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Tri-Roads Planning District
Zoning By-Law
Prepared for: The Tri-Roads Planning District | Prepared by: Richard + Wintrup
February 2019
By-Law No. 18/02/2018
Tri-Roads Planning District Zoning By-law No. 18/02/2018
A by-law of the Tri-Roads Planning District to regulate the use and development of land within the Planning
Area of the Tri-Roads Planning District.
WHEREAS, Section 69 of The Planning Act allows a planning district to adopt a zoning by-law that applies to
the entire district if the council of every municipality in the district passes a resolution in favour of a district-wide
zoning bylaw.
AND WHEREAS, under Part 5 of The Planning Act, the Rural Municipality of Riding Mountain West and the
Municipality of Russell-Binscarth have, by resolution, confirmed their support for a district-wide zoning
bylaw;
NOW THEREFORE BE IT RESOLVED THAT the Tri Roads Planning District Board in meeting duly assembled,
enacts a follows:
1. The Zoning By-law No. 18/02/2018 attached in Schedules A, and B is hereby adopted.
2. The By-law shall be known as the TRI-ROADS PLANNING DISTRICT ZONING BY-LAW.
3. By-laws 1443 Town of Russell, By-law No. 1224 RM of Russell, By-law No. 551-03 Village of Binscarth, No.
0307 RM of Shellmouth-Boulton and No. 2004-07 RM of Silver Creek: as amended, are repealed.
4. This By-law shall come into force on [this date].
DONE AND PASSED by the Tri Roads Planning District Board duly assembled at the [Name of Location] in the
Province of Manitoba, this [Date] of [Month], [Year].
Signature(s)
READ A FIRST TIME this [Date] day of [Month], [Year]. READ A
SECOND TIME this [Date] day of [Month], [Year]. READ A THIRD
TIME this [Date] day of [Month], [Year].
Table of Content
1.0
Scope and Applicability
11
1.1
Title
11
1.2
Scope
11
1.3
Application
11
1.4
Compliance
11
1.5
Transition From Previous By-law
12
2.0
Zoning Regulations:
14
2.1
Access and Frontage
14
2.2
Water and Wastewater Infrastructure Connections
15
2.3
Moving and Demolition Structures
15
2.4
Excavation, Stripping, and Grading
15
2.5
Lands Subject to Flooding
16
2.6
Lands Subject to Erosion or Bank Instability
16
2.7
Setbacks Along Water Bodies
16
2.8
Standards for Cottages
18
2.9
Standards for Campgrounds or RV Parks
18
2.10
Setbacks from Provincial Trunk Highways and Roads
18
2.11
Setbacks from Public Services
18
2.12
Setbacks from Airports
19
2.13
Setbacks from Railways
19
2.14
Setbacks from Pipelines, Transportation, and
Transmission Lines
19
2.15
Setbacks Reduced by Subdivision
20
2.16
Setbacks for Condominium and Consolidated
Lot Developments
20
2.17
Setbacks for Infill Dwellings
20
2.18
Setbacks for Corner Lots
21
2.19
Setbacks for Through Lots
23
2.20
Setbacks for Flag Lots
23
2.21
Setbacks for Commercial or Industrial near
Residential Land-Uses
24
2.22
Permitted Projections into Setbacks
25
2.23
Permitted in Front and Rear but Not Side Yards
28
2.24
Permitted Projections Above the Height Limit
29
2.25
Temporary Buildings, Structures, and Uses
29
2.26
Cover-All Buildings and Fabric Buildings
31
2.27
Shipping Containers
31
2.28
Accessory Buildings, Structures and Uses
32
2.29
Garages and Carports
34
2.30
Home Enterprises
35
2.31
Fences And Hedges
38
2.32
Decks, Patios, Balconies, Patio Covers, Sunrooms,
Screen Enclosures
39
2.33
Pools And Hot Tubs
40
2.34
Outdoor Fire Pit, Wood Burning Stove, or Barbecue
41
2.35
Garbage And Recycling Storage Areas
41
2.36
Lighting
42
2.37
Prohibited Lighting
42
2.38
Apiculture (Beekeeping)
42
2.39
Livestock
43
3.0
Parking, Loading, and Signage
49
3.1
Minimum Parking Requirements
49
3.2
Parking Reductions
50
3.3
Parking Stall Widths and Lengths; and Aisle Specifications
51
3.4
Parking and Storage of Boats, Recreational Vehicles and Trailers
55
3.5
Parking and Storage of Large Vehicles in Residential Zones
56
3.6
Parking and Storage of Unlicensed Motor Vehicles
56
3.7
Parking Standards for Residential Zones
57
3.8
Parking Standards for Single and Semi-detached, Duplex,
Triplex and Quadplex Dwellings
58
3.9
Parking Standards for Non-Residential Zones
58
3.10
Outside Vehicle Display Areas
58
3.11
Outside Storage
59
3.12
Outside Storage of Hazardous Uses [Dangerous Goods]
59
3.13
Loading Space Requirements
60
3.14
Surfacing of Parking and Loading Areas
61
3.15
Drive-Through Facility
61
3.16
Signage Regulations
62
4.0
Provisions for Infill Residential Housing
69
4.1
Accessory Dwelling Units
69
4.2
Conversion of Residential Buildings
71
4.3
Dwellings on Corner Lots
71
4.4
Rooming and Boarding Houses
72
4.5
Community Care Facilities
73
4.6
Flag Lots
73
4.7
Splitting Attached Dwellings on to Separate Lots
74
4.8
Bungalow Clusters
76
4.9
Bungalow Courts
76
4.10
Dwelling Unit, Live Work
77
4.11
Dwelling Units, Commercial Zones
78
4.12
Dwelling Units, Industrial and Institutional Zones
78
4.13
Dwelling Units, Agriculture Enterprise Zones
79
4.14
Mobile Homes and Mobile Units
79
4.15
Not Considered Dwelling Unit
79
5.0
Zoning Lands and Land-Uses
80
5.1
Classification of Uses
80
5.2
Land-Use Lexicon: Uses of Land Defined
80
6.0
Zoning Districts
96
6.1
Establishing Zones for Land-Uses
96
6.2
Allowable Uses: Permitted and Conditional
96
6.3
Bulk Regulations
97
6.4
Planned Development Overlay Districts
97
6.5
Agriculture Operations - AO
99
6.6
Agriculture Enterprises - AE
102
6.7
Open Space Zone - OS
104
6.9
Institutional Zone - IN
106
6.10
Tourist Recreation Cottage Zone - TRC
109
6.11
Tourist Recreation Accommodations Zone - TRA
110
6.12
Tourist Recreation Mixed Use Zone - TRM
113
6.13
Rural Residential Zone - RR
117
6.14
Residential - First Density Zone - R1
119
6.15
Residential - Second Density Zone - R2
122
6.16
Residential - Third Density Zone - R3
126
6.17
Commercial Main Street Zone - CM
129
6.18
Commercial Highway Zone - CH
134
6.19
Light Industrial Zone - EL
138
6.20
Airport Industrial Zone - EA
140
6.21
Heavy Industrial Zone - EH
142
Schedule B Tri-Roads Planning District Zoning By-law No. 18/02/2018
Zoning Maps
146
List of Figures
Figure 1: Determined Front Yard Setbacks for Infill Dwellings
21
Figure 2: Determined Front Yard Setbacks for Infill Dwellings
22
Figure 3: Corner Lot Sight Triangles
23
Figure 4: Flag Lot Setbacks
24
Figure 5: Example Projections into Required Yards (Permitted and Not Permitted)
28
Figure 6: Typical Deck Elevation Plan
40
Figure 7: Parking Stall and Aisle Way Dimensions, Angled
53
Figure 8: Parking Stall and Aisle Way Dimensions, Parallel
53
Figure 9: Parking Stall and Aisle Way Dimensions, 90
0
54
Figure 10: Accessible Parking Stall and Walk Aisleway Dimensions
55
Figure 11: Splitting Semi-detached Dwellings On To Separate Lots
75
Figure 12: Splitting Multiple Attached Dwellings On To Separate Lots
75
Figure 13: Bungalow Cluster
76
Figure 14: Bungalow Court
77
List of Tables
Table 1: Permitted Projections into Required Setbacks
26
Table 2: Recommended Maximum Density Of Bee Colonies
43
Table 3: Animal Units by Category of Livestock
47
Table 4: Minimum Separation Distances for Siting Livestock Operations
48
Table 5: Required Parking Stalls
49
Table 6: Parking Stall Widths and Lengths; and Aisle Specifications
52
Table 7: Parking Stall Widths and Lengths; and Aisle Specifications
54
Table 8: Required Loading Spaces
60
Table 9: Required Loading Spaces
62
Table 10: District Specific Sign Regulations
66
Table 11: Zoning Districts
96
Table 12: AO Land Use
99
Table 13: AE Land Use
102
Table 14: OS Land Use
104
Table 15: IN Land Use
106
Table 16: TRC Land Use
109
Table 17: TRA Land Use
110
Table 18: TRM Land Use
113
Table 19: RR Land Use
117
Table 20: R1 Land Use
119
Table 21: R2 Land Use
122
Table 22: R3 Land Use
126
Table 23: CM Land Use
129
Table 24: CH Land Use
134
Table 25: EL Land Use
138
Table 26: EA Land Use
140
Table 27: EH Land Use
143
List of Amendments
This is the Tri-Roads Planning District Zoning By-law No. 18/02/2018 as amended, and prepared for the
purpose of convenience only. For accurate reference, the original of this by-law and any other
Tri-Roads Planning District by-law should be consulted. Copies of original Tri-Roads Planning District by-laws are
available at offices of the Tri-Roads Planning District.
The following table lists all of the amending by-laws to the Tri-Roads Planning District Zoning By-law, by by-law
number, in ascending numerical order, beginning with the adoption of this By-law. This list is updated on a regular
basis.
By-Law No.
File No.
Affected Site/Provisions
Adoption Date
18/02/2018
Tri Roads Planning District
Zoning By-law
Tri-Roads Planning District Zoning By-law amended by:
1.0 Scope and Applicability
Tri-Roads Planning District Zoning By-law 18/02/2018
11
1.0 Scope and Applicability
1.1
Title
This by-law shall be known as the Tri-Roads Planning District Zoning By-law and may be cited
by its long title (Tri-Roads Planning District Zoning By-law), its short title ("Zoning By-law" or
"ZBL", or its by-law number ("By-law No. 18/02/2018"), and any such citation is to be taken
as meaning this by-law as amended.
1.2
Scope
1.2.1
This By-law shall apply to all the lands in the Tri-Roads Planning District as
indicated on Map 1 of Schedule B of this By-law.
1.2.2
This By-law does not apply within public roads, public lanes, public paths or
pathways, or public walks opened as legal rights-of-ways within a zoning district.
1.2.3
This By-law does not apply to the construction, maintenance, or operation of public
service works within a public utility right-of-way.
1.2.4
This By-law does not apply to lands and resources that fall under the purview of the
Crown; Provincial Parks designated by the Legislative Assembly of Manitoba;
Manitoba Hydro works as defined under The Manitoba Hydro Act; National Parks
designated by Parliament; Railway activities and railway lands operated by a
railway company under the legislative authority of Parliament; Pipelines as defined
in The National Energy Board Act R.S.C.,1985, c. N-7; First Nations' reserve lands as
designated by Parliament; Radiocommunication and Broadcasting Antenna Systems
regulated under The Radiocommunication Act (R.S.C.,1985, c.R-2).
1.3
Application
1.3.1
This by-law implements the planning policies of the Tri-Roads Forward Development
Plan By-law No. 18/01/2018 (Development Plan).
1.3.2
This by-law regulates:
a.
The construction, erection, or placement of buildings, structures, and mobile
or modular homes.
b.
The enlargement, alteration, or conversion of buildings and structures.
c.
The establishment, change, extension, and enlargement of uses of
sites, buildings, and structures.
d.
The procedures for Development Applications including Development
Permits: the system for reviewing and issuing local development approvals
that give landowners permission to undertake a specific development or to
use a specific parcel of land.
1.4
Compliance
USE AND DEVELOPMENT OF LAND AND BUILDINGS MUST COMPLY
1.4.1
No land, building, or structure shall be used or occupied, and no building or structure
shall be used, occupied, constructed, erected, altered, enlarged, relocated, removed,
demolished, or placed except in accordance with this Zoning By-law.
1.4.2
No development or use of land or a building may take place or be maintained
except in conformity with this By-law and with any development agreement,
variance, conditional use approval, condition or permit issued under this By-law.
1.4.3
The duty to comply with this By-law is imposed on the owner of a parcel or a
1.0 Scope and Applicability
12
Tri-Roads Planning District Zoning By-law 18/02/2018
building and on any person who has charge or control of the parcel or building,
whether as lessee, tenant, occupier, agent or otherwise.
1.4.4
The approval of a development application, the issuance of a development permit,
the approval of drawings and specifications, or completion of inspections does not
relieve a person from the responsibility to comply with this By-law or any other by-
law.
1.4.5
Buildings, structures, and uses which were lawfully in existence before this By-law, or
before an amendment to it came into effect, may continue to exist in accordance
with the provisions of The Planning Act.
RESTRICTIONS IN OTHER BY-LAWS OR FEDERAL AND PROVINCIAL LAWS
1.4.6
Whenever a provision of another by-law, or an agreement with the Municipality or
the District, or a law or regulation of the Provincial or Federal Governments, 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.
1.4.7
Nothing in this By-law shall exempt any person from complying with the
requirements or from obtaining any license, permission, permit, authority, or
approval required by this By-law or any other by-law of the municipality or any law
of Canada or the Province of Manitoba. Where requirements in this By-law are in
conflict with those of other municipal, provincial, or federal requirements, the more
stringent regulations shall prevail.
1.4.8
A declaration by a court of competent jurisdiction that a section, clause or provision
of this Zoning By-law, including anything shown on the Zoning Map is invalid, shall
not affect the validity of the By-law or any part of the By-law other than the section,
clause, or provision, or part of the Zoning Map declared to be invalid.
1.5
Transition From Previous By-law
1.5.1
Zoning By-Law Transitions
(1)
Development permits for buildings or structures that were in compliance with the
previous zoning by-law prior to the effective date of this Zoning By-law shall be
permitted if acted upon within 12 months of issuance.
(2)
The adoption of this By-law shall not prevent any actions to abate, nor pending
or future prosecution of, violations under the former zoning by-law, provided said
violations are also violations of this By-law.
(3)
A Variance Order or Conditional Use Order issued more than two years and one
day prior to the effective date of this By-law is hereby repealed unless the order
contains one or more conditions that remain in effect.
(4)
Any use of land or a building lawfully in existence under applicable laws, plus a
Variance or Conditional Use Order or both, upon enactment of this By-law and
repeal of that order or orders shall be deemed to comply with this By-law to the
extent and for the period of time authorized by such order(s).
(5)
Any use lawfully in existence prior to this By-law, which did not require a
Conditional Use Order prior to this By-law, but that would require a Conditional
Use Order to comply with this By-law, shall be deemed to have a Conditional
Use Order sufficient to create compliance with this By-law provided that no
addition, enlargement or expansion is approved as a Conditional Use under this
By-law.
1.0 Scope and Applicability
Tri-Roads Planning District Zoning By-law 18/02/2018
13
(6)
A development for which final approval was granted prior to the effective date
of this Zoning By-law may be completed in accordance with the provisions of the
Zoning By-law under which it was approved, or the approved plan, subdivision
documents, and any other approved order, permits and conditions.
14
Tri-Roads Planning District Zoning By-law 18/02/2018
2.0 Zoning Regulations
2.0 Zoning Regulations:
Effecting Site Areas and Governing Land Uses
2.1
Access and Frontage
2.1.1
Public Right-Of-Way
(1)
Uses allowed under this By-Law shall only be established, erected, or constructed
on lands that have frontage on, and unobstructed, safe and convenient access to:
a.
Registered Road - a registered road allowance is a public road that is
developed as an all-weather road and is maintained year round.
b.
Proposed Road - a proposed road allowance is an unimproved public
road that is to be registered or is already registered, which will be
developed as an all-weather road and maintained year round, for which
a road development agreement has been entered into with the
Municipality for the construction of the proposed road.
c.
Condominium Plan - where the units created through a bare land
condominium plan have a common element, as defined in The
Condominium Act (Manitoba), as the private access route connected to
either (a) or (b) above.
2.1.2
Land Locked Parcels Permitted
(1)
Notwithstanding access and frontage requirements listed herein, developments
may be allowed on lands without direct access or frontage:
a.
Where the land has access onto a public road being provided by way of
a caveat or master or declaratory easement registered and maintained in
perpetuity on title in favour of the subject land with the owners of other
lands so as to ensure cross-access at all times by motor vehicles.
b.
Where the land is deprived of frontage on a public road as a result of
land acquisition or expropriation by an authority having the power of
expropriation or acquisition, or authorization pursuant to The Planning Act,
subject to access onto a registered road being provided by way of an
existing private right-of-way registered on title in favour of the subject lot.
c.
Where the land abuts lands held by the Municipality or the Province for
future road-widening or public reserve purposes, subject to access onto a
registered road being provided by way of an existing private right-of-
way registered on title in favour of the subject lot, and subject to
compliance with other applicable requirements of this Zoning By-law as if
said future road allowance was already in existence.
d.
Where the land is to accommodate advanced exploration projects as
defined in the Mines and Minerals Act.
e.
Where the land is intended to be held by the Municipality or the Province
for future road-widening, future road allowance, existing heritage
resource use, as a development control strip or for public reserve purposes.
f.
Where the land abuts a navigable waterway, or is adjacent to a water
body only being separated by land held by the Municipality, the Province
or is a road allowance.
g.
Where the land is a Development Control Strip.
h.
Where the land and its resources fall under the purview of the Crown.
2.1.3
Seasonal Public Roads
Tri-Roads Planning District Zoning By-law 18/02/2018
15
2.0 Zoning Regulations
(1)
Notwithstanding access and frontage requirements listed herein, developments
that are cottages, or land-uses intended to be used seasonally or on a part-time
basis may be allowed where the land abuts or is traversed by a seasonally
maintained public road; however, owners of said lands should not expect the
same level of municipal services as owners of lands with frontage and access to a
registered road allowance that is developed as an all-weather road and is
maintained year round.
2.1.4
Future Public Roads
(1)
No building or structure shall be erected upon any proposed road allowance that
is to be registered and developed under a Development Agreement. Any
development adjacent to a proposed road allowance shall comply with the
requirements of this By-law as if the future public road was already physically in
existence.
2.2
Water and Wastewater Infrastructure Connections
(1)
All principal buildings and structures constructed on land served by public or
private drinking water systems, or wastewater management systems shall be
connected to such services.
(2)
Drinking water systems or wastewater management system connections shall be
made within the time limit specified in a Development Agreement.
(3)
Where municipal drinking water systems, or wastewater management systems
are not available, private services may be permitted.
2.3
Moving and Demolition Structures
(1)
No person shall move any structure or part thereof off his/her property to any
other location unless that structure or part is made to conform to the provisions of
this By-law applicable to the zone to which it is to be moved.
(2)
Before moving a building or portion to a new off-site location, the owner shall
obtain a development permit and if required by the Development Officer enter
into an agreement with the Municipality containing an undertaking of the owner
to pay all damages arising out of the move and such other terms and conditions
as a Development Officer deems necessary.
(3)
Upon completion of the removal of a building from a site, the old foundation
shall be removed, any excavation shall be filled, the ground shall be leveled and
the site shall be put in a safe condition to the satisfaction of the Development
Officer.
2.4
Excavation, Stripping, and Grading
(1)
For the purpose of this Section, excavation shall mean excavation other than for
construction or building purposes, including but not limited to, sand and gravel
mining, top soil stripping, and construction of artificial water bodies.
(2)
The removal of topsoil, or other organic surface material on lands designated for
agricultural use shall not be permitted unless approval has been granted by the
Development Officer. This is not intended to restrict excavation for the purposes
of water control works, road construction, building sites or similar work, or
gaining access to aggregate and other quarry minerals.
(3)
A person wishing to excavate, strip or grade land in any zone shall provide the
following details in a development application:
16
Tri-Roads Planning District Zoning By-law 18/02/2018
2.0 Zoning Regulations
a.
The location and area of the site on which the excavation, stripping or
grading is to take place;
b.
The existing land use and vegetation;
c.
The type and dimensions of the excavation to be made, and the effect on
existing drainage patterns; and
d.
The condition in which the excavation is to be left when the operations is
complete, or the final disposition to be made of the area from which the
topsoil is to be removed, including the action which is to be taken for
restoring the condition of the surface of the land to be affected, and for
preventing, controlling or lessening the creation of erosion or dust from the
land.
(4)
The Development Officer shall consider every application for a permit to
excavate land, and shall not issue a permit unless he or she is satisfied that:
a.
The operation will be carried out so as to create a minimum of dust and
environmental disturbance; and
b.
The operations are one which, in the opinion of the Development Officer, is
reasonably necessary for the use and development of the land in question.
2.5
Lands Subject to Flooding
(1)
No building or structure shall be erected upon lands subject to flooding, which
means lands that:
a.
Is inundated by floods up to and including the 200 year flood, or the flood
of record, whichever is greater;
b.
Has a known history of flooding; or
c.
Experiences flooding during a flood event of a magnitude specified by the
Province in areas protected by flood control works.
2.6
Lands Subject to Erosion or Bank Instability
(1)
No building or structure shall be erected upon lands subject to erosion or bank
instability, which means lands that:
a.
Within a 50 year period, the lands would be eroded or become unstable
due to the action of water contained in an adjacent water body; or
b.
Lands where actual effects of such hazards have occurred, are occurring,
or have been predicted by engineers to occur.
2.7
Setbacks Along Water Bodies
Notwithstanding other sections of this by-law, the following provisions shall apply:
2.7.1
Principal Buildings and Structures along Water Bodies
(1)
In areas where the specific flood, erosion and bank instability hazards have not
been determined, new principal buildings and structures shall be set back from
all water bodies at a distance an engineering investigation shows that these limits
should be established, and at the discretion of the local planning authority,
and/or the applicable provincial authority.
(2)
The setbacks limiting development adjacent to water bodies established above
may be reduced subject to geotechnical, engineering or environmental
assessment by a professional engineer, and at the discretion of the local planning
authority, and/or the applicable provincial authority.
(3)
Where a lot is separated from a navigable waterway by land owned by the
Municipality or the Province, the lot shall be considered for the purpose of
Tri-Roads Planning District Zoning By-law 18/02/2018
17
2.0 Zoning Regulations
permitted land uses and required setbacks in this Zoning By-law as if it abuts the
navigable waterway.
2.7.2
Accessory Buildings and Structures along Water Bodies
(1)
The lot line abutting the navigable waterway shall be the front lot line.
(2)
Accessory buildings and structures shall be limited to boat house, boat port,
sauna, gazebo, picnic shelter, pavilion, storage building, pump house, dock,
shoreline deck when erected between a principal building and a navigable
waterway, including for commercial and industrial uses. The following provisions
shall apply:
a.
No minimum yard setbacks are required on the lot line that abuts a
navigable waterway when the accessory use is a minimum of 20 feet from
the principal structure, except one side yard setback of 15 feet is required
and one side yard of 5 feet for the accessory building.
b.
Only one of a boat house or boat port is permitted per lot, which shall not
exceed 900 square feet in area, measured independently of any other
accessory building, use, or structure permitted in this section.
c.
Roofs of a flat roofed single-storey boat house may be used as a
completely open sundeck with a perimeter protective guard.
d.
A second storey on a boat house may be used as Sleep Cabin or an
Accessory Dwelling Unit.
e.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
(3)
Notwithstanding other sections of this By-law, detached accessory buildings and
structures may be located in the rear yard along a road where a lot has
frontage on a navigable waterway. The following provisions shall apply:
a.
A minimum side and rear yard setback of 5 feet is required for the
accessory buildings.
b.
The accessory buildings shall not have a building length, when measured
along a rear lot line along a road, that is greater than 40 percent of the
lot width.
c.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
(4)
Notwithstanding other sections of this Zoning By-law, garbage and recycling
enclosures may be located in the rear yard where a lot has frontage on a
navigable waterway. The following provisions shall apply:
a.
Plans showing the location and the exterior design of the garbage
enclosures, and vehicular approaches shall be submitted, reviewed and
approved by the Development Officer prior to the issuance of any
permits.
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Tri-Roads Planning District Zoning By-law 18/02/2018
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2.8
Standards for Cottages
(1)
A cottage development must meet the following standards:
a.
The minimum size of a cottage shall be 480 square feet.
b.
Recreational vehicle (RV), mobile homes, travel trailers or other moveable
equipment used for an accommodation shall not occupy or be parked in
lieu of cottage structure on sites designated for a cottage. All cottages
must be permanent, fixed, non-portable structures.
c.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
2.9
Standards for Campgrounds or RV Parks
(1)
A campground or recreational vehicle (RV) park must meet the following
standards:
a.
More than one camp space or recreational vehicle (RV) may be permitted
on a zoning site in a campground RV park.
b.
A campground or RV park must provide a roadway with an all-weather
surface that serves all dwellings with a driving surface a minimum of 13
feet wide.
c.
A campground or RV park must provide storage of refuse in a secured
garbage enclosure at a location not more than 500 feet from camping
spaces.
d.
A campground or RV park must provide clear numbered identification of
each camping space.
e.
A campground or RV park must provide a centrally located recreation
area equivalent to a minimum area of 215 square feet per camping
space.
(2)
Recreational vehicle (RV), travel trailers or other moveable equipment used for
an accommodation shall not occupy or be parked in lieu of cottage structure on
sites designated for a cottage.
2.10
Setbacks from Provincial Trunk Highways and Roads
(1)
Any structure/construction proposed above, below or at ground level, or a
proposal to change or intensify an existing structure, within 125 ft. from the edge
of the right-of-way of provincial trunk highways or provincial roads, or within the
control circles of a Provincial Road Intersections; and any tree, shrub, or hedge
within 50 ft., requires a permit from the Provincial Government.
(2)
Exceptions to the above include, the Binscarth Provincial Access Road and the
Russell Provincial Access Road (from approximately 900 feet east of PTH 83 to
PTH 16) where the local jurisdiction is the traffic authority.
(3)
Energy Generating System shall be setback 1.5 times of the total height of the
structure from the provincial highway right-of-way.
2.11
Setbacks from Public Services
Notwithstanding other sections of this by-law, the following provisions shall apply:
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2.11.1
Drinking Water Systems And Wastewater Infrastructure
(1)
No new residential developments shall be located within 1,500 feet of the
boundary line of a public waste water treatment lagoon.
(2)
No new industrial developments shall be located within 200 feet of the Russell
Regional Water Treatment Plant (WTP) building as measured from the building
face.
(3)
No new developments shall be located within 3,000 feet of the boundary line
with the wells that provide the raw water to the Russell Regional Water
Treatment Plant.
2.11.2
Waste Disposal Grounds
(1)
No building shall be constructed within 1,320 feet of the property line of any
landfill as measured from the wall of the building unless:
a.
a Certified Professional Engineer of Manitoba determines that there will
be no migration of methane gas; and
b.
Approval has been obtained from the Provincial Government.
2.12
Setbacks from Airports
Transport Canada - TP 1247- Land Use in the Vicinity of Airports indicates that potentially
highly incompatible land-uses with airports are Putrescible waste landfills, food waste hog
farms, fish processing/packing plants, Horse racetracks, Wildlife refuges, and Waterfowl
feeding stations.
Notwithstanding other sections of this Zoning By-law, the following provisions shall apply:
(1)
The following land-uses are not permitted within 3,280 feet of the Russell Airport
[TC LID: CJW5] as measured from the edge of the runway:
a.
Food waste hog farms;
b.
Fish processing/packing plants;
c.
Horse racetracks;
d.
Wildlife refuges; or
e.
Waterfowl feeding stations.
(2)
Province of Manitoba Standards For Landfills In Manitoba (2016) indicates the
setback requirements for waste disposal grounds to airports is 9 miles.
2.13
Setbacks from Railways
Notwithstanding other sections of this by-law, the following provisions shall apply:
(1)
A habitable space in new residential structures shall be setback from the
property line of railway operations, as measured from the habitable space in the
structure, as follows:
a.
Freight Rail Yard: 984 feet
b.
Main Line: 98 feet
c.
Branch Line: 49 feet
d.
Spur Line: 49 feet
(2)
Notwithstanding the above, non-habitable spaces within principal structures, non-
habitable principal structures, and non-habitable spaces in detached accessory
structures and uses, as well as agricultural operations may be allowed if the
underlying zoning standards for setbacks provide for such.
2.14
Setbacks from Pipelines, Transportation, and Transmission Lines
Notwithstanding other sections of this by-law, the following provisions shall apply:
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(1)
The habitable space in new residential structures shall be setback, as measured
from the habitable space in the structure, a minimum 50 feet from the property
line of a right-of-way or corridor established for pipeline transportation or
transmission lines in excess of 115 kilovolts.
