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TOWN OF NIVERVILLE
ZONING BYLAW
Bylaw No. 795-18
December 18, 2018
This document is an office consolidation of by-law amendments which has
been prepared for the convenience of the user. The Community Planning
Branch expressly disclaims any responsibility for errors or omissions.
Town of Niverville By-Laws
Amending the Town of Niverville Zoning By-law (Adopting By-Law 795-18)
ADOPTING
BY-LAW
CHANGES & AMENDMENTS
CONTENT AFFECTED
REMARKS
TEXT
MAP
808-19
-
Zoned part of Lots 3-5 Plan 63084, Part 36-7-3E (former road access) as
"RLD" Residential Low Density
X
810-19
-
Rezoned Pt. Parcel A Plan 12653 and Lots 1-10, Block 2, Plan 23182
WLTO from "MM" Industrial Mixed-Use Zone to "CC" Commercial
Corridor Zone.
X
813-19
-
Rezoned Lot 1 Plan 62637 from "RMD" Residential Medium Density to
"PR" (Public Reserve A & B) and "RMD" Residential Medium Density
to "RSU" Residential Single Unit (Lots 1-10 Blk 1 & Lots 1-18 Blk 2);
and Lots 1 Plan 47174 rezoned from "RMD" Residential Medium
Density to "PR" Parks and Open Space
X
820-20
-
Text changes
X
824-20
-
Multiple rezonings in SE 25-7-3E
X
830-21
-
Rezoned Part of Lot 11 Block 2 Plan 33425 and Part of Lot 1 Plan 47174
from "RMD" Residential Medium Density to "RLD" Residential Single
Unit Zone; and Lot 19 Block 2 Plan 66425 and Block 3 Plan 66425
rezoned from "RMD" Residential Medium Density to "RLD" Residential
Low Density Zone.
X
833- 21
-
Rezoned Lots 4 and 5, Plan 47174 from "RSU" Residential Single Unit
to "RMD" Residential Medium Density.
X
Town of Niverville By-Laws
Amending the Town of Niverville Zoning By-law (Adopting By-Law 795-18)
ADOPTING
BY-LAW
CHANGES & AMENDMENTS
CONTENT AFFECTED
REMARKS
TEXT
MAP
834-21
-
Rezoned Pt. Lot 1 Plan 63764 in SE ¼ 25-7-3 EPM from "CC"
Commercial Corridor to "RHD" Residential High Density; "CC"
Commercial Corridor to "PR" Parks and Open Space; and "CC"
Comercial Corridor to "RMD" Residential Medium Density.
X
835-21
-
Text changes
X
842-22
-
Rezoned the area generally described as being the easterly 1000 feet of
the westerly 1350 feet of the northerly 1000 feet of the NW ¼ 25-7-3E
EXC. FIRSTLY ROAD PLAN 12588 WLTO from "AL" Agricultural
Limited to "CC" Commercial Corridor
X
January 25, 2023
Town of Niverville Zoning Bylaw 795-18
2
HOW TO USE THIS ZONING BY-LAW
This zoning bylaw regulates the use, size, height and location of buildings on properties within the
Town of Niverville. There is a simple four-step process to determine the uses and structures that are
permitted on a specific piece of property.
Step One
What zone is your property located in?
-
Use the Zoning Map in Schedule A to determine the zoning for your property.
-
Reference [Part 6: Zones] for a description of the intent of that particular zone.
-
Look in the Development Plan and any Secondary Plan that applies to your
property to confirm your proposal fits with the applicable policies in those
documents.
Step Two
What uses are permitted in your zone?
-
Find the column with the zone of your property in the Bulk and Use Tables in Part 6:
Zones
-
Uses marked with the letter [P] are permitted uses and may be developed once
you have received a development permit.
-
Uses marked with the letter [C] are conditional uses that may or may not be
acceptable in a zone depending on the particular circumstances of a proposed
development. Conditional uses require a public hearing process and may have
extra conditions imposed on the use to make it acceptable for the location.
-
Uses marked with a [*] have use-specific requirements that are provided in Part 5:
Use-Specific Standards.
Step Three
How and where can you develop properties in your zone?
-
Find the column with the zone of your property in the Bulk and Use Tables in Part 6:
Zones
-
The Bulk Table provides information on allowable height of buildings and
structures, required yards, and other spatial requirements for a property.
-
To understand the specific details of these requirements, you may need to
reference the General Regulations [Part 3] and the Definitions [Part 4].
Step Four
What kind of permits do you need?
-
In most cases, you will need a development permit before you start any change in
land use or any development (including construction of a building) on a property.
-
Check the Administration section [Part 2] to see if your planned development is
exempt from needing a development permit. If so, you may proceed with
development, as long as it meets the other requirements in this zoning bylaw and
other applicable bylaws.
-
If you need a development permit, fill out a development permit application.
-
You are responsible for finding out any other provincial or federal regulations
applying to your development, as well as any other required local permits,
including building permits, plumbing permits, electrical permits, demolition permits,
etc.
Town of Niverville Zoning Bylaw 795-18
3
THE TOWN OF NIVERVILLE BYLAW NO. 795-18
A bylaw of the Town of Niverville to regulate the use and development of land.
WHEREAS, Section 68 of The Planning Act requires a municipality to adopt a zoning bylaw
that is generally consistent with the development plan bylaw in effect in the municipality;
AND WHEREAS, under Part 4 Division 1 of The Planning Act, the Town of Niverville has, by
bylaw, adopted the Town of Niverville Development Plan;
NOW THEREFORE, the Council of the Town of Niverville in meeting duly assembled, enacts
as follows:
1. That Zoning Bylaw No. 795-18 attached is hereby adopted;
2. The Bylaw shall be known as the Town of Niverville Zoning ByLaw;
3. That Bylaw 663-08, as amended, is repealed;
4. That this Bylaw shall come into force upon Third Reading.
DONE AND PASSED in Council duly assembled at the Town of Niverville, Manitoba, this
18th day of December, 2018.
-------------------------------
Mayor
-------------------------------
Chief Administrative Officer
READ A FIRST TIME this 13th day of November, 2018.
READ A SECOND TIME this 18th day of December, 2018.
READ A THIRD TIME this 18th day of December, 2018.
Town of Niverville Zoning Bylaw 795-18
4
Table of Contents
PART 1: Applicability and Scope ..................................................................... 7
1.1
Title ................................................................................................................ 7
1.2
Scope ............................................................................................................ 7
1.3
Application ................................................................................................... 7
1.4
Use and Development of Land and Buildings Must Comply ....................... 7
1.5
Restrictions in Other Bylaws or Federal and Provincial Laws ....................... 7
1.6
Does Not Promote Nuisance ........................................................................ 7
PART 2: Administration ................................................................................... 8
2.1
Administration and Enforcement .................................................................. 8
2.2
When Development Permits are Required ................................................... 8
2.3
Development Permits and Other Permits ..................................................... 8
2.4
When Development Permits are Not Required ............................................ 8
2.5
Applications for Development Permits ......................................................... 9
2.6
Existing Development Permits ...................................................................... 9
2.7
Development Permit Expiry .......................................................................... 9
2.8
The Development Officer .............................................................................. 9
2.9
Roles of the Development Officer ................................................................ 9
2.10
Responsibilities of Council ....................................................................... 10
2.11
Application for Amendments, Variances and Conditional Uses ............ 10
2.12
Expiry of Approval ................................................................................... 10
2.13
Subdivisions ............................................................................................. 11
2.14
Development Agreement ....................................................................... 11
2.15
Duties of the Owner ................................................................................. 11
2.16
Existing Uses, Buildings and Structures .................................................... 11
2.17
Previous Violations ................................................................................... 11
2.18
Site Reduced ............................................................................................ 12
2.19
Non-Conformities ..................................................................................... 12
2.20
Public Works and Services ....................................................................... 13
2.21
Rules of Construction ............................................................................... 13
2.22
Interpretation ........................................................................................... 13
2.23
Enforcement............................................................................................. 15
PART 3: General Regulations ......................................................................... 16
3.1
Regulation of Uses....................................................................................... 16
3.2
Multiple Uses or Provisions .......................................................................... 16
3.3
Secondary Uses and Structures .................................................................. 16
3.4
Accessory Buildings and Structures ........................................................... 16
3.5
Subdivision of Lots With or Without Attached Dwellings and Buildings ...... 17
3.6
Required Yards ............................................................................................ 17
3.7
Established Street Standards for Front Yards .............................................. 18
3.8
Temporary Buildings, Structures, or Uses .................................................... 18
3.9
Road Access ............................................................................................... 18
3.10
Service Connections ............................................................................... 18
3.11
Public and Public Utilities ......................................................................... 18
Town of Niverville Zoning Bylaw 795-18
5
3.12
Bare Land Condominiums ....................................................................... 19
3.13
Setback Standards .................................................................................. 21
3.14
Air Conditioning Units, Pool Equipment and Compressors ..................... 21
3.15
Height Exceptions .................................................................................... 21
3.16
Future Road Allowance Deemed Existing ............................................... 21
3.17
Outdoor Lighting ...................................................................................... 21
3.18
Parking ..................................................................................................... 22
3.19
Parking Spaces ........................................................................................ 25
3.20
Accessible Parking Spaces ..................................................................... 25
3.21
Visitor Parking Spaces ............................................................................. 26
3.22
Loading Requirements ............................................................................. 26
3.23
Entrances and Exits for Auto-Oriented Businesses .................................. 27
3.24
Vehicular-Oriented Uses ......................................................................... 28
3.25
Fences ...................................................................................................... 29
3.26
Exterior Wood Burning Furnaces .............................................................. 30
3.27
Private Communication Facilities ............................................................ 30
PART 4: Definitions ......................................................................................... 31
4.1
Definitions in The Planning Act .................................................................... 31
4.2
Definitions in this Bylaw ............................................................................... 31
PART 5: Use-Specific Standards ..................................................................... 56
5.1
Standards for Animal Keeping .................................................................... 56
5.2
Standards for Bed and Breakfasts .............................................................. 56
5.3
Standards for Campgrounds or RV Parks ................................................... 57
5.4
Standards for Two-Unit Dwellings ................................................................ 57
5.5
Standards for Multi-Unit Dwellings .............................................................. 57
5.6
Standards for Home-Based Businesses ...................................................... 57
5.7
Standards for Home Industries .................................................................... 58
5.8
Standards for Planned Unit Developments ................................................. 59
5.9
Standards for Secondary Suites .................................................................. 60
5.10
Standards for Shipping Containers .......................................................... 60
5.11
Standards for Apiaries ................................................................................ 61
5.12
Standards for Portable Garages ................................................................ 61
5.13
Standards for Solar Collectors .................................................................... 61
5.14
Standards for Swimming Pools and Hot Tubs .......................................... 61
5.15
Standards for Wind Energy Generating Systems ..................................... 62
5.16
Standards for Temporary Additional Dwellings ....................................... 62
5.17
Standards for Caretaker's Residence .................................................... 623
PART 6: Zones ................................................................................................ 64
6.1
Establishing Zones ....................................................................................... 64
6.2
Zoning Boundaries ...................................................................................... 64
6.3
Permitted and Conditional Uses ................................................................. 64
6.4
Bulk Regulations .......................................................................................... 65
6.5
Use-Specific Standards ............................................................................... 65
PR - Parks and Open Space Zone ............................................................................. 66
Town of Niverville Zoning Bylaw 795-18
6
AL - Agriculture Limited Zone ..................................................................................... 67
RR - Rural Residential Zone ......................................................................................... 69
RSU - Residential Single Unit Zone .............................................................................. 70
RLD - Residential Low Density Zone .......................................................................... 71
RMD - Residential Medium Density Zone ................................................................. 72
RHD - Residential High Density Zone ......................................................................... 74
RMU - Residential Mixed-Use Zone ............................................................................ 75
RCC -Recreational Community Complex Zone .................................................... 77
CMS - Commercial Main Street Zone ....................................................................... 78
CN - Commercial Neighbourhood Zone ................................................................. 80
CC - Commercial Corridor Zone ............................................................................... 82
MG - Industrial General ............................................................................................... 85
MM - Industrial Mixed Use Zone ................................................................................. 87
EI - Educational and Institutional Zone ..................................................................... 89
PART 7: Signage ............................................................................................ 91
7.1
Definitions .................................................................................................... 91
7.2
General Sign Regulations ........................................................................... 93
SCHEDULE A: ZONING MAPS .......................................................................... 97
Town of Niverville Zoning Bylaw 795-18
7
PART 1: Applicability and Scope
1.1
Title
This bylaw shall be known as the Town of Niverville Zoning Bylaw.
1.2
Scope
This bylaw applies to all lands in the Town of Niverville as indicated on the Zoning
Map (Schedule A) of this bylaw.
1.3
Application
This bylaw regulates:
a) the construction, erection, alteration, enlargement or placing of buildings
and structures;
b) the establishment, alteration, or enlargement of uses of land, buildings
and structures; and
c) all other forms of development not included above.
1.4
Use and Development of Land and Buildings Must Comply
Within the Town of Niverville, no land, building or structure shall be used or
occupied, and no building or structure shall be constructed, erected, altered,
enlarged or placed, except in accordance with this bylaw.
1.5
Restrictions in Other Bylaws or Federal and Provincial Laws
Whenever a provision of another bylaw or a law or regulation of the provincial or
federal government contains a restriction governing the same subject matter
contained in this bylaw, or imposes inconsistent regulations with respect to uses,
buildings, or structures, the most restrictive or highest standard shall prevail.
1.6
Does Not Promote Nuisance
Nothing in this bylaw or in a development permit, approval of a conditional use,
variance order or other approval issued under this bylaw shall be construed as
authorization for the carrying out of any activity which is a nuisance due to noise,
odour, emission, vibration or other cause.
Town of Niverville Zoning Bylaw 795-18
8
PART 2: Administration
This bylaw shall be administered in accordance with the provisions of The Planning Act
and this PART.
2.1
Administration and Enforcement
In the administration and enforcement of this bylaw, the Town shall have all of the
powers of inspection, remedy and enforcement provided under Part 12 of The
Planning Act.
2.2
When Development Permits are Required
A development permit is required for any of the following, except as otherwise
provided for in this bylaw:
a) the erection, construction, enlargement, structural alteration or placing of a
building or structure, either permanent or temporary
b) the establishment of a use of land or a building or structure
c) the change of a use of land or a building or structure from the existing use to
a use which is not a permitted use
d) the alteration or enlargement of an approved conditional use
2.3
Development Permits and Other Permits
The issuance of a development permit in respect of building or structure does not
affect the obligation to obtain a building permit or other permit where required
under the building bylaw, or another law, bylaw or regulation, for such a building
or structure.
2.4
When Development Permits are Not Required
A development permit is not required for the following:
a) incidental alterations
b) agricultural cropping of land
c) the erection, construction, enlargement, structural alteration or placing of
the following as accessory structures:
i)
fences
ii) signs, not including advertising signs where they are conditional uses
iii) outdoor lighting
iv) flagpoles
v) sheds and buildings for the storage of domestic equipment and
supplies with a floor area of less than 108 square feet (including sheds
and buildings on skids)
vi) garden houses, pergolas or children's playhouses less than 108 square
feet
vii) private communications facilities less than 20 feet tall or 2 feet in
diameter
viii) unenclosed patios at ground level
ix) decks under 24 inches in height (attached or detached)
x) hot tubs equipped with a lockable cover that is capable of supporting
the weight of an adult walking across the top of a cover when closed
B/L 835-21
Town of Niverville Zoning Bylaw 795-18
9
xi) An unenclosed deck or a deck enclosed by a rail or parapet wall and
a wheelchair ramp, all of which having a floor less than 0.61 m. (2.00 ft.)
above grade`
d) Despite not requiring a development permit, all items in this provision shall
be subject to requirements of this bylaw.
2.5
Applications for Development Permits
An application for a development permit:
a) shall be made by the owner or owners of the parcel in question, or by a
person authorized in writing by them
b) shall be accompanied by plans drawn to scale showing the following:
i)
the shape and dimensions of the parcel to be used or built on
ii) the location and dimensions of existing buildings and structures
iii) the location and dimensions of any proposed building, structure,
enlargement or alteration
iv) the use or uses of each existing and proposed building and structure,
or of the land, and the area to be occupied by each use including
vehicular access, utility connections, parking areas, loading areas,
water, sewer, or signage (where applicable)
v) such items as may be requested by the Designated Officer
c) shall be accompanied by the fee prescribed by the Town.
2.6
Existing Development Permits
Unless otherwise provided for herein, development permits issued prior to the
effective date of this by-law shall be considered valid for the purpose of this by-
law provided all the conditions under which the permit was issued are complied
with.
2.7
Development Permit Expiry
A development permit shall expire and the right of an owner under that permit
shall terminate if the work authorized by the permit is not commenced within
twelve (12) months from the date of issuance of the permit, and completed
within 24 months, or within any extensions in writing of that time period granted by
the Designated Officer, and is not reasonably continued without interruption after
the end of such period.
2.8
The Development Officer
In accordance with The Planning Act the position of the Development Officer is
hereby established. The person appointed as Development Officer by the Chief
Administrative Officer shall assume the role of the Development Officer for the for
the purposes of The Planning Act.
2.9
Roles of the Development Officer
The Development Officer shall have the authority to:
a) issue development permits and exercise the powers of administration,
inspection, remedy and enforcement provided in Part 12 of The Planning
Act;
b) refuse to issue a development permit where:
i)
the development permit application, or any information
accompanying the development permit application, is incorrect or
incomplete;
Town of Niverville Zoning Bylaw 795-18
10
ii) the proposed building, structure or use does not, to the Designated
Officer's knowledge, comply with this zoning bylaw, the Building Bylaw
(if applicable) or with any other law;
c) revoke or amend a development permit where the development permit
was issued in error;
d) make a minor variance order, without the need for a public hearing, for
any proposed change that varies:
i)
any height, distance, area, size of use requirement in the zoning bylaw
by no more than 15 per cent;
ii) the number of parking spaces required by the zoning bylaw by no
more than 15 per cent.
Disagreements regarding the interpretation of the Zoning By-Law may be
forwarded to Council for clarification.
2.10
Responsibilities of Council
Subject to the provisions of the Planning Act, the Council is responsible for:
a) Considering the adoption or rejection of proposed amendments or the
repeal of this by-law;
b) Acting as a Variance and Conditional Use Board;
c) Considering the approval or rejection of variance and conditional use
applications; and for revoking an authorized variance and/or conditional
use for violation of any additional conditions imposed by it; and
d) Establishing a schedule of fees.
2.11
Application for Amendments, Variances and Conditional Uses
An application for a variance, or conditional use, or an amendment to this bylaw
must be in the proper form and must be accompanied by the fee prescribed by
the Town. The application must also be accompanied by:
i)
plans drawn to scale showing the shape and dimensions of the
affected property;
ii) plans drawn to scale showing the location and dimensions of existing
buildings and structures;
iii) plans drawn to scale showing the location and dimensions of the
proposed building, structure, enlargement or alteration;
iv) a description of the use or uses of each existing and proposed building
or structure, or of the land and the area to be occupied by each use;
v) a description of the reason why the variance, conditional use, or
amendment to this bylaw is being requested;
vi) any other information required by the Designated Officer to
determine compliance with, and to provide for enforcement of, this
bylaw.
2.12
Expiry of Approval
The approval of Council of a variance or conditional use shall expire and cease
to have any effect if it is not acted upon within twelve (12) months of the date of
decision or be discontinued for a period of six months. Approval can be renewed
prior to the expiry date at the discretion of Council for an additional period of up
to twelve (12) months.
Town of Niverville Zoning Bylaw 795-18
11
2.13
Subdivisions
Approval of a subdivision of land is subject to the provisions contained in The
Planning Act and to the policies contained within the Town of Niverville
Development Plan and amendments thereto. Parcels or lots resulting from said
subdivision must conform to the site area and site width requirements of the zone
in which they are located as established herein otherwise a variance may be
required.
Notwithstanding the fact that a parcel of land may exceed the minimum site
area and site width requirements, the Council is not, in any manner, obligated to
approve a subdivision of said parcel.
2.14
Development Agreement
Where an application is made for a subdivision, variance, conditional use or
amendment to this by-law, Council may require the owner to enter into a
development agreement in accordance with the Planning Act.
