Municipality of Deloraine-Winchester Zoning By-law No. 22-004 (consolidated)
Municipality of Deloraine – Winchester, Manitoba
· adopted 2022-09-15
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Municipality of Deloraine-Winchester Zoning By-law
Prepared by: Richard + Wintrup Planning and Development
September 2022
By-Law No. 22-004
List of Amendments
This is the Municipality of Deloraine-Winchester No. 22-004 as amended, and prepared for the
purpose of convenience only. For accurate reference, the original of this by-law and any other
municipal by-law should be consulted. Copies of original Municipality of Deloraine-Winchester
by-laws are available at offices of the Municipality of Deloraine-Winchester.
The following table lists all of the amending by-laws to the [Municipality of Deloraine-Winchester]
By-law, by by-law number, in ascending numerical order, beginning with the adoption of this By-
law. This list is updated on a regular basis.
22-004
Municipality of Deloraine-Winchester BY-LAW
DD/MM/YR
Municipality of Deloraine-Winchester Zoning By-law amended by:
By-Law No.
Affected Site/Provisions Description
Adoption Date
Schedule A: Zoning By-law
1. Scope and Applicability ............................................................... 1
1.1. Title ................................................................................................................. 1
1.2. Effective Date .................................................................................................. 1
1.3. Scope .............................................................................................................. 1
1.4. Application ...................................................................................................... 1
1.5. Compliance ..................................................................................................... 2
1.6. Transition From Previous By-law...................................................................... 3
2. Zoning Regulations: ..................................................................... 4
2.1. Access and Frontage ....................................................................................... 4
2.2. Water and Wastewater Infrastructure Connections ......................................... 6
2.3. Moving and Demolition Structures .................................................................. 6
2.4. Excavation, Stripping, and Grading ................................................................. 6
2.5. Lands Subject to Flooding .............................................................................. 7
2.6. Lands Subject to Erosion or Bank Instability .................................................... 8
2.7. Setbacks along Water Bodies .......................................................................... 8
2.8. Standards for Cottages ................................................................................. 10
2.9. Standards for Campgrounds or RV Parks ...................................................... 10
2.10. Setbacks from Provincial Trunk Highways and Roads .................................... 11
2.11. Setbacks from Public Services ....................................................................... 11
2.12. Setbacks from Railways ................................................................................. 11
2.13. Setbacks from Airports .................................................................................. 12
2.14. Setbacks from Oil and Gas Extraction ........................................................... 13
2.15. Setbacks from Pipelines, Transportation, and Transmission Lines ................. 14
2.16. Setbacks Reduced by Subdivision ................................................................. 14
2.17. Setbacks for Condominium, Consolidated Lot Developments, and Planned
Unit Developments (PUD) .............................................................................. 14
2.18. Setbacks for Infill Dwellings ........................................................................... 15
2.19. Setbacks for Corner Lots ............................................................................... 16
2.20. Setbacks for Through Lots ............................................................................. 17
2.21. Setbacks Corner Lot Sight Triangle Area ...................................................... 18
2.22. Setbacks for Flag Lots ................................................................................... 19
2.23. Setbacks for Commercial or Industrial near Residential Land-Uses ............... 20
2.24. Permitted Projections into Setbacks .............................................................. 21
2.25. Permitted in Front and Rear but Not Side Yards ........................................... 26
2.26. Permitted Projections Above the Height Limit .............................................. 26
2.27. Temporary Buildings, Structures, and Uses ................................................... 27
2.28. Cover-all Buildings and Fabric Buildings ....................................................... 29
2.29. Shipping Containers (Sea Cans) .................................................................... 30
2.30. Accessory Buildings, Structures and Uses ..................................................... 31
2.31. Garages and Carports ................................................................................... 34
2.32. Home Enterprises .......................................................................................... 35
2.33. Fences And Hedges ...................................................................................... 41
2.34. Decks, Patios, Balconies, Patio Covers, Sunrooms, Screen Enclosures ......... 42
2.35. Pools And Hot Tubs ...................................................................................... 43
2.36. Outdoor Fire Pit, Wood Burning Stove, or Barbecue .................................... 44
2.37. Lighting ......................................................................................................... 45
2.38. Apiculture (Beekeeping) ................................................................................ 45
2.39. Livestock ........................................................................................................ 47
3. Parking, Loading, and Signage ................................................. 55
3.1. Minimum Parking Requirements ................................................................... 55
3.2. Parking Reductions ........................................................................................ 57
3.3. Parking Stall Widths and Lengths; and Aisle Specifications .......................... 58
3.4. Parking and Storage of Boats, Recreational Vehicles and Trailers ................. 63
3.5. Parking and Storage of Large Vehicles in Residential Zones ......................... 64
3.6. Parking and Storage of Unlicensed Motor Vehicles ...................................... 64
3.7. Parking Standards for Residential Zones ....................................................... 65
3.8. Parking Standards for Non-Residential Zones ............................................... 66
3.9. Outside Vehicle Display Areas ...................................................................... 67
3.10. Outside Storage ............................................................................................ 68
3.11. Outside Storage of Hazardous Uses [Dangerous Goods] .............................. 69
3.12. Loading Space Requirements ........................................................................ 70
3.13. Surfacing of Parking and Loading Areas ........................................................ 71
3.14. Drive-Through Facility ................................................................................... 72
3.15. Signage Regulations ...................................................................................... 73
4. Provisions for Infill Residential Housing ................................... 83
4.1. Accessory Dwelling Units .............................................................................. 83
4.2. Conversion of Residential Buildings .............................................................. 86
4.3. Dwellings on Corner Lots .............................................................................. 87
4.4. Rooming and Boarding Houses ..................................................................... 88
4.5. Community Care Facilities ............................................................................. 89
4.6. Flag Lots ........................................................................................................ 89
4.7. Splitting Attached Dwellings on to Separate Lots ......................................... 90
4.8. Bungalow Clusters ......................................................................................... 93
4.9. Bungalow Courts ........................................................................................... 94
4.10. Dwelling Unit, Live Work ............................................................................... 97
4.11. Dwelling Units, Commercial Zones ................................................................ 97
4.12. Dwelling Units, Industrial and Institutional Zones .......................................... 98
4.13. Dwelling Units, Agriculture Limited Zones .................................................... 98
4.14. Mobile Homes and Mobile Units ................................................................... 99
4.15. Not Considered Dwelling Unit .................................................................... 100
5. Zoning Lands and Land-Uses .................................................. 102
5.1. Classification of Uses ................................................................................... 102
5.2. Land-Use Lexicon: Uses of Land Defined .................................................... 102
6. Zoning Districts ........................................................................ 126
6.1. Establishing Zones for Land-Uses ................................................................ 126
6.2. Allowable Uses: Permitted and Conditional ................................................ 127
6.3. Bulk Regulations .......................................................................................... 127
6.4. Planned Development Overlay Districts ...................................................... 127
6.5. Land-Use Table ........................................................................................... 129
6.6. Agriculture General - AG ............................................................................ 139
6.7. Agriculture Limited - AL .............................................................................. 140
6.8. Open Space - OS ........................................................................................ 140
6.9. Institutional - IN .......................................................................................... 141
6.10. Seasonal Recreation General - SRG ............................................................ 142
6.11. Seasonal Recreation Commercial - SRC ...................................................... 144
6.12. Residential First Density - R1 ...................................................................... 145
6.13. Residential Second Density - R2 ................................................................. 147
6.14. Residential Mobile Home - RMH ................................................................ 149
6.15. Commercial Main Street - CM .................................................................... 150
6.16. Commercial Highway - CH.......................................................................... 151
6.17. Industrial General - M ................................................................................. 152
Schedule B: ..................................................................................... 155
Map 1 - Municipality of Deloraine-Winchester
Map 2 - Deloraine
Map 3 - Turtle Mountain Tourism Area
List of Tables
2.14.1.
Table 1: Minimum Separation Distances for Oil and Gas Extraction ............. 13
2.24.1.
Table 2: Permitted Projections into Required Setbacks ................................ 22
2.38.1.
Table 3: Maximum Density Of Bee Colonies................................................. 47
2.39.2.
Table 4: Animal Units by Hobby Farm Animal Type ...................................... 48
2.39.7.
Table 5: Animal Units by Category of Livestock ............................................ 51
2.39.9.
Table 6: Minimum Separation Distances for Siting Livestock Operations ..... 53
3.1.1.
Table 7: Required Parking Stalls .................................................................... 55
3.3.1.
Table 8: Parking Stall Widths and Lengths; and Aisle Specifications ............ 59
3.3.3.
Table 9: Accessible Parking Stall Requirements ............................................ 62
3.12.1.
Table 10: Loading Space Requirements ........................................................ 71
3.14.1.
Table 11: Required Drive-Through Queuing Spaces ..................................... 73
3.15.4.
Table 12: District Specific Sign Regulations .................................................. 80
6.1.1.
Table 13: Zoning Districts............................................................................ 126
6.5.2.
Table 14: Land-Uses - Permitted, Conditional and Accessory..................... 130
6.6.3.
Table 15: "AG" Bulk Standards ................................................................... 139
6.7.3.
Table 16: "AL" Bulk Standards .................................................................... 140
6.8.3.
Table 17: "OS" Bulk Standards .................................................................. 141
6.9.3.
Table 18: "IN" Bulk Standards .................................................................... 142
6.10.3.
Table 19: SRG Bulk Standards ..................................................................... 143
6.11.3.
Table 20: SRC Bulk Standards ..................................................................... 144
6.12.3.
Table 21: "R1" Bulk Standards .................................................................... 145
6.13.3.
Table 22: "R2" Bulk Standards .................................................................... 147
6.14.3.
Table 23: RMH Bulk Standards .................................................................... 149
6.15.3.
Table 24: "CM" Land Use ........................................................................... 150
6.16.3.
Table 25: "CH" Bulk Standards ................................................................... 151
6.17.3.
Table 26: "M" Bulk Standards ..................................................................... 152
List of Figures
Figure 1: Determined Front Yard Setbacks for Infill Dwellings ................................................. 16
Figure 2: Corner Lot Sight Triangles ......................................................................................... 17
Figure 3: Corner Lot Sight Triangles ......................................................................................... 18
Figure 4: Flag Lot Setbacks ...................................................................................................... 19
Figure 5: Example Projections into Required Yards (Permitted and Not Permitted). ............... 25
Figure 6: Typical Deck Elevation Plan ....................................................................................... 43
Figure 7: Parking Stall and Aisle Way Dimensions, Angled ...................................................... 59
Figure 8: Parking Stall and Aisle Way Dimensions, Parallel ...................................................... 60
Figure 9: Parking Stall and Aisle Way Dimensions, 90o ............................................................ 60
Figure 10: Accessible Parking Stall and Walk Aisleway Dimensions ......................................... 62
Figure 11: Splitting Semi-Detached Dwellings On To Separate Lots ....................................... 92
Figure 12: Splitting Multiple Attached Dwellings On To Separate Lots ................................... 93
Figure 13: Bungalow Cluster .................................................................................................... 94
Figure 14: Bungalow Court, Parking ......................................................................................... 96
Figure 15: Bungalow Court, Loop Lane .................................................................................... 96
1.0 Scope and Applicability
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Municipality of Deloraine-Winchester By-law 2022-04
1. Scope and Applicability
1.1. Title
This by-law shall be known as the Municipality of Deloraine-Winchester Zoning By-law and
may be cited by its long title (Municipality of Deloraine-Winchester Zoning By-law), its short title
("Zoning By-law" or "ZBL"), or its by-law number "By-law No. 22-004", and any such citation is
to be taken as meaning this by-law as amended.
1.2. Effective Date
This by-law comes into force on the fifteenth day (15th) of September 2022.
1.3. Scope
1.3.1. This By-law shall apply to all the lands in the Municipality of Deloraine-Winchester as
indicated on Map 1 of Schedule B of this By-law.
1.3.2. This By-law does not apply within public roads, public lanes, public paths or pathways,
or public walks opened as legal rights-of-ways within a zoning district.
1.3.3. This By-law does not apply to the construction, maintenance, or operation of public
service works within a public utility right-of-way.
1.3.4. This By-law does not apply to lands and resources that fall under the purview of the
Crown; Provincial Parks designated by the Legislative Assembly of Manitoba; Manitoba
Hydro works as defined under The Manitoba Hydro Act; National Parks designated by
Parliament; Railway activities and railway lands operated by a railway company under
the legislative authority of Parliament; Pipelines as defined in the Federal Legislation;
First Nations' reserve lands as designated by Parliament; Radiocommunication and
Broadcasting Antenna Systems as regulated under Federal Legislation.
1.4. Application
1.4.1. This by-law implements the planning policies of the Southwest Forward Together
Development Plan By-law 01-2021 (Development Plan).
1.4.2. This by-law regulates:
a.
All uses of buildings, structures, and lands.
b.
The construction, erection, or placement of buildings, structures, or mobile
or modular homes.
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Municipality of Deloraine-Winchester By-law 2022-04
c.
The enlargement, alteration, relocation, or conversion of buildings or
structures.
d.
The establishment, change, extension, and enlargement of uses of lands,
buildings, or structures.
1.5. Compliance
USE AND DEVELOPMENT OF LAND AND BUILDINGS MUST COMPLY
1.5.1. No land, building, or structure shall be used or occupied, and no building or structure
shall be used, occupied, constructed, erected, altered, enlarged, relocated, removed,
demolished, or placed except in accordance with this Zoning By-law.
1.5.2. No development or use of land or a building may take place or be maintained except
in conformity with this By-law and with any development agreement, variance,
conditional use approval, condition or permit issued under this By-law.
1.5.3. The duty to comply with this By-law is imposed on the owner of a parcel or a building
and on any person who has charge or control of the parcel or building, whether as
lessee, tenant, occupier, agent or otherwise.
1.5.4. The approval of a development application, the issuance of a development permit, the
approval of drawings and specifications, or completion of inspections does not relieve
a person from the responsibility to comply with this By-law or any other by-law.
1.5.5. Buildings, structures, and uses which were lawfully in existence before this by-law, or
before an amendment to it came into effect, may continue to exist in accordance with
the provisions of The Planning Act.
RESTRICTIONS IN OTHER BY-LAWS OR FEDERAL AND PROVINCIAL LAWS
1.5.6. Whenever a provision of another by-law, or an agreement with the Municipality or a
law or regulation of the Provincial or Federal Governments, contains a restriction
governing the same subject matter contained in this Zoning By-law, or imposes
contradictory regulations with respect to uses, buildings, or structures, the most
restrictive or highest standard shall prevail.
1.5.7. Nothing in this Zoning By-law shall exempt any person from complying with the
requirements or from obtaining any license, permission, permit, authority, or approval
required by this by-law or any other by-law of the municipality or any law of Canada or
the Province of Manitoba. Where requirements in this by-law are in conflict with those
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Municipality of Deloraine-Winchester By-law 2022-04
of other municipal, provincial, or federal requirements, the more stringent regulations
shall prevail.
1.5.8. A declaration by a court of competent jurisdiction that a section, clause or provision of
this Zoning By-law, including anything shown on the Zoning Map is invalid, shall not
affect the validity of the By-law or any part of the By-law other than the section, clause,
or provision, or part of the Zoning Map declared to be invalid.
1.6. Transition From Previous By-law
1.6.1. Zoning By-Law Transitions
(1)
Development permits for buildings or structures that were in compliance with the
previous Zoning By-law prior to the effective date of this By-law shall be
permitted if acted upon within 12 months of issuance.
(2)
The adoption of this by-law shall not prevent any actions to abate, nor pending or
future prosecution of, violations under the former zoning by-law, provided said
violations are also violations of this By-law.
(3)
A Variance Order or Conditional Use Order issued more than two years and one
day prior to the effective date of this By-law is hereby repealed unless the order
contains one or more conditions that remain in effect.
(4)
Any use of land or a building lawfully in existence under applicable laws, plus a
Variance or Conditional Use Order or both, upon enactment of this By-law and
repeal of that order or orders shall be deemed to comply with this By-law to the
extent and for the period of time authorized by such order(s).
(5)
Any use lawfully in existence prior to this By-law, which did not require a
Conditional Use Order prior to this By-law, but that would require a Conditional
Use Order to comply with this By-law, shall be deemed to have a Conditional Use
Order sufficient to create compliance with this By-law provided that no addition,
enlargement or expansion is approved as a Conditional Use under this By-law.
(6)
A development for which final approval was granted prior to the effective date of
this By-law may be completed in accordance with the provisions of the Zoning By-
law under which it was approved, or the approved plan, subdivision documents,
and any other approved order, permits and conditions.
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Municipality of Deloraine-Winchester By-law 2022-04
2. Zoning Regulations:
Effecting Site Areas and Governing Land-Uses
2.1. Access and Frontage
2.1.1. Public Right-Of-Way
(1)
Uses allowed under this By-Law shall only be established, erected or constructed
on lands that have frontage on, and unobstructed, safe and convenient access to:
a.
Registered Road - a registered road allowance is a public road that is
developed as an all-weather road and is maintained year round.
b.
Proposed Road - a proposed road allowance is an unimproved public road
that is to be registered or is already registered, which will be developed as
an all-weather road and maintained year round, for which a road
development agreement has been entered into with the Municipality for the
construction of the proposed road.
c.
Condominium Plan - where the units created through a bare land
condominium plan have a common element, as defined in The
Condominium Act (Manitoba), as the private access route connected to
either (a) or (b) above.
2.1.2. Land Locked Parcels Permitted
(1)
Notwithstanding access and frontage requirements listed herein, developments
may be allowed on lands without direct access or frontage:
a.
Where the land has access onto a public road being provided by way of a
caveat or master or declaratory easement registered and maintained in
perpetuity on title in favour of the subject land with the owners of other
lands so as to ensure cross-access at all times by motor vehicles.
b.
Where the land is deprived of frontage on a public road as a result of land
acquisition or expropriation by an authority having the power of
expropriation or acquisition, or authorization pursuant to Provincial
Legislation, subject to access onto a registered road being provided by way
of an existing private right-of-way registered on title in favour of the subject
lot.
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Municipality of Deloraine-Winchester By-law 2022-04
c.
Where the land abuts lands held by the Municipality or the Province for
future road-widening or public reserve purposes, subject to access onto a
registered road being provided by way of an existing private right-of-way
registered on title in favour of the subject lot, and subject to compliance with
other applicable requirements of this Zoning By-law as if said future road
allowance was already in existence.
d.
Where the land is to accommodate advanced exploration projects as defined
in the Mines and Minerals Act.
e.
Where the land is intended to be held by the Municipality or the Province for
future road-widening, future road allowance, existing heritage resource use,
as a development control strip or for public reserve purposes.
f.
Where the land abuts a navigable waterway, or is adjacent to a water body
only being separated by land held by the Municipality, the Province or is a
road allowance.
g.
Where the land is a Development Control Strip.
h.
Where the land and its resources fall under the purview of the Crown.
2.1.3. Seasonal Public Roads
(1)
Notwithstanding access and frontage requirements listed herein, developments
that are cottages, or land-uses intended to be used seasonally or on a part-time
basis may be allowed where the land abuts or is traversed by a seasonally
maintained public road; however, owners of said lands should not expect the
same level of municipal services as owners of lands with frontage and access to a
registered road allowance that is developed as an all-weather road and is
maintained year round.
2.1.4. Future Public Roads
(1)
No building or structure shall be erected upon any proposed road allowance
that is to be registered and developed under a Development Agreement. Any
development adjacent to a proposed road allowance shall comply with the
requirements of this By-law as if the future public road was already physically in
existence.
2.1.5. Access to Provincial Highways
(1)
All development proposed adjacent to Provincial Trunk Highways and Provincial
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Municipality of Deloraine-Winchester By-law 2022-04
Roads shall comply with the regulations and controls stipulated in Provincial
Legislation and other policies established by the Province of Manitoba, and set
out in the Southwest Forward Together Development Plan.
2.2. Water and Wastewater Infrastructure Connections
(1)
All principal buildings, and all dwelling units constructed or erected on land
served by municipal drinking water systems, or wastewater management systems,
shall be connected to such systems; or shall be required to construct a new
private well or private drinking water system based on Provincial Legislation.
(2)
Drinking water systems or wastewater management system connections shall be
made within the time limit specified in a Development Agreement or a by-law.
(3)
Where municipal drinking water systems, or wastewater management systems are
not available, or cannot be extended in a fiscally sound manner as determined by
the Development Officer, private services may be permitted.
2.3. Moving and Demolition Structures
(1)
No person shall move any structure or part thereof off his/her property to any
other location unless that structure or part is made to conform to the provisions of
this By-law applicable to the zone to which it is to be moved.
(2)
Before moving a building or portion to a new off-site location, the owner shall
obtain a development permit and if required by the Development Officer enter
into an agreement with the Municipality containing an undertaking of the owner
to pay all damages arising out of the move and such other terms and conditions
as a Development Officer deems necessary.
(3)
Upon completion of the removal of a building from a site, the old foundation shall
be removed, any excavation shall be filled, the ground shall be leveled and the
site shall be put in a safe condition to the satisfaction of the Development Officer.
2.4. Excavation, Stripping, and Grading
(1)
For the purpose of this Section, excavation shall mean excavation other than for
construction or building purposes, including but not limited to, sand and gravel
mining, top soil stripping, and construction of artificial water bodies.
(2)
The removal of topsoil, or other organic surface material on lands designated for
agricultural use shall not be permitted unless approval has been granted by the
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Municipality of Deloraine-Winchester By-law 2022-04
Development Officer. This is not intended to restrict excavation for the purposes
of water control works, road construction, building sites or similar work, or gaining
access to aggregate and other quarry minerals.
(3)
A person wishing to excavate, strip or grade land in any zone shall provide the
following details in a development application:
a.
The location and area of the site on which the excavation, stripping or
grading is to take place;
b.
The existing land use and vegetation;
c.
The type and dimensions of the excavation to be made, and the effect on
existing drainage patterns; and
d.
The condition in which the excavation is to be left when the operations is
complete, or the final disposition to be made of the area from which the
topsoil is to be removed, including the action which is to be taken for
restoring the condition of the surface of the land to be affected, and for
preventing, controlling or lessening the creation of erosion or dust.
(4)
The Development Officer shall consider every application for a permit to excavate
land, and shall not issue a permit unless he or she is satisfied that:
a.
The operation will be carried out so as to create a minimum of dust and
environmental disturbance;
b.
The operation will not affect the integrity of water control features, such as a
drainage ditch; and
c.
The operations are one which, in the opinion of the Development Officer, is
reasonably necessary for the use and development of the land in question.
2.5. Lands Subject to Flooding
(1)
No building or structure shall be erected upon lands subject to flooding, which
means lands that:
a.
Is inundated by floods up to and including the 200 year flood, or the flood
of record, whichever is greater;
b.
Has a known history of flooding; or
c.
Experiences flooding during a flood event of a magnitude specified by the
Province in areas protected by flood control works.
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Municipality of Deloraine-Winchester By-law 2022-04
2.6. Lands Subject to Erosion or Bank Instability
(1)
No building or structure shall be erected upon lands subject to erosion or bank
instability, which means lands that:
a.
Within a 50 year period, the lands would be eroded or become unstable due
to the action of water contained in an adjacent water body; or
b.
Lands where actual effects of such hazards have occurred, are occurring, or
have been predicted by engineers to occur.
2.7. Setbacks along Water Bodies
Notwithstanding other sections of this by-law, the following provisions shall apply:
2.7.1. Principal Buildings and Structures along Water Bodies
(1)
In areas where the specific flood, erosion and bank instability hazards have not
been determined, new principal buildings and structures shall be set back from all
water bodies at a distance an engineering investigation shows that these limits
should be established, and at the discretion of the local planning authority, and/or
the applicable provincial authority.
(2)
The setbacks limiting development adjacent to water bodies established above
may be reduced subject to geotechnical, engineering or environmental
assessment by a professional engineer, and at the discretion of the local planning
authority, and/or the applicable provincial authority.
(3)
Where a lot is separated from a navigable waterway by land owned by the
Municipality or the Province, the lot shall be considered for the purpose of
permitted land uses and required setbacks in this Zoning By-law as if it abuts the
navigable waterway.
2.7.2. Accessory Buildings and Structures along Water Bodies
(1)
The lot line abutting the navigable waterway shall be the rear lot line.
(2)
Accessory buildings and structures shall be limited to boat house, boat port,
sauna, gazebo, picnic shelter, pavilion, storage building, pump house, dock,
shoreline deck when erected between a principal building and a navigable
waterway, including for commercial and industrial uses. The following provisions
shall apply:
(3)
No minimum yard setbacks are required on the lot line that abuts a navigable
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Municipality of Deloraine-Winchester By-law 2022-04
waterway when the accessory use is a minimum of 20 feet from the principal
structure, except one side yard setback of 15 feet is required and one side yard
of 5 feet for the accessory building.
(4)
Only one of a boat house or boat port is permitted per lot, which shall not exceed
900 square feet in area, measured independently of any other accessory
building, use, or structure permitted in this section.
(5)
Roofs of a flat roofed single-storey boat house may be used as a completely open
sundeck with a perimeter protective guard.
(6)
A second storey on a boat house may be used as Sleep Cabin or an Accessory
Dwelling Unit.
(7)
Site Plan Approval shall be required by the Development Officer prior to the
issuance of any building or development permits, for the on-site locations and
designs of all parking areas, private approaches, garbage areas, and fencing, all
of which shall be maintained to the satisfaction of the Development Officer.
(8)
Notwithstanding other sections of this By-law, detached accessory buildings and
structures may be located in the rear yard along a road where a lot has frontage
on a navigable waterway. The following provisions shall apply:
a.
A minimum side and rear yard setback of 4 feet is required for the accessory
buildings.
b.
The accessory buildings shall not have a building length, when measured
along a rear lot line along a road, that is greater than 40 percent of the lot
width.
c.
Site Plan Approval shall be required by the Development Officer prior to the
issuance of any building or development permits, for the on-site locations
and designs of all parking areas, private approaches, garbage areas, and
fencing, all of which shall be maintained to the satisfaction of the
Development Officer.
(9)
Notwithstanding other sections of this Zoning By-law, garbage and recycling
enclosures may be located in the rear yard where a lot has frontage on a
navigable waterway. The following provisions shall apply:
a.
Plans showing the location and the exterior design of the garbage
enclosures, and vehicular approaches shall be submitted, reviewed and
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approved by the Development Officer prior to the issuance of any permits.
2.8. Standards for Cottages
(1)
A cottage development must meet the following standards:
a.
The minimum size of a cottage shall be 480 square feet.
b.
Recreational vehicle (RV), mobile homes, travel trailers or other moveable
equipment used for an accommodation shall not occupy or be parked in lieu
of cottage structure on sites designated for a cottage unless approved as a
Conditional Use. All cottages must be permanent, fixed, non-portable
structures.
c.
Site Plan Approval shall be required by the Development Officer, prior to the
issuance of any building or development permits, for the on-site locations
and designs of all parking areas, private approaches, garbage areas, and
fencing, all of which shall be maintained to the satisfaction of the
Development Officer.
2.9. Standards for Campgrounds or RV Parks
(1)
A campground or recreational vehicle (RV) park must meet the following
standards:
a.
More than one camp space or recreational vehicle (RV) may be permitted on
a zoning site in a campground RV park.
b.
A campground or RV park must provide a roadway with an all-weather
surface that serves all dwellings with a driving surface a minimum of 20 feet
wide.
c.
A campground or RV park must provide storage of refuse in a secured
garbage enclosure at a location not more than 500 feet from camping
spaces.
d.
A campground or RV park must provide clear numbered identification of
each camping space.
a.
A campground or RV park must provide a centrally located recreation area
equivalent to a minimum area of 215 square feet per camping space.
(2)
Recreational vehicle (RV), travel trailers or other moveable equipment used for
an accommodation shall not occupy or be parked in lieu of cottage structure on
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sites designated for a cottage unless a temporary use permit has been issued.
2.10. Setbacks from Provincial Trunk Highways and Roads
(1)
Any structure/construction proposed above, below or at ground level, or a
proposal to change or intensify the use of an existing structure, within 125 feet
from the edge of the right-of-way of provincial trunk highways or provincial roads,
or within the control circles of a Provincial Road Intersections; and any tree,
shrub, or hedge within 50 feet, requires a permit from the Provincial Government.
(2)
Energy Generating System shall be setback 1.5 times of the total height of the
structure from the provincial highway right-of-way.
2.11. Setbacks from Public Services
Notwithstanding other sections of this by-law, the following provisions shall apply:
2.11.1. Drinking Water Systems And Wastewater Infrastructure
(1)
No new residential developments shall be located within 1,500 feet of the
boundary line of a public waste water treatment lagoon.
