepted.
Lane
means a street not less than 20 feet or greater than 30 feet
in width.
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Landscape Buffer
means a strip of landscaping or vegetation used to provide a
screen between sites in order to mitigate objectionable
features between them.
Landscaping
means trees, shrubs, grass, flowers, vegetables, decorative
stonework, walkways, screening or other horticultural or
landscape-architectural elements, or any combination of
these; but does not include driveways, loading or parking
areas, and directly associated elements such as curbs or
retaining walls.
Lane
means a street not less than 20 feet and no more than 30
feet in width which is a public right-of-way, and is not for
general traffic circulation and which may provide an
alternate means of access to abutting lots.
Light Trespass
means "spill" light illuminating objects beyond the property
boundaries. Light trespass occurs when neighbour's of an
illuminated space are affected by the lighting systems
inability to contain its light within the intended area. Light
trespass occurs when a luminaire emits too much light at
high angles or projects light too far from where it is
intended.
Loading space
means an off-street space or berth on the same zoning site
with a building or contiguous with a group of buildings, for
the temporary parking of commercial vehicles while loading
or unloading merchandise or materials, and which abuts
upon a street, lane or other appropriate means of access.
Lot
means a single parcel or tract of land which may be
conveyed in accordance with the provisions of The Planning
Act of the Province of Manitoba, or which is described in a
registered deed.
Lot Line
means the boundary of a lot.
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M
Modular Home
means a building assembly or system of building sub-
assemblies manufactured in its entirety or in substantial part
off-site and transported to the point of use for installation
on-site, with or without other specified components as a
finished building or as part of a finished building in
accordance with SCA building regulations. Modular homes
need not have electrical, plumbing, heating, ventilation,
insulation or other service systems, but when such systems
are installed at the off-site manufacture or assembly point,
they shall be deemed a part of such building assemblies.
Modular homes do not include open frame construction
which can be completely inspected on-site.
Museum
means premises used for the exhibition of objects of cultural,
historical or scientific interest, and which may include the
collection or preservation of such objects, primarily for the
recreation or cultural education of the public.
O
Open Space
means the 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
buildings, that is unobstructed to the sky and not used for
service driveways or accessory off-street parking space or
loading space, unless otherwise provided for herein, but
which is useable for recreational and leisure activities
normally carried on outdoors.
Open Storage
means the use of lands for keeping or storing goods,
materials, containers or equipment external to a wholly
enclosed building; but does not include required parking.
Owner
means, where applied to property, a person who is the
owner of a freehold estate in the property and includes:
(a)
a person who is an owner with another person as joint
tenant or tenant in common of a freehold estate;
(b)
a person who is registered under The Condominium
Act as the owner, as defined in that Act, of a unit
under that Act; and
(c)
a real owner, as defined in The Municipal Act.
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P
Parcel of Land
means the aggregate of all land described in any manner in a
certificate of title.
Park, Public
means an area open to the general population and reserved
for outdoor recreational, scenic or conservation purposes.
Parking Area
means an area containing parking spaces, other than a
street, for 2 or more vehicles, which is available for public
use or as an accommodation for clients, customers, or
residents, and which has adjacent access to a public road.
Parking Space
means an area which is used for the parking of a vehicle.
Parking Space Tandem
means a parking space which is positioned in such a manner
that it is necessary to pass through 1 parking space to access
the other from a street, lane or driveway.
Parking, Accessory Off-Street
means 1 or more parking spaces provided as a principal use
on a lot and which is ancillary parking required for a principal
use on another lot.
Performance
means a standard established to control 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.
Place of Assembly - Social
means premises of a business establishment or non-profit
organization used for fraternal or sororal, social, cultural or
educational events and may include, but is not limited to, a
banquet hall, union hall or place of worship hall; and also
includes a community hall.
Place of Worship
means premises used by a religious organization for worship.
The Planning Act
means The Planning Act, L.M. 2005, c. 30, being the
Continuing Consolidation of the Statutes of Manitoba, and
amendments thereto.
Planning Commission
means a Planning Commission established under The
Planning Act.
Premises
means the whole or part of lands, buildings or structures, or
any combination of these.
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Principal
means in relation to a use conducted or a building or
structure constructed on a lot primary and most important.
Protective and Emergency Services
means development that is required for the public
protection of persons and property from injury, harm, or
damage together with the incidental storage of equipment
and vehicles. Typical uses include police stations, fire
stations, ambulance services and ancillary training facilities.
Public Monument
means a statue, cairn or other non-habitable structure
erected in memory of a person, event or in recognition of a
cultural or historical site or tradition.
Public Road
means a highway as defined in The Highway Traffic Act.
Public Service
means the provision of ambulance, fire protection, mail
delivery, road maintenance, police service or the like.
Public Use
means premises operated by, or under the direct authority
of the Village of Dunnottar, Province of Manitoba or
Government of Canada, unless otherwise defined by this
zoning by-law.
