Rural Municipality of Riding Mountain West, Manitoba
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Tri-Roads Planning District
Zoning By-Law
Prepared for: The Tri-Roads Planning District | Prepared by: Richard + Wintrup
February 2019
By-Law No. 18/02/2018
Tri-Roads Planning District Zoning By-law No. 18/02/2018
A by-law of the Tri-Roads Planning District to regulate the use and development of land within the
Planning Area of the Tri-Roads Planning District.
WHEREAS, Section 69 of The Planning Act allows a planning district to adopt a zoning by-law that
applies to the entire district if the council of every municipality in the district passes a resolution in
favour of a district-wide zoning bylaw.
AND WHEREAS, under Part 5 of The Planning Act, the Rural Municipality of Riding Mountain
West and the Municipality of Russell-Binscarth have, by resolution, confirmed their support for a
district-wide zoning bylaw;
NOW THEREFORE BE IT RESOLVED THAT the Tri Roads Planning District Board in meeting duly
assembled, enacts a follows:
1. The Zoning By-law No. 18/02/2018 attached in Schedules A, and B is hereby adopted.
2. The By-law shall be known as the TRI-ROADS PLANNING DISTRICT ZONING BY-LAW.
3. By-laws 1443 Town of Russell, By-law No. 1224 RM of Russell, By-law No. 551-03 Village of
Binscarth, No. 0307 RM of Shellmouth-Boulton and No. 2004-07 RM of Silver Creek: as amended,
are repealed.
4. This By-law shall come into force on [this date].
DONE AND PASSED by the Tri Roads Planning District Board duly assembled at the [Name of
Location] in the Province of Manitoba, this [Date] of [Month], [Year].
Signature(s)
READ A FIRST TIME this [Date] day of [Month], [Year].
READ A SECOND TIME this [Date] day of [Month], [Year].
READ A THIRD TIME this [Date] day of [Month], [Year].
Table of Content
1.0 Scope and Applicability
11
1.1 Title
11
1.2 Scope
11
1.3 Application
11
1.4 Compliance
12
1.5 Transition From Previous By-law
13
2.0 Zoning Regulations:
14
2.1 Access and Frontage
14
2.2 Water and Wastewater Infrastructure Connections
15
2.3 Moving and Demolition Structures
16
2.4 Excavation, Stripping, and Grading
16
2.5 Lands Subject to Flooding
17
2.6 Lands Subject to Erosion or Bank Instability
17
2.7 Setbacks Along Water Bodies
17
2.8 Standards for Cottages
19
2.9 Standards for Campgrounds or RV Parks
19
2.10 Setbacks from Provincial Trunk Highways and Roads
20
2.11 Setbacks from Public Services
20
2.12 Setbacks from Airports
21
2.13 Setbacks from Railways
21
2.14 Setbacks from Pipelines, Transportation, and
Transmission Lines
21
2.15 Setbacks Reduced by Subdivision
22
2.16 Setbacks for Condominium and Consolidated
Lot Developments
22
2.17 Setbacks for Infill Dwellings
22
2.18 Setbacks for Corner Lots
23
2.19 Setbacks for Through Lots
25
2.20 Setbacks for Flag Lots
26
2.21 Setbacks for Commercial or Industrial near
Residential Land-Uses
26
2.22 Permitted Projections into Setbacks
27
2.23 Permitted in Front and Rear but Not Side Yards
31
2.24 Permitted Projections Above the Height Limit
31
2.25 Temporary Buildings, Structures, and Uses
32
2.26 Cover-All Buildings and Fabric Buildings
35
2.27 Shipping Containers
35
2.28 Accessory Buildings, Structures and Uses
36
2.29 Garages and Carports
38
2.30 Home Enterprises
40
2.31 Fences And Hedges
44
2.32 Decks, Patios, Balconies, Patio Covers, Sunrooms,
Screen Enclosures
46
2.33 Pools And Hot Tubs
46
2.34 Outdoor Fire Pit, Wood Burning Stove, or Barbecue
47
2.35 Garbage And Recycling Storage Areas
48
2.36 Lighting
48
2.37 Prohibited Lighting
49
2.38 Apiculture (Beekeeping)
49
2.39 Livestock
50
3.0 Parking, Loading, and Signage
56
3.1 Minimum Parking Requirements
56
3.2 Parking Reductions
57
3.3 Parking Stall Widths and Lengths; and Aisle Specifications
59
3.4 Parking and Storage of Boats, Recreational Vehicles and Trailers 63
3.5 Parking and Storage of Large Vehicles in Residential Zones
63
3.6 Parking and Storage of Unlicensed Motor Vehicles
64
3.7 Parking Standards for Residential Zones
64
3.8 Parking Standards for Single and Semi-detached, Duplex,
Triplex and Quadplex Dwellings
66
3.9 Parking Standards for Non-Residential Zones
66
3.10 Outside Vehicle Display Areas
66
3.11 Outside Storage
67
3.12 Outside Storage of Hazardous Uses [Dangerous Goods]
68
3.13 Loading Space Requirements
69
3.14 Surfacing of Parking and Loading Areas
70
3.15 Drive-Through Facility
70
3.16 Signage Regulations
71
4.0 Provisions for Infill Residential Housing
79
4.1 Accessory Dwelling Units
79
4.2 Conversion of Residential Buildings
82
4.3 Dwellings on Corner Lots
82
4.4 Rooming and Boarding Houses
83
4.5 Community Care Facilities
84
4.6 Flag Lots
84
4.7 Splitting Attached Dwellings on to Separate Lots
86
4.8 Bungalow Clusters
88
4.9 Bungalow Courts
89
4.10 Dwelling Unit, Live Work
90
4.11 Dwelling Units, Commercial Zones
90
4.12 Dwelling Units, Industrial and Institutional Zones
91
4.13 Dwelling Units, Agriculture Enterprise Zones
92
4.14 Mobile Homes and Mobile Units
92
4.15 Not Considered Dwelling Unit
93
5.0 Zoning Lands and Land-Uses
94
5.1 Classification of Uses
94
5.2 Land-Use Lexicon: Uses of Land Defined
94
6.0 Zoning Districts
115
6.1 Establishing Zones for Land-Uses
115
6.2 Allowable Uses: Permitted and Conditional
116
6.3 Bulk Regulations
116
6.4 Planned Development Overlay Districts
116
6.5 Agriculture Operations - AO
119
6.6 Agriculture Enterprises - AE
121
6.7 Open Space Zone - OS
123
6.9 Institutional Zone - IN
125
6.10 Tourist Recreation Cottage Zone - TRC
128
6.11 Tourist Recreation Accommodations Zone - TRA
129
6.12 Tourist Recreation Mixed Use Zone - TRM
132
6.13 Rural Residential Zone - RR
136
6.14 Residential - First Density Zone - R1
138
6.15 Residential - Second Density Zone - R2
141
6.16 Residential - Third Density Zone - R3
145
6.17 Commercial Main Street Zone - CM
148
6.18 Commercial Highway Zone - CH
134
6.19 Light Industrial Zone - EL
138
6.20 Airport Industrial Zone - EA
140
6.21 Heavy Industrial Zone - EH
142
Schedule B Tri-Roads Planning District Zoning By-law No.
18/02/2018 Zoning Maps
146
List of Figures
Figure 1: Determined Front Yard Setbacks for Infill Dwellings
23
Figure 2: Determined Front Yard Setbacks for Infill Dwellings
24
Figure 3: Corner Lot Sight Triangles
25
Figure 4: Flag Lot Setbacks
26
Figure 5: Example Projections into Required Yards (Permitted and Not Permitted)
31
Figure 6: Typical Deck Elevation Plan
46
Figure 7: Parking Stall and Aisle Way Dimensions, Angled
60
Figure 8: Parking Stall and Aisle Way Dimensions, Parallel
61
Figure 9: Parking Stall and Aisle Way Dimensions, 90
0
61
Figure 10: Accessible Parking Stall and Walk Aisleway Dimensions
62
Figure 11: Splitting Semi-detached Dwellings On To Separate Lots
87
Figure 12: Splitting Multiple Attached Dwellings On To Separate Lots
87
Figure 13: Bungalow Cluster
88
Figure 14: Bungalow Court
90
List of Tables
Table 1: Permitted Projections into Required Setbacks
29
Table 2: Recommended Maximum Density Of Bee Colonies
50
Table 3: Animal Units by Category of Livestock
54
Table 4: Minimum Separation Distances for Siting Livestock Operations
55
Table 5: Required Parking Stalls
56
Table 6: Parking Stall Widths and Lengths; and Aisle Specifications
60
Table 7: Parking Stall Widths and Lengths; and Aisle Specifications
62
Table 8: Required Loading Spaces
69
Table 9: Required Loading Spaces
71
Table 10: District Specific Sign Regulations
76
Table 11: Zoning Districts
115
Table 12: AO Land Use
119
Table 13: AE Land Use
121
Table 14: OS Land Use
123
Table 15: IN Land Use
125
Table 16: TRC Land Use
128
Table 17: TRA Land Use
129
Table 18: TRM Land Use
132
Table 19: RR Land Use
136
Table 20: R1 Land Use
138
Table 21: R2 Land Use
141
Table 22: R3 Land Use
145
Table 23: CM Land Use
148
Table 24: CH Land Use
134
Table 25: EL Land Use
138
Table 26: EA Land Use
140
Table 27: EH Land Use
143
List of Amendments
This is the Tri-Roads Planning District Zoning By-law No. 18/02/2018 as amended, and prepared for
the purpose of convenience only. For accurate reference, the original of this by-law and any other
Tri-Roads Planning District by-law should be consulted. Copies of original Tri-Roads Planning District
by-laws are available at offices of the Tri-Roads Planning District.
The following table lists all of the amending by-laws to the Tri-Roads Planning District Zoning By-law,
by by-law number, in ascending numerical order, beginning with the adoption of this By-law. This list is
updated on a regular basis.
By-Law No.
File No.
Affected Site/Provisions
Adoption Date
18/02/2018
Tri Roads Planning District
Zoning By-law
Tri-Roads Planning District Zoning By-law amended by:
1.0 Scope and Applicability
Tri-Roads Planning District Zoning By-law 18/02/2018
11
1.0 Scope and Applicability
1.1
Title
This by-law shall be known as the Tri-Roads Planning District Zoning By-law and
may be cited by its long title (Tri-Roads Planning District Zoning By-law), its short
title ("Zoning By-law" or "ZBL", or its by-law number ("By-law No. 18/02/2018"), and
any such citation is to be taken as meaning this by-law as amended.
1.2
Scope
1.2.1
This By-law shall apply to all the lands in the Tri-Roads Planning District as
indicated on Map 1 of Schedule B of this By-law.
1.2.2
This By-law does not apply within public roads, public lanes, public paths
or pathways, or public walks opened as legal rights-of-ways within a zoning
district.
1.2.3
This By-law does not apply to the construction, maintenance, or operation
of public service works within a public utility right-of-way.
1.2.4
This By-law does not apply to lands and resources that fall under the
purview of the Crown; Provincial Parks designated by the Legislative
Assembly of Manitoba; Manitoba Hydro works as defined under The
Manitoba Hydro Act; National Parks designated by Parliament; Railway
activities and railway lands operated by a railway company under the
legislative authority of Parliament; Pipelines as defined in The National
Energy Board Act R.S.C.,1985, c. N-7; First Nations' reserve lands as
designated by Parliament; Radiocommunication and Broadcasting Antenna
Systems regulated under The Radiocommunication Act (R.S.C.,1985, c.R-2).
1.3
Application
1.3.1
This by-law implements the planning policies of the Tri-Roads Forward
Development Plan By-law No. 18/01/2018 (Development Plan).
1.3.2
This by-law regulates:
a.
The construction, erection, or placement of buildings, structures,
and mobile or modular homes.
b.
The enlargement, alteration, or conversion of buildings and
structures.
c.
The establishment, change, extension, and enlargement of
uses of sites, buildings, and structures.
d.
The procedures for Development Applications including
Development Permits: the system for reviewing and issuing local
development approvals that give landowners permission to
undertake a specific development or to use a specific parcel of
land.
