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CITY OF MORDEN
BY-LAW 08-2017
BEING a by-law of the City of Morden to regulate and control the use and development of
land and buildings within the municipal limits of the City of Morden.
WHEREAS pursuant to the provisions of Subsection 40(1) of the The Planning Act (the
Act), the Morden-Stanley-Thompson-Winkler (MSTW) Planning District, which includes the
City of Morden, has, by By-law, adopted The MSTW Planning District Development Plan
By-law 1-2014;
AND WHEREAS Section 68 of the Act provides that a Municipal Council within a Planning
District must adopt a zoning by-law that is generally consistent with the Development Plan
by-law;
NOW THEREFORE the Municipal Council of the Town of Morden, in meeting duly
assembled, enacts as follows:
1. The City of Morden Zoning By-law No. 22-2008, and all amendments thereto, are
hereby rescinded.
2. The Zoning By-law, attached hereto and marked as Schedule "A", is hereby
adopted.
3. This By-law shall be known as the City of Morden Zoning By-law.
4. The City of Morden Zoning By-law shall take force and effect on the date of Third
Reading of this By-law.
DONE AND PASSED in Council assembled in Council Chambers, in Morden, Manitoba,
this day of , A.D. 2017.
CITY OF MORDEN
Mayor
City Manager
Read a first time this
24th
day of
April
2017
Read a second time this
day of
2017
Read a third time this
day of
2017
I, John Scarce, City Manager for the City of Morden hereby certify the above to be a true and correct copy of By-
law No. 8-2017 as read a first time by Council at the Regular Meeting held on the April 24, 2017.
Dated at the City of Morden, in Manitoba, this April 24, 2017.
John Scarce, City Manager
CITY OF MORDEN
ZONING BY-LAW 08-2017
2
THE CITY OF MORDEN
ZONING BY-LAW
BEING SCHEDULE "A"
ATTACHED TO BY-LAW NO. 08-2017
OF
THE CITY OF MORDEN
CITY OF MORDEN
ZONING BY-LAW 08-2017
3
PART I - SCOPE & ADMINISTRATION
1.0
Title & Contents
1.1
Title
1.2
Intent & Purpose
1.3
Regulation of Uses
1.4
Contents of the By-Law
1.5
Headings & Titles
1.6
Interpretation
1.7
Units of Measurement
1.8
Effective Date
1.9
Control of Development
1.10
Relationship to Former By-Laws
1.11
Validity
2.0
Non-Conforming Buildings, Structures, Lots, & Uses
3.0
Zoning District Boundaries
3.1
Zoning Maps
3.2
Boundary Determination
4.0
Approval Required for Development
5.0
Legislation, Policies, & Regulations
5.1
Compliance
5.2
Public Utilities & Services
6.0
Authority & Responsibilities of the Designated Officer
6.1
Establishment & Appointment
6.2
Designated Officer Duties & Responsibilities
6.3
Entry for Inspection & Other Purposes
6.4
Conditional Uses & Variances
6.5
Minor Variances
6.6
Public Inspection of Applications
6.7
Maintenance & Inspection of By-Law
7.0
Responsibilities of Council
8.0
Duties of the Owner
9.0
Development Procedures
9.1
General Conditions
9.2
No Development Permit Required
9.3
Development Permit Application - Required Information
10.0
Conditions Attached to a Development Permit
11.0
Enforcement and Penalties
11.1
Offences
11.2
Penalties
11.3
Suspension or Revocation of the Development Permit
12.0
Zoning Amendments
12.1
Text & Mapping Amendments
12.2
Review & Processing of Amendments
12.3
Notification of Amendments
13.0
Conditional Uses & Variances
13.1
Conditional Uses
13.2
Variances
14.0
Subdivisions
PART II - GENERAL PROVISIONS
15.0
Applicability
16.0
Connecting to Municipal Services
17.0
Streets
18.0
Moving of Structures
19.0
Land Drainage
20.0
Building Grade
21.0
Excavation, Stripping, & Grading
22.0
Land Use
22.1
Use Categories
22.2
Permitted, Conditional, Accessory, Temporary, Not Permitted, & Prohibited Uses
22.3
Use Specific Standards
23.0
Dimensions & Design
23.1
Built Form
23.2
Exterior Lighting, Landscaping, & Screening
CITY OF MORDEN
ZONING BY-LAW 08-2017
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23.3
Parking, Loading, & Waste Materials Storage
23.4
Signs
PART III - ZONING DISTRICTS
24.0
Applicability
25.0
Residential Districts
25.1
Intent
25.2
Land Use
25.3
Dimensions & Design
26.0
Commercial & Institutional Districts
26.1
Intent
26.2
Land Use
26.3
Dimensions & Design
27.0
Industrial Districts
27.1
Intent
27.2
Land Use
27.3
Dimensions & Design
28.0
Agricultural, Parks, & Public Works Districts
28.1
Intent
28.2
Land Use
28.3
Dimensions & Design
29.0
Mixed-Use Districts
29.1
Intent
29.2
Land Use
29.3
Dimensions & Design
PART IV - USE SPECIFIC STANDARDS
30.0
Applicability
30.1
Secondary Suites Vehicular-Oriented Uses
30.2
Garden Suites
30.3
Home Occupations
30.4
Bed & Breakfasts
30.5
Multiple Family Dwellings in Townhouse Form
30.6
Bare Land Condominium Developments
30.7
Swimming Pools
30.8
Vehicular-oriented Uses
30.9
Restaurants & Drinks Establishments
30.10 Campsites
30.11 Adult Uses Adjacent to Residential & Residential-related, Public & Institutional,
Cultural & Entertainment Areas
30.12 Group Homes
30.13 Buildings & Structures Accessory to Farming/Ranching
30.14 Livestock Production Operations
3015 Aggregate Extraction Operations
30.16 Mobile Food Vehicles
PART V - SPECIAL YARDS
31.0
Applicability
31.1
Flood Risk Areas
31.2
Solid Waste Disposal Facilities
31.3
Wastewater Treatment Areas
31.4
Railway Lines & Facilities
31.5
High Pressure Natural Gas & Hydro Transmission Utilities
31.6
Provincial Highways
31.7
Airport Vicinity Area
31.8
Commercial or Industrial Development Adjacent to Residential Districts
31.9
Livestock Production Operations
31.10 Natural Resource Developments
31.11 Lake Minnewasta Area
PART VI - ZONING DISTRICT OVERLAYS
32.0
Applicability
32.1
Pembina Connection
CITY OF MORDEN
ZONING BY-LAW 08-2017
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PART VII - DEFINITIONS
33.0
General Definitions
34.0
Use Definitions
PART VIII - ZONING MAP
CITY OF MORDEN
ZONING BY-LAW 08-2017
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PART I - SCOPE & ADMINISTRATION
1.0
Title & Contents
1.1
Title
This by-law may be cited as the City of Morden Zoning By-law and shall apply to
all lands within the limits of the City of Morden.
1.2
Intent & Purpose
The regulations established by this by-law are deemed necessary in order:
1)
To ensure general conformity with the objectives and policies of the MSTW
Planning District Development Plan.
2)
To outline the authorities, responsibilities, and duties of City of Morden
Council (Council), the Designated Officer, and the landowner and/or
developer as they relate to this by-law.
3)
To regulate the following:
a)
all buildings and structures erected hereafter;
b)
all uses or changes in use of all buildings, structures and land
established hereafter;
c)
all structural alterations, relocations, or demolitions of existing
buildings and structures occurring hereafter;
d)
the increase or decrease of the average grade of a site by 0.5 ft
[0.15 m] or more in height; and
e)
all enlargements or additions to existing buildings, structures, and
uses.
1.3
Regulation of Uses
1)
No land, building, or structure shall be constructed, enlarged, placed, used,
or occupied except for a use that:
a)
is listed in the zoning district as:
i)
a permitted use development;
ii)
a conditional use development, subject to approval as such;
b)
is an accessory use, building, or structure;
c)
is a temporary use, building, or structure authorized for a period of
time by the Designated Officer; or
d)
has been granted a use variance in accordance with the Act.
2)
Where any land, building, or structure is used for more than one purpose,
all provisions of the by-law relating to each use shall apply. Where there is
a conflict, the more restrictive regulations shall govern.
1.4
Contents of the by-Law
The contents of this by-law include:
1)
Part I provides the Scope & Administration.
2)
Part II provides the General Provisions.
3)
Part III provides the Zoning Districts.
4)
Part IV provides the Use Specific Standards.
5)
Part V provides the Special Yards.
6)
Part VI provides the Zoning District Overlays.
7)
Part VII provides the Definitions.
8)
Part VIII provides the Zoning Maps.
1.5
Headings & Titles
CITY OF MORDEN
ZONING BY-LAW 08-2017
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Despite any other provision of this by-law or any other by-law passed by Council to
the contrary, headings and titles within this by-law shall be deemed to form part of
the text of this by-law.
1.6
Interpretation
Terms and words in this by-law as defined in the Act have the meaning expressed
therein. Other terms and words, unless the context otherwise requires, are
defined in PART VII.
1)
Words, phrases, and terms defined herein shall be given the defined
meaning.
2)
Words, phrases, and terms neither defined herein nor defined in other by-
laws of the City of Morden shall be given their usual and customary
meaning except where, in the opinion of Council, the context indicates a
different meaning.
3)
The phrase used for includes arranged for, maintained for, designed for, or
occupied for.
4)
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions, or events connected by
the conjunctions and, or, or and/or, the conjunctions shall be interpreted as
follows:
a)
and indicates that all the connected items, conditions, provisions, or
events shall apply;
b)
or indicates that the connected items, conditions, provisions, or
events shall apply singly but not in combination; and
c)
and/or indicates that all the connected items, conditions, provisions,
or events may apply singly or in combination.
5)
The word includes shall not limit a term to the specified example, but is
intended to extend the meaning to all instances or circumstances of like
kind or character.
1.7
Units of Measurement
For convenience, this by-law contains both metric and imperial measurements. In
cases where a discrepancy occurs between the metric and imperial standards, the
imperial unit shall govern.
1.8
Effective Date
This by-law shall be in full force and effect when the Council of the City of Morden
has given it 3rd Reading.
1.9
Control of Development
No development, other than that designated in section 9.2, shall be undertaken in
the City of Morden unless an application has been approved and a Development
Permit has been issued.
1.10
Relationship to Former By-Laws
The adoption of this by-law shall not prevent any pending or future legal action to
deal with any existing land use violations.
1.11
Validity
Should a court of competent jurisdiction declare any section or part of a section of
this by-law invalid, the same shall not affect provisions of the by-law as a whole or
any part thereof beyond that which is declared invalid.
2.0
Non-Conforming Buildings, Structures, Lots, & Uses
1)
When on or before the day on which this by-law or any by-law for the
amendment of it comes into force, a Development Permit has been issued,
and the enactment of the by-law would render the development in respect
of which the permit was issued a non-conforming building, structure, lot, or
use, the Development Permit continues in effect despite the enactment of
the by-law.
CITY OF MORDEN
ZONING BY-LAW 08-2017
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2)
A non-conforming use of part of a lot shall not be extended or transferred in
whole or in part to any other part of the lot and no additional buildings shall
be erected upon the lot while the non-conforming use continues.
3)
A building containing a non-conforming use may be enlarged or extended,
provided that the enlargement or extension conforms to all applicable
dimensional standards for the zoning district in which the building is
located.
4)
Any legal existing lot that does not conform to the minimum site area, site
with, front yard, or access regulations herein for the zoning district within
which it is located, shall be deemed to be a complying lot and may continue
to be used as if it conformed to all such regulations.
5)
A lot that is separated from the street upon which it would otherwise front
by a parcel acquired by the City of Morden for the purpose of future street-
widening shall be deemed to have frontage on that street and a building or
structure may be erected, enlarged, altered, or repaired and used on such
lot provided that it conforms to all other requirements of this by-law.
6)
A lot that has a lesser area and/or width than required by this by-law that is
created by expropriation, street-widening, or other land acquisition by the
City of Morden and the non-conformity is due to no other cause, the lot is
deemed to comply with this by-law and a building or structure may be
erected, altered, enlarged, or repaired and used provided that it conforms
to all other requirements of this by-law.
7)
A building or structure that has lesser yards than required by this by-law
that is created in the manner described in (6), the building or structure is
deemed to comply with this by-law.
8)
Any owner may apply for a Non-Conforming Certificate in accordance with
provisions of the Act and, in so doing, must provide adequate
documentation to support the application, to the satisfaction of the
Designated Officer.
9)
A non-conformity may be altered beyond what is provided for in sections
2.0 (1) to 2.0 (7), by way of a variance order by Council.
3.0
Zoning District Boundaries
3.1
Zoning Maps
The Zoning Maps are Part VIII of this by-law, which divide the City of Morden into
Zoning Districts and specify regulations applying to particular lands.
3.2
Boundary Determination
Should uncertainty or dispute arise relative to the precise location of the boundary
of any zoning district, as depicted on the Zoning Maps, the location shall be
determined by the following:
1)
Where a zoning district boundary is shown as approximately following the
centre of streets, lanes, or other public thoroughfares, it shall be deemed to
follow the centre line thereof.
2)
Where a zoning district boundary is shown as approximately following the
boundary of a site, the site boundary shall be deemed to be the boundary
of the zoning district for that portion of the zoning district boundary which
approximates the site boundary.
3)
Where a zoning district boundary is shown approximately following
municipal limits, it shall be deemed to be following municipal limits.
4)
Where a zoning district boundary is shown as approximately following the
centre of pipelines, railway lines, or utility easements, it shall be deemed to
follow the centre line of the right-of-way thereof.
5)
Where a zoning district is shown as approximately following a topographic
contour line or a top-of-bank line, it shall be deemed to follow the said line.
CITY OF MORDEN
ZONING BY-LAW 08-2017
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In the event of a change in the said line, it shall be deemed as moving with
that line.
6)
Where a zoning district boundary is shown as being parallel to or as an
extension of features noted above, it shall be so construed.
7)
Where features on the ground do not correspond with those shown on the
Zoning Map or in other circumstances not mentioned above, the
Designated Officer shall interpret the zoning district boundaries.
8)
Where a zoning district boundary is not located in conformity with sections
3.1(1) to 3.1(7), and in effect divides or splits a registered parcel of land
into more than one zoning district:
a)
the disposition of the said boundaries shall be determined by
dimensions indicated on the Zoning Maps or by measurements
directly scaled from the Zoning Maps; and
b)
each such portion of the said parcel of land shall be used in
accordance with the applicable zoning district regulations of this by-
law as if it were a separate site.
4.0
Approval Required for Development
No person shall:
1)
Commence, or cause or allow to be commenced, a development without a
Development Permit which has been issued under the provisions of this by-law,
unless specifically exempted under section 9.2.
2)
Carry on, or cause or allow to be carried on, a development without a
Development Permit which has been issued under the provisions of this by-law,
unless specifically exempted under section 9.2.
5.0
Legislation, Policies, & Regulations
5.1
Compliance
1)
A person applying for, or in possession of, a valid Development Permit is
not relieved from full responsibility for ascertaining and complying with or
carrying out development in accordance with:
a)
the regulations of the National Building Code as well as applicable
municipal building regulations and provincial building regulations;
b)
the MSTW Planning District Development Plan;
c)
any other relevant federal or provincial legislation or regulation;
d)
any relevant municipal by-law; and
e)
the conditions of any caveat, covenant, site plan, development
agreement, easement, variance order, conditional use order, or
other instrument affecting a building or land.
2)
Whenever provisions contained in any relevant federal or provincial
legislation or regulation or municipal by-law impose overlapping
regulations, laws, or policies over the use of land, buildings, or structures or
contain any restrictions covering any of the same subject matter contained
herein, the most restrictive or highest standard shall apply.
3)
Whenever the provisions of a special agreement or development
agreement entered into between the City of Morden and a developer, or
the conditions of a variance or conditional use order, impose overlapping
regulations over the use of land, buildings, or structures or contain any
restrictions covering any of the same subject matter contained in this by-
law, the most restrictive or highest standard shall govern.
4)
The Government of Canada and the Government of Manitoba are not
bound or restricted by any regulation of this by-law. These governments
are encouraged, however, to permit only those developments that are
consistent with the regulations of this by-law.
5.2
Public Utilities & Protection & Emergency Service Uses
Nothing in this by-law shall be so interpreted as to interfere with the construction,
maintenance, and operation of the facilities of any public utility or Protection &
emergency service use.
CITY OF MORDEN
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6.0
Authority & Responsibilities of the Designated Officer
6.1
Establishment & Appointment
The Designated Officer shall be a person appointed by the Council of the City of
Morden to occupy the position of Designated Officer to carry out the duties and
responsibilities as set out in this and other sections of the by-law.
6.2
Designated Officer Duties & Responsibilities
The Designated Officer:
1)
Shall assist and advise members of the public with respect to the
requirements of the by-law.
2)
Shall receive and review each Development Permit application to
determine whether it conforms to the MSTW Planning Development Plan,
the Morden City Plan, all applicable regulations of this by-law, other
municipal by-laws, the conditions of any caveat, covenant, site plan,
development agreement, easement, variance order, conditional use order,
or any other instrument affecting a building or land.
3)
Shall receive, review, and process completed applications for Development
Permits, conditional uses, variances, and amendments to the by-law and
issue Development Permits in accordance with the by-law.
4)
May refer a Development Permit application to any federal, provincial, or
municipal department or any other agency or body deemed appropriate to
obtain comments on the application.
5)
Shall approve, without conditions, an application for a Development Permit
provided the development complies with the regulations of this by-law, or
shall refuse an application for a Development Permit if the development
does not comply with the regulations of this By-law unless s/he uses
his/her discretion pursuant to section 6.4 of this by-law.
6)
May give notice of her/his decision on Development Permit applications as
follows:
a)
where an application has been approved, notice to the applicant
shall be given in writing; or
b)
where an application has been refused, notice to the applicant shall
be given in writing and such notice shall state the reason for refusal.
7)
May, when a person who is unsatisfied with a decision of the Designated
Officer, request that Council review the decision or order by written notice
within 14 days after the person receives the decision or order. After giving
the person a reasonable opportunity to be heard, Council may confirm,
alter, substitute, or cancel the Designated Officer's decision.
8)
Shall issue zoning memoranda.
9)
Shall issue certificates of non-conformity.
10)
Shall perform other such duties as described elsewhere in this by-law or as
required by Council.
6.3
Entry for Inspection & Other Purposes
The Designated Officer
1)
May, after giving reasonable notice to the owner or occupier of the land
and/or a building or structure to be entered:
a)
enter the land, building, or structure at any reasonable time for the
purpose of administering or enforcing this by-law in accordance with
the Act;
b)
request that materials or information be produced to assist in
inspection, remedy, or enforcement; and
c)
make copies of anything related to the inspection, remedy, or
enforcement.
2)
Must display or produce on request identification showing his/her official
capacity.
CITY OF MORDEN
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3)
Need not, in an emergency or in extraordinary circumstances, give
reasonable notice or enter at a reasonable time and may undertake
inspection, remedy, or enforcement activities referred to in section 6.3(1) of
this by-law without the consent of the owner or occupant.
6.4
Minor Variances
The Designated Officer may approve, with or without conditions, a minor variance
not to exceed 10% of the regulations of this by-law governing dimension
regulations such as height, distance, area, and size or intensity of use regulations.
6.5
Conditional Uses & Variances
The Designated Officer may:
1)
Approve an application to establish any use identified as a conditional use.
2)
Approve an application to vary specific provisions of this by-law.
6.6
Public Inspection of Applications
The Designated Officer shall ensure that a Register of Applications is maintained
and is made available to any interested person during normal office hours.
6.7
Maintenance & Inspection of By-Law
The Designated Officer shall:
1)
Make available to the public copies of this by-law and all subsequent
amendments thereto during normal municipal office hours.
2)
Charge the specified fee for supplying copies of this by-law.
7.0
Responsibilities of Council
Subject to the provisions of the Act, Council is responsible for:
1)
Enacting this by-law.
2)
Approving or rejecting applications to amend or repeal this by-law.
3)
Hearing appeals of the Designated Officer's approval of conditional use
applications or rejecting conditional use applications and considering
revoking authorized conditional use orders for any violation of any
conditions imposed by it.
4)
Hearing appeals of the Designated Officer's approval of variance
applications or rejecting variance applications and considering revoking
authorized variance orders for any violation of any conditions imposed by it.
8.0
Duties of the Owner
1)
Neither the granting of a Development Permit nor the approval of drawings
and specifications or inspections made by the Designated Officer shall in
any way relieve the owner of the responsibility of complying with the
regulations of this by-law or of any relevant by-laws of the City of Morden.
2)
Every owner shall:
a)
permit the Designated Officer to enter any building or premises for
the purpose of administering or enforcing this by-law at all
reasonable times and with the consent of the owner in accordance
with section 6.3 of this By-law;
b)
after the development application has been approved and the
Development Permit issued, notify the Designated Officer and
obtain her/his approval before doing any work that differs from the
approved documents filed;
c)
be responsible for obtaining from the appropriate authorities all
permits or licenses relating to the buildings, grades, plumbing,
blasting, street, occupancy, electrical, highways, and any other
permits required in connection with the proposed work; and
CITY OF MORDEN
ZONING BY-LAW 08-2017
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d)
be responsible for ensuring the installation and ongoing
maintenance of buildings, structures, signs, landscaping, and other
matters set forth in this by-law and any conditions of Development
Permits, conditional use and variance orders, development
agreements, or other instruments intended to ensure compliance.
9.0
Development Procedures
9.1
General Conditions
1)
An application for a Development Permit shall not be considered to have
been received until the applicant has submitted all information required
pursuant to this section of the by-law, section 9.3, and any information
specifically required pursuant to the regulations of the applicable zoning
district or any other section of this by-law and until the applicant has paid
the appropriate fee.
2)
Despite section 9.1(1) of this by-law, the Designated Officer may consider
an application complete if the development is of such a nature as to enable
a decision to be made on the application without all of the information
required in this section of the By-law.
3)
The Designated Officer may require an applicant to submit such additional
information as s/he considers necessary to verify compliance of the
proposed use or development with the regulations of this by-law.
4)
Despite section 9.2(4) of this By-law, a Development Permit for an
accessory building cannot be issued unless a Development Permit for the
principal building has also been issued.
5)
The approval of any application or drawing or the issuing of a Development
Permit shall not prevent the Designated Officer from thereafter requiring
the correction of errors, nor from prohibiting the development being carried
out when the development is in violation of this by-law.
6)
Where an application for a Development Permit is determined to contain
incorrect information, no Development Permit shall be issued until the
applicant corrects such information.
7)
Any Development Permit issued on the basis of incorrect information
contained in the application shall be invalid.
9.2
No Development Permit Required
No Development Permit is required under this by-law for developments listed
below, provided that such developments comply with Parts II, III, IV, V, VI, and
VIII. This exemption does not relieve the applicant or landowner from obtaining
approvals from other government agencies. Developments exempted are as
follows:
1)
Regular maintenance and repair of any development.
2)
Sidewalks and patios which are accessory to a private development.
3)
A fence, wing wall, or gate not exceeding 6.5 ft [2 m] in height provided
such structures comply with all dimensional standards of the applicable
zoning district. Snow fences may be established on a seasonal basis and,
as such, are exempt from district dimensional standards.
4)
An accessory building that:
a)
is less than 110 sq ft [10 sq m] in area; and
b)
does not exceed 15 ft [4.5 m] or 1 storey in height.
5)
An unenclosed deck or a deck enclosed by a railing or parapet wall all of
which having a floor less than 2 ft [0.6 m] above grade or where the deck
floor is level with or below the floor height of the building's main level.