2.15
Duties of the Owner
Subject to the provisions of The Planning Act, the Owner is responsible for:
a) The preparation of all application forms and drawings which are required to
be submitted to the Designated Officer in accordance with the provisions
of this by-law and The Planning Act;
b) Obtaining all necessary permits and approvals which may be required by
the Board, Council or any agencies or departments of the provincial or
federal governments, prior to the commencement of construction, or the
change of use of any land, building or structure;
c) Ensuring that all work is completed in accordance with the approved
application and development permit;
d) Obtaining the written approval of the Designated Officer before doing any
work at variance with the approved development permit; and
e) Permitting the Designated Officer to enter any premises at any reasonable
time for the purpose of administering or enforcing this by-law, and shall not
molest, obstruct, or interfere with the Designated Officer in the discharge of
his/her duties under this by-law.
2.16
Existing Uses, Buildings and Structures
An existing use, building or structure which is classified as a permitted use, building
or structure in this by-law shall be allowed to continue to exist, and may be
enlarged or expanded, may be changed to another permitted use, or may be
replaced if destroyed.
Where a use is classified as a conditional use under this by-law or amendments
thereto, and legally exists as a permitted or conditional use at the date of the
adoption of this by-law or amendments thereto, it shall be considered as a legally
existing conditional use.
2.17
Previous Violations
Unless otherwise provided for herein, an existing building, structure or use that was
illegal under the provisions of any planning scheme or zoning by-law in force on
the effective date of this by-law and amendments thereto shall not become or
be made legal solely by reason of the adoption of this by-law; and to the extent
that, and in any manner that, said illegal building, structure or use is in conflict
Town of Niverville Zoning Bylaw 795-18
12
with the requirements of this by-law, said building, structure or use shall remain
illegal hereunder.
2.18
Site Reduced
An existing site area or site width or required yard reduced below the minimum
requirements of this by-law by virtue of a public works or street shall be deemed
to conform to the requirements of this by-law.
2.19
Non-Conformities
A legally existing non-conforming use and a non-conforming building, structure,
parcel of land or sign shall be regulated in accordance with and subject to the
provisions of the Planning Act, unless otherwise provided for herein:
1) Any lawful building or structure which does not conform to one or more of
the applicable yard requirements of the zone in which is it located, either
on the effective date of this by-law or amendments thereto, shall be
deemed to be a lawfully existing permitted building or structure and shall
be used as if it conformed to all such requirements;
2) Any expansion, addition, relocation or reconstruction of a non-conforming
use or a non-conforming building or structure shall conform to the site
requirements and parking and loading requirements of the zoning district in
which it is located unless varied by a variance order pursuant to the
provisions of the Planning Act;
3) Repairs or incidental alterations may be made to a non-conforming
structure subject to approval and issuance of a development permit, where
necessary;
4) The use of land or the use of a building is not affected by change of
ownership, tenancy or occupancy of the land or building;
5) Any owner may apply to the Designated Officer for a Zoning Memorandum
in accordance with the provisions of the Planning Act;
6) Pursuant to the provisions of the Planning Act, where Council determines
that a building or structure is damaged or destroyed fifty percent (50%) or
more of its replacement value above its foundation, the said building or
structure may be replaced or rebuilt, but only in conformation with this by-
law or its amendments, or where such requirements are varied by a
variance order;
7) Pursuant to the provisions of the Planning Act, a non-conforming parcel,
meaning any lawful site existing at the adoption of this by-law which does
not comply with the site area and/or site width herein, may be occupied
by any building, structure or use provided:
a. That the building, structure or use is listed as a permitted or conditional
use within the zone in which said use is located;
b. That all other requirements of the zone in which the parcel is located,
such as yards, building height, and floor area, are met; and/or
c. Variance orders have been obtained to alter the requirements within
the particular zone;
8) Notwithstanding the provision of this subsection, a variance order shall not
be required where a non-conforming use, building, structure, sign or parcel
is being altered so that the non-conformity is not increased even though the
resulting alteration does not fully comply with the requirements set forth
herein;
9) A non-conforming use of a structure or of a parcel of land, or portion
thereof, which is, or hereafter becomes, abandoned, vacant or
Town of Niverville Zoning Bylaw 795-18
13
unoccupied, and remains vacant and unoccupied for twelve (12)
consecutive months must not be used after that time except in conformity
with the Zoning By-law; and
10) A use that is accessory to a non-conforming use may continue as long as
the non-conforming use exists.
2.20
Public Works and Services
Nothing in this by-law shall be so interpreted as to interfere with the construction,
maintenance and operation of the facilities of any public utility, as defined by this
by-law, or public service such as police and fire protection, provided that the
requirements of such public utility or public service is of a standard compatible
with the adjacent area as determined by the Designated Officer and/or Council,
and that any building or structure erected in any zone complies with the yard
and area requirements applicable to the zone.
Nothing in this by-law shall be so interpreted as to interfere with the maintenance
or erection of monuments, statuary, and similar structures.
2.21
Rules of Construction
The following rules of construction apply to the text of this by-law:
a) Words, phrases and terms are as defined within this by-law;
b) Words, phrases and terms not defined within this by-law shall be as defined in
The Planning Act, The Municipal Act, The Buildings and Mobile Homes Act, The
Manitoba Building Code, the Building or Plumbing By-laws of the Town of
Niverville (if any), and other appropriate provincial acts and regulations;
c) Words, phrases and terms neither defined in this by-law nor in an applicable
Building or Plumbing By-law or other appropriate provincial acts and
regulations shall be given their usual and customary meaning except where
Council determines the context clearly indicates a different meaning;
d) Unless the context clearly indicates the contrary, where a regulation involves
two or more items, conditions, provisions or events connected by the
conjunction "and," "or" or "either-or," the conjunction shall be interpreted as
follows:
i. "and" indicates that all the connected items, conditions,
provisions or events shall apply in any combination;
ii. "or" indicates that the connected items, conditions, provisions
or events may apply singly but not in combination; and
iii. "either-or" indicates that the connected items, conditions,
provisions or events shall apply singly but not in combination.
e) The word "includes" or "including" shall not limit a term to the specified
examples, but is intended to extend the meaning to all instances or
circumstances of like kind or character; and
f)
The phrases "used for" includes "arranged for," "designed for," "maintained
for" or "occupied for."
2.22
Interpretation
In their interpretation and application, the provisions of this Part and the provisions
of all zones established herein shall be held to be the minimum requirements to
satisfy the intent and purposes set forth in each zone.
Town of Niverville Zoning Bylaw 795-18
14
The general provisions applying to all zones are contained within Part 1:
Administration, Part 2: Definitions, Part 3: General Rules and Regulations, and the
Zoning Maps.
Drawings and illustrations form part of this by-law and are provided to assist in
interpreting and understanding the by-law. Where any conflict or inconsistency
arises between a drawing or illustration and the text of the by-law, the text shall
govern.
Tables form part of this by-law and provide regulatory standards, either to
supplement the text or in place of text. Table headings, including column
headings, row headings, and groupings of columns and rows, form part of this by-
law and have legal effect. Table notes, located within the tables, indicate special
situations that affect the application of standards to specific zoning districts and
are also part of this by-law. Where any conflict or inconsistency arises between a
table and the text of the by-law, the text shall govern.
The provisions of this by-law shall be interpreted to be the minimum regulations
except where the abbreviation for, or word, maximum is used, in which case the
maximum regulation shall apply.
In the interpretation of the boundaries of the zones as shown on the Zoning Maps,
the following rules shall apply:
a) Heavy lines represent zone boundaries. Where the zone boundary is broken
by the name of a street it shall be construed that the boundary continues
through the name of the street;
b) Notwithstanding that streets, lanes, and public utility rights-of-way may be
within the zone boundaries, the regulations contained in this by-law shall not
be deemed to be applicable to said streets, lanes and public utility
rights-of-way;
c) Boundaries indicated as following the centrelines of streets, highways or
lanes shall be construed as following such centrelines;
d) Boundaries indicated as following lot, site or property holding lines on a
registered plan shall be construed as following such lot, site or property
holding lines;
e) Boundaries indicated as following the limits of an incorporated municipality
shall be construed as following the limits of said municipality;
f) Boundaries indicated as following the centrelines of railway lines or railway
rights-of-way or public utility rights-of-way shall be construed to be midway
between the main tracks or the centre of the rights-of-way, as the case
may be;
g) If a street, lane or Government Road Allowance shown on the Zoning Map
is lawfully closed, the land formerly comprising the street or lane or
government road allowance shall be included within the zone of the
adjoining land; however, if the said street or lane or government road
allowance was a zoning boundary between two or more different zones,
the new zoning boundary shall be the former centreline of the closed street
or lane or government road allowance, except where the closed road is
being transferred to an adjoining owner, in which case the boundary shall
follow the limit of the consolidated property;
h) Where the zoning of a single site or lot is split into more than one zoning
district, each portion of the site or lot shall be developed and used in
accordance with the provisions of the applicable zoning district;
Town of Niverville Zoning Bylaw 795-18
15
i) All plan references on the Zoning Maps pertain to registered plans filed in
the Winnipeg Land Titles Office; and
j) The abbreviations noted within the text or on the Zoning Maps mean the
following:
i.
"Blk." means Block;
ii.
"Gov't Rd. All'ce" means Government Road Allowance;
iii.
"Pcl." means Parcel;
iv.
"Pt." means Part;
v.
"Rge." means Range;
vi.
"R.M." means Rural Municipality;
vii.
"Sec." means Section;
viii.
"Twp." means Township;
ix.
"E.P.M." or "E" means East of the Principal Meridian;
x.
"P.R." means Provincial Road;
xi.
"P.T.H." means Provincial Trunk Highway;
xii.
"dist." means distance;
xiii.
"incl." means including;
xiv.
"max" means maximum;
xv.
"min" means minimum;
xvi.
"sq.ft." means square feet;
xvii.
"in" means inches when following a number;
xviii.
"sq.m." means square metres; and
xix.
"ft" means linear feet.
2.23
Enforcement
Where a Bylaw Enforcement Officer believes that a person has contravened any
provision of this Bylaw, the Bylaw Enforcement Officer or Designated Officer may
commence proceedings against the person by issuing a violation ticket pursuant
to the Bylaw Enforcement Act (778-17).
Specified penalties for any Bylaw offence are listed in the Town of Niverville Fees
and Fines Schedule.
Town of Niverville Zoning Bylaw 795-18
16
PART 3: General Regulations
The following regulations shall apply to all use and development of land and buildings in
the Town of Niverville, except where otherwise noted in this bylaw.
3.1
Regulation of Uses
No land, building or structure shall be used or occupied except for a use which:
a) Is listed in the Bulk and Use Tables [Part 6] as:
i)
A Permitted Principal Use
ii) A Permitted Secondary Use
iii) A Conditional Principal Use, subject to approval as such
iv) A Conditional Secondary Use, subject to approval as such
b) Is an Accessory Use
c) Is a Temporary Use
3.2
Multiple Uses or Provisions
Where land, a building, or a structure is used for more than one purpose, all
provisions of this bylaw relating to each use must be satisfied. Where more than
one provision in this bylaw is applicable, the higher or more stringent requirement
shall apply unless specified otherwise.
3.3
Secondary Uses and Structures
No secondary use or structure shall be established except those in compliance
with the following regulations:
a) no secondary use or structure shall be established prior to the
establishment of the principal use of land, building or structure to which it is
secondary;
b) the area of land or buildings used or occupied for secondary uses on a
site shall not exceed the area of land or buildings respectively used or
occupied by principal uses on the same site;
c) no land, building, or structure shall be used or occupied for any secondary
use after the principal use(s) and structure(s) to which it is secondary have
been discontinued; and
d) the maximum number of secondary uses, buildings and structures on a
residential lot shall be 1.
3.4
Accessory Buildings and Structures
No accessory building or structure shall be constructed or erected, except those
in compliance with the following regulations:
a) where the accessory building or structure is attached to a principal
building or structure, it shall be subject to, and shall conform to, all
regulations of this bylaw applicable to the principal building or structure;
b) where the accessory building or structure is detached from the principal
building or structure, it shall be subject to, and shall conform to, all
regulations of this bylaw applicable to accessory buildings or structures;
c) no accessory building or structure shall be constructed on any zoning site
prior to the time of construction of the principal building to which it is
accessory except where it is allowed by written agreement from the Town
of Niverville; and
Town of Niverville Zoning Bylaw 795-18
17
d) the maximum number of accessory buildings or structures on a residential
lot shall be 3.
An accessory building or structure shall not be used as a dwelling, except where
otherwise permitted in this bylaw.
3.5
Subdivision of Lots With or Without Attached Dwellings and Buildings
A lot may be split into two or more lots provided the following regulations are
complied with:
a)
any new lot line shall be a straight line between the front and rear lot
lines, located in such a manner that the party wall of two adjacent
units shall form part of the new lot line. Where the new lot line is unable
to form a straight line due to the irregular shape of the lot, the location
of that new lot shall be determined by the conditions of any subdivision
approval and verified by a Manitoba Land Surveyor;
b)
each lot created shall have frontage on a street, except in the case of
a bare land condominium unit development, where the common
elements as defined in The Condominium Act that contain roads shall
be deemed to be a street for the purpose of this section;
c)
For the purposes of interpreting the requirements of the appropriate
Zones, individual condominium units shall be deemed a site for the
purposes of interpreting zoning by-law requirements, including party
wall developments as noted in above; and
d)
the permitted use for each lot created shall be for one attached single-
family dwelling unit in residential zones.
Any residential lot created pursuant to this section shall be subject to the
applicable bulk regulations for that zone notwithstanding the following:
a)
no side yard is required along the party wall;
b)
minimum site area of eighteen hundred (1,800)square feet; and
c)
minimum site widths for an individual row house-type dwelling unit is
twenty (20) feet for interior lots and thirty feet (30) for end cap lots.
Any lot other than a residential lot, created pursuant to this section shall be
subject to the applicable bulk regulations notwithstanding the following:
a)
no side yard is required along the party wall;
b)
minimum site area of eighteen hundred (1,800) square feet; and
c)
minimum site width of twenty (20) feet.
Each residential lot created pursuant to this section shall provide not less than two
(2) parking spaces located in the side or rear yard with access directly to a public
lane, street, or right-of-way. Where, due to space or access limitations, the
required parking space cannot be located in the side or rear yard, Council may
approve the parking space in the front yard with or without additional conditions
for said parking space.
3.6
Required Yards
Required yards shall be free of buildings, except accessory buildings, which must
conform to the other requirements of this bylaw.
B/L 820-20
Town of Niverville Zoning Bylaw 795-18
18
Open, unclosed projections, whether vertical or horizontal, such as stairs, landings,
and unenclosed decks or balconies, may extend into the required yards for not
more than 50 per cent of the required yard depth, up to a maximum of 10 feet
(three meters), except for wheelchair ramps (or similar accessibility structures),
which are not subject to the restrictions for required yards.
Enclosed projections, whether vertical or horizontal, such as chimneys, bay windows,
alcoves and electrical meter enclosures may not extend into the required yards.
3.7
Established Street Standards for Front Yards
Where a new dwelling or principal building or an addition to a dwelling or
principal building is proposed within a street block or a portion of a street block
where at least 80 per cent of the lots have been developed with principal
structures, and the minimum front yard required is inconsistent with the majority of
existing front yards for developed sites on the street block, the new structure must
be developed with a front yard consistent with the minimum of the existing front
yards within that block or portion of the block or determined by the Designated
Officer. In the case of a corner site, either the minimum of the yard for the two
nearest properties on the same block or for all the properties facing the same
street on the same block may be used for calculating the required yard.
3.8
Temporary Buildings, Structures, or Uses
Temporary buildings, structures or uses may be allowed on a non-permanent
basis subject to the issuance of a development permit under the following
conditions:
a) A development permit for a temporary building, structure or use shall be
subject to such terms and conditions as required by council; and
b) Each development permit issued for a temporary building, structure or use
shall be valid for a period of not more than 6 months and may not be
renewed for more than 6 months at the same location.
3.9
Road Access
No permanent building may be constructed or placed on a parcel which does
not have legal access to an improved public road. Notwithstanding 3.12.
3.10
Service Connections
Where a parcel is served by municipal piped sewer or water, no permanent
principal building or dwelling shall be constructed or placed unless it ls
connected to such services.
Where an existing permanent principal building is not connected to municipal
services and the property has municipal service connections available for
connection, the principal buiiding must connect to municipal services in the
event their private services fail. "Fail" means that a replacement of the service is
required, as repairs to existing services are permissible.
3.11
Public and Public Utilities
This bylaw shall be interpreted so as not to interfere with the construction, erection
and location of a public or private utility's works, plant, pipes, cables, or equipment.
All lots may be required to provide an easement (or easements) in order to
accommodate servicing associated with public and private utilities.
B/L 835-21
B/L 835-21
Town of Niverville Zoning Bylaw 795-18
19
3.12
Bare Land Condominiums
Auto Courts
Single residential dwelling units may share a single driveway access to a public
street through the use of an auto court layout (see Illustration 3) that complies
with the following conditions:
a) The minimum width of the surface of an auto court must be twenty (20) feet;
b) Shared driveways must be surfaced with concrete, asphalt, or paving stone,
or a combination of those materials;
c) Individual driveways leading from the shared driveway to each dwelling unit
must be at least twenty-three (23) feet long, as measured between the front
of the garage or carport and the closest edge of the shared driveway;
d) The design of the auto court must permit a passenger vehicle to back out of
an individual driveway and turn ninety (90) degrees using the individual drive
or intersecting street;
e) The auto court design must comply with all off-street parking requirements
applicable to single-family dwellings. In addition, each auto court design must
provide one-half off-street parking space per dwelling unit, always rounding up
to the next whole number, in a location other than a private driveway; and
f)
The maintenance and repair of shared driveways is the responsibility of the
homeowner's association unless such driveways are constructed to Town
street standards and the Town accepts responsibility for maintenance and
repair during the development approval process.
Illustration 3: Bare Land Condominium - Auto Courts
Town of Niverville Zoning Bylaw 795-18
20
Loop Lane
Single residential dwelling units may share access to a public street through the
use of a loop lane layout (see Illustration 4) that complies with the following
conditions:
a) The surface of the loop lane must be at least twenty (20) feet wide, and must
be surfaced with concrete, asphalt, or paving stone, or a combination of
those materials;
b) No portion of the loop lane may extend more than two hundred and fifty
(250) feet from the public street to which the loop lane gives access;
c) The common area surrounded by the loop lane must be at least sixty (60) feet
wide;
d) Individual driveways leading from the loop lane to each home must be at
least twenty three (23) feet long, as measured from the closest edge of the
loop lane;
e) Traffic on the loop lane must be one-way only and must be adequately
signed as a one-way drive;
f)
Design of the loop lane must permit a passenger vehicle to back out of an
individual driveway and turn ninety (90) degrees using only the individual
driveway, the loop lane, or the intersecting public street;
g) The loop lane design must comply with all off-street parking requirements
applicable to single-family dwellings. In addition, each loop lane court design
must provide one-half off-street parking space per dwelling unit, always
rounding up to the next whole number, in a location other than a private
driveway; and
h) The maintenance and repair of the loop lane surface and the common area
surrounded by the loop lane is the responsibility of the owner unless the loop
lane is constructed to Town street standards and the Town accepts
responsibility for maintenance and repair during the development approval
process.
Illustration 4: Bare Land Condominium - Loop Lane
MIN. LENGTHS FOR ALL
DRIVEWAYS IS 23'
Town of Niverville Zoning Bylaw 795-18
21
3.13
Setback Standards
a) No dwelling unit shall be located within 1,000 feet (304.8 m) of the boundary
of a municipal sewage lagoon.
b) No dwelling unit shall be located within 1,320 feet (402.3 m) of a waste
disposal site.
c) Notwithstanding the minimum yard requirements provided in the Bulk
Tables, buildings, structures, fences and plantings proposed within the
control area adjacent to setback provincial highway will be subject to
statutory requirements in accordance with The Highways Protection Act
and The Highways and Transportation Act.
3.14
Air Conditioning Units, Pool Equipment and Compressors
Air conditioning units, pool equipment and/or compressors shall be subject to the
following regulations:
a) If located in a front yard, it must be screened with compact hedges or
shrubs or other landscaping.
b) Should be no closer than 5 feet (1.52 m) to a side site line in all Residential
Zones.
3.15
Height Exceptions
The provisions of this by-law shall not apply to limit the height of any ornamental
dome, chimney, tower, electrical or telephone transmission line, television or radio
mast, steeple, electrical apparatus or the mechanical operations of the building
provided that no roof structure or any space above the height limit shall be
permitted for the purpose of providing usable floor space, and that they are
setback sufficiently from any public road allowance to not impact the right-of-
way in case of a fall.
3.16
Future Road Allowance Deemed Existing
No building or structure shall be erected upon any land acquired by the Town of
Niverville or any other federal or provincial government agency and which has
been designated for a future road allowance. Any development adjacent to
said road allowance shall comply with the requirements of this by-law as if the
said future road allowance was already in existence.