(2)
No new industrial developments shall be located within 200 feet of a Water
Treatment Plant building as measured from the building face.
(3)
No new developments shall be located within 2,650 feet of the boundary line
with the wells or a reservoir that provides the raw water to a Water Treatment
Plant for a public drinking water system.
2.11.2. Waste Disposal Grounds
(1)
No building shall be constructed within 1,320 feet of the property line of any
active or abandoned landfill as measured from the wall of the building unless:
a.
a Certified Professional Engineer of Manitoba determines that there will be
no migration of methane gas; and
b.
Approval has been obtained from the Provincial Government.
2.12. Setbacks from Railways
Notwithstanding other sections of this by-law, the following provisions shall apply:
(1)
A habitable space in new residential structures shall be setback from the property
line of railway operations, as measured from the habitable space in the structure, as
follows:
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a.
Freight Rail Yard: 984 ft.
b.
Main Line: 98 ft.
c.
Branch Line: 49 ft.
d.
Spur Line: 49 ft.
(2)
Notwithstanding the above, non-habitable spaces within principal structures, non-
habitable principal structures, and non-habitable spaces in detached accessory
structures and uses, as well as agricultural operations may be allowed if the
underlying zoning standards for setbacks provide for such.
2.13. Setbacks from Airports
Transport Canada - TP 1247- Land Use in the Vicinity of Aerodromes indicates that
potentially highly incompatible land-uses with airports are Putrescible waste landfills, food
waste hog farms, fish processing/packing plants, Horse racetracks, Wildlife refuges, and
Waterfowl feeding stations.
Notwithstanding other sections of this Zoning By-law, the following provisions shall apply:
(1)
The following land-uses are not permitted within 3,280 feet of the Deloraine
Airport [TC LID: CJJ4] as measured from the edge of the runway:
a.
Food waste hog farms;
b.
Fish processing/packing plants;
c.
Horse racetracks;
d.
Wildlife refuges; or
e.
Waterfowl feeding stations.
(2)
Province of Manitoba Standards For Landfills In Manitoba (2016) indicates the
setback requirements for waste disposal grounds to the airport shall be 9 miles
(47,520 feet).
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Note: The distances in this table are expressed in metres.
Source: Schedule C, Drilling and Production Regulation 111/94, THE OIL AND GAS ACT (C.C.S.M. c. O34).
2.14. Setbacks from Oil and Gas Extraction
Notwithstanding other sections of this By-law, the following provisions shall apply:
(1)
Meet the separation distances as stipulated in the criteria outlined in metres in
Table 1: Minimum Separation Distances for Oil and Gas Extraction.
2.14.1. Table 1: Minimum Separation Distances for Oil and Gas Extraction
To:
From:
i.Well
ii.Flame Type Equipment
iii.Internal
Combustion
Engine
iv.Flare Pit & Flare Stack
v.Oil Storage Tank
vi.Surface Improvement
Except Well Flow Line
or Road Allowance
vii.Water Covered Area
viii.Road Allowance
Air Shut Off
No Air Shut
Off
(a) Well
16
82
16
32
82
82
246
328
147
(b) BOP Manifold
9.8
---
---
---
49
---
---
---
147
(c) BOP Control
Room
49
---
---
---
49
---
---
---
147
(d) Flame Type
Equipment
82
---
---
---
82
82
---
---
147
(e) Drilling Fluid Pit
or Tank
16
82
---
---
32
---
246
328
147
(f) Flare Pit and
Flare Stack
82
82
16
32
---
---
328
328
147
(g) Emergency
Storage Pit
82
82
---
---
82
---
246
328
147
(h) Service or Test
Tank
82
82
16
32
82
---
246
328
147
(i) Oil Storage
Tank
82
82
16
32
82
---
246
328
147
(j) Vented Salt
Water Tank
32
16
16
16
82
---
246
328
147
(k) Process Vessel
82
---
---
---
82
82
246
328
147
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2.15. Setbacks from Pipelines, Transportation, and Transmission Lines
Notwithstanding other sections of this by-law, the following provisions shall apply:
(1)
The habitable space in new residential structures shall be setback, as measured
from the habitable space in the structure, a minimum 50 feet from the property
line of a right-of-way or corridor established for pipeline transportation or
transmission lines in excess of 115 kilovolts.
(2)
Notwithstanding the underlying zoning, secondary uses independent from the
utility infrastructure, such as active and passive recreation, agriculture operations,
community gardens, other utilities and uses such as parking lots and outdoor
storage are allowed on transmission corridor lands, where compatible with
surrounding land uses. However, a proponent should be aware of the primacy of
the transmission and distribution facilities and that such secondary uses require
technical approval from the transmission provider.
2.16. Setbacks Reduced by Subdivision
(1)
Where an existing building or structure's setback is reduced or proposed to be
reduced by a subdivision of land, and the proposed new setback for the building
contravenes the required setback regulations of this By-law, a variance shall be
required.
(2)
Where an existing building or structure's setback is reduced or proposed to be
reduced by a subdivision of land, any new structures constructed on the lots shall
be subject to all the zoning by-law regulations regarding setbacks.
2.17. Setbacks for Condominium, Consolidated Lot Developments, and
Planned Unit Developments (PUD)
(1)
Where two or more abutting lots owned by the same entity are consolidated for
the purpose of development, the internal lot lines of the original lots shall not be
construed to be lot lines for the purposes of any zoning regulations, provided that
development on the consolidated lots complies with all applicable regulations of
this By-law.
(2)
Where a comprehensive plan of condominium has received draft plan approval,
the lands to which the draft approved plan of condominium is to be located shall
be deemed to be one lot for the purposes of applying the provisions of the By-
law. Zoning provisions for building setbacks to the lot lines shall apply only to the
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external lot lines of the overall plan of condominium, not to internal lot lines
resulting from the registration of any phase of a plan of condominium.
(3)
Where a comprehensive Planned Unit Development [PUD] has received draft plan
approval, the lands shall be deemed to be one lot for the purposes of applying
the provisions of the By-law. Zoning provisions for building setbacks to the lot
lines shall apply only to the external lot lines of the overall PUD, not to internal
lines resulting from the registration of any phase of a PUD.
2.18. Setbacks for Infill Dwellings
Notwithstanding other sections of this By-law, the following provisions shall apply:
(1)
Where any new dwelling as a principal building or addition to any type of
dwelling in a principal building is proposed within a street block where at least 80
percent of the lots have been developed with dwelling units in principal
structures, and the front yard setback required by the regulations for the
underlying zoning district is inconsistent with the majority of existing front yard
setbacks for the developed dwellings on the street block:
a.
In the case of interior lots, the new structure shall be developed with a front
yard consistent with the average of the existing front yards facing the same
public road and within the same side of the block the new dwelling is being
erected.
b.
In the case of a corner lot, the average of the front yard setback for the two
nearest lots on each side of the reverse corner lot; or for corner lots all the
lots facing the same public road on the same block may be used for
calculating the allowed setback.
c.
In the case of a key lot, the average of the yard setbacks of the two nearest
properties on each side of the key lot.
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Figure 1: Determined Front Yard Setbacks for Infill Dwellings
2.19. Setbacks for Corner Lots
Notwithstanding other sections of this By-law, the following provisions shall apply:
(1)
In the case of a corner lot, the shorter lot line abutting a public road shall be the
front lot line:
a.
Where the lot lines abutting a public road have the same length, the lot line
where the principal access to the lot is provided shall be deemed to be the
front lot line.
(2)
Notwithstanding Clause (1) above, the Development Officer may require any
corner lot to provide an additional Front Yard or Yards other than that required,
having regard to the orientation and access of any development, and the Front
Yard requirements of adjacent properties.
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2.19.1. Setbacks for Reverse Corner Lots
(1)
The front yard setback of the key lot shall denote the exterior side yard setback of
the reverse corner lot for a distance of 20 feet from the edge of the common
property line. After 20 feet, the setback will revert to the rear yard setback.
2.20. Setbacks for Through Lots
(1)
Notwithstanding any other provisions in this Zoning By-law, for any through lot
that is not also a corner lot, the minimum required front yard setback applies on
each public road in accordance with the provisions of the zone in which the lot is
located and the minimum required rear yard setback does not apply.
(2)
Where a through lot is also a corner lot:
a.
The shorter lot line abutting a public road shall be the front lot line; and
b.
Where the lot lines abutting a public road have the same length, the lot line
c.
where the principal access to the lot is provided shall be deemed to be the
Figure 2: Corner Lot Sight Triangles
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d.
front lot line, and the exterior side yard setback, rear yard setback and the
sight triangle provisions apply.
2.21. Setbacks Corner Lot Sight Triangle Area
Notwithstanding other sections of this Zoning By-law, the following provisions shall apply to all
zones, excluding the CM zone:
(1)
On any corner lot, no building or structure shall be erected, and no fence, hedge,
shrub, bush, tree or other plant shall be permitted to a height greater than 3 ft
above the grade of the roadways that abut the lot, within a triangular area formed
by the part of the lot lines measured along each property line from the
intersection of those lines at the corner of the property closest to the public road
corner and a line joining points on the property lines at a distance of 20 ft from
the point of intersection.
Figure 3: Corner Lot Sight Triangles
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2.22. Setbacks for Flag Lots
Notwithstanding other sections of this by-law, the front yard setback for the flag portion of the
lot shall be measured from a 20 foot access corridor of the pole portion of the lot where the
access corridor is not included in the distance measurement.
Figure 4: Flag Lot Setbacks
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2.23. Setbacks for Commercial or Industrial near Residential Land-Uses
The following shall not apply to residential land-uses in industrial or commercial zones, and shall
not apply to the Main Streets Area:
(1)
Notwithstanding any other provisions of this By-law, where a lot in any
Commercial Zone or Industrial Zone shares a common property line abutting a
residential land-use, the following provisions shall apply:
a.
A setback of 20 feet must be provided along the common lot line in the
commercial zoning district.
b.
A setback of 30 feet must be provided along the common lot line in the
industrial zoning district.
c.
If the adjoining residential land-use front yard setback requirement is greater
than the underlying commercial or industrial zoning district front yard setback,
the minimum front yard setback shall be the same as the front yard requirement
for the adjoining residential land-use, for a minimum distance of 50 feet from
the common property line.
d.
The required yard setbacks must be landscaped and must not be used for
parking areas or loading areas, outside storage, garbage enclosures, or
commercial or industrial activities of any kind.
e.
Notwithstanding the above, an enclosed portion of a principal building on
lands zoned commercial or industrial may extend to the common property
lines if the underlying zoning standards for setbacks provide for such.
(2)
Notwithstanding any other provisions of this By-law, where a lot in any
Commercial Zone or Industrial Zone is adjacent to a residential land-use,
separated only by a public right-of-way, the following provisions shall apply:
a.
A setback of 5 feet must be provided along the property line in the
commercial zoning district that is adjacent to the residential land use.
b.
The setback must be landscaped and must not be used for parking areas or
loading areas, outside storage, garbage enclosures, or commercial or
industrial activities of any kind.
c.
Notwithstanding the above, an enclosed portion of a principal structure on
lands zoned commercial or industrial may extend to the property line, if the
underlying zoning standards for setbacks provide for such.
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2.24. Permitted Projections into Setbacks
(1)
This section does apply to:
a.
The projection of any listed feature into the minimum required building
setback from Water Bodies, Public Services, Railways, Pipelines,
Transportation and Transmission Lines; and Accessory buildings.
(2)
This section does not apply to:
a.
Setbacks for Commercial and Industrial near Residential Land-Uses;
b.
Setbacks from Provincial Trunk Highways and Roads; and
c.
Setbacks for Corner Lot Sight Triangle Area.
(3)
Should the projection exceed the size allowed for that type of projection, the
projection is then considered to be the principal building when attached to the
principal building; and the dimensional standards of detached accessory
structures apply when the projection is detached from the principal building, as
such, variances are required to alleviate compliance with the setback regulations.
(4)
Permitted Projections. Despite any other provision to the contrary, the following
features are permitted to project into a required setback in accordance with Table
2: Permitted Projections into Required Setbacks.
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2.24.1. Table 2: Permitted Projections into Required Setbacks
Feature
Projections Permitted
i.Front Yard
ii.Side Yard
iii.Rear Yard
a) Alcoves, bay, oriel
windows, vestibules,
and similar additions
creating livable floor
area, limited to one
storey
5 feet
4 feet, but no
closer than 1 foot
to property line.
5 feet
b) Air conditioning units,
Pool filters, pumps
and heaters
NOT
PERMITTED
PERMITTED only
in interior side
yards and a
minimum 10 feet
measured laterally
from operable
window of a
habitable room on
an adjoining lot.
PERMITTED, and
a minimum 10 feet
measured laterally
from operable
window of a
habitable room on
an adjoining
lot.
c) Balconies
5 feet
5 feet but no
closer than 1
foot to
property line.
5 feet
d) Open arbours, trellises,
landscape architectural
features, flag poles,
lighting fixtures and
lamp posts
PERMITTED, but no closer than 1 foot to property lines.
e) Basketball hoops
NOT PERMITTED
PERMITTED
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Feature
Projections Permitted
i.Front Yard
ii.Side Yard
iii.Rear Yard
f) Clotheslines, clothesline
poles
NOT
PERMITTED
PERMITTED
g) Cantilevers
No more than 3 feet projection and no more than 10 feet
along a building wall.
h) Chimneys/chases, and
fireplaces
No more than 3 feet projection provided that any
projection is not closer than 1 foot from the side or rear
site line.
i) Fences and Hedges
PERMITTED
j) Eaves and eaves trough
2 feet [1 foot for an eave and 1 foot for an eavestrough].
k) Exterior wall finishes
including brick and
stone facing
1 foot
l) Garbage Enclosures
(Commercial and Multi-
Dwelling Land-uses)
NOT PERMITTED
PERMITTED when
less than 5 feet in
height.
PERMITTED when
adjacent to a lane
and less than 5
feet in height.
m) Ornamental structures:
Veranda, porches, sills,
belt courses, portico,
shade projections,
awnings, canopies,
cornices, pilasters or
similar incidental building
architectural features.
3 feet but no closer than 1 foot to side lot line.
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Feature
Projections Permitted
i.Front Yard
ii.Side Yard
iii.Rear Yard
n) Parking Spaces, Parking
Aisleways, Queuing
spaces.
NOT
PERMITTED
except in
Commercial
Highway zone.
NOT
PERMITTED
except in
Residential zones.
PERMITTED
o) Open Patios and Decks
PERMITTED, when height is 2 feet or less.
p) Pools And Hot Tubs
NOT
PERMITTED
No closer than 5 feet to side or rear lot
line.
q) Roofs over exterior
entrances (may not be
enclosed except by
railing)
5 feet but no closer than 1 foot from side lot line.
r) Unclosed walks,
wheelchair landings and
ramps.
PERMITTED
s) Unenclosed stoops,
porches, landings, steps,
landings, and fire
escapes
Maximum
depth = 5
feet unless
maximum
height equal
to or less
than 2 feet.
No closer
than
2 feet to side
lot line if
height exceeds
2 feet.
PERMITTED if 2
feet
in height or less.
PERMITTED if 2
feet in height or
less.
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Feature
Projections Permitted
i.Front Yard
ii.Side Yard
iii.Rear Yard
t) Energy Generating
System
NOT PERMITTED
NOT
PERMITTED,
and 15 feet from
the exterior side
lot line of corner
lot.
PERMITTED
Figure 5: Example Projections into Required Yards (Permitted and Not Permitted).
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2.25. Permitted in Front and Rear but Not Side Yards
(1)
Any building or structure, or projection that is permitted in a front or rear yard setback;
or where the front or rear yard setback has no requirement in the underlying zoning
district regulations, the building or structure, or projection shall still adhere to any
applicable side yard setback requirements.
2.26. Permitted Projections Above the Height Limit
(1)
The maximum height limits do not apply to the structures listed below, or to any
other similar structures that may require a height in excess of maximum height
limits in order to serve their intended purpose, unless otherwise specified in this
By-law and provided these structures are erected only to such height or area as is
necessary to accomplish the purpose they are to serve:
a.
Barn, silo, or other accessory buildings or structures associated with an
agricultural operation;
b.
Chimney, smokestack or flues;
c.
Clock tower, church spire, steeple or belfry;
d.
Construction equipment during the construction process;
e.
Mechanical and service equipment or penthouse, elevator or stairway
penthouses not exceeding 10 feet above the roof deck;
f.
Flag pole with a flag of a country or government;
g.
Grain elevators, terminals, feed mills, seed plants;
h.
Hydro and other utility transmission and distribution towers, Utility poles and
high voltage transmission lines;
i.
Landscaped areas, roof-top gardens and terraces and associated safety
guards and access structures;
j.
Ornamental dome, skylight, cupola, gables or parapet not exceeding 5 feet
above the roof deck;
k.
Television, radio or telecommunication antenna, excluding a satellite dish or
tower antenna accessory to a permitted use in a residential zone;
l.
Water tower;
m.
Energy Generation Systems on the roof shall be no more than 15 feet
above the rooftop.
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2.27. Temporary Buildings, Structures, and Uses
(1)
Temporary buildings, structures or uses may be permitted in all zones on a non-
permanent basis for up to 12 months subject to the issuance of a development
permit under the following conditions:
a.
A development permit for a temporary building, structure or use shall be
subject to such terms and conditions as required by Council.
b.
Each development permit issued for a temporary building, structure or use
shall be valid for a period of not more than 12 months and may not be
renewed for more than two successive periods at the same location.
(2)
The following temporary buildings, structures or uses shall be permitted in all
Zones when the use specific standards are met:
a.
Temporary buildings, structures, and uses are permitted on a site in
connection with the construction or maintenance of public services, and only
for the following purposes:
i.
Office space for the contractor, developer, or project supervisor;
ii.
Temporary accommodation for a caretaker, security guard or
construction workers;
iii.
Temporary placement of asphalt and concrete batch plants; or
iv.
Storage of construction materials and equipment.
b.
Temporary uses including garage sales, fundraising events, outdoor car
washes, real estate sales offices and model sales homes, and Temporary
Emergency Residence.
c.
Temporary placement of an RV or mobile home on site where a
development and building permit has been issued for construction of the
principal dwelling on the same site.
(3)
The following temporary buildings, structures or uses shall not be permitted in
any Residential Zones:
a.
Temporary uses including farmers' markets, special events, seasonal sales,
Retail Trade and Retail Store.
(4)
Temporary building used as a classroom is permitted only on a site where an
elementary or secondary schools land-use already exists.
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(5)
Retail Trade as a Temporary Use shall not be permitted longer than 3 days.
(6)
Retail Trade as a Temporary Uses shall not exceed 400 square feet.
(7)
Retail Trade as a Temporary Uses shall be limited to the items allowed as Retail
Store.
2.27.1. Temporary Buildings Use Specific Standards
(1)
Temporary buildings, structures, and uses shall not be detrimental to public
health, safety, convenience, and general welfare.
(2)
The temporary buildings, structures, and uses must not result in permanent
alterations to the site.
(3)
All temporary signs associated with the temporary use or structure must be
removed when the activity ends.
(4)
The temporary use or structure must not violate any applicable conditions of
approval that apply to a principal use on the site.
(5)
Temporary buildings, structures, and uses established under this By-law in
connection with construction or development of a site, shall be removed within
one (1) month of the completion of construction or development on the site unless
otherwise noted in this By-law.
(6)
Temporary buildings and structures shall not exceed 1,000 square feet in gross
floor area and 13 feet in height.
(7)
The temporary building, structure or use shall be located in compliance with the
setback requirements as specified in this By-law for accessory buildings except:
a.
Temporary buildings, structures or uses may be located in the front yard of a
principal building with a minimum setback of 3 feet from the front property
line; and
b.
Temporary buildings, structures or uses may be located on a site with no
principal buildings and with a minimum setback of 3 feet from the front
property line.
(8)
Temporary buildings or structures used as Real Estate Sales Offices and Model
Sales Homes shall not be used as a dwelling during the time it is being used as a
real estate sales office or model home.
2.27.2. Permit Required for Temporary Buildings and Uses
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(1)
A development permit for a temporary building, structure or use shall be subject
to such terms and conditions as required by Council or the Development Officer
and approval pursuant to the Development Procedures Section of this By-law.
(2)
Each development permit issued for a temporary building, structure or use shall
be valid for a period of not more than 12 months.
2.27.3. Permit Exemptions for Temporary Buildings and Uses
(1)
The following temporary uses are exempt from the requirement for development
permit approval, provided that the proposed temporary use complies with the Use
Specific Standards of temporary buildings, structures, and uses:
a.
Garage, rummage or yard sales up to a maximum of 2 weekends per year,
for a maximum of 3 days each.
b.
Outdoor car washes lasting no more than 2 consecutive days, 7 times per
year.
c.
Outdoor special events (carnival, circus, fair, outdoor performing artists,
festivals, sports competitions, or similar events) lasting no more than 3
consecutive days, 4 times per year.
d.
Fundraising events lasting no more than 2 consecutive days, 7 times per
year.
e.
Seasonal Sales such as Christmas trees, flags, kites, fruits, vegetables, or arts
and crafts that are limited to a maximum of 60 days in each calendar year.
f.
Farmer's Market held in an open area or in a structure where groups of
individual sellers offer for sale to the public such items as specialized lines of
food products, fresh produce, seasonal fruits, fresh flowers, arts and crafts
items, or food and beverages dispensed from booths located on-site, limited
to between April 1 to October 31.
g.
Temporary Emergency Residence where interim lodging is provided to
persons who are displaced from their homes due to fire, flood or natural
disaster, limited to a maximum of 60 days.
2.28. Cover-all Buildings and Fabric Buildings
(1)
Cover-all Buildings and Fabric Buildings may be stored or used in a residential
zoning district subject to following:
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a.
Site Plan Approval shall be required by the Development Officer and
Council, prior to the issuance of any building or development permits, for
the on-site location(s) of the Cover-all Buildings and Fabric Building(s) and
the exterior finishing materials for the structures, all of which shall be
maintained to the satisfaction of the Development Officer.
b.
Must be located in the side or rear yard and located behind the front of the
principal dwelling and in conformity with all setback requirements for
accessory use on the subject property.
(2)
The gross floor area of Cover-all Buildings and Fabric Buildings shall be counted
in determining the maximum Lot Coverage allowed on a lot.
2.29. Shipping Containers (Sea Cans)
(1)
Shipping containers mean an intermodal container designed and built for
intermodal freight transport and shall only be permitted where outdoor storage,
rail terminals and rail yards, truck terminals are permitted by right; and are
allowed for agricultural operations.
(2)
Shipping containers may serve as temporary buildings or structures on a site in
connection with construction, seasonal sales, farmer's markets, outdoor special
events, and Exploration Projects [Advanced].
(3)
A shipping container when used as a temporary structure shall:
a.
Be used exclusively for the storage of goods and materials and shall not be
used as a garage, or as human habitation.
b.
Meet the setback requirements for temporary structures.
c.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for the
on-site locations and designs of all parking areas, private approaches,
garbage areas, and fencing, all of which shall be maintained to the
satisfaction of the Development Officer.
(4)
Shipping containers may be permanently stored or used in a R1 or R2 zoning
district subject to the following:
a.
Site Plan Approval shall be required by the Development Officer and
Council, prior to the issuance of any building or development permits, for
the on-site location(s) of the shipping container(s) and the exterior finishing
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materials for the shipping container(s), all of which shall be maintained to the
satisfaction of the Development Officer.
(2)
Shipping containers shall not be permanently stored or used in an AG, AL, or RR
zoning district, unless approved as a Conditional Use, and subject to the
following:
a.
Site Plan Approval shall be required by the Development Officer and
Council, prior to the issuance of any building or development permits, for
the on-site location(s) of the shipping container(s) and the exterior finishing
materials for the shipping container(s), all of which shall be maintained to the
satisfaction of the Development Officer.
(6)
The gross floor area of Shipping Containers shall be counted in determining the
maximum Lot Coverage allowed on a lot.
2.30. Accessory Buildings, Structures and Uses
(1)
Accessory building, structure or use means a subordinate building, structure or
use which is incidental and accessory to the principal building, structure or use,
and located on the same site as the principal building, structure or use.
(2)
A development permit for an accessory buildings or structures shall be required
unless otherwise noted in this By-law, and subject to such terms and conditions as
required by Council.
(3)
An accessory use is allowed in any zone if:
a.
It is on the same lot as the principal use to which it is accessory; and
b.
It exists to aide and contribute to the principal use to carry out the function
of that principal use.
(4)
Accessory developments are permitted when accessory to a permitted use.
(5)
Accessory developments are conditional when accessory to a conditional use.
(6)
If a question arises as to whether a particular accessory use or structure is included
within the land-use categories or use types of this Zoning By-law, the Development
Officer must make the determination as described in the section Classification of
Uses.
(7)
Detached accessory buildings, structures or uses shall cease to be allowed on a
site when a principal building or land-use also ceases, unless otherwise provided
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in this By-law as a temporary building or use.
2.30.1. Attached to Principal Building
(1)
Where the accessory building or structure is attached to the principal building by
a roof, floor (except slab on grade or foundation), or an open or enclosed
structure, the accessory building shall be located in compliance with the setback
requirements for the principal building as specified in the bulk table for each
zone.
2.30.2. Construction Before Principal Building or Structure
(1)
Detached accessory buildings or structures may be constructed before
construction of the principal building, structure or use on the same site, subject
to:
a.
The accessory building being fully finished on the exterior in a manner that is
compatible with the character of the surrounding area;
b.
The number of accessory buildings or structures being limited to one (1)
before construction of the principal building, structure or use; and
c.
The detached accessory buildings or structures remains without the principal
building or use for not longer than one (1) year.
(2)
Detached accessory buildings or structures constructed before the development
of the principal building, structure or land-use may be used for the following uses:
a.
As a temporary building for uses in connection with construction or
development on the site as outlined Temporary Buildings, Structures
and Uses;
b.
Parking of motor vehicles;
c.
Storage of domestic equipment and supplies;
d.
Storage required for an agricultural operation;
e.
Private wastewater management system;
f.
Private drinking water system; or
g.
To accommodate Exploration Projects [Advanced] as defined in the Mines
and Minerals Act.
(3)
Detached accessory buildings or structures being used as temporary buildings in
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connection with construction or development on a site, shall not be subject to
removal within one (1) month of the completion of construction or development
of a principal use or building, but shall cease to be used as a temporary building.
2.30.3. Performance Standards for Accessory building, structure or use
(1)
Site Plan Approval shall be required by the Development Officer and the Board,
prior to the issuance of any building or development permits, for the on-site
locations and designs of all parking areas, private approaches, garbage areas, and
fencing, all of which shall be maintained to the satisfaction of the Development
Officer.
2.30.4. Location on the Lot for Accessory building, Structure or Use; and Building Separation
between Accessory Buildings
(1)
Detached accessory buildings, excluding detached decks, above ground pools
and hot tubs, shall be located a minimum of 3 feet clear of all projections from
other detached accessory buildings.
2.30.5. Easement or Right-of-Way
(1)
Detached accessory buildings and structures shall not be located within a
dedicated easement or right-of-way.
2.30.6. Setbacks from Lot Lines
(1)
Detached accessory buildings and structures shall be located in accordance with
the following:
a.
Shall not be permitted in the front yard setback of a principal building.
b.
When a detached accessory buildings or structures built to the rear of the
principal structure, it shall not come closer than 4 feet to the side property
line and 4 feet from the rear property lines, unless the rear property line
abuts a rear public lane in which case the rear yard setback shall be 3 feet.
c.
The cumulative gross floor area for all detached accessory structures on the
lot shall not exceed 12.5% of the total building coverage area of the lot.
d.
A one (1) foot overhang is permitted within the required setbacks from the
property lines to the wall of the detached accessory structures. Eavestrough
may be added to the permitted one (1) foot overhang.
(2)
If a detached accessory structure is not located to the rear of the rear wall of the
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principal building, the minimum setbacks of the principal building apply to that
portion of the structure not to the rear of the rear wall of the principal building.
(3)
For the purpose of this regulation, the rear wall of the principal building is the wall
furthest from the wall with the facade facing the fronting public road.
2.30.7. Height of Accessory building, Structure or Use
(1)
Detached accessory buildings and structures shall not exceed 14 feet in height
except in association with a Garage Suite or with agricultural operations where
accessory structures may exceed this height.
2.30.8. Building Coverage of Accessory building, Structure or Use
(1)
The cumulative gross floor area of all Detached accessory buildings and structures
shall be counted in determining the maximum Lot Coverage allowed on a lot.