6)
A wheelchair ramp or any other fixture or mechanism intended in order to
assist with accessibility.
CITY OF MORDEN
ZONING BY-LAW 08-2017
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7)
Landscaping where the existing grade and natural surface drainage pattern
are not materially altered.
8)
The erection or placement of a temporary building, the sole purpose of
which is incidental to the construction of a permanent building for which a
development permit has been granted, provided the temporary building is
removed within 30 days of substantial completion of the permanent
building.
9)
The following types of signs are exempt but this shall not relieve the owner
or person in control of such signs from erecting and maintaining the signs
in a safe condition and placed in such a way that signs will not interfere
with, obstruct the view of, or be confused with a traffic signal, warning sign,
or informational device:
a)
any sign that replaces a sign that complies with section 23.4 and
any regulations applicable to the zoning district;
b)
signs of a duly constituted government body, including traffic or
regulating devices, legal notices, railway crossings, danger, or other
emergency signs;
c)
signs posted by duly constituted public authorities in performance of
their public duties;
d)
signs required by law, government order, or regulation;
e)
election signs;
f)
flags or emblems of a political, civic, educational, or religious
organization;
g)
signs promoting specific community events of less than 100 sq ft
[10 sq m] in sign surface area, subject to a Council-endorsed
agreement;
h)
memorial signs or tablets of bronze, brass, stone, or other non-
combustible materials when built into or attached to the walls of a
building or other structure provided such tablets bear only the name
of the owner, the name and use of the building, the date of erection
of the building, and/or reading matter commemorating a person or
event;
i)
signs advertising the sale, lease, or rental of property, premises, or
buildings on that site of less than 11 sq ft [1 sq m] in sign surface
area;
j)
signs advertising the construction of a building of less than 22 sq ft
[2 sq m] in sign surface area;
k)
signs advertising the development of a new neighbourhood or multi-
tenant retail area of less than 150 sq ft [14 sq m] in sign surface
area and provided it is removed within 30 days after the date of the
sale of the final lot;
l)
signs identifying seasonal businesses of less than 22 sq ft [2 sq m]
in sign surface area; and
m)
changeable copy sandwich board and folding signs of less than 11
sq ft [1 sq m] in sign surface area.
10)
The use of farmland, farm buildings, and farm structures for permitted
agricultural activities, excluding Livestock production operations.
11)
When a change in land use is from one permitted agricultural activity to
another permitted agricultural activity, excluding livestock production
operations.
12)
Temporary buildings, structures, and uses associated with fairs, events,
games, exhibitions, public markets, sales in public places, transient traders,
and similar provided the necessary approvals under The Municipal Act and
The Buildings and Mobile Homes Act are obtained as required.
13)
Private communications facilities or towers, accessory to a residence or to
a business, not exceeding 35 ft [11 m] in height above grade, provided
such facilities or towers comply with all dimensional standards of the
applicable zoning district.
14)
Public monuments, statuary, and similar historic or memorial markers.
9.3
Development Permit Application - Required Information
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Along with the appropriate Development Permit application form fully and
accurately completed and the relevant application fee, the following information
shall be submitted:
1)
Municipal address.
2)
Legal description of the land on which the proposed development is to
occur.
3)
Applicant's name, address, and interest in the land and, if the applicant is
not the property owner, a letter from the property owner authorizing the
applicant to apply for a Development Permit.
4)
Description of the work to be performed with respect to:
a)
change in current occupancy of land use; or
b)
description of proposed development or building operations.
5)
Status of title issued within 1 year of Development Permit application.
6)
Building location certificate or land survey issued within 1 year of
Development Permit application.
7)
Identification of the scale of the development with respect to:
a)
gross floor area of the development;
b)
area of the site covered;
c)
height of the structure;
d)
number of storeys; and
e)
number of dwelling units, if applicable.
8)
Dimensioned site plan showing the following:
a)
directional north arrow;
b)
site boundaries and dimensions;
c)
location of all buildings or structures in relation to property lines;
d)
setbacks and yard dimensions;
e)
dimensioned layout of existing and proposed parking areas,
driveways, vehicle entrances and exits, and abutting public
roadways;
f)
location of sidewalks and walkways;
g)
loading, storage, outdoor service, and display areas;
h)
location of fences, screening, retaining walls, trees, landscaping,
and other physical features both existing and proposed on the site
and in the adjoining boulevard;
i)
location and dimensions of any attached or free-standing signs,
including:
i.
overall dimensions of the sign, including all sign boxes and
cabinets;
ii.
description or illustration of the copy to be displayed on the
sign;
iii.
method of illumination;
iv.
location of the sign on the building or on the site;
v.
clearance from grade from the lowest portion of the sign;
vi.
maximum extension of the sign above the building roof or
parapet wall;
vii.
distance of the maximum projection of the sign beyond the
building wall; and
viii.
any sidewalks, pedestrian passageways, or public roadways
that the proposed sign will extend over.
9)
Dimensioned floor plans indicating all uses or occupancies, storage areas,
and waste holding areas.
10)
Dimensioned drawings indicating elevations, sections, and massing of
buildings.
11)
Dimensioned landscape plan, containing the following information for the
site and adjacent boulevards:
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a)
all existing and proposed physical features including grade
changes, vegetation, berm contours, walls, fences, outdoor furniture
and fixtures, surface utilities, and paving;
b)
all existing and proposed shrubs and trees labelled by their
common name, botanical name, and size; and
c)
construction or installation specifications for all items proposed
under a) and b).
10.0
Conditions Attached to a Development Permit
The Designated Officer or Council may:
1)
As a condition of issuing a Development Permit, require the applicant to
make satisfactory arrangements for the supply of electricity and/or natural
gas, for pedestrian and vehicular access, and for lot grading in order to
ensure compliance with this and other municipal by-laws.
2)
With respect to a conditional use or variance, impose such conditions on
the order as deemed appropriate, having regard to the regulations of this
by-law, other municipal by-laws, provincial and federal government
legislation or regulations, and matters raised at the public hearing.
3)
Pursuant to a conditional use order, a variance order, or a zoning
amendment by-law, require that an applicant enter into a Development
Agreement or an interim agreement, which shall be attached to and form
part of such Development Permit, to do all or any of the following:
a)
construct or pay for the construction of or improvement to a public
roadway required to give access to the development;
b)
construct or pay for the construction of or improvement to vehicular
and pedestrian access points to the site from public roadways and
construct these accesses;
c)
install or pay for the installation of utilities that are necessary to
serve the development;
d)
pay the recovery costs of services which have already been
installed;
e)
repair, improve, reinstate, or pay for the repair, improvement, or
reinstatement, of any street furniture, curbing, sidewalk, boulevard
landscaping, and tree planting which may be damaged or destroyed
or otherwise harmed by the development or building operations
upon the site; and
f)
construct or pay for the construction of or improvement to land
drainage works that are necessary to serve the development.
4)
The Designated Officer or Council may require any agreement entered into
pursuant to section 10.0 (3) of this by-law to be caveated against the title to
the site at the Land Titles Office.
11.0
Enforcement & Penalties
11.1
Offences
1)
Any owner, lessee, tenant, or occupant of land or of a building or a
structure thereon who, with respect to such land, building, structure, or sign
contravenes or causes, suffers, or permits a contravention of any provision
of the Act, a Development Permit, a Development Agreement, or this by-
law commits an offence.
2)
Any contractor, worker, or other person who constructs or establishes a
building, structure, or sign, or makes an addition or alteration thereto,
commits an offence:
a)
if a Development Permit is required but has not been issued or is
not subsisting under this by-law; or
b)
if a condition of a Development Permit issued under this by-law is
contravened.
11.2
Suspension or Revocation of the Development Permit
1)
The Designated Officer may suspend or revoke a Development Permit
where:
a)
the applicant fails to comply with the conditions of issuance of a
permit;
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b)
any person undertakes or causes or permits any development on a
site contrary to the terms or conditions of a permit;
c)
the development has not been established or partially established
within 1 year after issuance of the permit;
d)
the permit was issued in error; or
e)
the permit was issued on the basis of incorrect information.
2)
Any person who undertakes, causes, or allows any development on a site
without a Development Permit, or after a permit has been suspended or
revoked, shall discontinue such development upon notice in writing issued
by the Designated Officer, and shall not resume such development unless
a permit has been issued or the permit reinstated.
3)
Where a sign contravenes the regulations of this by-law or the terms or
conditions of a Development Permit, the Designated Officer may by written
notice order the owner or the person responsible for the contravening sign
to take such measures as are specified in the notice to alter the sign so
that it complies with the regulations of this by-law or to remove the sign.
Failure to remove abandoned or unlawful signs, or to comply with the
measures specified in the notice by the Designated Officer, shall result in
the removal of the sign by the municipality with the owner or the person
responsible for the contravening sign assuming liability for all removal
costs.
4)
Where the Designated Officer finds a sign to be abandoned, s/he may by
written notice order the registered owner, the person in possession of the
site or building, or the person responsible for the abandoned sign to
remove the sign within 7 days after receipt of the notice or to take such
measures as are specified in the notice to alter or refurbish the sign.
11.3
Penalties
1)
In addition to suspension and revocation under 11.2, fines and penalties for
offences will be imposed as provided for in the Act.
12.0
Zoning Amendments
12.1
Text & Mapping Amendments
1)
Any person applying to amend Parts II, III, IV, V, VI, or VIII of this by-law
shall apply in writing to the Designated Officer, furnishing reasons in
support of the application and requesting that the Designated Officer
submit the application to Council.
2)
If a person applies to Council in any manner for an amendment to Parts II,
III, IV, V, VI, or VIII of this by-law, Council shall require him/her to submit
his/her application to the Designated Officer, pay the relevant fees, and
provide the information specified in section 9.3 before it considers the
amendment proposed by such person.
12.2
Review & Processing of Amendments
1)
Upon receipt of an application for a zoning amendment, the Designated
Officer shall forward the application to Council for review.
2)
If Council deems it appropriate to give the application 1st reading, the
Designated Officer shall then examine the proposed amendment or
undertake an investigation and analysis of the potential impacts of
development under the proposed zoning district.
The analysis shall be based upon the full development potential of the uses
and development regulations specified in the proposed zoning district and
not on the merits of any particular development proposal.
The analysis may, among other things, consider the following impact
criteria:
a)
relationship to and compliance with the MSTW Planning District
Development Plan, Morden City Plan, and Council policy;
b)
compatibility with surrounding development in terms of land use
function, scale, and intensity of development;
c)
traffic impacts;
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d)
relationship to, or impacts on, utility services and public facilities
such as recreational facilities and schools;
e)
relationship to municipal land, right-of-way, or easement
regulations;
f)
effect on stability, retention, and rehabilitation of desirable existing
uses and/or buildings in the area;
g)
necessity and appropriateness of the proposed zoning district in
view of the stated intentions of the applicant;
h)
relationship to the documented concerns and opinions of area
residents regarding the application;
i)
groundwater and soil conditions; and
j)
topographical, physical, and natural features.
3)
The Designated Officer may prepare a written report on the proposed
amendment and shall advise the applicant of the hearing date.
4)
The Designated Officer may, at her/his discretion, present for the
consideration of Council any proposed amendment to this by-law, and the
proposed amendment shall be accompanied by the report and
recommendation of the Designated Officer.
5)
Council, in its discretion, may initiate any amendment to this by-law, and
prior to the approval of any amendment, Council may refer the proposal to
the Designated Officer for his/her report and recommendation.
6)
When a Development Agreement is to be entered into between the
municipality and the applicant, the applicant shall pay to the municipality, in
addition to any other fee required pursuant to this or any other by-law, a
Development Agreement fee.
12.3
Notification of Amendments
Prior to consideration by Council of a proposed zoning amendment, the
Designated Officer shall place a public notice in compliance with the Act.
13.0
Conditional Uses & Variances
13.1
Conditional Uses
1)
Where a use is classified as a conditional use and exists as an allowable
use at the date of the adoption of this by-law or amendments thereto, it
shall be considered as a legally existing conditional use.
2)
Any change in a conditional use shall be subject to the provisions of this
section and the appropriate provisions of the Act.
3)
A property owner may file an application to use land for a use listed as a
conditional use in this by-law.
4)
A conditional use application shall be filed with the Designated Officer and
be accompanied by the relevant fee and the information specified in
section 9.3.
5)
In reviewing the application, the Designated Officer will consider the
following impact criteria:
a)
relationship to and compliance with the MSTW Planning District
Development Plan, Morden City Plan, and Council policy;
b)
compatibility with surrounding development in terms of land use
function and scale of development;
c)
traffic impacts;
d)
relationship to or impacts on utility services and public facilities such
as recreational facilities and schools;
e)
relationship to municipal land, right-of-way, or easement
regulations;
f)
effect on stability, retention, and rehabilitation of desirable existing
uses and/or buildings in the area;
g)
relationship to the documented concerns and opinions of area
residents regarding the application;
h)
groundwater and soil conditions; and
i)
topographical, physical, and natural features.
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7)
An application for a conditional use shall be processed and may be
approved by the Designated Officer. In determining her/his decision to
approve, the Designated Officer must be satisfied that the conditional use
meets the statutory criteria that the proposed development:
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; and
c)
is generally consistent with the applicable provisions of the
development plan by-law, the zoning by-law, and any secondary
plan by-law.
8)
If the Designated Officer is satisfied that the conditional use application
meets the statutory criteria, s/he will place a public notice of the approval
that includes procedures for considering appeal of the approval.
9)
If the Designated Officer is not satisfied that the conditional use application
meets the statutory criteria or if an appeal of the Designated Officer's
approval is received within 14 days of the approval being posted, s/he will
place a public notice in compliance with the Act and the application will be
approved or rejected by Council.
10)
If warranted, the Designated Officer or Council may impose conditions to
ensure that the proposed development will not significantly impact the
municipality. These could include:
a)
adding buffer measures such as increased yard setbacks, berms,
and fencing;
b)
adding measures to deal with potential impacts such as noise,
odour, and vibration;
c)
limiting the hours of operation;
d)
imposing design and siting requirements including landscaping,
outdoor lighting, refuse and storage areas, and building design and
architectural appearance;
e)
requiring that the owner/applicant upgrade certain municipal
services such as roads and ditches;
f)
requiring a letter of credit related to municipal improvements such
as road or drainage works;
g)
requiring liability insurance protecting the municipality from any
future legal claims, including environmental contamination to water
sources; or
h)
entering into a development agreement between the
owner/applicant and the municipality.
9)
Unless otherwise provided in a conditional use order, all approved
conditional uses:
a)
shall be operated in accordance with all plans and documents
submitted as part of the application; and
b)
shall comply with all other applicable provisions of this by-law.
13.2
Variances
1)
Any property owner who believes this by-law adversely affects his/her
property rights may apply for a variance of specific provisions of the by-law
insofar as they apply to the affected property and, in applying, must
demonstrate the adverse effect.
2)
A variance application shall be filed with the Designated Officer and be
accompanied by the relevant fee and the information specified in section
9.3.
3)
An application for a variance shall be processed and may be approved by
the Designated Officer. In determining her/his decision to approve, the
Designated Officer must be satisfied that the variance meets the statutory
criteria that the proposed development:
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;
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c)
is the minimum modification of a zoning by-law to relieve the
injurious affect;
d)
is generally consistent with the applicable provisions of the
development plan by-law, the zoning by-law, and any secondary
plan by-law.
4)
If the Designated Officer is satisfied that the variance application meets the
statutory criteria, s/he will place a public notice of the approval that includes
procedures for considering appeal of the approval.
5)
If the Designated Officer is not satisfied that the variance application meets
the statutory criteria or if an appeal of the Designated Officer's approval is
received within 14 days of the approval being posted, s/he will place a
public notice in compliance with the Act and the application will be
approved or rejected by Council.
6)
If warranted, the Designated Officer or Council may impose conditions to
ensure that the proposed development will not significantly impact the
municipality, in accordance with section 13.1(10).
14.0
Subdivisions
1)
Subject to section 14.0(2) and 14.0(3) of this by-law, no parcel of land shall
hereafter be divided into sites, unless each site conforms to the regulations
of the zoning district in which the site is located.
2)
Council may, as provided in the Act, vary the regulations as they apply to
an individual site, subject to complying with the objectives and policies of
the MSTW Planning District Development Plan, Morden City Plan, and
Council policy.
3)
An existing undersized lot may be increased in area and/or frontage and
still remain an existing undersized lot if, after the increase, the lot still
remains undersized.
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PART II - GENERAL PROVISIONS
15.0
Applicability
The General Provisions apply to any development on any site, irrespective of the zoning
district within which it is located. District-specific regulations are provided in Part III.
16.0
Connecting to Municipal Services
1)
All new principal buildings constructed on a site that is serviced by
municipal
sewer or water shall be connected to such services.
2)
All new developments must be serviced by municipal sewer and water, to
the satisfaction of the Designated Officer or Council.
17.0
Streets
1)
Every lot or parcel must have frontage on an open and improved public
road, unless intervening property has been acquired by the municipality
for the purpose of future road widening. In such an instance, the property
shall be deemed to have frontage.
2)
No building or structure shall be erected upon any land designated for a
future road allowance by Council. Any development adjacent to said
future road allowance shall comply with the regulations of the by-law as if
the said future road allowance was already in existence.
18.0
Moving of Structures
1)
No person shall move any structure or part thereof off his/her property to
any other location within the municipality unless that structure or part is
made to conform to the regulations of this by-law applicable to the zoning
district to which it is to be moved.
2)
Before moving a building or part thereof to a new location, the property
owner shall apply for a Development Permit and, as a condition of the
permit, enter into an agreement with the municipality containing an
undertaking of the owner to pay all damages arising out of the move and
such other terms and conditions as the Designated Officer deems
necessary.
3)
In the event a new building or structure is not established within 1 year
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
the Designated Officer.
19.0
Land Drainage
1)
A Development Permit shall be required for any drainage works undertaken
on any lands, where it is proposed to alter or divert the natural course of a
watercourse.
2)
Notwithstanding any other regulation of this by-law, the Designated Officer
may refuse a Development Permit for, or prohibit, any drainage works to be
undertaken on lands where it has been determined that such works would
create an adverse effect on adjacent public or private lands or where
adjacent drains are insufficient to accommodate the added runoff.
20.0
Building Grade
1)
No building or structure shall be erected without first obtaining from the
Designated Officer written instructions as to the grade for the building or
structures to be erected, which shall be in accordance with any applicable
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lot grading by-law. It shall be the continuing obligation of the property
owner to maintain lot grades for adequate site drainage and to ensure that
the level of the surrounding fill at the building line shall not be less than the
Flood Protection Level.
2)
The grade of any site shall not be raised or lowered by more than 0.5 ft
[0.15 m] of the adjacent site without the approval of the Designated Officer.
When evaluating the raising or lowering of the grade of any site by 0.5 ft
[0.15 m] or more, flood level information, street elevation, service
installations, elevation of adjacent sites, drainage, and other pertinent
factors shall be taken into consideration.
21.0
Excavation, Stripping, & Grading
1)
For the purpose of this section of the by-law, excavation shall mean
excavation other than for construction or building purposes including but not
limited to topsoil stripping and the construction of artificial bodies of water.
2)
A person wishing to excavate, strip, or grade land shall:
a)
comply with municipal by-laws that regulate the excavation,
stripping, or grading of land; and
b)
provide the following details in her/his Development Permit
application:
i.
the location and area of the site on which the excavation,
stripping, or grading is to take place;
ii.
the existing land use and vegetation;
iii.
the type and dimensions of the excavation to be made and
the effect on existing drainage patterns; and
iv.
the condition in which the excavation is to be left when the
operation is complete or the final disposition to be made of
the area from which the topsoil is to be removed, including
the action which is to be taken for restoring the condition of
the surface of the land to be affected and for preventing,
controlling, or lessening the creation of erosion or dust from
the land.
3)
The Designated Officer shall consider every application for a permit to
excavate land and shall not issue a Development Permit unless s/he is
satisfied that:
a)
the operation will be carried out so as to create a minimum of dust
and environmental disturbance; and
b)
the operation is one which, in the opinion of the Designated Officer,
is necessary for the use and development of the land in question.
4)
The Designated Officer may require, as a condition of issuing a permit to
excavate land, that the applicant take the precautions and follow the
methods prescribed by the Designated Officer for the prevention or control
of dust or any other nuisance caused by the proposed operation and for the
reclamation of the site if required.
22.0 Land Use
22.1
Use Categories
Land use in this by-law is organized on the basis of Use Categories. The intent is
to group uses with common functional or physical characteristics into broader
categories. Use Categories organize a range of uses that are permitted,
conditional, and accessory in the City of Morden. The uses listed under the Use
Categories are inclusive; an exhaustive list is not provided.
Use Categories include:
1)
Residential and Residential-related Use Category
Means uses primarily associated with living accommodations, including
private dwellings and group care facilities.
2)
Commercial Use Category
Means uses primarily associated with sale or rental of goods, provision of
services, and offices.
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3)
Cultural & Entertainment Use Category
Means uses primarily associated with the viewing of and interaction with
cultural materials and with indoor and outdoor entertainment venues.
4)
Public & Institutional Use Category
Means uses primarily associated with education, community services,
healthcare, and religious assembly.
5)
Private Motor Vehicle-related Use Category
Means uses primarily associated with the repair, storage, or movement of
cars, trucks, motorcycles, recreational vehicles, boats, snowmobiles,
trailers, and similar vehicles. This category also includes fuel sales, drive-in
or drive-through facilities, and parking areas as a principal use of land.
6)
Transportation, Utility, and Communications Use Category
Means uses primarily associated with: transportation-related operations
such as plane, train, bus, and boat uses; utility-related facilities such as
electrical, heating/cooling, and public works yards not including processing
of bulk compost, recyclables, and solid waste; communications-related
facilities and infrastructure such as switchboard stations.
7)
Industrial Use Category
Means uses primarily associated with manufacturing, assembly,
warehousing, freight movement, processing, waste handling, salvage, and
raw material handling and storage.
8)
Agricultural Use Category
Means uses primarily associated with farming, ranching, horticulture,
floriculture, viticulture, and apiculture.
9)
Accessory Use Category
Means uses anticipated to be established in conjunction with or subsequent
to the establishment of a principal use or uses of the property. Where the
Land Use Table identifies a use in the Accessory Use Category that use
may only be established as an accessory use.
22.2
Permitted, Conditional, Temporary, Not Permitted, & Prohibited Uses
In addition to this Part, Part III provides specific Land Use regulations applicable to
each zoning district. The district Land Use Table identifies which uses are
permitted and conditional within that district. No new use or expansion of an
existing use of land may be established contrary to the Land Use regulations of the
applicable district. Uses identified as conditional are subject to scrutiny to
determine that the proposed uses are suitable at specific locations within the
district and at specific scales and intensities. A conditional use order must be
granted prior to establishing a conditional use.
1)
Permitted Uses
The symbol "P" within the Land Use Table refers to a use that is permitted.
Permitted uses are subject to all other applicable regulations of this by-law,
including the Use Specific Standards set forth in Part IV, the Special Yards
set forth in Part V, and the Zoning District Overlay requirements of Part VI.
2)
Conditional Uses
The symbol "C" within the Land Use Table refers to a use that is
conditional. Conditional uses may be established or extended subject to
the procedures of The Planning Act and section 13.0 of this by-law.
Conditional uses are subject to all other applicable regulations of this by-
law, including the Use Specific Standards set forth in Part IV, the Special
Yards set forth in Part V, and the Zoning District Overlay requirements of
Part VI.
