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Village of Notre Dame de Lourdes
L o m b a r d N o r t h G r o u p 505-93 L o m b a r d A v e. W i n n i p e g R3B 3B1 (204) 943-3896
Village of Notre Dame de Lourdes Zoning By-Law
BY-LAW NO. 035-05
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
i
THE VILLAGE OF NOTRE DAME DE LOURDES
BY-LAw NO. 035-05
BEING A BY- LAW to regulate the use and development of land within the Village of Notre
Dame de Lourdes.
WHEREAS, Section 42(1) of the Planning Act, Chapter P80, R.S.M., 1987, provides that a
Zoning By-law may be enacted by the Council of a municipality;
AND WHEREAS, pursuant to Section 27(1) of said Planning Act, the Board of the South
Central Planning District has by By-Law adopted a Development Plan;
AND WHEREAS, Section 32(2) of the same Act provides that a Zoning By- Law shall be
prepared upon the adoption of a Development Plan;
NOW THEREFORE, the Council of the Village of Notre Dame de Lourdes, in a meeting duly
assembled enacts the VILLAGE OF NOTRE DAME DE LOURDES ZONING BY-LAW.
DONE AND PASSED in Council duly assembled this_7th_day of____June___________2005.
READ A FIRST TIME THIS ____5th____day of ____ _______April_______ A.D. 2005
READ A SECOND TIME THIS _7th_day of _________June_____________ A.D. 2005
READ A THIRD TIME THIS _7th_day of __________June_________________A.D. 2005
The Village of Notre Dame de Lourdes
_________________________
Mayor
_________________________
Chief Administrative Officer
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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Table of Contents
Error! No table of contents entries found.Part 4: Use and Bulk
Tables .............................................................. 9
Table 4-1: 'AL' Agricultural Limited Zone....................11
Table 4-2: 'UR' Urban Residential Zone......................13
Table 4-3: 'UN' Urban Non-Residential Zone..............16
Table 4-4: 'M' Manufacturing/Industrial Zone..............19
Table 4-5: 'PR' Park and Recreation......................21
Part 5: Rules for Specific Uses ............................ 22
Table 5-1: Animal Units Summary Table ....................23
Part 6: Miscellaneous Regulations...................... 24
Part 7: Administration ........................................... 26
Part 8: Enforcement............................................... 30
Part 9: Interpretation.............................................. 32
SCHEDULE A: Zoning Maps................................ 37
Notre Dame de Lourdes .............................................38
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
1
PART 1: SCOPE
1.1
This by-law shall be known as the Village of Notre Dame de Lourdes Zoning By-
Law.
1.2
This by-law applies to all lands in the Village of Notre Dame de Lourdes as indicated
on Map 1 of Schedule A to this by-law.
1.3
This by-law regulates:
(a)
the construction, erection, alteration, enlargement or placing of buildings and
structures; and
(b)
the establishment, alteration or enlargement of uses of land, buildings and
structures.
1.4
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 this by-law, and only after all required permits have been obtained by the
owner.
1.5
Whenever a provision of another by-law or of a law or regulation of the provincial or
federal government contains a restriction governing the same subject matter
contained in this by-law, or imposes contradictory regulations with respect to uses,
buildings or structures, the most restrictive or highest standard shall prevail.
1.6
Nothing in this by-law, or in a development permit, approval of a conditional use,
variation order or other approval issued under this by-law or under The Planning
Act, shall be construed as authorization for the carrying out of any activity, which is
a nuisance due to noise, odour, emission, vibration or other cause.
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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PART 2: GENERAL REGULATIONS GOVERNING USES, BUILDINGS
AND STRUCTURES
Regulation of Uses
2.1
Subject to 2.3, no land, building or structure shall be constructed, enlarged, placed,
used or occupied except for a use which:
(a)
is listed in the Use and Bulk Tables which apply to such land, building or
structure as:
(i)
a permitted principal use;
(ii)
a conditional use, subject to approval as such; or
(b)
is an accessory use.
2.2
Where land or a building or structure is used for more than one purpose, all
provisions of this by-law relating to each use shall be satisfied. If there is a conflict,
the higher or more stringent requirement shall apply.
2.3
There shall be a maximum of one dwelling unit per site or parcel of land, except for
the following:
(a)
Two-family dwellings or multiple-family dwellings as provided for in this By-
law.
2.4
This by-law shall be interpreted so as not to interfere with the construction, erection
and location of the distribution facilities of a public utility. Office buildings,
warehouses, maintenance or storage compounds operated by a public utility shall
be subject to the provisions of this By-law.
2.5
Electric transmission lines and structures are deemed to be in compliance with this
by-law if they are carried out, constructed and operated in accordance with federal
and provincial law.
Existing Uses, Buildings and Structures
2.6
An existing use, building or structure which is classified as a permitted use,
building or structure in this By-law shall be allowed to continue to exist, and may be
enlarged or expanded, may be changed to another permitted use, or may be
replaced if destroyed.
(a) All buildings and structures existing at the effective date of this By-law are
deemed to conform to the bulk requirements of the zone in which the buildings
or structures are situated.
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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(b) The enlargement, expansion, change in use, or replacement shall be subject to
the issuance of a development permit, and shall conform with all requirements of
this By-law.
2.7
An existing use, building or structure which is classified as a conditional use in this
By-law shall be deemed to be an approved conditional use, building or structure and
shall be allowed to continue to exist, may be changed to a permitted use, or may be
replaced if destroyed, provided that the replacement does not increase the intensity
of the previously existing use.
(a)
In these circumstances, the change in use or replacement shall be subject to
the issuance of a development permit, and shall conform with all
requirements of this By-law; and
(b)
Where an enlargement or expansion of such a use is a proposed, it shall
require the specific approval of Council, in accordance with Part 7.
2.8
An existing use, building or structure which is not classified as a permitted or
conditional use, building or structure in this By-law shall be considered as a legal
non-conforming use, building or structure, and shall be subject to the provisions of
The Planning Act governing non-conformities.
(a)
A non-conforming use shall be allowed to continue to exist, and may be
changed to a permitted use;
(b)
A non-conforming use shall not be intensified, and shall not be changed to a
different non-conforming use;
(c)
A non-conforming use shall not be re-established if it is discontinued for a
period in excess of one year. A change in ownership or tenancy of a non-
conforming use shall not affect the status of the non-conforming use;
(d)
A non-conforming building or structure shall not be re-established if it is
removed or destroyed by more than 50 percent of its replacement value
above the foundation; and
(e) Other provisions of The Planning Act govern non-conforming uses,
buildings and structures, including a provision, which enables Council to
consider variation orders in situations where non-conformities are proposed
to be enlarged or expanded.
Permitted Uses, Buildings and Structures
2.9
Where a use, building or structure is provided for as a permitted use by this By-law,
the owner shall normally be entitled to establish, expand or enlarge the use, building
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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or structure, subject to the issuance of a development permit, and provided that the
use, building or structure complies with all requirements of this By-law.