(2)
Notwithstanding the underlying zoning, secondary uses independent from the
utility infrastructure, such as active and passive recreation, agriculture, community
gardens, other utilities and uses such as parking lots and outdoor storage are
allowed on transmission corridor lands, where compatible with surrounding land
uses. However, a proponent should be aware of the primacy of the transmission
and distribution facilities and that such secondary uses require technical approval
from the transmission provider.
2.15
Setbacks Reduced by Subdivision
(1)
Where an existing building or structure's setback is reduced or proposed to be
reduced by a subdivision of land, and the proposed new setback for the building
contravenes the required setback regulations of this By-law, a variance shall be
required.
(2)
Where an existing building or structure's setback is reduced or proposed to be
reduced by a subdivision of land, any new structures constructed on the lots shall
be subject to all the zoning by-law regulations regarding setbacks.
2.16
Setbacks for Condominium and Consolidated Lot Developments
(1)
Where two or more abutting lots owned by the same entity are consolidated for
the purpose of development, the internal lot lines of the original lots shall not be
construed to be lot lines for the purposes of any zoning regulations, provided that
development on the consolidated lots complies with all applicable regulations of
this By-law.
(2)
Where a comprehensive plan of condominium has received draft plan approval,
the lands to which the draft approved plan of condominium is to be located shall
be deemed to be one lot for the purposes of applying the provisions of the By-
law. Zoning provisions for building setbacks to the lot lines shall apply only to the
external lot lines of the overall plan of condominium, not to internal lot lines
resulting from the registration of any phase of a plan of condominium.
2.17
Setbacks for Infill Dwellings
Notwithstanding other sections of this By-law, the following provisions shall apply:
(1)
Where any new dwelling as a principal building or addition to any type of
dwelling in a principal building is proposed within a street block where at least
80 percent of the lots have been developed with dwelling units in principal
structures, and the front yard setback required by the regulations for the
underlying zoning district is inconsistent with the majority of existing front yard
setbacks for the developed dwellings on the street block:
a.
In the case of interior lots, the new structure shall be developed with a
front yard consistent with the average of the existing front yards facing
the same public road and within the same side of the block the new
dwelling is being erected.
b.
In the case of a corner lot, the average of the front yard setback for the
two nearest lots on each side of the reverse corner lot; or for corner lots all
the lots facing the same public road on the same block may be used for
calculating the allowed setback.
c.
In the case of a key lot, the average of the yard setbacks of the two
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nearest properties on each side of the key lot.
Figure 1: Determined Front Yard Setbacks for Infill Dwellings
2.18
Setbacks for Corner Lots
Notwithstanding other sections of this By-law, the following provisions shall apply:
(1)
In the case of a corner lot, the shorter lot line abutting a public road shall be the
front lot line:
a.
Where the lot lines abutting a public road have the same length, the lot
line where the principal access to the lot is provided shall be deemed to
be the front lot line.
(2)
Notwithstanding Clause (1) above, the Development Officer may require any
corner site to provide an additional Front Yard or Yards other than that required,
having regard to the orientation and access of any development, and the Front
Yard requirements of adjacent properties.
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Figure 2: Determined Front Yard Setbacks for Infill Dwellings
2.18.1
Setbacks for Reverse Corner Lots
(1)
The front yard setback of the key lot shall denote the exterior side yard setback
of the reverse corner lot for a distance of 20 feet from the edge of the common
property line. After 20 feet, the setback will revert to the rear yard setback.
2.18.2
Setbacks Corner Lot Sight Triangle Area
Notwithstanding other sections of this Zoning By-law, the following provisions shall apply to all
zones excluding the CM zone:
(1)
On any corner lot, no building or structure shall be erected, and no fence, hedge,
shrub, bush, tree or other plant shall be permitted to a height greater than 3 feet
above the grade of the roadways that abut the lot, within a triangular area
formed by the part of the lot lines measured along each property line from the
intersection of those lines at the corner of the property closest to the public road
corner and a line joining points on the property lines at a distance of 20 feet
from the point of intersection.
(2)
Boats, recreational vehicles, trailers and similar vehicles shall not be permitted to
park in the corner lot site triangle.
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Figure 3: Corner Lot Sight Triangles
2.19
Setbacks for Through Lots
(1)
Notwithstanding any other provisions in this By-law, for any through lot that is not
also a corner lot, the minimum required front yard setback applies on each public
road in accordance with the provisions of the zone in which the lot is located and
the minimum required rear yard setback does not apply.
(2)
Where a through lot is also a corner lot;
a.
The shorter lot line abutting a public road shall be the front lot line.
b.
Where the lot lines abutting a public road have the same length, the lot
line where the principal access to the lot is provided shall be deemed to
be the front lot line, and the exterior side yard setback, rear yard setback
and the sight triangle provisions apply.
2.20
Setbacks for Flag Lots
(1)
Notwithstanding other sections of this Zoning By-law, the front yard setback for
the flag portion of the lot shall be measured from the access corridor of the pole
portion of the lot where the access corridor is not included in the distance
measurement.
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Figure 4: Flag Lot Setbacks
2.21
Setbacks for Commercial or Industrial near Residential Land-Uses
The following shall not apply to residential land-uses in industrial or commercial zones, and
shall not apply to the Main Streets Area identified in the Tri-Roads Forward Development
Plan By-law No. 18/01/2018:
(1)
Notwithstanding any other provisions of this By-law, where a lot in any
Commercial Zone or Industrial Zone shares a common property line abutting a
residential land-use, the following provisions shall apply:
a.
A setback of 20 feet must be provided along the common lot line in the
commercial zoning district.
b.
A setback of 30 feet must be provided along the common lot line in the
industrial zoning district.
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c.
If the adjoining residential land-use front yard setback requirement is
greater than the underlying commercial or industrial zoning district front
yard setback, the minimum front yard setback shall be the same as the
front yard requirement for the adjoining residential land-use, for a
minimum distance of 50 feet from the common property line.
d.
The required yard setbacks must be landscaped and must not be used for
parking areas or loading areas, outside storage, garbage enclosures, or
commercial or industrial activities of any kind.
e.
Notwithstanding the above, an enclosed portion of a principal building on
lands zoned commercial or industrial may extend to the common property
lines if the underlying zoning standards for setbacks provide for such.
(2)
Notwithstanding any other provisions of this Zoning By-law, where a lot in any
Commercial Zone or Industrial Zone is adjacent to a residential land-use,
separated only by a public right-of-way, the following provisions shall apply:
a.
A setback of 5 feet must be provided along the property line in the
commercial zoning district that is adjacent to the residential land use.
b.
The setback must be landscaped and must not be used for parking areas
or loading areas, outside storage, garbage enclosures, or commercial or
industrial activities of any kind.
c.
Notwithstanding the above, an enclosed portion of a principal structure on
lands zoned commercial or industrial may extend to the property line, if
the underlying zoning standards for setbacks provide for such.
2.22
Permitted Projections into Setbacks
(1)
Despite any other provision to the contrary, the following features are permitted
to project into required yard setbacks as specified in Table 1.
(2)
This section does apply to:
a.
The projection of any listed feature into the minimum required building
setback from Water Bodies, Public Services, Railways, Pipeline
Transportation and Transmission Lines.
b.
Accessory buildings.
(3)
This section does not apply to:
a.
Setbacks for Corner Lot Sight Triangle Area;
b.
Setbacks for Commercial and Industrial near Residential Land-Uses; and
c.
Setbacks from Provincial Trunk Highways and Roads.
(4)
Should the projection exceed the size allowed for that type of projection, the
projection is then considered to be the principal building when attached to the
principal building; and the dimensional standards of detached accessory
structures apply when the projection is detached from the principal building, as
such, variances are required to alleviate compliance with the setback regulations.
(5)
Permitted Projections. Despite any other provision to the contrary, the following
features are permitted to project into a required setback in accordance with
Table 1.
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2.22.1
Table 1: Permitted Projections into Required Setbacks
Feature
Projections Permitted
Front Yard
Side Yard
Rear Yard
(a) Alcoves, bay, oriel windows, vestibules,
and similar additions creating livable
floor area, limited to one storey
5 feet
4 feet, but no closer than
1 foot to property line
5 feet
(b) Air conditioning units, Pool filters, pumps
and heaters
NOT PERMITTED
PERMITTED only in
interior side yards and a
minimum 10 feet
measured laterally from
operable window of a
habitable room on an
adjoining lot
PERMITTED, and
a minimum 10 feet
measured laterally from
operable window of a
habitable room on an
adjoining lot
(c) Balconies
5 feet
5 feet but no closer than 1
foot to property line
5 feet
(d) Open arbours, trellises, landscape
architectural
features,
flag
poles,
lighting fixtures and lamp posts
PERMITTED, but no closer than 1 foot to property lines
(e) Basketball hoops
NOT PERMITTED
PERMITTED
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(f) Boat houses, boat ports, boat slips and
docks (private)
PERMITTED
Boat houses and boat
ports shall not project
more than 50 feet from
the high water mark.
Docks shall not project
more than 65 feet from
the high water mark
No closer than 15 feet to
one side lot line and 5
feet to the other side lot
line
NOT PERMITTED
Feature
Projections Permitted
Front Yard
Side Yard
Rear Yard
(g) Clotheslines, clothesline poles
NOT PERMITTED
PERMITTED
(h) Cantilevers
No more than 3 feet projection and no more than 10 feet along a building wall
(i) Chimneys/chases, and fireplaces
No more than 3 feet projection provided that any projection is not closer than one
foot from the side or rear site line
(j) Fences and Hedges
PERMITTED
(k) Eaves and eaves trough
2 feet [1 foot for an eave and 1 foot for an eavestrough]
(l) Exterior wall finishes including brick
and stone facing
1 foot
(m) Garbage Enclosures
NOT PERMITTED
PERMITTED when less
than 5 feet in height
PERMITTED when adjacent
to a lane and less than 5
feet in height
(n) Ornamental structures: Veranda,
porches, sills, belt courses, portico,
shade projections, awnings, canopies,
cornices, pilasters or similar
incidental building architectural
features.
3 feet but no closer than 1 foot to side lot line
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(o) Parking Spaces, Parking Aisleways,
Queuing spaces.
NOT PERMITTED
except in Commercial
Highway zones
NOT PERMITTED
except in Commercial
Highway zone and
Residential zones
PERMITTED
(p) Open Patios and Decks
PERMITTED, when height is 2 feet or less.
(q) Pools And Hot Tubs
NOT PERMITTED
No closer than 5 feet to side or rear lot line
(r) Roofs over exterior entrances (may not be
enclosed except by railing)
5 feet but no closer than 1 foot from side lot line
(s) Unclosed walks, wheelchair landings
and ramps.
PERMITTED
(t) Unenclosed stoops, porches, landings,
steps, landings, and fire escapes
Maximum depth =
5 feet unless maximum
height equal to or less
than 2 feet
PERMITTED if 2 feet in
height or less
No closer than 2 feet to
side lot line if height
exceeds 2 feet
PERMITTED if 2 feet in
height or less
(u) Energy Generating System
NOT PERMITTED
NOT PERMITTED, and
15 feet from the exterior
side lot line of corner lot
PERMITTED
Figure 5: Example Projections into Required Yards (Permitted and Not Permitted)
2.23
Permitted in Front and Rear but Not Side Yards
(1)
Any building or structure, or projection that is permitted in a front or rear yard
setback; or where the front or rear yard setback has no requirement in the
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underlying zoning district regulations, the building or structure, or projection shall
still adhere to any applicable side yard setback requirements.
2.24
Permitted Projections Above the Height Limit
(1)
The maximum height limits do not apply to the structures listed below or to any
other similar structures that may require a height in excess of maximum height
limits in order to serve their intended purpose, unless otherwise specified in the
Zoning By-law and provided these structures are erected only to such height or
area as is necessary to accomplish the purpose they are to serve:
a.
Barn, silo, or other accessory buildings or structures associated with an
agricultural operation.
b.
Chimney, smokestack or flues.
c.
Clock tower, church spire, steeple or belfry.
d.
Construction equipment during the construction process.
e.
Mechanical and service equipment or penthouse, elevator or stairway
penthouses not exceeding 10 feet above the roof deck.
f.
Flag pole with a flag of a country or government.
g.
Grain elevators, terminals, feed mills, seed plants.
h.
Hydro and other utility transmission and distribution towers.
i.
Landscaped areas, roof-top gardens and terraces and associated safety
guards and access structures.
j.
Ornamental dome, skylight, cupola, gables or parapet not exceeding 5
feet above the roof deck.
k.
Utility poles and high voltage transmission lines.
l.
Television, radio or telecommunication antenna, excluding a satellite dish or
tower antenna accessory to a permitted use in a residential zone.
m.
Water tower.
n.
Energy, Generation Systems.
o.
Energy Generation Systems on the roof shall be no more than 15 feet
above the rooftop.
2.25
Temporary Buildings, Structures, and Uses
(1)
Temporary buildings, structures or uses may be permitted in all zones on a non-
permanent basis for up to 12 months, with not more than an additional 12 months
when approved as a Conditional-Use; subject to the issuance of a development
permit under the following conditions:
a.
A development permit for a temporary building, structure or use shall be
subject to such terms and conditions as required by the Board.
b.
Each development permit issued for a temporary building, structure or use
shall be valid for a period of not more than 12 months and may not be
renewed for more than two successive periods at the same location.
(2)
The following temporary buildings, structures or uses shall be permitted in all
Zones when the use specific standards are met:
a.
Temporary buildings, structures, and uses are permitted on a site in
connection with the construction or maintenance of public services, and only
for the following purposes:
i.
Office space for the contractor, developer, or project supervisor;
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ii.
Temporary accommodation for a caretaker, security guard or
construction workers;
iii.
Temporary placement of asphalt and concrete batch plants; or
iv.
Storage of construction materials and equipment.
b.
Temporary buildings, structures, and uses are permitted on a site in
connection with construction or development of a site, provided that a
development permit is issued and valid for the construction and
development of the site, and only for the following purposes:
i.
Office space for the contractor, developer, or project supervisor;
ii.
Temporary accommodation for a caretaker, security guard or
construction workers;
iii.
Temporary accommodation for the land owner and family during
the construction of a dwelling unit on the same site for a maximum
12 month period; or
iv.
Storage of construction materials and equipment.
c.
Temporary uses including garage sales, fundraising events, outdoor car
washes, real estate sales offices and model sales homes, and Temporary
Emergency Residence.
(3)
The following temporary buildings, structures or uses shall not be permitted in any
Residential Zones:
a.
Temporary uses including farmers' markets, special events, and seasonal
sales.
(4)
Temporary building used as a classroom is permitted only on a site where an
elementary or secondary schools land-use already exists.
2.25.1
Temporary Buildings Use Specific Standards
(1)
Temporary buildings, structures, and uses shall not be detrimental to public
health, safety, convenience, and general welfare.
(2)
The temporary buildings, structures, and uses must not result in permanent
alterations to the site.
(3)
All temporary signs associated with the temporary use or structure must be
removed when the activity ends.
(4)
The temporary use or structure must not violate any applicable conditions of
approval that apply to a principal use on the site.
(5)
Temporary buildings, structures, and uses established under this By-law in
connection with construction or development of a site, shall be removed within one
(1) month of the completion of construction or development on the site unless
otherwise noted in this Zoning By-law.
(6)
Temporary buildings and structures shall not exceed 1,000 square feet in gross
floor area and 13 feet in height.
(7)
The temporary building, structure or use shall be located in compliance with the
setback requirements as specified in this Zoning By-law for accessory buildings
except:
a.
temporary buildings, structures or uses may be located in the front yard of
a principal building with a minimum setback of 3 feet from the front
property line.
b.
temporary buildings, structures or uses may be located on a site with no
principal buildings and with a minimum setback of 3 feet from the front
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property line.
(8)
Temporary buildings or structures used as Real Estate Sales Offices and Model
Sales Homes shall not be used as a dwelling during the time it is being used as a
real estate sales office or model home.
2.25.2
Permit Required for Temporary Buildings and Uses
(1)
A development permit for a temporary building, structure or use shall be subject
to such terms and conditions as required by the Board or the Development
Officer and approval pursuant to the Development Procedures Section of this By-
law.
(2)
Each development permit issued for a temporary building, structure or use shall
be valid for a period of not more than 12 months.
2.25.3
Permit Exemptions for Temporary Buildings and Uses
(1)
The following temporary uses are exempt from the requirement for development
permit approval, provided that the proposed temporary use complies with the
Use Specific Standards of temporary buildings, structures, and uses:
a.
Garage, rummage or yard sales up to a maximum of 2 weekends per
year, for a maximum of 3 days each.
b.
Outdoor car washes lasting no more than 2 consecutive days, 7 times per
year.
c.
Outdoor special events (carnival, circus, fair, outdoor performing artists,
festivals, sports competitions, or similar events) lasting no more than 3
consecutive days, 4 times per year.
d.
Fundraising events lasting no more than 2 consecutive days, 7 times per
year.
e.
Seasonal Sales such as Christmas trees, flags, kites, fruits, vegetables, or
arts and crafts that are limited to a maximum of 60 days in each calendar
year.
f.
Farmer's Market held in an open area or in a structure where groups of
individual sellers offer for sale to the public such items as specialized lines
of food products, fresh produce, seasonal fruits, fresh flowers, arts and
crafts items, or food and beverages dispensed from booths located on-
site, limited to between April 1 to October 31..
g.
Temporary Emergency Residence where interim lodging is provided to
persons who are displaced from their homes due to fire, flood or natural
disaster, limited to a maximum of 60 days.
2.26
Cover-All Buildings and Fabric Buildings
(1)
Cover-all Buildings and Fabric Buildings shall not be permanently stored or used
in a residential zoning district unless as a temporary use, and subject to following:
a.
Site Plan Approval shall be required by the Development Officer and
Council, prior to the issuance of any building or development permits, for
the on-site location(s) of the Cover-all Buildings and Fabric Building(s) and
the exterior finishing materials for the structures, all of which shall be
maintained to the satisfaction of the Development Officer.
(2)
The gross floor area of Cover-all Buildings and Fabric Buildings shall be counted
in determining the maximum Lot Coverage allowed on a lot.
2.27
Shipping Containers
(1)
Shipping containers mean an intermodal container designed and built for
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intermodal freight transport and shall only be permitted where outdoor storage,
rail terminals and rail yards, truck terminals are permitted by right.
(2)
Shipping containers may serve as temporary buildings or structures on a site in
connection with construction, seasonal sales, farmer's markets, outdoor special
events, and Exploration Projects [Advanced].
(3)
A shipping container when used as a temporary structure shall:
a.
Be used exclusively for the storage of goods and materials and shall not
be used as a garage, or as human habitation.
b.
Meet the setback requirements for temporary structures.
c.
Require Site Plan Approval shall be required by the Development Officer
and the Board, prior to the issuance of any building or development
permits, for the on-site locations and designs of accessory parking areas,
private approaches, garbage areas, fencing, landscaping, signage, and
exterior finishing materials for the construction of principal buildings and
detached accessory buildings and structures, all of which shall be
maintained to the satisfaction of the Development Officer.
(4)
Shipping containers shall not be permanently stored or used on a residential zoned
lot.
2.28
Accessory Buildings, Structures and Uses
(1)
Accessory building, structure or use means a subordinate building, structure or use
which is incidental and accessory to the principal building, structure or use, and
located on the same site as the principal building, structure or use.
(2)
A development permit for an accessory buildings or structures shall be required
unless otherwise noted in this By-law, and subject to such terms and conditions as
required by the Board.
(3)
An accessory use is allowed in any zone if:
a.
It is on the same lot as the principal use to which it is accessory; and
b.
It exists to aid and contribute to the principal use to carry out the function
of that principal use.
(4)
Accessory developments are permitted when accessory to a permitted use.
(5)
Accessory developments are conditional when accessory to a conditional use.
(6)
If a question arises as to whether a particular accessory use or structure is included
within the land use categories or use types of this By-law, the Development Officer
must make the determination as described in the section Classification of Uses.
(7)
Detached accessory buildings, structures or uses shall cease to be allowed on a
site when a principal building or land-use also ceases, unless otherwise provided
in this By-law as a temporary building or use.
2.28.1
Attached to Principal Building
(1)
Where the accessory building or structure is attached to the principal building by
a roof, floor (except slab on grade or foundation), or an open or enclosed
structure, the accessory building shall be located in compliance with the setback
requirements for the principal building as specified in the bulk table for each
zone.
2.28.2
Construction Before Principal Building or Structure
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(1)
Detached accessory buildings or structures may be constructed before
construction of the principal building, structure or use on the same site, subject to:
a.
The accessory building being fully finished on the exterior in a manner that
is compatible with the character of the surrounding area;
b.
The number of accessory buildings or structures being limited to one (1)
before construction of the principal building, structure or use; and
c.
The detached accessory buildings or structures remains without the
principal building or use for not longer than one (1) year.
(2)
Detached accessory buildings or structures constructed before the development of
the principal building, structure or land-use may be used for the following uses:
a.
As a temporary building for uses in connection with construction or
development on the site as outlined Temporary Buildings, Structures and
Uses.
b.
Parking of motor vehicles;
c.
Boat house and Boat port;
d.
Storage of domestic equipment and supplies;
e.
Storage required for an agricultural operation;
f.
To accommodate Exploration Projects [Advanced] as defined in the
Mines and Minerals Act;
g.
Private wastewater management system; or
h.
Private drinking water system.
(3)
Detached accessory buildings or structures being used as temporary buildings in
connection with construction or development on a site, shall not be subject to
removal within one (1) month of the completion of construction or development of
a principal use or building, but shall cease to be used as a temporary building.
2.28.3
Performance Standards for Accessory Building, Structure or Use
(1)
Site Plan Approval shall be required by the Development Officer and the Board,
prior to the issuance of any building or development permits, for the on-site
locations and designs of accessory parking areas, private approaches, garbage
areas, fencing, landscaping, signage, and exterior finishing materials for the
construction of principal buildings and detached accessory buildings and
structures, all of which shall be maintained to the satisfaction of the Development
Officer.
2.28.4
Location on the Lot for Accessory Building, Structure or Use
Building Separation between Accessory Buildings
(1)
Detached accessory buildings, excluding detached decks, above ground pools
and hot tubs, shall be located a minimum of 3 feet clear of all projections from
other detached accessory buildings.
Easement or Right-of-way
(2)
Detached accessory buildings and structures shall not be located within a
dedicated easement or right-of-way.
Setbacks from Lot Lines
(3)
Detached accessory buildings and structures shall be located in accordance with
the following:
a.
Shall not be permitted in the front yard setback of a principal building.
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b.
When a detached accessory buildings or structures built to the rear of the
principal structure, it shall not come closer than 5 feet to the side property
line and 5 feet from the rear property lines, unless the rear property line
abuts a rear public lane in which case the rear yard setback shall be 3
feet.
c.
The cumulative gross floor area for all detached accessory structures on
the lot shall not exceed 12.5 percent of the total building coverage area
of the lot.
d.
A one (1) foot overhang is permitted within the required setbacks from the
property lines to the wall of the detached accessory structures.
Eavestrough may be added to the permitted one (1) foot overhang.
(4)
If a detached accessory structure is not located to the rear of the rear wall of the
principal building, the minimum setbacks of the principal building apply to that
portion of the structure not to the rear of the rear wall of the principal building.
For the purpose of this regulation, the rear wall of the principal building is the
wall furthest from the wall with the facade facing the fronting public road.
2.28.5
Height of Accessory building, Structure or Use
(1)
Detached accessory buildings and structures shall not exceed 13 feet in height
except in association with a Garage Suite or with agricultural operations where
accessory structures may exceed this height.
2.28.6
Building Coverage of Accessory building, structure or use
(1)
The cumulative gross floor area of all Detached accessory buildings and
structures shall be counted in determining the maximum Lot Coverage allowed on
a lot.
2.29
Garages and Carports
Garages and carports are detached accessory buildings or structures that shall be constructed
as follows:
(1)
Where a driveway leads from the public road to a garage or carport located
on the front facade of a dwelling, such driveway must be a minimum of 18 feet in
length. Driveway length is measured between the garage door or the edge of
the carport closest to the public road and the front property line.
(2)
Individual driveways leading from a shared private lane to each dwelling unit
must be at least 20 feet long, as measured between the front of the garage or
carport and the closest pavement edge of the shared private lane.
(3)
The maximum height allowable for a garage, carport or any accessory structure is
13 feet as determined for different roof styles as shown in this By-law except for a
garage that contains a Garage Suite in which case the maximum height shall be 22
feet.
(4)
The cumulative gross floor area of garages, carports and any other accessory
structures on the lot shall be counted along with the gross floor area of the
principal structure in determining the maximum Lot Coverage allowed on a lot.
2.29.1
Location on the Lot
(1)
Garages and carports shall be located in accordance with the following:
a.
When a garage or carport is built to the rear of the principal structure, it
shall not come closer than 5 feet to the side property line and 5 feet to the
rear property line unless the rear property line abuts a public lane in
which case the rear yard setback shall be 3 feet.
b.
A one (1) foot overhang is permitted within the required setbacks from the
property lines to the wall of the garage or carport posts. Eavestrough may
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be added to the permitted one (1) foot overhang.
c.
Garage or carport may be located in the front of a principal building
where a lot has frontage on a navigable waterway.
2.29.2
Attached to Principal Building
(1)
Where the garage or carport is attached to the principal building by a roof,
floor (except slab on grade or foundation), or an open or enclosed structure, the
garage or carport shall be located in compliance with the setback requirements
for the principal building as specified in the bulk table for each zone except for
the driveway length requirements as stated above in this section.
(2)
Where the garage or carport is not located to the rear of the rear wall of the
principal building, the minimum setbacks of the principal building apply to that
portion of the structure not to the rear of the rear wall of the principal building.
2.29.3
Performance Standards for Garages and Car Ports
(1)
The design of the exterior finishing materials, and construction of garages and
carports shall be to the satisfaction of the Development Officer or the Board who
shall require, as far as reasonably practicable, that materials will be used which
ensure that the standard of the garage or carport will be similar to, or better
than, the standard of surrounding principal buildings.
a.
Site Plans showing the location and the exterior design of the accessory
buildings and driveways shall be submitted, reviewed and approved by
the Development Officer.
(2)
Cover-all buildings and fabric buildings shall not be allowed as garages or
carports in residential zones.
2.30
Home Enterprises
This section shall not apply to an agricultural producer operating an Agricultural Operation
or Agri-Tourism in the Agricultural Operation Zone. Home Enterprises are accessory land-
uses to the principle land-use, a dwelling, and are regulated in such a manner to insure the
scale of the home enterprise does not dominate and surpass the primary land-use.
2.30.1
Requirements For All Home Enterprises
(1)
Shall be operated by an occupant of the dwelling unit.
(2)
The exterior residential character of the dwelling unit should not be altered or
changed in any way as a result of the home enterprise.
(3)
The home enterprise shall not create or become a nuisance by way of noise,
fumes, dust, odour, traffic or otherwise interfere with the enjoyment of the
residential amenities of the surrounding neighbourhood.
(4)
Where a home enterprise is located completely below the first storey of a Dwelling
Unit (other than stairways or a common landing), the below grade floor area
(excluding the area covered by stairways) shall not exceed the gross floor area of
the first storey of the associated principal dwelling;
(5)
Any portion of a home enterprise located below the first storey of a Dwelling
Unit shall not be used in calculating the maximum size of the home enterprise.
(6)
Where a home enterprise is developed completely or partially above grade, the
floor area (excluding the area covered by stairways) of the home enterprise in
the principal structure shall not exceed 25% of the gross floor area of the
building containing the associated principal dwelling, nor 400 square feet
whichever is the lesser.
(7)
Where a home enterprise is developed in a detached accessory building, the
floor area of the home enterprise shall not exceed the building envelope of a
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detached accessory building allowed on the site.
(8)
Where a home enterprise is developed in a detached accessory building, any
overhead doors visible from an adjacent lot or site containing a residential use
must remain closed when not being used for entry or exit of vehicles.
(9)
Shall not include adult entertainment; dating and escort service; body
modification; on-site auto body painting, body repairs, or other repairs to
automobiles, trucks, boats, trailers, or motorized vehicles; vehicle towing
operations; dispatch centres for auto-oriented services; sales of firearms or
ammunition; any business utilizing radio transmission equipment; and any business
engaged in the sales and rental of automobiles, light trucks or motorcycles.
(10) Shall not be subject to separation from the principal dwelling through a
condominium conversion or subdivision.
(11) Two or more home enterprises per dwelling unit may be allowed, and shall be
deemed as a single home enterprise subject to all the applicable regulations for
a single home enterprise.