3)
Temporary Uses
Means uses that may be established for a specific period of time, as either
the principal or accessory use of a property during this period.
a)
A Development Permit for a temporary use shall be subject to such
terms and conditions as required by the Designated Officer,
intended to ensure the use does not have a detrimental effect on its
immediate vicinity or on the broader area;
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b)
Each Development Permit issued for a temporary use shall be valid
for the period specified by the Designated Officer, up to 1 year in
duration, with renewal of the term at the discretion of the Designated
Officer.
4)
Not Permitted Uses
If a use is not specifically identified in the Land Use Table, or deemed
similar by the Designated Officer pursuant to section 6.0, the use is not
permitted.
5)
Prohibited Uses
Land uses incompatible with the MSTW District Development Plan, Morden
City Plan, and other City of Morden policies are prohibited and shall not be
deemed similar to permitted or conditional uses pursuant to section 6.0.
Prohibited Uses include:
a)
Hookah bar;
b)
Outdoor solid fuel fire appliance;
c)
Anhydrous ammonia facility; and
d)
Any use deemed noxious or offensive.
22.3
Use Specific Standards
1)
In addition to its status as a permitted, conditional, accessory, or temporary
use a Land Use may also be subject to additional standards that are
applicable to functional characteristics of the specific use. The Land Use
must comply with these standards. The standards are referenced in the
Land Use Tables, with cross-reference to Part IV and to the applicable
section within that Part that imposes these additional standards.
2)
An application to establish a permitted use or conditional use that does not
meet the applicable Use Specific Standard may only be approved through
the variance procedure.
3)
Where a Use Specific Standard limits the maximum size of a use onsite or
the location of certain uses within a building or buildings, for the purposes
of this by-law, maximum size refers to the floor area of each individual use
to which the standard applies; it does not limit the aggregate size of a
number of uses operating on the property or within the building or buildings.
23.0
Dimensions & Design
23.1
Built Form
Built form is regulated in this by-law on the basis of building height, yards, site
area, site width, and density. This part of the by-law provides regulations
applicable to development throughout the City of Morden, regardless of the
specific zoning district within which a site is located.
In addition to this Part, Parts III-VI provide specific Dimensions & Design
regulations applicable to each zoning district. The district Built Form Table
identifies specific built form regulations applicable to that district.
1)
Yards on Corner Lots & Through Lots
a)
In the case of a corner lot, the front yard shall be the yard abutting
the front lot line.
b)
Despite section 23.0(1), the Designated Officer may require any
corner lot to provide an additional front yard or yards other than that
required, having regard to the orientation and access of adjacent
developments.
c)
The Designated Officer may require a through lot to provide a front
yard on each public road; at least one front yard shall be provided.
2)
Projections into Required Yards
The following features may project into a required yard to the extent
provided for below:
a)
Uncovered walks, wheelchair ramps, fire escapes, trellises,
flagpoles, lighting fixtures, lampposts, eavestroughs, downspouts,
and leads;
b)
Verandas, porches, eaves, shade projections, unenclosed steps,
cantilevers, chimneys or parts of a chimney, belt courses, sills,
CITY OF MORDEN
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together with any other architectural features which in the opinion
of the Designated Officer are of a similar character, provided such
projections do not exceed 2 ft [0.6 m] in any case; cannot be closer
than 2 ft [0.6 m] to the property lines in "RS-S", "RS-L", and "RT"
districts;
c)
Uncovered patios in front yards in all Commercial & Institutional
districts; in side yards in all Commercial & Institutional districts,
provided they are located no closer than 5 ft [1.5 m] from an
existing residential use unless the patio provides sufficient noise
attenuation as determined by the Designated Officer;
d)
Bay, bow, oriel, or similar windows, provided that such projections
do not exceed 2 ft [0.6 m];
e)
Balconies, provided that such projections do not exceed 2 ft [0.6
m];
f)
Non-structural awnings and canopies in "RM-S", RM-M", and "RM-
L" districts, in all Commercial & Institutional districts, in all Industrial
districts, and in all Mixed-use districts;
g)
A fence and/or hedge shall be permitted in a required yard, subject
to the following:
i.
Meeting the maximum fence/hedge height specified in the
relevant zoning district;
ii.
The permitted height of any fence and/or hedge can be
increased or decreased to reflect the grade of surrounding
sites, at the discretion of the Designated Officer.
iii.
Electric, barbed wire fences and snow fences shall not be
permitted in any district except in the case of Commercial
and Industrial Use Class developments where the top 0.60
m. (2.00 ft.) of the fence may be barbed wire for security
purposes. Notwithstanding this provision, snow fences may
be placed on property as determined by the Designated
Officer.
iv.
Fence construction materials may include:
1
minimum 0.75 in [2 cm] thick douglas fir, cedar, or
hemlock;
2
vinyl or composite;
3
ornamental block;
4
brick;
5
metal;
6
combination of the above materials; and
7
other durable materials, as determined by the
Designated Officer.
h)
A parking area when comprised of parking spaces required under
this by-law, provided that no parking area in any zoning district
shall be located within the first 15 ft [4.5 m] of a required front yard
or the first 15 ft [4.5 m] of a required corner side yard, if located
between the building and the public right-of-way. This shall not
prohibit driveways and aisles within the required front or corner side
yard;
i)
Any loading space required under the regulations of this by-law,
provided it shall not be in a required front yard or within 10 ft [3 m]
of the boundary of any Residential district or existing residential
use. This shall not prohibit driveways and aisles within the required
front or corner side yard; and
j)
A swimming pool shall be permitted within a required side or rear
yard, provided it is not located within 5 ft [1.5 m] of any property line
and subject to section 30.7.
3)
Vertical Projections
In determining whether a development conforms to the maximum height
permissible in any zoning district, the following features, when attached or
affixed to the principal building, shall not be considered for the purpose of
height determination:
a)
Architectural features such as steeples, belfries, domes, or spires;
b)
Mechanical facilities such as chimney stacks, elevator housings,
roof stairway accesses, water or other tanks, ventilating
equipment;
c)
Skylights and fire walls;
CITY OF MORDEN
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25
d)
Accessory communications structures or masts, up to a maximum
35 ft [11 m] height;
e)
Flag poles; and
f)
Similar structures, as determined by the Designated Officer.
4)
Accessory Buildings & Structures
a)
Where any building or structure on a site, other than an unenclosed
deck at the main floor level or lower, is attached to a principal
building by a roof, an open or enclosed structure above grade, a
floor or a foundation which is above grade, or any structure below
grade allowing access between the buildings such as a parking
garage or a corridor or passageway connecting the buildings, it is
considered a part of the building and is not an accessory building;
b)
No accessory building or structure shall be constructed on any site
prior to the time of construction of the principal building to which it is
accessory;
c)
No accessory building or structure shall be located within a
dedicated easement or right-of-way; and
d)
An accessory garage shall not have a door height exceeding 10 ft [3
m], unless accessory to a farming/ranching or other Agricultural use.
5)
Temporary Buildings & Structures
a)
A Development Permit for a temporary building or structure shall be
subject to such terms and conditions as determined by the
Designated Officer;
b)
Each Development Permit issued for a temporary building or
structure shall be valid for the period specified by the Designated
Officer, up to 1 year in duration. Renewal of the term will be at the
discretion of the Designated Officer.
c)
Temporary buildings and structures shall not exceed 1 000 sq ft [93
sq m] in area and 15 ft [4.5 m] in height;
d)
Specific to canvas buildings, these buildings may be permitted on a
seasonal basis in Residential, Commercial & Institutional, and
Mixed-Use districts subject to district regulations regarding
placement of accessory buildings, but shall not be allowed at any
time within the portion of a property between the front building wall
and any public street right-of-way unless authorized by the
Designated Officer and subject to terms and conditions set out in the
Development Permit;
e)
Specific to canvas buildings, these buildings may be permitted in
Industrial and Agricultural, Parks, & Public Works districts as
follows:
i.
If on-site for up to 90 days per calendar year:
Shall be classified as a Temporary Use.
Shall be located to the rear and/or side of the principal building
and
-
for sites less than 2.5 acres [1 hectare] there shall be no
more than 2 canvas buildings;
-
for sites between 2.5 acres [1 hectare] and 5 acres [2
hectares] there shall be no more than 4 canvas buildings;
and
-
for sites greater than 5 acres [2 hectares] there shall be no
more than 6 canvas buildings;
ii.
If on-site for more than 90 days per calendar year:
Shall be classified as an accessory building and subject to
section (4) and the relevant zoning district accessory building
regulations or as a principal building and subject to section (4)
and the relevant zoning district principal building regulations;
f)
Specific to metal shipping containers, these buildings may be
permitted on a temporary basis in Residential, Commercial &
Institutional, and Mixed-Use districts within front, rear, and side
yards for a maximum period of 90 days and when authorized by the
Designated Officer and subject to terms and conditions set out in the
Development Permit;
g)
Specific to metal shipping containers, these buildings may be
permitted in Industrial and Agricultural, Parks, & Public Works
districts as follows:
i.
If on-site for fewer than 90 days per calendar year:
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26
Shall be classified as a Temporary Use.
Shall be located to the rear and/or side of the principal building.
For sites, less than 2.5 acres [1 hectare] there shall be no more
than 2 metal storage containers; for sites between 2.5 acres [1
hectare] and 5 acres [2 hectares] there shall be no more than 4
metal storage containers; and for sites greater than 5 acres [2
hectares] there shall be no more than 6 metal storage
containers;
ii. If on-site for more than 90 days per calendar:
Shall be classified as an accessory building and subject to
section (4) and the relevant zoning district accessory building
regulations or as a principal building and subject to section (4)
and the relevant zoning district principal building regulations.
23.2
Exterior Lighting, Landscaping, & Screening
Exterior lighting, landscaping, and screening are regulated in this by-law in order to
achieve compatibility among adjacent properties and with the public realm,
including through measures intended to adequately buffer or screen potentially
incompatible developments. This part of the by-law provides regulations
applicable to development throughout the City of Morden, regardless of the
specific zoning district within which a site is located.
In addition to this Part, Parts III-VI provide specific lighting, landscaping, and
screening regulations applicable to each zoning district.
1)
Exterior Lighting
a)
Shall be low-glare in nature and located, oriented, and shielded so
that light fixtures are not directed at any adjoining properties;
b)
Shall not interfere with the effectiveness of any traffic control
devices;
c)
Shall not, if ground-mounted, exceed a maximum height of 20 ft [6
m], unless equipped with full cut-off fixtures or shielded to the
satisfaction of the Designated Officer.
2)
Landscaping & Screening
a)
In accordance with section 9.3, a landscape plan must be submitted
as a component of a Development Permit application for all
developments--excluding single-family and two-family dwellings--
and no landscaping work shall be commenced unless the landscape
plan is approved by the Designated Officer;
b)
The property owner shall be responsible for landscape installation
and maintenance, which may be secured as follows.
i.
The Designated Officer may require, as a condition of zoning
amendment, conditional use, or variance approval or as
required in a Development Agreement that the applicant provide
an irrevocable letter of credit in the full amount of the estimated
landscaping cost.
ii.
The letter of credit may be redeemed by the municipality should
the landscaping not be completed in accordance with this by-
law and the landscape plan within 1 growing season following
commencement of site development;
c)
The horticultural standards of the Canadian Nursery Trades
Association shall be used as a reference for plant selection;
d)
Trees shall be provided on the basis of a minimum 1 tree for each
484 sq ft [45 sq m] of any required yard;
e)
Each required tree when planted shall be a minimum:
i.
deciduous - 2.5 inch [63 mm] dbh;
ii. evergreen - 8 ft [2.4 m] height;
f)
Where off-street parking for 8 or more vehicles is provided outside
and at grade on a site and that is visible from an abutting
Residential district, the parking area shall be fenced, have a planting
screen, or include a combination. The location, height, and
construction of such fence or installation of such planting screen
shall be in accordance with the fence/hedge regulations of the
relevant district;
g)
Where off-street parking for 50 or more vehicles is provided outside
and at grade on a site, there shall be landscaped open space within
the parking area as follows:
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-
Landscaped open space in the parking areas shall be provided
in the minimum amount of 16 sq ft [1.5 sq m] for each parking
space.
-
The required landscaping shall be located in multiple areas,
placed at intervals within the parking area so as to reduce large,
continuous expanses of parking and to provide visual relief;
h)
In the case of exterior storage, including but not limited to lumber
yards and similar uses where because of the anticipated height of
materials stored a screen planting would not be sufficient, a fence,
earthen berm, or combination thereof, with sufficient height to
substantially block the view, shall be substituted for the planting
screen option specified above;
i)
Where, because of conditions not conducive to good horticultural
practices, a screen planting cannot reasonably be expected to
survive, the Designated Officer shall require a masonry wall, fence,
earthen berm, or combination to be substituted for the planting
screen option specified above;
j)
In addition to d) to i), all portions of a site not occupied by principal
and accessory buildings, parking and loading areas, and driveways
shall be landscaped and shown as such in the landscape plan
required under (a).
23.3
Parking, Loading, & Waste Materials Storage
Parking, loading, and waste materials storage are regulated in this by-law in order
to sufficiently accommodate these property amenities onsite, with attention to how
they may affect adjacent properties and to their interaction with the public street
network. This part of the by-law provides regulations applicable to development
throughout the City of Morden, regardless of the specific zoning district within
which a site is located.
In addition to this Part, Parts III-VI provide specific parking, loading, and waste
materials storage regulations applicable to each zoning district.
1)
Parking
When new development is proposed, including a change of use, or when
any existing development is enlarged or increased in capacity, then off-
street vehicular parking shall be provided in accordance with the
regulations contained in this section of the by-law as follows:
a)
Each use shall provide parking spaces in accordance with the
Accessory Off-Street Parking Table in this section or as specified in
the relevant zoning district;
b)
Where a proposed use is not listed in the Off-Street Parking Table,
the parking requirement shall be determined by the Designated
Officer;
c)
Where the parking space requirement is determined by reference to
a unit such as the number of bedrooms or to floor area, no parking
spaces shall be required for any resulting fractional number;
d)
Where the parking space requirement is determined by reference to
floor area, this shall refer to the principal building or buildings and
shall not include any areas in the building used for parking and
loading and for any areas used for dedicated incidental storage,
mechanical equipment, or similar spaces;
e)
In the case of the multiple use of a site, the parking required for
each individual use shall be determined and the total shall be
deemed to be the parking requirement for the site, unless the
applicant can demonstrate through a Transportation Demand
Management study that there is a complementary use of the parking
facilities which would warrant a reduction in the parking regulations,
and subject to the approval of the Designated Officer;
f)
All accessory off-street parking spaces shall be located on the same
site as the use served. Should parking spaces be available off-site,
the applicant may submit a TDM study that proposes shared use of
the off-site parking complement. The shared parking arrangement
may include off-site parking located no further than 440 ft [134 m]
from the site it serves and is subject to an agreement being in place
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that ensures the parking requirements can continue to be met, and
subject to the approval of the Designated Officer;
g)
Notwithstanding (a) through (f) and any accessory parking district
requirements specified in the relevant zoning district, all new
developments shall provide a minimum of 1 parking space onsite
that meets the accessible parking space dimensions;
h)
Off-street parking spaces may be open to the sky or enclosed within
a structure;
i)
An accessory off-street parking area, including its driveways, aisles,
and parking spaces, shall be surfaced and designed in such a
manner that there will be no free flow of water onto either adjacent
properties or along/across public sidewalks;
j)
Accessory off-street parking spaces--excluding single family and
two family dwellings--shall be provided with bumper guards, wheel
stops, fences, or masonry walls in order to prevent a vehicle from
encroaching into or crossing onto adjacent public or private
property;
k)
The accessory off-street parking spaces shall not be used for motor
vehicle repair work and, where required, shall not be occupied by
portable signs;
l)
Where off-street parking spaces and aisles abut a Residential
district, the owner or developer of the parking area shall construct
and maintain a fence, wall, hedge, earthen berm, or combination;
m)
Accessory off-street parking areas shall be dimensioned as
specified in the Parking Area Dimensions Table, except as provided
in (n), (o), and (p);
n)
For parallel parking, the length of a parking space with an open end
shall be a minimum of 18 ft [5.5 m];
o)
Every 10th required parking space must be an accessible space,
located in close proximity to the building entrance or main
pedestrian access to the building, and be a minimum of 10 ft [3 m] in
width;
p)
For parking spaces other than parallel parking spaces, up to 20% of
the required parking spaces may be of a length shorter than that
required above, to a minimum of 15 ft [4.6 m];
q)
Driveways shall also conform to the dimensions and surfacing
specified in the relevant zoning district;
r)
Portions of a vehicular entrance/exit located within the public right-
of-way shall be subject to Morden's municipal by-laws.
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ACCESSORY OFF-STREET PARKING TABLE
USE CATEGORY
& Uses
REQUIRED PARKING SPACES
RESIDENTIAL & RESIDENTIAL-RELATED
Multiple family
- bachelor
- 1 bedroom
- 2 bedrooms
- 3+ bedrooms
0.5 / dwelling unit
0.75 / dwelling unit
1 / dwelling unit
1.5 / dwelling unit
Plus, 1 visitor parking space for every 10 required
parking spaces
Single & Two family
1 / dwelling unit
COMMERCIAL
General
1 / 500 sq ft [46.5 sq m] of floor area
Funeral service
1 / 5 seats in assembly area
Hotel/motel/hostel
1 / guest room or sleeping unit
CULTURAL & ENTERTAINMENT
General
Exempt
Amusement establishment
Entertainment establishment
Library/museum/gallery/cultural exhibit
Recreation facility
Religious institution
1 / 5 seats or 10 ft [3 m] of bench space in assembly
area. Where there are no fixed seats, 1 / 100 sq ft [9.3
sq m] of public assembly room floor area
PUBLIC & INSTITUTIONAL
General
1 / 2 employees on shift
College/university/trade school
School, secondary
1.5 / classroom, plus 1 / 100 sq ft [9.3 sq m] of assembly
room floor area
Hospital
1 / 3 employees on shift
Institutional residence
1 / 10 dwelling units or sleeping units, plus 1 / 3
employees on shift
School, elementary & junior high
1 / classroom, plus 1 / 250 sq ft [23 sq m] of assembly
room floor area
TRANSPORTATION, UTILITY, & COMMUNICATIONS
General
Exempt
Studio, broadcasting & motion picture
1 / 500 sq ft [46.5 sq m] of floor area
PRIVATE MOTOR VEHICLE-RELATED
General
1 / 500 sq ft [46.5 sq m] of floor area up to 2 000 sq ft [93
sq m];
1 / 1 000 sq ft [93 sq m] above
INDUSTRIAL
General
1 / 1000 sq ft [93 sq m] of floor area
AGRICULTURAL
General
Exempt
Agri-business
1 / 1000 sq ft [93 sq m] of floor area or 1 / 5 employees
on shift, greater of
PARKING AREA DIMENSIONS TABLE
Angle of
Parking
Minimum Parking Space Dimensions
Minimum One-
way Parking
Aisle Width
Minimum Two-
way Parking
Aisle Width
75 - 90 degree
8.5 ft [2.6 m] wide X 18 ft [5.5 m] long
6.5 ft [2 m] vertical clearance
20 ft [6 m]
20 ft [6 m]
50 - 74 degree
18 ft [5.5 m]
20 ft [6 m]
0 - 49 degree
12 ft [3.6 m]
20 ft [6 m]
Parallel
8.5 ft [2.6 m] wide X 20 ft [6 m] long
6.5 [2 m] vertical clearance
12 ft [3.6 m]
20 ft [6 m]
2)
Loading
When new development is proposed, including a change of use, or when
any existing development is enlarged or increased in capacity, then off-
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street vehicular loading spaces shall be provided in accordance with the
regulations contained in this section of the by-law as follows:
a)
Each use shall provide loading spaces in accordance with the
Accessory Off-Street Loading Table in this section or as specified in
the relevant zoning district;
b)
Where a proposed use is not listed in the district Off-Street Loading
Table, the loading requirement shall be determined by the
Designated Officer;
c)
Where the loading space requirement is determined by reference to
a unit such as the number of employees or to floor area, no loading
spaces shall be required for any resulting fractional number;
d)
Where the loading space requirement is determined by reference to
floor area, this shall not include any areas in the building used for
loading, parking, and any areas used for dedicated incidental
storage, mechanical equipment, or similar spaces;
e)
All accessory off-street loading spaces shall be located on the same
site as the use served and vehicle backing and turning movements
shall be restricted to the site; no vehicles entering or exiting the site
shall cause interference with pedestrians along sidewalks or within
boulevards or with vehicles on the adjoining or abutting public roads
and lanes;
f)
Off-street loading spaces may be open to the sky or enclosed within
a structure;
g)
An accessory off-street loading area, including its driveways, aisles,
and loading spaces, shall be surfaced and designed in such a
manner that there will be no free flow of water onto either adjacent
properties or along/across public sidewalks;
h)
Where off-street loading spaces and aisles abut a Residential
district, the owner or developer of the loading area shall construct
and maintain a fence, wall, hedge, earthen berm, or combination;
i)
Each required loading space be:
- Small space 12 ft [3.65 m] minimum width and 20 ft [6 m] minimum
length;
- Large space 12 ft [3.65 m] minimum width and 35 ft [6 m] minimum
length;
i)
Driveways shall conform to dimensions specified in the relevant
zoning district;
j)
Portions of vehicular entrance/exit located within the public right-of-
way shall be subject to Morden's municipal by-laws.
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ACCESSORY OFF-STREET LOADING TABLE
USE CATEGORY
& Uses
REQUIRED LOADING SPACES
COMMERCIAL
General
0 for up to 5000 sq ft [465 sq m] of floor area;
1 small space for between 5001 sqft [465 sq m] and 15000
sq ft [1400 sq m];
1 additional small space for each 25000 sq ft [2300 sq m]
Office
0 for up to 15000 sq ft [1400 sq m] of floor area;
1 small space for between 15001 sq ft [1400 sq m] and
30000 sq ft [2800 sq m];
1 additional small space for each 25000 sq ft [2300 sq m],
up to a maximum of 5
CULTURAL & ENTERTAINMENT
General
Exempt
Amusement establishment
Entertainment establishment
Library/museum/gallery/cultural exhibit
Recreation facility
Religious institution
Studio, broadcasting & motion picture
0 for up to 5000 sq ft [465 sq m] of floor area;
1 small space for between 5001 sq ft [465 sq m] and 15000
sq ft [1400 sq m];
1 additional small space for each 25000 sq ft [2300 sq m]
PUBLIC & INSTITUTIONAL
General
Exempt
Child care centre
College/university/trade school
Park
Private members club
School, elementary & junior high
School, secondary
0 for up to 5000 sq ft [465 sq m] of floor area;
1 small space for between 5001 sq ft [465 sq m] and 15000
sq ft [1400 sq m];
1 additional small space for each 25000 sq ft [2300 sq m]
Hospital
1 small space for up to 15000 sq ft [1400 sq m] of floor area;
0 large space for up to 30000 sq ft [2800 sq m];
1 large space for between 30001 sq ft [2800 sq m] and
45000 sq ft [4300 sq m];
1 additional large space for each 25000 sq ft [2800 sq m],
up to a maximum of 5
INDUSTRIAL
General
1 small space for up to 15000 sq ft [1400 sq m] of floor area;
0 large space for up to 30000 sq ft [2800 sq m];
1 large space for between 30001 sq ft [2800 sq m] and
45000 sq ft [4200 sq m];
1 additional large space for each 25000 sq ft [2300 sq m],
up to a maximum of 5
3)
Waste Materials Storage
Dedicated waste material receptacles are not required for any new
development, change of use, or expansion of existing development. Where
possible, such service facilities are expected to be located within principal
and accessory buildings. When located outside, the following regulations
shall be met:
a)
Waste material receptacles and other waste materials storage areas
shall be located to the rear of the front wall of the principal building;
b)
Waste material receptacles and other waste materials storage areas
shall be located a minimum 5 ft [1.5 m] from any side or rear
property line. No waste material receptacle or other waste materials
storage area shall be located within a special yard provided for in
section 31.8;
c)
Waste material receptacles and other waste materials storage areas
shall be screened from the view of any dwelling by a 6 ft [1.8 m]
opaque fence, wall, walled enclosure, or combination.