Conditional Uses
2.10
The classification of uses as conditional uses is intended to provide for a special
process of review and approval for certain types of development which, due to their
inherent characteristics, may have potential adverse impacts on nearby properties
or resources.
2.11
Where a use, building or structure is provided for as a conditional use by this By-
law, the establishment, enlargement or expansion of the use, building or structure
shall be subject to the specific requirements of The Planning Act pertaining to
conditional uses.
Accessory Uses
2.12
No accessory use shall be established, and no accessory building or structure shall
be constructed or erected, prior to the establishment of the use of land, building or
structure to which it is accessory (except under Section 2.13).
2.13 An accessory garage or storage building may be constructed or erected for the
purpose of storage of materials and equipment for use during construction of the
main building, provided that a development permit has been obtained for the main
or principal building.
2.14
For the avoidance of doubt, an accessory use, building or structure may be
accessory to an approved conditional use; however no accessory use or building
shall be constructed or located on the site prior to review and approval by Council in
accordance with Part 7, if the accessory building or structure contributes
significantly to an intensification or expansion of the conditional use.
Zoning Designations
2.15
Uses of land in the municipality are regulated in accordance with the following zoning
designations:
(a)
"AL" Agricultural Limited
(b)
"UR" Urban Residential
(c)
"UN" Urban Non-Residential
(d)
"M" Manufacturing and Industrial
(e) "PR" Park and Recreation
and these designations are established as shown on maps comprising Schedule
"A" of this by-law.
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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2.16 The permitted and conditional uses prescribed for sites within each designation
are those set out in the Use and Bulk Tables.
2.17
Accessory Buildings, Structures and uses to Include:
i)
Accessory buildings, structures and uses include the following, in the
AG and AL Agricultural Zones and GD, General Development and
UR, Urban Residential and M Manufacturing/ Industrial Zones:
a)
Incinerators and individual sewage disposal systems, subject
to the authority having jurisdiction;
b)
Private communications, such as televisions, radio antennas,
aerials, satellite dishes and other utilities;
ii)
Accessory buildings, structures and uses include the following in the
AG and AL Agricultural Zones and GD, General Development and
UR, Urban Residential:
c)
A children's playhouse, garden house, private swimming pool (open
or closed) and gazebo;
d)
A private garage, carport, covered patio, tool house, shed and other
similar buildings for storage of domestic equipment and supplies;
e)
Home daycare and group daycare;
f)
Home based businesses, as regulated in Subsection 5.1 of Part Five
- Rules for Specific Uses;
iii)
Accessory buildings, structures and uses include the following in the
AG and AL Agricultural Zones:
g)
A farm dwelling, including a single-family dwelling or a mobile
home when on the same site with a permitted or conditional
agricultural use;
h)
Staff dwelling, to include a single-family dwelling, two-family
dwelling, dormitory and mobile home, when on the same site
with permitted or conditional agricultural use and other
permitted or approved uses, where, in the opinion of the
Council, said dwelling is essential for the maintenance,
operation and care of the permitted or conditional use;
i)
Farm buildings or structures for the operation and
maintenance of an agricultural activity;
j)
Storage of goods used in or produced by agricultural activities
on the same site with such activities, unless such storage is
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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excluded by the zone regulations;
iv)
Accessory buildings, structures and uses in all zones:
Accessory building, structures and uses, except as otherwise
regulated in this By-Law, shall be subject to the following
regulations:
k)
Where an accessory building or structure is attached to a main
building or structure, it shall be subject to and shall conform to,
all regulations of this By-Law applicable to the main building or
structure;
l)
Detached accessory buildings or structures shall not be
located in any front yard of the principal use, except as
provided for elsewhere herein;
m)
In no instance shall an accessory building or structure be
located within a dedicated easement right-of-way.
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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PART 3: GENERAL BULK REQUIREMENTS
3.1
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 minimum site area, minimum site width and yard requirements prescribed
for each designation and use in the Use and Bulk Tables and the other
requirements of this part.
Corner Vision Triangles
3.2
In order to provide for a reasonable measure of traffic safety within the "UR" Urban
Residential Zones and "UN" Urban Non-Residential Zones of Notre Dame de
Lourdes, it is considered important to provide for good visibility conditions at street
intersections, by establishing special open space requirements as follows:
(a)
No building, structure, vehicular parking space, shelterbelt, hedge or
stockpiling of materials exceeding a height of 3 feet above grade shall be
located within a triangular area of any site adjacent to an intersection of two
public streets, with the sides of the triangular area being measured a
distance of 10 feet along each property boundary from the point of
intersection.
Projections into Yards
3.3
Within all zones, the required yards are intended to provide open spaces around
buildings and structures for purposes of amenity, privacy, fire protection, and
maintenance operations along the walls of buildings. Required yards shall be
maintained as open space areas on all sites, except as follows:
(a)
Open, unenclosed projections of a building, including eaves, awnings, stairs,
landings, wing-walls, raised decks and balconies, may extend into a required
yard up to 50 percent of the required yard depth to a maximum projection of
5 feet, whichever is the lesser;
(b)
Enclosed projections of a building, including chimneys, alcoves, and bay
windows may extend into a required yard up to 50 percent of the required
yard depth to a maximum projection of 5 feet, whichever is the lesser,
provided that no more than 10 square feet of area within any required yard is
occupied by these types of projection;
(c)
Landscaping features such as driveways, sidewalks, and patios at grade
level, ornamental plantings, fences and other decorative features are
permitted within any required yard, provided that the maximum height of a
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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fence in any required front yard shall be 3 feet, and the maximum height of a
fence in any required side or rear yard shall be 6 feet; and
(d)
Portable buildings not exceeding 100 square feet in floor area for the storage
of domestic equipment may be located within any required interior side yard
or required rear yard, provided that a separation distance of 1 foot is
maintained from the site line, and a separation distance of 3 feet is
maintained from any dwelling.
Double Frontage Sites
3.4
Within the "UR" Urban Residential Zone and "UN" Urban Non-Residential Zone,
where a site has frontage along two more or less parallel streets, the following
provisions shall apply:
(a)
Where the site depth is greater than 200 feet, both site lines which abut
these streets shall be considered to be front site lines, and the adjacent
yards shall both be considered to be required front yards; and
(b)
Where the site depth is 200 feet or less, only one site line shall be
considered to be the front site line, and this determination shall be made by
the development officer, based on the arrangement of existing buildings in
the immediate area.
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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PART 4: USE AND BULK TABLES
Purpose of Zones
4.1
The use of zones established in this By-Law are intended to provide sufficient land
in suitable locations to meet the needs of the community and the provisions of the
South Central Planning District Development Plan.
