City of Portage la Prairie Zoning By-law No. 21-8724
Portage la Prairie, Manitoba
· adopted 2021-12-13
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City
of
Zoning By-law
No. 21-8724
THE CITY OF PORTAGE LA PRAIRIE
BY-LAw NO. 21-8724
BEING A BY- LAW to regulate the use and development of land within the CITY OF
PORTAGE LA PRAIRIE.
WHEREAS, pursuant to the provisions of Subsection 40(1) of The Planning Act, the
Portage la Prairie Planning District, which includes the City of Portage la Prairie, has
by By-Law adopted the Portage la Prairie Planning District Development Plan
By-law 2-2018;
AND WHEREAS, Section 68 of The Act provides that a Municipal Council within a
Planning District must adopt a zoning by-law that is generally consistent with the
Development Plan By-law;
NOW THEREFORE, the Council of the CITY OF PORTAGE LA PRAIRIE, in a meeting
duly assembled repeals Zoning By-law 10-8492 and amendments and enacts the
CITY OF PORTAGE LA PRAIRIE ZONING BY-LAW NO. 21-8724.
DONE AND PASSED in Council duly assembled this 13th day of December, 2021.
The City of Portage la Prairie
(signed by Irvine Ferris)
Mayor
(signed by Diane Van Aert)
Manager of Administration
Read a first time this 12th day of October, 2021.
Read a second time this 13th day of December, 2021.
Read a third time and passed this 13th day of December, 2021.
City of Portage la Prairie Zoning By-law No. 21-8724
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Table of Contents
PART 1 PURPOSE & INTENT ...................................................... 1-1
1.1 The By-law ............................................................................................................................................. 1-1
1.2 Intent ...................................................................................................................................................... 1-1
1.3 Responsible Authority ............................................................................................................................ 1-2
1.4 Interpretation and Application of By-law................................................................................................. 1-2
1.5 Accordance with Other By-laws ............................................................................................................. 1-2
1.6 Enforcement ........................................................................................................................................... 1-2
1.7 Rules of Interpretation ............................................................................................................................ 1-2
1.8 Divisions of By- law ................................................................................................................................ 1-4
1.9 Measurements ........................................................................................................................................ 1-4
1.10 Zoning Districts ..................................................................................................................................... 1-4
1.11 Zoning Map .......................................................................................................................................... 1-5
1.12 Zoning Boundaries ............................................................................................................................... 1-6
1.13 Definitions ............................................................................................................................................. 1-7
PART 2 ADMINISTRATION & ENFORCEMENT .......................... 2-1
2.1 Administration ......................................................................................................................................... 2-1
2.2 Responsibilities of Council ..................................................................................................................... 2-1
2.3 Responsibilities of the Owner ................................................................................................................. 2-1
2.4 Responsibilities of the Development Officer .......................................................................................... 2-2
2.5 Development Permit Information ............................................................................................................ 2-3
2.6 Amendments .......................................................................................................................................... 2-4
2.7 Development Agreements ...................................................................................................................... 2-4
2.8 Conditional Uses .................................................................................................................................... 2-5
2.9 Variations ............................................................................................................................................... 2-5
2.10 Permitted and Existing Uses Permitted................................................................................................ 2-6
2.11 Non-Conformity .................................................................................................................................... 2-6
2.12 Site Reduced ........................................................................................................................................ 2-8
2.14 Order to Remedy Contravention.........................................................................................2-9
2.13 Fee Schedule ....................................................................................................................................... 2-8
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PART 3 GENERAL DEVELOPMENT STANDARDS ................... 3-1
3.1 Intent of Standards ................................................................................................................................. 3-1
3.2 Setback Standards for Infill .................................................................................................................... 3-1
3.3 Standards for Edges of Zones Abutting Other Use Zones .................................................................... 3-2
3.4 Regulations for the Development of New Subdivisions ......................................................................... 3-2
3.5 Environmental Considerations of New Development ............................................................................. 3-3
3.6 Accessibility Standards for Adaptable Housing ..................................................................................... 3-4
3.6.1 Voluntary Guidelines for Ground-Oriented Housing ........................................................................ 3-4
3.7 Accessory PARKING Regulations ......................................................................................................... 3-4
3.7.1 General Parking Requirements ........................................................................................................... 3-4
3.7.2 Additional "C4" Planned Regional Commercial Zone Parking Requirements ............................. 3-5
3.7.3 Accessory Parking Layout................................................................................................................... 3-6
3.7.4 "C2" Central Commercial Zone - Reduced Parking Requirements ............................................... 3-7
3.8 Parking Area Dimensions: Minimum Requirements .............................................................................. 3-7
3.9 Stacking Space Requirements ............................................................................................................... 3-7
3.10 Loading Requirements ......................................................................................................................... 3-8
3.11 Compliance with Bulk Requirements ...................................................................................3-9
3.12 Public Monuments ................................................................................................................................ 3-8
3.13 Public Utilities and Service ................................................................................................................... 3-9
3.14 Building Grade and Site Drainage ........................................................................................................ 3-9
3.15 Street, Lane and Road Frontage .......................................................................................................... 3-9
3.16 Future Road Deemed Existing ............................................................................................................. 3-9
3.17 Municipal Service Connection .............................................................................................................. 3-9
3.18 Height Restrictions ............................................................................................................................. 3-10
3.19 Area and Yard Requirements ............................................................................................................. 3-10
3.20 Party Walls ......................................................................................................................................... 3-11
3.21 Flood Risk Areas and Hazard Lands ................................................................................................. 3-11
3.22 Multiple Uses or Provisions..............................................................................................3-13
3.23 Accessory Uses Buildings and Structures ..........................................................................3-13
3.24 Temporary Buildings and Uses .......................................................................................................... 3-13
3.25 Corner Vision Triangles ...................................................................................................................... 3-13
3.26 Livestock Operating Policies .............................................................................................................. 3-13
3.27 Special Development Restrictions ..................................................................................................... 3-14
3.28 Projections into Required Yards ......................................................................................................... 3-14
3.29 Number of Principal Dwellings.........................................................................................3-17
PART 4 RESIDENTIAL ZONES .................................................... 4-1
4.1 Type and Intent of Residential Zones .................................................................................................... 4-1
Table 4.1 Residential Zone Site Requirements........................................................................................... 4-2
Table 4.2 Residential Land Use Regulations and Parking ........................................................................ 4-5
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PART 5 COMMERCIAL ZONES ................................................... 5-1
5. 1 Type and intent of Commercial Zones .................................................................................................. 5-1
Table 5.1 Commercial Zone Site Requirements ......................................................................................... 5-2
Table 5.2 Commercial Zone Land Use Regulations and Parking ............................................................. 5-5
5.2 Commercial Zone Regulations ............................................................................................................... 5-8
5.2.1 Multiple Buildings and Uses ................................................................................................................ 5-8
5.2.2 Multi-Building Developments .............................................................................................................. 5-8
5.3 Commercial Zone Design Standards ..................................................................................................... 5-9
5.3.1 Consistency of Design ......................................................................................................................... 5-9
5.3.2 Bicycle Access ...................................................................................................................................... 5-9
5.3.3 Landscaping .......................................................................................................................................... 5-9
5.4 Regional commercial zone standards .................................................................................................. 5-10
5.4.1 Site Plan Design Guidelines ..............................................................................................................5-11
5.4.2 Large Format Commercial Site Development Standards ..............................................................5-11
PART 6 INDUSTRIAL ZONES ...................................................... 6-1
6.1 Type and Intent of Industrial Zones ....................................................................................................... 6-1
Table 6.1 Industrial Zone Site Requirements .............................................................................................. 6-2
Table 6.2 Industrial Land Use Regulations and Parking ........................................................................... 6-3
6.2 Industrial Zone Standards & Regulations............................................................................................... 6-6
6.2.1 Multiple Buildings and Uses ................................................................................................................ 6-6
6.2.2 Landscaping Standards ....................................................................................................................... 6-6
6.2.3 Outside Operations ............................................................................................................................... 6-6
PART 7 OPEN SPACE/RECREATION & LIMITED AGRICULTURE
ZONES ........................................................................................... 7-1
7.1 Type and Intent of Open Space/Recreation and LIMITED AGRICULTURE Zones .............................. 7-1
Table 7.1 Open Space/Recreation and Limited Agriculture Zone Site Requirements ........................... 7-2
Table 7.2 Open Space/Recreation and Limited Agriculture Land Use Regulations and Parking ....... 7-3
7.2 Application of Limited agriculture ........................................................................................................... 7-5
7.3 Limited Agriculture Zone Principles and Guidelines .............................................................................. 7-5
7.3.1 Urban Expansion Development Strategy ........................................................................................... 7-6
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PART 8 USE STANDARDS......................................................... 8-1
8.1 Childcare, Centre ................................................................................................................................. ..8-1
8.2 Childcare, Home-Based ......................................................................................................................... 8-2
8.3 Home Occupations ................................................................................................................................. 8-3
8.4 Bed and Breakfast .................................................................................................................................. 8-4
8.5 Mobile Homes and Mobile Home Parks ................................................................................................. 8-5
8.5.1 Mobile Home...............................................................................................................8-5
8.5.2 Mobile Home Park.........................................................................................................8-5
8.6 Dwelling, Multiple Family ...................................................................................................8-6
8.7 Secondary Suites ................................................................................................................................... 8-8
8.8 Private Swimming Pools and Hot Tubs .................................................................................................. 8-9
8.9 School, Elementary or Junior High ....................................................................................................... 8-10
8.10 School, Senior High............................................................................................................................ 8-10
8.11 Drive-Through Establishments ........................................................................................................... 8-11
8.12 Shipping Container ............................................................................................................................. 8-12
8.13 Private Commuication Facilities ......................................................................................................... 8-12
8.14 Renewable Energy Generating Systems ........................................................................................... 8-12
8.14.1 Small Wind Energy Generating Systems...................................................................... 8-12
8.14.2 SolarCollectors......................................................................................................... 8-15
8.15 Signs .......................................................................................................................... 8-16
8.15.1 General Signage Standards........................................................................................8-16
8.15.2 Exceptions...............................................................................................................8-17
8.15.3 Signage Maximum.....................................................................................................8-18
8.15.4 Signage Specifications ................................................................................................................. 8-18
APPENDIX - ZONING MAPS ...................................................... A-1
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PART 1
PURPOSE & INTENT
1.1 THE BY-LAW
(1)
This By-law shall be known and may be cited as "City of Portage la Prairie
Zoning By-law."
(2)
This By-law shall be in full force and effect on the day it is given Third
Reading by the Council of Portage la Prairie.
(3)
This By-law shall apply to all of the corporate limits of the City of Portage
la Prairie.
1.2 INTENT
The regulations and provisions established by this By-law are deemed necessary
in order to:
(1)
Implement the objectives and policies of the Development Plan, By-law
No. 02-2018.
(2)
To define and limit the powers and duties of the Council and the
Development Officer; and
(3)
To regulate the following:
a)
all buildings and structures erected hereafter;
b)
all uses of buildings, structures and land established hereafter;
c)
all alterations, demolitions or relocations of existing buildings and
structures occurring hereafter;
d)
all enlargements of existing buildings, structures or uses; and
e)
all changes in the use or intensity of use of buildings, structures and
land occurring hereafter.
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1.3 RESPONSIBLE AUTHORITY
(1)
The authority responsible for the enactment of this By-law shall be the
Council, in accordance with the provisions of The Act; and
(2)
Subject to the provisions of The Act, the regulations, restrictions and
boundaries set forth in this By-law may from time to time be amended or
repealed.
1.4 INTERPRETATION AND APPLICATION OF BY-LAW
In their interpretation and application, the provisions of this By-law shall be held
to be the minimum requirements to satisfy the intent and purpose as set forth
herein.
1.5 ACCORDANCE WITH OTHER BY-LAWS
Whenever provisions of any By-law of the Municipality or any other requirement
of the Provincial or Federal Government impose overlapping regulations over the
use of land or buildings or bulk requirements or contain any restrictions covering
any of the same subject matter contained herein, the most restrictive or highest
requirement shall govern.
1.6 ENFORCEMENT
The enforcement of this By-law, or any resolution or Order enacted by the Council
under The Act or any regulation made there under shall be in accordance with
The Act.
1.7 RULES OF INTERPRETATION
The following rules of interpretation shall apply to the text of this By-law:
(1)
Words, phrases and terms defined herein are written in italics and shall be
given the defined meaning, as per Section 1.13.
(2)
Words, phrases and terms not defined in 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 Manitoba Plumbing Code and the
Building By-law of the Municipality.
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(3)
Words, phrases and terms neither defined in this By-law nor in an
applicable Building By-law of the Municipality 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.
(4)
Where any requirement of this By-law results in a fraction of a unit, a
fraction of one/half (1/2) or more shall be considered a whole unit and a
fraction of less than one/half (1/2) shall be disregarded.
(5)
The term "shall" is mandatory and not permissive; the word "may" is
permissive and not mandatory.
(6)
Words used in the singular include the plural and words used in the plural
include the singular.
(7)
Words used in the present tense include the future tense and words used
in the future tense include the present tense.
(8)
The phrase "used for" includes "arranged for", "designed for", "maintained
for" or "occupied for".
(9)
The words "person" includes an individual, a corporation, a partnership,
an incorporated association, or any other similar entity.
(10)
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", "either-or", the conjunction shall be interpreted
as follows:
a)
"And" indicates that all the connected items, conditions, provisions or
events shall apply in any combination.
b)
"Or" indicates that the connected items, conditions, provisions or
events may apply singly or in any combination.
c)
"Either-or" indicates that the connected items, conditions, provisions,
or events shall apply singly but not in combination.
(11)
The words "include" "includes" or "including" shall not limit a term to the
specified examples, but is intended to extend the meaning to all other
instances or circumstances of like kind or character.
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1.8 DIVISIONS OF BY- LAW
This By-law is divided into PARTS relating to themes. Each Part is designated by
the written words "PART" in capitals followed by a title.
Sections and sub-sections within parts are divided by a consistent numbering
system. For example: 1.1.1 refers to part 1, section 1, and subsection 1. Letters
or numbers are also used to convey points or clauses where appropriate, such
as: a), i, (1).
1.9 MEASUREMENTS
All dimensions provided for in this By-law are in Metric measurements. A
Metric/Imperial conversion table is provided below.
CONVERSION TABLE
METRIC TO IMPERIAL
IMPERIAL TO METRIC
1 M = 3.281 FEET
1 FOOT = 0.3048 M
1 KM = 0.6214 MILES
1MILE = 1.6093 KM
1 SQ M = 10.764 SQ FEET
1 ACRE = 4046.9 SQ M
1 Ha = 2.4711 ACRES
1 ACRE = 0.40468 Ha
1.10 ZONING DISTRICTS
This By-law contains a total of fifteen (15) Zoning Districts:
Residential Zones
There are seven Residential Zones which provide for varying densities of single
family and multiple-family land uses, as well as mobile homes. The residential
zones in this By-law include:
"RR"
Rural Residential Zone
"R1"
Residential Single-Family Zone
"R1-60" Residential Single-Family Zone
"R2"
Residential Two-Family Zone
"R3"
Residential Multiple-Family Zone
"RLL"
Residential Large Lot
"RMH" Residential Mobile Home Zone
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Commercial Zones
There are four Commercial Zones which provide for a variety of commercial
land uses to serve neighbourhood, local and regional needs. The Commercial
Zones in this By-law include:
"C1" Neighbourhood Commercial Zone
"C2" Central Commercial Zone
"C3" Avenue Commercial Zone
"C4" Regional Commercial Zone
Industrial Zones
There are two Industrial zones which provide for low impact industrial uses
compatible with non-industrial land uses and heavy industrial uses that require
separation from incompatible land uses. The Industrial zones in this By-law
include:
"M1" Light Industrial Zone
"M2" Heavy Industrial Zone
Open Space Zones
There are two Open Space Zones which provide opportunities for public
oriented land uses and the staged development of rural to urban uses. The
Open Space zones in this By-law include:
"OR" Open Space/Recreational Zone
"AL" Limited Agriculture Zone
1.11 ZONING MAP
The location and the boundaries of the zones are shown on the Zoning Map.
All notations, references and other information shown thereon, together with
any amendments made by amending By-laws, and any amendments to
boundaries in the case of any street, lane or public utility right-of-way closing,
shall be as much as part of this By-law as if the information set forth by the
Zoning Map were fully described.
(1)
Dimensions and Scale
The scale and all dimensions are in metric.
(2)
Registered Plans
All plan references pertain to registered plans filed in the Portage la
Prairie Land Titles Office.
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(3)
Abbreviations
Abbreviations mean the following:
a) "Blk." Means Block
b) "Pcl." Means Parcel
c) "Pt." means Part
d) "Sec." means Section
e) "Tp." and "Twp." Mean Township
f) "R" and "Rge." Mean Range
g) "W" and "W.P.M." means West of the Principal Meridian
h) "P.R." means Provincial Road
i) "P.T.H." means Provincial Trunk Highway
1.12 ZONING BOUNDARIES
(1)
Boundaries indicated are approximate following:
a)
the centre lines of railways or railway or public utility rights-of-way;
b)
the centre lines of streets, highways or lanes;
c)
lot or ownership lines;
d)
municipal limits;
e)
the shorelines or centre-lines or creeks shall be constructed as
following those lines or limits.
(2)
Boundaries indicated as approximately following site limits as shown on a
registered plan or by reference to the Dominion Government Survey shall
be construed to follow such site limits.
(3)
If a street or lane or railway or public utility right-of-way shown on the
Zoning Map is lawfully closed, the land formerly comprising the feature
shall be included within the Zone of the land which surrounds it. If the said
feature included a Zone boundary on its centre line, then the new zone
boundary shall be the former centre line except in the case where a
landowner acquires the entire closed feature adjacent to other property
where the designation that applied to the other property shall apply to all
that portion of the acquired feature.
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1.13 DEFINITIONS
ACCESSORY BUILDING, STRUCTURE OR USE: A building, structure or use
which is subordinate to, and incidental to the permitted or approved principal
building or use; and is located on the same site as the principal building, or use,
with the single exception of such accessory off-street parking facilities as are
permitted to locate elsewhere than on the same site with the principal building,
structure or use, as per section 3.7.
ACT, THE: The Planning Act, C.C.S.M. c. P80 and all amendments and
regulations thereto.
AGRI-BUSINESS: The use of land, buildings or structures for the purpose of
buying or selling commodities and services that support agricultural uses as
defined in this By-law. These shall include, but not limited to, such sales and
services as welding and machinery repairs, farm drainage and excavation,
well-drilling, contracting and trades related to farm buildings and structures,
custom spray, tillage, planting and harvesting services.
AGRICULTURE, GENERAL: The use of land for agricultural purposes,
including cultivation, apiculture, floriculture, horticulture and the necessary
accessory uses for packing, storing or treating the produce, but does not
include livestock operations.
AGRICULTURE, INDOOR: Indoor, commercial-scale horticultural or aqua-
cultural operations using soil-free methods (hydroponic or aeroponic) for
growing high value/high yield plants for consumption and non-food products,
such as cannabis. This type of use is typically housed in a fully enclosed
warehouse with stacked, vertically-oriented growing containers and controlled,
year-round growing systems.
AGRICULTURAL INDUSTRIES: Industries that support agricultural activities
including: seed cleaning plants, grain elevators, fertilizer plants, feed mills,
abattoirs, auction marts and bulk storage of fertilizer, but not anhydrous ammonia
or bulk propane.
AGRICULTURAL PROCESSING: Facilities which store and process
agricultural products, such as grains, vegetables, raw food, animal products
and non-food crops, such as cannabis, for wholesale or direct sale purposes.
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AGRICULTURE, SPECIALIZED: The use of land for high value, lower
volume, intensively managed agricultural products, such as greenhouses,
apiaries, market gardening and similar agricultural activities, but which do not
require large parcel sizes. Specialized agriculture may contain limited retail
sales of goods produced on site and educational components, but agricultural
production is to be the primary activity.
AIRPORT AND ASSOCIATED FACILITIES: Any area of land or water which is
used or intended for use for the landing or take-off of aircraft and any appurtenant
areas which are used or intended for use for airport buildings or other airport
facilities or rights-of-way, including taxi-ways aircraft storage and tie-down areas,
hangars, helipads and other related buildings and open spaces.
ALTER OR ALTERATION: A non-structural change or modification to an
existing building, structure or use which does not increase the exterior
dimensions of height and area.
ALTERATIONS, INCIDENTAL: Changes or replacements in the non-
structural parts of a building or structure, including but not limited to the
following:
a)
alteration of interior partitions in all types of buildings; or
b)
replacement of, or changes in, the capacity of utility pipes, ducts or
conduits.
ALTERATION, STRUCTURAL: The construction or reconstruction of supporting
elements of a building or other structure such as bearing walls, columns, joists,
beams or girders. For the purpose of this By-law structural alteration shall not
include the following alterations:
a)
the alteration of interior non-load bearing components;
b)
the replacement of, or change in, utility pipes, ducts or conduits;
c)
changing windows or doors; when the opening is not enlarged;
d)
replacement of building facades;
e)
Other non-structural maintenance, repair or renovation.
