Town of Erickson Zoning By-Law No. 358-86 (office consolidation)
Municipality of Clanwilliam – Erickson, Manitoba
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THE TOWN OF ERICKSON
ZONING BY-LAW CONSOLIDATION
TOWN OF ERICKSON
ZONING BY-LAW
UNOFFICIAL OFFICE CONSOLIDATION
TOWN OF ERICKSON
ZONING BY-LAW NO. 358-86
AMENDING BY-LAWS INCLUDED IN THIS OFFICE CONSOLIDATION
By-Law No.
Date Approved
Amendment Description
411/89
allow churches as a cond. use in "AL" and to provide
requirements for churches - text
457/92
rezone Lots 1 to 6, Plan 660 from "I" to "R" - map
489-95
allow warehouses in "CH" and site requirements - text
VILLAGE OF ERICKSON
BY-LAW NO. 358-86
Being a By-law to regulate the use and development of land within the Town of Erickson.
Whereas, Section 40(1) of the Planning Act, Chapter 29, S.M. 1975 provides that a Zoning By-law
may be enacted by the Council of a Municipality;
And whereas, pursuant to Section 30(1) of the said Planning Act, the South Riding Mountain
District Planning Board has by By-law adopted a Development Plan;
And whereas, Section 34(2) of the same Act provides that a Zoning By-law shall be prepared upon
the adoption of a Development Plan;
And whereas, the Town of Erickson Town Planning Scheme 1960, being By-law No. 51 and all
subsequent amendments thereto are hereby repealed;
Now therefore, the Council of the Town of Erickson, in meeting duly assembled, enacts as follows
TABLE OF CONTENTS
PART I - DEFINITIONS ........................................................................................1
RULES OF CONSTRUCTION...........................................................................................1
DIVISIONS OF BY-LAW ..................................................................................................1
DEFINITIONS.....................................................................................................................2
PART II - ADMINISTRATION...........................................................................18
SCOPE...............................................................................................................................18
TITLE ................................................................................................................................18
WHEN EFFECTIVE .........................................................................................................18
THE AREA........................................................................................................................18
INTENT AND PURPOSE.................................................................................................18
RESPONSIBILITIES OF COUNCIL................................................................................19
RESPONSIBILITIES OF THE BOARD...........................................................................19
AMENDMENTS ...............................................................................................................19
CONDITIONAL USE .......................................................................................................20
TEMPORARY USES ........................................................................................................20
VARIATIONS...................................................................................................................21
DEVELOPMENT AGREEMENT ....................................................................................21
DEVELOPMENT OFFICER.............................................................................................21
DUTIES AND POWERS...................................................................................................21
DEVELOPMENT PERMIT ..............................................................................................22
PERMIT REQUIRED........................................................................................................22
WHEN REQUIRED ..........................................................................................................22
REQUIREMENTS.............................................................................................................23
CONFORMITY.................................................................................................................23
BUILDING PERMITS ......................................................................................................23
PERMITS ISSUED PRIOR TO BY-LAW........................................................................23
NON-CONFORMITY .......................................................................................................24
EXISTING BUILDINGS AND STRUCTURES ..............................................................25
INTERPRETATION AND APPLICATION.....................................................................25
RELATION TO OTHER BY-LAWS................................................................................25
SITE REDUCED ...............................................................................................................26
VARIATION ORDER OR SPECIAL EXCEPTION PRIOR TO BY-LAW....................26
FUTURE ROAD ALLOWANCE DEEMED EXISTING ................................................26
PUBLIC UTILITIES AND SERVICES............................................................................26
MONUMENTS AND STATUARY..................................................................................26
ENFORCEMENT..............................................................................................................26
CONNECTING TO MUNICIPAL SERVICES ................................................................27
PRIVATE LANE OR ROAD ............................................................................................27
DUTIES OF OWNER........................................................................................................27
RETENTION OF BULK REGULATIONS ......................................................................27
THROUGH SITE - MAYBE TWO SITES.......................................................................28
SUBDIVIDING LAND .....................................................................................................28
FEE SCHEDULE...............................................................................................................28
BUILDING GRADE .........................................................................................................28
REPEAL ............................................................................................................................28
PART III - ZONING..............................................................................................29
ZONES...............................................................................................................................29
ZONING MAPS ................................................................................................................29
ZONE BOUNDARIES ......................................................................................................30
PART IV - RESIDENTIAL ZONES....................................................................32
INTENT AND PURPOSE.................................................................................................32
ZONES...............................................................................................................................32
APPLICATION OF THE BY-LAW TO RESIDENTIAL ZONES ..................................32
USE REGULATIONS.......................................................................................................32
USES PERMITTED ..........................................................................................................32
RESIDENTIAL USE TABLE IV - I ..............................................................................33
CONDITIONAL USE .......................................................................................................34
ACCESSORY USES, BUILDINGS AND STRUCTURES..............................................34
HOME OCCUPATIONS...................................................................................................35
BULK REGULATIONS....................................................................................................35
INTENT AND PURPOSE.................................................................................................35
ACCESSORY BUILDINGS, STRUCTURES AND USES REGULATIONS.................35
RESIDENTIAL BULK TABLE IV-II ...........................................................................36
GENERAL PROVISIONS ................................................................................................39
INTENT.............................................................................................................................39
DWELLING UNIT - MINIMUM SIZE............................................................................39
PARKING..........................................................................................................................39
SIGNS................................................................................................................................40
SIGN REGULATIONS .....................................................................................................40
AREA AND YARD REQUIREMENTS...........................................................................41
FRONT YARD EXCEPTIONS.........................................................................................41
PROJECTIONS INTO REQUIRED YARDS...................................................................42
HEIGHT EXCEPTIONS ...................................................................................................42
NUMBER OF BUILDINGS PERMITTED PER SITE.....................................................43
NOXIOUS OR OFFENSIVE USES..................................................................................43
MULTIPLE USES.............................................................................................................43
DWELLING UNIT AND HABITABLE BUILDING LOCATION WITH
RESPECT TO SANITATION FACILITIES.....................................................................43
LOCATION OF RESIDENCES WITH RESPECT TO COMMERCIAL
PROPANE AND BULK OIL STORAGE BUILDINGS AND STRUCTURES..............43
"RMH" MOBILE HOME AND MOBILE HOME PARK AND SUBDIVISION
REGULATIONS (IN ADDITION TO THE PRECEDING BULK
REGULATIONS) ..............................................................................................................44
MOBILE HOME PARK REGULATION.........................................................................44
BUFFER AREA.................................................................................................................44
DEVELOPMENT OF THE BUFFER AREA ...................................................................44
MOBILE HOME PARK INTERNAL ROADWAY SYSTEM ........................................44
NUMBER OF MOBILE HOMES.....................................................................................45
DISTANCE FROM STORAGE COMPOUND, COMMON PARKING,
SERVICE BUILDING.......................................................................................................45
REQUIRED SERVICES FOR SPACE .............................................................................45
REQUIRED SERVICES FOR MOBILE HOME PARK..................................................45
LOCATION OF ACCESSORY BUILDINGS..................................................................45
ACCESSORY STRUCTURES AND BUILDINGS .........................................................46
SITE PLANS - REQUIREMENTS ...................................................................................46
MOBILE HOME STANDARDS ......................................................................................46
PART V - COMMERCIAL ZONES....................................................................47
INTENT AND PURPOSE.................................................................................................47
ZONES...............................................................................................................................47
DOWNTOWN COMMERCIAL ZONES .........................................................................47
HIGHWAY COMMERCIAL ZONE ................................................................................47
APPLICATION OF THE BY-LAW TO COMMERCIAL ZONES .................................47
USE REGULATIONS.......................................................................................................47
USES PERMITTED ..........................................................................................................47
COMMERCIAL USE TABLE V-I ................................................................................48
CONDITIONAL USE .......................................................................................................50
ACCESSORY USES, BUILDINGS AND STRUCTURES..............................................50
BULK REGULATIONS....................................................................................................51
COMMERCIAL BULK TABLE V-II ...........................................................................51
ACCESSORY BUILDINGS, STRUCTURES AND USES REGULATIONS.................54
GENERAL PROVISIONS ................................................................................................55
INTENT.............................................................................................................................55
AREA AND YARD REQUIREMENTS...........................................................................55
PROJECTIONS INTO REQUIRED YARDS...................................................................56
DWELLING UNIT - MINIMUM SIZE............................................................................56
PARKING SPACE FOR RESIDENTIAL USE................................................................56
PARKING SPACE FOR COMMERCIAL USE...............................................................57
SIGN REGULATIONS .....................................................................................................57
HEIGHT OF BUILDINGS................................................................................................58
HEIGHT EXCEPTIONS ...................................................................................................59
STORAGE OF MERCHANDISE .....................................................................................59
SITE SIZE REQUIREMENTS..........................................................................................59
NOXIOUS, HAZARDOUS OR OFFENSIVE USES .......................................................59
MULTIPLE USES.............................................................................................................59
LOCATION OF COMMERCIAL USES WITH RESPECT TO COMMERCIAL
PROPANE AND BULK OIL STORAGE BUILDINGS AND STRUCTURES..............60
DWELLING UNIT AND HABITABLE BUILDING LOCATION WITH
RESPECT TO SANITATION FACILITIES.....................................................................60
PART VI - GENERAL INDUSTRIAL ZONE....................................................61
INTENT AND PURPOSE.................................................................................................61
ZONES...............................................................................................................................61
INDUSTRIAL ZONE........................................................................................................61
APPLICATION OF THE BY-LAW TO THE GENERAL INDUSTRIAL ZONE ..........61
USE REGULATIONS.......................................................................................................61
USES PERMITTED ..........................................................................................................61
CONDITIONAL USE .......................................................................................................62
GENERAL INDUSTRIAL USE TABLE VI-I..............................................................62
ACCESSORY USES, BUILDINGS AND STRUCTURES..............................................63
BULK REGULATIONS....................................................................................................64
INDUSTRIAL BULK TABLE..........................................................................................64
GENERAL INDUSTRIAL BULK TABLE VI-II.........................................................64
SITE SIZE REQUIREMENTS..........................................................................................66
ACCESSORY BUILDING AND USES REGULATIONS ..............................................66
GENERAL PROVISIONS ................................................................................................67
INTENT.............................................................................................................................67
AREA AND YARD REQUIREMENTS...........................................................................67
PROJECTIONS INTO REQUIRED YARDS...................................................................67
DWELLING UNIT - MINIMUM SIZE............................................................................68
LOADING SPACES..........................................................................................................68
PARKING SPACES ..........................................................................................................68
SIGNS................................................................................................................................69
SIGN REGULATIONS .....................................................................................................69
SPECIAL YARDS ALONG ZONE BOUNDARIES .......................................................70
HEIGHT OF BUILDINGS................................................................................................70
HEIGHT EXCEPTIONS ...................................................................................................70
OUTSIDE STORAGE OF GOODS AND MATERIALS.................................................71
STATIONARY STORAGE OF ANHYDROUS AMMONIA .........................................71
MULTIPLE USES.............................................................................................................71
LOCATION OF COMMERCIAL BULK PROPANE, NON-HAZARDOUS
SOLID AND LIQUID FERTILIZER AND BULK OIL STORAGE, BUILDINGS
AND STRUCTURES ........................................................................................................71
HABITABLE BUILDING LOCATION WITH RESPECT TO SANITATION
FACILITIES ......................................................................................................................71
PART VII - INSTITUTIONAL ZONE................................................................72
INTENT AND PURPOSE.................................................................................................72
ZONE.................................................................................................................................72
APPLICATION OF THE BY-LAW TO THE INSTITUTIONAL ZONE .......................72
USE REGULATIONS.......................................................................................................72
USES PERMITTED ..........................................................................................................72
CONDITIONAL USE .......................................................................................................72
INSTITUTIONAL USE TABLE VII-I ..........................................................................73
ACCESSORY USES, BUILDINGS AND STRUCTURES..............................................73
BULK REGULATIONS....................................................................................................74
INSTITUTIONAL BULK TABLE ...................................................................................74
ACCESSORY BUILDINGS, STRUCTURES AND USE REGULATIONS...................74
INSTITUTIONAL BULK TABLE VII-II.....................................................................75
GENERAL PROVISIONS ................................................................................................76
INTENT.............................................................................................................................76
MINIMUM DWELLING SIZE.........................................................................................76
SIGN REGULATIONS .....................................................................................................76
PARKING..........................................................................................................................77
AREA AND YARD REQUIREMENTS...........................................................................77
PROJECTION INTO REQUIRED YARDS .....................................................................78
HEIGHT OF BUILDINGS................................................................................................79
HEIGHT EXCEPTIONS ...................................................................................................79
NOXIOUS OR OFFENSIVE USES..................................................................................79
MULTIPLE USES.............................................................................................................79
HABITABLE BUILDINGS LOCATION WITH RESPECT TO SANITATION
FACILITIES ......................................................................................................................79
CAMPGROUNDS PARK DEVELOPMENT PROVISION ............................................79
LOCATION OF INSTITUTIONAL USES WITH RESPECT TO
COMMERCIAL PROPANE AND BULK OIL STORAGE BUILDINGS AND
STRUCTURES..................................................................................................................80
PART VIII - LIMITED AGRICULTURAL ZONE...........................................81
INTENT AND PURPOSE.................................................................................................81
ZONE.................................................................................................................................81
"AL" LIMITED AGRICULTURE ZONE.........................................................................81
APPLICATION OF THE BY-LAW TO THE LIMITED AGRICULTURE ZONE ........81
USE REGULATIONS.......................................................................................................81
USES PERMITTED ..........................................................................................................81
CONDITIONAL USE .......................................................................................................81
ACCESSORY USES, BUILDINGS AND STRUCTURES..............................................82
LIMITED AGRICULTURE USE TABLE VIII-I........................................................82
BULK REGULATIONS....................................................................................................83
SITE SIZE REGULATIONS.............................................................................................83
ACCESSORY BUILDING STRUCTURES AND USES REGULATIONS....................83
LIMITED AGRICULTURAL BULK TABLE VIII-II................................................84
GENERAL PROVISIONS ................................................................................................86
INTENT.............................................................................................................................86
AREA AND YARD REGULATIONS..............................................................................86
HEIGHT OF BUILDINGS................................................................................................86
HEIGHT EXCEPTIONS ...................................................................................................86
SIGN REGULATIONS .....................................................................................................86
MINIMUM DWELLING SIZE.........................................................................................88
LIVESTOCK PRODUCTION OPERATIONS.................................................................88
LOCATION OF BARNS AND ANIMAL CONFINEMENT AREAS ............................88
CATEGORY OF LIVESTOCK PRODUCTION OPERATIONS REQUIRING
REGISTRATION UNDER THE CLEAN ENVIRONMENT AND THEREFORE
A CONDITIONAL USE IN THIS ZONING BY-LAW ...................................................88
LIVESTOCK WASTE UNIT OR L.W.U. ........................................................................88
MULTIPLE USES.............................................................................................................89
HABITABLE BUILDING LOCATION WITH RESPECT TO SANITATION
FACILITIES ......................................................................................................................89
LIVESTOCK WASTE UNITS CONVERSION TABLE NO. VIII - III....................89
1
DEFINITIONS
PART I - DEFINITIONS
RULES OF CONSTRUCTION
1.
(1)
The following rules of construction apply to the text of this By-law:
(a)
Words, phrases and terms defined herein shall be given the defined
meaning.
(b)
Words, phrases and terms not defined herein but defined in the Act and the
Building, Electrical or Plumbing By-laws of the Village of Erickson shall be
construed as defined in such Act and By-laws.
(c)
Words, phrases and terms neither defined herein nor in the Building,
Electrical or Plumbing By-laws of the Village of Erickson shall be given
their usual and customary meaning except where, in the opinion of Council,
the context clearly indicates a different meaning.
(d)
The phrase "used for" includes "arranged for", "designed for", or "occupied
for".
(e)
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events connected by
the conjunction "and", "or" or "either - or", the conjunction shall be
interpreted as follows:
(i)
"and" indicates that all the connected items, conditions, provisions
or events shall apply in any combination.
(ii)
"or" indicates that the connected items, conditions, provisions or
events may apply singly or in combination.
(iii)
"either - or" indicates that the connected items, conditions,
provisions or events shall apply singly but not in combination.
(f)
The word "includes" shall not limit a term to the specified examples, but is
intended to extend the meaning to all instances or circumstances of like kind
or character.
DIVISIONS OF BY-LAW
2.
(1)
This By-law is divided into PARTS, each PART being self-sufficient with a
minimum of cross references.
2
DEFINITIONS
DEFINITIONS
3.
(1)
"Accessory building or use" means a subordinate building or use located on the
same zoning site as the principal building or use, the use of which is incidental and
accessory to that of the principal building or use of the land:
(a)
"Accessory building, attached or semi-detached" means an accessory
building which is attached to the principal building by a common wall or
breezeway, etc. and, in determining the required yards, the attached
accessory building shall be treated as being part of the main building.
(b)
"Accessory building, detached" means an accessory building which is not
attached to the principal building and, in determining the required yards, the
requirements for accessory uses, buildings and structures as shown in the
Bulk Tables shall be used.
(2)
"Act, the" means The Planning Act, being CHAPTER P80 of the Continuing
Consolidation of the Statutes of Manitoba, and amendments thereto.
(3)
"Agricultural implement sales and services" means a building and open area, used
for display, sale or rental of new or used farm implements and where minor
incidental repair work is done.
(4)
"Alter or alteration" means a change or modification to an existing building,
structure or use which, unless otherwise provided for herein, does not increase the
exterior dimensions with respect to height and area.
(5)
"Alterations, incidental" means:
(a)
Changes or replacements in the non-structural parts of a building or
structure, including but not limited to the following:
(i)
a minor addition on the exterior of a building, such as an open porch;
(ii)
alteration of interior partitions in all types of buildings; or
(iii)
replacement of, or changes in, the capacity of utility pipes, ducts or
conduits.
(b)
Changes or replacements in the structural parts of a building, including but
not limited to the following:
3
DEFINITIONS
(i)
adding or enlarging windows or doors in exterior walls;
(ii)
replacement of building facades; or
(iii)
strengthening the load bearing capacity, in not more than ten percent
(10%) of the total floor area, to permit accommodation of a
specialized unit of machinery or equipment.
