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BY-LAW NO. 2025-01
TOWN OF MORRIS
ZONING BY-LAW
Town of Morris
Zoning By-law No. 2025-01
A by-law of the Town of Morris to regulate the use and development of land within the Town of Morris.
WHEREAS, Section 68 of The Planning Act provides that the council of a municipality must enact a zoning
by-law, which is generally consistent with a development plan and any secondary plan by-law in effect in
the municipality;
AND WHEREAS, pursuant to the provisions of Part 4 of The Planning Act, the Council of the Town of Morris
has adopted a Development Plan;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Morris in meeting duly assembled,
enacts as follows:
1. The Zoning By-law No. 2025-01 attached in Schedules A and B, is hereby adopted.
2. The By-law shall be known as the TOWN OF MORRIS ZONING BY-LAW.
3. By-law No. 2012-05 of the Town of Morris as amended, is repealed.
4. This By-law shall come into force on
.
DONE AND PASSED by the Council of the Town of Morris duly assembled at the
in the Province of Manitoba, this
day of
,
.
MAYOR
Chief Administrative Officer
READ A FIRST TIME this twenty-seventh (27th) day of February, 2025.
READ A SECOND TIME this day of
,
.
READ A THIRD TIME this
day of
,
.
22
May
2025
22
May
2025
Town of Morris
22
May
2025
May 23rd, 2025
List of Amendments
This is the Town of Morris Zoning By-law No. 2025-01 as amended, and prepared for the purpose of
convenience only. For accurate reference, the original of this by-law and any other municipal by-law should
be consulted. Copies of original Town of Morris by-laws are available at offices of the Town of Morris.
The following table lists all of the amending by-laws to the Town of Morris Zoning By-law, by by-law
number, in ascending numerical order, beginning with the adoption of this By-law. This list is updated on a
regular basis.
2025-01
TOWN OF MORRIS ZONING BY-LAW
DD/MM/YR
Town of Morris Zoning By-law amended by:
By-Law No.
Affected Site/Provisions Description
Adoption Date
SCHEDULE A: ZONING BY-LAW
1.0 SCOPE AND APPLICABILITY........................................................................................... 1
1.1
Title...........................................................................................................................................1
1.2
Effective Date........................................................................................................................1
1.3
Scope.......................................................................................................................................1
1.4
Application.............................................................................................................................1
1.5
Compliance...........................................................................................................................2
1.6
Transition From Previous By-law......................................................................................3
2.0 ZONING REGULATIONS.................................................................................................. 4
2.1
Access and Frontage...........................................................................................................4
2.2
Water and Wastewater Infrastructure Connections...................................................5
2.3
Moving and Demolition Structures...................................................................................5
2.4
Excavation, Stripping, and Grading..................................................................................6
2.5
Lands Subject to Flooding..................................................................................................6
2.6
Lands Subject to Erosion or Bank Instability..................................................................6
2.7
Setbacks along Water Bodies..........................................................................................7
2.8
Setbacks from Provincial Trunk Highways and Roads.................................................7
2.9
Setbacks from Public Services..........................................................................................7
2.10
Setbacks from Railways.....................................................................................................7
2.11
Setbacks from Pipelines, Transportation, and Transmission Lines............................8
2.12
Setbacks Reduced by Subdivision...................................................................................8
2.13
Setbacks for Condominium, Consolidated Lot Developments, and Planned Unit
Developments (PUD)............................................................................................................8
2.14
Setbacks for Infill Dwellings...............................................................................................9
2.15
Setbacks for Corner Lots..................................................................................................10
2.16
Setbacks for Through Lots................................................................................................ 11
2.17
Setbacks Corner Lot Sight Triangle Area....................................................................... 11
2.18
Setbacks for Flag Lots....................................................................................................... 12
2.19
Setbacks for Commercial or Industrial near Residential Land-Uses...................... 13
2.20
Permitted Projections into Setbacks.............................................................................. 13
2.21
Permitted in Front and Rear but Not Side Yards.......................................................... 16
2.22
Permitted Projections Above the Height Limit............................................................. 16
2.23
Temporary Buildings, Structures, and Uses................................................................... 17
2.24
Cover-all Buildings and Fabric Buildings....................................................................... 19
2.25
Shipping Containers (Sea Cans)..................................................................................... 19
2.26
Accessory Buildings, Structures and Uses....................................................................20
2.27
Garages and Carports..................................................................................................... 22
2.28
Home Enterprises.............................................................................................................. 23
2.29
Fences And Hedges.......................................................................................................... 27
2.30
Decks, Patios, Balconies, Patio Covers, Sunrooms, Screen Enclosures................... 28
2.31
Pools And Hot Tubs........................................................................................................... 28
2.32
Lighting................................................................................................................................ 29
2.33
Apiculture (Beekeeping)...................................................................................................30
2.34
Hobby Farms......................................................................................................................30
3.0 PARKING, LOADING, AND SIGNAGE.......................................................................34
3.1
Minimum Parking Requirements.................................................................................... 34
3.2
Parking Reductions........................................................................................................... 35
3.3
Parking Stall Widths and Lengths; and Aisle Specifications................................... 36
3.4
Parking and Storage of Boats, Recreational Vehicles and Trailers........................ 38
3.5
Parking and Storage of Large Vehicles in Residential Zones.................................. 38
3.6
Parking and Storage of Unlicensed Motor Vehicles.................................................. 38
3.7
Parking Standards for Residential Zones..................................................................... 39
3.8
Parking Standards for Non-Residential Zones............................................................40
3.9
Outside Vehicle Display Areas.......................................................................................40
3.10
Outside Storage................................................................................................................. 41
3.11
Outside Storage of Hazardous Uses [Dangerous Goods]......................................... 41
3.12
Loading Space Requirements......................................................................................... 42
3.13
Surfacing of Parking and Loading Areas..................................................................... 43
3.14
Drive-Through Facility...................................................................................................... 43
3.15
Signage Regulations.........................................................................................................44
4.0 PROVISIONS FOR INFILL HOUSING........................................................................50
4.1
Accessory Dwelling Units.................................................................................................50
4.2
Conversion of Residential Buildings.............................................................................. 52
4.3
Dwellings on Corner Lots................................................................................................. 52
4.4
Rooming and Boarding Houses...................................................................................... 53
4.5
Community Care Facilities.............................................................................................. 53
4.6
Flag Lots..............................................................................................................................54
4.7
Splitting Attached Dwellings on to Separate Lots.....................................................55
4.8
Bungalow Clusters............................................................................................................ 57
4.9
Bungalow Courts............................................................................................................... 58
4.10
Dwelling Unit, Live Work..................................................................................................60
4.11
Dwelling Units, Commercial Zones................................................................................60
4.12
Dwelling Units, Industrial and Institutional Zones........................................................ 61
4.13
Dwelling Units, Agriculture Limited Zones..................................................................... 61
4.14
Mobile Homes and Mobile Units..................................................................................... 61
4.15
Not Considered Dwelling Unit........................................................................................ 62
5.0 ZONING LANDS AND LAND-USES...........................................................................63
5.1
Classification of Uses....................................................................................................... 63
5.2
Land-Use Lexicon: Uses of Land Defined..................................................................... 63
6.0 ZONING DISTRICTS..........................................................................................................81
6.1
Establishing Zones for Land-Uses................................................................................... 81
6.2
Allowable Uses: Permitted and Conditional................................................................. 81
6.3
Bulk Regulations................................................................................................................. 81
6.4
Planned Development Overlay Districts...................................................................... 82
6.5
Land-Use Table..................................................................................................................84
6.6
Open Space - OS ............................................................................................................ 89
6.7
Institutional - IN.................................................................................................................90
6.8
Residential First Density - R1............................................................................................ 91
6.9
Residential Second Density - R2................................................................................... 93
6.10
Commercial Main Street - CM...................................................................................... 95
6.11
Commercial Highway - CH............................................................................................ 97
6.12
Employment Mixed Use - EMU ..................................................................................... 99
6.13
Industrial General - M..................................................................................................... 101
6.14
Agriculture Restricted - AR........................................................................................... 103
SCHEDULE B: MAPS.................................................................................................................104
SCHEDULE C: ZONING ADMINISTRATION................................................................... 107
List of Tables
Table 1.
Permitted Projections into Required Setbacks....................................................... 14
Table 2.
Maximum Density Of Bee Colonies.........................................................................30
Table 3.
Animal Units by Category of Livestock ................................................................. 32
Table 4.
Required Parking Stalls................................................................................................ 34
Table 5.
Parking Stall Widths and Lengths; and Aisle Specifications.............................. 36
Table 6.
Accessible Parking Stall Requirements.................................................................... 37
Table 7.
Loading Space Requirements ................................................................................. 43
Table 8.
Required Drive-Through Queuing Spaces ............................................................44
Table 9.
District Specific Sign Regulations ...........................................................................48
Table 10. Zoning Districts ............................................................................................................. 81
Table 11. Land Uses - Permitted, Conditional and Accessory ............................................84
Table 12. "OS" Bulk Standards .................................................................................................. 89
Table 13. "IN" Bulk Standards ....................................................................................................90
Table 14. "R1" Bulk Standards ..................................................................................................... 91
Table 15. "R2" Bulk Standards ................................................................................................... 93
Table 16. "CM" Land Use ............................................................................................................ 95
Table 17. "CH" Bulk Standards .................................................................................................. 97
Table 18. "EMU" Bulk Standards ............................................................................................... 99
Table 19. "M" Bulk Standards ................................................................................................... 101
Table 20. "AR" Bulk Standards ................................................................................................. 103
List of Figures
Figure 1. Determined Front Yard Setbacks for Infill Dwellings ..............................................9
Figure 2. Determined Front Yard Setbacks for Reverse Corner Lots .................................10
Figure 3. Corner Lot Sight Triangles............................................................................................ 11
Figure 4. Flag Lot Setbacks.......................................................................................................... 12
Figure 5. Example Projections into Required Yards (Permitted and Not Permitted). ...... 16
Figure 6. Typical Deck Elevation Plan ...................................................................................... 28
Figure 7. Parking Stall and Aisle Way Dimensions, Angled................................................. 36
Figure 8. Parking Stall and Aisle Way Dimensions, Parallel................................................. 36
Figure 9. Parking Stall and Aisle Way Dimensions, 90o....................................................... 36
Figure 10. Accessible Parking Stall and Walk Aisleway Dimensions................................... 37
Figure 11. Splitting Semi-Detached Dwellings On To Separate Lots ................................. 56
Figure 12. Splitting Multiple Attached Dwellings On To Separate Lots .............................. 56
Figure 13. Bungalow Cluster ........................................................................................................ 57
Figure 14. Bungalow Court, Parking ........................................................................................... 59
Figure 15. Bungalow Court, Loop Lane...................................................................................... 59
1
SCOPE AND APPLICABILITY
TOWN OF MORRIS ZONING BY-LAW
1.0
SCOPE AND APPLICABILITY
1.1
Title
This by-law shall be known as the Town of Morris Zoning By-law and may be cited by its long
title (Town of Morris Zoning By-law), its short title ("Zoning By-law" or "ZBL"), or its by-law number
"By-law No. 2025-01", and any such citation is to be taken as meaning this by-law as amended.
1.2
Effective Date
This by-law comes into force on [DAY MONTH YEAR].
1.3
Scope
1.3.1.
This By-law shall apply to all the lands in the Town of Morris as indicated on Map 1 of
Schedule B of this By-law.
1.3.2.
This By-law does not apply within public roads, public lanes, public paths or pathways, or
public walks opened as legal rights-of-ways within a zoning district.
1.3.3.
This By-law does not apply to the construction, maintenance, or operation of public service
works within a public utility right-of-way.
1.3.4.
This By-law does not apply to lands and resources that fall under the purview of the Crown;
Provincial Parks designated by the Legislative Assembly of Manitoba; Manitoba Hydro works
as defined under The Manitoba Hydro Act; National Parks designated by Parliament; Railway
activities and railway lands operated by a railway company under the legislative authority
of Parliament; Pipelines as defined in the Federal Legislation; First Nations' reserve lands as
designated by Parliament; Radio-communication and Broadcasting Antenna Systems as
regulated under Federal Legislation.
1.4
Application
1.4.1.
This by-law implements the planning policies of the Grow Morris Development Plan By-law
03-2024 (Development Plan).
1.4.2.
This by-law regulates:
a.
All uses of buildings, structures, and lands.
b.
The construction, erection, or placement of buildings, structures, or mobile or
modular homes.
c.
The enlargement, alteration, relocation, or conversion of buildings or structures.
d.
The establishment, change, extension, and enlargement of uses of lands,
buildings, or structures.
2
SCOPE AND APPLICABILITY
TOWN OF MORRIS ZONING BY-LAW
1.5
Compliance
USE AND DEVELOPMENT OF LAND AND BUILDINGS MUST COMPLY
1.5.1.
No land, building, or structure shall be used or occupied, and no building or structure shall be
used, occupied, constructed, erected, altered, enlarged, relocated, removed, demolished, or
placed except in accordance with this Zoning By-law.
1.5.2.
No development or use of land or a building may take place or be maintained except in
conformity with this By-law and with any development agreement, variance, conditional use
approval, condition or permit issued under this By-law.
1.5.3.
The duty to comply with this By-law is imposed on the owner of a parcel or a building
and on any person who has charge or control of the parcel or building, whether as lessee,
tenant, occupier, agent or otherwise.
1.5.4.
The approval of a development application, the issuance of a development permit, the
approval of drawings and specifications, or completion of inspections does not relieve a
person from the responsibility to comply with this By-law or any other by-law.
1.5.5.
Buildings, structures, and uses which were lawfully in existence before this by-law, or
before an amendment to it came into effect, may continue to exist in accordance with the
provisions of The Planning Act.
RESTRICTIONS IN OTHER BY-LAWS OR FEDERAL AND PROVINCIAL LAWS
1.5.6.
Whenever a provision of another by-law, or an agreement with the Municipality or a law
or regulation of the Provincial or Federal Governments, contains a restriction governing the
same subject matter contained in this Zoning By-law, or imposes contradictory regulations
with respect to uses, buildings, or structures, the most restrictive or highest standard shall
prevail.
1.5.7.
Nothing in this Zoning By-law shall exempt any person from complying with the
requirements or from obtaining any license, permission, permit, authority, or approval
required by this by-law or any other by-law of the municipality or any law of Canada or the
Province of Manitoba. Where requirements in this by-law are in conflict with those of other
municipal, provincial, or federal requirements, the more stringent regulations shall prevail.
1.5.8.
A declaration by a court of competent jurisdiction that a section, clause or provision of this
Zoning By-law, including anything shown on the Zoning Map is invalid, shall not affect the
validity of the By-law or any part of the By-law other than the section, clause, or provision,
or part of the Zoning Map declared to be invalid.
3
SCOPE AND APPLICABILITY
TOWN OF MORRIS ZONING BY-LAW
1.6
Transition From Previous By-law
1.6.1.
Zoning By-Law Transitions
(1)
Development permits for buildings or structures that were in compliance with the
previous Zoning By-law prior to the effective date of this By-law shall be permitted if
acted upon within 12 months of issuance.
(2)
The adoption of this by-law shall not prevent any actions to abate, nor pending
or future prosecution of, violations under the former zoning by-law, provided said
violations are also violations of this By-law.
(3)
Upon enactment of this By-law, any building, parcel, or use of land lawfully existing
under the previous By-law shall be deemed to comply with this By-law.
(4)
Any use lawfully in existence prior to this By-law, which did not require a Conditional
Use Order prior to this By-law, but that would require a Conditional Use Order to
comply with this By-law, shall be deemed to have a Conditional Use Order sufficient
to create compliance with this By-law provided that no addition, enlargement or
expansion is approved as a Conditional Use under this By-law.
(5)
A development for which final approval was granted prior to the effective date of this
By-law may be completed in accordance with the provisions of the Zoning By-law
under which it was approved, or the approved plan, subdivision documents, and any
other approved order, permits and conditions.
ZONING REGULATIONS
4
TOWN OF MORRIS ZONING BY-LAW
2.0
ZONING REGULATIONS
Effecting Site Areas and Governing Land-Uses
2.1
Access and Frontage
2.1.1.
Public Right-Of-Way
(1)
Uses allowed under this By-Law shall only be established, erected or constructed on
lands that have frontage on, and unobstructed, safe and convenient access to:
a.
Registered Road - a registered road allowance is a public road that is developed
as an all-weather road and is maintained year round.
b.
Proposed Road - a proposed road allowance is an unimproved public road
that is to be registered or is already registered, which will be developed as an
all-weather road and maintained year round, for which a road development
agreement has been entered into with the Municipality for the construction of
the proposed road.
c.
Condominium Plan - where the units created through a bare land condominium
plan have a common element, as defined in The Condominium Act (Manitoba), as
the private access route connected to either (a) or (b) above.
2.1.2.
Land Locked Parcels Permitted
(1)
Notwithstanding access and frontage requirements listed herein, developments may
be allowed on lands without direct access or frontage:
a.
Where the land has access onto a public road being provided by way of
a caveat or master or declaratory easement registered and maintained in
perpetuity on title in favour of the subject land with the owners of other lands so
as to ensure cross-access at all times by motor vehicles.
b.
Where the land is deprived of frontage on a public road as a result of land
acquisition or expropriation by an authority having the power of expropriation or
acquisition, or authorization pursuant to Provincial Legislation, subject to access
onto a registered road being provided by way of an existing private right-of-way
registered on title in favour of the subject lot.
c.
Where the land abuts lands held by the Municipality or the Province for future
road-widening or public reserve purposes, subject to access onto a registered
road being provided by way of an existing private right-of-way registered on
title in favour of the subject lot, and subject to compliance with other applicable
requirements of this Zoning By-law as if said future road allowance was already
in existence.
d.
Where the land is to accommodate advanced exploration projects as defined in
The Mines and Minerals Act.
e.
Where the land is intended to be held by the Municipality or the Province for
future road-widening, future road allowance, existing heritage resource use, as a
development control strip or for public reserve purposes.
f.
Where the land abuts a navigable waterway, or is adjacent to a water body
only being separated by land held by the Municipality, the Province or is a road
allowance.
ZONING REGULATIONS
5
TOWN OF MORRIS ZONING BY-LAW
g.
Where the land is a Development Control Strip.
h.
Where the land and its resources fall under the purview of the Crown.
2.1.3.
Seasonal Public Roads
(1)
Notwithstanding access and frontage requirements listed herein, developments that
are cottages, or land-uses intended to be used seasonally or on a part-time basis may
be allowed where the land abuts or is traversed by a seasonally maintained public
road; however, owners of said lands should not expect the same level of municipal
services as owners of lands with frontage and access to a registered road allowance
that is developed as an all-weather road and is maintained year round.
2.1.4.
Future Public Roads
(1)
No building or structure shall be erected upon any proposed road allowance that is
to be registered and developed under a Development Agreement. Any development
adjacent to a proposed road allowance shall comply with the requirements of this
By-law as if the future public road was already physically in existence.
2.1.5.
Access to Provincial Highways
(1)
All development proposed adjacent to Provincial Trunk Highways and Provincial Roads
shall comply with the regulations and controls stipulated in Provincial Legislation and
other policies established by the Province of Manitoba, and set out in the Grow Morris
Development Plan Bylaw 03-2024.
2.2
Water and Wastewater Infrastructure Connections
(1)
All principal buildings, and all dwelling units constructed or erected on land served
by piped drinking water systems, or wastewater management systems, shall be
connected to such systems; or shall be required to construct a new private well or
private drinking water system based on Provincial Legislation.
(2)
Drinking water systems or wastewater management system connections shall be
made within the time limit specified in a Development Agreement or a by-law.
(3)
Where municipal drinking water systems, or wastewater management systems are
not available, or cannot be extended in a fiscally sound manner as determined by the
Development Officer, private services may be permitted.
2.3
Moving and Demolition Structures
(1)
No person shall move any structure or part thereof off their property to any other
location unless that structure or part is made to conform to the provisions of this
By-law applicable to the zone to which it is to be moved.
(2)
Before moving a building or portion to a new off-site location, the owner shall
obtain a development permit and if required by the Development Officer 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 a
Development Officer deems necessary.
(3)
Upon completion of the 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 Development Officer.
ZONING REGULATIONS
6
TOWN OF MORRIS ZONING BY-LAW
2.4
Excavation, Stripping, and Grading
(1)
For the purpose of this Section, excavation shall mean excavation other than for
construction or building purposes, including but not limited to, sand and gravel mining,
top soil stripping, and construction of artificial water bodies.
(2)
The removal of topsoil, or other organic surface material on lands designated for
agricultural use shall not be permitted unless approval has been granted by the
Development Officer. This is not intended to restrict excavation for the purposes of
water control works, road construction, building sites or similar work, or gaining access
to aggregate and other quarry minerals.
(3)
A person wishing to excavate, strip or grade land in any zone shall provide the
following details in a development application:
a.
The location and area of the site on which the excavation, stripping or grading is
to take place;
b.
The existing land use and vegetation;
c.
The type and dimensions of the excavation to be made, and the effect on
existing drainage patterns; and
d.
The condition in which the excavation is to be left when the operations is
complete, or the final disposition to be made of the area from which the topsoil
is to be removed, including the action to restore the condition of the surface of
the land to be affected, and to prevent, control or lessen erosion or dust.
(4)
The Development Officer shall consider every application for a permit to excavate
land, and shall not issue a permit unless he or she is satisfied that:
a.
The operation will be carried out so as to create a minimum of dust and
environmental disturbance;
b.
The operation will not affect the integrity of water control features, such as a
drainage ditch; and
c.
The operations are one which, in the opinion of the Development Officer, is
reasonably necessary for the use and development of the land in question.
2.5
Lands Subject to Flooding
(1)
No building or structure shall be erected upon lands subject to flooding, which means
lands that:
a.
Is inundated by floods up to and including the 200 year flood, or the flood of
record, whichever is greater;
b.
Has a known history of flooding; or
c.
Experiences flooding during a flood event of a magnitude specified by the
Province in areas protected by flood control works.
2.6
Lands Subject to Erosion or Bank Instability
(1)
No building or structure shall be erected upon lands subject to erosion or bank
instability, which means lands that:
a.
Within a 50 year period, the lands would be eroded or become unstable due to
the action of water contained in an adjacent water body; or
b.
Lands where actual effects of such hazards have occurred, are occurring, or
have been predicted by engineers to occur.
ZONING REGULATIONS
7
TOWN OF MORRIS ZONING BY-LAW
2.7
Setbacks along Water Bodies
Notwithstanding other sections of this by-law, the following provisions apply:
(1)
In areas where the specific flood, erosion and bank instability hazards have not been
determined, new principal buildings and structures shall be set back from all water
bodies at a distance an engineering investigation shows that these limits should be
established, and at the discretion of the local planning authority, and the applicable
provincial authority.
(2)
The setbacks limiting development adjacent to water bodies established above may
be reduced subject to geotechnical, engineering or environmental assessment by a
professional engineer, and at the discretion of the local planning authority, and/or the
applicable provincial authority.
(3)
Where a lot is separated from a water way by land owned by the Municipality or
the Province, the lot shall be considered for the purpose of permitted land uses and
required setbacks in this Zoning By-law as if it abuts the water way.
2.8
Setbacks from Provincial Trunk Highways and Roads
(1)
Any structure/construction proposed above, below or at ground level, or a proposal
to change or intensify an existing structure, within 125 feet from the edge of the
right-of-way of provincial trunk highways or provincial roads, or within the control
circles of a Provincial Road Intersections; and any tree, shrub, or hedge within 50 feet,
requires a permit from the Provincial Government.
2.9
Setbacks from Public Services
Notwithstanding other sections of this by-law, the following provisions shall apply:
2.9.1.
Drinking Water Systems And Wastewater Infrastructure
(1)
No new residential developments shall be located within 1,500 feet of the boundary
line of a public waste water treatment lagoon.
(2)
No new industrial developments shall be located within 200 feet of a Water Treatment
Plant building as measured from the building face.
2.10 Setbacks from Railways
Notwithstanding other sections of this by-law, the following provisions shall apply:
(1)
A habitable space in new residential structures shall be setback from the property
line of railway operations, as measured from the habitable space in the structure, as
follows:
a.
Freight Rail Yard: 984 ft.
b.
Main Line: 98 ft.
c.
Branch Line: 49 ft.
d.
Spur Line: 49 ft.
(2)
All proposed buildings to be occupied by an industrial or commercial use shall be
setback 49 ft from a Principal main line.
ZONING REGULATIONS
8
TOWN OF MORRIS ZONING BY-LAW
(3)
Notwithstanding the above, non-habitable spaces within principal structures,
non-habitable principal structures, and non-habitable spaces in detached accessory
structures and uses, as well as agricultural operations may be allowed if the
underlying zoning standards for setbacks provide for such.
2.11 Setbacks from Pipelines, Transportation, and Transmission Lines
Notwithstanding other sections of this by-law, the following provisions shall apply:
(1)
The habitable space in new residential structures shall be setback, as measured from
the habitable space in the structure, a minimum 50 feet from the property line of a
right-of-way or corridor established for pipeline transportation or transmission lines in
excess of 115 kilovolts.
(2)
Notwithstanding the underlying zoning, secondary uses independent from the utility
infrastructure, such as active and passive recreation, agriculture operations, community
gardens, other utilities and uses such as parking lots and outdoor storage are allowed
on transmission corridor lands, where compatible with surrounding land uses.
(3)
Any proposed secondary use requires technical approval from the transmission
provider and or the applicable provincial authority.
2.12 Setbacks Reduced by Subdivision
(1)
Where an existing building or structure's setback is reduced or proposed to be reduced
by a subdivision of land, and the proposed new setback for the building contravenes
the required setback regulations of this By-law, a variance shall be required.