3.17
Outdoor Lighting
Outdoor lighting is only allowed if the following standards are met:
a) Any outdoor lighting (other than those exempted in provision (c) below)
must be located, arranged, or shielded so that no light is directed at any
adjoining properties or interferes with the effectiveness of any traffic control
device.
b) The maximum permitted height of a light fixture is 30 feet (9.14 m) on private
property.
c) These standards do not apply to:
i. Federally and provincially-regulated buildings and structures
(including the lighting required for airports and towers);
ii. Light sources used to illuminate architecture, landscape features,
pedestrian pathways or public art; or
iii. The temporary use of lighting (for seasonal decorations or
carnivals, for example).
Town of Niverville Zoning Bylaw 795-18
22
3.18
Parking
When any new development is proposed, including a change of use of an
existing development, or when any existing development is, in the opinion of the
Designated Officer, substantially enlarged or increased in capacity, then
provision shall be made for accessory off-street vehicular parking or garage
spaces in accordance with the regulations and standards contained in this
section as follows. All uses (including accessory uses) must meet the parking
requirements.
Table 3-1
Minimum Parking Space Requirements
Use Class*
Number of Parking Spaces Required
Residential
Single-Unit Dwelling, Semi-detached,
Townhouse
2.0 / Dwelling Unit
Two-Unit Dwelling
2.0 / Dwelling Unit
Multi-Unit Dwelling
2.0 / Dwelling Unit
Secondary Suite
2.0 / Dwelling Unit
Residential Care Facility
1.0 / Dwelling Unit
Bed and Breakfast Facility
1.0 / Dwelling or Sleeping Unit
Commercial
Hotel and Motel
1.0 / Guest Room or Sleeping Unit
Eating and Drinking Establishment
1.0 / 4 seats or 1.0 per 100 sq.ft. (9.29
sq.m.) of dedicated eating area floor
area, whichever is greater
Convenience and Retail Sales Stores
1.0 per 200 sq.ft. (18.6 sq.m.) of floor area
All other Commercial Establishments
1.0 per 250 sq.ft. (23.2 sq.m.) of floor area
Commercial Buildings on Main Street in the
Commercial Main Street zone
A credit of one parking space shall be
provided per every 25 feet of applicant's
property fronting on Main Street
Ind. Uses
Industrial Uses
1.0 per 1,000 sq.ft. (92.9 sq.m.) of floor
area or 1.0 per employee on maximum
shift, whichever is greater
Other Uses
Indoor Participant Recreation Service, Place
of Worship, Outdoor Participant Recreation
Service, Funeral Service, Private Club, Library
/ Cultural Facility, and Community Centre
1.0 per 5 seating spaces or 10 ft (3.05 m)
of bench space. Where there are no
fixed seats, 1.0 for each 100 sq.ft. (9.29
sq.m.) of floor area devoted to the
assembly room floor area.
Town of Niverville Zoning Bylaw 795-18
23
Extended Medical Treatment Service
2.0 per bed
Education Service
2.0 per classroom, plus 1 for each 100
sq.ft. (9.29 sq.m.) of floor area devoted
to public use
Government Service
1.0 per 550 sq.ft. (51.1 sq.m.) of floor area
Child Care Service
1.0 for every 1 employees, plus
applicable loading
*Where a proposed use is not listed above, the parking requirement shall be determined by the
Designated Officer.
The following regulations shall apply to all parking areas as required by this by-law unless
otherwise specified:
1. Driveways in Residential Zones must be at least 23 feet in length (7 m) in order
to ensure that the parked vehicle does not encroach upon the sidewalk or
other public right of way;
2. Driveways in Residential Zones shall be no more than 30 percent of the lot
frontage or the frontage width of the attached accessory building (i.e. the
garage), whichever is greater, to a maximum of 50% of the lot frontage. For
lots that have an irregular approach (eg. cul de sac lot), the frontage used for
determining maximum driveway width will be the one assigned by the
Province;
3. No person may park or store a vehicle on any part of any yard of a property
unless that part is a driveway;
4. No more than six vehicles in total may be parked or stored in all yards in the
Residential Single Unit and Residential Low Density zones;
5. No more than two recreational vehicles may be parked or stored in all yards
in the Residential Single Unit and Residential Low Density zones;
6. All vehicles requiring a license by the Province of Manitoba to operate must
possess a valid storage license in order to be stored on any property in any
Residential zone;
7. From May 1 to October 31 of the same year, no person may park or store
more than two recreational vehicles, motor homes or travel trailers on a
driveway in the front yard of a property in the Residential Single Unit and
Residential Low Density Zones;
8. No driveway in any Zone can encroach into a public right of way;
9. From November 1 to April 30 of the following year, no person may park or
store a recreational vehicle, motor home or travel trailer on a driveway in the
front yard of a property or on the Town road allowance;
10. No large vehicle with a GVWR of more than 4,536 kg (10,000 lbs) other than a
recreational vehicle can park on an approved driveway or designated
parking space in any yard of a property in the Residential Single Unit and
Residential Low Density Zones;
B/L 820-20
Town of Niverville Zoning Bylaw 795-18
24
11. Off-street parking requirements in the Commercial Main Street zone shall be
reduced by the number of eligible parking spaces located immediately in
front of the lot owned by the applicant. An eligible parking space is defined
as one parking space for every 25 feet of property fronting Main Street;
12. In the case of a multiple use site, the Designated Officer shall calculate the
parking required for each individual use and the total shall be deemed to be
the required parking for the site, unless the applicant can demonstrate to the
satisfaction of Council that the complementary use of the parking facilities
would warrant a reduction in the parking requirements;
13. Parking areas shall be provided with driveways and aisles for the removal of a
vehicle without the necessity of moving any other vehicle;
14. Parking areas must be constructed of concrete, asphalt, paving stones or
other approved material as determined by the Designated Officer;
a. Should a property not be served by a public road that is hard-
surfaced with asphalt or concrete, the above paragraph does not
apply;
15. Where parking areas are provided in any zone and lighting facilities are
provided, such lights shall be shielded and directed so as to reflect away from
any adjoining residential area;
16. Where a parking area is situated along a site line which coincides with the
boundary of a residential zone and is not separated by any street, lane or
water course, a buffer of a design acceptable to the Designated Officer (e.g.
a berm or fence) shall be provided; and
17. No sign shall be erected except:
(i)
signs for the direction of traffic within the parking area, and
(ii) directional signs of not more than 5 square feet (0.46 sq.m.) in area at
each point of entrance and exit.
Such signs may bear the name of the business that the parking area is
connected thereto.
The layout and design of the parking area shall be as follows:
1. The layout and design of the parking area shall be in accordance with Table
3-1 "Minimum Parking Space Requirements" and Table 3-2 "Parking Area
Layout";
2. The length of each parking space shall be exclusive of access driveways,
aisles, ramps and columns, and office or work areas;
3. Where access to a parking space is directly from a lane, the width of the lane
adjacent to said parking space may be computed as part of the aisle width
required for said parking space;
4. The angle of parking shall be measured between the centerline of the
parking space and the centerline of the aisle;
5. The off-street parking area shall be provided with an access drive with a
minimum width of 10 feet (3.05 m), to a street or lane;
6. Except as provided for in Paragraph 3, an aisle or driveway shall not mean a
street or lane; and
7. Design of parking areas and access drives need to address safe pedestrian
circulation routes, efficiency in the parking layout, accessibility, lighting,
aesthetic appearance, service vehicle access, and snow removal.
Town of Niverville Zoning Bylaw 795-18
25
8.
3.19
Parking Spaces
All parking spaces shall be provided on the same zoning site as the principal use,
unless otherwise approved by Council.
3.20
Accessible Parking Spaces
Out of the total number of required off-street parking spaces required, the owner
must provide a portion of those spaces so as to be accessible to persons with
mobility issues, in accordance with the following requirements:
a) Each accessible parking space:
Table 3-2
Parking Area Layout
9 ft (2.75m) 20 ft (6.1m) 24 ft (7.3m) 24 ft (7.3m)
9 ft (2.75m) 20 ft (6.1m) 24 ft (7.3m) 18 ft (5.5m)
9 ft (2.75m) 20 ft (6.1m) 24 ft (7.3m) 13 ft (4.0m)
9 ft (2.75m) 20 ft (6.1m) 24 ft (7.3m) 12 ft (3.7m)
9 ft (2.75m) 22 ft (6.7m) 24 ft (7.3m) 12 ft (3.7m)
Town of Niverville Zoning Bylaw 795-18
26
i.
must be at least 11.5 ft (3.5 m) wide;
ii.
must be located within 200 ft (61 m) of major building entrances
used by residents, employees, or the public; and
iii.
must include signage reserving the space for use by persons with
mobility issues.
b) At least one curb ramp must be located within 100 ft (31 m) of the auto
parking space closest to each entrance to a principal or accessory
building that is not a service entrance; and
c) The accessible parking space requirements are as follows:
Table 3-3
Accessible Parking Space Requirements
Total Number of
Parking Spaces Required
Minimum Number of
Accessible Parking Spaces Required
0-4
0
5-25
1
26-50
2
51-75
3
76-100
4
101+
4 plus 1 for every 50 additional spaces,
to a maximum of 10 spaces
3.21
Visitor Parking Spaces
Visitor parking spaces shall be provided for all multi-family residential
developments providing at least 7 units in the RHD zone. One visitor parking
space must be provided for every 8 residential units.
3.22
Loading Requirements
Loading spaces shall be provided according to the minimum number of spaces
as calculated by Table 3-4 for uses within the Use Categories indicated. There are
no loading requirements for zones not included on the table.
Town of Niverville Zoning Bylaw 795-18
27
Table 3-4: Minimum Required Loading Spaces
Standards
PR
AL
RHD
RMU
CN
CC
MG
MMU
EI
Unit
Retail &
Office (> than
10,000 sq. ft.)
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
Per 1860m2 (20,000 sq.
ft.) of floor area of
primary building
Civic (> than
10,000 sq. ft.)
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
Per 2800m2 (30,000 sq.
ft.) of floor area of
primary building
Industrial
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
Per 1860m2 (20,000 sq.
ft.) of floor area
Loading Space Standards
The owner or operator of the buildings or uses shall provide and maintain on the
site adequate loading and unloading spaces above and beyond any other
parking requirements as follows:
a) Each loading or unloading space shall be at least 33 feet (10 m) long, 12
feet (3.7 m) wide and have a vertical clearance of at least 14 feet (4.3 m);
b) It shall have access to a lane or street;
c) It shall be provided on the same site as the principal building or use but not
in the required front or corner side yard;
d) Loading spaces are in addition to the total number of required off-street
parking spaces.
3.23
Entrances and Exits for Auto-Oriented Businesses
Automobile service stations, public parking areas, drive-through facilities, and all
vehicle/equipment sales shall require at least one entrance and one exit for
vehicles, driveways and aisles for the removal of a vehicle without the necessity
of moving any other vehicle. Access to sites for the titled uses for vehicles shall be
only by way of entrances and exits provided in accordance with the following:
Town of Niverville Zoning Bylaw 795-18
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Table 3-5
Entrance and Exit Requirements
Minimum width of an entrance or exit
20 ft. (6.10 m)
Minimum width of a combined entrance and exit
25 ft. (7.62 m)
Maximum width of an entrance or exit
40 ft. (12.19 m)
Maximum width of a combined entrance and exit
60 ft. (18.29 m)
Minimum distance between any part of an entrance, exit and the
intersection of street site lines or the intersection of a street site line
and a side site line on a public lane
30 ft. (9.14 m)
Minimum distance between an entrance and exit if not combined
30 ft. (9.14 m)
3.24
Vehicular-Oriented Uses
The following uses shall comply with the regulations of this Section of the By-law:
a) Drive-Through Food Services;
b) Gas Bars;
c) Service Stations;
d) Car Washes (automatic and self-serve);
e) Rapid Drive-Through Vehicle Services; and
f)
Automated Teller Machines (ATM).
Stacking space shall be provided as follows:
For Drive-Through Food Services and other Commercial Use Class
developments having a drive-up service window, a minimum of four (4) in-
bound stacking spaces shall be provided for vehicles approaching the drive-
up service window. One out-bound stacking space shall be provided on the
exit side of each service position and this space shall be located so as not to
interfere with service to the next vehicle.
For Rapid Drive-Through Vehicle Services, a minimum of three (3) in-bound
and one (1) out-bound stacking spaces shall be provided for each service
bay, except that in the case of a complete service car wash a minimum of
five (5) in-bound and two (2) out-bound stacking spaces shall be provided for
each service bay.
For Automated Teller Machines, a minimum of three (3) in-bound stacking
spaces shall be provided, as measured from the teller window or automated
teller machine (ATM).
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All stacking spaces shall be a minimum of eighteen (18) ft. long and ten (10)
ft. wide. Stacking lanes shall provide sufficient space for turning and
manoeuvring.
All stacking spaces shall be located so as not to block or interfere with the
smooth flow of traffic to and from required off-street parking spaces or the
driving aisles providing access to those spaces, or any adjacent street or lane
through an approved access point.
Gas Bars and Service Stations shall comply with the following additional
regulations:
All pump islands and underground storage tanks shall be located at least
twenty (20) ft. from any boundary of the site, parking area on the site, or
laneways intended to control traffic circulation on the site.
Refuelling areas are not permitted in a required parking area.
A canopy over a pump island may extend to within ten (10) ft. of the
boundary of the site. The canopy area shall not constitute part of the site
coverage for the purpose of this Section of the By-law.
Parking stalls provided at the pump island will count towards the overall
parking requirement at the rate of 1 space for every 2 pumps.
3.25
Fences
Measuring Fence Height
Fence height is measured from the highest part of the fence to the point where
the fence post enters grade. Where a fence is located on top of a retaining wall,
the height to the fence shall include the height of the retaining wall measured
from the finished grade.
Projections into Required Yards
Fences are permitted in all required yards and can be placed up to the property
line.
Prohibited Materials
Fences shall:
a) Not be electrified, except as an accessory to a permitted agricultural use in
the Agriculture Limited zone.
b) Not contain barbed wire, except as an accessory to a permitted industrial or
agricultural use in the Agriculture Limited, Commercial Corridor, Industrial
General or Industrial Mixed Use zones.
c) Not contain scrap metal or industrial waste material.
d) Not be made of any materials commonly associated with a seasonal or
temporary snow fence.
Town of Niverville Zoning Bylaw 795-18
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Maximum Fence Height
No fence shall exceed the following heights:
Standards
PR
AL
RR
RSU
RLD
RMD
RHD
RMU
CMS
CN
CC
MG
MMU
EI
Fence Height:
Front Yard
(Maximum)
2.5m
(8ft)
2.5m
(8ft)
1m
(3 ft)
1m
(3 ft)
1m
(3 ft)
1m
(3 ft)
1m
(3 ft)
1m
(3 ft)
1m
(3 ft)
2.5m
(8 ft)
2.5m
(8 ft)
3m
(10ft)
2.5m
(8ft)
1m
(3 ft)
Fence Height:
Side and Rear
Yards
(Maximum)
3m
(10ft)
3m
(10ft)
2m
(6 ft)
2m
(6 ft)
2m
(6 ft)
2m
(6 ft)
2m
(6 ft)
2m
(6 ft)
2m
(6 ft)
2.5m
(8 ft)
2.5m
(8 ft)
3m
(10ft)
3m
(10ft)
2m
(6 ft)
3.26
Exterior Wood Burning Furnaces
Exterior solid fuel burning furnaces will not be permitted within the Town of
Niverville.
3.27
Private Communication Facilities
A private communications facility may be allowed as a secondary or accessory
use in accordance with the minimum yard requirements for accessory structures
in the zone in which it is to be located or erected, with the following exceptions:
a) A private communications facility is not subject to the height requirements for
accessory structures;
b) A private communications facility may be located in any rear or side yard in
any zone. It may also be located in any front yard in the Agriculture Limited
and Rural Residential zones;
c) A private communications facility shall be set back from all property lines of
the site on which it is located a minimum distance equal to its total height,
measured from grade to the uppermost point of its extension;
d) A private communications facility may be located on the roof of a building;
however if it is located on the roof of a building in any Agriculture or
Residential zone, the weight (including all support apparatus) shall not
exceed 75 pounds (35 kg).
Town of Niverville Zoning Bylaw 795-18
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PART 4: Definitions
4.1
Definitions in The Planning Act
Terms not defined in this bylaw which are defined in The Planning Act have the
meaning provided in that act.
4.2
Definitions in this Bylaw
Where the following terms appear in this bylaw, they have the meaning provided
as follows:
Abut or abutting means immediately continuous to or physically touching, and
when used with respect to a site, means that the site physically touches upon
another site or piece of land, and shares a lot line or boundary with it.
Accessibility means that all individuals regardless of their physical abilities can
safely and freely enter or use a space without obstacles such as facility design
and infrastructure impeding movement.
Accessory means a use, building or structure that is naturally and normally
incidental, subordinate in purpose or area, or both, and exclusively devoted to
the use, building, or structure to which it is accessory. A use shown as a
conditional use in the Use Tables cannot be accessory to a use shown as a
permitted use for the same zone.
.1
Accessory building means a subordinate building located on the same
zoning site as the principal building or use, the use of which is permitted,
incidental and accessory to that of the principal building or use:
i. Accessory Building, attached means an accessory building which
is attached to the principal building and in determining the
required yards, the attached accessory building shall be treated
as being part of the main building.
ii. Accessory Building, detached means an accessory building which
is not attached to the principal building and in determining the
required yards, the requirements for accessory use, buildings and
structures as shown in the Bulk Tables shall be used.
iii. Accessory Building, semi-detached means an accessory building
which is attached to the principal building by a structure such as,
but not limited to, a breezeway. The required yards for a semi-
detached accessory building shall be determined in the same
manner as in paragraph (i) above.
A building, shed or other similar structure used for the purpose of
storage and constructed on skids is considered to be an accessory
building for the purpose of this By-law.
Act, the means The Planning Act, being CHAPTER P80 of the Continuing
Consolidation of the Statutes of Manitoba, and amendments thereto.
Adjacent means properties or uses that abut one another or are separated by
a street or other publicly-dedicated right-of-way, canal, or railroad right-of-way.
Town of Niverville Zoning Bylaw 795-18
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Agri-Business means an establishment that provides goods or services to the
agricultural sector, including (but not limited to) farm equipment and machinery
repair shops, feed operations, livestock auction marts, and commercial seed
cleaning plants.
Agricultural activity means a use of land for agricultural purposes including
farming, pasturage, apiculture, horticulture, floriculture, and viticulture.
Agricultural building means a structure on agricultural land designed,
constructed, and used to house farm implements, livestock, or agricultural
produce or products used by the owner, occupant, employees, and persons
engaged in the pick up or delivery of agricultural produce or products grown or
raised on the premises but does not include a dwelling.
Agricultural cultivation means the raising for consumption or commercial sale of
agricultural vegetation, including vegetables, grains, fruits, plants, sod, trees, and
other similar products.
Agricultural grazing means the practice of keeping cattle, sheep, horses, or
other similar animals on fields for the purpose of grazing and does not
include livestock operations as defined by The Planning Act.
Agricultural implement sales and services means a building and open area,
used for display, sale or rental of new or used farm implements and where
incidental repair work is done.
Alterations, incidental means:
Changes or replacements in the structural or non-structural parts of a
building, including but not limited to the following:
1. adding or enlarging windows or doors in exterior walls;
2. replacement of building facades;
3. strengthening the load bearing capacity, in not more than ten
percent (10%) of the total floor area, to permit accommodation of
a specialized unit of machinery or equipment; or
4. replacement of, or changes in, the capacity of utility pipes, ducts
or conduits.
Amusement device means any equipment, machine or instrument that may be
used or operated as a game, entertainment or amusement, and includes all
marble machines, strength testing machines, pinball machines, skill-ball machines,
mechanical grab machines, flipper games, shooting galleries, electronic
dartboards, electronic games, mechanical rides, shuffleboards, billiard tables and
other similar devises, but does not include video lottery terminals as licensed by
the Province of Manitoba.
Amusement enterprise, indoor means a commercial establishment designed
and equipped for assembly occupancy uses for the conduct of sports, exercise,
and/or leisure-time activities within a fully enclosed building, uses of which
include: arcade games, billiard and pool tables, bingo tables, bowling lanes,
skating/roller rinks, go kart tracks, shooting ranges, and paintball arcades, and
related amusements.