4.2
The "AL" Agricultural Limited Zone is hereby established in this Zoning By-
Law and is intended to;
(a) Accommodate continued limited agricultural use of undeveloped land within the
Village of Notre Dame de Lourdes, in a manner which will be compatible with
existing development in the Town; and
(b) To provide a land reserve for urban expansion within the Village of Notre
Dame de Lourdes.
4.3
The "UR" Urban Residential Zone is hereby established in this by-law and is
intended to:
provide for residential and related community development within the Village of
Notre Dame de Lourdes, based upon the extension of municipal sewer services.
Permitted uses in this zone represent uses that are residentially related or
supportive of residential development. Conditional uses under this zone are
considered generally related to residential uses, but may require more detailed
consideration of their development, as provided under a conditional use review to
ensure the proper fit within the local neighbourhood context due to the size of
associated buildings, site area or use characteristics.
4.4
The "UN" Urban Non-Residential Zone is hereby established in this by-law
and is intended to:
provide for commercial retail sales and services, including limited manufacturing
and processing uses in the Village of Notre Dame de Lourdes, in keeping with the
provisions of the South Central Planning District Development Plan. Permitted uses
under this zone are uses which are compatible within a central business area and
fringe areas of residentially related uses. Conditional uses under this zone provide
for the opportunity to consider the fit within the community of commercial uses
which may be highway related, require storage in buildings or compounds or
provide multiple uses within a common building.
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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4.5
The "M" Manufacturing and Industrial Zone is hereby established in this by-
law and is intended to:
provide for manufacturing and industrial uses in the Village of Notre Dame de
Lourdes in keeping with the provisions of the South Central Planning District
Development Plan.
4.6 The "PR" Park and Recreation Zone is hereby established in this by-law and
is intended to:
provide for the establishment of public parks and recreation areas and facilities
within the Village of Notre Dame de Lourdes.
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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TABLE 4-1: 'AL' AGRICULTURAL LIMITED ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)(b)
Rear
Yard
(feet)
(a)(b)
PERMITTED PRINCIPAL USES
Agricultural Activities, Limited
40
1,000
125
25
25
Agricultural Activities, Specialized (c)
2
200
125
25
25
Community Halls (d)
2
200
125
25
25
Exhibition Grounds
2
200
125
25
25
Market Gardens, Nurseries or Greenhouses
2
200
125
25
25
Recreation Facilities
2
200
125
25
25
CONDITIONAL USES
Advertising sign
-
-
As determined by Council
Auction Marts
2(e)
200
50
25
25
Campgrounds
2(e)
200
50
25
25
Earth Moving Contractors
2(e)
200
50
25
25
Establishments for the storage, handling or
processing of agricultural produce, in return for
remuneration (d)
2
200
50
25
25
Establishments for the sales, storage or
distribution of agricultural supplies, equipment or
structures (d)
2(e)
200
50
25(f)
25(f)
Establishments related to the harvesting of
natural resources, such as oil and gas
2(e)
200
50
25
25
Livestock (See Section 5.2)
6.5 (c)
300
125
25
25
Kennels
2(e)
200
50
25
25
Manufacturing, Fabricating, Machining,
Processing or Repair Establishments (d)
2(e)
200
50
25
25
Motor Vehicle or Agricultural Equipment Body
Shops, Salvage or Wrecking Operations
2(e)
200
50
25
25
Museums or Historic Sites
2(e)
200
50
25
25
Non-Farm Dwellings
2(e)
200
50
25
25
Public Works Compounds and Maintenance
Buildings
2(e)
200
50
25
25
Religious Institutions (d)
2(e)
200
50
25
25
Riding Academies and Stables (c)
2
200
50
25
25
Sewage Lagoons
2
200
50
25
25
Trucking Establishments (d)
2(e)
200
50
25
25
Veterinary Clinics
2(e)
200
50
25
25
ACCESSORY USES, BUILDINGS, AND
STRUCTURES (See Section 2.17)
-
-
50
25
25
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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The following footnotes form part of this TABLE 4-1:
(a)
In the case of sites which abut roads under the jurisdiction of Manitoba
Transportation and Government Services, the front, side and rear yard
requirements shall be as established by the highway authority.
(b)
Where a side site line or rear site line is adjacent to a government road allowance or
other municipal road, the minimum required side yard or rear yard shall be 50 feet.
(c)
Site area associated with the keeping of livestock shall be subject to the provision of
Section 5.2 of this By-law. Apiaries shall be considered as a conditional use when
proposed to be located within the Village of Notre Dame de Lourdes.
(d)
These types of uses may be allowed in the '"AL" AGRICULTURAL LIMITED ZONE
only if no suitable site is available in the "UN" Urban Non-Residential Zone, in
accordance with the provisions of the South Central Planning District Development
Plan.
(e)
The maximum site area shall be 10 acres, unless physical features of the site, such
as natural drains, shelterbelts, etc. indicate that a slightly larger site would be
appropriate.
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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TABLE 4-2: 'UR' URBAN RESIDENTIAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED PRINCIPAL USES
Bed and Breakfast establishments, with a
maximum of 2 suites
7,500
75
25
5(b)
25
Boarding or Rooming Houses, with a
maximum of 2 suites
7,500
75
25
5(b)
25
Day Care Facilities, accommodating up to 8
children
7,500
75
25
5(b)
25
Dwellings, single-family
5,000
50
25
5(b)
25
Dwellings, mobile home (l)
4,000
40
15
5(c)
10
Dwellings, two-family (d)
7,500(e)
75(e)
25
5(b)(e)
25
Parks or Playgrounds
1,000
20
-
-
-
Public Utilities
5,000(g)
50(g)
25(g)
5(b)(g)
25(g)
Religious Institutions
7,500
75
25
5(b) (h)
25
Residential Care Facilities, providing service
for up to 2 persons
7,500
75
25
5(b)
25
CONDITIONAL USES
Signs HomeBased Business greater than
12 sq. ft.
Bulk requirements as determined by Council
Boarding or Rooming Houses, with more
than 2 suites
7,500
50
25
5(b)
25
Clubs, Private or Public
7,500
75
25
5(b)
25
Cultural Facilities, including auditoriums,
community clubs, libraries, museums,
theatres, and historic sites
7,500
50
25
5(b) ( h)
25
Day Care Facilities accommodating 9 or
more children
7,500
75
25
5(b)
25
Dwellings, multiple-family, over 3 dwelling
units (f)
(g)
100
25
5(b) ( h)
25
Institutional Buildings, including hospitals,
schools, personal care homes and senior
citizen homes
20,000
100
25
15(h)
25
Planned Unit Development as defined by
The Planning Act
As determined by Council
Recreation Facilities
5,000
50
25
5(b)
25
Residential Care Facilities, providing service
to 3 persons or more
7,500
75
25
5(b)
25
ACCESSORY USES , BUILDING &
STRUCTURES
-
-
25(k)
5(h) (j)
5(i)(j)
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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The following footnotes form part of this TABLE 4-2:
(a)
In addition to the minimum requirements of this TABLE, the following requirements
shall also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be
30 feet;
(ii)
Maximum allowable height for all accessory buildings and structures shall be
12 feet; and
(iii)
Minimum dwelling unit area shall be 600 square feet.