(2)
Where an existing building or structure's setback is reduced or proposed to be reduced
by a subdivision of land, any new structures constructed on the lots shall be subject to
all the zoning by-law regulations regarding setbacks.
2.13 Setbacks for Condominium, Consolidated Lot Developments, and
Planned Unit Developments (PUD)
(1)
Where two or more abutting lots owned by the same entity are consolidated for the
purpose of development, the internal lot lines of the original lots shall not be construed
to be lot lines for the purposes of any zoning regulations, provided that development
on the consolidated lots complies with all applicable regulations of this By-law.
(2)
Where a comprehensive plan of condominium has received draft plan approval,
the lands to which the draft approved plan of condominium is to be located shall
be deemed to be one lot for the purposes of applying the provisions of the By-law.
Zoning provisions for building setbacks to the lot lines shall apply only to the external
lot lines of the overall plan of condominium, not to internal lot lines resulting from the
registration of any phase of a plan of condominium.
(3)
Where a comprehensive Planned Unit Development [PUD] has received draft plan
approval, the lands shall be deemed to be one lot for the purposes of applying the
provisions of the By-law. Zoning provisions for building setbacks to the lot lines shall
apply only to the external lot lines of the overall PUD, not to internal lines resulting from
the registration of any phase of a PUD
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2.14 Setbacks for Infill Dwellings
Notwithstanding other sections of this By-law, the following provisions shall apply:
(1)
Where any new dwelling as a principal building or addition to any type of dwelling in
a principal building is proposed within a street block where at least 80 percent of the
lots have been developed with dwelling units in principal structures, and the front yard
setback required by the regulations for the underlying zoning district is inconsistent
with the majority of existing front yard setbacks for the developed dwellings on the
street block:
a.
In the case of interior lots, the new structure shall be developed with a front
yard consistent with the average of the existing front yards facing the same
public road and within the same side of the block the new dwelling is being
erected.
b.
In the case of a corner lot, the average of the front yard setback for the two
nearest lots on each side of the reverse corner lot; or for corner lots all the lots
facing the same public road on the same block may be used for calculating the
allowed setback.
c.
In the case of a key lot, the average of the yard setbacks of the two nearest
properties on each side of the key lot.
Figure 1.
Determined Front Yard Setbacks for Infill Dwellings
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2.15 Setbacks for Corner Lots
Notwithstanding other sections of this By-law, the following provisions shall apply:
(1)
In the case of a corner lot, the shorter lot line abutting a public road shall be the front
lot line:
a.
Where the lot lines abutting a public road have the same length, the lot line
where the principal access to the lot is provided shall be deemed to be the front
lot line.
(2)
Notwithstanding Clause (1) above, the Development 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 any development, and the Front Yard requirements of
adjacent properties.
2.15.1. Setbacks for Reverse Corner Lots
(1)
The front yard setback of the key lot shall denote the exterior side yard setback of the
reverse corner lot for a distance of 20 feet from the edge of the common property line.
After 20 feet, the setback will revert to the rear yard setback.
Figure 2.
Determined Front Yard Setbacks for Reverse Corner Lots
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2.16 Setbacks for Through Lots
(1)
Notwithstanding any other provisions in this Zoning By-law, for any through lot that is
not also a corner lot, the minimum required front yard setback applies on each public
road in accordance with the provisions of the zone in which the lot is located and the
minimum required rear yard setback does not apply.
(2)
Where a through lot is also a corner lot:
a.
The shorter lot line abutting a public road shall be the front lot line; and
b.
Where the lot lines abutting a public road have the same length, the lot line
where the principal access to the lot is provided shall be deemed to be the
front lot line, and the exterior side yard setback, rear yard setback and the sight
triangle provisions apply.
2.17 Setbacks Corner Lot Sight Triangle Area
Notwithstanding other sections of this Zoning By-law, the following provisions shall apply to all
zones, excluding the CM zone:
(1)
On any corner lot, no building or structure shall be erected, and no fence, hedge, shrub,
bush, tree or other plant shall be permitted to a height greater than 2.5 ft above the
grade of the roadways that abut the lot, within a triangular area formed by the part of
the lot lines measured along each property line from the intersection of those lines at
the corner of the property closest to the public road corner and a line joining points on
the property lines at a distance of 20 ft from the point of intersection.
Figure 3.
Corner Lot Sight Triangles
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2.18 Setbacks for Flag Lots
Notwithstanding other sections of this by-law, the front yard setback for the flag portion of the lot
shall be measured from a 20 foot access corridor of the pole portion of the lot where the access
corridor is not included in the distance measurement.
Figure 4.
Flag Lot Setbacks
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2.19 Setbacks for Commercial or Industrial near Residential Land-Uses
The following shall not apply to residential land-uses in industrial or commercial zones, and shall not
apply to the Main Streets Area:
(1)
Notwithstanding any other provisions of this By-law, where a lot in any Commercial
Zone or Industrial Zone shares a common property line abutting a residential
land-use, the following provisions shall apply:
a.
A setback of 20 feet must be provided along the common lot line in the
commercial zoning district.
b.
A setback of 30 feet must be provided along the common lot line in the
industrial zoning district.
c.
If the adjoining residential land-use front yard setback requirement is greater
than the underlying commercial or industrial zoning district front yard setback,
the minimum front yard setback shall be the same as the front yard requirement
for the adjoining residential land-use, for a minimum distance of 50 feet from
the common property line.
d.
The required yard setbacks must be landscaped and must not be used for
parking areas or loading areas, outside storage, garbage enclosures, or
commercial or industrial activities of any kind.
e.
Notwithstanding the above, an enclosed portion of a principal building on lands
zoned commercial or industrial may extend to the common property lines if the
underlying zoning standards for setbacks provide for such.
(2)
Notwithstanding any other provisions of this By-law, where a lot in any Commercial
Zone or Industrial Zone is adjacent to a residential land-use, separated only by a
public right-of-way, the following provisions shall apply:
a.
A setback of 5 feet must be provided along the property line in the commercial
zoning district that is adjacent to the residential land use.
b.
The setback must be landscaped and must not be used for parking areas or
loading areas, outside storage, garbage enclosures, or commercial or industrial
activities of any kind.
c.
Notwithstanding the above, an enclosed portion of a principal structure on lands
zoned commercial or industrial may extend to the property line, if the underlying
zoning standards for setbacks provide for such.
2.20 Permitted Projections into Setbacks
(1)
This section does apply to:
a.
The projection of any listed feature into the minimum required building setback
from Water Bodies, Public Services, Railways, Pipelines, Transportation and
Transmission Lines; and Accessory buildings.
(2)
This section does not apply to:
a.
Setbacks for Commercial and Industrial near Residential Land-Uses;
b.
Setbacks from Provincial Trunk Highways and Roads; and
c.
Setbacks for Corner Lot Sight Triangle Area.
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(3)
Should the projection exceed the size allowed for that type of projection, the projection
is then considered to be the principal building when attached to the principal building;
and the dimensional standards of detached accessory structures apply when the
projection is detached from the principal building, as such, variances are required to
alleviate compliance with the setback regulations.
(4)
Permitted Projections. Despite any other provision to the contrary, the following
features are permitted to project into a required setback in accordance with Table 1:
Permitted Projections into Required Setbacks.
Table 1.
Permitted Projections into Required Setbacks
Feature
Projections Permitted
i. Front Yard
ii. Side Yard
iii. Rear Yard
(a)
Alcoves, bay, oriel windows,
vestibules, and similar
additions creating livable
floor area, limited to one
storey
5 feet
4 feet, but no
closer than 1 foot to
property line.
5 feet
(b)
Air conditioning units, Pool
filters, pumps and heaters
NOT PERMITTED
PERMITTED only in
interior side yards
and a minimum
10 feet measured
laterally from
operable window of
a habitable room on
an adjoining lot.
PERMITTED, and
a minimum 10 feet
measured laterally
from operable
window of a
habitable room on
an adjoining lot.
(c)
Balconies
5 feet
5 feet but no closer
than 1 foot to
property line.
5 feet
(d)
Open arbours, trellises,
landscape architectural
features, flag poles, lighting
fixtures and lamp posts
PERMITTED, but no closer than 1 foot to property lines.
(e)
Clotheslines, clothesline poles
NOT PERMITTED
PERMITTED
(f)
Cantilevers
No more than 3 feet projection
and no more than 10 feet along a building wall.
(g)
Chimneys/chases, and
fireplaces
No more than 3 feet projection provided that any projection is not
closer than 1 foot from the side or rear site line.
(h)
Fences and Hedges
PERMITTED
(i)
Eaves and eaves trough
2 feet [1 foot for an eave and 1 foot for an eavestrough].
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Feature
Projections Permitted
i. Front Yard
ii. Side Yard
iii. Rear Yard
(j)
Exterior wall finishes including
brick and stone facing
1 foot
(k)
Garbage Enclosures
(Commercial and
Multi-Dwelling Land-uses)
NOT PERMITTED
PERMITTED when
less than 5 feet in
height.
PERMITTED when
adjacent to a lane
and less than 5 feet
in height.
(l)
Ornamental structures:
Veranda, porches, sills, belt
courses, portico, shade
projections, awnings,
canopies, cornices, pilasters
or similar incidental building
architectural features.
3 feet but no closer than 1 foot to side lot line.
(m) Parking Spaces, Parking
Aisleways, Queuing spaces.
NOT PERMITTED
except in
Commercial
Highway zone.
NOT PERMITTED
except in Residential
zones.
PERMITTED
(n)
Open Patios and Decks
PERMITTED, when height is 4 feet or less.
(o)
Pools And Hot Tubs
NOT PERMITTED
No closer than 5 feet to side or rear lot line.
(p)
Roofs over exterior entrances
(may not be enclosed except
by railing)
5 feet but no closer than 1 foot from side lot line.
(q)
Unclosed walks, wheelchair
landings and ramps.
PERMITTED
(r)
Unenclosed stoops, porches,
landings, steps, landings, and
fire escapes
Maximum depth = 5
feet unless maximum
height equal to or
less than 2 feet
No closer than 2
feet to side lot line
if height exceeds 2
feet.
PERMITTED if 2 feet
in height or less.
PERMITTED if 2 feet
in height or less.
(s)
Energy Generating System
NOT PERMITTED
NOT PERMITTED,
and 15 feet from the
exterior side lot line
of corner lot.
PERMITTED
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Figure 5.
Example Projections into Required Yards (Permitted and Not Permitted).
2.21 Permitted in Front and Rear but Not Side Yards
(1)
Any building or structure, or projection that is permitted in a front or rear yard setback;
or where the front or rear yard setback has no requirement in the underlying zoning
district regulations, the building or structure, or projection shall still adhere to any
applicable side yard setback requirements.
2.22 Permitted Projections Above the Height Limit
(1)
The maximum height limits do not apply to the structures listed below, or to any other
similar structures that may require a height in excess of maximum height limits in order
to serve their intended purpose, unless otherwise specified in this By-law and provided
these structures are erected only to such height or area as is necessary to accomplish
the purpose they are to serve:
a.
Barn, silo, or other accessory buildings or structures associated with an
agricultural operation;
b.
Chimney, smokestack or flues;
c.
Clock tower, church spire, steeple or belfry;
d.
Construction equipment during the construction process;
e.
Mechanical and service equipment or penthouse, elevator or stairway
penthouses not exceeding 10 feet above the roof deck;
f.
Flag pole with a flag;
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g.
Grain elevators, terminals, feed mills, seed plants;
h.
Hydro and other utility transmission and distribution towers, Utility poles and high
voltage transmission lines;
i.
Landscaped areas, roof-top gardens and terraces and associated safety guards
and access structures;
j.
Ornamental dome, skylight, cupola, gables or parapet not exceeding 5 feet
above the roof deck;
k.
Television, radio or telecommunication antenna, excluding a satellite dish or
tower antenna accessory to a permitted use in a residential zone;
l.
Water tower;
m.
Energy Generation Systems on the roof shall be no more than 15 feet above the
rooftop.
2.23 Temporary Buildings, Structures, and Uses
(1)
Temporary buildings, structures or uses may be permitted in all zones on a
non-permanent basis for up to 12 months subject to the issuance of a development
permit under the following conditions:
a.
A development permit for a temporary building, structure or use shall be subject
to such terms and conditions as required by Council.
b.
Each development permit issued for a temporary building, structure or use shall
be valid for a period of not more than 12 months and may not be renewed for
more than two successive periods at the same location.
(2)
The following temporary buildings, structures or uses shall be permitted in all Zones
when the use specific standards are met:
a.
Temporary buildings, structures, and uses are permitted on a site in connection
with the construction or maintenance of public services, and only for the
following purposes:
(i)
Office space for the contractor, developer, or project supervisor;
(ii) Temporary accommodation for a caretaker, security guard or construction
workers;
(iii) Temporary placement of asphalt and concrete batch plants; or
(iv) Storage of construction materials and equipment.
b.
Temporary uses including garage sales, fundraising events, outdoor car washes,
real estate sales offices and model sales homes, and Temporary Emergency
Residence.
(3)
The following temporary buildings, structures or uses shall not be permitted in any
Residential Zones:
a.
Temporary uses including farmers' markets, special events, seasonal sales, Retail
Trade and Retail Stores.
(4)
Temporary building used as a classroom is permitted only on a site where an
elementary or secondary schools land-use already exists.
(5)
Retail Trade as a Temporary Use shall not be permitted longer than 3 days.
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(6)
Retail Trade as a Temporary Uses shall not exceed 400 square feet.
(7)
Retail Trade as a Temporary Uses shall be limited to the items allowed as Retail Store.
2.23.1. Temporary Buildings Use Specific Standards
(1)
Temporary buildings, structures, and uses shall not be detrimental to public health,
safety, convenience, and general welfare.
(2)
The temporary buildings, structures, and uses must not result in permanent alterations
to the site.
(3)
All temporary signs associated with the temporary use or structure must be removed
when the activity ends.
(4)
The temporary use or structure must not violate any applicable conditions of approval
that apply to a principal use on the site.
(5)
Temporary buildings, structures, and uses established under this By-law in connection
with construction or development of a site, shall be removed within one (1) month of
the completion of construction or development on the site unless otherwise noted in
this By-law.
(6)
Temporary buildings and structures shall not exceed 1,000 square feet in gross floor
area and 13 feet in height.
(7)
The temporary building, structure or use shall be located in compliance with the
setback requirements as specified in this By-law for accessory buildings except:
a.
Temporary buildings, structures or uses may be located in the front yard of a
principal building with a minimum setback of 3 feet from the front property line;
and
b.
Temporary buildings, structures or uses may be located on a site with no
principal buildings and with a minimum setback of 3 feet from the front property
line.
(8)
Temporary buildings or structures used as Real Estate Sales Offices and Model Sales
Homes shall not be used as a dwelling during the time it is being used as a real estate
sales office or model home.
2.23.2. Permit Required for Temporary Buildings and Uses
(1)
A development permit for a temporary building, structure or use shall be subject to
such terms and conditions as required by Council or the Development Officer and
approval pursuant to the Development Procedures By-law 2025-02.
(2)
Each development permit issued for a temporary building, structure or use shall be
valid for a period of not more than 12 months.
2.23.3. Permit Exemptions for Temporary Buildings and Uses
(1)
The following temporary uses are exempt from the requirement for development
permit approval, provided that the proposed temporary use complies with the Use
Specific Standards of temporary buildings, structures, and uses:
a.
Garage, rummage or yard sales up to a maximum of 2 weekends per year, for a
maximum of 3 days each.
b.
Outdoor car washes lasting no more than 2 consecutive days, 7 times per year.
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c.
Outdoor special events (carnival, circus, fair, outdoor performing artists, festivals,
sports competitions, or similar events) lasting no more than 3 consecutive days, 4
times per year.
d.
Fundraising events lasting no more than 2 consecutive days, 7 times per year.
e.
Seasonal Sales such as Christmas trees, flags, kites, fruits, vegetables, or arts and
crafts that are limited to a maximum of 60 days in each calendar year.
f.
Farmer's Market held in an open area or in a structure where groups of individual
sellers offer for sale to the public such items as specialized lines of food
products, fresh produce, seasonal fruits, fresh flowers, arts and crafts items, or
food and beverages dispensed from booths located on-site, limited to between
April 1 to October 31.
g.
Temporary Emergency Residence where interim lodging is provided to persons
who are displaced from their homes due to fire, flood or natural disaster.
2.24 Cover-all Buildings and Fabric Buildings
(1)
Cover-all Buildings and Fabric Buildings shall not be permanently stored or used in
a residential zoning district unless approved as a Conditional Use, and subject to
following:
a.
Site Plan Approval shall be required by the Development Officer and Council,
prior to the issuance of any building or development permits, for the on-site
location(s) of the Cover-all Buildings and Fabric Building(s) and the exterior
finishing materials for the structures, all of which shall be maintained to the
satisfaction of the Development Officer.
(2)
The gross floor area of Cover-all Buildings and Fabric Buildings shall be counted in
determining the maximum Lot Coverage allowed on a lot.
2.25 Shipping Containers (Sea Cans)
(1)
Shipping containers mean an intermodal container designed and built for intermodal
freight transport and shall only be permitted where outdoor storage, rail terminals
and rail yards, truck terminals are permitted by right; and are allowed for agricultural
operations.
(2)
Shipping containers may serve as temporary buildings or structures on a site in
connection with construction, seasonal sales, farmer's markets, outdoor special events.
(3)
A shipping container when used as a temporary structure shall:
a.
Be used exclusively for the storage of goods and materials and shall not be used
as a garage, or as human habitation.
b.
Meet the setback requirements for temporary structures.
c.
Site Plan Approval shall be required by the Development Officer and Council,
prior to the issuance of any building or development permits, for the on-site
locations and designs of accessory parking areas, private approaches,
garbage areas, fencing, landscaping, signage, and exterior finishing materials
for the construction of principal buildings and detached accessory buildings
and structures, all of which shall be maintained to the satisfaction of the
Development Officer.
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(4)
Shipping containers shall not be permanently stored or used in a residential zoning
district unless approved as a Conditional Use, and subject to the following:
a.
Site Plan Approval shall be required by the Development Officer and Council,
prior to the issuance of any building or development permits, for the on-site
location(s) of the shipping container(s) and the exterior finishing materials for the
shipping container(s), all of which shall be maintained to the satisfaction of the
Development Officer.
(5)
The gross floor area of Shipping Containers shall be counted in determining the
maximum Lot Coverage allowed on a lot.
2.26 Accessory Buildings, Structures and Uses
(1)
Accessory building, structure or use means a subordinate building, structure or use
which is incidental and accessory to the principal building, structure or use, and
located on the same site as the principal building, structure or use.
(2)
A development permit for an accessory buildings or structures shall be required unless
otherwise noted in this By-law, and subject to such terms and conditions as required by
Council.
(3)
An accessory use is allowed in any zone if:
a.
It is on the same lot as the principal use to which it is accessory; and
b.
It exists to aide and contribute to the principal use to carry out the function of
that principal use.
(4)
Accessory developments are permitted when accessory to a permitted use.
(5)
Accessory developments are conditional when accessory to a conditional use.
(6)
If a question arises as to whether a particular accessory use or structure is included
within the land-use categories or use types of this Zoning By-law, the Development
Officer must make the determination as described in the section Classification of
Uses.
(7)
Detached accessory buildings, structures or uses shall cease to be allowed on a site
when a principal building or land-use also ceases, unless otherwise provided in this
By-law as a temporary building or use.
2.26.1. Attached to Principal Building
(1)
Where the accessory building or structure is attached to the principal building by a
roof, floor (except slab on grade or foundation), or an open or enclosed structure, the
accessory building shall be located in compliance with the setback requirements for
the principal building as specified in the bulk table for each zone.
2.26.2. Construction Before Principal Building or Structure
(1)
Detached accessory buildings or structures may be constructed before construction of
the principal building, structure or use on the same site, subject to:
a.
The accessory building being fully finished on the exterior in a manner that is
compatible with the character of the surrounding area;
b.
The number of accessory buildings or structures being limited to one (1) before
construction of the principal building, structure or use; and
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c.
The detached accessory buildings or structures remains without the principal
building or use for not longer than one (1) year.
(2)
Detached accessory buildings or structures constructed before the development of the
principal building, structure or land-use may be used for the following uses:
a.
As a temporary building for uses in connection with construction or development
on the site as outlined Temporary Buildings, Structures and Uses;
b.
Parking of motor vehicles;
c.
Storage of domestic equipment and supplies;
d.
Storage required for an agricultural operation;
e.
Private wastewater management system;
f.
Private drinking water system; or
(3)
Detached accessory buildings or structures being used as temporary buildings in
connection with construction or development on a site, shall not be subject to removal
within one (1) month of the completion of construction or development of a principal
use or building, but shall cease to be used as a temporary building.
2.26.3. Performance Standards for Accessory building, structure or use
(1)
Site Plan Approval shall be required by the Development Officer and Council, prior
to the issuance of any building or development permits, for the on-site locations and
designs of accessory parking areas, private approaches, garbage areas, fencing,
landscaping, signage, and exterior finishing materials for the construction of principal
buildings and detached accessory buildings and structures, all of which shall be
maintained to the satisfaction of the Development Officer.
2.26.4. Location on the Lot for Accessory building, Structure or Use; and Building Separation
between Accessory Buildings
(1)
Detached accessory buildings, excluding detached decks, above ground pools and hot
tubs, shall be located a minimum of 3 feet clear of all projections from other detached
accessory buildings.
2.26.5. Easement or Right-of-Way
(1)
Detached accessory buildings and structures shall not be located within a dedicated
easement or right-of-way.
2.26.6. Setbacks from Lot Lines
(1)
Detached accessory buildings and structures shall be located in accordance with the
following:
a.
Shall not be permitted in the front yard setback of a principal building.
b.
When a detached accessory buildings or structures built to the rear of the
principal structure, it shall not come closer than 5 feet to the side property line
and 5 feet from the rear property lines, unless the rear property line abuts a rear
public lane in which case the rear yard setback shall be 3 feet.
c.
The cumulative gross floor area for all detached accessory structures on the lot
shall not exceed 12.5% of the total building coverage area of the lot.
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d.
A one (1) foot overhang is permitted within the required setbacks from the
property lines to the wall of the detached accessory structures. Eavestrough may
be added to the permitted one (1) foot overhang.
(2)
If a detached accessory structure is not located to the rear of the rear wall of the
principal building, the minimum setbacks of the principal building apply to that portion
of the structure not to the rear of the rear wall of the principal building.
(3)
For the purpose of this regulation, the rear wall of the principal building is the wall
furthest from the wall with the facade facing the fronting public road.
2.26.7. Height of Accessory building, Structure or Use
(1)
Detached accessory buildings and structures shall not exceed 13 feet in height except
in association with a Garage Suite or with agricultural operations where accessory
structures may exceed this height.
2.26.8. Building Coverage of Accessory building, Structure or Use
(1)
The cumulative gross floor area of all Detached accessory buildings and structures
shall be counted in determining the maximum Lot Coverage allowed on a lot.
2.27 Garages and Carports
Garages and carports are detached accessory buildings or structures that shall be constructed as
follows:
(1)
Where a driveway leads from the public road to a garage or carport located on the
front facade of a dwelling, such driveway must be a minimum of 23 feet in length.
Driveway length is measured between the garage door or the edge of the carport
closest to the public road and the front property line.
(2)
Individual driveways leading from a shared private lane to each dwelling unit must be
at least 23 feet long, as measured between the front of the garage or carport and the
closest pavement edge of the shared private lane.
(3)
The maximum height allowable for a garage, carport or any accessory structure is 13
feet as determined in the Development Procedures By-law except for a garage that
contains a Garage Suite in which case the maximum height shall be 22 feet.
(4)
The cumulative gross floor area of garages, carports and any other accessory
structures on the lot shall be counted along with the gross floor area of the principal
structure in determining the maximum Lot Coverage on a lot.
2.27.1. Location on the Lot
(1)
Garages and carports shall be located in accordance with the following:
a.
When a garage or carport is built to the rear of the principal structure, it shall not
come closer than 5 feet to the side property line and 5 feet to the rear property
line unless the rear property line abuts a public lane in which case the rear yard
setback shall be 3 feet.
b.
A one (1) foot overhang is permitted within the required setbacks from the
property lines to the wall of the garage or carport posts. Eavestrough may be
added to the permitted one (1) foot overhang.
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c.
Garage or carport may be located in the front of a principal building where a lot
has frontage on a navigable waterway.
2.27.2. Attached to Principal Building
(1)
Where the garage or carport is attached to the principal building by a roof, floor
(except slab on grade or foundation), or an open or enclosed structure, the garage or
carport shall be located in compliance with the setback requirements for the principal
building as specified in the bulk table for each zone except for the driveway length
requirements as stated above in this section.
(2)
Where the garage or carport is not located to the rear of the rear wall of the principal
building, the minimum setbacks of the principal building apply to that portion of the
structure not to the rear of the rear wall of the principal building.
2.27.3. Performance Standards for Garages and Car Ports
(1)
The design of the exterior finishing materials, and construction of garages and carports
shall be to the satisfaction of the Development Officer or Council who shall require,
as far as reasonably practicable, that materials will be used which ensure that the
standard of the garage or carport will be similar to, or better than, the standard of
surrounding principal buildings.
a.
Site Plans showing the location and the exterior design of the accessory
buildings and driveways shall be submitted, reviewed and approved by the
Development Officer.
2.28 Home Enterprises
Home Enterprises are accessory land-uses to the principal land-use and are regulated in such a
manner to ensure the scale of the home enterprise does not dominate and surpass the primary,
principal land-use.
2.28.1. Requirements For All Home Enterprises
(1)
Shall be operated by an occupant of the dwelling unit.