AMUSEMENT ENTERPRISE, INDOOR: An indoor facility, which is a fully
enclosed building, whose main purpose is to provide the general public with
entertainment or recreation, with or without charge. Typical uses may
include, but are not exclusive to, fitness centres, bowling alleys, billiard or
pool halls, pinball parlors or similar uses.
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AMUSEMENT ENTERPRISE, OUTDOOR An outdoor facility whose main
purpose is to provide the general public with entertainment or recreation, with
or without charge. Typical uses include amusement parks/fair grounds,
batting cages, drive-in theatres, golf driving ranges, mini golf courses, go-cart
tracks, target sport ranges, skating rinks, skateboard parks, swimming pools,
water parks, zoological parks, and similar uses.
ANIMAL DAY CARE: An establishment for the care of household pets, but
where no animals are kept overnight.
ANIMAL GROOMING: An establishment for the washing and grooming of
household pets. This use does not include overnight care.
ANIMAL HOSPITAL OR VETERINARY CLINIC: A facility for keeping animals
(excluding livestock) to be treated, undergoing treatment or recovering from
treatment in accordance with normal veterinary practice. This definition shall
not apply to educational institutions of veterinary science.
ANIMAL, HOUSEHOLD PET: Animals that are customarily kept for
companionship within the home. Household pets shall include domestic dogs,
cats, tropical birds, fish and rodents. Excludes: livestock, monkeys, snakes,
exotic animals and other similar animals and fowl.
ANIMAL, KENNEL: Any establishment in which more than three (3) animals are
boarded, bred, trained, or cared for, in return for remuneration, or are kept for the
purpose of sale. A animal kennel shall not include an animal hospital/veterinary
clinic or animal shelter.
ANIMAL SHELTER: A lot and/or building or part thereof used for the temporary
lodging and care of lost, abandoned or neglected household pets. This use
does not include a kennel.
AREA, THE: All that land within the boundaries defined in Section 1.1 (3) of
PART 1 of this By-law.
ASSISTED LIVING: A facility where a combination of lodging, meals,
housekeeping and living support is available for compensation. Typical uses
include seniors' homes, retirement homes and medical receiving homes, but
excludes personal care homes and facilities providing medical diagnostic
services or treatment by licensed physicians.
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AUCTION ROOM: 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: A place where vehicles or heavy equipment (operable or
inoperable) are offered for sale to the highest bidder.
AWNING, CANOPY OR MARQUEE: 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.
BASEMENT OR CELLAR: A portion of a building between a floor and ceiling,
that is located partly underground but with more than half (1/2) of the floor to
ceiling height thereof above the average grade of the adjoining ground.
BED AND BREAKFAST: An accessory use carried on within an owner-
occupied single-family dwelling where temporary accommodation is provided
for remuneration. The price of one meal per day is included in the stated price.
Rented rooms shall not contain cooking facilities.
BOAT DOCK, PUBLIC: A structure built over or floating on water used as a
landing place for boats and for other recreational uses by the general public.
BREWERY, DISTILLERY OR WINERY: A facility that possesses the
appropriate license(s) issued by the Province of Manitoba to allow it to produce
onsite, sell, and distribute beer, wine or other liquor or distilled spirits. All
processes, functions and mechanical equipment directly associated with the
production of beer, wine or other liquor must be contained inside a building. A
tasting room established in accordance with all Province of Manitoba
regulations and licensing requirements for the consumption of beer, wine or
other liquor may form part of the brewery, distillery or winery. Other associated
commercial sales and service uses may be established in conjunction with the
brewery, distillery or winery, such as restaurant, drinking establishment or
small-scale retail sales for the sale of merchandise associated with the
brewery, distillery or winery.
BUILDING: Any structure used or intended for supporting or sheltering any use
or occupancy.
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BUILDING, HEIGHT OF: The total number of storeys in a building or the vertical
distance measured from grade to the highest point of the roof surface if a flat roof,
to the deck of a mansard roof, and to the mean height level between eaves and
ridge for gable, hip or gambrel roof.
BUILDING INSPECTOR: The Building Inspector as appointed by the Portage
la Prairie Planning District.
BUILDING, LANDSCAPE OR GARDEN SUPPLIES: An establishment,
including a building, part of a building or open space, for the display and/or
sale of lumber and other building materials and supplies, plants, trees, and/or
other materials used in indoor or outside planting, for retail sales and
incidental wholesale trade.
BUILDING, MAIN OR PRINCIPAL: A building in which is conducted the
principal use of the site on which it is situated.
BULK STORAGE: The storage of chemicals, petroleum products and other
materials in above-ground containers for subsequent resale to distributors or
retail dealers or outlets.
BULK TABLE: A composite term used to indicate the size and setbacks of
buildings or structures and the location of same with respect to one another,
and includes the following:
a)
Size and height of buildings;
b)
Location of exterior walls at all levels in relating to lot lines, streets, or to
other buildings;
c)
Floor area ratio of buildings;
d)
All open spaces allocated to buildings; and
e)
Amount of lot area provided per dwelling unit.
BUS DEPOT: An area utilized by commercial carriers for pick-up or drop-off
of passengers, including loading and unloading areas, shelters, restrooms,
concessions, benches, information offices, parking, ticket sales, landscaping,
lighting and other such facilities.
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CALL CENTRE: A building or a portion of a building in which workers provide
support services to offsite customers primarily via telephone interactions.
Services to customers are not typically available on a walk-in or over-the-
counter basis. Call centres are distinct from office uses on the bases of
multiple-shift operations (typically 24-hour, seven days a week) and floor
space configurations that typically involve dense staff concentrations in
comparatively smaller work areas.
CAMPING GROUNDS: A parcel of land planned and improved to accommodate
recreational vehicles, tents, tent trailers or other camping accommodations used
as temporary dwellings for travel, recreational and vacation uses.
CARPORT: An attached building open on 2 sides for the shelter of privately
owned automobiles, minimum size of 3.7m x 6m.
CAR WASH: A building or portion thereof wherein facilities are provided for the
washing, cleaning and polishing of motor vehicles, whether operated by the
public or by onsite employees, whether or not in conjunction with other goods
or services provided to customers.
CELLAR: See Basement.
CEMETERY/MAUSOLEUM: Land used or dedicated to the internment of human
remains and may include columbaria, mausoleums, mortuaries, and associated
maintenance facilities, when operated in conjunction with and within the
boundaries of such cemetery.
CHEQUE-CASHING FACILITY: ("payday loan" establishment) 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.
CHILDCARE, CENTRE: A building or portion of a building used for the
provision of care, for remuneration or rewards, to a child apart from his or her
parents or guardians for a period in any one day. The operation meets all
applicable provincial legislation and regulations.
CHILDCARE, HOME-BASED: The accessory use of a portion of a dwelling
unit for the provision of care provided by a resident of the dwelling, for
remuneration or rewards, to a child apart from his or her parents or guardians
for a period in any one day. The operation meets all applicable provincial
legislation and regulations.
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CLUB, PRIVATE (NOT LICENSED): A non-profit organization incorporated as
such by the Government of Canada or the Government of Manitoba and
includes facilities used for the meeting, social, or recreational activities of non-
profit philanthropic, social service, athletic, business, or fraternal organizations,
without onsite residences. When licensed for the sale of alcoholic beverages
by the Government of Manitoba, such a club is considered a drinking
establishment.
COLLEGE OR UNIVERSITY: A permanent facility for the purpose of
undergraduate and graduate instruction, whether privately or publicly funded,
and includes on-site dormitories for enrolled students as an accessory use. This
use also includes junior college, vocational and technical institutions and
polytechnics.
COMMERCIAL SCHOOL: An establishment, other than elementary or junior
high schools, senior high schools, or colleges and universities, used for the
purpose of teaching, training or imparting of knowledge or a skill. Typical uses
include schools for beauty, dance, language, computer, art, music, acting,
speech, drama, child development and tuition centres. This does not include
vocational, technical or polytechnical institutions.
COMMUNITY GARDEN: An area managed by a non-profit organization, a
community-based entity or a public entity where members of the community
may grow plants for beautification, education, recreation, community
distribution or personal use. This use may include common areas and
accessory structures maintained and used by group members.
COMMUNITY/RECREATION CENTER: Any tract of land, buildings or structures
used for public recreational, social, or multi-purpose uses where patrons are
primarily participants and any spectators are incidental and attend on a non-
recurring basis, and which are owned, operated or occupied by a non-profit or
governmental agency. Examples include public recreation and leisure centres,
hockey and skating rinks, curling, swimming pools, community halls, and
community centres.
CONDITIONAL USE: A use that has a special characteristic as part of its
operation and may be permitted, subject to approval by Council. Conditional
uses may include, but are not exclusive to, potential dangers, smoke, noise and
parking.
CONFERENCE CENTRE: A building, or part of a building, in which the main
use is to accommodate lectures, meetings or events for the exclusive use of
individual or group participants that have rented the premises, and in which
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meals for participants may be included.
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CONSERVATION AREA: A careful preservation and protection of something;
especially, planned management of a natural resource to prevent exploitation,
destruction, or neglect.
CONTRACTORS' ESTABLISHMENT: A building or part of a building or land
area for the construction or storage of materials, equipment, tools, products,
and vehicles.
CORNER RESTRICTED AREA: An area on a corner site formed by the
intersecting street lines and a straight line joining points with said street lines
3m from the point of intersection of the street lines.
COUNCIL: The Council of the City of Portage la Prairie.
CREMATORIUM: A facility containing a properly installed, certified furnace or
other apparatus intended for use in the incineration of human or animal
corpses.
CULTURAL CENTRE: 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.
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DATA CENTRE: An establishment primarily involved in the compiling,
storage, and maintenance of documents, records, and other types of
information in digital form utilizing a mainframe computer. This use does not
include general business offices, computer-related sales establishments, and
professional or personal services.
DECK: A structure abutting a dwelling with no roof or walls except for visual
partitions and railings which is constructed on piers or a foundation 8 inches
or more above grade for use as an outdoor living area.
DENSITY: The total number of dwelling units divided by the total area of land
to be developed; expressed in gross acres.
DESIGNATED AREA: An area designated for use as per the Portage la
Prairie Planning District Development Plan.
DEVELOPMENT OFFICER: The officer appointed by the Portage la Prairie
Planning District in accordance with the provisions of The Act.
DEVELOPMENT PERMIT: A permit issued under the Zoning By-law authorizing
development.
DEVELOPMENT PLAN: The Portage la Prairie Development Plan as
adopted by By-law and all amendments thereto.
DEVELOPMENT STANDARD: Any rule that this By-law places on any type of
development or any type of use so as to create a desired effect which may be,
but is not limited to accessibility, aesthetics, or public safety.
DORMITORY: A building designed for or used as accessory 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: An establishment or portion of an
establishment, licensed by the Government of Manitoba, where the principal
purpose of the establishment or portion is the sale of alcoholic beverages to
the public, for consumption on the premises. Other associated uses that may
be established in conjunction with a drinking establishment include live
entertainment, food sales incidental to the sale of alcohol.
DRIVE-THROUGH ESTABLISHMENT: Any use designed or operated to allow
patrons, while outside on the premises in motor vehicles, to order, request,
exchange, donate, or receive goods, wares, merchandise, products, foods,
beverages, or services.
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DRIVEWAY: A private road giving access from a public way to a parcel of land.
DROP-IN BABYSITTING SERVICE: The provision of child supervision
operated in conjunction with, and accessory to, a principal commercial or
institutional use (such as retail sales, entertainment, educational or similar)
where children are cared for while parents or guardians are occupied in some
form of short-term activity on the premises or in the immediate vicinity. No
overnight care is provided.
DWELLING: A building or portion thereof, designed and intended to be used for
residential occupancy. A dwelling does not include establishments for commercial
accommodation.
DWELLING, MOBILE HOME: A portable dwelling unit that is designed or
used for residential occupancy by one (1) family, 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.
DWELLING, MULTIPLE FAMILY: A building containing three (3) or more
dwelling units arranged in a vertical or horizontal manner, either served by
separate entrances or common corridors and entrances. This includes
apartment buildings, row housing, triplexes and similar.
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DWELLING, SINGLE FAMILY: A detached building designed for and containing
only one (1) dwelling unit. A single-family dwelling may include a modular or an
off-site built/ready-to-move (RTM) home on a permanent foundation but does
not include a mobile home.
Single Family Lot: Yard Illustration
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DWELLING, TWO FAMILY: A detached or semi-detached building containing
two (2) dwelling units, arranged in a vertical (duplex) or horizontal manner
(side-by-side/semi-detached). This use does not include a secondary suite.
DWELLING UNIT: A room or group of rooms in a building used or intended to
be used by one (1) family for living purposes, with eating, sleeping, sanitary
and cooking facilities (but not more than once kitchen).
EMERGENCY RESIDENTIAL SHELTER: A facility where emergency
temporary accommodation is provided to persons who are homeless, due to
indigence, family violence or disaster, operated by a public or non- profit
agency, and where on-site supervision is provided whenever such shelter is
occupied.
ENTERTAINMENT FACILITY: An establishment devoted to showing motion
pictures or dramatic, dance, musical, or other live performances. Typical uses
include auditoriums, concert halls, theatres and cinemas.
ENLARGEMENT: 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
Two Family Lot: Yard Illustration
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existing use.
ERECT: When used in this By-law, includes building, construction,
reconstruction and relocation, and without limiting the generality of the word,
also includes:
(a) any preliminary physical operation, such as excavating, filling or draining;
(b) altering any existing building or structure by an addition, enlargement,
extension or other structural change; and
(c) any work which requires a building permit under the Building By-law of the
City of Portage La Prairie.
"Erected" and "Erection" shall have corresponding meanings.
FAMILY: One (1) or more persons related by blood, marriage, common-law
relationship, or legal adoption/foster care, or a group of not more than four (4)
persons, who may not be related by blood or marriage, occupying a dwelling
unit and living as a single housekeeping unit (all having access to and use of all
common living and eating areas withing the dwelling unit).
FARM BUILDINGS OR STRUCTURES: Any buildings or structures existing or
erected on land used principally for agricultural activities but not including
dwellings or mobile homes.
FARMERS MARKET: An occasional or periodic market held in an open 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.
FLEET SERVICES: A central facility for the distribution, storage, loading and
repair of fleet vehicles, with or without associated dispatch services and
offices. Typical uses may include, but are not exclusive to, courier, delivery,
and express services, cleaning services, key and lock services, security
services, and taxi services.
FLOOR AREA: The total area of all of the floors of all buildings and structures on
a site, measured from the exterior faces of the exterior walls or from the centerline
of party walls. The floor area shall include basements when used for residential,
commercial or industrial purposes; floor space used for mechanical equipment;
interior elevator shafts and stairwells; and penthouses and mezzanines. Roof
space used for the storage or housing of mechanical or central heating
equipment, as well as accessory off-street parking and loading spaces are not
included as floor area.
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FREIGHT OR TRUCK YARD: 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.
FUEL SALES: An establishment operated at a fixed location at which vehicle
fuel, lubricants and automotive accessory items are offered for sale but where
no provision is made for the repair, maintenance and storage of vehicles. The
selling of convenience store items is also permitted.
FUNERAL CHAPEL OR MORTUARY: A facility for the storage of deceased
human bodies, 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: Includes:
a)
a commercial establishment engaged in the sale, loan, or display of
paintings, sculpture, textiles, antiquities, or other works of art; or,
b)
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, PRIVATE: An accessory building or portion of a principal building
used by the occupants of the premises upon which it is located for the parking or
temporary storage of private passenger motor vehicles.
GOLF COURSE: A tract of land laid out with a course having 9 or more holes
for playing the game of golf. This term does not include mini golf courses nor
does it include driving ranges that are not accessory to a golf course.
GOVERNMENT SERVICES: Government establishments primarily engaged in
providing general support services and information resources, including
personnel services, election boards, income tax, health care and other general
governmental support establishments.
GRADE: When applying to the determination of building or structure height, the
average level of finished ground adjoining a building or structure at all exterior
walls, as determined by the Development Officer.
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GROUP RESIDENCE: A residence that is licensed to accommodate four (4) or
more persons and up to fifteen (15) persons, exclusive of staff or receiving
family, living under supervision in a single housekeeping unit and who by
reason of their emotional, mental, social or physical condition, or legal status,
require group living arrangement for their well-being.
HAZARD LAND: When used in this By-law, land where actual effects of
hazards have occurred, and without limiting the generality of the word, hazard
includes but is not limited to the following:
a)
lands that would be flooded by a 200-year flood or the flood of record,
whichever is greater, specified by the applicable provincial authority;
b)
erosion or cutting of land due to action of water in an adjacent
watercourse or water body, within a 50-year period;
c)
river bank instability or slumping;
d)
landslides including mud slides;
e)
subsidence; and
f)
local ponding due to improper surface drainage.
HAZARDOUS MATERIALS STORAGE: A storage facility for materials that
could pose a hazard to human health or safety. Typical materials may include
but are not exclusive to, anhydrous ammonia, asphalt, explosives, flammable
or toxic goods.
HEALTH INSTITUTE/HOSPITAL: 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). Inpatient/Outpatient medical care may
also be provided.
HEAVY EQUIPMENT SALES, SERVICE AND RENTAL: 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 15,000 pounds, semi-trucks and/or trailers,
harvesters, loaders and tracked vehicles as well as sales of parts, whether
new or used, for heavy equipment.
HOME OCCUPATION: An occupation or activity carried on as an accessory
use incidental to the residential use of the dwelling unit.
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HOTEL OR MOTEL: A building or part thereof wherein temporary
accommodation is provided in any individual guest room or suite, with or without
cooking facilities, and may include as related uses, but are not limited to,
restaurants, drinking establishments conference centres and meeting rooms.
JAIL OR DETENTION CENTRE: A facility operated for the confinement of
persons in lawful detention.
LARGE FORMAT COMMERCIAL: A commercial use characterized
generally by multiple retail uses which are concentrated and compatible with
one another, the presence of one or more anchor type stores and may
include an indoor pedestrian area and has a common off-street parking
facilities.
LANDSCAPE/GARDEN CONTRACTOR OR PRODUCTION: 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: A public roadway where the right-of-way is not over 10.1 metres in width.
(see 'street' definition)
LIBRARY: A public facility for the use, but not sale, of printed information,
electronic information, and pictorial material.
LIGHT PROOF FENCE: A fence that restricts the transmission of light and/or
sight through its material construction; as a means of screening the contents
and/or activities within a site.
LIVESTOCK: Includes:
a)
Cattle, horses, sheep, swine, poultry and bees; or
b)
Animals of a kind raised for meat production or products from the
animals, including breeding stock of those animals.
LIVESTOCK OPERATION: A permanent or semi-permanent facility or non-
grazing area where livestock are kept or raised either indoors or outdoors, and
includes all associated manure collection facilities, but does not include a
livestock auction mart.
LOADING SPACE: An off-street space or berth on the same site with a building,
or contiguous to a group of buildings for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials, and which has
access to a street, lane, or other appropriate means of access.
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MANUFACTURING, HEAVY: A use of land that includes the assembly,
fabrication, and/or processing of goods and materials using processes that
ordinarily have greater than average impacts on the environment, or that
ordinarily have significant impacts on the use and enjoyment of other
properties in terms of noise, smoke, fumes, odours, glare, or health or safety
hazards, or that otherwise do not constitute "light manufacturing," or any use
where the area occupied by outside storage of goods and materials used in
the assembly, fabrication, or processing exceeds 25 percent of the floor area
of buildings on the lot. Typical uses include, but are not limited to battery,
chemicals, machinery and plastics manufacture, mushroom plant, batching
plant, packaging plant, slaughterhouse, and rendering plant.
MANUFACTURING, LIGHT: A use of land that includes the assembly,
fabrication, and/or processing of goods and materials using processes that
ordinarily do not create noise, smoke, fumes, odours, glare, or health or
safety hazards outside of the building or lot where such assembly, fabrication,
or processing takes place; where such processes are housed entirely within a
building, and may include an area occupied by outside operations or storage
of goods and materials used in the assembly, fabrication, or processing.
Typical uses include, but are not limited to, electronic equipment assembly
and manufacturing, and assembly from finished products.
MINI-STORAGE/SELF-STORAGE: An enclosed permanent facility that
provides storage space to the general public on a for-hire basis. Mini-
warehouses and self-storage areas may also include vehicle storage for
recreational vehicles, boats, and other vehicles. No other business or service
may be allowed to operate out of a rented storage space. This definition also
applies to a use that provides portable containers for storage.
MOBILE HOME PARK: Any premises which provides serviced spaces for
residential use and designed for the accommodation of two (2) or more mobile
homes for lease or rent.
MOBILE HOME SITE: A zoning site in a mobile home subdivision for the
placement of a mobile home.
MOBILE HOME SUBDIVISION: A parcel of land subdivided to provide individual
sites, under separate title, in accordance with the subdivision approval procedure
under The Act.
MOBILE TRAINING LABS, FOR SCHOOLS: A mobile classroom which is
established at a location on a temporary basis and is not to be setup as a
permanent building or structure.