(12) Should a home occupation and a home based business both be established in a
dwelling unit where the underlying zoning allows such uses, the regulations of
each type of home enterprise shall apply though the cumulative above grade
floor area shall not exceed the maximum restrictions of a home based business.
(13) May allow greenhouse, nursery and floriculture production including Food crops
grown under cover; Other food crops grown under cover; Nursery and
floriculture production; Nursery and tree production; Floriculture production but
shall not allow Mushroom production.
(14) Customers may attend only five (5) days a week, unless otherwise noted.
(15) Not more than two (2) customers may attend at one time, unless otherwise noted.
(16) Where a home enterprise is within the controlled areas of a Provincial Trunk
Highway or Road, a permit may be required from the Province to change or
intensify the use of an existing structure or to intensify the use of an existing
access to a provincial highway (excluding those portions where the local
jurisdiction is responsible for access and structure setbacks).
2.30.2
Home Occupations
(1)
Where home occupations are permitted subject to the individual zones, the
following shall apply:
a.
The maximum size of a home occupation, above grade in both principal
and accessory structures is 25 percent of the gross floor area of the
principal building.
b.
Must not have non-resident employees.
c.
There shall be no outside storage or display of materials, containers, or
finished products, and no mechanical equipment used except that of a
type used for housekeeping purposes and/or recreational hobbies.
d.
Work or activity must be conducted entirely within the principal building or
accessory building.
e.
Where a home occupation is the office of a veterinarian, physician, or
dentist, the use shall be for consultation and emergency treatment only and
not as a clinic or hospital.
f.
There shall be no signage, other than one (1) non-illuminated sign of less
than 2 square feet in size, attached to the principal building, to indicate to
persons outside that any part of the dwelling is being used for a purpose
other than residential.
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g.
No business related materials, including machinery or commercial vehicles,
shall be visible at any time on any lot upon which a home occupation is
carried out, nor shall any machinery or commercial vehicles be parked or
stored on the lot unless completely enclosed within a building.
h.
Where a home occupation is a Home-Based Child Care that cares for
more than four (4) children, the use must comply with the following
requirements:
i.
The provider must be a resident, and be licensed by the Province of
Manitoba as a home-based child care provider.
ii.
Limited to no more than 12 persons being cared for.
iii.
Limited to a single detached dwelling.
iv.
Two non-resident assistants may operate in and from the dwelling.
v.
An outdoor play space may be provided which shall be completely
enclosed by a fence with a minimum height of 5 feet and any gates
in the fencing shall be self-closing with a lockable latch to prevent
unauthorized exiting.
vi.
Any in-ground or above-ground pools and hot tubs must be fenced
separately from the outdoor play space, and have a locked gate,
or other locked device.
vii.
Must provide a pick-up/drop-off area, which may be a driveway,
sufficient to ensure the safety of people when entering and leaving
the premises.
viii.
Home-Based Child Care facilities are not subject to the maximum
floor area restrictions of home occupations.
ix.
Home-Based Child Care facilities are not subject to the restrictions
on the number of customers, and may allow customers seven (7)
days per week.
i.
Where a home occupation is a Bed and Breakfast, the use must comply
with the following requirements:
i.
The bed and breakfast shall form part of a single detached
dwelling, either in the principal or accessory building.
ii.
A new bed and breakfast shall meet the provisions of the zone in
which it is located.
iii.
A bed and breakfast shall only be operated by a live-in owner with
a maximum of four (4) guest rooms.
iv.
A bed and breakfast shall not change the residential character of
an existing dwelling unit.
v.
Bed and breakfast facilities are not subject to the maximum floor
area restrictions of home occupations.
vi.
May allow customers seven (7) days per week.
2.30.3
Home Based Businesses
(1)
Where home based businesses are allowed subject to the underlying zone, the
following shall apply:
a.
The maximum size of a home based business, above grade in both
principal and accessory structures, and outside of the structures shall be a
cumulative 5 percent or 8,000 square feet, whichever is lesser, of the total
lot area.
b.
A maximum of three non-resident employees shall be permitted on site.
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c.
A maximum of one licensed motor vehicle between 10,000 pounds and
33,000 pounds gross vehicle weight rating (GVWR) is allowed on the lot
provided that the vehicle:
i.
Is parked further from the public road than the front wall of the
structure;
ii.
Is either parked in an enclosed structure or shielded from view from
adjacent properties through the use of landscaping or fencing;
iii.
The width of the driveway, or any area dedicated to off-street
parking on the premises, shall not exceed 40 percent of the width of
the front lot line; and
iv.
There is no semi-trailer parking or storage on-site.
d.
Sales areas are restricted to within the principal dwelling unit and
accessory buildings only with no outside display.
e.
A maximum 2 percent of the total lot shall be permitted to be used for
outdoor storage associated with the home based business.
f.
Outdoor storage shall be located behind the rear wall of the principal
building. For the purpose of this regulation, the rear wall of the principal
building is the wall furthest from the wall with the facade facing the
fronting public road.
g.
Outdoor storage shall be screened from view from any abutting public
road or abutting property with an opaque screen or fence, with a minimum
height of 6 feet.
h.
A maximum 2 percent of the total lot area shall be permitted to be used
for outdoor activities associated with the home based business.
i.
Outdoor activities shall be located behind the rear wall of the principal
building. For the purpose of this regulation, the rear wall of the principal
building is the wall furthest from the wall with the facade facing the
fronting public road.
j.
Outdoor activities shall be screened from view from any abutting public
road or abutting property with an opaque screen or fence, with a minimum
height of 6 feet.
k.
The hours of operation of outdoor activities shall be limited to between
9:00 am and 6:00 pm; six (6) days a week.
l.
There shall be no signage, other than one (1) non-illuminated sign of less
than 16 square feet in size, to indicate to persons outside that any part of
the dwelling is being used for a purpose other than residential.
m.
No part of any garage or accessory building used for a home based
business shall be located closer than 82 feet from any dwelling unit (other
than a dwelling of the owner or occupant), 50 feet from the site boundary
and 164 feet from a public road.
2.31
Fences And Hedges
(1)
Fences shall not include barbed wire fences except in agricultural, industrial and
Commercial Highway zones where three (3) strands of barb wire are permitted
on-top of the allowable fence height; and shall not include electric fences except
in agricultural zones.
(2)
Fences and horticulture landscape features including hedges that create a fence
like effect, shall be permitted in all yard setbacks and shall be limited in height in
the setbacks for corner lot site triangles as prescribed elsewhere in this By-law.
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(3)
Fences and hedges in residential areas shall not be higher, measured from the
general ground level 1.6 feet back of the property line of the site on which the
fence or the hedge is to be constructed, than:
a.
4 feet in a required front yard; and
b.
6.6 feet in a required side or rear yard.
(4)
Fences and hedges in any Industrial and Commercial District shall not be higher,
measured from the general ground level 1.6 feet back of the property line of the
site on which the fence or the hedge is to be constructed, than:
a.
4 feet in a required front yard;
b.
6.6 feet in a required side yard; and
c.
8 feet in a required rear yard.
(5)
Notwithstanding the above, the maximum height of a fence or a hedge located in
an Institutional District, Open Space District, public utility service site,
hazardous use, or public park shall be 10 feet.
(6)
Where a fence or a hedge (excluding agricultural fencing) is located within the
controlled areas of Provincial Trunk Highways or Roads, a permit may be
required from the Province.
2.31.1
Fence Design Standards
(1)
Permitted materials for the construction of fences in any zoning district shall
include:
a.
Wood or PVC products;
b.
concrete;
c.
ornamental block;
d.
brick;
e.
metal;
f.
combination of the above materials; or
g.
any other material, subject to an illustration by a certified engineer,
architect or landscape architect to the satisfaction of the Development
Officer or the Board; and
h.
Shall not contain scrap metal or industrial waste material.
(2)
Notwithstanding the above, a snow fence is allowed to be erected on a
temporary basis between November 1 and April 15 of the following year,
provided the snow fence is properly maintained, and located a minimum of 10
feet from any property line.
(3)
No fence shall be maintained or caused to be maintained in a damaged or
disrepair state or condition by reason of fire, decay or otherwise; and all fences
shall be constructed or caused to be constructed in a sound manner and shall be
maintained by painting or other suitable means and shall be straight and true.
(4)
No fence shall be maintained or caused to be maintained such that it encroaches
on or over a public right-of-way or sidewalk thereby creating a hazard to or
impede the passage of pedestrians or vehicular traffic.
2.32
Decks, Patios, Balconies, Patio Covers, Sunrooms,
Screen Enclosures
(1)
Unenclosed decks, patios and balconies, shall be permitted in any front, side
yard or rear yard setback when 2 feet or less in height as measured from the
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underside of the joists to the ground.
(2)
Covered decks, patios and balconies shall be permitted in any front, side yard or
rear yard setback when 2 feet or less in height as measured from the underside
of the joists to the grade directly under the joist.
(3)
Enclosed decks, patios and balconies with sunroom or screen enclosures shall have
the dimensional standards of the principal building apply when attached to the
principal building; and the dimensional standards of detached accessory
structures apply when detached from the principal building.
Figure 6: Typical Deck Elevation Plan
2.33
Pools And Hot Tubs
(1)
Private swimming pools and hot tubs shall comply with the regulations listed
hereunder.
Encircling Fence
(2)
Shall be completely enclosed by a fence with a minimum height of 6 feet, or a
sunroom, and shall comply with the Manitoba Building Code.
(3)
A principal or accessory building may be utilized to effectively enclose any pool.
(4)
Any gates in the fencing shall be a minimum height of 5 feet and shall be self-
closing with a lockable latch a minimum of 2 feet above ground to prevent
unauthorized entry.
(5)
Fencing and gates must be constructed in a manner to prevent a child from
crawling underneath to access the yard.
(6)
Fencing shall be so constructed that all horizontal or diagonal structural members
shall be located on the inside or pool side of the fence.
(7)
A hedge shall not be used as or considered to be a fence for the purpose of this
section.
(8)
The fencing requirements do not apply when the following Manitoba Building
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Code items for Hot Tub Covers applies:
a.
The hot tub does not exceed 7.87 feet or 50.0 square feet.
b.
The hot tub has a cover that:
i.
has the structural strength to support the weight of an adult walking
across the top of the cover when it is in the closed position; and
ii.
is capable of being locked in the covered position to prevent access
to the water by unauthorized persons.
c.
At all the times when use is not supervised by an adult, the hot tub is
covered by a cover that:
i.
complies with the above; and
ii.
is Locked.
Location on Site
(9)
Shall provide a minimum of 5 feet rear and side yards setbacks.
Setbacks for Pool Equipment
(10) Pool filters, pumps and heaters and the like may project into any side or rear
yard setback provided that the projection is not closer than 1 foot from the side
or rear site line, and the minimum distance from filters, pumps, heaters, or related
equipment to an operable window of a habitable room on an adjoining lot is 10
feet (measured laterally).
2.34
Outdoor Fire Pit, Wood Burning Stove, or Barbecue
(1)
Where an outdoor wood stove or furnace is established for heating of the
principal building or structure, it shall be considered as part of such building or
structure and all yard requirements of a principal building shall apply in the
applicable zone.
(2)
All outdoor wood burning stoves and furnaces are subject to the following
provisions:
a.
Shall be supported by a non-combustible base or foundation that is
designed according to the manufacturer's instructions to support the weight
of the appliance. The non-combustible base must in all cases extend a
minimum of 1 foot in all directions from the appliance on all sides.
(3)
All outdoor wood burning areas in residential zones are subject to the following
provisions:
a.
Shall be located at least 10 feet from the base of any tree, hedge, fence,
combustible building or structure.
b.
Shall not be located in a front yard.
c.
Shall be located at least 30 feet from a pipeline, public utility, transmission
corridor, or public right-of-way.
2.35
Garbage And Recycling Storage Areas
(1)
Garbage and recycling shall be:
a.
Fully enclosed by a brick, concrete or wood barrier that is at least 6 inches
above the top of the garbage container.
(2)
Garbage and recycling enclosures shall not be permitted in the required front or
side yard setbacks of residential or institutional zoned sites,
(3)
Garbage and recycling enclosures shall not be permitted:
a.
within 20 feet of an abutting residential zone when on a site zoned
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commercial.
b.
within 30 feet of an abutting residential zone when on a site zoned
industrial.
c.
within 10 feet of an abutting residential zone when on a site zoned
institutional.
2.36
Lighting
(1)
Lighting requirements are:
a.
Wall mounted lights must have fully shielded luminaries to direct light
downward.
b.
No owner may install or maintain a light source that is directed outward
toward property boundaries or adjacent rights-of-way.
c.
Lighting must be directed downward except for low-voltage architectural,
landscape and decorative lighting, which is subject to subsection below.
d.
Architectural, landscape and decorative lighting may be directed upward
to illuminate flags, statues or any other objects but must use a narrowly
directed light whose light source does direct light onto adjacent residential
properties.
e.
All light sources must be shielded to prevent glare.
f.
Lighting used to illuminate accessory off-street parking areas shall be
arranged and shielded so as not to reflect directly onto residential lots.
2.36.1
Height of Light Standards
(1)
Within any residential zoning district, the maximum permitted height of light
poles is 20 feet.
(2)
Within any commercial or manufacturing zoning district, the maximum permitted
height of light poles is 25 feet when within 50 feet of residential uses.
2.37
Prohibited Lighting
(1)
No person shall install or maintain strobe lights that are visible from another
property, unless required by a governmental aviation authority.
(2)
No person shall install or maintain red, blue, or yellow rotating lights designed to
imitate lighting on police, fire, or emergency vehicles that are visible from
another property.
2.38
Apiculture (Beekeeping)
(1)
The following requirements must be met for Beekeeping:
a.
In the non-Agricultural Zoning Districts, beehives, also known as apiaries,
shall only be sited in the rear yard.
b.
In the non-Agricultural Zoning Districts, the setback distance from all
property lines for beehives cannot be less than 25 feet.
c.
In the Agricultural Zoning Districts, beehives cannot be sited less than 82
feet from all public roads and property lot lines.
d.
Beehives shall maintain a minimum setback distance of 82 feet from any
dwelling unit (other than a dwelling of the owner or occupant).
e.
Beehives shall not be located within 330 feet of a Child Day-Care
Services, Community Care Facilities, Community Centre, Community Health
Centres, Educational Services, Fitness and Recreational Sports Centres,
Golf Courses and Country Clubs, Pavilion, Picnic Shelter, Pet care services,
Place of Worship, Recreational and Vacation Camps, Restaurants, and
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Sports Arena/Stadiums facilities.
f.
A regular source of water with an unimpeded path shall be provided for
the bees on the same property as the beehives.
g.
Beehives shall be on a site or in a yard completely encircled by a fence or
a hedge with a minimum height of 6 feet, when the beehive is less than
330 feet from a property line. A principal or accessory building may be
utilized as a part of the encircling fence to enclose the beekeeping
structures.
h.
Beehives shall be located so that the entrance to the hives face away from
adjacent property dwellings.
i.
In the non-Agricultural Zoning Districts, the maximum density of bee
colonies shall be relative to lot size using Table 2: Recommended
Maximum Density Of Bee Colonies.
2.38.1
Table 2: Recommended Maximum Density Of Bee Colonies
Lot/Acreage
Number of
Bee Colonies
(a) Up to 1/4 acre
(1/4 acre=10,890 sq. ft., roughly 50 ft. x 215 ft.)
2
(b) More than 1/4 acre, less than 1/2 acre
(1/2 acre = 21,780 sq. ft., roughly 100 ft. x 218 ft.)
4
(c) More than 1/2 acre, less than 1 acre
(1 acre = 43,560 sq. ft., roughly 150 ft. x 290 ft.)
6
(d) 1 acre or more
8
2.39
Livestock
(1)
The Animal Units (AU) Produced by One Animal and the Number of Animals to
Produce One Animal Unit by category of Livestock shall be determined using
Table 3: Animal Units by Category of Livestock.
2.39.1
Animal Keeping
This sub-section is presented as the regulations for the hobbyist or backyard farmer on the
management of small herds and flocks of farm animals; it is not intended as a regulation for
large-scale or commercial livestock operations, and it is not deemed an 'agricultural
operations' or an 'agri-business' as defined under this Zoning By-law.
(1)
The following requirements must be met for Animal Keeping when allowed as an
accessory use in zones where livestock or other farm animals (excluding
household pets such as domesticated dogs and cats) are sheltered, bred, raised,
and possibly sold on lot sizes less than 20.0 acres and greater than 5.0 acres.
a.
For only the section on Animal Keeping, the following applies for the
animals in the categories of livestock defined in Table 3, as well as other
farm animals:
i.
One (1) Farm Animal equals:
1. One Dairy.
2. One Beef.
3. One Hog.
4. Eight (8) Chickens.
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5. Three (3) Turkeys.
6. One Horse.
7. Two (2) Sheep.
8. Eight (8) Ducks.
9. Eight (8) Geese.
10. Two (2) Goats.
b.
Not more than three (3) Farm Animals as prescribed above consisting of
Dairy, Beef, Hogs, Chickens, Turkeys, Horses, Sheep, Ducks, Geese or
Goats; or a combination thereof, shall be allowed on a minimum lot size of
5.0 acres.
c.
A maximum of 8 farm animals and equaling less than 10 Animal Units shall be
permitted on a lot size of 20.0 acres.
d.
Any ground-level structure intended for the keeping of Farm Animals or
waste storage areas shall maintain a minimum setback distance of 164
feet from any dwelling unit (other than a dwelling of the owner or
occupant), 50 feet from the site boundary and 164 feet from a public
road.
e.
Farm Animal feed must be properly stored in enclosed vessels, and areas
or enclosures intended for the keeping of animals must be properly
cleaned and maintained to prevent odours from spreading onto abutting
properties.
f.
Farm Animals (with the exception of household pets) shall be kept enclosed
by fences or corrals, which may be non-opaque.
g.
Farm Animal enclosures or corrals shall maintain a minimum setback
distance of 164 feet from any dwelling unit (other than a dwelling of the
owner or occupant).
h.
Animal Keeping with Farm Animals may be allowed in association with a
Home Based Business.
2.39.2
Private Stables
(1)
Private stables for horses may be allowed as an Accessory Structure subject to
the following conditions:
a.
The maximum number of horses shall be 3.99 AU [3 horses] on a minimum
lot size of 5.0 acres of site area to a maximum of 20.0 acres and 10.64
AU [8 horses].
b.
The animal shelter (stable) and the manure storage area shall maintain a
minimum setback distance of 164 feet from any dwelling unit (other than a
dwelling of the owner or occupant), 50 feet from the site boundary and
164 feet from a public road.
c.
Horses shall be kept enclosed by fences or corral, which may be non-
opaque.
d.
Horse enclosures or corrals shall maintain a minimum setback distance of
164 feet from any dwelling unit (other than a dwelling of the owner or
occupant).
2.39.3
Equestrian Establishments
(1)
Equestrian Establishments may be allowed as a Home Based Business subject to
the following conditions:
a.
A maximum of three non-resident employees shall be permitted on site.
Tri-Roads Planning District Zoning By-law 18/02/2018
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b.
The hours of operation must be limited to between 9:00 am and 6:00 pm;
six (6) days a week.
c.
Students may attend the home based business only six (6) days a week.
d.
Not more than three (3) students for every one (1) horse may attend at one
time.
e.
There shall be no signage, other than a non-illuminated sign of less than 16
square feet in size, to indicate to persons outside that any part of the
dwelling is being used for a purpose other than residential.
f.
The requirements of Private Stables shall apply.
2.39.4
Livestock Operation Uses, 10 AU > 299 AU
(1)
Livestock operations greater than 10 AU and less than 299 AU shall:
a.
Meet the separation distances as stipulated in the criteria outlined in the
Table 3: Minimum Separation Distances for Siting Livestock Operations.
Mutual separation distances to dwelling units will be measured to the
building itself; and separation distances to designated areas will be
measured to the boundaries of the designated areas found in the
Development Plan, not the buildings within.
b.
Be subject to the following measures to reduce odours from the operation:
i.
covering manure storage facilities; and
ii.
the establishment of shelterbelts.
c.
Enter into a development agreement regarding one or more of the
following:
i.
the timing of construction;
ii.
the control of traffic;
iii.
the construction and maintenance of roads, fencing, landscaping
drainage works, shelterbelts; or
iv.
the payment of a sum of money to the board or council to be used
by the Board to construct any of the items mentioned above.
2.39.5
Livestock Operation Uses, Large Scale +300 Animal Units
(1)
In addition to the above, an application for the conditional use approval of a
livestock operation involving 300 or more animal units (cumulative across species)
in an Agricultural Zone shall:
a.
Be sent to the Minister for referral to the Technical Review Committee for
review.
b.
Be subject to the measures to implement the recommendations of the
Technical Review Committee.
2.39.6
Designated Areas
(1)
For the purposes of this By-law, the designated areas for the separation
distances in Table 4 shall be:
a.
Urban Policy Areas, Tourism Policy Areas, and Rural Residential Policy
Areas as identified in the Tri-Roads Development Plan By-law 18-01-18.
b.
Riding Mountain National Park, Gamblers and Waywayseecappo First
Nations Reserves, and Asessippi Provincial Park as identified in the Tri-
Roads Development Plan By-law 18-01-18.
c.
The Regional Water Treatment Plant (WTP) in Russell and the wells that
provide the raw water at SE-16-21-27W.
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d.
Lake of the Prairie, and the Assiniboia River as identified in the Tri-Roads
Zoning By-law 18-02-18 Maps
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2.39.7
Table 3: Animal Units by Category of Livestock
Animal
Type
Animal Units (AU)
Produced by One Animal
Number of Animals to
Produce One AU
(a) Dairy
Milking Cows, including
associated livestock
2
0.5
(b) Beef
Beef Cows, including
associated livestock
1.25
0.8
Backgrounder
0.5
2
Summer pasture/
replacement heifers
0.625
1.6
Feeder Cattle
0.769
1.3
(c) Hogs
Sows, farrow to finish
1.25
0.8
Sows, farrow to
weanling
0.25
4
Sows, farrows to
nursery
0.313
3.2
Weanlings
0.033
30
Growers / finishers
0.143
7
Boars (artificial
insemination
operations).
0.2
5
(d) 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
(e) Turkeys
Broilers
0.01
100
Heavy Toms
0.02
50
Heavy Hens
0.01
100
(f) Horses
Mares, including
associated livestock
1.333
0.75
(g) Sheep
Ewes, including
associated livestock
0.2
5
Feeder Lambs
0.063
16
Source: Appendix 2, Provincial Planning Regulation 81/2011 THE PLANNING ACT (C.C.S.M. c. P80.
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2.39.8
Table 4: Minimum Separation Distances for Siting Livestock Operations
Size of Livestock
Operations in
Animal Units (A.U.)
Separation Distance in Feet
From Dwelling Unit
Separation Distance in Feet
From Designated Areas
To Earthen
Manure Storage
Facility or Feedlot
To Animal
Confinement
Facility and Non-
earthen Manure
Facility
To Earthen
Manure Storage
Facility or Feedlot
To Animal
Confinement
Facility and Non-
earthen Manure
Facility
(a) 10-100
656
328
2,625
1,739
(b) 101-200
984
492
3,937
2,625
(c) 201-300
1,312
656
5,249
3,511
(d) 301-400
1,476
738
5,906
3,937
(e) 401-800
1,640
820
6,561
4,364
(f) 801-1600
1,968
984
7,874
5,249
(g) 1601-3200
2,297
1,148
9,186
6,135
(h) 3201-6400
2,625
1,312
10,499
6,988
(i) 6401-12,800
2,953
1,476
11,811
7,874
(j) >12,800
3,281
1,640
13,123
8,760
Source: Appendix 1, Provincial Planning Regulation 81/2011 THE PLANNING ACT (C.C.S.M. c. P80.
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3.0 Parking, Loading, and Signage
3.0 Parking, Loading, and Signage
3.1
Minimum Parking Requirements
(1)
Accessory off-street parking spaces shall be provided according to the minimum
number of spaces as calculated for uses within the Zones and Use Categories
indicated in Table 5 by taking the number of units for residential uses; the number
of classrooms; or the floor area and multiplying by the required number of
parking stalls.
(2)
All accessory off-street parking spaces shall be located on the same site as the
principal use, unless specifically permitted to locate elsewhere.
(3)
There are no parking requirements for zones or land-uses not included in Table 5.
3.1.1
Table 5: Required Parking Stalls
Zone
Required Parking Stalls
IN
(a) Elementary School: 1.5 per classroom (includes portables)
(b) Secondary School: 4 per classroom (includes portables)
(c) Other Educational: 3.4 per 1,075 square feet of gross floor area
(d) Hospitals: 1 per 1,075 square feet of gross floor area
(e) Community Care Facilities and Nursing and Residential Care Facilities: 0.25 per sleeping
unit or 4 beds plus 1 per 1,075 square feet of floor area used for medical, health or personal
services
RR
(f) 1 per unit
R1
(g) 1 per unit
R2
(h) 1 per unit for 2 units or less
(i) 0.66 per unit for 3 units
(j) 0.8 per unit for 4 units
R3
(k) 1 per unit for 2 units or less
(l) 0.66 per unit for 3 units
(m) 0.8 per unit for 4 units or more
(n) Community Care Facilities and Nursing and Residential Care Facilities: 0.25 per dwelling
unit or per sleeping unit, plus 1 per 1,075 square feet of floor area used for medical, health or
personal services
EL
(o) 0.8 per 1,075 square feet of gross floor area
3.1.2
Existing Use
(1)
Where an existing building is enlarged or altered, or a change in use occurs that
results in a more intensive use, adjustments for parking shall be made
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accordingly.
(2)
Where a building or use lawfully existed before enactment of this Zoning By-law,
the existing provision of parking spaces shall not be affected by enactment of
this zoning unless a change as per (a) above occurs, at which time adjustments for
parking spaces shall be made according to the requirements contained herein.
3.1.3
Parking Requirements Based on Floor Area
(1)
Where parking requirements are based on the "floor area" of the use, the term
"floor area" in this section means the gross floor area of the principal building,
excluding:
a.
Any area used for parking within the principal building;
b.
Any area used for incidental service storage, mechanical equipment, or
similar uses;
c.
Any area used for bicycle parking; and
d.
Residential dwelling units.
3.1.4
Minimum Visitor Parking
(1)
Visitor parking shall be provided for the following:
a.
Apartment dwelling, Multiple attached dwelling, Stacked dwelling,
Bungalow clusters, and Bungalow courts with 14 or more dwelling units on
one lot shall provide a minimum visitor parking of 0.3 spaces per dwelling
unit.
b.
Community Care Facilities and Nursing and Residential Care Facilities
where the minimum visitor parking shall be 0.2 spaces per dwelling unit or
for every 4 sleeping units when there are 14 or more required parking
stalls.
3.2
Parking Reductions
The following may be used to reduce the required number of parking spaces:
3.2.1
Main Streets and Heritage Resource Uses
The areas designated Main Streets in the Development Plan; and buildings, structures or land-
uses identified as Heritage Resource Uses may reduce the required parking spaces as
follows:
(1)
When any building, structure, or use in existence prior to the adoption of this By-
law is subsequently damaged or destroyed, and is reconstructed, re-established,
or repaired, the accessory off-street parking or loading spaces maintained at the
time of such damage or destruction may be restored or continued in operation.
(2)
When a new use commences in an existing building, no additional parking is
required.
(3)
When a new building is erected or an existing building's gross floor area is
expanded, no additional parking is required.
(4)
When a new building is erected on a parking area in existence at the time of this
By-law the former land users dependent on said parking area shall not be
required to meet the minimum parking requirements and shall not need to
provide any new parking areas.
(5)
Parking, loading, and service areas shall be located to the rear of the rear wall
of the principal building.
(6)
Where a surface parking area abuts a public road in a corner lot or a public
road, the owner must screen the perimeter of the service area or parking spaces
from public view with an opaque fence and shrubs (minimum mature height of 3
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3.0 Parking, Loading, and Signage
feet) planted one every 2 feet on centre in a 4 foot wide planting bed which
extends the length of the parking area public road frontage.
(7)
Where, because of conditions not conducive to good horticultural practices, a
screen planting cannot reasonably be expected to survive, the Development
Officer shall require a masonry wall, wood fence or earth berm, or combination
thereof, to be substituted for the requirements above.
(8)
Except as otherwise provided in this section, all development, redevelopment,
expansion, demolition, signage or exterior alteration of parking areas and
principal buildings visible from public rights-of-way is subject to Site Plan
Approval by the Development Officer, as provided in this section, prior to
commencement.
3.2.2
Combination of Uses
(1)
Where more than one type of principal use is located within a single building (for
example: retail and service uses in a hotel or office building, or offices combined
with warehousing uses), the number of parking spaces required is reduced to 80
percent of the aggregate of the accessory off-street parking spaces required for
each use established on the zoning lot.