23.4
Signs
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Signs are regulated in this by-law law in order to achieve compatibility among
adjacent properties and with the public realm, including through measures
intended to sufficiently provide for building and business identification. This part of
the by-law provides regulations applicable to development throughout the City of
Morden, regardless of the specific zoning district within which a site is located.
In addition to this Part, Parts III-VI provide sign regulations applicable to each
zoning district.
1)
Accessory Signs
All accessory signs shall be developed in accordance with the following
regulations and as specified in the Accessory Sign Table:
a)
No sign shall be erected, operated, used, or maintained which:
i.
due to its position, shape, colour, format, or illumination
obstructs the view of or may be confused with an official
traffic sign, signal, or device as determined by the
Designated Officer;
ii.
displays flashing lights resembling those used by police, fire,
ambulance, and other emergency vehicles;
v.
includes a swinging or swaying motion;
vi.
if an awning, canopy, free-standing, or projecting sign, has a
grade to bottom of sign clearance of less than 8 ft [2.4m];
vii.
is located within a public right-of-way, without the consent of
the Designated Officer and subject to terms and conditions
specified in an agreement with the municipality;
b)
Fascia signs shall not have letters over 32 inches [80 cm] in height,
and the total width of fascia signs shall not exceed 80% of the
building width;
c)
Free standing signs are limited to no more than 1 per lot, except on
a corner lot or through lot or as specified in the table.
d)
Directional signs are limited to no more than 1 per site
entrance/exit, except as specified in the table.
e)
Event signs are additional sign opportunities for uses that schedule
events as part of their typical operations, beyond the use
identification allotments specified in the table.
f)
No awning, canopy, or projecting sign shall be erected over a public
right-of-way unless and until an easement agreement has been
entered into with the City and the sign shall comply with the
following:
i.
if supported on posts or by braces, brackets, or supports on
or extending over a public right-of-way, the braces,
brackets, or supports shall be hidden from view and above
the height of the roof line of the canopy or awning; and
ii.
shall not be constructed in such a manner that drainage
from the canopy or awning falls on or is directed towards
any public right-of-way.
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ACCESSORY SIGN TABLE
USE
CATEGORY
& Uses
SIGN TYPE
SIGN FORM
SURFACE AREA MAXIMUM
HEIGHT MAXIMUM
RESIDENTIAL & RESIDENTIAL-RELATED
Group home
Multiple
family
Building
Identification
Attached or
Free-standing
24 sq ft [7.3 sq m]
If attached, below 2nd floor ceiling;
If free-standing, 10 ft [3 m]
Directional
Attached or
Free-standing
1 sign per entrance or exit, 12 sq ft [1.1
sq m] per sign;
2 signs per combined entrance/exit, 12
sq ft [1.1 sq m] per sign
COMMERCIAL;
PRIVATE MOTOR VEHICLE-RELATED;
INDUSTRIAL
General
Building & Use
Identification
Attached
25% of street-facing building wall for
each single occupancy, to a maximum of
200 sq ft [18.58 sq m];
Combined maximum of 600 sq ft [55.74
sq m] for multiple occupancy
Below 2nd floor ceiling
Building & Use
Identification
Free-standing
250 sq ft [23 sq m] for first 100 ft [30 m]
of street frontage; 250 sq ft [23 sq m] for
each additional 100 ft [30 m] of street
frontage
35 ft [10.67 m]
Directional
Attached or
Free-standing
1 sign per entrance or exit, 12 sq ft [1.1
sq m] per sign;
2 signs per combined entrance/exit, 12
sq ft [1.1 sq m] per sign
CULTURAL & ENTERTAINMENT
General
Building & Use
Identification
Attached
25% of street-facing building wall for
each single occupancy, to a maximum of
200 sq ft [18.58 sq m];
Combined maximum of 600 sq ft [55.74
sq m] for multiple occupancy
Below parapet
Building & Use
Identification
Free-standing
250 sq ft [23 sq m] for first 100 ft [30 m]
of street frontage; 250 sq ft [23 sq m] for
each additional 100 ft [30 m] of street
frontage
35 ft [10.67 m]
Directional
Attached or
Free-standing
1 sign per entrance or exit, 12 sq ft [1.1
sq m] per sign;
2 signs per combined entrance/exit, 12
sq ft [1.1 sq m] per sign
Event
Attached or Free-
standing
128 sq ft [12 sq m]
PUBLIC & INSTITUTIONAL
General
Building & Use
Identification
Attached or
Free-standing
50 sq ft [4.65 sq m];
25 sq ft [2.32 sq m] if the site abuts the
site of a Residential & Residential-
related Use
If attached, below 2nd floor ceiling;
If free-standing,
35 ft [10.67 m]
Directional
Attached or
Free-standing
1 sign per entrance or exit, 12 sq ft [1.1
sq m] per sign;
2 signs per combined entrance/exit, 12
sq ft [1.1 sq m] per sign
Event
Attached or
Free-standing
64 sq ft [6 sq m]
TRANSPORTATION, UTILITY, & COMMUNICATIONS
AGRICULTURAL
General
Building & Use
Identification
Attached or
Free-standing
32 sq ft [3 sq m]
If attached, below 2nd floor ceiling;
If free-standing,
35 ft 10.67 m]
Directional
Attached or
Free-standing
Studio,
broadcast &
motion
picture
Building & Use
Identification
Attached or
Free-standing
32 sq ft [3 sq m]
If attached, below 2nd floor ceiling;
If free-standing,
35 ft 10.67 m]
Directional
Attached or
Free-standing
1 sign per entrance or exit, 12 sq ft [1.1
sq m] per sign;
2 signs per combined entrance/exit, 12
sq ft [1.1 sq m] per sign
Event
Attached or
Free-standing
64 sq ft [6 sq m]
CITY OF MORDEN
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2)
Portable Signs
All portable signs shall be developed in accordance with the following
regulations and as specified in the Portable Sign Table:
a)
Portable signs are only allowed in Commercial & Institutional,
Industrial, and Mixed-Use districts;
b)
A portable sign shall comply with the yard regulations of the zoning
district within which it is located;
c)
Flashing or scintillating portable signs are not permitted;
d)
No portable sign shall be placed in such a way that it may interfere
with, obstruct the view of, or be confused with an authorized traffic
signal, warning sign, or other regulatory or informational device, and
in no circumstances, shall it be located within 10 ft [3.05 m] from the
nearest part of any exit or entrance driveway or within a required
off-street parking space;
e)
A portable sign shall only be established on a temporary basis and
shall be subject to such terms and conditions as determined by the
Designated Officer. Each Development Permit issued for a portable
sign shall be valid for the period specified by the Designated
Officer, up to 6 months in duration. Renewal of the term will be at
the discretion of the Designated Officer.
PORTABLE SIGN TABLE
ZONING DISTRICT
NUMBER OF SIGNS
SURFACE AREA
MAXIMUM
HEIGHT MAXIMUM
COMMERCIAL &
INSTITUTIONAL;
INDUSTRIAL;
MIXED-USE
1 sign per lot, where lot
borders a single public
street;
1 sign per frontage, where
lot borders more than one
public street;
2 signs may be
established, no less than
50 ft [15 m] apart, where
lot dimension along public
street exceeds 100 ft [30
m]
50 sq ft [4.65 sq m]
10 ft [3 m]
3)
Non-accessory Signs
For the purposes of this by-law, non-accessory signs are considered to be
a use of land. As such they are subject to the Land Use regulations for
each district, including Use Specific Standards.
CITY OF MORDEN
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PART III - ZONING DISTRICTS
24.0
Applicability
This part establishes the zoning districts, indicates the basic intent of each district, and
identifies land use and dimensions & design specific to each district where these
components differ from the General Provisions provided for in Part II. Where the Part II
and Part III regulations differ, the district-specific regulations in this part govern.
25.0
Residential Districts
25.1
Intent
Residential Single-Family Districts - RS-S & RS-L
These districts are intended to accommodate single-family dwellings as well as
associated or compatible uses.
Residential Two-Family District - RT
This district is intended to accommodate two-family dwellings as well as
associated or compatible uses.
Residential Multiple-Family Districts - RM-S, RM-M, & RM-L
These districts are intended to accommodate multiple-family dwellings as well as
associated or compatible uses.
Residential Mobile Home District - RMH
This district is intended to accommodate mobile home dwellings and associated or
compatible uses.
Rural Residential - RR
To accommodate single-family residential and associated or compatible
development in a rural setting.
25.2
Land Use
No new use or expansion of an existing use in any residential district may be
established except in conformity with the Residential Districts Use Table.
CITY OF MORDEN
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RESIDENTIAL DISTRICTS
USE TABLE
P = Permitted C = Conditional * = Use Specific Standard
applicable
USE CATEGORIES and uses
RS-S,
RS-L
RT
RM-S,
RM-M,
RM-L
RMH
RR
USE
SPECIFIC
STANDARD
RESIDENTIAL & RESIDENTIAL-RELATED
Group home
P*
P*
P
P
30.12
Mobile home
P
Multiple family
P*
30.5, 30.6
Rooming house
C
Single family
P
P
C
P
Two family
C
P
P
CULTURAL & ENTERTAINMENT
Library/museum/
gallery/cultural exhibit
C
C
P
Religious institution
C
C
P
PUBLIC & INSTITUTIONAL
Child care centre
P
C
P
Institutional residence
C
C
P
Park
P
P
P
P
P
Protection & emergency
service
P
P
P
P
Recreation facility, indoor
C
C
P
C
Recreation facility, outdoor
C
C
C
School, elementary & middle
P
P
P
School, secondary
C
C
P
TRANSPORTATION, UTILITY, & COMMUNICATIONS
Road/utility reserve
P
P
P
P
P
Utility & works yard
C
C
ACCESSORY
Bed & breakfast
C*
C*
C*
C*
30.4
Business support service,
ground level
P
Child care, home-based
P
P
P
Drinks establishment, ground
level
C
Farm produce outlet, to single
family
P
Garden suite
C*
C*
30.2
Home occupation, minor
P*
P*
P*
P*
P*
30.3
Home occupation, major
C*
C*
C*
C*
C*
30.3
Kennel/shelter, to single
family
C
Neighbourhood retail, ground
level
P
Office
C
Personal service, ground
level
P
Residential related farm, to
single family
P
Restaurant, ground level
P
Secondary suite
P*
P*
P*
P*
30.1
Sign
P
P
Specialized agriculture, to
single family
P
Stable/riding academy, to
single family
P
Studio, dance/photo/
music/design, ground level
P
Swimming pool, to single- &
two-family
P*
P*
P*
P*
30.7
25.3
Dimensions & Design
No person may erect a building or structure in any residential district unless the
building or structure complies with the Residential Districts Built Form Table and
any other regulations in this section.
CITY OF MORDEN
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RESIDENTIAL DISTRICTS
BUILT FORM TABLE
DISTRICT
& use
LOT
AREA
sqft
[sq m]
LOT
WIDTH
ft [m]
FRONT
YARD
ft [m]
REAR
YARD
ft [m]
SIDE
YARD
ft [m]
REVERSE
CORNER
SIDE
YARD
ft [m]
HEIGH
T
ft [m]
LOT
COVERAGE
%
LOT AREA/
DWELLING
UNIT
sq ft
[sq m]
Minimum
Maximum
Minimum
RS-S
General
4000
[372]
40
[12]
20
[6]
25
[7.6]
4
[1.2]
12
[3.65]
35
[10.7]
45
4000
[372]
Park
Road/utility
reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
RS-L
General
5000
[465]
50
[15.2]
25
[7.6]
25
[7.6]
4
[1.2]
12
[3.65]
35
[10.7]
40
5000
[465]
Park
Road/utility
reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
RT
General
5000
[465]
50
[15.2]
25
[7.6]
25
[7.6]
4
[1.2]
12
[3.65]
35
[10.7]
50
2500
[232.5]
Park
Road/utility
reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
RM-S
General
5000
[465]
50
[15.2]
25
[7.6]
25
[7.6]
4
[1.2]
12
[3.65]
35
[10.7]
50
1667
[155]
Park
Road/utility
reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
RM-M
General
5000
[465]
50
[15.2]
25
[7.6]
25
[7.6]
10
[3]
15
[4.6]
45
[13.7]
60
1250
[116]
Park
Road/utility
reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
RM-L
General
5000
[465]
50
[15.2]
25
[7.6]
25
[7.6]
10
[3]
15
[4.6]
60
[18.3]
60
833
[77.4]
Park
Road/utility
reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
RMH
General
4500
[418]
45
[13.7]
10
[3]
15
[4.6]
5
[1.5]
10
[3]
35
[10.7]
50
4500
[418]
Park
Road/utility
reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
RR
General
2
acres
[0.8
hect]
200
[61]
125
[38]
25
[7.6]
25
[7.6]
25
[7.6]
35
[10.7]
50
2 acres
[0.8 hect]
Park
Road/utility
reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
CITY OF MORDEN
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1)
Built Form
a)
Front Yard Building Alignment for All Residential Districts
Excluding reverse corner lots, where lots comprising 40% or more
of the street block are developed with buildings that front on the
street, the modal average front yard setback of the existing
buildings shall be the minimum front yard requirement for that block.
Where a new house or addition is proposed between two lots with
existing houses, the new house or addition shall provide a minimum
front yard setback equivalent to the average of these two adjacent
lots.
b)
Side Yard Exceptions for All Residential Districts
For the purpose of side yard regulations, dwellings that have
common party walls [e.g. two-family side-by-side dwellings,
townhouse dwellings, and bareland condo dwellings] shall be
considered as one building occupying one lot. Side yard
regulations shall not apply along the common party walls.
c)
Side Yard for Vehicle Access for All Residential Districts
When no public lane is located at the rear of a site and no garage is
integrated into the principal building, a minimum 12 ft [3.7 m] interior
side yard shall be provided.
d)
Accessory Building Limitations for All Residential Districts
i.
Accessory buildings in residential districts without direct
driveway or aisle access to a public road or lane shall have
a maximum area of 300 sq ft [28 sq m];
ii.
Where there is no direct driveway or aisle access to a public
street or lane, an accessory building shall not have a door
greater than 7 feet [2 m] in width.
e)
Side Yard Reduction for Accessory Buildings in "RS-L", "RS-S", &
"RT" districts
Where an accessory building is located to the rear of the rear wall
of the main building, the side yard for the accessory building may
be reduced as follows:
i.
2 ft [0.6 m] where the building length abutting the side
property line is 24 ft [7.3 m] or less; or
ii.
3 ft [1 m] where the building length abutting the side
property line exceeds 24 ft [7.3 m].
f)
Side yard reduction for Accessory Buildings in "RM-S", "RM-M", &
"RM-L" districts
Where an accessory building is located to the rear of the rear wall
of the main building, the side yard for the accessory building may
be reduced as follows:
i.
5 ft [1.5 m] where the building length abutting the side
property line is 24 ft [7.3 m] or less;
ii.
10 ft [3 m] where the building length abutting the side
property line exceeds 24 ft [7.3 m].
g)
Rear yard reduction for Accessory Buildings in All Residential
Districts
Where an accessory building is located to the rear of the rear wall
of the main building, the rear yard for the accessory building may be
reduced to 5 ft [1.5 m].
h)
Accessory Building Limitations in "RS-1", "RS-2", & "RT" districts
i.
Subject to site coverage maximum, the total floor area of
accessory buildings and structures on a lot shall not exceed
800 sq ft [75 sq m];
ii.
The maximum height of accessory buildings and structures
shall not exceed 15 ft [4.5 m].
i)
Accessory Building Limitations in "RM-S", "RM-M", & "RM-L"
districts
i.
The maximum height of accessory buildings and structures
shall not exceed 15 ft [4.5 m].
j)
Development Requirements for "RMH" district
All mobile home developments shall meet the following
requirements:
i.
A central open space area shall be established and
landscaped and shall be equal in area to the greater of 200
sq ft [18.5 sq m] per mobile home space or 2400 sq ft [223
sq m] overall;
CITY OF MORDEN
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39
ii.
An internal roadway shall be established to serve all mobile
home spaces and shall have a minimum width of 40 ft [12
m], of which a minimum width of 24 ft [7.3 m] shall be hard-
surfaced;
iii.
The maximum height of accessory buildings and structures
shall not exceed 15 ft [4.5 m];
iv.
Where an accessory building is located to the rear of the
rear wall of the main building, the minimum side yard for the
accessory building shall be 2 ft [0.6 m];
iv.
Every mobile home park operator shall provide the following:
- connections to the municipal sewer and water system at
each space;
- electrical and telephone service outlets at each space;
- storage of refuse, garbage, and debris in a sanitary
manner at a location readily accessible to all mobile homes
but not more than 440 ft [135 m] from any mobile home
dwelling;
- roadway and walkway illumination subject to the approval
of the Designated Officer;
- clear marking of the boundaries of each mobile home
space and identification of each space by a numbered sign;
- landscaping, including grass, trees, and shrubbery, in all
areas of the mobile home park not occupied by mobile home
pads, mobile home additions, storage areas, roadways,
driveways, parking spaces, and other structures or facilities.
2)
Exterior Lighting, Landscaping, & Screening
a)
Fence and Hedge Height Limitations in All Residential Districts
Fences and hedges shall not be higher, measured from the general
ground level at a distance of 2 ft [0.6 m] from within the lot line of
the site on which the fence is to be constructed, than:
i.
4 ft [1.2 m] in a required front yard;
ii.
6.5 ft [2.00 m] in a required side or rear yard.
3)
Parking, Loading, & Waste Materials Storage
a)
Parking & Loading Driveway Dimensions
Driveways providing access to public roads shall be in accordance
with the following:
i.
For multiple family, commercial, and public & institutional
developments in all residential districts:
- minimum 12 ft [3.6 m] and maximum 24 ft [7.2 m] width for
one-way;
- minimum 20 ft [6 m] and maximum 30 ft [9 m] width for
two-way.
ii.
For multiple family development in townhouse form:
- minimum 10 ft [3 m] and maximum 24 ft [7.2 m] width;
- where lot width is less than 28 ft [8.5 m], maximum width
shall be reduced in order to ensure a minimum 2.5 ft [0.75
m] setback from side property line on each side of the
driveway.
b)
Parking & Loading Area Surfacing
Parking and loading areas shall be surfaced in accordance with the
following:
i.
For multiple family, commercial, and public & institutional
developments in all residential districts:
- concrete, asphalt, concrete pavers, or combination for all
parking and loading areas other than that portion of a
property located behind the rear wall of the principal
building, where the property is adjacent to a fronting road
only;
- for that portion located behind the rear wall, compacted
aggregate surfacing may be provided;
- concrete, asphalt, concrete pavers, or combination for all
parking and loading areas, where the property is adjacent to
a front road and a rear or side lane or adjacent to a front
road and a rear or side road;
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c)
Parking Location Restrictions in "RS-L", "RS-S", & "RT" Districts
Required parking spaces shall be wholly provided on the same site
as the principal building in these residential districts.
d)
Vehicle Limitations in "RS-L", RS-S", & "RT" Districts
Boats, trailers, and motor homes may be parked on these
residential properties if they are owned by the property owner or
tenant, intended for the use of that property owner or tenant, and
subject to the following:
i.
The vehicles are located entirely on the residential property;
ii.
The vehicles may be parked within a front or side yard only
on an improved driveway;
iv.
The vehicles are not used as a residential dwelling or for
any other permanent or temporary occupancy;
v.
No more than 6 vehicles [includes passenger cars, trucks,
boats, trailers, travel trailers, motor homes, and similar] may
be parked on a residential property and, of these, no more
than 4 vehicles shall be located between the front property
line and the front wall of the residential building;
vi.
No commercial vehicle exceeding a maximum gross vehicle
weight of 10 000 lb [4 600 kg] may be parked on a
residential property.
4)
Signs
See the Accessory Sign Table in section 23.4 for sign regulations.
26.0
Commercial & Institutional Districts
26.1
Intent
Commercial Neighbourhood District - CN
This district is intended to accommodate local-scale development that serves daily
household or personal needs of neighbourhood residents.
Commercial Central District - CC
This district is intended to accommodate a variety and mix of downtown
development.
Commercial Highway Districts - CH & CHR
These districts are intended to accommodate commercial development along
major roadways.
Institutional District - I
This district is intended to accommodate a variety of community, educational,
religious, and other institutional facilities.
26.2
Land Use
No new use or expansion of an existing use in any commercial & institutional
district may be established except in conformity with the Commercial & Institutional
Districts Use Table.
CITY OF MORDEN
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COMMERCIAL & INSTITUTIONAL DISTRICTS
USE TABLE
P = Permitted C = Conditional * = Use Specific Standard applicable
USE CATEGORIES
and uses
CN
CC
CH
CHR
I
USE
SPECIFIC
STANDARD
RESIDENTIAL & RESIDENTIAL-RELATED
Group home
P
P
P
Multiple family, ground level
C*
C*
C*
C*
C*
30.5, 30.6
Multiple family, upper levels
C
P
P
P
C
Rooming house
C
Single family
C
C
Two family
C
C
COMMERCIAL
Auction establishment
C
P
C
Automotive, sales & rental
C
P
C
Business support service
P
P
P
Drinks establishment
C*
P*
P*
P*
30.9
Funeral services
C
P
C
P
Greenhouse & nursery sales
P
C
Heavy equipment, sales & service
P
C
Hotel/motel/hostel
P
P
C
Mail/courier depot
P
P
C
Micro brewery/distillery/ winery
P
P
P
Neighbourhood retail
P
P
P
P
C
Office
P
P
P
C
Pawn shop
C
C
C
C
Personal services
P
P
P
P
C
Restaurant
C*
P*
P*
P*
30.9
Retail sales
P
P
P
P
Studio, dance/music/ photo/ design
P
P
P
P
C
Trailer/RV/mobile home, sales & rental
P
C
Warehouse sales
C
P
C
CULTURAL & ENTERTAINMENT
Amusement establishment, indoor
P
P
P
Amusement establishment, outdoor
C
C
Casino
P
P
P
C
Entertainment establishment, indoor
P
P
C
C
Entertainment establishment, outdoor
C
C
Library/museum/gallery/ cultural exhibit
C
P
P
P
P
Private members club
C
P
P
P
C
Religious institution
C
C
P
P
P
PUBLIC & INSTITUTIONAL
Animal Hospital
P
P
P
Campsite
C*
30.10
Cemetery
C
C
Child care centre
P
P
P
P
P
College/university/trade school
P
P
P
P
Hospital
C
P
P
P
Institutional residence, ground level
C
P
P
P
Institutional residence, upper levels
P
P
P
P
Kennel/shelter
C
C
Park
P
P
P
P
P
Protection & emergency service
P
P
P
P
P
Recreation facility, indoor
C
P
P
P
C
Recreation facility, outdoor
C
C
C
C
Research institution
P
P
P
C
School, elementary & middle
P
C
C
C
P
School, secondary
C
C
P
P
P
Veterinary
P
P
P
P
P
TRANSPORTATION, UTILITY, & COMMUNICATIONS
Road/utility reserve
P
P
P
P
P
Sign, non-accessory
C
C
C
Studio, broadcast/ motion picture
C
P
P
P
P
Transport terminal/ freight yard
P
P
Utility & works yard
P
P
P
P
P
CITY OF MORDEN
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42
COMMERCIAL & INSTITUTIONAL DISTRICTS
USE TABLE
P = Permitted C = Conditional * = Use Specific Standard applicable
USE CATEGORIES
and uses
CN
CC
CH
CHR
I
USE
SPECIFIC
STANDARD
PRIVATE MOTOR VEHICLE-RELATED
Automotive & equipment repair service
C*
P*
C*
30.8
Car wash
C*
C*
P*
C*
30.8
Fuel sales
C*
C*
P*
C*
30.8
Parking, non-accessory
C
P
C
C
Truck stop
P
C
INDUSTRIAL
Brewery/distillery/ winery
C
C
Commercial kitchen/ catering service
P
C
Contractor establishment
C
C
Manufacture/assembly/repair/packaging
from prepared materials
C
P
C
Mini storage
C
AGRICULTURAL
Agri-business
C
ACCESSORY
Bed & breakfast, to single family
C*
P*
P*
30.4
Drive-in/drive-through, to restaurant
-
P*
P*
30.8
Drive-in/drive-through, to vehicle
service
P*
P*
30.8
Drive-in/drive-through, to personal
service or retail sales
P*
P*
30.8
Home occupation, major to single family
P*
P*
P*
30.3
Home occupation, minor to single family
P*
P*
P*
30.3
Micro brewery/distillery/
winery, to restaurant or drinks
establishment
P
P
P
Mobile food cart
P*
P*
P*
30.16
Mobile food cart, to catering/commercial
kitchen
P
P
P
P
Sign
P
P
P
P
P
Swimming pool, to single & two family
P*
P*
30.7
26.3
Dimensions & Design
No person may erect a building or structure in any commercial & institutional
district unless the building or structure complies with the Commercial & Institutional
Districts Built Form Table and any other regulations in this section.