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MODULAR HOME: A single-family dwelling suitable for year-round occupancy
that consists of one (1) or more modules either partially or wholly factory-
fabricated and containing a framework that does not contain wheels or towing
tongue. When transported to a building site, it will be placed on a permanent
foundation so as to be substantially affixed to the site and connected to the
required utilities, thereby making it immobile housing.
NEIGHBOURHOOD REHABILITATION HOME: A building or portion of a
building used for the boarding or other residential accommodation, plus
mandatory supervision or treatment, of up to six (6) persons who are from or
discharged from any penal institution or who are receiving supervision or
treatment for alcohol or other drug addictions, in which supervision or treatment
is not provided to any persons not resident in the rehabilitation home and which
does not affect the residential character of the neighbourhood.
NON-CONFORMING BUILDING OR STRUCTURE: Any lawful building or
structure which does not comply with one (1) or more of the applicable site
requirements on the effective date of this By-law or amendments thereto.
NON-CONFORMING SIGN: Any lawful sign which does not comply with one
(1) or more of the applicable site requirements on the effective date of this
By-law or amendments thereto.
NON-CONFORMING SITE OR PARCEL OF LAND: Any lawful site or parcel
of land which does not comply with the site area, site width or site depth on the
effective date of this By-law, or amendments thereto, and was on record in the
Land Titles Office and in separate ownership prior to the effective date of this
By-law, or amendments thereto, and did not form part of a larger contiguous
holding in the same ownership.
NON-CONFORMING USE: Any lawful use of a building, structure or a parcel
of land, or portion thereof, which does not conform to one (1) or more of the
applicable use requirements of the zone in which it is located, either on the
effective date of this By-law or amendments thereto.
NON-CONFORMITY: A parcel of land or site, a building or structure, or a 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.
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OPEN SPACE: That required portion of a site at ground level, unless otherwise
stated, unoccupied by principal or accessory buildings and available to all
occupants. The open space shall be unobstructed to the sky and shall not be
used for service driveways or accessory off-street parking space or loading
space, but shall be usable for landscaping, recreational space and other leisure
activities normally carried on outdoors. To the extent prescribed in these
regulations, balconies, roof and other like above grade level areas may also be
considered as open space.
ORDINARY HIGH-WATER LEVEL: The boundary of water basins,
watercourses, public waters, and public waters wetlands and:
a)
the ordinary high-water level is an elevation delineating the highest water
level that has been maintained for a sufficient period of time to leave
evidence upon the landscape, commonly the point where the natural
vegetation changes from predominantly aquatic to predominantly
terrestrial;
b)
for watercourses, the ordinary high-water level is the elevation of the top
of the bank of the channel; and
c)
for reservoirs and flowages, the ordinary high-water level is the operating
elevation of the normal summer pool.
OUTSIDE STORAGE: The exterior storage of goods and/or non-hazardous
materials, but not displayed for sale. Storage of materials in a structure with a
roof, but no walls is considered outside storage.
OWNER: A person who appears by the records of the proper land titles office
to have any right, title, estate or interest in land and includes the agent of such
person in possession or occupation of the land with the express or implied
consent of the owner; as defined in The Act.
PARCEL OF LAND: The aggregate of all land described in any manner in a
certificate of title; as defined in The Act.
PARK / PLAYGROUND: The 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 grounds,
pedestrian/bicycle paths and pathways, landscaped buffers, arboretums,
botanical gardens, playgrounds, toboggan slides, skateboard parks,
swimming pools, wading pools, and water features.
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PARKING SPACE: A portion of a parking structure or surface lot or site,
excluding vehicle manoeuvring areas such as aisles and driveways, for the
temporary parking or storage of one (1) motor vehicle.
PARKING, STRUCTURE: 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: An unenclosed area where motor vehicles may
be stored for purposes of temporary, daily, or overnight off-street parking as a
principal use.
PARTITION: An interior non-load bearing wall one storey or part storey in
height.
PARTY WALL: A wall jointly owned and jointly used by two (2) parties under
easement agreement or by right in law, and erected at or upon a line
separating two (2) parcels of land each of which is, or is capable of being, a
separate parcel of land.
PATIO: A surfaced, open space of land, less than 205 millimetres inches
above grade, adjacent to a residential dwelling unit which is used as an
extension to the interior of the home for private or semi-private entertainment
or leisure activities.
PAWNSHOP: A place where money is loaned on security of personal
property left in pawn and pledged as collateral for the loan.
PERSONAL CARE HOME: A facility, licenced by the Province, where lodging
and meals and continuing nursing care or treatment is provided to residents in
a secure environment, 24 hours a day.
PERSONAL SERVICES: An establishment that provides personal services to
the general public and in which any retail sale of merchandise associated with
the service provided is incidental to the provision of services. Typical uses
may include but are not exclusive to spas and salons, cleaning and garment
services, photography services.
PLACE OF WORSHIP: A facility used primarily for non-profit purposes to
provide assembly and meeting areas for religious activities. Typical uses
include churches, temples, synagogues, mosques, chapels, and meeting
houses.
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PLANNED UNIT DEVELOPMENT: A land development project planned as
an entity in accordance with a unitary site plan, which permits flexibility in
siting of buildings, mix of uses and housing types, usable open spaces and
the preservation of significant natural features.
PLAZA / SQUARE: An open space, usually surrounded by buildings or
streets, that may be improved, landscaped, or paved for passive recreation
use. This use may include amenities such as seating, drinking and
ornamental fountains, art, trees, and landscaping, for use by pedestrians.
POSTAL/CARRIER DEPOT A development where packages, letters and small
freight is collected, sorted and readied for distribution by delivery or pickup.
PREMISES: An area of land, including a site, with or without buildings or
structures.
PRIVATE COMMUNICATIONS FACILITIES: Outdoor equipment and
structures, including freestanding and building-mounted, 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 SWIMMING POOL OR HOT TUB: An accessory structure with a
water depth of greater than 0.6m, located on a single-family dwelling site and
used solely by the occupants of the dwelling, or their guests.
PROFESSIONAL SERVICES: A building or part of a building in which persons
are employed for the provision of professional services. Typical uses may include
but are not exclusive to medical services (including clinics and laboratories),
dental, optical, legal, real estate agents, financial services, insurance brokers and
consultants. This use does not include a cheque-cashing facility.
PROTECTION AND EMERGENCY SERVICES: A development that is required
for the public protection of persons and property from injury, harm, or damage
together with the incidental storage of equipment and vehicles. Typical uses
include police stations, fire stations, ambulance services, and ancillary training
facilities.
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PUBLIC UTILITY: Any system, works, plant, equipment or service which
furnishes services and facilities available at approved rates to or for the use of
the general public, including:
a)
Communication, by way of telephone, telegraph, wireless or television;
b)
Public transportation, by bus or other vehicles;
c)
Production, transmission, delivery, or furnishings of water, gas and
electricity to the public at large; and
d)
Collection and disposal of sewage, garbage and other waste.
Public utilities include any public works compounds and buildings associated
with the utility.
RADIO / TV / MOTION PICTURE STUDIO: A facility for the production and/or
broadcasting of motion pictures, videos, television programs, radio programs,
or sound recordings. The use may also include facilities for the rehearsal of
dance, music, or other performing arts.
RAILWAY YARD: An area for storing or switching of freight and passenger
trains. Necessary and allowed functions include but are not limited to the
switching, storing, assembling, distributing, consolidating, repairing, weighing,
or transferring of cars, trains, engines, and rolling stock.
RECREATIONAL VEHICLE: A vehicular type portable structure without
permanent foundation, which can be towed, hauled or driven and primarily
designed as temporary living accommodation for recreational, camping and travel
use and including but not limited to travel trailers, truck campers, camping trailers
and self-propelled motor homes.
RECYCLING COLLECTION AREA: A facility that serves as a neighbourhood
drop-off point for temporary storage of recyclable materials. No permanent
storage or processing of such items is allowed.
RECYCLING COLLECTION DEPOT: A facility in which recoverable
resources, such as newspapers, glassware and metal cans, are collected,
stored, flattened, crushed or bundled to be taken to another site for processing
this does not include any type of automobile recycling.
RECYCLING PLANT: 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. This facility is not a wrecking yard or a junkyard.
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REPAIR: The renewal or reconstruction of any part of an existing structure for
the purpose of its maintenance or restoration.
RESEARCH INSTITUTION: An establishment or facility engaged in scientific
research, product design, development and testing, and limited manufacturing
necessary for the production of prototypes.
RESTAURANT: An establishment primarily engaged in the preparation of food
intended to be sold to the public for consumption within the building or structure
or to be taken 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. Delis, caterers, bakeries and cafeterias are also
included under this use.
RETAIL SALES: A building or part of a building used for the sale, lease, or rent
of new or used products directly to the general public, or to individuals or
households based on their membership in an association or club, but not
including an auction room; or building, landscape and garden supplies use.
This use also includes facilities whose names indicate that they are warehouse
or wholesale operations, but that in fact conduct more than incidental retail
sales.
ROOMING HOUSE: A building, or portion thereof, where tenants have a rental
arrangement with the landlord (who may or may not be an occupant of the
house) to rent an individual bedroom unit (lockable from the outside) and where
other areas (kitchens, sanitary facilities, living areas) are shared with other
occupants. Care, treatment or supervision must not be provided to any
resident. This use does not include boarding arrangements in a private
dwelling unit where up to two boarders may be accommodated in a family living
arrangement as an accessory use.
SCHOOL, ELEMENTARY OR JUNIOR HIGH: An accredited school under
the sponsorship of a public, private, or religious agency providing instruction
to students between the kindergarten and senior high school levels and may
include a childcare centre.
SCHOOL, SENIOR HIGH: An accredited school under the sponsorship of a
public, private or religious agency providing instruction to students at the
senior high school level and may include a childcare centre.
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SECONDARY SUITE: An accessory dwelling unit that is self-contained,
subsidiary to, and located on the same site as a single-family dwelling that is
owner occupied. A secondary suite contains a single housekeeping unit and
has its own separate access, cooking, sleeping and sanitary facilities which are
separate from and not shared with those of the principal dwelling. The types of
secondary suites which shall be considered are the following:
a)
Attached suite, meaning a dwelling unit located in the same building as a
single-family dwelling;
b)
Garage suite, meaning a detached dwelling unit located either above or
attached to the side of a detached garage;
but does not include two family dwellings, multiple family dwellings, group
homes or mobile homes.
SETBACK: The distance that a development or a specified portion of it must
be set back from a lot line.
SEXUALLY ORIENTED BUSINESS: A nude studio, love parlour, adult
bookstore, adult movie theatre, adult video store, or other commercial
enterprise the primary business of which is the selling, renting, or exhibiting of
devices or any other items intended to provide sexual stimulation or sexual
gratification to the customer.
SHIPPING CONTAINER: A pre-fabricated metal container or structure having
a floor, ceiling or roof, walls, and door(s) that is specifically designed for storage
of goods and materials while under transport by ship, rail or truck. For the
purpose of this definition, a shipping container does not have wheels and does
not include a motor vehicle or transport trailer.
SIGN: Any writing or picture that is a structure or any part thereof, or is
attached to, painted on or in any other manner represented on or in a building
or structure but shall not include show windows.
SIGN, ADVERTISING/BILLBOARD: A sign which directs attention to a
business, commodity, service, message, or entertainment conducted, sold, or
offered elsewhere than upon the same zoning site on which that sign is
located.
SIGN, BUSINESS: A sign directing attention to a business, commodity,
service, message or entertainment conducted, sold, or offered on the same
zoning site as where the sign is maintained.
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SIGN, FASCIA OR WALL: Any permanent sign attached against the surface
of, or against or within a recess in the wall, a column or other perpendicular
portion of a building in a position essentially parallel to said wall, column or
other perpendicular portion. A fascia sign shall also mean any sign attached
to the walls of two (2) or more buildings and spanning the space between said
buildings.
SIGN, FLASHING: An illuminated sign on which artificial light is not
maintained constant in intensity and colour at all times when such sign is in
use.
SIGN, FREE STANDING: A permanent sign supported by a vertical column
or columns placed in the ground with the sign surface area above ground
level.
SIGN, IDENTIFICATION: A sign that identifies the owner, resident, business
or the street address and which set forth no other advertisement or business
information.
SIGN, ILLUMINATED: A sign designed to give forth any artificial light or
reflect light from an artificial source.
SIGN, MOBILE: A sign structure mounted on a trailer, vehicle, stand or
similar support structure which is designed in such a manner that the sign can
be readily relocated to another location, and which may include copy that can
be changed through the use of removable characters or panels.
SIGN, READER BOARD: An illuminated sign with interchangeable messages
or advertising displayed on continual basis on an LED (light emitting diode)
screen.
SIGN, SANDWICH BOARD: A sign with two hinged boards designed and
used especially for advertising.
SIGN, TEMPORARY: A sign identifying temporary activities including,
construction project signs and real estate signs advertising and located at a
specific premises.
SIGN SURFACE AREA: The area enclosing the limits of writing and picture
excluding the necessary supports or uprights on which it is placed. Where a
sign has two (2) or more faces, the area of all faces shall be included in
determining the area of the sign unless the faces are less than three (3) feet
apart in which case only the area of the larger face shall be used.
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SITE: A zoning site, unless provided for elsewhere herein, that has frontage on a
street and is of at least sufficient size to fulfill the minimum requirements for area,
dimensions and yards.
SITE AREA: The computed area contained within the site lines.
SITE COVERAGE: That part of a site occupied by buildings, including accessory
buildings, expressed as a percentage of the site area.
SITE DIMENSIONS:
a)
Site Depth: The vertical distance between the centre points in the front and
rear site lines.
b)
Site Width: The horizontal distance between the side site lines, measured
at right angles to the site depth at a point halfway between the front and rear
site lines, or 12.2 metres from the front site line, whichever is the lesser.
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SITE LINES:
a)
Front Site Line: That boundary of a site which is along an existing or
designated street.
b)
Rear Site Line: That boundary of a site which is most nearly parallel to the
front site line.
c)
Side Site Line: Any boundary of a site which is not a front or rear site line.
d)
Irregular Site Line: Where an irregular shaped site cannot have its site
lines defined by the foregoing definitions, the front, rear and side site lines
shall be determined by the Development Officer.
SITE REQUIREMENTS:
a)
The size (including height of building and floor area), of buildings or
structures;
b)
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;
c)
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
d)
All open areas relating to buildings or structures and their relationships
thereto.
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SITE TYPES:
a)
Corner Site: A site situated at the intersection of two (2) streets, the interior
angle of such intersection not exceeding 135 degrees.
b)
Key Site: The first site to the rear of a reverse corner site.
c)
Reverse Corner Site: corner site where its rear property line abuts the side
site line of an adjoining property.
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d)
Through Site: A site having a pair of opposite site lines along two (2) more
or less parallel streets. The front site line shall be determined by the
Development Officer.
SITE, ZONING: A parcel of land with frontage on a street (excluding a lane)
and of at least sufficient size to provide the minimum requirements for use,
area, yards, and other open spaces as are herein required.
SMALL WIND ENERGY GENERATING SYSTEM: A wind energy generating
system which has a rated capacity of up to 300 kW and which primarily
provides power to an on-site user. Small wind energy generating systems can
be freestanding or roof-top mounted.
SOLAR COLLECTOR: A panel or other solar energy device, the primary
purpose of which is to provide for the collection, inversion, storage and
distribution of solar energy for electricity generation, space heating, space
cooling or water heating.
STACKING SPACE: A space in a lane or area that is specifically designated
for vehicles to queue or wait in while utilizing drive-through services or at
vehicular-oriented uses, such as car washes.
STOREY: The 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 cellar. A basement shall be counted as a storey for the purpose of height
measurement if the vertical distance between the ceiling and the average finished
level of the adjoining ground is more than 1.8 metres.
STOREY, FIRST: The storey with its floor closest to grade and having its ceiling
more than 1.8 metres above grade.
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STOREY, SECOND: The storey located immediately above the first storey.
STREET: Any public roadway where the right-of-way is over 10.1 metres.
(see 'Lane' definition.)
STRUCTURE: Anything constructed or erected which requires location on the
ground or is attached to something having a location on the ground.
TOTAL TURBINE HEIGHT: The height from finished grade to the highest
vertical point of the swept rotor arc, in the case of a wind turbine with a
horizontal axis rotor.
TOWER: A tall framework or structure of unusually great height in proportion
to its width and depth used for observation, signalling, communications, etc.
TOWING AND STORAGE FACILITY: A commercial establishment engaged
in towing of vehicles or equipment from one location to another. Such facilities
may also include an indoor storage component for such vehicles or
equipment, but may not include junked, salvage, or permanently inoperable
vehicles or equipment.
VARIANCE OR VARIATION: A modification of the literal provisions of the By-
law granted when strict enforcement of the By-law will cause undue hardship
owing to circumstances unique to the individual site on which the variance is
granted.
VEHICLE REPAIR AND SERVICE: An establishment involved in the repair
and maintenance of automobiles, light trucks, motorcycles, recreational
vehicles and similar vehicles. Services include engine, transmission, or
differential repair or replacement; body work; upholstery work; painting;
engine tune-ups; oil change and lubrication; brake repair shop; tire store;
detailing and polishing, and associated repairs. Vehicle parts ordinarily
installed on the premises may be sold.
VEHICLE SALES AND RENTAL: Premises used for the display, sale, lease
or rental of new or used automobiles, light trucks, motorcycles, recreational
vehicles, camper and travel trailers, boats, boat and utility trailers, and similar
vehicles. Where repairs are made they shall be done within a completely
enclosed building, except minor incidental repairs. Accessory vehicle
inventory may be stored outside on the same zoning site. This use does not
include wrecking or salvage operations. Light trucks include those with a
gross vehicle weight of 10,000 pounds or less (does not include mobile
homes or heavy equipment).
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WAREHOUSE: A permanent facility for the storage of products, supplies, and
equipment within an enclosed building. This use does not include hazardous
materials storage.
WHOLESALING: A facility where goods are distributed or sold to retailers, to
industrial, commercial, or institutional users, or to other wholesalers, for resale
or redistribution, but where goods are not sold to the public or to individuals or
households based on their membership in an association or club.
WIND TURBINE: A structure designed to convert wind energy into
mechanical or electrical energy as a utility and includes the wind turbine
tower, rotor blades and nacelle.
YARD, REQUIRED: An open area, on the same site as a building or structure,
which is unoccupied and unobstructed from its lowest level to the sky, except as
otherwise permitted herein. A required yard extends along a site line to a depth
or width (measured from the site line) specified in the yard requirement for the
zone in which it is located.
YARD, REQUIRED, FRONT: A yard extending along the full length of the front
site line between the side site lines.
YARD, REQUIRED, REAR: A yard extending along the full length of the rear site
line between the side site lines.
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YARD, REQUIRED, SIDE: A yard extending a long the side site line from the
required front yard to the required rear yard.
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PART 2
ADMINISTRATION & ENFORCEMENT
2.1 ADMINISTRATION
In the administration of this By-law, the Council authorizes and directs the
Portage la Prairie Planning District to proceed under this PART.
2.2 RESPONSIBILITIES OF COUNCIL
Subject to the provisions of The Act, the Council is responsible for:
(1)
Enacting this By-law;
(2)
Considering the adoption or rejection of proposed amendments or the
repeal of this By-law;
(3)
Acting as a Variation Board;
(4)
Approving or rejecting conditional use applications and revoking
approved applications as provided for in The Act;
2.3 RESPONSIBILITIES OF THE OWNER
(1)
Neither the granting of a development permit nor the approval of the
drawing and specifications nor the inspections made by the appointed
officer shall in any way relieve the owner of the responsibility of complying
with the requirements of this By-law or of any relevant By-laws of the
Municipality.
(2)
Every owner shall:
a)
Be responsible for obtaining, where applicable from the appropriate
authorities, permits or licenses relating to the buildings, grades,
sewer or water supply systems, plumbing, signs, blasting, street,
occupancy, electrical, highways, and all other permits required in
connection with the proposed work;
b)
Obtain the written approval of the appointed officer before doing any
work that varies from the approved permit; and
c)
Permit the appointed officer to enter any building or premises at any
reasonable time for the purpose of administering or enforcing this
By-law and shall not obstruct or interfere with the appointed officer in
the discharge of duties under this By-law.
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2.4 RESPONSIBILITIES OF THE DEVELOPMENT OFFICER
(1)
Duties
a)
Issue development permits in accordance with the provisions of this
By-law; and
b)
Allow or refuse such minor variations to the requirements of this
By-law as authorized by and in accordance with the provisions of The
Act.
(2)
Responsibilities
a)
Administering and enforcing the provisions of this By-law;
b)
Administering and enforcing the applicable provisions of The Act; and
c)
Taking no action on any application until all applicable fees and
charges have been paid in full.
(3)
Powers
a)
Issue a development permit where the development of land,
buildings or structures conforms to the adopted Development Plan,
and the requirements of this By-law and amendments thereto,
subject to the provisions of subsection 2.4 (4);
b)
Enter any buildings or premises at all reasonable hours in the
performance of his duties with respect to this By-law;
c)
Issue development permits for the temporary use of buildings,
structures or land pursuant to the provisions of this By-law; and
d)
Issue zoning memoranda or such other documents necessary for the
administration and enforcement of this By-law.