3.2.3
Tandem Parking
(1)
Required parking for residential uses in any zone may be provided as Tandem
Parking.
(2)
Tandem Parking is allowed for uses in Industrial and Institutional zones.
(3)
Tandem Parking may include garage and a driveway leading to a garage.
3.2.4
Shared Parking
(1)
Shared parking may be considered for approval by the Development Officer to
meet parking requirements, with the following criteria:
a.
The alternate site is within a 300 foot walking distance of the main
pedestrian entrance access of the building.
b.
The total supply of parking on the subject and alternate site meets the
parking needs for both sites.
c.
The alternate site is available for a time period equal to that of the
approved uses.
d.
Shared parking spaces when located on zoning lots containing dwellings
other than Apartment dwellings, must be located behind the rear wall of
the principal building.
3.2.5
Bicycle Parking
(1)
Bicycle parking may substitute for up to 15 percent of required parking. For
every five non-required bicycle parking spaces the motor vehicle parking
requirement is reduced by one space. Existing parking areas may be converted
to take advantage of this provision.
3.2.6
Motorcycle Parking
(1)
Motorcycle parking may substitute for up to 10 spaces or 5 percent of required
motor vehicle parking, whichever is less. For every 5 motorcycle parking spaces
provided, the motor vehicle parking requirement is reduced by 2 spaces. Each
motorcycle space must be at least 4 feet wide and 8 feet deep. Existing parking
may be converted to take advantage of this provision.
3.3
Parking Stall Widths and Lengths; and Aisle Specifications
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3.0 Parking, Loading, and Signage
(1)
All off-street parking areas and spaces and below grade parking areas and
spaces shall be designed, constructed and maintained in accordance with Table 6
and the following provisions:
a.
Each regular or angled parking space shall have a minimum width of 8
feet and a minimum length of 20 feet, and shall be visibly designated and
marked except:
i.
Parking stalls abutting side-by-side with a fence, property line or
wall shall be a minimum of width of 10 feet.
ii.
A maximum of 25 percent of the total number of parking stalls
without direct access to a public lane for non-residential uses, and a
maximum of 33 percent of the total number of parking stalls without
direct access to a public lane for multi-family residential uses, may
be reduced in length to 16 feet and designated for small cars only.
b.
Each parallel parking space shall have a minimum width of 8 feet and a
minimum length of 23 feet.
c.
Driveways used for ingress and egress hall be clearly marked.
3.3.1
Barrier-Free Parking Spaces
(1)
Barrier-Free parking spaces shall be provided for all land-uses [except for AO -
Agriculture Operations, RR, R1, R2 and TRC] when vehicle parking is being
provided voluntary with 11 or more parking stalls; or as a requirement under this
By-law.
3.3.2
Table 6: Parking Stall Widths and Lengths; and Aisle Specifications
Angle of Parking
Spaces
Parking Space Width
(Minimum)
Parking Space Length
(Minimum)
Aisle Width
(Minimum)
(a) 61° - 90°
8 feet
20 feet
20 feet
(b) 46° - 60°
8 feet
20 feet
18 feet
(c) Less than 45°
8 feet
20 feet
12 feet
(d) Parallel
8 feet
23 feet
10 feet
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Figure 7: Parking Stall and Aisle Way Dimensions, Angled
Figure 8: Parking Stall and Aisle Way Dimensions, Parallel
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Figure 9: Parking Stall and Aisle Way Dimensions, 90o
(2)
The provision of barrier-free parking spaces shall be counted towards the
required number of parking spaces when vehicle parking is required as per this
By-law.
(3)
The number of barrier-free parking spaces shall be in accordance to the minimum
number of spaces specified by Table 7.
(4)
Each barrier-free parking space shall have a minimum width of 12 feet and a
minimum length of 20 feet.
(5)
Barrier-free parking spaces shall be located within 200 feet of the principal
building's main entrance normally used by employees, or the public.
(6)
Barrier-free spaces must be clearly marked and reserved for the exclusive use of
people with mobility issues.
(7)
At least 1 curb ramp must be located within 200 horizontal feet of the auto
parking space closest to each entrance to a principal or accessory building that is
not a service entrance.
(8)
If two adjacent spaces are designated for barrier-free, then the total width of
both spaces together shall be 20 feet if a 4 foot aisleway separates the two
spaces.
(9)
For every fifty (50) parking stalls in a parking area, there shall a barrier-free
parking stall to service a van that should be eight (8) feet in width with an
abutting eight (8) foot wide aisleway on the driver side.
3.3.3
Table 7: Parking Stall Widths and Lengths; and Aisle Specifications
Capacity of Public Parking Area (Number of
Parking Spaces)
Minimum Number of Barrier-Free Parking Spaces
(a) 1-10
0
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3.0 Parking, Loading, and Signage
(b) 11-25
1
(c) 26-50
2 [one being van accessible]
(d) 51-75
3 [one being van accessible]
(e) 76-100
4 [two being van accessible]
(f) More than 100
3% total a maximum of 10 spaces with 5 being van
accessible
Figure 10: Accessible Parking Stall and Walk Aisleway Dimensions
3.4
Parking and Storage of Boats, Recreational Vehicles and Trailers
Parking and storage of boats, recreational vehicles, trailers and similar vehicles shall be
permitted in any zone subject to the following provisions:
(1)
The regulations of this section do not apply to any recreational vehicles or trailers
parked or stored within a campground.
(2)
The regulations of this section do not apply to any boats or trailers parked or
stored within a marina, or boat sales or commercial storage, or in conjunction with
any permitted dock, boat house or boat port on the same lot.
(3)
Boats, recreational vehicles, trailers or similar vehicles shall not be parked or
stored long-term in any commercial zone, unless commercial storage or
commercial sales are permitted.
(4)
Boats, recreational vehicles, trailers or similar vehicles shall not be parked or
stored long-term in any portion of a front yard excluding lots fronting on a
navigable water way.
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(5)
Boats, recreational vehicles, trailers or similar vehicles may be parked or stored
in a garage in a residential zone.
(6)
Boats, recreational vehicles, trailers or similar vehicles shall be parked or stored
in an interior side or rear yard provided that the boat, recreational vehicle,
trailer, or similar vehicle is set back a minimum of 2 feet from any lot line, and the
line dividing the side yard from the front yard, and shall be visually buffered
from the view of a public road and abutting properties.
(7)
Any recreational vehicle or trailer shall not be occupied while parked or stored
on a residential zoned lot.
(8)
Any number of boats, recreational vehicles, trailers or similar vehicles, together
not exceeding a total length of 36 feet may be stored in an interior side or rear
yard in any residential, rural residential or rural zone, provided that the boat(s),
recreational vehicles or trailers being stored are setback a minimum of 2 feet
from any lot line and the line dividing the side or rear yard from the front yard.
(9)
Notwithstanding any other provision in this Zoning By-law, boats, recreational
vehicle and trailer storage shall be permitted in a driveway for Single Detached,
Semi-detached, Duplex and Triplex Dwellings only between May 1st and
October 31st, excluding the Corner Lot Sight Triangle Area.
3.5
Parking and Storage of Large Vehicles in Residential Zones
(1)
A maximum of one (1) large vehicle may be parked or stored in a R1, R2, or R3
zone, provided that the large vehicle has a Gross Vehicle Weight Rating (GVWR)
between 10,001 pounds and 19,500 pounds, and the large vehicle is operated by
the resident of the associated dwelling unit on the lot.
(2)
Within the Rural Residential zone, one (1) licensed motor vehicle with a maximum
gross vehicle weight rating (GVWR) of between 10,001 pounds and 33,000
pound is allowed on the lot provided that the truck:
a.
Is parked further from the public road than the front wall of the structure;
b.
Is either parked in an enclosed structure or shielded from view from
adjacent properties through the use of landscaping; and
c.
The width of the driveway, or any area dedicated to off-street parking on
the premises, shall not exceed 40 percent of the width of the front lot line.
(3)
Within the Rural Residential zone, a maximum of two (2) school buses which are
operative and currently licensed may be parked on the lot and not counted
towards the total number of vehicles allowed on the site provided that the school
bus:
a.
Is parked further from the public road than the front wall of the structure;
b.
Is either parked in an enclosed structure or shielded from view from
adjacent properties through the use of landscaping; and
c.
The width of the driveway, or any area dedicated to off-street parking on
the premises, shall not exceed 40 percent of the width of the front lot line.
3.6
Parking and Storage of Unlicensed Motor Vehicles
(1)
Unless otherwise specifically permitted in this By-law, the parking, storing or
locating of abandoned, wrecked or discarded motor vehicles; and motor vehicles
without current license plates is prohibited in residential zones, except that:
a.
Motor vehicles may be stored inside a private garage.
b.
One such vehicle may be stored in a screened area not visible from any
public road or adjacent lot.
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3.0 Parking, Loading, and Signage
c.
Seasonal vehicles, necessary for lawn care and winter maintenance are
permitted.
d.
Boats, recreational vehicles, trailers or similar vehicles as prescribed
elsewhere in this Zoning By-law.
3.7
Parking Standards for Residential Zones
(1)
Motor vehicle parking on residential zoned lots with dwelling units, except for
Apartment dwellings, must meet the following requirements:
a.
Motor vehicles may be parked on a driveway:
i.
in the front yard leading to a parking space inside an attached
garage;
ii.
in the front yard leading to a parking space in the side yard next to
the principal building leading to a parking space or detached
garage; or
iii.
In the rear yard as accessed directly from a public lane at the rear
of the dwelling.
b.
Vehicles shall not be parked on a driveway in a front yard leading to the
front of a principal building.
c.
A maximum of 2 vehicles may be parked on a driveway in the front yard
leading to a parking space in the principal building or in a side or rear
yard; or a maximum of 4 vehicles, provided they are parked in tandem.
(2)
Motor vehicle parking on residential zoned lots with Apartment dwellings must
meet the following requirements:
a.
A surface parking area having eight or more parking spaces and which is
visible from an abutting public right-of-way, the perimeter of the parking
area shall be screened from public view with an opaque fence or shrubs
(minimum mature height of 2.5 feet) planted one every 2 feet on centre in
a 3 foot wide planting bed which extends the length of the parking area
public road frontage.
b.
Where, because of conditions not conducive to good horticultural practices,
a screen planting cannot reasonably be expected to survive, the
Development Officer shall require a masonry wall, wood fence or earth
berm, or combination thereof, to be substituted for the requirements
above.
(3)
Parking spaces in R1, R2, and R3 Zones may be accessed directly from a rear
public lane, and the public lane considered as an aisleway for the parking space.
(4)
The following provisions shall apply to residential uses that are permitted in the
Residential Zones in this By-law:
a.
Driveways shall be permitted subject to other provisions of the Zoning By-law
and subject to the approval of an entrance permit application by the
Municipality.
b.
The maximum width of driveways shall be 20 feet in R1 and R2.
c.
The maximum width of any abutting shared driveways along a common lot
line shall be 30 feet.
d.
The maximum width of a driveway cannot exceed 40 percent of the lot
frontage, or 32 feet, whichever is less in the RR and R3 zones.
e.
The minimum separation distance of 50 feet shall be required between
two driveways on one lot.
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3.8
Parking Standards for Single and Semi-detached, Duplex, Triplex and
Quadplex Dwellings
(1)
The parking accessory to Single Detached, Semi-detached, Duplex and Triplex
Dwellings shall be limited to a maximum of 6 passenger vehicles, which shall be
substituted when any of the following is also parked on the site:
a.
A maximum of 1 travel trailer or 1 motor home; or 1 recreational vehicle;
and
b.
A maximum of 1 truck having a registered gross vehicle weight between
10,001 pounds and 19,500 pounds; or
c.
A maximum of 1 truck with a registered gross vehicle weight greater than
10,001 pounds and less than 33,000 pounds where permitted in the
underlying zoning.
3.9
Parking Standards for Non-Residential Zones
(1)
Motor vehicle parking non-residential zoned lots must meet the following
requirements:
a.
A parking area having eight or more parking spaces and which is visible
from an abutting fronting or flanking public right-of-way on a corner lot,
the perimeter of the parking area shall be screened from public view with
an opaque fence or shrubs (minimum mature height of 3 feet) planted one
every 2 feet on centre in a 4 foot wide planting bed which extends the
length of the parking area public road frontage or flankage except where
motor vehicles access the parking area via a driveway or rear public lane.
b.
Where, because of conditions not conducive to good horticultural practices,
a screen planting cannot reasonably be expected to survive, the
Development Officer shall require a masonry wall, wood fence or earth
berm, or combination thereof, to be substituted for the requirements
above.
c.
Parking spaces in CM Zones may be accessed directly from a rear public
lane, and the public lane considered as an aisleway for the parking space.
3.10
Outside Vehicle Display Areas
(1)
If a surface parking area is used as a vehicle display area for the exhibition,
sale, or rental of automobiles, light trucks, motorcycles, boats, recreational
vehicles, off-road vehicles, or similar items, the owner must comply with the
following additional provisions. In the event of a conflict between these provisions
and other provisions of this By-law, these provisions shall prevail:
a.
A minimum two (2) foot setback from the property line must be maintained
when abutting a public right-of-way or an adjacent property.
b.
A wheel stop must be installed with a minimum of 2.5 feet setback minimum
from the property line when abutting a public right of way. The intent is to
prevent vehicle overhang onto public right of ways or sidewalks. Bollards
can be used as an alternative, which may allow better pedestrian
circulation.
c.
All outdoor vehicle display areas that abut a Residential Zone shall be
obscured from direct view by providing a visual screen at least 4 feet in
height
d.
The size, location, screening and landscaping of the outdoor vehicular
display areas for Automotive and Minor Recreational Vehicle
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Sales/Rentals shall be subject to the approval of the Development Officer,
who shall ensure that development of the site is compatible with the
appearance of site design of surrounding developments.
3.11
Outside Storage
(1)
No rubbish, salvage materials, junk, hazardous waste materials, including
inoperable vehicles and parts thereof and any combustible matter shall be
openly stored, allowed to accumulate or kept in the open unless the underlying
zoning allows for such a use and the outside storage is screened from view from
any public roadway, and from adjacent sites, by building walls, landscape
materials, berms, fences or a combination of these.
(2)
A portion of a site or an entire site with storage of goods or vehicles outside of
enclosed structure shall be surrounded by a fence of solid opaque materials of
not less than 6.60 feet and up to a maximum height of 8.00 feet where such
property abuts or is adjacent to a residential zone when the underlying zoning
allows outside storage.
(3)
If an outside storage area is used only for outside storage, and not for
operations and maintenance related to the principal use or structure, the outside
storage area must be located to the rear of a line adjacent to and parallel with
the front wall of the principal building.
(4)
If the outside storage area is also used for operations and maintenance related
to the principal use or the structure, then the outside storage area must be
located to the rear of a line adjacent to and parallel with the rear wall of the
principal building.
(5)
Outside storage of sand, gravel, soil, or other loose aggregate is prohibited
within 300 feet of the boundary of any residential zoning district.
(6)
Outside storage areas shall be surfaced with the same or similar material of the
public right-of-way to which the outside storage area takes access from.
(7)
When outside storage areas are gravel surfaces, the gravel surface shall be
treated with bio-degradable herbicide and dust inhibitor to limit the generation
of weeds and dust, and shall be maintained thereafter to the satisfaction of the
Development Officer.
(8)
Outside storage is not permitted in any required yard setbacks.
(9)
All loading, service, garbage and recycling, outside storage areas, and
approach aprons in industrial and commercial zones shall be located to the rear
or sides of the principal building, and shall be screened from view from any
public roadway, and from adjacent sites, by building walls, landscape materials,
berms, fences or a combination of these.
(10) The size, location, screening and landscaping of the outdoor storage areas for a
principal or accessory use shall be subject to the approval of the Development
Officer, who shall ensure that development of the site is compatible with the
appearance of Site design of surrounding developments.
3.12
Outside Storage of Hazardous Uses [Dangerous Goods]
(1)
No commercial-related or industrial-related dangerous goods, including
Anhydrous Ammonia Facilities, shall be stored in significantly large quantities in a
location within the following Measurement of Distances:
a.
5,000 feet from the lot line of with any building that has under the
Manitoba Building Code or the Manitoba Fire Code, an Occupancy Class
of Group A (Division 1, 2, and 3); Group B (Division 1, 2, and 3), and
Group C.
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b.
5,000 feet from the Regional Water Treatment Plant (WTP) in Russell, and
the wells that provide the raw water;
c.
5,000 feet from the boundaries of an Urban Policy Area, Tourism Policy
Areas, Rural Residential Policy Areas, Natural Lands Policy Areas, Riding
Mountain National Park, Gamblers and Waywayseecappo First Nations
Reserves, Asessippi Provincial Park and the water bodies designated and
as defined in the Development Plan;
d.
1,640 feet from a building with habitable spaces; and
e.
300 feet from the edge of the rights-of-way of Provincial Trunk Highways,
Provincial Roads as well as all Provincial Access Roads.
(2)
In this section, the Measurement of Distances means the distance is to be
measured from:
a.
The dangerous goods storage container to the boundary of the designated
areas; or
b.
When applicable, the dangerous goods storage container to the nearest
residential, commercial, institutional or industrial building.
(3)
For sites that do not meet separation requirements above, the operators must
engage annually with the Development Officer regarding emergency
preparedness sessions, and any further expansion or enlargement shall require a
conditional use.
(4)
Notwithstanding other provisions of this by-law, all sites with the outside storage
of dangerous goods shall be encircled with a minimum 6.6 foot high chain link
fence with three strands of barbed wire, and shall provide means of emergency
egress and be locked when the site is not in use.
(5)
All sites with the storage of dangerous goods shall have some form of outdoor
security lighting.
(6)
All sites with the storage of dangerous goods must be posted with a Dangerous
Goods warning signage approximately 16 to 32 square feet in size and located
at the entrance to the storage operation that includes the following:
a.
Warn of the presence of dangerous goods.
b.
The hazard class of dangerous goods is indicated either by its class (or
division) number or name.
c.
24 hour contact for the company.
d.
24 hour contact for emergency services.
e.
Nearest Location of a publicly available phone.
3.13
Loading Space Requirements
(1)
Any non-residential use or building, shall provide and maintain on the same lot as
the permitted use, facilities comprised of one (1) or more off-road loading spaces
in accordance with the provisions outlined in this Section and in Table 8.
3.13.1
Table 8: Required Loading Spaces
Use
Minimum Number of Loading
Spaces Required
All Non-Residential Uses (Gross
(a) 0 - 10,000 ft2
0
(b) 10,001 - 25,000 ft2
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3.0 Parking, Loading, and Signage
Floor Area)
(c) 25,001 - 80,000 ft2
2
(d) Over 80,001 ft2
3
3.13.2
Loading Space Regulations
(1)
All loading spaces shall be designed, constructed and maintained in accordance
with the following provisions:
a.
Each loading space shall have a minimum width of 10 feet, a minimum
length of 30 feet and a minimum vertical clearance of 14 feet, and each
space shall be visibly designated and marked.
b.
Driveways used for ingress and egress shall be clearly marked.
c.
Loading spaces shall not be located within any required front or exterior
side yards, and shall not overlap with any required parking spaces, drive
ways, or aiselways.
d.
Where a loading space is located in any yard abutting a residential zone,
the loading space(s) must be screened from the roadway or the residential
zone by an opaque fence or hedgerow of at least 6.5 feet in height,
except within the corner sight triangle area.
3.14
Surfacing of Parking and Loading Areas
(1)
All accessory off-street parking and loading areas, including the entrances and
exits, aisleways and maneuvering areas, shall be maintained with a stable hard
surface, such as crushed stone, gravel, crushed brick or tile, cinders, paving stones,
asphalt or concrete.
(2)
Off-street parking and loading spaces provided in front of the principal building
shall have the same or similar hard surfacing as the abutting public right-of-way
the site abuts.
(3)
Off-street parking when a Parking Lot, shall have the same or similar hard
surfacing as the abutting public right-of-way the site abuts.
(4)
When off-street parking and loading spaces are gravel surfaces, the gravel
surface shall be treated with biodegradable herbicide and dust inhibitor to limit
the generation of weeds and dust, and shall be maintained thereafter to the
satisfaction of the Development Officer.
3.15
Drive-Through Facility
(1)
Where a drive-through facility is allowed, off-street motor vehicle queuing
spaces must be provided for that drive-through facility leading both to and from
each service bay, window, kiosk or booth for the uses specified and at the rate
set out in Table 9.
(2)
All drive through facilities and queuing spaces shall be designed, constructed and
maintained in accordance with Table 9 and the following provisions:
a.
Each queuing space shall be a minimum of 10 feet in width and 18 feet in
length.
b.
No queuing line, drive-through window or order board may be located
within 10 feet of any lot line abutting a residential zone.
c.
Where a queuing line, drive-through window or order board is located 10
feet or more from a residential zone, but is still within a yard abutting a
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residential zone, it must be screened from view from that residential zone
by an opaque screen of fencing or hedges with a minimum height of 5
feet.
3.15.1
Table 9: Required Loading Spaces
Use
Minimum Queuing Space
Measured From
(a) Car Wash -Automatic
3
2 before the entrance to wash, plus
one between vehicle exit from each
bay and the point of vehicle egress to
the public road
(b) Car Wash - Self Service
2 per bay
One before the entrance to each bay,
plus one between vehicle exit from
each bay and the point of vehicular
egress to the public road
(c) Finance and Insurance with
automated
teller
machine
(ATM)
3 before each ATM // One
after each ATM
Teller window or ATM
(d) Restaurant with drive-through facility
6 per order line
3 before order box
3 between order box and pick-up
window
(e) Other uses with accessory
drive-through facility
2
Pick-Up Window
3.16
Signage Regulations
The following provisions shall apply to all signs erected or maintained within the area covered
by this Zoning By-law, except wherein otherwise stated:
(1)
Signs and sign structures may be allowed as accessory uses in accordance with
Table 10.
(2)
All signs shall comply with the minimum yard setback requirements for accessory
signs as provide in this Zoning By-law for the zoning district in which the signs are
to be located or erected.
(3)
Billboards and other signs directing attention to a business, commodity or
message offered elsewhere than upon the same zoning lot on which that sign is
located may only be allowed in zones where Advertising Signs are allowed. Such
signs must also be constructed in accordance with Table 9, and subject to the
issuance of a development permit.
(4)
No sign or sign structure shall be erected at any location where it may interfere
with or obstruct the view of any public road, intersection or railroad grade
crossing, or be confused with any authorized traffic sign, signal or device. No
rotating beam, beacon or flashing illumination resembling an emergency light
shall be used in connection with any sign display.
(5)
No sign may contain flashing lights or digital images unless specifically allowed
in Table 10. All signs with flashing lights or digital images are prohibited within
100 feet of Residential Zones.
(6)
No sign or sign structure shall be erected or maintained on, over or above any
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3.0 Parking, Loading, and Signage
land belonging to the Municipality without a development permit, unless
expressly permitted in this Zoning By-law and in accordance with the conditions
of such permission as set out in this Zoning By-law.
(7)
The placing of signs within the controlled areas of a Provincial Road or Provincial
Trunk Highway shall require a permit from the applicable provincial authority.
(8)
All signs and sign structures shall be kept in good repair and in a proper state of
preservation.
(9)
All signs and sign structures shall be conditional uses in the CM Zone.
Abandoned Signs
(10) Signs which have become obsolete because of discontinuance of the operation or
activity or are not maintained in good condition or repair or have become
abandoned signs, shall be repaired, removed or relocated within 30 days
following notice by the Development Officer.
(11) No sign shall obstruct a require parking space, or impedes any fire escape, fire
exit, functional door, false door, functional window, false window, scuttle, skylight,
flue or air intake or exhaust so as to prevent or impede the free access of
emergency personnel to any part of premises including fire department Siamese
connections and fire hydrants.
3.16.1
Signs Not Requiring a Development Permit
The following signs shall not require a development permit. However, they must still comply
with any applicable standards in this By-law:
(1)
Signs posted by duly constituted public authorities in the performance of their
public duties.
(2)
Identification signs for Place of Worship, Elementary and Secondary Schools,
Community Centre, Child Day-Care Services, Community Gardens and Waste
Disposal Grounds that do not exceed 32 square feet per site.
(3)
Flags or emblems of a national, provincial, political, civic, educational or religious
organization, or government.
(4)
Commemorative or memorial signs, tablets, or cairns.
(5)
Public information signs.
(6)
Temporary signs not erected for not more than 30 consecutive days that are non-
illuminated and less than 32 square feet include: community special events, public
information signs, real estate signs, construction signs, garage sale signs and
similar located, erected or displayed with the consent of the property owner.
(7)
Election signs during Federal, Provincial, Municipal, and School Board election
periods and up to 7 days after the election date.
(8)
Window signs, unless such signs occupy more than 50 per cent of a window
surface (calculated between mullions) on any facade of the principal building in
which case they are treated like a fascia sign.
(9)
Mural signs.
(10) Awning signs with signage incorporated in the design or awning material.
(11) Residential on-site identification signs [Building Address Sign] or warning signs
(such as "Private Property" signs and similar) not exceeding two (2) square feet
each in surface area.
(12) Signs as regulated and provided under Home Enterprises that identify a home
occupation or a home based business on a private property or premises.
(13) Signs required for direction and convenience of the public, including signs identifying
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restrooms, parking entrances, loading areas not exceeding 5 feet in sign surface
area to a maximum 6 feet above the curb or grade.
(14) Warning signs for Dangerous Goods provided the sign surface area does not
exceed 32 square feet.
3.16.2
Accessory Signs
(1)
The owner may erect and maintain accessory signs, except billboards, to all sites
and uses other than residential zones and the TRA Zone subject to the following
standards:
Location
(2)
Each free-standing accessory sign must be set back from each side lot line of an
adjoining use a distance equal to at least 50 percent of the height of that sign;
setback from the front lot line to at least 50 percent of the height of that sign;
and shall not project into the required setback for corner lot triangles and
Setbacks for Commercial or Industrial Near Residential Land-Uses.
Roof Signs
(3)
Roof signs, other than signs on mansard style roofs, are not permitted. On
mansard roofs, roof signs may be attached to the sloping portions of the roof,
but must not extend beyond the parapet height, and must not be located on the
horizontal portion of the roof.
Fascia Signs
(4)
Fascia signs may have an emblem, logo, or other unique features projecting
above the building wall if the sign projection is not more than 2 feet above the
building wall or parapet wall and the total projection does not exceed 25
square feet. The area of the projection must be counted towards the total sign
area allowed.
Freestanding Signs
(5)
Up to 10 percent of the maximum permitted sign area of any freestanding sign
may be installed on the support structure for the sign face.
Projecting Signs
(6)
The minimum height above-grade to the bottom edge of projecting signs must be
9 feet.
Billboard Poster Signs
(7)
A billboard poster sign must not face an abutting or adjacent residential use
unless the billboard sign is not visible from the abutting or adjacent residential
use.
(8)
If the billboard poster sign is attached to a building or is free standing within 5
feet of a building, the maximum permitted height of the billboard sign is the
height of the building wall.
(9)
The maximum height of a billboard poster sign shall be 30 feet and the
maximum sign surface area shall be 200 square feet.
(10) A billboard poster sign is not considered in the calculations of Permitted Surface
Area per Zoning Lot for freestanding signs.
District-Specific Regulations
(11) All signs, accessory to any use, must be consistent with the standards shown in
Table 10, the first column indicates a zoning district or districts. The second column
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3.0 Parking, Loading, and Signage
indicates the sign type. The third and fourth columns indicate dimensional
requirements for each sign type. Signs must comply with all dimensional
standards applicable to the zoning district where the property is located. Signs
are not permitted for zones or land-uses not included in Table 10 unless provided
for elsewhere in this By-law.
Signs Attached to Building
(12) Signs "attached to buildings" include fascia signs, projecting signs, awning signs,
marquee signs, and canopy signs.
(13) Signs Attached to Building Sign surface area is calculated as follows:
a.
Sign surface area includes the entire area of the smallest rectangle that
encloses the extreme limits of any writing, representation or emblem
forming part of the display, and also includes 10 percent of the area of
the wall outside of that rectangle where a colour or material is applied
that is a colour or material in that fascia sign.
b.
Sign surface area does not include non-illuminated signs visible through
windows in the building facade, provided that such signs do not exceed 30
percent of the glazed surface on any facade of the building. Allowable
window signage is not transferable to the glazed surface on another
facade of the building.
c.
In calculating wall area for purposes of determining maximum sign surface
area, only the first storey or 15 feet (whichever is lower) of the building
may be used. Allowable sign surface area is not transferable to another
wall.
Free-Standing and Mobile Signs
(14) Sign surface area is calculated as follows for free-standing and mobile signs:
a.
Sign surface area includes the entire area of the smallest rectangle that
encloses the extreme limits of any writing or symbol, background colour or
material, and any embellishment of the supporting structure forming part
of the display; and
b.