(2)
The exterior residential character of the dwelling unit should not be altered or changed
in any way as a result of the home enterprise.
(3)
The home enterprise shall not create or become a nuisance by way of noise, fumes,
dust, odour, traffic or otherwise interfere with the enjoyment of the residential
amenities of the surrounding neighbourhood.
(4)
Where a home enterprise is located completely below the first storey of a Dwelling
Unit (other than stairways or a common landing), the below grade floor area (excluding
the area covered by stairways) shall not exceed the gross floor area of the first storey
of the associated principal dwelling.
(5)
Any portion of a home enterprise located below the first storey of a Dwelling Unit shall
not be used in calculating the maximum size of the home enterprise.
(6)
Where a home enterprise is developed completely or partially above grade, the floor
area (excluding the area covered by stairways) of the home enterprise in the principal
structure shall not exceed 25% of the gross floor area of the building containing the
associated principal dwelling, nor 400 square feet whichever is the lesser.
ZONING REGULATIONS
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TOWN OF MORRIS ZONING BY-LAW
(7)
Where a home enterprise is developed in a detached accessory building, the floor area
of the home enterprise shall not exceed the building envelope of a detached accessory
building allowed on the site.
(8)
Where a home enterprise is developed in a detached accessory building, any
overhead doors visible from an adjacent lot or site containing a residential use must
remain closed when not being used for entry or exit of vehicles.
(9)
Shall not include adult entertainment; dating and escort service; body modification;
on-site auto body painting, body repairs, or other repairs to automobiles, trucks,
boats, trailers, or motorized vehicles; vehicle towing operations; dispatch centres for
auto-oriented services; sales of firearms or ammunition; any business utilizing radio
transmission equipment; any business storing or retailing petroleum or liquefied
petroleum gas; any business storing fertilizer or dangerous goods; and any business
engaged in the sales and rental of automobiles, light trucks or motorcycles.
(10) Shall not be subject to separation from the principal dwelling through a condominium
conversion or subdivision.
(11)
Two or more home enterprises per dwelling unit may be allowed, and shall be deemed
as a single home enterprise subject to all the applicable regulations for a single home
enterprise.
(12) Should a home occupation and a home based business both be established in a
dwelling unit where the underlying zoning allows such uses, the regulations of each
type of home enterprise shall apply though the cumulative above grade floor area
shall not exceed the maximum restrictions of a home based business.
(13) May allow greenhouse, nursery and floriculture production including Food crops
grown under cover; Other food crops grown under cover; Nursery and floriculture
production; Nursery and tree production; Floriculture production but shall not allow
Mushroom production.
(14) Individuals or an immediate family member or employee(s) of the individual who sells
produce grown in Manitoba shall not require a licence, permit or approval.
(15) Customers may attend only five (5) days a week, unless otherwise noted.
(16) Not more than two (2) customers may attend at one time, unless otherwise noted.
(17) Where a home enterprise is within Setbacks from Provincial Trunk Highways and
Roads, a permit may be required from the Province to change or intensify the use of an
existing structure or to intensify the use of an existing access to a provincial highway
(excluding those portions where the local jurisdiction is responsible for access and
structure setbacks).
2.28.2. Home Occupations
(1)
Where home occupations are permitted subject to the individual zones, the following
shall apply:
a.
The maximum size of a home occupation, above grade in both principal and
accessory structures is 25% of the gross floor area of the principal building.
b.
Must not have non-resident employees.
c.
There shall be no outside storage or display of materials, containers, or finished
products, and no mechanical equipment used except that of a type used for
housekeeping purposes and/or recreational hobbies.
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TOWN OF MORRIS ZONING BY-LAW
d.
Work or activity must be conducted entirely within the principal building or
accessory building.
e.
Where a home occupation is the office of a veterinarian, physician, or dentist,
the use shall be for consultation and emergency treatment only and not as a
clinic or hospital.
f.
There shall be no signage, other than one (1) non-illuminated sign of less than
2 square feet in size, attached to the principal building, to indicate to persons
outside that any part of the dwelling is being used for a purpose other than
residential.
g.
No business related materials, including machinery or commercial vehicles, shall
be visible at any time on any lot upon which a home occupation is carried out,
nor shall any machinery or commercial vehicles be parked or stored on the lot
unless completely enclosed within a building.
h.
Where a home occupation is a Home-Based Child Care that cares for more
than four (4) children, the use must comply with the following requirements:
(i)
The provider must be a resident, and be licensed by the Province of
Manitoba under The Community Child Care Standards Act as a home-based
child care provider.
(ii) The number of children, including the caregiver's own under age twelve (12),
shall not exceed the maximum allowed by provincial standards.
(iii) An outdoor play space may be provided which shall be completely enclosed
by a fence with a minimum height of 5 ft and any gates in the fencing shall
be self-closing with a lockable latch to prevent unauthorized exiting.
(iv) Any in-ground or above-ground pools and hot tubs must be fenced
separately from the outdoor play space, and have a locked gate, or other
locked device.
(v) Must provide a pick-up/drop-off area, which may be a driveway, sufficient
to ensure the safety of people when entering and leaving the premises.
(vi) Home-Based Child Care facilities are not subject to the maximum floor area
restrictions of home occupations.
(vii) Home-Based Child Care facilities are not subject to the restrictions on the
number of customers, and may allow customers seven (7) days per week.
i.
Where a home occupation is a Bed and Breakfast, the use must comply with
the following requirements:
(i)
The bed and breakfast shall form part of a single detached dwelling, either
in the principal or accessory building.
(ii) A new bed and breakfast shall meet the provisions of the zone in which it is
located.
(iii) A bed and breakfast shall only be operated by a live-in owner with a
maximum of four (4) guest rooms.
(iv) A bed and breakfast shall not change the residential character of an existing
dwelling unit.
(v) Bed and breakfast facilities are not subject to the maximum floor area
restrictions of home occupations.
(vi) May allow customers seven (7) days per week.
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TOWN OF MORRIS ZONING BY-LAW
2.28.3. Home Based Businesses
(1)
Where home based businesses are allowed subject to the underlying zone, the
following shall apply:
a.
The maximum size of a home based business, above grade in both principal and
accessory structures, and outside of the structures shall be a cumulative 5% or
2,000 square feet, which is lesser, of the total lot area.
b.
No part of any garage or accessory building used for a home based business
shall be located closer than 20 feet from any dwelling unit (other than a dwelling
of the owner or occupant), 10 feet from the site boundary and 25 feet from a
public road.
c.
A maximum of three non-resident employees shall be permitted on site.
d.
A maximum of one licensed motor vehicle, which may be a commercial vehicle,
between 10,000 pounds and 33,000 pounds gross vehicle weight rating
(GVWR) is allowed on the lot provided that the vehicle:
(i)
Is parked further from the public road than the front wall of the structure,
(ii) Is either parked in an enclosed structure or shielded from view from
adjacent properties through the use of landscaping or fencing,
(iii) The width of the driveway, or any area dedicated to off-street parking on
the premises, shall not exceed 40% of the width of the front lot line, and
(iv) There is no semi-trailer parking or storage on-site.
e.
Sales areas are restricted to within the principal dwelling unit and accessory
buildings only with no outside display.
f.
A maximum 2% of the total lot shall be permitted to be used for outdoor storage
associated with the home based business.
g.
Outdoor storage shall be located behind the rear wall of the principal building.
For the purpose of this regulation, the rear wall of the principal building is the
wall furthest from the wall with the facade facing the fronting public road.
h.
Outdoor storage shall be screened from view from any abutting public road or
abutting property with an opaque screen or fence, with a minimum height of 6
feet.
i.
A maximum 2% of the total lot area shall be permitted to be used for outdoor
activities associated with the home based business.
j.
Outdoor activities shall be located behind the rear wall of the principal building.
For the purpose of this regulation, the rear wall of the principal building is the
wall furthest from the wall with the facade facing the fronting public road.
k.
Outdoor activities shall be screened from view from any abutting public road or
abutting property with an opaque screen or fence, with a minimum height of 6
feet.
l.
There shall be no signage, other than one (1) non-illuminated sign of less than 8
square feet in size, to indicate to persons outside that any part of the dwelling is
being used for a purpose other than residential.
ZONING REGULATIONS
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TOWN OF MORRIS ZONING BY-LAW
2.29 Fences And Hedges
(1)
Fences shall not include barbed wire fences except in Agricultural, Industrial and
Commercial Highway zones where three (3) strands of barb wire are permitted
on-top of the allowable fence height; and shall not include electric fences except in
Agricultural zones.
(2)
Fences and horticulture landscape features including hedges that create a fence like
effect, shall be permitted in all yard setbacks.
(3)
Fences and hedges in residential or commercial zones shall not be higher, measured
from the general ground level 1.6 feet back of the property line of the site on which
the fence or hedge is to be constructed, than:
a.
4 feet in a required front yard; and
b.
6.6 feet in a required side or rear yard.
(4)
Fences and hedges in any Industrial or Commercial Highway zones shall not be
higher, measured from the general ground level 1.6 feet back of the property line of
the site on which the fence or hedge is to be constructed, than:
a.
4 feet in a required front yard;
b.
6.6 feet in a required side yard; and
c.
8 feet in a required rear yard.
(5)
Notwithstanding the above, the maximum height of a fence or hedge located in an
Institutional zone, Open Space zone, Recreation zone, public utility service site, and
hazardous use shall be 10 feet.
(6)
Where a fence or a hedge (excluding agricultural operation's fencing) is located within
Setbacks from Provincial Trunk Highways and Roads, a permit may be required from
the Province.
2.29.1. Fence Design Standards
(1)
Permitted materials for the construction of fences in any zoning district shall include:
a.
Wood or PVC products;
b.
Concrete; Brick; or Ornamental block;
c.
Metal;
d.
Combination of the above materials; or
e.
Any other material, subject to an illustration by a certified engineer, architect or
landscape architect to the satisfaction of the Development Officer or Council;
and
f.
Shall not contain scrap metal or industrial waste material.
(2)
Notwithstanding the above, a snow fence is allowed to be erected on a temporary
basis between November 1 and April 15 of the following year, provided the snow
fence is properly maintained, located a minimum of 10 feet from any property line.
(3)
No fence shall be maintained or caused to be maintained in a damaged or disrepair
state or condition by reason of fire, decay or otherwise; and all fences shall be
constructed or caused to be constructed in a sound manner and shall be maintained
by painting or other suitable means, and shall be straight and true.
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TOWN OF MORRIS ZONING BY-LAW
2.30 Decks, Patios, Balconies, Patio Covers, Sunrooms, Screen Enclosures
(1)
Unenclosed decks, patios and balconies, shall be permitted in any front, side yard or
rear yard setback when 4 feet or less in height as measured from the ground to the
deck floor.
(2)
Covered decks, patios and balconies shall be permitted in any front, side yard or rear
yard setback when 4 feet or less in height as measured from the ground to the deck
floor.
(3)
Enclosed decks, patios and balconies with sunroom or screen enclosures shall have the
dimensional standards of the principal building apply when attached to the principal
building; and the dimensional standards of detached accessory structures apply when
detached from the principal building.
Figure 6.
Typical Deck Elevation Plan
2.31 Pools And Hot Tubs
Private swimming pools and hot tubs shall comply with the regulations listed hereunder.
2.31.1. Encircling Fence
(1)
Shall be completely enclosed by a fence with a minimum height of 6 feet, or a
sunroom, and shall comply with The Manitoba Building Code.
(2)
A principal or accessory building may be utilized to effectively enclose any pool.
(3)
Any gates in the fencing shall be a minimum height of 5 feet and shall be self-closing
with a lockable latch a minimum of 2 feet above ground to prevent unauthorized entry.
ZONING REGULATIONS
29
TOWN OF MORRIS ZONING BY-LAW
(4)
Fencing and gates must be constructed in a manner to prevent a child from crawling
underneath to access the yard.
(5)
Fencing shall be so constructed that all horizontal or diagonal structural members shall
be located on the inside or pool side of the fence.
(6)
A hedge shall not be used as or considered to be a fence for the purpose of this
section.
2.31.2. Location on Site
(1)
Shall provide a minimum of 2 foot rear and side yards setbacks.
2.31.3. Setbacks for Pool Equipment
(1)
Pool filters, pumps and heaters and the like may project into any side or rear yard
setback provided that the projection is not closer than 1 foot from the side or rear
site line, and the minimum distance from filters, pumps, heaters, or related equipment
to an operable window of a habitable room on an adjoining lot is 10 feet (measured
laterally).
2.32 Lighting
(1)
Lighting requirements are:
a.
Wall mounted lights must have fully shielded luminaries to direct light
downward;
b.
No owner may install or maintain a light source that is directed outward toward
property boundaries or adjacent rights-of-way;
c.
Lighting must be directed downward except for low-voltage architectural,
landscape and decorative lighting, which is subject to subsection below;
d.
Architectural, landscape and decorative lighting may be directed upward to
illuminate flags, statues or any other objects but must use a narrowly directed
light whose light source does direct light onto adjacent residential properties;
e.
All light sources must be shielded to prevent glare; and
f.
Lighting used to illuminate accessory off-street parking areas shall be arranged
and shielded so as not to reflect directly onto residential lots.
2.32.1. Height of Light Standards
(1)
Within any residential zoning district, the maximum permitted height of light poles is 20
feet.
(2)
Within any commercial or manufacturing zoning district, the maximum permitted
height of light poles is 25 feet when within 50 feet of residential uses.
2.32.2. Prohibited Lighting
(1)
No person shall install or maintain strobe lights that are visible from another property,
unless required by a governmental aviation authority.
(2)
No person shall install or maintain red, blue, or yellow rotating lights designed to imitate
lighting on police, fire, or emergency vehicles that are visible from another property.
ZONING REGULATIONS
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TOWN OF MORRIS ZONING BY-LAW
2.33 Apiculture (Beekeeping)
(1)
The maximum density of bee colonies shall be relative to lot size using Table 2:
Recommended Maximum Density Of Bee Colonies.
(2)
The following requirements must be met for Beekeeping:
a.
In non-Agricultural zones, beehives, also known as apiaries, shall only be sited in
the rear yard.
b.
In non-Agricultural zones, the setback distance from all property lines for
beehives cannot be less than 25 feet.
c.
In non-Agricultural zones, beehives shall maintain a minimum setback distance of
82 feet from all structures (other than a dwelling of the owner or occupant).
d.
In non-Agricultural zones, beehives shall be on a site or in a yard completely
encircled by a fence or a hedge with a minimum height of 6 feet, when the
beehive is less than 82 feet from a property line. A principal or accessory
building may be utilized as a part of the encircling fence to enclose the
beekeeping structures.
e.
Beehives shall be permitted as a Conditional Use within Institutional and Parks
and Recreational zones.
Table 2.
Maximum Density Of Bee Colonies
Lot/Acreage
Number of Bee Colonies
(a)
Up to 1/4 acre
(1/4 acre=10,890 sq. ft., roughly 50 ft. x 215 ft.)
2 hives plus 1 nucleus hive
(b)
More than 1/4 acre, less than 1/2 acre
(1/2 acre = 21,780 sq. ft., roughly 100 ft. x 218 ft.)
4 hives plus 1 nucleus hive
(c)
More than 1/2 acre, less than 1 acre
(1 acre = 43,560 sq. ft., roughly 150 ft. x 290 ft.)
6 hives plus 1 nucleus hive
(d)
1 acre or more
8 hives plus 1 nucleus hive
2.34 Hobby Farms
2.34.1. Animal Keeping, Farm Animals
These are regulations for the hobbyist or backyard farmer on the management of small herds and
flocks of farm animals less than 10 Animal Units; it is not intended as a regulation for large-scale
or commercial livestock operations, or the management of special events such as the Manitoba
Stampede, and it is not deemed an 'agricultural operations' or an 'agri-business' as defined under
this Zoning By-law.
(1)
The following applies for calculating the number of animals in the categories of
livestock as well as other farm animals:
ZONING REGULATIONS
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TOWN OF MORRIS ZONING BY-LAW
a.
Two (2) Animal Units equals:
(i)
Sixteen (16) Chickens.
(ii) Six (6) Turkeys.
(iii) Two (2) Horses.
(iv) One (1) Cattle
(v) Two (2) Sheep.
(vi) Sixteen (16) Ducks.
(vii) Sixteen (16) Geese.
(viii) Four (4) Goats.
b.
The total number Animal Units of livestock, cumulative across species, is limited
to a maximum of 10 Animal Units as a Conditional Use.
c.
No Animal Units of livestock as prescribed in Table 3, shall be allowed on a lot
size less than 5.0 acres.
d.
Not more than four (4) Animal Units of livestock, cumulative across species,
shall be allowed on the first 5.0 acres with 0.5 Animal Units allowed for every
additional acre to a maximum of 10 Animal Units.
(2)
The following regulations apply for governing Animal Keeping sites:
a.
Any ground-level structure intended for the keeping of Farm Animals or waste
storage areas shall maintain a minimum setback distance of 82 feet from any
dwelling unit (other than a dwelling of the owner or occupant), 15 feet from the
site boundary and 164 feet from a public road.
b.
Farm Animal feed must be properly stored in enclosed vessels, and areas or
enclosures intended for the keeping of animals must be properly cleaned and
maintained to prevent odours from spreading onto abutting properties.
c.
Farm Animals (with the exception of household pets) shall be kept enclosed by
fences or corrals, which may be non-opaque.
d.
Animal Keeping, Farm Animals may be allowed in association with a Home
Enterprise.
2.34.2. Private Stables
(1)
Private stables for horses may be allowed as an Accessory Structure subject to the
following conditions:
a.
The maximum number of horses shall be one horse per two and a half acres of
site area to a maximum of 20.0 acres and 8 horses.
b.
The animal shelter (stable) and the manure storage area shall maintain a
minimum setback distance of 164 feet from any dwelling unit (other than a
dwelling of the owner or occupant), 50 feet from the site boundary and 164 feet
from a public road.
c.
Horses shall be kept enclosed by fences or corral, which may be non-opaque.
d.
Horse enclosures, paddock, corrals, or exercise yards shall maintain a minimum
setback distance of 164 feet from any dwelling unit (other than a dwelling of the
owner or occupant).
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TOWN OF MORRIS ZONING BY-LAW
2.34.3. Equestrian Establishments
(1)
Equestrian Establishments may be allowed as a Home Based Business subject to the
following conditions:
a.
A maximum of three non-resident employees shall be permitted on site.
b.
The hours of operation must be limited to between 9:00 am and 6:00 pm; six (6)
days a week.
c.
Students may attend the home based business only six (6) days a week.
d.
Not more than three (3) students for every one (1) horse may attend at one
time.
e.
There shall be no signage, other than a non-illuminated sign of less than 16
square feet in size, to indicate to persons outside that any part of the dwelling is
being used for a purpose other than residential.
f.
The requirements of Private Stables shall apply.
Table 3.
Animal Units by Category of Livestock
Animal
Type
Animal Units
(AU) Produced
by One
Animal
Number of
Animals
to Produce
One AU
(a)
Dairy
(i)
Milking Cows
2
0.5
(b)
Beef
(i)
Beef Cows
1.25
0.8
(ii) Backgrounder
0.5
2
(iii) Summer pasture/ replacement heifers
0.625
1.6
(iv) Feeder Cattle
0.769
1.3
(c)
Hogs
(i)
Sows, farrow to finish
1.25
0.8
(ii) Sows, farrow to weanling
0.25
4
(iii) Sows, farrows to nursery
0.313
3.2
(iv) Weanlings
0.033
30
(v) Growers / finishers
0.143
7
(vi) Boars (artificial insemination operations)
0.2
5
(d)
Chickens
(i)
Broilers
0.005
200
(ii) Roasters
0.01
100
(iii) Layers
0.0083
120
(iv) Pullets and Broiler Breeder Pullets
0.0033
300
(v) Broiler Breeder Hens
0.01
100
(e)
Turkeys
(i)
Broilers and Heavy Hens
0.01
100
(ii) Heavy Toms
0.02
50
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TOWN OF MORRIS ZONING BY-LAW
Animal
Type
Animal Units
(AU) Produced
by One
Animal
Number of
Animals
to Produce
One AU
(f)
Horses
(i)
Mares, including associated livestock
1.333
0.75
(ii) Large
1
1
(iii) Small to medium
0.667
1.5
(iv) Miniature
0.222
4.5
(g)
Sheep
(i)
Ewes, including associated livestock
0.2
5
(ii) Feeder Lambs
0.063
16
(h)
Alpacas
(i)
Llamas and associated livestock
0.17
6
(i)
Bison
(i)
Cows and associated livestock
1.25
0.8
(j)
Ducks
(i)
Growing for meat
0.017
58
(ii) Mature
0.024
42
(k)
Emu
(i)
Emu and associated livestock
0.06
16
(l)
Geese
(i)
Growing for meat
0.024
42
(ii) Mature
0.045
22
(m) Goats
(i)
Miniature
0.22
4.5
(ii) Mature
0.14
7
(iii) Goats and associated livestock
0.2
5
(n)
Mink
(i)
Minks and associated livestock
0.005
219
(o)
Ostrich
(i)
Ostriches and associated livestock
0.14
7
(p)
Ponies
(i)
All
0.4
2.5
(q)
Rabbits
(i)
Does and associated bucks and litters
0.1
10
Source: Appendix 2, Provincial Planning Regulation 81/2011 THE PLANNING ACT (C.C.S.M. c. P80).
PARKING, LOADING, AND SIGNAGE
34
TOWN OF MORRIS ZONING BY-LAW
3.0
PARKING, LOADING, AND SIGNAGE
3.1
Minimum Parking Requirements
(1)
Accessory off-street parking spaces shall be provided according to the minimum
number of spaces as calculated for uses within the Zones and Use Categories
indicated in Table 4: Required Parking Stalls by taking the number of units for
residential uses; the number of classrooms; or the floor area and multiplying by the
required number of parking stalls.
(2)
All accessory off-street parking spaces shall be located on the same site as the
principal use, unless specifically permitted to locate elsewhere.
(3)
There are no parking requirements for zones or land-uses not in Table 4: Required
Parking Stalls.
Table 4.
Required Parking Stalls
Zone
Required Parking Stalls
(a)
IN
(i)
Elementary School: 1.5 per classroom (includes portables).
(ii) Secondary School: 4 per classroom (includes portables).
(iii) Other Educational: 3.4 per 1,075 square feet of gross floor area.
(iv) Hospitals: 1 per 1,075 square feet of gross floor area.
(v) Community Care Facilities and Nursing and Residential Care Facilities: 0.25 per
sleeping unit or 4 beds plus 1 per 1,075 square feet of floor area used for medical,
health or personal services.
(b)
R1
(i)
1 per unit.
(c)
R2
(i)
1 per unit for 2 units or less.
(ii) 0.66 per unit for 3 units.
(iii) 0.8 per unit for 4 units or more.
(iv) Community Care Facilities and Nursing and Residential Care Facilities: 0.25 per
dwelling unit or per sleeping unit, plus 1 per 1,075 square feet of floor area used for
medical, health or personal services.
(d)
CM,
CH, M
(i)
0.8 per 1,075 square feet of gross floor area.
3.1.1.
Existing Use
(1)
Where an existing building is enlarged or altered, or a change in use occurs that results
in a more intensive use, adjustments for parking shall be made accordingly.
(2)
Where a building or use lawfully existed before enactment of this By-law, the existing
provision of parking spaces shall not be affected by enactment of this zoning unless a
change as per (1) above occurs, at which time adjustments for parking spaces shall be
made according to the requirements contained herein.
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TOWN OF MORRIS ZONING BY-LAW
3.1.2.
Parking Requirements Based on Floor Area
(1)
Where parking requirements are based on the "floor area" of the use, the term "floor
area" in this section means the gross floor area of the principal building, excluding:
a.
Any area used for parking within the principal building.
b.
Any area used for incidental service storage, mechanical equipment, or similar
uses.
c.
Any area used for bicycle parking.
d.
Residential dwelling units.
3.1.3.
Minimum Visitor Parking
(1)
Visitor parking shall be provided for the following:
a.
Apartment Dwellings, Multiple Attached Dwellings, Stacked Dwellings, Bungalow
Clusters, and Bungalow Courts with 12 or more dwelling units on one lot shall
provide a minimum visitor parking of 0.3 spaces per dwelling unit.
b.
Community Care Facilities and Nursing and Residential Care Facilities where
the minimum visitor parking shall be 0.2 spaces per dwelling unit or for every 4
sleeping units when there are 14 or more required parking stalls.
3.2
Parking Reductions
The following may be used to reduce the required number of parking spaces:
3.2.1.
Main Streets and Heritage Resource Uses
The areas designated Commercial Main Street in the Development Plan; and buildings, structures
or land-uses identified as Heritage Resource Uses may reduce the required parking spaces as
follows:
(1)
When any building, structure, or use in existence prior to the adoption of this By-law is
subsequently damaged or destroyed, and is reconstructed, re-established, or repaired,
the accessory off-street parking or loading spaces maintained at the time of such
damage or destruction may be restored or continued in operation.
(2)
When a new use commences in an existing building, no additional parking is required.
(3)
When a new building is erected or an existing building's gross floor area is expanded,
no additional parking is required.
(4)
When a new building is erected on a parking area in existence at the time of this
By-law the former land users' dependent on said parking area shall not be required
to meet the minimum parking requirements and shall not need to provide any new
parking areas.
(5)
Parking, loading and service areas shall be located to the rear of the rear wall of the
principal building.
3.2.2. Combination of Uses
(1)
Where more than one type of principal use is located within a single building (for
example: retail and service uses in a hotel or office building, or offices combined
with warehousing uses), the number of parking spaces required is reduced to 80%
of the aggregate of the accessory off-street parking spaces required for each use
established on the zoning lot.