(4)
Approval of Permits
The Development Officer shall withhold approving or reject an application
for a development permit:
a)
as provided for in The Act;
b)
which would result in a violation of this By-law or any other By-law of
the Municipality; or
c)
for any person who has failed to pay any fees due under this or any
other By-law.
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2.5 DEVELOPMENT PERMIT INFORMATION
(1)
No person shall erect, locate, relocate, repair, use or occupy any land,
building or structure contrary to any development permit or the material
furnished in support of the application.
(2)
An application for a development permit is required for the following:
a)
The erection, construction, placement, relocation or demolition of any
building, structure or mobile home, with the exception of those
structures described in subsection 2.5 (4);
b)
The enlargement, structural alteration or conversion of any building,
structure or use;
c)
The use or change of use of any premises, buildings or structures;
d)
The construction of accessory detached buildings and structures
greater than 10 square metres in floor area;
e)
The construction of exterior decks; and
f)
The installation of specialized machinery and equipment, such as air
handling systems, small wind energy generating systems, solar
collectors.
(3)
The issuance of a development permit in respect of a building or
structure does not relieve the owner of the obligation to obtain a building
permit or other permit where they are required under the Building By-
law, nor does it relieve the owner from the responsibility of obtaining any
other permit or approval that may be required by any other
administrative body, including business licences, environmental
approvals, highway access approvals and similar approvals.
(4) An application for a development permit is not required for the following:
a)
The maintenance and restoration of building components, including
repainting and similar operations;
b)
Incidental alterations of buildings and structures;
c)
The construction of sidewalks, exterior steps and patios;
d)
The installation of fences, walls, or similar means of enclosure less
than 1m in height in front yards and less than 2m in height in rear
yards (other than on corner sites - see section 3.25);
e)
Identification signs and temporary signs such as posters, legal
notices and real estate or construction signs, as per section 8.15; and
f)
The construction of accessory detached buildings and structures less
than or equal to 10 square metres in floor area.
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(5)
Although a development permit shall not be required for those items
specified in subsection 2.5(4) this does not relieve the owner of the
responsibility of ensuring that such items are installed in accordance with
the provisions of this By-law and any other By-law of the Municipality.
(6)
In addition to the requirements of any By-law of the City of Portage la
Prairie or any other provincial regulations, all applications for development
permits shall:
a)
Be made in writing by the owner or owners of the site in question, or
by an authorized representative;
b)
Be accompanied by a plan drawn to scale, showing the actual
dimensions and shape of the site to be built upon; the exact size and
location on the site of buildings already existing, if any, and the
location and dimensions of the proposed building, enlargement or
structural alteration; and
c)
Include such other information, as may be required by the
development officer, including existing or proposed building or
structural alterations; existing or proposed use of the building and
land; the number of dwelling units the building is designed to
accommodate; conditions existing on the site; current copies of
relevant titles, easements, and caveats; a surveyor's certificate
prepared by a Manitoba Land Surveyor and such other matters as
may be necessary to determine conformance with and provide for
the enforcement of this By-law.
2.6 AMENDMENTS
Subject to the procedure required under The Act, an amendment may be initiated
by a resolution of intention by the Council, or by application of one or more owners
of the property or their agents within the area proposed to be changed. An
application to amend this By-law and all required information and fees shall be
made to the Portage la Prairie Planning District.
2.7 DEVELOPMENT AGREEMENTS
Where an application is made for the amendment of this By-law, the Council may
require the owner or the person entitled to be registered as owner of the parcel of
land, building or structure to which the amendment shall apply, as a condition to
its enactment, to enter into a development agreement with the Municipality. The
provisions of said agreement shall be in accordance with The Act.
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2.8 CONDITIONAL USES
(1)
The development and execution of this By-law is based upon the division
of the City into zones, within which zones the use of land and buildings
and structures in relation to the land are substantially compatible. It is
recognized, however, that there are certain uses deemed conditional uses
which, because of their unique characteristics cannot properly be
classified in any particular zone or zones without consideration, in each
case, of the impact of those uses upon neighbouring land and of the public
need for the particular use at the particular location.
(2)
Any owner may apply for a Conditional Use in accordance with this Section
and with the provisions of The Act.
(3)
Existing Conditional Use
a)
Where a use is classified as a Conditional Use under this By-law or
amendments thereto, and exists as a legal use at the date of the
adoption of an amendment to this By-law it shall be considered as a
legally existing Conditional Use.
b)
Any change in a Conditional Use shall be subject to the provisions of
this Section and the appropriate provisions of The Act.
(4)
An application for a conditional use and all required information and fees
shall be made to the Development Officer.
2.9 VARIATIONS
(1)
Any owner may apply for a variation order, in accordance with the
provisions of The Act.
(2)
An application for a variation order and all required information and fees
shall be made to the Development Officer.
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2.10 PERMITTED AND EXISTING USES
(1)
Existing Uses
All buildings and structures, parcels of land, and uses of land that lawfully
existed before the enactment of this zoning by-law are deemed to conform
to the site and use requirements of the zone in which the buildings and
structures, parcel of land or use of land are situated. Any expansion,
addition, relocation or reconstruction of the said buildings and structures
or change in use shall conform to the site and use requirements of the
zone in which they are located unless varied by a variance order.
(2)
Permitted Uses
Where a use appears in the Use and Bulk Tables as a permitted use, it
shall not be construed to include any use, which appears as a
conditional use for the same zoning designation. Uses similar in nature
to a listed permitted or a conditional use may be deemed as like uses
for the purposes of this By-law by variation order of Council upon the
review of a report by the Portage la Prairie Planning District requesting
a determination for a use not listed in the bulk table of the applicable
zone.
2.11 NON-CONFORMITY
(1)
Non-Conforming Uses, Buildings and Structures
An existing use, building or structure which is not classified as a
permitted or conditional use, building or structure in this By-law shall be
considered as a legal non-conforming use, building or structure, and
shall be subject to the provisions of The Act governing non-conformities.
a)
A legal non-conforming use shall be allowed to continue to exist,
and may be changed to a permitted use;
b)
A legal non-conforming use shall not be intensified, and shall not
be changed to a different non-conforming use;
c)
A non-conforming use shall not be re-established if it is
discontinued for a period in excess of twelve (12) consecutive
months. A change in ownership or tenancy of a non-conforming
use shall not affect the status of the non-conforming use;
d)
A non-conforming building or structure shall not be re-established
if it is removed or destroyed by more than fifty percent (50%) of its
replacement value above the foundation (see 2.11(4)); and
e)
Other provisions of The Act governing legal non-conforming uses,
buildings and structures, including a provision, which enable
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Council to consider variation orders in situations where non-
conformities are proposed to be enlarged or expanded.
(2)
Accessory Uses
A use that is accessory to a principal non-conforming use may continue
as long as the principal use exists.
(3) Alterations
Pursuant to The Act, a structural alteration may be made to a
non-conforming building or structure, provided that the said structural
alteration conforms to the requirements of this By-law, or that such
requirements are varied by a variation order.
Incidental alterations that do not increase the non-conformity and
otherwise conform to this By-law may be made to a non-conforming
building or structure, pursuant to The Act.
(4) Repair or Building
Pursuant to The Act, where a building or structure is damaged or
destroyed more than fifty percent (50%) of its replacement value above
its foundation, the said building or structure shall not be repaired or
rebuilt, except in conformance with this By-law or its amendments, or
where such requirements are varied by a variation order.
(5)
Non-Conforming Parcel
No building or structure may be erected on a non-conforming parcel of
land unless:
a)
The required yards are provided as set forth in the Site Requirement
Table of the zone in which the parcel of land is located; or
b)
A variation order for such yard requirements is granted.
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(6)
Non-Conforming Sign
A non-conforming sign shall be subject to all the provisions of this PART
relating to non-conformity, except as provided hereafter:
a)
A change in the subject matter represented on a sign shall not be
considered a change of use; and
b)
A non-conforming sign may be structurally altered, reconstructed, or
replaced in the same location and position provided that such
structural alteration, reconstruction, or replacement does not result
in:
i.
the creation of a new non-conformity or increase in the degree
of non-conformity; or
ii.
an increase in the sign surface area; or
iii.
an increase in the degree of illumination
(7)
Certificate and Fees
Any fees shall be paid to the Development Officer for the issuance of a
certificate of non-conformity as provided in The Act.
2.12 SITE REDUCED
A site area or site width or required yard reduced below the minimum
requirements of this By-law by virtue of a public works, street or public utility, as
set out under The Act or as approved by Council through the subdivision Approval
process, shall be deemed to conform to the requirements of this By-law.
2.13 FEE SCHEDULE
Portage la Prairie Planning District shall by By-law establish a fee schedule for
zoning
amendments,
zoning
memoranda,
conditional
use
orders,
non-conforming certificates, development permits, building permits and other
appropriate documents.
2.14 ORDER TO REMEDY CONTRAVENTION
If the Development Officer finds that a person is contravening this By-law,
The Planning Act, or any other Act or by-law, the Development Officer may by
written order require the person responsible for the contravention to remedy it
if, in the opinion of the Development Officer, the circumstances so require.
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PART 3 GENERAL DEVELOPMENT STANDARDS
3.1 INTENT OF STANDARDS
In addition to all building standards and regulations set out in Parts 4
through 8, the following Standards set forth in this Part shall also apply.
The following standards apply to developments in all zones. The intent of the
general development standards is to apply the planning principles outlined in the
Portage la Prairie Development Plan to:
(1)
Improve the aesthetic appearance of the public realm through building and
site design;
(2)
Integrate uses in a manner that increases connectivity for cyclists,
pedestrians and management of vehicle traffic; and
(3)
Ensure the design of multi-family, commercial, industrial and institutional
uses protect and enhance the image and land values of neighbouring
residential properties.
3.2 SETBACK STANDARDS FOR INFILL
Development of infill properties will respect and reinforce the general physical
patterns and character of established neighbourhoods with respect to:
(1)
patterns of street, blocks and lanes, parks and public building sites;
(2)
general size and configuration of lots;
(3)
heights, massing, scale and type of dwelling unit compatible with that
permitted by the Zoning By-law or nearby residential properties;
(4)
prevailing building types;
(5)
setback of buildings from the street or streets, side and rear yard
setbacks;
(6)
continuation of special landscape or built form features that contribute
to the unique character of a neighbourhood; and
(7)
conservation of heritage buildings, structures or landscapes.
In cases where infill opportunity exists on properties which vary from local
patterns in terms of lot size, configuration and/or orientation in established
neighbourhoods, the following shall be in effect:
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(8)
building heights, massing and scale must be appropriate for the site and
be generally compatible with those uses permitted by the zoning applied
to adjacent residential and nearby properties;
(9)
will front onto existing or newly created public streets; and
(10)
will locate and screen service areas and garbage storage to minimize
the impact on existing and new streets and residences.
3.3 STANDARDS FOR EDGES OF ZONES ABUTTING
OTHER USE ZONES
When an industrial use abuts a residential use, or when a parking or loading area
accessory to a commercial or other non-residential use is within 6.1 metres of an
abutting residential use; or when a commercial use is adjacent to a lot in a
residential zone, or a lot in residential use, whether or not an existing lane or
drainage way exists, a buffer is required that conforms to the following
specifications:
(1)
A wall, berm, fence or dense vegetative screen with a minimum height of
2 metres, at the time of installation or planting, and must be maintained at
all times.
(2)
If the side site line on the street side of a reverse corner site of a site as
mentioned above shall have the required side yard increased to 7.6
metres.
3.4 REGULATIONS FOR THE DEVELOPMENT OF NEW
SUBDIVISIONS
In order that the public benefit of growth is diffuse, new subdivisions are
required to provide a certain level of amenity as provided for in The Act. These
may include the dedication of lands for:
(1)
Open space
(2)
Parks
(3)
Community Infrastructure
A subdivision shall not be approved unless Council has by resolution given its
recommendation with or without conditions. A developer may also have to enter
into an agreement with the municipality that adheres to the following demands:
(4)
Standards of workmanship for utilities
(5)
Dedication of land
(6)
Phasing of development
(7)
Financial Commitments to the public
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(8)
The posting of bonds to guarantee project completion
(9)
Restrictions on the number of trees which can be removed in a
subdivision site.
New development will also require concept plans and may demonstrate the
following:
(10)
General design layout that may allow all new buildings to be positioned
for maximum solar heat gain and protect residents' long-term access to
solar energy.
(11)
Efficient provision of infrastructure
(12)
Compatibility with other building uses
(13)
Compatibility with transportation
(14)
Landscaping design features for open space, pedestrian and vehicle
access.
3.5 ENVIRONMENTAL CONSIDERATIONS OF NEW
DEVELOPMENT
Ensuring changes to the built environment will be environmentally friendly, as
based on the following planning principles:
(1)
Protecting and improving the health of the natural ecosystem;
(2)
Supporting bio-diversity;
(3)
Supporting the use of renewable energy;
(4)
Reducing consumption of natural resources;
(5)
Preserving and enhancing the urban forest;
(6)
Reducing the risks to life, health, safety, property and ecosystem health,
that are associated with flooding, unstable slopes, erosion and
contaminated lands; and
(7)
Reducing the adverse effects of storm water and snow melt, based on a
hierarchy of wet weather flow practices, starting with at-source, then
conveyance and finally, end-of-pipe solutions.
New development may be subject, where feasible, to include on-site facilities
to manage storm water, rain and snow fall.
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3.6 ACCESSIBILITY STANDARDS FOR ADAPTABLE
HOUSING
Enhanced Adaptable Housing Design Guidelines provide a higher standard of
adaptability and accessibility in residential buildings. Adaptable Housing
considerations are modest improvements to accessibility and adaptability in
residential buildings that make it easier for people to "remain in place" as they
age, and experience illness or injury. Newly-constructed residential buildings
are encouraged to include Basic Adaptable Housing standards. The use of
these guidelines is voluntary and is intended to assist the objectives of
universal physical access to public buildings stated in the Development Plan.
3.6.1 Voluntary Guidelines for Ground-Oriented Housing
Dwelling access
a)
at least one no-step entrance with overhang.
Circulation
a)
hallways have minimum width 1.1 metres.
b)
no steps between, or within, rooms.
c)
turning radius of 1.7 metres in at least one bedroom and kitchen.
3.7 ACCESSORY PARKING REGULATIONS
3.7.1 General Parking Requirements
The following regulations apply to the provision of parking in all zones:
(1) Parking space requirements for accessory, off-street parking are as
listed in the applicable Use Table for the zone the use is located in.
(2) When the computation of the number of accessory off-street parking
spaces required by the PART results in a requirement of a fractional
parking space, any fraction less than one-half of a parking space may
be disregarded, whereas a fraction of one-half or more of a parking
space shall be counted as one parking space.
(3) Required accessory off-street parking spaces shall be located on
the same site as the use being served, unless a variation order is
approved for parking spaces located elsewhere or on a site that the
owner of the premises being served has a continuing right to use
for parking. When the required off-street parking spaces are not
located on the same site being served, the distance from the
parking lot to an entrance to the building or use shall not exceed
91.5 metres in distance, measured along the shortest available
pedestrian route with public access.
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(4) When a building is enlarged or a use extended or changed, the
accessory parking and loading requirements for the enlargement,
extension, or new use shall be provided in accordance with the
requirements of this section and those of the zone in which the
building or use is located.
(5) Off-street parking spaces may be open to the sky or enclosed
within a structure.
(6) The surface of the accessory off-street parking, loading areas,
spaces and the access driveways thereto, with the exception of R1
and R2 RESIDENTIAL ZONES, shall be surfaced with asphalt or
concrete and designed in such a manner that there will be no free
flow of water onto either adjacent properties or public sidewalks.
(7) Gravel parking surfaces, due to difficulties with drainage, will only be
considered as a conditional use in INDUSTRIAL ZONES.
3.7.2 Additional "C4" Regional Commercial Zone Parking Requirements
Notwithstanding any other requirements in this By-law, "C4" REGIONAL
COMMERCIAL ZONE uses shall be subject to the following minimum
off-street parking and loading requirements:
(1)
As an exception to 3.7.1 (1) above, required off-street parking for
the "C4" Zone shall be provided at a ratio of not less than four (4)
parking spaces for each 92.9 square metres of Gross Leasable
Area of all buildings located within the site. The foregoing parking
requirement shall be calculated without regard to the multiple
uses that may be contained in the Regional Commercial Zone.
(2)
All off-street parking spaces required by this Section shall be
located within the Regional Commercial Zone, except that
parking spaces may be located outside of the Development Area
on another non-residentially zoned lot provided:
a)
such other lot is located within 91.4 metres of the
Development Area on which the use for which such spaces
are required is located; and
b)
such lot is in common ownership with, or subject to a long-
term lease or easement for the benefit of, all or a portion of
the Development Area.
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3.7.3 Accessory Parking Layout
The layout and design of accessory off-street parking areas shall be as
follows:
(1)
The minimum dimensions for off-street accessory parking areas
shall be in accordance with section 3.8 "Parking Area Dimensions";
(2)
The depth of each parking space, as specified in section 3.8, shall
be exclusive of access driveways, aisles, ramps and columns, and
floor area dedicated to 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)
Each parking space shall have a vertical clearance of at least 2.3
metres from floor or grade;
(5)
The angle of parking shall be measured between the centre-line of
the parking space and the centre line of the aisle;
(6)
The off-street parking area shall be provided with an access drive
with a minimum width of 6.1 metres and a maximum width of 10.7
metres in all areas except R1 and R2 where it shall be a minimum
of 3.5m and a maximum of 6m to a street or lane with only one (1)
access allowed in an 'R1' zone;
(7)
Except as provided for in paragraph (3) of this subsection, an aisle
or driveway shall not mean a street or lane;
(8)
Lighting used to illuminate an accessory off-street parking area
shall be arranged so that it does not illuminate directly onto the
adjoining sites, streets or lanes;
(9)
An accessory open off-street parking area for multiple family
dwellings shall be provided with guard rails, or wheel stops, or
walls, or ornamental fences or hedges, as approved by the
Development Officer to prevent a vehicle from encroaching onto
public or private property;
(10)
A solid wall, fence or hedge, at least 1 meter, but not greater than
2 metres in height, shall be located along the boundary of the
accessory open off-street parking area where it is adjacent to an
"R1" or "R2" zone boundary in order to screen off the view of said
parking. The design and location shall be approved by the
Development Officer. The wall or fence may be opaque or
perforated provided that not more than 50% of the face is open;
and
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(11)
Guard rails, wheel stops, masonry walls or ornamental fences shall
be maintained in good condition at all times and shall have no signs
attached thereto other than those which are permitted.
3.7.4 "C2" Central Commercial Zone - Reduced Parking Requirements
As an exception to 3.7.1(1) and the parking requirements specified in
Use Table 5.2, no minimum off-street parking requirements apply to
commercial uses within the "C2" Central Commercial Zone. Buildings
with a mix of commercial and residential, hotels and motels and
personal care home uses are required to meet the parking requirement
for multi-family dwellings.
3.8 PARKING AREA DIMENSIONS: MINIMUM
REQUIREMENTS
Angle of
Parking
Width of
Stall
Width of
Aisle
Depth
Perpendicular to Aisle
(degrees)
(metres)
(metres)
(metres)
30
2.75
3.8
4.6
45
2.75
3.8
5.5
60
2.75
6.0
6.0
90
2.75
6.0
6.1
3.9 STACKING SPACE REQUIREMENTS
For vehicular-oriented uses that require queueing space for vehicles, such as
Drive-through establishments, car washes, fuel sales and vehicle repair and
service uses, the following stacking space requirements apply as follows:
(1)
Use providing 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 (1) 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.
(2)
Use providing drive-through vehicle services: a minimum of one (1)
space per bay, plus two (2) stacking spaces, measured from the
entrance.
(3)
All stacking spaces shall be a minimum of five (5) meters long and three
(3) meters wide. Stacking spaces shall provide sufficient space for
turning and manoeuvring.
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(4)
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.
3.10 LOADING REQUIREMENTS
(1)
For all permitted or conditional uses, accessory off-street loading spaces
shall be provided as follows:
a)
No off-street loading space is required for buildings having gross
floor area of less than 464.5 square metres;
b)
Commercial, warehouse, manufacturing and industrial uses
which are larger than 464.5 square metres shall provide one (1)
space for each 1,858.1 square metres of gross floor area or part
thereof;
c)
Institutional and public uses including hospitals, assembly halls,
clubs, public utilities, schools and office buildings which are larger
than 464.5 square metres shall provide one (1) space for each
2,787.1 square metres of gross floor area or part thereof.
(2)
Each off-street loading space shall be a minimum of 37.2 square metres
in area and shall be not less than 3.7 metres in width nor have less than
3.7 metres overhead clearance. In no case shall the length of the
loading space be such that a vehicle in the process of loading or
unloading shall project into any street, lane or public thoroughfare.
(3)
Each off-street loading space shall have access to a public street or
lane.
(4)
Off-street parking spaces shall not be deemed as off-street loading
spaces.