CITY OF MORDEN
ZONING BY-LAW 08-2017
43
COMMERCIAL & INSTITUTIONAL DISTRICTS
BUILT FORM TABLE
DISTRICT
& use
LOT
AREA
sq ft
[sq m]
LOT
WIDTH
ft [m]
FRONT
YARD
ft [m]
REAR
YARD
ft [m]
SIDE
YARD
ft [m]
REVERSE
CORNER
SIDE
YARD
ft [m]
HEIGHT
ft [m]
LOT
COVERAGE
%
LOT AREA/
DWELLING
UNIT
sq ft
[sq m]
Minimum
Maximum
Minimum
CN
General
2500
[233]
25
[7.6]
25
[7.6]
25
[7.6]
5
[1.5]
12
[3.65]
35
[10.7]
60
Multiple family
2500
[233]
25
[7.6]
25
[7.6]
25
[7.6]
5
[1.5]
12
[3.65]
35
[10.7]
60
1667
[155]
Park
Road/utility
reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
CC
General
2500
[233]
25
[7.6]
0
[0]
25
[7.6]
0
[0]
0
[0]
45
[13.7]
80
Multiple family
2500
[233]
25
[7.6]
5 [1.5]
at
grade
; 10
[3]
above
2nd
floor
ceilin
g
25
[7.6]
4
[1.5]
5
[1.5]
50
[15.2]
80
833
[77.4]
PRIVATE MOTOR
VEHICLE-RELATED
uses
Hotel/motel/hostel
Warehouse sales
5000
[465]
50
[15.2]
0
[0]
25
[7.6]
0
[0]
0
[0]
45
[13.7]
80
Park
Road/utility
reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
CH
General
10000
[930]
100
[30.4]
45
[13.7]
25
[7.6]
45
[13.7]
45
[13.7]
35
[10.7]
60
Multiple family
10000
[930]
100
[30.4]
45
[13.7]
25
[7.6]
45
[13.7]
60
[18.3]
35
[10.7]
60
1250
[116]
Park
Road/utility
reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
CHR
General
5000
[465]
50
[15.2]
25
[7.6]
25
[7.6]
10
[3]
15
[4.6]
35
[10.7]
60
Multiple family
5000
[465]
50
[15.2]
25
[7.6 ]
25
[7.6]
10
[3]
15
[4.6]
35
[10.7]
60
1250
[116]
Park
Road/utility
reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
I
General
20000
[1858]
200
[61]
25
[7.6]
25
[7.6]
15
[4.6]
15
[4.6]
35
[10.7]
60
Institutional residence
8000
[743]
60
[18.3]
25
[7.6]
25
[7.6]
5
[1.5]
12
[3.65]
35
[10.7]
40
Multiple family
8000
[743]
60
[18.3]
25
[7.6]
25
[7.6]
15
[4.6]
15
[4.6]
35
[10.7]
40
1250
[116]
Park
Road/utility
reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
CITY OF MORDEN
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44
1)
Built Form
a)
Side Yards in "CN" & "CC" Districts
i.
A minimum side yard of 5 ft [1.5 m] shall be required where
a site abuts the lot line of a residential district;
ii.
For multiple-family buildings in the "CC" district, the
minimum side yard may be reduced to 0 ft [0 m], where an
existing building along the shared property line provides a 0
ft [0 m] side yard and has no windows, doors, or similar
openings in the wall facing the shared property line;
iii.
For multiple-family buildings, a minimum side yard of 10 ft [3
m] shall be required for 3rd-storey and above, where a site
abuts the lot line of a residential district.
b)
Lot Width and Front Yard Reductions in the "CH" District
i.
Lot width may be reduced to 75 ft [23 m] where a site is a
corner lot or has direct access to a frontage/service road, at
the discretion of the Designated Officer;
ii.
Front yard may be reduced to 30 ft [9 m] where a site is a
corner lot or has direct access to a frontage/service road, at
the discretion of the Designated Officer.
c)
Accessory Buildings in All Commercial & Institutional Districts
The maximum height of accessory buildings or structures on a site
which abuts the lot line of a residential district shall not exceed 20 ft
[6 m].
d)
Rear yard reduction for Accessory Buildings in All Commercial &
Institutional districts
Where an accessory building is located to the rear of the rear wall
of the main building, the rear yard for the accessory building may be
reduced to 5 ft [1.5 m].
e)
Side Yard Reduction for Accessory Buildings in "CN" & "CC"
districts
Where an accessory building is located to the rear of the rear wall
of the main building, the side yard for the accessory building may
be reduced as follows:
i.
2 ft [0.6 m] where the building length abutting the side
property line is 24 ft [7.3 m] or less;
ii.
3 ft [1 m] where the building length abutting the side
property line exceeds 24 ft [7.3 m].
f)
Side Yard Reduction for Accessory Buildings in "CH", "CHR", & "I"
Where an accessory building is located to the rear of the rear wall
of the main building, the side yard for the accessory building
districts may be reduced to 5 ft [1.5 m].
2)
Exterior Lighting, Landscaping, & Screening
a)
Fences & Hedges in All Commercial & Institutional Districts
Fences and hedges in commercial & institutional districts shall not:
i.
exceed maximum height of 4 ft [1.2 m] in a front yard, 6.5 ft
[2 m] in a side yard, or 12 ft [3.66m] in a rear yard;
ii.
outside storage shall not be allowed to project above the
height of the fence and/or hedge.
b)
Barbed Wire Fences in All Commercial & Institutional Districts
The top 2 ft [0.6 m] of a fence may be barbed wire for security
purposes.
3)
Parking, Loading, & Waste Materials Storage
a)
Parking & Loading Driveway Dimensions
Driveways providing access to public roads shall be in accordance
with the following:
i.
For all developments in all commercial & institutional
districts:
- minimum 12 ft [3.6 m] and maximum 24 ft [7.2 m] width for
one-way;
- minimum 20 ft [6 m] and maximum 30 ft [9 m] width for
two-way.
ii.
For multiple-family development in townhouse form:
- minimum 10 ft [3 m] and maximum 24 ft [7.2 m] width;
CITY OF MORDEN
ZONING BY-LAW 08-2017
45
- where lot width is less than 28 ft [8.5 m], maximum width
shall be reduced in order to ensure minimum 2.5 ft [0.75 m]
setback from side property line on each side of the
driveway.
iii.
For developments in the "CC" district, access to lanes may
be provided directly from parking spaces arranged
perpendicular to the lane, instead of via a driveway.
b)
Parking & Loading Area Surfacing
Parking and loading areas shall be surfaced in accordance with the
following:
i.
For developments in all commercial & institutional districts:
- concrete, asphalt, concrete pavers, or combination for all
parking and loading areas other than that portion of a
property located behind the rear wall of the principal
building, where the property is adjacent to a fronting road
only;
- for that portion located behind the rear wall, compacted
aggregate surfacing may be provided;
- concrete, asphalt, concrete pavers, or combination for all
parking and loading areas, where the property is adjacent to
a front road and a rear or side lane or adjacent to a front
road and a rear or side road.
c)
Offsite Parking Space Locations for All Commercial & Institutional
Districts
Required parking spaces may be located offsite but shall be located
no further than 440 feet [134 m] from the commercial site, subject to
a TDM study satisfactory to the Designated Officer. Such distance
shall be measured along an accessible public roadway from nearest
boundary of the property to the nearest off-street parking space.
d)
Loading & Waste Materials Storage Locations
No loading, storage, trash collection, or outdoor service or display
area shall be permitted within a required side yard. Loading,
storage and trash collection areas shall be located to the rear or
sides of the principal building and shall be screened from view from
any adjacent sites and public roads in accordance with section
23.2. If the rear or side lot lines of a site abut the lot line of a
residential district and these areas are used for loading, storage,
trash collection, or outdoor service or display area, these operations
shall be screened in accordance with section 23.2.
e)
Parking Space Allotment in the "CC" District
All existing and new uses within buildings located in the "CC" district
and constructed prior to the adoption of this by-law are exempt from
parking space requirements specified in the Off-Street Parking
Table.
f)
Loading Space Allotment in the "CC" District
All existing and new uses within buildings located in the "CC" district
and constructed prior to the adoption of this by-law are exempt from
loading space requirements specified in the Off-Street Loading
Table. For uses within new buildings in this district, loading spaces
shall be provided in accordance with the following:
i.
Where the table specifies 0 spaces are required, 0 spaces
shall be provided;
ii.
Where the table specifies 1 space is required, 0 spaces shall
be provided;
iii.
Where the table specifies 1 additional space is required, 1
space shall be provided.
4)
Signs
See the Accessory Sign Table in section 23.4 for sign regulations.
27.0
Industrial Districts
27.1
Intent
Industrial Business - MB
CITY OF MORDEN
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46
This district is intended to accommodate light industrial and related business
development with primarily interior operations.
Industrial General - MG
This district is intended to accommodate a range of industrial development,
including interior and exterior operations.
27.2
Land Use
No new use or expansion of an existing use in any industrial district may be
established except in conformity with the Industrial Districts Use Table.
CITY OF MORDEN
ZONING BY-LAW 08-2017
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INDUSTRIAL DISTRICTS
USE TABLE
P = Permitted C = Conditional
* = Use Specific Standard applicable
USE CATEGORIES
and uses
MB
MG
USE SPECIFIC STANDARD
COMMERCIAL
Auction establishment
P
C
Automotive sales & service
C
Business support service
C
Drinks establishment
C*
C*
30.8, 30.9
Funeral services
P
P
Greenhouse & nursery sales
P
P
Heavy equipment sales & service
P
P
Mail/courier depot
P
P
Office
C
Personal services
C
Restaurant
C*
C*
30.8, 30.9
Retail sales
C
Trailer/RV/mobile home sales & rental
P
P
Warehouse sales
P
P
CULTURAL & ENTERTAINMENT
Amusement establishment, indoor
C
C
Amusement establishment, outdoor
C
C
Entertainment establishment, indoor
P
Entertainment establishment, outdoor
P
Religious institution
C
PUBLIC & INSTITUTIONAL
Animal hospital
P
C
Child care centre
C
College/university/trade school
P
Hospital
P
Kennel/shelter
P
C
Park
P
P
Protection & emergency service
P
P
Recreation facility, indoor
P
C
Recreation facility, outdoor
P
C
Research institution
P
P
Veterinary
P
C
TRANSPORTATION, UTILITY, & COMMUNICATIONS
Aircraft landing field
C
C
Airport
C
Road/utility reserve
P
P
Sign, non-accessory
C
C
Studio, Broadcast/ motion picture
P
P
Transport terminal/ freight yard
P
P
Utility & works yard
P
P
PRIVATE MOTOR-VEHICLE RELATED
Automotive & equipment repair service
P*
P*
30.8
Car wash
P*
C*
30.8
Parking, non-accessory
P
P
Truck stop
C
C
INDUSTRIAL
Abattoir
C
Batching plant
C
Brewery/distillery/ winery
C
P
Bulk storage facility
C
Commercial kitchen/ catering service
P
P
Commercial laundry/
dry-cleaning plant
P
P
Contractor establishment
P
P
Fleet service/towing & storage facility
P
P
Grain elevator
C
P
Manufacture/assembly/ repair/ packaging of
products from prepared materials
P
P
Manufacture from semi-finished or raw materials
C
P
Mini storage
P
P
Printing/publishing
P
P
Storage compound
C
Trucking operation
P
P
Warehouse
P
P
CITY OF MORDEN
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INDUSTRIAL DISTRICTS
USE TABLE
P = Permitted C = Conditional
* = Use Specific Standard applicable
USE CATEGORIES
and uses
MB
MG
USE SPECIFIC STANDARD
AGRICULTURAL
Agri-business
C
P
Warehouse, agricultural crop protection
C
C
ACCESSORY
Drive-in/drive-through, to restaurant
C*
C*
30.8
Drive-in/drive-through, to vehicle service
P*
P*
30.8
Drive-in/drive-through, to personal service & retail
sales
P*
P*
30.8
Mobile food cart
P*
P*
30.16
Sign
P
P
27.3
Dimensions & Design
No person may erect a building or structure in any industrial district unless the
building or structure complies with the Industrial Districts Built Form Table and any
other regulations in this section.
INDUSTRIAL DISTRICTS
BUILT FORM TABLE
DISTRICT
& use
LOT AREA
sq ft [sq m]
LOT
WIDTH
ft [m]
FRONT
YARD
ft [m]
REAR
YARD
ft [m]
INT SIDE
YARD
ft [m]
REVERSE
CORNER
SIDE YARD
ft [m]
HEIGHT
ft [m]
LOT
COVERAGE%
Minimum
Maximum
Minimum
MB
General
5000
[465]
50
[15.2]
20
[6]
10
[3]
10
[3]
15
[4.6]
45
[13.7]
80
Park
Road/utility reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
MG
General
10000
[930]
100
[30.4]
25
[7.6]
10
[3]
10
[3]
15
[4.6]
45
[13.7]
80
Park
Road/utility reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
1)
Built Form
a)
Lot Width Reduction for the "MB" district:
i.
Lot width may be reduced to 50 ft [15 m] where a site is a
corner lot or has direct access to a frontage/service road, at
the discretion of the Designated Officer.
b)
Lot Width Reduction for the "MG" district:
i.
Lot width may be reduced to 75 ft [23 m] where a site is a
corner lot or has direct access to a frontage/service road, at
the discretion of the Designated Officer.
c)
Accessory Buildings in All Industrial Districts
i.
The maximum height of accessory buildings or structures
shall not exceed 30 ft [9 m];
ii.
The maximum height of accessory buildings within 30 ft [9
m] of a residential district shall not exceed 20 ft [6 m].
d)
Rear Yard Reduction for Accessory Buildings in All Industrial
districts
Where an accessory building is located to the rear of the rear wall
of the main building, the rear yard for the accessory building may be
reduced to 10 ft [3 m].
e)
Side Yard Reduction for Accessory Buildings in All Industrial
Districts
CITY OF MORDEN
ZONING BY-LAW 08-2017
49
Where an accessory building is located to the rear of the rear wall
of the main building, the side yard for the accessory building
districts may be reduced to 10 ft [3 m];
f)
Yard Reduction Adjacent to Railway Line or Railway Siding in All
Industrial Districts
Any loading, unloading, transloading, or similar operation may be
conducted in any yard abutting a railway line or railway siding.
2)
Exterior Lighting, Landscaping, & Screening
a)
Fences & Hedges in All Industrial Districts
Fences and hedges in industrial districts shall not exceed maximum
height of 4 ft [1.2 m] in a front yard, 6.5 ft [2 m] in a side yard, or 12
ft [3.66m] in a rear yard.
b)
Barbed Wire Fences in All Industrial Districts
The top 2 ft [0.6 m] of a fence may be barbed wire for security
purposes.
3)
Parking, Loading, & Waste Materials Storage
a)
Off-Site Parking Space Locations for All Industrial Districts
Required parking spaces may be located off-site but shall be
located no further than 440 feet [134 m] from the industrial site,
subject to a TDM study satisfactory to the Designated Officer. Such
distance shall be measured along an accessible public roadway
from nearest boundary of the property to the nearest parking space.
b)
Driveway Dimensions & Surfacing
c)
Parking & Loading Driveway Dimensions
Driveways providing access to public roads shall be in accordance
with the following:
i.
For all developments in the "MB" district:
- minimum 12 ft [3.6 m] and maximum 24 ft [7.2 m] width for
one-way;
- minimum 20 ft [6 m] and maximum 30 ft [9 m] width for
two-way.
ii.
For all developments in the "MG" district:
- minimum 15 ft [4.5 m] and maximum 30 ft [9 m] width for
one-way;
- minimum 24 ft [7.2 m] and maximum 40 ft [12 m] for two-
way.
d)
Parking & Loading Area Surfacing
Parking and loading areas shall be surfaced in accordance with the
following:
i.
For developments in the "MB" district:
- concrete, asphalt, concrete pavers, or combination for all
parking and loading areas other than that portion of a
property located behind the front wall of the principal
building, where the property is adjacent to a fronting road
only;
- for that portion located behind the front wall of the principal
building, compacted aggregate surfacing may be provided;
- concrete, asphalt, concrete pavers, or combination for all
parking and loading areas, where the property is adjacent to
a front road and a rear or side lane or adjacent to a front
road and a rear or side road.
ii.
For developments in the "MG" district:
- concrete, asphalt, concrete pavers, or combination for all
parking and loading areas located within the first 25 ft [7.62
m] of front yard depth;
- for all other portions, compacted aggregate surfacing may
be provided.
e)
Waste Materials Storage & Business-related Materials Storage
Outside storage and waste materials storage shall be located to the
rear of a line commencing and at parallel to the front wall of the
principal building and any such storage materials shall not be
allowed to project above the height of the fence and/or hedge.
CITY OF MORDEN
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4)
Signs
See the Accessory Sign Table in section 23.4 for sign regulations.
28.0
Agricultural, Parks, & Public Works Districts
28.1
Intent
Community Reserve - CR
This district is intended to reserve land for future Urban Neighbourhood, Urban
Employment, Urban Activity, and Urban Parks & Open Space development as
identified by the MSTW Planning District Development Plan.
Parks & Recreation - PR
To accommodate passive open space and active recreational development.
Public Works - PW
To provide for municipal lands, facilities, and utilities.
28.2
Land Use
No new use or expansion of an existing use in any agricultural, parks, & public
works district may be established except in conformity with the Agricultural, Parks,
& Public Works District Use Table.
CITY OF MORDEN
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51
AGRICULTURAL, PARKS, & PUBLIC WORKS DISTRICTS
USE TABLE
P = Permitted C = Conditional * = Use Specific Standard applicable
USE CATEGORIES and uses
CR
PR
PW
USE
SPECIFIC
STANDARD
RESIDENTIAL & RESIDENTIAL-RELATED
Single family
C
CULTURAL & ENTERTAINMENT
Amusement establishment, outdoor
C
Entertainment establishment, outdoor
P
Library/museum/ gallery/cultural exhibit
P
PUBLIC & INSTITUTIONAL
Campsite
C
P
C
Cemetery
C
Child care centre
P
Kennel/shelter
C
Park
P
P
P
Protection & emergency service
P
P
P
Recreation facility, indoor
P
Recreation facility, outdoor
P
TRANSPORTATION, UTILITY, & COMMUNICATIONS
Aircraft landing field
C
Airport
C
Footpath
P
P
Road/utility reserve
P
P
P
Sign, non-accessory
C
Utility & works yard
P
P
P
INDUSTRIAL
Aggregate extraction operation
C
30.15
Heavy equipment sales & service
C
AGRICULTURAL
Farming/ranching
P*
30.13
Farmstead dwelling
P
Livestock production operation
C*
30.14
Wildlife & conservation reserve
P
P
P
ACCESSORY
Bed & breakfast, to single family & farmstead dwelling
P*
30.4
Drinks establishment, to Public & Institutional and Cultural
& Entertainment uses
P
Farm produce outlet, to single family & farmstead dwelling
P
Greenhouse & nursery sales, to farming/ranching
P
Home occupation, major
P*
30.3
Home occupation, minor
P*
30.3
Kennel/shelter/ breeding facility, to single family &
farmstead dwelling
P
Mobile food cart
P*
30.16
Neighbourhood retail, to Public & Institutional and Cultural
& Entertainment uses
P
Restaurant, to Public & Institutional and Cultural &
Entertainment uses
P
Sign
P
P
P
Specialized agriculture, to single family & farmstead
dwelling
P
Stable/riding academy, to single family & farmstead
dwelling
P
Swimming pool, to single family & farmstead dwelling
P*
30.7
28.3
Dimensions & Design
No person may erect a building or structure in any agricultural, parks, & public
works district unless the building or structure complies with the Agricultural, Parks,
& Public Works Districts Built Form Table and any other regulations in this section.
CITY OF MORDEN
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52
AGRICULTURAL, PARKS, & PUBLIC WORKS DISTRICTS
BUILT FORM TABLE
DISTRICT
& use
LOT
AREA
sq ft [sq
m]
LOT
WIDTH
ft [m]
FRONT
YARD
ft [m]
REAR
YARD
ft [m]
SIDE
YARD
ft [m]
REVERSE
CORNER
SIDE
YARD
ft [m]
HEIGHT
ft [m]
LOT
COVERAGE
%
LOT AREA/
DWELLING
UNIT
sq ft [sq m]
Minimum
Maximum
Minimum
CR
General
20
acres
[8
hect]
600
[183]
50
[15.2]
25
[7.6]
15
[4.6]
15
[4.6]
35
[10.7]
50
Farmstead dwelling
1
acre
[0.4
hect]
200
[61]
30
[9.1]
25
[7.6]
15
[4.6]
15
[4.6]
35
[10.7]
n/a
1 acre
[0.4 hect]
Park
Road/utility reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
PR
General
4000
0
[3716
]
200
[61]
25
[7.6]
25
[7.6]
15
[4.6]
15
[4.6]
35
[10.7]
50
Park
Road/utility reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
PW
General
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
1)
Built Form
a)
Accessory Buildings in All Agricultural, Parks, & Public Works
Districts
i.
The maximum height of accessory buildings or structures
shall not exceed 35 ft [10.5 m];
ii.
The maximum height of accessory buildings within 35 ft [9
m] of a residential district shall not exceed 20 ft [6 m].
2)
Exterior Lighting, Landscaping, & Screening
a)
Fences & Hedges in All Agricultural, Parks, & Public Works Districts
Fences and hedges in agricultural, parks, & public works districts
districts shall not exceed maximum height of 10 ft [3 m], for all types
other than chain link fences. There shall be no height limits for
chain link fences in these districts.
3)
Parking, Loading, & Waste Materials Storage
a)
Off-Site Parking Space Locations in All Agricultural, Parks, & Public
Works Districts
Required parking spaces may be located off-site but shall be
located no further than 440 feet [134 m] from the agricultural, parks,
or public works site, subject to a TDM study satisfactory to the
Designated Officer. Such distance shall be measured along an
accessible public roadway from nearest boundary of the property to
the nearest parking space.
b)
Parking & Loading Driveway Dimensions
Driveways providing access to public roads shall be in accordance
with the following:
i.