1.0 Scope and Applicability
12
Tri-Roads Planning District Zoning By-law 18/02/2018
1.4
Compliance
USE AND DEVELOPMENT OF LAND AND BUILDINGS MUST COMPLY
1.4.1
No land, building, or structure shall be used or occupied, and no building
or structure shall be used, occupied, constructed, erected, altered,
enlarged, relocated, removed, demolished, or placed except in accordance
with this Zoning By-law.
1.4.2
No development or use of land or a building may take place or be
maintained except in conformity with this By-law and with any development
agreement, variance, conditional use approval, condition or permit issued
under this By-law.
1.4.3
The duty to comply with this By-law is imposed on the owner of a parcel or
a building and on any person who has charge or control of the parcel or
building, whether as lessee, tenant, occupier, agent or otherwise.
1.4.4
The approval of a development application, the issuance of a development
permit, the approval of drawings and specifications, or completion of
inspections does not relieve a person from the responsibility to comply
with this By-law or any other by-law.
1.4.5
Buildings, structures, and uses which were lawfully in existence before this
By-law, or before an amendment to it came into effect, may continue to
exist in accordance with the provisions of The Planning Act.
RESTRICTIONS IN OTHER BY-LAWS OR FEDERAL AND PROVINCIAL LAWS
1.4.6
Whenever a provision of another by-law, or an agreement with the
Municipality or the District, or a law or regulation of the Provincial or
Federal Governments, contains a restriction governing the same subject
matter contained in this By-law, or imposes contradictory regulations with
respect to uses, buildings, or structures, the most restrictive or highest
standard shall prevail.
1.4.7
Nothing in this By-law shall exempt any person from complying with the
requirements or from obtaining any license, permission, permit, authority,
or approval required by this By-law or any other by-law of the municipality
or any law of Canada or the Province of Manitoba. Where requirements in
this By-law are in conflict with those of other municipal, provincial, or
federal requirements, the more stringent regulations shall prevail.
1.4.8
A declaration by a court of competent jurisdiction that a section, clause or
provision of this Zoning By-law, including anything shown on the Zoning
Map is invalid, shall not affect the validity of the By-law or any part of the
By-law other than the section, clause, or provision, or part of the Zoning
Map declared to be invalid.
1.0 Scope and Applicability
Tri-Roads Planning District Zoning By-law 18/02/2018
13
1.5
Transition From Previous By-law
1.5.1
Zoning By-Law Transitions
(1)
Development permits for buildings or structures that were in compliance
with the previous zoning by-law prior to the effective date of this Zoning
By-law shall be permitted if acted upon within 12 months of issuance.
(2)
The adoption of this By-law shall not prevent any actions to abate, nor
pending or future prosecution of, violations under the former zoning by-
law, provided said violations are also violations of this By-law.
(3)
A Variance Order or Conditional Use Order issued more than two years
and one day prior to the effective date of this By-law is hereby repealed
unless the order contains one or more conditions that remain in effect.
(4)
Any use of land or a building lawfully in existence under applicable laws,
plus a Variance or Conditional Use Order or both, upon enactment of
this By-law and repeal of that order or orders shall be deemed to
comply with this By-law to the extent and for the period of time
authorized by such order(s).
(5)
Any use lawfully in existence prior to this By-law, which did not require a
Conditional Use Order prior to this By-law, but that would require a
Conditional Use Order to comply with this By-law, shall be deemed to
have a Conditional Use Order sufficient to create compliance with this
By-law provided that no addition, enlargement or expansion is
approved as a Conditional Use under this By-law.
(6)
A development for which final approval was granted prior to the
effective date of this Zoning By-law may be completed in accordance
with the provisions of the Zoning By-law under which it was approved, or
the approved plan, subdivision documents, and any other approved
order, permits and conditions.
14
Tri-Roads Planning District Zoning By-law 18/02/2018
2.0 Zoning Regulations
2.0 Zoning Regulations:
Effecting Site Areas and Governing Land Uses
2.1
Access and Frontage
2.1.1
Public Right-Of-Way
(1)
Uses allowed under this By-Law shall only be established, erected, or
constructed on lands that have frontage on, and unobstructed, safe and
convenient access to:
a.
Registered Road - a registered road allowance is a public road
that is developed as an all-weather road and is maintained year
round.
b.
Proposed Road - a proposed road allowance is an unimproved
public road that is to be registered or is already registered, which
will be developed as an all-weather road and maintained year
round, for which a road development agreement has been
entered into with the Municipality for the construction of the
proposed road.
c.
Condominium Plan - where the units created through a bare land
condominium plan have a common element, as defined in The
Condominium Act (Manitoba), as the private access route
connected to either (a) or (b) above.
2.1.2
Land Locked Parcels Permitted
(1)
Notwithstanding access and frontage requirements listed herein,
developments may be allowed on lands without direct access or
frontage:
a.
Where the land has access onto a public road being provided by
way of a caveat or master or declaratory easement registered and
maintained in perpetuity on title in favour of the subject land with
the owners of other lands so as to ensure cross-access at all times
by motor vehicles.
b.
Where the land is deprived of frontage on a public road as a result
of land acquisition or expropriation by an authority having the
power of expropriation or acquisition, or authorization pursuant to
The Planning Act, subject to access onto a registered road being
provided by way of an existing private right-of-way registered on
title in favour of the subject lot.
c.
Where the land abuts lands held by the Municipality or the
Province for future road-widening or public reserve purposes,
subject to access onto a registered road being provided by way of
an existing private right-of-way registered on title in favour of the
Tri-Roads Planning District Zoning By-law 18/02/2018
15
2.0 Zoning Regulations
subject lot, and subject to compliance with other applicable
requirements of this Zoning By-law as if said future road allowance
was already in existence.
d.
Where the land is to accommodate advanced exploration projects
as defined in the Mines and Minerals Act.
e.
Where the land is intended to be held by the Municipality or the
Province for future road-widening, future road allowance, existing
heritage resource use, as a development control strip or for public
reserve purposes.
f.
Where the land abuts a navigable waterway, or is adjacent to a
water body only being separated by land held by the Municipality,
the Province or is a road allowance.
g.
Where the land is a Development Control Strip.
h.
Where the land and its resources fall under the purview of the
Crown.
2.1.3
Seasonal Public Roads
(1)
Notwithstanding access and frontage requirements listed herein,
developments that are cottages, or land-uses intended to be used
seasonally or on a part-time basis may be allowed where the land abuts
or is traversed by a seasonally maintained public road; however, owners
of said lands should not expect the same level of municipal services as
owners of lands with frontage and access to a registered road allowance
that is developed as an all-weather road and is maintained year round.
2.1.4
Future Public Roads
(1)
No building or structure shall be erected upon any proposed road
allowance that is to be registered and developed under a Development
Agreement. Any development adjacent to a proposed road allowance
shall comply with the requirements of this By-law as if the future public
road was already physically in existence.
2.2
Water and Wastewater Infrastructure Connections
(1)
All principal buildings and structures constructed on land served by
public or private drinking water systems, or wastewater management
systems shall be connected to such services.
(2)
Drinking water systems or wastewater management system connections
shall be made within the time limit specified in a Development
Agreement.
(3)
Where municipal drinking water systems, or wastewater management
systems are not available, private services may be permitted.
16
Tri-Roads Planning District Zoning By-law 18/02/2018
2.0 Zoning Regulations
2.3
Moving and Demolition Structures
(1)
No person shall move any structure or part thereof off his/her property
to any other location unless that structure or part is made to conform to
the provisions of this By-law applicable to the zone to which it is to be
moved.
(2)
Before moving a building or portion to a new off-site location, the owner
shall obtain a development permit and if required by the Development
Officer enter into an agreement with the Municipality containing an
undertaking of the owner to pay all damages arising out of the move
and such other terms and conditions as a Development Officer deems
necessary.
(3)
Upon completion of the removal of a building from a site, the old
foundation shall be removed, any excavation shall be filled, the ground
shall be leveled and the site shall be put in a safe condition to the
satisfaction of the Development Officer.
2.4
Excavation, Stripping, and Grading
(1)
For the purpose of this Section, excavation shall mean excavation other
than for construction or building purposes, including but not limited to,
sand and gravel mining, top soil stripping, and construction of artificial
water bodies.
(2)
The removal of topsoil, or other organic surface material on lands
designated for agricultural use shall not be permitted unless approval
has been granted by the Development Officer. This is not intended to
restrict excavation for the purposes of water control works, road
construction, building sites or similar work, or gaining access to
aggregate and other quarry minerals.
(3)
A person wishing to excavate, strip or grade land in any zone shall
provide the following details in a development application:
a.
The location and area of the site on which the excavation,
stripping or grading is to take place;
b.
The existing land use and vegetation;
c.
The type and dimensions of the excavation to be made, and the
effect on existing drainage patterns; and
d.
The condition in which the excavation is to be left when the
operations is complete, or the final disposition to be made of the
area from which the topsoil is to be removed, including the action
which is to be taken for restoring the condition of the surface of
the land to be affected, and for preventing, controlling or
Tri-Roads Planning District Zoning By-law 18/02/2018
17
2.0 Zoning Regulations
lessening the creation of erosion or dust from the land.
(4)
The Development Officer shall consider every application for a permit to
excavate land, and shall not issue a permit unless he or she is satisfied
that:
a.
The operation will be carried out so as to create a minimum of
dust and environmental disturbance; and
b.
The operations are one which, in the opinion of the Development
Officer, is reasonably necessary for the use and development of
the land in question.
2.5
Lands Subject to Flooding
(1)
No building or structure shall be erected upon lands subject to flooding,
which means lands that:
a.
Is inundated by floods up to and including the 200 year flood, or
the flood of record, whichever is greater;
b.
Has a known history of flooding; or
c.
Experiences flooding during a flood event of a magnitude
specified by the Province in areas protected by flood control
works.
2.6
Lands Subject to Erosion or Bank Instability
(1)
No building or structure shall be erected upon lands subject to erosion
or bank instability, which means lands that:
a.
Within a 50 year period, the lands would be eroded or become
unstable due to the action of water contained in an adjacent water
body; or
b.
Lands where actual effects of such hazards have occurred, are
occurring, or have been predicted by engineers to occur.
2.7
Setbacks Along Water Bodies
Notwithstanding other sections of this by-law, the following provisions shall apply:
2.7.1
Principal Buildings and Structures along Water Bodies
(1)
In areas where the specific flood, erosion and bank instability hazards
have not been determined, new principal buildings and structures shall
be set back from all water bodies at a distance an engineering
investigation shows that these limits should be established, and at the
discretion of the local planning authority, and/or the applicable
provincial authority.
(2)
The setbacks limiting development adjacent to water bodies established
above may be reduced subject to geotechnical, engineering or
environmental assessment by a professional engineer, and at the
18
Tri-Roads Planning District Zoning By-law 18/02/2018
2.0 Zoning Regulations
discretion of the local planning authority, and/or the applicable
provincial authority.
(3)
Where a lot is separated from a navigable waterway by land owned by
the Municipality or the Province, the lot shall be considered for the
purpose of permitted land uses and required setbacks in this Zoning By-
law as if it abuts the navigable waterway.
2.7.2
Accessory Buildings and Structures along Water Bodies
(1)
The lot line abutting the navigable waterway shall be the front lot line.
(2)
Accessory buildings and structures shall be limited to boat house, boat
port, sauna, gazebo, picnic shelter, pavilion, storage building, pump
house, dock, shoreline deck when erected between a principal building
and a navigable waterway, including for commercial and industrial uses.
The following provisions shall apply:
a.
No minimum yard setbacks are required on the lot line that abuts
a navigable waterway when the accessory use is a minimum of 20
feet from the principal structure, except one side yard setback of
15 feet is required and one side yard of 5 feet for the accessory
building.
b.
Only one of a boat house or boat port is permitted per lot, which
shall not exceed 900 square feet in area, measured independently
of any other accessory building, use, or structure permitted in this
section.
c.
