Cypress Planning District Fees By-Law No. 83-2026

Municipality of North Cypress – Langford, Manitoba · No. 83-2026 · adopted 2026-03-12 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 8d760240b92b · verified 2026-09-24 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CYPRESS PLANNING DISTRICT FEES BY-LAW NO. 83-2026 BEING a By-law of the Cypress Planning District Board to establish fees and charges for development applications, planning applications, building permits and related matters. WHEREAS Section 21(3),142(1) and 142(2) of The Planning Act, as amended, provides as follows: 21(3)-The board of a planning district may adopt: (a) a by-law establishing the fees and charges to be paid for services provided by the district, including licenses, permits, certificates and other approvals and documents issued by the district; and (b) other by-laws, not inconsistent with this Act, that may be necessary to carry out and exercise its duties and powers under this Act. 142(1)-A board or council may, by by-law, set the fees and charges to be paid by applicants. 142(2)-Fees and charges may relate to technical, administrative, professional, consultative, or other services required by the municipality or planning district to examine and approve a subdivision application. AND WHEREAS the Cypress Planning District Board deems it expedient, and in the public interest to pass a by-law to establish fees in respect of services rendered by any officer or employee of the Cypress Planning District Board; NOW THEREFORE, the Cypress Planning District Board in session duly assembled enacts as follows: APPLICATION: 1. All development undertaken within the limits of the Cypress Planning District shall be subject to the fees as set out in this by-law, and shall be used to determine and regulate fees and charges as administered by the Development Officer and payable to the Board. DEFINITIONS: "Accessory Building" means a subordinate building located on the same site as the principal building or use, the use of which is incidental and accessory to that of the principal building or use. "Addition" means an improvement that increases or alters the square footage of a structure. These include but not limited to, lateral additions added to the side or rear of structure, vertical additions added on top of a structure and encloses added underneath structure. "Alteration" means a change or modification to an existing building, structure or use which does not increase the exterior dimensions with respect to height and area. "Animal Housing Facility" means an outdoor non-grazing area where livestock are confined by fences or other structures, and includes feedlot, paddock, corral, exercise yard, and holding area. "Authority Having Jurisdiction" means the governmental body responsible for the enforcement of any part of the Code or the official, or agency, designated by that body to exercise a function. "Basement Development" means the framing or re-framing of rooms in a residential basement, including any structural work being conducted in connection with the basement development, excluding underpinning. "Board "means the Cypress Planning District Board. "Building" means any structure used or intended for supporting or sheltering any use or occupancy and, without restricting the generality of the foregoing, includes agricultural, residential, commercial and industrial structures and also may include a well, pipe line, conduit, cut, excavation, fill, transmission line and any structure or erection, and any part of any of those things, and also includes an addition to or extension of any building or any of those things and a chattel that is attached to, or installed in or on, any building or any of those things. "Building Permit" means a permit issued by the designated officer and employee of the Cypress Planning District (namely, the Development Officer or Building Official) authorizing the construction or alteration of all or part of any building or structure, in accordance with the applicable Codes and Standards. THE CYPRESS PLANNING DISTRICT FEES BY-LAW NO. 83-2026 "Code" means the building/plumbing construction code or standard adopted under the Buildings Act, as amended. (All buildings requiring "Building Permits" fall under the classification of either Part 2, Part 3 or Part 9 of the Manitoba Building Code. (Typically, buildings and structures classed as Farm Buildings that are less than 600sq meters in area are not regulated by the Manitoba Building Code.) "Conditional Use" means the conditional use of a building or land as defined by The Planning Act "Construction" Includes 1. Excavation, removing, filling, and backfilling for the purpose of preparing or maintaining a site in respect of a building or proposed building. 2. Erecting, extending, enlarging, placing, removing, locating and demolishing a building. 