Town of Niverville Zoning Bylaw 795-18
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Amusement enterprise, outdoor means an outdoor facility whose main
purpose is to provide the general public with entertainment or recreation, with
or without charge, including amusement parks, batting cages, drive-in
theatres, golf driving ranges, miniature golf courses, go-cart tracks, target sport
ranges, skating rinks, skateboard parks, swimming pools, water parks,
zoological parks, and similar uses.
Animal hospital or veterinary clinic means an establishment providing inpatient
and outpatient services for domestic animals which might involve indoor facilities
only, or both indoor and outdoor facilities, depending on the zoning district in
which they are located.
Animal Keeping means a use where livestock or other animals (excluding
domestic animals) less than 10 animal units (cumulative across species) are
sheltered, bred, raised, or sold. This includes, but is not limited to, stables and
kennels.
Animal Shelter means a lot and/or building or part thereof used for the case of
lost, abandoned or neglected animals.
Animal unit means the number of animals of a particular category of livestock
that will excrete 160 lbs (73 kg) of total nitrogen in a twelve (12) month period.
Apiary means any place where bees are kept.
Applicant means, unless otherwise specified, a registered owner or an owner's
authorized agent, who has filed an application subject to the provisions of this
By-law.
Assisted living facility means a facility where meals, lodging, and continuing
nursing care are provided for compensation, including nursing homes, retirement
homes, and medical receiving homes, but excludes facilities providing medical
diagnostic services or treatment by licensed physicians.
Auction room 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 an outdoor place where vehicles or heavy equipment
(operable or inoperable) are offered for sale to the highest bidder.
Auditorium, concert hall, theatre or cinema means an establishment devoted to
showing motion pictures or dramatic, dance, musical, or other live
performances.
Auto / light truck / motorcycle, sales and rental means the storage, display, sale,
lease, or rental of new or used vehicles, including automobiles, light trucks,
motorcycles, and similar vehicles and may include repair and service. This use
does not include junk or salvage operations. Light trucks include those with a
gross vehicle weight of 14,000 pounds or less.
Auto parts and supplies, sales means an establishment that sells primarily new
parts, tires, and other accessories for automobiles, light trucks, motorcycles,
Town of Niverville Zoning Bylaw 795-18
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recreational vehicles, boats, trailers, snowmobiles, and similar vehicles but does
not include establishments dealing primarily in used parts, including junk or
salvage operations.
Automated teller machine means a device that dispenses cash and conducts
limited banking transactions for customers using a credit card, bank card, or
other similar personal banking card.
Aviary means a place for keeping birds for the purpose of raising, exhibiting, or
selling them.
Awning, canopy or marquee means any roof-like structure, which may be
constructed as an integral part of a building or attached in such a manner as
not to be an integral part of a building, but is so constructed to provide shelter or
shade over an entrance way or a window.
Bare land condominium means a condominium plan upon which one (1) or
more units are defined by delineation of the horizontal boundaries of the unit
without reference to any buildings.
Basement means a portion of a building between a floor and ceiling that is
located partly underground, but with more than half of the floor to ceiling height
thereof above the average grade of the adjoining ground.
Bay window means a large window or series of windows projecting from the
outer wall of a building.
Bed and breakfast means a home-based business operated as an secondary
use to a single- or multi-unit residential unit that provides temporary lodging to
guests for a short time period, and that may also provide meals to those guests.
Board means The Municipal Board of Manitoba.
Boarder or roomer means a person who is provided lodging with or without
meals at another's home for a fee or services.
Body modification establishment means a commercial establishment that
provides physical body adornment by body piercing or tattooing including
scarification and the insertion of implants but excluding piercing of the ear.
Buffer strip means a strip of landscaping or vegetation used to provide a screen
between sites in order to mitigate objectionable features between them. This
may include areas of public reserve.
Building has the meaning provided in The Planning Act, except that it does not
include a well, pipeline, excavation, cut, fill, or transmission line.
Building footprint means the square footage contained with-in the outside
foundation and walls of a building. Concrete flat work including walks, porches,
and patios are not included in the computation unless enclosed by a structure.
Building, main or principal means a building in which is conducted the principal
use of the site on which it is situated.
Town of Niverville Zoning Bylaw 795-18
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Building Location Certificate means survey performed by a Manitoba Land
Surveyor for the location of buildings on a property including any buildings or
structures that encroach from neighbouring properties.
Bulk means the following:
1. The size (including height of building and floor area) of buildings or
structures;
2. The area of the zoning site upon which a building is located, and
the number of dwelling units or rooms within such building in
relation to the area of the zoning site;
3. The location of exterior walls of buildings in relation to site lines to
other walls of the same building, to legally required windows, or to
other buildings; and
4. All open areas relating to buildings or structures and their
relationships thereto.
Bulk storage means the storage of chemicals, petroleum products and
other materials in above ground containers for subsequent resale to
distributors or retail dealers or outlets.
Bus depot means an area utilized by commercial carriers for pick-up or drop-
off of passengers and associated freight transported by buses and by bus
trailers, including loading and unloading areas, shelters, restrooms,
concessions, benches, information offices, parking, ticket sales, landscaping,
lighting and other such facilities and appurtenances.
Camping and tenting grounds means a parcel of land planned and improved
to accommodate seasonal travel trailers, camping trailers, pick-up coaches,
motorhomes, tents, tent trailers or other camping accommodations used for
travel, recreational and vacation uses.
Cannabis means cannabis as defined in the Cannabis Act (Canada).
Cannabis distributor means a person who holds a cannabis distributor license
issued under the Liquor, Gaming and Cannabis Control Act.
Cannabis retail store means the premises specified in a retail cannabis
licence where the retail sale of cannabis is authorized.
Cannabis licence, retail means a licence issued under the Liquor, Gaming
and Cannabis Control Act.
Cannabis concentrate means the hashish, cannabinoids, or any alkaloid, salt,
derivative, preparation, compound, or mixture, whether natural or
synthesized, of cannabinoids.
Cannabis-infused product means a product infused with cannabis that is
intended for use or consumption other than by smoking, including but not
limited to, edible product, ointments and tinctures.
Cannabis local sale means (a) the sale of liquor from retail liquor premises or
Town of Niverville Zoning Bylaw 795-18
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licensed premises in a municipality; and (b) the sale of cannabis from a
cannabis store in a municipality.
Cannabis Cultivation includes the following:
1. Standard cultivation means the large-scale growing of cannabis plants
and harvesting material from those plants, as well as associated
activities.
2. Micro-cultivation means the small-scale growing of cannabis plants
and harvesting material from those plants, as well as associated
activities.
3. Industrial hemp means the growing of industrial hemp plants (those
containing 0.3 per cent THC or less) and associated activities.
4. Nursery means the growing of cannabis plants to produce starting
material (seed and seedlings) and associated activities.
Cannabis processing includes the following:
1. Standard processing means the large-scale manufacturing,
packaging and labelling of cannabis products designed for sale to
consumers, and the intra-industry sale of these products, including to
provincially/territorially authorized distributors, as well as associated
activities.
2. Micro-processing means the small-scale manufacturing, packaging
and labelling of cannabis products designed for sale to consumers,
and the intra-industry sale of these products, including to
provincially/territorially authorized distributors, as well as associated
activities.1
Canopy means a non-retractable, covered or enclosed rigid structural
framework attached to and extending outward from the exterior wall of a
building and any structures over petroleum pumps.
Caretaker's Residence means a dwelling unit as a secondary use located within an
existing primary building on a non-residential property occupied by the
owner/operator or a site watchperson or caretaker who oversees or guards the
operation, if necessary.
Car wash means a facility for the cleaning of automobiles or other motor
vehicles, whether operated by the public or by on-site employees.
Carport means an attached building open on two sides for the shelter of
privately owned automobiles.
Cemetery means land for the burial of the dead and dedicated for cemetery
purposes, including columbaria, crematoria, mausoleums and mortuaries, when
1 From the Province of Manitoba Zoning for Cannabis Guide (January 2018)
B/L 820-20
Town of Niverville Zoning Bylaw 795-18
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operated in conjunction with and within the boundaries of such cemetery.
Cheque-cashing facility commonly known as a "payday loan" establishment,
means a commercial establishment that engages in the business of cashing
cheques, warrants, drafts, money orders, or other commercial paper serving the
same purpose but does not include a bank, savings and loan, or credit union nor
establishments selling retail consumer goods, where the cashing of cheques or
money orders is incidental to the principal purpose of the business.
Child care services means the provision of care for remuneration or reward to a
child apart from his or her own parents or guardians at a location other than the
child's residence.
Clubhouse means a building having a bar and other facilities for the members of
a club.
Community/Recreation Centre means a facility for recreational, social or
multipurpose use where patrons are primarily participants and any spectators are
incidental and attend on a non-recurring basis. Examples include recreation and
leisure centres, community halls, and community centres.
Commercial school means an establishment, other than elementary or junior high
schools, senior high schools, or colleges and universities, offering training or
instruction in a trade, art, or occupation, including beauty schools, dance
schools, and trade or vocational schools.
Community gardens means a public use of land for the cultivation of fruits,
flowers, vegetables, or ornamental plants by more than one person or family.
Completely enclosed means a structure or building consisting of four (4) walls
and a roof.
Conditional use means the use of land or building as provided for in The
Planning Act.
Condominium means a condominium as established under the provisions of
The Condominium Act.
Condominium, bare land unit means a unit of land defined by delineation of
its horizontal boundaries without reference to any buildings on a
condominium plan.
Condominium unit means a part of the land or building and is designated as
a unit by the condominium plan, and is comprised of the space enclosed by
its boundaries and all the material parts of the land within this space at the
time the condominium declaration and plan are registered.
Council means the elected members of the Nivervillle Town Council.
Crematorium means a facility containing a certified furnace or similar device
intended for use in the incineration of human or animal corpses.
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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.
Curb cutting means the cutting or lowering of a curb, sidewalk, or boulevard, or
any of them, to provide a driveway for vehicular and pedestrian access to a site.
Deck means an unenclosed roofless amenity area adjoining a building.
Density means the total number of dwelling units divided by the total area of land
to be developed, expressed in gross acres.
Designated Officer means the Chief Administrative Officer or person so
designated by the Chief Administrative Officer.
Development means the construction of a building or the installation of services
and utilities on, over or under land, a change in the use or intensity of use of a
building or land, the removal of soil or vegetation from land, the deposit or
stockpiling or material on land, and the excavation of land.
Development application means any application in connection with a
development or an approval, permit, order, by-law or amendment that allows or
would allow a development.
Development Officer means the officer appointed by the Chief Administrative
Officer in accordance with the provisions of The Planning Act.
Development permit means a permit authorizing a development that is subject to
a zoning by-law as defined by The Planning Act, commonly referred to as a
building permit when referencing the development of a building or structure. For
clarification, a development permit is always required for all items regulated by
the Zoning Bylaw even when a building permit is issued by another authority.
Development Plan means the Town of Niverville Development Plan as adopted
by By-law, or any other development plan and amendments adopted and
substituted therefore.
Dormitory means a building designed for or used as group living quarters for
students of a school, and owned and managed by that school, or by a fraternity
or sorority officially recognized by that school.
Drinking establishment means a building or portion of a building, which is licensed
by the Government of Manitoba, where the principal purpose is the sale of
alcoholic beverages to the public, for consumption on the premises.
Drive-through facility means a facility designed to provide goods or services to
the persons in standing (as opposed to parked) motor vehicles, including but not
limited to a drive-through restaurant or bank.
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Dwelling means one or more rooms used or intended to be used as a single
housekeeping unit with cooking, sleeping and sanitary facilities.
Dwelling, Multi-Unit means a building, located on a single site, containing
three or more dwellings (for example, row houses, town houses, or
apartment buildings).
Dwelling, Single-Unit means a building, located on a single site, containing
one dwelling.
Dwelling, Two-Unit means a building, located on a single site, containing
two dwellings (for example, a duplex or a side-by-side).
Dwelling, Live-Work means a dwelling unit that includes working space
accessible from the living area, regularly used by one or more of the
residents of the dwelling unit, but does not include a home-based
business.
Eating and drinking establishment means the sale to the public of prepared
foods, for consumption within the premises or off the site. This includes licensed
drinking establishments, restaurants, cafés, delicatessens, tea rooms, banquet
catering, lunch rooms and take-out restaurants. This does not include drive-
through facilities which provide services to customers who remain in their vehicles,
refreshment stands, or mobile catering food services.
Elevation/ Lot grade means either the elevation of the finished ground surface
at any specific reference point, at any point on the slope between two
specific reference points on a lot, or a combination thereof.
Emergency residential shelter means a facility where emergency temporary
lodging is provided to persons who are homeless, due to indigence or
disaster, operated by a public or non-profit agency, and where on-site
supervision is provided whenever such shelter is occupied.
Enlargement means an addition to the floor area of an existing building or
structure, or an increase in that portion of a parcel of land occupied by an
existing use.
Environmental impact statement means a study prepared in accordance
with established procedures to identify and assess the impacts of
development on a specified feature or system.
Equestrian establishment means a facility used for the training of horses and the
operation of a horse-riding academy or horse-riding stables.
Extension means an increase in the amount of existing floor area used for an
existing use, within an existing building.
Family means a person or persons voluntarily associated, plus any
dependents, living together as an independent, self-governing single-
housekeeping unit.
Farmers' market means an occasional or periodic market held in an open
Town of Niverville Zoning Bylaw 795-18
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area or in a structure where groups of individual sellers offer for sale to the
public such items as fresh produce, seasonal fruits, fresh flowers, arts and
crafts items, and food and beverages dispensed from booths located on-
site.
Farmstead site means the portion of land of an agricultural operation, usually
surrounded by a well-defined shelterbelt, that includes the habitable residence of
the agricultural producer and the building and facilities associated with the
agricultural operation.
Fitness or wellness centre, indoor means an establishment designed and
equipped for assembly occupancy uses for the conduct of exercise and/or
leisure-time activities within a fully enclosed building, uses of which include:
gymnasiums and health clubs, wellness centres, weightlifting establishments,
martial arts studios, fitness studios, yoga studios, dance studios, swimming
pools, and related fitness and wellness activities.
Flag lot means a lot lacking the required minimum lot width or frontage on
an existing or proposed street but having direct access to the street through
a narrow leg of land to the balance of the lot which meets the required
minimum lot width.
Fleet services means a central facility for the distribution, storage, loading
and repair of a fleet of vehicles, with or without associated dispatch services
and offices. Typical uses include, but are not limited to, courier, delivery, and
express services, cleaning services, key and lock services, security services,
and taxi services.
Floor area (main), as applied to bulk regulations, means the footprint
measured from the exterior faces of the exterior walls or from the centre line
of party walls. In particular, the floor area of a building or buildings shall
include:
1. Basements for residential, commercial or industrial purposes, but
not including space used for storage or the housing of mechanical
or central heating equipment, and accessory off-street parking
spaces;
2. Floor space used for mechanical equipment (with structural
headroom of six (6) feet or more) except equipment, open or
enclosed, located on the roof;
3. Elevator shafts and stairwells at each storey except shaft and stair
bulkheads and exterior unroofed steps or stairs; and
4. Penthouses, mezzanines, and attics where there is a structural
headroom of seven (7) feet or more.
Floor area (total) means the sum total of all floors of all buildings of the
zoning site.
Floor area ratio is computed as the combined gross floor area of all buildings
on a lot or parcel, divided by the lot area, except that such floor area does
not include any area used for parking within the principal building and does
Town of Niverville Zoning Bylaw 795-18
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not include any area used for incidental service storage, installations of
mechanical equipment, penthouses housing ventilators and heating systems,
and similar uses.
Freight or truck yard means an area or building where cargo is stored and
where trucks, including tractors and trailer units, load and unload cargo on a
regular basis. The use may include facilities for the temporary storage of loads
prior to shipment. The use also includes truck stops or fueling stations where
diesel fuel is primarily sold.
Frontage means that part of a zoning lot fronting on a public road. For the
purposes of frontage foot calculations, "frontage" includes all property lines
abutting public roads.
Funeral chapel or mortuary means a facility for the storage of deceased
human bodies prior to burial or cremation, or a building used for the
preparation of the deceased for burial and the display of the deceased and
ceremonies connected therewith before burial or cremation.
Gallery/museum means:
1. A commercial establishment engaged in the sale, loan, or display
of paintings, sculpture, textiles, antiquities, or other works of art; or
2. A permanent facility, open to the public, with or without charge,
for the collection and display of paintings, sculpture, textiles,
antiquities, or other works of art. This type of use is distinct from
and does not include libraries.
Garage means an accessory building or part of a principal building designed
and used primarily for the storage of motor vehicles and includes a carport.
General agriculture means an agricultural operation as defined in the Provincial
Planning Regulation but does not include a livestock operation.
Golf course means a tract of land laid out with a course having nine (9) or more
holes for playing the game of golf. This term does not include miniature golf
courses nor does it include driving ranges that are not an accessory to a golf
course.
Grade means the average level of finished ground adjoining a building or
structure at all exterior walls as determined by the Designated Officer.
Grading means the shaping or sloping of land.
Grain storage structure means any structure which is designed to store any
type of grain.
Group home means a residence that is licensed or funded under an Act of
the Parliament of Canada or the Province of Manitoba for the
accommodation of less than five (5) persons, exclusive of staff or receiving
family, living under supervision in a single housekeeping unit and who by
Town of Niverville Zoning Bylaw 795-18
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reason of their emotional, mental, social or physical condition, or legal status,
require a group living arrangement for their well-being.
Hall means any building or portion of a building that is used for wedding
receptions, private banquets, socials, or other functions.
Heavy equipment sales, service, and rental means a facility that is engaged in
the sales and repair of heavy equipment typically used in agricultural,
commercial or industrial operations, including tractors, trucks with a gross
vehicle weight of over 14,000 pounds, semi-tractor trucks and/or trailers,
harvesters, loaders and tracked vehicles as well as sales of parts, whether new
or used, for heavy equipment.
Height includes the total number of storeys in a building or the vertical distance
measured from grade to:
1. the highest point of the roof surface of a flat roof
2. the deck or eaves of any other roof type
Home-based business means an occupation or activity that is secondary to the
use of the premises as a dwelling and that does not alter the exterior of the
property or affect the residential character of the neighbourhood.
Home Industry means a light manufacturing operation that is carried out as a
secondary use on the same site as a dwelling.
Hospital means an institution that maintains and operates facilities for inpatient
medical care with overnight stays, including x-ray, laboratory, and surgical, for the
diagnosis, care, and treatment of human illness, injury, and disease (physical or
mental). Outpatient care may also be provided.
Hotel or motel means a building or portion of a building providing temporary
accommodation in individual guest rooms or suites for a fee with or without
provision for cooking in any individual guest room or suite.
Indoor participant recreation service means a development providing facilities
within an enclosed building for sports and active recreation where patrons are
predominantly participants. Typical uses include athletic clubs; health and fitness
clubs; curling, roller-skating and hockey rinks; swimming pools; rifle and pistol
ranges; bowling alleys; paintball games and racquet clubs.
Industrial, Heavy means a use of land that includes the assembly, fabrication,
storage, or processing of goods and materials that may have impacts in terms of
noise, fumes, odours, or safety hazards outside of the structures in which the use
takes place.
Industrial, Light means a use of land that includes the assembly, fabrication,
storage, or processing of goods and materials that do not create noise, fumes,
odours, safety hazards outside of the structures in which the use takes place.
Infill development means the building of homes, businesses and public facilities
on unused and underutilized lands within the existing urban areas which are
currently serviced with municipal infrastructure common to the applicable land
Town of Niverville Zoning Bylaw 795-18
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zoning, including but not limited to, asphalt roads, street lights, electricity and
municipal sewer and / or water systems.
Kennel means any indoor, enclosed premises on which more than three (3)
domestic animals are boarded, bred, trained or cared for, on a daily or overnight
basis, in return for remuneration or are kept for the purpose of sale. A kennel shall
not include a veterinary clinic, animal hospital, or animal pound.
Landfill means a permanent facility, either publicly- or privately-owned, operated
for the purpose of disposing of or composting solid waste.
Landscape or garden supplies means an establishment, including a building, part
of a building or open space, for the display and/or sale of plants, trees, and other
materials used in indoor or outside planting for retail sales and incidental
wholesale trade.
Landscape/garden contractor or production means a location for the production
of landscape materials, including commercial greenhouses or nurseries, and the
wholesale sale of supplies, plants, trees and landscaping materials.
Lane, public means a thoroughfare not over thirty-three (33) feet in width in public
ownership that affords only a secondary means of access to an abutting
property.
Light truck means a truck or similar vehicle with a single rear axle and single
rear wheels weighing less than 10,000 lbs.
Livestock means animals or poultry not kept exclusively as pets, excluding bees.