3.
(6)
"Alteration, Structural" means a structural alteration as defined in the Act.
(7)
"Automobile Body Shop" means a building wherein the repair and painting of
automobiles takes place.
(8)
"Automobile Laundry" means a building or portion thereof wherein facilities are
provided for the washing, cleaning and polishing of motor vehicles.
(9)
"Automobile Service Station" means a building or portion thereof and land used for
supplying fuel, oil and minor accessories for motor vehicles at retail direct to the
customer, and for making minor emergency repairs.
(10)
"Automobile or Trailer Sales Area" means an open area, used for the display, sale
or rental of new or used automobiles or trailers, and where repairs are made they
shall be done within a completely enclosed building, except minor incidental repairs
of automobiles or trailers to be displayed, sold or rented on the premises.
(11)
"Automobile Wrecking" means the dismantling or wrecking of used motor vehicles
or trailers, or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
(12)
"Basement or Cellar" means that portion of a building which is partially
underground. If more than fifty (50) percent is below grade, it may be used for
recreational purposes but not to contain habitable rooms except by permission of
Council and the Medical Health Officer.
(13)
"Board" means the Board of The South Riding Mountain Planning District as
established under the Act.
(14)
"Building" means a building as defined in the Act.
(15)
"Building, Main or Principal" means a building in which is conducted the principal
use of the site on which it is situated.
4
DEFINITIONS
(16)
"Building, height of" means the total number of storeys in a building or the vertical
distance measured from grade to the highest point of the roof surface, if a flat roof,
to the deck of a mansard roof, and to the mean height level between eaves and ridge
for gable, hip or gambrel roof.
(17)
"Bulk" means the following:
(a)
The size of buildings or structures (including height of building and floor
area);
(b)
The size of zoning sites (including the area, width and depth of the site)
upon which a building or structure is located, and the number of dwelling
units or rooms or floor area within such building or structure in relation to
the area of the zoning site;
(c)
The location of exterior walls of buildings or structures in relation to site
lines, or to other buildings or structures. All open areas relating to buildings
or structures and their relationships thereto.
(18)
"Campgrounds" means an area of land planned and improved to accommodate
travel trailers, camping trailers, pick-up coaches, motorized homes, tents, tent
trailers or other camping accommodations used for travel, recreational and vacation
uses.
(19)
"Child Care Services" means the provision of care, for remuneration or reward, to a
child apart from his or her parents or guardians for a period of any one day
exceeding (3) hours but not exceeding fourteen (14) hours:
(a)
"Home day care" means the provision of child care services to a maximum
of eight (8) children, including the children of the owner or tenant, not over
twelve (12) years of age, in a dwelling unit, in which the owner or tenant
resides, or churches or parish halls, with access to an outdoor recreation
area.
(b)
"Group day care" means the provision of child care service to nine (9) or
more children not over the age of twelve (12) in a provincially licensed
facility with access to an outdoor recreation area.
(20)
"Club, Private, Non-profit, Recreational, Lodge" means a non-profit corporation
chartered by The Canada Corporation Act or The Manitoba Corporation Act, or an
association consisting of persons who are bona fide members paying annual dues,
which owns, or leases a building or portion thereof; the use of such premises being
restricted to members and their guests.
5
DEFINITIONS
(21)
"Conditional Use" means the conditional use of land and/or building as defined for
in the Act.
(22)
"Council" means the Council of the Village of Erickson.
(23)
"Development Plan" means the South Riding Mountain Planning District
Development Plan adopted by By-law No. 5-84 and amendments thereto.
(24)
"Drive-in Establishment" means an establishment with facilities for attracting and
servicing prospective customers travelling in motor vehicles which are driven onto
the site where the customer may or may not receive service in the vehicle.
(25)
"Dwelling" means a building or portion thereof designed for residential occupancy,
but not including hotels, motels.
(26)
"Dwelling, Single-Family" means a detached building designed for and used by one
(1) family.
(27)
"Dwelling, Two-Family" means a detached or semi-detached building designed for
and used by two (2) families, each having exclusive occupancy of a dwelling unit.
(28)
"Dwelling, Multiple-Family" means a building containing three (3) or more
dwelling units, each unit designed for and used by one (1) family.
(29)
"Dwelling Unit" means one (1) or more rooms in a building designed for one (1) or
more persons as a single housekeeping unit with cooking, eating, living, sleeping
and sanitary facilities.
(30)
"Enlargement" means an addition to the floor area of an existing building or
structure, or an increase in that portion of a parcel of land occupied by an existing
use.
(31)
"Extension" means an increase in the amount of existing floor area used for an
existing use, within an existing building.
(32)
"Family" means one or more persons related by blood or marriage or common-law
marriage, or a group of not more than three (3) persons who may not be related by
blood or marriage, living together as a single housekeeping unit.
"Family" also includes domestic servants.
"Common-law" means a man and a woman living together as a family without the
6
DEFINITIONS
sanctity of marriage.
A housekeeping unit referred to above, shall be deemed to exist if all members
thereof have access to all parts of the dwelling unit.
(33)
"Farm Buildings or Structures" means any buildings or structures existing or erected
on structural land and used principally for agricultural activities but not including
dwellings.
(34)
"Floor Area" (as applied to bulk regulations) means the sum of the gross horizontal
areas of the several floors of all buildings and structures on the zoning site,
measured from the exterior faces of the exterior walls or from the centreline of party
walls. In particular, the floor area of a building or buildings shall include basement
when used for residential, commercial or industrial purposes, but not including
space used for storage or the housing of mechanical or central heating equipment,
and accessory off-street parking spaces;
(35)
"Garage, Private or Carport" means an accessory building or portion of a principal
building, if attached, used by the occupants of the premises upon which it is located
for the parking or temporary storage of private passenger motor vehicles and may
temporary storage of private passenger motor vehicles and may also include the
incidental storage of other personal property.
(36)
"Grade" (as applying to the determination of building or structure height) means the
average level of finished ground adjoining a building or structure at all exterior
walls, as determined by the Development Officer.
(37)
"Home Occupation" means an accessory use which:
(a)
Is carried on in a dwelling unit or mobile home or its accessory building;
(b)
Is carried on solely by the members of the family residing at the same
dwelling unit or mobile home without the employment of other persons;
(c)
Is incidental to or secondary to the use of the dwelling unit or mobile home;
(d)
There is no exterior display, no exterior storage of materials, and no other
exterior indication of the home occupation of variation of the residential
character of the principal or accessory building except as provided for
herein;
(e)
In the opinion of the Council is not offensive or obnoxious or create a
nuisance.
7
DEFINITIONS
(f)
Does not cause the generation of undue traffic and congestion in the
neighbourhood.
(38)
"Hotel" means a building or part thereof wherein accommodation is provided for
transient lodgers, in any individual room or apartment, with or without cooking
facilities. Permitted accessory uses include, but are not limited to, restaurants,
licensed beverage rooms, banquet halls, ballrooms and meeting rooms and gift
shops.
(39)
"House, Boarding, Lodging or Rooming" means a building or portion thereof, other
than a hotel or motel, without cooking facilities, where lodging, or lodging and
meals are provided for compensation.
(40)
"Kennel" means any premises on which more than two (2) animals are boarded,
bred, trained or cared for, in return for remuneration or are kept for the purpose of
sale. A kennel shall not include a veterinary clinic, animal hospital or animal
pound.
(41)
"Lane", for the purposes of this By-law, means a street for vehicular traffic not over
thirty-three (33) feet in width.
(42)
"Livestock" means cattle, swine, horses, poultry, sheep, rabbits, mink and similar
animals.
(43)
"Livestock Production Operation" means any agricultural operation where livestock
are confined, fed or raised.
(44)
"Livestock Waste Unit or L.W.U." means an amount of animal waste or waste
equivalent, as set out in Section 6.(10) of PART VIII of this By-law.
(45)
"Loading Space" means an off-street space on the same zoning site with a building,
or contiguous to a group of building for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials, and which has access
to a street or lane or other appropriate means of access.
(46)
"Mobile Home" means a portable dwelling unit which is designed or used for
residential occupancy, built upon on having a frame or chassis to which wheels may
be attached by which it may be moved upon a highway, whether or not such
structure actually has at any time such wheels attached, or is jacked up or skirted.
(47)
"Mobile Home Park" means a parcel of land upon which mobile home spaces are
provided and have been approved by the Council.
8
DEFINITIONS
(48)
"Mobile Home Site" means a zoning site in a mobile home subdivision for the
placement of a mobile home.
(49)
"Mobile Home Space" means a space in a mobile home park for the placement of a
mobile home.
(50)
"Mobile Home Subdivision" means an area of land subdivided to provide mobile
home sites in accordance with the subdivision approval procedure under The
Planning Act.
(51)
"Motel" means a building or part thereof, not over two (2) storeys in height wherein
sleeping accommodation is provided for transient lodgers and in which there is an
exit from each room or suite of rooms directly to the outdoors with access to grade
level. Permitted accessory uses include but are not limited to restaurants, licensed
beverage rooms, banquet halls, ballrooms and meeting rooms.
(52)
"Non-conformities". See "non-conformities" in PART II, Section 10.
(53)
"Open Space" means that required portion of a zoning site at ground level, unless
otherwise stated, unoccupied by principal or accessory buildings and available to all
the occupants of the building. The open space shall be unobstructed to the sky and
shall not be used for service driveways or accessory off-street parking space or
loading space, unless otherwise provided for herein, but shall be useable for
landscaping, drying yards, recreational space and other leisure activities normally
carried on outdoors. Balconies, roof and other like above grade level areas may
also be considered as open space.
(54)
"Owner" means an owner as defined in the Act.
(55)
"Parcel of Land" means a parcel as defined in the Act.
(56)
"Parking Area, Public" means a parking area used for the temporary parking of
vehicles and is available for public use whether free, for compensation or as an
accommodation for clients, customers, employees or visitors.
(57)
"Parking Space" means a space on a public parking area or zoning site for the
temporary parking or storage of a vehicle.
(58)
"Party Wall" means a wall forming part of a building and used for separation of
adjoining buildings occupied, constructed or adapted to be occupied by different
persons or businesses.
9
DEFINITIONS
(59)
"Personal Service Shop" means a building or part of a building in which persons are
employed in furnishing services and otherwise administering to the individual and
personal needs of persons and without limiting the generality of the foregoing may
include such establishments as barber shops, beauty parlors, hair-dressing shops,
hand laundries, shoe repair and shoe shining shops, tailor and dressmaking shops,
valets and depots for collecting dry cleaning and laundry.
(60)
"Premises" means an area of land with or without buildings.
(61)
"Public Utility and Services" means any system, works, building, plant, equipment
or services which furnishes services and facilities available at approval rates to or
for the use of the inhabitants of the Village of Erickson, including but not limited to:
(a)
Communication, by way of telephone, telegraph, wireless or television;
(b)
Public transportation, by bus or other vehicle;
(c)
Production, transmission, delivery or furnishing of water, gas or electricity
to the public at large; or
(d)
Collection of sewage, garbage or other waste.
(62)
"Residential Care Facility" means the use of any building or structure or part
thereof, however named, which is advertised, announced or maintained for the
express or implied purpose of providing lodging, meals, care and supervision or
transitional services to persons not related by blood, marriage or adoption to the
operator nor to each other but does not include a facility which is licensed or
designated by the Manitoba Health Services Commission.
(63)
"Senior Citizen Home" means a building containing one or more dwelling units or
individual rooms where elderly people live independent of personal care.
(64)
"Sign" means any written (including letter, word or numeral), pictorial
representation (including illustration or decoration), emblem (including device,
symbol or trademark), banner, pennant or any other figure of similar character
which:
(a)
Is a structure or any part thereof, or is attached to, painted on or in any other
manner represented on or in a building or other structure;
(b)
Is used to identify, direct attention to, or advertise; and
10
DEFINITIONS
(c)
Is visible from outside a building but shall not include show windows as
such.
(65)
"Sign, Advertising" means a sign directing attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than upon the same
zoning site where the sign is maintained, including a billboard sign.
(66)
"Sign, Bulletin Board" means a sign of permanent character, but with movable
letters, words or numerals indicating the names of persons associated with, or
events conducted upon, or products or services offered upon the premises upon
which sign is maintained, e.g., school, church, community centre building board
sign and similar uses.
(67)
"Sign, Business" means a sign directing attention to a business, commodity, service
or entertainment conducted, sold or offered upon the same zoning site where the
sign is maintained.
(68)
"Sign, Facia or Wall" means any sign attached against the surface of, or against or
within a recess in the wall, a column or other perpendicular portion of a building in
a position essentially parallel to said wall, column or other perpendicular position.
A facia sign shall also mean any sign attached to the walls of two or more buildings
and spanning the spaces between said buildings.
(69)
"Sign, Freestanding" means a sign supported by a vertical column or columns
placed in the ground with the sign surface area above ground level.
(70)
"Sign, Identification" means a sign that identifies the owner, resident or the street
address and which sets forth no other advertisement.
(71)
"Sign Surface Area" means the entire area within a single continuous perimeter
enclosing the extreme limits of writing, representation, emblem, or any figure of
similar character, including any frame or other material or color forming an integral
part of the display or used to differentiate such sign from the background against
which it is placed; excluding the necessary supports or uprights on which it is
placed. Where a sign has two or more faces, the area of all faces shall be included
in determining the area of the sign, except that where two such faces are placed
back to back and are at no point more than one (1) yard from one another, the sign
surface area of the sign shall be taken as the surface area of one face if the two faces
are of equal area, or as the surface area of the larger face if the two faces are of
unequal area.
(72)
"Sign, Temporary" means a sign with or without a structural frame and intended for
11
DEFINITIONS
a limited period of display, and shall include a mobile sign, but shall have no red,
green or amber lights thereon, and with no blinking or scintillating lights when the
sign faces a residential area.
(73)
"Site, or Zoning Site" means a parcel of land which:
(a)
is occupied or intended to be occupied, by a main building or a group of
such buildings and accessory buildings, or utilized for the principal use or
uses thereto, together with such open spaces as are required under the
provisions of this by-law;
(b)
has frontage on a street or has any lawful means of access satisfactory to the
Council; and
(c)
is of sufficient size to provide the minimum requirements of this by-law for
a permitted or conditional use in a zone where the use is located.
(74)
"Site Area" means the computed area contained within the site lines.
(75)
"Site Corner" means a site situated at the intersection of two (2) streets, the interior
angle of such intersection not exceeding 135 degrees.
(76)
"Site Coverage" means that part or percentage of the site occupied by buildings,
including accessory buildings.
The portion of the structure which is below the finished site grade, shall not be
included in site coverage.
(77)
"Site Depth" means the horizontal distance between the centre points in the front
and rear site lines.
12
DEFINITIONS
(78)
"Site Frontage" means all that portion of a zoning site fronting on a street and
measured between side site lines. (See sketches.)
(79)
"Site Interior" means a site other than a corner site or a through site. (See sketches
for other types.)
(80)
"Site Key" means the first site to the rear of a reversed corner site. (See sketches.)
(81)
"Site Lines" means as follows:
(a)
"Front site line" means that boundary of a site which abuts a legally
established access. For a corner site, the Development Officer may select
the front site line except where an interior site abuts the corner site, then the
front site line shall be that line which is the continuation of the front site line
of the interior site;
(b)
"Rear site line" means that boundary of a site which is most nearly parallel
to the front site line and in the case of a site in which the side site lines
intersect, such as a triangular site, a line ten (10) feet length within the site,
parallel to and at the maximum distance from the front site line;
(c)
"Side site line" means any boundary of a site which is not a front or rear site
line; and
(d)
Where an irregular shaped site cannot have its site lines defined by the
13
DEFINITIONS
foregoing definitions, the front, rear and side site lines shall be determined by the
Development Officer.
(82)
"Site, Reverse Corner" means a corner site, the flanking street site line of
which is substantially a continuation of the front site line of the first site to
its rear.
(83)
Site, Through" means a site having a pair of opposite site lines along two (2) more
or less parallel streets. On a through site, both street lines shall be deemed front site
lines unless otherwise noted herein.
14
DEFINITIONS
(84)
"Site Width" means the horizontal distance between the side site lines, measured at
right angles to the site depth at a point midway between the front and rear site lines,
or twenty-five (25) feet from the front site line, whichever is the lesser.
15
DEFINITIONS
(85)
"Storey" means that portion of any building which is situated between the top of
any floor and the top of the floor next above it; and if there is no floor above it, that
portion between the top of such floor and the ceiling above it. A basement shall be
counted as a storey for the purpose of height measurement if the vertical distance
between the ceiling and the average finished level of the adjoining ground is more
than five (5) feet.
(86)
"Street" means, for the purposes of this By-law, a public highway for vehicular
traffic over thirty-three (33) feet in width.
(87)
"Structure" means anything constructed or erected with a fixed location on or below
the ground, or attached to something having a fixed location on the ground and
includes buildings, walls, fences, signs, billboards, poster panels, light standards
and similar items.
(88)
"Travel Trailer" means a portable living accommodation designed to be used as
accommodation for travel, recreation or vacation purposes that:
(a)
Is capable of being transported on its own chassis and running gear by
towing or other means;
(b)
Is placed on the chassis or body of a motor vehicle; or
(c)
Forms part of a motor vehicle.
(89)
"Use" means:
(a)
Any purpose for which a building or structure or land may be designed,
arranged, intended, maintained or occupied; or
(b)
Any activity, occupation, business or operation carried on, or intended to be
carried on, in a building or structure or on an area of land.
(90)
"Yard" means an open area, on the same zoning site with a building or structure
which yard is unoccupied and unobstructed from its lowest level to the sky, except
as otherwise permitted herein:
(a)
"Yard, required" means a yard extending along a site line or wall to a depth
or width (measured from the site line or wall) specified in the yard
requirements for the zone in which such zoning site is located.
16
DEFINITIONS
(b)
"Yard, side" means a yard extending along the side site line from the front
yard to the rear yard.
(c)
"Yard, corner side" means a side yard which adjoins a street.
(d)
"Yard, interior side" means a side yard which is adjacent to another zoning
site, or to a lane separating such side yard from another zoning site, or to the
wall of a building adjacent to the wall of another building in a planned unit
development.