(b)
The minimum required side yard shall be adjusted as follows:
(i)
When located on a corner site, the minimum required side yard on the street
side of the site shall be 15 feet for all principal and accessory buildings and
structures;
(ii)
Where the height of the building is in excess of 20 feet above average grade,
the required side yard shall be half the height of the building; and
(iii)
Where the side wall of the building contains any window in excess of 20
square feet in area; the minimum required interior side yard shall be 12 feet.
(c)
For mobile home sites, there shall be an open space at least 20 ft. by 50 ft. adjacent
to the side of the mobile home containing either the entrance or the main living room
window, to be utilized for household exterior recreational use.
(d)
Where dwellings are to be developed in accordance with a bare land condominium
concept, the minimum required site area, minimum required site width, and
minimum required yards shall not apply to individual condominium units; however,
the front and rear walls of the condominium structure shall be set back a minimum
distance of 25 ft. from the front and rear boundaries of the condominium lot, and the
side wall shall be set back a minimum distance of 5 ft. from the side boundary,
unless the wall is a party wall, in which case the minimum required side yard shall
be 0 ft.
(e)
In the case of two-family dwellings, each unit may occupy a separate site, in which
case the minimum site area requirement shall be 3,500 sq. ft., the minimum site
width requirement shall be 35 ft. and the minimum side yard requirement along the
party wall shall be 0 ft.
(f)
The minimum required site area for the first 3 dwelling units shall be 9,000 square
feet, and the minimum required site area shall increase by an additional 1,000
square feet for each additional dwelling unit above 3 units.
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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(g)
Where the proposed development consists of a building or structure less than 100
square feet in floor area, a smaller site may be approved, provided that the site is
not adjacent to a required front yard of a residential site, and provided that a
separation distance of 7 feet is maintained from all site lines.
(h)
When located entirely to the rear of the principal building, the minimum required
interior side yard for accessory buildings and structures shall be 3 feet.
(i)
Where the rear site line is not adjacent to a public lane, the minimum required rear
yard for accessory buildings and structures shall be 3 feet.
(j)
Where an accessory building is used for the storage of a motor vehicle, the wall
which contains the vehicular access door shall be set back a minimum distance of
10 feet from a public lane or street.
(k)
The maximum allowable height for a fence in a required front yard shall be 3 feet
above grade.
(l)
Mobile homes may only locate in an approved mobile home park, where the sites
are leased or within an approved mobile home subdivision, where lots are
separately titled property, all in accordance with a Municipal Development
Agreement
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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TABLE 4-3: 'UN' URBAN NON-RESIDENTIAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED PRINCIPAL USES
Accommodation Facilities, including
Hotels and Motels
10,000
100
25(b)
25(c)
25(c)
Bakeries
5,000
50(b)
25(b)
10(b)
25(b)
Clubs, Private or Public
5,000
50(b)
25(b)
10(b)
25(b)
Cultural Facilities, including auditoriums,
community clubs and halls, libraries,
museums, theatres, and historic sites
5,000
50(b)
25(b)
10(b)
25(b)
Emergency Services, including police and
fire stations
5,000
50(b)
25(b)
10(b)
25(b)
Establishments for the provision of
personal services, including offices,
financial institutions, clinics, salons, day
care facilities and funeral homes
5,000
50(b)
25(b)
10(b)
25(b)
Establishments for the sale of goods or
services, provided that all storage is within
a fully enclosed building
5,000
50(b)
25(b)
10(b)
25(b)
Food or Beverage Service Establishments
5,000
50(b)
25(b)
10(b)
25(b)
Institutional Buildings, including hospitals,
schools, personal care homes and senior
citizen homes
20,000
100
25
15
25
Parks or Playgrounds
1,000
20
-
-
-
Printing or Publishing Establishments
5,000
50(b)
25(b)
10(b)
25(b)
Public Parking Areas
5,000
50
-
-
-
Public Utilities
5,000(d)
50(d) (b)
25(b,d)
10(b,d)
25(b,d)
Recreation Facilities
5,000
50(b)
25(b)
10(b)
25(b)
Religious Institutions
5,000
50(b)
25(b)
10(b)
25(b)
CONDITIONAL USES
Advertising Signs in excess of 50 sq. ft.
-
-
As determined by Council
Conversion of Commercial Uses to
Residential
5,000
50(b)
25
10 (b)
25 (b)
Drive-Through Facilities or Businesses
5,000
50
25
10(b)
25(b)
Establishments for the sales, storage or
distribution of agricultural supplies,
equipment or structures
10,000
100
25(b)
15(b,d)
25(b,d)
Establishments for the sale of goods and
services, where there is exterior storage of
products
10,000
100
25(b)
15(b)
25(b)
Fuel Sales and Storage Establishments
5,000
50
25(b)
10(b)
25(b)
Manufacturing, Fabricating, Machining,
Processing or Repair Establishments, not
5,000
50
25(b)
10(b,e)
25(b,e)
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
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described elsewhere in this table
Nurseries or Greenhouses
5,000
50
25(b)
10(b)
25(b)
Planned Unit Development as defined by
The Planning Act
As determined by Council
Public Works Compounds and
Maintenance Buildings
5,000
50
25(b)
10(b)
25(b)
Storage Buildings and Warehouses for
Non-Hazardous Materials
5,000
50
25(b)
10(b)
25(b)
Storage Facilities and Compounds,
Exterior, for Non-Hazardous Materials
5,000
50
25(b)
10(b)
25(b)
Trucking Establishments
10,000
100
25
15
25
Veterinary Clinics
10,000
100
25
15
25
ACCESSORY USES, BUILDINGS AND
STRUCTURES (See Subsection 2.17)
-
-
25(b)
(f) (g)
5(f)(g)
5(f)(g)
The following footnotes form part of this TABLE 4-3:
(a)
In addition to the minimum requirements of this TABLE, the maximum allowable
height for all principal buildings and structures shall be 30 feet, and the maximum
allowable height for all accessory buildings and structures shall be 18 feet, with the
exception of grain storage structures, fuel and fertilizer storage tanks, church
steeples and telecommunications towers.
(b)
When located in the central business development area of the community, as
determined by Council, the minimum required site width shall be 25 feet and the
minimum required front yard shall be 5 feet except, when adjacent yard set backs,
differ then the yards shall be compatible with adjoining yards as determined by
Council.
(c)
Where the exterior wall does not contain any exterior windows or entrances to
individual suites, and where there is sufficient parking provided elsewhere, the
minimum required yard shall be 5 feet.
(d)
Where the proposed development consists of a building or structure less than 100
square feet in floor area, a smaller site may be approved, provided that the site is
not adjacent to a required front yard of a residential site, and provided that a
separation distance of 7 feet is maintained from all site lines.