Loading aisle means that portion of a loading facility that provides vehicular
access to a loading space, not directly from a driveway. May be shared with a
parking aisle.
Loading driveway means that portion of a loading facility that provides
vehicular access from a public right-of-way to a loading space. May be shared
with a parking driveway.
Loading space means that portion of a loading facility, excluding vehicle
maneuvering areas such as aisles and driveways that will accommodate one
motor vehicle.
Loading means an open area of land or an area within a structure, not
including within a public right-of-way, used for the loading and unloading of
materials, merchandise, or people from motor vehicles.
Lockable bicycle space means a stationary rack where bicycles can be
fastened or secured to prevent theft.
Lot see parcel of land.
Lot of record means any parcel of land lawfully existing prior to the effective
date of this By-law that does not comply with the applicable district
dimensional standards for lots on the effective date of this By-law. A "lot of
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record" may also be referred to as a "non-conforming lot."
Medical, dental, optical, or counselling clinic means a facility for the provision
of human health services and related activities such as preparation of castings,
dentures, and x-rays, for patients without overnight accommodations, and
accessory laboratory facilities. Each clinic shall be considered a single use
regardless of the number of professional service providers sharing a clinic
space.
Micro-brewery, distillery or winery means a small brewery, winery, or distillery
operated in conjunction with a drinking establishment or restaurant, provided
the beer, wine, or liquor is sold for consumption on-site or off the premises and is
not sold to other drinking establishments, restaurants, or wholesalers.
Mining and extraction means the extraction of minerals, sand, gravel, or ores,
from their natural occurrences on affected land and distribution of extracted
materials, including the excavation, processing or distribution of clay, gravel,
stone or soils.
Mobile vending unit means:
a motor vehicle or trailer that is used to sell, offer or provide goods or
services from the vehicle or from within the vehicle while it is parked on a
roadway or the shoulder of a roadway; or
a mobile food unit as defined in the Food and Food Handling
Establishments Regulation, Manitoba Regulation 339/88R.
Mobile home 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.
Mobile home park means a parcel of land upon which mobile home spaces
are provided and have been approved by the designated Officer.
Mobile sign see Sign, mobile.
Motor home means a certified and licensed vehicular structure, as defined in
The Highway Traffic Act that is used as temporary or seasonal accommodation
for recreational purposes and being independent of municipal sewer, water
and electrical services.
Non-conforming use (or non-conformity) means a sign, parcel of land, building,
structure or use which lawfully existed prior to the effective date of this By-law or
amendments thereto, but does not conform to the provisions contained within
this By-law or amendments thereto.
Offensive or objectionable means, when used with reference to signage,
lighting or a development, a use which by its nature, or from the manner of
carrying on the same, creates or is liable to create by reason of noise;
vibration; smoke; dust or other particular matter; odour; toxic or non-toxic
Town of Niverville Zoning Bylaw 795-18
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matter; radiation hazards; fire or explosive hazards; heat; glare; unsightly
storage of goods, materials, salvage, junk, waste or other materials, a
condition which in the opinion of Council or its Designated Officer may be or
become hazardous or injurious in regards to health or safety, or which
adversely affects the amenities of the neighbourhood or interferes with or
may interfere with the normal enjoyment of any land, building or structure.
Office means the use of a building or a portion of a building for the provision of
services to a business, an organization, or to the public. It does not include the
manufacturing of any product or the retail sales of goods.
Office (Small) means a building or portion of a building where the office
use occurs in a space with a ground floor area less than 5000 square feet
(465 square meters).
Office (Large) means a building or portion of a building where the office
use occurs in a space with a ground floor area equal to or greater than
5000 square feet (465 square meters).
Open space means the open, unobstructed space of a lot accessible to all
occupants of any residential or commercial building or structure on the lot, which
is suitable for recreation, gardens, or household service activities and used for the
growth and maintenance of grass, flowers, bushes and other landscaping and
may include any surface pedestrian walk, patio, pool or similar area, but does not
include any driveway, ramp or parking area.
Outdoor participant recreation service means a development providing
facilities which are available to the public at large for sports and active
recreation conducted outdoors. Typical uses include golf courses, driving
range, ski hills, sports fields, skate board park, rock climbing, outdoor tennis
courts, unenclosed ice surface or rinks, athletic fields, picnic areas, boating
facilities, outdoor swimming pools, bowling greens, paintball games, riding
stables and fitness trails.
Outside operations means activities conducted outside that are directly
related to, and in support of a permitted principal use on the site.
Outside storage means outside storage, but not display for sale, of goods
and/or materials. Storage of materials in a structure with a roof, but no walls, is
considered outside storage.
Owner means an owner as defined in The Planning Act.
Parcel of land means a parcel as defined in The Planning Act.
Park, plaza, square, playground means a development of public land
specifically designed or reserved for the general public for active or passive
recreational use and including landscaping, facilities, playing fields, buildings,
and other structures that are consistent with the general purposes of public
parkland, whether or not such recreational facilities are publicly operated or
operated by other organizations pursuant to arrangements with the public
authority owning the park. Typical uses include tot lots, band shells, picnic
Town of Niverville Zoning Bylaw 795-18
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grounds, pedestrian/bicycle paths and pathways, landscaped buffers,
arboretums, botanical gardens, playgrounds, toboggan slides, skateboard
parks, swimming pools, wading pools, and water features.
Parking aisle means that portion of a parking facility that provides vehicular
access to a parking space, not directly from a driveway.
Parking area means an open area of land other than a street or lane or an
area within a structure used for the parking of vehicles.
Parking area, public means a parking area used for the temporary parking of
vehicles and is available for public use whether free, for compensation or as
an accommodation for clients, customers, employees or visitors.
Parking driveway means that portion of a parking facility that provides
vehicular access from a public right-of-way to a parking space, or an aisle.
Parking facility means an open area of land or an area within a structure, not
including an area or structure located within a public right-of-way, used for
the parking of motor vehicles.
Parking space means a space on a parking area, public parking area or
zoning site for the parking or storage of a vehicle.
Parking structure means an enclosed structure or facility where motor vehicles
may be stored for purposes of temporary, daily, or overnight off-street parking as
a principal use. The facility may be above, below, or partially below ground and
includes parking garages and parking decks.
Parking, surface lot means an unenclosed area where motor vehicles may be
stored for purposes of temporary, daily, or overnight off-street parking as a
principal use.
Party wall means a wall forming part of a building and used for separation of
adjoining buildings occupied, constructed or adapted to be occupied by
different persons or businesses.
Passenger vehicle means a self-powered motor vehicle, other than a bus,
commercial vehicle, motor home, or taxicab that is designed, used, or
maintained primarily for the transportation of people on ordinary roads. This
definition includes light trucks, vans, minivans, motorcycles, mopeds, scooters.
Patio means a hard-surfaced area adjoining a building.
Pawn shop means a place where money is loaned on security of personal
property left in pawn and pledged as collateral for the loan.
Performance standard means a standard established to control noise, glare,
odour, smoke, toxic or noxious matter, vibration, fire and explosive hazards or heat
generated by, or inherent in, uses of land or buildings.
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Permitted use means the use of land, buildings or structures provided in this zoning
by-law for which a development permit shall be issued upon the application
having been made, if the use meets all the requirements of this by-law.
Personal care home means a multiple unit dwelling or building containing
individual rooms where people live dependent on personal care.
Personal service shop means a building or part of a building in which persons are
employed in furnishing services and otherwise administering to personal needs
and the repair and maintenance of personal effects, including such
establishments as barber shops, beauty salons, shoe repair shops, tailor and
dressmaking shops, dry cleaning establishments and laundromats.
Pet day care means any indoor, enclosed premises on which up to three (3)
domestic animals are boarded, bred, trained or cared for, on a daily basis, in
return for remuneration.
Place of worship means a building (ex: a church, chapel, mosque, synagogue, or
temple) primarily used for religious purposes.
Planned unit development means a land development project planned as an
entity in accordance with a unitary site plan that permits flexibility in siting of
buildings, mixture of housing types and land uses, useable open spaces and can
include the preservation of significant natural features.
Porch (or veranda) means a covered shelter projecting in front of the entrance of
a building.
Portable garage is a temporary structure that may consist of a metal or steel
frame and may be covered by such material as canvas, plastic, polyethylene,
various types of fabric and other similar materials, which is intended to store
goods, materials or vehicles.
Premises means an area of land with or without buildings.
Principal building means a structure on a site used to accommodate the
principal use.
Principal building entrance means the entrance of any building, generally
facing a sidewalk or public street, intended to accommodate the majority of
public traffic.
Principal use means the primary or predominant activity on any lot or within any
building or structure.
Private communications facilities means outdoor equipment and structures
required for the purposes of transmitting or receiving television, radio, microwave,
radar, laser, or similar communications signals. These facilities may include, but
are not limited to: antennae, aerials, receiving dishes, transmission beacons,
masts and towers.
Private education service means a development for instruction and
education which is not maintained at public expense and which may or may
Town of Niverville Zoning Bylaw 795-18
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not offer courses of study equivalent to those offered in a public school or
private instruction as a home occupation.
Private pool means an artificially constructed basin, lined with concrete,
fiberglass, vinyl or like material that is capable of containing a water depth
greater than 24 inches (60 cm) and that is located on a residential property.
Public education service means a development which is publicly supported
or subsidized involving public assembly for educational, training or instructing
purposes, and includes administration offices required for the provision of such
services on the same site. This Use Class includes public schools, community
colleges, and technical and vocational schools, and associated
administrative offices.
Public library and cultural facility means a development for the collection of
literary, artistic, musical and similar reference materials in the form of books,
manuscripts, recordings and films for public use; or a development for the
collection, preservation and public exhibition of works or objects of historical,
scientific or artistic value. Typical uses include libraries, museums and art
galleries.
Public park means a development of public land specifically designed or
reserved for the general public for active or passive recreational use and
includes all natural and human-made landscaping, facilities, playing fields,
buildings and other structures that are consistent with the general purposes of
public parkland, whether or not such recreational facilities are publicly
operated or operated by other organizations pursuant to arrangements with
the public authority owning the park. Typical uses include tot lots, band shells,
interpretive centres, picnic grounds, pedestrian trails and paths, landscaped
buffers, playgrounds, water features, amphitheatres, and athletic fields.
Public Utility means a system furnishing water, sewage collection, electricity,
telecommunication services, gas or similar services to properties by means of
pipes, lines and other equipment located on or under public roads and other
rights-of-way. It does not include private for-profit or commercial-scale wind or
solar energy generating systems.
Public utility building means a building used by a public utility.
Race track means a measured course where animals or machines are
entered in competition against one another or against time, including tracks
used only in the training of animals.
Rapid drive-through vehicle service means development providing rapid
cleaning, lubrication, maintenance or repair services to motor vehicles, where the
customer typically remains within their vehicle or waits on the premises. Typical
uses include automatic or coin operated car washes (including self-service car
wash), rapid lubrication shops, or specialty repair establishments.
Real estate sales offices and model sales homes means an uninhabited
dwelling unit temporarily used for display purposes as an example of a
dwelling unit to be available for sale or rental in a particular residential
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development and located within that development. Model homes may also
incorporate sales or rental offices for dwellings within the development.
Recreational vehicle means any vehicle, other than an automobile or truck,
with or without motive power, designed for recreational purposes, including
but not restricted to a motorhome, boat, any off-road or all-terrain vehicle,
and a trailer designed specifically for the transport of a recreation vehicle.
Recycling collection centre means a use that serves as a drop-off point for
temporary storage for recoverable resources, such as newspapers, glassware,
plastics, and metal cans. No processing of such items is allowed.
Recycling plant means a facility in which recoverable resources such as
newspapers, glassware, plastics, and metal cans are recycled,
reprocessed, and treated to return such products to a condition in which
they can again be used for production, or consolidated and packaged for
transport from the facility. This facility is not a wrecking yard or a junkyard.
Repair means the renewal or reconstruction of any part of an existing
structure for the purpose of its maintenance or restoration.
Research institution means an establishment or facility engaged in
scientific research, product design, development and testing, and limited
manufacturing necessary for the production of prototypes.
Restaurant means an establishment primarily engaged in the preparation of
food intended to be sold to the public for consumption on or off the
premises. Restaurants may be licensed by the Government of Manitoba for
the sale of alcohol; however, the sale of alcohol is incidental to the sale of
food.
Retail means the use of a building or portion of a building where goods, wares,
merchandise, or similar items (except cannabis) are offered for sale directly to the
public.
Retail (small) means a building or portion of a building where the retail use
occurs in a space with a ground floor area less than 5,000 square feet
(465] square meters).
Retail (large) means a building or portion of a building where the retail use
occurs in a space with a ground floor area equal to or greater than 5,000
square feet (465 square meters).
Road allowance means a registered public street right-of-way.
Roof line means the line made by the intersection of a wall of a building with a
roof of the building.
School, elementary or middle means an accredited school under the
sponsorship of a public, private, or religious agency providing instruction to
students between the kindergarten and middle school levels.
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School, senior high means an accredited school under the sponsorship of a
public, private or religious agency providing instruction to students at the senior
high school level.
Seasonal sales means the outside sale of seasonal merchandise, other than those
sold at a farmer's market, such as Christmas trees, flags, kites, or arts and crafts.
Secondary means a use or structure that takes place on the same site as a
principal use or structure that is not naturally and normally carried out as part of
that principal use (ex: a daycare in an office building).
Secondary suite means a second dwelling unit attached to or within a principal
building, that provides basic requirements for living, sleeping, cooking and
sanitation.
Self-service storage facility means a building or group of buildings consisting of
individual, self-contained units leased to individuals, organizations, or businesses
for self-service storage of personal property. Outdoor storage is limited to
recreational vehicles, boats, and other vehicles.
Semi-detached housing means two dwellings, arranged side-by-side, contained
in a single building with a single foundation, connected by a shared common
wall. This type of development is designed and constructed as two dwelling units
at initial construction. A semi-detached dwelling cannot contain a secondary
suite.
Serviced lot means a lot with the ability to connect to a municipal sewer system.
Shipping container (or "sea can") refers to a portable shipping unit or truck box
repurposed for commercial, agricultural, industrial or residential storage purposes.
Shopping centre means a facility that contains five (5) or more retail sales uses,
and that may also contain other personal service uses, in a single building or
attached buildings, or on adjacent lots, sharing common parking, and with a floor
area greater than 50,000 square feet.
Single-room occupancy means a building, other than a hotel or hostel, which
provides living units with separate sleeping areas and some combination of
shared bath or toilet facilities. The building may or may not provide meals to
guests for compensation, and may or may not have separate shared cooking
facilities for residents. Single-room occupancy includes uses commonly called
"rooming houses" and "boarding houses." Care, treatment or supervision must
not be provided to any resident.
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Site means a whole lot or block in a
registered plan of subdivision, or the
aggregate of all contiguous land
described in a certificate of title or in more
than one certificate of title provided they
are in the same ownership.
Site, corner means a site situated at
the intersection of two streets.
Site, interior means a site other than a
corner site or a through site.
Site, through means a site having a pair
of opposite site lines along two more-
or-less parallel streets.
Site, reverse corner means a corner site, the flanking street site line of
which is substantially a continuation of the front site line of the first site to
its rear.
Site, width means the horizontal distance between the side site lines,
measured at right angles to the site depth at a point midway between the
front and rear site lines, or at the front yard setback of the affected zone,
whichever is the lesser. Site width is different from frontage.
Site, zoning means a parcel of land with frontage on a street, lane or
right-of-way and of at least sufficient size to provide the minimum
requirements for use, area, required yards.
Site area means the computed amount of gross land area contained within the
site lines.
Site coverage means that part or percentage of the site occupied by buildings,
including accessory buildings.
Site depth means the horizontal distance between the centre points in the front
and rear site lines.
Site frontage means all that portion of a site fronting on a street, lane or right-of-
way and measured between side site lines. If the site frontage cannot be
determined the Designated Officer will establish the frontage.
Site line means one of the boundaries of a site, which include:
Site line, front means that boundary of a site along an existing or
designated street. For a through site or corner site, the site lines along both
streets shall be deemed front site lines. Where an irregular shaped site
cannot have its site lines defined by this definition, the front site line shall
be determined by the Designated Officer.
Site line, rear means that boundary of a site which is most nearly parallel
to the front site line. Where an irregular shaped site cannot have its site
Figure 1: Sites Corner (C), Interior (I), Through
and Reverse Corner
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lines defined by this definition, the rear site line shall be determined by the
Designated Officer.
Site line, side means any boundary of a site which is not a front or rear site
line.
Solar collector means a panel or other solar energy device with the primary
purpose of gathering, storing, and distributing solar energy for electricity
generation, space heating, space cooling, or water heating.
Solar collector, commercial means a solar collector designed and built to
provide electricity for commercial sale and distribution to the electricity
grid (ex: a solar farm).
Solar collector, on-site use means a solar collector intended to primarily
serve the electrical needs of the on-site user or consumer (either behind
the meter or off-grid) rather than to produce power for resale. Rooftop
Solar Collectors are a type of On-Site Use Solar Collectors.
Solar collector, rooftop means a roof mounted solar collector and
associated equipment for converting solar energy to power.
Spa means any premises, room or place in which the trade of massaging or
other personal service is carried out for commercial purposes by an individual
not registered with any professional association.
Special event (carnival, circus, fair, concert, or similar event) means a
transportable group or aggregation or combination of rides, shows,
performances, games, or concessions.
Specialized agriculture means an agricultural operation where intensively
managed agricultural products are produced on a smaller land holding than the
minimum size required for general agriculture.
Sports or entertainment arena/stadium, indoor means a fully-enclosed facility
specifically intended for the viewing of public sports, concerts, circuses, and
theatrical productions, where patrons attend on a recurring basis.
Sports or entertainment arena/stadium, outdoor means outdoor or partially-
outdoor facilities specifically intended for the viewing of public sports, concerts,
circuses, and theatrical productions, or exhibition grounds, where patrons attend
on a recurring basis.
Stable or riding academy means a commercial facility where horses are
sheltered, fed, or kept for sale or hire to the public. Training of horses and riders
may also be conducted. A stable may only contain ten (10) animal units or less.
Stable, private means a building or land where horses are sheltered, fed, or kept
for personal use, accessory to a dwelling unit. A stable may only contain ten (10)
animal units or less.
Stacking lane means an area of stacking spaces and driving lane which are
provided for vehicles waiting for service that is physically separated from other
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traffic and pedestrian circulation on the site and is located on private property.
Stacking space means an area within a stacking lane for vehicles waiting to order
and/ or finish a transaction.
Storey means that portion of any building which is situated between the top of
any floor and the top of the floor next above it; and if there is no floor above it,
that portion between the top of such floor and the ceiling above it, but does not
include a basement.
Street means a public roadway having a right-of-way at least 33 feet (10 metres)
in width that affords the principal means of access to abutting land.
Strip mall means a building containing three or more commercial uses which
have been designed and developed as a continuous unit, and characterized by
shared parking, the absence of a common interior walkway, and a linear
orientation along a public road.
Structure means a thing constructed or erected with a fixed location on or below
the ground or attached to something with such a fixed location or on skids. It
includes, but is not limited to, buildings, walls, fences, signs, billboards, light
standards and antennas.
Substantial improvement means any repair, reconstruction, or improvement of a
structure, for which the cost equals or exceeds 50 percent of the assessed value
of the structure either:
1. Before the improvement or repair is started: or
2. If the structure has been damaged and is being restored, before the
damage occurred.
Temporary building and use means an incidental use, building or structure for
which a development permit has been issued for a limited time only.
Theatre means a building or part of a building devoted to showing motion
pictures, or for dramatic, musical or live performances; a building or part of a
building which is used for the commercial showing of films or presentation of live
entertainment.
Tot lot means an area dedicated to public playground use for pre-school
children.
Towing and storage facility means a commercial establishment engaged in
towing of vehicles or equipment from one location to another. Such facilities
may also include an indoor or outdoor storage component for temporary
storage of such vehicles or equipment, but may not include junked, salvage,
or permanently inoperable vehicles or equipment.
Total turbine height means the height from finished grade to the highest vertical
point of a wind turbine's rotor blades.
Use means:
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1. Any purpose for which a building or other structure or parcel of
land may be designed, arranged, intended, maintained or
occupied; or
2. Any activity, occupation, business or operation carried on, or
intended to be carried on, in a building or other structure or on a
parcel of land.
Vehicle means a motorized or non-motorized vehicle that is designed,
constructed or adapted for the purpose of transporting passengers including off-
road, motor home, trailer, travel trailer and truck vehicles.
Veranda see porch.