Sign surface area includes the total area of all faces exhibited or intended
for display, except where two faces are parallel and located back-to-
back, sign surface area includes the area of only one such face, and if the
two parallel, back-to-back faces are not equal, then the sign surface area
is the larger of such faces.
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3.16.3
Table 10: District Specific Sign Regulations
Zone
Type
Maximum
Height
Permitted Surface
Area Per Zoning
Lot
Requirements
AO
Free-Standing
25 feet above
grade
128 ft2
Wall Sign
Wall Height
Maximum 25% of
building wall
Must not project more than 6.5 feet from the
wall to which the sign is affixed
AE, EH
Free-Standing
25 feet above
grade
323 ft2.
Not permitted in a required yard abutting an
R1, R2, R3 zone
Wall Sign
Wall Height
Maximum 25% of
building wall
Must not project more than 6.5 feet from the
wall to which the sign is affixed
OS, IN
Free-Standing
20 feet above
grade
96 ft2
Digital Reader
Board
20 feet above
grade.
16 ft2
Allowed only for elementary and secondary
schools, community centres, golf courses, places
of worship, Hospitals, Stadiums/ Arenas, and
civic buildings
Must be turned off from
10:00 pm to 7:00 am every day of the week
Must utilize automatic dimming.
May be added to a 96 square foot Free
Standing Sign
Wall Sign
Wall Height
Maximum 25% of
building wall
Must not project more than 6.5 feet from the
wall to which the sign is affixed
OS, IN
Inflatable
18 feet maximum
height from grade
Only one inflatable sign shall be permitted per
site
Only allowed as a temporary sign that may be
displayed for no more than 15 days within a
6 month period
Must be setback 3 feet from front line, 15 feet
from corner site lines, and 10 feet from
driveway entrances
CM
Free-Standing
8 feet above
grade
48 ft2 maximum
Wall Sign
Wall Height
10% of building wall
to a maximum of
323 ft2
Must not project more than 5 ft from the wall
to which the sign is affixed
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3.0 Parking, Loading, and Signage
Zone
Type
Maximum
Height
Permitted Surface
Area Per Zoning
Lot
Requirements
CH
Free-Standing
35 feet above
grade
323 ft2
Maximum of one sign per lot
Wall Sign
Wall Height
Maximum 25% of
building wall
Must not project more than
6.5 feet from the wall to which the sign is
affixed
Mobile Sign
10 feet above
grade
48 ft2 maximum
area for a single
face
Must not include any flashing lights including
digital
Maximum of one sign per lot
Only allowed to occupy one parking space
where there is no practical alternative
Erected for not more than 30 days during each
calendar year unless extended for an additional
30 days with a Conditional Use
Must be setback 3 feet from front line, 15 feet
from corner site lines, and 10 feet from
driveway entrances
Inflatable
18 feet maximum
height from grade
Only one inflatable sign shall be permitted per
site
Only allowed as a temporary sign that may be
displayed for no more than 15 days within a 6
month period
Must be setback 3 feet from front line, 15 feet
from corner site lines, and 10 feet from
driveway entrances
Billboard Poster
Signs
30 feet maximum
height from grade
Maximum sign
surface area shall
be 200 ft2
A billboard poster sign must not face an
abutting or adjacent residential use unless the
billboard sign is not visible from the abutting
or adjacent residential use
EL, EA
Free-Standing
8 feet above
grade
1.25 ft2 per foot of
frontage
to
a
maximum 323 ft2
Not permitted in a required yard abutting an
R1, R2, R3 zone
Wall Sign
Wall Height
Maximum 25% of
building wall
Must not project more than 6.5 feet from the
wall to which the sign is affixed
TRM
Free-Standing
8 feet above
grade
48 ft2 maximum area
for a single face
Wall Sign
Wall Height
Maximum 25% of
building wall
Must not project more than 5 feet from the wall
to which the sign is affixed
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3.16.4
Building Address Sign
This section shall not apply to agricultural operations except for single detached dwellings
associated with agricultural operations:
(1)
The address, unit number of every building (and the name of the building, if
applicable), or a lot and block number, shall be physically attached to the
building or otherwise posted on the subject property on which the building is
located, so as to be clearly visible from the public road or private road on which
the building is located. The address and unit number of every building (and the
name of the building, if applicable), or a lot and block number shall not be
included in any calculations regulating sign surface areas.
(2)
Where a building is in a location that results in its number or name not being
clearly visible from the public road or private road on which it is located, the
number and name must be both attached to the building and displayed in
another form that is clearly visible from the pubic road or private road.
(3)
Where more than one building is located on a subject property, the requirement
that the numbers and names be displayed in another form that is clearly visible
from the public road or private road may be met by displaying the range of
building numbers and names on that lot on signage to be approved by the
Development Officer.
(4)
The building numbers and names required to be attached or displayed by this
By-law must be of a colour that contrasts with the colour of the structure to which
they are attached so as to be clearly visible from the public road or private
road on which the building is located and of a height as determined by and to
the satisfaction of the Development Officer.
(5)
Other numbers or names attached to any buildings on the properties that could
be confused with the address numbers or building names should not occur.
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4.0 Provisions for Infill Residential Housing
4.0 Provisions for Infill Residential Housing
4.1
Accessory Dwelling Units
An Accessory Dwelling Unit (ADU) is a second dwelling unit created on a lot with a single
detached dwelling. The second unit is created auxiliary to, and is smaller than, the main
dwelling. ADUs can be created in a variety of ways, including conversion of a portion of an
existing single detached dwelling, addition to an existing single detached dwelling, conversion
of a portion of an existing garage, conversion of an existing garage or the construction of an
entirely new detached accessory building.
4.1.1
Requirements For All Accessory Dwelling Units
(1)
All accessory dwelling units must meet the following:
a.
Location of entrances. Only one entrance may be located on the facade
of the single detached dwelling facing the fronting public road, unless the
single detached dwelling contained additional entrances before the
accessory dwelling unit was created. An exception to this regulation is
entrances that do not have access from the ground such as entrances from
balconies or decks; and entrances that faces a flanking public road on a
corner lot. Detached accessory dwelling units are exempt from this
standard.
b.
Parking. No additional parking spaces are required for the accessory
dwelling unit. Existing required parking for the single detached dwelling
must be maintained or replaced on-site.
c.
The minimum livable floor area for Accessory Dwelling Units shall not be
less than 320 square feet.
d.
Only one of a Secondary Suite, a Garage Suite or Garden Suite may be
developed in conjunction with a principal dwelling.
e.
Shall not be subject to separation from the principal dwelling through a
condominium conversion or subdivision.
(2)
Accessory dwelling units shall not be included in the calculation of densities in this
By-law.
4.1.2
Secondary Suites
An accessory dwelling unit may be constructed within and accessory to a Single Detached
dwelling, including an attached garage, subject to the following standards:
(1)
The maximum livable floor area of the Secondary Suite shall be as follows:
a.
Where a Secondary Suite is located completely below the first storey of a
Single Detached Dwelling (other than stairways or a common landing), the
below grade floor area (excluding the area covered by stairways) shall
not exceed the ground floor area of the associated principal dwelling.
b.
Where a Secondary Suite is developed completely or partially above
grade, the livable floor area (excluding the area covered by stairways)
shall not exceed 40 percent of the gross floor area of the building
containing the associated principal Dwelling, nor 800 square feet
whichever is the lesser.
(2)
Must have an entrance separate from the entrance to the principal dwelling,
either from a common indoor landing, or directly from the side or rear of the
structure.
4.1.3
Garage Suites
An Accessory Dwelling Unit may be constructed above a detached Garage (above grade);
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or a single-storey attached to the side or rear of, a detached Garage (at-grade) that is
accessory to a Single Detached dwelling, subject to the following standards:
(1)
The maximum livable floor area of the Garage Suites shall be as follows:
a.
Where above a detached Garage, the livable floor area (excluding the
area covered by stairways) shall not exceed 640 square feet.
b.
Where attached to the side or rear of a detached Garage, the livable
floor area (excluding the area covered by stairways) shall not exceed
530 square feet.
(2)
Must be located behind the rear wall of the principal building. For the purpose of
this regulation, the rear wall of the principal building is the wall furthest from the
wall with the facade facing the public road.
(3)
Detached accessory buildings with Garage Suites must meet the development
standards for detached accessory structures in this By-law, except the above
grade Garage Suites may be in an accessory building with a maximum height of
22 feet.
(4)
Roof top decks and balconies, shall be allowed as part of a Garage Suite
developed above a detached Garage only where the deck or balcony faces a
lane or a flanking public road.
(5)
Windows contained within the Garage Suite portion of the detached Garage
shall be placed and sized such that they minimize overlook into yards and
windows of abutting properties through one or more of the following:
a.
Off-setting window placement to limit direct views of abutting rear or side
yard amenity spaces, or direct view into a dwelling unit window on an
abutting site;
b.
Strategic placement of windows in conjunction with landscaping or the
placement of other accessory buildings; and
c.
Placing larger windows such as living room windows, to face a lane, a
flanking public road, or the larger of any side yard abutting another
property.
(6)
Must have an entrance separate from the motor vehicle entrance to the detached
garage, either from a common indoor landing or directly from the exterior of the
structure.
(7)
Site Plan Approval shall be required by the Development Officer and the Board,
prior to the issuance of any building or development permits, for the on-site
locations and designs of accessory parking areas, private approaches, garbage
areas, fencing, landscaping, signage, and exterior finishing materials for the
construction of principal buildings and detached accessory buildings and
structures, all of which shall be maintained to the satisfaction of the Development
Officer.
4.1.4
Garden Suites
An Accessory Dwelling Unit may be located in a detached accessory structure to a Single
Detached Dwelling, subject to the following standards:
(1)
The maximum livable floor area of the Garden Suite shall be 530 square feet.
(2)
Must be located behind the rear wall of the principal building. For the purpose of
this regulation, the rear wall of the principal building is the wall furthest from the
wall with the facade facing the fronting public road.
(3)
Detached accessory buildings with Garden Suites must meet the development
standards for detached accessory structures in this By-law.
(4)
Windows contained within the Garden Suite shall be placed and sized such that
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they minimize overlook into yards and windows of abutting properties through
one or more of the following:
a.
Off-setting window placement to limit direct views of abutting rear or side
yard amenity spaces, or direct view into a dwelling unit window on an
abutting site;
b.
Strategic placement of windows in conjunction with landscaping or the
placement of other accessory buildings; and
c.
Placing larger windows such as living room windows, to face a lane, a
flanking public road, or the larger of any side yard abutting another
property.
(5)
Site Plan Approval shall be required by the Development Officer and the Board,
prior to the issuance of any building or development permits, for the on-site
locations and designs of accessory parking areas, private approaches, garbage
areas, fencing, landscaping, signage, and exterior finishing materials for the
construction of principal buildings and detached accessory buildings and
structures, all of which shall be maintained to the satisfaction of the Development
Officer.
4.2
Conversion of Residential Buildings
(1)
Converted dwellings may be allowed to be created from a single detached
dwelling in the R1 zone into a Semi-detached dwellings, Duplex dwellings,
Triplex dwellings; or in the R2 zones zone into Duplex dwellings, Triplex
dwellings, Multiple attached dwelling, Stacked dwelling, Rooming and Boarding
Houses, or Community Care Facilities subject to the following:
a.
The single detached dwelling shall have existed prior to the passing of this
By-law.
b.
Shall be subject to the provisions of the bulk standards of the underlying
zoning district for dwelling types and the parking requirements.
c.
Shall only be located on a corner lot with direct access to a rear public
lane for parking subject to the requirements of the section on Dwellings on
Corner Lots.
d.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.3
Dwellings on Corner Lots
(1)
Semi-detached dwellings, Duplex dwellings, and Triplex dwellings may be
allowed in R1 on corner lots subject to the following:
a.
Corner lots should have, where possible, two active frontages that provide
opportunities to have entrances on both sides.
b.
Each dwelling unit shall have a minimum livable floor area of at least 800
square feet.
c.
The building's parking area should have direct access to a rear public lane
from which parking stalls can be directly accessed.
d.
The parking area shall have a minimum interior side yard of 2 feet, and a
minimum exterior side yard of 4 feet that shall provide screening such as a
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fence or hedge a minimum of 3 feet in height.
e.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
(2)
Semi-detached dwellings, Duplex dwellings, Triplex dwellings, Multiple
attached dwelling, Stacked dwelling, Rooming and Boarding Houses, and
Community Care Facilities may be allowed in R2 zones on corner lots subject to
the following:
a.
Corner lots should have, where possible, two active frontages that provide
opportunities to have entrances on both sides.
b.
Each dwelling unit shall have a minimum livable floor area of at least 800
square feet.
c.
The building's parking area should have direct access to a rear public lane
from which parking stalls can be directly accessed.
d.
The parking area shall have a minimum interior side yard of 2 feet, and a
minimum exterior side yard of 4 feet that shall provide screening such as a
fence or hedge a minimum of 3 feet in height.
e.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.4
Rooming and Boarding Houses
Rooming and Boarding Houses shall comply with the following regulations:
(1)
The maximum occupancy shall be 6 residents.
(2)
Shall be developed as either a purpose-built freestanding structure, part of an
Apartment dwelling development, or Single Detached dwelling converted for
this purpose subject to the provisions of the Conversion of Residential Buildings.
(3)
Shall only be located in a Zone where Rooming and Boarding Houses are
allowed,
(4)
Shall require all units operated by a single provider when a Duplex dwelling,
Semi-detached dwelling or Triplex dwelling is converted for the purpose of
Rooming and Boarding Houses.
(5)
Sleeping Units shall be limited in food preparation facilities to bar fridge, mini-
sink, and microwave.
(6)
No Home Enterprises, Secondary Suite, or Garage Suite shall be permitted as
part of a Rooming and Boarding Houses development or on the Site of such
development.
(7)
Where a Rooming and Boarding Houses is designed as a freestanding structure
it shall be of a size, scale, and outward appearance that is typical of surrounding
area subject to:
a.
Site Plan Approval shall be required by the Development Officer and the
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Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.5
Community Care Facilities shall comply with the following regulations:
(1)
The maximum occupancy shall be 4 residents in the R2 Zone for Community Care
Facilities.
(2)
Shall be developed as either a purpose-built freestanding structure or a Single
Detached Dwelling converted for this purpose subject to the provisions of the
Conversion of Residential Buildings.
(3)
No Home Enterprises, Secondary Suite, or Garage Suite shall be permitted as
part of the development or on the Site of such development.
(4)
Where a Community Care Facilities is designed as a freestanding structure it shall
be of a size, scale, and outward appearance that is typical of surrounding area
subject to:
a.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.6
Flag Lots
(1)
The creation of new flag lots is prohibited unless:
a.
The lands proposed for flag lot access are located in a cottage or
residential zoning district;
b.
The proposed flag lots abuts and is behind an interior lot as a flag lot
shall not abut another flag lot;
c.
The proposed flag lot has access to a navigable waterway or a public
right-of-way; or
d.
The Development Officer determines that there is no feasible alternative
way to provide access to such lands for the following instances:
i.
when reasonably necessary to eliminate access onto thoroughfares;
ii.
when necessary to make reasonable use of parcels with severe
topography or other physical constraints;
iii.
when a flag lot would provide greater protection of natural
resources areas (e.g. streams); or
iv.
when necessary to accommodate the function of hiding or concealing
utility buildings/substation, or radio, television of communication
towers.
(2)
Approved flag lots are subject to the following requirements:
a.
The flagpole portion that is the access corridor of the lot shall not be built
upon with a structure, or used to calculate lot area, lot width, lot depth, lot
coverage or building setbacks, and the flagpole portion may not be used
to provide off-street parking.
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b.
The minimum width of the strip of land used to provide the access corridor
to the buildable portion of the flag lot shall be 18 feet with a minimum of
3 feet of landscaping on either side of a driveway that is a minimum of 10
feet in width.
c.
The access corridor to the buildable portion of the flag lot shall not exceed
300 feet in length.
d.
A common driveway for all dwelling units shall be encouraged with the
preferred location for the driveway on the flagpole portion of the flag lot,
with the interior lot granted a cross access easement over the flagpole.
e.
The flag pole must be part of the flag lot, connect to a public road and be
under the same ownership as the flag portion of the lot. Access easements to
allow for use of the pole by another lot may be required.
f.
Adequate vehicle turn-around space on the flag portion of the lot shall be
provided to discourage vehicles from backing out from the site.
g.
Within the access corridor on the pole portion of the lot, the owner must
erect and maintain a property address sign for the dwelling on the flag
portion of the lot, said address sign meeting the standards of this By-law
for building addresses.
4.7
Splitting Attached Dwellings on to Separate Lots
(1)
The owner of a lot that has a Semi-Detached Dwelling or a Multiple Attached
Dwelling may split the lot to allow each dwelling unit on its own lot provided
that:
a.
The new lot line must be a straight line between the front and rear lot lines,
located in such a manner that the party wall of the semi-detached
dwellings and any applicable accessory structure must form part of the
new lot line, and where the new lot line is unable to form a straight line
due to the irregular shape of the lot or the structure, the location of that
new lot line must be determined by the conditions of any subdivision
approval issued.
b.
Each of the lots created must have frontage on a public road.
c.
The permitted use of each lot created must be for a semi-detached
dwelling unit and permitted accessory uses and structures only.
d.
Each lot created must provide one parking space with access to this
required parking space being directly from either a public lane or a public
road; however, the parking space must not be in the front yard leading to
the front of the principal structure.
e.
Any parking in a side yard shall be accommodated in side yard with a
minimum width of 10 feet.
f.
Each lot created must provide the required side yard setbacks for the
underlying zoning district minimum setback requirements; except that the
minimum side yard setback along the new lot line that falls along the party
wall may be 0 feet.
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Figure 11: Splitting Semi-detached Dwellings On To Separate Lots
Figure 12: Splitting Multiple Attached Dwellings On To Separate Lots
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4.8
Bungalow Clusters
(1)
May include Single Detached Dwellings, Semi-detached Dwellings, and
Multiple Attached Dwellings, Mobile Homes, and Mobile Units organized
around a private green open space on lands zoned R3.
(2)
The minimum spatial separation between detached dwellings as measured from
building face to building face shall be 4 feet, unless the detached dwellings are
semi-detached and sharing a common party wall.
(3)
The minimum spatial separation between the front wall of the detached dwellings
and the common element that contains the open green space shall be 3 feet.
(4)
The minimum width of the common open green space shall be 15 feet.
(5)
Zoning provisions for building setbacks to lot lines shall apply only to the external
lot lines of the overall plan of condominium, not to internal lot lines resulting from
the registration of any phase of a plan of condominium.
Figure 13: Bungalow Cluster
4.9
Bungalow Courts
(1)
May include Single Detached Dwellings, Semi-detached Dwellings, Multiple
Attached Dwellings, Mobile Homes, and Mobile Units organized around a
private lane on lands zoned R3.
(2)
The roadway surface of the private lane must be hard surfaced with concrete,
asphalt, or paving stone, or a combination of those materials.
(3)
The roadway surface of the private lane must be at least 20 feet wide for two-
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way traffic and 12 feet for one-way traffic.
(4)
The common area surrounded by the roadway surface must be at least 5 feet
wide on each side.
(5)
Individual driveways leading from a shared private lane to each dwelling unit
must be at least 20 feet long, as measured between the front of the garage or
carport and the closest pavement edge of the shared private lane.
(6)
The design of the private lane must permit a passenger motor vehicle to back out
of an individual driveway and turn 90 degrees.
(7)
Motor vehicle may not be parked on a driveway in a front of a detached
dwelling.
(8)
The minimum spatial separation between detached dwellings as measured from
building face to building face shall be 6 feet, unless the detached dwellings are
semi-detached and sharing a common party wall.
(9)
The minimum spatial separation between the front wall of the detached dwellings
and the common element that contains the roadway shall be
5 feet.
(10) Zoning provisions for building setbacks to lot lines shall apply only to the external
lot lines of the overall plan of condominium, not to internal lot lines resulting from
the registration of any phase of a plan of condominium.
Figure 14: Bungalow Court
4.10
Dwelling Unit, Live Work
(1)
The dwelling and work components of the Live Work Unit shall not be legally
separated through a subdivision or condominium conversion.
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(2)
The dwelling associated with a Live Work Unit shall not contain a Home
Enterprise.
(3)
There may be internal access between the dwelling and the work components of
the Live Work Unit
(4)
For Live Work Units located at grade, the Live Work Unit shall contribute to the
pedestrian-oriented character of the street or immediate area with an active
frontage.
(5)
Neither the Dwelling nor the work component of the Live Work Unit shall be less
than 25 percent of the total floor space of the Live Work Unit.
4.11
Dwelling Units, Commercial Zones
(1)
Residential dwelling units are permitted in all Commercial Zones with the
following provisions:
a.
Dwelling units shall only be located above or to the rear, but within the
same building, of one or more permitted commercial uses that occupy the
first floor of the principal building.
b.
Shall have bathroom and kitchen facilities that are separate from the non-
residential use.
c.
Shall have a building entrance that is separate from the non-residential
use unless a Live Work Unit.
d.
In the CH Zone, the dwelling unit may be detached from the principal
building such as a Garage Suite, Garden Suite, Mobile Home or Mobile
Unit.
e.
In one-storey buildings, residential dwelling units are permitted, provided
that:
i.
Commercial uses occupy the front of the building;
ii.
Each permitted dwelling unit shall have a minimum livable floor area
of 400 square feet; and
iii.
Livable floor areas comprise no more than 40 percent of the gross
floor area of the building.
f.
Shall contribute to the pedestrian-oriented character of the public road,
the immediate area, or the high visibility of the highway with an active
frontage.
g.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.12
Dwelling Units, Industrial and Institutional Zones
(1)
A maximum of one dwelling unit shall be permitted all Industrial and
Institutional Zones as an accessory use to any permitted use with the following
provisions:
a.
The dwelling unit must be occupied by on-site workers, the business owner,
caretaker, security guard or similar employee(s).
b.
Shall have bathroom and kitchen facilities that are separate from the non-
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residential use.
c.
Shall have a building entrance that is separate from the non-residential
use unless a Live Work Unit.
d.
May be detached from the principal building such as a Garage Suite,
Garden Suite, Mobile Home or Mobile Unit.
e.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.13
Dwelling Units, Agriculture Enterprise Zones
(1)
A maximum of one dwelling unit shall be permitted as an accessory use to any
permitted use in the Agricultural Enterprise Zones with the following provisions:
a.
The dwelling unit must be occupied by on-site workers, the business owner,
caretaker, security guard or similar employee(s).
b.
Shall have bathroom and kitchen facilities that are separate from the non-
residential use.
c.
Shall have a building entrance that is separate from the non-residential
use.
d.
May be detached from the principal building such as a Garage Suite,
Garden Suite, Mobile Home or Mobile Unit.
e.
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.14
Mobile Homes and Mobile Units
(1)
No person shall use lands zoned land R2, or TRC for the purpose of permanently
erecting or placing thereon a mobile unit or mobile home: a portable dwelling
unit that is designed or used for residential occupancy, built upon or having a
frame or chassis to which wheels may be attached for transportation purposes,
whether or not such structure actually has at any time such wheels, or is jacked up
or skirted.
(2)
Mobile home or mobile units may be allowed as dwelling units and a principle
structure on lands zoned R1 or R3 in Bungalow Clusters and Bungalow Courts;
as dwelling units as an Accessory Dwelling in lands zoned AO, AE, EA, IN, and
EH; or as a temporary building or structure.
4.15
Not Considered Dwelling Unit
(1)
No truck, bus, shipping container, coach or other vehicle, whether or not the same
is maintained on wheels, shall not be used for habitation as a dwelling unit either
as an accessory dwelling unit or a principal dwelling unit on residentially zoned
land.
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5.0 Zoning Lands and Land-Uses
5.1
Classification of Uses
(1)
The list of land-uses in this By-law is not exhaustive, nor is it intended to be
exhaustive. New types of land-uses will develop and forms of land-uses not
anticipated may seek to locate in the Planning Area. Any person may apply to
the Development Officer for an interpretation as to whether a proposed land-use
falls within any of the land-use categories or use types in this By-law, and, if so,
which one. The North American Industry Classification System (NAICS) Canada
should provide a valuable resource in determining land-uses into classes and
zones since version (2017 V 2.0) was used extensively to define each of the land-
uses.
(2)
The Development Officer must provide the interpretation in writing, and shall
take into account the nature of the proposed land-use and its potential impacts,
including but not limited to: whether it involves dwelling units, sales; processing,
type of product, storage and amount, and nature thereof; enclosed or open
storage; anticipated employment; transportation requirements; excessive noise,
odour, fumes, dust, toxic material, and vibration likely to be generated; and the
general requirements for public services.
(3)
The Development Officer shall have the authority to provide an interpretation of
a land-use but shall not have the authority to add a new permitted or conditional
use to this By-law without the appropriate public hearing for an amendment to
the text of this By-law.
(4)
An appeal of the Development Officer's interpretation may be made to the
Board.
5.2
Land-Use Lexicon: Uses of Land Defined
The North American Industry Classification System (NAICS) was jointly created by the Canadian, US,
and Mexican governments to ensure common analysis across all three countries. The NAICS is used
extensively to define and classify land-uses in this By-law. The following are the land-uses that are
classified into the zoning districts in this By-Law:
Aggregate means a quarry mineral that is used solely for construction purposes or as a
constituent of concrete other than in the manufacture of cement and includes sand, gravel, clay,
crushed stone, and crushed rock.
Aggregate quarry means a quarry from which aggregate is produced.
Agri-Business means establishments primarily engaged in providing goods and services to
Agriculture Operations including:
(a)
Wholesaling merchandise, generally without transformation, and rendering services
incidental to the sale of merchandise that includes mainly land-uses under 'Agricultural
supplies merchant wholesalers' includes:
-
Agricultural feed merchant wholesalers
-
Seed merchant wholesalers
-
Agricultural chemical and other farm supplies merchant wholesalers
-
Storage and distribution of fertilizers such as retailers of anhydrous ammonia
(b)
Retailing fuels (except heating oil and liquefied petroleum gas) via direct selling in
large quantities or to large vehicles [Bulk Fuel Sales Depot].
(c)
Storage of petroleum products or other flammable liquids legally stored within a
structure or establishment [Bulk Fuel Storage].
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(d)
Support activities for crop production includes:
-
Agricultural product sterilization service
-
Crop dusting and spraying service, with or without fertilizing
-
Crop harvesting service
-
Crop planting or seeding services
-
Farm labour contractors
-
Farm management service (crop production)
-
Farm product (crop) sorting, grading or packing service (for the grower)
-
Fertilizer application service
-
Fruit picking service, hand (e.g., apple, strawberry, blueberry, cherry)
-
Grain drying service
-
Soil preparation services (e.g., hoeing, ploughing, rototilling, weeding), agricultural
-
Threshing service, agricultural crop and plant
(e)
Support activities for animal production includes:
-
Artificial insemination services, animal specialties and livestock
-
Breeding services for livestock
-
Cattle registration service
-
Farriers (horseshoeing)
-
Horses, boarding (except racehorses)
-
Milk testing for butterfat
-
Sheep dipping and shearing services
(f)
Farm product merchant wholesalers primarily engaged in wholesaling livestock, grain
and other farm products includes:
-
Live animal merchant wholesalers
-
Auctioning livestock
-
Livestock merchant wholesalers
-
Oilseed and grain merchant wholesalers
-
Nursery stock and plant merchant wholesalers
-
Other farm product merchant wholesalers
(g)
Farm, lawn and garden machinery and equipment merchant wholesalers engaged in
wholesaling new or used farm, lawn and garden machinery, equipment and parts.
(h)
Live animal merchant wholesaler establishments primarily engaged in wholesaling live
animals including auctioning livestock, with own facilities, and livestock merchant
wholesaler.
(i)
Farm product warehousing and storage means establishments primarily engaged in
operating farm product warehousing and storage facilities, except refrigerated
including grain elevators (storage only), and farm product warehousing and storage.
Agriculture Operations means an agricultural, horticultural or silvicultural operation that is
conducted in order to produce agricultural products on a commercial basis, and includes:
(a)
the production of crops, including grains, oil seeds, hay and forages, and horticultural
crops, including vegetables, fruit, mushrooms, sod, trees, shrubs and greenhouse crops;
(b)
the use of land for livestock operations and grazing;
(c)
the production of eggs, milk and honey;
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(d)
the raising of game animals, fur-bearing animals, game birds, bees and fish;
(e)
the processing necessary to prepare an agricultural product for distribution from the
farm gate;
(f)
the operation of agricultural machinery and equipment, including the tillage of land and
the application of fertilizers, manure, soil amendments and pesticides, whether by
ground or aerial application; and
(g)
the storage, use or disposal of organic wastes for agricultural purposes.