(e)
Where the side or rear site line of a site coincides with the boundary of a railway
right-of-way, the minimum required yard shall be 0 ft. for those structures which
require railway service for loading or unloading.
(f)
Where an accessory building is used for the storage of a motor vehicle, the wall
which contains the vehicular access door shall be set back a minimum distance of
10 feet from a public lane or street.
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(g)
Where a building contains an accessory dwelling unit at ground level, the minimum
required yard for that portion of the building containing the dwelling unit shall be 15
feet.
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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TABLE 4-4: "M" MANUFACTURING / INDUSTRIAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(sq.ft.)
Site
Width
(feet)
Front
Yard
(a & b)
Side
Yard
(c)
Rear
Yard
(d)
PERMITTED PRINCIPAL USES
Agricultural machinery parts and
equipment, manufacturing, repairs, sales
and service
20,000
100
30
10
20
Autobody shops
6,000
50
25
5
20
Automotive, bicycle and marine vehicles
and parts, manufacturing sales, repair,
service and rental
10,000
80
30
10
20
Blacksmith shops
6,000
50
25
5
20
Lumbers, sales and storage yards Subject
to Performance Standard (e)
20,000
100
30
10
20
Maintenance and Public Works yards
Subject to Performance Standard (e)
10,000
80
30
10
20
Manufacturing general and assembly of
pre-manufactured parts
10,000
80
30
10
20
Petroleum or petroleum products
bulk stations sales and storage
10,000
80
30
10
20
Public Utilities
10,000
80
30
10
20
Signage identification and advertising
- - -
- - -
Subject to approval of
Council
Trucking Terminals
20,000
100
30
10
20
CONDITIONAL USES
Auto wrecking and used parts storage and
sales yard Subject to Performance
Standard (f)
20,000
100
30
10
20
Chemicals and gas compounding plants,
bulk storage and handling facilities
20,000
100
30
10
20
Recycling yards Subject to Performance
Standard (g)
10,000
80
30
10
20
ACCESSORY BUILDINGS,
STRUCTURES AND USES (SEE SUB-
SECTION 2.17)
As
required
for
permitted
use
As
required
for
permitted
use
30
5
5
The following Performance Standards form part of this TABLE 4-4:
a)
Front yards shall include landscaped green space adjacent to the street right-of-
way, at lease 10 feet in depth as measured from the front property line;
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
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b)
Parking of customer and employee vehicles may occur in the front yard;
c)
Access and loading lanes utilizing the side yard must not encroach on the side
yard set back;
d)
Outdoor storage and loading areas may occur within the rear yard;
e) Requires construction of a six foot light proof fence around the storage
area. In the event a light proof fence is not provided, this use shall be
deemed a conditional use;
f)
Storage in the front yard may be permitted provided it is set back from the road
right of way the minimum front yard distance and is screened from the street by
the establishment of a minimum of a six foot light proof fence around that portion
of the storage area for that portion of the site within the front and side yard of the
building.
g) Outdoor storage requires that it occur in the rear yard and is fenced from
view of adjoining properties by a six foot light proof fence;
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
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TABLE 4-5: 'PR' PARK AND RECREATIONAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED PRINCIPAL USES
Parks or Playgrounds
1,000
20
-
-
-
Recreation Fields, arenas, golf courses and
similar uses
20,000
100
25
15(b)
25
Cultural Facilities, including auditoriums,
community clubs and halls, libraries,
museums, theatres, and historic sites
5,000
50
25(b)
10(b)
25(b)
CONDITIONAL USES "PR" DISTRICTS
Agriculture Fair Grounds
20,000
100
25
15 (b)
25
Fair and Exhibition Grounds
20,000
100
25
15(b)
25
Public Utilities
5,000(a)
50(a)
25(a)
5(a)(b)
25(a)
Schools Public or Private
20,000
100
25
15(b)
25
Accessory Buildings, Structures and Uses
(See Sub-Section 2.17)
As
required
for
permitted
use
As
required
for
permitted
use
25
5
5
The following footnotes form part of this TABLE 4-5:
(a)
Where the proposed development consists of a building or structure less than
100 square feet in floor area, a smaller site may be approved, provided that the
site is not adjacent to a required front yard of a residential site, and provided that
a separation distance of 7 feet is maintained from all site lines.
(b)
The minimum required side yard shall be adjusted as follows:
(i)
When located on a corner site, the minimum required side yard on the
street side of the site shall be 15 feet for all principal and accessory
buildings and structures;
(iii)
Where the height of the building is in excess of 20 feet above average
grade, the required side yard shall be half the height of the building;
and
(iii)
Where the side wall of the building contains any window in excess of
20 square feet in area; the minimum required interior side yard shall
be 15 feet.
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
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PART 5: RULES FOR SPECIFIC USES
Home-Based Businesses
5.1
Home-based businesses are governed by the following rules:
(a)
they shall be conducted by a person or persons residing in the dwelling;
(b)
persons employed or otherwise engaged in the business who do not reside
in the dwelling may not exceed 4.
(c)
in the "UR" Urban Residential Zone, exterior storage or processing
operations shall be dealt with as a conditional use.
(d)
not more than 1,000 square feet of floor area may be devoted to the
business;
(e)
one business sign, either freestanding or affixed to the wall of a principal or
accessory building is permitted, not exceeding 12 square feet;
(f)
they shall not generate undue traffic or congestion, adversely affect the
amenity and convenience of the neighbourhood, or create a nuisance; and
(g)
the residential character of the property shall be maintained.
Keeping of Livestock
5.2
Within areas which are zoned as "AL" Agricultural Limited Zone, livestock may be
kept on a limited basis, subject to conditional use approval and the following
requirements:
(a) The minimum acreage requirement shall be determined by the total number
of animal units is calculated on the basis of 3.0 acres for each 1.00 animal
units produced by the animal type.
(b) The application of manure to lands zoned "AL" Agricultural Limited will be
confined to the quantity of manure generated by the number of livestock
defined by subsection 5.2(a).
5.3
The provisions of this By-law are dependent upon a determination of the production
capacity of a livestock production operation, which shall be based upon the intensity
of use as measured by Animal Units determined in accordance with Table 5-1 by
multiplying the number of animals by the animal unit produced by one livestock.
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Table 5-1: Animal Unit Summary Table
A.U. Produced
By One
Livestock
Livestock
Producing
One A.U.