For all developments in all agricultural, parks, and public
works districts:
- minimum 12 ft [3.6 m] and maximum 24 ft [7.2 m] width for
one-way;
- minimum 20 ft [6 m] and maximum 30 ft [9 m] width for
two-way.
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c)
Parking & Loading Area Surfacing
Parking and loading areas shall be surfaced in accordance with the
following:
ii.
For developments in all agricultural, parks, & public works
districts:
- concrete, asphalt, concrete pavers, or combination for all
parking and loading areas located within the first 25 ft [ m] of
front yard depth;
- for all other portions, compacted aggregate surfacing may
be provided.
4)
Signs
See the Accessory Sign Table in section 23.4 for sign regulations.
29.0
Mixed-Use Districts
29.1
Intent
Mixed-Use Corridor - MUC
To accommodate a mix of development along a major roadway encompassing
several sites.
Mixed-Use Node - MUN
To accommodate a fine-grained mix of development on a site-specific basis.
29.2
Land Use
No new use or expansion of an existing use in any mixed-use district may be
established except in conformity with the Mixed-use Districts Use Table.
CITY OF MORDEN
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MIXED-USE DISTRICTS
USE TABLE
P = Permitted C = Conditional * = Use Specific Standard applicable
USE CATEGORIES
and uses
MUC
MUN
USE
SPECIFIC
STANDARD
RESIDENTIAL & RESIDENTIAL-RELATED
Group home
P
P
Multiple family
P*
P*
30.5, 30.6
COMMERCIAL
Automotive, sales & rental
C
C
Business support service
P
P
Commercial kitchen/ catering service
P
C
Drinks establishment, ground level
P*
P*
30.9
Drinks establishment, upper levels
C*
C*
30.9
Hotel/motel/hostel
P
P
Micro brewery/distillery/ winery, ground level
P
P
Neighbourhood retail
P
P
Office
P
P
Pawn shop
C
C
Personal services
P
P
Restaurant, ground level
P*
P*
30.9
Restaurant, upper levels
C*
C*
30.9
Retail sales
P
P
Studio, dance/ music/photo/design
P
P
Warehouse sales
C
C
CULTURAL & ENTERTAINMENT
Amusement establishment, indoor
P
P
Amusement establishment, outdoor
C
Casino
P
C
Entertainment establishment, indoor
P
P
Entertainment establishment, outdoor
C
Library/museum/ gallery/cultural exhibit
P
P
Private members club
P
P
Religious institution
P
C
PUBLIC & INSTITUTIONAL
Child care centre
P
P
College/university/
trade school
P
P
Hospital
C
C
Institutional residence
P
P
Park
P
P
Protection & emergency service
P
P
Recreation facility, indoor
P
P
Recreation facility, outdoor
C
Research institution
P
C
School, secondary
P
P
Veterinary
P
P
TRANSPORTATION, UTILITY, & COMMUNICATIONS
Road/utility reserve
P
P
Sign, non-accessory
C
C
Studio, Broadcast/ motion picture
P
P
Utility & works yard
P
P
PRIVATE MOTOR-VEHICLE RELATED
Automotive & equipment repair service
C*
30.8
Car wash
C*
30.8
Fuel sales
C*
30.8
Parking, non-accessory
C
C
Truck stop
C
INDUSTRIAL
Brewery/distillery/winery
C
Commercial kitchen/ catering service
C
C
Contractor establishment
C
Manufacture/assembly/repair/
Packaging of products from prepared materials
P
C
Mini storage
C
ACCESSORY
Micro brewery/distillery/ winery, to restaurant or drinks establishment
P
P
Mobile food cart
P*
P*
30.16
Sign
P
P
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29.3
Dimensions & Design
No person may erect a building or structure in any mixed-use district unless the
building or structure complies with the Mixed-use Districts Built Form Table and
any other regulations in this section.
MIXED-USE DISTRICTS
BUILT FORM TABLE
DISTRICT
& use
LOT
AREA
sq ft
[sq m]
LOT
WIDTH
ft [m]
FRONT
YARD
ft [m]
REAR
YARD
ft [m]
SIDE
YARD
ft [m]
REVERSE
CORNER
SIDE
YARD
ft [m]
HEIGHT
ft [m]
LOT
COVERAGE
%
LOT AREA/
DWELLING
UNIT
sq ft
[sq m]
Minimum
Maximum
Minimum
MUC
General
5000
[465]
50
[15.2]
0
[0]
10
[3]
5
[1.5]
1st &
2nd st;
10 [3]
above
10
[3]
45
[13.7]
60
Multiple family
5000
[465]
50
[15.2]
5 [1.5]
at
grade;
10 [3]
above
2nd
floor
ceiling
10
[3]
5
[1.5]
1st &
2nd st;
10 [3]
above
10
[3]
45
[13.7]
60
833
[77.4]
Park
Road/utility reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
MUN
General
5000
[465]
50
[15.2]
0
[0]
10
[3]
5
[1.5]
1st &
2nd st;
10 [3]
above
10
[3]
60
[18.3]
60
Multiple family
5000
[465]
50
[15.2]
5 [1.5]
at
grade;
10 [3]
above
2nd
floor
ceiling
10
[3]
5
[1.5]
1st &
2nd st;
10 [3]
above
10
[3]
60
[18.3 ]
60
833
[77.4]
Park
Road/utility reserve
Utility
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
1)
Built Form
a)
Side yard reduction for Accessory Buildings in All Mixed-Use
districts
Where an accessory building is located to the rear of the rear wall
of the main building, the side yard for the accessory building may
be reduced as follows:
i.
5 ft [1.5 m] where the building length abutting the side
property line is 24 ft [7.3 m] or less;
ii.
10 ft [3 m] where the building length abutting the side
property line exceeds 24 ft [7.3 m].
b)
Rear yard reduction for Accessory Buildings in All Mixed-Use
Districts
Where an accessory building is located to the rear of the rear wall
of the main building, the rear yard for the accessory building may be
reduced to 5 ft [1.5 m].
c)
Accessory Buildings in All Mixed-Use Districts
i.
The maximum height of accessory buildings or structures
shall not exceed 20 ft [6 m];
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ii.
The maximum height of accessory buildings within 30 ft [9
m] of a residential district shall not exceed 15 ft [4.5 m].
2)
Exterior Lighting, Landscaping, & Screening
a)
Fence and Hedge Height Limitations in All Mixed-use Districts
Fences and hedges shall not be higher, measured from the general
ground level at a distance of 2 ft [0.6 m] from within the lot line of
the site on which the fence is to be constructed, than:
i.
4 ft [1.2 m] in a required front yard;
ii.
6.5 ft [2.00 m] in a required side or rear yard.
3)
Parking, Loading, & Waste Materials Storage
a)
Parking & Loading Driveway Dimensions
Driveways providing access to public roads shall be in accordance
with the following:
i.
For all developments in all mixed-use districts:
- minimum 12 ft [3.6 m] and maximum 24 ft [7.2 m] width for
one-way;
- minimum 20 ft [6 m] and maximum 30 ft [9 m] width for
two-way.
ii.
For multiple-family development in townhouse form:
- minimum 10 ft [3 m] and maximum 24 ft [7.2 m] width;
- where lot width is less than 28 ft [8.5 m], maximum width
shall be reduced in order to ensure minimum 2.5 ft [0.75 m]
setback from side property line on each side of the
driveway.
b)
Parking & Loading Area Surfacing
Parking and loading areas shall be surfaced in accordance with the
following:
i.
For all developments in all mixed-use districts:
- concrete, asphalt, concrete pavers, or combination for all
parking and loading areas other than that portion of a
property located behind the rear wall of the principal
building, where the property is adjacent to a fronting road
only;
- for that portion located behind the rear wall, compacted
aggregate surfacing may be provided;
- concrete, asphalt, concrete pavers, or combination for all
parking and loading areas, where the property is adjacent to
a front road and a rear or side lane or adjacent to a front
road and a rear or side road.
c)
Off-Site Parking Space Locations for All Mixed-use Districts
Required parking spaces may be located off-site but shall be
located no further than 440 feet [134 m] from the mixed-use site,
subject to a TDM study satisfactory to the Designated Officer. Such
distance shall be measured along an accessible public roadway
from nearest boundary of the property to the nearest parking space.
d)
Parking Space Allotment for All Mixed-use Districts
For all uses, the minimum parking space requirement specified in
the Off-Street Parking Table may be reduced up to 25%.
e)
Loading & Waste Materials Storage Locations
No loading, storage, trash collection, or outdoor service or display
area shall be permitted within a required side yard. Loading,
storage and trash collection areas shall be located to the rear or
sides of the principal building and shall be screened from view from
any adjacent sites and public roads in accordance with section
23.2. If the rear or side lot lines of a site abut the lot line of a
residential district and these areas are used for loading, storage,
trash collection, or outdoor service or display area, these operations
shall be screened in accordance with section 23.2.
4)
Signs
See the Accessory Sign Table in section 23.4 for sign regulations.
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PART IV - USE SPECIFIC STANDARDS
30.0
Applicability
30.1
Secondary Suites
A Secondary suite is permitted as an accessory use in a single family dwelling
located in any zoning district provided that:
1)
The principal dwelling is on a lot of not less than 4000 sq ft [372 sq m];
2)
Properties containing a Secondary suite contain a minimum of 2 off-street
parking spaces;
3)
The Secondary suite not exceed a floor area of 800 sq ft [75 sq m] or 40%
of the floor area of the principal building, whichever is less;
4)
The Secondary suite contains a minimum of 2 rooms, one of which being a
bathroom;
5)
Only 1 entrance to the residence is visible from the front street, unless the
residence contained an additional street-facing entrance prior to the
creation of the Secondary suite;
6)
Only 1 Secondary suite is permitted per single family dwelling.
30.2
Garden Suites
A Garden Suite is conditional as an accessory use to a single family dwelling in
any zoning district and provided that:
1)
Garden suites will not be permitted on properties smaller than 5000 sq ft
[465 sq m] in size.
2)
The Garden suite not exceed a floor area of 800 sq ft [75 sq m] or 40% of
the floor area of the principal building, whichever is less;
3)
Garden suites shall comply with the yard requirements applicable to
accessory buildings.
4)
Vehicular access to the Garden suite shall be provided via an existing
driveway.
5)
Garden Suites shall be connected to the municipal water and sewer
systems.
6)
Only 1 Garden suite may be established per lot on which a single family
dwelling exists. Where a lot already contains a single family dwelling with a
Secondary suite, a Garden suite is not permitted.
30.3
Home Occupations
A Home occupation shall comply with the following regulations:
1)
The Home occupation shall not include adult uses, Automotive &
equipment repair shop, or Fleet service/tow & storage service.
2)
There shall be no outdoor business activity and no storage of material or
equipment associated with the Home occupation.
3)
The Home occupation shall be operated by the occupants of the residence
without the employment of other persons.
4)
Notwithstanding section 23.4 and the relevant zoning district sign
regulations, the Home occupation may have 1 non-illuminated identification
sign not exceeding 3 sq ft [0.3 sq m], indicating the name of the occupant
and/or Home occupation of the occupant, provided the sign is attached to
and parallel with the wall of the principal or accessory building.
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5)
The Home occupation shall be operated as an accessory use only, and
shall not change the external appearance of the residence.
6)
A Minor home occupation within a principal or accessory building shall not
exceed a maximum floor area of 300 sq ft [28 sq m], shall not require more
than 1 business-related visit per day at the dwelling, and shall not be visible
from outside the building or change the external appearance of the
residence.
7)
A Major home occupation within a principal or accessory building shall not
exceed a maximum floor area of 484 sq ft [45 sq m], may require more
than 1 business-related visit per day at the dwelling, and may be visible
from outside the building but shall not change the external appearance of
the residence.
8)
In addition to the information specified in section 9.3, an application for a
Minor or Major home occupation shall include a description of the business
to be undertaken at the premises, an indication of the number of business-
related visits per week, parking provision details, and location & types of
materials or equipment associated with the business.
9)
The Home occupation shall not be permitted if, in the opinion of the
Designated Officer, such use would be more appropriately located in a
Commercial & Institutional or Industrial district having regard for, among
other matters, the overall compatibility of the use with the residential
character or the area.
10)
A Development Permit for a Home occupation is not transferable to a new
homeowner or occupant.
30.4
Bed & Breakfasts
A Bed & breakfast shall comply with the following regulations:
1)
There shall be no exterior display or advertisement larger than 6 sq ft [0.5
Sq m] in area and no sign shall be illuminated.
2)
The Bed & breakfast shall not generate vehicular traffic or parking that is in
excess of what is normally characteristic of the area.
3)
The Bed & breakfast shall be operated by a live-in owner as an accessory
use only and shall not change the external appearance of the residence.
4)
The Bed & breakfast shall have a maximum of 3 guest suites in the "RS-S",
"RS-L", "RT", "RM-S", "RM-M", "RM-L", and "CC" districts.
5)
Meals shall be limited to the owners/occupants of the Bed & breakfast and
resident guests therein, with no cooking facilities allowed in the guest
suites.
6)
In addition to the parking regulations for the primary use, one additional
onsite parking space shall be provided for each guest suite.
7)
Approved smoke alarms shall be required:
a)
in every guest suite; and
b)
in the common corridor of every storey or floor level, even if no
guest suite is provided on that storey or floor level.
The smoke alarms are to be electrically hard wired to each other in cases
where major renovations are to take place.
8)
An approved 2.20 kg. (4.85 lb.) multipurpose portable fire extinguisher shall
be visibly mounted near the kitchen exit door, preferably the door leading
directly outdoors.
30.5
Multiple Family Dwellings in Townhouse Form
Where a multiple-family development consists of a series of townhouses, the
overall site may be designed to accommodate separate lots for each townhouse in
accordance with the following:
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1)
The overall multiple family site must meet the minimum "RM-S", "RM-M", or
"RM-L" district built form requirements as specified in Part III and in the
Residential Districts Built Form Table;
2)
Each separate townhouse lot may only accommodate 1 townhouse;
3)
Each separate townhouse lot must have frontage on a public street;
4)
Each separate townhouse lot must provide a minimum lot area of 1600 sq
ft [150 sq m] and a minimum lot width of 16 ft [5 m];
5)
No side yard is required along a party wall.
30.6
Bare Land Condominium Developments
1)
Each bare land unit, which is delineated by horizontal land boundaries, shall
be considered a lot as defined herein for the purposes of determining lot
area, lot width, yards, and other requirements.
2)
Those common elements, which will be ordinarily used for vehicular and
pedestrian movements, including streets and lanes but not including
sidewalks and pathways or parking areas, shall be considered:
a)
a street, as defined herein, where such thoroughfare exceeds 33 ft
[10 m] in width; and
b)
a lane, as defined herein, where such thoroughfare does not
exceed 33 ft [10 m] in width.
30.7
Swimming Pools
A swimming pool accessory to a Single family or Two family dwelling shall be
enclosed with a fence or other suitable barrier constructed in accordance with the
following requirements:
1)
A minimum height of 5 ft [1.5 m].
2)
There shall be no openings, other than a door to a building or a gate as
described in (3), and it shall not be possible for a child to crawl under either
the fence or the gate.
3)
Any gate shall be self-closing, shall be at least 5 ft [1.5 m] in height and
shall be equipped with a lockable latch to prevent unauthorized entry.
4)
Where a chain link fence is used, the mesh size shall not exceed 2 in [50
mm] and the wire shall be at least 11 gauge.
5)
Where other than a chain link fence is used, the outside surface of the
fence or gate shall be relatively smooth so as not to provide foot or toe
holds.
30.8
Vehicular-Oriented Uses
A vehicular-oriented use shall comply with the following regulations:
1)
In addition to those uses identified in the relevant district use tables, any
use that includes a drive-in or drive-through component shall comply with
these regulations:
a)
The minimum property frontage and depth shall be 100 ft [30 m];
b)
Stacking space shall be provided for drive-through services as
follows:
i.
For Restaurants and Drinks establishments with drive-
through service, a minimum of 3 in-bound stacking spaces
shall be provided for vehicles approaching the drive-up
service window or order box and 3 stacking spaces between
the window/order box and the pick-up window. 1 stacking
space shall be provided between the pick-up window and
the property exit for each service position and this space
shall be located so as not to interfere with service to the next
vehicle;
ii.
For Automotive & equipment repair service establishments
and Car washes with drive-through service, a minimum of 3
CITY OF MORDEN
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in-bound and 2 out-bound stacking spaces shall be provided
for each service bay, except that in the case of a complete
service car wash a minimum of 20 in-bound and 5 out-
bound stacking spaces shall be provided;
iii.
For Personal service establishments [e.g. financial
institutions, pharmacies] with drive-through service, a
minimum of 3 in-bound stacking spaces and 1 out-bound
stacking space shall be provided for each service window or
machine;
iv.
All stacking spaces shall be a minimum of 8.5 ft [2.6 m] wide
and 18 ft [5.5 m] long.
2)
Pump islands and underground storage tanks operated in conjunction with
all Private Motor Vehicle-related uses comply with the following additional
regulations:
a)
All pump islands and underground storage tanks shall be located at
least 20 ft [6 m] from any boundary of the site or designated parking
area on the site;
b)
A canopy over a pump island may extend to within 10 ft [3 m] of the
property boundary. The canopy area shall not constitute part of the
site coverage for principal or accessory buildings.
30.9
Restaurants & Drinks Establishments
1)
Other than for pick-up & delivery operations, all Restaurants & Drinks
establishments shall provide parking according to the following:
a)
30% of the floor area [minus exemptions granted under section
23.3(1)] shall be subject to providing the minimum 1 parking space
per 500 sq ft [46.5 sq m] requirement specified in the Accessory Off-
street Parking Table;
b)
The remaining 70% of the floor area shall be subject to providing 1
parking space per 250 sq ft [23 sq m].
2)
Restaurants and Drinks establishments operating as pick-up & delivery
shall provide parking according to the Accessory Off-street Parking Table.
30.10 Campsites
All campsites shall provide:
1)
A central open space area equivalent to 200 sq ft [19 sq m] per camping
space or an aggregate of 2400 sq ft [223 sq m], whichever is greater.
2)
An all-weather internal roadway to serve all camping spaces with a
minimum driving surface width of 18 ft [5.5 m], with the surface materials to
standards approved by the Designated Officer.
3)
At least 1 parking space per camping space.
4)
Sanitary refuse storage at a location readily accessible to all camping
spaces but not more than 440 ft [134 m] from any camping space.
5)
Illumination of all internal roadways and walkways to standards approved
by the Designated Officer.
6)
Service buildings or structures accessory to and for the common use of
tenants or for the administration of the campsite, including
washroom/shower buildings, outdoor cooking areas, or convenience store.
A dwelling unit shall be permitted when contained within the same building
as the administration office or store.
7)
Clear marking of the boundaries of each camping space and identification
of each space by a numbered sign.
8)
Utility services and onsite liquid waste storage facilities in the form of a
holding tank in a suitable location for use of tenants.
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30.11 Adult Uses Adjacent to Residential & Residential-related, Public & Institutional,
Cultural & Entertainment Uses
1)
An establishment where the principal business activity relates to adult
entertainment, including striptease and pornographic video and magazine
or book sales, must be fully enclosed within its own free standing building;
and
2)
Such an establishment shall maintain a minimum separation distance of
1000 ft [305 m] from any designated Residential & Residential-related,
Public & Institutional, or Cultural & Entertainment uses.
30.12 Group Homes
1)
A Group home with accommodation for up to 6 residents shall be
permitted;
2)
A Group home with accommodations for more than 6 residents may be
allowed subject to conditional use approval.
30.13 Buildings & Structures Accessory to Farming/Ranching
1)
A building or structure accessory to a Farming/ranching use may exceed
the maximum building height regulation.
30.14 Livestock Production Operations
1)
New Livestock production operations and expansions of existing Livestock
production operations beyond that provided for under (2) shall not be
permitted.
2)
The conditional use process as it applies to Livestock production
operations is only available under the following circumstances:
a)
When the proposal is to change to a different category of livestock;
or
b)
When the proposal is to increase the number of animal units by no
more than 100 animal units than were present on the date this by-
law came into force-and-effect.
3)
Where a Livestock production operation is located within 2625 ft [800 m] of
one or more other Livestock production operations, and where those
operations raise the same category of livestock and are owned by the
same individuals, corporation, partnership, or other entity, or where they
share a common manure storage facility, they shall be deemed to be 1
Livestock production operation for the purposes of this by-law.
4)
Except for the dwelling unit of the operator of the Livestock production
operation, mutual separation distances shall be maintained between
Livestock production operations and a dwelling unit or designated area for
use as an urban centre, park area, or recreational area in accordance with
the Livestock Production Operation Separation Distance Table
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LIVESTOCK PRODUCTION OPERATION
SEPARATION DISTANCE TABLE
Size of
Livestock
Production
Operation in
Animal Units
Minimum Separation Distance
From Dwelling
From Designated Area
To Earthen Manure
Storage Facility
To Animal Housing
Facility and Non-
earthen Manure
Storage Facility
To Earthen Manure
Storage Facility
To Animal Housing
Facility and Non-
earthen Manure
Storage Facility
10 to 100
656 ft
[200 m]
328 ft
[100 m]
2625 ft
[800 m]
1739 ft
[530 m]
101 to 200
984 ft
[300 m]
492 ft
[150 m]
3937 ft
[1200 m]
2625 ft
[800 m]
201 to 300
1312 ft
[400 m]
656 ft
[200 m]
52449 ft
[1600 m]
3511 ft
[1070 m]
301 to 400
1476 ft
[450 m]
738 ft
[225 m]
5906 ft
[1800 m]
3937 ft
[1200 m]
401 to 800
1640 ft
[500 m]
820 ft
[250 m]
6561 ft
[2000 m]
4364 ft
[1330 m]
801 to 1600
1968 ft
[600 m]
984 ft
[300 m]
7874 ft
[2400 m]
5249 ft
[1600 m]
801 to 1600
1968 ft
[600 m]
984 ft
[300 m]
7874 ft
[2400 m]
5249 ft
[1600 m]
1601 to 3200
2297 ft
[700 m]
1148 ft
[350 m]
9186 ft
[2800 m]
6135 ft
[1870 m]
3201 to 6400
2625 ft
[800 m]
1312 ft
[400 m]
10499 ft
[3200 m]
6988 ft
[2130 m]
6401 to 12800
2953 ft
[900 m]
1476 ft
[450 m]
11811 ft
[3600 m]
7874 ft
[2400 m]
12801+
3281 ft
[1000 m]
1640 ft
[500 m]
13123 ft
[4000 m]
8760 ft
[2670 m]
30.15 Aggregate Extraction Operations
In order to meet the goals of the Provincial Land Use Policies regarding Mineral
Resources [Policy Area 8] and the policies of the MSTW Planning District
Development Plan regarding Aggregate Resources [section 2.9], Aggregate
extraction operations shall only be allowed in the "CR" district and subject to the
proponent submitting the additional information specified in section 9.3, submitting
the additional information specified in (1) to (5), and subject to entering into a
Development Agreement with the City of Morden.