3.11 COMPLIANCE WITH BULK REQUIREMENTS
No land, building or structure shall be used or occupied, and no building or
structure shall be constructed, erected, altered, enlarged or placed, except in
accordance with the minimum site area, minimum site width and yard
requirements prescribed for each zone and use in the Use and Bulk Tables
and the other requirements of this Part.
3.12 PUBLIC MONUMENTS
Nothing in this By-law is so interpreted as to interfere with the maintenance or
erection of monuments, statuary, and similar structures.
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3.13 PUBLIC UTILITIES AND SERVICE
Nothing in the 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 Development Officer, and that any
building or structure erected in any zone complies with the yard and area
requirements applicable to the zone.
3.14 BUILDING GRADE AND SITE DRAINAGE
Shall be in accordance with the City of Portage la Prairie By-laws.
3.15 STREET, LANE AND ROAD FRONTAGE
Where Council deems fit, it may permit a use of land and buildings to be
constructed upon sites having frontage on a private lane or road provided that
said lane or road intersects with a street.
3.16 FUTURE ROAD DEEMED EXISTING
No building or structure shall be erected upon any land designated for a future
road allowance. Any development adjacent to said future road allowance shall
comply with the requirements of the By-law as if the said future road allowance
was already in existence.
3.17 MUNICIPAL SERVICE CONNECTION
(1)
All principal buildings and detached secondary suites constructed on a site
serviced by sewer, water or hydro distribution, shall be connected to such
services.
(2)
Uses that require private waste disposal systems must meet the
minimum site area as determined by the applicable provincial authority.
(3)
In cases where sewer, water or hydro distribution is introduced into an
area where unserviced development already exists, such development is
required to connect to these distribution systems within time frames
established by Council.
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(4)
Industries with distinct requirements for water supply and wastewater
disposal, such as large volumes of water or unique waste characteristics,
shall submit a conceptual servicing plan and servicing report to identify
any impacts to municipal services and the type and cost of any
necessary improvements (such as specialized pre-treatments). In some
cases, such industries may be permitted to develop onsite water supply
and wastewater disposal systems, subject to any provincial oversight and
to the City Council's approval.
3.18 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, water storage tank, electrical apparatus or the mechanical
operation of a building provided that no roof structure or any space above the
height limit shall be permitted for the purpose of providing useable floor space.
3.19 AREA AND YARD REQUIREMENTS
The following provisions shall apply in all zones to ensure adequate site and yard
requirements, unless approved otherwise:
(1)
Where a site is occupied for an approved or permitted use in a zone and
has no buildings or structures thereon, the required yards for the zone
within which it is located shall be provided and maintained.
(2)
It shall be a continuing obligation of the owner to maintain the minimum
site requirements, yards and other open spaces required herein for any
use so long as it remains in existence.
(3)
No building or structure shall be enlarged or reconstructed and no site shall
be reduced in area or created, if such enlargement, reconstruction,
reduction or creation will result in the violation of any provisions of this
By-law.
(4)
Yards and site dimensions provided for a building, structure or use existing
on the effective date of this By-law or amendments thereto shall not be
reduced if already equal to or less than the minimum requirements of this
By-law.
(5) No yard or other open space surrounding a building, structure or use in
existence, or provided under the provisions of this By-law, shall be
considered as providing a yard or open space for any other building,
structure, use or site.
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3.20 PARTY WALLS
(1)
A building divided into units of residential, commercial or industrial uses
may be subdivided along vertical party walls to permit the sale of individual
units.
(2)
The applicable side yard bulk requirements shall be considered fulfilled for
those side site lines contained within the party walls.
3.21 FLOOD RISK AREAS AND HAZARD LANDS
(1)
Development of lands within Flood Risk Areas, as defined in the
Development Plan shall be subject to the approval of the Council, with or
without conditions, and referred to the applicable provincial authority for
review (as per Development Plan Policy 5.3).
(2)
Any building, structure or use including those:
a)
Designed for human habitation;
b)
Associated with high flood damage potential;
c)
Not connected with permitted open space uses;
d)
Consistent with open space uses but that may materially affect
flood stages; or
e)
Used for storage of hazardous materials which are buoyant,
flammable, explosive, or may be injurious to human, animal or plant
life shall not be permitted by Council to locate within a Flood Risk
Area if its location there has the potential to create a hazardous
condition or could endanger life and/or property.
(3)
No development shall be permitted within a horizontal distance of 30.5
metres of the ordinary high-water mark of a waterway.
(4)
The minimum setback requirement from waterways for activities which
may have the effect of polluting the waters shall be determined by Council,
upon recommendation from the applicable provincial authority, and will
reflect the most up to date requirements from any of these sources.
(5) An applicant shall, upon the request of Council, submit evidence prepared by
a licensed professional engineer of the Province of Manitoba to support the
application for development. Such evidence may include bank stability,
design of flood prevention works and evaluation of effects on flood stages and
velocities.
(6) Incidental alterations, enlargements, extensions to existing structures and
uses may be permitted in compliance with this section.
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3.22 MULTIPLE USES OR PROVISIONS
Where land or a building or structure is used for more than one purpose, all
provisions of this By-law relating to each use shall be satisfied. If there is a
conflict, the higher or more stringent requirement shall apply.
3.23 ACCESSORY USES, BUILDINGS AND STRUCTURES
(1)
Any use or building which is permitted or may be approved by virtue of this
By-law includes any building, structure or use accessory thereto subject to
the fulfillment of all requirements contained herein.
(2)
Accessory buildings, except as otherwise regulated in this By-law, shall be
subject to the following regulations:
a)
Where the accessory building is attached to a principal building, it
shall be subject to, and shall conform to, all regulations of this
By-law applicable to the principal building;
b)
In no instance shall an accessory building be located within a
dedicated easement right-of-way.
c)
No accessory building or structure shall be erected prior to erection
of the principal building, except where it is necessary for the storage
of the tools and materials for use during construction of the principal
building or where the principle use of the land requires no principal
buildings.
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3.24 TEMPORARY BUILDINGS AND USES
(1)
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;
b)
Each development permit issued for a temporary building,
structure or use shall be valid for a period of not more than one
(1) year and may not be renewed for more than two (2)
successive one (1)-year periods at the same location.
(2)
Development permits for temporary buildings, structures and uses
associated with the construction and development of the site of their
location, or a nearby site, may only be issued for the following
purposes:
a)
Offices for the contractor or developer or project supervisor;
b)
Accommodation for a caretaker;
c)
Storage of materials and equipment.
3.25 CORNER RESTRICTED AREA
Notwithstanding anything elsewhere contained in this PART, on corner sites
in all Districts, within the restricted area (as defined in Part 1) no fence, wall,
structure, hedge, shrubs or other horticultural landscape features which would
create a fence effect shall be greater than 0.7 m above the adjacent road
surface.
3.26 LIVESTOCK OPERATING POLICIES
Livestock and/or livestock operations shall not be permitted within the City of
Portage la Prairie limits.
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3.27 SPECIAL DEVELOPMENT RESTRICTIONS
(1)
No dwelling or mobile home or other habitable building shall be
constructed or located within 457.2 meters of the site of any municipal
sewage lagoon or solid waste disposal site.
(2)
No dwelling or mobile home or other habitable building shall be
constructed or located within 805 meters of the site of an anhydrous
ammonia storage tank or a farm bulk chemical supply facility.
(3)
No building, dwelling, mobile home or farm building or structure shall
be located within 30 meters of the edge of the right-of-way of any
pipeline regulated by the National Energy Board, unless specific
approval has been granted by the National Energy Board.
(4)
No building, dwelling, mobile home or farm building or structure shall
be located within 30 meters of the edge of the right-of-way of any
railway, unless the structure is required for railway operations, or
requires railway service.
(5)
No building, dwelling, mobile home or farm building or structure shall
be constructed or located within an area which has been designated as
a high or medium quality aggregate area by the applicable provincial,
unless the site has been further reviewed by that Branch and a
recommendation provided which would allow development to proceed.
Where the proposed building is a dwelling or mobile home, a
separation distance of 152 meters shall be provided between the
building location and any active mining area.
3.28 PROJECTIONS INTO REQUIRED YARDS
(1)
Within all zones, the required yards are intended to provide open
spaces around buildings and structures for purposes of amenity,
privacy, fire protection, and maintenance operations along the walls of
buildings. Required yards shall be maintained as open space areas on
all sites, except as follows:
a)
trees, shrubs and gardens;
b)
fences, walls and retaining walls;
c)
flagpoles, signs and lighting fixtures;
d)
sidewalks, driveways and parking and loading spaces;
e)
outside storage (where permitted);
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f)
open, unenclosed and uncovered porches, decks with railings
higher than .2m above grade, terraces, balconies, fire escapes
and stairways;
g)
architectural features including chimneys, bay windows, alcoves,
canopies, awnings, eaves and gutters may project into a required
yard;
h)
decks without continuous railings may project into a side yard up
to the site line provided they are not higher than .2 m above
grade.
(2)
For residential zones, items (a) and (b) shall not create a wall-like
effect higher than 1 meter in the front yard or 2 meters in any other
yard.
(3)
For residential zones, items (f) to (h) may project into a required side or
rear yard not more than 3.75m, provided a required side yard is not
reduced to less than .9m
(4)
Where outside storage is permitted, it may not be located in any front
yard, corner side yard or yard abutting a residential or Open
Space/Recreation Zone. This restriction does not apply to the display of
farm machinery, vehicles or to lawnmowers, snowmobiles and the like.
3.29 NUMBER OF PRINCIPAL DWELLINGS
No person may be issued a development permit to construct more than
one (1) dwelling unit or mobile home on a parcel of land, unless permitted to
do so elsewhere under this By-law.
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PART 4
RESIDENTIAL ZONES
4.1 TYPE AND INTENT OF RESIDENTIAL ZONES
The Residential Zones established in this By-law are intended to provide sufficient
land for various types of residential development within the City of Portage la
Prairie in keeping with the provisions of the Development Plan.
"RR" RURAL RESIDENTIAL ZONE
The "RR" Rural Residential Zone provides for the development of low density,
Single-Family dwellings in a rural type setting on private services.
"R1" SINGLE-FAMILY DWELLING ZONE
The "R1" Single-Family Dwelling Zone provides for the development of serviced
Single-Family dwellings on smaller lots.
"R1-60" SINGLE-FAMILY DWELLING ZONE
The "R1-60" Single Family Dwelling Zone provides for the development of serviced
Single-Family dwellings on larger lots.
"R2" TWO-FAMILY DWELLING ZONE
The "R2" Two-Family Dwelling Zone provides for the development of low density
Two-Family dwellings, either duplexes or side by side, semi-detached units, for
which each semi-detached unit may have a separate Certificate of Title. Single-
Family dwellings shall also be permitted.
"R3" MULTIPLE-FAMILY ZONE
The "R3" Multiple-Family Dwelling Zone provides for the development of medium
density such as triplexes and four-plexes; and high density such as town or row
type dwellings, and apartments. Single-Family and Two-Family dwellings may also
be permitted in this zone.
"RLL" RESIDENTIAL LARGE LOT
The "RLL" Residential Large Lot Dwelling Zone provides for the development of
serviced Single-Family dwellings in a park like setting on 10 acre lots.
"RMH" RESIDENTIAL MOBILE HOME ZONE
The "RMH" Residential Mobile Home Zone provides for the development of mobile
homes in serviced residential mobile home parks and mobile home subdivisions,
together with associated and compatible uses.
Residential Zones
City of Portage la Prairie Zoning By-law 21-8724
4-
2
Table 4.1 Residential Zone Site Requirements
(1) Sets forth the bulk requirements for uses in the Residential Zones. Lower case
alphabetic letters contained in parenthesis ( ) refer to explanations or
exceptions listed in the Performance Standards at the end of the bulk table,
which form part of the requirements within these zones.
Table 4.1 Residential Zone Site Requirements
Minimum Site Requirements
Maximum
Requirements
Site (f)
Yard
Zones
Permitted
Conditional
Uses
Area
(sq. m)
Widt
h
(m)
Front
(m)
Side (m)
Rear
(m)
Dwelling
Unit
Area
(sq. m)
% Site
Cover
Building
Height (m)
Interior
Corner
RR(c)
Accessory
Building,
Structure or
Uses (e)
15.2
1.5
3.0 (a)
1.5
14
6.1
Dwelling
Single
Family
8,093.7
30.5
15.2
3.0(b)
7.5
7.5
74
40
9.1
Other Uses
30.5
15.2
3.0
7.5
7.5
4.0
9.1
R1
Accessory
Building,
Structure or
Uses (e)
7.5
1.5
3.0 (a)
.6
14
4.6
Dwelling
Single
Family
464.5
15.2
(f)
7.5
1.5
(b)
3.0
(a)(b)
7.5
74
40
9.1
Other Uses
930
30.5
7.5
3.0
3.6
7.5
40
9.1
R1-60
Accessory
Building,
Structure or
Uses (e)
7.5
1.5
3.0
(a)
.6
14
4.6
Dwelling
Single
Family
557.4
18.3
7.5
1.5
(b)
3.0
(a)(b)
7.5
93
40
9.1
Other Uses
930
30.5
7.5
3.0
3.6
7.5
40
9.1
Residential Zones
City of Portage la Prairie Zoning By-law 21-8724
4-
3
Table 4.1 Residential Zone Site Requirements
Minimum Site Requirements
Maximum
Requirements
Site (f)
Yard
Zones
Permitted
Conditional
Uses
Area
(sq. m)
Widt
h
(m)
Front
(m)
Side (m)
Rear
(m)
Dwelling
Unit
Area
(sq. m)
% Site
Cover
Building
Height (m)
Interior
Corner
R2
Accessory
Building
Structure or
Use (e)
7.5
1.5
3.0
(a)(b)
.6
14
4.6
Dwelling
Single
Family
464.5
15.2
(f)
7.5
1.5
(b)
3.0
(a)(b)
7.5
74
40
9.1
Dwelling
Two- Family
557.4
18.3
7.5
1.5
(b)
3.0
(a)(b)
7.5
74
40
9.1
Other Uses
930
30.5
7.5
3.0
3.6
7.5
40
9.1
R3
Accessory
Building,
Structure or
Use (e)
9.1
1.5
3.0
(a)(b)
0.6
10
4.6
Dwelling
Multiple-
Family
(excluding
three and
four-plexes)
929
30.5
6
4.6
4.6
7.5
37.2
80
42.6
Dwelling
Multiple-
Family
(Three and
four-plexes)
836.1
22.9
9.1
1.5
3.6
7.5
74
50
10.7
Dwelling
Two Family
557.4
18.3
9.1
1.5
(b)
3.0
(a)(b)
7.5
74
40
9.1
Dwelling
Single
Family
464.5
15.2
(f)
9.1
1.5
(b)
3.0
(a)(b)
7.5
74
40
9.1
Other Uses
930
30.5
9.1
3.0
3.6
7.5
40
9.1
Residential Zones
City of Portage la Prairie Zoning By-law 21-8724
4-
4
Table 4.1 Residential Zone Site Requirements
Minimum Site Requirements
Maximum
Requirements
Site (f)
Yard
Zones
Permitted
Conditional
Uses
Area
(sq. m)
Widt
h
(m)
Front
(m)
Side (m)
Rear
(m)
Dwelling
Unit
Area
(sq. m)
% Site
Cover
Building
Height (m)
Interior
Corner
RLL
Accessory
Building,
Structure or
Use (e)
15.2
1.5
3.6
1.5
5
6.1
Single
Family
Dwelling
40,467
91
15.2
3.0
(b)
7.5
7.5
74
5
9.1
Other Uses
40,467
91
15.2
3.0
7.5
7.5
5
9.1
Accessory
Building,
Structure or
Use
3.6
1.5
3.0
(a)
3.0
(e)
14
5
RMH
Mobile
Home
Subdivision
634
19.8
3.6
1.5
3.0
(a)
3.6
74
40
5
Other Uses
634
30.5
7.5
3.0
3.6
7.5
9.1
Mobile
Home Park
& Accessory
Uses
See Part 8.5
Residential Zones
City of Portage la Prairie Zoning By-law 21-8724
4-
5
Table 4.1 Notes
a)
In the case of a reversed corner site, the side yard on the street side of the
reversed corner site shall be increased to a minimum of 3.6 metres.
b)
If there is no attached garage or carport, one side yard shall be 4.6 metres.
c)
In the "RR" Rural Residential Zone, the minimum setback from the Assiniboine
River shall be 60.1 metres from the top of the existing bank in the area west of
PR240, and 4.6 metres from the landward toe of the dyke in the area east of
PR240. (A requirement of Natural Resources as of 1981).
d)
In the case of an outdoor pool or hot tub, a minimum of 1.5 metres must be
provided from any side or rear site line.
e)
When detached accessory buildings are located a minimum of 1.8 metres from
the principal building on the site the side yard may be reduced to .6 metres.
The side yard on the street side of a corner site shall be 3.6 metres.
f)
In the case of a corner lot, the site width shall be 18.3 metres.
Table 4.2 Residential Land Use Regulations and Parking
(1)
Table 4.2 lists all uses that are:
a)
"P", Permitted; or
b)
"C", Conditional in the Residential Zones. All listed uses are subject to the
provisions contained herein.
(2)
Table 4.2 provides parking requirements for all Permitted and Conditional Uses
in Residential Zones. If the parking reference space is left blank for a use, it can
be assumed that no parking requirements are needed.
Residential Zones
City of Portage la Prairie Zoning By-law 21-8724
4-
6
Table 4.2 Residential Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING (a)
RR R1 R1-60
R2
R3
RLL RMH
Accessory Building,
Structure or Use
See Section 3.23 & PART 8
Assisted Living
C
C
One and a Half (1.5) per dwelling unit (10% of
which are unassigned visitor parking spaces)
Bed and Breakfast
(see 8.4)
C
C
C
C
C
One (1) space per unit
Childcare, Centre
(see 8.1)
C
C
C
C
C
One (1) per staff plus drop off and pick up
area
Community/Recreation
Center
C
C
C
C
C
C
C One (1) per 46.5 square metres of floor area
Dwelling, Mobile Home
(see 8.5)
P One (1) per dwelling unit
Dwelling, Multi Family
(see 8.6)
C
P
One and a Half (1.5) per dwelling unit (10% of
which are unassigned visitor parking spaces)
Dwelling, Single Family
P
P
P
P
C
P
One (1) per dwelling unit
Dwelling, Two Family
P
C
One (1) per dwelling unit
Emergency Residential
Shelter
C
At the discretion of the Development Officer
Funeral Chapel or Mortuary
C
One (1) per 46.5 square metres of floor area
Gallery/Museum
C
C
C
C
C
C
C One (1) per every 93.0 square metres of floor
area but not less than Two (2)
Government Services
C
C
C
C
C
C
C One (1) per 23.2 square metres of floor area
Group Residence
P
One (1) per resident
Library
C
C
C
C
C
C
C One (1) per every 93.0 square metres of
floor area but not less than Two (2)
Neighbourhood
Rehabilitation Home
C
One (1) per resident
Park/Playground
P
P
P
P
P
Place of Worship
C
C
C
C
C
C
One (1) per Five (5) seats in the principal
seating area but no less than Ten (10) spaces
Protection and Emergency
Services
P
P
P
P
P
C
P One (1) per every 93.0 square metres of floor
area but not less than Two (2)
Public Utility
C
C
C
C
C
C
C
Rooming House
C
C
C
C
C
C
One (1) per space per dwelling unit
School, Elementary or
Junior High (see 8.9)
C
C
C
C
C
C
One (1) per classroom plus Ten (10)
additional spaces
School, Senior High
(see 8.10)
C
C
C
C
C
C
Five (5) per classroom
Residential Zones
City of Portage la Prairie Zoning By-law 21-8724
4-
7
Table 4.2 Notes
a)
Parking provisions must be in accordance with the standards and regulations
discussed in PART 3.7 of this By-law.
Table 4.2 Residential Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING (a)
RR R1 R1-60
R2
R3
RLL RMH
Secondary Suite
(see 8.7)
C
C
C
C
One (1) additional onsite parking stall
Sign
(see 8.15)
Commercial Zones
City of Portage la Prairie Zoning By-law 21-8724
5-1
PART 5 COMMERCIAL ZONES
5.1 TYPE AND INTENT OF COMMERCIAL ZONES
This By-law contains four types of commercial zones designed to allow different
intensities of commercial development in appropriate locations based on the intent of the
zones as described below and in accordance with the Portage la Prairie Planning District
Development Plan.
"C1" NEIGHBOURHOOD COMMERCIAL ZONE
This zone provides locations, characteristically small in size, either within or abutting
residential zones, for low intensity commercial, office, service and institutional
establishments meant to service the needs of the immediate neighbourhood. Development
in this zone will be of compatible scale and sensitive to existing development both on the
arterial street it shares residential uses with and the surrounding residential neighbourhood.
Encourage high density residential uses.
"C2" CENTRAL COMMERCIAL ZONE
This zone provides for appropriate land in the central business area for a diversity of uses
including retail, business, social, cultural, residential and institutional land uses.