Roofs of a flat roofed single-storey boat house may be used as a
completely open sundeck with a perimeter protective guard.
d.
A second storey on a boat house may be used as Sleep Cabin or
an Accessory Dwelling Unit.
e.
Site Plan Approval shall be required by the Development Officer
and the Board, prior to the issuance of any building or
development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas,
fencing, landscaping, signage, and exterior finishing materials for
the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
(3)
Notwithstanding other sections of this By-law, detached accessory
buildings and structures may be located in the rear yard along a road
where a lot has frontage on a navigable waterway. The following
provisions shall apply:
a.
A minimum side and rear yard setback of 5 feet is required for the
accessory buildings.
b.
The accessory buildings shall not have a building length, when
Tri-Roads Planning District Zoning By-law 18/02/2018
19
2.0 Zoning Regulations
measured along a rear lot line along a road, that is greater than 40
percent of the lot width.
c.
Site Plan Approval shall be required by the Development Officer
and the Board, prior to the issuance of any building or
development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas,
fencing, landscaping, signage, and exterior finishing materials for
the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
(4)
Notwithstanding other sections of this Zoning By-law, garbage and
recycling enclosures may be located in the rear yard where a lot has
frontage on a navigable waterway. The following provisions shall apply:
a.
Plans showing the location and the exterior design of the garbage
enclosures, and vehicular approaches shall be submitted, reviewed
and approved by the Development Officer prior to the issuance of
any permits.
2.8
Standards for Cottages
(1)
A cottage development must meet the following standards:
a.
The minimum size of a cottage shall be 480 square feet.
b.
Recreational vehicle (RV), mobile homes, travel trailers or other
moveable equipment used for an accommodation shall not occupy
or be parked in lieu of cottage structure on sites designated for a
cottage. All cottages must be permanent, fixed, non-portable
structures.
c.
Site Plan Approval shall be required by the Development Officer
and the Board, prior to the issuance of any building or
development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas,
fencing, landscaping, signage, and exterior finishing materials for
the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
2.9
Standards for Campgrounds or RV Parks
(1)
A campground or recreational vehicle (RV) park must meet the following
standards:
a.
More than one camp space or recreational vehicle (RV) may be
permitted on a zoning site in a campground RV park.
b.
A campground or RV park must provide a roadway with an all-
weather surface that serves all dwellings with a driving surface a
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minimum of 13 feet wide.
c.
A campground or RV park must provide storage of refuse in a
secured garbage enclosure at a location not more than 500 feet
from camping spaces.
d.
A campground or RV park must provide clear numbered
identification of each camping space.
e.
A campground or RV park must provide a centrally located
recreation area equivalent to a minimum area of 215 square feet
per camping space.
(2)
Recreational vehicle (RV), travel trailers or other moveable equipment
used for an accommodation shall not occupy or be parked in lieu of
cottage structure on sites designated for a cottage.
2.10 Setbacks from Provincial Trunk Highways and Roads
(1)
Any structure/construction proposed above, below or at ground level, or
a proposal to change or intensify an existing structure, within 125 ft.
from the edge of the right-of-way of provincial trunk highways or
provincial roads, or within the control circles of a Provincial Road
Intersections; and any tree, shrub, or hedge within 50 ft., requires a
permit from the Provincial Government.
(2)
Exceptions to the above include, the Binscarth Provincial Access Road
and the Russell Provincial Access Road (from approximately 900 feet
east of PTH 83 to PTH 16) where the local jurisdiction is the traffic
authority.
(3)
Energy Generating System shall be setback 1.5 times of the total height
of the structure from the provincial highway right-of-way.
2.11 Setbacks from Public Services
Notwithstanding other sections of this by-law, the following provisions shall apply:
2.11.1 Drinking Water Systems And Wastewater Infrastructure
(1)
No new residential developments shall be located within 1,500 feet of
the boundary line of a public waste water treatment lagoon.
(2)
No new industrial developments shall be located within 200 feet of the
Russell Regional Water Treatment Plant (WTP) building as measured
from the building face.
(3)
No new developments shall be located within 3,000 feet of the
boundary line with the wells that provide the raw water to the Russell
Regional Water Treatment Plant.
2.11.2 Waste Disposal Grounds
(1)
No building shall be constructed within 1,320 feet of the property line of
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any landfill as measured from the wall of the building unless:
a.
a Certified Professional Engineer of Manitoba determines that
there will be no migration of methane gas; and
b.
Approval has been obtained from the Provincial Government.
2.12 Setbacks from Airports
Transport Canada - TP 1247- Land Use in the Vicinity of Airports indicates that
potentially highly incompatible land-uses with airports are Putrescible waste
landfills, food waste hog farms, fish processing/packing plants, Horse racetracks,
Wildlife refuges, and Waterfowl feeding stations.
Notwithstanding other sections of this Zoning By-law, the following provisions shall
apply:
(1)
The following land-uses are not permitted within 3,280 feet of the
Russell Airport [TC LID: CJW5] as measured from the edge of the
runway:
a.
Food waste hog farms;
b.
Fish processing/packing plants;
c.
Horse racetracks;
d.
Wildlife refuges; or
e.
Waterfowl feeding stations.
(2)
Province of Manitoba Standards For Landfills In Manitoba (2016)
indicates the setback requirements for waste disposal grounds to
airports is 9 miles.
2.13 Setbacks from Railways
Notwithstanding other sections of this by-law, the following provisions shall apply:
(1)
A habitable space in new residential structures shall be setback from
the property line of railway operations, as measured from the habitable
space in the structure, as follows:
a.
Freight Rail Yard: 984 feet
b.
Main Line: 98 feet
c.
Branch Line: 49 feet
d.
Spur Line: 49 feet
(2)
Notwithstanding the above, non-habitable spaces within principal
structures, non-habitable principal structures, and non-habitable spaces
in detached accessory structures and uses, as well as agricultural
operations may be allowed if the underlying zoning standards for
setbacks provide for such.
2.14 Setbacks from Pipelines, Transportation, and Transmission Lines
Notwithstanding other sections of this by-law, the following provisions shall apply:
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(1)
The habitable space in new residential structures shall be setback, as
measured from the habitable space in the structure, a minimum 50 feet
from the property line of a right-of-way or corridor established for
pipeline transportation or transmission lines in excess of 115 kilovolts.
(2)
Notwithstanding the underlying zoning, secondary uses independent
from the utility infrastructure, such as active and passive recreation,
agriculture, community gardens, other utilities and uses such as parking
lots and outdoor storage are allowed on transmission corridor lands,
where compatible with surrounding land uses. However, a proponent
should be aware of the primacy of the transmission and distribution
facilities and that such secondary uses require technical approval from
the transmission provider.
2.15 Setbacks Reduced by Subdivision
(1)
Where an existing building or structure's setback is reduced or proposed
to be reduced by a subdivision of land, and the proposed new setback
for the building contravenes the required setback regulations of this By-
law, a variance shall be required.
(2)
Where an existing building or structure's setback is reduced or
proposed to be reduced by a subdivision of land, any new structures
constructed on the lots shall be subject to all the zoning by-law
regulations regarding setbacks.
2.16 Setbacks for Condominium and Consolidated Lot Developments
(1)
Where two or more abutting lots owned by the same entity are
consolidated for the purpose of development, the internal lot lines of the
original lots shall not be construed to be lot lines for the purposes of any
zoning regulations, provided that development on the consolidated lots
complies with all applicable regulations of this By-law.
(2)
Where a comprehensive plan of condominium has received draft plan
approval, the lands to which the draft approved plan of condominium is
to be located shall be deemed to be one lot for the purposes of
applying the provisions of the By-law. Zoning provisions for building
setbacks to the lot lines shall apply only to the external lot lines of the
overall plan of condominium, not to internal lot lines resulting from the
registration of any phase of a plan of condominium.
2.17 Setbacks for Infill Dwellings
Notwithstanding other sections of this By-law, the following provisions shall apply:
(1)
Where any new dwelling as a principal building or addition to any type
of dwelling in a principal building is proposed within a street block
where at least 80 percent of the lots have been developed with dwelling
units in principal structures, and the front yard setback required by the
regulations for the underlying zoning district is inconsistent with the
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majority of existing front yard setbacks for the developed dwellings on
the street block:
a.
In the case of interior lots, the new structure shall be developed
with a front yard consistent with the average of the existing front
yards facing the same public road and within the same side of the
block the new dwelling is being erected.
b.
In the case of a corner lot, the average of the front yard setback
for the two nearest lots on each side of the reverse corner lot; or
for corner lots all the lots facing the same public road on the same
block may be used for calculating the allowed setback.
c.
In the case of a key lot, the average of the yard setbacks of the two
nearest properties on each side of the key lot.
Figure 1: Determined Front Yard Setbacks for Infill Dwellings
2.18 Setbacks for Corner Lots
Notwithstanding other sections of this By-law, the following provisions shall apply:
(1)
In the case of a corner lot, the shorter lot line abutting a public road
shall be the front lot line:
a.
Where the lot lines abutting a public road have the same length,
the lot line where the principal access to the lot is provided shall
be deemed to be the front lot line.
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(2)
Notwithstanding Clause (1) above, the Development Officer may require
any corner site to provide an additional Front Yard or Yards other than
that required, having regard to the orientation and access of any
development, and the Front Yard requirements of adjacent properties.
Figure 2: Determined Front Yard Setbacks for Infill Dwellings
2.18.1 Setbacks for Reverse Corner Lots
(1)
The front yard setback of the key lot shall denote the exterior side yard
setback of the reverse corner lot for a distance of 20 feet from the edge
of the common property line. After 20 feet, the setback will revert to the
rear yard setback.
2.18.2 Setbacks Corner Lot Sight Triangle Area
Notwithstanding other sections of this Zoning By-law, the following provisions shall
apply to all zones excluding the CM zone:
(1)
On any corner lot, no building or structure shall be erected, and no
fence, hedge, shrub, bush, tree or other plant shall be permitted to a
height greater than 3 feet above the grade of the roadways that abut
the lot, within a triangular area formed by the part of the lot lines
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measured along each property line from the intersection of those lines
at the corner of the property closest to the public road corner and a line
joining points on the property lines at a distance of 20 feet from the
point of intersection.
(2)
Boats, recreational vehicles, trailers and similar vehicles shall not be
permitted to park in the corner lot site triangle.
Figure 3: Corner Lot Sight Triangles
2.19 Setbacks for Through Lots
(1)
Notwithstanding any other provisions in this By-law, for any through lot
that is not also a corner lot, the minimum required front yard setback
applies on each public road in accordance with the provisions of the
zone in which the lot is located and the minimum required rear yard
setback does not apply.
(2)
Where a through lot is also a corner lot;
a.
The shorter lot line abutting a public road shall be the front lot
line.
b.
Where the lot lines abutting a public road have the same length,
the lot line where the principal access to the lot is provided shall
be deemed to be the front lot line, and the exterior side yard
setback, rear yard setback and the sight triangle provisions apply.
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2.20 Setbacks for Flag Lots
(1)
Notwithstanding other sections of this Zoning By-law, the front yard
setback for the flag portion of the lot shall be measured from the access
corridor of the pole portion of the lot where the access corridor is not
included in the distance measurement.
Figure 4: Flag Lot Setbacks
2.21 Setbacks for Commercial or Industrial near Residential Land-Uses
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The following shall not apply to residential land-uses in industrial or commercial
zones, and shall not apply to the Main Streets Area identified in the Tri-Roads
Forward Development Plan By-law No. 18/01/2018:
(1)
Notwithstanding any other provisions of this By-law, where a lot in any
Commercial Zone or Industrial Zone shares a common property line
abutting a residential land-use, the following provisions shall apply:
a.
A setback of 20 feet must be provided along the common lot line
in the commercial zoning district.
b.
A setback of 30 feet must be provided along the common lot line
in the industrial zoning district.
c.
If the adjoining residential land-use front yard setback requirement
is greater than the underlying commercial or industrial zoning
district front yard setback, the minimum front yard setback shall be
the same as the front yard requirement for the adjoining
residential land-use, for a minimum distance of 50 feet from the
common property line.
d.