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3.3
Parking Stall Widths and Lengths; and Aisle Specifications
(1)
All off street parking areas and spaces and below grade parking areas and spaces
shall be designed, constructed and maintained in accordance with Table 5: Parking
Stall Widths and Lengths; and Aisle Specifications and the following provisions:
a.
Each regular or angled parking space shall have a minimum width of 8 feet and
a minimum length of 20 feet, and shall be visibly designated and marked except:
(i)
Parking stalls abutting side-by-side with a fence, property line or wall shall
be a minimum of width of 10 feet.
(ii) A maximum of 25% of the total number of parking stalls without direct
access to a public lane for non-residential uses, and a maximum of 33%
of the total number of parking stalls without direct access to a public lane
for multi-family residential uses, may be reduced in length to 16 feet and
designated for small cars only.
b.
Each parallel parking space shall have a minimum width of 9.5 feet and a
minimum length of 23 feet.
c.
Driveways used for ingress and egress hall be clearly marked.
Table 5.
Parking Stall Widths and Lengths; and Aisle Specifications
Angle of Parking
Spaces
i. Parking Space
Width (Minimum) feet
ii. Parking Space
Length (Minimum)
feet
iii. Aisle Width
(Minimum) feet
(a)
61° - 90°
8
20
20
(b)
46° - 60°
8
20
18
(c)
Less than 45°
8
20
12
(d)
Parallel
9.5
23
10
Figure 7.
Parking Stall and Aisle Way Dimensions, Angled
Figure 8.
Parking Stall and Aisle Way Dimensions, Parallel
Figure 9.
Parking Stall and Aisle Way Dimensions, 90o
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3.3.1.
Accessible Parking Spaces
(1)
Accessible parking spaces shall be provided for all land-uses [except for R1, and R2]
when vehicle parking is being provided voluntary; or when vehicle parking is provided
as a requirement under this By-law, results in 11 or more parking stalls.
(2)
The provision of accessible parking spaces shall be counted towards the required
number of parking spaces when vehicle parking is required as per this By-law.
(3)
The number of accessible parking spaces shall be in accordance to the minimum
number of spaces specified by Table 6: Accessible Parking Stall Requirements.
(4)
Each accessible parking space shall have a minimum width of 12 feet and a minimum
length of 20 feet.
(5)
Accessible parking spaces shall be located within 200 feet of the principal building's
main entrance normally used by employees, or the public.
(6)
Accessible spaces must be clearly marked and reserved for the exclusive use of people
with mobility issues.
(7)
At least 1 curb ramp must be located
within 200 horizontal feet of the auto
parking space closest to each entrance
to a principal or accessory building that is
not a service entrance.
(8)
If two adjacent spaces are designated
for barrier-free, then the total width of
both spaces together shall be 20 feet
if a 4 foot aisleway separates the two
spaces.
(9)
For every 50 parking stalls in a parking
area, there shall a barrier-free parking
stall [to service a van] that should be 8
feet in width with an abutting 8 foot
wide aisleway on the driver side.
Table 6.
Accessible Parking Stall Requirements
Capacity of Public Parking Area
(Number of Parking Spaces)
Minimum Number of
Barrier-Free Parking Spaces
(a)
1-10
0
(b)
11-25
1
(c)
26-50
2 [one being van accessible]
(d)
51-75
3 [one being van accessible]
(e)
76-100
4 [two being van accessible]
(f)
More than 100
3% total a maximum of 10 spaces with 5 being van accessible
Figure 10.
Accessible Parking Stall and Walk
Aisleway Dimensions
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3.4
Parking and Storage of Boats, Recreational Vehicles and Trailers
Parking and storage of boats, recreational vehicles, trailers and similar vehicles shall be permitted
in any zone subject to the following provisions:
(1)
The regulations of this section do not apply to any recreational vehicles or trailers
parked or stored within a campground.
(2)
The regulations of this section do not apply to any boats or trailers parked or stored
within a marina, or boat sales or commercial storage, or in conjunction with any
permitted dock, boat house or boat port on the same lot.
(3)
Boats, recreational vehicles, trailers or similar vehicles shall not be parked or stored
long-term in any commercial zone, unless commercial storage or commercial sales are
permitted.
(4)
Boats, recreational vehicles, trailers or similar vehicles shall not be parked or stored
long-term in any portion of a front yard.
(5)
Any recreational vehicle or trailer shall not be occupied while parked or stored on a
residential zoned lot.
(6)
Boats, recreational vehicles, trailers or similar vehicles shall be parked or stored in an
interior side or rear yard provided that the boat, recreational vehicle, trailer, or similar
vehicle is set back a minimum of 2 feet from any lot line, and the line dividing the side
yard from the front yard, and shall be visually buffered from the view of a public road
and abutting properties.
(7)
Any number of boats, recreational vehicles, trailers or similar vehicles, together not
exceeding a total length of 36 feet may be stored in an interior side or rear yard in any
residential, rural residential or rural zone, provided that the boat(s), recreational vehicles
or trailers being stored are setback a minimum of 2 feet from any lot line and the line
dividing the side or rear yard from the front yard.
(8)
Notwithstanding any other provision in this Zoning By-law, boats, recreational
vehicle and trailer storage shall be permitted in a driveway for Single Detached,
Semi-Detached, Duplex and Triplex Dwellings only between May 1st and October
31st.
3.5
Parking and Storage of Large Vehicles in Residential Zones
(1)
A maximum of one (1) large vehicle may be parked or stored in a R1 or R2 zone,
provided that the large vehicle has a Gross Vehicle Weight Rating (GVWR) between
10,001 lbs and 19,500 lbs, and the large vehicle is operated by the resident of the
associated dwelling unit on the lot.
3.6
Parking and Storage of Unlicensed Motor Vehicles
(1)
Unless otherwise specifically permitted in this By-law, the parking, storing or locating of
abandoned, wrecked or discarded motor vehicles; and motor vehicles without current
license plates is prohibited in residential zones, except that:
a.
Motor vehicles may be stored inside a private garage;
b.
One such vehicle may be stored In a screened area not visible from any street or
adjacent lot;
c.
Boats, recreational vehicles, trailers or similar vehicles as prescribed elsewhere in
this By-law.
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TOWN OF MORRIS ZONING BY-LAW
3.7
Parking Standards for Residential Zones
(1)
Motor vehicle parking on residential zoned lots with dwelling units, except for
Apartment dwellings, must meet the following requirements:
a.
Motor vehicles may be parked on a driveway, such driveway must be a
minimum of 23 feet in length:
(i)
in the front yard leading to a parking space inside an attached garage;
(ii) in the front yard leading to a parking space in the side yard leading to a
parking space, detached or attached garage next to the principal building;
(iii) in the rear yard as accessed directly from a public lane at the rear of the
dwelling; or
(iv) in the rear yard as accessed directly from a public road at the side of the
dwelling.
(2)
Motor vehicle parking on residential zoned lots with Apartment dwellings must meet
the following requirements:
a.
A surface parking area having eight or more parking spaces and which is visible
from an abutting public right-of-way, the perimeter of the parking area shall be
screened from public view with an opaque fence or shrubs (minimum mature
height of 2.6 feet) planted one every 2 feet on centre in a 3 foot wide planting
bed which extends the length of the parking area public road frontage; and
b.
Where, because of conditions not conducive to good horticultural practices, a
screen planting cannot reasonably be expected to survive, the Development
Officer shall require a masonry wall, wood fence or earth berm, or combination
thereof, to be substituted for the requirements above.
(3)
Parking spaces in R1 or R2 zones may be accessed directly from a rear public lane, and
the public lane considered as an aisleway for the parking space.
(4)
The following provisions shall apply to residential uses that are permitted in the
Residential Zones in this By-law:
c.
The maximum width of driveways shall be 20 ft in R1;
d.
The maximum width of any abutting shared driveways along a common lot line
shall be 30 feet;
e.
The maximum width of a driveway cannot exceed 40% of the lot frontage, or 32
feet, whichever is less in the R2 zones; and
f.
The minimum separation distance of 50 feet shall be required between two
driveways on one lot.
(5)
Parking accessory to Single Detached, Semi-Detached, Duplex, Triplex and Quadplex
Dwellings shall be limited to a maximum of 6 passenger vehicles, which shall be
substituted when any of the following is also parked on the site:
a.
A maximum of 1 travel trailer or 1 motor home; or 1 recreational vehicle;
b.
A maximum of 1 truck having a registered gross vehicle weight between 10,001
pounds and 19,500 pounds; or
c.
A maximum of 1 truck with a registered gross vehicle weight greater than 10,001
pounds and less than 33,000 pounds where permitted in the underlying zoning.
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3.8
Parking Standards for Non-Residential Zones
(1)
Motor vehicle parking non-residential zoned lots must meet the following requirements:
a.
A parking area having eight or more parking spaces and which is visible from an
abutting fronting or flanking public right-of-way on a corner lot, the perimeter
of the parking area shall be screened from public view with an opaque fence or
shrubs (minimum mature height of 3 feet) planted one every 2 feet on centre in
a 4 foot wide planting bed which extends the length of the parking area public
road frontage or flankage except where motor vehicles access the parking area
via a driveway or rear public lane;
b.
Where, because of conditions not conducive to good horticultural practices, a
screen planting cannot reasonably be expected to survive, the Development
Officer shall require a masonry wall, wood fence or earth berm, or combination
thereof, to be substituted for the requirements above; and
c.
Parking spaces in CM Zones may be accessed directly from a rear public lane,
and the public lane considered as an aisleway for the parking space.
3.9
Outside Vehicle Display Areas
(1)
If a surface parking area is used as a vehicle display area for the exhibition, sale, or
rental of automobiles, light trucks, motorcycles, boats, recreational vehicles, off-road
vehicles, or similar items, the owner must comply with the following additional
provisions. In the event of a conflict between these provisions and other provisions of
this By-law, these provisions shall prevail:
a.
A minimum two (2) ft setback from the property line must be maintained when
abutting a public right-of-way or an adjacent property;
b.
A wheel stop must be installed with a minimum of 2.5 feet setback minimum
from the property line when abutting a public right of way. The intent is to
prevent vehicle overhang onto public right of ways or sidewalks. Bollards can be
used as an alternative, which may allow better pedestrian circulation;
c.
All outdoor vehicle display areas that abut a Residential Zone shall be obscured
from direct view by providing a visual screen at least 4 feet in height; and
d.
The size, location, screening and landscaping of the outdoor vehicular display
areas for Automotive and Minor Recreational Vehicle Sales/Rentals shall be
subject to the approval of the Development Officer, who shall ensure that
development of the site is compatible with the appearance of site design of
surrounding developments.
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3.10 Outside Storage
(1)
No rubbish, salvage materials, junk, hazardous waste materials, including inoperable
vehicles and parts thereof and any combustible matter shall be openly stored, allowed
to accumulate or kept in the open unless the underlying zoning allows for such a use
and the outside storage is screened from view from any public roadway, and from
adjacent sites, by building walls, landscape materials, berms, fences or a combination
of these.
(2)
A portion of a site or an entire site with storage of goods or vehicles outside of
enclosed structure shall be surrounded by a fence of solid opaque materials of not less
than 6.6 feet and up to a maximum height of 8 feet where such property abuts or is
adjacent to a residential zone when the underlying zoning allows outside storage.
(3)
If an outside storage area is used only for outside storage, and not for operations and
maintenance related to the principal use or structure, the outside storage area must be
located to the rear of a line adjacent to and parallel with the rear wall of the principal
building.
(4)
If the outside storage area is also used for operations and maintenance related to the
principal use or the structure, then the outside storage area must be located to the rear
of a line adjacent to and parallel with the rear wall of the principal building.
(5)
Outside storage of sand, gravel, soil, or other loose aggregate is prohibited within 300
feet of the boundary of any residential zone.
(6)
Outside storage areas shall be surfaced with the same or similar material of the public
right-of-way to which the outside storage area takes access from.
(7)
Outside storage is not permitted in any required yard setbacks.
(8)
All loading, service, garbage and recycling, outside storage areas, and approach
aprons in industrial and commercial zones shall be located to the rear or sides of the
principal building, and shall be screened from view from any public roadway, and from
adjacent sites, by building walls, landscape materials, berms, fences or a combination
of these.
(9)
The size, location, screening and landscaping of the outdoor storage areas for a
principal or accessory use shall be subject to the approval of the Development Officer,
who shall ensure that development of the site is compatible with the appearance of
site design of surrounding developments.
3.11 Outside Storage of Hazardous Uses [Dangerous Goods]
(1)
No commercial-related or industrial-related dangerous goods, including Anhydrous
Ammonia Facilities, shall be stored in significantly large quantities in a location within
the following Measurement of Distances:
a.
5,000 feet from any building that has under The Manitoba Building Code or The
Manitoba Fire Code, an Occupancy Class of Group A (Division 1, 2, and 3); Group
B (Division 1, 2, and 3), and Group C.
b.
5,000 feet from a Water Treatment Plant, and property line with the wells that
provide the raw water to a Water Treatment Plant.
c.
2,500 feet from the boundaries of an Urban Area and Open Space Area as
defined in the Development Plan.
d.
1,640 feet from a building with habitable spaces.
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e.
300 feet from the edge of the rights-of-way of Provincial Trunk Highways,
Provincial Roads as well as all Provincial Access Roads.
f.
5,000 feet from the ordinary high water mark of the Red River.
(2)
In this section, the Measurement of Distances means the distance is to be measured
from:
a.
The dangerous goods storage container of the dangerous good.
b.
When applicable, from the dangerous goods storage container to the nearest
wall of a residential, commercial, institutional or industrial building.
(3)
For sites that do not meet separation requirements above, the operators must engage
annually with the Development Officer regarding emergency preparedness sessions,
and any further expansion or enlargement shall require a Conditional Use.
(4)
Notwithstanding other provisions of this by-law, all sites with the outside storage of
dangerous goods shall be encircled with a minimum 6.6 foot high chain link fence with
three strands of barbed wire, and shall provide means of emergency egress and be
locked when the site is not in use.
(5)
All sites with the storage of dangerous goods shall have some form of outdoor security
lighting.
(6)
All sites with the storage of dangerous goods must be posted with a Dangerous
Goods warning signage approximately 16 to 32 square feet in size and located at the
entrance to the storage operation that includes the following:
a.
Warn of the presence of dangerous goods;
b.
The hazard class of dangerous goods is indicated either by its class (or division)
number or name;
c.
24 hour contact for the company;
d.
24 hour contact for emergency services; and
e.
Nearest Location of a publicly available phone.
3.12 Loading Space Requirements
(1)
All loading spaces shall be designed, constructed and maintained in accordance with
the following provisions:
a.
Each loading space shall have a minimum width of 10 feet, a minimum length of
30 feet and a minimum vertical clearance of 14 feet, and each space shall be
visibly designated and marked.
b.
Driveways used for ingress and egress shall be clearly marked.
c.
Loading spaces shall not be located within any required front or exterior side
yards, and shall not overlap with any required parking spaces, drive ways, or
aisleways.
d.
Where a loading space is located in any yard abutting a residential zone, the
loading space(s) must be screened from the residential area by an opaque fence
or hedgerow of at least 6.6 feet in height.
e.
Where a loading space is located in any yard abutting public right-of-way(s), the
loading space(s) must be screened from the public right-of-way(s) by an opaque
fence or hedgerow of at least 6.6 feet in height, except in a corner sight triangle
area where the height of the screening and fencing shall next exceed 3 feet.
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(2)
The number of loading spaces shall be in accordance to the minimum number of
spaces specified under Table 7: Loading Space Requirements for all commercial,
industrial and institutional zones excluding the CM Zone:
Table 7.
Loading Space Requirements
Floor Area of Building
Minimum Number of Loading Spaces
(a)
Up to and including 5,000 square feet
0
(b)
5,001 square feet up to and including 15,000
square feet
1
(c)
15,001 square feet up to and including 40,000
square feet
2
(d)
Over 40,000 square feet
1 space for each additional 25,000 square feet or
portion thereof
3.13 Surfacing of Parking and Loading Areas
(1)
All accessory off-street parking and loading areas, including the entrances and exits,
aisleways and maneuvering areas, shall be maintained with a stable hard surface,
such as crushed stone, gravel, crushed brick or tile, cinders, paving stones, asphalt or
concrete.
(2)
Off-street parking and loading spaces provided in front of the principal building shall
have the same or similar hard surfacing as the abutting public right-of-way the site
abuts.
(3)
Off-street parking shall have the same or similar hard surfacing as the abutting public
right-of-way the site abuts.
3.14 Drive-Through Facility
(1)
Where a drive-through facility is allowed, off-street motor vehicle queuing spaces
must be provided for that drive-through facility leading both to and from each service
bay, window, kiosk or booth for the uses specified and at the rate set out in Table 8:
Required Drive-Through Queuing Spaces.
(2)
All drive through facilities and queuing spaces shall be designed, constructed and
maintained in accordance with Table 8 and the following provisions:
a.
Each queuing space shall be a minimum of 10 feet in width and 18 feet in length.
b.
No queuing line, drive-through window or order board may be located within 10
feet of any lot line abutting a residential zone.
c.
Where a queuing line, drive-through window or order board is within a yard
abutting a residential zone, it must be screened from view from that residential
zone by an opaque screen of fencing; or landscaping with hedges and/or trees,
with a minimum height of 5 feet.
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Table 8.
Required Drive-Through Queuing Spaces
Use
Minimum Queuing Space
Measured From
(a)
Car Wash - Automatic
3
2 before the entrance to wash, plus one
between vehicle exit from each bay and the
point of vehicle egress to the public street.
(b)
Car Wash - Self
Service
2 per bay
One before the entrance to each bay, plus
one between vehicle exit from each bay and
the point of vehicular egress to the public
street.
(c)
Finance and Insurance
with automated teller
machine (ATM)
3 before each ATM
One after each ATM
Teller window or ATM.
(d)
Restaurant with drive-
through facility
6 per order line
3 before order box
3 between order box and pick-up window.
(e)
Other uses
with accessory
drive-through facility
2
Pick-Up Window
3.15 Signage Regulations
The following provisions shall apply to all signs erected or maintained within the area covered by
this Zoning By-law, except wherein otherwise stated:
(1)
Signs and sign structures may be allowed as accessory uses in accordance with Table
9: District Specific Sign Regulations.
(2)
All signs shall comply with the minimum yard setback requirements for accessory signs
as provide in this by-law for the zoning district in which the signs are to be located or
erected.
(3)
Billboards and other signs directing attention to a business, commodity or message
offered elsewhere than upon the same zoning lot on which that sign is located may
only be allowed in zones where Advertising Signs are allowed. Such signs must
also be constructed in accordance with Table 9, and subject to the issuance of a
development permit.
(4)
All new digital signs are Conditional Uses that are subject to Council approval, and
include the following additional requirements:
a.
Limited to a total surface area of a maximum of 16 square feet.
b.
Must be turned off from 10:00 pm to 7:00 am every day of the week; and
c.
Must utilize automatic dimming.
(5)
No sign or sign structure shall be erected at any location where it may interfere with or
obstruct the view of any street, intersection or railroad grade crossing, or be confused
with any authorized traffic sign, signal or device. No rotating beam, beacon or flashing
illumination resembling an emergency light shall be used in connection with any sign
display.
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(6)
No sign may contain flashing lights or digital images unless specifically allowed in
Table 9. All signs with flashing lights are prohibited within 100 feet of Residential Zones.
(7)
No sign or sign structure shall be erected or maintained on, over or above any
land belonging to the Municipality without a development permit, unless expressly
permitted in this By-law and in accordance with the conditions of such permission as
set out in this By-law.
(8)
The placing of signs within the controlled areas of a Provincial Road or Provincial Trunk
Highway shall require a permit from the applicable provincial authority.
(9)
All signs and sign structures shall be kept in good repair and in a proper state of
preservation.
Abandoned Signs
(10) Signs which have become obsolete because of discontinuance of the operation or
activity, or are not maintained in good condition or repair, or have become abandoned
signs, shall be repaired, removed or relocated within 30 days following notice by the
Development Officer.
(11)
No sign shall obstruct required parking space, or impedes any fire escape, fire exit, fire
route, functional door, false door, functional window, false window, scuttle, skylight,
flue or air intake or exhaust so as to prevent or impede the free access of emergency
personnel to any part of premises including fire department Siamese connections and
fire hydrants.
3.15.1. Signs Not Requiring a Development Permit
The following signs shall not require a development permit. However, they must still comply with
any applicable standards in this By-law:
(1)
Signs posted by duly constituted public authorities in the performance of their public
duties.
(2)
Identification signs for Place of Worship, Elementary and Secondary Schools,
Community Centre, Child Day-Care Services, Community Gardens, and Waste
Disposal Grounds that do not exceed 32 square feet per site.
(3)
Flags or emblems of a national, provincial, political, civic, educational or religious
organization, or government.
(4)
Commemorative or memorial signs, tablets, or cairns.
(5)
Public Information Signs.
(6)
Temporary signs not erected for not more than 30 consecutive days that are
non-illuminated and less than 32 square feet include: community special events, public
information signs, real estate signs, construction signs, garage sale signs and similar
located, erected or displayed with the consent of the property owner.
(7)
Election signs during Federal, Provincial, Municipal, and School Board election periods
and up to 7 days after the election date.
(8)
Window signs, unless such signs occupy more than 50% of a window surface
(calculated between mullions) on any facade of the principal building in which case
they are treated like a fascia sign.
(9)
Mural signs.
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(10) Awning signs with signage incorporated in the design or awning material.
(11)
Residential on-site identification signs [Building Address Sign] or warning signs (such as
"Private Property" signs and similar) not exceeding two (2) square feet each in surface
area.
(12) Signs as regulated and provided under Home Enterprises that identify a home
occupation or a home based business on a private property or premises.
(13) Signs required for direction and convenience of the public, including signs identifying
restrooms, parking entrances, loading areas not exceeding 5 feet in sign surface area
to a maximum 6 feet above the curb or grade.
(14) Warning signs for Dangerous Goods provided the sign surface area does not exceed
32 square feet.
3.15.2. Accessory Signs
(1)
The owner may erect and maintain accessory signs, except billboards, to all sites and
uses other than any residential zone subject to the following standards:
a.
Freestanding Signs
b.
Up to 10% of the maximum permitted sign area of any freestanding sign may be
installed on the support structure for the sign face.
c.
Each free-standing accessory sign must be set back from each side lot line of
an adjoining use a distance equal to at least 50% of the height of that sign;
setback from the front lot line to at least 50% of the height of that sign; and shall
not project into the required setback for corner lot triangles and Setbacks for
Commercial or Industrial Near Residential Land-Uses.
Roof Signs
d.
Roof signs, other than signs on mansard style roofs, are not permitted. On
mansard roofs, roof signs may be attached to the sloping portions of the roof,
but must not extend beyond the parapet height, and must not be located on the
horizontal portion of the roof.
Fascia Signs
e.
Fascia signs may have an emblem, logo, or other unique features projecting above
the building wall if the sign projection is not more than 2 feet above the building
wall or parapet wall and the total projection does not exceed 25 square feet. The
area of the projection must be counted towards the total sign area allowed.
Projecting Signs
f.
The minimum height above-grade to the bottom edge of projecting signs must
be 9 feet.
Billboard Poster Signs
(2)
A billboard poster sign must not face an abutting or adjacent residential use unless the
billboard sign is not visible from the abutting or adjacent residential use.
a.
If the billboard poster sign is attached to a building or is free standing within
5 feet of a building, the maximum permitted height of the billboard sign is the
height of the building wall.
b.
The maximum height of a billboard poster sign shall be 30 feet and the
maximum sign surface area shall be 200 square feet.
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c.
A billboard poster sign is not considered in the calculations of Permitted Surface
Area per Zoning Lot for freestanding signs.
Signs Attached to Building
(3)
Signs "attached to buildings" include fascia signs, projecting signs, awning signs,
marquee signs, and canopy signs.
(4)
Signs Attached to Building Sign surface area is calculated as follows:
a.
Sign surface area includes the entire area of the smallest rectangle that encloses
the extreme limits of any writing, representation or emblem forming part of the
display, and also includes 10% of the area of the wall outside of that rectangle
where a colour or material is applied that is a colour or material in that fascia
sign.
b.
Sign surface area does not include non-illuminated signs visible through
windows in the building facade, provided that such signs do not exceed 30% of
the glazed surface on any facade of the building. Allowable window signage is
not transferable to the glazed surface on another facade of the building.
c.
In calculating wall area for purposes of determining maximum sign surface area,
only the first storey or 15 feet (whichever is lower) of the building may be used.
Allowable sign surface area is not transferable to another wall.
Free-Standing and Mobile Signs
(5)
Sign surface area is calculated as follows for free-standing and mobile signs:
a.
Sign surface area includes the entire area of the smallest rectangle that encloses
the extreme limits of any writing or symbol, background colour or material, and
any embellishment of the supporting structure forming part of the display;
b.
Sign surface area includes the total area of all faces exhibited or intended for
display, except where two faces are parallel and located back-to-back, sign
surface area includes the area of only one such face, and if the two parallel,
back-to-back faces are not equal, then the sign surface area is the larger of such
faces.
District-Specific Regulations
(6)
All signs, accessory to any use, must be consistent with the standards shown in Table
9, the first column indicates a zoning district or districts. The second column indicates
the sign type. The third and fourth columns indicate dimensional requirements for each
sign type. Signs must comply with all dimensional standards applicable to the zoning
district where the property is located. Signs are not permitted for zones or land-uses
not included in Table 9, unless provided for elsewhere in this By-law.
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TOWN OF MORRIS ZONING BY-LAW
Table 9.