2.31. Garages and Carports
Garages and carports are detached accessory buildings or structures that shall be constructed
as follows:
(1)
Where a driveway leads from the public road to a garage or carport located on
the front facade of a dwelling, such driveway must be a minimum of 23 feet in
length. Driveway length is measured between the garage door or the edge of the
carport closest to the public road and the front property line.
(2)
Individual driveways leading from a shared private lane to each dwelling unit must be
at least 23 feet long, as measured between the front of the garage or carport and the
closest pavement edge of the shared private lane.
(3)
The maximum height allowable for a garage, carport or any accessory structure is
13 feet as determined for different roof styles as shown in this By-law except for a
garage that contains a Garage Suite in which case the maximum height shall be
22 feet.
(4)
The cumulative gross floor area of garages, carports and any other accessory
structures on the lot shall be counted along with the gross floor area of the
principal structure in determining the maximum Lot Coverage on a lot.
2.31.1. Location on the Lot
(1)
Garages and carports shall be located in accordance with the following:
a.
When a garage or carport is built to the rear of the principal structure, it
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shall not come closer than 5 feet to the side property line and 5 feet to the
rear property line unless the rear property line abuts a public lane in which
case the rear yard setback shall be 3 feet.
b.
A one (1) foot overhang is permitted within the required setbacks from the
property lines to the wall of the garage or carport posts. Eavestrough may
be added to the permitted one (1) foot overhang.
c.
Garage or carport may be located in the front of a principal building where
a lot has frontage on a navigable waterway.
2.31.2. Attached to Principal Building
(1)
Where the garage or carport is attached to the principal building by a roof, floor
(except slab on grade or foundation), or an open or enclosed structure, the
garage or carport shall be located in compliance with the setback requirements
for the principal building as specified in the bulk table for each zone except for
the driveway length requirements as stated above in this section.
(2)
Where the garage or carport is not located to the rear of the rear wall of the
principal building, the minimum setbacks of the principal building apply to that
portion of the structure not to the rear of the rear wall of the principal building.
2.31.3. Performance Standards for Garages and Car Ports
(1)
The design of the exterior finishing materials, and construction of garages and
carports shall be to the satisfaction of the Development Officer or Council who
shall require, as far as reasonably practicable, that materials will be used which
ensure that the standard of the garage or carport will be similar to, or better than,
the standard of surrounding principal buildings.
a.
Site Plans showing the location and the exterior design of the accessory
buildings and driveways shall be submitted, reviewed and approved by the
Development Officer.
2.32. Home Enterprises
This section shall not apply to an agricultural producer operating an Agricultural Operation
or Agri-Tourism in the Agricultural General Zone. Home Enterprises are accessory land-uses
to the principal land-use, a dwelling unit, and are regulated in such a manner to ensure the scale
of the home enterprise does not dominate and surpass the primary, principal land-use.
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2.32.1. Requirements For All Home Enterprises
(1)
Shall be operated by an occupant of the dwelling unit.
(2)
The exterior residential character of the dwelling unit should not be altered or
changed in any way as a result of the home enterprise.
(3)
The home enterprise shall not create or become a nuisance by way of noise,
fumes, dust, odour, traffic or otherwise interfere with the enjoyment of the
residential amenities of the surrounding neighbourhood.
(4)
Where a home enterprise is located completely below the first storey of a
Dwelling Unit (other than stairways or a common landing), the below grade floor
area (excluding the area covered by stairways) shall not exceed the gross floor
area of the first storey of the associated principal dwelling.
(5)
Any portion of a home enterprise located below the first storey of a Dwelling Unit
shall not be used in calculating the maximum size of the home enterprise.
(6)
Where a home enterprise is developed completely or partially above grade, the
floor area (excluding the area covered by stairways) of the home enterprise in the
principal structure shall not exceed 25% of the gross floor area of the building
containing the associated principal dwelling, nor 400 square feet whichever is the
lesser.
(7)
Where a home enterprise is developed in a detached accessory building, the floor
area of the home enterprise shall not exceed the building envelope of a detached
accessory building allowed on the site.
(8)
Where a home enterprise is developed in a detached accessory building, any
overhead doors visible from an adjacent lot or site containing a residential use
must remain closed when not being used for entry or exit of vehicles.
(9)
Shall not include adult entertainment; dating and escort service; body
modification; on-site auto body painting, body repairs, or other repairs to
automobiles, trucks, boats, trailers, or motorized vehicles; vehicle towing
operations; dispatch centres for auto-oriented services; sales of firearms or
ammunition; any business utilizing radio transmission equipment; any business
storing or retailing petroleum or liquefied petroleum gas; any business storing
fertilizer or dangerous goods; and any business engaged in the sales and rental of
automobiles, light trucks or motorcycles.
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(10) Shall not be subject to separation from the principal dwelling through a
condominium conversion or subdivision.
(11) Two or more home enterprises per dwelling unit may be allowed, and shall be
deemed as a single home enterprise subject to all the applicable regulations for a
single home enterprise.
(12) Should a home occupation and a home based business both be established in a
dwelling unit where the underlying zoning allows such uses, the regulations of
each type of home enterprise shall apply though the cumulative above grade
floor area shall not exceed the maximum restrictions of a home based business.
(13) May allow greenhouse, nursery and floriculture production including Food crops
grown under cover; Other food crops grown under cover; Nursery and
floriculture production; Nursery and tree production; Floriculture production
but shall not allow Mushroom production.
(14) Individuals or an immediate family member or employee(s) of the individual who
sells produce grown in Manitoba shall not require a licence, permit or approval.
(15) Customers may attend only five (5) days a week, unless otherwise noted.
(16) Not more than two (2) customers may attend at one time, unless otherwise noted.
(17) Where a home enterprise is within the controlled area of a provincial highway (as
described in 2.8(1) Setbacks from Provincial Trunk Highways and Roads), a permit may
be required from the Province to change or intensify the use of an existing
structure or to intensify the use of an existing access to a provincial highway
(excluding those portions where the local jurisdiction is responsible for access and
structure setbacks).
2.32.2. Home Occupations
(1)
Where home occupations are permitted subject to the individual zones, the
following shall apply:
a.
The maximum size of a home occupation, above grade in both principal and
accessory structures is 25% of the gross floor area of the principal building.
b.
Must not have non-resident employees.
c.
There shall be no outside storage or display of materials, containers, or
finished products, and no mechanical equipment used except that of a type
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used for housekeeping purposes and/or recreational hobbies.
d.
Work or activity must be conducted entirely within the principal building or
accessory building.
e.
Where a home occupation is the office of a veterinarian, physician, or dentist,
the use shall be for consultation and emergency treatment only and not as a
clinic or hospital.
f.
There shall be no signage, other than one (1) non-illuminated sign of less
than 2 square feet in size, attached to the principal building, to indicate to
persons outside that any part of the dwelling is being used for a purpose
other than residential.
g.
Where a home occupation is a Home-Based Child Care that cares for more
than four (4) children, the use must comply with the following requirements:
i.
The provider must be a resident, and be licensed by the Province of
Manitoba as a home-based child care provider.
ii.
Limited to no more than 12 persons being cared for.
iii.
Limited to a single-detached dwelling.
iv.
Two non-resident assistants may operate in and from the dwelling.
v.
An outdoor play space may be provided which shall be completely
enclosed by a fence with a minimum height of 5 ft and any gates in
the fencing shall be self-closing with a lockable latch to prevent
unauthorized exiting.
vi.
Any in-ground or above-ground pools and hot tubs must be fenced
separately from the outdoor play space, and have a locked gate, or
other locked device.
vii.
Must provide a pick-up/drop-off area, which may be a driveway,
sufficient to ensure the safety of people when entering and leaving
the premises.
viii. Home-Based Child Care facilities are not subject to the maximum floor
area restrictions of home occupations.
ix.
Home-Based Child Care facilities are not subject to the restrictions on
the number of customers, and may allow customers seven (7) days per
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week.
h.
Where a home occupation is a Bed and Breakfast, the use must comply with
the following requirements:
i.
The bed and breakfast shall form part of a single detached dwelling,
either in the principal or accessory building.
ii.
A new bed and breakfast shall meet the provisions of the zone in
which it is located.
iii.
A bed and breakfast shall only be operated by a live-in owner with a
maximum of four (4) guest rooms.
iv.
A bed and breakfast shall not change the residential character of an
existing dwelling unit.
v.
Bed and breakfast facilities are not subject to the maximum floor area
restrictions of home occupations.
vi.
May allow customers seven (7) days per week.
i.
No business related materials, including machinery or commercial vehicles,
shall be visible at any time on any lot upon which a home occupation is
carried out, nor shall any machinery or commercial vehicles be parked or
stored on the lot unless completely enclosed within a building.
(2)
Where a home occupation is within the controlled area of a provincial highway
(as described in 2.10 Setbacks from Provincial Trunk Highways and Roads), a
permit may be required from the Province to change or intensify the use of an
existing structure or to intensify the use of an existing access to a provincial
highway (excluding those portions where the local jurisdiction is responsible for
access and structure setbacks).
2.32.3. Home Based Businesses
(1)
Where home based businesses are allowed subject to the underlying zone, the
following shall apply:
a.
The maximum size of a home based business, above grade in both principal
and accessory structures, and outside of the structures shall be a cumulative
5% or 8,000 square feet, which is lesser, of the total lot area.
b.
A maximum of three non-resident employees shall be permitted on site.
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c.
A maximum of one licensed motor vehicle, which may be a commercial
vehicle, between 10,000 pounds and 33,000 pounds gross vehicle weight
rating (GVWR) is allowed on the lot provided that the vehicle:
i.
Is parked further from the public road than the front wall of the
structure,
ii.
Is either parked in an enclosed structure or shielded from view from
adjacent properties through the use of landscaping or fencing,
iii.
The width of the driveway, or any area dedicated to off-street parking
on the premises, shall not exceed 40% of the width of the front lot
line, and
iv.
There is no semi-trailer parking or storage on-site.
d.
Sales areas are restricted to within the principal dwelling unit and accessory
buildings only with no outside display.
e.
A maximum 2% of the total lot shall be permitted to be used for outdoor
storage associated with the home based business.
f.
Outdoor storage shall be located behind the rear wall of the principal
building. For the purpose of this regulation, the rear wall of the principal
building is the wall furthest from the wall with the facade facing the fronting
public road.
g.
Outdoor storage shall be screened from view from any abutting public road or
abutting property with an opaque screen or fence, with a min. height of 6 feet.
h.
A maximum 2% of the total lot area shall be permitted to be used for
outdoor activities associated with the home based business.
i.
Outdoor activities shall be located behind the rear wall of the principal
building. For the purpose of this regulation, the rear wall of the principal
building is the wall furthest from the wall with the facade facing the fronting
public road.
j.
Outdoor activities shall be screened from view from any abutting public
road or abutting property with an opaque screen or fence, with a minimum
height of 6 feet.
k.
The hours of operation of outdoor activities shall be limited to between
9:00 am and 6:00 pm; six (6) days a week.
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l.
There shall be no signage, other than one (1) non-illuminated sign of less
than 8 square feet in size, to indicate to persons outside that any part of the
dwelling is being used for a purpose other than residential.
m.
No part of any garage or accessory building used for a home based business
shall be located closer than 82 feet from any dwelling unit (other than a
dwelling of the owner or occupant), 50 feet from the site boundary and 164
feet from a public road.
2.33. Fences And Hedges
(1)
Fences shall not include barbed wire fences except in Agricultural, Industrial and
Commercial Highway zones where three (3) strands of barb wire are permitted
on-top of the allowable fence height; and shall not include electric fences except
in agricultural zones.
(2)
Fences and horticulture landscape features including hedges that create a fence
like effect, shall be permitted in all yard setbacks.
(3)
Fences and hedges in residential zones or Commercial Main Street zone shall
not be higher, measured from the general ground level 1.6 feet back of the
property line of the site on which the fence or hedge is to be constructed, than:
a.
4 feet in a required front yard; and
b.
6.6 feet in a required side or rear yard.
(4)
Fences and hedges in any Industrial or Commercial Highway zones shall not be
higher, measured from the general ground level 1.6 feet back of the property line
of the site on which the fence or hedge is to be constructed, than:
a.
4 feet in a required front yard;
b.
6.6 feet in a required side yard; and
c.
8 feet in a required rear yard.
(5)
Notwithstanding the above, the maximum height of a fence or hedge located in
an Institutional District, Open Space District, public utility service site,
hazardous use, or public park shall be 10 feet.
(6)
Where a fence or a hedge (excluding agricultural operation's fencing) is located
within the controlled area of a provincial highway (as described in 2.10 Setbacks
from Provincial Trunk Highways and Roads),, a permit may be required from the
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Province.
2.33.1. Fence Design Standards
(1)
Permitted materials for the construction of fences in any zoning district shall
include:
a.
Wood or PVC products;
b.
Concrete; Brick; or Ornamental block;
c.
Metal;
d.
Combination of the above materials; or
e.
Any other material, subject to an illustration by a certified engineer, architect
or landscape architect to the satisfaction of the Development Officer or
Council; and
f.
Shall not contain scrap metal or industrial waste material.
(2)
Notwithstanding the above, a snow fence is allowed to be erected on a temporary
basis between November 1 and April 15 of the following year, provided the
snow fence is properly maintained, located a minimum of 10 feet from any
property line.
(3)
No fence shall be maintained or caused to be maintained in a damaged or
disrepair state or condition by reason of fire, decay or otherwise; and all fences
shall be constructed or caused to be constructed in a sound manner and shall be
maintained by painting or other suitable means, and shall be straight and true.
2.34. Decks, Patios, Balconies, Patio Covers, Sunrooms, Screen Enclosures
(1)
Unenclosed decks, patios and balconies, shall be permitted in any front, side yard
or rear yard setback when 2 feet or less in height as measured from the ground to
the deck floor.
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Figure 6: Typical Deck Elevation Plan
(2)
Covered decks, patios and balconies shall be permitted in any front, side yard or
rear yard setback when 2 feet or less in height as measured from the ground to
the deck floor.
(3)
Enclosed decks, patios and balconies with sunroom or screen enclosures shall
have the dimensional standards of the principal building apply when attached to
the principal building; and the dimensional standards of detached accessory
structures apply when detached from the principal building.
2.35. Pools And Hot Tubs
(1)
Private swimming pools and hot tubs shall comply with the regulations listed
hereunder.
2.35.1. Encircling Fence
(1)
Shall be completely enclosed by a fence with a minimum height of 6 feet, or a
sunroom, and shall comply with the Manitoba Building Code.
(2)
A principal or accessory building may be utilized to effectively enclose any pool.
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(3)
Any gates in the fencing shall be a minimum height of 5 feet and shall be self-
closing with a lockable latch a minimum of 2 feet above ground to prevent
unauthorized entry.
(4)
Fencing and gates must be constructed in a manner to prevent a child from
crawling underneath to access the yard.
(5)
Fencing shall be so constructed that all horizontal or diagonal structural members
shall be located on the inside or pool side of the fence.
(6)
A hedge shall not be used as or considered to be a fence for the purpose of this
section.
2.35.2. Location on Site
(1)
Shall provide a minimum of 2 foot rear and side yards setbacks.
2.35.3. Setbacks for Pool Equipment
(1)
Pool filters, pumps and heaters and the like may project into any side or rear yard
setback provided that the projection is not closer than 1 foot from the side or rear
site line, and the minimum distance from filters, pumps, heaters, or related
equipment to an operable window of a habitable room on an adjoining lot is 10
feet (measured laterally).
2.36. Outdoor Fire Pit, Wood Burning Stove, or Barbecue
(1)
Where an outdoor wood stove or furnace is established for heating of the principal
building or structure, it shall be considered as part of such building or structure and all
yard requirements of a principal building shall apply in the applicable zone.
(2)
All outdoor wood burning stoves and furnaces are subject to the following provisions:
a.
Shall be supported by a non-combustible base or foundation that is designed
according to the manufacturer's instructions to support the weight of the
appliance. The non-combustible base must in all cases extend a minimum of 1 foot
in all directions from the appliance on all sides.
(3)
All outdoor wood burning areas in residential zones are subject to the following
provisions:
a.
Shall be located at least 10 feet from the base of any tree, hedge, fence,
combustible building or structure.
b.
Shall not be located in a front yard.
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c.
Shall be located at least 30 feet from a pipeline, public utility, transmission
corridor, or public right-of-way.
2.37. Lighting
(1)
Lighting requirements are:
a.
Wall mounted lights must have fully shielded luminaries to direct light
downward;
b.
No owner may install or maintain a light source that is directed outward
toward property boundaries or adjacent rights-of-way;
c.
Lighting must be directed downward except for low-voltage architectural,
landscape and decorative lighting, which is subject to subsection below;
d.
Architectural, landscape and decorative lighting may be directed upward to
illuminate flags, statues or any other objects but must use a narrowly
directed light whose light source does not direct light onto adjacent
residential properties;
e.
All light sources must be shielded to prevent glare; and
f.
Lighting used to illuminate accessory off-street parking areas shall be
arranged and shielded so as not to reflect directly onto residential lots.
2.37.1. Height of Light Standards
(1)
Within any residential zoning district, the maximum permitted height of light
poles is 20 feet.
(2)
Within any commercial or manufacturing zoning district, the maximum permitted
height of light poles is 25 feet when within 50 feet of residential uses.
2.37.2. Prohibited Lighting
(1)
No person shall install or maintain strobe lights that are visible from another
property, unless required by a governmental aviation authority.
(2)
No person shall install or maintain red, blue, or yellow rotating lights designed to
imitate lighting on police, fire, or emergency vehicles that are visible from another
property.
2.38. Apiculture (Beekeeping)
(1)
The maximum density of bee colonies shall be relative to lot size using Table
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Municipality of Deloraine-Winchester By-law 2022-04
3: Recommended Maximum Density Of Bee Colonies.
(2)
The following requirements must be met for Beekeeping:
a.
In non-Agricultural Zoning Districts, beehives, also known as apiaries,
shall only be sited in the rear yard.
b.
In non-Agricultural Zoning Districts, the setback distance from all
property lines for beehives cannot be less than 25 feet.
c.
In Agricultural Zoning Districts, beehives cannot be sited less than 82
feet from all public roads and property lot lines.
d.
Beehives shall maintain a minimum setback distance of 82 feet from any
dwelling unit (other than a dwelling of the owner or occupant).
e.
Beehives shall not be located within 330 feet of a Child Day-Care
Services, Community Care Facilities, Community Centre, Community
Health Centres, Educational Services, Fitness and Recreational Sports
Centres, Golf Courses and Country Clubs, Pavilion, Picnic Shelter, Pet
care services, Place of Worship, Recreational and Vacation Camps,
Restaurants, and Sports Arena/Stadiums facilities.
f.
A regular source of water with an unimpeded path shall be provided for
the bees on the same property as the beehives.
g.
Beehives shall be on a site or in a yard completely encircled by a fence
or a hedge with a minimum height of 6 feet, when the beehive is less
than 330 feet from a property line. A principal or accessory building may
be utilized as a part of the encircling fence to enclose the beekeeping
structures.
h.
Beehives shall be located so that the entrance to the hives face away
from adjacent property dwellings.
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2.38.1. Table 3: Maximum Density Of Bee Colonies
Lot/Acreage
Number of
Bee Colonies
(a) Up to 1/4 acre
(1/4 acre=10,890 sq. ft., roughly 50 ft. x 215 ft.)
2 hives plus 1 nucleus hive
(b) More than 1/4 acre, less than 1/2 acre
(1/2 acre = 21,780 sq. ft., roughly 100 ft. x 218 ft.)
4 hives plus 1 nucleus hive
(c) More than 1/2 acre, less than 1 acre
(1 acre = 43,560 sq. ft., roughly 150 ft. x 290 ft.)
6 hives plus 1 nucleus hive
(d) 1 acre or more
8 hives plus 1 nucleus hive
2.39. Livestock
2.39.1. Animal Keeping, Farm Animals
(1)
These are regulations for the hobbyist or backyard farmer on the management of small
herds and flocks of farm animals; it is not intended as a regulation for large-scale or
commercial livestock operations, and it is not deemed an 'agricultural operations' or an
'agri-business' as defined under this Zoning By-law.The following requirements must
be met for all cases where livestock or other animals (excluding pets) are
sheltered, bred, raised, or sold and where the amount of animals kept on one site
do not meet or exceed 10 animal units (AU), cumulative across species as defined
under section 2.39.2 Table 4 and section 2.39.7 Table 5:
a.
a maximum of one animal unit (cumulative across species) is permitted for
every [8,094] meters2 (two acres) of site area.
b.
The keeping of livestock must adhere to all other local, provincial and
federal health and agriculture regulations in addition to the standards in
this bylaw.
c.
any ground-level structure intended for the keeping of animals must
maintain a minimum setback of [4.5] meters ([15] feet) from any site line.
d.
animal feed must be properly stored in enclosed vessels, and areas or
enclosures intended for the keeping of animals must be properly cleaned
and maintained to prevent odours from spreading onto abutting properties.
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2.39.2. Table 4: Animal Units by Hobby Farm Animal Type
Hobby Farm Animal Type
Animal Units Produced by
One Animal
Factor to be used to
Determine Animal Units
Horses - large
1
1
Horses - small to medium
0.667
1.5
Ponies - all
0.4
2.5
Horses - miniature
0.222
4.5
Goats - mature
0.111
9
Geese - growing for meat
0.024
42
Geese - mature
0.045
22
Ducks - growing for meat
0.017
58
Ducks - mature
0.024
42
Rabbits - does (includes
associated bucks and litters)
0.1
10
Alpacas, llamas
0.17
5.9
REGULATIONS GOVERNING ANIMAL KEEPING SITES
a.
Any ground-level structure intended for the keeping of Farm Animals or
waste storage areas shall maintain a minimum setback distance of 164 feet
from any dwelling unit (other than a dwelling of the owner or occupant), 50
feet from the site boundary and 164 feet from a public road.
b.
Farm Animal feed must be properly stored in enclosed vessels, and areas or
enclosures intended for the keeping of animals must be properly cleaned
and maintained to prevent odours from spreading onto abutting
properties.
c.
Farm Animals (with the exception of household pets) shall be kept enclosed
by fences or corrals, which may be non-opaque.
d.
Farm Animal enclosures or corrals shall maintain a minimum setback
distance of 164 feet from any dwelling unit (other than a dwelling of the
owner or occupant).
e.
Animal Keeping, Farm Animals may be allowed in association with a
Home Enterprise.
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2.39.3. Private Stables
(1)
Private stables for horses may be allowed as an Accessory Structure subject to the
following conditions:
a.
The maximum number of horses shall be one horse per two and a half acres
of site area to a maximum of 20.0 acres and 8 horses with the exception
being on lands zoned "AG" and "AL".
b.
The animal shelter (stable) and the manure storage area shall maintain a
minimum setback distance of 164 feet from any dwelling unit (other than a
dwelling of the owner or occupant), 50 feet from the site boundary and 164
feet from a public road.
c.
Horses shall be kept enclosed by fences or corral, which may be non-
opaque.
d.
Horse enclosures, paddock, corrals, or exercise yards shall maintain a
minimum setback distance of 164 feet from any dwelling unit (other than a
dwelling of the owner or occupant).
2.39.4. Equestrian Establishments
(1)
Equestrian Establishments may be allowed as a Home Based Business subject to
the following conditions:
a.
A maximum of three non-resident employees shall be permitted on site.
b.
The hours of operation must be limited to between 9:00 am and 6:00 pm; six
(6) days a week.
c.
Students may attend the home based business only six (6) days a week.
d.
Not more than three (3) students for every one (1) horse may attend at one
time.
e.
There shall be no signage, other than a non-illuminated sign of less than 16
square feet in size, to indicate to persons outside that any part of the
dwelling is being used for a purpose other than residential.
f.
The requirements of Private Stables shall apply.
2.39.5. Livestock Operation Uses, 10 AU > 299 AU
(1)
The Animal Units (AU) Produced by One Animal and the Number of Animals to
Produce One Animal Unit by category of Livestock shall be determined using
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Municipality of Deloraine-Winchester By-law 2022-04
Table 5: Animal Units by Category of Livestock.
(2)
Livestock operations greater than 10 AU and less than 299 AU shall:
a.
Meet the separation distances as stipulated in the criteria outlined in Table 6:
Minimum Separation Distances for Siting Livestock Operations. Mutual
separation distances to dwelling units will be measured to the building itself;
and separation distances to designated areas will be measured to the
boundaries of the designated areas found in the Development Plan, not the
buildings within.
2.39.6. Livestock Operation Uses, Large Scale +300 Animal Units
(1)
In addition to the above, an application for the conditional use approval of a
livestock operation involving 300 or more animal units (cumulative across
species) in an Agricultural Zone shall:
a.
Be subject to the following measures to reduce odours from the operation:
i.
covering manure storage facilities; and
ii.
the establishment of shelterbelts.
b.
Be subject to a development agreement regarding one or more of the
following:
i.
the timing of construction;
ii.
the control of traffic;
iii.
the construction and maintenance of roads, fencing, landscaping
drainage works, shelterbelts; or
iv.
the payment of a sum of money to the Municipality to be used by
Council to construct any of the items mentioned above.
c.
Be sent to the Minister for referral to the Technical Review Committee for
review.
d.
Be subject to the measures to implement the recommendations of the
Technical Review Committee.
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2.39.7. Table 5: Animal Units by Category of Livestock
Animal
Type
Animal Units
(AU) Produced
by One Animal
Number of Animals to
Produce One AU
(a) Dairy
i. Milking Cows,
including
associated
livestock
2
0.5
(b) Beef
i. Beef Cows,
including
associated
livestock
1.25
0.8
ii. Backgrounder
0.5
2
iii. Summer pasture/
replacement
heifers
0.625
1.6
iv. Feeder Cattle
0.769
1.3
(c) Hogs
i. Sows, farrow to
finish
1.25
0.8
ii. Sows, farrow to
weanling
0.25
4
iii. Sows, farrows to
nursery
0.313
3.2
iv. Weanlings
0.033
30
v. Growers /
finishers
0.143
7
vi. Boars (artificial
insemination
operations).
0.2
5
(d) Chickens
i. Broilers
0.005
200
ii. Roasters
0.01
100
iii. Layers
0.0083
120
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Animal
Type
Animal Units
(AU) Produced
by One Animal
Number of Animals to
Produce One AU
iv. Pullets
0.0033
300
v. Broiler Breeder
Pullets
0.0033
300
vi. Broiler Breeder
Hens
0.01
100
(e) Turkeys
i. Broilers
0.01
100
ii. Heavy Toms
0.02
50
iii. Heavy Hens
0.01
100
(f) Horses
iv. Mares, including
associated
livestock
1.333
0.75
(g) Sheep
i. Ewes, including
associated
livestock
0.2
5
ii. Feeder Lambs
0.063
16
Source: Appendix 2, Provincial Planning Regulation 81/2011 THE PLANNING ACT (C.C.S.M. c. P80).
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Municipality of Deloraine-Winchester By-law 2022-04
2.39.9. Table 6: Minimum Separation Distances for Siting Livestock Operations
Size of
Livestock
Operations in
Animal Units
(A.U.)
Separation Distance in Feet From
Dwelling Unit
Separation Distance in Feet From
Designated Areas
(i) To Earthen
Manure Storage
Facility or
Feedlot
(ii) To Animal
Confinement
Facility and
Non- earthen
Manure Facility
(i) To Earthen
Manure Storage
Facility or
Feedlot
(ii) To Animal
Confinement
Facility and
Non- earthen
Manure Facility
(a) 10-100
656
328
2,625
1,739
(b) 101-200
984
492
3,937
2,625
(c) 201-300
1,312
656
5,249
3,511
(d) 301-400
1,476
738
5,906
3,937
(e) 401-800
1,640
820
6,561
4,364
(f) 801-1600
1,968
984
7,874
5,249
(g) 1601-3200
2,297
1,148
9,186
6,135
(h) 3201-6400
2,625
1,312
10,499
6,988
(i) 6401-
12,800
2,953
1,476
11,811
7,874
(j) >12,800
3,281
1,640
13,123
8,760
Source: Appendix 1, Provincial Planning Regulation 81/2011 THE PLANNING ACT (C.C.S.M. c. P80.
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Municipality of Deloraine-Winchester By-law 2022-04
2.39.10. Designated Areas
(1)
For the purposes of this By-law, the designated areas for the separation distances
in Table 6: Minimum Separation Distances for Siting Livestock Operations shall
be:
a.
Urban Policy Areas, Rural Residential Policy Areas, and Tourism Policy
Areas identified in the Southwest Forward Together Development Plan
By-law 01-2021;
b.