(e)
"Yard, front" means a yard extending along the full length of the front site
line between the side site lines.
(f)
"Yard, rear" means a yard extending along the full length of the rear site line
between the side site lines.
(g)
The following sketches illustrate the foregoing definitions of yards:
17
DEFINITIONS
18
ADMINISTRATION
PART II - ADMINISTRATION
SCOPE
TITLE
1.
(1)
This By-law shall be known as "The Village of Erickson Zoning By-law".
WHEN EFFECTIVE
1.
(2)
This By-law shall be in full force and effect when it is given third reading by the
Council of the Village of Erickson.
THE AREA
1.
(3)
The Area to which this Zoning By-law shall apply shall be all of the Village of
Erickson.
INTENT AND PURPOSE
1.
(4)
The regulations and provisions established by this By-law are deemed necessary in
order to:
(a)
Implement the objectives and policies of the South Riding Mountain
Planning District Development Plan;
(b)
To define the powers and duties of the Council, the Board, and the
Development Officer; and
(c)
To regulate the following:
(i)
Building and structures erected hereafter unless otherwise provided;
(ii)
Uses of buildings, structures and land established hereafter;
(iii)
Structural alterations or relocations of existing buildings and
structures occurring hereafter;
(iv)
Enlargements or additions to existing buildings, structures or uses;
and
19
ADMINISTRATION
(v)
The change of use of land, buildings or structures.
RESPONSIBILITIES OF COUNCIL
1.
(5)
Subject to the provisions of the Act, the Council is responsible for:
(a)
The enactment of this By-law;
(b)
Considering the adoption of proposed amendments or the repeal of this By-
law;
(c)
Acting as a Variation Board;
(d)
Approving or rejecting conditional use applications, and may revoke the
authorized conditional use for any violation of any conditions imposed by it;
and
(e)
Establishing a schedule of fees as provided for in Section 22 of this PART.
RESPONSIBILITIES OF THE BOARD
1.
(6)
Subject to the provisions of the Act, the Board is responsible for:
(a)
Administering and enforcing the provisions of this By-law;
(b)
Administering and enforcing those provisions of the Act, where applicable;
and
(c)
In accordance with Section 21 (2) of the Act, establishing a schedule of fees
and charges relevant to the Development Plan Zoning Appeals and
Development permits. Until all applicable fees and charges have been paid
in full, no action shall be taken on any application.
AMENDMENTS
2.
(1)
Subject to the procedure required under the Act, an amendment may be initiated by
a resolution of intention by the Council, or by application of one or more owners of
the property or their agents within the area proposed to be changed. An application
to amend the zoning by-law and all required information and fees as determined by
Council and in accordance with Section 22 of this PART shall be made to the
Council and submitted through the Development Officer.
20
ADMINISTRATION
(2)
Council shall notify the applicant in advance of the hearing. At the hearing,
Council shall hear and study all of the facts presented, advise the applicant in
writing of its findings and determination. If Council approves the application, it
shall proceed with the adoption of the amendment in accordance with the provisions
of the Act.
CONDITIONAL USE
3.
(1)
The development and execution of this By-law is based upon the division of The
Area into zones, within which zones the use of land and buildings and structures in
relation to the land are substantially compatible. It is recognized, however, that
there are certain uses deemed conditional uses which, because of their unique
characteristics, cannot properly be classified in any particular zone or zones without
consideration, in each case, of the impact of those uses upon neighbouring land and
of the public need for the particular use at the particular location;
(2)
An application for a conditional use shall be made to the Council and submitted
through the Development Officer and processed and approved or rejected in
accordance with the provisions of the Act;
(3)
The application shall be accompanied by a site plan and other data as the Council
may prescribe and such fees as determined by Council in accordance with Section
22 of this PART; and
(4)
Any change in a conditional use shall be subject to the provisions of this Section
and the appropriate provisions of the Act.
(5)
The approval of Council in accordance with the provisions of the Act shall expire
and cease to have any effect if it is not acted upon within twelve (12) months of the
date of the decision, unless it is renewed prior to the expiry date, at the discretion of
Council, for an additional period of twelve (12) months.
TEMPORARY USES
4.
(1)
Notwithstanding any provisions elsewhere contained in this By-law, the Council
may permit, subject to such terms and conditions as it may seem fit to impose, and
for a period of six (6) months which may be renewed by Council for not more than
two (2) successive periods, the temporary use of lands, buildings or structures
necessary or incidental for construction work purposes only if the safety, health,
amenity or sanitary conditions of property in the vicinity will not be adversely
affected thereby; and
21
ADMINISTRATION
(2)
The building shall not be used for human habitation except for a watchman or
caretaker on a temporary basis.
VARIATIONS
5.
(1)
Any person may apply for a variation order, in accordance with the provisions of
the Act; and
(2)
An application for a variation order and all required information and fees shall be
made to the Variation Board and submitted through the Development Officer.
DEVELOPMENT AGREEMENT
6.
Where an application is made for the amendment of this By-law, the Council may require
the owner or the person entitled to be registered as owner of the land, building or structure
to which the amendment shall apply, as a condition to its enactment, to enter into a
development agreement with the Village of Erickson in respect of that land as well as
contiguous land owned or leased by the applicant. The provisions of said agreement shall
be in accordance with the Act.
DEVELOPMENT OFFICER
DUTIES AND POWERS
7.
(1)
The Board shall appoint a development officer, who on behalf of the Village of
Erickson, may:
(a)
Issue a development permit where the development of land, buildings or
structures conforms to the adopted Development Plan, and the requirements
of this By-law and amendments thereto, subject to the provisions of
subsection (2);
(b)
Enter any buildings or premises at all reasonable hours in the performance
of his duties with respect to this By-law;
(c)
Issue development permits for the temporary use of buildings, structures or
land pursuant to the provisions of this By-law;
(d)
Issue zoning memoranda or such other documents necessary for the
administration and enforcement of this By-law;
22
ADMINISTRATION
(e)
Allow or refuse such minor variations to the requirements of this By-law as
authorized by and in accordance with the provisions of the Act; and
(f)
Shall receive applications for amendments, variations and conditional uses.
(2)
At the request of Council or the Board, the Development Officer shall:
(a)
Defer approving an application for a development permit:
(i)
as provided for in the Act;
(ii)
which will result in a violation of this By-law, the Development Plan
or any By-law of the Village of Erickson; or
(iii)
to any person who has failed to pay any fees due and owing to the
Village of Erickson or the Board under this By-law.
DEVELOPMENT PERMIT
PERMIT REQUIRED
8.
(1)
The owner or his agent shall obtain all necessary permits as required by the Board,
Council and other government agencies.
WHEN REQUIRED
(2)
An application for a development permit is required for the following:
(a)
The erection, construction, relocation, or placement of any building,
structure or mobile home, except fences, incidental alterations, ornamental
light standards, and buildings of one hundred (100) square feet or less. All
buildings and structures must still conform to the provisions of this zoning
by-law where applicable;
(b)
The extension, structural alteration or conversion of any building or
structure except the exceptions as provided for in (a);
(c)
The use of vacant land, buildings or structures; or
(d)
The change of use of land, buildings or structures from one permitted or
approved use to another permitted or approved use.
23
ADMINISTRATION
REQUIREMENTS
8.
(3)
In addition to the requirements of any By-law of the Village of Erickson or any
other provincial or federal regulations, all applications for a development permit
shall:
(a)
Be accompanied by a plan, drawn to scale, showing the actual dimensions
and shape of the site to be built upon; the exact size and location on the site
of buildings already existing, if any, and the location and dimensions of the
proposed buildings, enlargement, extension or structural alterations; and
(b)
Include such other information as required by the Council or Board,
including existing or proposed building or structural alterations; existing or
proposed use of the building and land; the number and location of
automobile parking spaces and loading spaces; the number of families,
dwelling units or rental units the building is designed to accommodate;
conditions existing on the site; outside facilities for waste disposal; current
copies of relevant titles, easements, caveats; a surveyor's certificate prepared
by a Manitoba Land Surveyor and such other matters as may be necessary to
determine conformance with and provide for the enforcement of this By-
law.
CONFORMITY
8.
(4)
(a)
No person shall erect, locate, repair, use, or occupy any building, land or
structure contrary to any development permit or the material furnished in
support of the application; and
(b)
No building or structure shall be moved in whole or in part to any other
location unless every portion of the building or structure is made to conform
to all the regulations of this By-law unless the relevant requirements may be
varied by a variation order pursuant to the provisions of the Act.
BUILDING PERMITS
PERMITS ISSUED PRIOR TO BY-LAW
9.
(1)
Unless otherwise provided for herein, building permits issued prior to the effective
date of this By-law and amendments hereto shall be considered valid for the
purpose of this By-law provided all the conditions under which the permit was
issued are complied with.
24
ADMINISTRATION
NON-CONFORMITY
10.
(1)
"NON-CONFORMITY" means one, or a combination of one or more, of the
following:
(a)
A site or parcel of land;
(b)
A use of a building or structure;
(c)
A use of land; or
(d)
A Sign;
which existed prior to the effective date of this By-law or amendments thereto, but
does not conform to the provisions contained within this By-law or amendments
thereto.
10.
(2)
NON-CONFORMITIES are hereby classified as in the following subsections (3) to
(5).
(3)
"NON-CONFORMING USES" means any lawful use of a building, structure or
parcel of land, or portion thereof, which does not conform to one or more of the
applicable sue regulations of the zone in which it is located;
(4)
A "NON-CONFORMING SITE OR PARCEL OF LAND" means any lawful site or
parcel of land which does not comply with the site area, site width or site depth on
the effective date of this By-law, or amendments thereto, and was on record in the
Land Titles Office prior to the effective date of this By-law, or amendments thereto,
and did not form part of a larger contiguous holding in the same ownership; and
(5)
A "NON-CONFORMING SIGN" means any lawful sign which does not comply
with one or more of the applicable zone bulk regulations of the zone in which it is
located on the effective date of this By-law or amendments thereto.
10.
(6)
A non-conforming use and a non-conforming sign shall be regulated in accordance
with and subject to the provisions of the Act, unless otherwise provided for herein.
(7)
No building or structure may be erected on a non-conforming site or land unless:
(a)
The required yards are provided as set forth in the bulk requirements of the
zone in which the parcel of land is located; or
25
ADMINISTRATION
(b)
Where a variation order for such yard requirements is granted.
10.
(8)
A "NON-CONFORMING SIGN" shall be subject to all the provisions of this
PART relating to non-conformities, except as otherwise provided hereafter:
(a)
A change in the subject matter represented on a sign shall not be considered
a change of use; and
(b)
A non-conforming sign may be structurally altered, reconstructed, or
replaced in the same location and position provided that such structural
alteration, reconstruction, or replacement does not result in:
(i)
the creation of a new non-conformity or an increase in the degree of
non-conformity;
(ii)
an increase in the sign surface area; or
(iii)
an increase in the degree of illumination.
EXISTING BUILDINGS AND STRUCTURES
11.
Where a building or structure has been erected prior to the effective date of this By-law or
amendments thereto, it shall be deemed to meet the Bulk Requirements of this By-law
regarding the existing legal yards of the site. Any enlargements or extensions to a building
or reconstruction of a building shall conform to the requirements of this By-law as varied.
INTERPRETATION AND APPLICATION
11.
(1)
In their interpretation and application, the provisions of this By-law shall be held to
be the minimum requirements to satisfy the intent and purpose as set forth herein.
RELATION TO OTHER BY-LAWS
11.
(2)
Whenever provisions of any By-law of the Village of Erickson or any other
requirement of the Provincial or Federal Government impose overlapping or
contradictory regulations over the use of land or buildings or bulk requirements or
contain any restrictions covering any of the same subject matter contained herein,
the most restrictive or highest requirement shall govern.
26
ADMINISTRATION
SITE REDUCED
11.
(3)
A site area or site width or required yard reduced below the minimum requirements
of this By-law by virtue of a public works, street or public utility shall be deemed to
conform to the requirements of this By-law.
VARIATION ORDER OR SPECIAL EXCEPTION PRIOR TO BY-LAW
11.
(4)
A building or structure or use established by a variation order prior to the coming
into force of this By-law shall, subject to the provisions of the variation order, be
deemed to conform to the provisions of this By-law.
FUTURE ROAD ALLOWANCE DEEMED EXISTING
12.
No building or structure shall be erected upon any land designated for a future road
allowance in a registered subdivision plan or adopted Development Plan. Any
development adjacent to said future road allowance shall comply with the requirements of
this By-law as if the said future road allowance was already in existence.
PUBLIC UTILITIES AND SERVICES
13.
Nothing in this By-law shall be so interpreted as to interfere with the construction,
maintenance and operation of any public utility, as defined by this By-law, or public service
such as police and fire protection, provided that the requirements of such public utility and
public service are of a standard compatible with the adjacent area, and that any building or
structure erected in any zone complies with the yard and area requirements applicable to the
zone.
Setbacks from public utilities, where required, shall be determined by the public utility and
maintained by adjacent land uses if approved by the Council.
MONUMENTS AND STATUARY
14.
Nothing in this By-law shall be so interpreted as to interfere with the maintenance or
erection of monuments, statuary, and similar structures.
ENFORCEMENT
15.
The enforcement of this By-law, or any resolution or Order enacted by Council or Board
under the Act or any regulation made there under, shall be in accordance with the Act.
27
ADMINISTRATION
CONNECTING TO MUNICIPAL SERVICES
16.
All principal buildings constructed on a site served by public sewer, water or hydro
distribution shall be connected to such services.
PRIVATE LANE OR ROAD
17.
(1)
Where it shall deem fit, the Council may permit a use of land or building to the
constructed upon sites having frontage on a private lane or road provided that said
lane or road intersects with a street.
DUTIES OF OWNER
18.
(1)
Neither the granting of a development permit nor the approval of the drawing and
specifications nor the inspections made by the Development Officer shall in any
way relieve the owner of the responsibility of complying with the requirements of
this By-law or of any relevant By-laws of the Village of Erickson.
(2)
Every owner shall:
(a)
Permit the Development Officer or any other duly appointed officer of the
Municipality to enter any building or premises at any reasonable time for the
purpose of administering or enforcing this By-law and shall not molest,
obstruct or interfere with the said Officer in the discharge of his duties under
this By-law;
(b)
After the development application has been approved and the permit issued,
obtain the written approval of the Development Officer before doing any
work at variance with the approved documents filed; and
(c)
Be responsible for obtaining, where applicable, from the appropriate
authorities, permits or licenses relating to the buildings, grades, sewers or
water supply systems, plumbing, signs, blasting, street, occupancy,
electrical, highways, and all other permits required in connection with the
proposed work.
RETENTION OF BULK REGULATIONS
20.
It shall be a continuing obligation of the owner to maintain the minimum site area, site
width, site depth, yards and other open spaces required herein for any use as long as it
remains in existence. Furthermore, the minimum site area, site width, site depth, yards and
other open spaces allocated to a use as per requirements of this by-law shall not be virtue of
28
ADMINISTRATION
change of ownership, or for any other reason, be used to satisfy the yard, other open space,
or minimum site area, site width, site depth, yards and other open space requirements for
any other use on another site.
THROUGH SITE - MAYBE TWO SITES
21.
A through site having a depth of two hundred (200) feet or more may be assumed to be two
sites with the rear line of each approximately equidistant from the front site lines, provided
all area and yard requirements are complied with.
SUBDIVIDING LAND
22.
No land shall hereafter be divided into sites, unless each site conforms with the bulk
requirements of the zone in which the land is located.
FEE SCHEDULE
23.
(a)
Council or shall by By-law establish a fee schedule for zoning amendments,
zoning memorandum, conditional use orders, non-conforming certificates,
variation orders and other appropriate documents.
(b)
The Planning District Board shall be By-law establish a fee schedule for
development permits, zoning appeal hearings and other appropriate
documents or services.
BUILDING GRADE
24.
All new main buildings shall have a ground surface elevation as approved by the
Development Officer.
REPEAL
25.
The Village of Erickson Town Planning Scheme 1960, being By-law No. 51 and all
subsequent amendments thereto are hereby repealed.
29
ZONING
PART III - ZONING
ZONES
1.
In order to carry out the intent and purpose set forth in subsection (4) of Section 1 of PART
II ADMINISTRATION, the following zones are hereby established in the Area:
(1)
"R"
Residential Zone;
(2)
"RMH"
Residential Mobile Home Zone;
(3)
"CC"
Central Commercial Zone;
(4)
"CH"
Highway Commercial Zone;
(5)
"M"
General Industrial Zone;
(6)
"I"
Institutional Zone;
(7)
"AL"
Limited Agriculture Zone.
ZONING MAPS
2.
(1)
The location and the boundaries of the zones listed in Section 1 above are shown
upon a Zoning Map attached hereto, marked as APPENDIX "A" to this By-law.
Said Zoning Map forms part of this By-law. All notations, references and other
information shown thereon, together with any amendments made by amending By-
laws from time to time and shown thereon, together with any amendments to
boundaries in the case of any street, lane or public utility right-of-way closing, as
provided in Section 3 of this PART, shall be as much a part of this By-law as if the
matters and information set forth by the said Map were fully described herein.
(2)
The scale and all dimensions of the Zoning Map are as shown in the title block of
each map.
(3)
All plan references on the Zoning Map pertain to registered plans filed in the
Neepawa Land Titles Office.
(4)
The abbreviations noted on the Zoning Map and text mean the following:
(a)
"Blk." means Block;
30
ZONING
(b)
"Pcl." means Parcel;
(c)
"Rge." means Range;
(d)
"R.M. of Clanwilliam" means the Rural Municipality of Clanwilliam;
(e)
"Sec." means Section;
(f)
"Twp." means Township;
(g)
"W.P.M." or "W" means West of the Principal Meridian;
(h)
"PT" means Part;
(i)
"AC" means acres;
(j)
"%" means percent.
(5)
Double heavy broken lines represent the zoning map boundary. Single heavy
broken lines represent zone boundaries. Where the zone boundary is broken by the
name of a street, it shall be construed that the boundary continues through the name
of the street. Where the limit of a zone boundary and the zoning map is co-
terminus, the zoning map limit shall constitute the limits of the zone boundary.