District Specific Sign Regulations
Zone
Type
Maximum
Height
Permitted
Surface Area
Per Zoning
Lot
Requirements
(a)
M
(i)
Free-
Standing
8 ft above
grade
1.25 ft2 per foot
of frontage to
a maximum
323 ft2
Not permitted in a required yard
abutting an R1 or R2 zone.
(ii) Wall Sign
Wall Height
Maximum 25%
of building wall
Must not project more than 6.5 ft
from the wall to which the sign is
affixed.
(b)
OS
(c)
IN
(i)
Free-
Standing
20 ft above
grade
96 ft2
(ii) Digital
Reader
Board
20 ft above
grade
16 ft2
Allowed only for elementary and
secondary schools, community
centres, golf courses, places of
worship, Hospitals, Stadiums/ Arenas,
and civic buildings.
Must be turned off from 10:00 pm to
7:00 am every day of the week.
Must utilize automatic dimming.
May be added to a 96 ft2 Free
Standing Sign.
(iii) Wall Sign
Wall Height
Maximum 25%
of building wall
Must not project more than 6.5 ft
from the wall to which the sign is
affixed.
(d)
OS
(e)
IN
(i)
Inflatable
18 ft maximum
height from
grade
Only one inflatable sign shall be
permitted per site.
Only allowed as a temporary sign
that may be displayed for no more
than 15 days within a 6 month period.
Must be setback 3 ft from front line,
15 ft from corner site lines, and 10 ft
from driveway entrances.
(f)
CM
(i)
Free-
Standing
8 ft above
grade
48 ft2 maximum
(ii) Wall Sign
Wall Height
10% of building
wall to a
maximum of
323 ft2
Must not project more than 5 ft from
the wall to which the sign is affixed.
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Zone
Type
Maximum
Height
Permitted
Surface Area
Per Zoning
Lot
Requirements
(g)
CH
(i)
Free-
Standing
35 ft above
grade
323 ft2
Maximum of one sign per lot.
(ii) Wall Sign
Wall Height
Maximum 25%
of building wall
Must not project more than 6.5 ft
from the wall to which the sign is
affixed.
(iii) Mobile
Sign
10 ft above
grade
48 ft2 maximum
area for a
single face
Must not include any flashing lights
including digital.
Maximum of one sign per lot.
Only allowed to occupy one parking
space where there is no practical
alternative.
Erected for not more than 30 days
during each calendar year unless
extended for an additional 30 days
with a Conditional Use.
Must be setback 3 ft from front line,
15 ft from corner site lines, and 10 ft
from driveway entrances.
(iv) Inflatable
18 ft maximum
height from
grade
Only one inflatable sign shall be
permitted per site.
Only allowed as a temporary sign
that may be displayed for no more
than 15 days within a 6 month period.
Must be setback 3 ft from front line,
15 ft from corner site lines, and 10 ft
from driveway entrances.
(v) Billboard
Poster
Signs
30 ft maximum
height from
grade.
Maximum sign
surface area
shall be 200 ft2
A billboard poster sign must not face
an abutting or adjacent residential
use unless the billboard sign is not
visible from the abutting or adjacent
residential use.
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TOWN OF MORRIS ZONING BY-LAW
4.0
PROVISIONS FOR INFILL HOUSING
4.1
Accessory Dwelling Units
ADUs can be created in a variety of ways, including conversion of a portion of an existing
single-detached dwelling, addition to an existing single-detached dwelling, conversion of a portion
of an existing garage, conversion of an existing garage or the construction of an entirely new
detached accessory building.
4.1.1.
Requirements For All Accessory Dwelling Units
(1)
All accessory dwelling units must meet the following:
a.
Location of entrances. Only one entrance may be located on the facade
of a single-detached dwelling facing the fronting public road, unless the
single-detached dwelling contained additional entrances before the accessory
dwelling unit was created. An exception to this regulation is entrances that do
not have access from the ground such as entrances from balconies or decks;
and entrances that face a side public road on a corner lot. Detached accessory
dwelling units, and ADUs in Industrial zones are exempt from this standard.
b.
Parking. No additional parking spaces are required for the accessory dwelling
unit. Existing required parking must be maintained or replaced on-site.
c.
The minimum livable floor area for all Accessory Dwelling Units shall not be less
than 320 square feet.
d.
Only one of a Secondary Suite, a Garage Suite or Garden Suite may be
developed in conjunction with a principal use.
e.
Shall not be subject to separation from the principal use through a condominium
conversion or subdivision.
4.1.2.
Secondary Suites
An accessory dwelling unit may be constructed within and accessory to a Single Detached
Dwelling, including an attached garage, subject to the following standards:
(1)
The maximum livable floor area of the Secondary Suite shall be as follows:
a.
Where a Secondary Suite is located completely below the first storey of a
Single Detached Dwelling (other than stairways or a common landing), the below
grade floor area (excluding the area covered by stairways) shall not exceed the
ground floor area of the associated principal dwelling.
b.
Where a Secondary Suite is developed completely or partially above grade,
the livable floor area (excluding the area covered by stairways) shall not exceed
40% of the gross floor area of the building containing the associated principal
Dwelling, nor 800 square feet whichever is the lesser.
c.
Must have an entrance separate from the entrance to the principal dwelling,
either from a common indoor landing, or directly from the side or rear of the
structure.
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TOWN OF MORRIS ZONING BY-LAW
4.1.3.
Garage Suites
(1)
An Accessory Dwelling Unit may be constructed above a detached Garage (above
grade); or a single-storey attached to the side or rear of, a detached Garage (at-grade)
that is accessory to a Single Detached Dwelling, subject to the following standards:
a.
The maximum livable floor area of the Garage Suites shall be as follows:
(i)
Where above a detached Garage, the livable floor area (excluding the area
covered by stairways) shall not exceed 800 square feet.
(ii) Where attached to the side or rear of a detached Garage, the livable floor
area (excluding the area covered by stairways) shall not exceed 800 square
feet.
b.
Must be located behind the rear wall of the principal building. For the purpose of
this regulation, the rear wall of the principal building is the wall furthest from the
wall with the facade facing the fronting public road.
(2)
Detached accessory buildings with Garage Suites must meet the development
standards for detached accessory structures in this By-law, except the above grade
Garage Suites may be in an accessory building with a maximum height of 22 feet.
(3)
Roof top decks and balconies, shall be allowed as part of a Garage Suite developed
above a detached Garage only where the deck or balcony faces a lane or a flanking
public road.
(4)
Windows contained within the Garage Suite portion of the detached Garage shall be
placed and sized such that they minimize overlook into yards and windows of abutting
properties through one or more of the following:
a.
Off-setting window placement to limit direct views of abutting rear or side yard
amenity spaces, or direct view into a dwelling unit window on an abutting site;
b.
Strategic placement of windows in conjunction with landscaping or the
placement of other accessory buildings; and
c.
Placing larger windows such as living room windows, to face a lane, a flanking
public road, or the larger of any side yard abutting another property.
(5)
Must have an entrance separate from the motor vehicle entrance to the detached
garage, either from a common indoor landing or directly from the exterior of the
structure.
(6)
Site Plan Approval shall be required by the Development Officer and Council, prior
to the issuance of any building or development permits, for the on-site locations and
designs of accessory parking areas, private approaches, garbage areas, fencing,
landscaping, signage, and exterior finishing materials for the construction of principal
buildings and detached accessory buildings and structures, all of which shall be
maintained to the satisfaction of the Development Officer.
4.1.4.
Garden Suites
(1)
An Accessory Dwelling Unit may be located in a detached accessory structure to a
principal use subject to the following standards:
a.
The maximum livable floor area of the Garden Suite shall be 600 square feet.
b.
Must be located behind the rear wall of the principal building. For the purpose of
this regulation, the rear wall of the principal building is the wall furthest from the
wall with the facade facing the fronting public road.
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TOWN OF MORRIS ZONING BY-LAW
(2)
Detached accessory buildings with Garden Suites must meet the development
standards for detached accessory structures in this By-law.
(3)
Windows contained within the Garden Suite shall be placed and sized such that they
minimize overlook into yards and windows of abutting properties through one or more
of the following:
a.
Off-setting window placement to limit direct views of abutting rear or side yard
amenity spaces, or direct view into a dwelling unit window on an abutting site;
b.
Strategic placement of windows in conjunction with landscaping or the
placement of other accessory buildings; and
c.
Placing larger windows such as living room windows, to face a lane, a flanking
public road, or the larger of any side yard abutting another property.
(4)
Site Plan Approval shall be required by the Development Officer and Council, prior
to the issuance of any building or development permits, for the on-site locations and
designs of accessory parking areas, private approaches, garbage areas, fencing,
landscaping, signage, and exterior finishing materials for the construction of principal
buildings and detached accessory buildings and structures, all of which shall be
maintained to the satisfaction of the Development Officer.
4.2
Conversion of Residential Buildings
(1)
Converted dwellings may be allowed to be created from a single detached dwelling
into a Semi-detached Dwellings, Duplex Dwellings, Triplex dwellings; or in the R2
zone into Duplex Dwellings, Triplex Dwellings, Quadplex Dwellings, Rooming and
Boarding Houses, or Community Care Facilities subject to the following:
a.
The Single Detached Dwelling shall have existed prior to the passing of this
By-law;
b.
Shall be subject to the provisions of the bulk standards of the underlying zoning
district for dwelling types and the parking requirements;
c.
Shall only be located on a corner lot with direct access to a rear public lane for
parking subject to the requirements of the section on Dwellings on Corner Lots;
and
d.
Site Plan Approval shall be required by the Development Officer and Council,
prior to the issuance of any building or development permits, for the on-site
locations and designs of accessory parking areas, private approaches,
garbage areas, fencing, landscaping, signage, and exterior finishing materials
for the construction of principal buildings and detached accessory buildings
and structures, all of which shall be maintained to the satisfaction of the
Development Officer.
4.3
Dwellings on Corner Lots
(1)
Semi-detached Dwellings, Duplex Dwellings, Triplex Dwellings, Multiple Attached
Dwellings, Stacked Dwellings, Rooming and Boarding Houses, and Community Care
Facilities may be allowed on corner lots subject to the following:
a.
Corner lots should have, where possible, two active frontages that provide
opportunities to have entrances on both sides;
b.
Each dwelling unit shall have a minimum livable floor area of at least 800
square feet;
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TOWN OF MORRIS ZONING BY-LAW
c.
The building's parking area should have direct access to a rear public lane from
which parking stalls can be directly accessed;
d.
The parking area shall have a minimum interior side yard of 2 feet, and a
minimum exterior side yard of 4 feet that shall provide screening such as a fence
or hedge a minimum of 3 feet in height; and
e.
Site Plan Approval shall be required by the Development Officer and Council,
prior to the issuance of any building or development permits, for the on-site
locations and designs of accessory parking areas, private approaches,
garbage areas, fencing, landscaping, signage, and exterior finishing materials
for the construction of principal buildings and detached accessory buildings
and structures, all of which shall be maintained to the satisfaction of the
Development Officer.
4.4
Rooming and Boarding Houses
Rooming and Boarding Houses shall comply with the following regulations:
(1)
The maximum occupancy shall be 4 residents.
(2)
Shall be developed as either a purpose-built freestanding structure, part of an
Apartment Dwelling development, or Single Detached Dwelling converted for this
purpose subject to the provisions of the Conversion of Residential Buildings.
(3)
Shall only be located in a Zone where Rooming and Boarding Houses are allowed.
(4)
Shall require all units operated by a single provider when a Duplex Dwelling,
Semi-detached Dwelling or Triplex Dwelling is converted for the purpose of Rooming
and Boarding Houses.
(5)
Sleeping Units shall be limited in food preparation facilities to bar fridge, mini-sink, and
microwave.
(6)
No Home Enterprises, Secondary Suite, or Garage Suite shall be permitted as part of a
Rooming and Boarding Houses development or on the site of such development.
(7)
Where a Rooming and Boarding Houses is designed as a freestanding structure it shall
be of a size, scale, and outward appearance that is typical of surrounding area subject
to:
a.
Site Plan Approval shall be required by the Development Officer and Council,
prior to the issuance of any building or development permits, for the on-site
locations and designs of accessory parking areas, private approaches,
garbage areas, fencing, landscaping, signage, and exterior finishing materials
for the construction of principal buildings and detached accessory buildings
and structures, all of which shall be maintained to the satisfaction of the
Development Officer.
4.5
Community Care Facilities
Community Care Facilities in R2 zones shall comply with the following regulations:
(1)
The maximum occupancy shall be 4 residents for Community Care Facilities.
(2)
Shall be developed as either a purpose-built freestanding structure or a Single
Detached Dwelling converted for this purpose subject to the provisions of the
Conversion of Residential Buildings.
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(3)
No Home Enterprises, Secondary Suite, or Garage Suite shall be permitted as part of
the development or on the Site of such development.
(4)
Where designed as a freestanding structure, it shall be of a size, scale, and outward
appearance that is typical of surrounding area subject to:
a.
Site Plan Approval shall be required by the Development Officer and Council,
prior to the issuance of any building or development permits, for the on-site
locations and designs of accessory parking areas, private approaches,
garbage areas, fencing, landscaping, signage, and exterior finishing materials
for the construction of principal buildings and detached accessory buildings
and structures, all of which shall be maintained to the satisfaction of the
Development Officer.
4.6
Flag Lots
(1)
The creation of new flag lots is prohibited unless:
a.
The lands proposed for flag lot access are located in a residential zoning district;
b.
The proposed flag lot has access to a public right-of-way; or
c.
The Development Officer determines that there is no feasible alternative way to
provide access to such lands for the following instances:
(i)
when reasonably necessary to eliminate access onto thoroughfares;
(ii) when necessary to make reasonable use of parcels with severe topography
or other physical constraints;
(iii) when a flag lot would provide greater protection of natural resources areas
(e.g., streams); or
(iv) when necessary to accommodate the function of hiding or concealing utility
buildings/substation, or radio, television of communication towers.
d.
Approved flag lots are subject to the following requirements:
(i)
The flagpole portion that is the access corridor of the lot shall not be built
upon with a structure, or used to calculate lot area, lot width, lot depth, lot
coverage or building setbacks, and the flagpole portion may not be used to
provide off-street parking;
(ii) The minimum width of the strip of land used to provide the access corridor
to the buildable portion of the flag lot shall be 20 feet with a minimum of
3 feet of landscaping on either side of a driveway that is a minimum of 10
feet in width;
(iii) The access corridor to the buildable portion of the flag lot shall not exceed
300 feet in length;
(iv) A common driveway for all dwelling units shall be encouraged with the
preferred location for the driveway on the flagpole portion of the flag lot,
with the interior lot granted a cross access easement over the flagpole;
(v) The flagpole must be part of the flag lot, connect to a public road and be
under the same ownership as the flag portion of the lot. Access easements
to allow for use of the pole by another lot may be required;
(vi) Adequate vehicle turn-around space on the flag portion of the lot shall be
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TOWN OF MORRIS ZONING BY-LAW
provided to discourage vehicles from backing out from the site; and
(vii) Within the access corridor on the pole portion of the lot, the owner must
erect and maintain a property address sign for the dwelling on the flag
portion of the lot, said address sign meeting the standards of this By-law for
building addresses.
4.7
Splitting Attached Dwellings on to Separate Lots
(1)
The owner of a lot that has a Semi-Detached Dwelling or a Multiple Attached Dwelling
may split the lot to allow each dwelling unit on its own lot provided that:
a.
The new lot line must be a straight line between the front and rear lot lines,
located in such a manner that the party wall of the semi-detached dwellings
and any applicable accessory structure must form part of the new lot line, and
where the new lot line is unable to form a straight line due to the irregular shape
of the lot or the structure, the location of that new lot line must be determined by
the conditions of any subdivision approval issued;
b.
Each of the lots created must have frontage on a public road;
c.
The permitted use of each lot created must be for a dwelling unit and permitted
accessory uses and structures only;
d.
The minimum dwelling unit width shall be 18 feet;
e.
Each lot created must provide one parking space with access to this required
parking space being directly from either a public lane or a public road; however,
the parking space must not be in the front yard leading to the front of the
principal structure;
f.
Where a driveway leads from the public front street to a garage located on the
front facade of the dwelling, such driveway must be a minimum of 23 feet in
length;
g.
Any parking in a side yard shall be accommodated in side yard with a minimum
width of 10 feet;
h.
Each lot created may provide side yard setbacks less than the underlying zoning
district minimum setback requirements, but exterior lots shall not be less than 4
feet, except corner side yards shall not be less than 10 feet, and interior lots shall
have a minimum side yard setback along the new lot line that falls along party
walls of 0 [zero] feet.
i.
Each lot for each dwelling may be less than the minimum lot width permitted
under the dimensional standards for the zoning district in which the lot is located,
but shall not be less than 18 feet for the interior lots, not less than 22 feet for the
exterior lots, not less than 28 feet when an attached garage is located on the
front façade of the dwelling, and not less than 28 feet when the new lot is a
corner lot.
j.
Each lot for each dwelling in Semi-Detached Dwellings may be less than the
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TOWN OF MORRIS ZONING BY-LAW
minimum lot area permitted under the dimensional standards for the zoning
district in which the lot is located, but shall not be less than 2,200 square feet.
k.
Each lot for each dwelling in Multiple Attached Dwelling may be less than the
minimum lot area permitted under the dimensional standards for the zoning
district in which the lot is located, but shall not be less than 1,800 square feet for
the interior lots, not less than 2,200 feet for the exterior lots.
Figure 11.
Splitting Semi-Detached Dwellings On To Separate Lots
Figure 12.
Splitting Multiple Attached Dwellings On To Separate Lots
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4.8
Bungalow Clusters
(1)
May include Single Detached Dwellings, Semi-detached Dwellings, Multiple Attached
Dwellings, Mobile Homes, or Mobile Units organized around a private green open
space on lands zoned R2.
(2)
The minimum spatial separation between detached dwellings as measured from
building face to building face shall be 4 feet, unless the detached dwellings are
semi-detached and sharing a common party wall.
(3)
The minimum spatial separation between the front wall of the detached dwellings and
the common area that contains the open green space shall be 3 feet.
(4)
The minimum width of the common area open green space shall be 45 feet.
(5)
In bare land unit condominium developments, each bare land unit, as defined in
Provincial Legislation, which is delineated by horizontal land boundaries, shall be
considered a zoning site as defined by this By-law, for the purposes of determining site
area and width, yards and other requirements.
(6)
A universally accessible, pedestrian route must be provided from the Bungalow
Clusters to a public sidewalk. Where no public sidewalk exists, a suitable alternative
route must be provided subject to the approval of the Development Officer.
Figure 13.
Bungalow Cluster
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4.9
Bungalow Courts
(1)
May include Single Detached Dwellings, Semi-detached Dwellings, Multiple Attached
Dwellings, Mobile Homes, or Mobile Units organized around a private lane, loop street,
frontage street or a parking area on lands zoned R2.
(2)
In bare land unit condominium developments, each bare land unit, as defined in
Provincial Legislation, which is delineated by horizontal land boundaries, shall be
considered a zoning site as defined by this By-law, for the purposes of determining site
area and width, yards and other requirements.
(3)
The roadway surface of the private lane must be hard surfaced with concrete, asphalt,
or paving stone, or a combination of those materials.
(4)
The roadway surface of the private lane must be at least 20 feet wide for two-way
traffic and 12 feet for one-way traffic.
(5)
The two (2) approaches of a loop lane connecting to the public road shall be a
minimum of 60 feet apart.
(6)
The design of the private lane, loop street, and/or frontage street shall be subject to
review and approval by the municipal engineer.
(7)
The common area surrounded by the roadway surface must be at least 5 feet wide on
each side.
(8)
Individual driveways leading from a shared private lane to each dwelling unit must be
at least 20 feet long, as measured between the front of the garage or carport and the
closest pavement edge of the shared private lane.
(9)
The design of the private lane must permit a passenger motor vehicle to back out of
an individual driveway and turn 90 degrees.
(10) The minimum spatial separation between detached dwellings as measured from
building face to building face shall be 6 feet, unless the detached dwellings are
semi-detached and sharing a common party wall.
(11)
The minimum spatial separation between the front wall of the buildings and the
common area that contains the roadway shall be 5 feet.
(12) Zoning provisions for building setbacks to lot lines shall apply only to the external lot
lines of the overall plan of condominium, not to internal lot lines resulting from the
registration of any phase of a plan of condominium.
(13) A universally accessible, pedestrian route must be provided from the Bungalow Courts
to a public sidewalk. Where no public sidewalk exists, a suitable alternative route must
be provided subject to the approval of the Development Officer.
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Figure 14.
Bungalow Court, Parking
Figure 15.
Bungalow Court, Loop Lane
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4.10 Dwelling Unit, Live Work
(1)
The Dwelling and work components of the Live Work Unit shall not be legally
separated through a subdivision or condominium conversion.
(2)
The Dwelling associated with a Live Work Unit shall not contain a Home Enterprise.
(3)
There may be internal access between the Dwelling and the work components of the
Live Work Unit
(4)
For Live Work Units located at Grade, the Live Work Unit shall contribute to the
pedestrian-oriented character of the street or immediate area with an active frontage.
(5)
Neither the Dwelling nor the work component of the Live Work Unit shall be less than
25% of the total floor space of the Live Work Unit.
4.11 Dwelling Units, Commercial Zones
(1)
Residential dwelling units are permitted in all Commercial Zones including the
Employment Mixed Use Zone with the following provisions:
a.
Dwelling units shall only be located above or to the rear, but within the same
building, of one or more permitted commercial uses that occupy the first floor of
the principal building.
b.
Shall have bathroom and kitchen facilities that are separate from the
non-residential use.
c.
Shall have a building entrance that is separate from the non-residential use
unless a Live Work Unit.
(2)
In the CH and EMU Zone, the dwelling unit may be detached from the principal
building such as a Garage Suite, Garden Suite, Mobile Home or Mobile Unit.
(3)
In one-storey buildings, residential dwelling units are permitted, provided that:
a.
Commercial uses occupy the front of the building.
b.
Each permitted dwelling unit shall have a minimum livable floor area of 800
square feet.
c.
Livable floor areas comprise no more than 50% of the gross floor area of the
building.
d.
Shall contribute to the pedestrian-oriented character of the street, the immediate
area, or the high visibility of the highway with an active frontage.
e.
Site Plan Approval shall be required by the Development Officer and Council,
prior to the issuance of any building or development permits, for the on-site
locations and designs of accessory parking areas, private approaches,
garbage areas, fencing, landscaping, signage, and exterior finishing materials
for the construction of principal buildings and detached accessory buildings
and structures, all of which shall be maintained to the satisfaction of the
Development Officer.
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4.12 Dwelling Units, Industrial and Institutional Zones
(1)
A maximum of one dwelling unit shall be permitted all Industrial and Institutional
Zones as an accessory use to any permitted use with the following provisions:
a.
The dwelling unit must be occupied by on-site workers, the business owner,
caretaker, security guard or similar employee(s).
b.
Shall have bathroom and kitchen facilities that are separate from the
non-residential use.
c.
Shall have a building entrance that is separate from the non-residential use
unless a Live Work Unit.
d.
May be detached from the principal building such as a Garage Suite, Garden
Suite, Mobile Home or Mobile Unit.
e.
Site Plan Approval shall be required by the Development Officer and Council,
prior to the issuance of any building or development permits, for the on-site
locations and designs of accessory parking areas, private approaches,
garbage areas, fencing, landscaping, signage, and exterior finishing materials
for the construction of principal buildings and detached accessory buildings
and structures, all of which shall be maintained to the satisfaction of the
Development Officer.
4.13 Dwelling Units, Agriculture Limited Zones
(1)
A maximum of one dwelling unit shall be permitted as an accessory use to any
permitted use in the Agricultural Limited Zones with the following provisions:
a.
The dwelling unit must be occupied by on-site workers, the business owner,
caretaker, security guard or similar employee(s).
b.
Shall have bathroom and kitchen facilities that are separate from the
non-residential use.
c.
Shall have a building entrance that is separate from the non-residential use.
d.
May be detached from the principal building such Garage Suite, Garden Suite,
Mobile Home or Mobile Unit.
e.
Site Plan Approval shall be required by the Development Officer and Council,
prior to the issuance of any building or development permits, for the on-site
locations and designs of accessory parking areas, private approaches,
garbage areas, fencing, landscaping, signage, and exterior finishing materials
for the construction of principal buildings and detached accessory buildings
and structures, all of which shall be maintained to the satisfaction of the
Development Officer.
4.14 Mobile Homes and Mobile Units
(1)
No person shall use lands zoned land R1 for the purpose of permanently erecting or
placing thereon a mobile unit or mobile home: a portable dwelling unit that is designed
or used for residential occupancy, built upon or having a frame or chassis to which
wheels may be attached for transportation purposes, whether or not such structure
actually has at any time such wheels, or is jacked up or skirted.
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(2)
Mobile homes or Mobile Units shall not be permitted as dwelling units and a principal
structure on lands zoned R2 in Bungalow Clusters and Bungalow Courts; and as
dwelling units as an Accessory Dwelling Units in lands zoned 'M' and 'IN' unless
approved as a Conditional Use.
(3)
A mobile home park in Bungalow Clusters and Bungalow Courts must meet the
following standards:
a.
more than one mobile home or mobile unit may be permitted on an approved
mobile home park site.
b.
must provide a roadway with a driving surface a minimum of 16.5 feet wide
with an all-weather surface that serves all dwellings [that meets the municipal
roadway lighting and surface water drainage standards].
c.
must provide clear identification of a dwelling unit number on each mobile home
or mobile unit.
d.
must provide a centrally located common park space or recreation area
equivalent to a minimum area of 430 square feet per mobile home or mobile
unit in the mobile home park.
e.
shall require site plan approval by the Development Officer and Council for the
on-site location of the site boundaries; foundations, pads, or mobile home sites;
accessory buildings; internal roads; sidewalks and active transportation paths;
vehicle parking; and systems supplying electrical power, water and sewage
disposal. All of which shall be maintained to the satisfaction of the Development
Officer.