3. Altering, renovating, and reconstructing a building 4. Moving a building from one site to another; and 5. Underpinning the foundation of a building. "Deck" means the flat surface capable of supporting weight, like a floor, but typically constructed outdoors at least 8" from grade(ground) and with a dimension greater than five (5) feet if attached to the building in front of a door/exit. Otherwise, any sized flat surface that is over 8" from grade (ground) is considered a deck, whether attached to a building or not. "Demolition Permit" Means a permit authorizing the demolition or removal of a building(s) and/or structure(s), including accessory buildings issued by the Cypress Planning District pursuant to the Manitoba Building Code and the building by-laws of the partners of the Planning District within that jurisdiction. "Designated Officer" means an officer of a planning district who is designated to carry out a power or responsibility in accordance with the Planning Act or any other Act where designated and is hereby named as the Development Officer of the Cypress Planning District. "Development Officer "means an employee of the Board, who may also serve as the Chief Building Official for the Cypress Planning District, responsible for issuing permits, administering and enforcing the Building Code and applicable District and member municipal by-laws under authority of The Planning Act. "Development Permit "means a permit issued under the authority of a member jurisdiction's zoning by-law, authorizing development, and may include a building permit. "Development Plan" means the Planning District's Development Plan adopted by the Cypress Planning District and amendments hereto "Farm Building/Structure "means a building or structure which does not contain a residential occupancy, and which is: (a) Associated with and located on land devoted to the practice of farming and (b) Used essentially for the housing of equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or feeds, such as barns, produce storage buildings, milking centers, piggeries, poultry houses, grain bins, silos, machinery sheds, farm workshops, feed preparation centers, manure storages, greenhouses and garages not attached to a farm residence and (c) Has a Low Human Occupancy (as applying to farm buildings) means an occupancy having an occupant load of not more than 1 person per 40 square meters during normal use) "Home Based Business"- means an accessory use which is carried on for gain by an occupant of the dwelling unit, within the dwelling unit or any permitted accessory building or structure and is incidental to or secondary to the use to a residential dwelling unit or an Agricultural Operation. "Home Industry" means a small-scale manufacturing, repair, or trade activity such as but not limited to a welding shop, plumber, electrician, carpentry or cabinet maker. Shall be operated out of a building that is accessory to a dwelling unit located on the same site, and which is clearly secondary and incidental to the principal use of the property. "Home Occupation" means an occupation, trade, profession or craft such as but not limited to hair salon, bed and breakfast operation, tea room, home day care operator, lawyer or accountant and THE CYPRESS PLANNING DISTRICT FEES BY-LAW NO. 83-2026 similar uses which are carried on in or from a dwelling unit or its accessory building for consideration and which is clearing incidental or accessory to the principal use of the property. "Interim Occupancy Permit" means authorization in writing to occupy any building or part thereof prior to full completion. "Occupancy Permit" means authorization issued in writing pursuant to the applicable zoning regulations, to occupy or part thereof, in the district. "Plumbing Permit" means a permit authorizing plumbing installations and repairs, including all rough- ins and hook-ups, issued by the Cypress Planning District pursuant to the Manitoba Plumbing Code and Manitoba Building Code and the building bylaws of the partners of the Planning District within that jurisdiction. "Private Pool" means an artificially constructed basin, lined with concrete, fiberglass, vinyl or like material that is capable of containing a water depth greater than 60 cm (24 inches). "Project Value" means the total monetary worth of the final project costs, including all construction cost, material costs, and labor costs associated with the project. This will include such things as site preparation, foundation, construction, all painting, papering, interior finishes, exterior finishes, roofing, electrical work, plumbing, permanent or fixed equipment, and all labor, materials, and other devises entering and necessary to prosecution of the work in its completed form. "Renovation" means an update to an existing building or a return to a new condition. "Storage Container" means a prefabricated structure which is designed for shipping of goods via land, sea, rail or road and may include trailer bodies or other similar structures (including motor vehicle bodies) which have the wheels removed. An accessory storage container shall naturally and normally be incidental, subordinate in purposed or area, or both, and shall be located on the same site as the principal use to which it is accessory. "Temporary Building" means a building placed at a particular location