Dairy
Milking Cows, including associated
livestock
2.0
0.5
Beef
Beef Cows, including associated livestock
1.25
0.8
Backgrounder
0.5
2.0
Summer pasture/replacement heifers
0.625
1.6
Feeder cattle
0.769
1.3
Hogs
Sows, farrows to finish
1.25
0.8
Sows, farrows to weanling
0.313
3.2
Sows, farrows to nursery
0.25
4.0
Weanlings
0.033
30
Growers/Finishers/Biotechs/Feeders
0.143
7.0
Boars (artificial insemination operations)
0.2
5.0
Chickens
Broilers
0.005
200
Roasters
0.01
100
Layers
0.0083
120
Pullets
0.0033
300
Broiler Breeder Pullets
0.0033
300
Broiler Breeder Hens
0.01
100
Turkeys
Broilers
0.01
100
Heavy Toms
0.02
50
Heavy Hens
0.01
100
Horses (PMU)
Mares, including associated livestock
1.333
0.75
Feedlot
1.00
1
Sheep
Ewes, including associated livestock
0.2
5
Feeder lambs
0.063
16
Goats
All
0.14
7.14
Elk
Calves
0.05
20
Cows
0.53
1.89
Bulls
0.77
1.29
Bison
Calves
0.25
4
Adults
1.00
1
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
ZONING BY-LAW 035-05
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Hazardous Materials Storage
5.4
No bulk farm chemical supply warehouse, inland grain terminal (excluding existing
inland grain terminals), bulk fuel or fertilizer storage or anhydrous ammonia storage
container shall be located within:
(a)
One thousand (1,000) feet of a building used for human occupancy or
individual residence with the exception of a dwelling or mobile home for the
owner or operator;
(b)
Two thousand six hundred forty (2,640) feet of a , "UR", "UN", or "PR"
zone; and
(c)
Three hundred and twenty-eight (328) feet of a municipal road or provincial
highway.
PART 6: MISCELLANEOUS REGULATIONS
Land Subject to Flooding
6.1
No buildings or structures, except for barbed wire fences, shall be built in areas in
the vicinity of creeks or streams which, in the opinion of Council, are subject to
flooding by a one hundred year flood, unless the owner provides sufficient
information prepared by a qualified consultant, to demonstrate compliance with the
provisions of the South Central Planning District Development Plan.
6.2
Where development is proposed in an area which in the opinion of the Development
Officer, may be subject to ponding due to snowmelt or heavy rainfall events, the
owner may be required to provide additional measures, including the provision of
sufficient fill around the building, to provide an additional measure of protection from
flood damage.
6.3
No permanent building shall be constructed or placed on land, which is subject to
subsidence or erosion by water or is marshy or unstable, or is otherwise unsuitable
or hazardous by virtue of its soil or topography, unless it is demonstrated to the
satisfaction of council that proper measures will be taken to deal with the
unsuitability or hazard.
Site Reduced by Road Widening
6.4
Where the site area or site width of a parcel of land has been reduced as a result of
land acquired for the establishment or widening of a public road or drain, or for any
other public work, the land which has been acquired shall be deemed to be part of
the site for purposes of determining compliance with the minimum site area and site
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
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width requirements and required yards for existing buildings as specified by this By-
law. However, where new buildings or structures are proposed, the required yards
shall be determined by the location of actual site boundaries.
Building Removal
6.5
Upon completion of removal or demolition of a building from a site, the old
foundation shall be removed, any excavation shall be filled, the ground shall be
levelled and the site shall be put in a safe condition to the satisfaction of the
Development Officer.
Road Access
6.6
No permanent building may be constructed or placed on a site, which does not have
legal access to an improved public road.
Service Connections
6.7
Where a site is served by municipal piped sewer or water, no permanent principal
building shall be constructed or placed unless it is connected to such services.
Public Monuments and Cairns
6.8
Nothing in this by-law shall be so interpreted as to interfere with the establishment
or public monuments and cairns.
Signs
6.9
No sign or sign structure shall be erected at any location where it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign or obstruct the
view of any highway or street intersection or railroad crossing.
6.10
All signs and their support structures shall be kept in good repair. Signs which have
become obsolete because of the discontinuance of the business service and have
not been removed or relocated within 30 days following such condition may be
removed by the Municipality at the owner's expense.
Temporary Buildings & Uses
6.11
Temporary buildings, structures and uses of land are permitted on a site in
connection with construction and development on that or a nearby site, subject to
the issuance of a development permit and only for the following purposes:
(a)
offices for the contractor or developer or project supervisor;
(b)
accommodation for a caretaker;
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
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(c)
storage of materials and equipment.
6.12
A development permit for a temporary building or structure or use shall be valid for 6
months and may not be renewed for more than 2 successive 6 month periods.
6.13 Despite 3.3, a wheelchair ramp may extend into the required yard of a residence
for as long as is required by an occupant of the residence, subject to the issuance
of a development permit.
PART 7: ADMINISTRATION
Administration and Enforcement
7.1
In the administration and enforcement of this by-law the municipality authorizes and
directs the Board of the South Central Planning District to proceed under Part 8.
Development Permits
7.2
A development permit is required for any the following:
(a)
subject to 7.3, the erection, construction, enlargement, structural alteration or
placing of a building or structure;
(b)
the establishment of a use of land or a building or structure;
(c)
the change of a use of land or a building or structure from the existing use to
a use which is not a permitted use;
(d)
the alteration or enlargement of an approved conditional use.
7.3
Every owner shall be required to obtain a development permit prior to the
commencement of development, including the commencement of construction or
relocation of any building or structure, except as provided herein. The issuance of
a development permit in respect of a building or structure does not affect the
obligation to obtain a building permit or other permit where they are required under
the building by-law for such a building or structure, nor does it relieve the owner
from the responsibility of obtaining any other permit or approval that may be
required by any other administrative body, including business licences,
environmental approvals, highway access approvals and similar approvals.
7.4
A development permit is not required for the following:
(a)
the erection, construction, enlargement, structural alteration or placing of the
following as accessory structures:
(i)
fences,
(ii)
signs (not including advertising signs where they are conditional
uses),
(iii)
lighting,
(iv)
flagpoles,
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(v)
sheds and buildings for the storage of domestic equipment and
supplies, except those with a floor area of 100 square feet or more
(vi)
communications aerials or antennas,
(vii)
garden houses or children's playhouses,
(viii)
water supply wells and private sewage disposal systems,
(ix)
unenclosed patios, and
(x)
temporary signs and notices, including real estate signs.
(b)
The maintenance, replacement or restoration of building components and
finishes, provided that the size of the building or structure is not materially
increased, or the structural load carrying capacity of any component is not
reduced.
7.5
Despite not requiring a development permit, all things listed in 7.4 shall be subject
to the requirements of this by-law.
7.6
An application for a development permit shall be made by the owner or owners of
the site in question, or by a person authorized in writing by them.
7.7
An application for a development permit shall be accompanied by plans drawn to
scale showing the following:
(a)
the shape and dimensions of the site to be used or built on;
(b)
the location and dimensions of existing buildings and structures;
(c)
the location and dimensions of the proposed building, structure, enlargement
or alteration, including separation distances from site boundaries;
(d)
the use or uses of each existing and proposed building and structure, or of
the land, and the area to be occupied by each use;
(e)
vehicular access and utility connections;
and shall include any other information required by the development officer to
determine compliance with, and to provide for enforcement of, this by-law.