(4)
Mobile homes and mobile units, including in mobile home parks in Bungalow Clusters
and Bungalow Courts, each require a development permit. No mobile home or mobile
unit located in the municipality shall receive a development permit unless it complies
with the following regulations:
a.
Mobile homes or mobile units, even those constructed outside the municipality,
must meet the structural standards in The Buildings and Mobile Homes Act.
b.
Mobile home or mobile unit, when located permanently on a site, shall:
(i)
be connected to municipal sewer services and drinking water system when
such services are available on the site.
(ii) be placed and anchored on a permanent foundation.
(iii) have skirting that screens the view of the foundation supports or wheels.
c.
Site Plan Approval shall be required by the Development Officer and Council
for the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior finishing
materials for the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the satisfaction of
the Development Officer.
4.15 Not Considered Dwelling Unit
(1)
No truck, bus, shipping container (sea can), motor coach or other vehicle, whether or
not the same is maintained on wheels, shall not be used for habitation as a dwelling
unit either as an accessory dwelling unit or a principal dwelling unit.
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5.0
ZONING LANDS AND LAND-USES
5.1
Classification of Uses
(1)
The list of land-uses in this By-law is not exhaustive, nor is it intended to be exhaustive.
New types of land-uses will develop and forms of land-uses not anticipated may seek
to locate in the Planning Area. Any person may apply to the Development Officer for
an interpretation as to whether a proposed land-use falls within any of the land-use
categories or use types in this By-law, and, if so, which one. The North American
Industry Classification System (NAICS) Canada should provide a valuable resource
in determining land-uses into classes and zones since version (2017 V 2.0) was used
extensively to define the land-uses.
(2)
The Development Officer must provide the interpretation in writing, and shall take into
account the nature of the proposed land-use and its potential impacts, including but
not limited to: whether it involves dwelling units, sales; processing, type of product,
storage and amount, and nature thereof; enclosed or open storage; anticipated
employment; transportation requirements; excessive noise, odour, fumes, dust, toxic
material, and vibration likely to be generated; and the general requirements for public
services.
(3)
The Development Officer shall have the authority to provide an interpretation of a
land-use but shall not have the authority to add a new permitted or conditional use to
this By-law without the appropriate public hearing for an amendment to the text of
this By-law.
(4)
An appeal of the Development Officer's interpretation may be made to Council.
5.2
Land-Use Lexicon: Uses of Land Defined
The NAICS, The Planning Act, and the Provincial Planning Regulations are used extensively to define
and classify land-uses in this By-law. The following are the land-uses that are classified into the
zoning districts in this By-Law:
Aggregate means a quarry mineral that is used solely for construction purposes or as a constituent
of concrete other than in the manufacture of cement and includes sand, gravel, clay, crushed stone,
and crushed rock.
Aggregate quarry means a quarry from which aggregate is produced.
Agri-Business means establishments primarily engaged in providing goods and services to
Agriculture Operations including:
Wholesaling merchandise, generally without transformation, and rendering services incidental
to the sale of merchandise that includes mainly land-uses under 'Agricultural supplies merchant
wholesalers' includes:
-
Agricultural feed merchant wholesalers
-
Seed merchant wholesalers
-
Agricultural chemical and other farm supplies merchant wholesalers
-
Storage and distribution of fertilizers such as retailers of anhydrous ammonia
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-
Retailing fuels (except heating oil and liquefied petroleum gas) via direct
selling in large quantities or to large vehicles [Bulk Fuel Sales Depot].
-
Storage of petroleum products or other flammable liquids legally stored
within a structure or establishment [Bulk Fuel Storage]
Support activities for crop production includes:
-
Agricultural product sterilization service
-
Crop dusting and spraying service, with or without fertilizing
-
Crop harvesting service
-
Crop planting or seeding services
-
Farm labour contractors
-
Farm management service (crop production)
-
Farm product (crop) sorting, grading or packing service (for the grower)
-
Fertilizer application service
-
Fruit picking service, hand (e.g., apple, strawberry, blueberry, cherry)
-
Grain drying service
-
Soil preparation services (e.g., hoeing, ploughing, rototilling, weeding),
agricultural
-
Threshing service, agricultural crop and plant
Support activities for animal production includes:
-
Artificial insemination services, animal specialties and livestock
-
Breeding services for livestock
-
Cattle registration service
-
Farriers (horseshoeing)
-
Horses, boarding (except racehorses)
-
Milk testing for butterfat
-
Sheep dipping and shearing services
-
Farm product merchant wholesalers primarily engaged in wholesaling
livestock, grain and other farm products includes:
-
Live animal merchant wholesalers
-
Auctioning livestock
-
Livestock merchant wholesalers
-
Oilseed and grain merchant wholesalers
-
Nursery stock and plant merchant wholesalers
-
Other farm product merchant wholesalers
-
Farm, lawn and garden machinery and equipment merchant wholesalers
engaged in wholesaling new or used farm, lawn and garden machinery,
equipment and parts
-
Live animal merchant wholesaler establishments primarily engaged in
wholesaling live animals including auctioning livestock, with own facilities,
and livestock merchant wholesaler
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-
Farm product warehousing and storage means establishments primarily
engaged in operating farm product warehousing and storage facilities,
except refrigerated including grain elevators (storage only), and farm product
warehousing and storage
Agriculture Operations means an agricultural, horticultural or silvicultural operation that is
conducted in order to produce agricultural products on a commercial basis, and includes:
(a)
the production of crops, including grains, oil seeds, hay and forages, and horticultural crops,
including vegetables, fruit, mushrooms, sod, trees, shrubs and greenhouse crops;
(b)
the use of land for livestock operations and grazing;
(c)
the production of eggs, milk and honey;
(d)
the raising of game animals, fur-bearing animals, game birds, bees and fish;
(e)
the processing necessary to prepare an agricultural product for distribution from the farm
gate;
(f)
the operation of agricultural machinery and equipment, including the tillage of land and the
application of fertilizers, manure, soil amendments and pesticides, whether by ground or
aerial application; or
(g)
the storage, use or disposal of organic wastes for agricultural purposes.
Agri-Industrial means establishments primarily engaged in manufacturing agricultural chemicals,
including nitrogenous and phosphoric fertilizer materials; mixed fertilizers; and agricultural and
household pest control chemicals. Includes mainly land-uses under 'Pesticide, fertilizer and other
agricultural chemical manufacturing' includes:
(a)
Fertilizer manufacturing
(b)
Chemical fertilizer (except potash) manufacturing
(c)
Mixed fertilizer manufacturing
(d)
Pesticide and other agricultural chemical manufacturing
(e)
Nitrogenous, phosphatic or potassic fertilizers, made by mixing purchased materials
(f)
Nitrogenous fertilizer materials, manufacturing
(g)
Fertilizers, mixed, made in plants producing nitrogenous or phosphatic fertilizer materials
Agri-Manufacturing means establishments primarily engaged in producing food for human
or animal consumption in a manufacturing process using agricultural products provided by an
agricultural operation. Also includes the production of food crops and non-food crops grown under
cover inside greenhouses or warehouses. Land-uses includes:
(a)
Animal food manufacturing
(b)
Grain and oilseed milling
(c)
Flour milling and malt manufacturing
(d)
Oilseed processing
(e)
Fat and oil refining and blending
(f)
Fruit and vegetable preserving and specialty food manufacturing
(g)
Frozen food manufacturing
(h)
Fruit and vegetable canning, pickling and drying
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(i)
Dairy product manufacturing
(j)
Fluid milk manufacturing
(k)
Butter, cheese, and dry and condensed dairy product manufacturing
(l)
Meat product manufacturing
(m) Animal slaughtering and processing
(n)
Rendering and meat processing from carcasses
(o)
Poultry processing
(p)
Bakeries and tortilla manufacturing
(q)
Bread and bakery product manufacturing
(r)
Commercial bakeries and frozen bakery product manufacturing
(s)
Cookie and cracker manufacturing
(t)
Flour mixes, dough, and pasta manufacturing from purchased flour
(u)
Snack food manufacturing
(v)
Coffee and tea manufacturing
(w) Beverage and tobacco product manufacturing including Breweries, Distilleries, and Wineries
(x)
Greenhouse, nursery and floriculture production including: Food crops grown under cover;
Mushroom production; Other food crops grown under cover; Nursery and floriculture
production; Nursery and tree production; and Floriculture production
Agri-Tourism means agricultural operations that are designated to attract, accommodate, and
entertain the visiting public, including tours, on the activities of farming.
Animal Keeping means the keeping of livestock (excludes household pets such as domesticated
dogs and cats) as defined in the Livestock and Livestock Production Act C.C.S.M. c 170 and in
quantities, cumulative across all livestock species, less than 10 Animal Units.
Apiculture (Beekeeping) means establishments primarily engaged in raising bees, collecting and
gathering honey, and performing other apiculture activities.
Auction House means a building or portion of a building used for the public sale of goods,
merchandise, or equipment, other than livestock, vehicles or heavy equipment, to the highest
bidder.
Auction Yard means a place where vehicles or heavy equipment (operable or inoperable) are
offered for sale to the highest bidder.
Automobile Dealers means establishments primarily engaged in retailing new and used
automobiles, sport utility vehicles, and light-duty trucks and vans, including mini-vans. Excludes
retailing recreational vehicles (RV), watercraft, motorcycles and snowmobiles.
Automotive Repair and Maintenance means establishments primarily engaged in repairing and
maintaining motor vehicles, such as cars, trucks, vans and commercial trailers. Includes Automotive
mechanical and electrical repair and maintenance; General automotive repair; and Car washes.
Bed and Breakfast means establishments primarily engaged in providing short-term lodging in
facilities known as bed and breakfast homes. Bed and breakfast homes are characterized by a
highly personalized service, and usually the inclusion in the room rate, of a full breakfast, served by
the owner or owner-supervised staff.
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Boat Dock, Private means a private non-commercial wharf or pier where boats can remain for
loading, unloading or storage and shall include the water space occupied by any boat.
Boat House means a detached accessory building or structure for the storage of watercraft and
watercraft related equipment but does not include open walkways or uncovered docking facilities
or kitchen and bathroom facilities, and is not for human habitation.
Boat Port means an unenclosed accessory building or structure, which is used to place a boat
into or take a boat out of a water body or used to moor, berth or store a boat. This definition may
include a boat launching ramp, boatlift, or dock, but shall not include any building used for human
habitation nor any boat service, repair or sales facility or retail use.
Boat Slip means a single parking space for a boat or other marine vessel, forming part of a dock,
boathouse, boat port or other mooring facility.
Bungalow Clusters [Bare Land Condominium] are dwellings units organized around a defined
private open green space held as a common area that is shared, and where the zoning provisions
for building setbacks to lot lines shall apply only to the external lot lines of the overall plan of
condominium, not to the internal lot condominium unit lines resulting from the registration of any
phase of a plan of condominium.
Bungalow Courts [Bare Land Condominium] are dwellings units organized around a defined
private lane held as a common area that is shared for vehicle access to a public right-of-way, and
where the zoning provisions for building setbacks to lot lines shall apply only to the external lot lines
of the overall plan of condominium, not to the internal lot condominium unit lines resulting from the
registration of any phase of a plan of condominium.
Cannabis means cannabis as defined in The Cannabis Act.
Cannabis Cultivation means the micro-cultivation or standard cultivation Federal license holder
under The Cannabis Act for growing of cannabis plants and harvesting material from those plants,
as well as associated activities.
Cannabis Nursery means the nursery cultivation Federal license holder under The Cannabis Act
for growing of cannabis plants to produce starting material (seed and seedlings) and associated
activities.
Cannabis Distributor means a person who holds a cannabis distributor license issued under the
Liquor, Gaming and Cannabis Control Act.
Cannabis Processing means the legal small-scale or large-scale manufacturing, packaging
and labelling of cannabis products destined for sale to consumers, and the intra-industry sale of
these products, including to provincially/territorially authorized distributors, as well as associated
activities.
Cannabis Store means the premises specified in a retail cannabis licence where the retail sale of
cannabis is authorized under the Liquor, Gaming and Cannabis Control Act.
Car Washes means an establishments primarily engaged in washing and cleaning motor vehicles
including: auto detail shop, automobile washing and polishing, mobile wash unit (trucks, autos),
waxing and polishing. Considered as Automotive Repair and Maintenance.
Cemeteries means establishments primarily engaged in operating sites or structures reserved for
the interment of human or animal remains.
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Child Day-Care Services means establishments primarily engaged in providing day-care services
for infants or children. These establishments may care for older children when they are not in school
and may also offer pre-kindergarten educational programs.
Community Care Facilities means establishments primarily engaged in providing residential and
personal care services for persons who are unable to fully care for themselves or who do not
desire to live independently. In some instances, these establishments provide skilled nursing care
for residents in separate on-site facilities. Includes the provision of room, board, supervision and
assistance in daily living services such as housekeeping.
Community Centre means a multi-purpose facility for recreational, social, day care, or cultural
uses where patrons are primarily participants and any spectators are incidental and attend on
a non-recurring basis. Examples include recreation and leisure centres, hockey and skating rinks,
curling, and community halls.
Community Garden means a communal garden provided for the sole use of or consumption by
the individual or individuals working the garden.
Community Health Centres means establishments, with medical staff, primarily engaged in
general out-patient care, which provides the services of a variety of health practitioners within the
same establishment. These establishments are often referred to as clinics or centres and must not
be confused with the offices of health practitioners.
Community Housing Services means establishments primarily engaged in providing short-term
shelter for victims of domestic violence, sexual assault or child abuse; temporary residential
shelter for the homeless, runaway youths, and patients and families caught in medical crisis; and
transitional housing for low-income individuals and families.
Contractor Service means a place of business for persons employed in trades, such as
construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road
construction, sewer or similar services of a construction nature which require on-site storage space
for materials, construction equipment or vehicles normally associated with the contractor service.
Any sales, display, office or technical support services areas shall be accessory to the principal
Contractor Service use.
Crematorium means establishments fitted with the proper appliances for the purposes of the
cremation of human or animal [not including livestock] remains.
Cultural Centre means a building or portion of a building dedicated to the celebration and
promotion of a cultural group or groups. A cultural centre is distinct from a private club on the basis
of a broader range of uses typically available to customers and guests, including restaurants, retail
sales, personal services, theatres, and banquet halls. In addition, customers and guests are not
required to be members of a non-profit organization.
Drinking Places (alcoholic beverages) means establishments, known as bars, taverns or
drinking places, primarily engaged in preparing and serving alcoholic beverages for immediate
consumption. Includes bars, beer parlours or taverns, brasseries, cocktail lounges, nightclubs.
Drinking Water System means a system used to pump, store, treat and distribute drinking water,
and includes the facilities and services used in the provision of drinking water.
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Drive-Through Facility means establishment that provides or dispenses products or services,
through an attendant or an automated machine, to persons remaining in vehicles that are in
designated stacking aisles. A drive-through facility may be in combination with other uses, such as
a bank, credit union, restaurant or gas station.
Dwelling Unit means a building or part of a building occupied or capable of being occupied, in
whole or in part as the habitable space, home, residence or sleeping place of one or more persons
either continuously, permanently, temporarily or seasonally, irrespective of tenure or ownership, but
shall not include recreational vehicle, camping tents, trailer or motor home. Dwelling Units include:
(a)
Dwelling Unit, Attached Accessory which means a room or rooms in which kitchen, sanitary
conveniences and sleeping quarters are provided for the exclusive use of the occupants and
with a private entrance from outside the building or from a common corridor or stairway
inside the building. Includes:
(i)
Secondary Suites means an accessory
dwelling unit constructed within and
accessory to a single detached dwelling,
including an attached garage.
(b)
Dwelling Unit, Detached Accessory means a dwelling unit
that is in a separate building or structure which is accessory
to and located on the same lot as the principal use, building or structure, but not including a
building or structure which is used as a dwelling unless specifically permitted. Includes:
(i)
Garage Suites means an accessory dwelling unit constructed above a
detached Garage (above grade); or a single-storey attached to the side or
rear of, a detached Garage (at-grade) that is accessory to a principal use.
(ii) Garden Suites means an accessory dwelling unit located in a detached
accessory structure to a principal use.
(c)
Dwelling Unit, Live Work means a unit that contains one Dwelling, in addition to dedicated
floor space for the purpose of conducting a business. The work component may or may
not be separate and distinct from the Dwelling. The Dwelling may be accessed through the
business space. This Use does not include a Home Based Business.
(d)
Dwelling, Converted means a residential use building
that has been altered, but not demolished and replaced,
to increase the number of dwelling units to three or more.
Single Detached Dwelling means a detached building
containing one dwelling unit only.
(e)
Semi-detached Dwelling means a residential use building
divided vertically into two separate dwelling units each of
which has an independent entrance.
(f)
Duplex Dwelling means the whole of a two-storey building
divided horizontally into two separate dwelling units, each
of which has an independent entrance either directly or through a
common vestibule.
(g)
Triplex Dwelling means whole of a three-storey building divided
horizontally into three separate dwelling units, each of which has an
independent entrance either directly or through a common vestibule.
Dwelling
Unit
Semi-detached
Dwelling
Duplex
Dwelling
Triplex
Dwelling
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(h)
Quadplex Dwelling, means only four (4) dwelling units in
either a Multiple Attached or Stacked typology.
(i)
Multiple Attached Dwelling means the whole of a residential
use building containing three or more dwelling units that are
divided vertically, each of which has an independent entrance.
For the purpose of this By-law, a rowhouse is considered to be
a multiple attached dwelling.
(j)
Stacked Dwelling means a residential use building containing
four or more dwelling units, where the units in each pair are
divided horizontally, and the pairs are divided vertically, and in
which each dwelling unit has an independent entrance.
(k)
Apartment Dwelling means a building containing four or
more dwelling units, in which dwelling units have a common
entrance from street level and are served by a common
corridor.
Educational Services means establishments primarily engaged
in providing instruction and training in a wide variety of subjects.
Specialized establishments, such as schools, colleges, universities
and training centres, provide this instruction and training. These
establishments may be privately owned and operated, either for profit or not, or they may be
publicly owned and operated. They may also offer food and accommodation services to their
students.
Equestrian Establishment means an area of land, which is used as an educational centre for horse
training, handling, care, or for the lodging of horses.
Exploration Projects [Advanced] is as defined in The Mines and Minerals Act.
Fabric Buildings [Cover-all Buildings, Portable Fabric Structures, Fabric Tension Buildings] means
buildings constructed using a rigid frame--which can consist of timber, steel, rigid plastic, or
aluminum--and a sturdy fabric outer membrane is stretched over the frame. The fabric cover is
tensioned to provide the stable structural support of the building. The fabric is tensioned using
multiple methods, varying by manufacturer, to create a tight fitting cover membrane.
Fitness and Recreational Sports Centres means establishments primarily engaged in operating
health clubs and similar facilities featuring exercise and other active physical fitness conditioning, or
recreational sports activities including athletic clubs, physical fitness facilities, gymnasiums, physical
fitness centres or studios, and health spas.
Funeral Homes means establishments primarily engaged in preparing the dead for burial or
interment and conducting funerals. Including funeral parlours, morticians or undertakers.
Gasoline Stations means establishments primarily engaged in retailing motor fuels, whether or not
the gasoline station is operated in conjunction with a convenience store, repair garage, restaurant
or other type of operation. Establishments that operate gasoline stations on behalf of their owners
and receive a commission on the sale of fuels are also included. Excludes retailing marine fuels at
marinas.
Gasoline Stations with Convenience Stores means establishments primarily engaged in retailing
automotive fuels combined with the retail sale of a limited line of merchandise, such as milk, bread,
soft drinks and snacks in a convenience store setting.
Multiple Attached
Dwelling
Quadplex
Dwelling
Stacked
Dwelling
Apartment
Dwelling
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Golf Courses and Country Clubs means establishments primarily engaged in operating golf
courses and country clubs that operate golf courses along with dining facilities and other
recreational facilities.
Health Care Offices means establishments primarily engaged in providing health care by
diagnosis and treatment. Includes Ambulatory health care services, Offices of physicians, dentists,
chiropractors, optometrists, mental health practitioners, and physical, occupational, and speech
therapists and audiologists; and other health practitioners.
Heavy Equipment Sales, Rental and Servicing means a facility that is engaged in the sales, rental
or repair of heavy equipment typically used in agricultural, commercial or industrial operations,
including tractors, trucks with a gross vehicle weight of over 15,000 pounds, Truck Tractor/Trailer
Combinations, harvesters, loaders and tracked vehicles as well as sales of parts, whether new or
used, for heavy equipment.
Heritage Institutions means establishments primarily engaged in preserving and exhibiting objects,
sites and natural wonders of historical, cultural and educational value. Includes Non-commercial
art museums and galleries, History and science museums, planetariums, halls of fame and wax
museums.
Heritage Resources means a heritage site, a heritage object, and any work or assembly of works
of nature or human endeavour that is of value for its archaeological, paleontological, prehistoric,
historic, cultural, natural, scientific or aesthetic features, and may be in a form of sites or objects or
combination of them.
Home Occupation means an occupation, professions or business use secondary to a Dwelling Unit,
and which is conducted entirely within the dwelling unit or accessory structure to a dwelling unit.
No aspects of the business operations shall be detectable from outside the property.
Home Based Business means an occupation, professions or business use secondary to a Dwelling
Unit, and which may generate more than one business associated visit per day. There may also be
non-resident employees, and a limited use of unenclosed areas by the use.
Hospitals means establishments, licensed as hospitals, primarily engaged in providing diagnostic
and medical treatment services, and specialized accommodation services to in-patients.
These establishments have an organized medical staff of physicians, nurses and other health
professionals, technologists and technicians. Hospitals use specialized facilities and equipment that
form a significant and integral part of the production process. Hospitals may also provide a wide
variety of out-patient services as a secondary activity
Hostels means an establishment providing short-term semi-private accommodations for travelers.
Hotels means establishments primarily engaged in providing short-term lodging in facilities
known as hotels. These establishments provide suites or guest rooms within a multi-storey or
high-rise structure, accessible from the interior only, and they generally offer guests a range of
complementary services and amenities, such as food and beverage services, parking, laundry
services, swimming pools and exercise rooms, and conference and convention facilities.
Information and cultural industries means establishments primarily engaged in producing
and distributing (except by wholesale and retail methods) information and cultural products.
Establishments providing the means to transmit or distribute these products or providing access to
equipment and expertise for processing data are also included. The land-uses include: publishing
industries, the motion picture and sound recording industries, the broadcasting industries, the
telecommunications industries, and the data processing and hosting services industries.
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Interpretive Centre means a building or group of buildings that provides interpretation of a place
of interest, such as the natural environment through a variety of media, such as video displays,
information panels and exhibitions of material, and which may also include facilities such as a
refreshment stand or gift shop.
Libraries means an establishments primarily engaged in maintaining collections and facilitating the
use of such documents (regardless of its physical form and characteristics) as are required to meet
the informational, research, educational or recreational needs of their users.
Light Equipment Sales, Rental and Servicing means a facility that is engaged in the sales, rental
or repair of light machinery and equipment including automotive tools, cleaning equipment,
concrete and masonry equipment, electric tools and accessories, gasoline generators, painting and
decorating equipment, home and garden equipment, home appliances, plumbing tools and other
similar tools and accessories.
Livestock Operation means a permanent or semi-permanent facility or non-grazing area where
livestock are kept or raised either indoors or outdoors, and includes all associated manure
collection facilities, but does not include an auction mart. Includes:
(a)
Livestock Operation Uses, 10 AU > 299 AU; and
(b)
Livestock Operations Uses, Large Scale, +300 Animal Units.
Livestock Operations, Animal Keeping, with less than 10 Animal Units in size means a facility such
as a hobby farm, private stable or equestrian establishment as an accessory use on a property.
Manufacturing means establishments primarily engaged in the chemical, mechanical or physical
transformation of materials or substances into new products. These products may be finished, in
the sense that they are ready to be used or consumed, or semi-finished, in the sense of becoming
a raw material for an establishment to use in further manufacturing. Related activities, such as
the assembly of the component parts of manufactured goods; the blending of materials; and the
finishing of manufactured products by dyeing, heat-treating, plating and similar operations are also
treated as manufacturing activities. Manufacturing establishments are known by a variety of trade
designations, such as plants, factories or mills. Land-Uses includes:
(a)
Textile product mills
(b)
Clothing manufacturing
(c)
Leather and allied product manufacturing
(d)
Footwear manufacturing
(e)
Wood product manufacturing
(f)
Sawmills and wood preservation
(g)
Veneer, plywood and engineered wood product manufacturing
(h)
Paper manufacturing
(i)
Printing and related support activities
(j)
Petroleum and coal product manufacturing
(k)
Chemical manufacturing
(l)
Pharmaceutical and medicine manufacturing
(m) Plastics and rubber products manufacturing
(n)
Non-metallic mineral product manufacturing
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(o)
Cement and concrete product manufacturing
(p)
Primary metal manufacturing
(q)
Fabricated metal product manufacturing
(r)
Machinery manufacturing
(s)
Computer and electronic product manufacturing
(t)
Electrical equipment, appliance and component manufacturing
(u)
Transportation equipment manufacturing
(v)
Furniture and related product manufacturing
(w) Medical equipment and supplies manufacturing
Medical and diagnostic laboratories means an establishment primarily engaged in providing
analytic or diagnostic services. These services are generally provided to the medical profession, or
to the patient on referral from a health practitioner.