Wind energy generating system means any device or group of devices such as a
wind charger, windmill or wind turbine that converts wind energy to electrical
energy whether it is used for personal use or for generation of power for sale by
an enterprise.
Wind energy generating system, commercial means a wind energy
generating system designed and built to provide electricity for
commercial sale and distribution to the electricity grid.
Wind energy generating system, on-site use means a wind energy
generating system intended to primarily serve the electrical needs of the
on-site user or consumer (either behind the meter or off-grid) rather than
to produce power for resale. Rooftop Wind Energy Generating Systems
are a type of On-Site Use Wind Energy Generating System.
Wind energy generating system, rooftop means a roof mounted wind
turbine(s) and associated equipment for converting wind energy to
power.
Wrecking and salvage yard means any lot upon which two (2) or more motor
vehicles of any kind, which are incapable of being operated due to condition
or lack of license or registration, have been placed for the purpose of
obtaining parts for recycling or resale. Building materials, scrap metal, or any
other kind of salvage are also be included in this definition.
Town of Niverville Zoning Bylaw 795-18
55
Yard means an open area between the exterior wall of a building and the
boundaries of the site on which it is located.
Yard required
means the yard
measured from
a front, rear, or
side site line
towards the
interior of the
site within
which no
building or any
part of a
building may
be located,
except as
provided in this
bylaw.
Figure 3: Yard Requirements
Town of Niverville Zoning Bylaw 795-18
56
PART 5: Use-Specific Standards
Regardless of whether a use is allowed as a permitted or a conditional use, and
regardless of the zoning district in which the use is located, the following standards for
specific uses must be met, except as otherwise provided in this bylaw or by a conditional
use or variance order:
5.1
Standards for Animal Keeping
Use
PR
AL
RR
RSU
RLD
RMD
RHD
RMU
RCC
CMS
CN
CC
MG
MMU
EI
Animal
Keeping
C*
P=Permitted C=Conditional *Use-Specific Standard Applies Underline=Only as a Secondary Use
The following requirements must be met for all cases where livestock or other
animals (excluding pets) are sheltered, bred, raised, or sold and where the
amount of animals kept on one site do not meet or exceed 10 animal units (AU),
cumulative across species:
a) a maximum of one animal unit (cumulative across species) is permitted for
every two acres (8,094 meters2) of site area;
b) the keeping of livestock must adhere to all other local, provincial and federal
health and agriculture regulations in addition to the standards in this bylaw;
c) any ground-level structure intended for the keeping of animals is only
permitted in the rear yard of a site and must maintain a minimum setback of
15 feet (4.5] meters) from any site line; and
d) animal feed must be properly stored in enclosed vessels, and areas or
enclosures intended for the keeping of animals must be properly cleaned and
maintained to prevent odours from spreading onto abutting properties.
5.2
Standards for Bed and Breakfasts
Use
PR
AL
RR
RSU
RLD
RMD
RHD
RMU
RCC
CMS
CN
CC
MG
MMU
EI
Bed and
Breakfasts
C*
C*
C*
C*
C*
C*
C*
P=Permitted C=Conditional *Use-Specific Standard Applies Underline=Only as a Secondary Use
A bed and breakfast shall only be allowed on a site in a zone in which it is a
permitted or conditional use if it meets all of the following requirements:
a) the operator must reside within the principal residence to which the
Bed and Breakfast is an accessory use;
b) no more than three bedrooms shall be used for the bed and breakfast
operation;
c)
one additional on-site parking spot shall be provided for each
bedroom that is used for the bed and breakfast operation; and
Town of Niverville Zoning Bylaw 795-18
57
d) signs shall follow the regulations for home-based businesses in the zone
in which the bed and breakfast is located.
5.3
Standards for Campgrounds or RV Parks
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 site in a campground RV park;
b) a campground or RV park must provide a roadway with an all-weather
surface that serves all sites;
c) a campground or RV park must provide storage of refuse in a sanitary
manner at a location not more than 500 feet (150) meters from any site;
and
d) a campground or RV park must provide clear numbered identification of
each camping space.
5.4
Standards for Two-Unit Dwellings
A two-unit dwelling shall have no required side yard (contrary to Tables 6.5
through 6.8) on a side that shares a party wall with a building on an adjacent site.
5.5
Standards for Multi-Unit Dwellings
A multi-unit dwelling shall:
a) only be located above the first story of the building in the CC and CMS zones;
b) have no required side yard (contrary to tables 6.5 through 6.8) on a side that
share a party wall with a building on an adjacent site;
c) minimum lot widths for row housing shall be as per Part 3: General Regulations
3.5 Subdivision of Lots With or Without Attached Dwellings and Buildings; and
d) require a development Agreement with the Town of Niverville."
e) For buildings with 4 or more dwelling units, the Developer must ensure that 10%
of the land remains as open space for the use of property occupants. The
cash equivalent may be accepted at the discretion of the Designated
Officer. Open Space must be a minimum block of 1,000 sq. ft. or greater to
qualify as Open Space .
5.6
Standards for Home-Based Businesses
Use
PR
AL
RR
RSU
RLD
RMD
RHD
RMU
RCC
CMS
CN
CC
MG
MMU
EI
Home-Based
Business
P*
P*
C*
C*
C*
C*
C*
C*
P=Permitted C=Conditional *Use-Specific Standard Applies Underline=Only as a Secondary Use
Home-based businesses must:
a) be conducted by a person or persons residing in the dwelling;
B/L 820-20
B/L 835-21
Town of Niverville Zoning Bylaw 795-18
58
b) possess all municipal licenses and /or permits required to operate;
c)
not have processing or outside storage of goods in any Residential or
Commercial zone;
d) other than a Bed and Breakfast, not have more than 30 per cent of the total
floor area of buildings on the site devoted to the business;
e)
have a maximum of one business identification sign, affixed to the wall of a
principal or accessory building, not exceeding:
i)
40 square feet in zones AL and RR;
ii) 6 square feet, non-illuminated in all other zones where home-based
businesses are allowed; and
f)
where the home-based business generates client or customer traffic, a
Conditional Use permit will be required in accordance with the Planning Act.
5.7
Standards for Home Industries
Use
PR
AL
RR
RSU
RLD
RMD
RHD
RMU
RCC
CMS
CN
CC
MG
MMU
EI
Home
Industries
C*
C*
P=Permitted C=Conditional *Use-Specific Standard Applies Underline=Only as a Secondary Use
A Home Industry may be allowed in zones where it is a Permitted Secondary Use
or a Conditional Secondary Use only if the following standards are met:
a) The proponent of the Home Industry must obtain a development permit before
establishing or expanding a Home Industry on a site;
b) The Home Industry will not create unsightly appearances or disturbances that
may be deemed by Council as unsuitable;
c) The Home Industry will not create a potential for conflict with activities that
would normally occur in the affected zone;
d) In the RR zone, exterior storage of products or materials must be limited to the
rear yard. The storage shall be screened and shall not project above the
height of a fence or screening;
e) In the RR zone, the area used to carry out the Home Industry shall not occupy
more than 1,000 square feet (92.9 sq.m.);
f) Signage for the Home Industry shall be located on the subject property and
limited to one non-illuminated (or indirectly illuminated) sign not to exceed:
i. 32 square feet (3 sq.m.) in the AL zone; or
ii. 16 square feet (1.5 sq.m.) in the RR zone;
g) A Home Industry shall be conducted by a resident or residents of the dwelling
unit to which the Home Occupation is secondary, and may employ a
maximum of:
i. 5 non-resident persons in the AL zone; or
ii. 2 non-resident persons in the RR zone;
On-site parking spaces for each employee must be provided; and
h) In the case of rental premises, the proponent will be required to obtain the
permission of the owner of the premises before a development permit will be issued.
Town of Niverville Zoning Bylaw 795-18
59
5.8
Standards for Planned Unit Developments
Use
PR
AL
RR
RSU
RLD
RMD
RHD
RMU
RCC
CMS
CN
CC
MG
MMU
EI
Planned Unit
Development
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
P=Permitted C=Conditional *Use-Specific Standard Applies Underline=Only as a Secondary Use
A Planned Unit Development is a land development project that, because of its
size and/or complexity, density, mixture of land uses or other characteristics, is
built as an entity in accordance with a comprehensive site plan that is presented
by a developer to Council.
A Planned Unit Development:
a) May only be established as a conditional use on a residential- or commercial-
zoned site or proposed development area, subject to the conditional use
provisions of this by-law and The Planning Act;
b) The uses and standards of a Planned Unit Development shall be generally
consistent with the desired character for the area as set out in the Town of
Niverville Development Plan and the uses and standards in the zones
adjacent to the site;
c)
An application for a planned unit development must be accompanied with
a detailed site plan, including:
i.
location of the site boundaries;
ii.
planned location, height, and types of use of buildings and structures;
iii.
planned location of internal roads, parking areas and entrances to site
and proposed construction materials;
iv.
planned location of sidewalks and active transportation paths and
proposed construction materials;
v.
planned locations of communal and public facilities and open spaces;
vi.
planned locations of fencing, lighting, trees, shrubs, groundcover and
plantings;
vii.
planned location of systems supplying electrical power, water, and
collection of sewage and waste/recycling;
viii.
lot grading;
ix.
a list of all instances on the site where the bulk standards of the proposed
buildings and structures do not comply with the requirements of this
zoning bylaw;
x.
the Developer must ensure that 10% of the land remains as open space for
the use of property occupants. The cash equivalent may be accepted at
the discretion of the Designated Officer. Open Space must be a minimum
block of 1,000 sq. ft. or greater to qualify as Open Space; and
xi.
other information as required by Council.
B/L 835-21
Town of Niverville Zoning Bylaw 795-18
60
5.9
Standards for Secondary Suites
Use
PR
AL
RR
RSU
RLD
RMD
RHD
RMU
RCC
CMS
CN
CC
MG
MMU
EI
Secondary
Suites
P*
P*
P*
P*
P*
P=Permitted C=Conditional *Use-Specific Standard Applies Underline=Only as a Secondary Use
Secondary suites are only permitted if they comply with the following regulations:
a) Are only permitted in association with a single-unit dwelling;
b) Not more than one (1) secondary suite shall be permitted on any site;
c)
The secondary suite must be attached to the principal dwelling;
d) A minimum of two (2) on-site parking spaces must be provided for the
secondary suite, in addition to the parking required for the principal building;
e)
The driveway and approach must be a minimum of 20 feet wide;
f)
The maximum floor area of the secondary suite shall not exceed 800 square
feet (56 sq.m.) or 40% of the total assessed floor space of the principal
building (whichever is the lesser);
g)
Only one entrance to the building may be located on the façade that faces
the street unless the dwelling contained an additional street-facing entrance
prior to the creation of a secondary suite. Access to the secondary suite can
be provided via a common area such as a vestibule or similar (subject to the
Manitoba Building Code); and
h)
A building permit will be obtained for the development of a Secondary Suite,
and the development must conform to the Manitoba Building Code.
5.10
Standards for Shipping Containers
Notwithstanding the other regulations of this By-law the following provisions shall
apply to shipping containers:
a) Shall only be used for accessory purposes;
b) A shipping container used for storage must meet the requirements for
accessory buildings in the zone in which it is located;
c)
A shipping container must adhere to the Manitoba Building Code (if
applicable, depending on use);
d) Shall only be located in the rear yard ;
e)
Shall be included in all calculations to determine maximum site coverage;
f)
When stacked, shall not exceed the maximum height for accessory buildings
for the zone;
g)
Notwithstanding the above, when actively used for the transportation of
goods and materials within any Industrial zone no maximum height shall
apply; and
h)
Notwithstanding the above, a shipping container may be permitted for
temporary storage on construction sites in accordance with section 3.4.
Town of Niverville Zoning Bylaw 795-18
61
5.11
Standards for Apiaries
An apiary must meet all of the following standards:
a) In the AL zone, no bee hive shall be located within 25 feet (7.5 meters) of a
site line.
5.12
Standards for Portable Garages
The installation of a portable garage shall be allowed as an accessory use with a
permit as per the Town of Niverville Building By-law only if the following standards
are met:
a) A portable garage is only allowed within a side or rear yard of a site, on a
driveway or parking space;
b) A portable garage must meet the requirements for accessory building side
and rear yard requirements;
c)
A portable garage must not exceed the height and area restrictions for
accessory buildings in the zone in which it is located;
d) The establishment of portable garages as an accessory use will also
require an annual permit or license when permitted in the specified zone;
e)
A portable garage must be kept in good condition, subject to the opinion of
the Designated Officer. Any rip in the fabric must be repaired; and
f)
A maximum of one (1) portable garage is allowed on a site.
5.13
Standards for Solar Collectors
A Solar Collector must meet the following standards:
a) any solar collector not connected to a building shall adhere to the same
setbacks and height restrictions for secondary/accessory buildings in the
zone in which the installation is situated;
b) a roof or wall-mounted solar collector shall not exceed, in size, the total
square footage of the footprint of the principal structure;
c)
a solar collector that is mounted on a roof may project a maximum of 6.5
feet (1.5 m) from the surface of the roof and must not extend beyond the
outermost edge of the roof;
d) the appropriate engineering approvals, licences and permits must be
obtained as required by the Designated Officer; and
e)
a solar collector that is mounted on a wall may project a maximum of two
feet (0.6 m) from the surface of that wall within a side or rear yard.
5.14
Standards for Swimming Pools and Hot Tubs
Swimming pools, hot tubs and similar structures capable of holding a water depth
of greater than 2 feet (0.61 m), shall be allowed as a permitted accessory use to
a residential use, recreational or commercial development provided that:
a) Be located a minimum of 5 feet from either the side or rear property line;
b) The pool or hot tub area is protected by either:
a. In compliance with current Manitoba Building Code requirements,
a fence with self-closing, lockable gates and a minimum height of
6 feet (1.83 m) to prevent unauthorized entry. The fence and gate
Town of Niverville Zoning Bylaw 795-18
62
must be constructed so as to prevent a child from climbing over or
crawling underneath; and
b. a lockable cover as per Manitoba Building Code and/or
applicable Provincial regulations.
Nothing in this subsection shall relieve any such structure from complying with the
requirements under the Building By-law or applicable provincial regulations including The
Manitoba Building Code and The Public Health Act.
5.15
Standards for Wind Energy Generating Systems
Use
PR
AL
RR
RSU
RLD
RMD
RHD
RMU
RCC
CMS
CN
CC
MG
MMU
EI
Wind Energy
Generating
System
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
C*
P=Permitted C=Conditional *Use-Specific Standard Applies Underline=Only as a Secondary Use
For agriculture or residentially-zoned properties, an on-site Wind Energy
Generating System must meet all of the following standards:
a) it is set back at least 20 feet (6.0 m) from the front building line, or, in the case
of corner lots, at least 15 feet (4.5 m) from the front and side lot line;
b) it is limited to a total turbine height of no more than 15 feet (4.5 m) above the
rooftop; and
c) it is safely and securely attached to the rooftop in compliance with the
National and Provincial Building Codes as determined by the Designated
Officer.
5.16
Standards for Temporary Additional Dwellings
Use
PR
AL
RR
RSU
RLD
RMD
RHD
RMU
RCC
CMS
CN
CC
MG
MMU
EI
Temporary
Additional
Dwelling
C*
P=Permitted C=Conditional *Use-Specific Standard Applies Underline=Only as a Secondary Use
Temporary additional dwellings will be considered as a conditional use within
agricultural zones. The conditions and standards for temporary additional
dwellings are as follows:
a) The additional dwelling shall be temporary in nature. It shall be placed on a
concrete pad foundation only, and is to be removed upon the cessation of
occupancy for which it is intended;
b) The front, side and rear yard requirements applicable to the principal
dwelling shall be complied with in the placement of the additional dwelling
unit;
Town of Niverville Zoning Bylaw 795-18
63
c) The unit shall meet all applicable codes for single-family detached
dwellings or mobile homes;
d) Hydro and sewer services shall, where feasible, be connected to existing
facilities upon approval by local and provincial authorities;
e) Sewage disposal for the additional unit shall be provided by means of a
sewage holding tank, and in accordance with applicable provincial
regulations; and
f) Council may impose any other reasonable conditions deemed necessary
to protect adjoining properties and the public welfare.
5.17
Standards for Caretaker's Residence
Use
PR
AL
RR
RSU
RLD
RMD
RHD
RMU
RCC
CMS
CN
CC
MG
MMU
EI
Caretaker's
Residence
C*
P=Permitted C=Conditional *Use-Specific Standard Applies Underline=Only as a Secondary Use
A caretaker's residence must only be a secondary use that may be permitted
subject to the following regulations:
a) As a secondary conditional use in conjunction with a permitted industrial
use class development;
b) Must be occupied by the owner/operator or site watchperson or caretaker
for the principal business located on site;
c) Residential unit must be located within the primary building as a secondary
use;
d) A minimum of two (2) on-site parking spaces must be provided for the
caretaker's residence, in addition to the parking required for the principal
business;
e) The maximum floor area of the caretaker's residence shall not exceed 20%
of the primary use floor space, up to a maximum of 600 square feet; and
f)
A building permit will be required for the development of a caretaker's
residence and the development must conform to the Manitoba Building
Code.
g) Only one caretaker's residence is allowed per lot.
B/L 820-20
B/L 820-20
B/L 835-21
Town of Niverville Zoning Bylaw 795-18
64
PART 6: Zones
6.1
Establishing Zones
Uses of land in the municipality are regulated in accordance with the following
zones:
ZONE
ABBR.
Parks and Open Space
PR
Agriculture Limited
AL
Rural Residential
RR
Residential Single Unit
RSU
Residential Low Density
RLD
Residential Medium Density
RMD
Residential High Density
RHD
Residential Mixed Use
RMU
Recreational Community Complex
RCC
Commercial Main Street
CMS
Commercial Neighbourhood
CN
Commercial Corridor
CC
Industrial General
MG
Industrial Mixed Use
MMU
Educational and Institutional
EI
6.2
Zoning Boundaries
The zones established above in Section 6.1 shall apply within the boundaries of
the zones shown on the maps in Schedule A following these rules of interpretation:
a) boundaries indicated as approximately following the centre-lines of streets,
lanes, highways, rivers, or railway or public utility lines or rights-of-way shall
follow such lines;
b) boundaries indicated as approximately following parcel limits as shown on a
registered plan or by reference to the Dominion Government Survey shall
follow such limits.
6.3
Permitted and Conditional Uses
The permitted and conditional uses prescribed for parcels within each zone are
those set out in the Use Table[s] [Table 1.1]. Permitted uses are indicated on this
table with the letter P. Conditional uses are indicated on this table with the letter
C. 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 use is
not allowed in the zone.
Town of Niverville Zoning Bylaw 795-18
65
6.4
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 this bylaw.
6.5
Use-Specific Standards
Regardless of whether a use is allowed as a permitted or conditional use, and
regardless of the zoning district in which the use is located, the additional
standards for specific uses (in Part 5 of this by-law) must be met, except as
otherwise provided in this by-law or by a Conditional Use or Variance Order.
Town of Niverville Zoning Bylaw 795-18
66
PR - Parks and Open Space Zone
Intent: This zone is intended for land that is used as public parks, natural and recreation
areas. This zone can be used to provide a buffer between potentially incompatible land
uses or provide access to nature and play spaces in urban areas.
2 Site coverage is cumulative for all buildings and structures.
Table 6-1
Parks and Open Space Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Maximum
Requirements
Site Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Cover-
age
(%)2
Camping and Tenting
Grounds
C
See Section 5.3
Cemetery
P
40,000
200
30
15
15
30
n/a
Child Care Services
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Club, Private, Non-Profit &
Recreational
C
40,000
200
30
15
15
30
40
Community Centre
P
80,000
200
50
25
25
30
n/a
Eating & Drinking
Establishment
C
40,000
200
30
15
15
30
40
Funeral Service
C
40,000
200
30
15
15
30
40
Golf Course
C
80,000
200
50
25
25
30
n/a
Indoor Participatory
Recreation Service
P
10,000
80
50
25
25
30
40
Library/Cultural Facility
C
5,000
50
30
5
5
30
60
Outdoor Participant
Recreation Service
P
10,000
80
50
25
25
30
40
Public Park
P
n/a
n/a
30
15
15
30
n/a
Public Utility (inc.
communication installations)
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Accessory/Secondary
Buildings & Structures
P
n/a
n/a
NP
0
0
15
n/a
Town of Niverville Zoning Bylaw 795-18
67
AL - Agriculture Limited Zone
Intent: This zone is intended to preserve existing agricultural sites in an unfragmented
state for future urban development. This zone can be used to provide for limited
agricultural activities .