ZONE BOUNDARIES
3.
In the interpretation of the boundaries of the zones as shown on the Zoning Map, the
following rules shall apply:
(a)
Notwithstanding that streets, lanes and public utility rights-of-way may be
within zone boundaries, the regulations contained in this By-law shall not be
deemed to be applicable to said streets, lanes and public utility rights-of-
way;
(b)
Boundaries indicated as approximately following:
(i)
the center lines of railways or railway or public utility rights-of-way;
(ii)
the center lines of streets, highways or lanes;
(iii)
lot, site or property holding;
(iv)
municipal limits; or
(v)
the shorelines of lakes or other bodies of water.
shall be construed as following those lines or limits.
(c)
If a street or lane or railway or public utility right-of-way feature shown on
the Zoning Map is lawfully closed, the land formerly comprising the street,
31
ZONING
lane or Government Road Allowance shall be included within the ZONE of
the land which surrounds it. If the said street, lane or Government Road
Allowance includes a ZONE boundary on its center line, then the new
ZONE boundary shall be the former center line except in the case where a
landowner acquires all of the closed street, lane or Government Road
Allowance adjacent to his property where the designation that applied to his
property shall apply to all that portion of the acquired street, lane or
Government Road Allowance.
32
RESIDENTIAL ZONES
PART IV - RESIDENTIAL ZONES
INTENT AND PURPOSE
1.
The Residential Zones established in this By-law are intended to provide sufficient land for
various types of residential development in The Area in keeping with the provisions of the
Development Plan.
ZONES
2.
In order to carry out the intent and purpose of section 1 above, there are hereby established
the following zones:
2.
(1)
"R"
RESIDENTIAL ZONE
The "R" Residential Zone primarily provides for the development of low density
single-family dwellings to moderate density multiple-family dwellings and uses that
are associated with a residential area when serviced by the municipal piped
sewerage system or low pressure extension to same. On a temporary basis, holding
tanks may be installed and maintained if approved by the Council and the local
Health Inspector for existing (at the date of adoption of this By-law) unserviced
lots.
(2)
"RMH" RESIDENTIAL MOBILE HOME ZONE
The "RMH" Residential Mobile Home Zone primarily provides for the placement
of mobile homes on leased spaces, within a mobile home park, or on sites within a
mobile home subdivision. These areas are serviced by the municipal piped
sewerage system.
APPLICATION OF THE BY-LAW TO RESIDENTIAL ZONES
3.
The general provisions applying to the RESIDENTIAL ZONES are contained within this
PART. Also applying to these zones are the provisions of PART I - "DEFINITIONS",
PART II - "ADMINISTRATION", PART III - "ZONING" and "APPENDIX A".
USE REGULATIONS
USES PERMITTED
4.
(1)
No land shall be used or occupied and no structure shall be erected, altered, used or
33
RESIDENTIAL ZONES
occupied hereinafter for any use in any RESIDENTIAL ZONE in which such land
or structure is located other than a use listed on TABLE IV - I, "RESIDENTIAL
USE TABLE", with the following exception:
(a)
Uses lawfully established prior to the effective date of this By-law.
RESIDENTIAL USE TABLE IV - I
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"R"
"RMH"
Accessory Uses, Buildings, and Structures (see Section 4(3) and 5(2) of
this PART)
P
P
Boarding and Rooming Houses
C
-
Child Care Services:
Home Day Care
P
P
Group Day Care
C
C
Nurseries
C
C
Churches, Church Halls
P
P
ExistingUses legally established prior to the adoption of this By-law
P
P
Fire Stations
P
P
Halls, Institutional
C
-
Hospitals and Personal Care Homes
C
-
Parabolic antennae when located to the front of the rear wall of the
principal building in all yards
C
C
Parks, Playgrounds, Tot Lots and Recreation Areas
P
P
Public Utilities, and Services, (see PART II Section (14))
P
P
Residences:
Single-Family Dwelling
P
-
Two-Family Dwelling
P
-
Multiple-Family Dwellings (including Senior Citizen Homes)
C
-
Mobile Homes
C
P
Mobile Home Park, Mobile Home Subdivision
-
P
Residential Care Facilities including half-way type homes,
rehabilitation homes, hostels and group foster homes providing meals,
residential services, care and supervision for more than eight children who
are under the care of a child caring agency as defined by the Child
Welfare Act or more than four adults who may be post mentally ill,
mentally retarded or otherwise developmentally disabled
C
-
Signs See Sections 4(3), and 6(4) of this PART
P
P
34
RESIDENTIAL ZONES
CONDITIONAL USE
4.
(2)
Any use listed as a "CONDITIONAL USE" in TABLE IV - I, shall comply with the
regulations set forth in section 3, PART II, ADMINSTRATION.
ACCESSORY USES, BUILDINGS AND STRUCTURES
4.
(3)
(a)
In the Residential Zones, accessory uses, buildings and structures shall be
limited to the following:
(i)
A children's playhouse, garden supply storage house, private
greenhouse, private conservatory and enclosed private swimming
pools;
(ii)
Private communication and parabolic dish antennae when located to
the rear wall of the principal building;
(iii)
A private garage, carport, covered patio, toolhouse, shed or other
similar building;
(iv)
Incinerators subject to the approval of the authority having
jurisdiction;
(v)
Accessory off-street parking areas as required and regulated in
section 6(3) of this PART;
(vi)
Signs as permitted and regulated in section 6(4) of this PART;
(vii)
Residential care facilities providing meals, residential services, care
and supervision for eight or fewer children who are under the care of
a child caring agency as defined by the Child Welfare Act or four or
fewer adults who may be post mentally ill, mentally retarded or
otherwise developmentally disabled in all Residential Zones;
(viii) home occupations (see Section 4(4) of this PART);
(ix)
Refuse and garbage area separate from required parking areas,
buffers and open spaces for multiple-family dwellings and other
permitted or conditional uses. The location and size of the area
35
RESIDENTIAL ZONES
within the zoning site shall be subject to the approval of the Council;
and
(x)
In the "RMH" Residential Mobile Home Zone, the accessory uses,
buildings and structures to serve a mobile home park or subdivision
may also include:
(A)
a storage compound;
(B)
recreational facilities and appertaining structures;
(C)
service building to house water pumps and other service
facilities.
HOME OCCUPATIONS
4.
(4)
The provisions of this Subsection shall apply to all Residential Zones. Home
occupations shall conform with the following additional condition:
(a)
No more than three hundred (300) square feet of floor area shall be devoted
to home occupations in any dwelling unit or mobile home or building
accessory thereto.
BULK REGULATIONS
INTENT AND PURPOSE
5.
(1)
(a)
The residential bulk regulations established herein are intended to ensure
that the site area, site width and yards will be adequate to allow space for the
dwelling units, car parking, health and fire protection, and recreational area
as well as to provide for convenient access for vehicles and pedestrians,
sufficient space for natural light and air to penetrate all windows, and to
provide setbacks from site boundaries to afford space for maintenance and
privacy; and
(b)
The Residential bulk requirements shall be as set forth in TABLE IV - II,
RESIDENTIAL BULK TABLE, and the following Sections.
ACCESSORY BUILDINGS, STRUCTURES AND USES REGULATIONS
5.
(2)
Accessory buildings, structures and uses except as otherwise regulated in the By-
law, shall be subject to the following regulations:
36
RESIDENTIAL ZONES
(a)
Where the accessory building is attached to a main building, it shall be
subject to, and shall conform to, all regulations of this By-law applicable to
the main building;
(b)
Detached accessory buildings (including swimming pools) shall not be
located in any yard, except in a side or rear yard or as provided for
elsewhere herein. When located in the side yard, the building setback shall
be the same as the principal building and the accessory building shall have a
five (5) foot side yard;
(c)
No detached accessory building shall be located closer than six (6) feet to
any main building;
RESIDENTIAL BULK TABLE IV-II
REQUIREMENTS
MINIMUM
MAXIMUM
(f)
Side
Yard
(f)
Rear
Yard
PERMITTED
OR
CONDITIONAL
USES
ZONES
Site
Area
(sq.ft.)
Site
Width
(sq.ft.)
(f)
Front
Yard
(ft.)
inter-
ior
cor-
ner
lane
no
lane
Height
(ft.)
Site
Cover-
age
(%)
R
h
4
12d
5e
5
10
10
Accessory Uses,
Buildings,
Structures See
also Section 5(2)
of this PART)
RMH
h
5
5d,e
5e
5
15
10
Boarding and
Rooming Houses
R
6,000
50
25
5b
12d
25
25
35
40
Churches and
Church Halls
R
RMH
18,000
100
30
12
15
10
10
30
60
R
10,000
100
30
15b
15
25
25
30
35
Fire Stations
RMH
10,000
100
20
15
15
10
10
30
40
Group Day Care
R
RMH
10,000
70
30
15
15
25
25
30
30
Hospitals and
Personal Care
Homes
R
87,000
200
40
25
25
40
40
35
60
37
RESIDENTIAL ZONES
RESIDENTIAL BULK TABLE IV-II
REQUIREMENTS
MINIMUM
MAXIMUM
(f)
Side
Yard
(f)
Rear
Yard
PERMITTED
OR
CONDITIONAL
USES
ZONES
Site
Area
(sq.ft.)
Site
Width
(sq.ft.)
(f)
Front
Yard
(ft.)
inter-
ior
cor-
ner
lane
no
lane
Height
(ft.)
Site
Cover-
age
(%)
Nurseries
R
10,000
100
30
15
15
25
25
30
30
Parabolic
Antennae See
Section 4(3)(ii) of
this PART
R
RMH
-
-
15
4
10d
-
-
-
-
Public Utilities,
Services (see
PART II Section
14)
R
RMH
5,000
50
30
15
15
10
10
20
25
Parks,
Playgrounds,
Tot-Lots,
Recreation Areas
R
RMH
6,000
60
30
10
15
20
20
30
30
Single-Family
Dwellings
R
6,000
50
25
5a
12d
25
25
30
35
Two-Family
Dwellings
R
9,000
70
25
5a
12d
25
25
30
45
Multiple-Family
Dwellings (in-
cluding Senior
Citizen Homes)
R
12,000
(g)
70
30
15b
15
25
25
35
40
Mobile Home
Sites in Mobile
Home
Subdivision
RMH
6,000
per
site
50
20
5c
15
10
10
25
55
Mobile Home
Sites in Mobile
Home Park
4,000
per
space
40
15
5c
15
10
10
25
50
Residential Care
Facilities
R
10,000
70
20
15b
15
25
25
35
40
Other Permitted
or Conditional
Uses
R
10,000
100
30
15
15
10
10
30
40
38
RESIDENTIAL ZONES
Explanations and Exceptions to the Bulk Requirements Table IV - II are as follows:
(a)
Without a lane at the rear of the site, one side yard shall be a minimum of
twelve (12) feet except where an attached garage or carport is provided at
the side of the main building in which case the minimum side yards shall be
five (5) feet.
(b)
(i)
Or one-half of the height of the building, whichever is greater.
(ii)
Minimum distance between adjacent main buildings on the same site
shall be the average height of the adjacent buildings.
(c)
(i)
On that side of the mobile home containing the main entrance and/or
window to the living room, the minimum side yard shall be fifteen
(15) feet.
(ii)
Subject to (i) above, where there is no lane to the rear of the mobile
home site or space, one side yard shall be a minimum of fifteen (15)
feet. In no case shall adjacent mobile homes be less than fifteen (15)
feet apart.
(d)
The side yard on the street side of a reverse corner site shall be fifteen (15)
feet.
(e)
Where a private garage has its vehicle entrance doors facing a lane, the
garage must have a rear yard of ten (10) feet.
(f)
Buildings, structures and hedges adjacent to Provincial Trunk Highway No.
10 and also its intersection with Main Street shall have a setback in
accordance with regulations of the Highway Protection Act or as varied by
the Highway Traffic Board.
(g)
First three (3) dwelling units require twelve thousand (12,000) square feet of
site area plus one thousand (1,000) square feet of site area for each
additional dwelling unit.
(h)
The minimum front yard requirement for accessory buildings shall be the
same as the minimum front yard requirement for the principal use of the
site.
39
RESIDENTIAL ZONES
5.
(2)
(d)
In no instance shall an accessory building be located within a dedicated
easement right-of-way;
(e)
No accessory building shall be erected prior to erection of the main building
except where it is necessary for the storage of the tools and materials for use
during construction of the main building; and
(f)
Where a through site has a depth of less than two hundred (200) feet, an
accessory building may be located in one of the required front yards, if such
building is set back from the nearest street line a distance of not less than ten
(10) percent of the depth of the site and at least five (5) feet from any side
site line. In no case shall any accessory building project beyond the front
yard line of an existing main building along the site width, but the accessory
building need not be located more than thirty (30) feet from the street line.
GENERAL PROVISIONS
INTENT
6.
(1)
The following provisions shall apply to all the Residential Zones except wherein
otherwise provided:
DWELLING UNIT - MINIMUM SIZE
6.
(2)
(a)
The minimum floor area of a single-family, two-family dwelling or mobile
home shall be six hundred (600) square feet for each dwelling unit; and
(b)
The minimum floor area of a three-family, four-family or multiple-family
dwelling shall be four hundred (400) square feet for each dwelling unit.
PARKING
6.
(3)
(a)
There shall be one (1) parking space per dwelling unit, mobile home or
room in a boarding house, located on the same zoning site, but not within
the required front yard except in the case of mobile homes, single, two-
family, dwellings where parking spaces are permitted on a temporary basis
in driveways located in the front yard;
(b)
For multiple-family dwellings containing five (5) or more dwelling units,
there shall be on decimal five (1.5) parking spaces per each dwelling unit.
Senior citizen homes containing multiple-family dwellings shall provide
decimal five (0.5) parking spaces per each dwelling unit;
40
RESIDENTIAL ZONES
(c)
For churches and church halls, there shall be one (1) parking space for each
fifteen (15) seats in the churches;
(d)
For other permitted or conditional uses within the Residential Zones, there
shall be a number of parking spaces as determined by Council provided for
employees, visitors and customers; and
(e)
Driveways within "R" Residential Zones shall have a minimum side yard of
one (1) foot, unless varied.
SIGNS
SIGN REGULATIONS
6.
(4)
The regulations of this section are intended and designed to establish a minimum
control of signs. Such control is deemed essential to promote the health, safety, and
general welfare by reducing hazards to pedestrian and vehicular traffic, and by
preventing unsightly and detrimental development having a blighting influence
upon residential uses.
The following shall apply in all zones in this PART except wherein otherwise
stated:
(a)
In the case of a one-family, two-family, three-family or four-family
dwellings, there shall be not more than one non-illuminated identification
sign for each dwelling unit and each sign shall not exceed two (2) square
feet in sign surface area;
(b)
In the case of any other permitted or conditional uses, there shall not be
more than one (1) unlighted or lighted identification sign or bulletin board
not exceeding eighteen (18) square feet in sign surface area;
(c)
Advertising Signs are not permitted in the Residential Zones;
(d)
Flags, political, civic, educational, religious, temporary, directional and real
estate signs are permitted in this Zone;
(e)
No free standing sign shall be closer than five (5) feet to a site line;
(f)
No sign or sign structures shall be erected at any location where it may
interfere with, obstruct the view of, any street, highway intersection or
41
RESIDENTIAL ZONES
railway grade crossing or be confused with any authorized traffic sign,
signal or device;
(h)
No rotating beam or flashing sign shall be permitted without the approval of
the Council in or within three hundred (300) feet of any residential zone or
Provincial Roads and Provincial Trunk Highways;
(i)
It shall be unlawful to erect or maintain any sign on, over or above any land
or right-of-way under the jurisdiction of the Village, and all signs shall
adhere to all the setback requirements of the zone in which they are located;
and
(j)
The placing of signs within the control lines and circles of a Provincial Road
or Provincial Trunk Highway shall require a permit from the appropriate
authority.
AREA AND YARD REQUIREMENTS
6.
(5)
Except as herein provided, the following special provisions shall apply in all "R"
Residential zones to ensure adequate site and yard requirements:
(a)
For the purpose of side yard regulations, a semi-detached two-family
dwelling, a row-house or a multiple-family dwelling with common party
walls shall be considered as one (1) building occupying one (1) site;
(b)
Required yards provided for a building or structure, existing on the effective
date of this Zoning By-law or amendments thereto, shall not be reduced, or
further reduced, if already less than the minimum requirements of this
PART unless varied; and
(c)
All yards and other open space required for any use shall be located on the
same site as the use.
FRONT YARD EXCEPTIONS
6.
(6)
Where sites comprising forty (40) percent or more of the entire frontage of the block
(excluding reversed corner sites) are developed with buildings, the average front
yard depths established by such buildings shall establish the minimum front yard
depths for the entire frontage of the block provided such average is less than the
minimum front yard required in the Zone in which the site is located.
42
RESIDENTIAL ZONES
PROJECTIONS INTO REQUIRED YARDS
6.
(7)
Required yards shall be unobstructed from ground level to the sky, except as set
forth in the BULK TABLES of this PART and as follows:
(a)
Eaves and chimneys may project into any required front, side or rear yard, a
distance of not more than three (3) feet, provided that in no case shall an
eave or chimney project within three (3) feet of a side site line;
(b)
Open, unenclosed stairways or balconies, not covered by a roof or canopy,
may extend or project into a required front yard not more than thirty (30)
inches;
(c)
Open, unenclosed porches, platforms, not covered by a roof or canopy,
which do not extend above the level of the first storey of the building, may
extend or project into any required side or rear yard not more than twelve
(12) feet provided the width of a required side yard is not reduced to less
than three (3) feet and may extend or project into any required front yard not
more than ten (10) feet;
(d)
Fences, hedges and lamp posts shall not exceed a height of six (6) feet
above finished grade except in the case of fences required under various
Government Department Regulations. A fence, hedge, trellises or
projection around ramps shall be permitted in any required front yard in
which case the height shall not exceed three and one-half (3-1/2) feet; and
(e)
Landscape features, such as trees, shrubs, flowers or plants, shall be
permitted in any required front, side or rear yard provided they do not
produce a hedge effect contrary to the provisions of Clause (d) above.
HEIGHT EXCEPTIONS
6.