7.8
An application for a development permit shall be accompanied by the fee prescribed
by the Board of the South Central Planning District.
7.9
Despite apparent compliance with this by-law, the development officer may refuse
to issue a development permit where the proposed building, structure or use does
not, in the development officer's opinion, comply with the building by-law or with any
other law, subject to 8.6 and 8.7.
7.10
No person shall use or occupy any land, building or structure, or erect, construct,
enlarge, alter or place any building or structure, except in accordance with an
approved development permit (where required), and with this by-law.
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7.11
All proposed development shall be in accordance with the application and drawings
submitted to and approved by the Development Officer. No work shall vary from the
approved application and drawings without the prior written authorization of the
Development Officer, and the owner shall ensure that all development is completed
in accordance with the approved development permit.
7.12
The development officer may revoke a development permit:
(a)
when information accompanying the development application is incorrect or
incomplete and an existing or proposed building, structure or use is
thereafter found to be in contravention of this by-law, the building by-law, or
any other law; or
(b)
when a development permit was issued in error.
Development Officer
7.13
The development officer shall be the person appointed as such by the Board of the
South Central Planning District.
7.14
The development officer, on behalf of the municipality, shall issue development
permits and otherwise administer and enforce the provisions of this by-law and The
Planning Act, where applicable.
7.15 The development officer shall exercise the powers of remedy and enforcement
set out in Part 8.
7.16
The development officer is authorized to grant or refuse, in his or her discretion, a
minor variation not to exceed 10 percent of the required yard provisions.
Application for Amendment
7.17 An application for an amendment to this by-law, including a change to the maps,
shall be made to the development officer by the owner or owners of the land in
question, or by a person authorized in writing by them.
7.18 An application for amendment shall be accompanied by plans drawn to scale
showing the following:
(a)
the shape and dimensions of the land affected;
(b)
the location and dimensions of existing buildings and structures;
(c)
the location and dimensions of any proposed building, structure, enlargement
or alteration;
(d)
the use or uses of each existing and proposed building and structure, or of
the land, and the area to be occupied by each use;
and shall include any other information required by the development officer to
determine compliance with, and to provide for enforcement of, this by-law.
VILLAGE OF NOTRE DAME DE LOURDES LOMBARD NORTH GROUP (1984) LTD.
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7.19
An application for an amendment shall be accompanied by the fee prescribed by
Council.
7.20 Following such consultation, review and report (if any) as the council deems
necessary, the application shall be submitted to council, which shall decide
whether or not to start the procedures for enactment of an amendment.
Applications for Variances & Conditional Uses
7.21
An application for a variation or approval of a conditional use shall be made to the
development officer by the owner or owners of the site, or by a person authorized in
writing by them.
7.22 An application for a variation or approval of a conditional use shall be
accompanied by the fee prescribed by council.
7.23
Where an application for a variation or conditional use has been submitted, a public
hearing shall be held by the Council, to receive representations from any person
with respect to the proposal, and notice of the public hearing shall be given as
required by The Planning Act.
7.24
On receipt of an application for a variation or approval of a conditional use in proper
form, the municipality may, prior to the hearing date prescribed under The Planning
Act, refer the application to Manitoba Intergovernmental Affairs or any other
department or authority for its review and comment.
7.25
Council shall either approve or deny the variation or conditional use, and may
establish conditions of approval appropriate to the circumstances, in accordance
with the provisions of The Planning Act.
7.26
Council may subsequently revoke any approved conditional use as a consequence
of any violation of conditions specified at the time of approval.
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PART 8: ENFORCEMENT
Entry for Inspection and Other Purposes
8.1
The development officer may, after giving reasonable notice to the owner or
occupier of land or a building or other structure to be entered:
(a)
enter the land, building or structure at any reasonable time for the purpose of
inspection, enforcement and or action authorized by this by-law or The
Planning Act;
(b)
request that anything be produced to assist in inspection, remedy,
enforcement or authorized action; and
(c)
make copies of anything related to the inspection, remedy, enforcement or
authorized action.
8.2
The development officer must display or produce on request identification
showing his or her official capacity.
8.3
In an emergency or in extraordinary circumstances, the development officer need
not give reasonable notice or enter at a reasonable time and may do the things
referred to in 8.1(a) and (c) without the consent of the owner or occupant.
Order to Remedy Contravention
8.4
If the development officer finds that a person is contravening this by-law or The
Planning Act, the development officer may by written order require the person
responsible for the contravention to remedy it if, in the opinion of the development
officer, the circumstances so require.
8.5
The order may:
(a)
direct a person to stop doing something, or to change the way in which the
person is doing it;
(b)
direct a person to take any action necessary to remedy the contravention,
including the removal or demolition of a building or structure (or part of one)
that has been constructed, erected or placed in contravention and, if
necessary to prevent a reoccurrence of the contravention;
(c)
state a time within which the person must comply with the directions; and
(d)
state that if the person does not comply with the directions within the time
stated, the municipality will take the action or measure at the expense of the
person.
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Review by the Board
8.6
A person who receives an order under 8.4 or who is refused a permit under 7.9 may
request the Board of the South Central Planning District to review the matter, by
written notice given within 14 days after the date the order under 8.4 or decision
under 7.9 is made.
8.7
After giving the person a reasonable opportunity to be heard, the Board may
confirm, vary, substitute or cancel the order or decision.
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PART 9: INTERPRETATION
Permitted Uses
9.1
Where a use appears in the Use and Bulk Tables as a permitted use, it shall not
be construed to include any use, which appears as a conditional use for the same
zoning designation. Uses similar in nature to a listed permitted or a conditional
use may be deemed as like uses for the purposes of this by-law by variation
hearing undertaken by Council upon the review of a report by the Development
Officer requesting a determination for a use not listed in the bulk table of the
applicable District.
Definitions
9.2
Terms not defined in this by-law which are defined in The Planning Act, have the
meaning provided in that Act.
9.3
Where the following terms appear in bold in this By-law they have the meaning
provided as follows:
accessory - where used to describe a use, building or structure, means that the
use, building or structure is naturally and normally incidental, subordinate in
purpose or area, or both, and exclusively devoted to the use, building or structure
to which it is accessory, but a use shown as a conditional use in the Use and Bulk
Tables cannot be accessory to a use shown as a permitted use for the same zoning
designation. Where an accessory building or structure is attached to a principal
building or structure by means of a foundation, wall or roof, it shall be deemed to be
part of the principal building or structure.
advertising sign - means a sign directing attention to a business, commodity,
service, entertainment or other matter, not conducted, sold, offered or carried out on
the same site (or on an adjacent site under the same ownership) where the sign is
maintained.
aircraft landing area - includes all open spaces, buildings and structures used
in connection with the landing or take-off of aircraft.
building - has the meaning provided in The Planning Act, except that it does not
include a well, pipeline, excavation, cut, fill or transmission line.
building, height of - means the vertical distance measured from grade to the
highest point of the roof surface of a flat roof, to the deck of a mansard rood, and to
the average height level between eaves and ridge for a gable, hip or gambrel roof.