1)
A key map showing the subject property and surrounding properties;
2)
A site plan showing: the boundaries of the subject property; the area or
areas to be excavated; the staging of excavations; existing buildings and
uses; proposed buildings and uses; and the locations of existing buildings
and uses on surrounding properties within 500 ft [152 m] of the subject
property. The site plan shall also show: the location and dimensions of
areas intended for stockpiling of stripped topsoil and overburden; for
stockpiling excavated aggregate; and of existing or proposed landscape
buffers and berms;
3)
A transportation plan showing the location and dimensions of: existing and
proposed vehicular access and egress locations; location and dimensions
of onsite roads, parking areas, and loading/vehicle staging areas; the
proposed hauling route plan on adjacent roads and highways; and
additional information pertaining to traffic volumes and road maintenance
practices as requested by the Designated Officer;
4)
An operations plan identifying: proposed hours of operation; blasting
procedures; and noise/dust/vibration abatement and mitigation measures;
5)
A rehabilitation plan demonstrating intended staging and practices for
progressive post-extraction rehabilitation.
30.16 Mobile Food Vehicles
A Mobile food cart may only be established on a lot once a principal building or
use exists and subject to the following:
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1)
The Mobile food vehicle must be licensed by the Government of Manitoba
and meet all applicable provincial health and road safety legislation and
regulations.
2)
The Mobile food vehicle shall not operate between the hours of 11:00 p.m.
and 7:00 a.m. and must be removed from the site on a daily basis.
3)
The Mobile food vehicle must not be located within 50 ft [15 m] of the
nearest property line of a Restaurant or "RS-S" or RS-L" district.
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PART V - SPECIAL YARDS
31.0
Applicability
31.1
Flood Risk Areas
1)
Notwithstanding any other provision of this by-law, the Designated Officer
may:
a)
Refuse to issue a development permit where the proposed building
or structure, as determined by Council, is located within the
floodway of a waterbody, stream, drain, watercourse, or is low-lying,
marshy, or subject to periodic flooding and where Council has
determined that placement of said structure would impede the flow
of water or floodwaters and/or create a hazard to life, limb or
property; or
b)
Where Council has determined that the specific hazard has not
been defined or where the proposed building or structure is to be
located within the floodway fringe of a river, stream, drain or
watercourse, or is otherwise subject to periodic flooding or runoff,
permit such lands to be developed provided that:
i.
permanent structures shall be setback from all water
courses a distance of a least 10 times the height of the bank
above normal summer water level or 200 ft [61 m],
whichever is greater [see Map 31.1];
ii.
permanent structures shall be protected from flooding by
raising the building site and access to the flood protection
level, which is 2 ft [0.6 m] above the flood level. The level of
the surrounding fill at the building line shall not be less than
the flood protection level and shall not slope more than 0.5 ft
[0.15 m] for a horizontal distance of 15 ft [4.6 m] from the
building line and not more than1 ft [0.3 m] vertically to 4 ft
[1.22 m] horizontally thereafter;
iii.
the elevation of the main floor shall be a minimum of 1 ft [0.3
m] above the flood protection level;
iv.
basements, if constructed, shall:
- have the elevation of the basement floor not lower than the
flood protection level by: 2 ft [0.6 m] if the fill material is
pervious such as sand; or 5.5 ft [1.68 m] if the fill material is
impervious such as clay
- not contain habitable space
- not be used for storage of immovable materials or
hazardous materials that are buoyant, flammable, explosive,
or toxic
- not contain any electrical circuit breaker panels.
- be provided with a sump pit
- have back-up valves in the sewer pipes or pipes leading to
a holding tank or disposal field.
2)
Notwithstanding any other provision of this by-law, the Designated Officer
may:
a)
Refuse a Development Permit where Council has determined that
the proposed building or structure is to be located on lands subject
to erosion, bank instability, sloughing or is to be located on low-lying
wetlands having insufficient bearing strength to accommodate said
building or structure; or
b)
Require that the proposed building or structure be constructed and
located in such a manner as to negate the effects of the hazard.
3)
The Designated Officer may require that the applicant provide, at his/her
own expense, such flood levels, elevations, or other geotechnical data as
may be required for its determination with respect to subsections 1) and 2)
above.
4)
Council may, prior to the issuance of a development permit, consult with
Provincial Government officials.
31.2
Solid Waste Disposal Facilities
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No dwelling unit shall be located within 1320 ft [400 m] of the boundary of any
active solid waste disposal ground, including recycling and compost processing
facilities that involved outdoor operations [see Map 31.2], unless:
1)
Certified by a Professional Engineer of Manitoba that there will be no
migration of methane gas.
2)
Approved by Manitoba Conservation.
31.3
Wastewater Treatment Areas
No dwelling unit shall be located within 1320 ft [400 m] of the boundary of a
wastewater treatment area or facility [see Map 31.3].
31.4
Railway Lines & Facilities
No dwelling unit shall be located any closer to the boundary of a railway line or
facility [see Map 31.4] than the following:
1)
1000 ft [305 m] to freight rail yards.
2)
100 ft [30 m] to principal and secondary main lines.
3)
50 ft [15 m] to principal branch, secondary branch, and spur lines.
31.5
High Pressure Natural Gas & Hydro Transmission Utilities
No dwelling unit shall be located within 50 ft [15 m] from a right-of-way established
for the transmission of high-pressure natural gas or for the transmission of hydro
electricity in excess of 100 kilovolts [see Map 31.5]. In addition, for any
development located within 200 metres from the centre line of such utilities,
consultation with the applicable utility must be initiated prior to submitting an
application for a Development Permit.
31.6
Provincial Highways
Where the setbacks to buildings and structures specified in this by-law differ from
those established under The Highways Protection Act, The Highways and
Transportation Act, or a Highway Traffic Board permit, the more restrictive
standard governs [see Map 31.6 for provincial highway locations].
31.7
Airport Vicinity Area
1)
No buildings or structures shall be erected within 200 ft [60 m] of a strip
parallel to and on either side of the centerline of a runway; and 800 ft [240
m] from either end of a runway.
2)
In the vicinity of an airport or airstrip:
a)
No building or structure along the edge of a runway shall exceed a
height of 1 ft [0.3 m] vertical for every 5 ft [1.5 m] measured
horizontally from the edge of the runway, as illustrated [Figure
31.7]; and
b)
No building or structure located in the takeoff or approach paths to
a runway shall exceed a height of 1 ft [0.31 m] vertical for every 25
ft [7.6 m] measured horizontally from the ends of the runway strip
and diverging 10% from the extension of the edges of the runway,
as illustrated below.
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31.8
Commercial or Industrial Developments Adjacent to Residential Districts
1)
Where a Commercial Highway, Industrial General, or Industrial Business
district property line abuts any Residential district, the property located in
the Commercial Highway, Industrial General, or Industrial Business district
shall provide a minimum 50 ft [15 m] yard between the commercial/
industrial building and the shared property line.
2)
Where a Commercial Highway, Industrial General, or Industrial Business
district property's side yard abuts any Residential district property's side
yard, the required front yard of the Residential district property shall extend
25 ft [12 m] into the Commercial Highway, Industrial General, or Industrial
Business.
3)
The landscaped area within the special yards referred to in 1) shall comply
with the following:
a)
For Commercial Highway and Industrial Business districts, a
minimum 25 ft [7.6 m] landscaped area is required in accordance
with section 23.3 and no parking, loading, materials storage, waste
materials storage, display area, or business-related service shall be
located within this landscaped area;
b)
For the Industrial General district, a minimum 40 ft [12 m]
landscaped area is required in accordance with section 23.3 and no
parking, loading, materials storage, waste materials storage, display
area, or business-related service shall be located within this
landscaped area.
31.9
Livestock Production Operations
No dwelling unit or designated area for use as an urban centre, park area, or
recreational area shall be located within the Minimum Separation Distance from an
existing livestock production operation, as specified in section 30.14.
31.10 Aggregate Extraction Operations
1)
No use in the Residential, Commercial & Institutional, Public & Institutional,
or Cultural & Entertainment use categories shall be located within 500 ft
[150 m] of any existing Aggregate extraction operation or any lands
designated as having "High or Medium Aggregate Resource Potential" in
accordance with the MSTW Planning District Development Plan.
2)
Any use not excluded under section (1) that is otherwise permitted or
conditional within the relevant district and located within 500 ft [150 m] of
any existing Aggregate extraction operation or any lands designated as
having "High or Medium Aggregate Resource Potential", shall be
considered a conditional use in order to determine its compatibility with the
resource.
31.11 Lake Minnewasta Area
No development shall be located between the Development Setback Line and
Lake Minnewasta [See Map 31.11], including but not limited to additional loading or
removal of fill near the top of slope, unless:
1)
A detailed stability evaluation is completed by a geotechnical engineer and
submitted by the property owner along with all other information required
under section 9.3, to the satisfaction of the Designated Officer. The stability
evaluation must be sufficiently detailed to ensure that the proposed
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development and any related slope stability works [e.g. riprap, caissons] do
not have an adverse effect on adjacent properties or on the shoreline.
2)
Approved by Manitoba Conservation.
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PART VI - ZONING DISTRICT OVERLAYS
32.0
Applicability
In addition to the regulations set forth in Parts II, III, IV, and V, properties located within
the areas identified in the sections that follow are subject to requirements intended to
consider and address more particular geographic contexts as set out in an area-specific
plan. Zoning district overlays alter but do not replace the underlying zoning district or
districts. Also, each overlay is unique to the particular geographic context and is not
expected to be used at other locations.
1)
To be eligible, the zoning district overlay must include:
a)
a map showing the area subject to the overlay that clearly identifies the
overlay and the location and boundaries of the underlying zoning districts;
b)
the name, location, and boundaries of the applicable area-specific plan if
different from the overlay area; and
c)
the regulations altered by the overlay.
2)
The zoning district overlay may substitute unique regulations for those specified in
the underlying district. Where this results in conflicting regulations, the zoning
district overlay regulations shall govern.
3)
The zoning district overlay may alter the underlying district regulations, application
submission requirements, and review and approval procedures as follows:
a)
Permitted and conditional uses;
b)
Intensity of development;
c)
Dimensional requirements;
d)
Parking and loading allocations and dimensions;
e)
Sign allocations and dimensions; and
f)
Development bonusing;
g)
Building and site design guidelines.
32.1
Pembina Connection
1)
Purpose
The Pembina Connection Zoning District Overlay is intended to enable the
development of an integrated, large-scale commercial centre. In addition,
through the introduction of development guidelines and review procedures,
this overlay seeks to ensure that as individual sites are initially developed
and as they may subsequently be redeveloped the sites will continue to
contribute to the cohesive standard of development applicable to the
overall overlay area.
2)
Applicability
The Pembina Connection Zoning District Overlay applies to all portions of
the area shown on "Map 32.1 - Pembina Connection Zoning District
Overlay".
3)
Overlay Regulations
a)
Land Use
Notwithstanding the regulations provided in Parts II, III, and IV the
following principal uses shall be permitted or conditional in the
overlay area:
-
Auction establishment
C
-
School, secondary
C
-
Hospital
C
-
Institutional residence
C
-
Research institution
C
-
Transport terminal/freight yard
C
-
Utility & works yard
C
-
Manufacture/assembly/repair/
Packaging of products from
Prepared products
C
-
Automotive & equipment
repair service
C
-
Fuel sales
C
-
Funeral services
C
-
Car wash
C
-
Truck stop
C
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Notwithstanding the regulations provided in Parts II and III, the
following principal uses shall be not permitted in the overlay area:
-
School, elementary & middle NP
-
Campsite
NP
-
Recreation facility, outdoor NP
-
Amusement establishment,
outdoor
NP
-
Religious institution
NP
-
Entertainment establishment,
outdoor
NP
-
Commercial kitchen/catering
service
NP
-
Contractor establishment
NP
-
Heavy equipment,
sales & service
NP
-
Mini storage
NP
-
Agri-business
NP
-
Kennel/shelter
NP
b)
Dimensions & Design
Notwithstanding the regulations provided in Parts II and III, the
following dimensions and design requirements shall apply in the
overlay area:
i.
Built Form
-
Minimum lot area -
5000 sq ft [465 sq m]
-
Minimum lot width -
50 ft [15.24 m]
-
Minimum front yard -
20 ft [6 m]
-
Minimum rear yard -
25 ft [7.62 m]
-
Minimum interior side yard - 10 ft [3 m]
-
Minimum reverse corner
side yard -
15 ft [4.5 m]
-
Maximum building height - 45 ft [13.5 m]
-
Maximum building height,
Multiple family building -
60 ft [18 m]
-
Maximum lot coverage -
60%
ii. Exterior Lighting, Landscaping, & Screening
Site lighting and landscaping elements are expected to make
key contributions towards a consistent and memorable
commercial development. As such, these elements shall be
considered an integral component of each development and are
not merely decorative or cover for leftover site portions.
Lighting:
-
To ensure a unified exterior lighting design, parking lot lights
are to be Lithonia Lighting Contour Series KAD 70-400W
Metal Halide 400 Watt or suitable substitute as determined
by the Designated Officer; luminaire and pole to be Dark
Bronze; lights to be located at minimum 120 ft [36.5 m] on
centre; poles to be installed within curbed areas isolated
from traffic movements
-
Building lighting: lighting must be provided that emphasizes
building entrances.
Landscaping:
-
For street edge landscaping: minimum 1 deciduous tree
[minimum 2.5 in / 6.35 cm dbh] or coniferous tree [minimum
6 ft / 1.8 m height] for every 30 ft [9 m] of street frontage;
plus minimum 3 shrubs [minimum 2 gallon [9 litre] container]
for every 20 ft / 6 m of street frontage
-
For parking lot interior landscaping: minimum 5% of parking
area must be landscaped; minimum 1 shrub for every 100 sq
ft [9 sq m] of interior landscaping area; minimum 5 ft [1.5 m]
landscape island width
-
For building foundation landscaping: minimum 1 shrub for
every 10 ft [3 m] of building wall facing a public right-of-way
or containing a building entrance
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iii. Parking, Loading, & Waste Materials Storage Areas
-
Large paved parking areas must be visually interrupted
along their edges by introducing clusters of the landscaping
specified in "street edge landscaping" and/or vertical
structures every 120 ft [36 m]
-
Loading and waste materials storage areas must be located
out of view from adjacent public right-of-way, or shielded
from view with significant landscaping, fence, wall, or
combination to the satisfaction of the Designated Officer
c)
Signs
-
Overall Pembina Connection multi-tenant signs are to be
prominent and, as such, are to be a height of 40 ft [12 m]
-
Individual free-standing site signs are to be subordinate to the
overall Pembina Connection multi-tenant signs and, as such,
are restricted to a maximum height of 30 ft [9 m].
4)
Overlay Guidelines & Review Procedures
a)
With the exception of temporary buildings and structures, all
development, redevelopment, expansion, and exterior alteration
visible from public rights-of-way is subject to design review.
b)
Design review is intended to ensure each development,
redevelopment, expansion, and exterior alteration within the overlay
area is consistent with the "Pembina Connection Development
Guidelines" [as adopted by Council on July 16th 2012 and as
amended from time to time]. This document seeks to assist
property owners, design professionals, the Designated Officer, and
other parties involved in preparing, reviewing, and approving
development proposals. Distinct from regulations, the guidelines
provide a benchmark for development to achieve rather than
specify a rigid means to achieve the benchmark.
c)
In addition to the information required under section 9.3, the
Designated Officer may require that additional information be
submitted in order to assist with the design review process. Design
review approval must be granted by the Designated Officer prior to
issuance of a development permit or building permit and before
construction commences.
d)
Generally, the development guidelines focus on the following:
i.
Building Orientation & Configuration;
ii. Pedestrian System;
iii. Customer & Service Vehicle System;
iv. Landscape;
v. Lights;
vi. Building Design; and
vii. Signs.
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PART VII - DEFINITIONS
33.0
General Definitions
Abut - means immediately contiguous to or physically touching, and when used with respect to a
site, means that the site physically touches upon another site or piece of land, and shares a lot
line or boundary line with it.
Accessibility - means the ability of persons with disabilities to enter and use facilities without
having to encounter and navigate obstacles that are not inherent in the design of the facility,
consistent with The Accessibility for Manitobans Act and associated standards.
Accessory - means, when used to describe a use, building or structure, said use, building or
structure is naturally or normally incidental, subordinate, and exclusively devoted to the principal
use or building, and located on the same lot or site.
Act - means The Planning Act of Manitoba.
Adult entertainment facility - means an establishment where the principal business activity
relates to adult entertainment, including striptease and pornographic video and magazine or book
sales.
Bare land condominium - means a condominium plan upon which one or more units are
defined by delineation of horizontal boundaries of the unit without reference to any buildings.
Basement - means the portion of a building or structure which is wholly or partially below grade,
having above grade no more than 6 ft [1.8 m] of its clean height which lies below the finished
level of the floor directly above or being a minimum depth of 4 ft [1.2 m].
Bedroom - means a habitable room located within a dwelling unit that is used primarily for
sleeping.
Bulk fuel storage tank - means a tank used for the bulk storage of petroleum products or other
flammable liquids legally stored within a structure or establishment that is incidental to the primary
use of the site.
Canvas building - means a portable shelter consisting of, but not limited to, woven, non-woven,
or petro-chemical based pliable materials such as canvas, nylon, mylar, visqueen, or similar
materials stretched over a rigid supporting framework of poles, ropes, or pegs.
Conditional use - means a use of a building or land as a conditional use in this by-law that may
be approved in accordance with The Planning Act. Conditional uses are uses that have unique or
widely varying operating characteristics, may have potential operational or other impacts on
adjacent properties, or may have unusual site development demands.
Conditional use order - means an order in respect of an application for a conditional use.
Density - means an expression of the total number of dwelling units in relation to the total land
area to be developed, expressed as a ratio of dwelling units per land area [i.e. acres, hectares,
square feet, square metres].
Designated Officer - means the person appointed by the Morden City Council to carry out duties
and responsibilities assigned to that person by City Council.
Development Permit - means a permit authorizing development that is subject to a zoning by-
law, issued by the City of Morden.
Development setback line - means the minimum setback of permanent structures from Lake
Minnewasta, as recommended by the Lake Minnewasta Carrying Capacity Study and as captured
in Part 10 of the MSTW Planning District Development Plan [including Map 24].
Display, outdoor - means an outside display of goods and/or materials for sale, accessory to a
retails sales use. Goods and materials may be directly available to the consumer for purchase.
Drive-in/drive-through - means a use designed and operated to allow patrons, while outside on
the premises in motor vehicles, to order, request, exchange, or receive goods or services.
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Dwelling - means a building or portion of a building designed or used for residential occupancy.
It does not include establishments for commercial accommodations, such as Hotel, Motel, or
Hostel.
Family - means one or more persons voluntarily associated, plus any dependents, living together
as an independent, self-governing single housekeeping unit.
Flood-proofed - means measures taken to ensure that a structure or building is safe from the
effects of flooding and includes prohibiting openings of any kind such as windows, doors and
vents, or electrical equipment below the flood datum.
Flood protection level - means, in reference to a building site's elevation, a point that is 2 feet
[0.6 metres] above the flood level as determined by the Government of Manitoba.
Flood risk area - means land adjacent to a watercourse that is divided into two parts, namely:
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 that may be
subjected to periodic flooding or inundation of floodwaters.
Frontage - means all that portion of a site fronting on a street and measured between side lot
lines.
Grade - means the average of the finished ground surface at the midpoint of each wall of a
building. In the case where the wall is parallel to and within 5 ft [1.5 m] of a public sidewalk, the
ground surface shall be measured at the sidewalk.
Height - means, when used in reference to a building or structure, the vertical distance between
the horizontal plane through grade and a horizontal plane through:
a)
the highest point of the roof in the case of a building with a flat roof or a roof having a
slope of less than 20 degrees; and
b)
the average level between eaves and ridges in the case of a pitched, gambrel, mansard,
or hipped roof, or a roof having a slope of 20 degrees or more, provided that in such
cases the ridge line of the roof shall not extend more than 5 ft [1.5 m] above the building
height.
Landscaping - means any combination of trees, shrubs, flowers, grass, or other horticultural
elements, decorative stonework, paving, screening, or other architectural elements, all of which
are designed to enhance the visual amenity of a site or to provide a screen between sites in order
to mitigate objectionable features between them.
Loading
Aisle - means that portion of a loading facility or area that provides vehicular access to a
loading space, not directly from a driveway or street. May be shared with a parking aisle.
Driveway - means that portion of a loading facility or area that provides vehicular access
to a loading aisle or space. May be shared with a parking driveway.
Space - means that portion of a loading facility or area, excluding vehicle manoeuvring
areas such as aisles and driveways, that will accommodate one motor vehicle.
Lot
Area - is measured as the amount of gross land area contained within the property lines
of the lot or parcel.
Corner - is a lot that abuts the intersection of two or more public streets or that abuts the
approximately perpendicular intersection of two or more frontages of the same public
street.
Coverage - is measured as the percentage of the total lot area covered by buildings.
Depth - is the depth of the lot from the street, measured as the horizontal distance
between the centre points in the front and rear lot lines, generally equal to the horizontal
length of the lot depth line.
Front line - is, in the case of an interior lot, the lot limit that abuts the public street; is, in
the case of a through lot, the lot limits that abut public streets; or is, in the case of a corner
lot, the frontage that is the continuation of the front lot line of an abutting interior lot or, if
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none, those frontages that, as front lot lines, accord with the intent and purposes of yard
requirements.
Interior - is a lot with frontage on only one public street.
Rear line - is the lot limit that is most nearly parallel to the front lot line; or any lot limit that
is in whole or in part the rear lot line of an abutting lot and as a rear lot line accords with
the intent and purpose of yard requirements; or, in the case of a lot where the side lot
lines intersect, the rear lot line is deemed to be a line 10 ft [3 m] in length, located within
the lot, parallel to and at the maximum distance from the front lot line.
Reverse corner - is a corner lot, the rear lot line of which abuts the side lot line of
another lot.
Side line - means any lot limit that intersects with a front lot line and is not a rear lot line
in accordance with the intent and purposes of yard requirements.
Through - is a lot that abuts two or more public streets but does not abut the intersection
of those streets.
Width - is the lesser of the horizontal distance between the side lot lines of a lot,
measured at right angles to the lot depth line at a point midway between the front and rear
lot lines, or at 40 ft [12 m] from the front lot line, whichever is the lesser.
Metal shipping container - means a prefabricated metal structure designed for use as an
individual shipping container in accordance with international standards.
Mobile home - means a portable dwelling unit that is capable of being transported on its own
chassis and running gear by towing or other means, is placed on the chassis or body of a motor
vehicle, or forms part of a motor vehicle and is designated to be used as living quarters and that
conforms with The Buildings & Mobile Homes Act with respect to CSA Standard No. Z240 or to
such standards as may be subsequently defined by CSA. Does not include site-built, modular, or
ready-to-move dwellings and CSA Standard No. A277.
Mobile home park - means land under one ownership upon which mobile home spaces are
provided for rent or purchase.
Mobile home site - means a site in a mobile home park that may be rented or purchased for the
placement of a mobile home.
Parking
Aisle - means that portion of a parking facility or area that provides vehicular access to a
parking space, not directly from a driveway or street.
Driveway - means that portion of a parking facility or area that provides vehicular access
to a parking aisle or space.
Space - means that portion of a parking facility or area, excluding vehicle manoeuvring
areas such as aisles and driveways, that will accommodate one motor vehicle.
Accessible space - means that portion of a parking facility or area, excluding vehicle
manoeuvring areas such as aisles and driveways, that will accommodate one motor
vehicle and that has been designed and dimensioned in order to accommodate persons
with disabilities, consistent with The Accessibility for Manitobans Act and associated
standards.
Party wall - means a wall forming part of a building and used for separation of adjoining
buildings occupied, constructed, or adapted to be occupied by different persons or businesses.
Permitted use - means a use permitted in a zoning district that may be established without the
requirement for City Council or Designated Officer approval.
Pick-up & delivery operation - means a Restaurant service that consists of food preparation,
with consumption primarily offsite. May include counter or table service for onsite consumption
consisting of no more than 8 seats.