(8)
The provisions of this PART, unless otherwise stated herein, shall not apply to limit
the height of any ornamental dome, chimney, tower, electrical or telephone
transmission line, television or radio mast, steeple, water storage tank, electrical
apparatus or the mechanical operation of the building provided that no roof
structure or any space above the height limit shall be permitted for the purpose of
providing usable floor space or is in danger of being hit by an aircraft during its
landing or take-off phase of flight.
43
RESIDENTIAL ZONES
NUMBER OF BUILDINGS PERMITTED PER SITE
6.
(9)
(a)
Not more than one (1) of the following buildings and their accessory
buildings shall be permitted on one (1) zoning site which also constitutes a
parcel of land:
single-family dwelling
two-family dwelling
(b)
For all other permitted uses in the "R" zone, more than one (1) principal
building and its accessory buildings shall be permitted on a zoning site
subject to the bulk requirements.
NOXIOUS OR OFFENSIVE USES
6.
(10)
Notwithstanding anything herein contained, no use shall be permitted in any zone
under this PART which may be noxious or offensive by reason of the emission or
production of odor, dust, refuse matter, wastes, vapour, smoke, gas, vibration or
noise.
MULTIPLE USES
6.
(11)
Where any land or building is used for more than one purpose, all provisions of this
By-law relating to each use shall be satisfied. Where there is conflict such as in the
case of site area and frontage, the higher or more stringent requirement shall prevail.
DWELLING UNIT AND HABITABLE BUILDING LOCATION WITH RESPECT TO
SANITATION FACILITIES
6.
(12)
New dwellings or buildings where people spend their work day on a daily basis
shall not be located within one thousand three hundred and twenty (1320) feet of a
waste disposal ground or fifteen hundred (1500) feet of a sewage lagoon property or
as recommended by the local Health Inspector.
LOCATION OF RESIDENCES WITH RESPECT TO COMMERCIAL PROPANE AND
BULK OIL STORAGE BUILDINGS AND STRUCTURES
6.
(13)
New dwellings or buildings containing dwelling units shall be setback from
commercial propane and bulk oil storage buildings and structures the same distance
that these buildings and structures are required to be set back from residential
44
RESIDENTIAL ZONES
buildings under the Canadian Transport Commission and/or the Manitoba Fire
Commissioners Office.
"RMH" MOBILE HOME AND MOBILE HOME PARK AND SUBDIVISION
REGULATIONS (IN ADDITION TO THE PRECEDING BULK REGULATIONS)
7.
(1)
The following additional requirements shall apply to mobile homes and accessory
buildings and structures in an area designated "RMH" Residential Mobile Home
Zone.
MOBILE HOME PARK REGULATION
7.
(2)
A mobile home park shall contain a minimum of five (5) mobile home spaces and
shall have a minimum site width of two hundred (200) feet.
BUFFER AREA
7.
(3)
A buffer area, at least twenty (20) feet in width, shall be provided within and
adjacent to the perimeter of the mobile home park property.
DEVELOPMENT OF THE BUFFER AREA
7.
(4)
(a)
The buffer area provided in subsection (3) above shall be developed as an
area suitably landscaped with trees, shrubs, grass and similar horticultural
features as shown on the site plans submitted pursuant to subsection (12) of
this section.
(b)
The buffer area may be crossed by an access right-of-way a minimum of
fifty (50) feet in width containing a concrete, gravel, or asphalt driveway
from a street to the internal roadway system.
MOBILE HOME PARK INTERNAL ROADWAY SYSTEM
7.
(5)
Internal roadways within a mobile home park shall be as follows:
(a)
The internal roadway system shall have a right-of-way a minimum of fifty
(50) feet in width.
(b)
The internal roadway system shall have a concrete or asphalt or gravel
surface a minimum of twenty-five (25) feet in width.
45
RESIDENTIAL ZONES
NUMBER OF MOBILE HOMES
7.
(6)
There shall not be more than one mobile home per mobile home space or site.
DISTANCE FROM STORAGE COMPOUND, COMMON PARKING, SERVICE
BUILDING
7.
(7)
A mobile home shall be a minimum distance of twelve (12) feet away from a
storage compound or a common parking area and twenty (20) feet from a service
building in a mobile home park or subdivision.
REQUIRED SERVICES FOR SPACE
7.
(8)
A mobile home space shall be provided with the following:
(a)
A sewer connection;
(b)
An approval potable water supply system that is satisfactory to Council;
(c)
An electrical service outlet; and
(d)
An adequate base support for the mobile home.
REQUIRED SERVICES FOR MOBILE HOME PARK
7.
(9)
A mobile home park shall be provided with:
(a)
An adequate street lighting system, satisfactory to Council.
(b)
Any other services that Council considers necessary for the public health
and safety.
LOCATION OF ACCESSORY BUILDINGS
7.
(10)
Notwithstanding anything herein, no detached accessory building shall be located
nearer a mobile home, including a mobile home on an adjoining space, than a
distance of six (6) feet clear of all projections. Detached accessory buildings shall
be located only in the rear and side yards.
46
RESIDENTIAL ZONES
ACCESSORY STRUCTURES AND BUILDINGS
7.
(11)
All structures and buildings such as porches, additions, carports, private garages,
skirting and storage facilities shall be painted or pre-finished and maintained so that
the design, construction and maintenance, in the opinion of the Council, will
compliment the main structure.
SITE PLANS - REQUIREMENTS
7.
(12)
Plans submitted to Council for approval of a mobile home park shall be drawn to
scale and fully dimensioned indicating landscaping, access roads, mobile home
spaces, buffers, storage compounds, common recreational area, retention of surface
run-off and parking; and shall include such other information as may be necessary
to determine conformance with this By-law.
MOBILE HOME STANDARDS
7.
(13)
All new mobile homes must meet all structural standards as determined by The
Buildings and Mobile Homes Act, Chapter B93, S.M. 1977.
47
COMMERCIAL ZONES
PART V - COMMERCIAL ZONES
INTENT AND PURPOSE
1.
The Commercial Zones established in this By-law are intended to provide sufficient land in
suitable locations to meet the needs of commercial development in The Area in keeping
with the provisions of the Development Plan.
ZONES
2.
In order to carry out the intent and purpose of section 1 above, there are hereby established
the following zones:
DOWNTOWN COMMERCIAL ZONES
2.
(1)
"CC" CENTRAL COMMERCIAL ZONE
This Zone primarily provides for appropriate land in The Area's central business
area for the development of intensive retail, business, service and administrative
uses.
HIGHWAY COMMERCIAL ZONE
2.
(2)
"CH" HIGHWAY COMMERCIAL ZONE
This Zone primarily provides for appropriate land for those businesses requiring
large sites, serving the motoring public and being in close proximity.
APPLICATION OF THE BY-LAW TO COMMERCIAL ZONES
3.
The general provisions applying to all commercial zones are contained within this PART.
Also applying to these zones are the provisions of PART I - "DEFINITIONS", PART II -
"ADMINISTRATION", PART III - "ZONING", and "APPENDIX A".
USE REGULATIONS
USES PERMITTED
4.
(1)
No land shall be used or occupied and no structure shall be erected, altered, used or
occupied hereinafter for any use in any COMMERCIAL ZONE in which such land
48
COMMERCIAL ZONES
or structure is located other than a use listed on TABLE V - I, "COMMERCIAL
USE TABLE", with the following exception:
(a)
Uses legally established prior to the effective date of this By-law.
COMMERCIAL USE TABLE V-I
LEGEND: P - PERMITTED
C - CONDITIONAL
- - USE NOT PERMITTED
ZONES
USES:
"CC"
"CH"
Accessory Uses, Buildings and Structures (see Section 4(3) and 5(2) of
this PART)
P
P
Agricultural Implement Sales and Service
C
P
Amusement enterprises, including a bowling alley, dance hall theatre, arcades and
the like, if conducted wholly within a completely enclosed building
P
-
Animal Feed - Sales and Storage
-
P
Art or Antique shops, if conducted wholly within an enclosed building
P
P
Auditoriums or Halls
P
P
Automobile and Trailer Sales Areas
P
P
Automobile Service Stations and Automotive Trades
P
P
Automobile Body Shop
C
P
Automobile Laundry
P
P
Bakeries
P
-
Banks
P
-
Beverage Rooms, in conjunction with another permitted use
P
P
Bus Terminal
P
P
Book or Stationery Stores
P
-
Bulk propane sales and service
-
P
Carpenter Shops or Cabinet Shops if conducted wholly within a completely
enclosed building, but excluding wholesale manufacture
P
-
Catering Establishments
P
-
Child Care Facilities:
Home Day Care
P
-
Churches and Church Halls
P
-
Clinics (medical and dental)
P
-
Dairies and Creameries
C
P
Department or Furniture Stores
P
-
49
COMMERCIAL ZONES
COMMERCIAL USE TABLE V-I
LEGEND: P - PERMITTED
C - CONDITIONAL
- - USE NOT PERMITTED
ZONES
USES:
"CC"
"CH"
Drive-in Establishments where persons are served in automobiles, such as
refreshments stands, fast food restaurants, food stands, and the like, but not
including drive-in theatres
P
P
Drop-in Centres
P
-
Dry Cleaning, Laundry or Pressing Establishments
P
-
Drug Stores
P
-
Dry Good or Notion Stores
P
-
Existing Uses legally established prior to the adoption of this By-law
P
P
Fertilizer (non-hazardous Solid and Liquid only), Sales and Storage
-
P
Frozen Food Lockers used exclusively for service to customer
P
-
Funeral Parlours
P
-
Gift Shops and Florist Shops
P
-
Gift Shops, in conjunction with some other permitted use
P
P
Grocery Stores
P
-
Hardware or Electrical Appliance Stores
P
-
Hotel
P
-
Interior Decorating Stores
P
-
Jewellery Stores
P
-
Library
P
-
Lumber Yards and Building Supplies, when contained within an enclosed
structure or fence and in conjunction with which there is a retail sales building
C
P
Mail Order Store
P
-
Meat Market or delicatessen Stores
P
-
Miniature Golf Course
-
P
Motels
P
P
Non-profit Clubs and Lodges
P
-
Offices, Business and Professional
P
-
Parks and Rest Areas
P
C
Personal Service Shops
P
-
Photographers
P
-
Public Parking Areas
P
P
Public Utilities and Services (see PART II Section 14)
P
P
Radio and Television Shops
P
-
Restaurants
P
P
50
COMMERCIAL ZONES
COMMERCIAL USE TABLE V-I
LEGEND: P - PERMITTED
C - CONDITIONAL
- - USE NOT PERMITTED
ZONES
USES:
"CC"
"CH"
Residences:
Dwelling units within the second storey or within the rear one-half of a
Commercial building
P
P
Shoe Stores or Shoe Repair
P
-
Sales Buildings
P
P
Second-hand stores, if conducted wholly within a completely enclosed building
P
-
Service Clubs
P
-
Service Shops
C
P
Signs (See Section 6.(7) of this PART)
P
P
Signs, Advertising (See Section 6.(7) of this PART)
C
C
Studios
P
-
Truck Terminals
-
P
Upholstering Shops, if conducted completely within an enclosed building
P
-
Veterinary Hospitals
-
P
[Warehouses, when storage is contained within an enclosed building
-
P](B/L
489/95
CONDITIONAL USE
4.
(2)
Any use listed as a "CONDITIONAL USE" in TABLE V - I shall comply with the
provisions as set forth in section 3, PART II - "ADMINISTRATION:.
ACCESSORY USES, BUILDINGS AND STRUCTURES
4.
(3)
In the Commercial Zones, accessory uses, buildings and structures shall be limited
to the following:
(a)
A private garage, carport, private greenhouse, covered patio, toolhouse,
shed, or other similar building, swimming pool;
(b)
Private communication antennae and parabolic dish antennae (see Section
5(2) of this PART);
51
COMMERCIAL ZONES
(c)
Incinerators subject to the approval of the authority having jurisdiction, and
which shall be incidental to the permitted or conditional use;
(d)
The production, processing, cleaning, servicing, altering, testing, repair or
storage (including storage building) of merchandise normally incidental to a
principal use and conducted by the same ownership as the principal use.
This does not include hazardous materials, in Council's opinion, such as
anhydrous ammonia;
(e)
Accessory off-street parking as permitted and regulated in section 6.(5) and
6.(6) of this PART;
(f)
Home occupations;
(g)
Signs as permitted and regulated in section 6.(7) of this PART; and
(h)
In the "CH" Highway Commercial Zone, an attached or detached single-
family dwelling unit or mobile home for the caretaker or owner whose
presence on the site, in the opinion of Council, is necessary.
BULK REGULATIONS
5.
(1)
The Commercial bulk requirements shall be as set forth in TABLE V - II,
COMMERCIAL BULK TABLE, and the following Sections.
COMMERCIAL BULK TABLE V-II
REQUIREMENTS
MINIMUM
MAXIMUM
b,c
Side
Yard
(ft.)
b,e
Rear
Yard
(ft.)
PERMITTED
OR
CONDITIONAL
USES
ZONES
f
Site
Area
(sq.ft.)
Site
Width
(ft.)
b
Front
Yard
(ft.)
interior
corner
lane
no lane
Site
Coverage
(%)
CC
-
-
a
2d
10d
1
10
10
Accessory Uses,
Buildings and
Structures (See also
Section 5(2) of this
PART)
CH
-
-
a
5
10
10
10
10
CC
12,000
100
25
10
15
10
15
50
Agricultural
Implement Sales
and Service
CH
40,000
150
40
10
10
10
15
70
52
COMMERCIAL ZONES
COMMERCIAL BULK TABLE V-II
REQUIREMENTS
MINIMUM
MAXIMUM
b,c
Side
Yard
(ft.)
b,e
Rear
Yard
(ft.)
PERMITTED
OR
CONDITIONAL
USES
ZONES
f
Site
Area
(sq.ft.)
Site
Width
(ft.)
b
Front
Yard
(ft.)
interior
corner
lane
no lane
Site
Coverage
(%)
CC
12,000
100
25g
25g
25g
25g
25g
30
Automobile or
Trailer Sales,
Automobile Service
Station, Automobile
Trades, Automobile
Laundry, Auto-
mobile Body Shop
CH
20,000
100
40h
25h
25h
40h
40h
35
Bulk Propane Sales
and Service
CH
20,000
100
40i
30i
30i
40i
40i
25
CC
1,800
17
0
0
10
10
20
90
Bus Terminal
CH
20,000
100
40
20
20
20
20
40
Churches and
Church Halls
CC
18,000
100
0
10
10
10
15
65
CC
5,000
50
6
0
10
10
15
90
Drive-In Establish-
ments(not including
Drive-In Theatres)
CH
30,000
150
40
10
10
10
15
60
Existing Uses
CC
5,000
50
25
5
12
25
25
35
Fertilizer (non
hazardous Solid and
Liquid only)
Storage, Sales and
Service
CH
25,000
100
40
10
10
10
20
60
Hotel
CC
12,000
50
0
0
10
10
20
90
CC
12,000
55
0
0
10
10
20
80
Lumber Yards
CH
20,000
100
40
10
10
10
20
60
Miniature Golf Course
CH
43,000
100
40
10
10
10
10
80
CC
12,000
100
30
10
10
20
25
65
Motel
CH
43,560
125
40
20
20
20
20
50
CC
1,800
17
0
0
10
1
10
N/A
Sales Buildings
CH
15,000
100
40
10
10
10
15
45
CC
1,800
17
0
0
10
1
15
90
Service Shops
CH
20,000
100
40
10
10
10
20
60
Truck Terminals
CH
80,000
150
40
10
10
10
15
70
Veterinary Offices
CH
15,000
100
40
10
10
10
15
45
53
COMMERCIAL ZONES
COMMERCIAL BULK TABLE V-II
REQUIREMENTS
MINIMUM
MAXIMUM
b,c
Side
Yard
(ft.)
b,e
Rear
Yard
(ft.)
PERMITTED
OR
CONDITIONAL
USES
ZONES
f
Site
Area
(sq.ft.)
Site
Width
(ft.)
b
Front
Yard
(ft.)
interior
corner
lane
no lane
Site
Coverage
(%)
[Warehouses, when
storage is contained
within an enclosed
building](B/L 489-95)
CH
20,000
100
40
10
10
10
20
60
CC
1,800
17
0
0
10
1
10
90
Other Permitted and
Conditional Uses
CH
5,000
50
40
10
10
10
20
30
Explanations and Exceptions to the Bulk Requirements in Table V - II are as follows:
(a)
The minimum front yard requirement for accessory buildings and structure
shall be the same as the minimum front yard requirement for the principal
use of the site and in no case shall extend to the front of the front wall of the
principal building.
(b)
Buildings, structures and hedges adjacent to major provincial highways and
their centres of intersections shall have a setback in accordance with the
Highway Protection Act or as varied.
(c)
(i)
Where a dwelling unit is contained within a commercial building
and side yards are provided, each side yards shall not be less than
five (5) feet or as required in the TABLE, whichever is greater.
(ii)
The side yard shall not be less than five (5) feet or as required in the
TABLE, whichever is greater, where a Commercial Zone abuts a
Residential Zone or Institutional Zone.
(d)
The required side yard for an accessory building or structure located to the
side of the principal building or structure shall be the same as the required
side yard for the principal building or structure.
(e)
Where a dwelling unit is contained within a commercial building, the rear
yard shall be twenty (20) feet.
54
COMMERCIAL ZONES
(f)
When a dwelling unit is contained within a commercial building in the "CH"
Highway Commercial Zone, the minimum site area shall be fifteen thousand
(15,000) square feet.
(g)
Gasoline pumps shall have a required front, side and rear yard of fifteen (15)
feet.
(h)
Gasoline pumps shall have a required front, side and rear yard of twenty
(20) feet.
(i)
Bulk propane tanks shall have a required setback from building and site
lines as regulated by the Provincial Autority having jurisdiction.
ACCESSORY BUILDINGS, STRUCTURES AND USES REGULATIONS
5.