"C3" AVENUE COMMERCIAL ZONE
This zone provides locations for commercial uses that are dependent upon high traffic
volumes and access to appropriate transportation thoroughfares and considers the impact
of commercial uses under this zone on any adjoining residential uses. Within this zone,
attention is paid to ensuring adequate traffic management measures, adequate parking, and
site landscaping considerations for aesthetic purposes so as to minimize impact on adjoining
development, transportation systems and any adjoining residential uses.
"C4" REGIONAL COMMERCIAL ZONE
The purpose of this zone is to permit the expansion, renovation and redevelopment of the
West Saskatchewan retail shopping center and the development of large format commercial
/ retail uses and complementary entertainment uses in a planned context. The Regional
Commercial Zone is established as a special zone to develop a regional shopping
experience different from, but complementary to, the City's downtown and Saskatchewan
Avenue's commercial areas, subject to the specific regulations and requirements contained
in this PART.
Commercial Zones
City of Portage la Prairie Zoning By-law 21-8724
5-
2
Table 5.1 Commercial Zone Site Requirements
(1) Sets forth the bulk requirements for uses in the Commercial Zones.
Table 5.1 Commercial Zone Site Requirements
Minimum Site Requirements
Maximum
Requirements
Site
Yard
Zones
Permitted
Conditional
Uses
Area
(sq. m)
Width
(m)
Front
(m)
Side (m)
Rear
(m)
Dwelling
Unit
Area
(sq. m)
% Site
Cover
Building
Height (m)
Interior
Corner
C1
(b)(e)
Accessory
Building,
Structure or
Use (a)
0
0
0
1.5
10
shall not
exceed
height of
principle
bldg
All Other C1
Uses
325
9.0
0
0
(c)
0
(d)
6.0
37.2
80
15.2
Dwelling
Multiple
Family (R3)
(excluding
three and
four-plexes)
929
30.5
9.1
4.6
4.6
7.5
37.2
80
15.2
C2
(b)(e)
Accessory
Building,
Structure or
Use
7.5
1.5
4.6
1.5
10
shall not
exceed
height of
principle
bldg
All Other C2
Uses
325
15.2
0
0
(c)
0
(d)
6.0
37.2
80
22
Dwelling
Multiple
Family (R3)
(excluding
three and
four-plexes)
929
30.5
9.1
4.6
4.6
7.5
37.2
80
22
Commercial Zones
City of Portage la Prairie Zoning By-law 21-8724
5-
3
Table 5.1 Commercial Zone Site Requirements
Minimum Site Requirements
Maximum
Requirements
Site
Yard
Zones
Permitted
Conditional
Uses
Area
(sq. m)
Width
(m)
Front
(m)
Side (m)
Rear
(m)
Dwelling
Unit
Area
(sq. m)
% Site
Cover
Building
Height (m)
Interior
Corner
C3
(b)(e)
Accessory
Building,
Structure or
Use
9.1
4.6
9.1
7.5
10
shall not
exceed
height of
principle
bldg.
All Other C3
Uses
460
15.2
6.0
1.5
3.0
(d)
7.5
50
15.2
Dwelling
Multiple
Family (R3)
(excluding
three and
four-plexes)
929
30.5
9.1
4.6
4.6
7.5
37.2
80
22
C4
(b) (e)
(f)
Accessory
Building,
Structure or
Use
9.1
4.6
9.1
7.5
10
shall not
exceed the
height of
principle
bldg
All Other
C4 Uses
1396
45.8
0
0
0
0
45
24.4
Large-
Format
Commercial
8390
91.6
0
0
0
0
45
24.4
Commercial Zones
City of Portage la Prairie Zoning By-law 21-8724
5-
4
Table 5.1 Commercial Zones Performance Standards
The following Performance Standards form part of Table 5.1 Commercial Zone Site
Requirements:
a)
Detached accessory buildings shall be located a minimum of 3.0 metres from the
principal building on the site.
b)
Service station fuel pumps shall be located a minimum of 4.6 metres from any site line.
c)
When abutting an "R" Zone, the interior side yard shall be 1.5 metres.
d)
The side yard on the street side of a reversed corner site abutting an "R" zone shall
be 4.6 metres.
e)
See Section 3.3 when adjacent to residential zones.
f)
The minimum yard requirement for uses within in the same C4 zone is 0 meters. For
uses abutting a residential zone boundary or a road allowance, the minimum yard
requirements are 4.6 meters. For uses abutting other zones, a minimum 3 meter yard
is required.
Table 5.2 Commercial Zone Land Use Regulations and Parking
(1)
Table 5.2 lists all uses that are:
a)
"P", Permitted; or
b)
"C", Conditional in the Commercial Zones.
All listed uses are subject to the provisions contained herein.
(2)
Table 5.2 provides parking requirements for all Permitted and Conditional Uses in
Commercial Zones. If the parking reference space left blank for a use, it can be
assumed that no parking requirements are needed.
Commercial Zones
City of Portage la Prairie Zoning By-law 21-8724
5-
5
Table 5.2 Commercial Zone Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING (a)
C1
C2(e)
C3
C4
Accessory Building,
Structure and Use
(See 3.23 and Part 8)
C
C
P
C
Amusement Enterprise,
Indoor
C
C
C
C
One (1) per 93 square metres of floor area
Amusement Enterprise,
Outdoor
C
At the discretion of the Development
Officer
Animal Day Care
C
C
C
C
One (1) per 93.0 square metres of floor
area
Animal Grooming
C
P
P
P
One (1) per 93.0 square metres of floor
area
Animal Hospital or
Veterinary Clinic
C
C
P
C
One (1) per 93.0 square metres of floor
area
Assisted Living
C
One and a Half (1.5) per dwelling unit
(10% of which are unassigned visitor
parking spaces)
Auction Room
C
C
One (1) per 46.5 square metres of floor
area
Brewery, Distillery or
Winery
C
C
C
One (1) per 46.5 square metres of floor
area
Building, Landscape or
Garden Supplies
C
C
One (1) per 46.5 square metres of floor
area
Bus Depot
C
P
P
One (1) per 46.5 square metres of floor
area
Car Wash
C
C
P
P
Two (2) spaces, plus requirements of
section 3.9
Cheque-Cashing Facility
C
C
One (1) per 46.5 square metres of floor
area
Childcare, Centre
(see 8.1)
C
C
C
P
One (1) per staff plus drop off and pick up
area
Club, Private
(not licensed)
C
P
P
P
One (1) per 46.5 square metres of floor
area
College or University
C
C
One (1) for every Four (4) employees and
One (1) for every Four (4) students
Commercial School
C
C
C
One (1) per classroom but not less than
Ten (10)
Community/Recreation
Center
C
C
P
P
One (1) per 46.5 square metres of floor
area
Conference Centre
P
P
One (1) per 23.2 square metres of floor
area
Contractors' Establishment
C(c)
C(c)
One (1) per 93.0 square metres of floor
area
Drinking Establishment
C
P
P
P
One (1) per 23.2 square metres of floor
area
Commercial Zones
City of Portage la Prairie Zoning By-law 21-8724
5-
6
Table 5.2 Commercial Zone Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING (a)
C1
C2(e)
C3
C4
Drive-Through
Establishment
(see 8.11)
C
P
P
P
See section 3.9
Dwelling, Multi Family
(see 8.6)
C (b)
C(b)
C
One and a Half (1.5) per dwelling unit
(10% of which are unassigned visitor
parking spaces)
Dwelling Unit
P(b)
P(b)
C(b)
One (1) per space per dwelling unit
Emergency Residential
Shelter
C
At the discretion of the Development
Officer
Entertainment Facility
C
P
P
One (1) per 46.5 square metres of floor
area
Farmers Market
C
C
Fleet Services
C
P
P
P
One (1) per 93.0 square metres not less
than Two (2)
Fuel Sales
C
C
P
P
One (1) per every 278.7 square metres of
floor area but not less than Two (2)
Funeral Chapel or Mortuary
C
C
P
P
One (1) per 46.5 square metres of floor
area
Gallery/Museum
C
C
P
P
One (1) per every 93.0 square metres of
floor area but not less than Two (2)
Government Services
P
P
P
P
One (1) per 23.2 square metres of floor
area
Health Institute/Hospital
C
C
P
P
.75 parking spaces per bed
Heavy Equipment Sales,
Service and Rental
P
P
One (1) per every 93.0 square metres of
floor area. At the discretion of the
Development Officer
Hotel or Motel
P
P
P
P
One (1) per unit
Large Format Commercial
C
P
P
One (1) per 46.5 square metres of floor
area
Library
P
P
P
One (1) per every 93.0 square metres of
floor area but not less than Two (2)
Park/Playground
C
C
C
C
Parking, Structure
C
P
P
P
Parking, Surface Lot
C
P
P
P
Pawnshop
C
C
One (1) per 46.5 square metres of floor
area
Personal Care Home
C
P
P
P
.75 parking space per bed
Personal Services
P
P
P
P
One (1) per 46.5 square metres of floor
area
Place of Worship
P
C
P
P
One (1) per Five (5) seats in the principal
seating area but no less than Ten (10)
spaces
Commercial Zones
City of Portage la Prairie Zoning By-law 21-8724
5-
7
Table 5.2 Commercial Zone Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING (a)
C1
C2(e)
C3
C4
Plaza / Square
P
P
P
P
Postal/Carrier Depot
C
P
P
One (1) per 93.0 square metres of floor
area but not less than Two (2)
Professional Services
P
P
P
P
One (1) per 46.5 square metres of floor
area
Protection and Emergency
Services
P
P
P
P
One (1) per every 93.0 square metres of
floor area but not less than Two (2)
Radio / TV / Motion Picture
Studio
C
C
P
P
One (1) per 46.5 square metres of floor
area
Recycling Collection Area
P
P
P
P
Restaurant
C
P
P
P
One (1) space for every Four (4) seats or
One (1) per 23.2 square metres of floor
area, whichever is greater
Retail Sales
P(d)
P
P
P
One (1) per 46.5 square metres of floor
area
Sexually Oriented Business
C
C
C
One (1) per 46.5 square metres of floor
area
Shipping Container
(see 8.12)
C
C
Sign
(see 8.15)
Vehicle Repair and Service
C
C
P
P
One (1) per 46.5 square metres of floor
area
Vehicle Sales and Rental
C
P
P
P
One (1) per every 93.0 square metres of
floor area but not less than Two (2)
Warehouse
P
One (1) per 46.5 square metres of floor
area
Table 5.2 Notes
a)
Parking provisions must be in accordance with the standards and regulations discussed
in PART 3.7 of this By-law.
b)
Must be located above first floor and be a minimum of 37.2 square metres in floor area.
c)
Compounds shall be completely enclosed by a 2.0 m in height solid screened fence with
no material projecting above the fence. (see 5.3.3.(3))
d)
Retail Sales of liquor, beer, wine or cannabis products is a conditional use in the C1
zone.
e)
See 3.7.4
Commercial Zones
City of Portage la Prairie Zoning By-law 21-8724
5-
8
5.2 COMMERCIAL ZONE REGULATIONS
5.2.1 Multiple Buildings and Uses
a)
More than one (1) principal building may be located on one (1) parcel
provided that the yard requirements for each building are fulfilled without
overlap with other yards.
b)
A multiple-unit building shall be considered one (1) building for the purposes
of establishing yard requirements.
c)
A Planned Unit Development as approved by Council need not fulfill
subsection 5.2.1 above.
5.2.2 Multi-Building Developments
Commercial or institutional developments containing more than one principal
building on a single parcel of land must provide an unobstructed pathway or
walkway between all principal buildings for persons with disabilities. The width
of such a walkway or pathway will be no less than 0.9 metres.
Commercial
Site layout:
Yard illustration
Commercial Zones
City of Portage la Prairie Zoning By-law 21-8724
5-
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5.3 COMMERCIAL ZONE DESIGN STANDARDS
5.3.1 Consistency of Design
Buildings in which the bulk of the gross floor area is dedicated to a commercial or
institutional use must abide by the following standards:
a)
All sides of a building that are open to a public view of a public street (not
including a back lane) must incorporate a similar level of architectural
interest.
b)
A minimum of 10% of the building façade must be comprised of
transparent materials i.e., glass windows and doors.
5.3.2 Bicycle Access
Each commercial or institutional establishment whose floor area exceeds 6,968
square metres must comply with the following standards:
a)
Bicycle routes may be provided between public cycle lanes and onsite
parking areas. Sites should be designed so as to respect the intersection of
different forms of transportation by avoiding or mitigating interaction
between bicyclists/ motorists and bicyclists/ pedestrians.
b)
Bicycle parking racks are encouraged to be installed.
5.3.3 Landscaping
(1) The garbage collection area of any commercial use shall be located at the
rear of the building and will be visually screened from the back lane or any
other thoroughfare.
(2) When a commercial use is developed adjacent to a lot in a residential
zone, or a lot in residential use, whether or not an existing lane or drainage
way exists, a wall, berm, fence or dense vegetative screen with a minimum
height of 2 metres at the time of installation or planting, and must be
maintained at all times.
(3) Barbed wire fencing may be permitted at the top of storage compound
fences in the "C" Commercial Zones at the discretion of the
Development Officer. No electric fence shall be allowed.
Commercial Zones
City of Portage la Prairie Zoning By-law 21-8724
5-
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5.4 REGIONAL COMMERCIAL ZONE STANDARDS
In addition to the other requirements of this By-law, large-format commercial uses
located in the Regional Commercial Zone will be carried out so as to provide for and
maintain:
(1)
Protection of neighbouring properties against harmful effects of uses on the
development site;
(2)
Convenient and safe access for fire-fighting and emergency rescue vehicles
within the development site and in relation to adjacent streets;
(3)
Convenience and safety of vehicular and pedestrian movement within the
development site and in relation to adjacent streets, properties or
improvements;
(4)
Satisfactory methods of storm water management;
(5)
Satisfactory methods for storage, handling and disposal of sewage, refuse
and other wastes resulting from the normal operations of the establishments
on the development site;
(6)
Convenience and safety of off-street loading and unloading of vehicles,
goods, products, materials and equipment incidental to the normal operation
of the establishments on the development site;
(7)
Adequate off-street parking and traffic mitigation measures that will enhance
the efficiency of the transportation system;
(8)
Balanced and appealing relationship to the natural physical features of the
land and to existing buildings in the vicinity of the development site;
(9)
Attractive and functional design with due regard to the existing conditions of
the development site and the use thereof for large format independent
commercial uses and related shopping center uses, in order to promote the
interests of the community.
(10)
Service station fuel pumps shall be located a minimum of 4.6 metres from any
site line.
Commercial Zones
City of Portage la Prairie Zoning By-law 21-8724
5-
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5.4.1 Site Plan Design Guidelines
Owing to their physical characteristic and the nature of their operations, a
shopping center and large format commercial uses may affect neighbouring
properties and adjacent sidewalks and streets. It is in the interest of the
community to promote functional and aesthetic design, construction and
maintenance of a large format commercial use or shopping center and to
minimize any harmful affects on surrounding areas.
Purpose:
The provisions of this section are designed to assure that all development
activities associated with a large format commercial use or shopping center will
be carried out in furtherance of the purposes articulated in Section 5.4 above,
taking into account the existing condition of the development area, the large-
scale character of developments, the customary site layout of large format
commercial and shopping center uses (hereinafter referred to as the "Design
Constraints").
5.4.2 Large Format Commercial Site Development Standards
a)
A reasonable effort shall be made to improve, conserve and protect
natural features that are of some lasting benefit to the site, its environs
and the community at large.
b)
Slopes which exceed ten percent (10%) shall be protected by appropriate
measures against erosion, run-off, and unstable soil, trees and rocks.
Measures shall be taken to stabilize the land surface from unnecessary
disruption. Such stabilization measures shall be the responsibility of the
property owner.
c)
The placement of buildings, structures, fences, lighting and fixtures on
each site shall not interfere with traffic circulation, safety, appropriate use
and enjoyment of adjacent properties.
d)
At any driveway, a visibility triangle shall be provided in which nothing shall
be erected, placed, planted or allowed to grow so as to materially impede
vision from within motor vehicles between a height of 0.9 metre and 2.4
metres above the average centerline grades of the intersecting street and
driveway, said triangle being bounded by the intersection of the street line
and the edges of a driveway and a line joining points along said lines 6.1
metres distant from their projected intersection.
e)
Adequate illumination shall be provided to parking lots and other areas for
vehicular and pedestrian circulation. All illumination shall be directed
and/or shielded so as not to interfere with traffic beyond the perimeter of
the site.
f)
Exterior landscaping of a large format commercial use shall be subject to
review in connection with the Site Plan Review process described herein.
Commercial Zones
City of Portage la Prairie Zoning By-law 21-8724
5-
12
g)
A minimum of 10% landscaped open space is required.
h)
All utility service transmission systems, including but not limited to water,
sewer, natural gas, electrical and telephone lines, shall, whenever
practicable, be placed underground. Electric, telephone, cable TV, and
other such utilities shall be underground, except for transformers, electric
switching boxes or similar equipment and gas metres, which may be
above ground.
i)
All surface water run-off from structures and impervious surfaces shall be
managed on-site; but in no case shall surface water drainage be across
sidewalks or public or private ways.
j)
It is preferred that drainage systems be designed to minimize the
discharge of pollutants by maximizing appropriately designed vegetated
drainage channels and sedimentation basins that allow for adequate
settling of suspended solids and maximum infiltration (with due regard to
the Design Constraints). Dry wells, leaching pits and other similar
drainage structures may be suggested by the City Director of Operations
where other methods are not practicable. Subject to ambient surcharge
conditions, it is preferred roof run-off be recharged to the ground via a
system of dry wells and/or infiltration systems. It is preferred that non-toxic
roof materials be used to minimize the leaching of toxic materials to the
groundwater. It is preferred that all such drainage structures shall be
preceded by oil, grease and sediment traps to facilitate removal of
contaminants.
k)
Drainage calculations shall be for the design storm as specified by the
City Director of Operations.
l)
The materials submitted shall include provision for an appropriate
maintenance program for such drainage structures to be implemented and
maintained by the proponent. The materials submitted shall show
adequate measures to mitigate pollution of surface or groundwater to
minimize erosion and sedimentation.
m) Drainage shall be designed to the specification of the City Director of
Operations providing for staged release into the regional drainage system
and ensuring neighbouring properties will not be adversely affected.
n)
The materials submitted shall describe estimated average daily and peak
hour vehicle trips to be generated by the site and traffic flow showing
adequate access to and from the site and adequate circulation within the
site. Reasonable efforts shall be made to provide vehicular and pedestrian
connections within the development area to adjoining properties devoted
to retail use.
Commercial Districts
City of Portage la Prairie Zoning By-law 21-8724
6-1
PART 6 INDUSTRIAL ZONES
6.1 TYPE AND INTENT OF INDUSTRIAL ZONES
This By-law contains two types of industrial zones designed to allow appropriate locations
for different types of industrial uses based on criteria defined below.
"M1" Light Industrial Zone
This zone provides land for the development of warehouse and other low impact industrial
uses that are deemed compatible with other nearby residential or commercial uses.
Industrial uses are permitted which carry on their operations in such a manner that no
nuisance factor is created or emitted. Contained or screened outside storage may be
permitted.
"M2" Heavy Industrial Zone
The intent of this zone is to provide land for the careful siting of a wide range of industrial
uses, where certain obnoxious elements must be accepted as characteristic of their use.
Where possible, such uses will be located as far as possible from residential and other zones
to minimize detrimental effects of the industry on other land uses.
Industrial Zones
City of Portage la Prairie Zoning By-law 21-8724
6-
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Table 6.1 Industrial Zone Site Requirements
(1) Sets forth the bulk requirements for uses in the Industrial Zones.
Table 6.1 Industrial Zone Site Requirements
Minimum Site Requirements
Maximum Requirements
Site
Yard
Zones
Permitted
Conditional
Uses
Area
(sq.
m)
Width
(m)
Front
(m)
Side (m)
Rear
(m)
Site Coverage
Building
Height (m)
Interior
Corner
M1
(b)
Accessory
Building,
Structure or
Use (a)
22.9
4.6
7.6
4.6
9.1
M1 Uses
464.5
15.2
15.2
4.6
7.6 (c)
4.6 (c)
60%
15.2
M2
(b)
Accessory
Building,
Structure or
Use (a)
22.9
4.6
7.6
4.6
9.1
M2 Uses
929
30.5
15.2
4.6
7.6 (c)
4.6 (c)
60%
30.5
Table 6.1 Notes
a)
Detached accessory buildings shall be located a minimum of 3.0 metres from the
principal building on the site.
b)
Service station fuel pumps shall be located a minimum of 4.6 metres from any site line.
c)
See Section 3.3 when adjacent to residential zones.
Industrial Zones
City of Portage la Prairie Zoning By-law 21-8724
6-
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Table 6.2 Land Use Regulations and Parking
(1)
Table 6.2 lists all uses that are:
a)
"P", Permitted; or
b)
"C", Conditional in the Industrial Zones.
All listed uses are subject to the provisions contained herein.
(2)
Table 6.2 provides parking requirements for all Permitted and Conditional Uses in
Industrial Zones. If the parking reference space is left blank for a use, it can be
assumed that no parking requirements are needed.