Table 6-2
AL Agricultural Limited Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site
Area
(acres)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
3
(%)
Animal Keeping
C*
4
200
75
25
25
30
40
Bed & Breakfast
C*
See Section 5.2
Cereal and Special Crop
Production
P
80
1200
75
25
25
35
n/a
Dwelling, Single-Family
C
2
200
75
25
25
30
40
Equestrian Establishment4
P
4
200
75
25
25
30
40
Farmstead Site
P
2
200
75
25
25
30
n/a
Garden Centre/Nursery
C
2
200
75
25
25
30
40
Group Home
C
2
200
75
25
25
30
40
Home-Based Business
P*
See Section 5.6
Home Industry
C*
See Section 5.7
Kennel
C
4
200
75
25
25
30
n/a
Public Utilities, including
communication installations
C
n/a
n/a
30
5
25
n/a
n/a
Secondary Suite
P*
See Section 5.9
Specialized Agriculture
C
10
600
75
25
25
30
n/a
Temporary Additional Dwelling
C*
2
200
75
25
25
30
n/a
3 Site coverage is cumulative for all accessory buildings and structures.
4 Equestrian establishments must meet Standards of Animal Keeping (Part 5)
Town of Niverville Zoning Bylaw 795-18
68
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site
Area
(acres)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
5
(%)
Wind Energy Generating
System
C*
See Section 5.15
Accessory/Secondary Buildings
& Structures 6
P
n/a
n/a
75
15
15
30
n/a
Shipping Containers
P*
n/a
n/a
75
15
15
30
n/a
5 Site coverage is cumulative for all buildings and structures.
6 Accessory buildings and structures cannot be located within 10 feet of the principal dwelling.
Town of Niverville Zoning Bylaw 795-18
69
RR - Rural Residential Zone
Intent: This zone is intended to accommodate single unit dwellings on larger lots that are
more rural in character. Lot sizes may be larger than those found elsewhere in the Town,
but not so large as to be wasteful of land. Secondary Suites are permitted according to
Use-Specific Standards.
7 Site coverage is cumulative for all buildings and structures.
8 Accessory buildings and structures cannot be located within 3 feet of the principal dwelling
9 A Group Home cannot be located within 500 feet of an existing Group Home
Table 6-3
RR Rural Residential Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Maximum
Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)7
Bed & Breakfast
C*
See Section 5.2
Boarding, Fraternity and
Sorority House
C
40,000
100
50
15
25
35
40
Child Care Services
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Dwelling, Single-Unit8
P
40,000
100
50
15
25
35
40
Group Home9
Ci
40,000
100
50
15
25
35
40
Home-Based Business
C*
See Section 5.6
Home Industry
C*
See Section 5.7
Planned Unit Development
C*
See Section 5.8
Public Utilities, including
communication installations
C
n/a
n/a
30
5
25
30
n/a
Secondary Suite
P*
See Section 5.9
Accessory/Secondary
Buildings & Structures
P
n/a
n/a
75
5
5
20
n/a
Town of Niverville Zoning Bylaw 795-18
70
RSU - Residential Single Unit Zone
Intent: This zone is intended to accommodate residential dwellings of one units, and
complementary uses. Secondary suites are permitted according to Use-Specific
Standards.
Table 6-4
Residential Single Unit Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Maximum
Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard10
(ft)
Rear
Yard
(ft)
Dwelli
ng
Unit
(sq.ft.)
Height
(ft)
Site
Cover
age
(%)11
Bed & Breakfast
C*
See Section 5.2
Boarding, Fraternity and
Sorority House
C
4,000
40
25
5/15
25
800
30
40
Child Care Services
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Dwelling, Single-Unit12
P
4,000
40
25
5/15
25
800
30
40
Group Home13
C
4,000
40
25
5/15
25
30
40
Home-Based Business
C*
See Section 5.6
Place of Worship
C
4,000
40
25
15
15
30
40
Public Park
P
n/a
n/a
30
5
25
n/a
n/a
Public Utilities, including
communication installations
C
n/a
n/a
30
5
25
30
n/a
School, elementary or middle
C
4,000
40
25
5
25
30
40
Secondary Suite
P*
See Section 5.9
Accessory/Secondary
Buildings & Structures
P
n/a
n/a
NP
3
3
15
n/a
10 If the garage is attached, a 5 foot side yard is required. If the garage is detached, a 5 foot side yard and a
15 foot side yard must be maintained.
11 Site coverage is cumulative for all buildings and structures.
12 Accessory buildings and structures cannot be located within 3 feet of the principal dwelling.
13 A Group Home cannot be located within 500 feet of an existing Group Home.
Town of Niverville Zoning Bylaw 795-18
71
RLD - Residential Low Density Zone
Intent: This zone is intended to accommodate residential dwellings of one and two units,
and complementary uses. This zone provides for a variety of housing types and
affordability levels to accommodate a range of income levels, the ability to age in place
and diverse market demands [Reg 2.1.2, 2.1.3, 2.2.1]. Secondary suites are permitted
according to Use-Specific Standards.
Table 6-5
Residential Low Density Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Maximum
Requirements
Site
Area
(sq.ft.
)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
14
(ft)
Rear
Yard
(ft)
Dwelli
ng
Unit
(sq.ft.)
Height
(ft)
Site
Cover
age15
(%)
Bed & Breakfast
C*
See Section 5.2
Boarding, Fraternity and
Sorority House
C
4,000
40
25
5/15
25
800
30
40
Child Care Services
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Dwelling, Single-Unit
P
4,000
40
25
5/15
25
800
30
40
Dwelling, Two-Unit16
P*
4,000
60
25
5/15
25
800
30
50
Group Home17
C
4,000
40
25
5/15
25
30
40
Home-Based Business
C*
See Section 5.6
Place of Worship
C
4,000
40
25
15
15
30
30
40
Public Park
P
n/a
n/a
30
5
25
n/a
n/a
Public Utilities, including
communication installations
C
n/a
n/a
30
5
25
30
n/a
School, elementary or middle
C
4,000
40
25
5
25
30
40
Secondary Suite
P*
See Section 5.9
Accessory/Secondary
Buildings & Structures 18
P
n/a
n/a
NP
3
3
15
n/a
14 If the garage is attached, a 5 foot side yard is required. If the garage is detached, a 5 foot side yard and a
15 foot side yard must be maintained.
15 Site coverage is cumulative for all buildings and structures.
16 Accessory buildings and structures cannot be located within 3 feet of the principal dwelling.
17 A Group Home cannot be located within 500 feet of an existing Group Home.
18 Accessory buildings and structures cannot be located within 10 feet of the principal dwelling.
Town of Niverville Zoning Bylaw 795-18
72
RMD - Residential Medium Density Zone
Intent: This zone is intended to accommodate multiple unit dwellings providing between
three and six units, as well as single and two-unit dwellings. The zone permits structures up
to 3 storeys or 35 feet in height.
Table 6-6
Residential Medium Density Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max.
Requiremen
ts
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard19
(ft)
Rear
Yard
(ft)
Dwelli
ng
Unit
(sq.ft.)
Heig
ht
(ft)
Site
Cove
rage
20
(%)
Bed & Breakfast
C*
See Section 5.2
Boarding, Fraternity and
Sorority Houses
C
7,500
75
30
15
25
35
40
Child Care Services
C
7,500
75
30
5
25
35
60
Dwelling, Multi-Unit21
P*
10,000
100
30
15
25
600
35
60
Dwelling, Single-Unit22
C
4,000
40
25
5/15
25
800
30
40
Dwelling, Two-Unit2324
C
4,000
60
25
5/15
25
800
30
50
Group Home25
C
7,500
75
30
5
25
30
40
Home-Based Business
C*
See Section 5.6
Place of Worship
C
10,000
100
25
15
25
35
40
Planned Unit Development
C*
See Section 5.8
Public Park
P
n/a
n/a
30
5
25
n/a
n/a
19 If the garage is attached, a 5 foot side yard is required. If the garage is detached, a 5 foot side yard and a
15 foot side yard must be maintained.
20 Site coverage is cumulative for all buildings and structures.
21 Accessory buildings and structures cannot be located within 3 feet of the principal dwelling.
22 Accessory buildings and structures cannot be located within 3 feet of the principal dwelling.
23 Minimum site width for an individual Row House-type dwelling unit is 20 feet for interior lots and 30 feet for end
cap lots, with minimum site area of 1,800 sq. ft. for all lots.
24 Accessory buildings and structures cannot be located within 3 feet of the principal dwelling.
25 Group Home not to be located within 500 feet of an existing Group Home.
Town of Niverville Zoning Bylaw 795-18
73
Public Utility
C
n/a
n/a
30
5
25
30
n/a
Residential Care Facility
C
10,000
100
30
15
25
35
40
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max.
Requiremen
ts
Site
Area
(sq.ft.)
Site
Widt
h
(ft)
Front
Yard
(ft)
Side
Yard1
(ft)
Rear
Yard
(ft)
Heig
ht
(ft)
Site
Cove
rage
26
(%)
Retail, Sales and Service
C
10,000
100
30
15
25
35
40
Secondary Suite
P*
See Section 5.9
Accessory/Secondary Buildings
& Structures
P
n/a
n/a
NP
3
3
15
n/a
26 Site coverage is cumulative for all buildings and structures.
Town of Niverville Zoning Bylaw 795-18
74
RHD - Residential High Density Zone
Intent: This zone is intended for multiple unit dwellings providing more than six units. The
zone permits structures up to 3 storeys or 35 feet in height.
27 If the garage is attached, a 5 foot side yard is required. If the garage is detached, a 5 foot side yard and a
15 foot side yard must be maintained.
28 Site coverage is cumulative for all buildings and structures.
29 Accessory buildings and structures cannot be located within 3 feet of the principal dwelling.
30 Accessory buildings and structures cannot be located within 3 feet of the principal dwelling.
31 Minimum site width for an individual Row House-type dwelling unit is 20 feet for interior lots and 30 feet for end
cap lots, with minimum site area of 1,800 sq. ft. for all lots.
32 Accessory buildings and structures cannot be located within 3 feet of the principal dwelling.
Table 6-7
Residential High Density Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max.
Requirement
s
Site
Area
(sq.ft.)
Site
Widt
h
(ft)
Front
Yard
(ft)
Side
Yard
27
(ft)
Rear
Yard
(ft)
Dwe
lling
Unit
(sq.f
t.)
Heig
ht
(ft)
Site
Cover
age28
(%)
Bed & Breakfast
C*
See Section 5.2
Child Care Services
C
7,500
75
30
5
25
35
60
Dwelling, Single-Unit29
C
4,000
40
30
5/15
25
800
35
40
Dwelling, Two-Unit30
C
4,000
60
30
5/15
25
800
35
60
Dwelling, Multi-Unit3132
P*
10,000
100
30
15
25
600
35
60
Home-Based Business
C*
See Section 5.6
Place of Worship
C
4,000
40
25
15
25
35
40
Planned Unit Development
C*
See Section 5.8
Public Park
P
n/a
n/a
30
5
25
n/a
n/a
Public Utility
C
n/a
n/a
30
5
25
35
n/a
Residential Care Facility
C
10,000
100
30
15
25
35
40
Secondary Suite
P*
See Section 5.9
Accessory/Secondary
Buildings & Structures
P
n/a
n/a
NP
5
2
15
153
Town of Niverville Zoning Bylaw 795-18
75
RMU - Residential Mixed-Use Zone
Intent: This zone is intended for a more densely populated, primarily residential area. The
zone will encourage medium to high density residential development as existing lower
density residences are redeveloped. Limited commercial, institutional and supportive
uses will be encouraged at a neighbourhood scale and with neighbourhood character.
The zone encourages the pedestrian-friendly nature of a traditional grid development
pattern. The zone covers the range of uses, required yards, and building heights found in
the area's mature neighbourhoods that are adjacent to commercial streets and
downtown areas [Reg 2.1.4, 2.2.3].
Table 6-8
Residential Mixed-Use Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site
Area
(sq.ft.)
Site
Widt
h
(ft)
Front
Yard
(ft)
Side
Yard
33
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)34
Bed & Breakfast
C*
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Boarding, Fraternity or Sorority
C
5,000
50
30
15
25
35
40
Child Care Services
C
5,000
50
30
5
25
35
60
Dwelling, Multi-Unit
P*
10,000
100
30
15
25
35
60
Dwelling, Single-Unit
P
5,000
50
30
5/15
25
35
40
Dwelling, Two-Unit35
P*
5,000
60
30
5/15
25
35
60
Education Service
C
10,000
100
30
15
25
35
40
Group Home36
C
5,000
50
30
5
25
35
40
Home-Based Business
P*
See Section 5.6
Office (Small)
P
5,000
50
30
15
25
35
40
Outside Operations
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Personal Service Shop
P
5,000
50
30
15
25
35
40
Place of Worship
C
5,000
50
30
15
25
35
40
33 If the garage is attached, a 5 foot side yard is required. If the garage is detached, a 5 foot side yard and a
15 foot side yard must be maintained.
34 Site coverage is cumulative for all buildings and structures.
35 Minimum site width for an individual Row House-type dwelling unit is 20 feet for interior lots and 30 feet for end
cap lots, with minimum site area of 1,800 sq. ft. for all lots.
36 Group Home not to be located within 500 feet of an existing Group Home.
Town of Niverville Zoning Bylaw 795-18
76
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site
Area
(sq.ft.)
Site
Widt
h
(ft)
Front
Yard
(ft)
Side
Yard1
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)37
Planned Unit Development
C*
See Section 5.8
Public Park
P
n/a
n/a
30
5
25
n/a
n/a
Public Utility
C
n/a
n/a
30
5
25
35
n/a
Residential Care Facility
C
5,000
50
30
15
25
35
40
Retail, Sales and Service
C
5,000
50
30
15
25
35
40
Secondary Suite
P*
See Section 5.9
Accessory/Secondary Buildings
& Structures
P
n/a
n/a
NP
3
3
15
n/a
37 Site coverage is cumulative for all buildings and structures.
Town of Niverville Zoning Bylaw 795-18
77
RCC -Recreational Community Complex Zone
Intent: This zone is intended to provide a mixed use area that will accommodate a
combination of commercial, residential, public recreational uses and signage which
serve the whole community in keeping with the Town of Niverville Development Plan
[Reg 2.2.3].
Table 6-9
Recreational Community Complex Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max. Requirements
Site Area
(sq.ft.)
Site Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Coverage
(%)
To be established by Council
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Town of Niverville Zoning Bylaw 795-18
78
CMS - Commercial Main Street Zone
Intent: This zone is intended for street-level commercial activity along Main Street, along
with an appropriate mix of multi-unit housing and other compatible uses. The buildings in
this zone are sited to encourage pedestrian activity with minimal setbacks from the
street. The zone supports the rehabilitation and re-use of existing buildings, along with the
preservation of heritage resources and significant structures [Reg 2.2.3].
Table 6-10
Commercial Main Street Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Maximum
Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Heigh
t
(ft)
Site
Cover
age38
(%)
Business Support Services
P
5,000
50
0
0
20
35
60
Cannabis, Retail or Production39
C
5,000
50
0
0
20
35
60
Child Care Services
P
5,000
50
0
0
20
35
60
College or Trade School
C
5,000
50
0
0
20
35
60
Club, Recreational (Private or Non-
Profit)
C
5,000
50
0
0
20
35
60
Custom Manufacturing
Establishments
C
5,000
50
0
0
20
35
60
Dwelling, Multiple Family
C*
See Section 5.5
Eating & Drinking Establishment
C
5,000
50
0
0
20
35
60
Funeral Service
C
5,000
50
0
0
20
35
60
Hotel / Motel
C
5,000
50
0
0
20
35
60
Household Repair Service
P
5,000
50
0
0
20
35
60
38 Site coverage is cumulative for all accessory buildings and structures.
39 Not to be located within 1000 ft of a School or Indoor- Outdoor Participant Recreation Service.
Town of Niverville Zoning Bylaw 795-18
79
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max.
Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Heigh
t
(ft)
Site
Cover
age40
(%)
Indoor Participant Recreation
Service
C
5,000
50
0
0
20
35
60
Kennel
C
5,000
50
0
0
20
35
60
Library / Cultural Facility
P
5,000
50
0
0
20
35
60
Liquor Sales
C
5,000
50
0
0
20
35
60
Other commercial use not listed
C
5,000
50
0
0
20
35
60
Outdoor Patio/Eating Area
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Outside Operations
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Personal Service Shop
P
5,000
50
0
0
20
35
60
Public Utility
C
5,000
50
0
0
20
35
60
Retail Sales & Service
P
5,000
50
0
0
20
35
60
Accessory/Secondary Buildings &
Structures
P
n/a
n/a
NP
3
3
15
n/a
Town of Niverville Zoning Bylaw 795-18
80
CN - Commercial Neighbourhood Zone
Intent: This zone is intended to accommodate small, neighbourhood-scale commercial
uses surrounded by residential areas that are compatible in scale and character with
surrounding residential uses. The intent of this zone is to provide commercial services,
typically located at the intersection of local streets, that will serve the immediate
neighbourhood rather than the broader community. Limited on-site parking will be
provided to accommodate demand.
Table 6-11
Commercial Neighbourhood Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max.
Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Heigh
t
(ft)
Site
Cover
age41
(%)
Business Support Services
C
5,000
50
20
5
20
35
60
Child Care Services
C
5,000
50
20
5
20
35
60
College or Trade School
C
5,000
50
20
5
20
35
60
Club, Private, Non-Profit &
Recreational
C
5,000
50
20
5
20
35
60
Custom Manufacturing Facility
C
5,000
50
20
5
20
35
60
Dwelling, Multiple Family
C*
5,000
50
20
5
20
35
60
Eating & Drinking Establishment
C
5,000
50
20
5
20
35
60
Health Service
C
5,000
50
20
5
20
35
60
Household Repair Service
C
5,000
50
20
5
20
35
60
Indoor Participant Recreation
Service
C
5,000
50
20
5
20
35
60
Library / Cultural Facility
C
5,000
50
20
5
20
35
60
Other commercial use not listed
C
5,000
50
20
5
20
35
60
Outdoor Patio/Eating Area
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Outside Operations
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
41 Site coverage is cumulative for all accessory buildings and structures.
Town of Niverville Zoning Bylaw 795-18
81
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max.
Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Heigh
t
(ft)
Site
Cover
age42
(%)
Personal Service Shop
C
5,000
50
20
5
20
35
60
Planned Unit Development
C*
See Section 5.8
Public Utility
C
5,000
50
20
5
20
35
60
Retail Sales & Service
P
5,000
50
20
5
20
35
60
Accessory/Secondary Buildings &
Structures
P
n/a
n/a
NP
3
3
15
n/a
42 Site coverage is cumulative for all buildings and structures.
Town of Niverville Zoning Bylaw 795-18
82
CC - Commercial Corridor Zone
Intent: This zone is intended to serve commercial facilities located outside of a downtown
area that require a larger site for high traffic or vehicle-related services and uses requiring
direct access to a major arterial street or highway. [Reg 2.2.4]
Table 6-12
Commercial Corridor Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max.
Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard1
(ft)
Rear
Yard
(ft)
Heig
ht
(ft)
Site
Coverage
(%)43
Animal Shelter & Veterinary
Service
P
6,000
50
25
10
15
35
50
Auctioneering Establishment
C
6,000
50
25
10
15
35
50
Automobile Service Station
and Gas Bar
C
6,000
50
25
10
15
35
50
Automobile, Recreational
Vehicle or Farm Implement
Sales/Rentals/Repairs
P
6,000
50
25
10
15
35
50
Business Support Services
P
6,000
50
25
10
15
35
50
Cannabis, Retail or
Production44
C
6,000
50
25
10
15
35
50
Child Care Services
P
6,000
50
25
10
15
35
50
Crematorium
C
6,000
50
25
10
15
35
50
Custom Manufacturing
Facilities
C
6,000
50
25
10
15
35
50
Drive-Through Facility
C
6,000
50
25
10
15
35
50
Dwelling, Multiple Family
C*
6,000
100
25
10
15
35
50
Eating & Drinking Establishment
C
6,000
50
25
10
15
35
50
Emergency Service
P
6,000
50
25
10
15
35
50
43 Site coverage is cumulative for all buildings and structures.
44 Not to be located within 1000 ft of a School or Indoor- Outdoor Participant Recreation Service.
Town of Niverville Zoning Bylaw 795-18
83
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max.
Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard1
(ft)
Rear
Yard
(ft)
Heig
ht
(ft)
Site
Coverage
(%)45
Funeral Service
P
6,000
50
25
10
15
35
50
Garages and Public Parking
Areas
C
6,000
50
25
10
15
35
50
Garden Centres and other
seasonal businesses
C
6,000
50
25
10
15
35
50
Hotel / Motel
C
6,000
50
25
10
15
35
50
Indoor Participant Recreation
Service
C
6,000
50
25
10
15
35
50
Kennel
C
6,000
50
25
10
15
35
50
Liquor Sales
C
6,000
50
25
10
15
35
50
Other commercial use not
listed
C
6,000
50
25
10
15
35
50
Outdoor Amusement
Establishment
C
6,000
50
25
10
15
35
50
Outdoor Participant
Recreation Service
C
6,000
50
25
10
15
35
50
Outdoor Patio
C
6,000
50
25
10
15
35
50
Outside Operations
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Personal Service Shop
P
6,000
50
25
10
15
35
50
Planned Unit Development
C*
See Section 5.8
Library / Cultural Facility
P
6,000
50
25
10
15
35
50
Public Utility
C
6,000
50
25
10
15
35
50
Retail Sales
P
6,000
50
25
10
15
35
50
Self- Storage Facility
C
6,000
50
25
10
15
35
50
45 Site coverage is cumulative for all buildings and structures.
Town of Niverville Zoning Bylaw 795-18
84
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max.
Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard1
(ft)
Rear
Yard
(ft)
Heig
ht
(ft)
Site
Coverage
(%)46
Shopping Centre/Strip Mall
C
40,000
150
125
25
25
35
40
Theatre
C
6,000
50
25
10
15
35
50
Accessory/Secondary Buildings
& Structures
P
n/a
n/a
NP
5
5
35
n/a
Shipping containers
C*
n/a
n/a
125
5
5
35
n/a
46 Site coverage is cumulative for all buildings and structures.
Town of Niverville Zoning Bylaw 795-18
85
MG - Industrial General
Intent: This zone is intended to accommodate all kinds of industrial uses (with associated
shipping traffic) including construction, manufacturing, processing, distribution,
transportation and warehouse uses. This zone includes developments that may by their
nature cause a nuisance to other properties and are located so that industries can
operate or expand safely without negatively affecting other development [Reg 1.1.3].
Table 6-13
Industrial General Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max.
Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard1
(ft)
Rear
Yard1
(ft)
Height
(ft)
Site
Covera
ge47
(%)
Agrichemical Storage Facility
C
7,500
50
20
20
25
35
60
Agricultural Processing Facility C
7,500
50
20
20
25
35
60
Chemical Processing and
Storage
C
7,500
50
20
20
25
35
60
Auctioneering Establishment
(not including livestock)
C
7,500
50
20
20
25
35
60
Automotive Equipment and
Repair
C
7,500
50
20
20
25
35
60
Bulk Storage
C
7,500
50
20
20
25
35
60
Cannabis Cultivation and
Processing
C
7,500
50
20
20
25
35
60
Caretaker's Residence
C*
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Concrete Batch Plant or
Asphalt Plant
C
7,500
50
20
20
25
35
60
Contractors Yard
C
7,500
50
20
20
25
35
60
Custom Manufacturing
Establishments
C
7,500
50
20
20
25
35
60
Emergency Service
C
7,500
50
20
20
25
35
60
Fuel Yard (enclosed)
C
7,500
50
20
20
25
35
60
47 Site coverage is cumulative for all buildings and structures.
Town of Niverville Zoning Bylaw 795-18
86
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max.
Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard1
(ft)
Rear
Yard1
(ft)
Height
(ft)
Site
Covera
ge48
(%)
Manufacturing Use
C
7,500
50
20
20
25
35
60
Portable Asphalt Plant
C
7,500
50
20
20
25
35
60
Public Utility
C
7,500
50
20
20
25
35
60
Recycling Facility
C
7,500
50
20
20
25
35
60
Research Institution
C
7,500
50
20
20
25
35
60
Salvage Operation / Yard
C
7,500
50
20
20
25
35
60
Self-Service Storage Facility
C
7,500
50
20
20
25
35
60
Sewage Treatment Site
C
7,500
50
20
20
25
35
60
Trucking Operation
C
7,500
50
20
20
25
35
60
Veterinary Offices
C
7,500
50
20
20
25
35
60
Retail Sales
C
7,500
50
20
20
25
35
60
Waste Disposal Site
C
7,500
50
20
20
25
35
60
Any industrial use not
specifically mentioned above
C
7,500
50
20
20
25
35
60
Accessory/Secondary
Buildings & Structures 49
P
n/a
n/a
NP
15
15
30
n/a
Shipping Containers
P*
n/a
n/a
NP
15
15
30
n/a
48 Site coverage is cumulative for all buildings and structures.
49 Accessory buildings or structures not permitted in Front Yard; 6 ft required separation from principal building.
Town of Niverville Zoning Bylaw 795-18
87
MM - Industrial Mixed Use Zone
Intent: The Industrial Mixed Use zone allows for the co-location of low-impact industry,
manufacturing, retail and service activities in a modern, mixed-use business
park/employment centre development.
Table 6-14
Industrial Mixed Use Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max.
Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard1
(ft)
Rear
Yard1
(ft)
Height
(ft)
Site
Covera
ge50
(%)
Agricultural Processing Facility C
5,000
50
20
15
25
35
60
Automobile Sales and Service C
5,000
50
20
15
25
35
60
Broadcasting & Motion
Picture Studio
C
5,000
50
20
15
25
35
60
Bulk Storage
C
5,000
50
20
15
25
35
60
Contractors Yard
C
5,000
50
20
15
25
35
60
Custom Manufacturing
Establishments
C
5,000
50
20
15
25
35
60
Crematorium
C
5,000
50
20
15
25
35
60
Emergency Service
P
5,000
50
20
15
25
35
60
Information Technology Use
C
5,000
50
20
15
25
35
60
Kennel
C
5,000
50
20
15
25
35
60
Contractor Yard
C
5,000
50
20
15
25
35
60
Manufacturing Use
C
5,000
50
20
15
25
35
60
Office (small)
P
5,000
50
20
15
25
35
60
Office (Large)
P
5,000
50
20
15
25
35
60
50 Site coverage is cumulative for all buildings and structures.
Town of Niverville Zoning Bylaw 795-18
88
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Max.
Requirements
Site
Area
(sq.ft.)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard1
(ft)
Rear
Yard1
(ft)
Height
(ft)
Site
Covera
ge51
(%)
Other industrial use not listed
C
5,000
50
20
15
25
35
60
Outside Operations
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Public Utility
P
5,000
50
20
15
25
35
60
Research Institution
C
5,000
50
20
15
25
35
60
School, Commercial
C
5,000
50
20
15
25
35
60
Self- Storage Facility
C
5,000
50
20
15
25
35
60
Trucking Operation
C
5,000
50
20
15
25
35
60
Retail Sales
P
5,000
50
20
15
25
35
60
Accessory/Secondary
Buildings & Structures 52
P
n/a
n/a
NP
15
15
35
n/a
Shipping Containers
P*
n/a
n/a
NP
15
15
35
n/a
51 Site coverage is cumulative for all buildings and structures.
52 Accessory buildings or structures not permitted in Front Yard; 6 ft required separation from principal building.
Town of Niverville Zoning Bylaw 795-18
89
EI - Educational and Institutional Zone
Intent: This zone is intended for facilities, services and resources such as civic buildings,
senior educational facilities, regional health facilities and other institutional uses that are
accessible to the public [Reg 1.4.2].
Table 6-15
Educational and Institutional Zone
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Maximum
Requirements
Site
Area
(sq.ft.)
Site
Widt
h
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Covera
ge53
(%)
Cemetery
C
10,000
200
30
15
25
35
90
Child Care Services
P
10,000
100
30
15
15
35
40
Club, Private, Non-Profit &
Recreational
C
10,000
200
30
15
15
35
40
Community Centre
P
10,000
200
30
15
15
35
40
Dwelling, Multi-Unit54
C
10,000
100
30
15
15
35
40
Eating & Drinking
Establishment
C
10,000
200
30
15
15
35
40
Education Service
P
10,000
200
30
15
15
35
40
Emergency Service
P
10,000
200
30
15
15
35
40
Extended Medical Treatment
Service
P
10,000
200
30
15
15
35
40
Funeral Service
C
10,000
200
30
15
15
35
40
Hospital and Health Service
P
10,000
100
30
15
15
35
40
Indoor Participant Recreation
Service
C
10,000
200
30
15
15
35
40
Library / Cultural Facility
P
10,000
100
30
15
15
35
40
53 Site coverage is cumulative for all buildings and structures.
54 Minimum site width for Row Houses is 30 feet.
Town of Niverville Zoning Bylaw 795-18
90
Use Class
P=Permitted C=Conditional
*=Use-Specific Standard Applies
Underline = Only as a Secondary Use
Minimum Requirements
Maximum
Requirements
Site
Area
(sq.ft.)
Site
Widt
h
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Height
(ft)
Site
Covera
ge55
(%)
Outdoor Participant
Recreation Service
C
10,000
200
30
15
15
35
40
Outside Operations
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Planned Unit Development
C*
See Section 5.8
Public Park
P
n/a
n/a
30
15
15
n/a
n/a
Public Utility
C
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Place of Worship
P
10,000
200
30
15
15
35
40
Research Institution
C
10,000
100
30
15
15
35
40
Residential Care Facility
P
10,000
200
30
15
15
35
40
Retail Sales and Service
C
10,000
100
30
15
15
35
40
School, Senior
P
10,000
200
30
15
15
35
40
School, Elementary or Middle
P
10,000
200
30
15
15
35
40
Spiritual and Cultural
Retreats/Facilities
C
10,000
200
30
15
15
35
40
Accessory/Secondary
Buildings & Structures56
P
n/a
n/a
NP
5
5
15
n/a
Portable or Temporary
Classrooms
C
n/a
n/a
30
5
5
15
n/a
55 Site coverage is cumulative for all buildings and structures.
56 Accessory Buildings not permitted in the front yard. 6 foot separation from principal building required.
Town of Niverville Zoning Bylaw 795-18
91
PART 7: Signage
7.1
Definitions
Apex means the highest point of a sign as measured from the point on the
ground where its structure is located, or, if no sign structure is present, from the
point on the ground directly below the sign itself.
Bulletin Board means a sign of permanent character, but with movable letters,
words or numerals indicating the names of persons associated with, or event
conducted upon, or products or services offered upon the premises upon which
a sign is maintained, e.g. school, church, community centre bulletin board and
similar uses.
Clearance means the height above the walkway, or other surface if specified, of
the bottom edge of an element.
Outdoor Display Case means a sign consisting of a lockable framed cabinet with
a transparent window or windows, mounted onto a building wall or freestanding
support. It allows the contents, such as menus or maps, to be maintained and
kept current.
Sign means any writing, illustration, or emblem, which directs attention to a
building, use, business, commodity, service, or entertainment.
Address Sign means a sign, generally applied to a building wall that
displays a building's address.
Advertising or Billboard Sign means a sign directing attention to a
business, commodity, service, or entertainment conducted, sold, or
offered elsewhere than upon the same site where the sign is located.
Awning Sign means a sign that is incorporated into the material of an
awning.
Business Sign means a sign directing attention to a business, commodity,
service or entertainment conducted, sold or offered upon the same
zoning site where the sign is maintained.
Construction Sign means a sign which identifies a construction project and
information relative thereto.
Digital Sign means a sign that uses electronic screens, light emitting
diodes, or similar technology. Digital signs may include (but are not limited
to) digital reader boards or digital static copy screens.
Fascia or Marquee Sign means a sign or individual letters attached to or
inscribed on a wall or other surface and having the exposed face of the
sign on a place approximately parallel to the plane of such wall or other
surface and projecting not more than 2 feet (0.6 metres) from the face of
such wall. May include a sign attached to a marquee. A fascia sign shall
Town of Niverville Zoning Bylaw 795-18
92
also mean any sign attached to the walls of two or more buildings and
spanning the spaces between the said buildings.
Free-Standing Sign means a sign supported by one or more poles, braces
or anchors that are placed permanently in the ground and that are
independent from any building or other structure. Free-standing signs may
include (but are not limited to) billboard signs and signs that are attached
to fences.
Identification Sign means a sign that identifies the business, owner,
resident or the street address and which sets forth no other advertisement.
Inflatable Sign means a three-dimensional device that is designed to be
filled with air or gas, which may or may not incorporate writing, illustrations,
or emblems.
Mobile Sign means a sign which is mounted on a trailer, stand, or other
support structure which is designed in such a manner that the sign can be
readily taken down or relocated, and which may include copy that can
be changed through the use of removable characters, panels, or by
electronic means.
Projecting Sign means a sign attached to a building, which extends
perpendicularly beyond the surface of that portion of the building to
which it is attached.
Roof Sign means any sign erected, constructed and maintained wholly
upon or over the roof of a building with the principal support on the roof
structure.
Sidewalk Sign or Sandwich Board means a moveable freestanding sign
that is typically double-sided, placed at the entrance to a business to
attract pedestrians.
Sign Surface Area means the entire area within a single continuous perimeter
enclosing the extreme limits of writing, representation, emblem, or any figure of
similar character, including any frame or other material or colour forming an
integral part of the display or used to differentiate such sign from the background
against which it is placed. Where a sign has two or more faces, the area of all
faces shall be included in determining the area of the sign, except that where
two such faces are placed back to back and are at no point more than 2 feet
(0.61 m) from one another, the sign surface area of the sign shall be taken as the
surface areas of one face if the two faces are of equal area, or as the surface
area of the larger face if the two faces are of unequal area.
Temporary Sign means a sign, on public property, which is not permanently
anchored to a footing extending below grade or permanently affixed to, or
painted on, a building and on which the copy has been painted or affixed in a
permanent manner. The copy on the sign shall relate to an activity, use or event
of a limited time duration. Temporary signs include political campaign signs, real
estate signs, and signs advertising specific community events. For the purpose of
this by-law, temporary signs shall not include portable signs.
Town of Niverville Zoning Bylaw 795-18
93
Valance means the portion of an awning that hangs perpendicular to the
sidewalk.
Window Sign means a sign placed or painted on the interior of a shop front
window or the window of a business door.
Yard Sign means a permanent freestanding sign in a Front Yard, including a
supporting post or posts.
7.2
General Sign Regulations
The regulations of this section are intended and designed to establish a minimum
control of signs.
Such control is deemed essential to promote the health, safety, and general
welfare by reducing hazards to pedestrian and vehicular traffic, and by
preventing unsightly and detrimental development having a blighting influence
upon residential, business and industrial uses.
The following shall apply in all zones in this section except wherein otherwise
stated:
a) No sign or sign structure shall be erected at any location where it may
interfere with, obstruct the view of, or be confused with any authorized
traffic sign, signal or device.
b) No sign or sign structure shall be located in such a manner as to materially
impede the view of any street or highway intersection, or in such a manner
as to materially impede the view of the intersection of a street or highway
with a rail road grade crossing.
c) No rotating beam or beam shall be used in connection with any sign
display; nor shall any flashing illumination resembling an emergency light
be used for such purpose.
d) No flashing signs shall be permitted in any zone without the approval of the
Council. In any event, no flashing sign shall be permitted within one
hundred (100) feet of any residential zone or Provincial Roads or Provincial
Trunk Highways.
e) All signs and sign structures shall be kept in repair and in proper state of
preservation. Signs which have become obsolete because of
discontinuance of the business service or activity, and have not been
removed or relocated within thirty (30) days following such condition, may
be removed by the Town at the owner's expense.
f) Where a sign has two or more faces, the area of all faces shall be included
in determining the area of the sign, except that where two such faces are
placed back to back and are at no point more than two (2) feet from one
another.
g) It shall be unlawful to erect or maintain any sign on, over or above any
land or right-of-way belonging to the Town unless such right is established
Town of Niverville Zoning Bylaw 795-18
94
by agreement with the Town, and all signs shall adhere to all the setback
requirements of the commercial zone in which they are located.
h) No advertising billboard or other type of display sign shall be constructed in
any Zone without the approval of the Council, except as otherwise stated
herein.
i) The following signs shall not be subject to the provisions of this PART, except
wherein otherwise stated herein:
i.
Signs posted by duly constituted public authorities in the performance
of their public duties;
ii.
Flags or emblems of a political, civic, educational or religious
organization;
iii.
Temporary signs as may be authorized by Council for not more than
two (2) months at a time by written permit which shall show the size,
shape, content, height, type of construction and location of such
signs;
iv.
"No Trespassing" signs not exceeding three (3) sq. ft.;
v.
Construction signs when placed on construction sites and not exceed
twenty-five (25) sq. ft.; and
vi.
Signs required for direction and convenience of the public including
signs which identify rest rooms or parking entrance or exit, not
exceeding five (5) sq. ft. in area.
j) No sign shall be located on town property unless written approval has
been obtained from Council.
k) Where permitted an advertising sign shall not be greater than fifty-five (55)
ft. in horizontal dimension, eighteen (18) ft. is vertical dimension and shall
not contain more than two (2) advertising signs per facing. The maximum
height of advertising signs erected upon the ground shall not exceed forty
(40) ft. above grade level at the base of such a structure.
l) No flashing signs shall be permitted in any Zone without the approval of
council. In any event no flashing sign shall be permitted within one
hundred (100) ft. of any Residential Zone or Provincial Road and Provincial
Trunk Highway.
Commercial/Industrial Related Use Signs
In the Commercial Main Street zone signs shall be permitted as follows:
a) one illuminated or non-illuminated facia identification or business sign
identifying any use contained on the building or structure, signs having an
aggregate sign surface area not exceeding twenty (20) percent of the
surface of the wall to which they are attached;
b) one illuminated or non-illuminated free-standing business or identification
sign, having a maximum height not exceeding twenty-five (25) ft.; located
in the required front yard, but no part of such sign shall be located nearer
Town of Niverville Zoning Bylaw 795-18
95
the front or side site lines than one (1) foot, the total aggregate sign
surface are not to exceed thirty-two (32) sq. ft.;
c) one illuminated or non-illuminated business or identification sign not
exceeding forty (40) sq. ft. may be erected on the roof of the building
containing the business it identifies, which sign shall not be in addition to a
fascia sign but as an alternative thereof;
d) advertising signs shall be conditional use in the Commercial Main Street
Zone.
In the Commercial Corridor, the Industrial General and the Industrial Mixed Use zones
signs shall be permitted as follows:
a) one illuminated or non-illuminated fascia identification sign surface area
not to exceed one (1) sq. ft. for each ft. of site width of the property on
which it is located, but not exceeding a total aggregate sign surface area
of one hundred (100) sq. ft., for any building or use permitted in this zone.
An accessory building or structure shall not qualify for a separate
identification sign.
b) any identification or business sign permitted in subclause (a) above may
be attached to the face or roof of a building or structure or it may be a
free-standing sign, having an aggregate sign surface area not exceeding
one hundred (100) sq. ft.
c) advertising and other signs not provided for in subclauses (a) and (b),
above, shall be conditional uses.
In the Neighbourhood Commercial zone, signs will be permitted as follows:
a) One non-illuminated identification business sign attached to the building
façade will be permitted; and
b) All other signage will require the approval of Council.
The following signs shall be permitted in the Industrial General and Industrial Mixed
Use Zones:
a) One illuminated or non-illuminated fascia business or identification sign
identifying any use contained on the building or structure, but not
exceeding a total aggregate sign surface area of one hundred (100) sq.
ft., for any building or use permitted in this zone. An accessory building or
structure shall not qualify for a separate identification sign;
b) Any identification or business sign permitted in clause (a) above may be
attached to the face or roof of a building or structure or it may be a free-
standing sign, having an aggregate sign surface area not exceeding one
hundred (100) sq. ft.;
c) Bulletin board signs shall be permitted to a maximum size of thirty-two (32)
square feet; and
Town of Niverville Zoning Bylaw 795-18
96
d) Advertising signs shall be conditional uses, the size of which shall be
determined by Council.
Signs in the "RCC" Recreational Community Complex Zone
a) In the "RCC" Recreational Community Complex Zone, any sign that does
not conform to the signs identified in this part, will not be permitted.
General signs shall be determined by Council.
Agricultural Use Class Signs
Signs in the agricultural use class shall be regulated as follows:
a) There shall be not more than one (1) illuminated or non-illuminated
identification sign having an area not exceeding one (1) square foot for
each ten (10) feet of site frontage, with a maximum of one hundred (100)
sq. ft.;
b) Signs are permitted that pertain to the lease, sale or use of a site or
building on which they are placed, and not exceeding a total of twelve
(12) sq. ft.;
c)
Advertisement signs may be permitted as a conditional use in the
Agricultural Limited Zone.
Town of Niverville Zoning Bylaw 795-18
97
SCHEDULE A: ZONING MAPS
Map 1