Whitewater Lake, Turtle Mountain Provincial Park, Dromore Lake, Lake
Metigoshe, Sharpe Lake, Partridge Lake, Stanley Lake, Flossie Lake, and
Deloraine Reservoir as identified in Zoning By-Law 22-004 Schedule B:
Maps.
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Municipality of Deloraine-Winchester By-law 2022-04
3. Parking, Loading, and Signage
3.1. Minimum Parking Requirements
(1)
Accessory off-street parking spaces shall be provided according to the minimum
number of spaces as calculated for uses within the Zones and Use Categories
indicated in Table 7: Required Parking Stalls by taking the number of units for
residential uses; the number of classrooms; or the floor area and multiplying by
the required number of parking stalls.
(2)
All accessory off-street parking spaces shall be located on the same site as the
principal use.
(3)
There are no parking requirements for zones or land-uses not in Table 7.
3.1.1. Table 7: Required Parking Stalls
Zone
Required Parking Stalls
a. IN
(i)Elementary School: 1.5 per classroom (includes portables)
(ii) Secondary School: 4 per classroom (includes portables)
(iii) Other Educational: 3.4 per 1,075 square feet of gross floor area
(iv) Hospitals: 1 per 1,075 square feet of gross floor area
(v)Community Care Facilities and Nursing and Residential Care
Facilities: 0.25 per sleeping unit or 4 beds plus 1 per 1,075 square
feet of floor area used for medical, health or personal services
b. RR, R1
(i) 1 per unit
c. R2
(i) 1 per unit for 2 units or less
(ii)0.66 per unit for 3 units
(iii)0.8 per unit for 4 units
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Municipality of Deloraine-Winchester By-law 2022-04
d. R3
(i) 1 per unit for 2 units or less
(ii)0.66 per unit for 3 units
(iii)0.8 per unit for 4 units or more
(iv) Community Care Facilities and Nursing and Residential
Care Facilities: 0.25 per dwelling unit or per sleeping unit, plus 1
per 1,075 square feet of floor area used for medical, health or
personal services
e. M
(i) 0.8 per 1,075 square feet of gross floor area
3.1.2. Existing Use
(1)
Where an existing building is enlarged or altered, or a change in use occurs that
results in a more intensive use, adjustments for parking shall be made accordingly.
(2)
Where a building or use lawfully existed before enactment of this By-law, the
existing provision of parking spaces shall not be affected by enactment of this
zoning unless a change as per (a) above occurs, at which time adjustments for
parking spaces shall be made according to the requirements contained herein.
3.1.3. Parking Requirements Based on Floor Area
(1)
Where parking requirements are based on the "floor area" of the use, the term
"floor area" in this section means the gross floor area of the principal building,
excluding:
a.
Any area used for parking within the principal building.
b.
Any area used for incidental service storage, mechanical equipment, or
similar uses.
c.
Any area used for bicycle parking.
d.
Residential dwelling units.
3.1.4. Minimum Visitor Parking
(1)
Visitor parking shall be provided for the following:
a.
Apartment Dwellings, Multiple Attached Dwellings, Stacked Dwellings,
Bungalow Clusters, and Bungalow Courts with 14 or more dwelling units
on one lot shall provide a minimum visitor parking of 0.3 spaces per
dwelling unit.
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Municipality of Deloraine-Winchester By-law 2022-04
b.
Community Care Facilities and Nursing and Residential Care Facilities
where the minimum visitor parking shall be 0.2 spaces per dwelling unit or
for every 4 sleeping units when there are 14 or more required parking
stalls.
3.2. Parking Reductions
The following may be used to reduce the required number of parking spaces:
3.2.1. Main Streets and Heritage Resource Uses
The areas designated Main Streets in the Development Plan; and buildings, structures or land-
uses identified as Heritage Resource Uses may reduce the required parking spaces as follows:
(1)
When any building, structure, or use in existence prior to the adoption of this By-
law is subsequently damaged or destroyed, and is reconstructed, re-established,
or repaired, the accessory off-street parking or loading spaces maintained at the
time of such damage or destruction may be restored or continued in operation.
(2)
When a new use commences in an existing building, no additional parking is
required.
(3)
When a new building is erected or an existing building's gross floor area is
expanded, no additional parking is required.
(4)
When a new building is erected on a parking area in existence at the time of this
By-law the former land users' dependent on said parking area shall not be
required to meet the minimum parking requirements and shall not need to
provide any new parking areas.
(5)
Parking, loading and service areas shall be located to the rear of the rear wall of
the principal building.
(6)
Where a surface parking area abuts a public road in a corner lot or a fronting
public road, the owner must screen the perimeter of the service area or parking
spaces from public view with an opaque fence and shrubs (minimum mature
height of 3 feet) planted one every 2 feet on centre in a 4 feet wide planting bed
which extends the length of the parking area public road frontage.
(7)
Where, because of conditions not conducive to good horticultural practices, a
screen planting cannot reasonably be expected to survive, the Development
Officer shall require a masonry wall, wood fence or earth berm, or combination
thereof, to be substituted for the requirements above.
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Municipality of Deloraine-Winchester By-law 2022-04
(8)
Except as otherwise provided in this section, all development, redevelopment,
expansion, demolition, signage or exterior alteration of parking areas and
principal buildings visible from public rights-of-way is subject to Site Plan
Approval by the Development Officer, as provided in this section, prior to
commencement.
3.2.2. Combination of Uses
(1)
Where more than one type of principal use is located within a single building (for
example: retail and service uses in a hotel or office building, or offices combined
with warehousing uses), the number of parking spaces required is reduced to 80%
of the aggregate of the accessory off-street parking spaces required for each use
established on the zoning lot.
3.3. Parking Stall Widths and Lengths; and Aisle Specifications
(1)
All off street parking areas and spaces and below grade parking areas and spaces
shall be designed, constructed and maintained in accordance with Table 8 and
the following provisions:
a.
Each regular or angled parking space shall have a minimum width of 8 feet
and a minimum length of 20 feet, and shall be visibly designated and
marked except:
i.
Parking stalls abutting side-by-side with a fence, property line or wall
shall be a minimum of width of 10 feet.
ii.
A maximum of 25% of the total number of parking stalls without direct
access to a public lane for non-residential uses, and a maximum of
33% of the total number of parking stalls without direct access to a
public lane for multi-family residential uses, may be reduced in length
to 16 feet and designated for small cars only.
b.
Each parallel parking space shall have a minimum width of 9.5 feet and a
minimum length of 23 feet.
c.
Driveways used for ingress and egress hall be clearly marked.
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Municipality of Deloraine-Winchester By-law 2022-04
3.3.1. Table 8: Parking Stall Widths and Lengths; and Aisle Specifications
Angle of Parking
Spaces
(i) Parking
Space
Width
(Minimum)
feet
(ii) Parking Space
Length (Minimum)
feet
(iii) Aisle Width (Minimum)
feet
(a) 61° - 90°
8
20
20
(b) 46° - 60°
8
20
18
(c) Less than 45°
8
20
12
(d) Parallel
9.5
20
10
Figure 7: Parking Stall and Aisle Way Dimensions, Angled
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Municipality of Deloraine-Winchester By-law 2022-04
Figure 8: Parking Stall and Aisle Way Dimensions, Parallel
Figure 9: Parking Stall and Aisle Way Dimensions, 90o
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Municipality of Deloraine-Winchester By-law 2022-04
3.3.2. Accessible Parking Spaces
(1)
Accessible parking spaces shall be provided for all land-uses [except for AG -
Agriculture General, RR, R1, and R2] when vehicle parking is being provided
voluntary; or when vehicle parking is provided as a requirement under this By-law,
results in 11 or more parking stalls.
(2)
The provision of accessible parking spaces shall be counted towards the required
number of parking spaces when vehicle parking is required as per this By-law.
(3)
The number of accessible parking spaces shall be in accordance to the minimum
number of spaces specified by Table 9: Accessible Parking Stall Requirements.
(4)
Each accessible parking space shall have a minimum width of 12 feet and a
minimum length of 20 feet.
(5)
Accessible parking spaces shall be located within 200 feet of the principal
building's main entrance normally used by employees, or the public.
(6)
Accessible spaces must be clearly marked and reserved for the exclusive use of
people with mobility issues.
(7)
At least 1 curb ramp must be located within 200 horizontal feet of the auto
parking space closest to each entrance to a principal or accessory building that is
not a service entrance.
(8)
If two adjacent spaces are designated for barrier-free, then the total width of both
spaces together shall be 20 feet if a 4 foot aisleway separates the two spaces.
(9)
For every 50 parking stalls in a parking area, there shall a barrier-free parking stall
[to service a van] that should be 8 feet in width with an abutting 8 foot wide
aisleway on the driver side.
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3.3.3. Table 9: Accessible Parking Stall Requirements
Capacity of Public Parking Area
(Number of Parking Spaces)
Minimum Number of Barrier-Free Parking
Spaces
(a) 1-10
0
(b) 11-25
1
(c) 26-50
2 [one being
van accessible]
(d) 51-75
3 [one being
van accessible]
(e) 76-100
4 [two being
van accessible]
(f) More than 100
3% total a maximum of 10 spaces with 5
being van accessible
Figure 10: Accessible Parking Stall and Walk Aisleway Dimensions
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3.4. Parking and Storage of Boats, Recreational Vehicles and Trailers
Parking and storage of boats, recreational vehicles, trailers and similar vehicles shall be
permitted in any zone subject to the following provisions:
(1)
The regulations of this section do not apply to any recreational vehicles or trailers
parked or stored within a campground.
(2)
The regulations of this section do not apply to any boats or trailers parked or
stored within a marina, or boat sales or commercial storage, or in conjunction with
any permitted dock, boat house or boat port on the same lot.
(3)
Boats, recreational vehicles, trailers or similar vehicles shall not be parked or
stored in any commercial zone, unless commercial storage or commercial sales are
permitted for longer than 120 days.
(4)
Boats, recreational vehicles, trailers or similar vehicles shall not be parked or
stored in any portion of a front yard for longer than 120 days.
(5)
Boats, recreational vehicles, trailers or similar vehicles may be parked or stored in
a garage in a residential zone.
(6)
Boats, recreational vehicles, trailers or similar vehicles shall be parked or stored in
an interior side or rear yard provided that the boat, recreational vehicle, trailer, or
similar vehicle is set back a minimum of 2 feet from any lot line, and the line
dividing the side yard from the front yard.
(7)
Any recreational vehicle or trailer shall not be occupied while parked or stored on
a residential zoned lot.
(8)
Any number of boats, recreational vehicles, trailers or similar vehicles, together
not exceeding a total length of 36 feet may be stored in an interior side or rear
yard in any residential, rural residential or rural zone, provided that the boat(s),
recreational vehicles or trailers being stored are setback a minimum of 2 feet from
any lot line and the line dividing the side or rear yard from the front yard.
(9)
Notwithstanding any other provision in this Zoning By-law, boats, recreational
vehicle and trailer storage shall be permitted in a driveway for Single Detached,
Semi-Detached, Duplex and Triplex Dwellings only between May 1st and
October 31st.
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3.5. Parking and Storage of Large Vehicles in Residential Zones
(1)
A maximum of one (1) large vehicle may be parked or stored in a R1, R2, or R3
zone, provided that the large vehicle has a Gross Vehicle Weight Rating
(GVWR) between 10,001 lbs and 19,500 lbs, and the large vehicle is operated
by the resident of the associated dwelling unit on the lot.
(2)
Within the Rural Residential zone, one (1) licensed motor vehicle with a maximum
gross vehicle weight rating (GVWR) of between 10,001 pounds and 33,000
pound is allowed on the lot provided that the motor vehicle:
a.
Is parked further from the public road than the front wall of the structure;
b.
Is either parked in an enclosed structure or shielded from view from adjacent
properties through the use of landscaping; and
c.
The width of the driveway, or any area dedicated to off-street parking on the
premises, shall not exceed 40 percent of the width of the front lot line.
(3)
Within the Rural Residential zone, a maximum of two (2) school buses which are
operative and currently licensed may be parked on the lot and not counted
towards the total number of vehicles allowed on the site provided that the school
bus:
a.
Is parked further from the public road than the front wall of the structure;
b.
Is either parked in an enclosed structure or shielded from view from adjacent
properties through the use of landscaping; and
c.
The width of the driveway, or any area dedicated to off-street parking on the
premises, shall not exceed 40 percent of the width of the front lot line.
3.6. Parking and Storage of Unlicensed Motor Vehicles
(1)
Unless otherwise specifically permitted in this By-law, the parking, storing or
locating of abandoned, wrecked or discarded motor vehicles; and motor vehicles
without current license plates is prohibited in residential zones, except that:
a.
Motor vehicles may be stored inside a private garage;
b.
One such vehicle may be stored In a screened area not visible from any
street or adjacent lot;
c.
Seasonal vehicles, necessary for lawn care and winter maintenance are
permitted; and
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d.
Boats, recreational vehicles, trailers or similar vehicles as prescribed
elsewhere in this By-law.
3.7. Parking Standards for Residential Zones
(1)
Motor vehicle parking on residential zoned lots with dwelling units, except for
Apartment dwellings, must meet the following requirements:
a.
Motor vehicles may be parked on a driveway, such driveway must be a
minimum of 23 feet in length:
i.
in the front yard leading to a parking space inside an attached garage;
ii.
in the front yard leading to a parking space in the side yard leading to
a parking space, detached or attached garage next to the principal
building;
iii.
in the rear yard as accessed directly from a public lane at the rear of
the dwelling; or
iv.
in the rear yard as accessed directly from a public road at the side of
the dwelling.
b.
Motor vehicles shall not be parked on a driveway in a front yard leading to
the front of a principal building; and
c.
A maximum of two (2) vehicles may be parked on a driveway in the front
yard leading to a parking space in the principal building or in a side or rear
yard; or a maximum of four (4) vehicles, provided they are parked in
tandem.
(2)
Motor vehicle parking on residential zoned lots with Apartment dwellings must
meet the following requirements:
a.
A surface parking area having eight or more parking spaces and which is
visible from an abutting public right-of-way, the perimeter of the parking
area shall be screened from public view with an opaque fence or shrubs
(minimum mature height of 2.6 feet) planted one every 2 feet on centre in
a 3 foot wide planting bed which extends the length of the parking area
public road frontage; and
b.
Where, because of conditions not conducive to good horticultural
practices, a screen planting cannot reasonably be expected to survive, the
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Development Officer shall require a masonry wall, wood fence or earth
berm, or combination thereof, to be substituted for the requirements
above.
(3)
Parking spaces in R1, R2, and RR Zones may be accessed directly from a rear
public lane, and the public lane considered as an aisleway for the parking space.
(4)
The following provisions shall apply to residential uses that are permitted in the
Residential Zones in this By-law:
a.
Driveways shall be permitted subject to other provisions of the Zoning By-
law and subject to the approval of an entrance permit application by the
Municipality;
b.
The maximum width of driveways shall be 20 ft in R1 and R2;
c.
The maximum width of any abutting shared driveways along a common lot
line shall be 30 feet;
d.
The maximum width of a driveway cannot exceed 40% of the lot frontage,
or 32 feet, whichever is less in the RR and R2 zones; and
e.
The minimum separation distance of 50 feet shall be required between two
driveways on one lot.
(5)
Parking accessory to Single Detached, Semi-Detached, Duplex, Triplex and
Quadplex Dwellings shall be limited to a maximum of 6 passenger vehicles,
which shall be substituted when any of the following is also parked on the site:
a.
A maximum of 1 travel trailer or 1 motor home; or 1 recreational vehicle;
b.
A maximum of 1 truck having a registered gross vehicle weight between
10,001 pounds and 19,500 pounds; or
c.
A maximum of 1 truck with a registered gross vehicle weight greater than
10,001 pounds and less than 33,000 pounds where permitted in the
underlying zoning.
3.8. Parking Standards for Non-Residential Zones
(1)
Motor vehicle parking non-residential zoned lots must meet the following
requirements:
a.
A parking area having eight or more parking spaces and which is visible
from an abutting fronting or flanking public right-of-way on a corner lot, the
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perimeter of the parking area shall be screened from public view with an
opaque fence or shrubs (minimum mature height of 3 feet) planted one
every 2 feet on centre in a 4 foot wide planting bed which extends the
length of the parking area public road frontage or flankage except where
motor vehicles access the parking area via a driveway or rear public lane;
b.
Where, because of conditions not conducive to good horticultural
practices, a screen planting cannot reasonably be expected to survive, the
Development Officer shall require a masonry wall, wood fence or earth
berm, or combination thereof, to be substituted for the requirements
above; and
c.
Parking spaces in CM Zones may be accessed directly from a rear public
lane, and the public lane considered as an aisleway for the parking space.
3.9. Outside Vehicle Display Areas
(1)
If a surface parking area is used as a vehicle display area for the exhibition, sale,
or rental of automobiles, light trucks, motorcycles, boats, recreational vehicles,
off-road vehicles, or similar items, the owner must comply with the following
additional provisions. In the event of a conflict between these provisions and
other provisions of this By-law, these provisions shall prevail:
a.
A minimum two (2) ft setback from the property line must be maintained
when abutting a public right-of-way or an adjacent property;
b.
A wheel stop must be installed with a minimum of 2.5 feet setback
minimum from the property line when abutting a public right of way. The
intent is to prevent vehicle overhang onto public right of ways or sidewalks.
Bollards can be used as an alternative, which may allow better pedestrian
circulation;
c.
All outdoor vehicle display areas that abut a Residential Zone shall be
obscured from direct view by providing a visual screen at least 4 feet in
height; and
d.
The size, location, screening and landscaping of the outdoor vehicular
display areas for Automotive and Minor Recreational Vehicle Sales/Rentals
shall be subject to the approval of the Development Officer, who shall
ensure that development of the site is compatible with the appearance of
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Site design of surrounding developments.
3.10. Outside Storage
(1)
No rubbish, salvage materials, junk, hazardous waste materials, including
inoperable vehicles and parts thereof and any combustible matter shall be openly
stored, allowed to accumulate or kept in the open unless the underlying zoning
allows for such a use and the outside storage is screened from view from any
public roadway, and from adjacent sites, by building walls, landscape materials,
berms, fences or a combination of these.
(2)
A portion of a site or an entire site with storage of goods or vehicles outside of
enclosed structure shall be surrounded by a fence of solid opaque materials of not
less than 6.60 feet and up to a maximum height of 8.00 feet where such
property abuts or is adjacent to a residential zone when the underlying zoning
allows outside storage.
(3)
If an outside storage area is used only for outside storage, and not for operations
and maintenance related to the principal use or structure, the outside storage
area must be located to the rear of a line adjacent to and parallel with the front
wall of the principal building.
(4)
If the outside storage area is also used for operations and maintenance related to
the principal use or the structure, then the outside storage area must be located
to the rear of a line adjacent to and parallel with the rear wall of the principal
building.
(5)
Outside storage of sand, gravel, soil, or other loose aggregate is prohibited within
300 ft of the boundary of any residential zone.
(6)
Outside storage areas shall be surfaced with the same or similar material of the
public right-of-way to which the outside storage area takes access from.
(7)
When outside storage areas are gravel surfaces, the gravel surface shall be
treated with bio-degradable herbicide and dust inhibitor to limit the generation of
weeds and dust, and shall be maintained thereafter to the satisfaction of the
Development Officer.
(8)
Outside storage is not permitted in any required yard setbacks.
(9)
All loading, service, garbage and recycling, outside storage areas, and approach
aprons in industrial and commercial zones shall be located to the rear or sides of
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the principal building, and shall be screened from view from any public roadway,
and from adjacent sites, by building walls, landscape materials, berms, fences or a
combination of these.
(10) The size, location, screening and landscaping of the outdoor storage areas for a
principal or accessory use shall be subject to the approval of the Development
Officer, who shall ensure that development of the site is compatible with the
appearance of Site design of surrounding developments.
3.11. Outside Storage of Hazardous Uses [Dangerous Goods]
(1)
No commercial-related or industrial-related dangerous goods, including
Anhydrous Ammonia Facilities, shall be stored in significantly large quantities in
a location within the following Measurement of Distances:
a.
5,000 feet from any building that has under the Manitoba Building Code or
the Manitoba Fire Code, an Occupancy Class of Group A (Division 1, 2, and
3); Group B (Division 1, 2, and 3), and Group C.
b.
5,000 feet from a Water Treatment Plant, and property line with the wells or
the reservoir that provide the raw water to a Water Treatment Plant.
c.
5,000 feet from the boundaries of an Urban Policy Area, Rural Residential
Policy Areas, Tourism Policy Areas, and Natural Lands Policy Areas as
defined in the Development Plan.
d.
5,000 feet from Whitewater Lake, Dromore Lake, Lake Metigoshe,
Sharpe Lake, Partridge Lake, Stanley Lake, Flossie Lake, and Deloraine
Reservoir as identified in Zoning By-Law 2022-01 Schedule B: Maps
e.
1,640 feet from a building with habitable spaces.
f.
300 feet from the edge of the rights-of-way of Provincial Trunk Highways,
Provincial Roads as well as all Provincial Access Roads.
(2)
In this section, the Measurement of Distances means the distance is to be measured
from:
a.
The dangerous goods storage container of the dangerous good.
b.
When applicable, from the dangerous goods storage container to the
nearest wall of a residential, commercial, institutional or industrial building.
(2)
For sites that do not meet separation requirements above, the operators must
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engage annually with the Development Officer regarding emergency
preparedness sessions, and any further expansion or enlargement shall require a
conditional use.
(3)
Notwithstanding other provisions of this by-law, all sites with the outside storage
of dangerous goods shall be encircled with a minimum 6.60 foot high chain link
fence with three strands of barbed wire, and shall provide means of emergency
egress and be locked when the site is not in use.
(4)
All sites with the storage of dangerous goods shall have some form of outdoor
security lighting.
(5)
All sites with the storage of dangerous goods must be posted with a Dangerous
Goods warning signage approximately 16 to 32 square feet in size and located
at the entrance to the storage operation that includes the following:
a.
Warn of the presence of dangerous goods;
b.
The hazard class of dangerous goods is indicated either by its class (or
division) number or name;
c.
24 hour contact for the company;
d.
24 hour contact for emergency services; and
e.
Nearest Location of a publicly available phone.
3.12. Loading Space Requirements
(1)
All loading spaces shall be designed, constructed and maintained in accordance
with the following provisions:
a.
Each loading space shall have a minimum width of 10 feet, a minimum
length of 30 feet and a minimum vertical clearance of 14 feet, and each
space shall be visibly designated and marked.
b.
Driveways used for ingress and egress shall be clearly marked.
c.
Loading spaces shall not be located within any required front or exterior side
yards, and shall not overlap with any required parking spaces, drive ways, or
aisleways.
d.
Where a loading space is located in any yard abutting a residential zone, the
loading space(s) must be screened from the residential area by an opaque
fence or hedgerow of at least 6.60 feet in height.
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e.
Where a loading space is located in any yard abutting public right-of-way(s),
the loading space(s) must be screened from the public right-of-way(s) by an
opaque fence or hedgerow of at least 6.60 feet in height, except in a corner
sight triangle area where the height of the screening and fencing shall next
exceed 3.00 feet.
(2)
The following table indicates the required loading spaces for all commercial,
industrial, and institutional zones excluding the CM Zone:
3.12.1. Table 10: Loading Space Requirements
Floor Area of Building
Minimum Number of
Loading Spaces
(a) Up to and including 5,000 square
feet
0
(b) 5,001 square feet up to and
including 15,000 square feet
1
(c) 15,001 square feet up to and
including 40,000 square feet
2
(d) Over 40,000 square feet
1 space for each additional 25,000
square feet or portion thereof
3.13. Surfacing of Parking and Loading Areas
(1)
All accessory off-street parking and loading areas, including the entrances and
exits, aisleways and maneuvering areas, shall be maintained with a stable hard
surface, such as crushed stone, gravel, crushed brick or tile, cinders, paving
stones, asphalt or concrete.
(2)
Off-street parking and loading spaces provided in front of the principal building
shall have the same or similar hard surfacing as the abutting public right-of-way
the site abuts.
(3)
Off-street parking when a Parking Lot, shall have the same or similar hard
surfacing as the abutting public right-of-way the site abuts.
(4)
When off-street parking and loading spaces are gravel surfaces, the gravel surface
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shall be treated with bio-degradable herbicide and dust inhibitor to limit the
generation of weeds and dust, and shall be maintained thereafter to the
satisfaction of the Development Officer.
3.14. Drive-Through Facility
(1)
Where a drive-through facility is allowed, off-street motor vehicle queuing spaces
must be provided for that drive-through facility leading both to and from each
service bay, window, kiosk or booth for the uses specified and at the rate set out in
Table 11.
(2)
All drive through facilities and queuing spaces shall be designed, constructed and
maintained in accordance with Table 11 and the following provisions:
a.
Each queuing space shall be a minimum of 10 feet in width and 18 feet in
length.
b.
No queuing line, drive-through window or order board may be located
within 10 feet of any lot line abutting a residential zone.
c.
Where a queuing line, drive-through window or order board is located 10
feet or more from a residential zone, but is still within a yard abutting a
residential zone, it must be screened from view from that residential zone by
an opaque screen of fencing; or landscaping with hedges and/or trees, with
a minimum height of 5 feet.
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3.14.1. Table 11: Required Drive-Through Queuing Spaces
Use
Minimum Queuing
Space
Measured From
(a) Car Wash - Automatic
3
2 before the entrance to wash,
plus one between vehicle exit
from each bay and the point of
vehicle egress to the public
street.
(b) Car Wash - Self Service
2 per bay
One before the entrance to
each bay, plus one
between vehicle exit from
each bay and the point of
vehicular egress to the
public street.
(c) Finance and Insurance with
automated teller machine
(ATM)
3 before each ATM // One
after each ATM
Teller window or ATM.
(d) Restaurant with drive-
through facility
6 per order line
3 before order box
3 between order box and pick-
up
window.
(e) Other uses with
accessory drive-through
facility
2
Pick-Up Window
3.15. Signage Regulations
The following provisions shall apply to all signs erected or maintained within the area covered
by this Zoning By-law, except wherein otherwise stated:
(1)
Signs and sign structures may be allowed as accessory uses in accordance with
Table 12.
(2)
All signs shall comply with the minimum yard setback requirements for accessory
signs as provide in this by-law for the zoning district in which the signs are to be
located or erected.
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(3)
Billboards and other signs directing attention to a business, commodity or
message offered elsewhere than upon the same zoning lot on which that sign is
located may only be allowed in zones where Advertising Signs are allowed. Such
signs must also be constructed in accordance with Table 12, and subject to the
issuance of a development permit.
(4)
All new digital signs are Conditional Uses that are subject to Council approval,
and include the following additional requirements:
a.
Limited to a total surface area of a maximum of 16 square feet.
b.
Must be turned off from 10:00 pm to 7:00 am every day of the week; and
c.
Must utilize automatic dimming.
(5)
No sign or sign structure shall be erected at any location where it may interfere
with or obstruct the view of any street, intersection or railroad grade crossing, or
be confused with any authorized traffic sign, signal or device. No rotating beam,
beacon or flashing illumination resembling an emergency light shall be used in
connection with any sign display.
(6)
No sign may contain flashing lights or digital images unless specifically allowed in
Table 12. All signs with flashing lights are prohibited within 100 feet of
Residential Zones.
(7)
No sign or sign structure shall be erected or maintained on, over or above any
land belonging to the Municipality without a development permit, unless
expressly permitted in this By-law and in accordance with the conditions of such
permission as set out in this By-law.
(8)
The placing of signs within the controlled areas of a Provincial Road or Provincial
Trunk Highway shall require a permit from the applicable provincial authority.
(9)
All signs and sign structures shall be kept in good repair and in a proper state of
preservation.
Abandoned Signs
(10) Signs which have become obsolete because of discontinuance of the operation or
activity, or are not maintained in good condition or repair, or have become
abandoned signs, shall be repaired, removed or relocated within 30 days
following notice by the Development Officer.
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(11) No sign shall obstruct required parking space, or impedes any fire escape, fire exit, fire
route, functional door, false door, functional window, false window, scuttle, skylight, flue
or air intake or exhaust so as to prevent or impede the free access of emergency
personnel to any part of premises including fire department Siamese connections and
fire hydrants.
3.15.1. Signs Not Requiring a Development Permit
The following signs shall not require a development permit. However, they must still comply
with any applicable standards in this By-law:
(1)
Signs posted by duly constituted public authorities in the performance of their
public duties.
(2)
Identification signs for Place of Worship, Elementary and Secondary Schools,
Community Centre, Child Day-Care Services, Community Gardens, and Waste
Disposal Grounds that do not exceed 32 square feet per site.