for a period authorized by the authority having jurisdiction. If the building is not removed on or before the end of the approved date, it is a new building for the purpose of the code. "Zoning By-law" means a by-law adopted by the member Municipalities & the Town of Carberry within the planning district "Zoning Confirmation" means to verify, in writing, the land use designation as per the Development Plan, Zoning as per the applicable Zoning By-law, on a specific Site. (Zoning Confirmations are typically used by financial institutions during due diligence processes but can be requested by anyone at any time.) "Zoning Memorandum" means a written letter that identifies whether all buildings and structures identified on a site and typically by a legal survey on the property in question, conforms to the siting requirements in the applicable Zoning By-Law, and if applicable, reasons for non-conformance SECTION l: DEVELOPMENT APPLICATIONS (1) Calculation of Fees a. Development applications and permits payable for the construction, erection, placement, alteration, reconstruction, demolition, removal, relocation, repair, or renovation of a building, structure or sign, occupancy of new buildings, occupancy and change of occupancy of existing buildings, shall be based on the following tables. b. Where applicable, value is determined by including costs of all materials, equipment, devices, fees and labor to do the work to the completion of the project less the cost of land, and the Development Officer may require that stated values be verified or may impose a value on the project based on industry standards if, in their opinion, the stated value appears unrealistic: c. Base Fees: Where listed in the sections below, the permit fee shall be the flat rate specified. THE CYPRESS PLANNING DISTRICT FEES BY-LAW NO. 83-2026 Note: The minimum permit fee specified in this by-law shall be applied where flat rates are not specified. d. Minimum permit fee: unless specifically listed as a flat rate herein, or as another listed minimum fee, a permit fee shall be no less than a minimum of $100.00 e. When applications for development are made which fall under multiple relevant sections of this by-law and can be administered under one permit application, only one base fee may be applied. f. Unless otherwise indicated, Development Permit Fees are included in the Building Permit Fees. SECTION 2: BUILDING PERMIT APPLICATIONS (1) Application of Part 2 - Agricultural Occupancies a. Part 2 of Division B of the National Building Code applies to alterations, new construction of all or any part of a building or structure in accordance with the National Codes and Standards. b. Part 2 applies to the following buildings and structures: A building having an area exceeding 600m2 , or more than 3 stories in building height used for major occupancies classified as: i. Group G--Division 1 - High-Hazard Agricultural Occupancies ii. Group G--Division 2 - Agricultural Occupancies not Elsewhere Classified in Group G iii. Group G--Division 3 - Greenhouse Agricultural Occupancies iv. Group G--Division 4 - Agricultural Occupancies with no human Occupants. (2) Permit Fees for Agricultural Occupancies: a. All Buildings and structures, unless indicated separately in this section, will be charged a Building Permit Fee based on Table 2.2 Table 2.2 Application / Permit Type Fee / % of project value 2.2.1 Flat Rate - Minimum Charge $250.00 2.2.2 Group G--Division 1 a) first $1,000,000.00 of project value 1.0% b) remainder of project value 0.6% 2.2.3 Group G--Division 2 a) first $1,000,000.00 of project value 1.0% b) remainder of project value 0.6% 2.2.4 Group G--Division 3 a) first $1,000,000.00 of project value 1.0% b) remainder of project value 0.6% 2.2.5 Group G--Division 4 a) project value 0.5% 2.2.6 Grain Storage Bins $100.00 2.2.7 Demolition of Agricultural Buildings $100.00 2.2.8 Relocation of Agricultural Buildings $100.00 2.2.9 Installation of irrigation equipment $100.00 THE CYPRESS PLANNING DISTRICT FEES BY-LAW NO. 83-2026 (3) Application of Part 3 a. Part 3 of Division B of the National Building Code applies to alterations, new construction of all or any part of a building or structure in accordance with the National Codes and Standards. b. Part 3 applies to the following buildings and structures: (i) Post-Disaster Buildings Major Occupancies Classified as: (ii) Group A-Assembly Occupancies (iii) Group B-Care, Treatment, or Detention Occupancies (iv) Group F- Division 1- High Hazard Industrial Occupancies c. Exceeding 3 Storeys in building height, or having a building area exceeding 600m2 , Used for major occupancies classified as: (i) Group C-Residential Occupancies, (ii) Group D-Business and Personal Services Occupancies, (iii) Group E-Mercantile Occupancies, and (iv) Group F-Division 2 & 3- Medium and Low Hazard Industrial Occupancies (4) Permit Fees for Part 3 Applications: a. All buildings and structures, unless indicated separately in this section, will be charged a Building Permit Fee based on Table 2.4: Table 2.4 Application / Permit Type Fee / % of project value 