The required yard setbacks must be landscaped and must not be
used for parking areas or loading areas, outside storage, garbage
enclosures, or commercial or industrial activities of any kind.
e.
Notwithstanding the above, an enclosed portion of a principal
building on lands zoned commercial or industrial may extend to
the common property lines if the underlying zoning standards for
setbacks provide for such.
(2)
Notwithstanding any other provisions of this Zoning By-law, where a lot
in any Commercial Zone or Industrial Zone is adjacent to a residential
land-use, separated only by a public right-of-way, the following
provisions shall apply:
a.
A setback of 5 feet must be provided along the property line in
the commercial zoning district that is adjacent to the residential
land use.
b.
The setback must be landscaped and must not be used for parking
areas or loading areas, outside storage, garbage enclosures, or
commercial or industrial activities of any kind.
c.
Notwithstanding the above, an enclosed portion of a principal
structure on lands zoned commercial or industrial may extend to
the property line, if the underlying zoning standards for setbacks
provide for such.
2.22 Permitted Projections into Setbacks
(1)
Despite any other provision to the contrary, the following features are
permitted to project into required yard setbacks as specified in Table 1.
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(2)
This section does apply to:
a.
The projection of any listed feature into the minimum required
building setback from Water Bodies, Public Services, Railways,
Pipeline Transportation and Transmission Lines.
b.
Accessory buildings.
(3)
This section does not apply to:
a.
Setbacks for Corner Lot Sight Triangle Area;
b.
Setbacks for Commercial and Industrial near Residential Land-
Uses; and
c.
Setbacks from Provincial Trunk Highways and Roads.
(4)
Should the projection exceed the size allowed for that type of
projection, the projection is then considered to be the principal building
when attached to the principal building; and the dimensional standards
of detached accessory structures apply when the projection is detached
from the principal building, as such, variances are required to alleviate
compliance with the setback regulations.
(5)
Permitted Projections. Despite any other provision to the contrary, the
following features are permitted to project into a required setback in
accordance with Table 1.
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2.22.1 Table 1: Permitted Projections into Required Setbacks
Feature
Projections Permitted
Front Yard
Side Yard
Rear Yard
(a) Alcoves, bay, oriel windows,
vestibules, and similar additions
creating livable floor area, limited
to one storey
5 feet
4 feet, but no closer
than 1 foot to property
line
5 feet
(b) Air conditioning units, Pool filters,
pumps and heaters
NOT PERMITTED
PERMITTED only in
interior side yards and
a minimum 10 feet
measured laterally from
operable window of a
habitable room on an
adjoining lot
PERMITTED, and
a minimum 10 feet
measured laterally from
operable window of a
habitable room on an
adjoining lot
(c) Balconies
5 feet
5 feet but no closer than
1 foot to property line
5 feet
(d) Open arbours, trellises, landscape
architectural features, flag poles,
lighting fixtures and lamp posts
PERMITTED, but no closer than 1 foot to property lines
(e) Basketball hoops
NOT PERMITTED
PERMITTED
(f) Boat houses, boat ports, boat slips
and docks (private)
PERMITTED
Boat houses and boat
ports shall not project
more than 50 feet from
the high water mark.
Docks shall not project
more than 65 feet from
the high water mark
No closer than 15 feet
to one side lot line and
5 feet to the other side
lot line
NOT PERMITTED
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Feature
Projections Permitted
Front Yard
Side Yard
Rear Yard
(g) Clotheslines, clothesline poles
NOT PERMITTED
PERMITTED
(h) Cantilevers
No more than 3 feet projection and no more than 10 feet along a building
wall
(i) Chimneys/chases, and fireplaces
No more than 3 feet projection provided that any projection is not closer
than one foot from the side or rear site line
(j) Fences and Hedges
PERMITTED
(k) Eaves and eaves trough
2 feet [1 foot for an eave and 1 foot for an eavestrough]
(l) Exterior wall finishes including
brick and stone facing
1 foot
(m) Garbage Enclosures
NOT PERMITTED
PERMITTED when less
than 5 feet in height
PERMITTED when
adjacent to a lane and
less than 5 feet in height
(n) Ornamental structures: Veranda,
porches, sills, belt courses,
portico, shade projections,
awnings, canopies, cornices,
pilasters or similar incidental
building architectural features.
3 feet but no closer than 1 foot to side lot line
(o) Parking Spaces, Parking Aisleways,
Queuing spaces.
NOT PERMITTED
except in Commercial
Highway zones
NOT PERMITTED
except in Commercial
Highway zone and
Residential zones
PERMITTED
(p) Open Patios and Decks
PERMITTED, when height is 2 feet or less.
(q) Pools And Hot Tubs
NOT PERMITTED
No closer than 5 feet to side or rear lot line
(r) Roofs over exterior entrances (may
not be enclosed except by railing)
5 feet but no closer than 1 foot from side lot line
(s) Unclosed walks, wheelchair
landings and ramps.
PERMITTED
(t) Unenclosed stoops, porches,
landings, steps, landings, and fire
escapes
Maximum depth =
5 feet unless maximum
height equal to or less
than 2 feet
PERMITTED if 2 feet in
height or less
No closer than 2 feet
to side lot line if height
exceeds 2 feet
PERMITTED if 2 feet in
height or less
(u) Energy Generating System
NOT PERMITTED
NOT PERMITTED, and
15 feet from the exterior
side lot line of corner lot
PERMITTED
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Figure 5: Example Projections into Required Yards (Permitted and Not Permitted)
2.23 Permitted in Front and Rear but Not Side Yards
(1)
Any building or structure, or projection that is permitted in a front or
rear yard setback; or where the front or rear yard setback has no
requirement in the underlying zoning district regulations, the building or
structure, or projection shall still adhere to any applicable side yard
setback requirements.
2.24 Permitted Projections Above the Height Limit
(1)
The maximum height limits do not apply to the structures listed below
or to any other similar structures that may require a height in excess of
maximum height limits in order to serve their intended purpose, unless
otherwise specified in the Zoning By-law and provided these structures
are erected only to such height or area as is necessary to accomplish the
purpose they are to serve:
a.
Barn, silo, or other accessory buildings or structures associated
with an agricultural operation.
b.
Chimney, smokestack or flues.
c.
Clock tower, church spire, steeple or belfry.
d.
Construction equipment during the construction process.
e.
Mechanical and service equipment or penthouse, elevator or
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stairway penthouses not exceeding 10 feet above the roof deck.
f.
Flag pole with a flag of a country or government.
g.
Grain elevators, terminals, feed mills, seed plants.
h.
Hydro and other utility transmission and distribution towers.
i.
Landscaped areas, roof-top gardens and terraces and associated
safety guards and access structures.
j.
Ornamental dome, skylight, cupola, gables or parapet not
exceeding 5 feet above the roof deck.
k.
Utility poles and high voltage transmission lines.
l.
Television, radio or telecommunication antenna, excluding a
satellite dish or tower antenna accessory to a permitted use in a
residential zone.
m.
Water tower.
n.
Energy, Generation Systems.
o.
Energy Generation Systems on the roof shall be no more than 15
feet above the rooftop.
2.25 Temporary Buildings, Structures, and Uses
(1)
Temporary buildings, structures or uses may be permitted in all zones
on a non-permanent basis for up to 12 months, with not more than an
additional 12 months when approved as a Conditional-Use; subject to
the issuance of a development permit under the following conditions:
a.
A development permit for a temporary building, structure or use shall
be subject to such terms and conditions as required by the Board.
b.
Each development permit issued for a temporary building,
structure or use shall be valid for a period of not more than 12
months and may not be renewed for more than two successive
periods at the same location.
(2)
The following temporary buildings, structures or uses shall be permitted
in all Zones when the use specific standards are met:
a.
Temporary buildings, structures, and uses are permitted on a site
in connection with the construction or maintenance of public
services, and only for the following purposes:
i.
Office space for the contractor, developer, or project
supervisor;
ii.
Temporary accommodation for a caretaker, security guard or
construction workers;
iii.
Temporary placement of asphalt and concrete batch plants;
or
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iv.
Storage of construction materials and equipment.
b.
Temporary buildings, structures, and uses are permitted on a site
in connection with construction or development of a site, provided
that a development permit is issued and valid for the construction
and development of the site, and only for the following purposes:
i.
Office space for the contractor, developer, or project
supervisor;
ii.
Temporary accommodation for a caretaker, security guard or
construction workers;
iii.
Temporary accommodation for the land owner and family
during the construction of a dwelling unit on the same site
for a maximum 12 month period; or
iv.
Storage of construction materials and equipment.
c.
Temporary uses including garage sales, fundraising events,
outdoor car washes, real estate sales offices and model sales
homes, and Temporary Emergency Residence.
(3)
The following temporary buildings, structures or uses shall not be
permitted in any Residential Zones:
a.
Temporary uses including farmers' markets, special events, and
seasonal sales.
(4)
Temporary building used as a classroom is permitted only on a site
where an elementary or secondary schools land-use already exists.
2.25.1 Temporary Buildings Use Specific Standards
(1)
Temporary buildings, structures, and uses shall not be detrimental to
public health, safety, convenience, and general welfare.
(2)
The temporary buildings, structures, and uses must not result in
permanent alterations to the site.
(3)
All temporary signs associated with the temporary use or structure must
be removed when the activity ends.
(4)
The temporary use or structure must not violate any applicable
conditions of approval that apply to a principal use on the site.
(5)
Temporary buildings, structures, and uses established under this By-law
in connection with construction or development of a site, shall be
removed within one (1) month of the completion of construction or
development on the site unless otherwise noted in this Zoning By-law.
(6)
Temporary buildings and structures shall not exceed 1,000 square feet
in gross floor area and 13 feet in height.
(7)
The temporary building, structure or use shall be located in compliance
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with the setback requirements as specified in this Zoning By-law for
accessory buildings except:
a.
temporary buildings, structures or uses may be located in the front
yard of a principal building with a minimum setback of 3 feet from
the front property line.
b.
temporary buildings, structures or uses may be located on a site
with no principal buildings and with a minimum setback of 3 feet
from the front property line.
(8)
Temporary buildings or structures used as Real Estate Sales Offices and
Model Sales Homes shall not be used as a dwelling during the time it is
being used as a real estate sales office or model home.
2.25.2 Permit Required for Temporary Buildings and Uses
(1)
A development permit for a temporary building, structure or use shall be
subject to such terms and conditions as required by the Board or the
Development Officer and approval pursuant to the Development
Procedures Section of this By-law.
(2)
Each development permit issued for a temporary building, structure or
use shall be valid for a period of not more than 12 months.
2.25.3 Permit Exemptions for Temporary Buildings and Uses
(1)
The following temporary uses are exempt from the requirement for
development permit approval, provided that the proposed temporary
use complies with the Use Specific Standards of temporary buildings,
structures, and uses:
a.
Garage, rummage or yard sales up to a maximum of 2 weekends
per year, for a maximum of 3 days each.
b.
Outdoor car washes lasting no more than 2 consecutive days, 7
times per year.
c.
Outdoor special events (carnival, circus, fair, outdoor performing
artists, festivals, sports competitions, or similar events) lasting no
more than 3 consecutive days, 4 times per year.
d.
Fundraising events lasting no more than 2 consecutive days, 7
times per year.
e.
Seasonal Sales such as Christmas trees, flags, kites, fruits,
vegetables, or arts and crafts that are limited to a maximum of 60
days in each calendar year.
f.
Farmer's Market held in an open area or in a structure where
groups of individual sellers offer for sale to the public such items
as specialized lines of food products, fresh produce, seasonal
fruits, fresh flowers, arts and crafts items, or food and beverages
dispensed from booths located on-site, limited to between April 1
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to October 31..
g.
Temporary Emergency Residence where interim lodging is
provided to persons who are displaced from their homes due to
fire, flood or natural disaster, limited to a maximum of 60 days.
2.26 Cover-All Buildings and Fabric Buildings
(1)
Cover-all Buildings and Fabric Buildings shall not be permanently stored
or used in a residential zoning district unless as a temporary use, and
subject to following:
a.