Agri-Industrial means establishments primarily engaged in manufacturing agricultural
chemicals, including nitrogenous and phosphoric fertilizer materials; mixed fertilizers; and
agricultural and household pest control chemicals. Includes mainly land-uses under 'Pesticide,
fertilizer and other agricultural chemical manufacturing' includes:
(a)
Fertilizer manufacturing
(b)
Chemical fertilizer (except potash) manufacturing.
(c)
Mixed fertilizer manufacturing
(d)
Pesticide and other agricultural chemical manufacturing
(e)
Nitrogenous, phosphatic or potassic fertilizers, made by mixing purchased materials
(f)
Nitrogenous fertilizer materials, manufacturing
(g)
Fertilizers, mixed, made in plants producing nitrogenous or phosphatic fertilizer
materials
Agri-Manufacturing means establishments primarily engaged in producing food for human or
animal consumption on a large scale in a manufacturing process using agricultural products
provided by an agricultural operation. Land-uses under 'Food Manufacturing' includes:
(a)
Animal food manufacturing
(b)
Grain and oilseed milling
(c)
Flour milling and malt manufacturing
(d)
Oilseed processing
(e)
Fat and oil refining and blending
(f)
Fruit and vegetable preserving and specialty food manufacturing
(g)
Frozen food manufacturing
(h)
Fruit and vegetable canning, pickling and drying
(i)
Dairy product manufacturing
(j)
Fluid milk manufacturing
(k)
Butter, cheese, and dry and condensed dairy product manufacturing
(l)
Meat product manufacturing
(m)
Animal slaughtering and processing
(n)
Rendering and meat processing from carcasses
(o)
Poultry processing
(p)
Bakeries and tortilla manufacturing
(q)
Bread and bakery product manufacturing
(r)
Commercial bakeries and frozen bakery product manufacturing
(s)
Cookie and cracker manufacturing
(t)
Flour mixes, dough, and pasta manufacturing from purchased flour
(u)
Snack food manufacturing
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(v)
Coffee and tea manufacturing
(w)
Beverage and tobacco product manufacturing including Breweries, Distilleries, and
Wineries
(x)
Greenhouse, nursery and floriculture production including Food crops grown under
cover; Mushroom production; Other food crops grown under cover; Nursery and
floriculture production; Nursery and tree production; Floriculture production
Agri-Tourism means agricultural operations that are designated to attract, accommodate,
and entertain the visiting public, including tours, on the activities of farming.
Airport Operations means establishments primarily engaged in operating international,
national and other civil airports. The activities involved in operating airports include renting
hangar space, and providing air traffic control services, baggage handling, cargo handling,
airport runway maintenance service, aviation clubs, aircraft parking services, and other
support activities for air transportation [servicing aircraft, repairing and maintaining aircraft
(except on a factory basis), and inspecting and testing aircraft].
Animal Keeping means the keeping of livestock (excludes household pets such as
domesticated dogs and cats) as defined in the Livestock and Livestock Production Act C.C.S.M.
c 170 and in quantities, cumulative across all livestock species, less than 10 Animal Units.
Apiculture (Beekeeping) means establishments primarily engaged in raising bees, collecting
and gathering honey, and performing other apiculture activities.
Auction House means a building or portion of a building used for the public sale of goods,
merchandise, or equipment, other than livestock, vehicles or heavy equipment, to the highest
bidder.
Auction Yard means a place where vehicles or heavy equipment (operable or inoperable)
are offered for sale to the highest bidder.
Automobile Dealers means establishments primarily engaged in retailing new and used
automobiles, sport utility vehicles, and light-duty trucks and vans, including mini-vans. Excludes
retailing recreational vehicles (RV), watercraft, motorcycles and snowmobiles.
Automotive Repair and Maintenance means establishments primarily engaged in repairing
and maintaining motor vehicles, such as cars, trucks, vans and commercial trailers. Includes
Automotive mechanical and electrical repair and maintenance; General automotive repair;
and Car washes.
Bed and Breakfast means establishments primarily engaged in providing short-term lodging in
facilities known as bed and breakfast homes. Bed and breakfast homes are characterized by
a highly personalized service, and usually the inclusion in the room rate, of a full breakfast,
served by the owner or owner-supervised staff.
Boat Dock, Private means a private non-commercial wharf or pier where boats can remain for
loading, unloading or storage and shall include the water space occupied by any boat.
Boat House means a detached accessory building or structure for the storage of watercraft
and watercraft related equipment but does not include open walkways or uncovered docking
facilities or kitchen and bathroom facilities, and is not for human habitation.
Boat Port means an unenclosed accessory building or structure, which is used to place a boat
into or take a boat out of a water body or used to moor, berth or store a boat. This definition
may include a boat launching ramp, boatlift, or dock, but shall not include any building used
for human habitation nor any boat service, repair or sales facility or retail use.
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Boat Slip means a single parking space for a boat or other marine vessel, forming part of a
dock, boathouse, boat port or other mooring facility.
Bungalow Clusters [Bare Land Condominium] means dwellings units organized around a
defined private open green space held as a common element that is shared, and where the zoning
provisions for building setbacks to lot lines shall apply only to the external lot lines of the overall
plan of condominium, not to the internal lot condominium unit lines resulting from the registration of
any phase of a plan of condominium.
Bungalow Courts [Bare Land Condominium] means dwellings units organized around a
defined private lane held as a common element that is shared for vehicle access to a public
right-of-way, and where the zoning provisions for building setbacks to lot lines shall apply
only to the external lot lines of the overall plan of condominium, not to the internal lot
condominium unit lines resulting from the registration of any phase of a plan of condominium.
Car Washes means an establishments primarily engaged in washing and cleaning motor
vehicles including: auto detail shop, automobile washing and polishing, mobile wash unit
(trucks, autos), waxing and polishing. Considered as Automotive Repair and Maintenance.
Cemeteries means establishments primarily engaged in operating sites or structures reserved
for the interment of human or animal remains.
Child Day-Care Services means establishments primarily engaged in providing day-care
services for infants or children. These establishments may care for older children when they
are not in school and may also offer pre-kindergarten educational programs.
Community Care Facilities [for the elderly] means establishments primarily engaged in
providing residential and personal care services for the elderly and persons who are unable
to fully care for themselves or who do not desire to live independently. In some instances these
establishments provide skilled nursing care for residents in separate on-site facilities. Includes
the provision of room, board, supervision and assistance in daily living services such as
housekeeping.
Community Centre means a multi-purpose facility for recreational, social, day care, or
cultural uses where patrons are primarily participants and any spectators are incidental and
attend on a non-recurring basis. Examples include recreation and leisure centres, hockey and
skating rinks, curling, and community halls.
Community Garden means a communal garden provided for the sole use of or consumption
by the individual or individuals working the garden.
Community Health Centres means establishments, with medical staff, primarily engaged in
general out-patient care, which provides the services of a variety of health practitioners within
the same establishment. These establishments are often referred to as clinics or centres and must
not be confused with the offices of health practitioners.
Community Housing Services means establishments primarily engaged in providing short-
term shelter for victims of domestic violence, sexual assault or child abuse; temporary
residential shelter for the homeless, runaway youths, and patients and families caught in
medical crisis; and transitional housing for low-income individuals and families.
Contractor Service means a place of business for persons employed in trades such as
construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving,
road construction, sewer or similar services of a construction nature which require on-site
storage space for materials, construction equipment or vehicles normally associated with the
contractor service. Any sales, display, office or technical support services areas shall be
accessory to the principal Contractor Service use.
Cottage means a rural residential use that is intended to be used seasonally or on a part-time
basis.
Crematorium means establishments fitted with the proper appliances for the purposes of the
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cremation of human or animal [not including livestock] remains.
Cultural Centre means a building or portion of a building dedicated to the celebration and
promotion of a cultural group or groups. A cultural centre is distinct from a private club on the
basis of a broader range of uses typically available to customers and guests, including
restaurants, retail sales, personal services, theatres, and banquet halls. In addition, customers
and guests are not required to be members of a non-profit organization.
Drinking Places (alcoholic beverages) means establishments, known as bars, taverns or
drinking places, primarily engaged in preparing and serving alcoholic beverages for
immediate consumption. Includes bars, beer parlours or taverns, brasseries, cocktail lounges,
nightclubs.
Drinking Water System means a system used to pump, store, treat and distribute drinking
water, and includes the facilities and services used in the provision of drinking water [Water
Supply].
Drive-Through Facility means establishment that provides or dispenses products or services,
through an attendant or an automated machine, to persons remaining in vehicles that are in
designated stacking aisles. A drive-through facility may be in combination with other uses, such
as a bank, credit union, restaurant or gas station.
Dwelling Unit means a building or part of a building occupied or capable of being occupied,
in whole or in part as the home, residence or sleeping place of one or more persons either
continuously, permanently, temporarily or seasonally, irrespective of tenure or ownership, but
shall not include a seasonal dwelling [cottage], recreational vehicle, trailer or motor home.
Dwelling Units include:
(a)
Dwelling Unit, Attached Accessory which means a room or rooms in which kitchen,
sanitary conveniences and sleeping quarters are provided for the exclusive use of the
occupants and with a private entrance from outside the building or from a common
corridor or stairway inside the building. Includes:
i.
Secondary Suites means an accessory dwelling unit constructed within and
accessory to a Single Detached dwelling, including an attached garage.
(b)
Dwelling Unit, Detached Accessory means a dwelling unit that is in a separate
building or structure which is accessory to and located on the same lot as the principal
use, building or structure, but not including a building or structure which is used as a
dwelling unless specifically permitted. Includes:
i.
Garage Suites means an accessory dwelling unit constructed above a detached
Garage (above grade); or a single-storey attached to the side or rear of, a
detached Garage (at-grade) that is accessory to a principle use.
ii.
Garden Suites means an accessory dwelling unit located in a detached accessory
structure to a principle use.
(c)
Dwelling Unit, Live Work means a unit that contains one Dwelling, in addition to
dedicated floor space for the purpose of conducting a business. The work component
may or may not be separate and distinct from the Dwelling. The Dwelling may be
accessed through the business space. This Use does not include a Home Based Business.
(d)
Single Detached Dwelling means a detached building containing
one dwelling unit only.
(e)
Semi-detached Dwelling means a residential use building
divided vertically into two separate dwelling units each of
which has an independent entrance.
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(f)
Duplex Dwelling means the whole of a two-storey building
divided horizontally into two separate dwelling units, each of
which has an independent entrance either directly or through
a common vestibule.
(g)
Triplex Dwelling means whole of a three-storey building
divided horizontally into three separate dwelling units, each
of which has an independent entrance either directly or
through a common vestibule.
(h)
Multiple Attached Dwelling means the whole of a
residential use building containing three or more dwelling
units that are divided vertically, each of which has an
independent entrance. For the purpose of this By-law, a
rowhouse is considered to be a multiple attached dwelling.
(i)
Stacked Dwelling means a residential use building
containing four or more dwelling units, where the units
in each pair are divided horizontally, and the pairs are
divided vertically, and in which each dwelling unit has
an independent entrance.
(j)
Apartment Dwelling means a building containing four
or more dwelling units, in which dwelling units have a
common entrance from public road level and are
served by a common corridor.
(k)
Converted Dwelling means a residential use building that has been altered, but not
demolished and replaced, to increase the number of dwelling units to three or more.
Educational Services means establishments primarily engaged in providing instruction and
training in a wide variety of subjects. This instruction and training is provided by specialized
establishments, such as schools, colleges, universities and training centres. These establishments
may be privately owned and operated, either for profit or not, or they may be publicly
owned and operated. They may also offer food and accommodation services to their students.
Included are:
(a)
Elementary and Secondary Schools means establishments primarily engaged in
providing academic courses that comprise a basic preparatory education, that is,
Kindergarten to Grade 12.
(b)
Community Colleges means establishments primarily engaged in providing academic,
or academic and technical courses and granting associate degrees, certificates or
diplomas that are below the university level. The requirement for admission to an
associate or equivalent degree program is at least a high school diploma or equivalent
general academic training.
(c)
Universities means establishments primarily engaged in providing academic courses
and granting degrees at the bachelor or graduate levels. The requirement for
admission is at least a high school diploma or equivalent general academic training for
baccalaureate programs, and often a baccalaureate degree for professional or
graduate programs.
(d)
Business Schools and Computer and Management Training means establishments
primarily engaged in providing courses in office procedures and secretarial and
stenographic skills; conducting training in all phases of computer activities, including
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computer programming, software packages, computerized business systems, computer
electronics technology, computer operations and local area network management; and
offering an array of short-duration courses and seminars for management and
professional development.
(e)
Technical and Trade Schools means establishments primarily engaged in providing
vocational and technical training in a variety of technical subjects and trades. The
training often leads to non-academic certification.
Equestrian Establishment means an area of land, which is used as an educational centre for
horse training, handling, care, or for the lodging of horses.
Exploration Projects [Advanced] is as defined in the Mines and Minerals Act.
Finance and Insurance means establishments primarily engaged in financial transactions (that
is, transactions involving the creation, liquidation, or change in ownership of financial assets) or
in facilitating financial transactions. Included are:
(a)
Banking means establishments primarily engaged in accepting deposits and issuing
loans. Examples of establishments in this industry are establishments of chartered banks,
trust companies and deposit-accepting mortgage companies that are primarily
engaged in accepting deposits and issuing loans.
(b)
Credit Unions means establishments of local credit unions and caisses populaires
primarily engaged in accepting deposits from, and issuing loans to, members. Local
credit unions raise funds from members through the sale of shares and the acceptance
of deposits.
Fitness and Recreational Sports Centres means establishments primarily engaged in
operating health clubs and similar facilities featuring exercise and other active physical fitness
conditioning, or recreational sports activities including athletic clubs, physical fitness facilities,
gymnasiums, physical fitness centres or studios, and health spas.
Fabric Buildings [Cover-all Buildings, Portable Fabric Structures, Fabric Tension Buildings]
means buildings constructed using a rigid frame--which can consist of timber, steel, rigid
plastic, or aluminum--and a sturdy fabric outer membrane is stretched over the frame. The
fabric cover is tensioned to provide the stable
structural support of the building. The fabric is tensioned using multiple methods, varying by
manufacturer, to create a tight fitting cover membrane.
Funeral Homes means establishments primarily engaged in preparing the dead for burial or
interment and conducting funerals. Including funeral parlours, morticians or undertakers.
Gasoline Stations means establishments primarily engaged in retailing motor fuels, whether
or not the gasoline station is operated in conjunction with a convenience store, repair garage,
restaurant or other type of operation. Establishments that operate gasoline stations on behalf
of their owners and receive a commission on the sale of fuels are also included. Excludes
retailing marine fuels at marinas.
Gasoline Stations with Convenience Stores means establishments primarily engaged in
retailing automotive fuels combined with the retail sale of a limited line of merchandise, such
as milk, bread, soft drinks and snacks in a convenience store setting.
Golf Courses and Country Clubs means establishments primarily engaged in operating golf
courses and country clubs that operate golf courses along with dining facilities and other
recreational facilities.
Health Care Offices means establishments primarily engaged in providing health care by
diagnosis and treatment. Includes Ambulatory health care services, Offices of physicians,
dentists, chiropractors, optometrists, mental health practitioners, and physical, occupational,
and speech therapists and audiologists; and other health practitioners.
Heritage Institutions means establishments primarily engaged in preserving and exhibiting
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objects, sites and natural wonders of historical, cultural and educational value. Includes Non-
commercial art museums and galleries, History and science museums, planetariums, halls of
fame and wax museums.
Heritage Resources means a heritage site, a heritage object, and any work or assembly of
works of nature or human endeavour that is of value for its archaeological, paleontological,
prehistoric, historic, cultural, natural, scientific or aesthetic features, and may be in a form of
sites or objects or combination of them.
Heavy Equipment Sales, Rental and Servicing means a facility that is engaged in the sales,
rental or repair of heavy equipment typically used in agricultural, commercial or industrial
operations, including tractors, trucks with a gross vehicle weight of over 15,000 pounds, Truck
Tractor/Trailer Combinations, harvesters, loaders and tracked vehicles as well as sales of
parts, whether new or used, for heavy equipment.
Home Occupation means an occupation, professions or business use secondary to a Dwelling
Unit, and which is conducted entirely within the dwelling unit or accessory structure to a
dwelling unit. No aspects of the business operations shall be detectable from outside the
property.
Home Based Business means an occupation, professions or business use secondary to a
Dwelling Unit, and which may generate more than one business associated visit per day. There
may also be non-resident employees, and a limited use of unenclosed areas by the use.
Hospitals means establishments, licensed as hospitals, primarily engaged in providing
diagnostic and medical treatment services, and specialized accommodation services to in-
patients. These establishments have an organized medical staff of physicians, nurses and other
health professionals, technologists and technicians. Hospitals use specialized facilities and
equipment that form a significant and integral part of the production process. Hospitals may
also provide a wide variety of out-patient services as a secondary activity.
Hostels means an establishment providing short-term semi-private accommodations for
travelers.
Hotels means establishments primarily engaged in providing short-term lodging in facilities
known as hotels. These establishments provide suites or guest rooms within a multi-storey or
high-rise structure, accessible from the interior only, and they generally offer guests a range
of complementary services and amenities, such as food and beverage services, parking,
laundry services, swimming pools and exercise rooms, and conference and convention facilities.
Housekeeping Cottages and Cabins means establishments primarily engaged in providing
short-term lodging in facilities known as housekeeping cottages and cabins.
Hunting and Fishing Camps means establishments primarily engaged in operating hunting
and fishing camps. Providing a range of services, such as access to outpost camps or
housekeeping cabins, meals and guides as well as providing transportation to the facility, and
sale of food, beverages, and hunting and fishing supplies.
Interpretive Centre means a building or group of buildings that provides interpretation of a
place of interest, such as the natural environment through a variety of media, such as video
displays, information panels and exhibitions of material, and which may also include facilities
such as a refreshment stand or gift shop.
Libraries means an establishments primarily engaged in maintaining collections and
facilitating the use of such documents (regardless of its physical form and characteristics) as
are required to meet the informational, research, educational or recreational needs of their
users.
Light Equipment Sales, Rental and Servicing means a facility that is engaged in the sales,
rental or repair of light machinery and equipment including automotive tools, cleaning
equipment, concrete and masonry equipment, electric tools and accessories, gasoline
generators, painting and decorating equipment, home and garden equipment, home
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appliances, plumbing tools and other similar tools and accessories.
Livestock Operation means a permanent or semi-permanent facility or non-grazing area
where livestock are kept or raised either indoors or outdoors, and includes all associated
manure collection facilities, but does not include an auction mart. Includes:
(a)
Livestock Operation Uses, 10 AU > 299 AU.
(b)
Livestock Operations Uses, Large Scale, +300 Animal Units.
Manufacturing means establishments primarily engaged in the chemical, mechanical or
physical transformation of materials or substances into new products. These products may be
finished, in the sense that they are ready to be used or consumed, or semi-finished, in the sense
of becoming a raw material for an establishment to use in further manufacturing. Related
activities, such as the assembly of the component parts of manufactured goods; the blending
of materials; and the finishing of manufactured products by dyeing, heat-treating, plating and
similar operations are also treated as manufacturing activities. Manufacturing establishments
are known by a variety of trade designations, such as plants, factories or mills. Land-Uses
includes:
(a)
Textile product mills
(b)
Clothing manufacturing
(c)
Leather and allied product manufacturing
(d)
Footwear manufacturing
(e)
Wood product manufacturing
(f)
Sawmills and wood preservation
(g)
Veneer, plywood and engineered wood product manufacturing
(h)
Paper manufacturing
(i)
Printing and related support activities
(j)
Petroleum and coal product manufacturing
(k)
Chemical manufacturing
(l)
Pharmaceutical and medicine manufacturing
(m)
Plastics and rubber products manufacturing
(n)
Non-metallic mineral product manufacturing
(o)
Cement and concrete product manufacturing
(p)
Primary metal manufacturing
(q)
Fabricated metal product manufacturing
(r)
Machinery manufacturing
(s)
Computer and electronic product manufacturing
(t)
Electrical equipment, appliance and component manufacturing
(u)
Transportation equipment manufacturing
(v)
Furniture and related product manufacturing
(w)
Medical equipment and supplies manufacturing
Marinas means establishments, known as marinas, primarily engaged in operating docking
and storage facilities for pleasure-craft owners, with or without related activities, such as
retailing fuel and marine supplies, boat repair and maintenance, and rental services.
Medical and Diagnostic Laboratories means establishments primarily engaged in providing
analytic or diagnostic services. These services are generally provided to the medical
profession, or to the patient on referral from a health practitioner. Includes: X-ray
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laboratories, medical laboratories, biological laboratories, and dental laboratory, analysis
and diagnostic.
Micro-Brewery / Distillery / Winery means and establishment completely contained within a
structure where beer, wine or liquor produced on-site and sold to the public by one or more of
the following methods: the traditional three-tier system (brewer to wholesaler to retailer to
consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and
directly to the consumer through carry-outs or on-site tap-room or restaurant sales.
Mining, Quarrying, and Oil and Gas Extraction means establishments primarily engaged in
extracting naturally occurring minerals. These can be solids, such as coal and ores; liquids, such
as crude petroleum; and gases, such as natural gas. The term mining is used in the broad sense
to include quarrying, well operations, milling (for example, crushing, screening, washing, or
flotation) and other preparation customarily done at the mine site, or as a part of mining
activity. Establishments engaged in exploration for minerals, development of mineral
properties and mining operations are included in this sector. Establishments performing similar
activities, on a contract or fee basis, are also included. Land-uses include:
(a)
Oil and gas extraction
(b)
Mining and quarrying (except oil and gas)
(c)
Support activities for mining, and oil and gas extraction
Mobile Food Services means establishments primarily engaged in preparing and serving
meals and snacks for immediate consumption from motorized vehicles or non-motorized carts
without limiting the generality of the foregoing, wagons, trailers and trucks.
Mobile Home or Mobile Unit means a portable dwelling unit that is designed or used for
residential occupancy, built upon or having a frame or chassis to which wheels may be
attached for transportation purposes, whether or not such structure actually has at any time
such wheels, or is jacked up or skirted.
Motor Hotels means establishments primarily engaged in providing short-term lodging in
facilities known as motels. These establishments are designed to accommodate clients
travelling by motor vehicle, and provide short-stay suites or guest rooms, within a one or two-
storey structure, characterized by exterior access to rooms and ample parking areas adjacent
to the room entrances. Limited complementary services and amenities may also be provided.
Motorcycle, Boat and Other Motor Vehicle Dealers means establishments primarily engaged
in retailing new and used motorcycles, watercraft and other vehicles, such as snowmobiles, off-
road all-terrain vehicles, utility trailers, and aircraft. These establishments also typically retail
replacement parts and accessories, and provide repair services.
Motor Hotels means establishments primarily engaged in providing short-term lodging in
facilities known as motor hotels. These establishments are designed to accommodate clients
travelling by motor vehicle and provide short-stay suites or guest rooms within a low-rise
structure, characterized by ample, convenient parking areas, interior access to rooms, and
their location along major roads.
Motor Vehicle Towing means establishments primarily engaged in towing motor vehicles.
Establishments engaged in providing light and heavy towing services, both local and long
distance, to the general public, commercial, transportation and other sectors, are included.
These establishments may offer incidental services, such as tire repair, battery boosting and
other emergency road service.
Movie Theaters or Motion Picture and Video Exhibition are establishments primarily
engaged in exhibiting motion pictures.
Municipal Fire-Fighting Services means establishments of local governments primarily
engaged in the prevention, investigation and extinction of fires.
Nature Parks means establishments primarily engaged in operating, maintaining and
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protecting nature parks, nature reserves or conservation areas. Included are conservation
areas, national parks, provincial parks, nature reserves, and natural wonders.
Nursing and Residential Care Facilities means establishments primarily engaged in providing
residential care combined with either nursing, supervisory or other types of care as required
by the residents. In this subsector, the facilities are a significant part of the production process
and the care provided is a mix of health and social services, with the health component being
largely nursing services.
Office means uses focusing on professional, scientific and technical services primarily engaged
in activities in which human capital is the major input and where the knowledge and skills of
their employees, often on an assignment basis, are made available. Includes:
(d)
Legal services
(e)
Accounting
(f)
Tax preparation
(g)
Bookkeeping and payroll services
(h)
Architectural, engineering and related services
(i)
Specialized design services
(j)
Computer systems design and related services
(k)
Management, scientific and technical consulting services
(l)
Insurance agencies and brokerages
(m)
Real estate agents and brokers
(n)
Scientific research and development services
(o)
Advertising, public relations, and related services
(p)
Ancillary uses may include cafeterias, health facilities, parking, or other amenities
primarily for the use of employees in the firm or building. Excludes banks, credit unions
and health care offices.
Off-Leash Dog Area means an outdoor fenced facility where residents have the opportunity
to exercise and socialize their dogs off leash within a controlled environment.
Outside Display means an outside display of goods and/or materials for sale, accessory to a
retail principal use. Merchandise may be directly available to the consumer for purchase.
Outside Storage means an unenclosed area where goods or materials including automobiles,
equipment or supplies are stored. Includes storage of materials in a structure with a roof, but
no walls, and storage of a shipping container is considered outside storage.
Park means a non-commercial, not-for profit site characterized by open space with natural
vegetation or landscaping amenities that may be available to the public for recreational,
educational, cultural, or aesthetic uses. May include recreational facilities or sports venues
designed to serve the leisure and amateur competition of the community with accessory uses
including clubhouses, maintenance facilities, concessions, and parking. May include school and
religious institution's ballfields, football fields, and soccer fields. May include passive areas
with woodlots and vegetation, and critical and significant wildlife habitat.
Parking Lot means a parking area that is the principal use on the lands and not accessory to
any other principal building or land-use.
Pavilion means a non-habitable structure with a roof and no walls associated with a tourist
area for the purpose of temporary sheltering people during events such as weddings,
birthdays, and the like that may also contain enclosed within walls, bathrooms, or shower
facilities.
Picnic Shelter means a non-habitable structure with a roof and support posts without walls that
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is used for the purposes of picnicking, lounging or food preparation, not for overnight
accommodation or storage of chattels.
Performing Arts Companies means establishments primarily engaged in producing live
presentations that involve the performances of actors and actresses, singers, dancers, musical
groups and artists, and other performing artists. Examples of establishments in this industry
group are theatre companies, dance companies, musical groups and artists, circuses and ice-
skating shows.
Personal and Household Goods Repair and Maintenance means establishments primarily
engaged in repairing and maintaining personal and household goods, such as home and
garden equipment, appliances, furniture, footwear and leather goods, garments, watches,
jewellery, musical instruments, bicycles and recreational boats.
Personal Service Shops means establishments used for the provision of personal services to an
individual for personal grooming, or the cleaning and repair of personal effects. This use
includes barbershops, hairdressers, beauty salons, tattoo and piercing parlours, spa, tanning
salon, tailors, dressmakers, and dry cleaning establishments and laundromats. This Use does
not include Health Care Offices.
Pet Care Services (except veterinary) means establishments primarily engaged in grooming,
boarding and training pet animals. Including animal shelters, boarding kennel service, humane
society facilities (animal shelters), pet grooming services, pet sitting services, and pet training
services.
Place of Worship means development used for worship and related religious, philanthropic or
social activities and includes Accessory rectories, manses, meeting rooms, food preparation
and service facilities, classrooms, dormitories and other buildings. Typical Uses include
churches, chapels, mosques, temples, synagogues, parish halls, convents and monasteries.
Postal Service means establishments primarily engaged in operating the postal service.
Establishments of the Post Office, other than those primarily engaged in providing courier
services, are classified in this industry, as well as establishments that carry on one or more
functions of the postal service on a contract basis, except the delivery of mail in bulk.
Private Clubs means development used for the meeting, social or recreational activities of
members of non-profit philanthropic, civic, political, ethnic, retirement association, social
service, athletic, business or fraternal organization, without on-site residences. Private Clubs
may include rooms for eating, drinking and assembly.
Private Stables means a building in which horses are kept (also sometimes other livestock) can
be maintained privately for an owner's own horses, or operated as a public business where a
fee is charged for keeping other people's horses.
Public Works Yard means any land, building or structure operated by a government entity for
the storage, manufacture, maintenance or repair of materials, equipment, heavy machinery or
motor vehicles used in connection with public works such as roads or parks maintenance.
Includes the outside storage of road maintenance material such as gravel or sand.
Recreational and Vacation Camps (except hunting and fishing) means establishments
primarily engaged in operating overnight recreational camps, such as children's camps, family
vacation camps, and outdoor adventure retreats that offer trail riding, white-water rafting,
hiking and similar activities.
Recreational Vehicle Dealers means establishments primarily engaged in retailing new and
used recreational vehicles (RVs), such as motor homes, recreational trailers and campers. These
establishments also typically retail replacement parts and accessories, and provide repair
services.