Public Utility
means any system, works, plant equipment or services
which furnish services and facilities available at approved
rates to or for the use of the inhabitants of the Village,
including by not limited to:
(a)
communication - telephone, telegraph, television;
(b)
public transportation - bus or other vehicle;
(c)
production, transmission, delivery or furnishing of
water, gas or electricity to the public at large; and
(d)
collection of sewage, garbage or other waste.
Public Utility Building
means a building used by a public utility.
Public Works Yard
means premises operated by, or under the direct authority
of, the Village of Dunnottar, Province of Manitoba or
Government of Canada, for the storage, manufacture,
maintenance or repair of buildings, infrastructure, materials
or equipment, or any combination of these; and it may
include uses such as a machine shop, paint shop, sign shop,
wood-working shop, repair garage or storage facility used in
connection with public works.
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R
Recreational Vehicle
means a motorized or towable vehicle that combines
transportation and temporary living accommodations for
travel, recreation and camping.
Religious Organization
means an association of persons that is registered as a
charitable organization under Province of Manitoba
legislation and organized for the advancement of religion
and for the conduct of religious worship, services or ties.
Repair
means the renewal or reconstruction of any part of an
existing structure for the purpose of maintenance or
restoration.
Residential
means the use of a dwelling unit for:
(a)
the permanent domicile or home life of a person or
persons, or
(b)
the occasional or seasonal occupancy of a dwelling
unit by an owner who has a permanent domicile
elsewhere or a non-paying guest of such an owner,
and for these purposes an "owner" includes a tenant
under a residential tenancy agreement.
Retail Sales
means a commercial use that consists of the selling of goods
or merchandise on the premises directly to the consumer for
personal, household, small business or office use, and
including the incidental or subordinate rendering of services,
processing or manufacturing of goods to be sold.
Reverse Corner
means a corner lot, the flanking street site line of which is
substantially a continuation of the front site line of the first
site to its rear.
Riparian
means the lush vegetation located adjacent to rivers, creeks,
lakes, springs, wetlands and coulees that are a transition
zone between the upland and aquatic ecosystems.
Page 95 of 105
S
Senior Citizen Home
means living accommodation for senior citizens in a semi-
independent living arrangement, primarily in bed-sitting
rooms, other than a Seniors Community House, provided
there is:
(a)
a maximum of 2 persons per bed-sitting room;
(b)
accommodation for 1 or more staff persons;
(c)
1 or more common lounges and dining areas; and
(d)
food preparation facilities shared by all residents.
Sensitive Land
means:
(a)
land that is susceptible to flooding, permafrost,
erosion or that has unstable slopes or poor drainage;
(b)
areas of special significance for animal, bird or plant
life, including wetlands, forests and nesting areas; and
(c)
land which any development is likely to harm
ecological diversity.
Separation Distance
means a distance to be maintained between 2 uses,
measured from the nearest points of any structure or areas
upon which the uses are located.
Setback
means the distance that a development or a specified
portion of it must be separation distance from a lot line.
Shoreline
means the land immediately adjacent to waterbodies or
watercourses and in the case of the Village of Dunnottar,
shall include lands adjacent to Lake Winnipeg and Tugela
Creek.
Sign
means any visual medium, including its structure and other
component parts, illuminated or not illuminated, which is
used or capable of being used, on a permanent or temporary
basis, to identify or convey information, or to advertise or
attract attention to a product, service, place, activity,
person, institution or business. Without limiting the
generality of the foregoing, signs shall include banners,
placards and painted messages.
Abandoned
means any sign which no longer correctly identifies a
business or the products and services offered on the site
where the sign is located, or any sign which is not in a
readable state.
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Advertising
means a sign directing attention to a business, commodity,
service, thing, message or entertainment conducted, sold, or
offered elsewhere than upon the same zoning site on which
the sign is located.
Bulletin Board
means a sign of permanent character, but with movable
letters, words or numerals indicating the named of person
associated with, or events conducted upon, or products or
services offered upon the premises upon which said sign is
maintained, such as a church or community hall bulletin
board or the like.
Business
means a sign directing attention to a business, commodity,
service, thing, message or entertainment conducted, sold, or
offered upon the same zoning site on which that sign is
located.
Construction
means a temporary sign erected by an individual or a firm on
the premises undergoing construction and upon which the
sign user identifies a construction project and information
relative thereto.
Directional
means:
a)
a sign which directs the public to or denotes the name
of any thoroughfare, route, educational institution,
public building, historical site, or hospital;
b)
a sign which directs and regulates vehicular and
pedestrian traffic;
c)
a sign which denotes any public transportation facility;
d)
a sign which gives direction to a private premises or its
vehicular use area.
Identification
means a sign that identifies a business, owner, resident, or
institution by name, logo or street address and which sets
forth no other advertisement.
Real Estate
means a sign advertising the sale, rental or lease of the site
where the sign is located.
Portable
means a sign greater than 5 feet2 in area mounted on a
trailer, stand or other support structure which is designed in
such a manner that the sign can readily be relocated to
provide advertising at another location or readily taken on
and off a site, an may include copy that can be changed
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manually through the use of attached characters, message
panels or other means.
Temporary
means a sign with or without a structural frame and
intended for a limited period of display, and for purposes of
this zoning by-law shall not include a portable sign, except
sandwich boards or the like.