Site Plan Approval shall be required by the Development Officer
and Council, prior to the issuance of any building or development
permits, for the on-site location(s) of the Cover-all Buildings and
Fabric Building(s) and the exterior finishing materials for the
structures, all of which shall be maintained to the satisfaction of
the Development Officer.
(2)
The gross floor area of Cover-all Buildings and Fabric Buildings shall be
counted in determining the maximum Lot Coverage allowed on a lot.
2.27 Shipping Containers
(1)
Shipping containers mean an intermodal container designed and built
for intermodal freight transport and shall only be permitted where
outdoor storage, rail terminals and rail yards, truck terminals are
permitted by right.
(2)
Shipping containers may serve as temporary buildings or structures on a
site in connection with construction, seasonal sales, farmer's markets,
outdoor special events, and Exploration Projects [Advanced].
(3)
A shipping container when used as a temporary structure shall:
a.
Be used exclusively for the storage of goods and materials and
shall not be used as a garage, or as human habitation.
b.
Meet the setback requirements for temporary structures.
c.
Require Site Plan Approval shall be required by the Development
Officer and the Board, prior to the issuance of any building or
development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas,
fencing, landscaping, signage, and exterior finishing materials for
the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
(4)
Shipping containers shall not be permanently stored or used on a
residential zoned lot.
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2.28 Accessory Buildings, Structures and Uses
(1)
Accessory building, structure or use means a subordinate building,
structure or use which is incidental and accessory to the principal
building, structure or use, and located on the same site as the principal
building, structure or use.
(2)
A development permit for an accessory buildings or structures shall be
required unless otherwise noted in this By-law, and subject to such
terms and conditions as required by the Board.
(3)
An accessory use is allowed in any zone if:
a.
It is on the same lot as the principal use to which it is accessory; and
b.
It exists to aid and contribute to the principal use to carry out the
function of that principal use.
(4)
Accessory developments are permitted when accessory to a permitted
use.
(5)
Accessory developments are conditional when accessory to a
conditional use.
(6)
If a question arises as to whether a particular accessory use or structure is
included within the land use categories or use types of this By-law, the
Development Officer must make the determination as described in the
section Classification of Uses.
(7)
Detached accessory buildings, structures or uses shall cease to be
allowed on a site when a principal building or land-use also ceases,
unless otherwise provided in this By-law as a temporary building or use.
2.28.1 Attached to Principal Building
(1)
Where the accessory building or structure is attached to the principal
building by a roof, floor (except slab on grade or foundation), or an
open or enclosed structure, the accessory building shall be located in
compliance with the setback requirements for the principal building as
specified in the bulk table for each zone.
2.28.2 Construction Before Principal Building or Structure
(1)
Detached accessory buildings or structures may be constructed before
construction of the principal building, structure or use on the same site,
subject to:
a.
The accessory building being fully finished on the exterior in a
manner that is compatible with the character of the surrounding
area;
b.
The number of accessory buildings or structures being limited to
one (1) before construction of the principal building, structure or
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use; and
c.
The detached accessory buildings or structures remains without
the principal building or use for not longer than one (1) year.
(2)
Detached accessory buildings or structures constructed before the
development of the principal building, structure or land-use may be
used for the following uses:
a.
As a temporary building for uses in connection with construction
or development on the site as outlined Temporary Buildings,
Structures and Uses.
b.
Parking of motor vehicles;
c.
Boat house and Boat port;
d.
Storage of domestic equipment and supplies;
e.
Storage required for an agricultural operation;
f.
To accommodate Exploration Projects [Advanced] as defined in
the Mines and Minerals Act;
g.
Private wastewater management system; or
h.
Private drinking water system.
(3)
Detached accessory buildings or structures being used as temporary
buildings in connection with construction or development on a site, shall
not be subject to removal within one (1) month of the completion of
construction or development of a principal use or building, but shall
cease to be used as a temporary building.
2.28.3 Performance Standards for Accessory Building, Structure or Use
(1)
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and
detached accessory buildings and structures, all of which shall be
maintained to the satisfaction of the Development Officer.
2.28.4 Location on the Lot for Accessory Building, Structure or Use
Building Separation between Accessory Buildings
(1)
Detached accessory buildings, excluding detached decks, above ground
pools and hot tubs, shall be located a minimum of 3 feet clear of all
projections from other detached accessory buildings.
Easement or Right-of-way
(2)
Detached accessory buildings and structures shall not be located within
a dedicated easement or right-of-way.
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Setbacks from Lot Lines
(3)
Detached accessory buildings and structures shall be located in
accordance with the following:
a.
Shall not be permitted in the front yard setback of a principal
building.
b.
When a detached accessory buildings or structures built to the
rear of the principal structure, it shall not come closer than 5 feet
to the side property line and 5 feet from the rear property lines,
unless the rear property line abuts a rear public lane in which case
the rear yard setback shall be 3 feet.
c.
The cumulative gross floor area for all detached accessory
structures on the lot shall not exceed 12.5 percent of the total
building coverage area of the lot.
d.
A one (1) foot overhang is permitted within the required setbacks
from the property lines to the wall of the detached accessory
structures. Eavestrough may be added to the permitted one (1)
foot overhang.
(4)
If a detached accessory structure is not located to the rear of the rear
wall of the principal building, the minimum setbacks of the principal
building apply to that portion of the structure not to the rear of the rear
wall of the principal building. For the purpose of this regulation, the rear
wall of the principal building is the wall furthest from the wall with the
facade facing the fronting public road.
2.28.5 Height of Accessory building, Structure or Use
(1)
Detached accessory buildings and structures shall not exceed 13 feet in
height except in association with a Garage Suite or with agricultural
operations where accessory structures may exceed this height.
2.28.6 Building Coverage of Accessory building, structure or use
(1)
The cumulative gross floor area of all Detached accessory buildings and
structures shall be counted in determining the maximum Lot Coverage
allowed on a lot.
2.29 Garages and Carports
Garages and carports are detached accessory buildings or structures that shall be
constructed as follows:
(1)
Where a driveway leads from the public road to a garage or carport
located on the front facade of a dwelling, such driveway must be a
minimum of 18 feet in length. Driveway length is measured between the
garage door or the edge of the carport closest to the public road and
the front property line.
(2)
Individual driveways leading from a shared private lane to each dwelling
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unit must be at least 20 feet long, as measured between the front of the
garage or carport and the closest pavement edge of the shared private
lane.
(3)
The maximum height allowable for a garage, carport or any accessory
structure is 13 feet as determined for different roof styles as shown in this
By-law except for a garage that contains a Garage Suite in which case the
maximum height shall be 22 feet.
(4)
The cumulative gross floor area of garages, carports and any other
accessory structures on the lot shall be counted along with the gross
floor area of the principal structure in determining the maximum Lot
Coverage allowed on a lot.
2.29.1 Location on the Lot
(1)
Garages and carports shall be located in accordance with the following:
a.
When a garage or carport is built to the rear of the principal
structure, it shall not come closer than 5 feet to the side property
line and 5 feet to the rear property line unless the rear property
line abuts a public lane in which case the rear yard setback shall be
3 feet.
b.
A one (1) foot overhang is permitted within the required setbacks
from the property lines to the wall of the garage or carport posts.
Eavestrough may be added to the permitted one (1) foot
overhang.
c.
Garage or carport may be located in the front of a principal
building where a lot has frontage on a navigable waterway.
2.29.2 Attached to Principal Building
(1)
Where the garage or carport is attached to the principal building by a
roof, floor (except slab on grade or foundation), or an open or enclosed
structure, the garage or carport shall be located in compliance with the
setback requirements for the principal building as specified in the bulk
table for each zone except for the driveway length requirements as
stated above in this section.
(2)
Where the garage or carport is not located to the rear of the rear wall of
the principal building, the minimum setbacks of the principal building
apply to that portion of the structure not to the rear of the rear wall of
the principal building.
2.29.3 Performance Standards for Garages and Car Ports
(1)
The design of the exterior finishing materials, and construction of
garages and carports shall be to the satisfaction of the Development
Officer or the Board who shall require, as far as reasonably practicable,
that materials will be used which ensure that the standard of the garage
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or carport will be similar to, or better than, the standard of surrounding
principal buildings.
a.
Site Plans showing the location and the exterior design of the
accessory buildings and driveways shall be submitted, reviewed
and approved by the Development Officer.
(2)
Cover-all buildings and fabric buildings shall not be allowed as garages
or carports in residential zones.
2.30 Home Enterprises
This section shall not apply to an agricultural producer operating an Agricultural
Operation or Agri-Tourism in the Agricultural Operation Zone. Home Enterprises
are accessory land-uses to the principle land-use, a dwelling, and are regulated in
such a manner to insure the scale of the home enterprise does not dominate and
surpass the primary land-use.
2.30.1 Requirements For All Home Enterprises
(1)
Shall be operated by an occupant of the dwelling unit.
(2)
The exterior residential character of the dwelling unit should not be
altered or changed in any way as a result of the home enterprise.
(3)
The home enterprise shall not create or become a nuisance by way of
noise, fumes, dust, odour, traffic or otherwise interfere with the
enjoyment of the residential amenities of the surrounding
neighbourhood.
(4)
Where a home enterprise is located completely below the first storey of a
Dwelling Unit (other than stairways or a common landing), the below grade
floor area (excluding the area covered by stairways) shall not exceed the
gross floor area of the first storey of the associated principal dwelling;
(5)
Any portion of a home enterprise located below the first storey of a
Dwelling Unit shall not be used in calculating the maximum size of the
home enterprise.
(6)
Where a home enterprise is developed completely or partially above
grade, the floor area (excluding the area covered by stairways) of the
home enterprise in the principal structure shall not exceed 25% of the
gross floor area of the building containing the associated principal
dwelling, nor 400 square feet whichever is the lesser.
(7)
Where a home enterprise is developed in a detached accessory
building, the floor area of the home enterprise shall not exceed the
building envelope of a detached accessory building allowed on the site.
(8)
Where a home enterprise is developed in a detached accessory
building, any overhead doors visible from an adjacent lot or site
containing a residential use must remain closed when not being used for
entry or exit of vehicles.
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(9)
Shall not include adult entertainment; dating and escort service; body
modification; on-site auto body painting, body repairs, or other repairs
to automobiles, trucks, boats, trailers, or motorized vehicles; vehicle
towing operations; dispatch centres for auto-oriented services; sales of
firearms or ammunition; any business utilizing radio transmission
equipment; and any business engaged in the sales and rental of
automobiles, light trucks or motorcycles.
(10) Shall not be subject to separation from the principal dwelling through a
condominium conversion or subdivision.
(11) Two or more home enterprises per dwelling unit may be allowed, and
shall be deemed as a single home enterprise subject to all the
applicable regulations for a single home enterprise.
(12) Should a home occupation and a home based business both be
established in a dwelling unit where the underlying zoning allows such
uses, the regulations of each type of home enterprise shall apply though
the cumulative above grade floor area shall not exceed the maximum
restrictions of a home based business.
(13) May allow greenhouse, nursery and floriculture production including
Food crops grown under cover; Other food crops grown under cover;
Nursery and floriculture production; Nursery and tree production;
Floriculture production but shall not allow Mushroom production.
(14) Customers may attend only five (5) days a week, unless otherwise noted.
(15) Not more than two (2) customers may attend at one time, unless
otherwise noted.
(16) Where a home enterprise is within the controlled areas of a Provincial
Trunk Highway or Road, a permit may be required from the Province to
change or intensify the use of an existing structure or to intensify the use
of an existing access to a provincial highway (excluding those portions
where the local jurisdiction is responsible for access and structure
setbacks).
2.30.2 Home Occupations
(1)
Where home occupations are permitted subject to the individual zones,
the following shall apply:
a.
The maximum size of a home occupation, above grade in both
principal and accessory structures is 25 percent of the gross floor
area of the principal building.
b.
Must not have non-resident employees.
c.
There shall be no outside storage or display of materials,
containers, or finished products, and no mechanical equipment
used except that of a type used for housekeeping purposes and/or
recreational hobbies.