Recreational Vehicle (RV) Parks and Campgrounds means establishments primarily engaged
in operating serviced or unserviced sites to accommodate campers and their equipment.
Includes tents, tent trailers, travel trailers and recreational vehicles being provided access to
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U
facilities, such as washrooms, laundry rooms, recreation halls and facilities, and stores and
snack bars.
Resorts means establishments primarily engaged in providing short-term lodging in facilities
known as resorts. These establishments feature extensive indoor and/or outdoor leisure
activities on the premises on a year-round basis. Resorts are designed to accommodate
vacationers and provide full-service suites and guest rooms, typically in a non-urban setting
next to lakes, rivers or mountains. Establishments of this type often provide access to
conference facilities. Include resorts with integrated health spa facilities.
Restaurants means establishments primarily engaged in providing food services to patrons
who order and are served while seated and pay after eating, or who order or select items at
a counter, food bar or cafeteria line (or order by telephone) and pay before eating. Includes
Full-service restaurants; and limited-service eating places such as coffee shops, doughnut
shops, fast food restaurants, ice cream parlour, take-out restaurants. Excludes Mobile Food
Services.
Retail Trade means establishments primarily engaged in retailing merchandise, generally
without transformation, and rendering services incidental to the sale of merchandise. The
retailing process is the final step in the distribution of merchandise; retailers are therefore
organized to sell merchandise in small quantities to the general public. Included are Retail
Stores such as:
(a)
Furniture and home furnishings stores
(b)
Electronics and appliance stores
(c)
Food and beverage stores
(d)
Supermarkets and other grocery,
(e)
Convenience Stores
(f)
Specialty Food Stores
(g)
Fruit and vegetable markets
(h)
Beer, wine and liquor stores
(i)
Health and personal care stores
(j)
Pharmacies and drug stores
(k)
Cosmetics, beauty supplies and perfume stores
(l)
Optical goods stores
(m)
Clothing stores
(n)
Sporting goods, hobby, book and music stores
(o)
General merchandise stores
(p)
Warehouse clubs
(q)
Home and auto supplies stores
(r)
Used merchandise stores
Retail Store means establishments operating as a fixed point-of-sale location, located and
designed to attract a high volume of walk-in customers. Typically sell merchandise to the
general public for personal or household consumption, but some also serve businesses and
institutions.
Road Allowance means a right of way surveyed for the purpose of a road by either the
federal or provincial government survey and includes a right of way provided by a statute for
the purpose of a road, a right of way dedicated to the public use as a highway, and a road
allowance under the jurisdiction of a municipality.
Rooming and Boarding Houses means an establishment primarily engaged in operating
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rooming and boarding houses and similar facilities. A building or part of building, used for
congregate living, containing Sleeping Units and four or more persons, and where there is no
provision of on-site care, treatment or professional services of a physical or mental health
nature. May provide complementary services, such as housekeeping, meals and laundry
service; may provide temporary or longer-term accommodation, which, for the period of
occupancy, may serve as a principal residence.
Scenic and Sightseeing Transportation means establishments primarily engaged in providing
recreational transportation, such as sightseeing or dinner cruises, steam train excursions, horse-
drawn sightseeing rides, air-boat rides or hot-air balloon rides. These establishments often use
vintage or specialized transportation equipment. The services provided are local in nature,
usually involving same-day return. Establishments that provide charter fishing services are
included.
Scientific Research and Development Services means establishments primarily engaged in
conducting original investigation, undertaken on a systematic basis to gain new knowledge
(research), and in the application of research findings or other scientific knowledge for the
creation of new or significantly improved products or processes (experimental development).
The industries within this industry group are defined on the basis of the domain of research;
that is, on the scientific expertise of the establishment.
Self-Storage Mini-Warehouses means establishments primarily engaged in renting or leasing
space for self-storage. These establishments provide secure space (rooms, compartments,
lockers, containers or outdoor space) where clients can store and retrieve their goods.
Shipping Containers [Sea Cans] mean an intermodal container designed and built for
intermodal freight transport
Sleep Cabin means a building accessory to and subordinate to a cottage use, that is designed
to provide additional sleeping quarters for occasional guests of the owner and without kitchen
facilities.
Sports Arena/Stadiums facilities means establishments primarily engaged in operating sports
stadiums and other sports facilities, and organizing and promoting sports events or similar
events held in these facilities. Includes:
(a)
Promoting and presenting sports tournaments, in their own facilities
(b)
Professional, semi-professional or amateur athletes primarily engage in performing
before a paying audience
(c)
Professional, semi-professional, or amateur sports clubs primarily engaged in presenting
or participating in sporting events before a paying audience
Surface improvement means a structure of any kind and includes a well, railway, pipeline,
flow line, roadway, power line and a runway and taxiway for an aircraft.
Testing Laboratories means establishments primarily engaged in providing physical, chemical
and other analytical testing services. The testing activities may occur in a laboratory or on-site.
Truck Transportation means establishments primarily engaged in the truck transportation of
goods. These establishments may carry general freight or specialized freight. Specialized
freight comprises goods that, because of size, weight, shape or other inherent characteristics,
require specialized equipment for transportation. Establishments may operate locally, that is
within a metropolitan area and its hinterland, or over long distances, that is between
metropolitan areas.
Utilities means establishments primarily engaged in operating electric, gas and water utilities.
These establishments generate, transmit, control and distribute electric power; distribute
natural gas; treat and distribute water; operate sewer systems and sewage treatment
facilities; and provide related services, generally through a permanent infrastructure of lines,
pipes and treatment and processing facilities. Includes: Electric power generation, transmission
and distribution; and Natural gas distribution.
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Veterinary Services means establishments of licensed veterinary practitioners primarily
engaged in the practice of veterinary medicine, dentistry, or surgery for animals includes:
(a)
Animal hospitals
(b)
Consulting and visiting services, veterinary
(c)
Herd inspecting and testing services, veterinary
(d)
Surgery services, veterinary
(e)
Veterinary practices or clinics
(f)
Veterinary testing laboratories
Warehousing and Storage means establishments primarily engaged in operating general
merchandise, refrigerated and other warehousing and storage facilities. Included in this
subsector are third-party warehouses serving retail chains and wholesalers. Establishments in
this subsector provide facilities to store goods for customers. They do not take title to the
goods they handle. These establishments take responsibility for storing the goods and keeping
them secure. They may also provide a range of services, often referred to as logistics services,
related to the distribution of a customer's goods. Logistics services can include labelling,
breaking bulk, inventory control and management, light assembly, order entry and fulfillment,
packaging, pick and pack, price marking and ticketing and transportation arrangement.
However, establishments in this subsector always provide storage services in addition to any
logistics services. Furthermore, the storage of goods must be more than incidental to the
performance of a service such as price marking.
Waste Disposal Grounds means a parcel of land that is used for the disposal of solid or
industrial waste [Landfill].
Wastewater Management System means a system used to collect, store, treat, distribute and
dispose of wastewater, and includes the facilities and services associated in the management
of wastewater. [Sewage treatment facilities].
Wholesale Trade means establishments primarily engaged in wholesaling merchandise,
generally without transformation, and rendering services incidental to the sale of merchandise.
The wholesaling process is an intermediate step in the distribution of goods. Many wholesalers
are organized to sell merchandise in large quantities to retailers, and business and institutional
clients. However, some wholesalers, in particular those that supply non-consumer capital goods,
sell merchandise in single units to final users. Includes:
(a)
Petroleum and petroleum products merchant wholesalers
(b)
Food, beverage and tobacco merchant wholesalers
(c)
Personal and household goods merchant wholesalers
(d)
Motor vehicle and motor vehicle parts and accessories merchant wholesalers
(e)
Building material and supplies merchant wholesalers
(f)
Machinery, equipment and supplies merchant wholesalers
(g)
Building material and garden equipment and supplies dealers
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6.1
Establishing Zones for Land-Uses
Land-uses in the planning area are regulated in accordance with the following zoning districts:
6.1.1
Table 11: Zoning Districts
Zoning District
Abbr.
Conservative
Agriculture Operations
AO
Agriculture Enterprises
AE
Open Space
OS
Institutional
IN
Progressive
Tourist Recreational Cottages
TRC
Tourist Recreational Accommodations
TRA
Tourist Recreational Mixed
TRM
Rural Residential
RR
Residential - First Density
R1
Residential - Second Density
R2
Residential - Third Density
R3
Commercial Main Streets
CM
Commercial Highway
CH
Light Industrial
EL
Airport Industrial
EA
Heavy Industrial
EH
Transformative
Planned Development Overlay - 1
PDO-1
Planned Development Overlay - 2
PDO-2
6.2
Allowable Uses: Permitted and Conditional
The permitted and conditional uses are land-uses prescribed for lands within each zone, which
set out in the Land-Use Tables for each Zoning District.
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(a)
Where a use is not listed and is not similar to, or accessory to, a permitted or
conditional principal use, or a permitted or conditional secondary use, the land-use is
not allowed in the zone.
6.3
Bulk Regulations
No land, building, or structure shall be used or occupied, and no building or structure shall be
constructed, erected, altered, enlarged, or placed, except in accordance with the bulk
requirements described in the Bulk Regulations Tables for each Zoning District, unless described
elsewhere in this By-law.
6.4
Planned Development Overlay Districts
The following overlay zoning districts are hereby established, and each such district is
intended for the purposes described below:
6.4.1
Planned Development Overlay - 1 (PDO-1) (Special District)
Is a zoning district which is applied over one or more previously established zoning districts,
establishing additional or stricter standards and criteria for covered properties in addition to
those of the underlying zoning district.
(1)
Planned Development Overlay 1 (PDO-1) are used to:
a.
Promote specific land-uses to develop, such as mixed-use, affordable
housing, or a type of agricultural operation, by enabling the land-use(s) in
a specified sub-area;
b.
Restrict specific types of land-uses on an area wide basis to protect a
nearby special features such as historic resources, airports, wetlands, steep
slopes, and waterfronts; or
c.
Establish dimensional standards such as lot areas, lot coverage, yards,
signage, parking requirements, and setbacks affecting only a sub-area to
protect a special feature or to promote a specific type of development.
(2)
The purpose of the Planned Development Overlay 1 (PDO-1) overlay district is
to provide a means to alter or specify allowed uses and/or development
standards in otherwise appropriate zones, in unique or special circumstances, in
order to achieve local planning objectives across multiple properties or
neighbourhoods, and not associated with any master planned development
envisioned for an area or a site.
(3)
Used to tailor the regulations of a land-use(s) in a specific geographical location.
(4)
A PDO-1 zoning district is appropriate when additional zoning controls are
required to address an area-wide (rather than site-specific) condition, or to
implement an area-wide plan for the proposed district. PDO-1 districts are
generally appropriate for areas with unique or special circumstances.
(5)
The PDO-1 overlay must only be applied to zones where specified through a text
amendment to the Zoning By-law. Such amendment must include:
a.
A map of the location(s) of any lands affected by the overlay at an
appropriate scale indicating the designation, location, and boundaries of
each underlying zoning district; and
b.
Every regulation specified or changed for the underlying zoning district
by the PDO-1 overlay including the addition or removal of allowable uses.
(6)
The PDO-1 overlay may not be used:
a.
Where the proposed changes to the regulations of the underlying zoning
district:
i.
are significant enough to be inconsistent with the general purpose of
the underlying zoning district(s) and the designation of another
existing zone district in this By-law would be more appropriate;
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ii.
are not merely related to local planning objectives but would have
significant general application to warrant an amendment to the text
of the underlying zoning district itself or to create a new Zoning
District; or
iii.
are intended to provide such detailed or site-specific control over
the design and siting of a special development that the use of the
PDO-2 overlay would be more appropriate.
(7)
All regulations in the Zoning By-law must apply to development in the area
covered by the adopted PDO-1 overlay, unless the PDO-1 By-law specifically
modifies or alleviates those regulations.
(8)
All adopted PDO-1 districts shall be contained in attached schedules which form
part of this By-law.
6.4.2
Planned Development Overlay - 2 (PDO-2) (Master Planned Development)
Is a zoning district which modifies the zoning regulations and standards of an existing zoning
district by tailoring the zoning to address the specific needs of a development project planned
for a site. PDO-2s formulate the site-specific regulations in response to on-site conditions, or to
mitigate off-site impacts associated with a planned development.
(1)
The purpose of the Planned Development Overlay 2 (PDO-2) overlay district is
to provide for site-specific control over an individual proposed development, in
unique or special circumstances, where any other zone would be inappropriate or
inadequate.
(2)
A PDO-2 district is appropriate when the proposed development regulations do
not relate to an area-wide condition, but are explicit to covering only the
location of the proposed development.
(3)
PDO-2 districts are appropriate for a development with unique attributes or
located on a site with special characteristics, which have not been contemplated
in the existing zoning districts.
(4)
The PDO-2 overlay must only be applied to a well-defined site to regulate a
specific development being proposed under the following circumstances:
a.
The proposed development exceeds the development provisions of the
closest equivalent existing zoning district;
b.
The proposed development requires specific regulations to ensure land use
conflicts with adjoining and adjacent properties are minimized;
c.
The site for the proposed development has unique characteristics that
require specific regulations; or
d.
The ongoing operation of the proposed development and the unique
nature of the land-use(s) requires specific regulations to that site.
(5)
The PDO-2 overlay must only be applied to zones where specified through a text
amendment to the Zoning By-law. Such amendment must include:
a.
A map of the location(s) of any lands affected by the overlay at an
appropriate scale indicating the designation, location, and boundaries of
the PDO-2 overlay; and
b.
Every regulation specified by this Zoning By-law for a zoning district to be
regulated by the PDO-2 overlay including allowable use and lot
dimensions.
(6)
The regulations provided in the PDO-2 district substitute the specified regulations of
the Zoning By-law, and the provisions of the PDO-2 govern.
(7)
All regulations in the Zoning By-law shall apply to a development in the area
covered by the adopted PDO-2 overlay, unless the PDO-2 By-law specifically
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modifies or alleviates those regulations.
(8)
Where there is a conflict between the provisions of the PDO-2 and those of the
underlying zone including zones modified by a PDO-1, the provisions of the
PDO-2s govern.
(9)
All adopted PDO-2 districts shall be contained in attached schedules, which form
part of this By-law.
The following pages contain use and bulk tables (which show the permitted and conditional
uses, as well as bulk standards for required yards and building heights) for each of the zoning
districted listed in the previous section.
6.5
Agriculture Operations - AO
6.5.1
Purpose:
This Zone enables agricultural producers to generate agricultural products.
6.5.2
Table 12: AO Land Use
AO Bulk Standards
Principle Uses Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side Yard ft
Exterior
Side Yard ft
Rear
Yard
(min) ft
Agriculture Operations
80.0
1,000
125
25
25
25
35
Apiculture (Beekeeping)
2.0
200
125
25
25
25
35
Drinking Water System
2.0
200
125
25
25
25
35
Dwelling, Single-Detached
2.0
660
125
25
25
25
35
Equestrian Establishment
80.0
200
125
25
25
25
35
Exploration Projects
2.0
200
125
25
25
25
35
Heritage Resources
2.0
200
125
25
25
25
35
Livestock Operation Uses, 10
AU > 299 AU
80.0
200
125
25
25
25
35
Municipal Fire-Fighting
Services
2.0
200
125
25
25
25
35
Public Works Yard
2.0
200
125
25
25
25
35
Utilities
2.0
200
125
25
25
25
35
Waste Disposal Grounds
2.0
200
125
25
25
25
35
Wastewater Management
System
2.0
200
125
25
25
25
35
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6.0 Zoning Districts
AO Bulk Standards
Conditional Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side Yard ft
Exterior
Side Yard ft
Rear
Yard
(min) ft
Aggregate Quarry
2.0
200
125
25
25
25
35
Cemeteries
2.0
200
125
25
25
25
35
Community Centre
80.0
200
125
25
25
25
35
Crematorium
2.0
200
125
25
25
25
35
Heritage Institutions
2.0
200
125
25
25
25
35
Livestock Operations Uses,
Large Scale, +300 Animal
Units
80.0
200
125
25
25
25
35
Accessory Uses Permitted
Accessory Dwelling Units
5.0
200
125
25
25
25
35
Animal Keeping
5.0
200
125
25
25
25
35
Agri-Tourism
5.0
200
125
25
25
25
35
Bed and Breakfast
5.0
200
125
25
25
25
35
Boat Dock, Private
5.0
200
125
25
25
25
35
Home Occupations
5.0
200
125
25
25
25
35
Home Based Business
5.0
200
125
25
25
25
35
Private Stables
5.0
200
125
25
25
25
35
6.5.3
Performance Standards
Single Detached Dwellings shall be subject to the following:
(a)
Single Detached Dwellings on lot sizes less than of 80.0 acres shall be separated by
2,640 feet from any other Single Detached Dwellings. The mutual separation distances
to dwelling units will be measured to the building itself.
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6.6
Agriculture Enterprises - AE
6.6.1
Purpose:
This Zone enables establishments primarily engaged in providing goods and services to
agriculture operations; producing food for human or animal consumption on a large scale in a
manufacturing process using agricultural products provided by an agricultural operation; and
industries producing chemicals for agricultural operations to be established near agriculture
operations. Also includes the production of food crops and non-food crops grown under cover.
Habitable spaces are allowed in limited forms to only accommodate on-site workers, the
business owner, caretaker, security guard or similar employee.
6.6.2
Table 13: AE Land Use
AE Bulk Standards
Principle Uses Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard ft
Rear
Yard
(min) ft
Agri-Business
2.0
200
125
0
25
0
100
Agriculture Operations
80.0
1,000
125
25
25
25
35
Agri-Industrial
2.0
200
125
0
25
0
100
Agri-Manufacturing
2.0
200
125
0
25
0
100
Apiculture (Beekeeping)
2.0
200
125
0
25
0
100
Crematorium
2.0
200
125
0
25
0
100
Exploration Projects
2.0
200
125
0
25
0
100
Gasoline Stations
2.0
200
125
0
25
0
100
Heavy Equipment Sales,
Rental and Servicing
2.0
200
125
0
25
0
100
Municipal Fire-Fighting
Services
2.0
200
125
0
25
0
100
Outside Storage
2.0
200
125
0
25
0
100
Public Works Yard
2.0
200
125
0
25
0
100
Scientific Research and
Development Services
2.0
200
125
0
25
0
100
Testing Laboratories
2.0
200
125
0
25
0
100
AE Bulk Standards
Lot Dimensions
Required Yards
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6.0 Zoning Districts
Principle Uses Permitted
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard ft
Rear
Yard
(min) ft
Building
Height
(max) ft
Veterinary Services
2.0
200
125
0
25
0
100
Utilities
2.0
200
125
0
25
0
100
Waste Disposal Grounds
2.0
200
125
0
25
0
100
Wastewater Management
System
2.0
200
125
0
25
0
100
Conditional Uses
Aggregate Quarry
2.0
200
125
0
25
0
100
Livestock Operations Uses,
Large Scale, +300 Animal
Units
80.0
200
125
0
25
0
100
Accessory Uses Permitted
Agri-Tourism
2.0
200
125
0
25
0
100
Child Day-Care Services
2.0
200
125
0
25
0
100
Dwelling Unit, Detached
2.0
200
125
0
25
0
100
Dwelling Unit, Attached
2.0
200
125
0
25
0
100
Mobile Food Services
2.0
200
125
0
25
0
100
Rooming and Boarding
Houses
2.0
200
125
0
25
0
100
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6.7
Open Space Zone - OS
6.7.1
Purpose:
This Zone enables public access to lands for active and passive recreational uses in parks; the
creation of landscaped buffers between incompatible land-uses; the preservation of critical
and significant wildlife habitat; and the protection Natural Lands Policy Areas identified in the
Development Plan for such protection to optimize ecological, heritage, cultural, health and
economic benefits to the communities.
6.7.2
Table 14: OS Land Use
OS Bulk Standards
Principle Uses Permitted
Required Yards
Building
Height
(max) ft
Front Yard
(min) ft
Interior
Side Yard ft
Exterior
Side Yard ft
Rear Yard
(min) ft
Cemeteries
40
5
15
25
35
Community Centre
40
5
15
25
35
Community Garden
40
5
15
25
35
Fitness and Recreational Sports
Centres
40
5
15
25
35
Golf Courses and Country
Clubs
40
5
15
25
35
Heritage Institutions
40
5
15
25
35
Heritage Resources
40
5
15
25
35
Interpretive Centre
40
5
15
25
35
Libraries
40
5
15
25
35
Mobile Food Services
40
5
15
25
35
Nature Parks
40
5
15
25
35
Off-Leash Dog Area
40
5
15
25
35
Park
40
5
15
25
35
Parking Lot
40
5
15
25
35
Utilities
40
5
15
25
35
OS Bulk Standards
Required Yards
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6.0 Zoning Districts
Conditional Uses
Front Yard
(min) ft
Interior
Side Yard ft
Exterior
Side Yard ft
Rear Yard
(min) ft
Building
Height
(max) ft
Private Clubs
40
5
15
25
35
Accessory Uses Permitted
Child Day-Care Services
40
5
15
25
35
Pavilion
40
5
15
25
35
Picnic Shelter
40
5
15
25
35
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6.9
Institutional Zone - IN
6.9.1
Purpose:
This Zone enables public or privately owned facilities with an orientation towards educational,
institutional, health care or community service to exist alongside uses that complement the
institutional land-use.
6.9.2
Table 15: IN Land Use
IN Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min)
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Front
Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Cemeteries
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Child Day-Care
Services
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Community Centre
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Community Garden
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Community Health
Centres
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Community Housing
Services
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Cultural Centre
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Educational Services
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Fitness and
recreational sports
centres
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Health Care Offices
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
Tri-Roads Planning District Zoning By-law 18/02/2018
107
6.0 Zoning Districts
IN Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min)
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Front
Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Heritage Institutions
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Hospitals
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Interpretive Centre
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Libraries
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Medical and
Diagnostic
Laboratories
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Nursing and
Residential Care
Facilities
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Office
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Off-Leash Dog Area
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Park
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Performing Arts
Companies
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Place of Worship
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Private Clubs
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
108
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
IN Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min)
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Scientific Research
and Development
Services
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Sports Arena/
Stadiums
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Testing Laboratories
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Utilities
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Conditional Uses
Dwelling Unit, Live
Work
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Accessory Uses Permitted
Agri-
Manufacturing
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Dwelling Unit,
Attached
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Mobile Food Services
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Pavilion
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Picnic Shelter
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
Tri-Roads Planning District Zoning By-law 18/02/2018
109
6.0 Zoning Districts
6.10
Tourist Recreation Cottage Zone - TRC
6.10.1
Purpose:
This Zone enables residential uses that are intended to be used seasonally, or to be used as
residences year round, which may generally be located in a Tourism Policy Area in the Tri-
Roads Development Plan By-law 18-01-18.
6.10.2
Table 16: TRC Land Use
TRC Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Community
Garden
9,000
75
40%
480
25
10
15
25
35
Cottage
9,000
75
40%
480
25
10
15
25
35
Nature Parks
9,000
75
40%
480
25
10
15
25
35
Off-Leash
Dog Area
9,000
75
40%
480
25
10
15
25
35
Park
9,000
75
40%
480
25
10
15
25
35
Utilities
9,000
75
40%
480
25
10
15
25
35
Accessory Uses Permitted
Bed and
Breakfast
9,000
75
40%
480
25
10
15
25
35
Boat Dock,
Private
9,000
75
40%
480
25
10
15
25
35
Boat House
9,000
75
40%
480
25
10
15
25
35
Boat Port
9,000
75
40%
480
25
10
15
25
35
Boat Slip
9,000
75
40%
480
25
10
15
25
35
Dwelling Unit,
Accessory,
9,000
75
40%
480
25
10
15
25
35
Home
Occupation
9,000
75
40%
480
25
10
15
25
35
Sleep Cabin
9,000
75
40%
480
25
10
15
25
35
110
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
6.11
Tourist Recreation Accommodations Zone - TRA
6.11.1
Purpose:
This Zone enables an assortment of seasonal accommodations for tourists alongside complementary
uses that provide support and services to tourists, which are located in a Tourism Policy Area in
the Tri-Roads Development Plan By-law 18-01-18.
6.11.2
Table 17: TRA Land Use
TRA Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Community
Garden
12,000
75
40%
480
20
15
25
25
35
Hostel
12,000
75
40%
480
20
15
25
25
35
House- keeping
Cottages and
Cabins
12,000
75
40%
480
20
15
25
25
35
Hunting and
Fishing
Camps
12,000
75
40%
480
20
15
25
25
35
Marinas
12,000
75
40%
480
20
15
25
25
35
Nature Parks
12,000
75
40%
480
20
15
25
25
35
Off-Leash
Dog Area
12,000
75
40%
480
20
15
25
25
35
Park
12,000
75
40%
480
20
15
25
25
35
Pavilion
12,000
75
40%
480
20
15
25
25
35
Recreational
and Vacation
Camps
12,000
75
40%
480
20
15
25
25
35
Recreational
Vehicle (RV)
Parks and
Campgrounds
12,000
75
40%
480
20
15
25
25
35
Resorts
12,000
75
40%
480
20
15
25
25
35
Utilities
12,000
75
40%
480
20
15
25
25
35
Tri-Roads Planning District Zoning By-law 18/02/2018
111
6.0 Zoning Districts
TRA Bulk Standards
Conditional
Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Cultural
Centre
12,000
75
40%
480
20
15
25
25
35
Drinking
Places
12,000
75
40%
480
20
15
25
25
35
Fitness and
Recreational
Sports Centres
12,000
75
40%
480
20
15
25
25
35
Gasoline
Stations with
Convenience
Stores
12,000
75
40%
480
20
15
25
25
35
Golf Courses
and Country
Clubs
12,000
75
40%
480
20
15
25
25
35
Hotels
12,000
75
40%
480
20
15
25
25
35
Interpretive
Centre
12,000
75
40%
480
20
15
25
25
35
Micro-
Brewery /
Distillery /
Winery
12,000
75
40%
480
20
15
25
25
35
Mobile Food
Services
12,000
75
40%
480
20
15
25
25
35
Motorcycle,
Boat and Other
Motor Vehicle
Dealers
12,000
75
40%
480
20
15
25
25
35
Parking Lot
12,000
75
40%
480
20
15
25
25
35
Private Clubs
12,000
75
40%
480
20
15
25
25
35
Motels
12,000
75
40%
480
20
15
25
25
35
Motor Hotels
12,000
75
40%
480
20
15
25
25
35
112
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
TRA Bulk Standards
Conditional
Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Restaurants
12,000
75
40%
480
20
15
25
25
35
Retail Store
12,000
75
40%
480
20
15
25
25
35
Waste
Disposal
Grounds
12,000
75
40%
480
20
15
25
25
35
Accessory Uses Permitted
Boat Dock,
Private
12,000
75
40%
480
20
15
25
25
35
Boat House
12,000
75
40%
480
20
15
25
25
35
Boat Port
12,000
75
40%
480
20
15
25
25
35
Boat Slip
12,000
75
40%
480
20
15
25
25
35
Dwelling Unit,
Accessory,
12,000
75
40%
480
20
15
25
25
35
Home
Occupation
12,000
75
40%
480
20
15
25
25
35
Picnic Shelter
12,000
75
40%
480
20
15
25
25
35
Sleep Cabin
12,000
75
40%
480
20
15
25
25
35
Tri-Roads Planning District Zoning By-law 18/02/2018
113
6.0 Zoning Districts
6.12
Tourist Recreation Mixed Use Zone - TRM
6.12.1
Purpose:
This Zone enables an assortment of seasonal accommodations, tourist attractions, and facilities
for culture and sport to be established for the purposes of providing dynamic recreational
opportunities and support services to tourists. Habitable spaces are allowed to accommodate
on-site workers, the business owner, caretaker, security guard or similar employee. This zone is
located in a Tourism Policy Area in the Tri-Roads Development Plan By-law 18-01-18.