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Principal building - means any building on a lot or lands that contains approved principal uses,
as opposed to buildings that contain only accessory or incidental uses and buildings that contain
only storage or support functions associated with principal use operations.
Principal use - means the primary or predominant use of any lot, lands, building, or structure.
Prohibited use - means a use of land deemed incompatible with the Urban Areas designated in
the MSTW Planning District Development Plan, and that are not permitted and may not be
established by conditional use or use variance.
Sign
Accessory - means any writing [including letter, word, or numeral], pictorial
representation [including illustration or decoration], emblem [including device, symbol,
logo, or trademark], flag [including banner or pennant but not the flag of any nation or
government], and anything designed or intended to, or having the effect of, announcing,
identifying, directing attention to, or advertising any building or use located on the same lot
or lands.
Copy - means letters, graphics, or characters that comprise the sign message.
Portable - means a sign that is mounted on a trailer, vehicle, stand, or similar support
structure which is designed in such a manner that the sign can be readily relocated to
another site and which may include copy that can be changed through the use of
removable characters or panels.
Sandwich board - means a sign that is not permanently attached or affixed to the ground
or to a building or structure and that includes a top hinge, to allow for an A-frame
configuration, with sign faces on either side of the hinged joint.
Surface area - means the area of a sign covered by a single rectangle drawn around the
extremities of the message contained on the sign and, in the case of a multi-face sign,
comprises half of the total of all sign faces.
Sign form
Attached - means a sign that is attached to the exterior of a building. May include fascia,
awning, banner, marquee, blade, volumetric, canopy, or other attached forms.
Free-standing - means a sign that is supported by a permanent, independent structure
and is not attached to a building. Includes pylon, pedestal, monument, and other free-
standing forms.
Sign type
Building identification - means a sign that identifies a building by name, logo, or street
address.
Directional - means a sign that indicates vehicular access to or egress from a parking or
loading area.
Event - means a sign that indicates the time, date, and type of event or events scheduled
for a venue located on the same lot or lands.
Use identification - means a sign that identifies a business, service, institution, owner, or
resident by name, logo, street address, or combination and which may direct attention to a
business, service, or commodity conducted, offered, or sold on the same lot or lands.
Sleeping unit - means a habitable room, or a group of two or more habitable rooms, not
equipped with self-contained cooking facilities, providing accommodation for not more than two
persons.
Stacking space - means an on-site queuing area for a passenger vehicle that is separated from
other vehicular traffic and pedestrian circulation by barriers, markings or signs.
Storage, outdoor - means the storage of merchandise, goods, inventory, materials or equipment
or other items that are not intended for immediate sale and do not constitute outdoor display, by
locating them outside.
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Storey - means that portion of a building situated between the surface of any floor and the
surface of the floor next above it and, if there is no floor above it, that portion between the surface
of such floor and the ceiling above it, but does not include a basement.
Street - means a public thoroughfare or highway, but does not include a public lane.
Swimming pool - means a swimming pool or other water recreational facility located on the
property of a single family, two family, or farmstead dwelling and that is used solely by the
occupants of the dwelling and their guests. Does not include public swimming pools or semi-
public swimming pools as defined by the Manitoba Swimming Pools and Other Water Facilities
Regulation.
Townhouse - means a building containing 3 or more dwelling units wherein each dwelling has its
own independent entrance from the outside, wherein no unit is located above another unit, and
wherein each unit is separated from the others by common vertical walls.
Variance - means the modification of a regulation in this by-law that is approved in accordance
with The Planning Act.
Variance order - means an order in respect of an application for a variance.
Yard
Front - means an open area on a lot that is clear from ground to sky, except as otherwise
exempted, extending along the full length of the front lot line, the depth of which is
measured perpendicularly and radially to the front lot line.
Rear - means an open area on a lot that is clear from ground to sky, except as otherwise
exempted, extending along the full length of the rear lot line, the depth of which is
measured perpendicularly and radially to the rear lot line.
Reverse corner side - means an open area on a lot that is clear from ground to sky,
except as otherwise exempted, extending along the full length of the reverse corner side
lot line, the depth of which is measured perpendicularly to the reverse corner side lot line.
Side - means an open area on a lot that is clear from ground to sky, except as otherwise
exempted, extending along the full length of the side lot line, the depth of which is
measured perpendicularly to the side lot line.
Zoning district - means an area for which this by-law has established uniform regulations and
requirements governing the use, dimensions, and operational characteristics of buildings and
premises located within the zoning district, as depicted on the zoning map or maps.
34.0
Use Definitions
Residential & Residential-related Use Category
Group home - means a building in which residents reside who require professional or
non-professional care, guidance, and supervision. This use may include staff not
requiring care at the home and generally has only one kitchen and dining area for the
common use of residents. The home is licensed under applicable provincial legislation
and regulation.
Mobile home - means a mobile home containing only one dwelling. Does not include
camper, motor home, or similar recreational vehicle intended for temporary occupancy.
Multiple family - means a building containing three or more dwellings, with dwellings
arranged in a vertical or horizontal manner, either served by separate entrances or
common corridors and entrance.
Rooming house - means a building, other than a Hotel, Motel, or Hostel, that provides
living units with separate sleeping areas and some combination of shared bath or toilet
facilities. The building may or may not have separate or shared cooking facilities for
residents.
Single family - means a building containing only one dwelling, that is separate from any
other dwelling or building. Does not include Mobile home.
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Two family - means a building containing two dwellings, with dwellings horizontally
divided along party wall or vertically divided at ceiling of main floor dwelling.
Commercial Use Category
Auction establishment - means a use that is specifically intended for the auctioning of
goods and equipment, including the temporary storage of such goods and equipment.
Automotive sales & rental - means a use involving the storage, display, sale, or lease of
new or used vehicles such as automobiles, trucks, motorcycles, and similar vehicles.
Includes accessory repair/service of such vehicles.
Business support services - means a use providing support to businesses
characterized by printing, duplicating, binding, photographic processing, blueprinting,
sale/rental and repair of business equipment, or combination.
Drinks establishment - means a use primarily involved in the sale of beverages,
licensed by the Government of Manitoba under The Liquor and Lotteries Act, for
consumption on the premises.
Funeral services - means a use that includes storage of deceased human bodies prior to
burial or cremation or a building used for the preparation of the deceased for burial and
ceremonies connected with the burial or cremation.
Greenhouse & nursery sales - means a use primarily involved in the raising, storage,
and sale of produce and related materials, that includes but is not limited to bulbs, seeds,
tools, soil and planting media, fertilizers, plants, and seedlings to the general public.
Hotel/motel/hostel - means a building or portion of a building providing temporary
accommodation in individual guest rooms or communal guest suites, with or without
provision for cooking in any individual guest room or communal suite.
Mail/courier depot - means a use involving the loading, sorting, and unloading of letters
and packages for distribution to offsite locations. Includes incidental Retail sales of
related products and related Business support and Personal services.
Micro brewery/distillery/winery - means a use involving the blending, brewing, distilling,
bottling, sampling, and other related operations are conducted within a building up to a
maximum of 5000 sq ft [465 sq m] of floor area devoted to production of beer, liquor, and
wine. Includes incidental retail sales for consumption on or off site, with area devoted to
onsite consumption limited to the lesser of a maximum of 1000 sq ft [93 sq m] or 20% of
the overall floor area. Does not include Brewery/distillery/winery or Micro
brewery/distillery/winery accessory to a Restaurant or Drinks establishment.
Neighbourhood retail - means a use that involves the sale of rental of new or used
products directly to the general public, within a building up to a maximum of 3000 sq ft
[280 sq m] of floor area. Also includes incidental Personal Services within this floor area,
but does not include Auction establishment, Pawnshop, or Warehouse sales.
Office - means a use that typically involves back-of-counter administrative and
management operations associated with a personal service, business support service,
retail sales, or other principal use. Does not include direct services or sales to the general
public.
Pawnshop - means a use where money is loaned on security of personal property left in
pawn and pledged as collateral for the loan and where such property may be redeemed
by the seller in a fixed period of time or sold to the general public.
Personal services - means a use that involves providing services directly to the general
public. Also includes incidental Retail sales.
Restaurant - means a use primarily involved in the preparation and sale of food to be
sold to the general public for consumption on or off the premises.
Retail sales - means a use that involves the sale or rental of new or used products
directly to the general public. Also includes incidental Personal services, but does not
include Auction establishment, Pawnshop, or Warehouse sales.
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Studio, dance/photography/music/design - means a use intended for those engaged
in the application, teaching, or performance of fine arts such as drawing and painting,
vocal and instrumental music, sculpture, writing, and dancing.
Trailer, RV, mobile home sales & rental - means a use involving the storage, display,
sale, or lease of new or used trailers, recreational vehicles, and mobile homes. Includes
accessory repair/service of such vehicles.
Warehouse sales - means a use involving the wholesale or retail sale of a limited range
of bulky goods where the size and nature of the goods being sold typically requires large
floor areas for direct display to the purchaser or consumer, including furniture, flooring,
major appliances, and building materials.
Cultural & Entertainment Use Category
Amusement establishment, indoor - means a use involving the playing of table or video
games for customer entertainment in an indoor setting.
Amusement establishment, outdoor - means a use involving amusement parks,
midways, go-cart tracks, miniature golf, car racing, sled racing, or similar activities for
customer entertainment in an outdoor setting.
Casino - means a use involving facilities for patrons to participate in gaming
opportunities. Includes gaming tables, slot machines, video gaming, or bingo and keno
games.
Entertainment establishment, indoor - means a use involving the showing of motion
pictures or dramatic, dance, musical, or other live performances in an indoor setting.
Primarily spectator-oriented. Includes cinema, theatre, concert hall, or auditorium.
Entertainment establishment, outdoor - means a use involving the showing of motion
pictures or dramatic, dance, musical, or other live performances in an outdoor setting.
Primarily spectator-oriented. Includes drive-in cinema, outdoor stage venue,
amphitheatre, or pavilion.
Library, museum, gallery, cultural exhibit - means a use involving collections of
literary, artistic, musical, and similar reference materials available to the public through a
variety of media. Also includes a use involving collection, preservation, and exhibition of
works or objects of historical, cultural, artistic, or scientific value.
Private members club - means a use by a not for profit organization incorporated by the
Government of Canada or the Government of Manitoba. Includes facilities for meetings,
social events, and recreational activities of philanthropic, social service, athletic, business
or fraternal organizations. Does not include onsite residences.
Religious institution - means a place of worship and related activities, typically involving
public assembly and meeting.
Public & Institutional Use Category
Animal hospital - means a use that involves the care and treatment of domestic animals
that includes in-patient services, with hospitalization for 5 or more days. Does not include
Kennel/shelter.
Campsite - means a use of land that involves seasonal short-term accommodations and
on which tents, campers, motor homes, and similar recreational vehicles may be placed
for occupancy. Does not include year-round placement or occupancy.
Cemetery - means a use primarily involving the entombment of the deceased and may
include accessory uses such as crematoria, cineraria, columbaria, and mausoleums.
Childcare centre - means a use involving care, educational activities, and supervision of
children in the daytime and evening, licensed by the Government of Manitoba under The
Community Child Care Standards Act. Does not include overnight accommodations.
College/university/trade school - means an educational facility providing instruction for
students in an accredited university, college, or trade school program. Includes accessory
student residences.
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Hospital - means a use that involves outpatient and inpatient medical treatment and may
include overnight stays. Treatment includes diagnostic, laboratory, surgical, counselling,
and rehabilitation of patients.
Institutional residence - means a building containing living accommodations for one or
more residents who meet the provincial definition for "elderly person" or "infirm person"
under The Elderly and Infirm Persons' Housing Act. This use may include staff not
requiring care at the residence and generally has only one kitchen and dining area for the
common use of residents. The residence is licensed under applicable provincial
legislation and regulation.
Kennel/shelter facility - means a use that involves the care and breeding of domestic
animals that does not include hospitalization. Includes incidental grooming service and
sale of products accessory to the kennel/shelter use. Does not include Veterinary or
Animal hospital.
Park - means a use of land specifically designed or reserved for the general public for
active or passive recreational use and includes natural and human-designed landscaping,
facilities, playing fields, buildings, and other structures that are consistent with the general
purposes of public parkland, whether or not such recreational facilities are publicly
operated, operated by other organizations pursuant to arrangements with the public
authority owning the park, or are publicly operated but on leased privately-owned
property.
Protection & emergency services - means a use 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 includes police station, fire hall, and related training
facilities.
Recreation facility, indoor - means a use involving recreational, social, or multi-purpose
activities where patrons are primarily participants and any spectators are incidental and
attend on a non-recurring basis, occurring in an indoor setting. Includes recreation and
leisure centres, hockey and skating rinks, curling rinks, swimming pools, bowling alleys,
racquet clubs, rifle and pistol ranges, community halls, and community centres.
Recreation facility, outdoor - means a use involving recreational, social, or multi-
purpose activities where patrons are primarily participants and any spectators are
incidental and attend on a non-recurring basis, occurring in an outdoor setting. Includes
playing fields, hockey and skating rinks, curling rinks, swimming pools, tennis courts, golf
courses, running tracks, and velodromes.
Research institution - means a use involving scientific research, product design,
development, and testing, and limited manufacturing necessary for the production of
prototypes.
School, elementary & middle - means an educational facility providing instruction to
students from kindergarten up to--but not including--high school.
School, secondary - means an education facility providing instruction to students at the
high school level.
Veterinary - means a use that involves the care and treatment of domestic animals that
is primarily of an out-patient nature, with hospitalization for 4 or fewer days. Does not
include Animal hospital or Kennel/shelter.
Transportation, Utility, & Communications Use Category
Aircraft landing strip - means a use involving the take-off and landing of aircraft for
personal use.
Airport - means the use of land for the take-off and landing of aircraft and includes
related buildings and structures such as aircraft storage and maintenance hangars,
taxiways, and navigational equipment and facilities.
Footpath - means a sidewalk, trail, walkway, or similar pathway for pedestrian and cyclist
use that is not located within a street right-of-way.
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Road/utility reserve - means land assembled for the purpose of establishing a future
public road, public sidewalk, footpath, or utility right-of-way. Does not include Utility &
works yard.
Sign, non-accessory - means a sign displaying copy that directs attention to a business,
activity, product, or service that are not the principal products sold or the principal
business, activity, or service that is provided onsite. Includes attached and free-standing
sign forms.
Studio, broadcasting/motion picture - means a use that involves production of motion
pictures, videos, television programs, radio programs, or sound recordings. Includes
incidental accessory rehearsal space for dance, music, or other performing arts.
Transport terminal/freight yard - means a use that involves the transfer, temporary
storage, and distribution of cargo where trucks and trains load and unload on a routine
and ongoing basis. Includes temporary truck and railcar storage awaiting cargo order
assembly. Also includes incidental office and warehouse uses.
Utility & works yard - means a use that involves a system, plant, pipeline, transmission
line, and related facilities intended to provide public utility service to the general public.
Includes landfill, sewage treatment, waste compaction and transfer, electrical stations and
substations, and recycling and composting facilities.
Private Motor Vehicle-related Use Category
Automotive & equipment repair service - means a use involving the servicing,
repairing, and restoring of automobiles, motorcycles, snowmobiles, and similar vehicles.
Includes incidental retail sale of related accessories and parts. Includes muffler,
transmission, brake, oil/fluid change, glass, upholstery, and body repair & paint
operations. Does not include sale of automobiles, motorcycles, snowmobiles, and similar
vehicles.
Car wash - means a use that involves the cleaning of motor vehicles operated by onsite
employees of the public, along with incidental motor vehicle products sales.
Fuel sales - means a use that involves the retail sale of gasoline and other petroleum
products, along with incidental motor vehicle products sales.
Parking area, non-accessory - means a use involving motor vehicle parking that is not
primarily intended for residents, employees, or customers of an onsite development.
Includes unenclosed surface, enclosed surface, and enclosed above- and below-grade
parking areas.
Truck stop - means a highway-oriented operation that includes a combination of fuel
sales, vehicle repair services, restaurants, and similar uses primarily intended to serve the
trucking industry and travelling public.
Industrial Use Category
Abattoir - means a use involving the slaughtering and processing of animals.
Aggregate extraction operation - means a use involving the onsite preparation,
extraction, and primary processing of raw materials found on or under the site or
accessible from the site. Includes aggregate extraction, stone quarry, and gravel pit.
Includes accessory equipment and supplies, stockpiling of materials extracted onsite, site
office and warehouse. Does not include processing of raw materials transported to the
site from other locations.
Batching plant - means a use involving the manufacturing of asphalt or concrete from
raw materials.
Brewery/distillery/winery - means a use involving the blending, brewing, distilling,
bottling, sampling, and other related operations are conducted within a building. Does not
include Micro brewery/distillery/winery as a principal use or Micro brewery/distillery/winery
accessory to a Restaurant or Drinks establishment.
Bulk storage facility - means a use involving outdoor storage or tank storage of large
quantities of raw materials or industrial-related goods such as liquids, fuels, gases,
minerals, pipes, fertilizers, and grain.
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Commercial kitchen/catering service - means a use involving the preparation of food
products, primarily for distribution and consumption offsite and that exceeds 5000 sq ft
[465 sq m] of production area. Includes incidental retail sales directly to the public. May
also include Mobile food carts and delivery vehicles onsite.
Commercial laundry/dry-cleaning plant - means a use involving dry-cleaning, laundry,
or linen services and that exceeds 5000 sq ft [465 sq m] of production area. Includes
incidental garment repair and personal services directly to the public.
Contractor establishment - means a use involving the provision of building construction,
landscaping, concrete, heating/air conditioning and ventilation, electrical, plumbing, and
similar construction services that require onsite storage for materials, equipment, and
vehicles associated with contractor services. Includes incidental sales, display, office, or
technical support services accessory to the contractor establishment.
Fleet service/towing & storage facility - means a use involving a fleet of vehicles for
the delivery of people, goods, or services where such vehicles are not available for sale or
long-term lease. May also involve a motor vehicle towing service, with temporary storage
of vehicles. Includes taxi services, ambulance services, bus lines, tow truck and trailering
services.
Grain elevator - means a use involving the receiving, shipping, handling, or storing of
agricultural commodities such as barley, wheat, oats, soybeans, and similar products.
Heavy equipment sales & service - means a use involving the sale, rental, and repair of
heavy vehicles, machinery, or mechanical equipment typically used in building, roadway,
manufacturing, assembly and processing operations, and agricultural production.
Manufacture/assembly/repair/packaging of products from prepared materials -
means a use involving the modifying, blending, or fitting-together of previously processed
or manufactured components into a complete product. Includes assembly and packaging
of products. Does not include operations that produce excessive noise, vibration, or
odour and does not include hazardous, combustible, or explosive materials.
Manufacture from semi-finished or raw materials - means a use involving the
processing, treatment, preparation, packing, transportation, handling, and storage of semi-
finished or raw materials.
Mini storage - means a use involving storage spaces available to the public on a for hire
basis. Includes storage for motor vehicles and storage provided in portable containers
transported to the mini storage site.
Printing/publishing - means a use involving printing, lithographing, blueprinting, or
silkscreen printing; for platemaking or engraving as allied to the printing or publishing
industries; for the publishing and printing of newspapers, magazines, periodicals, books,
almanacs, maps, pamphlets, flyers, or similar matter; or for book-binding and associated
binding and finishing operations.
Storage compound - means a use involving the outdoor storage of goods and materials
that does not include onsite buildings or structures. Includes wrecking yard.
Trucking operation - means a use involving the storing, servicing, repairing, cleaning, or
loading of trucks and transport trailers. Also includes card-lock fuel sales.
Warehouse - means a use involving the storage and distribution of materials, goods, or
products, entirely within an enclosed building.
Agricultural Use Category
Agri-business - means a use that includes the sale and repair of goods to the
agricultural sector. Includes farm equipment and machinery repair, bulk fuel sales, feed
and fertilizer supply sales, livestock auction establishments, and commercial seed
cleaning facilities.
Farming/ranching - means the use of land for agricultural purposes, including farming,
pasturage, apiculture, aquaculture, floriculture, and horticulture. Does not include
Livestock production operations or Wildlife & conservation reserves.
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Farmstead dwelling - means a dwelling that is accessory to a farm operation and is on a
parcel that includes associated agricultural buildings and structures.
Livestock production operation - means a use that involves keeping at least 10 animal
units of livestock and includes all associated manure collection facilities.
Stable/riding academy - means a use accessory to a farming/ranching or farmstead
dwelling use that involves the training or horses and riders and may include riding stables.
Warehouse, agricultural crop protection - means a facility used to store, blend, or
distribute chemicals used for crop protection and production. Products include herbicides,
insecticides, fungicides, rodenticides, and fertilizers. Does not include anhydrous
ammonia facility.
Wildlife & conservation reserve - means lands designated by the Government of
Manitoba for the protection and conservation of wildlife. Includes wildlife management
areas.
Accessory Category
Bed & Breakfast - means a hospitality use of a dwelling in which temporary overnight
and breakfast is provided to guests for remuneration. Does not include
Hotel/motel/hostel.
Child care, home-based - means the use of a portion of a dwelling unit for the provision
of child care services provided by a resident of the dwelling, up to a maximum of 8
children. The operation meets all applicable provincial legislation and regulations.
Farm produce outlet - means a use accessory to a Farming/ranching or Farmstead
dwelling use that involves sale of farm produce sold on a seasonal basis.
Garden suite - means a self-contained accessory dwelling unit separate from but on the
same lot as a Single family dwelling building. A Garden suite has its own separate
cooking, sleeping, and bath/toilet facilities. Does not include Two family dwelling, Multiple
family dwelling, Rooming house, or Group home.
Home occupation, major - means the business use of a portion of a dwelling unit by a
resident of that dwelling or a single non-resident and that is accessory to the dwelling.
The Home occupation operations may be visible or detectable from outside the property,
but the operations do not alter the building's exterior.
Home occupation, minor - means the business use of a portion of a dwelling unit by a
resident of that dwelling and that is accessory to the dwelling. No aspects of the Home
occupation operations are visible or detectable from outside the property.
Micro brewery/distillery/winery - means a Micro brewery/distillery/winery use that is
accessory to a Restaurant or Drinks establishment. Includes incidental retail sales for
consumption on or off site, with area devoted to onsite consumption limited to 50% of the
overall floor area. Does not include Micro brewery/distillery/winery or Brewery/distillery/
winery as a principal use.
Mobile food cart - means a use involving the sale of prepared foods from a cart that is
designed to be transported to a site from a Commercial kitchen/catering service operation
on a daily basis, subject to meeting all applicable provincial legislation and regulations.
Secondary suite - means a self-contained accessory dwelling unit within a Single family
dwelling building. A Secondary suite has its own separate cooking, sleeping, and
bath/toilet facilities and has direct access to the outside without passing through any part
of the Single family dwelling unit. Does not include Two family dwelling, Multiple family
dwelling, Rooming house, or Group home.
Specialized agriculture - means small-scale agricultural pursuits incidental to a Rural
residential use involving high value, lower volume, intensively managed practices where
agricultural produce is grown and may include greenhouse production, honey production
and processing, horticultural production including vegetables, fruit or mushrooms, and
production of trees or shrubs. Includes direct sale of produce to the consumer by means
of roadside stands, farm stores, u-pick operations, and farmers' markets and direct sale to
restaurants or retailers.
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Swimming pool - means the use of a swimming pool accessory to a Single family, Two
family, or Farmstead dwelling. Does not include public or semi-public swimming pools as
provided for under The Public Health Act and defined in the Swimming Pools and Other
Water Recreational Facilities Regulation.
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PART VIII - ZONING MAP