2.4.1 Flat Rate - Minimum Charge $250.00 2.4.2 All Occupancies: a) first $1,000,000.00 of project value) 1.0% b) remainder of project value 0.6% 2.4.3 Demolition of Part 3 Buildings $100.00 (5) Application of Part 9 a. Part 9 of Division B of the National Building Code applies to alterations, new construction of all or any part of a building or structure in accordance with the National Codes and Standards. b. Part 9 is defined as a structure that applies to buildings and structures that have: 3 Stories or less in building height, a building area not exceeding 600m2, and use for major occupancies classified as: (i) Group B, Division 4 Home-Type Care Occupancies, (ii) Group C, -Residential Occupancies, (iii) Group D, -Business and Personal Services Occupancies, (iv) Group E, -Mercantile Occupancies, and (v) Group F, Division 2 & 3- Medium and Low Hazard Industrial Occupancies (6) Permit Fees for Part 9 Applications a. All Buildings and structures, unless indicated separately in this section, will be charged a Building Permit Fee based on Table 2.6: THE CYPRESS PLANNING DISTRICT FEES BY-LAW NO. 83-2026 Table 2.6 Application / Permit Type Fee 2.6.1 Flat Rate - Minimum Charge (first $5,000.00 of construction value) $100.00 2.6.2 All Occupancies (per additional $1,000.00 of construction value) $8.00 2.6.3 Outside Private Pools (Above Ground) $100.00 2.6.4 Outside Private Pools (Below Ground) $200.00 2.6.5 Decks (Attached or Free-Standing) $100.00 2.6.6 Storage Container (Sea Cans) $100.00 2.6.7 Demolition of Part 9 Buildings $100.00 2.6.8 Mobile / Modular Home Installation $250.00 2.6.9 Ready-to-Move Dwellings (Will be added to RTM Building Permit) $250.00 2) Unless inspected by an Authority Having Jurisdiction, Building Inspector, to inspect prior to relocation into the Cypress Planning District, mileage charges will apply. (7) Temporary Building & Structure Placement/Construction: (8) Plumbing Permit Fees (9) Sign Permits: SECTION 3: DEVELOPMENT PERMITS: Unless otherwise indicated, Development Permit Fees are included in the Building Permit Fees. 1. Buildings classed as Farm Buildings, structures and animal housing facilities, Excluding Part 3 buildings such as buildings and structures classified as Group G Division 1, 2,3,4 & Part 9 buildings such as residences and garages serving the dwelling). a. All Buildings and structures, unless indicated separately in this section will be charged a Development Permit Fee based on Table 3.1: Table 2.7 Time Period Fee 2.7.1 Temporary placement of a building or structure on a site for a period not exceeding 3 months $60.00 2.7.2 Temporary placement of a building or structure on a site for a period not exceeding 12 months $100.00 Table 2.8 Plumbing permit item: Fee 2.8.1 Plumbing system as part of a part 2, 3, or 9 building permits $80.00 2.8.2 Connection to sewer or main building drain $80.00 2.8.3 Rough-in of each fixture outlet (per fixture outlet) $20.00 2.8.4 Rough-in of floor drain (per drain) $20.00 2.8.5 Installation of potable water system $20.00 2.8.6 Installation of demand or metered-type water softeners or iron filters $20.00 Table 2.9 Application type Fee 2.9.1 Fixed sign permit $100.00 2.9.2 Mobile sign permit $80.00 THE CYPRESS PLANNING DISTRICT FEES BY-LAW NO. 83-2026 Table 3.1 Construction Value Fee 3.1.1 a) up to $25,000.00 $100.00 3.1.2 b) between $25,001.00 and $100,000.00 $150.00 3.1.3 c) between $100,001.00 and $250,000.00 $250.00 3.1.4 d) between $250,001.00 and $750,000.00 $400.00 3.1.5 e) over $750,001.00 $600.00 b. New business or change of use of existing business/structure:.........$150.00 (plus any required Zoning Fees) c. Establishment of a Home Based Business:................................$150.00 (plus any required Zoning Fees) SECTION 4: INSPECTIONS: 1. Inspections related to a Permit and conducted during regular hours.............$ 0.00 (fee included in permit fee) 2. Inspection requested of a building, RTM, mobile or modular home, building to be moved into the district, structure, plumbing system, along with the writing of a report or Order, other than an inspection following the issuance of a permit, and conducted within business hours within the Planning District, the fee shall be:................$75.00 per hour + $25.00 meal allowance (Additional costs will incur for: travel expenses for the inspection, writing of the report, and any subsequent time spent on the administration of the file until completion or closing of the file.) 3. Inspections outside of regular business hours, including requested inspections, which are not restricted to a Development Permit:...............................................$100.00/per hour (Additional costs will incur for: travel expenses for the inspection, writing of the report, and any subsequent time spent on the administration of the file until completion or closing of the file.) 4. Travel expenses for items listed above: mileage set by Board Current CRA Rate SECTION 5: DEVELOPMENT& BUILDING PERMIT REFUNDS: 1. Whenever a permit is voluntarily surrendered, the permit fee can be refunded; however a charge will be withheld equal to 10% of the permit fee or $200.00 whichever is greater to cover administration costs. No refund will occur if more than a 12-month period has passed from the date the permit was issued. 