(3)
Flags or emblems of a national, provincial, political, civic, educational or religious
organization, or government.
(4)
Commemorative or memorial signs, tablets, or cairns.
(5)
Public Information Signs.
(6)
Temporary signs not erected for not more than 30 consecutive days that are non-
illuminated and less than 32 square feet include: community special events, public
information signs, real estate signs, construction signs, garage sale signs and
similar located, erected or displayed with the consent of the property owner.
(7)
Election signs during Federal, Provincial, Municipal, and School Board election
periods and up to 7 days after the election date.
(8)
Window signs, unless such signs occupy more than 50% of a window surface
(calculated between mullions) on any facade of the principal building in which
case they are treated like a fascia sign.
(9)
Mural signs.
(10) Awning signs with signage incorporated in the design or awning material.
(11) Residential on-site identification signs [Building Address Sign] or warning signs
(such as "Private Property" signs and similar) not exceeding two (2) square feet
each in surface area.
(12) Signs as regulated and provided under Home Enterprises that identify a home
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occupation or a home based business on a private property or premises.
(13) Signs required for direction and convenience of the public, including signs
identifying restrooms, parking entrances, loading areas not exceeding 5 feet in
sign surface area to a maximum 6 feet above the curb or grade.
(14) Warning signs for Dangerous Goods provided the sign surface area does not
exceed 32 square feet.
3.15.2. Accessory Signs
(1)
The owner may erect and maintain accessory signs, except billboards, to all sites
and uses other than any residential zone subject to the following standards:
Freestanding Signs
a.
Up to 10% of the maximum permitted sign area of any freestanding sign
may be installed on the support structure for the sign face.
b.
Each free-standing accessory sign must be set back from each side lot line of
an adjoining use a distance equal to at least 50% of the height of that sign;
setback from the front lot line to at least 50% of the height of that sign; and
shall not project into the required setback for corner lot triangles and
Setbacks for Commercial or Industrial Near Residential Land-Uses.
Roof Signs
c.
Roof signs, other than signs on mansard style roofs, are not permitted. On
mansard roofs, roof signs may be attached to the sloping portions of the
roof, but must not extend beyond the parapet height, and must not be
located on the horizontal portion of the roof.
Fascia Signs
d.
Fascia signs may have an emblem, logo, or other unique features projecting
above the building wall if the sign projection is not more than 2 feet above
the building wall or parapet wall and the total projection does not exceed 25
square feet. The area of the projection must be counted towards the total
sign area allowed.
Projecting Signs
e.
The minimum height above-grade to the bottom edge of projecting signs
must be 9 feet.
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Billboard Poster Signs
(2)
A billboard poster sign must not face an abutting or adjacent residential use
unless the billboard sign is not visible from the abutting or adjacent residential
use.
a.
If the billboard poster sign is attached to a building or is free standing within
5 feet of a building, the maximum permitted height of the billboard sign is
the height of the building wall.
b.
The maximum height of a billboard poster sign shall be 30 feet and the
maximum sign surface area shall be 200 square feet.
c.
A billboard poster sign is not considered in the calculations of Permitted
Surface Area per Zoning Lot for freestanding signs.
Signs Attached to Building
(3)
Signs "attached to buildings" include fascia signs, projecting signs, awning signs,
marquee signs, and canopy signs.
(4)
Signs Attached to Building Sign surface area is calculated as follows:
a.
Sign surface area includes the entire area of the smallest rectangle that
encloses the extreme limits of any writing, representation or emblem forming
part of the display, and also includes 10% of the area of the wall outside of
that rectangle where a colour or material is applied that is a colour or
material in that fascia sign.
b.
Sign surface area does not include non-illuminated signs visible through
windows in the building facade, provided that such signs do not exceed 30%
of the glazed surface on any facade of the building. Allowable window
signage is not transferable to the glazed surface on another facade of the
building.
c.
In calculating wall area for purposes of determining maximum sign surface
area, only the first storey or 15 feet (whichever is lower) of the building may
be used. Allowable sign surface area is not transferable to another wall.
Free-Standing and Mobile Signs
(5)
Sign surface area is calculated as follows for free-standing and mobile signs:
a.
Sign surface area includes the entire area of the smallest rectangle that
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encloses the extreme limits of any writing or symbol, background colour or
material, and any embellishment of the supporting structure forming part of
the display;
b.
Sign surface area includes the total area of all faces exhibited or intended for
display, except where two faces are parallel and located back-to-back, sign
surface area includes the area of only one such face, and if the two parallel,
back-to-back faces are not equal, then the sign surface area is the larger of
such faces.
District-Specific Regulations
(6)
All signs, accessory to any use, must be consistent with the standards shown in
Table 12, the first column indicates a zoning district or districts. The second
column indicates the sign type. The third and fourth columns indicate dimensional
requirements for each sign type. Signs must comply with all dimensional
standards applicable to the zoning district where the property is located. Signs
are not permitted for zones or land-uses not included in Table 12, unless
provided for elsewhere in this By-law.
3.15.3. Building Address Sign
This section shall not apply to agricultural operations except for single detached dwellings
associated with agricultural operations:
(1)
The address, unit number of every building (and the name of the building, if
applicable), or a lot and block number, shall be physically attached to the
building or otherwise posted on the subject property on which the building is
located, so as to be clearly visible from the public road or private road on which
the building is located. The address and unit number of every building (and the
name of the building, if applicable), or a lot and block number shall not be
included in any calculations regulating sign surface areas.
(2)
Where a building is in a location that results in its number or name not being
clearly visible from the public road or private road on which it is located, the
number and name must be both attached to the building and displayed in
another form that is clearly visible from the public road or private road.
(3)
Where more than one building is located on a subject property, the requirement
that the numbers and names be displayed in another form that is clearly visible
from the public road or private road may be met by displaying the range of
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building numbers and names on that lot on signage to be approved by the
Development Officer.
(4)
The building numbers and names required to be attached or displayed by this
By-law must be of a colour that contrasts with the colour of the structure to which
they are attached so as to be clearly visible from the public road or private road
on which the building is located and of a height as determined by and to the
satisfaction of the Development Officer.
(5)
Other numbers or names attached to any buildings on the properties that could
be confused with the address numbers or building names should not occur.
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3.15.4. Table 12: District Specific Sign Regulations
Zone
Type
Maximum
Height
Permitted
Surface Area
Per Zoning
Lot
Requirements
a) AL, M1,
M2, EA
(i) Free-
Standing
8 ft above
grade
1.25 ft
2 per
foot of
frontage
to a
maximum
323 ft
2
Not permitted in a required yard
abutting an R1, R2, R3, RR zone.
(ii) Wall Sign
Wall Height
Maximum
25% of
building
wall
Must not project more than 6.5 ft
from the wall to which the sign is
affixed.
b) OS
c) IN
(i) Free-
Standing
20 ft above
grade
96 ft
2
(ii) Digital
Reader
Board
20 ft above
grade.
16 ft
2
Allowed only for elementary and
secondary schools, community
centres, golf courses, places of
worship, Hospitals, Stadiums/
Arenas, and civic buildings.
Must be turned off from
10:00 pm to 7:00 am every day of
the week.
Must utilize automatic dimming.
May be added to a 96 ft
2 Free
Standing Sign.
(iii) Wall Sign
Wall
Height
Maximum
25% of
building
wall
Must not project more than
6.5 ft from the wall to which the
sign is
affixed.
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Zone
Type
Maximum
Height
Permitted
Surface Area
Per Zoning
Lot
Requirements
d) OS
e) IN
(i) Inflatable
18 ft
maximum
height from
grade
Only one inflatable sign shall be
permitted per site.
Only allowed as a temporary sign
that may be displayed for no
more than 15 days within a 6
month period.
Must be setback 3 ft from front line,
15 ft from corner site lines, and 10 ft
from driveway entrances.
f) CM
(i) Free-
Standing
8 ft above
grade
48 ft
2
maximum
(ii) Wall Sign
Wall Height
10% of
building
wall to a
maximum
of 323 ft
2
Must not project more than 5 ft
from the wall to which the sign is
affixed.
g) CH
(i) Free-
Standing
35 ft above
grade
323 ft
2
Maximum of one sign per lot.
(ii) Wall Sign
Wall Height
Maximum
25% of
building
wall
Must not project more than 6.5 ft
from the wall to which the sign is
affixed.
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Zone
Type
Maximum
Height
Permitted
Surface Area
Per Zoning
Lot
Requirements
(iii) Mobile
Sign
10 ft above
grade
48 ft
2
maximum
area for a
single face
Must not include any flashing
lights including digital.
Maximum of one sign per lot.
Only allowed to occupy one
parking space where there is
no practical alternative.
Erected for not more than 30
days during each calendar year
unless extended for an
additional 30 days with a
Conditional Use.
Must be setback 3 ft from front
line, 15 ft from corner site
lines, and 10 ft from driveway
entrances.
(iv) Inflatable
18 ft
maximum
height from
grade
Only one inflatable sign shall be
permitted per site.
Only allowed as a temporary
sign that may be displayed for
no more than 15 days within a 6
month period.
Must be setback 3 ft from front
line, 15 ft from corner site lines,
and 10 ft from driveway
entrances.
(v) Billboard
Poster
Signs
30 ft
maximum
height from
grade.
Maximum
sign
surface
area shall
be 200 ft
2
A billboard poster sign must not
face an abutting or adjacent
residential use unless the billboard
sign is not visible from the abutting
or adjacent residential use.
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4. Provisions for Infill Residential Housing
4.1. Accessory Dwelling Units
An Accessory Dwelling Unit (ADU) is a second dwelling unit created on a lot with a principal
use. The second unit is created auxiliary to, and is smaller than, the principal use. ADUs can be
created in a variety of ways, including conversion of a portion of an existing single-detached
dwelling, addition to an existing single-detached dwelling, conversion of a portion of an
existing garage, conversion of an existing garage or the construction of an entirely new
detached accessory building.
4.1.1. Requirements For All Accessory Dwelling Units
(1)
All accessory dwelling units must meet the following:
a.
Location of entrances. Only one entrance may be located on the facade of a
single-detached dwelling facing the fronting public road, unless the single-
detached dwelling contained additional entrances before the accessory
dwelling unit was created. An exception to this regulation is entrances that
do not have access from the ground such as entrances from balconies or
decks; and entrances that face a side public road on a corner lot. Detached
accessory dwelling units, and ADUs in Agricultural Limited and Industrial
zones are exempt from this standard.
b.
Parking. No additional parking spaces are required for the accessory
dwelling unit. Existing required parking must be maintained or replaced on-
site.
c.
The minimum livable floor area for all Accessory Dwelling Units shall not be
less than 320 square feet.
d.
Only one of a Secondary Suite, a Garage Suite or Garden Suite may be
developed in conjunction with a principal use.
e.
Shall not be subject to separation from the principal use through a
condominium conversion or subdivision.
(2)
Accessory dwelling units shall not be included in the calculation of densities in
this By-law.
(3)
Accessory dwelling units shall not be located in any zone unless approved as a
Conditional Use.
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4.1.2. Secondary Suites
An accessory dwelling unit may be constructed within and accessory to a Single Detached
Dwelling, including an attached garage, subject to the following standards:
(1)
The maximum livable floor area of the Secondary Suite shall be as follows:
a.
Where a Secondary Suite is located completely below the first storey of a
Single Detached Dwelling (other than stairways or a common landing), the
below grade floor area (excluding the area covered by stairways) shall not
exceed the ground floor area of the associated principal dwelling.
b.
Where a Secondary Suite is developed completely or partially above grade,
the livable floor area (excluding the area covered by stairways) shall not
exceed 40% of the gross floor area of the building containing the associated
principal Dwelling, nor 800 square feet whichever is the lesser.
c.
Must have an entrance separate from the entrance to the principal dwelling,
either from a common indoor landing, or directly from the side or rear of the
structure.
4.1.3. Garage Suites
(1)
An Accessory Dwelling Unit may be constructed above a detached Garage
(above grade); or a single-storey attached to the side or rear of, a detached
Garage (at-grade) that is accessory to a Single Detached Dwelling, subject to the
following standards:
a.
The maximum livable floor area of the Garage Suites shall be as follows:
i.
Where above a detached Garage, the livable floor area (excluding the
area covered by stairways) shall not exceed 640 square feet.
ii.
Where attached to the side or rear of a detached Garage, the livable
floor area (excluding the area covered by stairways) shall not exceed
530 square feet.
a.
Must be located behind the rear wall of the principal building. For the
purpose of this regulation, the rear wall of the principal building is the wall
furthest from the wall with the facade facing the fronting public road.
(2)
Detached accessory buildings with Garage Suites must meet the development
standards for detached accessory structures in this By-law, except the above
grade Garage Suites may be in an accessory building with a maximum height of
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22 feet.
(3)
Roof top decks and balconies, shall be allowed as part of a Garage Suite
developed above a detached Garage only where the deck or balcony faces a lane
or a flanking public road.
(4)
Windows contained within the Garage Suite portion of the detached Garage shall
be placed and sized such that they minimize overlook into yards and windows of
abutting properties through one or more of the following:
a.
Off-setting window placement to limit direct views of abutting rear or side
yard amenity spaces, or direct view into a dwelling unit window on an
abutting site;
b.
Strategic placement of windows in conjunction with landscaping or the
placement of other accessory buildings; and
c.
Placing larger windows such as living room windows, to face a lane, a
flanking public road, or the larger of any side yard abutting another property.
(5)
Must have an entrance separate from the motor vehicle entrance to the detached
garage, either from a common indoor landing or directly from the exterior of the
structure.
(6)
Site Plan Approval shall be required by the Development Officer and the Board,
prior to the issuance of any building or development permits, for the on-site
locations and designs of all parking areas, private approaches, garbage areas, and
fencing, all of which shall be maintained to the satisfaction of the Development
Officer.
4.1.4. Garden Suites
(1)
An Accessory Dwelling Unit may be located in a detached accessory structure to
a principal use subject to the following standards:
a.
The maximum livable floor area of the Garden Suite shall be 530 square
feet.
b.
Must be located behind the rear wall of the principal building. For the
purpose of this regulation, the rear wall of the principal building is the wall
furthest from the wall with the facade facing the fronting public road.
(2)
Detached accessory buildings with Garden Suites must meet the development
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standards for detached accessory structures in this By-law.
(3)
Windows contained within the Garden Suite shall be placed and sized such that
they minimize overlook into yards and windows of abutting properties through
one or more of the following:
a.
Off-setting window placement to limit direct views of abutting rear or side
yard amenity spaces, or direct view into a dwelling unit window on an
abutting site;
b.
Strategic placement of windows in conjunction with landscaping or the
placement of other accessory buildings; and
c.
Placing larger windows such as living room windows, to face a lane, a
flanking public road, or the larger of any side yard abutting another property.
(4)
Site Plan Approval shall be required by the Development Officer and the Board,
prior to the issuance of any building or development permits, for the on-site
locations and designs of all parking areas, private approaches, garbage areas, and
fencing, all of which shall be maintained to the satisfaction of the Development
Officer.
4.2. Conversion of Residential Buildings
(1)
Converted dwellings may be allowed to be created from a single detached
dwelling into a Semi-detached Dwellings, Duplex Dwellings, Triplex dwellings; or
in the R2 zone into Duplex Dwellings, Triplex Dwellings, Quadplex Dwellings,
Rooming and Boarding Houses, or Community Care Facilities subject to the
following:
a.
The Single Detached Dwelling shall have existed prior to the passing of this
By-law;
b.
Shall be subject to the provisions of the bulk standards of the underlying
zoning district for dwelling types and the parking requirements;
c.
Shall only be located on a corner lot with direct access to a rear public lane
for parking subject to the requirements of the section on Dwellings on
Corner Lots; and
d.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for the
on-site locations and designs of all parking areas, private approaches,
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garbage areas, and fencing, all of which shall be maintained to the
satisfaction of the Development Officer.
4.3. Dwellings on Corner Lots
(1)
Semi-detached Dwellings, Duplex Dwellings, Triplex Dwellings and Quadplex
Dwellings may be allowed on corner lots subject to the following:
a.
Corner lots should have, where possible, two active frontages that provide
opportunities to have entrances on both sides;
b.
Each dwelling unit shall have a minimum livable floor area of at least 800
square feet;
c.
The building's parking area should have direct access to a rear public lane
from which parking stalls can be directly accessed;
d.
The parking area shall have a minimum interior side yard of 2 feet, and a
minimum exterior side yard of 4 feet that shall provide screening such as a
fence or hedge a minimum of 3 feet in height; and
e.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for the
on-site locations and designs of all parking areas, private approaches,
garbage areas, and fencing, all of which shall be maintained to the
satisfaction of the Development Officer.
(2)
Semi-detached Dwellings, Duplex Dwellings, Triplex Dwellings, Multiple
Attached Dwellings, Stacked Dwellings, Rooming and Boarding Houses, and
Community Care Facilities may be allowed on corner lots subject to the
following:
a.
Corner lots should have, where possible, two active frontages that provide
opportunities to have entrances on both sides;
b.
Each dwelling unit shall have a minimum livable floor area of at least 800
square feet;
c.
The building's parking area should have direct access to a rear public lane
from which parking stalls can be directly accessed;
d.
The parking area shall have a minimum interior side yard of 2 feet, and a
minimum exterior side yard of 4 feet that shall provide screening such as a
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fence or hedge a minimum of 3 feet in height; and
e.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for the
on-site locations and designs of all parking areas, private approaches,
garbage areas, and fencing, all of which shall be maintained to the
satisfaction of the Development Officer.
4.4. Rooming and Boarding Houses
Rooming and Boarding Houses shall comply with the following regulations:
(1)
The maximum occupancy shall be 4 residents.
(2)
Shall be developed as either a purpose-built freestanding structure, part of an
Apartment Dwelling development, or Single Detached Dwelling converted for
this purpose subject to the provisions of the Conversion of Residential Buildings.
(3)
Shall only be located in a Zone where Rooming and Boarding Houses are
allowed.
(4)
Shall require all units operated by a single provider when a Duplex Dwelling,
Semi-detached Dwelling or Triplex Dwelling is converted for the purpose of
Rooming and Boarding Houses.
(5)
Sleeping Units shall be limited in food preparation facilities to bar fridge, mini-
sink, and microwave.
(6)
No Home Enterprises, Secondary Suite, or Garage Suite shall be permitted as
part of a Rooming and Boarding Houses development or on the site of such
development.
(7)
Where a Rooming and Boarding Houses is designed as a freestanding structure
it shall be of a size, scale, and outward appearance that is typical of surrounding
area subject to:
a.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for the
on-site locations and designs of all parking areas, private approaches,
garbage areas, and fencing, all of which shall be maintained to the
satisfaction of the Development Officer.
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4.5. Community Care Facilities
Community Care Facilities in R2 zones shall comply with the following regulations:
(3)
The maximum occupancy shall be 4 residents for Community Care Facilities.
(4)
Shall be developed as either a purpose-built freestanding structure or a Single
Detached Dwelling converted for this purpose subject to the provisions of the
Conversion of Residential Buildings.
(5)
No Home Enterprises, Secondary Suite, or Garage Suite shall be permitted as
part of the development or on the Site of such development.
(6)
Where designed as a freestanding structure, it shall be of a size, scale, and
outward appearance that is typical of surrounding area subject to:
a.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for the
on-site locations and designs of all parking areas, private approaches,
garbage areas, and fencing, all of which shall be maintained to the
satisfaction of the Development Officer.
4.6. Flag Lots
(1)
The creation of new flag lots is prohibited unless:
a.
The lands proposed for flag lot access are located in a residential zoning
district;
b.
The proposed flag lot has access to a navigable waterway or a public right-
of-way; or
c.
The Development Officer determines that there is no feasible alternative way
to provide access to such lands for the following instances:
i.
when reasonably necessary to eliminate access onto thoroughfares;
ii.
when necessary to make reasonable use of parcels with severe
topography or other physical constraints;
iii.
when a flag lot would provide greater protection of natural resources
areas (e.g., streams); or
iv.
when necessary to accommodate the function of hiding or concealing
utility buildings/substation, or radio, television of communication
towers.
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b.
Approved flag lots are subject to the following requirements:
i.
The flagpole portion that is the access corridor of the lot shall not be
built upon with a structure, or used to calculate lot area, lot width, lot
depth, lot coverage or building setbacks, and the flagpole portion may
not be used to provide off-street parking;
ii.
The minimum width of the strip of land used to provide the access
corridor to the buildable portion of the flag lot shall be 20 feet with a
minimum of 3 feet of landscaping on either side of a driveway that is a
minimum of 10 feet in width;
iii.
The access corridor to the buildable portion of the flag lot shall not
exceed 300 feet in length;
iv.
A common driveway for all dwelling units shall be encouraged with the
preferred location for the driveway on the flagpole portion of the flag
lot, with the interior lot granted a cross access easement over the
flagpole;
v.
The flagpole must be part of the flag lot, connect to a public road and
be under the same ownership as the flag portion of the lot. Access
easements to allow for use of the pole by another lot may be required;
vi.
Adequate vehicle turn-around space on the flag portion of the lot shall
be provided to discourage vehicles from backing out from the site; and
vii.
Within the access corridor on the pole portion of the lot, the owner
must erect and maintain a property address sign for the dwelling on the
flag portion of the lot, said address sign meeting the standards of this
By-law for building addresses.
4.7. Splitting Attached Dwellings on to Separate Lots
(1)
The owner of a lot that has a Semi-Detached Dwelling or a Multiple Attached
Dwelling may split the lot to allow each dwelling unit on its own lot provided that:
a.
The new lot line must be a straight line between the front and rear lot lines,
located in such a manner that the party wall of the semi-detached dwellings
and any applicable accessory structure must form part of the new lot line,
and where the new lot line is unable to form a straight line due to the
irregular shape of the lot or the structure, the location of that new lot line
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must be determined by the conditions of any subdivision approval issued;
b.
Each of the lots created must have frontage on a public road;
c.
The permitted use of each lot created must be for a dwelling unit and
permitted accessory uses and structures only;
d.
The minimum dwelling unit width shall be 18 feet;
e.
Each lot created must provide one parking space with access to this required
parking space being directly from either a public lane or a public road;
however, the parking space must not be in the front yard leading to the front
of the principal structure;
f.
Where a driveway leads from the public front street to a garage located on
the front facade of the dwelling, such driveway must be a minimum of 23
feet in length;
g.
Any parking in a side yard shall be accommodated in side yard with a
minimum width of 10 feet;
h.
Each lot created may provide side yard setbacks less than the underlying
zoning district minimum setback requirements, but exterior lots shall not be
less than 4 feet, except corner side yards shall not be less than 10 feet, and
interior lots shall have a minimum side yard setback along the new lot line
that falls along party walls of 0 [zero] feet.
i.
Each lot for each dwelling may be less than the minimum lot width permitted
under the dimensional standards for the zoning district in which the lot is
located, but shall not be less than 18 feet for the interior lots, not less than
22 feet for the exterior lots, not less than 28 feet when an attached garage
is located on the front façade of the dwelling, and not less than 28 feet
when the new lot is a corner lot.
j.
Each lot for each dwelling in Semi-Detached Dwellings may be less than the
minimum lot area permitted under the dimensional standards for the zoning
district in which the lot is located, but shall not be less than 2,200 square
feet.
k.
Each lot for each dwelling in Multiple Attached Dwelling may be less than
the minimum lot area permitted under the dimensional standards for the
zoning district in which the lot is located, but shall not be less than 1,800
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square feet for the interior lots, not less than 2,200 feet for the exterior lots.
Figure 11: Splitting Semi-Detached Dwellings On To Separate Lots
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Figure 12: Splitting Multiple Attached Dwellings On To Separate Lots
4.8. Bungalow Clusters
(1)
May include Single Detached Dwellings, Semi-detached Dwellings, Multiple
Attached Dwellings, Mobile Homes, or Mobile Units organized around a private
green open space on lands zoned R3.
(2)
The minimum spatial separation between detached dwellings as measured from
building face to building face shall be 4 feet, unless the detached dwellings are
semi-detached and sharing a common party wall.
(3)
The minimum spatial separation between the front wall of the detached dwellings
and the common area that contains the open green space shall be 3 feet.
(4)
The minimum width of the common area open green space shall be 45 feet.
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(5)
In bare land unit condominium developments, each bare land unit, as defined in
Provincial Legislation, which is delineated by horizontal land boundaries, shall be
considered a zoning site as defined by this By-law, for the purposes of
determining site area and width, yards and other requirements.
(6)
A universally accessible, pedestrian route must be provided from the Bungalow
Clusters to a public sidewalk. Where no public sidewalk exists, a suitable
alternative route must be provided subject to the approval of the Development
Officer.
Figure 13: Bungalow Cluster
4.9. Bungalow Courts
(1)
May include Single Detached Dwellings, Semi-detached Dwellings, Multiple
Attached Dwellings, Mobile Homes, or Mobile Units organized around a private
lane, loop street, frontage street or a parking area on lands zoned R3.
(2)
In bare land unit condominium developments, each bare land unit, as defined in
Provincial Legislation, which is delineated by horizontal land boundaries, shall be
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considered a zoning site as defined by this By-law, for the purposes of
determining site area and width, yards and other requirements.
(3)
The roadway surface of the private lane must be hard surfaced with concrete,
asphalt, or paving stone, or a combination of those materials.
(4)
The roadway surface of the private lane must be at least 20 feet wide for two-way
traffic and 12 feet for one-way traffic.
(5)
The two (2) approaches of a loop lane connecting to the public road shall be a
minimum of 60 feet apart.
(6)
The design of the private lane, loop street, and/or frontage street shall be subject
to review and approval by the municipal engineer.
(7)
The common area surrounded by the roadway surface must be at least 5 feet
wide on each side.
(8)
Individual driveways leading from a shared private lane to each dwelling unit must
be at least 20 feet long, as measured between the front of the garage or carport
and the closest pavement edge of the shared private lane.
(9)
The design of the private lane must permit a passenger motor vehicle to back out
of an individual driveway and turn 90 degrees.
(10) The minimum spatial separation between detached dwellings as measured from
building face to building face shall be 6 feet, unless the detached dwellings are
semi-detached and sharing a common party wall.
(11) The minimum spatial separation between the front wall of the buildings and the
common area that contains the roadway shall be 5 feet.
(12) Zoning provisions for building setbacks to lot lines shall apply only to the external
lot lines of the overall plan of condominium, not to internal lot lines resulting from
the registration of any phase of a plan of condominium.
(13) A universally accessible, pedestrian route must be provided from the Bungalow
Courts to a public sidewalk. Where no public sidewalk exists, a suitable alternative
route must be provided subject to the approval of the Development Officer.
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Figure 14: Bungalow Court, Parking
Figure 15: Bungalow Court, Loop Lane
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4.10. Dwelling Unit, Live Work
(1)
The Dwelling and work components of the Live Work Unit shall not be legally
separated through a subdivision or condominium conversion.
(2)
The Dwelling associated with a Live Work Unit shall not contain a Home
Enterprise.
(3)
There may be internal access between the Dwelling and the work components of
the Live Work Unit
(4)
For Live Work Units located at Grade, the Live Work Unit shall contribute to the
pedestrian-oriented character of the street or immediate area with an active
frontage.
(5)
Neither the Dwelling nor the work component of the Live Work Unit shall be less
than 25% of the total floor space of the Live Work Unit.
4.11. Dwelling Units, Commercial Zones
(1)
Residential dwelling units are permitted in all Commercial Zones with the
following provisions:
a.
Dwelling units shall only be located above or to the rear, but within the same
building, of one or more permitted commercial uses that occupy the first
floor of the principal building.
b.
Shall have bathroom and kitchen facilities that are separate from the non-
residential use.
c.
Shall have a building entrance that is separate from the non-residential use
unless a Live Work Unit.
(2)
In the CH Zone, the dwelling unit may be detached from the principal building
such as a Garage Suite, Garden Suite, Mobile Home or Mobile Unit
(3)
In one-storey buildings, residential dwelling units are permitted, provided that:
a.
Commercial uses occupy the front of the building.
b.
Each permitted dwelling unit shall have a minimum livable floor area of 400
square feet.
c.
Livable floor areas comprise no more than 40% of the gross floor area of the
building.
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d.
Shall contribute to the pedestrian-oriented character of the street, the
immediate area, or the high visibility of the highway with an active frontage.
e.
Site Plan Approval shall be required by the Development Officer and
Council, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.12. Dwelling Units, Industrial and Institutional Zones
(1)
A maximum of one dwelling unit shall be permitted in all Industrial and
Institutional Zones as an accessory use to any permitted use with the following
provisions:
a.