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bulk - means the size of buildings or structures (based on floor area and height),
the site area and site width upon which a use, building or structure is located, the
location of exterior walls of a building in relation to site lines, and all open spaces
required along site lines;
club - refers to a building owned or leased by a non-profit corporation or
association, the use of which is restricted to members and their guests.
communal farm dwelling - means a residence in connection with a farm
operation carried out on the same or an adjacent site by a religious colony or other
association by or on behalf of the occupants of the residence, and includes all
associated cooking, eating, living, sleeping and sanitary facilities.
Confined livestock production operation - means an agricultural operation
where animals are fed in buildings or pens, or in outdoor non-grazing areas
confined by fences, other structures or topography and manure storage is
continuously confined to a single location and or facility year round, but does not
include:
(a)
a livestock auction mart,
(b)
an agricultural fair, or
(c)
a livestock sales yard where livestock are kept no longer than 3 days.
drive-through facility - means a facility designed to provide goods or services to
the persons in standing (as opposed to parked) motor vehicles, including but not
limited to a drive-through restaurant or bank.
dwelling unit - means one or more rooms used or intended to be used as a single
housekeeping unit with cooking, sleeping and sanitary facilities.
dwelling, single-family - means a detached building designed for and used by
only one family.
dwelling, two-family - means a detached or semi-detached building designed for
and used by 2 families, with each family having exclusive occupancy of a dwelling
unit.
dwelling, multiple-family - means a building containing three or more dwelling
units, with each unit designed for and used by one family, with each family having
exclusive occupancy of a dwelling unit.
family - means one or more persons related by blood, adoption, marriage or
common-law marriage, or a group of no more than ( 7 ) persons which includes
unrelated persons, living together as a single housekeeping unit.
farm building - means any building or structure used primarily for agricultural
activities, but does not include a dwelling.
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general agricultural activities - means a use of land for agricultural purposes,
including farming, dairying, pasture, agriculture, apiculture, floriculture, horticulture
and animal and poultry husbandry and the necessary accessory uses for packing,
storing or treating the produce, but does not include the following:
(a)
livestock production operations,
(b)
storage, handling or processing of agricultural products for the general
public in return for remuneration, or
(c)
sales or servicing (in return for remuneration) of agricultural
equipment or agricultural buildings.
Hundred-year flood - means a flood that can be expected to occur, on average,
once in 100 years, or specifically a flood that has a one percent chance of being
equalled or exceeded in any year.
kennel - means premises upon which more than 5 dogs or 10 cats, not including
animals less than 4 months of age, are boarded, bred, trained or cared for in return
for remuneration or are kept for the purpose of sale.
mobile home - means a portable dwelling unit which is designed or used for
residential occupancy, built upon or having a frame or chassis to which wheels may
be attached by which it may be moved upon a highway, whether or not such
structure actually has at any time such wheels attached, or is jacked up or skirted
and which conforms to the Buildings and Mobile Homes Act.
planned unit development - means a land development project planned as an
entity in accordance with a unitary site plan which permits flexibility in siting of
building, mixture of housing types and land uses, usable open spaces, and the
preservation of significant natural features;
public utility - means a system furnishing water, sewage collection, electricity,
telecommunication services, gas or similar services to properties by means of pipes,
lines and other equipment located on or under public roads and other rights-of-way.
residential care facility - means a building in which residential accommodation,
plus supervision, care or treatment, is provided by a person or persons employed
for that purpose.
site - means an area of land which:
o is occupied or intended to be occupied by a principal use or by a use of a
building or group of buildings, together with accessory buildings and
structures as are provided for herein, along with required yards;
o has frontage on a street which has a minimum right-of-way width of 50
feet, or has any lawful means of access satisfactory to Council, or as
otherwise provided for herein; and
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o is of sufficient size to provide for the minimum requirements of this By-law
for a permitted or conditional use in a zone where the use is located.
site area - means the computed area contained within the site lines.
site, corner - means a site situated at the intersection of 2 streets.
site depth - means the horizontal distance between the centre points in the front
and rear site lines.
site, interior - means a site other than a corner site.
Site Lines:
front site line - means:
(a)
the boundary of a site along a street or highway;
(b)
for a corner site, the continuation of the front site line of the
abutting interior site.
rear site line - means:
(a)
that boundary of a site, which is most nearly parallel to the
front site line;
(b)
where the side site lines intersect, a line 10 feet in length
within the site, parallel to and at the maximum distance from
the front site line.
side site line - means any boundary of a site, which is not a front or rear site line.
Where it is not possible to determine site lines according to these definitions, the
development officer shall determine them.
site width - means the horizontal distance between the side site lines, measured
at right angles to the site depth at a point midway between the front and rear site
lines, or at 40 feet from the front site lines, whichever is less.
specialized agricultural activities - means agricultural activities such as
apiculture, floriculture, horticulture and activities of a like nature which do not require
large acreages of land, and which in the opinion of Council, provide a major
component of household income.
structure - means a thing constructed or erected with a fixed location on or below
the ground or attached to something with such a fixed location, and includes but is
not limited to buildings, walls, fences, signs, billboards, light standards and
antennas.
use - means any purpose for which a building, structure or site may be designed,
arranged, intended, maintained or occupied; or any activity, occupation, business,
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or operation carried on, or intended to be carried on, in a building, structure or on a
site.
yard - means an open area between the exterior wall of a building and the
boundaries of the site on which it is located.
yard, required - means the yard measured from a front, rear or side site line
towards the interior of the site within which no building or any part of a building
may be located, except as provided in this by-law.
Zoning Boundaries
9.4
The following rules of interpretation shall apply to the boundaries of the zoning
designations shown on the maps comprising Schedule A:
(a)
boundaries indicated as approximately following the centre-lines of streets,
lanes, highways, rivers, or railway or public utility lines or rights-of-way shall
be construed to follow such centre-lines;
(b)
boundaries indicated as approximately following site limits as shown on a
registered plan or by reference to the Dominion Government Survey shall be
construed to follow such site limits.
9.5
If a street, lane or government road allowance is lawfully closed, and then the land
formerly comprising the street, lane or government road allowance shall be included
within the zone of the land, which surrounds it. If the said street lane or government
road allowance was a zone boundary between two or more different zones, then the
new zone boundary shall be the former centreline of the closed street, lane or
government road allowance.
THIS BY-LAW is hereby adopted and shall come into force on, from, and after the
date on which it received third reading by the Council.
DONE AND PASSED in Council duly assembled at the Village of Notre Dame de
Lourdes, Manitoba this 7th day of_________June_____________2005, A.D.
___________________________
Mayor
___________________________
Chief Administrative Officer
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SCHEDULE A
ZONING MAPS
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