(2)
Accessory buildings, except as otherwise regulated in the By-law, shall be subject
to the following regulations:
(a)
Where the accessory building is attached to a main building, it shall be
subject to, and shall conform to, all regulations of this By-law applicable to
the main building;
(b)
Detached accessory buildings (including swimming pools) shall not be
located in any yard, except a rear yard in the "CC" Central Commercial
Zone or side or rear yard in the "CH" Highway Commercial Zone or as
provided for elsewhere herein:
(c)
No detached accessory building shall be located closer than six (6) feet to
any main building;
(d)
In no instance shall an accessory building be located within a dedicated
easement right-of-way;
(e)
No accessory building shall be erected prior to erection of the main building
except where it is necessary for the storage of the tools and materials for use
during construction of the main building;
(f)
Where a through site has a depth of less than two hundred (200) feet, an
accessory building may be located in one of the required front yards, if such
building is set back from the nearest street line, a distance of not less than
55
COMMERCIAL ZONES
ten (10) percent of the depth of the site and at least four (4) feet from any
side site line. In no case shall any accessory building project beyond the
front yard line of an existing main building along the site width, but such
accessory building need not be located more than twenty-five (25) feet from
the street line; and
(g)
A parabolic dish antenna shall be located, when in a yard, to the rear of the
front wall of the principle building and on the same site as the principal
building. If it can be proven that a signal cannot be received under these
provisions then the dish may be placed, with Council's approval, at a
location least detrimental to adjacent sites.
GENERAL PROVISIONS
INTENT
6.
(1)
The following provisions apply to all the Commercial Zones except wherein
otherwise provided:
AREA AND YARD REQUIREMENTS
6.
(2)
Except as herein provided, the following special provisions shall apply in all zones
to ensure adequate site and yard requirements:
(a)
Where a site is occupied for a use permitted in a commercial zone and has
no buildings or structures thereon, the required yards for the zone within it is
located shall be provided and maintained;
(b)
No building or structure shall be permitted on a corner site when such
building or structure is to be oriented in such a manner as to reduce the front
yard requirement on the street on which such corner site has site frontage at
the time this Zoning By-law becomes effective;
(c)
Required yards provided for a building or structure, existing on the effective
date of this Zoning By-law or amendments thereto, shall not be reduced, or
further reduced, if already less than the minimum requirements of this
PART unless varied; and
(d)
All yards and other open space required for any use shall be located on the
same site as the use.
56
COMMERCIAL ZONES
PROJECTIONS INTO REQUIRED YARDS
6.
(3)
Required yards shall be unobstructed from ground level to the sky, except as set
forth in the BULK TABLES of this PART and as follows:
(a)
Eaves and chimneys may project into any required front, side or rear yard, a
distance of not more than two (2) feet, provided that in no case shall an eave
or chimney project within three (3) feet of a side site line;
(b)
Open, unenclosed stairways or balconies, not covered by a roof or canopy,
may extend or project into a required front yard not more than three (3) feet;
(c)
Open, unenclosed porches, platforms not covered by a roof or canopy,
which do not extend above the level of the first storey of the building, may
extend or project into any required side or rear yard not more than twelve
(12) feet provided the width of a required side yard is not reduced to less
than three (3) feet and may extend or project into a required front yard not
more than ten (10) feet;
(d)
Fences, hedges and lamp posts shall not extend a height of six (6) feet above
finished grade, except in the case of fences required under various
Government Department Regulations. A fence, hedge, trellises or
protection around ramps shall be permitted in any required front yard in
which case the height shall not exceed three (3) feet; and
(e)
Landscape features, such as trees, shrubs, flowers or plants, shall be
permitted in any required front, side or rear yard provided they do not
produce a hedge effect contrary to the provisions of Clause (d) above.
DWELLING UNIT - MINIMUM SIZE
6.
(4)
(a)
The minimum floor area of a single-family, or mobile home dwelling, shall
be six hundred (600) square feet for each dwelling unit.
(b)
The minimum floor area of a dwelling unit contained in a commercial
building shall be four hundred (400) square feet for each dwelling unit.
PARKING SPACE FOR RESIDENTIAL USE
6.
(5)
(a)
There shall be one (1) parking space per dwelling unit located on the same
zoning site, but not within the required front yard.
57
COMMERCIAL ZONES
(b)
For commercial buildings containing five (5) or more dwelling units, there
shall be one decimal five (1.5) parking spaces per each dwelling unit.
PARKING SPACE FOR COMMERCIAL USE
6.
(6)
Parking spaces shall be permitted in the side and rear yards and in the front yard to
within one (1) foot of the front site line for all uses.
SIGN REGULATIONS
6.
(7)
The regulations of this section are intended and designed to establish a minimum
control of signs. Such control is deemed essential to promote the health, safety, and
general welfare by reducing traffic hazards to pedestrian and vehicular traffic, and
by preventing unsightly and detrimental development having a blighting influence
upon residential and commercial uses.
The following shall apply in all zones in this PART except wherein otherwise
stated:
(a)
Signs shall be permitted as follows:
(i)
one lighted or unlighted facia identification or business sign
identifying any use contained within the building or structure, the
surface area of all signs shall have an aggregate sign surface area not
exceeding 20 percent of the surface of the wall to which they are
attached;
(ii)
one lighted or unlighted free-standing business, bulletin board or
identification sign having a maximum height not exceeding twenty-
five (25) feet; located in the front yard, but no part of such sign shall
be located nearer the front or side site lines than one (1) foot, the
total aggregate sign surface areas are not to exceed sixty-four (64)
square feet;
(iii)
one lighted or unlighted business or identification sign not exceeding
forty (40) square feet may be erected on the roof of the building
containing the business it identifies;
(iv)
advertising signs shall be a conditional use in the "CC" Central
Commercial Zone and the Urban Highway Commercial Zone; and
58
COMMERCIAL ZONES
(v)
advertising signs that are free standing on a site shall be a minimum
of three (3) feet from any site boundary.
(b)
No sign or sign structure shall be erected at any location where it may
interfere with, obstruct the view of, any street, highway intersection or
railway grade crossing or be confused with any authorized traffic sign,
signal or device;
(c)
No rotating beam or flashing signs shall be permitted in any zone without
the approval of the Council. In any event, no flashing sign shall be
permitted within three hundred (300) feet of any residential zone or
Provincial Roads and Provincial Trunk Highways;
(d)
All signs and sign structures shall be kept in repair and in proper state of
preservation. Signs which have become obsolete because of discontinuance
of the business service or activity, and have not been removed or relocated
within thirty (30) days following such condition, may be removed by the
Council at the owner's expense;
(e)
It shall be unlawful to erect or maintain a sign on, over or above any land or
right-of-way under the jurisdiction of the Village unless such right is
established by agreement with the Village and all signs shall adhere to all
the setback requirements of the zone in which they are located;
(f)
The placing of advertising, business or identification signs within the
control lines and circles of a Provincial Road or Provincial Trunk Highway
shall require a permit from the appropriate authority; and
(g)
The following signs shall not be subject to the provisions of this PART,
except wherein otherwise noted: flags, political, civic, educational,
religious, temporary, directional and real estate signs.
HEIGHT OF BUILDINGS
6.
(8)
The maximum height of principal buildings shall be three (3) storeys to a maximum
of forty (40) feet and of accessory buildings and structures shall be a maximum
height of fifteen (15) feet. These maximum heights of buildings and structures may
be reduced by Council if there is danger of the buildings or structures being hit by
low flying aircraft during its landing or take-off phase of flight.
59
COMMERCIAL ZONES
HEIGHT EXCEPTIONS
6.
(9)
The provisions of this PART, except where otherwise stated, shall not apply to limit
the height of any ornamental dome, chimney, tower electrical or telephone
transmission line, television or radio mast, steeple, water storage tank, electrical
apparatus or the mechanical operation of the building provided that no roof
structure or any space above the height limit shall be permitted for the purpose of
providing usable floor area or is in danger of being hit by an aircraft during its
landing or take-off phase of flight.
STORAGE OF MERCHANDISE
6.
(10)
There shall be no storage of merchandise in the front, side and rear yards within the
"CC" Central Commercial Zone, except for storage in the front and rear yards for
the following uses: Automobile and Trailer Sales, Automobile Service Station,
Agricultural Implement Sales and Services and the rear yard of lumber yards.
SITE SIZE REQUIREMENTS
6.
(11)
The site size regulations shall be as set forth in the TABLE V - II, except as
provided in Section 10, PART II, ADMINISTRATION.
NOXIOUS, HAZARDOUS OR OFFENSIVE USES
6.
(12)
Notwithstanding anything herein contained, no use shall be permitted in any
commercial zone under this PART which may be noxious, hazardous or offensive
by reason of the emission or production of odor, dust, refuse matter, wastes, vapour,
smoke, gas, vibration, noise or dangerous pollutants which could result in human
injury. Stationary anhydrous ammonia storage tanks shall not be located within the
Village of Erickson.
MULTIPLE USES
6.
(13)
Where any land or building is used for more than one purpose, all provisions of this
By-law relating to each use shall be satisfied. Where there is conflict such as in the
case of site area and site frontage, the higher or more stringent requirement shall
prevail.
60
COMMERCIAL ZONES
LOCATION OF COMMERCIAL USES WITH RESPECT TO COMMERCIAL PROPANE
AND BULK OIL STORAGE BUILDINGS AND STRUCTURES
6.
(14)
Commercial uses shall be set back from commercial propane and bulk oil storage
buildings and structures the same distance that these buildings and structures are
required to be set back under the Canadian Transport Commission and/or the
Manitoba Fire Commissioners Office.
DWELLING UNIT AND HABITABLE BUILDING LOCATION WITH RESPECT TO
SANITATION FACILITIES
6.
(15)
Dwellings or buildings containing dwelling units or buildings where people spend
their work day on a daily basis shall not be located within one thousand three
hundred and twenty (1320) feet of a waste disposal ground or one thousand five
hundred (1500) feet of a sewage lagoon property or as recommended by the local
Health Inspector.
61
GENERAL INDUSTRIAL ZONES
PART VI - GENERAL INDUSTRIAL ZONE
INTENT AND PURPOSE
1.
The General Industrial Zone established in this By-law are intended to provide sufficient
land in suitable locations to meet the needs of industrial development in The Area in
keeping with the provisions of the Development Plan.
ZONES
2.
In order to carry out the intent and purpose of section 1 above, there are hereby established
the following Zones:
INDUSTRIAL ZONE
2.
"M" GENERAL INDUSTRIAL ZONE
The purpose of this zone is to primarily provide for a wide range of industrial uses where a
certain level of nuisance factors must be accepted as characteristic of the use. Wherever
practical, industrial uses are located as far as possible from residential zones and in such a
way as to minimize any detrimental effect on other uses of land.
APPLICATION OF THE BY-LAW TO THE GENERAL INDUSTRIAL ZONE
3.
The general provisions applying to all GENERAL INDUSTRIAL ZONES are contained
within this PART. Also applying to these zones are the provisions of PART I -
"DEFINITIONS", PART II - "ADMINISTRATION", PART III - "ZONING" and
"APPENDIX A".
USE REGULATIONS
USES PERMITTED
4.
(1)
No land shall be used, or occupied, and no structure shall be erected, altered, used
or occupied, hereafter for any use in any INDUSTRIAL ZONE in which such land
or structure is located other than a use listed on TABLE VI - I, "GENERAL
INDUSTRIAL USE TABLE", with the following exception:
(a)
Uses lawfully established prior to the effective date of this By-law.
62
GENERAL INDUSTRIAL ZONES
CONDITIONAL USE
4.
(2)
Any use listed as a "CONDITIONAL USE" in TABLE VI - I shall comply with the
provisions as set forth in section 3, PART II, "ADMINISTRATION".
GENERAL INDUSTRIAL USE TABLE VI-I
LEGEND: P - Permitted
C - Conditional
USES:
ZONE
"M"
Accessory Uses, Buildings and Structures (see Section 4(3) and 5(3) of this PART)
P
Agricultural Products Manufacturing and Processing:
Animal Feeds
P
Farm Buildings and Structures
P
Farm Implements
P
Garden Implements
P
Seed Supplies
P
Automobile Body Shops and Painting
P
Automobile Service Stations
P
Automobile Wrecking Establishment
C
Boat Building Shops
P
Building Contractors Yards
C
Bulk Propane Sales and Service
P
Dairies and Creameries
P
Existing Uses legally established prior to the adoption of this By-law
P
Fertilizer (Non-hazardous solid and liquid only) Bulk Fuel Sales and Storage (see Section
6(14) of this PART)
P
Food Processing Plant
P
Grain or Vegetable Storage Buildings
P
Lumber Yards
P
Maintenance Yards
P
Public Utilities and Services (see PART II Section 14)
P
Plumbing and Sheet Metal Shops
P
Rail Freight Terminals and Yards
P
Sales Buildings
P
Service Shops
P
Signs (see Section 6.(7) of this PART)
P
Sign Painting Shops
P
63
GENERAL INDUSTRIAL ZONES
GENERAL INDUSTRIAL USE TABLE VI-I
LEGEND: P - Permitted
C - Conditional
USES:
ZONE
"M"
Signs, Advertising (see Section 6.(7) of this PART)
C
Truck Terminals
P
Veterinary Hospitals
P
Water Well Drillers
P
Warehouses
P
Wholesale Business, Storage
P
ACCESSORY USES, BUILDINGS AND STRUCTURES
4.
(3)
An accessory use, building, or structure includes, but is not limited to the following:
(a)
A garage, shed or building for storage incidental to a permitted or
conditional use;
(b)
Incinerators subject to the authority having jurisdiction, and which shall be
incidental to the permitted or conditional use;
(c)
Storage of goods used in or produced by manufacturing activities on the
same zoning site with such activities unless such storage is excluded by the
regulations of the zone;
(d)
The production, processing, cleaning, servicing, altering, testing or repair of
merchandise normally incidental to a business and personal service and
mercantile occupancies if conducted by the same ownership as the principal
use. This does not include hazardous materials, in Council's opinion, such
as anhydrous ammonia;
(e)
A dwelling unit or sleeping accommodation for a watchman or caretaker
and his family, if in Council's opinion, it is demonstrated that his presence
on the same zoning site as the principal use is essential and necessary;
(f)
A retail or commercial use which is incidental to a permitted or conditional
use;
(g)
Accessory off-street parking or loading spaces as required and regulated in
Section 6.(5) and 6.(6) of this PART; and
64
GENERAL INDUSTRIAL ZONES
(i)
Signs as permitted and regulated in Section 6.(7) of this PART.
BULK REGULATIONS
INDUSTRIAL BULK TABLE
5.
(1)
The Industrial bulk requirements shall be as set forth in TABLE VI - II, GENERAL
INDUSTRIAL BULK TABLE.
GENERAL INDUSTRIAL BULK TABLE VI-II
REQUIREMENTS
MINIMUM
MAXIMUM
a,d
Side
Yard
(ft.)
a,d,
Rear
Yard
(ft.)
PERMITTED OR
CONDITIONAL USES
Site
Area
(sq.ft.)
Site
Width
(ft.)
a
Front
Yard
(ft.)
inter-
ior
cor-
ner
lane
no
lane
Site
Coverage
(%)
Accessory Use,
Buildings, and
Structures (see also
Sections 5(3) of this
PART)
-
-
25
5b
10b
5b
10b
10
Animal Feeds,
Manufacture
15,000
100
20
5
10
5
10
60
Automobile Body
Shops
10,000
100
20
15
25
20
20
30
Automobile Service
Stations
15,000
100
25c
25c
25c
25c
25c
30
Automobile Wrecking
Establishments
25,000
150
20
5
10
5
15
80
Bulk Propane Sales and
Service
15,000
100
25c
25c
25c
25c
25c
30
Farm Buildings and
Structure Manufacture
20,000
100
20
5
10
5
10
75
65
GENERAL INDUSTRIAL ZONES
GENERAL INDUSTRIAL BULK TABLE VI-II
REQUIREMENTS
MINIMUM
MAXIMUM
a,d
Side
Yard
(ft.)
a,d,
Rear
Yard
(ft.)
PERMITTED OR
CONDITIONAL USES
Site
Area
(sq.ft.)
Site
Width
(ft.)
a
Front
Yard
(ft.)
inter-
ior
cor-
ner
lane
no
lane
Site
Coverage
(%)
Fertilizer (non-
hazardous solid and
liquid), Bulk Fuel,
Storage Sales and
Service
25,000
100
20
5
10
5
15
70
Food Processing
20,000
100
20
5
10
5
15
75
Garden Implements
Manufacture
15,000
100
20
5
10
5
10
60
Grain or Vegetable
Storage Buildings
15,000
100
20
5
10
10
10
60
Rail Freight Terminal
and Yard
80,000
200
20
5
10
5
15
70
Truck Terminal
80,000
150
20
5
10
5
15
70
Veterinary Offices
15,000
100
20
5
10
5
15
60
Other Permitted and
Conditional Uses
15,000
100
20
5
10
5
15
70
Explanations and Exceptions to the Bulk Requirements Table VI - II are as follows:
(a)
Buildings, structures and hedges adjacent to provincial roads, major provincial
highways and centers of intersections of same shall have a setback in accordance
with the Highway Protection Act and the Highway Department Act or as varied
from time to time.
(b)
Notwithstanding anything provided herein, in the case of detached accessory
buildings or structures used for storage of hazardous materials all required yards
must be the same as those required for the principal building or structure. See
Section 5.(3) of this PART.
(c)
Gasoline pumps shall have a required front, side and rear yard of fifteen (15) feet.
Bulk propane tanks shall have a required setback from all buildings and site lines as
66
GENERAL INDUSTRIAL ZONES
regulated by the Department of Labour.
(d)
Side or rear yard must be one-half (1/2) the height of the main building or as
required in the Bulk Table, whichever is greater.
SITE SIZE REQUIREMENTS
5.
(2)
The site size requirements shall be as set forth in TABLE VI - II, except as provided
in Section 10, PART II, ADMINISTRATION.
ACCESSORY BUILDING AND USES REGULATIONS
5.
(3)
Where this By-law provides that any premises may be used or a building or
structure may be erected or used for a purpose, the purpose includes any building or
use accessory thereof.