6.12.2
Table 18: TRM Land Use
TRM Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Community
Centre
60,000
100
40%
480
50
15
25
25
35
Community
Garden
60,000
100
40%
480
50
15
25
25
35
Cultural
Centre
60,000
100
40%
480
50
15
25
25
35
Drinking
Places
60,000
100
40%
480
50
15
25
25
35
Dwelling
Unit, Live
Work
60,000
100
40%
480
50
15
25
25
35
Fitness and
Recreational
Sports Centres
60,000
100
40%
480
50
15
25
25
35
Gasoline
Stations with
Convenience
Stores
60,000
100
40%
480
50
15
25
25
35
Golf Courses
and Country
Clubs
60,000
100
40%
480
50
15
25
25
35
Heritage
Institutions
60,000
100
40%
480
50
15
25
25
35
114
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
TRM Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Heritage
Resources
60,000
100
40%
480
50
15
25
25
35
Hostel
60,000
100
40%
480
50
15
25
25
35
Hotels
60,000
100
40%
480
50
15
25
25
35
House- keeping
Cottages and
Cabins
60,000
100
40%
480
50
15
25
25
35
Hunting and
Fishing
Camps
60,000
100
40%
480
50
15
25
25
35
Interpretive
Centre
60,000
100
40%
480
50
15
25
25
35
Marinas
60,000
100
40%
480
50
15
25
25
35
Micro-
Brewery /
Distillery /
Winery
60,000
100
40%
480
50
15
25
25
35
Mobile Food
Services
60,000
100
40%
480
50
15
25
25
35
Motels
60,000
100
40%
480
50
15
25
25
35
Motor Hotels
60,000
100
40%
480
50
15
25
25
35
Nature Parks
60,000
100
40%
480
50
15
25
25
35
Off-Leash
Dog Area
60,000
100
40%
480
50
15
25
25
35
Outside
Display
60,000
100
40%
480
50
15
25
25
35
Park
60,000
100
40%
480
50
15
25
25
35
Pavilion
60,000
100
40%
480
50
15
25
25
35
Performing Arts
Companies
60,000
100
40%
480
50
15
25
25
35
Tri-Roads Planning District Zoning By-law 18/02/2018
115
6.0 Zoning Districts
TRM Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Personal
Service Shops
60,000
100
40%
480
50
15
25
25
35
Private Clubs
60,000
100
40%
480
50
15
25
25
35
Recreational
and Vacation
Camps
60,000
100
40%
480
50
15
25
25
35
Recreational
Vehicle (RV)
Parks and
Campgrounds
60,000
100
40%
480
50
15
25
25
35
Resorts
60,000
100
40%
480
50
15
25
25
35
Restaurants
60,000
100
40%
480
50
15
25
25
35
Retail Store
60,000
100
40%
480
50
15
25
25
35
Scenic and
Sightseeing
Transport-
ation
60,000
100
40%
480
50
15
25
25
35
Sports Arena/
Stadiums
60,000
100
40%
480
50
15
25
25
35
Utilities
60,000
100
40%
480
50
15
25
25
35
Conditional Uses
Cottage
60,000
100
40%
480
50
15
25
25
35
Equestrian
Establish-
ment
60,000
100
40%
480
50
15
25
25
35
Motorcycle,
Boat and Other
Motor Vehicle
Dealers
60,000
100
40%
480
50
15
25
25
35
Parking Lot
60,000
100
40%
480
50
15
25
25
35
116
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
Conditional Us es
TRM Bulk Standards
Conditional
Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Private
Stables
60,000
100
40%
480
50
15
25
25
35
Waste
Disposal
Grounds
60,000
100
40%
480
50
15
25
25
35
Accessory Uses Permitted
Boat Dock,
Private
60,000
100
40%
480
50
15
25
25
35
Boat House
60,000
100
40%
480
50
15
25
25
35
Boat Port
60,000
100
40%
480
50
15
25
25
35
Boat Slip
60,000
100
40%
480
50
15
25
25
35
Child Day-
Care
Services
60,000
100
40%
480
50
15
25
25
35
Dwelling Unit,
Accessory
60,000
100
40%
480
50
15
25
25
35
Home
Occupation
60,000
100
40%
480
50
15
25
25
35
Picnic Shelter
60,000
100
40%
480
50
15
25
25
35
Sleep Cabin
60,000
100
40%
480
50
15
25
25
35
Tri-Roads Planning District Zoning By-law 18/02/2018
117
6.0 Zoning Districts
6.13
Rural Residential Zone - RR
6.13.1
Purpose:
This Zone is to provide for Single Detached Dwellings intended to be a permanent residence
with a larger lot size and in a rural setting, that may have some piped water or wastewater
infrastructure. Rural Residential are a concentration of three (3) or more Single Detached
Dwellings on lot sizes of 5.0 acres or less in a radius proximity of less than 2,640 feet.
6.13.2
Table 19: RR Land Use
RR Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Community
Garden
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Dwelling,
Single
Detached
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Off-Leash Dog
Area
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Park
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Utilities
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Accessory Uses Permitted
Animal Keeping
5.0
100
30%
800
125
10
20
25
35
5.0
200
30%
800
125
25
25
25
35
Apiculture
(Beekeeping)
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Bed and
Breakfast
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Equestrian
Establishment
5.0
100
30%
800
125
10
20
25
35
5.0
200
30%
800
125
25
25
25
35
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
118
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
Accessory Use s Permitt ed
RR Bulk Standards
Lot Dimensions
Required Yards
Building
Height
(max) ft
Accessory Uses
Permitted
Lot Area
(min) ac
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Garage Suites
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Garden Suites
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Home
Occupation
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Home Based
Business
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Private
Stables
5.0
100
30%
800
125
10
20
25
35
5.0
200
30%
800
125
25
25
25
35
Secondary
Suites
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Municipal Piped
Water and Sewer
Municipal Water Only OR No Piped Municipal
Services
Tri-Roads Planning District Zoning By-law 18/02/2018
119
6.0 Zoning Districts
6.14
Residential - First Density Zone - R1
6.14.1
Purpose:
This Zone is for Single Detached Dwellings intended to be used as permanent residences in a
settlement centre that should be serviced with piped municipal water and wastewater infrastructure.
6.14.2
Table 20: R1 Land Use
R1 Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Community
Garden
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Community
Housing
Services
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Dwelling,
Single
Detached
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Dwelling,
Semi-
Detached
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Dwelling,
Duplex
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Dwelling,
Triplex
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
1Corner Lot
2Key or Interior Lot
4 and 10 feet required
Rear Public Lane
No Rear Public Lane
120
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
1Corner Lot
2Key or Interior Lot
5 and 10 feet required
Rear Public Lane
No Rear Public Lane
R1 Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Park
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Utilities
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Conditional Uses
Mobile
Homes
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2 =
5/10
10
25
35
Off-Leash
Dog Area
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Accessory Uses Permitted
Bed and
Breakfast
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Secondary
Suites
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Garage Suites
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Garden Suites
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Home
Occupation
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Tri-Roads Planning District Zoning By-law 18/02/2018
121
6.0 Zoning Districts
6.14.3
R1 Bulk Standards
The following zone regulations apply to all allowable uses in the R1 Zone:
(1)
Minimum Lot Area for a Semi-detached dwelling unit split onto separate lots is
2,500 square feet per dwelling unit.
(2)
Minimum Lot Frontage for a Semi-detached dwelling unit split onto separate
lots is 25 feet per dwelling unit.
(3)
Minimum Interior Side Yard for interior or key lots may have one side yard no
smaller than 5 feet and shall have one side yard at least 10 feet in width.
(4)
Minimum Interior Side Yard for units split down party wall, setback shall be
reduced to zero for the lot line(s) corresponding to the vertical party wall(s) of
semi-detached dwellings.
122
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
6.15
Residential - Second Density Zone - R2
6.15.1
Purpose:
This Zone is for Single Detached, Semi-detached, Duplex, and Triplex Dwellings intended to
be used as permanent residences in a settlement centre, and serviced with piped municipal
water and wastewater infrastructure.
6.15.2
Table 21: R2 Land Use
R2 Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min)
ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Community
Garden
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Community
Care Facilities
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Community
Housing
Services
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Dwelling, Single
Detached
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Dwelling,
Semi-
Detached
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Dwelling,
Duplex
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
1Corner Lot
2Key or Interior Lot
5 and 10 feet required
Rear Public Lane
No Rear Public Lane
Tri-Roads Planning District Zoning By-law 18/02/2018
123
6.0 Zoning Districts
R2 Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min)
ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Dwelling,
Triplex
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Dwelling,
Multiple
Attached
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Dwelling,
Stacked
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Park
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Rooming and
Boarding
Houses
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Utilities
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Conditional Uses
Off-Leash
Dog Area
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
1Corner Lot
2Key or Interior Lot
5 and 10 feet required
Rear Public Lane
No Rear Public Lane
124
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
R2 Bulk Standards
Accessory
Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Bed and
Breakfast
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Secondary
Suites
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Garage Suites
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Garden Suites
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Home
Occupation
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
1Corner Lot
2Key or Interior Lot
5 and 10 feet required
6.15.3
R2 Bulk Standards
The following zone regulations apply to all allowable uses in the R2 Zone:
(1)
Minimum Lot Area for a Semi-detached dwelling unit split onto separate lots is
2,500 square feet per dwelling unit.
(2)
Minimum Lot Frontage for a Semi-detached dwelling unit split onto separate
lots is 25 feet per dwelling unit.
(3)
Minimum Lot Area for a Multiple Attached dwelling unit split onto separate lots
is 2,500 square feet per dwelling unit for the end units and 2,000 square feet
per dwelling unit for the interior units with common party walls on both sides.
(4)
Minimum Lot Frontage for a Multiple Attached dwelling unit split onto separate
lots is 25 feet per dwelling unit for the end units and 20 feet for the interior units
with common party walls on both sides.
Rear Public Lane
No Rear Public Lane
Tri-Roads Planning District Zoning By-law 18/02/2018
125
6.0 Zoning Districts
(5)
Minimum Interior Side Yard for interior or key lots may have one side yard no
smaller than 5 feet and shall have one side yard at least 10 feet in width.
(6)
Minimum Interior Side Yard for units split down party wall, setback shall be
reduced to zero for the lot line(s) corresponding to the vertical party wall(s) of
semi-detached, and multiple attached dwellings.
126
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
6.16
Residential - Third Density Zone - R3
6.16.1
Purpose:
This Zone enables Multiple Attached Dwellings, Stacked Dwellings, Apartment Dwellings,
Bungalow Clusters, Bungalow Courts, Community Care Facilities, and Nursing and
Residential Care Facilities in a settlement centre with piped services.
6.16.2
Table 22: R3 Land Use
R3 Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Bungalow
Clusters
8,000
100
50%
800
25
R1 = 8
N2 = 10
10
25
38
Bungalow
Courts
8,000
100
50%
800
25
R1 = 8
N2 = 10
10
25
38
Community
Care Facilities
5,000
50
50%
800
25
R1 = 5 N2
= 5/10
10
25
35
Community
Garden
5,000
50
50%
800
25
R1 = 5 N2
= 5/10
10
25
35
Community
Housing
Services
5,000
50
50%
800
25
R1 = 5 N2
= 5/10
10
25
35
Dwelling,
Single
Detached
5,000
50
50%
800
25
R1 = 5 N2
= 5/10
10
25
35
Dwelling,
Semi-
Detached
5,000
50
50%
800
25
R1 = 5 N2
= 5/10
10
25
35
Dwelling,
Duplex
5,000
50
50%
800
25
R1 = 5 N2
= 5/10
10
25
35
Dwelling,
Triplex
5,000
50
50%
400
25
R1 = 5 N2
= 5/10
10
25
35
Dwelling,
Multiple
Attached
8,000
100
50%
800
25
R1 = 8
N2 = 10
10
25
38
1Rear lane
2No rear lane
5/10 = 5 & 10 feet required
Tri-Roads Planning District Zoning By-law 18/02/2018
127
6.0 Zoning Districts
R3 Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Dwelling,
Stacked
5,000
50
50%
800
25
R1 = 5 N2
= 5/10
10
25
35
Dwelling,
Apartment
8,000
100
60%
400
25
R1 = 8
N2 = 10
10
25
45
Nursing and
Residential Care
Facilities
5,000
50
50%
800
25
R1 = 5 N2
= 5/10
10
25
35
Off-Leash
Dog Area
5,000
50
50%
800
25
R1 = 5 N2
= 5/10
10
25
35
Park
5,000
50
50%
800
25
R1 = 5 N2
= 5/10
10
25
35
Rooming and
Boarding
Houses
5,000
50
50%
800
25
R1 = 5 N2
= 5/10
10
25
35
Utilities
5,000
50
50%
800
25
R1 = 5 N2
= 5/10
10
25
35
Accessory Uses Permitted
Home
Occupation
5,000
50
50%
800
25
R1 = 5 N2
= 5/10
10
25
35
1Rear lane
2No rear lane
5/10 = 5 & 10 feet required
128
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
6.16.3
Performance Standards
Bungalow Clusters, Bungalow Courts, Community Care Facilities, Multiple Attached
Dwellings, Stacked Dwellings, Apartment Dwellings, and Nursing and Residential Care
Facilities shall be subject to the following:
(1)
Site Plan Approval / Design Review shall be required by the Development
Officer and Council, prior to the issuance of any building or development
permits, for the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
6.16.4
R3 Bulk Standards
The following zone regulations apply to all allowable uses in the R3 Zone:
(1)
Minimum Lot Area for a Semi-detached dwelling unit split onto separate lots is
2,500 square feet per dwelling unit.
(2)
Minimum Lot Frontage for a Semi-detached dwelling unit split onto separate
lots is 25 feet per dwelling unit.
(3)
Minimum Lot Area for a Multiple Attached dwelling unit split onto separate lots
is 2,500 square feet per dwelling unit for the end units and 2,000 square feet
per dwelling unit for the interior units with common party walls on both sides.
(4)
Minimum Lot Frontage for a Multiple Attached dwelling unit split onto separate
lots is 25 feet per dwelling unit for the end units and 20 feet for the interior units
with common party walls on both sides.
(5)
Minimum Interior Side Yard for interior or key lots may have one side yard no
smaller than 5 feet and shall have one side yard at least 10 feet in width.
(6)
Minimum Interior Side Yard for units split down party wall, setback shall be
reduced to zero for the lot line(s) corresponding to the vertical party wall(s) of
semi-detached, and multiple attached dwellings.
Tri-Roads Planning District Zoning By-law 18/02/2018
129
6.0 Zoning Districts
6.17
Commercial Main Street Zone - CM
6.17.1
Purpose:
This Zone enables the development of the traditional spines of settlement centres with a mix of
business and personal services in smaller boutique settings that serve the day-to-day needs of
residents and help make the street environment more walkable with active frontages. Certain
types of residential uses are allowed only above the ground floor or attached to the rear of the
structure in a mixed use building where other permitted uses are on the ground floor fronting the
public road.
6.17.2
Table 23: CM Land Use
CM Bulk Standards
Principle Uses
Conditional
Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Child Day-Care
Services
2,500
25
95%
10
0
0
20
60
Community
Centre
2,500
25
95%
10
0
0
20
60
Community
Garden
2,500
25
95%
10
0
0
20
60
Community
Health Centres
2,500
25
95%
10
0
0
20
60
Cultural Centre
2,500
25
95%
10
0
0
20
60
Drinking Places
2,500
25
95%
10
0
0
20
60
Dwelling Unit, Live
Work
2,500
25
95%
10
0
0
20
60
Dwelling,
Multiple
Attached
2,500
25
95%
10
0
0
20
60
Dwelling,
Stacked
2,500
25
95%
10
0
0
20
60
Dwelling,
Apartment
2,500
25
95%
10
0
0
20
60
Educational
Services
2,500
25
95%
10
0
0
20
60
130
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
CM Bulk Standards
Principle Uses
Conditional
Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Finance and
Insurance
2,500
25
95%
10
0
0
20
60
Fitness
and
Recreational
Sports Centres
2,500
25
95%
10
0
0
20
60
Funeral Homes
2,500
25
95%
10
0
0
20
60
Health Care
Offices
2,500
25
95%
10
0
0
20
60
Heritage
Institutions
2,500
25
95%
10
0
0
20
60
Hostel
2,500
25
95%
10
0
0
20
60
Hotels
2,500
25
95%
10
0
0
20
60
Interpretive
Centre
2,500
25
95%
10
0
0
20
60
Libraries
2,500
25
95%
10
0
0
20
60
Manufacturing
2,500
25
95%
10
0
0
20
60
Micro-Brewery
/ Distillery /
Winery
2,500
25
95%
10
0
0
20
60
Mobile Food
Services
2,500
25
95%
10
0
0
20
60
Movie Theaters
2,500
25
95%
10
0
0
20
60
Office
2,500
25
95%
10
0
0
20
60
Off-Leash Dog
Area
2,500
25
95%
10
0
0
20
60
Park
2,500
25
95%
10
0
0
20
60
Pavilion
2,500
25
95%
10
0
0
20
60
Performing Arts
Companies
2,500
25
95%
10
0
0
20
60
Tri-Roads Planning District Zoning By-law 18/02/2018
131
6.0 Zoning Districts
CM Bulk Standards
Principle Uses
Conditional
Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Front
Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Personal and
Household
Goods Repair
and
Maintenance
2,500
25
95%
10
0
0
20
60
Personal Service
Shops
2,500
25
95%
10
0
0
20
60
Pet Care Services
(except
veterinary)
2,500
25
95%
10
0
0
20
60
Postal Service
2,500
25
95%
10
0
0
20
60
Private Clubs
2,500
25
95%
10
0
0
20
60
Restaurants
2,500
25
95%
10
0
0
20
60
Retail Store
2,500
25
95%
10
0
0
20
60
Utilities
2,500
25
95%
10
0
0
20
60
Veterinary
Services
2,500
25
95%
10
0
0
20
60
Automotive
Repair
and
Maintenance
2,500
25
95%
10
0
0
20
60
Accessory Uses Permitted
Dwelling Unit,
Attached
2,500
25
95%
10
0
0
20
60
Outside Display
2,500
25
95%
10
0
0
20
60
Picnic Shelter
2,500
25
95%
10
0
0
20
60
132
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
6.17.3
Performance Standards
(1)
Site Plan Approval / Design Review shall be required by the Development
Officer and Council, prior to the issuance of any building or development
permits, for the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and detached
accessory buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
6.0 Zoning Districts
134
Tri-Roads Planning District Zoning By-law 18/02/2018
6.18
Commercial Highway Zone - CH
6.18.1
Purpose:
This Zone provide enables a wide array of uses and services to be located conveniently on
Provincial Trunk Highways or Roads, or arterial streets to better service a broad market
catchment area of residents, businesses, and the travelling public; and to be exposed to large
volumes of vehicle traffic including commercial vehicles. Characteristics include a dependency
on vehicle traffic, large parking areas, a dominance of vehicle use, and large land areas for
development especially to accommodate commercial vehicles. Limited residential uses are
allowed only above the ground floor, or attached to the rear of the structure in mixed use
buildings where other permitted uses are on the ground floor fronting the public road.
6.18.2
Table 24: CH Land Use
CH Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Agri-Business
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Auction House
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Auction Yard
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Automobile Dealers
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Automotive Repair and
Maintenance
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Contractor Service
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Drinking Places
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Municipal Piper Water
and Sewer
Municipal Water Only or No
Piped Services
6.0 Zoning Districts
Tri-Roads Planning District Zoning By-law 18/02/2018
135
CH Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Drive-Through Facility
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Dwelling Unit, Live Work
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Finance and Insurance
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Gasoline Stations
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Gasoline Stations with
Convenience Stores
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Heavy Equipment Sales,
Rental and Servicing
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Hotels
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Interpretive Centre
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Light Equipment Sales,
Rental and Servicing
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Micro-Brewery /
Distillery / Winery
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Mobile Food Services
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Motels
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Motor Hotels
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
6.0 Zoning Districts
136
Tri-Roads Planning District Zoning By-law 18/02/2018
CH Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Motorcycle, Boat and
Other Motor Vehicle
Dealers
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Municipal Fire-Fighting
Services
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Office
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Parking Lot
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Postal Service
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Private Clubs
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Public Works Yard
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Recreational Vehicle
Dealers
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Restaurants
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Retail Trade
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Scenic and Sightseeing
Transportation
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Utilities
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Wholesale Trade
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Municipal Piper Water
and Sewer
Municipal Water Only or No
Piped Services
6.0 Zoning Districts
Tri-Roads Planning District Zoning By-law 18/02/2018
137
CH Bulk Standards
Principle Uses
Conditional
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Child Day-Care Services
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Cultural Centre
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Funeral Homes
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Heritage Institutions
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Movie Theaters
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Place of Worship
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Veterinary Services
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Accessory Uses Permitted
Apiculture
(Beekeeping)
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Dwelling Unit,
Attached or
Detached
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Outside Display
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Outside Storage
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
6.0 Zoning Districts
138
Tri-Roads Planning District Zoning By-law 18/02/2018
6.19
Light Industrial Zone - EL
6.19.1
Purpose:
This Zone provide areas for employment uses that occur entirely within an enclosed building
with limited use of outside areas to employee parking; not more than 2 loading areas; and
makes use of vehicles with GVWR less than 33,000 lbs. Retail trade accessory to the
employment activity may be allowable. Habitable spaces are allowed in limited forms to
only accommodate on-site workers, the business owner, caretaker, security guard or similar
employee.
6.19.2
Table 25: EL Land Use
EL Bulk Standards
Principle Uses Permitted
Required Yards
Building
Height
(max) ft
Front Yard
(min) ft
Interior
Side Yard ft
Exterior
Side Yard ft
Rear Yard
(min) ft
Agri-Business
40
5
15
25
35
Agri-Manufacturing
40
5
15
25
35
Auction House
40
5
15
25
35
Child Day-Care Services
40
5
15
25
35
Contractor Service
40
5
15
25
35
Dwelling Unit, Live Work
40
5
15
25
35
Educational Services
40
5
15
25
35
Fitness and Recreational
Sports Centres
40
5
15
25
35
Funeral Homes
40
5
15
25
35
Light Equipment Sales,
Rental and Servicing
40
5
15
25
35
Manufacturing
40
5
15
25
35
Micro-Brewery /
Distillery / Winery
40
5
15
25
35
Municipal Fire-Fighting
Services
40
5
15
25
35
Office
40
5
15
25
35
6.0 Zoning Districts
Tri-Roads Planning District Zoning By-law 18/02/2018
139
EL Bulk Standards
Principle Uses Permitted
Required Yards
Building
Height
(max) ft
Front Yard
(min) ft
Interior
Side Yard ft
Exterior
Side Yard ft
Rear Yard
(min) ft
Personal and Household
Goods Repair and
Maintenance
40
5
15
25
35
Pet Care Services
(except veterinary)
40
5
15
25
35
Scientific Research and
Development Services
40
5
15
25
35
Self-Storage
Mini-Warehouses
40
5
15
25
35
Testing Laboratories
40
5
15
25
35
Utilities
40
5
15
25
35
Veterinary Services
40
5
15
25
35
Warehousing and
Storage
40
5
15
25
35
Wholesale Trade
40
5
15
25
35
Conditional Uses
Outside Storage
40
5
15
25
35
Accessory Uses Permitted
Apiculture (Beekeeping)
40
5
15
25
35
Dwelling Unit, Detached
40
5
15
25
35
Dwelling Unit, Attached
40
5
15
25
35
Mobile Food Services
40
5
15
25
35
Retail Trade
40
5
15
25
35
Rooming and Boarding
Houses
40
5
15
25
35
6.0 Zoning Districts
140
Tri-Roads Planning District Zoning By-law 18/02/2018
6.20
Airport Industrial Zone - EA
6.20.1
Purpose:
This Zone provides for airport operations, and enables complementary land-uses associated with
airport functions and activities such as tourist accommodations, commercial and employment uses.
6.20.2
Table 26: EA Land Use
EA Bulk Standards
Principle Uses Permitted
Required Yards
Building
Height
(max) ft
Front Yard
(min) ft
Interior
Side Yard ft
Exterior
Side Yard ft
Rear Yard
(min) ft
Agri-Business
50
5
15
25
45
Agri-Manufacturing
50
5
15
25
45
Airport Operations
50
5
15
25
45
Auction House
50
5
15
25
45
Child Day-Care Services
50
5
15
25
45
Contractor Service
50
5
15
25
45
Cultural Centre
Drinking Places
50
5
15
25
45
Educational Services
50
5
15
25
45
Fitness and Recreational
Sports Centres
50
5
15
25
45
Gasoline Stations
50
5
15
25
45
Hostel
50
5
15
25
45
Hotels
50
5
15
25
45
Manufacturing
50
5
15
25
45
Mobile Food Services
50
5
15
25
45
Motorcycle, Boat and Other
Motor Vehicle Dealers
50
5
15
25
45
Motor Hotels
50
5
15
25
45
Municipal Fire-Fighting
Services
50
5
15
25
45
6.0 Zoning Districts
Tri-Roads Planning District Zoning By-law 18/02/2018
141
EA Bulk Standards
Principle Uses Permitted
Required Yards
Building
Height
(max) ft
Front Yard
(min) ft
Interior
Side Yard ft
Exterior
Side Yard ft
Rear Yard
(min) ft
Office
50
5
15
25
45
Outside Storage
50
5
15
25
45
Parking Lot
50
5
15
25
45
Postal Service
50
5
15
25
45
Private Clubs
50
5
15
25
45
Public Works Yard
50
5
15
25
45
Restaurants
50
5
15
25
45
Retail Trade
50
5
15
25
45
Scenic and Sightseeing
Transportation
50
5
15
25
45
Self-Storage
Mini-Warehouses
50
5
15
25
45
Truck Transportation
50
5
15
25
45
Utilities
50
5
15
25
45
Warehousing and
Storage
50
5
15
25
45
Wholesale Trade
50
5
15
25
45
Accessory Uses Permitted
Dwelling Unit, Attached
50
5
15
25
45
Rooming and Boarding
Houses
50
5
15
25
45
6.0 Zoning Districts
142
Tri-Roads Planning District Zoning By-law 18/02/2018
6.21
Heavy Industrial Zone - EH
6.21.1
Purpose:
This Zone means establishments that, due to their appearance, smoke, fumes, noise, odour,
routine use of medium to heavy commercial vehicles, risk of toxic emissions, or high risk of fire
and explosion hazards, are incompatible with residential and other land-uses. Heavy
Industrial land-uses are where one of the following activities occur:
(a)
The manufacturing, fabricating, processing, assembly or disassembly of materials, semi-
finished goods, finished goods, products or equipment, provided live animals are not
involved in any aspect of the operation where part or all of the processes and functions
associated with the use are located outside of a building.
(b)
The cleaning, servicing, testing, repairing or maintenance of industrial or commercial
goods and equipment where part or all of the processes and functions associated with
the use are located outside of a building.
(c)
The crushing, dismantling, sorting or processing of discarded goods outside a building.
(d)
Establishments that routinely make use of, or store or park overnight outside a building,
vehicles with GVWR greater than 33,001 lbs. or more than 6 vehicles with GVWR
greater than 19,501 lbs.
(e)
Establishments whose sole purpose is to provide for the consolidation, division and/ or
distribution of bulk goods through the use of Truck Tractor/Trailer Combinations.
(f)
The intermodal system of transport whereby two or more modes of transport are used
to transport the same loading unit or truck in an integrated manner, without loading or
unloading, in a transport chain.
(g)
Establishments where part or all of the processes and functions associated with the use
are located outside of a building, including the function of routinely using Truck
Tractor/Trailer Combinations with 4 or more axles, or railway cars.
(h)
A railyard where an area of land, a portion of which is covered by a system of tracks,
that provides for the making up of trains by one or more railroads or private industry
concerns. Necessary functions of a railyard include but are not limited to the classifying,
switching, storing, assembling, distributing, consolidating, moving, repairing, weighing, or
transferring of cars, trains, engines, locomotives, and rolling stock.
(i)
The occupancy contains sufficient quantities of highly combustible and flammable or
explosive materials to constitute a special fire hazard because of their inherent
characteristics. Habitable spaces are allowed in limited forms to only accommodate on-
site workers, the business owner, caretaker, security guard or similar employee.
6.0 Zoning Districts
Tri-Roads Planning District Zoning By-law 18/02/2018
143
6.21.2
Table 27: EH Land Use
EH Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Aggregate Quarry
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Auction House
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Auction Yard
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Automotive Repair and
Maintenance
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Child Day-Care
Services
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Contractor Service
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Crematorium
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Funeral Homes
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Gasoline Stations
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Heavy Equipment Sales,
Rental and Servicing
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Light Equipment Sales,
Rental and Servicing
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Manufacturing
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Micro-Brewery /
Distillery / Winery
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
6.0 Zoning Districts
144
Tri-Roads Planning District Zoning By-law 18/02/2018
EH Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Motorcycle, Boat and
Other Motor Vehicle
Dealers
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Motor Vehicle Towing
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Municipal Fire-Fighting
Services
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Outside Storage
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Parking Lot
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Postal Service
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Public Works Yard
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Restaurants
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Scientific Research and
Development Services
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Self-Storage
Mini-Warehouses
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Testing Laboratories
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Truck Transportation
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Utilities
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
6.0 Zoning Districts
Tri-Roads Planning District Zoning By-law 18/02/2018
145
EH Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Warehousing and
Storage
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Wholesale Trade
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Accessory Uses Permitted
Dwelling Unit,
Detached
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Dwelling Unit,
Attached
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Mobile Food Services
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Retail Trade
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Rooming and Boarding
Houses
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Outside Storage
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
Schedule B:
Tri-Roads Planning District Zoning By-law No.
18/02/2018 Zoning Maps