The dwelling unit must be occupied by on-site workers, the business owner,
caretaker, security guard or similar employee(s).
b.
Shall have bathroom and kitchen facilities that are separate from the non-
residential use.
c.
Shall have a building entrance that is separate from the non-residential use
unless a Live Work Unit.
d.
May be detached from the principal building such as a Garage Suite,
Garden Suite, Mobile Home or Mobile Unit.
e.
Site Plan Approval shall be required by the Development Officer and
Council, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.13. Dwelling Units, Agriculture Limited Zones
(1)
A maximum of one dwelling unit shall be permitted as an accessory use to any
permitted use in the Agricultural Limited Zones with the following provisions:
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a.
The dwelling unit must be occupied by on-site workers, the business owner,
caretaker, security guard or similar employee(s).
b.
Shall have bathroom and kitchen facilities that are separate from the non-
residential use.
c.
Shall have a building entrance that is separate from the non-residential use.
d.
May be detached from the principal building such Garage Suite, Garden
Suite, Mobile Home or Mobile Unit.
e.
Site Plan Approval shall be required by the Development Officer and
Council, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.14. Mobile Homes and Mobile Units
(1)
No person shall use lands zoned land R1 for the purpose of permanently erecting
or placing thereon a mobile unit or mobile home. A portable dwelling unit that is
designed or used for residential occupancy, built upon or having a frame or
chassis to which wheels may be attached for transportation purposes, whether or
not such structure actually has at any time such wheels, or is jacked up or skirted.
(2)
No person shall use lands zoned land R2 or SRG for the purpose of permanently
erecting or placing thereon a mobile unit or mobile home unless approved as a
conditional use.
(3)
Mobile homes or Mobile Units may be allowed as dwelling units and a principal
structure on lands zoned RMH; and as dwelling units as an Accessory Dwelling
Units in lands zoned 'M' or 'IN'.
(4)
A mobile home park in Bungalow Clusters and Bungalow Courts must meet the
following standards:
a.
more than one mobile home or mobile unit may be permitted on an
approved mobile home park site.
b.
must provide a roadway with a driving surface a minimum of 20 feet wide
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with an all-weather surface that serves all dwellings [that meets the municipal
roadway lighting and surface water drainage standards].
c.
must provide clear identification of a dwelling unit number on each mobile
home or mobile unit.
d.
must provide a centrally located common park space or recreation area
equivalent to a minimum area of 430 square feet per mobile home or
mobile unit in the mobile home park.
e.
shall require site plan approval by the Development Officer and Council for
the on-site location of the site boundaries; foundations, pads, or mobile
home sites; accessory buildings; internal roads; sidewalks and active
transportation paths; vehicle parking; and systems supplying electrical
power, water and sewage disposal. All of which shall be maintained to the
satisfaction of the Development Officer.
(1)
Mobile homes and mobile units, including in mobile home parks in Bungalow
Clusters and Bungalow Courts, each require a development permit. No mobile
home or mobile unit located in the municipality shall receive a development
permit unless it complies with the following regulations:
a.
Mobile homes or mobile units, even those constructed outside the
municipality, must meet the structural standards in The Buildings and
Mobile Homes Act.
b.
Mobile home or mobile unit, when located permanently on a site, shall:
i.
be connected to municipal sewer services and drinking water system
when such services are available on the site.
ii.
be placed and anchored on a permanent foundation.
iii.
have skirting that screens the view of the foundation supports or
wheels.
c.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for the
on-site locations and designs of all parking areas, private approaches,
garbage areas, and fencing, all of which shall be maintained to the
satisfaction of the Development Officer.
4.15. Not Considered Dwelling Unit
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(1)
No truck, bus, shipping container (sea can), motor coach or other vehicle, whether
or not the same is maintained on wheels, shall not be used for habitation as a
dwelling unit either as an accessory dwelling unit or a principal dwelling unit.
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5. Zoning Lands and Land-Uses
5.1. Classification of Uses
(1)
The list of land-uses in this By-law is not exhaustive, nor is it intended to be
exhaustive. New types of land-uses will develop and forms of land-uses not
anticipated may seek to locate in the Planning Area. Any person may apply to the
Development Officer for an interpretation as to whether a proposed land-use falls
within any of the land-use categories or use types in this By-law, and, if so, which
one. The North American Industry Classification System (NAICS) Canada should
provide a valuable resource in determining land-uses into classes and zones since
version (2017 V 2.0) was used extensively to define the land-uses.
(2)
The Development Officer must provide the interpretation in writing, and shall take
into account the nature of the proposed land-use and its potential impacts,
including but not limited to: whether it involves dwelling units, sales; processing,
type of product, storage and amount, and nature thereof; enclosed or open
storage; anticipated employment; transportation requirements; excessive noise,
odour, fumes, dust, toxic material, and vibration likely to be generated; and the
general requirements for public services.
(3)
The Development Officer shall have the authority to provide an interpretation of a
land-use but shall not have the authority to add a new permitted or conditional
use to this By-law without the appropriate public hearing for an amendment to
the text of this By-law.
(4)
An appeal of the Development Officer's interpretation may be made to Council.
5.2. Land-Use Lexicon: Uses of Land Defined
The North American Industry Classification System (NAICS) was jointly created by the
Canadian, US, and Mexican governments to ensure common analysis across all three countries.
The NAICS, the Planning Act, and the Provincial Planning Regulations are used extensively to define
and classify land-uses in this By-law. The following are the land-uses that are classified into the
zoning districts in this By-Law:
Aggregate means a quarry mineral that is used solely for construction purposes or as a
constituent of concrete other than in the manufacture of cement and includes sand, gravel,
clay, crushed stone, and crushed rock.
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Aggregate quarry means a quarry from which aggregate is produced.
Agri-Business means establishments primarily engaged in providing goods and services to
Agriculture Operations including:
Wholesaling merchandise, generally without transformation, and rendering services
incidental to the sale of merchandise that includes mainly land-uses under 'Agricultural
supplies merchant wholesalers' includes:
-
Agricultural feed merchant wholesalers
-
Seed merchant wholesalers
-
Agricultural chemical and other farm supplies merchant wholesalers
-
Storage and distribution of fertilizers such as retailers of anhydrous ammonia
-
Retailing fuels (except heating oil and liquefied petroleum gas) via direct selling
in large quantities or to large vehicles [Bulk Fuel Sales Depot].
-
Storage of petroleum products or other flammable liquids legally stored within a
structure or establishment [Bulk Fuel Storage]
Support activities for crop production includes:
-
Agricultural product sterilization service
-
Crop dusting and spraying service, with or without fertilizing
-
Crop harvesting service
-
Crop planting or seeding services
-
Farm labour contractors
-
Farm management service (crop production)
-
Farm product (crop) sorting, grading or packing service (for the grower)
-
Fertilizer application service
-
Fruit picking service, hand (e.g., apple, strawberry, blueberry, cherry)
-
Grain drying service
-
Soil preparation services (e.g., hoeing, ploughing, rototilling, weeding),
agricultural
-
Threshing service, agricultural crop and plant
Support activities for animal production includes:
-
Artificial insemination services, animal specialties and livestock
-
Breeding services for livestock
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-
Cattle registration service
-
Farriers (horseshoeing)
-
Horses, boarding (except racehorses)
-
Milk testing for butterfat
-
Sheep dipping and shearing services
-
Farm product merchant wholesalers primarily engaged in wholesaling livestock,
grain and other farm products includes:
-
Live animal merchant wholesalers
-
Auctioning livestock
-
Livestock merchant wholesalers
-
Oilseed and grain merchant wholesalers
-
Nursery stock and plant merchant wholesalers
-
Other farm product merchant wholesalers
-
Farm, lawn and garden machinery and equipment merchant wholesalers
engaged in wholesaling new or used farm, lawn and garden machinery,
equipment and parts
-
Live animal merchant wholesaler establishments primarily engaged in
wholesaling live animals including auctioning livestock, with own facilities, and
livestock merchant wholesaler
-
Farm product warehousing and storage means establishments primarily engaged
in operating farm product warehousing and storage facilities, except refrigerated
including grain elevators (storage only), and farm product warehousing and
storage
Agriculture Operations means an agricultural, horticultural or silvicultural operation that is
conducted in order to produce agricultural products on a commercial basis, and includes:
(a)
the production of crops, including grains, oil seeds, hay and forages, and horticultural
crops, including vegetables, fruit, mushrooms, sod, trees, shrubs and greenhouse
crops;
(b)
the use of land for livestock operations and grazing;
(c)
the production of eggs, milk and honey;
(d)
the raising of game animals, fur-bearing animals, game birds, bees and fish;
(e)
the processing necessary to prepare an agricultural product for distribution from the
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farm gate;
(f)
the operation of agricultural machinery and equipment, including the tillage of land
and the application of fertilizers, manure, soil amendments and pesticides, whether by
ground or aerial application; or
(g)
the storage, use or disposal of organic wastes for agricultural purposes.
Agri-Industrial means establishments primarily engaged in manufacturing agricultural
chemicals, including nitrogenous and phosphoric fertilizer materials; mixed fertilizers; and
agricultural and household pest control chemicals. Includes mainly land-uses under
'Pesticide, fertilizer and other agricultural chemical manufacturing' includes:
(a)
Fertilizer manufacturing
(b)
Chemical fertilizer (except potash) manufacturing
(c)
Mixed fertilizer manufacturing
(d)
Pesticide and other agricultural chemical manufacturing
(e)
Nitrogenous, phosphatic or potassic fertilizers, made by mixing purchased materials
(f)
Nitrogenous fertilizer materials, manufacturing
(g)
Fertilizers, mixed, made in plants producing nitrogenous or phosphatic fertilizer
materials
Agri-Manufacturing means establishments primarily engaged in producing food for human
or animal consumption in a manufacturing process using agricultural products provided by
an agricultural operation. Also includes the production of food crops and non-food crops
grown under cover inside greenhouses or warehouses. Land-uses includes:
(a)
Animal food manufacturing
(b)
Grain and oilseed milling
(c)
Flour milling and malt manufacturing
(d)
Oilseed processing
(e)
Fat and oil refining and blending
(f)
Fruit and vegetable preserving and specialty food manufacturing
(g)
Frozen food manufacturing
(h)
Fruit and vegetable canning, pickling and drying
(i)
Dairy product manufacturing
(j)
Fluid milk manufacturing
(k)
Butter, cheese, and dry and condensed dairy product manufacturing
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(l)
Meat product manufacturing
(m)
Animal slaughtering and processing
(n)
Rendering and meat processing from carcasses
(o)
Poultry processing
(p)
Bakeries and tortilla manufacturing
(q)
Bread and bakery product manufacturing
(r)
Commercial bakeries and frozen bakery product manufacturing
(s)
Cookie and cracker manufacturing
(t)
Flour mixes, dough, and pasta manufacturing from purchased flour
(u)
Snack food manufacturing
(v)
Coffee and tea manufacturing
(w)
Beverage and tobacco product manufacturing including Breweries, Distilleries, and
Wineries
(x)
Greenhouse, nursery and floriculture production including: Food crops grown under
cover; Mushroom production; Other food crops grown under cover; Nursery and
floriculture production; Nursery and tree production; and Floriculture production
Agri-Tourism means agricultural operations that are designated to attract, accommodate,
and entertain the visiting public, including tours, on the activities of farming.
Animal Keeping means the keeping of livestock (excludes household pets such as
domesticated dogs and cats) as defined in the Livestock and Livestock Production Act C.C.S.M. c
170 and in quantities, cumulative across all livestock species, less than 10 Animal Units.
Apiculture (Beekeeping) means establishments primarily engaged in raising bees,
collecting and gathering honey, and performing other apiculture activities.
Auction House means a building or portion of a building used for the public sale of goods,
merchandise, or equipment, other than livestock, vehicles or heavy equipment, to the
highest bidder.
Auction Yard means a place where vehicles or heavy equipment (operable or inoperable)
are offered for sale to the highest bidder.
Automobile Dealers means establishments primarily engaged in retailing new and used
automobiles, sport utility vehicles, and light-duty trucks and vans, including mini-vans.
Excludes retailing recreational vehicles (RV), watercraft, motorcycles and snowmobiles.
Automotive Repair and Maintenance means establishments primarily engaged in repairing
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and maintaining motor vehicles, such as cars, trucks, vans and commercial trailers. Includes
Automotive mechanical and electrical repair and maintenance; General automotive repair;
and Car washes.
Bed and Breakfast means establishments primarily engaged in providing short-term
lodging in facilities known as bed and breakfast homes. Bed and breakfast homes are
characterized by a highly personalized service, and usually the inclusion in the room rate, of
a full breakfast, served by the owner or owner-supervised staff.
Boat Dock, Private means a private non-commercial wharf or pier where boats can remain
for loading, unloading or storage and shall include the water space occupied by any boat.
Boat House means a detached accessory building or structure for the storage of watercraft
and watercraft related equipment but does not include open walkways or uncovered
docking facilities or kitchen and bathroom facilities, and is not for human habitation.
Boat Port means an unenclosed accessory building or structure, which is used to place a
boat into or take a boat out of a water body or used to moor, berth or store a boat. This
definition may include a boat launching ramp, boatlift, or dock, but shall not include any
building used for human habitation nor any boat service, repair or sales facility or retail use.
Boat Slip means a single parking space for a boat or other marine vessel, forming part of a
dock, boathouse, boat port or other mooring facility.
Bungalow Clusters [Bare Land Condominium] are dwellings units organized around a
defined private open green space held as a common area that is shared, and where the
zoning provisions for building setbacks to lot lines shall apply only to the external lot lines of
the overall plan of condominium, not to the internal lot condominium unit lines resulting
from the registration of any phase of a plan of condominium.
Bungalow Courts [Bare Land Condominium] are dwellings units organized around a
defined private lane held as a common area that is shared for vehicle access to a public
right-of-way, and where the zoning provisions for building setbacks to lot lines shall apply
only to the external lot lines of the overall plan of condominium, not to the internal lot
condominium unit lines resulting from the registration of any phase of a plan of
condominium.
Cannabis means cannabis as defined in the Cannabis Act (Canada).
Cannabis Cultivation means the micro-cultivation or standard cultivation Federal license
holder under the Cannabis Act for growing of cannabis plants and harvesting material from
those plants, as well as associated activities.
Cannabis Nursery means the nursery cultivation Federal license holder under the Cannabis
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Act for growing of cannabis plants to produce starting material (seed and seedlings) and
associated activities.
Cannabis Distributor means a person who holds a cannabis distributor license issued under
the Liquor, Gaming and Cannabis Control Act.
Cannabis Processing means the legal small-scale or large-scale manufacturing, packaging
and labelling of cannabis products destined for sale to consumers, and the intra-industry
sale of these products, including to provincially/territorially authorized distributors, as well as
associated activities.
Cannabis Store means the premises specified in a retail cannabis licence where the retail
sale of cannabis is authorized under the Liquor, Gaming and Cannabis Control Act.
Car Washes means an establishments primarily engaged in washing and cleaning motor
vehicles including: auto detail shop, automobile washing and polishing, mobile wash unit
(trucks, autos), waxing and polishing. Considered as Automotive Repair and Maintenance.
Cemeteries means establishments primarily engaged in operating sites or structures
reserved for the interment of human or animal remains.
Child Day-Care Services means establishments primarily engaged in providing day-care
services for infants or children. These establishments may care for older children when they
are not in school and may also offer pre-kindergarten educational programs.
Community Care Facilities means establishments primarily engaged in providing residential
and personal care services for persons who are unable to fully care for themselves or who do
not desire to live independently. In some instances, these establishments provide skilled
nursing care for residents in separate on-site facilities. Includes the provision of room, board,
supervision and assistance in daily living services such as housekeeping.
Community Centre means a multi-purpose facility for recreational, social, day care, or
cultural uses where patrons are primarily participants and any spectators are incidental and
attend on a non-recurring basis. Examples include recreation and leisure centres, hockey
and skating rinks, curling, and community halls.
Community Garden means a communal garden provided for the sole use of or
consumption by the individual or individuals working the garden.
Community Health Centres means establishments, with medical staff, primarily engaged in
general out-patient care, which provides the services of a variety of health practitioners
within the same establishment. These establishments are often referred to as clinics or
centres and must not be confused with the offices of health practitioners.
Community Housing Services means establishments primarily engaged in providing short-
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term shelter for victims of domestic violence, sexual assault or child abuse; temporary
residential shelter for the homeless, runaway youths, and patients and families caught in
medical crisis; and transitional housing for low-income individuals and families.
Contractor Service means a place of business for persons employed in trades, such as
construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing,
paving, road construction, sewer or similar services of a construction nature which require
on-site storage space for materials, construction equipment or vehicles normally associated
with the contractor service. Any sales, display, office or technical support services areas shall
be accessory to the principal Contractor Service use.
Crematorium means establishments fitted with the proper appliances for the purposes of
the cremation of human or animal [not including livestock] remains.
Cultural Centre means a building or portion of a building dedicated to the celebration and
promotion of a cultural group or groups. A cultural centre is distinct from a private club on
the basis of a broader range of uses typically available to customers and guests, including
restaurants, retail sales, personal services, theatres, and banquet halls. In addition,
customers and guests are not required to be members of a non-profit organization.
Drinking Places (alcoholic beverages) means establishments, known as bars, taverns or
drinking places, primarily engaged in preparing and serving alcoholic beverages for
immediate consumption. Includes bars, beer parlours or taverns, brasseries, cocktail
lounges, nightclubs.
Drinking Water System means a system used to pump, store, treat and distribute drinking
water, and includes the facilities and services used in the provision of drinking water.
Drive-Through Facility means establishment that provides or dispenses products or
services, through an attendant or an automated machine, to persons remaining in vehicles
that are in designated stacking aisles. A drive-through facility may be in combination with
other uses, such as a bank, credit union, restaurant or gas station.
Dwelling Unit means a building or part of a building occupied or capable of being
occupied, in whole or in part as the habitable space, home, residence or sleeping place of
one or more persons either continuously, permanently, temporarily or seasonally,
irrespective of tenure or ownership, but shall not include recreational vehicle, camping tents,
trailer or motor home. Dwelling Units include:
(a)
Dwelling Unit, Attached Accessory which means a room or rooms in which kitchen,
sanitary conveniences and sleeping quarters are provided for the exclusive use of the
occupants and with a private entrance from outside the building or from a common
corridor or stairway inside the building. Includes:
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i.
Secondary Suites means an accessory dwelling unit constructed within and
accessory to a single detached dwelling, including an attached garage.
(b)
Dwelling Unit, Detached Accessory means a dwelling unit that is in a separate
building or structure which is accessory to and located on the same lot as the principal
use, building or structure, but not including a building or structure which is used as a
dwelling unless specifically permitted. Includes:
i.
Garage Suites means an accessory dwelling unit constructed above a
detached Garage (above grade); or a single-storey attached to the side or
rear of, a detached Garage (at-grade) that is accessory to a principal use.
ii.
Garden Suites means an accessory dwelling unit located in a detached
accessory structure to a principal use.
(c)
Dwelling Unit, Live Work means a unit that contains one Dwelling, in addition to
dedicated floor space for the purpose of conducting a business. The work component
may or may not be separate and distinct from the Dwelling. The Dwelling may be
accessed through the business space. This Use does not include a Home Based
Business.
(d)
Dwelling, Converted means a residential use building that has been
altered, but not demolished and replaced, to increase the number of
dwelling units to three or more.
(a)
Single Detached Dwelling means a detached building
containing one dwelling unit only.
(b)
Semi-detached Dwelling means a residential use
building divided vertically into two separate dwelling
units each of which has an independent entrance.
(c)
Duplex Dwelling means the whole of a two-storey
building divided horizontally into two separate dwelling
units, each of which has an independent entrance either
directly or through a common vestibule.
(d)
Triplex Dwelling means whole of a three-storey
building divided horizontally into three separate
dwelling units, each of which has an independent
entrance either directly or through a common vestibule.
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(e)
Quadplex Dwelling, means only four (4)
dwelling units in either a Multiple
Attached or Stacked typology.
(f)
Multiple Attached Dwelling means the
whole of a residential use building containing
three or more dwelling units that are divided
vertically, each of which has an independent
entrance. For the purpose of this By-law, a
rowhouse is considered to be a multiple
attached dwelling.
(g)
Stacked Dwelling means a residential
use building containing four or more
dwelling units, where the units in each
pair are divided horizontally, and the
pairs are divided vertically, and in which
each dwelling unit has an independent
entrance.
(h)
Apartment Dwelling means a building
containing four or more dwelling units, in
which dwelling units have a common
entrance from street level and are served
by a common corridor.
Educational Services means establishments primarily engaged in providing instruction and
training in a wide variety of subjects. Specialized establishments, such as schools, colleges,
universities and training centres, provide this instruction and training. These establishments
may be privately owned and operated, either for profit or not, or they may be publicly
owned and operated. They may also offer food and accommodation services to their
students.
Energy Generating System means an establishment primarily engaged in the generation of
bulk electric power, transmission from generating facilities to distribution centres, and/or
distribution to end users.
Equestrian Establishment means an area of land, which is used as an educational centre for
horse training, handling, care, or for the lodging of horses.
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Exploration Projects [Advanced] is as defined in the Mines and Minerals Act.
Fabric Buildings [Cover-all Buildings, Portable Fabric Structures, Fabric Tension
Buildings] means buildings constructed using a rigid frame--which can consist of timber,
steel, rigid plastic, or aluminum--and a sturdy fabric outer membrane is stretched over the
frame. The fabric cover is tensioned to provide the stable structural support of the building.
The fabric is tensioned using multiple methods, varying by manufacturer, to create a tight
fitting cover membrane.
Fitness and Recreational Sports Centres means establishments primarily engaged in
operating health clubs and similar facilities featuring exercise and other active physical
fitness conditioning, or recreational sports activities including athletic clubs, physical fitness
facilities, gymnasiums, physical fitness centres or studios, and health spas.
Funeral Homes means establishments primarily engaged in preparing the dead for burial or
interment and conducting funerals. Including funeral parlours, morticians or undertakers.
Gasoline Stations means establishments primarily engaged in retailing motor fuels, whether
or not the gasoline station is operated in conjunction with a convenience store, repair
garage, restaurant or other type of operation. Establishments that operate gasoline stations
on behalf of their owners and receive a commission on the sale of fuels are also included.
Excludes retailing marine fuels at marinas.
Gasoline Stations with Convenience Stores means establishments primarily engaged in
retailing automotive fuels combined with the retail sale of a limited line of merchandise, such
as milk, bread, soft drinks and snacks in a convenience store setting.
Golf Courses and Country Clubs means establishments primarily engaged in operating golf
courses and country clubs that operate golf courses along with dining facilities and other
recreational facilities.
Health Care Offices means establishments primarily engaged in providing health care by
diagnosis and treatment. Includes Ambulatory health care services, Offices of physicians,
dentists, chiropractors, optometrists, mental health practitioners, and physical, occupational,
and speech therapists and audiologists; and other health practitioners.
Heavy Equipment Sales, Rental and Servicing means a facility that is engaged in the sales,
rental or repair of heavy equipment typically used in agricultural, commercial or industrial
operations, including tractors, trucks with a gross vehicle weight of over 15,000 pounds,
Truck Tractor/Trailer Combinations, harvesters, loaders and tracked vehicles as well as sales
of parts, whether new or used, for heavy equipment.
Heritage Institutions means establishments primarily engaged in preserving and exhibiting
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objects, sites and natural wonders of historical, cultural and educational value. Includes Non-
commercial art museums and galleries, History and science museums, planetariums, halls of
fame and wax museums.
Heritage Resources means a heritage site, a heritage object, and any work or assembly of
works of nature or human endeavour that is of value for its archaeological, paleontological,
prehistoric, historic, cultural, natural, scientific or aesthetic features, and may be in a form of
sites or objects or combination of them.
Home Based Business means an occupation, professions or business use secondary to a
Dwelling Unit, and which may generate more than one business associated visit per day.
There may also be non-resident employees, and a limited use of unenclosed areas by the
use.
Home Occupation means an occupation, professions or business use secondary to a
Dwelling Unit, and which is conducted entirely within the dwelling unit or accessory structure
to a dwelling unit. No aspects of the business operations shall be detectable from outside
the property.
Hospitals means establishments, licensed as hospitals, primarily engaged in providing
diagnostic and medical treatment services, and specialized accommodation services to in-
patients. These establishments have an organized medical staff of physicians, nurses and
other health professionals, technologists and technicians. Hospitals use specialized facilities
and equipment that form a significant and integral part of the production process. Hospitals
may also provide a wide variety of out-patient services as a secondary activity.
Hostels means an establishment providing short-term semi-private accommodations for
travelers.
Hotels means establishments primarily engaged in providing short-term lodging in facilities
known as hotels. These establishments provide suites or guest rooms within a multi-storey or
high-rise structure, accessible from the interior only, and they generally offer guests a range
of complementary services and amenities, such as food and beverage services, parking,
laundry services, swimming pools and exercise rooms, and conference and convention
facilities.
Information and cultural industries means establishments primarily engaged in producing
and distributing (except by wholesale and retail methods) information and cultural products.
Establishments providing the means to transmit or distribute these products or providing
access to equipment and expertise for processing data are also included. The land-uses
include: publishing industries, the motion picture and sound recording industries, the
broadcasting industries, the telecommunications industries, and the data processing and
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hosting services industries.
Interpretive Centre means a building or group of buildings that provides interpretation of a
place of interest, such as the natural environment through a variety of media, such as video
displays, information panels and exhibitions of material, and which may also include facilities
such as a refreshment stand or gift shop.
Libraries means an establishments primarily engaged in maintaining collections and
facilitating the use of such documents (regardless of its physical form and characteristics) as
are required to meet the informational, research, educational or recreational needs of
their users.
Light Equipment Sales, Rental and Servicing means a facility that is engaged in the sales,
rental or repair of light machinery and equipment including automotive tools, cleaning
equipment, concrete and masonry equipment, electric tools and accessories, gasoline
generators, painting and decorating equipment, home and garden equipment, home
appliances, plumbing tools and other similar tools and accessories.
Livestock Operation means a permanent or semi-permanent facility or non-grazing area
where livestock are kept or raised either indoors or outdoors, and includes all associated
manure collection facilities, but does not include an auction mart. Includes:
(a)
Livestock Operation Uses, 10 AU > 299 AU; and
(b)
Livestock Operations Uses, Large Scale, +300 Animal Units.
Livestock Operations, Animal Keeping, with less than 10 Animal Units in size means a
facility such as a hobby farm, private stable or equestrian establishment as an accessory use
on a property.
Manufacturing means establishments primarily engaged in the chemical, mechanical or
physical transformation of materials or substances into new products. These products may
be finished, in the sense that they are ready to be used or consumed, or semi-finished, in
the sense of becoming a raw material for an establishment to use in further manufacturing.
Related activities, such as the assembly of the component parts of manufactured goods; the
blending of materials; and the finishing of manufactured products by dyeing, heat-treating,
plating and similar operations are also treated as manufacturing activities. Manufacturing
establishments are known by a variety of trade designations, such as plants, factories or
mills. Land-Uses includes:
(a)
Textile product mills
(b)
Clothing manufacturing
(c)
Leather and allied product manufacturing
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(d)
Footwear manufacturing
(e)
Wood product manufacturing
(f)
Sawmills and wood preservation
(g)
Veneer, plywood and engineered wood product manufacturing
(h)
Paper manufacturing
(i)
Printing and related support activities
(j)
Petroleum and coal product manufacturing
(k)
Chemical manufacturing
(l)
Pharmaceutical and medicine manufacturing
(m)
Plastics and rubber products manufacturing
(n)
Non-metallic mineral product manufacturing
(o)
Cement and concrete product manufacturing
(p)
Primary metal manufacturing
(q)
Fabricated metal product manufacturing
(r)
Machinery manufacturing
(s)
Computer and electronic product manufacturing
(t)
Electrical equipment, appliance and component manufacturing
(u)
Transportation equipment manufacturing
(v)
Furniture and related product manufacturing
(w)
Medical equipment and supplies manufacturing
Micro-Brewery / Distillery / Winery means and establishment completely contained within
a structure where beer, wine or liquor produced on-site and sold to the public by one or
more of the following methods: the traditional three-tier system (brewer to wholesaler to
retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to
consumer); and directly to the consumer through carry-outs or on-site tap-room or restaurant
sales.