2. Whenever a permit is revoked under a provision of the Building By-law, no portion of the permit fee shall be refunded. THE CYPRESS PLANNING DISTRICT FEES BY-LAW NO. 83-2026 SECTION 6: SURCHARGES FOR LATE PERMIT APPLICATIONS: Table 6.0 Violation Penalty 6.0.1 Where a development permit has not been obtained, for whatever reason, before the activity requiring it has started, and the Development Officer has not given permission for the development to proceed, a surcharge shall be added. $500.00 6.0.2 Where a building permit has not been obtained, for whatever reason, before the activity requiring it has started, and the Development Officer has not given permission for the construction to proceed, then a surcharge shall be added Double Total Permit Fee plus $200.00 to cover administrative costs. 6.0.3 Where there is no compliance with the notice given under Section 6.2 and where Failure to obtain a permit will result in prosecution, a Stop Work Order will be issued with a fee of $250 as well as the collection of a restitution fee. $1000.00 6.0.4 Where a building or development permit has not been paid for, and the Development Officer has given reasonable notice to have the outstanding balance paid, the Development Officer shall proceed with requesting the governing Municipal Council apply the outstanding balance towards the property taxes of the affected parcel. SECTION 7: ZONING and DEVELOPMENT PLAN BY-LAW RELATED FEES: Table 7.0 Application Type Base Fee Additional Fees 7.0.1 Zoning by-law amendments $1,500.00 7.0.2 Development Plan amendments $2,000.00 7.0.3 Conditional Use (CU) Order $400.00 7.0.4 Variation Orders (VO) $400.00 + $25.00 for each additional variation on the application 7.0.5 Minor Variation (MVO) $200.00 7.0.6 Conditional Use & Variation Order $600.00 + $25.00 for each additional variation on the application 7.0.7 Applications for Extensions for CU, VO, and MVO $100.00 7.0.8 Conditional Use Order (Large Livestock Operations) $2,000.00 7.0.9 Cancellations N/A No refund 7.0.10 Refunds for zoning changes N/A Non-incurred costs only THE CYPRESS PLANNING DISTRICT FEES BY-LAW NO. 83-2026 SECTION 8: SURCHARGES FOR LATE VARIATION ORDER OR CONDITIONAL USE ORDER APPLICATIONS: Where a Variation Order or a Conditional Use has not been obtained, for whatever reason, before the activity requiring it has started, the fees provided in Table 8.0 are applicable: Table 8.0 Application Type Fee 8.0.1 Minor Variation following commencement $300.00 8.0.2 Variation Order following commencement $600.00 8.0.3 Conditional Use Order following commencement $600.00 8.0.4 Conditional Use & Variation Order $800.00 SECTION 9: CERTIFICATION: 1. Zoning Memorandum (confirms extent to which a new or existing building on a site conforms to current zoning regulations) (1) All buildings:.................................................................$100.00 2. Zoning Conformation Letter (confirms that a use, or a building placement on a site, conforms to previous zoning regulations and are therefore legal non-conforming) (1) All buildings: ................................................................$100.00 3. Work Order Letter (confirms whether any violations cited by the Board are unresolved on a property) (1) All buildings: .................................................................$250.00 4. MPI Authorization Letter.......................................................... $100.00 5. A surcharge may be added to the fee for any of the above certifications, equal to double the fee where a development permit should have first been obtained. SECTION 10: DOCUMENT COPIES and PHOTOCOPIES: Table 10.0 Service Fee 10.0.1 Miscellaneous photocopies - black and white $0.50 per page 10.0.2 Building permit reports $25.00 10.0.3 Maps $0.50 per page 10.0.4 User-Defined reports $50.00 per hour SECTION 11: SERVICE CHARGES: Table 11.0 Service Charge Fee 11.0.1 N.S.F. Cheque $40.00 11.0.2 All Accounts Passed 30 Days 3% charge THE CYPRESS PLANNING DISTRICT FEES BY-LAW NO. 83-2026 SECTION 12: APPEALS AND SPECIAL MEETINGS REQUESTS Table 12.0 Service Fee 12.0.1 Fee for any permit appeal $100.00 12.0.2 Special meeting request fee $600.00 SECTION 14: REPEAL and EFFECTIVE DATE Repeal: By-Law No 80, being a by-law of the Cypress Planning District Board to establish development fees for development applications, permits and related matters, and all amendments thereto, is hereby repealed. Effective Date: This By-Law is hereby adopted and shall come into full force on March 12th, 2026. DONE AND PASSED by the Cypress Planning District Board, in open session duly assembled at Carberry, in the Province of Manitoba this 12th day of March A.D. 2026 ________________________________ CHAIRPERSON DEVELOPMENT OFFICER Received first reading this 17th day of February, A.D.2026 Received second reading this 12th day of March, A.D.2026 Received third reading this 12th day of March, A.D.2026