Sign Area
means the entire area of the sign on which copy is intended
to be placed. In the case of double-faced or multi-faced
signs, only half of the area of each face of the sign used to
display advertising copy shall be used in calculating the total
sign area.
Single-Family Dwelling Unit
means a building designed for occupancy by 1 family, and
for purposes of this zoning by-law, shall not include mobile
homes or modular homes.
Site Area
means the calculated area contained within the site lines of
a zoning site.
Site Coverage
means the percentage of the site area which is occupied by
buildings, including accessory buildings or structures.
Site Depth
means the average horizontal distance between the front
and rear lot lines of the site.
Site Frontage
means that portion of a zoning site fronting on a street and
measured between side site lines.
Site Lines
means the boundary of a lot or site.
Site Triangle
means the area on either side of an access way at its
junction with a public street forming a triangle within which
clear visibility of approaching vehicular or pedestrian traffic
must be maintained.
Site Width
means the horizontal distance between the side lot lines of a
site, measured at right angles to the site depth at a point
midway between the front and rear lot lines, or at 50 feet
from the front lot line, whichever is the lesser.
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Sleeping Cabin
means a building accessory to and subordinate to the
permitted single-family dwelling unit designed to provide
additional sleeping quarters without full baths and cooking
facilities, for residents thereof or occasional guests of the
owner.
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.
Street
means a street as defined in The Planning Act.
Structural Alteration
means the construction or reconstruction of supporting
elements of a building or other structure.
Structure
means anything that is 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 the like.
Surface Water
means any body of flowing or standing water, whether
naturally or artificially created, including but not limited to a
lake, river, creek, spring, swamp, wetland or marsh,
including ice on any of them, but not including a dugout on
the property of an agricultural operation.
T
Temporary
means, when referring to buildings, structures and uses, a
building, structure or use for which a development permit
has been issued for a limited time only.
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Through Lot
means a lot other than a corner lot, which abuts 1 or more
streets in more than 1 location.
Traffic Generation
means the volume of vehicular traffic generated over a
prescribed area within a prescribed time frame, which can
be directly attributed to a particular development or
geographic area.
Travel Trailer
means a trailer designed to provide temporary living
quarters for recreational, camping or travel use, of such size
or weight as not to require special highway movement
permits when towed by a motor vehicle.
U
Use
means the purpose or activity for which a building, structure
or parcel of land is designed, arranged, developed or
intended, or for which it is occupied and maintained.
V
Vehicle
means a wheeled or tracked device, either self-propelled or
capable of being pulled by a self-propelled device, for
moving persons or objects, or for construction or agriculture,
or any combination of these.
W
Watercourse
means a natural or manmade channel through which water
flows, including but not limited to a lake, river, creek, spring,
swamp, wetland or marsh.
Throug
Page 100 of 105
Y
Yard
means the required open space that is unoccupied by any
building or structure and unobstructed from its lowest level
to the sky, unless otherwise permitted in this zoning by-law.
A required yard extends along a site line or wall to a depth
or width (measured from the site line or wall) as specified in
the bulk table for the applicable zone.
Front Yard
means an area that extends across the full width of a lot
between the front lot line and the nearest main wall of a
building that is closest to the front lot line.
'Lakefront' yard
in the Residential Lakefront Zone (RL) shall refer to that yard
adjacent to Lake Winnipeg.
Rear Yard
means an area that extends across the full width of a lot
between the rear lot line and the nearest main wall of a
building that is closest to the rear lot line.
'Rear' yard
in the Residential Lakefront Zone (RL) shall refer to that yard
adjacent to a public road.
Side Yard
means an area that extends from a front yard to a rear yard
of a lot between the side lot line and the nearest main wall
of a building that is closest to the side lot line.
front
yard
rear
yard
side
yard
principal
building
street
street
Side
yard
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Z
Zoning site
means an area of land which:
(a)
is occupied, or intended to be occupied, by a principal
building and accessory buildings, or used for the
principal use or multiple uses, having open spaces as
required by this zoning by-law;
(b)
has frontage on a street or has any lawful means of
access satisfactory to the Council; and
(c)
is of sufficient size to provide the minimum
requirements of this zoning by-law for a permitted or
conditional use in a zone where the use is located.
PART 6.0 - AMENDMENTS
Adopting
By-law
Changes and Amendments
Content
Affected
Remarks
Text
Map
934/16
Various text amendments
X
941/17
Amendments to 1.2.1 Bulk Requirements and 4.3.3 Table 9
Residential Zones Bulk Table to accommodate decks in the
Lakefront Yard zone at the front of a principal building.
X
982/25
Various text amendments related to building height
X
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PART 7.0 - CONSOLIDATED ZONING MAPS
7.1 CONSOLIDATED ZONING MAP 1 - VILLAGE OF DUNNOTTAR
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7.2 CONSOLIDATED ZONING MAP 2 - PONEMAH
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7.3 CONSOLIDATED ZONING MAP 3 - WHYTEWOLD
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7.4 CONSOLIDATED ZONING MAP 4 - MATLOCK