Table 6.2 Industrial Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING (a)
M1
M2
Accessory Building, Structure
or Use
See 3.23 and Part 8
Agriculture, Indoor (b)
C
C
At the discretion of the Development Officer
Agricultural Industries
C
P
One (1) per every 93.0 square metres of floor
area, at the discretion of the Development Officer
Agricultural Processing (b)
C
P
At the discretion of the Development Officer
Amusement Enterprise,
Indoor
C
One (1) per 93.0 square metres of floor area
Amusement Enterprise,
Outdoor
P
At the discretion of the Development Officer
Animal Day Care
C
P
One (1) per 93.0 square metres of floor area
Animal Hospital or
Veterinary Clinic
C
P
One (1) per 93.0 square metres of floor area
Animal Kennel
C
P
At the discretion of the Development Officer
Animal Shelter
C
P
One (1) per 46.5 square metres of floor area
Auction Room
C
P
One (1) per 46.5 square metres of floor area
Auction Yard
C
P
One (1) per every 278.7 square metres of floor
area but not less than Two (2)
Brewery, Distillery or Winery
C
C
One (1) per 46.5 square metres of floor area
Building, Landscape or
Garden Supplies
P
P
One (1) per 46.5 square metres of floor area
Bulk Storage
C
C
Bus Depot
P
C
One (1) per 46.5 square metres of floor area
Car Wash
P
P
Two (2) spaces, plus requirements of section 3.9
College or University
P
P
One (1) per every Four (4) employees and One
(1) for every Four (4) students
Contractor's Establishment
P
C
One (1) per every 93.0 square metres of floor
area
Industrial Zones
City of Portage la Prairie Zoning By-law 21-8724
6-
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Table 6.2 Industrial Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING (a)
M1
M2
Crematorium
P
P
One (1) per every 37.2 square metres of floor
area, at the discretion of the Development Officer
Drive-Through Establishment
(see 8.11)
P
See section 3.9
Fleet Services
P
P
One (1) per 93.0 square metres not less than Two
(2)
Freight or Truck Yard
C
P
One (1) per every 93.0 square metres, at the
discretion of the Development Officer
Fuel Sales
P
P
One (1) per every 278.7 square metres of floor
area but not less than Two (2)
Government Services
P
P
One (1) per 23.2 square metres of floor area
Heavy Equipment Sales,
Service and Rental
P
P
One (1) per every 93.0 square metres of floor
area, at the discretion of the Development Officer
Hotel or Motel
C
One (1) per unit
Landscape/Garden
Contractor or Production
P
P
One (1) per every 93.0 square metres of floor
area, at the discretion of the Development Officer
Manufacturing, Heavy
C
P
One (1) every 93.0 square metres of floor area, at
the discretion of the Development Officer
Manufacturing, Light
P
P
One (1) every 93.0 square metres of floor area, at
the discretion of the Development Officer
Mini-Storage/Self-Storage
P
C
One (1) every 93.0 square metres of floor area
Park / Playground
P
P
Parking, Structure
P
P
Parking, Surface Lot
P
P
Personal Services
P
C
One (1) every 46.5 square metres floor area
Professional Services
P
C
One (1) every 46.5 square metres floor area
Protection and Emergency
Services
P
P
One (1) every 93.0 square metres of floor area but
not less than Two (2)
Public Utility
P
P
Radio / TV / Motion Picture
Studio
P
P
One (1) per every 46.5 square meter of floor area
Railway Yard
P
P
At the discretion of the Development Officer
Recycling Collection Depot
C
P
One (1) per 46.5 square metres of floor area
Research Institution
P
P
One (1) per every 93.0 square metres of floor
area, at the discretion of the Development Officer
Restaurant
C
C
One (1) space for every Four (4) seats or One (1)
per 23.2 square metres of floor area whichever is
greater
Shipping Container
(see 8.12)
C
C
Industrial Zones
City of Portage la Prairie Zoning By-law 21-8724
6-
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Table 6.2 Industrial Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING (a)
M1
M2
Sign
(see 8.15)
Towing and Storage Facility
P
P
One (1) per 46.5 square metres of floor area
Vehicle Repair and Service
P
P
One (1) per 46.5 square metres of floor area
Vehicle Sales and Rental
P
P
One (1) per every 93.0 square metres of floor
area but not less than Two (2)
Warehouse
P
P
One (1) per every 46.5 square metres of floor
area
Wholesaling
P
C
One (1) per every 93.0 square metres of floor
area
Table 6.2 Notes
(a)
Parking provisions must be in accordance with the standards and regulations
discussed in PART 3.7 of this By-law.
(b) The cultivation and processing of cannabis products is a conditional use.
Compliance of Uses
The operation of all uses shall also comply with the environmental and public health
standards of the Province of Manitoba. If the Development Officer, or otherwise designated
employee, believes a proposed use may conflict with these standards, the application shall
be referred to the appropriate department prior to the issuance of a development permit.
6.2 INDUSTRIAL ZONE STANDARDS & REGULATIONS
6.2.1 Multiple Buildings and Uses
a)
More than one (1) principal building may be located on one (1) parcel
provided that the yard requirements for each building are fulfilled without
overlap with other yards.
b)
A multiple-unit building shall be considered one (1) building for the purposes
of establishing yard requirements.
c)
A Planned Unit Development as approved by Council need not fulfill
subsection (a) and (b) above.
Industrial Zones
City of Portage la Prairie Zoning By-law 21-8724
6-
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6.2.2 Landscaping Standards
(1) The garbage collection area related to any industrial use shall be located
at the rear of the building and will be visually screened from the back lane
or any other thoroughfare.
(2) Landscaping is required in the "M1" Light Industrial Zone, and a landscape
plan must be submitted for consideration in any such development
application.
Landscaping refers to:
a)
Street frontages, except where there is access to driveways.
b)
Rear and side yards when an abutting parcel of land differs in use and/or
intensity.
c)
Parking and loading areas
d)
Building perimeters
6.2.3 Outside Operations
When outside storage of goods and materials is required:
a)
The storage shall not project above the height of the fence; and
b)
In the M2 zone, the total area of outside operations is not to exceed 75%
of the total site area;
Use Standards
City of Portage la Prairie Zoning By-law 21-8724
7-1
PART 7 OPEN
SPACE/RECREATION & LIMITED
AGRICULTURE ZONES
7.1 TYPE AND INTENT OF OPEN SPACE/RECREATION AND
LIMITED AGRICULTURE ZONES
The following zones, defined below, provide space for recreational, open space and
limited agriculture opportunities guided by the long term planning goals of Portage la
Prairie.
"OR" Open Space/Recreational Zone
This zone is intended to provide for the development of educational, institutional, public
recreational and public open space uses. Uses in this zone will contain active and passive
recreation uses and will promote environmental stewardship and healthy ecosystem
standards.
"AL" Limited Agriculture Zone
This zone is intended to preserve open land anticipated to be required for future urban
development. While the land is being held for development, only limited agriculture,
natural or open space uses will be considered.
Industrial Zones
City of Portage la Prairie Zoning By-law 21-8724
7-
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Table 7.1 Open Space/Recreation and Limited Agriculture Zone Site
Requirements
(1)
Sets forth the bulk requirements for uses in the Open Space/Recreation and Limited
Agriculture Zones.
Table 7.1 Open Space/Recreation and Limited Agriculture Zone
Site Requirements
Minimum Site Requirements
Maximum
Requirements
Site
Yard
Zones
Permitted
Conditional
Uses
Area
(sq. m)
Widt
h
(m)
Front
(m)
Side (m)
Rear
(m)
% Site Cover
Building
Height (m)
Interior
Corner
OR
Accessory
Building,
Structure or
Use (a)
15.2
1.5
4.6
3.0
3.0
Not to
exceed
height of
principle
building
"OR" Uses
1,858.1
30.5
9.1
4.6
4.6
6.1
9.1
AL
Accessory
Building,
Structure or
Use (a)
22.9
7.6
7.6
3.0
3.0
Not to
exceed
height of
principle
building
"AL"
Permitted
Uses
80,937.1
91.4
15.2
7.6
7.6
4.6
13.7
"AL"
Conditional
Uses
10,117.1
45.7
10.7
4.6
4.6
4.6
13.7
Table 7.1 Notes
a)
Detached accessory buildings shall be located a minimum of 3.0 metres from the
principal building on the site.
Industrial Zones
City of Portage la Prairie Zoning By-law 21-8724
7-
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Table 7.2 Open Space/Recreation and Limited Agriculture Land Use
Regulations and Parking
(1) Table 7.2 lists all uses that are:
a)
"P", Permitted; or
b)
"C", Conditional in the Open Space/Recreation and Limited Agriculture
Zones.
All listed uses are subject to the provisions contained herein.
(2) Table 7.2 provides parking requirements for all Permitted and Conditional
Uses in Open Space/Recreation and Limited Agriculture Zones. If the
parking reference space is left blank for a use, no parking requirements
are needed.
Table 7.2 Open Space/Recreation and Limited Agriculture
Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING (a)
OR
AL
Accessory Building, Structure
or Use
See 3.23 and Part 8
Agriculture, General
P
At the discretion of the Development Officer
Agricultural Processing
C
At the discretion of the Development Officer
Agriculture, Specialized
P
P
At the discretion of the Development Officer
Amusement Enterprise,
Indoor
P
C
One (1) per 93.0 square metres of floor area
Amusement Enterprise,
Outdoor
P
C
At the discretion of the Development Officer
Animal Hospital or Veterinary
Clinic
C
P
One (1) per 93.0 square metre of floor area
Animal, Kennel
C
P
At the discretion of the Development Officer
Animal Shelter
C
P
At the discretion of the Development Officer
Camping Grounds
C
C
At the discretion of the Development Officer
Cemetery/Mausoleum
P
C
At the discretion of the Development Officer
Community/Recreation
Center
C
One (1) per 46.5 square metres of floor area
Conservation Area
P
P
Dwelling, Single Family (c)
C(c)
One (1) per dwelling unit
Gallery/Museum
P
One (1) per every 93.0 square metres of floor
area but not less than Two (2)
Golf Course
P
C
At the discretion of the Development Officer
Industrial Zones
City of Portage la Prairie Zoning By-law 21-8724
7-
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Table 7.2 Open Space/Recreation and Limited Agriculture
Land Use Regulations and Parking
LAND USE
Permitted = P
Conditional = C
ZONES
PARKING (a)
OR
AL
Government Services
P
C
One (1) per 23.2 square metres of floor area
Health Institute/Hospital
C
.75 parking spaces per bed
Hotel or Motel
C(e)
One (1) per unit
Jail or Detention Centre
C
One (1) for every 46.5 square metres
Landscape/Garden
Contractor or Production
P
P
One (1) per every 93.0 square metres of floor
area, at the discretion of the Development
Officer
Library
P
One (1) per every 93.0 square metres of floor
area but not less than Two (2)
Park / Playground
P
P
Personal Care Home
C
.75 parking spaces per bed
Place of Worship
C
One (1) per Five (5) seats in the principal
seating area but no less than Ten (10) spaces
Protection and Emergency
Services
P
C
One (1) per every 93.0 square metres of floor
area but not less than Two (2)
Public Utility
P
P
Radio / TV / Motion Picture
Studio
C
C(d)
One (1) for each 46.5 square metres of floor
area
Recycling Collection Area
C
C
Restaurant
C(e)
One (1) space for every Four (4) seats or One
(1) per 23.2 square meters of gross floor area,
whichever is greater
Retail Sales
C(e)
One (1) per 46.5 square meters of floor area
School, Elementary or Junior
High (see 8.9)
P
C(b)
One (1) per classroom plus Ten (10) additional
spaces
School, Senior High
(see 8.10)
P
C(b)
Five (5) per classroom
Sign
(see 8.15)
Industrial Zones
City of Portage la Prairie Zoning By-law 21-8724
7-
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Table 7.2 Notes
a)
Parking provisions must be in accordance with the standards and regulations
discussed in PART 3.7 of this By-law.
b)
Shall be considered as a conditional use on land designated in the Development Plan
as 'Urban Agriculture Area'.
c)
Shall only be allowed on an existing parcel of land.
d)
This use shall not be allowed on land designated in the Development Plan as
"Agricultural Area'.
e)
Shall be considered as a conditional use when demonstrated to complement and
support an existing or planned recreation facility use on Island Park.
7.2
APPLICATION OF LIMITED AGRICULTURE
The primary intent of the Limited Agriculture zone is the preservation of areas of open
land with limited development. In areas designated in the Development Plan as
'Urban Agriculture', the application of the Limited Agriculture zone will encourage the
continued use of the land for limited agricultural and open space uses. In areas
designated in the Development Plan as 'Urban Hold', the application of the Limited
Agriculture zone will maintain large tracts of undeveloped land until they are ready to
be rezoned for urban development.
7.3
LIMITED AGRICULTURE ZONE PRINCIPLES AND GUIDELINES
In areas designated in the Development Plan as 'Urban Hold', the following planning
principles and development guidelines are designed to manage the conversion of
Limited Agriculture lands for future urban development and discourage premature
subdivision and development by:
(1)
providing for orderly transition of agricultural and open space lands to urban
uses in areas planned for urban development;
(2)
deferring urban development until the City and other public service bodies can
determine that adequate public facilities can be provided;
(3)
providing for the planned transition of agricultural and open space lands to
urban uses and integration with the development and servicing of adjoining
urban areas in a manner compatible with Development Plan Urban Policies;
and
(4)
providing opportunities for periodic review to determine the timing of when
Limited Agriculture lands should be re-zoned to another urban land use zone.
Industrial Zones
City of Portage la Prairie Zoning By-law 21-8724
7-
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7.3.1 Urban Expansion Development Strategy
In areas designated in the Development Plan as 'Urban Hold', land zoned Limited
Agriculture may only be considered for development following the submission of
an Urban Expansion Development Strategy that identifies the land use
components of future development. The Urban Expansion Development Strategy
requires:
a)
Completion of a Development Agreement to include the efficient extension
of transportation, water, waste-water, and land drainage services;
b)
Completion of subdivision process; and
c)
Approval of a map amendment to the City's Zoning By-law.
Use Standards
City of Portage la Prairie Zoning By-law 21-8724
8-1
PART 8 USE
STANDARDS
Regardless of whether a use is allowed as a permitted or conditional use, or as an accessory
use, and regardless of the zoning district in which the use is located, there may be additional
standards that are applicable to the use, and the use must comply with such standards,
except as authorized by this By-law or by a Conditional Use or Variance Order.
8.1 CHILDCARE, CENTRE
In addition to all standards applicable in the zone where the use is located, the
following standards apply to all childcare centres, as defined in PART 1:
(1)
Each childcare centre must provide a drop-off/pick-up area to ensure the
safety of persons and to ensure that vehicles dropping off or picking up do not
interfere with smooth traffic flow on adjacent public streets.
(2)
All childcare centres must comply with provincial licensing.
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8.2 CHILDCARE, HOME-BASED
In addition to the other requirements of this By-law, the following standards apply to
home-based childcare operations, as defined in PART 1:
(1)
A licensed, home-based childcare operation is permitted as an accessory use
within a dwelling unit or mobile home in accordance with provincial licensing;
(2)
An unlicensed, home-based childcare operation is permitted as an accessory
use within a dwelling unit or mobile home in accordance with the following
standards:
a)
Is carried on within a dwelling unit or mobile home in which the owner or
tenant resides;
b)
Is carried on solely by members of the household residing at the same
dwelling unit or mobile home (no employees allowed);
c)
Is limited to a maximum of four (4) children under the age of 12, including
the care giver's own children and other children living in the home;
d)
Provision of care for remuneration or rewards to a child apart from his or her
parents or guardians for a period in any one day exceeding three (3) hours
but not exceeding fourteen (14) hours.
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8.3 HOME OCCUPATION
In addition to the other requirements of this By-law, the following standards apply to
home occupations, as defined in PART 1:
(1)
A home occupation may be carried on in a dwelling unit or mobile home (or its
permitted accessory building).
(2)
The operators of the home occupation must be residents of the dwelling unit
or mobile home (no employees are allowed);
(3)
A home occupation must be accessory to the use of the dwelling unit or
mobile home and not exceed a maximum of 28 square metres;
(4)
There is no exterior storage of materials and no other exterior indication
(other than permitted signs) of the home occupation, or variation of the
residential character of the principal or accessory building except as provided
for herein;
(5)
It is not offensive or obnoxious or creates a nuisance and cause the emission
of odour, dust, smoke, noise, gas fumes, cinders, vibrations, refuse matter or
water carried waste at or beyond any site line;
(6)
It does not cause the generation of undue traffic and congestion in the
neighbourhood;
(7)
No retail sales use shall be permitted as a home occupation, except sales of a
finished article, as provided in 8.3 (8) below;
(8)
No manufacturing, assembly or repair process shall be carried on in connection
with the home occupation, except for the fabrication of handmade articles of
clothing, arts or crafts.
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8.4 BED AND BREAKFAST
In addition to the other requirements of this By-law, the following use standards
apply to all bed and breakfast establishments, as defined in PART 1:
(1)
Bed and Breakfast accommodation shall not interfere with the rights of other
residents to quiet enjoyment of a residential neighbourhood. Bed and Breakfast
accommodation shall be an incidental and subordinate use to the principal
residential use, and shall be restricted to the dwelling.
(2)
The residence must maintain the character (appearance) of the residential
zone in which it is located.
(3)
One unlit business sign, maximum 0.2 square meters is permitted. The words
"hotel" and "motel" are not permitted.
(4)
The Bed and Breakfast facilities are for exclusive use of guests and residents.
(5)
A maximum of 20% of the dwelling unit shall be devoted to guest room
accommodations, up to a maximum of 5 units.
(6)
Guest stays are limited to less than 7 days.
(7)
Meals shall be limited to occupants of the dwelling and resident guests, with no
cooking allowed in guest rooms. Catering to social functions is not permitted.
(8)
Approved smoke alarms are required as per Manitoba Building Code.
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8.5 MOBILE HOME AND MOBILE HOME PARK
8.5.1 Mobile Home
In addition to the other requirements of this By-law, the following standards
apply to mobile homes, as defined in PART 1:
(1)
All mobile homes shall meet structural standards as determined by
"Canadian Standards Association (CSA) Mobile Home Structural
Standards" contained within the Z240 Series and all revisions thereto.
(2)
Not more than one (1) mobile home shall be permitted on one (1)
registered space.
(3)
All mobile home units shall provide skirting around the base of the unit
that is of a manufactured or similar type to harmonize with the unit within
60 days of the placement of the unit in the stall.
(4)
The maximum site coverage of each mobile home unit shall be 40%.
(5)
The minimum dwelling unit floor area of each mobile home unit shall be
74.3 square metres.
(6)
All additions, porches, garages and accessory structures shall be of an
equivalent quality and appearance as the mobile home unit and shall
complement the exterior.
(7)
Accessory buildings or structures may be attached to the mobile home,
in which case the accessory structure shall be considered as being part
of the mobile home and the yard requirements for the mobile home shall
apply.
8.5.2 Mobile Home Park
In addition to all standards applicable in the zone where the use is located, the
following standards apply to Mobile Home Parks, as defined in PART 1:
(1)
Mobile Home Parks will require approval from City Council and are
required to submit a plan drawn to scale and fully dimensioned,
indicating:
a)
landscaping, access, roads, mobile home spaces, buffers, storage
compounds, refuse and garbage area, common recreational area,
retention of surface run-off and parking; and
b)
other information, as may be necessary to determine conformance
with this By-law.
(2)
A mobile home park shall:
a)
Contain a minimum area of 9,290 square metres and a minimum
frontage of 67 metres.
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b)
Contain a minimum of ten (10) mobile home spaces.
c)
Have a maximum density of ten (10) mobile home spaces per acre.
d)
Provide one unassigned parking space for every 5 mobile home
units.
e)
Contain a common recreational area of 55.7 square metres for each
ten (10) mobile home spaces or fraction thereof (buffers cannot be
considered as part of the recreational area).
f)
Have internal road right of ways a minimum of 12.2 metres in width
and surfaced with concrete or asphalt to a minimum roadway width
7.6 metres.
g)
Maintain a landscaped buffer a minimum of 6.1 metres in width free
and clear of all buildings and structures around the entire perimeter
of the mobile home (accesses to the mobile home park may cross
this buffer).
h)
Provide, for each mobile home space:
(i)
A sewer and water connection;
(ii)
An electrical service outlet;
(iii)
An adequate hard surface base support for the mobile home;
(iv)
Provide street lighting to the same standard as that in a
conventional residential neighbourhood, and
(v)
Provide a secure storage compound.
8.6 DWELLING, MULTIPLE FAMILY
In addition to the other requirements of this By-law, the following standards apply to
multi-family dwellings, as defined in PART 1:
(1)
Where there are more than ten (10) dwelling units in a multi-family dwelling, a
size of at least 10% of the lot area may be dedicated as open space.
(2)
Bicycle routes may be provided between public cycle lanes and on site parking
areas. Sites should be designed so as to respect the intersection of different forms
of transportation by avoiding or mitigating interaction between bicyclists/ motorists
and bicyclists/ pedestrians. Bicycle parking racks may also be required.