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d.
Work or activity must be conducted entirely within the principal
building or accessory building.
e.
Where a home occupation is the office of a veterinarian, physician,
or dentist, the use shall be for consultation and emergency
treatment only and not as a clinic or hospital.
f.
There shall be no signage, other than one (1) non-illuminated sign
of less than 2 square feet in size, attached to the principal building,
to indicate to persons outside that any part of the dwelling is
being used for a purpose other than residential.
g.
No business related materials, including machinery or commercial
vehicles, shall be visible at any time on any lot upon which a home
occupation is carried out, nor shall any machinery or commercial
vehicles be parked or stored on the lot unless completely enclosed
within a building.
h.
Where a home occupation is a Home-Based Child Care that cares
for more than four (4) children, the use must comply with the
following requirements:
i.
The provider must be a resident, and be licensed by the
Province of Manitoba as a home-based child care provider.
ii.
Limited to no more than 12 persons being cared for.
iii.
Limited to a single detached dwelling.
iv.
Two non-resident assistants may operate in and from the
dwelling.
v.
An outdoor play space may be provided which shall be
completely enclosed by a fence with a minimum height of 5
feet and any gates in the fencing shall be self-closing with a
lockable latch to prevent unauthorized exiting.
vi.
Any in-ground or above-ground pools and hot tubs must be
fenced separately from the outdoor play space, and have a
locked gate, or other locked device.
vii.
Must provide a pick-up/drop-off area, which may be a
driveway, sufficient to ensure the safety of people when
entering and leaving the premises.
viii.
Home-Based Child Care facilities are not subject to the
maximum floor area restrictions of home occupations.
ix.
Home-Based Child Care facilities are not subject to the
restrictions on the number of customers, and may allow
customers seven (7) days per week.
i.
Where a home occupation is a Bed and Breakfast, the use must
comply with the following requirements:
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i.
The bed and breakfast shall form part of a single detached
dwelling, either in the principal or accessory building.
ii.
A new bed and breakfast shall meet the provisions of the
zone in which it is located.
iii.
A bed and breakfast shall only be operated by a live-in
owner with a maximum of four (4) guest rooms.
iv.
A bed and breakfast shall not change the residential
character of an existing dwelling unit.
v.
Bed and breakfast facilities are not subject to the maximum
floor area restrictions of home occupations.
vi.
May allow customers seven (7) days per week.
2.30.3 Home Based Businesses
(1)
Where home based businesses are allowed subject to the underlying
zone, the following shall apply:
a.
The maximum size of a home based business, above grade in both
principal and accessory structures, and outside of the structures
shall be a cumulative 5 percent or 8,000 square feet, whichever is
lesser, of the total lot area.
b.
A maximum of three non-resident employees shall be permitted
on site.
c.
A maximum of one licensed motor vehicle between 10,000
pounds and 33,000 pounds gross vehicle weight rating (GVWR) is
allowed on the lot provided that the vehicle:
i.
Is parked further from the public road than the front wall of
the structure;
ii.
Is either parked in an enclosed structure or shielded from
view from adjacent properties through the use of
landscaping or fencing;
iii.
The width of the driveway, or any area dedicated to off-street
parking on the premises, shall not exceed 40 percent of the
width of the front lot line; and
iv.
There is no semi-trailer parking or storage on-site.
d.
Sales areas are restricted to within the principal dwelling unit and
accessory buildings only with no outside display.
e.
A maximum 2 percent of the total lot shall be permitted to be
used for outdoor storage associated with the home based
business.
f.
Outdoor storage shall be located behind the rear wall of the
principal building. For the purpose of this regulation, the rear wall
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of the principal building is the wall furthest from the wall with the
facade facing the fronting public road.
g.
Outdoor storage shall be screened from view from any abutting
public road or abutting property with an opaque screen or fence,
with a minimum height of 6 feet.
h.
A maximum 2 percent of the total lot area shall be permitted to be
used for outdoor activities associated with the home based
business.
i.
Outdoor activities shall be located behind the rear wall of the
principal building. For the purpose of this regulation, the rear wall
of the principal building is the wall furthest from the wall with the
facade facing the fronting public road.
j.
Outdoor activities shall be screened from view from any abutting
public road or abutting property with an opaque screen or fence,
with a minimum height of 6 feet.
k.
The hours of operation of outdoor activities shall be limited to
between 9:00 am and 6:00 pm; six (6) days a week.
l.
There shall be no signage, other than one (1) non-illuminated sign
of less than 16 square feet in size, to indicate to persons outside
that any part of the dwelling is being used for a purpose other
than residential.
m.
No part of any garage or accessory building used for a home
based business shall be located closer than 82 feet from any
dwelling unit (other than a dwelling of the owner or occupant), 50
feet from the site boundary and 164 feet from a public road.
2.31 Fences And Hedges
(1)
Fences shall not include barbed wire fences except in agricultural,
industrial and Commercial Highway zones where three (3) strands of
barb wire are permitted on-top of the allowable fence height; and shall
not include electric fences except in agricultural zones.
(2)
Fences and horticulture landscape features including hedges that create
a fence like effect, shall be permitted in all yard setbacks and shall be
limited in height in the setbacks for corner lot site triangles as prescribed
elsewhere in this By-law.
(3)
Fences and hedges in residential areas shall not be higher, measured
from the general ground level 1.6 feet back of the property line of the
site on which the fence or the hedge is to be constructed, than:
a.
4 feet in a required front yard; and
b.
6.6 feet in a required side or rear yard.
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(4)
Fences and hedges in any Industrial and Commercial District shall not be
higher, measured from the general ground level 1.6 feet back of the
property line of the site on which the fence or the hedge is to be
constructed, than:
a.
4 feet in a required front yard;
b.
6.6 feet in a required side yard; and
c.
8 feet in a required rear yard.
(5)
Notwithstanding the above, the maximum height of a fence or a hedge
located in an Institutional District, Open Space District, public utility
service site, hazardous use, or public park shall be 10 feet.
(6)
Where a fence or a hedge (excluding agricultural fencing) is located
within the controlled areas of Provincial Trunk Highways or Roads, a
permit may be required from the Province.
2.31.1 Fence Design Standards
(1)
Permitted materials for the construction of fences in any zoning district
shall include:
a.
Wood or PVC products;
b.
concrete;
c.
ornamental block;
d.
brick;
e.
metal;
f.
combination of the above materials; or
g.
any other material, subject to an illustration by a certified engineer,
architect or landscape architect to the satisfaction of the
Development Officer or the Board; and
h.
Shall not contain scrap metal or industrial waste material.
(2)
Notwithstanding the above, a snow fence is allowed to be erected on a
temporary basis between November 1 and April 15 of the following year,
provided the snow fence is properly maintained, and located a minimum
of 10 feet from any property line.
(3)
No fence shall be maintained or caused to be maintained in a damaged
or disrepair state or condition by reason of fire, decay or otherwise; and
all fences shall be constructed or caused to be constructed in a sound
manner and shall be maintained by painting or other suitable means and
shall be straight and true.
(4)
No fence shall be maintained or caused to be maintained such that it
encroaches on or over a public right-of-way or sidewalk thereby creating
a hazard to or impede the passage of pedestrians or vehicular traffic.
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2.32 Decks, Patios, Balconies, Patio Covers, Sunrooms,
Screen Enclosures
(1)
Unenclosed decks, patios and balconies, shall be permitted in any front,
side yard or rear yard setback when 2 feet or less in height as measured
from the underside of the joists to the ground.
(2)
Covered decks, patios and balconies shall be permitted in any front,
side yard or rear yard setback when 2 feet or less in height as measured
from the underside of the joists to the grade directly under the joist.
(3)
Enclosed decks, patios and balconies with sunroom or screen enclosures
shall have the dimensional standards of the principal building apply
when attached to the principal building; and the dimensional standards
of detached accessory structures apply when detached from the
principal building.
Figure 6: Typical Deck Elevation Plan
2.33 Pools And Hot Tubs
(1)
Private swimming pools and hot tubs shall comply with the regulations
listed hereunder.
Encircling Fence
(2)
Shall be completely enclosed by a fence with a minimum height of 6
feet, or a sunroom, and shall comply with the Manitoba Building Code.
(3)
A principal or accessory building may be utilized to effectively enclose
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any pool.
(4)
Any gates in the fencing shall be a minimum height of 5 feet and shall be
self-closing with a lockable latch a minimum of 2 feet above ground to
prevent unauthorized entry.
(5)
Fencing and gates must be constructed in a manner to prevent a child
from crawling underneath to access the yard.
(6)
Fencing shall be so constructed that all horizontal or diagonal structural
members shall be located on the inside or pool side of the fence.
(7)
A hedge shall not be used as or considered to be a fence for the
purpose of this section.
(8)
The fencing requirements do not apply when the following Manitoba
Building Code items for Hot Tub Covers applies:
a.
The hot tub does not exceed 7.87 feet or 50.0 square feet.
b.
The hot tub has a cover that:
i.
has the structural strength to support the weight of an adult
walking across the top of the cover when it is in the closed
position; and
ii.
is capable of being locked in the covered position to prevent
access to the water by unauthorized persons.
c.
At all the times when use is not supervised by an adult, the hot tub
is covered by a cover that:
i.
complies with the above; and
ii.
is Locked.
Location on Site
(9)
Shall provide a minimum of 5 feet rear and side yards setbacks.
Setbacks for Pool Equipment
(10) Pool filters, pumps and heaters and the like may project into any side or
rear yard setback provided that the projection is not closer than 1 foot
from the side or rear site line, and the minimum distance from filters,
pumps, heaters, or related equipment to an operable window of a
habitable room on an adjoining lot is 10 feet (measured laterally).
2.34 Outdoor Fire Pit, Wood Burning Stove, or Barbecue
(1)
Where an outdoor wood stove or furnace is established for heating of
the principal building or structure, it shall be considered as part of such
building or structure and all yard requirements of a principal building
shall apply in the applicable zone.
(2)
All outdoor wood burning stoves and furnaces are subject to the
following provisions:
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a.
Shall be supported by a non-combustible base or foundation that
is designed according to the manufacturer's instructions to
support the weight of the appliance. The non-combustible base
must in all cases extend a minimum of 1 foot in all directions from
the appliance on all sides.
(3)
All outdoor wood burning areas in residential zones are subject to the
following provisions:
a.
Shall be located at least 10 feet from the base of any tree, hedge,
fence, combustible building or structure.
b.
Shall not be located in a front yard.
c.
Shall be located at least 30 feet from a pipeline, public utility,
transmission corridor, or public right-of-way.
2.35 Garbage And Recycling Storage Areas
(1)
Garbage and recycling shall be:
a.
Fully enclosed by a brick, concrete or wood barrier that is at least
6 inches above the top of the garbage container.
(2)
Garbage and recycling enclosures shall not be permitted in the required
front or side yard setbacks of residential or institutional zoned sites,
(3)
Garbage and recycling enclosures shall not be permitted:
a.
within 20 feet of an abutting residential zone when on a site zoned
commercial.
b.
within 30 feet of an abutting residential zone when on a site zoned
industrial.
c.
within 10 feet of an abutting residential zone when on a site zoned
institutional.
2.36 Lighting
(1)
Lighting requirements are:
a.
Wall mounted lights must have fully shielded luminaries to direct
light downward.
b.
No owner may install or maintain a light source that is directed
outward toward property boundaries or adjacent rights-of-way.
c.
Lighting must be directed downward except for low-voltage
architectural, landscape and decorative lighting, which is subject
to subsection below.
d.
Architectural, landscape and decorative lighting may be directed
upward to illuminate flags, statues or any other objects but must
use a narrowly directed light whose light source does direct light
onto adjacent residential properties.
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e.
All light sources must be shielded to prevent glare.
f.
Lighting used to illuminate accessory off-street parking areas shall
be arranged and shielded so as not to reflect directly onto
residential lots.
2.36.1 Height of Light Standards
(1)
Within any residential zoning district, the maximum permitted height of
light poles is 20 feet.