Micro-Brewery / Distillery / Winery means an establishment completely contained within a
structure where beer, wine or liquor produced on-site and sold to the public by one or more of the
following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer);
the two-tier system (brewer acting as wholesaler to retailer to consumer); and directly to the
consumer through carry-outs or on-site tap-room or restaurant sales.
Mining, quarrying, and oil and gas extraction means establishments primarily engaged in
extracting naturally occurring minerals. These can be solids, such as coal and ores; liquids, such
as crude petroleum; and gases, such as natural gas. The term mining is used in the broad sense
to include quarrying, well operations, milling (for example, crushing, screening, washing, or
flotation) and other preparation customarily done at the mine site, or as a part of mining activity.
Establishments engaged in exploration for minerals, development of mineral properties and mining
operations are included in this sector. Establishments performing similar activities, on a contract or
fee basis, are also included. Land-uses include:
(a)
Oil and gas extraction
(b)
Mining and quarrying (except oil and gas, and Aggregate quarry)
(c)
Support activities for mining, and oil and gas extraction
Mobile Food Services means establishments primarily engaged in preparing and serving meals
and snacks for immediate consumption from motorized vehicles or non-motorized carts without
limiting the generality of the foregoing, wagons, trailers and trucks.
Mobile Home or Mobile Unit means a portable dwelling unit that is designed or used for residential
occupancy, built upon or having a frame or chassis to which wheels may be attached for
transportation purposes, whether or not such structure actually has at any time such wheels, or is
jacked up or skirted.
Motor vehicle and parts dealers means establishments primarily engaged in retailing motor
vehicles and providing complementary services, and retailing motor vehicle parts and accessories.
The establishments of this subsector are generally specialized in the retailing of particular types of
vehicles or in the retailing of particular types of parts and accessories. Excludes heavy duty trucks,
farm equipment and heavy equipment over over 15,000 pounds.
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Motorcycle, Boat and Other Motor Vehicle Dealers means establishments primarily engaged in
retailing new and used motorcycles, watercraft and other vehicles, such as snowmobiles, off-road
all-terrain vehicles, utility trailers, and aircraft. These establishments also typically retail replacement
parts and accessories, and provide repair services.
Motor Vehicle Towing means establishments primarily engaged in towing motor vehicles.
Establishments engaged in providing light and heavy towing services, both local and long
distance, to the general public, commercial, transportation and other sectors, are included. These
establishments may offer incidental services, such as tire repair, battery boosting and other
emergency road service.
Movie Theaters or Motion Picture and Video Exhibition are establishments primarily engaged in
exhibiting motion pictures.
Municipal Fire-Fighting Services means establishments of local governments primarily engaged in
the prevention, investigation and extinction of fires.
Nature Parks means establishments primarily engaged in operating, maintaining and protecting
nature parks, nature reserves or conservation areas. Included are conservation areas, national
parks, provincial parks, nature reserves, and natural wonders.
Nursing and Residential Care Facilities means establishments primarily engaged in providing
residential care combined with either nursing, supervisory or other types of care as required by
the residents. In this sub-sector, the facilities are a significant part of the production process and
the care provided is a mix of health and social services, with the health component being largely
nursing services.
Office means uses focusing on professional, scientific and technical services primarily engaged
in activities in which human capital is the major input and where the knowledge and skills of their
employees, often on an assignment basis, are made available. Includes:
(a)
Legal services
(b)
Accounting
(c)
Tax preparation
(d)
Bookkeeping and payroll services
(e)
Architectural, engineering and related services
(f)
Specialized design services
(g)
Computer systems design and related services
(h)
Management, scientific and technical consulting services
(i)
Insurance agencies and brokerages
(j)
Real estate agents and brokers
(k)
Scientific research and development services
(l)
Advertising, public relations, and related services
(m) Ancillary uses may include cafeterias, health facilities, parking, or other amenities primarily
for the use of employees in the firm or building. Excludes banks, credit unions and health care
offices.
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Off-Leash Dog Area means an outdoor fenced facility where residents have the opportunity to
exercise and socialize their dogs off leash within a controlled environment.
Outside Display means an outside display of goods and/or materials for sale, accessory to a retail
principal use. Merchandise may be directly available to the consumer for purchase.
Outside Storage means an unenclosed area where goods or materials including automobiles,
equipment or supplies are stored. Includes storage of materials in a structure with a roof, but no
walls, and storage of a shipping container is considered outside storage.
Park means a non-commercial, not-for profit site characterized by open space with natural
vegetation or landscaping amenities that may be available to the public for recreational,
educational, cultural, or aesthetic uses. May include recreational facilities or sports venues designed
to serve the leisure and amateur competition of the community with accessory uses including
clubhouses, maintenance facilities, concessions, and parking. May include school and religious
institution's ballfields, football fields, and soccer fields. May include passive areas with woodlots
and vegetation, and critical and significant wildlife habitat.
Parking Lot means a parking area that is the principal use on the lands and not accessory to any
other principal building or land-use.
Pavilion means a non-habitable structure with a roof and no walls associated with a tourist area
for the purpose of temporary sheltering people during events such as weddings, birthdays, and the
like that may also contain enclosed within walls, bathrooms, or shower facilities.
Performing Arts Companies means establishments primarily engaged in producing live
presentations that involve the performances of actors and actresses, singers, dancers, musical
groups and artists, and other performing artists. Examples of establishments in this industry group
are theatre companies, dance companies, musical groups and artists, circuses and ice-skating
shows.
Personal and Household Goods Repair and Maintenance means establishments primarily
engaged in repairing and maintaining personal and household goods, such as home and garden
equipment, appliances, furniture, footwear and leather goods, garments, watches, jewelry, musical
instruments, bicycles and recreational boats.
Personal Service Shops means establishments used for the provision of personal services to an
individual for personal grooming, or the cleaning and repair of personal effects. This use includes
barbershops, hairdressers, beauty salons, tattoo and piercing parlours, spa, tanning salon, tailors,
dressmakers, and dry cleaning establishments and laundromats. This Use does not include Health
Care Offices.
Pet care services (except veterinary) means establishments primarily engaged in grooming,
boarding and training pet animals. Includes animal shelters, boarding kennel service, humane
society facilities (animal shelters), pet grooming services, pet sitting services, and pet training
services.
Picnic Shelter means a non-habitable structure with a roof and support posts without walls
that is used for the purposes of picnicking, lounging or food preparation, not for overnight
accommodation or storage of chattels.
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Place of Worship means development used for worship and related religious, philanthropic
or social activities and includes Accessory rectories, manses, meeting rooms, food preparation
and service facilities, classrooms, dormitories and other buildings. Typical Uses include churches,
chapels, mosques, temples, synagogues, parish halls, convents and monasteries.
Planned Unit Development means a large, integrated development on a single tract of land or on
two or more tracts of land that may be separated only by a street of other right-of-way.
Postal Service means establishments primarily engaged in operating the postal service.
Establishments of the Post Office, other than those primarily engaged in providing courier services,
are classified in this industry, as well as establishments that carry on one or more functions of the
postal service on a contract basis, except the delivery of mail in bulk.
Private Clubs means development used for the meeting, social or recreational activities of
members of non-profit philanthropic, civic, political, ethnic, retirement association, social service,
athletic, business or fraternal organization, without on-site residences. Private Clubs may include
rooms for eating, drinking and assembly.
Private Stables means a building in which horses are kept (also sometimes other livestock) can be
maintained privately for an owner's own horses, or operated as a public business where a fee is
charged for keeping other people's horses.
Public Works Yard means any land, building or structure operated by a government entity for the
storage, manufacture, maintenance or repair of materials, equipment, heavy machinery or motor
vehicles used in connection with public works such as roads or parks maintenance. Includes the
outside storage of road maintenance material such as gravel or sand.
Recreational and Vacation Camps (except hunting and fishing) means establishments primarily
engaged in operating overnight recreational camps, such as children's camps, family vacation
camps, and outdoor adventure retreats that offer trail riding, white-water rafting, hiking and similar
activities.
Recreational Vehicle Dealers means establishments primarily engaged in retailing new and
used recreational vehicles (RVs), such as motor homes, recreational trailers and campers. These
establishments also typically retail replacement parts and accessories, and provide repair services.
Recreational Vehicle (RV) Parks and Campgrounds means establishments primarily engaged in
operating serviced or un-serviced sites to accommodate campers and their equipment. Includes
tents, tent trailers, travel trailers and recreational vehicles being provided access to facilities, such
as washrooms, laundry rooms, recreation halls and facilities, and stores and snack bars.
Resorts means establishments primarily engaged in providing short-term lodging in facilities
known as resorts. These establishments feature extensive indoor and/or outdoor leisure activities
on the premises on a year-round basis. Resorts are designed to accommodate vacationers and
provide full-service suites and guest rooms, typically in a non-urban setting next to lakes, rivers or
mountains. Establishments of this type often provide access to conference facilities. Include resorts
with integrated health spa facilities.
Restaurants means establishments primarily engaged in providing food services to patrons who
order and are served while seated and pay after eating, or who order or select items at a counter,
food bar or cafeteria line (or order by telephone) and pay before eating. Includes Full-service
restaurants; and limited-service eating places such as coffee shops, doughnut shops, fast food
restaurants, ice cream parlour, take-out restaurants. Excludes Mobile Food Services.
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Retail Store [Store retailers] means establishments operating as a permanent, fixed point-of-sale
location for Retail Trade, located and designed to attract a high volume of walk-in customers.
Typically sell merchandise to the general public for personal or household consumption, but some
also serve businesses and institutions and includes uses such as:
(a)
Food and beverage stores
(b)
Grocery stores
(c)
Supermarkets and other grocery
(d)
Convenience Stores
(e)
Specialty Food Stores
(f)
Meat markets
(g)
Fish and seafood markets
(h)
Fruit and vegetable markets
(i)
Baked goods stores
(j)
Confectionery and nut stores
(k)
Beer, wine and liquor stores
(l)
Health and personal care stores
(m) Pharmacies and drug stores
(n)
Cosmetics, beauty supplies and perfume stores
(o)
Optical goods stores
(p)
Food (health) supplement stores
(q)
Clothing and clothing accessories stores
(r)
Jewellery, luggage or leather goods stores
(s)
Sporting goods, hobby, book or music stores
(t)
General merchandise stores
(u)
Department stores
(v)
Warehouse clubs
(w) Home and auto supplies stores
(x)
Gift, novelty and souvenir stores
(y)
Used merchandise stores
(z)
Furniture and home furnishings stores
(aa) Electronics and appliance stores
Excludes the following:
(a)
Cannabis
(b)
Gasoline stations
(c)
Gasoline stations with convenience stores
(d)
Mobile home dealers
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(e)
Motor vehicle and parts dealers
(f)
Motorcycle, Boat and Other Motor Vehicle Dealers
(g)
Recreational Vehicle Dealers
(h)
Individuals or an immediate family member or employee(s) of the individual who sells produce
grown in Manitoba
Retail Trade [non-store retailers] means establishments engaged in retailing merchandise, generally
without transformation, and rendering services incidental to the sale of merchandise. The retailing
process is the final step in the distribution of merchandise; retailers are therefore organized to sell
merchandise in small quantities to the general public. Retail Trade is non-store retailers that are
mobile, temporary uses or accessory uses to manufacturing, and light industrial; and includes
uses such as:
(a)
Those found in Retail Store;
(b)
Electronic shopping and mail-order houses
(c)
Heating oil dealers
(d)
Liquefied petroleum gas (bottled gas) dealers
(e)
Other fuel dealers, such as diesel fuel, delivered to customers' premises
(f)
Other gasoline stations such as: Cardlock Stations (except petroleum tank farms)
Excludes the following:
(a)
Air transportation
(b)
Rail transportation
(c)
Water transportation
(d)
Truck transportation
(e)
Individuals or an immediate family member or employee(s) of the individual who sells produce
grown in Manitoba
Rooming and Boarding Houses means establishments primarily engaged in operating rooming
and boarding houses and similar facilities. A building or part of building, used for congregate
living, containing Sleeping Units and four or more persons, and where there is no provision
of on-site care, treatment or professional services of a physical or mental health nature. May
provide complementary services, such as housekeeping, meals and laundry service; may provide
temporary or longer-term accommodation, which, for the period of occupancy, may serve as a
principal residence.
Scenic and Sightseeing Transportation means establishments primarily engaged in providing
recreational transportation, such as sightseeing or dinner cruises, steam train excursions,
horse-drawn sightseeing rides, air-boat rides or hot-air balloon rides. These establishments often
use vintage or specialized transportation equipment. The services provided are local in nature,
usually involving same-day return. Establishments that provide charter fishing services are included.
Self-Storage Mini-Warehouses means establishments primarily engaged in renting or leasing
space for self-storage. These establishments provide secure space (rooms, compartments, lockers,
containers or outdoor space) where clients can store and retrieve their goods.
Shipping Containers [Sea Cans] mean an intermodal container designed and built for intermodal
freight transport.
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Sports Arena/Stadiums facilities means establishments primarily engaged in operating sports
stadiums and other sports facilities, and organizing and promoting sports events or similar events
held in these facilities. Includes:
(a)
Promoting and presenting sports tournaments, in their own facilities
(b)
Professional, semi-professional or amateur athletes primarily engage in performing before a
paying audience
(c)
Professional, semi-professional, or amateur sports clubs primarily engaged in presenting or
participating in sporting events before a paying audience
Testing Laboratories means establishments primarily engaged in providing physical, chemical and
other analytical testing services. The testing activities may occur in a laboratory or on-site.
Truck Transportation means establishments primarily engaged in the truck transportation of
goods. These establishments may carry general freight or specialized freight. Specialized freight
comprises goods that, because of size, weight, shape or other inherent characteristics, require
specialized equipment for transportation. Establishments may operate locally, that is within a
metropolitan area and its hinterland, or over long distances, that is between metropolitan areas.
Tourist campsites (campground) means establishments primarily with fixed camp sites for the
seasonal, temporary use of tents and pop-tent trailers, and may provide other amenities, such as
food services, recreational facilities and equipment, organized recreational activities, washrooms,
laundry rooms, recreation halls and facilities, vending machines, and snack bars.
Utilities means establishments primarily engaged in operating electric, gas and water utilities.
These establishments generate, transmit, control and distribute electric power; distribute natural
gas; treat and distribute water; operate sewer systems and sewage treatment facilities; and
provide related services, generally through a permanent infrastructure of lines, pipes and treatment
and processing facilities. Includes: Electric power generation, transmission and distribution; and
Natural gas distribution.
Veterinary Services means establishments of licensed veterinary practitioners primarily engaged
in the practice of veterinary medicine, dentistry, or surgery for animals includes:
(a)
Animal hospitals
(b)
Consulting and visiting services, veterinary
(c)
Herd inspecting and testing services, veterinary
(d)
Surgery services, veterinary
(e)
Veterinary practices or clinics
(f)
Veterinary testing laboratories
Warehousing and Storage means establishments primarily engaged in operating general
merchandise, refrigerated and other warehousing and storage facilities. Included in this sub-sector
are third-party warehouses serving retail chains and wholesalers. Establishments in this sub-sector
provide facilities to store goods for customers. They do not take title to the goods they handle.
These establishments take responsibility for storing the goods and keeping them secure. They may
also provide a range of services, often referred to as logistics services, related to the distribution
of a customer's goods. Logistics services can include labelling, breaking bulk, inventory control and
management, light assembly, order entry and fulfillment, packaging, pick and pack, price marking
and ticketing and transportation arrangement. However, establishments in this sub-sector always
provide storage services in addition to any logistics services. Furthermore, the storage of goods
must be more than incidental to the performance of a service such as price marking.
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Waste Disposal Grounds means a parcel of land that is used for the disposal of solid or industrial
waste [Landfill].
Wastewater Management System means a system used to collect, store, treat, distribute and
dispose of wastewater, and includes the facilities and services associated in the management of
wastewater [Sewage treatment facilities].
Wholesale Trade means establishments primarily engaged in wholesaling merchandise, generally
without transformation, and rendering services incidental to the sale of merchandise. The
wholesaling process is an intermediate step in the distribution of goods. Many wholesalers are
organized to sell merchandise in large quantities to retailers, and business and institutional clients.
However, some wholesalers, in particular those that supply non-consumer capital goods, sell
merchandise in single units to final users. Includes:
(a)
Petroleum and petroleum products merchant wholesalers
(b)
Food merchant wholesalers
(c)
Beverage merchant wholesalers
(d)
Cigarette and tobacco product merchant wholesalers
(e)
Personal and household goods merchant wholesalers
(f)
Motor vehicle and motor vehicle parts and accessories merchant wholesalers
(g)
Building material and supplies merchant wholesalers
(h)
Machinery, equipment and supplies merchant wholesalers
(i)
Building material and garden equipment and supplies dealers
(j)
Recyclable material merchant wholesalers
(k)
Paper, paper product and disposable plastic product merchant wholesalers
(l)
Chemical (except agricultural) and allied product merchant wholesalers
(m) Business-to-business electronic markets, and agents and brokers
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6.0
ZONING DISTRICTS
6.1
Establishing Zones for Land-Uses
Land-uses in the Planning Area are regulated in accordance with the following zoning districts in
Table 10: Zoning Districts.
Table 10.
Zoning Districts
Zoning Districts
Abbr.
Open Space
OS
Institutional
IN
Residential - First Density
R1
Residential - Second Density
R2
Commercial Main Streets
CM
Commercial Highway
CH
Employment Mixed Use
EMU
Industrial General
M
Agriculture Restricted
AR
Planned Development Overlay - 1
PDO-1
Planned Development Overlay - 2
PDO-2
6.2
Allowable Uses: Permitted and Conditional
(1)
The permitted and conditional uses are land-uses prescribed for lands within each
zone, which are set out in the Land-Use Table for each Zoning District.
(2)
Where a use is not listed and is not similar to, or accessory to, a permitted or
conditional principal use, or a permitted or conditional secondary use, the land-use is
not allowed in the zone.
6.3
Bulk Regulations
(1)
No land, building, or structure shall be used or occupied, and no building or structure
shall be constructed, erected, altered, enlarged, or placed, except in accordance
with the bulk requirements described in the Bulk Regulations Tables for each Zoning
District, unless described elsewhere in this By-law.
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6.4
Planned Development Overlay Districts
The following overlay zoning districts are hereby established, and each such district is intended for
the purposes described below.
6.4.1.
Planned Development Overlay - 1 (PDO-1) (Special District)
Is a zoning district which is applied over one or more previously established zoning districts,
establishing additional or stricter standards and criteria for covered properties in addition to those
of the underlying zoning district.
(1)
Planned Development Overlay 1 (PDO-1) are used to:
a.
Promote specific land-uses to develop, such as mixed-use, affordable housing,
or a type of agricultural operation, by enabling the land-use(s) in a specified
sub-area;
b.
Restrict specific types of land-uses on an area wide basis to protect a nearby
special features such as historic resources, airports, wetlands, steep slopes, and
waterfronts; or
c.
Establish dimensional standards such as lot areas, lot coverage, yards, signage,
parking requirements, and setbacks affecting only a sub-area to protect a
special feature or to promote a specific type of development.
(2)
The purpose of the Planned Development Overlay 1 (PDO-1) overlay district is to provide
a means to alter or specify allowed uses and/or development standards in otherwise
appropriate zones, in unique or special circumstances, in order to achieve local
planning objectives across multiple properties or neighbourhoods, and not associated
with any master planned development envisioned for an area or a site.
(3)
Used to tailor the regulations of a land-use(s) in a specific geographical location.
(4)
A PDO-1 zoning district is appropriate when additional zoning controls are required
to address an area-wide (rather than site-specific) condition, or to implement an
area-wide plan for the proposed district. PDO-1 districts are generally appropriate for
areas with unique or special circumstances.
(5)
The PDO-1 overlay must only be applied to zones where specified through a text
amendment to the Zoning By-law. Such amendment must include:
a.
A map of the location(s) of any lands affected by the overlay at an appropriate
scale indicating the designation, location, and boundaries of each underlying
zoning district; and
b.
Every regulation specified or changed for the underlying zoning district by the
PDO-1 overlay including the addition or removal of allowable uses.
(6)
The PDO-1 overlay may not be used:
c.
Where the proposed changes to the regulations of the underlying zoning district:
(i)
are significant enough to be inconsistent with the general purpose of the
underlying zoning district(s) and the designation of another existing zone
district in this By-law would be more appropriate;
(ii) are not merely related to local planning objectives but would have
significant general application to warrant an amendment to the text of the
underlying zoning district itself or to create a new Zoning District; or
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(iii) are intended to provide such detailed or site-specific control over the design
and siting of a special development that the use of the PDO-2 overlay would
be more appropriate.
(7)
All regulations in the Zoning By-law must apply to development in the area covered by
the adopted PDO-1 overlay, unless the PDO-1 By-law specifically modifies or alleviates
those regulations.
6.4.2. Planned Development Overlay - 2 (PDO-2) (Master Planned Development)
Is a zoning district, which modifies the zoning regulations and standards of an existing zoning
district by tailoring the zoning to address the specific needs of a development project planned for a
site. PDO-2s formulate the site-specific regulations in response to on-site conditions, or to mitigate
off-site impacts associated with a planned development.
(1)
The purpose of the Planned Development Overlay 2 (PDO-2) overlay district is to
provide for site-specific control over an individual proposed development, in unique or
special circumstances, where any other zone would be inappropriate or inadequate.
(2)
A PDO-2 district is appropriate when the proposed development regulations do not
relate to an area-wide condition, but are explicit to covering only the location of the
proposed development.
(3)
PDO-2 districts are appropriate for a development with unique attributes or located on
a site with special characteristics, which have not been contemplated in the existing
zoning districts.
(4)
The PDO-2 overlay must only be applied to a well-defined site to regulate a specific
development being proposed under the following circumstances:
a.
The proposed development exceeds the development provisions of the closest
equivalent existing zoning district;
b.
The proposed development requires specific regulations to ensure land use
conflicts with adjoining and adjacent properties are minimized;
c.
The site for the proposed development has unique characteristics that require
specific regulations; or
d.
The ongoing operation of the proposed development and the unique nature of
the land-use(s) requires specific regulations to that site.
(5)
The PDO-2 overlay must only be applied to zones where specified through a text
amendment to the Zoning By-law. Such amendment must include:
a.
A map of the location(s) of any lands affected by the overlay at an appropriate
scale indicating the designation, location, and boundaries of the PDO-2 overlay;
and
b.
Every regulation specified by this Zoning By-law for a zoning district to be
regulated by the PDO-2 overlay including allowable use and lot dimensions.
(6)
The regulations provided in the PDO-2 district substitute the specified regulations of the
Zoning By-law, and the provisions of the PDO-2 govern.
(7)
All regulations in the Zoning By-law shall apply to a development in the area covered
by the adopted PDO-2 overlay, unless the PDO-2 By-law specifically modifies or
alleviates those regulations.
(8)
Where there is a conflict between the provisions of the PDO-2 and those of the
underlying zone including zones modified by a PDO-1, the provisions of the PDO-2s
govern.
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6.5
Land-Use Table
6.5.1.
Definition Of Symbols Used In Tables
(1)
Table 11 lists the principal, accessory, and temporary land-uses allowed within all base
zoning districts.
(2)
In Table 11:
a.
"P" in a cell indicates that the use identified at the far left of that row is
permitted principal use in the zoning district identified at the top of that column;
b.
"C" in a cell indicates that, in the zoning district identified at the top of that
column, the use identified at the far left of that row is allowed only if reviewed
and approved as a conditional use in accordance with the procedures of
Provincial legislation;
c.
"A" in a cell indicates that the use identified at the far left of that row is permitted
as an accessory in the zoning district identified at the top of that column when a
principal use is established on the same lot;
d.
a blank cell indicates that the use identified at the far left of that row is not
permitted in the zoning district identified at the top of that column.
(3)
Use Specific Standards (U.S.S) listed under Table 11 and within the Bulk Tables for each
zoning district effecting land-uses shall also apply.
Table 11.
Land Uses - Permitted, Conditional and Accessory
Zoning Districts
Land Use
OS
IN
R1
R2
CM
CH
EMU
M
AR
U.S.S
1.
Agri-Business
P
P
P
C
2.
Agri-Manufacturing
P
P
C
3.
Animal Keeping
C
A
A
A
C
2.34
4.
Apiculture (Beekeeping)
C
C
A
A
A
A
A
P
2.33
5.
Auction House
P
6.
Auction Yard
P
7.
Automotive Dealers
P
P
8.
Automotive Repair and
Maintenance
P
P
P
P
9.
Bed and Breakfast
A
A
2.28
10.
Bungalow Clusters
P
P
4.8
11.
Bungalow Courts
P
P
4.9
12.
Cannabis Distributor
P
C
C
P
P = Permitted; C = Conditional; A = Accessory
ZONING DISTRICTS
85
TOWN OF MORRIS ZONING BY-LAW
Zoning Districts
Land Use
OS
IN
R1
R2
CM
CH
EMU
M
AR
U.S.S
13.
Cannabis Cultivation
P
14.
Cannabis Nursery
P
15.
Cannabis Processing
C
C
C
16.
Cannabis Store
C
P
P
P
17.
Car Washes
P
P
P
18.
Cemeteries
P
P
C
C
C
19.
Child Day-Care Services
A
P
P
P
P
P
P
A
2.28
20.
Community Care Facilities
P
C
4.5
21.
Community Centre
P
P
C
C
P
22.
Community Garden
P
P
P
P
P
P
23.
Community Health Centres
C
P
P
P
P
24.
Community Housing Services
P
P
P
25.
Contractor Services
C
P
P
P
26.
Cultural Centre
P
P
P
P
27.
Drinking Places
C
P
P
C
A
28.
Drinking Water System
P
P
P
P
P
P
P
P
P
29.