Mining, quarrying, and oil and gas extraction means establishments primarily engaged in
extracting naturally occurring minerals. These can be solids, such as coal and ores; liquids,
such as crude petroleum; and gases, such as natural gas. The term mining is used in the
broad sense to include quarrying, well operations, milling (for example, crushing, screening,
washing, or flotation) and other preparation customarily done at the mine site, or as a part of
mining activity. Establishments engaged in exploration for minerals, development of mineral
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properties and mining operations are included in this sector. Establishments performing
similar activities, on a contract or fee basis, are also included. Land-uses include:
(a)
Oil and gas extraction
(b)
Mining and quarrying (except oil and gas, and Aggregate quarry)
(c)
Support activities for mining, and oil and gas extraction
Mobile Food Services means establishments primarily engaged in preparing and serving
meals and snacks for immediate consumption from motorized vehicles or non-motorized
carts without limiting the generality of the foregoing, wagons, trailers and trucks.
Mobile Home or Mobile Unit means a portable dwelling unit that is designed or used for
residential occupancy, built upon or having a frame or chassis to which wheels may be
attached for transportation purposes, whether or not such structure actually has at any time
such wheels, or is jacked up or skirted.
Motels (Motor Hotels) means establishments primarily engaged in providing short-term
lodging in facilities known as motels. These establishments are designed to accommodate
clients travelling by motor vehicle, and provide short-stay suites or guest rooms, within a one
or two-storey structure, characterized by exterior access to rooms and ample parking areas
adjacent to the room entrances. Limited complementary services and amenities may also
be provided.
Motor vehicle and parts dealers means establishments primarily engaged in retailing
motor vehicles and providing complementary services, and retailing motor vehicle parts and
accessories. The establishments of this subsector are generally specialized in the retailing of
particular types of vehicles or in the retailing of particular types of parts and accessories.
Excludes heavy duty trucks, farm equipment and heavy equipment over over 15,000
pounds.
Motorcycle, Boat and Other Motor Vehicle Dealers means establishments primarily
engaged in retailing new and used motorcycles, watercraft and other vehicles, such as
snowmobiles, off-road all-terrain vehicles, utility trailers, and aircraft. These establishments
also typically retail replacement parts and accessories, and provide repair services.
Motor Vehicle Towing means establishments primarily engaged in towing motor vehicles.
Establishments engaged in providing light and heavy towing services, both local and long
distance, to the general public, commercial, transportation and other sectors, are included.
These establishments may offer incidental services, such as tire repair, battery boosting and
other emergency road service.
Movie Theaters or Motion Picture and Video Exhibition are establishments primarily
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engaged in exhibiting motion pictures.
Municipal Fire-Fighting Services means establishments of local governments primarily
engaged in the prevention, investigation and extinction of fires.
Nature Parks means establishments primarily engaged in operating, maintaining and
protecting nature parks, nature reserves or conservation areas. Included are conservation
areas, national parks, provincial parks, nature reserves, and natural wonders.
Nursing and Residential Care Facilities means establishments primarily engaged in
providing residential care combined with either nursing, supervisory or other types of care as
required by the residents. In this sub-sector, the facilities are a significant part of the
production process and the care provided is a mix of health and social services, with the
health component being largely nursing services.
Office means uses focusing on professional, scientific and technical services primarily
engaged in activities in which human capital is the major input and where the knowledge
and skills of their employees, often on an assignment basis, are made available. Includes:
(a)
Legal services
(b)
Accounting
(c)
Tax preparation
(d)
Bookkeeping and payroll services
(e)
Architectural, engineering and related services
(f)
Specialized design services
(g)
Computer systems design and related services
(h)
Management, scientific and technical consulting services
(i)
Insurance agencies and brokerages
(j)
Real estate agents and brokers
(k)
Scientific research and development services
(l)
Advertising, public relations, and related services
(m)
Ancillary uses may include cafeterias, health facilities, parking, or other amenities
primarily for the use of employees in the firm or building. Excludes banks, credit unions
and health care offices.
Off-Leash Dog Area means an outdoor fenced facility where residents have the opportunity
to exercise and socialize their dogs off leash within a controlled environment.
Outside Display means an outside display of goods and/or materials for sale, accessory to a
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retail principal use. Merchandise may be directly available to the consumer for purchase.
Outside Storage means an unenclosed area where goods or materials including
automobiles, equipment or supplies are stored. Includes storage of materials in a structure
with a roof, but no walls, and storage of a shipping container is considered outside storage.
Park means a non-commercial, not-for profit site characterized by open space with natural
vegetation or landscaping amenities that may be available to the public for recreational,
educational, cultural, or aesthetic uses. May include recreational facilities or sports venues
designed to serve the leisure and amateur competition of the community with accessory
uses including clubhouses, maintenance facilities, concessions, and parking. May include
school and religious institution's ballfields, football fields, and soccer fields. May include
passive areas with woodlots and vegetation, and critical and significant wildlife habitat.
Parking Lot means a parking area that is the principal use on the lands and not accessory to
any other principal building or land-use.
Pavilion means a non-habitable structure with a roof and no walls associated with a tourist
area for the purpose of temporary sheltering people during events such as weddings,
birthdays, and the like that may also contain enclosed within walls, bathrooms, or shower
facilities.
Performing Arts Companies means establishments primarily engaged in producing live
presentations that involve the performances of actors and actresses, singers, dancers,
musical groups and artists, and other performing artists. Examples of establishments in this
industry group are theatre companies, dance companies, musical groups and artists, circuses
and ice-skating shows.
Personal and Household Goods Repair and Maintenance means establishments primarily
engaged in repairing and maintaining personal and household goods, such as home and
garden equipment, appliances, furniture, footwear and leather goods, garments, watches,
jewelry, musical instruments, bicycles and recreational boats.
Personal Service Shops means establishments used for the provision of personal services to
an individual for personal grooming, or the cleaning and repair of personal effects. This use
includes barbershops, hairdressers, beauty salons, tattoo and piercing parlours, spa, tanning
salon, tailors, dressmakers, and dry cleaning establishments and laundromats. This Use does
not include Health Care Offices.
Pet care services (except veterinary) means establishments primarily engaged in grooming,
boarding and training pet animals. Includes animal shelters, boarding kennel service,
humane society facilities (animal shelters), pet grooming services, pet sitting services, and
pet training services.
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Picnic Shelter means a non-habitable structure with a roof and support posts without walls
that is used for the purposes of picnicking, lounging or food preparation, not for overnight
accommodation or storage of chattels.
Place of Worship means development used for worship and related religious, philanthropic
or social activities and includes Accessory rectories, manses, meeting rooms, food
preparation and service facilities, classrooms, dormitories and other buildings. Typical Uses
include churches, chapels, mosques, temples, synagogues, parish halls, convents
and monasteries.
Postal Service means establishments primarily engaged in operating the postal service.
Establishments of the Post Office, other than those primarily engaged in providing courier
services, are classified in this industry, as well as establishments that carry on one or more
functions of the postal service on a contract basis, except the delivery of mail in bulk.
Private Clubs means development used for the meeting, social or recreational activities of
members of non-profit philanthropic, civic, political, ethnic, retirement association, social
service, athletic, business or fraternal organization, without on-site residences. Private Clubs
may include rooms for eating, drinking and assembly.
Private Stables means a building in which horses are kept (also sometimes other livestock)
can be maintained privately for an owner's own horses, or operated as a public business
where a fee is charged for keeping other people's horses.
Public Works Yard means any land, building or structure operated by a government entity
for the storage, manufacture, maintenance or repair of materials, equipment, heavy
machinery or motor vehicles used in connection with public works such as roads or parks
maintenance. Includes the outside storage of road maintenance material such as gravel
or sand.
Recreational and Vacation Camps (except hunting and fishing) means establishments
primarily engaged in operating overnight recreational camps, such as children's camps,
family vacation camps, and outdoor adventure retreats that offer trail riding, white-water
rafting, hiking and similar activities.
Recreational Vehicle Dealers means establishments primarily engaged in retailing new and
used recreational vehicles (RVs), such as motor homes, recreational trailers and campers.
These establishments also typically retail replacement parts and accessories, and provide
repair services.
Recreational Vehicle (RV) Parks and Campgrounds means establishments primarily
engaged in operating serviced or un-serviced sites to accommodate campers and their
equipment. Includes tents, tent trailers, travel trailers and recreational vehicles being
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provided access to facilities, such as washrooms, laundry rooms, recreation halls and
facilities, and stores and snack bars.
Resorts means establishments primarily engaged in providing short-term lodging in facilities
known as resorts. These establishments feature extensive indoor and/or outdoor leisure
activities on the premises on a year-round basis. Resorts are designed to accommodate
vacationers and provide full-service suites and guest rooms, typically in a non-urban setting
next to lakes, rivers or mountains. Establishments of this type often provide access to
conference facilities. Include resorts with integrated health spa facilities.
Restaurants means establishments primarily engaged in providing food services to patrons
who order and are served while seated and pay after eating, or who order or select items at
a counter, food bar or cafeteria line (or order by telephone) and pay before eating. Includes
Full-service restaurants; and limited-service eating places such as coffee shops, doughnut
shops, fast food restaurants, ice cream parlour, take-out restaurants. Excludes Mobile
Food Services.
Retail Store [store retailers] means establishments operating as a permanent, fixed point-of-
sale location for Retail Trade, located and designed to attract a high volume of walk-in
customers. Typically sell merchandise to the general public for personal or household
consumption, but some also serve businesses and institutions and includes uses such as:
(a)
Food and beverage stores
(b)
Grocery stores
(c)
Supermarkets and other grocery
(d)
Convenience Stores
(e)
Specialty Food Stores
(f)
Meat markets
(g)
Fish and seafood markets
(h)
Fruit and vegetable markets
(i)
Baked goods stores
(j)
Confectionery and nut stores
(k)
Beer, wine and liquor stores
(l)
Health and personal care stores
(m)
Pharmacies and drug stores
(n)
Cosmetics, beauty supplies and perfume stores
(n)
Optical goods stores
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(o)
Food (health) supplement stores
(p)
Clothing and clothing accessories stores
(q)
Jewelry, luggage or leather goods stores
(r)
Sporting goods, hobby, book or music stores
(s)
General merchandise stores
(t)
Department stores
(u)
Warehouse clubs
(v)
Home and auto supplies stores
(w)
Gift, novelty and souvenir stores
(x)
Used merchandise stores
(y)
Furniture and home furnishings stores
(z)
Electronics and appliance stores
Excludes the following:
(a)
Cannabis
(b)
Gasoline stations
(c)
Gasoline stations with convenience stores
(d)
Mobile home dealers
(e)
Motor vehicle and parts dealers
(f)
Motorcycle, Boat and Other Motor Vehicle Dealers
(g)
Recreational Vehicle Dealers
(h)
Individuals or an immediate family member or employee(s) of the individual who sells
produce grown in Manitoba
Retail Trade [non-store retailers] means establishments engaged in retailing merchandise,
generally without transformation, and rendering services incidental to the sale of
merchandise. The retailing process is the final step in the distribution of merchandise;
retailers are therefore organized to sell merchandise in small quantities to the general
public. Retail Trade is non-store retailers that are mobile, temporary uses, or accessory
uses to non-commercial uses such as manufacturing, industrial, and warehousing; and
includes uses such as:
(a)
Those found in Retail Store;
(b)
Electronic shopping and mail-order houses
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(c)
Heating oil dealers
(d)
Liquefied petroleum gas (bottled gas) dealers
(e)
Other fuel dealers, such as diesel fuel, delivered to customers' premises
(f)
Other gasoline stations such as: Cardlock Stations (except petroleum tank farms)
Excludes the following:
(a)
Air transportation
(b)
Rail transportation
(c)
Water transportation
(d)
Truck transportation
(e)
Individuals or an immediate family member or employee(s) of the individual who sells
produce grown in Manitoba
Rooming and Boarding Houses means establishments primarily engaged in operating
rooming and boarding houses and similar facilities. A building or part of building, used for
congregate living, containing Sleeping Units and four or more persons, and where there is
no provision of on-site care, treatment or professional services of a physical or mental health
nature. May provide complementary services, such as housekeeping, meals and laundry
service; may provide temporary or longer-term accommodation, which, for the period of
occupancy, may serve as a principal residence.
Scenic and Sightseeing Transportation means establishments primarily engaged in
providing recreational transportation, such as sightseeing or dinner cruises, steam train
excursions, horse-drawn sightseeing rides, air-boat rides or hot-air balloon rides. These
establishments often use vintage or specialized transportation equipment. The services
provided are local in nature, usually involving same-day return. Establishments that provide
charter fishing services are included.
Self-Storage Mini-Warehouses means establishments primarily engaged in renting or
leasing space for self-storage. These establishments provide secure space (rooms,
compartments, lockers, containers or outdoor space) where clients can store and retrieve
their goods.
Shipping Containers [Sea Cans] mean an intermodal container designed and built for
intermodal freight transport.
Sleep Cabin means a building accessory to and subordinate to a cottage use, that is
designed to provide additional sleeping quarters for occasional guests of the owner and
without kitchen facilities.
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Sports Arena/Stadiums facilities means establishments primarily engaged in operating
sports stadiums and other sports facilities, and organizing and promoting sports events or
similar events held in these facilities. Includes:
(a)
Promoting and presenting sports tournaments, in their own facilities
(b)
Professional, semi-professional or amateur athletes primarily engage in performing
before a paying audience
(c)
Professional, semi-professional, or amateur sports clubs primarily engaged in
presenting or participating in sporting events before a paying audience
Testing Laboratories means establishments primarily engaged in providing physical,
chemical and other analytical testing services. The testing activities may occur in a laboratory
or on-site.
Truck Transportation means establishments primarily engaged in the truck transportation of
goods. These establishments may carry general freight or specialized freight. Specialized
freight comprises goods that, because of size, weight, shape or other inherent
characteristics, require specialized equipment for transportation. Establishments may
operate locally, that is within a metropolitan area and its hinterland, or over long distances,
that is between metropolitan areas.
Tourist campsites (campground) means establishments primarily with fixed camp sites for
the seasonal, temporary use of tents and pop-tent trailers, and may provide other amenities,
such as food services, recreational facilities and equipment, organized recreational activities,
washrooms, laundry rooms, recreation halls and facilities, vending machines, and snack bars.
Utilities means establishments primarily engaged in operating electric, gas and water
utilities. These establishments generate, transmit, control and distribute electric power;
distribute natural gas; treat and distribute water; operate sewer systems and sewage
treatment facilities; and provide related services, generally through a permanent
infrastructure of lines, pipes and treatment and processing facilities. Includes: Electric power
generation, transmission and distribution; and Natural gas distribution.
Veterinary Services means establishments of licensed veterinary practitioners primarily
engaged in the practice of veterinary medicine, dentistry, or surgery for animals includes:
(a)
Animal hospitals
(b)
Consulting and visiting services, veterinary
(c)
Herd inspecting and testing services, veterinary
(d)
Surgery services, veterinary
(e)
Veterinary practices or clinics
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(f)
Veterinary testing laboratories
Warehousing and Storage means establishments primarily engaged in operating general
merchandise, refrigerated and other warehousing and storage facilities. Included in this sub-
sector are third-party warehouses serving retail chains and wholesalers. Establishments in
this sub-sector provide facilities to store goods for customers. They do not take title to the
goods they handle. These establishments take responsibility for storing the goods and
keeping them secure. They may also provide a range of services, often referred to as
logistics services, related to the distribution of a customer's goods. Logistics services can
include labelling, breaking bulk, inventory control and management, light assembly, order
entry and fulfillment, packaging, pick and pack, price marking and ticketing and
transportation arrangement. However, establishments in this sub-sector always provide
storage services in addition to any logistics services. Furthermore, the storage of goods
must be more than incidental to the performance of a service such as price marking.
Waste Disposal Grounds means a parcel of land that is used for the disposal of solid or
industrial waste [Landfill].
Wastewater Management System means a system used to collect, store, treat, distribute
and dispose of wastewater, and includes the facilities and services associated in the
management of wastewater [Sewage treatment facilities].
Wholesale Trade means establishments primarily engaged in wholesaling merchandise,
generally without transformation, and rendering services incidental to the sale of
merchandise. The wholesaling process is an intermediate step in the distribution of goods.
Many wholesalers are organized to sell merchandise in large quantities to retailers, and
business and institutional clients. However, some wholesalers, in particular those that supply
non-consumer capital goods, sell merchandise in single units to final users. Includes:
(a)
Petroleum and petroleum products merchant wholesalers
(b)
Food merchant wholesalers
(c)
Beverage merchant wholesalers
(d)
Cigarette and tobacco product merchant wholesalers
(e)
Personal and household goods merchant wholesalers
(f)
Motor vehicle and motor vehicle parts and accessories merchant wholesalers
(g)
Building material and supplies merchant wholesalers
(h)
Machinery, equipment and supplies merchant wholesalers
(i)
Building material and garden equipment and supplies dealers
(j)
Recyclable material merchant wholesalers
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(k)
Paper, paper product and disposable plastic product merchant wholesalers
(l)
Chemical (except agricultural) and allied product merchant wholesalers
(m)
Business-to-business electronic markets, and agents and brokers
Zoning Site means each separate area comprising the Zone and its Subzones including the
buildings and facilities located within that particular area.
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6. Zoning Districts
6.1. Establishing Zones for Land-Uses
Land-uses in the Planning Area are regulated in accordance with the following zoning
districts in Table 13:
6.1.1. Table 13: Zoning Districts
Zoning Districts
Abbr.
Agriculture General
AG
Agriculture Limited
AL
Open Space
OS
Institutional
IN
Seasonal Recreation General
SRG
Seasonal Recreation Commercial
SRC
Residential - First Density
R1
Residential - Second Density
R2
Residential Mobile Home
RMH
Commercial Main Streets
CM
Commercial Highway
CH
Industrial General
M
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6.2. Allowable Uses: Permitted and Conditional
(1)
The permitted and conditional uses are land-uses prescribed for lands within each
zone, which are set out in the Land-Use Table for each Zoning District.
(2)
Where a use is not listed and is not similar to, or accessory to, a permitted or
conditional principal use, or a permitted or conditional secondary use, the land-
use is not allowed in the zone.
6.3. Bulk Regulations
(1)
No land, building, or structure shall be used or occupied, and no building or
structure shall be constructed, erected, altered, enlarged, or placed, except in
accordance with the bulk requirements described in the Bulk Regulations Tables
for each Zoning District, unless described elsewhere in this By-law.
6.4. Planned Development Overlay Districts
The following overlay zoning districts are hereby established, and each such district is intended
for the purposes described below.
6.4.1. Planned Development Overlay - 1 (PDO-1)
Is a zoning district which is applied over one or more previously established zoning districts,
establishing additional or stricter standards and criteria for covered properties in addition to
those of the underlying zoning district.
(1)
Planned Development Overlay 1 (PDO-1) is used to:
a.
Promote specific land-uses to develop, such as mixed-use, affordable
housing, or a type of agricultural operation, by enabling the land-use(s) in a
specified sub-area;
b.
Restrict specific types of land-uses on an area wide basis to protect a nearby
special features such as historic resources, airports, wetlands, steep slopes,
and waterfronts; or
c.
Establish dimensional standards such as lot areas, lot coverage, yards,
signage, parking requirements, and setbacks affecting only a sub-area to
protect a special feature or to promote a specific type of development.
(2)
The purpose of the Planned Development Overlay 1 (PDO-1) overlay district is to
provide a means to alter or specify allowed uses and/or development standards in
otherwise appropriate zones, in unique or special circumstances, in order to
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achieve local planning objectives across multiple properties or neighbourhoods,
and not associated with any master planned development envisioned for an area
or a site.
(3)
Used to tailor the regulations of a land-use(s) in a specific geographical location.
(4)
A PDO-1 zoning district is appropriate when additional zoning controls are
required to address an area-wide (rather than site-specific) condition, or to
implement an area-wide plan for the proposed district. PDO-1 districts are
generally appropriate for areas with unique or special circumstances.
(5)
The PDO-1 overlay must only be applied to zones where specified through a text
amendment to the Zoning By-law. Such amendment must include:
a.
A map of the location(s) of any lands affected by the overlay at an
appropriate scale indicating the designation, location, and boundaries of
each underlying zoning district; and
b.
Every regulation specified or changed for the underlying zoning district by
the PDO-1 overlay including the addition or removal of allowable uses.
(6)
The PDO-1 overlay may not be used:
c.
Where the proposed changes to the regulations of the underlying zoning
district:
i.
are significant enough to be inconsistent with the general purpose of
the underlying zoning district(s) and the designation of another existing
zone district in this By-law would be more appropriate;
ii.
are not merely related to local planning objectives but would have
significant general application to warrant an amendment to the text of
the underlying zoning district itself or to create a new Zoning District; or
iii.
are intended to provide such detailed or site-specific control over the
design and siting of a special development that the use of the PDO-2
overlay would be more appropriate.
(7)
All regulations in the Zoning By-law must apply to development in the area
covered by the adopted PDO-1 overlay, unless the PDO-1 By-law specifically
modifies or alleviates those regulations.
(8)
All adopted PDO-1 districts shall be contained in attached schedules, which form
part of this By-law.
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6.5. Land-Use Table
6.5.1. Definition Of Symbols Used In Tables
(1)
Table 14 lists the principal, accessory, and temporary land-uses allowed within all
base zoning districts.
(2)
In Table 14:
a.
"P" in a cell indicates that the use identified at the far left of that row is
permitted principal use in the zoning district identified at the top of that
column;
b.
"C" in a cell indicates that, in the zoning district identified at the top of that
column, the use identified at the far left of that row is allowed only if
reviewed and approved as a conditional use in accordance with the
procedures of Provincial legislation;
c.
"A" in a cell indicates that the use identified at the far left of that row is
permitted as an accessory in the zoning district identified at the top of that
column when a principal use is established on the same lot;
d.
a blank cell indicates that the use identified at the far left of that row is not
permitted in the zoning district identified at the top of that column.
(3)
Bulk Tables and Additional Regulations listed with the Bulk Tables for each
zoning district effecting land-uses shall also apply.
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6.5.2. Table 14: Land-Uses - Permitted, Conditional and Accessory
Zoning Districts
Land Use
AG
AL
OS
S
R
G
S
R
C
IN
R
M
H
R1
R2
CM
CH
M
1.Aggregate Quarry
C
2.Agri-Business
C
P
P
P
3.Agriculture Operations
P
P
4.Agri-Industrial
P
5.Agri-Manufacturing
P
P
P
6.Agri-Tourism
A
A
C
A
7.Airport Operations
P
P
P
8.Animal Keeping
A
A
C
A
A
9.Apiculture
(Beekeeping)
A
A
C
A
A
A
A
A
10.Auction House
P
C
11.Auction Yard
P
C
12.Automotive Dealers
P
13.Automotive Repair
and Maintenance
P
P
P
14.Bed and Breakfast
A
A
A
A
15.Boat Dock, Private
A
A
A
16.Boat House
A
A
A
17.Boat Port
A
A
A
18.Boat Slip
P
P
P
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Zoning Districts
Land Use
AG
AL
OS
S
R
G
S
R
C
IN
R
M
H
R1
R2
CM
CH
M
19.Bungalow Clusters
C
20.Bungalow Courts
C
21.Cannabis Distributor
C
C
C
22.Cannabis Cultivation
C
C
C
23.Cannabis Nursery
C
C
C
C
24.Cannabis Processing
C
C
C
25.Cannabis Store
C
C
C
26.Car Washes
P
P
27.Cemeteries
P
P
P
28.Child Day-Care
Services
A
A
A
P
A
A
A
P
P
A
29.Community Care
Facilities
P
C
30.Community Centre
P
P
C
C
P
31.Community Garden
P
P
P
P
P
P
32.Community Health
Centres
C
P
P
P
33.Community Housing
Services
P
P
P
P
P
34.Contractor Services
P
P
35.Cottage
P
P
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Zoning Districts
Land Use
AG
AL
OS
S
R
G
S
R
C
IN
R
M
H
R1
R2
CM
CH
M
36.Crematorium
C
37.Cultural Centre
P
P
C
P
P
38.Drinking Places
C
P
P
A
39.Drinking Water
System
P
P
40.Drive-Through Facility
P
41.Dwelling Unit,
Accessory
C/A C/A
C/A
C/A
C/A C/A C/A
C/A
C/A
42.Dwelling, Single-
Detached
C
C
A
P
P
P
A
A
A
43.Dwelling, Duplex
P
P
P
A
44.Dwelling, Triplex
P
P
P
A
45.Dwelling, Quadplex
C
P
A
46.Dwelling, Multi-
Attached
C
P
47.Dwelling, Stacked
C
P
48.Dwelling, Apartment
C
P
C
49.Dwelling Unit, Live-
Work
C
P
P
P
50.Educational Services
P
P
P
51.Equestrian
Establishments
P
C
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133
Municipality of Deloraine-Winchester By-law 2022-04
Zoning Districts
Land Use
AG
AL
OS
S
R
G
S
R
C
IN
R
M
H
R1
R2
CM
CH
M
52.Exploration Projects
C
53.Fabric Buildings
A
A
A
A
A
A
54.Finance and
Insurance
P
P
55.Fitness and
Recreational Sports
Centres
P
P
P
P
P
56.Funeral Homes
P
P
P
57.Gasoline Stations /
Gasoline Stations with
Convenience Stores
P
P
58.Golf Courses and
Country Clubs
P
59.Health Care Offices
P
P
P
60.Heavy Equipment
Sales, Rental and
Servicing
P
C
61.Heritage Institutions
P
P
P
P
62.Heritage Resources
P
P
P
63.Home-Based Business
A
A
A
A
A
64.Home Occupation
A
A
A
A
A
65.Hospital
P
66.Hostels
A
P
A
P
P
6.0 Zoning Districts
134
Municipality of Deloraine-Winchester By-law 2022-04
Zoning Districts
Land Use
AG
AL
OS
S
R
G
S
R
C
IN
R
M
H
R1
R2
CM
CH
M
67.Hotels
P
P
68.Housekeeping
Cottages and Cabins
P
69.Hunting and Fishing
Camps
P
70.Information and
cultural industries
P
71.Interpretive Centres
P
P
P
P
72.Libraries
P
P
P
73.Light Equipment
Sales, Rental and
Servicing
P
P
74.Livestock Operation
Uses, 10 AU >
75. 10-299 AU
P
P
P
P
76.Livestock Operation
Uses, +300 Animal
Units
C
C
77.Manufacturing
C
P
P
78.Marinas
C
P
79.Medical and
Diagnostic
Laboratories
P
P
P
P
80.Micro-Brewery /
Distillery / Winery
P
P
P
6.0 Zoning Districts
135
Municipality of Deloraine-Winchester By-law 2022-04
Zoning Districts
Land Use
AG
AL
OS
S
R
G
S
R
C
IN
R
M
H
R1
R2
CM
CH
M
81.Mining, Quarrying,
and Oil and Gas
Extraction
C
C
82.Mobile Food Services
A
P
A
P
P
A
83.Mobile Homes or
Mobile Units
A
C
A
P
A
84.Mobile Home Parks
P
85.Motor vehicle and
parts dealers
C
P
P
86.Motels
P
87.Motorcycle, Boat and
Other Motor Vehicle
Dealers
C
P
P
88.Motor Vehicle Towing
P
P
89.Movie Theatres
A
P
90.Municipal Fire-
Fighting Services
P
P
P
P
91.Nature Parks
P
P
P
P
P
P
P
P
P
P
P
P
92.Nursing and
Residential Care
Facilities
P
93.Office
A
P
P
P
P
94.Off-Leash Dog Area
P
P
C
C
C
P
P
P
6.0 Zoning Districts
136
Municipality of Deloraine-Winchester By-law 2022-04
Zoning Districts
Land Use
AG
AL
OS
S
R
G
S
R
C
IN
R
M
H
R1
R2
CM
CH
M
95.Outside Display
A
A
A
96.Outside Storage
A
A
C
97.Park
P
P
P
P
P
P
P
P
P
P
P
P
98.Parking Lot
A
A
A
P
A
99.Pavilion
P
P
P
P
P
100.Performing Arts
Centres
C
P
P
101.Personal and
Household Goods
Repair and
Maintenance
P
P
P
102.Personal Service
Shops
P
P
103.Pet Care Services
(except Veterinary)
P
P
P
104.Picnic Shelter
P
P
P
P
P
P
P
P
105.Place of Worship
P
P
106.Postal Service
P
P
P
107.Private Clubs
C
P
P
P
108.Private Stables
P
P
C
C
109.Public Works Yard
P
P
P
6.0 Zoning Districts
137
Municipality of Deloraine-Winchester By-law 2022-04
Zoning Districts
Land Use
AG
AL
OS
S
R
G
S
R
C
IN
R
M
H
R1
R2
CM
CH
M
110.Recreational and
Vacation Camps
P
P
111.Recreational Vehicle
Dealers
P
112.Recreational Vehicle
(RV) Parks and
Campgrounds
P
C
P
113.Resorts
P
114.Restaurants
C
P
P
P
115.Retail Stores
A
P
P
P
116.Retail Trade
C
P
A
117.Rooming and
Boarding Houses
A
C
118.Scenic and
Sightseeing
Transportation
C
C
P
119.Scientific Research
and Development
Services
P
P
P
120.Self-Storage Mini
Warehouses
P
121.Shipping Containers
CA
CA
CA
CA
CA
122.Sleep Cabin
A
A
6.0 Zoning Districts
138
Municipality of Deloraine-Winchester By-law 2022-04
Zoning Districts
Land Use
AG
AL
OS
S
R
G
S
R
C
IN
R
M
H
R1
R2
CM
CH
M
123.Sports
Arena/Stadium
C
P
124.Testing Laboratories
P
P
125.Truck Transportation
C
126.Tourist Campsite
C
P
127.Utilities
P
P
P
P
P
P
P
P
P
P
128.Veterinary Services
P
P
P
P
129.Warehousing and
Storage
C
C
130.Waste Disposal
Grounds
P
131.Wastewater
Management System
P
132.Wholesale Trade
P
P
P = Permitted; C = Conditional; A = Accessory
6.0 Zoning Districts
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Municipality of Deloraine-Winchester By-law 2022-04
6.6. Agriculture General - AG
6.6.1. Purpose
This Zone enables agricultural producers to generate agricultural products.