(2)
Within any commercial or manufacturing zoning district, the maximum
permitted height of light poles is 25 feet when within 50 feet of
residential uses.
2.37 Prohibited Lighting
(1)
No person shall install or maintain strobe lights that are visible from
another property, unless required by a governmental aviation authority.
(2)
No person shall install or maintain red, blue, or yellow rotating lights
designed to imitate lighting on police, fire, or emergency vehicles that
are visible from another property.
2.38 Apiculture (Beekeeping)
(1)
The following requirements must be met for Beekeeping:
a.
In the non-Agricultural Zoning Districts, beehives, also known as
apiaries, shall only be sited in the rear yard.
b.
In the non-Agricultural Zoning Districts, the setback distance from
all property lines for beehives cannot be less than 25 feet.
c.
In the Agricultural Zoning Districts, beehives cannot be sited less
than 82 feet from all public roads and property lot lines.
d.
Beehives shall maintain a minimum setback distance of 82 feet
from any dwelling unit (other than a dwelling of the owner or
occupant).
e.
Beehives shall not be located within 330 feet of a Child Day-Care
Services, Community Care Facilities, Community Centre,
Community Health Centres, Educational Services, Fitness and
Recreational Sports Centres, Golf Courses and Country Clubs,
Pavilion, Picnic Shelter, Pet care services, Place of Worship,
Recreational and Vacation Camps, Restaurants, and Sports
Arena/Stadiums facilities.
f.
A regular source of water with an unimpeded path shall be
provided for the bees on the same property as the beehives.
g.
Beehives shall be on a site or in a yard completely encircled by a
fence or a hedge with a minimum height of 6 feet, when the
beehive is less than 330 feet from a property line. A principal or
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accessory building may be utilized as a part of the encircling fence
to enclose the beekeeping structures.
h.
Beehives shall be located so that the entrance to the hives face
away from adjacent property dwellings.
i.
In the non-Agricultural Zoning Districts, the maximum density of
bee colonies shall be relative to lot size using Table 2:
Recommended Maximum Density Of Bee Colonies.
2.38.1 Table 2: Recommended Maximum Density Of Bee Colonies
Lot/Acreage
Number of
Bee Colonies
(a) Up to 1/4 acre
(1/4 acre=10,890 sq. ft., roughly 50 ft. x 215 ft.)
2
(b) More than 1/4 acre, less than 1/2 acre
(1/2 acre = 21,780 sq. ft., roughly 100 ft. x 218 ft.)
4
(c) More than 1/2 acre, less than 1 acre
(1 acre = 43,560 sq. ft., roughly 150 ft. x 290 ft.)
6
(d) 1 acre or more
8
2.39 Livestock
(1)
The Animal Units (AU) Produced by One Animal and the Number of
Animals to Produce One Animal Unit by category of Livestock shall be
determined using Table 3: Animal Units by Category of Livestock.
2.39.1 Animal Keeping
This sub-section is presented as the regulations for the hobbyist or backyard farmer
on the management of small herds and flocks of farm animals; it is not intended as a
regulation for large-scale or commercial livestock operations, and it is not deemed
an 'agricultural operations' or an 'agri-business' as defined under this Zoning By-law.
(1)
The following requirements must be met for Animal Keeping when
allowed as an accessory use in zones where livestock or other farm
animals (excluding household pets such as domesticated dogs and cats)
are sheltered, bred, raised, and possibly sold on lot sizes less than 20.0
acres and greater than 5.0 acres.
a.
For only the section on Animal Keeping, the following applies for
the animals in the categories of livestock defined in Table 3, as
well as other farm animals:
i.
One (1) Farm Animal equals:
1. One Dairy.
2. One Beef.
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3. One Hog.
4. Eight (8) Chickens.
5. Three (3) Turkeys.
6. One Horse.
7. Two (2) Sheep.
8. Eight (8) Ducks.
9. Eight (8) Geese.
10. Two (2) Goats.
b.
Not more than three (3) Farm Animals as prescribed above
consisting of Dairy, Beef, Hogs, Chickens, Turkeys, Horses, Sheep,
Ducks, Geese or Goats; or a combination thereof, shall be allowed
on a minimum lot size of 5.0 acres.
c.
A maximum of 8 farm animals and equaling less than 10 Animal Units
shall be permitted on a lot size of 20.0 acres.
d.
Any ground-level structure intended for the keeping of Farm
Animals or waste storage areas shall maintain a minimum setback
distance of 164 feet from any dwelling unit (other than a dwelling
of the owner or occupant), 50 feet from the site boundary and 164
feet from a public road.
e.
Farm Animal feed must be properly stored in enclosed vessels,
and areas or enclosures intended for the keeping of animals must
be properly cleaned and maintained to prevent odours from
spreading onto abutting properties.
f.
Farm Animals (with the exception of household pets) shall be kept
enclosed by fences or corrals, which may be non-opaque.
g.
Farm Animal enclosures or corrals shall maintain a minimum
setback distance of 164 feet from any dwelling unit (other than a
dwelling of the owner or occupant).
h.
Animal Keeping with Farm Animals may be allowed in association
with a Home Based Business.
2.39.2 Private Stables
(1)
Private stables for horses may be allowed as an Accessory Structure
subject to the following conditions:
a.
The maximum number of horses shall be 3.99 AU [3 horses] on a
minimum lot size of 5.0 acres of site area to a maximum of 20.0
acres and 10.64 AU [8 horses].
b.
The animal shelter (stable) and the manure storage area shall
maintain a minimum setback distance of 164 feet from any
dwelling unit (other than a dwelling of the owner or occupant), 50
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2.0 Zoning Regulations
feet from the site boundary and 164 feet from a public road.
c.
Horses shall be kept enclosed by fences or corral, which may be
non-opaque.
d.
Horse enclosures or corrals shall maintain a minimum setback
distance of 164 feet from any dwelling unit (other than a dwelling
of the owner or occupant).
2.39.3 Equestrian Establishments
(1)
Equestrian Establishments may be allowed as a Home Based Business
subject to the following conditions:
a.
A maximum of three non-resident employees shall be permitted
on site.
b.
The hours of operation must be limited to between 9:00 am and
6:00 pm; six (6) days a week.
c.
Students may attend the home based business only six (6) days a
week.
d.
Not more than three (3) students for every one (1) horse may
attend at one time.
e.
There shall be no signage, other than a non-illuminated sign of
less than 16 square feet in size, to indicate to persons outside that
any part of the dwelling is being used for a purpose other than
residential.
f.
The requirements of Private Stables shall apply.
2.39.4 Livestock Operation Uses, 10 AU > 299 AU
(1)
Livestock operations greater than 10 AU and less than 299 AU shall:
a.
Meet the separation distances as stipulated in the criteria outlined
in the Table 3: Minimum Separation Distances for Siting Livestock
Operations. Mutual separation distances to dwelling units will be
measured to the building itself; and separation distances to
designated areas will be measured to the boundaries of the
designated areas found in the Development Plan, not the buildings
within.
b.
Be subject to the following measures to reduce odours from the
operation:
i.
covering manure storage facilities; and
ii.
the establishment of shelterbelts.
c.
Enter into a development agreement regarding one or more of
the following:
i.
the timing of construction;
ii.
the control of traffic;
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iii.
the construction and maintenance of roads, fencing,
landscaping drainage works, shelterbelts; or
iv.
the payment of a sum of money to the board or council to
be used by the Board to construct any of the items
mentioned above.
2.39.5 Livestock Operation Uses, Large Scale +300 Animal Units
(1)
In addition to the above, an application for the conditional use approval
of a livestock operation involving 300 or more animal units (cumulative
across species) in an Agricultural Zone shall:
a.
Be sent to the Minister for referral to the Technical Review
Committee for review.
b.
Be subject to the measures to implement the recommendations of
the Technical Review Committee.
2.39.6 Designated Areas
(1)
For the purposes of this By-law, the designated areas for the separation
distances in Table 4 shall be:
a.
Urban Policy Areas, Tourism Policy Areas, and Rural Residential
Policy Areas as identified in the Tri-Roads Development Plan By-
law 18-01-18.
b.
Riding Mountain National Park, Gamblers and Waywayseecappo
First Nations Reserves, and Asessippi Provincial Park as identified
in the Tri-Roads Development Plan By-law 18-01-18.
c.
The Regional Water Treatment Plant (WTP) in Russell and the wells
that provide the raw water at SE-16-21-27W.
d.
Lake of the Prairie, and the Assiniboia River as identified in the Tri-
Roads Zoning By-law 18-02-18 Maps
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2.39.7 Table 3: Animal Units by Category of Livestock
Animal
Type
Animal Units (AU)
Produced by One
Animal
Number of Animals to
Produce One AU
(a) Dairy
Milking Cows, including
associated livestock
2
0.5
(b) Beef
Beef Cows, including
associated livestock
1.25
0.8
Backgrounder
0.5
2
Summer pasture/
replacement heifers
0.625
1.6
Feeder Cattle
0.769
1.3
(c) Hogs
Sows, farrow to finish
1.25
0.8
Sows, farrow to
weanling
0.25
4
Sows, farrows to
nursery
0.313
3.2
Weanlings
0.033
30
Growers / finishers
0.143
7
Boars (artificial
insemination
operations).
0.2
5
(d) Chickens
Broilers
0.005
200
Roasters
0.01
100
Layers
0.0083
120
Pullets
0.0033
300
Broiler Breeder Pullets
0.0033
300
Broiler Breeder Hens
0.01
100
(e) Turkeys
Broilers
0.01
100
Heavy Toms
0.02
50
Heavy Hens
0.01
100
(f) Horses
Mares, including
associated livestock
1.333
0.75
(g) Sheep
Ewes, including
associated livestock
0.2
5
Feeder Lambs
0.063
16
Source: Appendix 2, Provincial Planning Regulation 81/2011 THE PLANNING ACT (C.C.S.M. c. P80.
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2.39.8 Table 4: Minimum Separation Distances for Siting Livestock Operations
Size of Livestock
Operations in
Animal Units
(A.U.)
Separation Distance in Feet
From Dwelling Unit
Separation Distance in Feet
From Designated Areas
To Earthen
Manure Storage
Facility or
Feedlot
To Animal
Confinement
Facility and Non-
earthen Manure
Facility
To Earthen
Manure Storage
Facility or
Feedlot
To Animal
Confinement
Facility and Non-
earthen Manure
Facility
(a) 10-100
656
328
2,625
1,739
(b) 101-200
984
492
3,937
2,625
(c) 201-300
1,312
656
5,249
3,511
(d) 301-400
1,476
738
5,906
3,937
(e) 401-800
1,640
820
6,561
4,364
(f) 801-1600
1,968
984
7,874
5,249
(g) 1601-3200
2,297
1,148
9,186
6,135
(h) 3201-6400
2,625
1,312
10,499
6,988
(i) 6401-12,800
2,953
1,476
11,811
7,874
(j) >12,800
3,281
1,640
13,123
8,760
Source: Appendix 1, Provincial Planning Regulation 81/2011 THE PLANNING ACT (C.C.S.M. c. P80.
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3.0 Parking, Loading, and Signage
3.0 Parking, Loading, and Signage
3.1
Minimum Parking Requirements
(1)
Accessory off-street parking spaces shall be provided according to the
minimum number of spaces as calculated for uses within the Zones and
Use Categories indicated in Table 5 by taking the number of units for
residential uses; the number of classrooms; or the floor area and
multiplying by the required number of parking stalls.
(2)
All accessory off-street parking spaces shall be located on the same site
as the principal use, unless specifically permitted to locate elsewhere.
(3)
There are no parking requirements for zones or land-uses not included
in Table 5.