Drive-Through Facility
P
3.14
30.
Dwelling Unit, Accessory
A
A
A
A
A
A
A
A
4.1
31.
Dwelling, Single-Detached
P
P
A
C
32.
Dwelling, Duplex
P
P
A
33.
Dwelling, Triplex
P
P
A
34.
Dwelling, Quadplex
C
P
A
35.
Dwelling, Multi-Attached
C
P
36.
Dwelling, Stacked
C
P
37.
Dwelling, Apartment
P
C
38.
Dwelling Unit, Live-Work
C
P
P
4.10
39.
Educational Services
P
P
P
40. Equestrian Establishments
C
2.34
41.
Fabric Buildings
2.24
42.
Finance and Insurance
P
P
P = Permitted; C = Conditional; A = Accessory
ZONING DISTRICTS
86
TOWN OF MORRIS ZONING BY-LAW
Zoning Districts
Land Use
OS
IN
R1
R2
CM
CH
EMU
M
AR
U.S.S
43.
Fitness and Recreational
Sports Centres
P
P
P
P
P
P
C
44.
Funeral Homes
P
P
P
P
45.
Gasoline Stations / Gasoline
Stations with Convenience
Stores
P
P
P
P
46.
Golf Courses and Country
Clubs
P
C
47.
Health Care Offices
P
P
P
P
48.
Heritage Institutions
P
P
P
P
49.
Heritage Resources
P
P
P
P
50.
Heavy Equipment Sales,
Rental and Servicing
P
P
P
51.
Home-Based Business
A
A
2.28
52.
Home Occupation
A
A
2.28
53.
Hospital
P
54.
Hostels
P
55.
Hotels
P
P
P
56.
Information and cultural
industries
P
P
57.
Interpretive Centres
P
P
P
P
P
58.
Libraries
P
P
P
59.
Light Equipment Sales, Rental
and Servicing
P
P
P
60.
Livestock Operation Uses, <
10 AU
C
C
2.34
61.
Manufacturing
C
P
P
P
62.
Medical and Diagnostic
Laboratories
P
P
P
P
63.
Micro-Brewery / Distillery /
Winery
P
P
P
P
64.
Mobile Food Services
A
A
P
P
P
A
P = Permitted; C = Conditional; A = Accessory
ZONING DISTRICTS
87
TOWN OF MORRIS ZONING BY-LAW
Zoning Districts
Land Use
OS
IN
R1
R2
CM
CH
EMU
M
AR
U.S.S
65.
Mobile Homes or Mobile
Units
A
C
A
4.14
66.
Mobile Home Parks
4.14
67.
Motels
P
P
68.
Motor vehicle and parts
dealers
P
P
P
69.
Motorcycle, Boat and Other
Motor Vehicle Dealers
C
P
P
P
70.
Motor Vehicle Towing
P
P
P
71.
Movie Theatre
A
P
P
P
72.
Municipal Fire-Fighting
Services
P
P
P
P
P
P
P
P
73.
Nature Parks
P
P
P
P
P
P
P
P
P
74.
Nursing and Residential Care
Facilities
P
75.
Office
P
P
P
P
C
C
76.
Off-Leash Dog Area
P
P
C
C
P
P
P
C
C
77.
Outside Display
A
A
A
78.
Outside Storage
A
A
A
3.10
79.
Park
P
P
P
P
P
P
P
C
C
80.
Parking Lot
A
A
C
A
A
A
81.
Pavilion
P
P
P
C
C
82.
Performing Arts Companies
C
P
P
P
83.
Personal and Household
Goods Repair and
Maintenance
P
P
P
84.
Personal Service Shops
P
P
P
P
P
85.
Pet Care Services (except
Veterinary)
P
P
P
86.
Picnic Shelter
P
P
P
P
P
P
P
P
P
87.
Place of Worship
P
P
C
C
C
88.
Postal Service
P
P
P
P = Permitted; C = Conditional; A = Accessory
ZONING DISTRICTS
88
TOWN OF MORRIS ZONING BY-LAW
Zoning Districts
Land Use
OS
IN
R1
R2
CM
CH
EMU
M
AR
U.S.S
89.
Private Clubs
C
P
P
P
90.
Private Stables
C
C
C
2.34
91.
Public Works Yard
P
P
P
C
C
92.
Recreational Vehicle Dealers
P
P
93.
Restaurants
C
P
P
94.
Retail Stores
A
A
P
P
95.
Retail Trade
C
P
P
P
P
96.
Rooming and Boarding
Houses
A
C
4.4
97.
Scenic and Sightseeing
Transportation
C
P
98.
Self-Storage Mini
Warehouses
P
P
99.
Shipping Containers
C
P
2.25
100. Sports Arena/Stadium
C
P
101. Testing Laboratories
P
P
P
P
102. Truck Transportation
C
C
103. Tourist Campsite
C
C
C
104. Utilities
P
P
P
P
P
P
P
P
P
105. Veterinary Services
P
P
P
106. Warehousing and Storage
P
P
107. Wholesale Trade
P
P
P
P = Permitted; C = Conditional; A = Accessory
ZONING DISTRICTS
89
TOWN OF MORRIS ZONING BY-LAW
6.6
Open Space - OS
6.6.1.
Purpose
This Zone enables public access to lands for active and passive recreational uses in parks; the
creation of landscaped buffers between incompatible land-uses; the preservation of critical
and significant wildlife habitat; and the protection of Natural Land Policy Areas identified for
such protection to optimize ecological, heritage, cultural, health and economic benefits to the
communities.
6.6.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "OS" Open Space zone as outlined
on Table 12.
Table 12.
"OS" Bulk Standards
Land Use
i.
Building Height
(max) ft.
Lot Dimensions
Required Yards
ii. Lot
Area (min) ft2
iii. Lot Frontage
(min) ft.
iv. Lot
Coverage (max)
v. Front Yard
(min ft.
vi. Interior Side
Yard (min) ft.
vii. Exterior Side
Yard (min) ft.
viii. Rear
Yard (min) ft.
(a)
Nature Park
35
5,000
50
40%
10
5
5
25
(b)
Park
35
5,000
50
40%
10
5
5
25
(c)
Recreational Vehicle (RV)
Parks and Campgrounds
35
2,500
25
40%
10
5
5
25
(d)
All Other Uses
35
9,000
60
40%
10
5
10
25
6.6.3. Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone regulations
apply in the OS Zone:
a.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.33
Apiculture (Beekeeping).
b.
Retail Store shall not exceed 800 square feet of gross floor area.
c.
Retail Trade shall not exceed 400 square feet of gross floor area.
ZONING DISTRICTS
90
TOWN OF MORRIS ZONING BY-LAW
6.7
Institutional - IN
6.7.1.
Purpose
This zone enables public or privately owned facilities with an orientation towards educational,
institutional, health care or community services to exist alongside uses that complement the
institutional land-use.
6.7.2.
Bulk Standards
The following zone regulations apply to all allowable uses in the "IN" Institutional zone as outlined
on Table 13.
Table 13.
"IN" Bulk Standards
Land Use
i.
Building Height
(max) ft.
Lot Dimensions
Required Yards
ii. Lot Area
(min) ft2
iii. Lot
Frontage
(min) ft.
iv. Lot
Coverage
(max)
v. Front
Yard (min ft.
vi. Interior
Side Yard
(min) ft.
vii. Exterior
Side Yard
(min) ft.
viii. Rear Yard
(min) ft.
(a)
Community Centre
50
7,500
65
50%
-
5
5
25
(b)
Fire Protection Services
50
7,500
65
75%
35
5
5
25
(c)
Hospital
50
20,000
100
75%
30
15
15
25
(d)
Place of Worship
50
20,000
100
60%
30
5
5
25
(e)
All Other Uses
50
5,000
50
40%
20
10
15
25
6.7.3.
Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone regulations
apply in the IN Zone:
a.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.33
Apiculture (Beekeeping).
b.
Accessory Dwellings shall be permitted as provided under Section 4.1 Accessory
Dwelling Units and Section 4.12 Dwelling Units, Industrial and Institutional Zones.
c.
Community Care Facilities shall only be permitted as provided under Section 4.5
Community Care Facilities.
d.
Retail Store shall not exceed 800 square feet of gross floor area.
e.
Retail Trade shall not exceed 800 square feet of gross floor area.
ZONING DISTRICTS
91
TOWN OF MORRIS ZONING BY-LAW
6.8
Residential First Density - R1
6.8.1.
Purpose
This Zone is to provide for Single-Detached Dwellings with Semi-Detached, Duplex, and Triplex
Dwellings allowed in limited locations. It is the lowest density residential zone in the Municipality.
6.8.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "R1" Residential First Density zone
as outlined on Table 14.
Table 14.
"R1" Bulk Standards
Land Use
i.
Building Height
(max) ft.
Lot Dimensions
Required Yards
ii. Lot Area
(min) ft2
iii. Lot Frontage
(min) ft.
iv. Lot
Coverage (max)
v. Gross Floor
Area (min) ft.2
vi. Front Yard
(min ft.
vii. Interior Side
Yard (min) ft.
viii. Exterior Side
Yard (min) ft.
ix. Rear Yard
(min) ft.
(a)
Single-Detached
35
2,500
25
40%
800
25
5
5
25
(b)
Semi-Detached
35
5,000
50
40%
800
25
5
5
25
(c)
Duplex
35
5,000
50
40%
800
25
5
5
25
(d)
Triplex
35
5,000
50
40%
800
25
5
5
25
(e)
All Other Uses
35
9,000
60
40%
800
25
5
10
25
6.8.3. Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone regulations
shall also apply in the R1 Zone:
a.
Home Enterprises shall be permitted only in Single-Detached Dwellings as
provided under Section 2.28 Home Enterprises.
b.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.33
Apiculture (Beekeeping).
c.
Animal Keeping, Farm Animals shall be permitted only with Single-Detached
Dwellings as provided under Section 2.34 Livestock.
d.
Accessory Dwelling Units shall only be permitted with Single-Detached Dwellings
as provided under Section 4.1 Accessory Dwelling Units.
e.
Accessory structures are permitted projections within the rear yard.
ZONING DISTRICTS
92
TOWN OF MORRIS ZONING BY-LAW
f.
Semi-Detached, Duplex, and Triplex Dwellings shall only be permitted on Corner
Lots as provided under Section 4.3 Corner Lots.
g.
Semi-Detached Dwellings may be split onto separate lots to allow each dwelling
unit on its own lot as provided under Section 4.7 Splitting Attached Dwellings on to
Separate Lots.
h.
Community Care Facilities shall only be permitted on Corner Lots as provided
under Section 4.3 Corner Lots and Section 4.5 Community Care Facilities.
ZONING DISTRICTS
93
TOWN OF MORRIS ZONING BY-LAW
6.9
Residential Second Density - R2
6.9.1.
Purpose
This Zone is to provide for Single-Detached, Semi-Detached, Duplex, Triplex, and Quadplexes; and
buildings with more than four (4) units.
6.9.2.
Bulk Standards
The following zone regulations apply to all allowable uses in the "R2" Residential Secondary Density
zone as outlined on Table 15.
Table 15.
"R2" Bulk Standards
Land Use
i.
Building Height
(max) ft.
Lot Dimensions
Required Yards
ii. Lot Area
(min) ft2
iii. Lot Frontage
(min) ft.
iv. Lot
Coverage (max)
v. Gross Floor
Area (min) ft.2
vi. Front Yard
(min ft.
vii. Interior Side
Yard (min) ft.
viii. Exterior Side
Yard (min) ft.
ix. Rear Yard
(min) ft.
(a)
Single-Detached
35
2,500
25
50%
--
15
4
4
10
(b)
Semi-Detached
35
5,000
50
50%
--
15
4
4
10
(c)
Duplex
35
5,000
50
50%
--
15
4
4
10
(d)
Triplex
35
5,000
50
50%
--
15
4
4
10
(e)
Quadplex
35
5,000
50
50%
--
15
4
4
10
(f)
Multi-Attached
35
8,000
80
60%
1000
15
4
4
10
(g)
Stacked
35
8,000
80
60%
500
15
4
4
10
(h)
All Other Uses
35
9,000
60
40%
--
25
5
10
25
6.9.3.
Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone regulations
also apply in the R2 Zone:
a.
Multi-Attached Dwellings and Stacked Dwellings with more than 4 units are
a conditional use with the maximum density, the number of allowable units,
calculated by the gross lot area divided by the Gross Floor Area of the zone.
ZONING DISTRICTS
94
TOWN OF MORRIS ZONING BY-LAW
b.
Home Enterprises shall be permitted only in Single-Detached Dwellings as
provided under Section 2.29 Home Enterprises.
c.
Accessory Dwelling Units shall only be permitted with Single-Detached Dwellings
as provided under Section 4.1 Accessory Dwelling Units.
d.
Semi-Detached Dwellings and Multi-Attached Dwellings may be split onto
separate lots to allow each dwelling unit on its own lot as provided under Section
4.7 Splitting Attached Dwellings on to Separate Lots.
e.
Rooming and Boarding Houses shall only be permitted on Corner Lots as
provided under Section 4.3 Corner Lots and Section 4.4 Rooming and Boarding
Houses.
f.
Community Care Facilities shall only be permitted on Corner Lots as provided
under Section 4.3 Corner Lots and Section 4.5 Community Care Facilities.
ZONING DISTRICTS
95
TOWN OF MORRIS ZONING BY-LAW
6.10 Commercial Main Street - CM
6.10.1. Purpose
This Zone enables the development of the traditional Main Street with a mix of business and
personal services in smaller boutique settings that serve the day-to-day needs of residents and
help make the street environment more walkable with active frontages. Certain types of residential
uses are allowed only above the ground floor or attached to the rear of the structure in a mixed use
building where other permitted uses are on the ground floor fronting the public road.
6.10.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "CM" Commercial Main Street zone
as outlined on Table 16.
Table 16.
"CM" Land Use
Land Use
i.
Building Height
(max) ft.
Lot Dimensions
Required Yards
ii. Lot Area
(min) ft2
iii. Lot Frontage
(min) ft.
iv. Lot
Coverage (max)
v. Front Yard
(min) ft.
vi. Interior Side
Yard (min) ft.
vii. Exterior Side
Yard (min) ft.
viii. Rear Yard
(min) ft.
(a)
Automotive Repair and
Maintenance
35
7,500
65
75%
30
5
5
25
(b)
Community Centre
50
7,500
65
50%
-
5
5
25
(c)
Dwelling, Single-Detached
35
2,500
25
40%
10
5
5
25
(d)
Dwelling, Semi-Detached
35
2,500
50
40%
10
5
5
25
(e)
Dwelling, Duplex
35
5,000
50
40%
10
5
5
25
(f)
Dwelling, Triplex
35
5,000
50
40%
10
5
5
25
(g)
Dwelling, Multi-Attached
50
9,000
60
60%
10
5
10
25
(h)
Hotels
50
12,500
75
75%
-
5
5
25
(i)
Municipal Fire-Fighting Services
50
7,500
65
75%
35
5
5
25
(j)
All other uses
50
2,500
25
95%
0
0
0
25
ZONING DISTRICTS
96
TOWN OF MORRIS ZONING BY-LAW
6.10.3. Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone regulations
apply in the Commercial Main Streets Zone:
a.
Residential Uses shall be subject to Section 4.11 Dwelling Units, Commercial Zones.
b.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.33
Apiculture (Beekeeping).
c.
Retail Stores shall not exceed 10,000 square feet of gross floor area.
d.
Retail Trade shall not exceed 400 square feet of gross floor area.
e.
Site Plan Approval / Design Review shall be required by the Development
Officer and Council, prior to the issuance of any building or development
permits, for the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior finishing
materials for the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the satisfaction of
the Development Officer.
ZONING DISTRICTS
97
TOWN OF MORRIS ZONING BY-LAW
6.11 Commercial Highway - CH
6.11.1.
Purpose
This Zone enables a wide array of uses and services to be located conveniently on Provincial
Trunk Highways or Roads, or major arterial streets to better serve a broad market catchment area
of residents, businesses, and the traveling public; and to be exposed to large volumes of vehicle
traffic including commercial vehicles. Characteristics include a dependency on vehicle traffic, large
parking areas, a dominance of vehicle use, and large land areas for development, especially to
accommodate commercial vehicles.
6.11.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "CH" Commercial Highway zone as
outlined on Table 17.
Table 17.
"CH" Bulk Standards
Land Use
i.
Building Height (max)
ft.
Lot
Dimensions
Required Yards
ii. Lot Area
(min) ft2
iii. Lot Frontage
(min) ft.
iv. Front Yard
(min) ft.
v. Interior Side
Yard (min) ft.
vi. Exterior Side
Yard (min) ft.
vii. Rear Yard
(min) ft.
(a)
Agri-Business; Agri-Manufacturing
50
20,000
125
35
25
25
25
(b)
Automotive Repair and Maintenance
35
7,500
65
35
10
25
25
(c)
Drive-Through Facility
35
10,000
75
25
10
25
20
(d)
Gasoline Stations / Gasoline Stations
with Convenience Stores
35
7,500
65
25
10
25
20
(e)
Heavy Equipment Sales, Rental and
Servicing; Light Equipment Sales,
Rental and Servicing
50
20,000
125
35
25
25
25
(f)
Hotels
50
12,500
75
35
15
15
25
(g)
Manufacturing
50
20,000
125
35
25
25
25
(h)
Warehousing and Storage
35
7,500
65
25
10
15
20
(i)
All other uses
50
9,000
75
25
10
25
20
ZONING DISTRICTS
98
TOWN OF MORRIS ZONING BY-LAW
6.11.3. Additional Regulations
(1)
All developments in Commercial Highway Zone may be subject to the following:
a.
Residential Uses shall be subject to Section 4.11 Dwelling Units, Commercial Zones.
b.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.33
Apiculture (Beekeeping).
c.
Site Plan Approval / Design Review shall be required by the Development
Officer and Council, prior to the issuance of any building or development
permits, for the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior finishing
materials for the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the satisfaction of
the Development Officer.
ZONING DISTRICTS
99
TOWN OF MORRIS ZONING BY-LAW
6.12 Employment Mixed Use - EMU
6.12.1. Purpose
This Zone enables a mix of commercial and light industrial related uses and services that may not
require access on Provincial Trunk Highway or Road or a large lot area. Characteristics include
smaller building footprints to support a mix of retail, office, and light industrial uses such as
warehousing and storage, cultural or information facilities, life sciences facilities, and flex spaces to
support employment opportunities. Development in the EMU zone should produce minimal outdoor
noise and activity to ensure compatibility of surrounding land uses that may be residential. Limited
residential uses are allowed including home enterprises and accessory dwelling units above or to
the rear of the principal structure where other permitted uses front the public road.
6.12.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "EMU" Employment Mixed Use as
outlined on Table 18.
Table 18.
"EMU" Bulk Standards
Land Use
i.
Building Height (max)
ft.
Lot
Dimensions
Required Yards
ii. Lot Area
(min) ft2
iii. Lot Frontage
(min) ft.
iv. Front Yard
(min) ft.
v. Interior Side
Yard (min) ft.
vi. Exterior Side
Yard (min) ft.
vii. Rear Yard
(min) ft.
(a)
Automotive Repair and Maintenance
35
7,500
65
25
10
25
20
(b)
Dwelling Unit, Single-Detached
35
2,500
50
25
10
15
20
(c)
Gasoline Stations / Gasoline Stations
with Convenience Stores
35
7,500
65
25
10
25
20
(d)
Heavy Equipment Sales, Rental and
Servicing; Light Equipment Sales,
Rental and Servicing
50
10,000
75
25
10
25
20
(e)
Warehousing and Storage
35
7,500
65
25
10
15
20
(f)
All other uses
35
5,000
50
25
10
15
20
ZONING DISTRICTS
100
TOWN OF MORRIS ZONING BY-LAW
6.12.3. Additional Regulations
(1)
All developments in Employment Mixed Use may be subject to the following:
a.
Residential Uses shall be permitted as provided under Section 4.1 Accessory
Dwelling Units and Section 4.11 Dwelling Units, Commercial Zones.
b.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.35
Apiculture (Beekeeping).
c.
Site Plan Approval / Design Review shall be required by the Development
Officer and Council, prior to the issuance of any building or development
permits, for the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior finishing
materials for the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the satisfaction of
the Development Officer.
ZONING DISTRICTS
101
TOWN OF MORRIS ZONING BY-LAW
6.13 Industrial General - M
6.13.1. Purpose
This Zone provide provides for employment uses such as manufacturing, processing, distribution,
transportation and warehouse uses. Certain heavy industrial uses may be allowed as conditional
uses. Excluded are uses which are in Council's opinion, may be detrimental to adjoining or nearby
uses, or creates an undue nuisance factor; however, a certain level of nuisance factors should be
accepted as a characteristic of these uses.
6.13.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "M" Industrial zone as outlined on
Table 19.
Table 19.
"M" Bulk Standards
Land Use
i.
Building Height (max)
ft.
Lot
Dimensions
Required Yards
ii. Lot Area
(min) ft2
iii. Lot Frontage
(min) ft.
iv. Front Yard
(min) ft.
v. Interior Side
Yard (min) ft.
vi. Exterior Side
Yard (min) ft.
vii. Rear Yard
(min) ft.
(a)
Agri-Business; Agri-Manufacturing
50
15,000
100
25
10
25
25
(b)
Automotive Repair and Maintenance
35
7,500
65
25
10
25
25
(c)
Gasoline Stations / Gasoline Stations
with Convenience Stores
35
7,500
65
25
10
25
20
(d)
Heavy Equipment Sales, Rental and
Servicing; Light Equipment Sales,
Rental and Servicing
50
10,000
75
25
10
25
25
(e)
Manufacturing
50
20,000
125
35
25
25
25
(f)
Warehousing and Storage
35
7,500
65
25
10
15
20
(g)
All other uses
50
5,000
50
25
10
15
20
ZONING DISTRICTS
102
TOWN OF MORRIS ZONING BY-LAW
6.13.3. Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone regulations
apply in the M Zone:
a.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.33
Apiculture (Beekeeping).
b.
Accessory Dwellings shall be permitted as provided under Section 4.1 Accessory
Dwelling Units and Section 4.12 Dwelling Units, Industrial and Institutional Zones.
c.
Mobile Homes and Mobile Units shall be permitted as Accessory Dwellings Units
as provided under Section 4.14 Mobile Homes and Mobile Units.
d.
Shall not have more than 8 vehicles with GVWR greater than 19,501 lbs without
conditional use.
e.
Shall not use Truck Tractor/Trailer Combinations with 4 or more axles, or railway
cars.
f.
The manufacturing, fabricating, processing, assembly or disassembly of
materials, semi-finished goods, finished goods, products or equipment, provided
live animals are not involved in any aspect of the operation where part or all of
the processes and functions associated with the use are located outside of a
building shall be a conditional use.
g.
Uses with cleaning, servicing, testing, repairing or maintenance of industrial
or commercial goods and equipment where part or all of the processes and
functions associated with the use are located outside of a building shall be a
conditional use.
h.
The crushing, dismantling, sorting or processing of discarded goods outside a
building is conditional use.
i.
Establishments whose sole purpose is to provide for the consolidation, division
and/or distribution of bulk goods through the use of Truck Tractor/Trailer
Combinations are conditional use.
j.
The inter-modal system of transport whereby two or more modes of transport
are used to transport the same loading unit or truck in an integrated manner,
without loading or unloading, in a transport chain are conditional use.
k.
Establishments where part or all of the processes and functions associated with
the use are located outside of a building, including the function of routinely using
Truck Tractor/Trailer Combinations with 4 or more axles, or railway cars are
conditional use.
l.
A rail yard where an area of land, a portion of which is covered by a system
of tracks, that provides for the making up of trains by one or more railroads
or private industry concerns. Necessary functions of a railyard include but
are not limited to the classifying, switching, storing, assembling, distributing,
consolidating, moving, repairing, weighing, or transferring of cars, trains, engines,
locomotives, and rolling stock are conditional use.
m.
The occupancy contains sufficient quantities of highly combustible and
flammable or explosive materials to constitute a special fire hazard because of
their inherent characteristics are conditional use.
ZONING DISTRICTS
103
TOWN OF MORRIS ZONING BY-LAW
6.14 Agriculture Restricted - AR
6.14.1. Purpose
This Zone provide provides for areas that are either currently vacant, underutilized or being used for
agricultural purposes. The intent is for minimal intensification in these areas until redesignated and
rezoned for a suitable intensification.
6.14.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "AR" Future Growth zone as
outlined on Table 20.
Table 20. "AR" Bulk Standards
Land Use
i.
Building Height (max)
ft
Lot
Dimensions
Required Yards
ii. Lot Area
(min) ac
iii. Lot Frontage
(min) ft
iv. Front Yard
(min ft
v. Interior Side
Yard (min) ft
vi. Exterior Side
Yard (min) ft
vii. Rear Yard
(min) ft
(b)
All other Uses
35
2.0
200
125
10
15
25
104
TOWN OF MORRIS ZONING BY-LAW
SCHEDULE B: MAPS
Schedule B: Maps
-
Map 1 - Zoning Districts
-
Map 2 - Control Areas
SCHEDULE B: MAPS
105
TOWN OF MORRIS ZONING BY-LAW 2024-10
SCHEDULE B: MAPS
106
TOWN OF MORRIS ZONING BY-LAW 2024-10
107
TOWN OF MORRIS ZONING BY-LAW
SCHEDULE C: ZONING ADMINISTRATION
Schedule C: Zoning Administration
-
Development Permits, Procedures, Interpretations and Methodology
TOWN OF MORRIS OFFICE
1-380 Stampede Grounds
Box 28 Morris, Manitoba R0G 1K0
E: [email protected] | T: 204-746-2531
townofmorris.ca