Accessory buildings, structures and uses except as otherwise regulated in the By-
law, shall be subject to the following regulations:
(a)
Where the accessory building is attached to a main building, it shall be
subject to, and shall conform to, all regulations of this By-law applicable to
the main building;
(b)
Detached accessory buildings shall not be located in any yard, except a side
or rear yard or as provided for elsewhere herein;
(c)
No detached accessory building shall be located closer than six (6) feet to
any main building;
(d)
In no instance shall an accessory building be located within a dedicated
easement right-of-way;
(e)
No accessory building shall be erected prior to erection of the main building
except where it is necessary for the storage of the tools and materials for use
during construction of the main building; and
(f)
Where a through site has a depth of less than two hundred (200) feet, an
accessory building may be located in one of the front yards, if such building
is set back from the nearest street line a distance of not less than ten (10)
percent of the depth of the site and at least five (5) feet from any side site
line. In no case shall any accessory building project beyond the front yard
67
GENERAL INDUSTRIAL ZONES
line of an existing main building along the site width, but such accessory
building need not be located more than twenty-five (25) feet from the street
line.
GENERAL PROVISIONS
INTENT
6.
(1)
The following provisions apply to the General Industrial Zone except wherein
otherwise provided:
AREA AND YARD REQUIREMENTS
6.
(2)
Except as herein provided, the following special provisions shall apply in all zones
of this PART to ensure adequate site and yard requirements:
(a)
Where a site is occupied for a use permitted in this zone and has no
buildings or structures thereon, the required yards shall be provided and
maintained;
(b)
Required yards provided for a building or structure, existing on the effective
date of this Zoning By-law or amendments thereto, shall not be reduced, or
further reduced, if already less than the minimum requirements of this
PART unless varied; and
(c)
All yards and other open space required for any use shall be located on the
same site as the use.
PROJECTIONS INTO REQUIRED YARDS
6.
(3)
Required yards shall be unobstructed from ground level to the sky, except as set
forth in the BULK TABLES of this PART and as follows:
(a)
Eaves and chimneys may project into any required front, side or rear yard, a
distance of not more than three (3) feet, provided that in no case shall an
eave or chimney project within three (3) feet of a side site line;
(b)
Open, unenclosed stairways, platforms, not covered by a roof or canopy,
which do not extend above the level of the first storey of the building, may
extend or project into any required front, side or rear yard not more than
twelve (12) feet provided the width of a required side yard is not reduced to
68
GENERAL INDUSTRIAL ZONES
less than three (3) feet;
(c)
Fences, hedges and lamp posts shall not exceed a height of six (6) feet
above finished grade except in the case of fences required under various
Government Department Regulations. A fence, hedge, trellises or
protection around ramps shall be permitted in any required front yard in
which case the height shall not exceed three and one-half (3-1/2) feet;
(d)
Landscape features, such as trees, berms, shrubs, flowers or plants, shall be
permitted in any required front, side or rear yard provided they do not
produce a hedge effect contrary to the provisions of clause (c) above.
DWELLING UNIT - MINIMUM SIZE
6.
(4)
The minimum floor area of a dwelling unit accessory to a principal use shall be four
hundred (400) square feet.
LOADING SPACES
6.
(5)
The following table indicates the required loading spaces for all industrial uses:
Floor area of building
Minimum Number of Loading Spaces
Up to and including 5,000
square feet
Nil
5,001 square feet up to and
including 15,000 square feet
1 loading space
15,001 square feet up to and
including 40,000 square feet
2 loading spaces
Over 40,000 square feet
2 loading spaces plus 1 additional loading
space for each additional 25,000 square feet or
portion thereof in excess of 40,000 square feet.
PARKING SPACES
6.
(6)
All parking spaces shall be provided on the same zoning site as the principal use.
69
GENERAL INDUSTRIAL ZONES
SIGNS
SIGN REGULATIONS
6.
(7)
The regulations of this section are intended and designed to establish a minimum
control of signs. Such control is deemed essential to promote the health, safety, and
general welfare by reducing hazards to pedestrian and vehicular traffic, and by
preventing unsightly and detrimental development having a blighting influence
upon residential, business and industrial uses.
The following shall apply in the industrial zones, except wherein otherwise stated:
(a)
One lighted or unlighted facia business or identification sign identifying any
use contained within the building or structure, the sign surface area not
exceeding two (2) square feet for each ten (10) feet of site width of property
on which it is located, but not exceeding a total sign surface area of one
hundred (100) square feet, for any building or use permitted in this zone.
An accessory building or structure shall not qualify for a separate business
or identification sign;
(b)
Any identification or business sign permitted in clause (a) above may be
attached to the face or roof of a building or structure or it may be a free-
standing sign;
(c)
Bulletin Board signs shall be permitted to a maximum size of thirty-two (32)
square feet;
(d)
Advertising signs shall be conditional uses;
(e)
All signs that are free standing on the site shall be a minimum of three (3)
feet from any site boundary;
(f)
No sign or sign structure shall be erected at any location where it may
interfere with, obstruct the view of, or be confused with any authorized
traffic sign, signal or device;
(g)
No rotating beam or flashing signs shall be permitted in this zone without
the approval of the Council. In any event, no flashing sign shall be
permitted within three hundred (300) feet of any residential zone or
Provincial Roads and Provincial Trunk Highways;
70
GENERAL INDUSTRIAL ZONES
(h)
All signs and sign structures shall be kept in repair and in proper state of
preservation. Signs which have become obsolete because of discontinuance
of the business service or activity, and have not been removed or relocated
within thirty (30) days following such condition, may be removed by the
Council at the owner's expense;
(i)
It shall be unlawful to erect or maintain any sign on, over or above any land
or right-of-way under the jurisdiction of the Village unless such right is
established by agreement with the Village, and all signs shall adhere to all
the setback requirements of this zone;
(j)
The placing of advertising, business or identification signs within the
control lines and circles of a Provincial Road or Provincial Trunk Highway
shall require a permit from the appropriate provincial authority; and
(k)
The following signs shall not be subject to the provisions of this By-law,
except wherein otherwise noted: flags, political, civic, educational,
religious, temporary, directional and real estate signs.
SPECIAL YARDS ALONG ZONE BOUNDARIES
6.
(8)
Where the zone boundary lines in a General Industrial Zone and a Residential,
Agricultural or Commercial Zone are co-terminus, there shall be a minimum site or
rear yard of fifteen (15) feet on the adjoining Industrial land except where a greater
required side or rear yard is provided for elsewhere herein.
HEIGHT OF BUILDINGS
6.
(9)
The maximum height of principal buildings shall be three (3) storeys to a maximum
of sixty (60) feet and of accessory buildings and structures shall be a maximum
height of fifteen (15) feet. These maximum heights of buildings and structures may
be reduced by Council if there is danger of the buildings or structures being hit by
low flying aircraft.
HEIGHT EXCEPTIONS
6.
(10)
The provisions of this PART shall not apply to limit the height of any grain
elevator, seed plant, ornamental dome, chimney, tower, electrical or telephone
transmission line, television or radio mast, steeple, water storage tank, electrical
apparatus or the mechanical operation of the building provided that no roof
71
GENERAL INDUSTRIAL ZONES
structure or any space above the height limit shall be permitted for the purpose of
providing usable floor area or is in danger of being hit by an aircraft during its
landing or take-off phase of flight.
OUTSIDE STORAGE OF GOODS AND MATERIALS
6.
(11)
(i)
Storage of goods and materials shall be located to the rear of a line
adjacent to and parallel with the front wall of the building;
(ii)
the storage shall not project above the height of a wall or fence; and
(iii)
a wall or fence shall be maintained in good condition and repair.
STATIONARY STORAGE OF ANHYDROUS AMMONIA
6.
(12)
A stationary anhydrous ammonia storage tank shall not be located within the
Village of Erickson.
MULTIPLE USES
6.
(13)
Where any land or building is used for more than one purpose, all provisions of this
PART relating to each use shall be satisfied. Where there is conflict such as in the
case of site area and site frontage, the higher or more stringent regulation shall
prevail.
LOCATION OF COMMERCIAL BULK PROPANE, NON-HAZARDOUS SOLID AND
LIQUID FERTILIZER AND BULK OIL STORAGE, BUILDINGS AND STRUCTURES
6.
(14)
Bulk propane, solid fertilizer and bulk oil storage, sales and service establishment
buildings and structures shall be set back from other buildings and structures as
required by the Canadian Transport Commission and/or the Manitoba Fire
Commissioners Office.
HABITABLE BUILDING LOCATION WITH RESPECT TO SANITATION FACILITIES
6.
(15)
Dwellings or buildings where people spend their work day on a daily basis shall not
be located within one thousand three hundred and twenty (1,320) feet of a waste
disposal ground or one thousand five hundred (1,500) feet of a sewage lagoon
property or as recommended by the local Health Inspector.
72
INSTITUTIONAL ZONES
PART VII - INSTITUTIONAL ZONE
INTENT AND PURPOSE
1.
The Institutional Zone established in this By-law is intended to provide sufficient land in
suitable locations to accommodate governmental, educational, institutional and public
recreational uses in keeping with the provisions of the Development Plan.
ZONE
2.
In order to carry out the intent and purpose of Section 1 above, there is hereby established
in The Area the following zone:
(1)
"I" Institutional Zone
The purpose of this Zone is to primarily provide locations for a wide range of
governmental, educational, institutional, and public recreation uses.
APPLICATION OF THE BY-LAW TO THE INSTITUTIONAL ZONE
3.
The general provisions applying to the INSTITUTIONAL ZONE are contained within this
PART. Also applying to this zone are the provisions of PART I - "DEFINITIONS", PART
II - "ADMINISTRATION", PART III - "ZONING" and "APPENDIX A".
USE REGULATIONS
USES PERMITTED
4.
(1)
No land shall be used or occupied and no structure shall be erected, altered, used or
occupied, hereinafter for any use in the Institutional Zone in which such land or
structure is located other than a use listed in TABLE VII - I, "INSTITUTIONAL
USE TABLE", with the following exception:
(a)
Uses lawfully established prior to the effective date of this By-law.
CONDITIONAL USE
4.
(2)
Any use listed as a "CONDITIONAL USE" in TABLE VII - I shall comply with
the regulations as set forth in section 3, PART II, "ADMINSTRATION".
73
INSTITUTIONAL ZONES
INSTITUTIONAL USE TABLE VII-I
LEGEND: P - Permitted
C - Conditional
ZONES
USES:
"I"
Accessory Uses, Buildings and Structures (see Section 4(3) and 5(2) of this PART)
P
Arenas, Halls and Curling Rinks
P
Campgrounds
C
Cemeteries
C
Churches and Church Halls
P
Drop-in Centers
P
Existing Uses legally established prior to the adoption of this By-law
P
Golf Courses
P
Hospitals and Clinics
P
Libraries
P
Museums
P
Parks, Playgrounds and Recreation Areas
P
Public Institutions and Buildings
P
Public, Private and Parachial Schools
P
Public Utilities and Services (see PART II Section 14)
P
Residential Care Facilities include Half-way type homes, Rehabilitation homes,
Hostels and Group Foster homes providing meals, residential services, care and
supervision of children who are under the care of a child caring agency as defined by
the Child Welfare Act or for adults who may be post mentally ill, mentally retarded
or otherwise developmentally delayed
P
Senior Citizen Home, Personal Care Home
P
Signs (see Section 6.(3) of this PART)
P
Swimming Pools, Wading Pools
P
ACCESSORY USES, BUILDINGS AND STRUCTURES
4.
(3)
An accessory use, building, or structure includes, but is not limited to, the
following.
(a)
Buildings or structures for the operation, maintenance, and administration of
a permitted or conditional use;
(b)
Buildings or structures incidental to a permitted or conditional use;
74
INSTITUTIONAL ZONES
(c)
Private communication aerials and parabolic dish antennae (see Section 5(2)
of this PART);
(d)
Staff dwelling, to include only a single-family dwelling, two-family,
dormitory, or mobile home when on the same site with a permitted or
approved use where, in the opinion of Council, said dwelling is essential for
the maintenance, operation and care of the use;
(e)
Home occupations; and
(f)
Signs as permitted and regulated in section 6.(3) of this PART.
BULK REGULATIONS
INSTITUTIONAL BULK TABLE
5.
(1)
The Institutional bulk requirements shall be as set forth in TABLE VII - II,
INSTITUTIONAL BULK TABLE, and the following Sections.
ACCESSORY BUILDINGS, STRUCTURES AND USE REGULATIONS
5.
(2)
Where this PART provides that any premises may be used or a building or structure
may be erected or used for a purpose, the purpose includes any building or use
accessory thereof.
Accessory buildings, structures and uses except as otherwise regulated in the By-
law, shall be subject to the following regulations:
(a)
Where the accessory building is attached to a main building, it shall be
subject to, and shall conform to, all regulations of this By-law applicable to
the main building;
(b)
Detached accessory buildings shall not be located in any yard, except in side
and rear yards or as provided for elsewhere herein;
(c)
No detached accessory building shall be located closer than six (6) feet to
any main building;
(d)
In no instance shall an accessory building be located within a dedicated
easement right-of-way; and
(e)
A parabolic dish antenna shall be located, when in a yard, to the rear of the
75
INSTITUTIONAL ZONES
rear wall of the principal building and on the same site as the principal
building. If it can be proven that a signal cannot be received under these
provisions, then the dish antenna may be placed, with Council's approval, at
a location least detrimental to adjacent sites.
INSTITUTIONAL BULK TABLE VII-II
REQUIREMENTS
MINIMUM
MAXIMUM
a
Side
Yard
(ft.)
a
Rear
Yard
(ft.)
PERMITTED OR
CONDITIONAL USES
Site
Area
(sq.ft.)*
Site
Width
(ft.)
a
Front
Yard
(ft.)
inter-
ior
cor-
ner
lane
no
lane
Site
Coverage
(%)
Accessory Uses,
Buildings and
Structures (see Sections
5(2) of this PART)
-
-
30
15
15
10
10
10
Arenas and Halls
12,000
80
30
25
25
25
25
55
Campgrounds
40,000
200
30
15
25
25
25
60
Exhibition Grounds
87,120
300
30
25
25
25
25
90
Golf Courses
50AC.
575
30
15
15
15
15
90
Hospitals
87,120
200
30
25
25
25
25
60
Libraries
6,000
50
30
15
15
25
25
20
Museums
6,000
50
30
15
15
25
25
20
Parks, Playgrounds and
Recreation Areas owned
or approved by Council
6,000
60
30
10
15
20
20
N/A
Public Institutions and
Buildings
10,000
80
30
15
15
25
25
35
Public, Private and
Parachial Schools
5AC
300
30
25
25
25
25
70
Public Utilities and
Services
5,000
50
30
15
15
15
15
20
Residential Care
Facilities
10,000b
70
30
15
15
25
25
35
Senior Citizen Home,
Personal Care Home
12,000b
70
25
15
15
25
25
35
Swimming Pools,
Wading Pools
10,000
100
30
15
15
25
25
35
76
INSTITUTIONAL ZONES
INSTITUTIONAL BULK TABLE VII-II
REQUIREMENTS
MINIMUM
MAXIMUM
a
Side
Yard
(ft.)
a
Rear
Yard
(ft.)
PERMITTED OR
CONDITIONAL USES
Site
Area
(sq.ft.)*
Site
Width
(ft.)
a
Front
Yard
(ft.)
inter-
ior
cor-
ner
lane
no
lane
Site
Coverage
(%)
Other Permitted and
Conditional Uses
30,000
100
30
15
15
25
25
55
* unless otherwise noted
Explanations and Exceptions to the Bulk Requirements Table VII - II are as follows:
(a)
Buildings, structures and hedges adjacent to major provincial highways and
centers of intersections of same shall have a setback in accordance with the
Highway Protection Act or the Department of Highways Act or as varied
from time to time.
(b)
Twelve thousand (12,000) square feet of site area for the first three (3)
dwelling units and one thousand (1,000) additional square feet of site area
for each additional dwelling unit.
GENERAL PROVISIONS
INTENT
6.
(1)
The following provisions apply to the Institutional Zone except wherein otherwise
provided:
MINIMUM DWELLING SIZE
6.
(2)
The minimum floor area of a dwelling unit shall be four hundred (400) square feet.
SIGN REGULATIONS
6.
(3)
The regulations of this section are intended and designed to establish a minimum
control of signs. Such control is deemed essential to promote the health, safety, and
general welfare by reducing hazards to pedestrian and vehicular traffic, and by
preventing unsightly and detrimental development having a blighting influence
77
INSTITUTIONAL ZONES
upon residential, and institutional uses.
The following signs shall apply in the institutional zone except wherein otherwise
stated:
(a)
Not more than two (2) lighted or unlighted identification and business signs,
each not exceeding twenty-five (25) square feet in sign surface area and
having a maximum height of fifteen (15) feet shall be permitted for any
building or use;
(b)
Advertising signs shall not be permitted within this zoning district;
(c)
Free standing signs shall be five (5) feet from site lines;
(d)
No sign or sign structures shall be erected at any location where it may
interfere with, obstruct the view of, any street, highway intersection or
railway grade crossing or be confused with any authorized traffic sign,
signal or device;
(e)
It shall be unlawful to erect or maintain any sign on, over or above any land
or right-of-way under the jurisdiction of the Village unless such right is
established by agreement with the Village, and all signs shall adhere to all
the setback requirements of the zoning district in which they are located;
(f)
The placing of business or identification signs within the control lines and
circles of a Provincial Road or Provincial Trunk Highway shall require a
permit from the appropriate authority; and
(g)
The following signs shall not be subject to the provisions of this PART,
except wherein otherwise noted: flags, political, civic, educational,
religious, temporary, directional and real estate signs.
PARKING
6.
(4)
For each permitted or conditional use there shall be adequate parking spaces
provided for employees and visitors to the satisfaction of Council and one parking
space provided for each dwelling unit on the same zoning site as the principal use,
excluding personal care rooms. In the case of senior citizen multiple-family
dwelling there shall be decimal five (0.5) parking spaces per dwelling unit provided.
AREA AND YARD REQUIREMENTS
78
INSTITUTIONAL ZONES
6.
(5)
Except as herein provided, the following special provisions shall apply to ensure
adequate site and yard requirements:
(a)
Where a site is occupied for a use permitted in this zone and has no
buildings or structures thereon, the required yards for the zone within which
it is located shall be provided and maintained;
(b)
Yards provided for a building or structure, existing on the effective date of
this Zoning By-law or amendments thereto, shall not be reduced, or further
reduced, if already less than the minimum requirements of this PART unless
varied; and
(c)
All yards and other open space required for any use shall be located on the
same site as the use.