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(3)
Residential developments containing more than one principal building on a single
parcel of land may provide an unobstructed pathway or walkway between all
principal buildings for persons with disabilities. The width of such a walkway or
pathway will be no less than 0.9 metres.
(4)
When the proposed development is located adjacent to a zone with a lower
density residential use, the stepping down of building heights may be required
in order to satisfy an appropriate transition in density.
(5)
A development application is required for a multi-family dwelling in the "R3"
Zone. In addition to being in compliance with requirements (1) - (4) above,
plans drawn to scale shall accompany the development application showing
the following:
a)
The exact shape and dimensions of the zoning site to be built upon,
verified by an original surveyor's certificate, prepared by a Manitoba
Land Surveyor, indicating the location of any existing structures, and
where there is an existing structure on the adjoining site, the location of
the nearest wall of said structure;
b)
A site plan indicating the proposed building or buildings to be erected or
altered;
c)
The intended use of each building or part thereof, the number of storeys
and gross floor area;
d)
The location of entrance and loading points to existing and proposed
structures;
e)
The location of all curb cuts, driveways, parking areas, and loading
areas, and the method of illumination;
f)
The location and type of landscaping, walls, fences and screening;
g)
Typical floor plans and elevations of proposed buildings and structures;
h)
The number of dwelling units that a building is designed to
accommodate;
i)
The location of all outside facilities for waste disposal, and the location
of fire hydrants;
j)
All pedestrian walks and open areas for use by tenants or the public;
k)
The location, size, height and orientation of all signs other than flat signs
on building facades; and
l)
The type of ground surfacing to be used at various locations.
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8.7 SECONDARY SUITE
In addition to the other requirements of this By-law, the following use standards apply
to secondary suites, as defined in PART 1:
(1)
Shall comply with the Manitoba Building and Plumbing Codes.
(2)
Shall only be permitted on lots containing an owner occupied, single-family
dwelling as the principal use and which have a minimum site area of 464.5 sqm.
(3)
Not more than one secondary suite shall be permitted per site.
(4)
Shall be no larger than 40% of the gross floor area of the principle dwelling unit
or 75sqm (807 sq.ft.), whichever is less.
(5)
Shall have a floor area of no less than 37.5 sqm (403 sqft).
(6)
Shall contain its own access, kitchen, bathroom and a maximum of two (2)
bedrooms.
(7)
In addition to required parking for the principle use, one (1) additional parking
space dedicated for the secondary suite shall be provided.
(8)
Where an attached secondary suite has an exterior entrance that is separate
from the principle dwelling, the entrance shall only be located on a side or rear
wall of the principle dwelling. No separate, street-facing entrance is allowed,
unless the existing principle dwelling contains an additional street-facing
entrance prior to secondary suite creation.
(9)
A secondary suite above a detached garage is allowed only if the secondary
suite has a separate entrance other than the vehicle entrance.
(10)
When a secondary suite is proposed to be located above a detached garage,
the garage shall only be located equal to or greater than the minimum front
yard setback for the zone it is in.
(11)
Where a secondary suite is proposed to be located above a detached garage,
the minimum rear yard shall be 1.5m, side yard shall be 1.5m on an interior
yard and 3.6m on a corner lot and 3m from the principle dwelling.
(12)
Secondary suites shall not be separated from the principle dwelling through a
subdivision.
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8.8 PRIVATE SWIMMING POOLS AND HOT TUBS
In addition to the other requirements of this By-law, the following standards apply to
private and semi-private swimming pools, hot tubs and similar structures, when
accessory to a residential use and a minimum depth of .6m:
(1)
Outdoor pools and hot tubs shall comply with yard requirements for accessory
buildings and uses as set forth in the applicable Bulk Table for the zone which
it is located. In no case shall an outdoor pool or hot tub be located closer than
1.5 metres to any side or rear site line.
(2)
All outdoor pools and hot tubs shall be completely enclosed with a vertical
board fence, with no horizontal or diagonal supports that would facilitate
climbing, or a chain link fence not less than No. 12 gauge galvanized steel wire,
or a minimum No. 14 gauge steel wire covered with a vinyl or other approved
coating forming a total thickness equivalent to No. 12 gauge galvanized wire,
with a mesh not greater than 50 mm or other suitable barrier, excluding barbed
wire or wire having similar dangerous characteristics or device for projecting an
electric current through the fence, constructed or erected in accordance with
the following:
a)
it shall have a minimum height of 1.8 metres and a maximum height of
2.4 metres, including gates, which shall be self-closing and equipped
with a lockable latch to prevent unauthorized entry;
b)
there shall be no openings other than an entry to a building or a gate
and it shall be constructed so as to prevent a child from crawling under
either the fence or gate;
c)
the enclosure surrounding an outdoor pool shall be maintained in good
repair;
(3)
Notwithstanding the provisions of the applicable Bulk Table, open decks and
open stairways associated with outdoor pools or hot tubs may project into the
required side or rear yards not more than 0.6 metres, providing the pool is at
least 1.8 metres from the main building.
(4)
Nothing in this Section shall relieve any such structure from complying with
spatial, structural, electrical, plumbing, health and safety or operational
requirements contained in regulations under The Building and Mobile Homes
Act, Public Health Act or other applicable statutes.
(5)
Hot buts are exempt from subsection 8.11 (3) above as long as they comply
with the Manitoba Building Code.
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8.9 SCHOOL, ELEMENTARY OR JUNIOR HIGH
In addition to the other requirements of this By-law, each elementary or junior high
school must provide enough stacking spaces for the loading and unloading of
passengers to accommodate three (3) school buses and five (5) passenger vehicles.
Such stacking spaces may be located within the required front yard.
8.10 SCHOOL, SENIOR HIGH
In addition to the other requirements of this By-law, each senior high school must
provide enough stacking space for the loading and unloading of passengers to
accommodate three (3) school buses and three (3) passenger vehicles. Such
stacking spaces may be located within the required front yard.
8.11 DRIVE-THROUGH ESTABLISHMENT
In addition to the other requirements of this By-law, a drive through establishment,
as defined in PART 1, may be permitted as an accessory use in accordance with all
the standards applicable in the zone where the principal use is located, as well as
the following standards:
(1)
Existing parking or loading stalls or drive aisles must not be utilized as part of
a drive-through lane.
(2)
No drive-through use may be located on a lot or site adjacent to a lot
containing a residential use unless the drive-through facility is separated from
the residential use by an intervening building, public lane, or public street.
(3)
No portion of a drive-through use may be located in a required front yard.
(4)
Drive-through uses shall comply with the stacking space requirements in
Section 3.9:
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8.12 SHIPPING CONTAINER
In addition to the other requirements of this By-law the following standards apply to
the storage or use of shipping containers, as defined in PART 1:
(1)
Shipping containers shall be prohibited in all districts except the C2, C3, M1
and M2 zones.
(2)
Shipping containers shall be properly anchored and maintained in good
repair.
(3)
Shipping containers shall be appropriately screened from view from all
Residential zones.
(4)
Shipping containers shall be located in the side or rear yard only. They shall
not project beyond the building front line of the principle building.
(5)
Shipping containers shall be prohibited for use as human habitation.
(6)
Shipping containers shall not block, obstruct, or reduce exits, windows,
parking spaces, or driveways.
(7)
Notwithstanding subsection (1), shipping containers may be temporarily
placed on a site in any zone:
a)
During active construction on a site where the shipping container is used
solely for the storage of supplies and equipment that are used for
construction operations on site, provided that a valid building permit has
been issued for construction, and provided that the shipping container is
removed from the site upon completion of construction; or,
b)
For the purpose of loading and unloading of items associated with the
principal use for a period of not more than ten (10) days in any six (6)
month period. The Development Officer may grant one extension of up
to ten (10) days for large-scale projects.
c)
A shipping container having a maximum, height of 3m and a maximum
length of 6m shall be permitted.
(8)
When placed on a site pursuant to subsection 8.12 (7), the shipping
containers shall:
a)
Be located so as not to create a safety hazard;
b)
Not be placed on a public right-of-way or dedicated lands, and
c)
Not be located within 1.2 metres of the interior edge of a sidewalk.
(9)
The maximum number of shipping containers may be four (4) per property.
(10)
Shipping containers shall not be stacked.
(11)
No shipping containers may exceed 3 metres in height, 2.5 metres in width
and 15.25 metres in length.
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8.13 PRIVATE COMMUNICATIONS FACILITIES
A private communications facility may be allowed as an 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:
(1)
A private communications facility is not subject to the height requirements for
accessory structures;
(2)
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 AL and RR zones;
(3)
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;
(4)
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 the AL or RR Zones, the
weight (including all support apparatus) shall not exceed 35 kilograms.
8.14 RENEWABLE ENERGY GENERATING SYSTEMS
In addition to the other requirements of this By-law, small wind energy generating
systems and solar collectors shall be allowed in all zones where structures of any
sort are allowed, subject to certain requirements as set forth below:
8.14.1 Small Wind Energy Generating Systems
(1) Wind Turbine Tower Height: For free-standing towers, there shall be
no specific height limitation, so long as the total extended height meets
sound and set-back requirements, Air Traffic Safety Regulations and
does not exceed height recommendations of the manufacturer. For
roof-mounted towers, the maximum height shall be no more than 4.5
meters above the roof or top of the parapet, whichever is greater.
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(2) Set-back: For freestanding towers, the turbine base shall be no closer
to the property line than one and a half times (1.5) the height of the
wind turbine tower, and no part of the wind system structure, including
guy wire anchors, may extend closer than three (3) m (10 ft) to the
property boundaries of the installation site. Additionally, the outer and
innermost guy wires must be marked and clearly visible to a height of 2
m (6 ft) above the guy wire anchors. Council may waive setback
requirements from adjacent properties if such adjacent property owner
agrees to grant an easement binding on the current and future owners.
For roof-mounted towers, the setback shall be a minimum of 6 meters
from the front building line, or in the case of corner sites, at least 4.5
meters from the front and side building line.
(3) Sound: The mean value of the sound pressure level from small wind
energy generating systems shall not exceed more than 6 decibels
(dBA) above background sound, as measured at the exterior of the
closest neighbouring inhabited dwelling (at the time of installation or
during operation), for wind speeds below 22 mph (10 m/s) and except
during short-term events such as utility outages and/or severe wind
storms. Applicants may apply for exemptions from this requirement
with written authorization from the pertinent building owner(s) and
tenants, if applicable.
(4) Soil Studies: For standard soil conditions (not including gravel, sand,
or muck), foundations developed by the wind turbine manufacturer
shall be acceptable for turbine installations of 20kW or less and will not
require project-specific soils studies or an engineer's wet stamp.
(5) Signage: All signs, other than the manufacturer's or installer's
identification, appropriate warning signs, or owner identification on a
wind generator, tower, building, or other structure associated with a
small wind energy system visible from any public road shall be
prohibited.
(6) Access: Any climbing foot pegs or rungs below 12 feet of a
freestanding tower shall be removed to prevent unauthorized climbing.
For lattice or guyed towers, sheets of metal or wood may be fastened
to the bottom tower section such that it cannot readily be climbed.
(7) Insurance: Additional insurance beyond homeowners' coverage shall
not be required.
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(8) Compliance with International Building Code: Building permit
applications for freestanding small wind energy generating systems
shall be accompanied by standard drawings of the wind turbine
structure, including the tower, base, and footings, anchoring method
and drawn to scale. An engineering analysis of the wind turbine tower
showing compliance with the International Building Code and certified
by a licensed professional mechanical, structural, or civil engineer shall
also be submitted. Documentation of this analysis supplied by the
manufacturer shall be accepted. Wet stamps shall not be required.
Roof-mounted small wind energy generating systems shall be safely
and securely attached to the rooftop in compliance with the
National/Provincial Building Codes and manufacturer's
recommendations.
(9) Compliance with Air Traffic Safety Regulations: Small wind energy
generating systems must comply with applicable air traffic safety
regulations. A statement on compliance by the applicant is sufficient.
Transport Canada must be notified of the location (latitude and
longitude) and height of all wind turbine installations through the
aeronautical clearance application process. Small wind turbine towers
shall not be artificially lighted except as required by Navigation
Canada.
(10) Compliance with Existing Electric Codes: Building permit
applications for small wind energy systems shall be accompanied by a
line drawing of the electrical components in sufficient detail to allow for
a determination that the manner of installation conforms to existing
electrical codes, if applicable. This information frequently is supplied by
the manufacturer.
(11) Utility Notification: No small wind energy system shall be grid inter-
tied until evidence has been given that the utility company has been
informed of the customer's intent to install an interconnected customer-
owned generator. A copy of a letter to the applicant's utility is sufficient.
No response or evidence of approval from the utility is required. Off-
grid systems and grid-tied systems that are not capable of feeding onto
the grid with advanced control grid fault protection and disconnect
switches covered under the electrical code shall be exempt from this
requirement.
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(12) Abandonment: If a wind turbine is inoperable for six consecutive
months the owner shall be notified that they must, within six months of
receiving the notice, restore their system to operating condition. If the
owner(s) fails to restore their system to operating condition within the
six-month time frame, then the owner shall be required, at his expense,
to remove the wind turbine from the tower for safety reasons. The
tower then would be subject to the Public Nuisance provisions of the
municipality's by-laws.
If the proposed small wind energy generating system meets the above
criteria, Council shall approve an application for the small wind energy
generating system by right without a public hearing. For those
proposed small wind energy generating systems that do not meet the
above criteria, a zoning variance will be required.
8.14.2 Solar Collectors
(1) A roof or wall-mounted solar collector (total square footage) shall not
exceed that of the principal structure.
(2) A solar collector mounted on a roof with a pitch of less than a 4:12,
may project a maximum of 2.0 metres from the surface of the roof.
(3) A solar collector mounted on a roof with a pitch of 4:12 or greater:
a)
may project a maximum of 1.3 metres from the surface of the
roof; and
b)
must not extend beyond the outermost edge of the roof.
(4) A solar collector that is mounted on a wall:
a)
must be located a minimum of 2.4 metres above grade; and
b)
may project a maximum of 0.6 metres from the surface of that
wall.
(5) Any solar collector not connected to a building shall adhere to the
same setbacks and height restrictions for accessory buildings in the
zone in which the installation is situated.
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(6) In the residential zones no owner, occupier or person in control of
property shall allow vegetation or structures to be placed or planted so
as to cast a shadow on a solar collector which is greater than the
shadow cast by a hypothetical wall ten (10) feet high located along the
boundary line of said property between the hours of 9:30 a.m. and 2:30
p.m. Central Standard Time on December 21st provided, however, this
standard shall not apply to vegetation or structures which cast a
shadow upon the solar collector at the time of installation of said solar
collector or to vegetation existing at the time of installation of said solar
collector. Violation of this standard shall constitute a private nuisance,
and any owner or occupant whose solar collector is shaded because of
such violation, so that performance of the system is impaired, may
have in tort for the damages sustained thereby and may have such
nuisance abated.
(7) As a means of evidencing existing conditions, the owner of a solar
collector may file notarized photographs of the effected area with the
Development Officer prior to installation of said collector.
8.15 SIGNS
8.15.1 General Signage Standards
(1) No signs or sign structures 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, or any highway or street intersection or
railroad grade crossing.
(2) 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 purposes.
(3) Reader Board signs and other flashing signs may be allowed as
Conditional Uses in any Commercial, Industrial and Public, Open Space
Zone. In any event, no flashing sign shall be permitted within 91.5 metres
of any residential zone.
(4) In areas adjacent to residential boundaries, free-standing signs shall not
obstruct the light to or view from a window of a habitable room.
(5) All signs which, in the opinion of Development Officer, may create an
unsafe or dangerous condition for the passage of vehicles or pedestrians
shall have a minimum vertical clearance of 2.4 metres above grade.
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(6) All signs and sign structures shall be kept in repair and in a 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 despite a formal issuance by the City of Portage la
Prairie to do so, may be removed by the city at the owner's expense after
a period of thirty (30) days.
(7) No sign or portion thereof shall extend beyond the limits of the site on
which it is located.
(8) No sign shall be placed on, encroach or overhang any municipal road
allowance except by the agreement with the City of Portage la Prairie.
(9) The placing of advertising, business or identification signs within the
control lines and circles of a Provincial Road or Provincial Trunk Highway
shall require a permit from the appropriate authority.
(10) Mobile signs shall:
a)
not be permitted on public property unless otherwise approved by
the City of Portage la Prairie or its agents.
b)
not be located within 3.0 metres measured from the nearest part of
any exit, entrance, driveway or corner of property site lines.
c)
be a minimum distance of 6.0 metres from any other mobile signs
at all times.
d)
Require A mobile sign permit, issued by the Portage la Prairie
Planning District, before placing of any mobile sign.
(11) Sandwich Board Signs may be placed on City Sidewalks as follows:
a)
shall be permitted on sidewalks only, adjacent to the curb;
b)
at an intersecting street, shall be located a minimum of five (5)
metres from the intersection;
d)
shall not be located in such a manner as to interfere with the
movement of pedestrian traffic;
e)
shall be weighted at the bottom to prevent the wind from blowing
them over;
f)
shall not be secured to parking meter posts or interfere with a
motorist's access to the parking meter;
g)
shall not interfere with the visibility of any traffic regulatory sign;
h)
may be constructed of wood, metal or plastic;
i)
shall be maintained to an acceptable standard at all times.
Any non-conforming sandwich board signs will be removed.
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8.15.2 Exceptions
The following signs shall not be subject to the provisions of this By-law except
as otherwise stated herein:
(1) Signs of a duly constituted government department including traffic signs
and control devices, parking area and directional signs, legal notices,
danger and emergency signs, and;
(2) Flags or emblems of a political, civic, educational or religious organization.
(3) Temporary signs as may be authorized by Council.
(4) "No Trespassing" or identification signs not exceeding 0.3 square metres.
(5) Construction signs when placed on construction sites and not exceeding
2.3 square metres.
(6) Signs required for direction and convenience of the public including signs
which identify rest rooms or parking entrance or exit, not exceeding 0.5
square metres in area.
(7) Real estate signs not exceeding 0.9 square metres which advertise the
sale, rental or lease of a building, structure, site, or part thereof.
(8) Signs required by law, governmental order or regulation.
(9) Commemorative or memorial signs or tablets.
(10) Community Group Signs, as allowed per City of Portage la Prairie Policy.
8.15.3 Signage Maximums
(1) Commercial and Industrial Zones: A maximum of two (2) signs per
business. Where the development is a multi-tenant building, one (1)
additional sign is permitted for each business.
(2) Open Space/Recreation and Limited Agriculture Zones: A maximum
of two (2) signs per business or address.
(3) Residential Zones: A maximum of one (1) sign per residential use, plus
one (1) additional sign for a permitted home occupation. A maximum of
(2) signs for permitted non-residential uses.
8.15.4 Signage Specifications
Signage shall be permitted as accessory to permitted and conditional uses
in accordance with the specifications outline in Table 8-1:
Industrial Zones
City of Portage la Prairie Zoning By-law 21-8724
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Table 8-1: Signage Specifications
SIGN TYPE
SPECIFICATIONS
ZONES
PERMITTED
Facia/Wall (Small)
Max. Surface Area: 0.2 square meters
Max. Height: Height of wall mounted on
All Zones
Facia/Wall (Large)
Max. Surface Area: 25% of building face, except
in AL and OR zones the max. is 38 square
meters.
Max. Height: Height of wall mounted on
OR, AL, M1, M2, C1,
C2, C3, C4
Bulletin Board
Max. Surface Area: 0.5 square meters
Max. Depth: 12 cm
Min. Clearance: 1.2 meters
All Zones
Industrial Zones
City of Portage la Prairie Zoning By-law 21-8724
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SIGN TYPE
SPECIFICATIONS
ZONES
PERMITTED
Freestanding (small)
Max. Surface Area: 0.5 square meters per side
Max. Height: 2.4 meters above the ground
R3, C1, C2, C3, C4,
M1, M2, OR, AL
Freestanding (large)
Max. Surface Area: 23.22 square meters, except
in the C4 zone, the max. is 30.0 square meters
per side, exclusive of structures holding the sign.
Max. Height: 7.5 meters above the ground in C1-
C3 zones; 13.7 meters in C4, M1 and M2 zones
Min. Clearance: 2.4 meters below sign face
M1, M2, C1, C2, C3,
C4
Mobile
Max. Quantity: 1 per site, or a max. of 3 where
there are 3 or more uses on the same site.
Max. Surface Area: 3.0 square meters
Not to exceed 90 consecutive days on the same
site. No mobile sign shall be permitted thereafter
until 30 consecutive days has expired.
Conditions: See subsection 8.15.1 (10)
C1, C2, C3, C4, M1,
M2, OR, AL
Table 8-1 Notes:
a)
All signs shall be setback a minimum of 1.5 meters from property lines
b)
When located on corner sites, there may be one (1) facia/wall business sign per street-facing wall
Appendix
City of Portage la Prairie Zoning By-law No. 21-8724
8-1
APPENDIX - ZONING MAPS
This By-law contains seven Zoning Maps