6.6.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "AG" Agriculture General zone
as outlined on Table 15.
6.6.3. Table 15: "AG" Bulk Standards
Uses
Lot Dimensions
Required Yards
(i)Building
Height
(max) ft
(ii)Lot
Area
(min) ac
(iii)Lot
Frontage
(min) ft
(iv)Front
Yard (min)
ft
(v)Interior
Side Yard ft
(vi)Exterior
Side Yard ft
(vii)Rear
Yard (min)
ft
a.
Agriculture
Operations
80.0
1,000
125
25
25
25
35
c.
Dwelling,
Single-
Detached
2.0
660
125
25
25
25
35
d.
Equestrian
Establishme
nt
80.0
200
125
25
25
25
35
e.
Livestock
Operations,
10 AU >
299 AU
80.0
200
125
25
25
25
35
f.
Livestock
Operations,
Large Scale,
+300 AU
80.0
200
125
25
25
25
35
g.
All
Permitted
and
2.0
200
125
25
25
25
35
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Municipality of Deloraine-Winchester By-law 2022-04
Conditional
Other Uses
6.7. Agriculture Limited - AL
6.7.1. Purpose
This Zone enables establishments primarily engaged in providing goods and services to
agriculture operations; producing food for human or animal consumption on a large scale in a
manufacturing process using agricultural products provided by an agricultural operation; and
industries producing chemicals for agricultural operations to be established near agriculture
operations. Also includes the production of food crops and non-food crops grown under cover.
Habitable spaces are allowed in limited forms to only accommodate on-site workers, the
business owner, caretaker, security guard or similar employee.
6.7.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "AL" Agriculture Limited zone
as outlined on Table 16.
6.7.3. Table 16: "AL" Bulk Standards
Uses
Lot Dimensions
Required Yards
(i) Building
Height
(max) ft
i)Lot Area
(min) ac
(iii)Lot
Frontage
(min) ft
(iv)Front
Yard (min)
ft
(v)Interior
Side Yard
ft
(vi)Exterior
Side Yard ft
(vii)Rear
Yard
(min) ft
Agriculture
Operations
80.0
1,000
125
25
25
25
35
Livestock
Operations Uses,
Large Scale, +300
Animal Units
80.0
200
125
25
25
25
100
All other Uses
2.0
200
125
0
25
0
100
6.8. Open Space - OS
6.8.1. Purpose
This Zone enables public access to lands for active and passive recreational uses in parks; the
6.0 Zoning Districts
141
Municipality of Deloraine-Winchester By-law 2022-04
creation of landscaped buffers between incompatible land-uses; the preservation of critical and
significant wildlife habitat; and the protection of Natural Lands as set out in the Southwest
Planning District Development Plan for protection to optimize ecological, heritage, cultural,
health and economic benefits to the communities.
6.8.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "OS" Open Space zone as
outlined on Table 17.
6.8.3. Table 17: OS" Bulk Standards
Required Yards
(i) Building
Height (max)
ft.
(ii) Front Yard
(min) ft.
(iii) Interior Side
Yard
(min) ft.
(iv) Exterior Side
Yard (min)
ft.
(v) Rear Yard
(min) ft.
40
5
15
25
35
6.8.4. Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone
regulations apply in the OS Zone:
a.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.38
Apiculture (Beekeeping).
b.
Animal Keeping, Farm Animals shall be permitted as provided under
Section 2.36 Livestock.
c.
Retail Store shall not exceed 800 square feet of gross floor area.
d.
Retail Trade shall not exceed 400 square feet of gross floor area.
6.9. Institutional - IN
6.9.1. Purpose
This zone enables public or privately owned facilities with an orientation towards educational,
institutional, health care or community services to exist alongside uses that complement the
institutional land-use.
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Municipality of Deloraine-Winchester By-law 2022-04
6.9.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "IN" Institutional zone as
outlined on Table 18.
6.9.3. Table 18: IN" Bulk Standards
Lot Dimensions
Required Yards
(i)Building
Height (max)
ft.
(ii)Lot
Area
(min) ft2
(iii)Lot
Frontage
(min) ft.
(iv)Lot
Coverage
(max)
(v)Front
Yard
(min) ft.
(vi) Interior
Side Yard
(min)
ft.
(vii)Exterior
Side Yard
(min)
ft.
(viii)Rear Yard
(min) ft.
5,000
50
40%
20
10
15
30
50
6.9.4. Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone
regulations apply in the IN Zone:
a.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.38
Apiculture (Beekeeping).
b.
Accessory Dwellings shall be permitted as provided under Section 4.1
Accessory Dwelling Units and Section 4.12 Dwelling Units, Industrial and
Institutional Zones.
c.
The minimum lot area shall be 2.0 acres and the maximum building height
shall be 35 feet for lots with no piped services or only having piped water.
d.
Retail Store shall not exceed 800 square feet of gross floor area.
e.
Retail Trade shall not exceed 800 square feet of gross floor area.
6.10. Seasonal Recreation General - SRG
6.10.1. Purpose
This Zone enables rural residential uses that are intended to be used seasonally or on a part-
time basis.
6.10.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "SRG" Seasonal Recreation
General zone as outlined on Table 19.
6.0 Zoning Districts
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Municipality of Deloraine-Winchester By-law 2022-04
6.10.3. Table 19: SRG Bulk Standards
Use
Lot Dimensions
Required Yards
(i)Building
Height
(max) ft.
(ii)
Lot
Area
(min) ft2
(iii)
Lot
Frontag
e (min)
ft.
(iv)
Lot
Coverag
e (max)
(v)
Gross
Floor
Area
(min) ft2
(vi)
Front
Yard
(min) ft.
(vii)
Interior
Side
Yard
ft.
(viii)
Exterior
Side
Yard
ft.
(ix)
Rear Yard
(min) ft.
All Uses
9,000
75
40%
480
25
8
15
25
35
6.10.4. Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone
regulations apply in the SRG Zone:
a.
Apiculture (Beekeeping) shall be permitted as provided under Section
2.385 Apiculture (Beekeeping).
b.
All Principal and Accessory Buildings and Structures on lots adjacent to a
water body shall be subject to Section 2.5 Lands Subject to Flooding,
Section 2.6 Lands Subject to Erosion or Bank Instability and 2.7 Setbacks
along Water Bodies.
c.
A minimum interior side yard of 4 feet shall be permitted for properties with
lot widths of 55 feet or less.
d.
Building and structure separation between Accessory and Principal Buildings
and Structures shall be in accordance with Sub-Section 2.30.4: Location on
the Lot for Accessory building, Structure or Use; and Building Separation
between Accessory Buildings and Sub-Section 2.30.6: Setbacks from Lot
Lines.
6.0 Zoning Districts
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Municipality of Deloraine-Winchester By-law 2022-04
6.11. Seasonal Recreation Commercial - SRC
6.11.1. Purpose
This Zone enables an assortment of seasonal accommodations, tourist attractions, and facilities
for culture and sport to be established for the purposes of providing dynamic recreational
opportunities and support services to tourists. Habitable spaces are allowed in limited forms to
only accommodate on-site workers, the business owner, caretaker, security guard or similar
employee.
6.11.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "SRM" Seasonal Recreation
Mixed zone as outlined on Table 20.
6.11.3. Table 20: SRC Bulk Standards
Use
Lot Dimensions
Required Yards
(ii)Buildin
g Height
(max) ft.
(iii)
Lot
Area
(min) ft2
(iv)
Lot
Frontag
e (min)
ft.
(v)
Lot
Coverag
e (max)
(vi)
Gross
Floor
Area
(min) ft2
(vii)
Front
Yard
(min) ft.
(viii)
Interior
Side
Yard
ft.
(ix)
Exterior
Side
Yard
ft.
(x)
Rear Yard
(min) ft.
All Uses
9,000
75
40%
480
10
15
20
25
35
6.11.4. Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone
regulations apply in the SRM Zone:
a.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.38
Apiculture (Beekeeping).
b.
Retail Store shall not exceed 800 square feet of gross floor area.
c.
Retail Trade shall not exceed 1000 square feet of gross floor area.
d.
Principal and Accessory Buildings and Structures on a lot adjacent to a water
body shall be subject to Section 2.5 Lands Subject to Flooding, Section 2.6
Lands Subject to Erosion or Bank Instability and 2.7 Setbacks along Water
Bodies.
6.0 Zoning Districts
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Municipality of Deloraine-Winchester By-law 2022-04
6.12. Residential First Density - R1
6.12.1. Purpose
This Zone is to provide for Single-Detached Dwellings with Semi-Detached, Duplex, and
Triplex Dwellings allowed in limited locations in the community of Deloraine. It is the lowest
density residential zone in the Municipality.
6.12.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "R1" Residential First Density
zone as outlined on Table 21.
6.12.3. Table 21: "R1" Bulk Standards
Land Use
Lot Dimensions
Required Yards
(i)
Building
Height
(max) ft.
(ii)
Lot Area
(min) ft2
(iii)
Lot
Frontag
e (min)
ft.
(iv)
Lot
Coverag
e (max)
(v)
Gross
Floor
Area
(min)
ft.2
(vi)
Front
Yard
(min)
ft.
(vii)
Interior
Side
Yard
(min) ft.
(viii)
Exterior
Side
Yard
(min) ft.
(ix)
Rear
Yard
(min) ft.
(a)
Single-
Detached
2,500
25
40%
800
25
4
4
25
35
(b)
Semi-
Detached
5,000
50
40%
800
25
4
4
25
35
(c) Duplex
5,000
50
40%
800
25
4
4
25
35
(d) Triplex
5,000
50
40%
800
25
4
4
25
35
(e) All
Other Uses
9,000
60
40%
800
25
4
10
25
35
6.0 Zoning Districts
146
Municipality of Deloraine-Winchester By-law 2022-04
6.12.4. Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone
regulations shall also apply in the R1 Zone:
a.
Home Enterprises shall be permitted only in Single-Detached Dwellings as
provided under Section 2.29 Home Enterprises.
b.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.38
Apiculture (Beekeeping).
c.
Animal Keeping, Farm Animals shall be permitted only with Single-
Detached Dwellings as provided under Section 2.36 Livestock.
d.
Accessory Dwelling Units shall only be permitted with Single-Detached
Dwellings as provided under Section 4.1.
e.
Semi-Detached, Duplex, and Triplex Dwellings shall only be permitted on
Corner Lots as provided under Section 4.3 Corner Lots.
f.
Semi-Detached Dwellings may be split onto separate lots to allow each
dwelling unit on its own lot as provided under Section 4.7.
g.
Community Care Facilities shall only be permitted on Corner Lots as
provided under Section 4.3 Corner Lots and Section 4.5 Community Care
Facilities.
h.
The minimum lot area shall be 12,000 square feet and the minimum lot
frontage shall be 100 feet for all uses on lots with no rear public lane.
6.0 Zoning Districts
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Municipality of Deloraine-Winchester By-law 2022-04
6.13. Residential Second Density - R2
6.13.1. Purpose
This Zone is to provide for Single-Detached, Semi-Detached, Duplex, Triplex,
and Quadplexes; and buildings with more than four (4) units.
6.13.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "R2" Residential
Secondary Density zone as outlined on Table 22.
6.13.3. Table 22: "R2" Bulk Standards
Land Use
Lot Dimensions
Required Yards
(i)
Buildin
g
Height
(max)
ft.
(ii)
Lot Area
(min) ft2
(iii)
Lot
Frontag
e (min)
ft.
(iv)
Lot
Coverag
e (max)
(v)
Gross
Floor
Area
(min) ft.2
(vi)
Front
Yard
(min) ft.
(vii)
Interior
Side
Yard
(min)
ft.
(viii)
Exterior
Side
Yard
(min)
ft.
(ix)
Rear
Yard
(min)
ft.
(a)Apartment
22,000
100
60%
400
25
15
15
25
50
(b)Bungalow Clusters
20,000
135
30%
2,000
15
15
20
20
35
(c)Bungalow Courts
20,000
135
30%
2,000
15
15
4
4
35
(d)Single-Detached
2,500
25
50%
--
15
4
4
10
35
(b)Semi-Detached
5,000
50
50%
--
15
4
4
10
35
(c)Duplex
5,000
50
50%
--
15
4
4
10
35
(d)Triplex
5,000
50
50%
--
15
4
4
10
35
(e) Quadplex
5,000
50
50%
--
15
4
4
10
35
(f)Multi-Attached
8,000
80
60%
1000
15
4
4
10
35
(g)Stacked
8,000
80
60%
500
15
4
4
10
35
(h)All Other Uses
9,000
60
40%
--
25
5
10
25
35
6.0 Zoning Districts
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Municipality of Deloraine-Winchester By-law 2022-04
6.13.4. Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone
regulations also apply in the R2 Zone:
a.
Apartments, Bungalow Clusters, Bungalow Courts, Multi-Attached
Dwellings and Stacked Dwellings with more than 4 units are permitted
with the maximum density, the number of allowable units, calculated by the
gross lot area divided by the Gross Floor Area (Minimum) of the zone.
b.
Bungalow Clusters and Bungalow Courts shall be permitted as provided
under Section 4.8 or Section 4.9.
c.
Mobile Homes and Mobile Home Parks shall only be permitted in
Bungalow Clusters and Bungalow Courts as provided under Section 4.14
Mobile Homes and Mobile Units.
d.
Home Enterprises shall be permitted only in Single-Detached Dwellings as
provided under Section 2.29 Home Enterprises.
e.
Accessory Dwelling Units shall only be permitted with Single-Detached
Dwellings as provided under Section 4.1.
f.
Rooming and Boarding Houses shall only be permitted on Corner Lots as
provided under Section 4.3 Corner Lots and Section 4.4 Rooming and
Boarding Houses.
g.
Community Care Facilities shall only be permitted on Corner Lots as
provided under Section 4.3 Corner Lots and Section 4.5 Community Care
Facilities.
h.
Semi-Detached Dwellings and Multi-Attached Dwellings may be split onto
separate lots to allow each dwelling unit on its own lot as provided under
Section 4.7.
i.
The minimum lot area shall be 12,000 square feet and the minimum lot
frontage shall be 100 feet for all uses on lots with no rear public lane.
6.0 Zoning Districts
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Municipality of Deloraine-Winchester By-law 2022-04
6.14. Residential Mobile Home - RMH
6.14.1. Purpose
This Zone is to provide for Single Detached Dwellings of a permanent nature in a rural setting,
generally without the provision of the full range of municipal services.
6.14.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "RMH" Residential Mobile
Home zone as outlined on Table 23.
6.14.3. Table 23: RMH Bulk Standards
Lot Dimensions
Required Yards
(i)
Building
Height
(max) ft.
(ii)
Lot
Area
(min) ft2
(iii)
Lot
Frontage
(min) ft.
(iv)
Lot
Coverage
(max)
(v)
Gross
Floor Area
(min) ft2
(vi)
Front
Yard
(min) ft.
(vii)
Interior
Side Yard
ft.
(viii)
Exterior
Side Yard
ft.
(ix)
Rear
Yard
(min) ft.
2,500
25
40%
800
25
10
10
10
35
6.14.4. Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone
regulations apply in the RMH Zone:
a.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.38
Apiculture (Beekeeping).
b.
Animal Keeping, Farm Animals shall be permitted only with Single-
Detached Dwellings as provided under Section 2.36 Livestock.
c.
Accessory Dwelling Units shall only be permitted with Single-Detached
Dwellings as provided under Section 4.1.
d.
Mobile Home Parks shall only be permitted in Bungalow Clusters and
Bungalow Courts as provided under Section 4.14 Mobile Homes and Mobile
Units.
6.0 Zoning Districts
150
Municipality of Deloraine-Winchester By-law 2022-04
6.15. Commercial Main Street - CM
6.15.1. Purpose
This Zone enables the development of the traditional Main Street with a mix of business and
personal services in smaller boutique settings that serve the day-to-day needs of residents and
help make the street environment more walkable with active frontages. Certain types of
residential uses are allowed only above the ground floor or attached to the rear of the structure
in a mixed use building where other permitted uses are on the ground floor fronting the public
road.
6.15.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "CM" Commercial Main Street
zone as outlined on Table 24.
6.15.3. Table 24: CM" Land Use
Lot Dimensions
Required Yards
(i)
Building
Height
(max) ft.
(ii)
Lot Area
(min) ft2
(iii)
Lot
Frontage
(min) ft.
(iv)
Lot
Coverage
(max)
(v)
Front Yard
(min) ft.
(vi)
Interior
Side Yard
(min) ft.
(vii)
Exterior
Side Yard
(min) ft.
(viii)
Rear Yard
(min) ft.
2,500
25
95%
0
0
0
25
50
6.15.4. Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone
regulations apply in the Commercial Main Streets Zone:
a.
Residential Uses shall be subject to Section 4.11 Dwelling Units,
Commercial Zones.
b.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.38
Apiculture (Beekeeping).
c.
Site Plan Approval / Design Review shall be required by the Development
Officer prior to the issuance of any building or development permits, for the
on-site locations and designs of all parking areas, private approaches,
garbage areas, and fencing, all of which shall be maintained to the
satisfaction of the Development Officer.
d.
Retail Stores shall not exceed 10,000 square feet of gross floor area.
6.0 Zoning Districts
151
Municipality of Deloraine-Winchester By-law 2022-04
e.
Retail Trade shall not exceed 400 square feet of gross floor area.
6.16. Commercial Highway - CH
6.16.1. Purpose
This Zone enables a wide array of uses and services to be located conveniently on
Provincial Trunk Highways or Roads, or major arterial streets to better serve a broad
market catchment area of residents, businesses, and the traveling public; and to be
exposed to large volumes of vehicle traffic including commercial vehicles. Characteristics
include a dependency on vehicle traffic, large parking areas, a dominance of vehicle use,
and large land areas for development, especially to accommodate commercial vehicles.
Limited residential uses are allowed only above the ground floor or attached to the rear
of the structure in mixed use buildings where other permitted uses are on the ground
floor fronting the public road.
6.16.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "CH"
Commercial Highway zone as outlined on Table 25.
6.16.3. Table 25: "CH" Bulk Standards
Lot Dimensions
Required Yards
(i)
Building
Height (max)
ft.
(ii)
Lot Area
(min) Ac.
(iii)
Lot
Frontage
(min) ft.
(iv)
Front Yard
(min) ft.
(v)
Interior
Side Yard
(min)ft.
(vi)
Exterior
Side Yard
(min)ft.
(vii)
Rear Yard
(min)ft.
1.0
75
25
10
25
20
60
6.16.4. Additional Regulations
(1)
All developments in Commercial Highway Zone may be subject to the following:
a.
Residential Uses shall be subject to Section 4.11 Dwelling Units,
Commercial Zones.
b.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.38
Apiculture (Beekeeping).
c.
Site Plan Approval / Design Review shall be required by the Development
Officer prior to the issuance of any building or development permits, for the
on-site locations and designs of all parking areas, private approaches,
6.0 Zoning Districts
152
Municipality of Deloraine-Winchester By-law 2022-04
garbage areas, and fencing, all of which shall be maintained to the
satisfaction of the Development Officer.
d.
The minimum lot area shall be 2.0 acres, the minimum lot frontage shall be
200 feet, the maximum building height shall be 45 feet for lots with no
piped services or only having piped water.
6.17. Industrial General - M
6.17.1. Purpose
This Zone provide areas for employment uses that occur entirely within an enclosed building
with limited use of outside areas to employee parking; not more than 2 loading areas; and
makes use of vehicles with GVWR less than 33,000 lbs. Retail trade accessory to the
employment activity may be allowable. Habitable spaces are allowed in limited forms to only
accommodate on-site workers, the business owner, caretaker, security guard or similar
employee.
6.17.2. Bulk Standards
The following zone regulations apply to all allowable uses in the "M" Industrial zone as outlined
on Table 26.
6.17.3. Table 26: "M" Bulk Standards
Lot Dimensions
Required Yards
(i)
Building
Height (max)
ft.
(ii)
Lot Area
(min)
ft2
(iii)
Lot Frontage
(min) ft.
(iv)
Front Yard
(min) ft.
(v)
Interior Side
Yard (min)ft.
(vi)
Exterior Side
Yard (min)ft.
(vii)
Rear Yard
(min) ft.
5,000
50
40
5
15
25
35
6.17.4. Additional Regulations
(1)
Notwithstanding other section of this Zoning By-law, the following zone
regulations apply in the M Zone:
a.
Apiculture (Beekeeping) shall be permitted as provided under Section 2.38
Apiculture (Beekeeping).
b.
Accessory Dwellings shall be permitted as provided under Section 4.1
Accessory Dwelling Units and Section 4.12 Dwelling Units, Industrial and
6.0 Zoning Districts
153
Municipality of Deloraine-Winchester By-law 2022-04
Institutional Zones.
c.
Mobile Homes and Mobile Units shall be permitted as Accessory Dwellings
Units as provided under Section 4.14 Mobile Homes and Mobile Units.
d.
Shall not have more than 2 loading areas unless approved by conditional
use.
e.
Shall not have vehicles with GVWR greater than 33,000 lbs without
conditional use.
f.
Shall not have more than 8 vehicles with GVWR greater than 19,501 lbs
without conditional use.
g.
Shall not use Truck Tractor/Trailer Combinations with 4 or more axles, or
railway cars.
h.
The manufacturing, fabricating, processing, assembly or disassembly of
materials, semi-finished goods, finished goods, products or equipment,
provided live animals are not involved in any aspect of the operation where
part or all of the processes and functions associated with the use are located
outside of a building shall be a conditional use.
i.
Uses with cleaning, servicing, testing, repairing or maintenance of industrial
or commercial goods and equipment where part or all of the processes and
functions associated with the use are located outside of a building shall be a
conditional use.
j.
The crushing, dismantling, sorting or processing of discarded goods outside
a building is conditional use
k.
Establishments whose sole purpose is to provide for the consolidation,
division and/or distribution of bulk goods through the use of Truck
Tractor/Trailer Combinations are conditional use.
l.
The intermodal system of transport whereby two or more modes of transport
are used to transport the same loading unit or truck in an integrated manner,
without loading or unloading, in a transport chain are conditional use.
m.
Establishments where part or all of the processes and functions associated
with the use are located outside of a building, including the function of
routinely using Truck Tractor/Trailer Combinations with 4 or more axles, or
railway cars are conditional use.
6.0 Zoning Districts
154
Municipality of Deloraine-Winchester By-law 2022-04
n.
A railyard where an area of land, a portion of which is covered by a system of
tracks, that provides for the making up of trains by one or more railroads or
private industry concerns. Necessary functions of a railyard include but are
not limited to the classifying, switching, storing, assembling, distributing,
consolidating, moving, repairing, weighing, or transferring of cars, trains,
engines, locomotives, and rolling stock are conditional use.
o.
The occupancy contains sufficient quantities of highly combustible and
flammable or explosive materials to constitute a special fire hazard because
of their inherent characteristics are conditional use.
6.0 Zoning Districts
155
Municipality of Deloraine-Winchester By-law 2022-04
Schedule B:
Map 1 - Municipality of Deloraine-Winchester
Map 2 - Deloraine
Map 3 - Turtle Mountain Tourism Area
0
1
2
3
0.5
Miles
0
2.5
5
1.25
km
Agriculture General
Agriculture Limited
Open Space
Institutional
Seasonal Recreation
General
Seasonal Recreation
Commercial
Residential First Density
Residential Second
Density
Residential Mobile Home
Commercial Main Street
Commercial Highway
Industrial General
R2
AL
AG
AL
OS
OS
AL
AL
CH
CH
AG
AL
SRC
CH
AL
AL
SRG
AL
OS
AL
OS
SRG
SRG
SRG
AG
AL
CH
OS
OS
AL
SRG
SRG
OS
AG
AL
AL
OS
R1
SRG
OS
OS
OS
OS
AG
AL
AL
AL
251
450
450
450
3
3
3
3
21
21
21
21
21
North Railway
Avenue
3 Highway
Provincial Trunk Highway 21
Provincial Road 450
Provincial Trunk Highway 3
Railway
Avenue
Railway
Avenue
Broadway
Street
Morton
Avenue
Provincial Trunk Highway 3
Chain Lakes
Road
D
r
om
o
re Lake
Road
Provincial Road 251
Dand-Regent-Croll Road
1 - 2 2 - W
1 - 2 3 - W
1 - 2 4 - W
2 - 2 2 - W
2 - 2 3 - W
2 - 2 4 - W
3 - 2 2 - W
3 - 2 3 - W
3 - 2 4 - W
4 - 2 2 - W
4 - 2 3 - W
4 - 2 4 - W
5
4
3
2
1
24
23
22
21
Map 1
Municipality of
Deloraine-Winchester
Date: 9/1/2022
\
Range
Twn
0
600
1,200
300
ft
0
150
300
75
m
Agriculture General
Agriculture Limited
Institutional
Residential First
Density
Residential Second
Density
Residential Mobile
Home
Commercial Main
Street
Commercial
Highway
Industrial General
CM
CM
R1
R1
RMH
R2
R1
R1
RMH
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R2
IN
IN
CH
AL
R1
R2
R1
R1
R1
AL
RMH
CH
CM
AL
CM
IN
R1
R1
R1
R1
R2
R1
R1
R1
R1
R1
R1
R1
R1
R2
R1
R1
R1
RMH
R1
R2
R1
R1
R1
R1
R2
R1
AL
IN
AL
AL
CM
IN
M
CM
IN
M
CM
CH
AL
IN
CM
AL
CH
M
AG
CH
R1
AL
AL
M
CM
AL
AL
CH
AL
CM
R1
R1
R1
R1
R1
R1
R1
RMH
R2
CH
M
21
3
3
3
3
3
3
3
North Rail
w
ay Av
e
nue
3 Highway
Provincial Trunk Highway 21
Dudley
Street
Malyska Drive
Lovett
Street
21 Highway
Alexander Avenue
du Jardin
Street
Broadway Street
Kellett Street
Stuart Avenue
Lake Street
Cavers Street
Renton Avenue
Finlay Avenue
South Railway Avenue
Morton Avenue
21 Highway
Mountain Street
Map 2
Deloraine
\
0
575
1,150
287.5
ft
0
150
300
75
m
Agriculture Limited
Open Space
Seasonal
Recreation General
Seasonal
Recreation
Commercial
OS
AL
OS
AL
OS
SRC
OS
OS
AL
SRC
SRC
OS
AL
SRG
SRG
SRG
SRG
SRG
OS
OS
SRG
SRG
SRG
SRG
SRG
SRC
SRG
SRG
SRG
SRG
OS
OS
OS
SRC
OS
AL
SRG
SRG
SRG
SRG
OS
OS
SRG
AL
SRG
450
450
450
450
Livingstone
Drive
Provincial Road 450
Mayn
a
r
d
Driv
e
F
r
a
nklin-
H
as
s
elfi
e
ld
R
o
a
d
F
raser
Lane
Murray Drive
J
ohnston
Drive
S
t
e
v
en
s
Cr
e
s
c
e
nt
Lizzie
L
a
ke Drive
Colqu
h
ou
n
C
r
e
s
c
ent
S
hear
s
Bay
H
arry P
a
s
s
more Ro
a
d
Jasper
Trail
Hillview
Crescent
E.S.
Murr
a
y D
r
ive
Drom
ore Lake Road
Map 3
Turtle Mountain
Seasonal Area
\