PROJECTION INTO REQUIRED YARDS
6.
(6)
Required yards shall be unobstructed from ground level to the sky, except as set
forth in the BULK TABLES of this PART and as follows:
(a)
Eaves and chimneys may project into any required front, side or rear yard, a
distance of not more than three (3) feet, provided that in no case shall an
eave or chimney project within three (3) feet of a side site line;
(b)
Open unenclosed porches, platforms, not covered by a roof or canopy,
which do not extend above the level of the first storey of the building, may
extend or project into any required front, side or rear yard not more than
twelve (12) feet provided the width of a required side yard is not reduced to
less than three (3) feet;
(c)
Fences, hedges and lamp posts shall not exceed a height of six (6) feet
above finished grade except in the case of fences required under various
Government Department regulations. A fence, hedge, trellises or protection
around ramps shall be permitted in any required front yard in which case the
height shall not exceed three and one-half (3-1/2) feet.
(d)
Landscape features, such as trees, shrubs, flowers or plants, shall be
permitted in any required front, side or rear yard provided they do not
produce a hedge effect contrary to the provisions of clause (c) above.
79
INSTITUTIONAL ZONES
HEIGHT OF BUILDINGS
6.
(7)
The maximum height of principal buildings shall be three (3) storeys (40 ft.),
accessory buildings and structures shall be fifteen (15) feet. These maximum
heights of buildings and structures may be reduced by Council if there is danger of
the buildings or structures being hit by low flying aircraft.
HEIGHT EXCEPTIONS
6.
(8)
The provisions of this PART shall not apply to limit the height of any ornamental
dome, chimney, tower, electrical or telephone transmission line, television or radio
mast, steeple, water storage tank, electrical apparatus or the mechanical operation of
the building provided that no roof structure or any space above the height limit shall
be permitted for the purpose of providing usable floor area or is in danger of being
hit by an aircraft during its landing or take-off phase of flight.
NOXIOUS OR OFFENSIVE USES
6.
(9)
Notwithstanding anything herein contained, no use shall be permitted in the
Institutional Zone which may be noxious or offensive by reason of the emission or
production of odor, dust, refuse matter, wastes, vapour, smoke, gas, vibration or
noise.
MULTIPLE USES
6.
(10)
Where any land or building is used for more than one purpose, all provisions of this
By-law relating to each use shall be satisfied. Where there is conflict such as in the
case of site area and of frontage, the higher or more stringent regulation shall
prevail.
HABITABLE BUILDINGS LOCATION WITH RESPECT TO SANITATION
FACILITIES
6.
(11)
New dwellings or buildings where people spend their work day on a daily basis
shall not be located within one thousand three hundred and twenty (1,320) feet of a
waste disposal ground or one thousand five hundred (1,500) feet of a sewage lagoon
property or as recommended by the local Health Inspector.
CAMPGROUNDS PARK DEVELOPMENT PROVISION
6.
(12)
All design plans for a campground must be submitted to Council for their
consideration and approval prior to the issuance of a Development Permit.
80
INSTITUTIONAL ZONES
LOCATION OF INSTITUTIONAL USES WITH RESPECT TO COMMERCIAL
PROPANE AND BULK OIL STORAGE BUILDINGS AND STRUCTURES
6.
(13)
Institutional uses shall be set back from commercial propane and bulk oil storage
buildings and structures the same distance that these buildings and structures are
required to be set back from Institutional buildings under the Canadian Transport
Commission and/or The Manitoba Fire Commissioners Office.
81
LIMITED AGRICULTURAL ZONE
PART VIII - LIMITED AGRICULTURAL ZONE
INTENT AND PURPOSE
1.
The Limited Agriculture Zone established in this By-law is intended to provide sufficient
land in suitable locations to allow rural uses to occur but in such a fashion as to be easily
converted to urban development upon need in The Area in keeping with the provisions of
the Development Plan.
ZONE
"AL" LIMITED AGRICULTURE ZONE
2.
This Zone primarily provides for appropriate land in The Area's fringe for the development
of agricultural uses.
APPLICATION OF THE BY-LAW TO THE LIMITED AGRICULTURE ZONE
3.
The general provisions applying to the LIMITED AGRICULTURE ZONE are contained
within this PART. Also applying to this zone are the provisions of PART I -
"DEFINITIONS", PART II - "ADMINISTRATION", PART III - "ZONING" and
"APPENDIX A".
USE REGULATIONS
USES PERMITTED
4.
(1)
No land shall be used or occupied and no structure shall be erected, altered, used or
occupied hereinafter for any use in the Agriculture Zone, other than a use listed in
TABLE VIII - I, "LIMITED AGRICULTURE USE TABLE", with the following
exception:
(a)
Uses lawfully established prior to the effective date of this By-law.
CONDITIONAL USE
4.
(2)
Any use listed as a "CONDITIONAL USE" in TABLE VIII - I shall comply with
the regulations as set forth in section 3, PART II - "ADMINISTRATION".
82
LIMITED AGRICULTURAL ZONE
ACCESSORY USES, BUILDINGS AND STRUCTURES
4.
(3)
In the Limited Agriculture Zone, accessory uses, buildings or structures shall be
limited to the following:
(a)
Farm dwelling to include only a single-family dwelling or a mobile home
when on the same site with a permitted or conditional agricultural activity;
LIMITED AGRICULTURE USE TABLE VIII-I
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"AL"
Accessory Uses, Buildings and Structures (see Sections 4(3) and 5(3) of this PART)
P
Agricultural Specialized Uses including Nurseries, Market Gardening, Commercial
Greenhouses, Public and Private Stables, not subject to registration under the Clean
Act
P
Agricultural General Uses comprising Market Gardening, Field Crops and Tame
Forage production which, in the opinion of Council, are not obnoxious or detrimental
to the public welfare
P
Auction Market
C
Cemeteries
C
[Churches (B/L 411/89)
C]
Existing Use legally established prior to the adoption of this By-law
P
Exhibition Grounds
C
Golf Courses
C
Game Farm, subject to registration under the Clean Environment Act
C
Kennel, Pounds and Animal Clubs
C
Livestock Production Operations in existence at the time of approval of the Zoning
By-law
C
Parks, Picnic Areas, Playgrounds
P
Signs (see Section 6.(5) of this PART)
P
Signs, Advertising
C
Veterinary Hospital
P`
83
LIMITED AGRICULTURAL ZONE
4.
(3)
(b)
Farm buildings or structures for the operation and maintenance of an
agricultural activity;
(c)
Storage of goods used in or produced by agricultural activities on the same
site with such activities, unless such storage is excluded by the zone
regulations;
(d)
A private garage, carports, covered patio, toolhouse, shed, and other similar
buildings for the storage of domestic equipment and supplies;
(e)
Home Occupations;
(f)
Signs as permitted and regulated in Section 6.(5) of this PART;
(g)
Residential care facilities providing meals, residential services, care and
supervision for eight or fewer children who are under the care of a child
caring agency as defined by the Child Welfare Act or four or fewer adults
who may be post mentally ill, mentally retarded or otherwise
developmentally delayed; and
(h)
Staff dwellings where, in Council's opinion, they are necessary.
BULK REGULATIONS
5.
(1)
The Agricultural bulk requirements shall be as set forth in TABLE VIII - II,
LIMITED AGRICULTURE BULK TABLE.
SITE SIZE REGULATIONS
5
(2)
The site size requirements shall be as set forth in TABLE VIII - II, except as
provided in Section 10, PART II, "ADMINISTRATION".
ACCESSORY BUILDING STRUCTURES AND USES REGULATIONS
5.
(3)
Where this By-law provides that any premises may be used or a building or
structure may be erected or used for a purpose, the purpose includes any building or
use accessory thereof.
Accessory buildings, except as otherwise regulated in the By-law, shall be subject
to the following regulations:
(a)
Where the accessory building is attached to a main building, it shall be
84
LIMITED AGRICULTURAL ZONE
subject to, and shall conform to, all regulations of this By-law applicable to
the main building;
(b)
Detached accessory buildings shall not be located in any yard, except a side
or rear yard or as provided for elsewhere herein;
LIMITED AGRICULTURAL BULK TABLE VIII-II
REQUIREMENTS
MINIMUM
MAXIMUM
PERMITTED
OR
CONDITIONAL
USES
Site
Area
(acres)*
Site
Width
(ft.)
a
Front
Yard
(ft.)
a
Side
Yard
(ft.)
a
Rear
Yard
(ft.)
Site
Coverage
%
Accessory Uses, Building
Structures (Also see Section 4(3)
5(3) of this PART)
-
-
40
15
10
10
Agricultural, Specialized Uses
including Nurseries, Commercial
Greenhouses, Public and Private
Stables not subject to
registration under the Clean
Environment Act, Market
Gardening
5
300
40
15
15
100
Agricultural General:
Field Crops, Tame Forage
Production
30
660
40
50
50
100
Auction Market
2
150
40
15
15
70
Cemetery
2
150
25
15
25
60
[Churches (B/L 411/89)
sq.ft.
33,000
130
30
15
25
25]
Exhibition Grounds
5
300
40
15
25
90
Existing Single-Family
Dwellings
sq.ft.
15,000
100
30
15
25
45
Golf Courses
50
575
40
15
15
90
Game Farms
5
300
30
30
15
90
Kennels, Pound and Animal
Clubs
5
200
50
15
25
70
85
LIMITED AGRICULTURAL ZONE
LIMITED AGRICULTURAL BULK TABLE VIII-II
REQUIREMENTS
MINIMUM
MAXIMUM
PERMITTED
OR
CONDITIONAL
USES
Site
Area
(acres)*
Site
Width
(ft.)
a
Front
Yard
(ft.)
a
Side
Yard
(ft.)
a
Rear
Yard
(ft.)
Site
Coverage
%
Livestock Production operations
in existence at the time of the
approval of the Zoning By-law
40
660
125
25
25
90
Parks, Picnic Areas, Playgrounds
0.5
100
30
15
25
50
Public Utilities and Services
sq.ft.
5,000
50
30
15
25
20
Veterinary Hospitals
2
150
50
30
50
30
Other Permitted and Conditional
Uses
1.5
200
125
15
25
45
*unless otherwise noted
Explanations and Exceptions to the Bulk Requirements Table VIII - II are as follows:
(a)
Buildings, structures and hedges adjacent to provincial roads, major provincial
highways and centers of intersections of same shall have a setback in accordance
with the Highway Protection Act and the Highway Department Act or as varied
from time to time.
Cont'd
5.
(3)
(c)
No detached accessory building shall be located closer than six (6) feet to
any main building on the same site;
(d)
No detached accessory building for agricultural use shall be located closer
than twenty (20) feet to any residential dwelling;
(e)
In no instance shall an accessory building be located within a dedicated
easement right-of-way; and
(f)
No accessory buildings shall be erected prior to erection of the main
building except where it is necessary for the storage of the tools and
materials for use during construction of the main building.
86
LIMITED AGRICULTURAL ZONE
GENERAL PROVISIONS
INTENT
6.
(1)
The following provisions apply to the Limited Agriculture Zone except wherein
otherwise provided:
AREA AND YARD REGULATIONS
6.
(2)
Except as herein provided, the following special provisions shall apply in this zone
to ensure adequate site and yard requirements:
(a)
Required yards provided for a building or structure, existing on the effective
date of this Zoning By-law or amendments thereto, shall not be reduced, or
further reduced, if already less than the minimum requirements of this
PART unless varied; and
(b)
All yards and other open space required for any use shall be located on the
same site as the use.
HEIGHT OF BUILDINGS
6.
(3)
The maximum height of principal buildings shall be three (3) storeys to a maximum
of forty (40) feet and of accessory buildings and structures shall be a maximum
height of (15) feet. These maximum heights of buildings and structures may be
reduced by Council if there is a danger of the buildings or structures being hit by
low flying aircraft.
HEIGHT EXCEPTIONS
6.
(4)
The provisions of this PART shall not apply to limit the height of any ornamental
dome, chimney, tower, electrical or telephone transmission line, television or radio
mast, steeple, water storage tank, electrical apparatus or the mechanical operation of
the building provided that no roof structure or any space above the height limit shall
be permitted for the purpose of providing usable floor area or is in danger of being
hit by an aircraft during its landing or take-off phase of flight.
SIGN REGULATIONS
6.
(5)
The regulations of this section are intended and designed to establish a minimum
87
LIMITED AGRICULTURAL ZONE
control of signs. Such control is deemed essential to promote the health, safety, and
general welfare by reducing hazards to pedestrian and vehicular traffic, and by
preventing unsightly and detrimental development having a blighting influence
upon the Village of Erickson.
The following shall apply in this zone of this PART except wherein otherwise
stated:
(a)
No more than one (1) lighted or unlighted business and identification sign,
not exceeding thirty-two (32) square feet in sign surface area and having a
height of no more than fifteen (15) feet shall be permitted for any building
or use permitted in this zone;
(b)
Advertising signs shall be a conditional use;
(c)
No free standing sign shall be closer than five (5) feet to a site line;
(d)
No sign or sign structures shall be erected at any location where it may
interfere with, obstruct the view of, any street, highway intersection or
railway grade crossing or be confused with any authorized traffic sign,
signal or device;
(e)
No rotating beam or flashing signs shall be permitted in this zone without
the approval of the Council. In any event, no flashing sign shall be
permitted within three hundred (300) feet of any residential zone or
Provincial Roads and Provincial Trunk Highways;
(f)
All signs and sign structures shall be kept in repair and in proper state of
preservation. Signs which have become obsolete because of discontinuance
of the business service or activity, and have not been removed or relocated
within thirty (30) days following such condition, may be removed by the
Council at the owner's expense;
(g)
It shall be unlawful to erect or maintain any sign on, over or above any land
or right-of-way under the jurisdiction of the Village unless such right is
established by agreement with the Village, and all signs shall adhere to all
the setback requirements of this zone;
(h)
The placing of advertising, business or identification signs within the
control lines and circles of a Provincial Road or Provincial Trunk Highway
shall require a permit from the appropriate provincial authority; and
88
LIMITED AGRICULTURAL ZONE
(i)
The following signs shall not be subject to the provisions of this By-law,
except wherein otherwise note: flags, political, civic, educational, religious,
temporary, directional and real estate signs.
MINIMUM DWELLING SIZE
6.
(6)
The minimum floor area of a single-family dwelling, farm dwelling, staff house or
mobile home shall be six hundred (600) square feet per dwelling unit.
LIVESTOCK PRODUCTION OPERATIONS
6.
(7)
A conditional use permit shall be required for the expansion of an existing
Livestock Production Operation producing in excess of five (5) Livestock Waste
Units which shall state the use of the land, buildings or structures and the capacity,
in terms of number of animals, the operation and the method of waste disposal, and
may require a letter of acceptance from the Environmental Control Branch.
LOCATION OF BARNS AND ANIMAL CONFINEMENT AREAS
6.
(8)
Barns and animal confinement areas associated with livestock production
operations shall not be located within six hundred (600) feet of a residential or
institutional zone. This excludes barns associated with agricultural society grounds
and exhibition grounds.
CATEGORY OF LIVESTOCK PRODUCTION OPERATIONS REQUIRING
REGISTRATION UNDER THE CLEAN ENVIRONMENT AND THEREFORE A
CONDITIONAL USE IN THIS ZONING BY-LAW
6.
(9)
All operators of new or expanding livestock production operations falling into the
following category shall register the operation.
Any operation:
(a)
producing waste in excess of ten (10) Livestock Waste Units and located
within a residential or recreation area.
LIVESTOCK WASTE UNIT OR L.W.U.
6.
(10)
TABLE VIII - III OF LIVESTOCK WASTE UNITS - L.W.U. to be used in
determining the number of L.W.U. produced by a Livestock Production Operation.
89
LIMITED AGRICULTURAL ZONE
MULTIPLE USES
6.
(11)
Where any land or building is used for more than one purpose, all provisions of this
PART relating to each use shall be satisfied. Where there is conflict such as in the
case of site area and site frontage, the higher or more stringent requirement shall
prevail.
HABITABLE BUILDING LOCATION WITH RESPECT TO SANITATION FACILITIES
6.
(12)
New dwellings or buildings containing dwelling units shall not be located within
one thousand three hundred and twenty (1,320) feet of a waste disposal ground or
one thousand five hundred (1,500) feet of a sewage lagoon property or as
recommended by the local Health Inspector.
LIVESTOCK WASTE UNITS CONVERSION TABLE NO. VIII - III
TYPE OF OPERATION
LIVESTOCK WASTE UNITS
(L.W.U.)
Dairy Cattle
1
Milk Cow
1
Milk Cow plus Dry Cows
1
Milk Cow plus Dry Cows replacement heifers, calves
1.0
1.2
1.4
Beef Cattle
1
Beef Animal of Feedlot Capacity
1
Beef Cow plus replacement heifers, calves
(All year Dry Lot Capacity)
1
Beef Cow plus replacement heifers, calves
(Winterlot Capacity)
1
Beef Cow plus bulls, replacement heifers, calves
(Summer pasture only)
0.36
0.7
0.42
0.28
Swine
1
Sow (Farrow-Finish) plus boars, replacement gilts,
suckling pigs to market
1
Sow (Farrow-Weanling) plus boars, replacement gilts,
suckling pigs to 40 pounds
1
Feeder Pig (40 pounds to market)
Feeder Barn Capacity
2.0
0.8
0.2
Chickens
90
LIMITED AGRICULTURAL ZONE
LIVESTOCK WASTE UNITS CONVERSION TABLE NO. VIII - III
TYPE OF OPERATION
LIVESTOCK WASTE UNITS
(L.W.U.)
100
Laying Hens
100
Chicken Broilers
100
Hens in Breeder Flock
0.9
0.53
1.2
Turkeys
100
Turkey Broilers
100
Turkey Feeders
100
Turkey Hens in Breeder Flock
0.85
1.5
2.2
Ducks
100
Ducks
1.0
Geese
100
Geese
1.1
Horses
1
Horse
0.5
Sheep
1
Ewe, plus rams, Lambs
0.1
Rabbits
10
Does, plus bucks, litters
0.4