3.1.1
Table 5: Required Parking Stalls
Zone
Required Parking Stalls
IN
(a) Elementary School: 1.5 per classroom (includes portables)
(b) Secondary School: 4 per classroom (includes portables)
(c) Other Educational: 3.4 per 1,075 square feet of gross floor area
(d) Hospitals: 1 per 1,075 square feet of gross floor area
(e) Community Care Facilities and Nursing and Residential Care Facilities: 0.25 per
sleeping unit or 4 beds plus 1 per 1,075 square feet of floor area used for medical,
health or personal services
RR
(f) 1 per unit
R1
(g) 1 per unit
R2
(h) 1 per unit for 2 units or less
(i) 0.66 per unit for 3 units
(j) 0.8 per unit for 4 units
R3
(k) 1 per unit for 2 units or less
(l) 0.66 per unit for 3 units
(m) 0.8 per unit for 4 units or more
(n) Community Care Facilities and Nursing and Residential Care Facilities: 0.25 per
dwelling unit or per sleeping unit, plus 1 per 1,075 square feet of floor area used for
medical, health or personal services
EL
(o) 0.8 per 1,075 square feet of gross floor area
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3.1.2
Existing Use
(1)
Where an existing building is enlarged or altered, or a change in use
occurs that results in a more intensive use, adjustments for parking shall
be made accordingly.
(2)
Where a building or use lawfully existed before enactment of this Zoning
By-law, the existing provision of parking spaces shall not be affected by
enactment of this zoning unless a change as per (a) above occurs, at
which time adjustments for parking spaces shall be made according to
the requirements contained herein.
3.1.3
Parking Requirements Based on Floor Area
(1)
Where parking requirements are based on the "floor area" of the use,
the term "floor area" in this section means the gross floor area of the
principal building, excluding:
a.
Any area used for parking within the principal building;
b.
Any area used for incidental service storage, mechanical
equipment, or similar uses;
c.
Any area used for bicycle parking; and
d.
Residential dwelling units.
3.1.4
Minimum Visitor Parking
(1)
Visitor parking shall be provided for the following:
a.
Apartment dwelling, Multiple attached dwelling, Stacked dwelling,
Bungalow clusters, and Bungalow courts with 14 or more dwelling
units on one lot shall provide a minimum visitor parking of 0.3
spaces per dwelling unit.
b.
Community Care Facilities and Nursing and Residential Care
Facilities where the minimum visitor parking shall be 0.2 spaces
per dwelling unit or for every 4 sleeping units when there are 14 or
more required parking stalls.
3.2
Parking Reductions
The following may be used to reduce the required number of parking spaces:
3.2.1
Main Streets and Heritage Resource Uses
The areas designated Main Streets in the Development Plan; and buildings,
structures or land-uses identified as Heritage Resource Uses may reduce the
required parking spaces as follows:
(1)
When any building, structure, or use in existence prior to the adoption
of this By-law is subsequently damaged or destroyed, and is
reconstructed, re-established, or repaired, the accessory off-street
parking or loading spaces maintained at the time of such damage or
destruction may be restored or continued in operation.
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3.0 Parking, Loading, and Signage
(2)
When a new use commences in an existing building, no additional
parking is required.
(3)
When a new building is erected or an existing building's gross floor area
is expanded, no additional parking is required.
(4)
When a new building is erected on a parking area in existence at the
time of this By-law the former land users dependent on said parking
area shall not be required to meet the minimum parking requirements
and shall not need to provide any new parking areas.
(5)
Parking, loading, and service areas shall be located to the rear of the
rear wall of the principal building.
(6)
Where a surface parking area abuts a public road in a corner lot or a
public road, the owner must screen the perimeter of the service area or
parking spaces from public view with an opaque fence and shrubs
(minimum mature height of 3 feet) planted one every 2 feet on centre in
a 4 foot wide planting bed which extends the length of the parking area
public road frontage.
(7)
Where, because of conditions not conducive to good horticultural
practices, a screen planting cannot reasonably be expected to survive,
the Development Officer shall require a masonry wall, wood fence or
earth berm, or combination thereof, to be substituted for the
requirements above.
(8)
Except as otherwise provided in this section, all development,
redevelopment, expansion, demolition, signage or exterior alteration of
parking areas and principal buildings visible from public rights-of-way is
subject to Site Plan Approval by the Development Officer, as provided
in this section, prior to commencement.
3.2.2
Combination of Uses
(1)
Where more than one type of principal use is located within a single
building (for example: retail and service uses in a hotel or office
building, or offices combined with warehousing uses), the number of
parking spaces required is reduced to 80 percent of the aggregate of
the accessory off-street parking spaces required for each use established
on the zoning lot.
3.2.3
Tandem Parking
(1)
Required parking for residential uses in any zone may be provided as
Tandem Parking.
(2)
Tandem Parking is allowed for uses in Industrial and Institutional zones.
(3)
Tandem Parking may include garage and a driveway leading to a
garage.
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3.0 Parking, Loading, and Signage
3.2.4
Shared Parking
(1)
Shared parking may be considered for approval by the Development
Officer to meet parking requirements, with the following criteria:
a.
The alternate site is within a 300 foot walking distance of the main
pedestrian entrance access of the building.
b.
The total supply of parking on the subject and alternate site meets
the parking needs for both sites.
c.
The alternate site is available for a time period equal to that of the
approved uses.
d.
Shared parking spaces when located on zoning lots containing
dwellings other than Apartment dwellings, must be located behind
the rear wall of the principal building.
3.2.5
Bicycle Parking
(1)
Bicycle parking may substitute for up to 15 percent of required parking.
For every five non-required bicycle parking spaces the motor vehicle
parking requirement is reduced by one space. Existing parking areas
may be converted to take advantage of this provision.
3.2.6
Motorcycle Parking
(1)
Motorcycle parking may substitute for up to 10 spaces or 5 percent of
required motor vehicle parking, whichever is less. For every 5
motorcycle parking spaces provided, the motor vehicle parking
requirement is reduced by 2 spaces. Each motorcycle space must be at
least 4 feet wide and 8 feet deep. Existing parking may be converted to
take advantage of this provision.
3.3
Parking Stall Widths and Lengths; and Aisle Specifications
(1)
All off-street parking areas and spaces and below grade parking areas
and spaces shall be designed, constructed and maintained in
accordance with Table 6 and the following provisions:
a.
Each regular or angled parking space shall have a minimum width
of 8 feet and a minimum length of 20 feet, and shall be visibly
designated and marked except:
i.
Parking stalls abutting side-by-side with a fence, property
line or wall shall be a minimum of width of 10 feet.
ii.
A maximum of 25 percent of the total number of parking
stalls without direct access to a public lane for non-
residential uses, and a maximum of 33 percent of the total
number of parking stalls without direct access to a public
lane for multi-family residential uses, may be reduced in
length to 16 feet and designated for small cars only.
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3.0 Parking, Loading, and Signage
b.
Each parallel parking space shall have a minimum width of 8 feet
and a minimum length of 23 feet.
c.
Driveways used for ingress and egress hall be clearly marked.
3.3.1
Barrier-Free Parking Spaces
(1)
Barrier-Free parking spaces shall be provided for all land-uses [except
for AO - Agriculture Operations, RR, R1, R2 and TRC] when vehicle
parking is being provided voluntary with 11 or more parking stalls; or as
a requirement under this By-law.
3.3.2
Table 6: Parking Stall Widths and Lengths; and Aisle Specifications
Angle of Parking
Spaces
Parking Space Width
(Minimum)
Parking Space Length
(Minimum)
Aisle Width
(Minimum)
(a) 61° - 90°
8 feet
20 feet
20 feet
(b) 46° - 60°
8 feet
20 feet
18 feet
(c) Less than 45°
8 feet
20 feet
12 feet
(d) Parallel
8 feet
23 feet
10 feet
Figure 7: Parking Stall and Aisle Way Dimensions, Angled
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3.0 Parking, Loading, and Signage
Figure 8: Parking Stall and Aisle Way Dimensions, Parallel
Figure 9: Parking Stall and Aisle Way Dimensions, 90o
(2)
The provision of barrier-free parking spaces shall be counted towards
the required number of parking spaces when vehicle parking is required
as per this By-law.
(3)
The number of barrier-free parking spaces shall be in accordance to the
minimum number of spaces specified by Table 7.
(4)
Each barrier-free parking space shall have a minimum width of 12 feet
and a minimum length of 20 feet.
(5)
Barrier-free parking spaces shall be located within 200 feet of the
principal building's main entrance normally used by employees, or the
public.
(6)
Barrier-free spaces must be clearly marked and reserved for the
exclusive use of people with mobility issues.
(7)
At least 1 curb ramp must be located within 200 horizontal feet of the
auto parking space closest to each entrance to a principal or accessory
building that is not a service entrance.
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3.0 Parking, Loading, and Signage
(8)
If two adjacent spaces are designated for barrier-free, then the total
width of both spaces together shall be 20 feet if a 4 foot aisleway
separates the two spaces.
(9)
For every fifty (50) parking stalls in a parking area, there shall a barrier-
free parking stall to service a van that should be eight (8) feet in width
with an abutting eight (8) foot wide aisleway on the driver side.
3.3.3
Table 7: Parking Stall Widths and Lengths; and Aisle Specifications
Capacity of Public Parking Area
(Number of Parking Spaces)
Minimum Number of Barrier-Free Parking
Spaces
(a) 1-10
0
(b) 11-25
1
(c) 26-50
2 [one being van accessible]
(d) 51-75
3 [one being van accessible]
(e) 76-100
4 [two being van accessible]
(f) More than 100
3% total a maximum of 10 spaces with 5 being
van accessible
Figure 10: Accessible Parking Stall and Walk Aisleway Dimensions
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3.0 Parking, Loading, and Signage
3.4
Parking and Storage of Boats, Recreational Vehicles and Trailers
Parking and storage of boats, recreational vehicles, trailers and similar vehicles shall
be permitted in any zone subject to the following provisions:
(1)
The regulations of this section do not apply to any recreational vehicles
or trailers parked or stored within a campground.
(2)
The regulations of this section do not apply to any boats or trailers
parked or stored within a marina, or boat sales or commercial storage,
or in conjunction with any permitted dock, boat house or boat port on
the same lot.
(3)
Boats, recreational vehicles, trailers or similar vehicles shall not be
parked or stored long-term in any commercial zone, unless commercial
storage or commercial sales are permitted.
(4)
Boats, recreational vehicles, trailers or similar vehicles shall not be
parked or stored long-term in any portion of a front yard excluding lots
fronting on a navigable water way.
(5)
Boats, recreational vehicles, trailers or similar vehicles may be parked or
stored in a garage in a residential zone.
(6)
Boats, recreational vehicles, trailers or similar vehicles shall be parked or
stored in an interior side or rear yard provided that the boat,
recreational vehicle, trailer, or similar vehicle is set back a minimum of 2
feet from any lot line, and the line dividing the side yard from the front
yard, and shall be visually buffered from the view of a public road and
abutting properties.
(7)
Any recreational vehicle or trailer shall not be occupied while parked or
stored on a residential zoned lot.
(8)
Any number of boats, recreational vehicles, trailers or similar vehicles,
together not exceeding a total length of 36 feet may be stored in an
interior side or rear yard in any residential, rural residential or rural zone,
provided that the boat(s), recreational vehicles or trailers being stored
are setback a minimum of 2 feet from any lot line and the line dividing
the side or rear yard from the front yard.
(9)
Notwithstanding any other provision in this Zoning By-law, boats,
recreational vehicle and trailer storage shall be permitted in a driveway
for Single Detached, Semi-detached, Duplex and Triplex Dwellings only
between May 1st and October 31st, excluding the Corner Lot Sight
Triangle Area.
3.5
Parking and Storage of Large Vehicles in Residential Zones
(1)
A maximum of one (1) large vehicle may be parked or stored in a R1, R2, or
R3 zone, provided that the large vehicle has a Gross Vehicle Weight Rating
(GVWR) between 10,001 pounds and 19,500 pounds, and the large vehicle
is operated by the resident of the associated dwelling unit on the lot.
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3.0 Parking, Loading, and Signage
(2)
Within the Rural Residential zone, one (1) licensed motor vehicle with a
maximum gross vehicle weight rating (GVWR) of between 10,001
pounds and 33,000 pound is allowed on the lot provided that the truck:
a.
Is parked further from the public road than the front wall of the
structure;
b.
Is either parked in an enclosed structure or shielded from view
from adjacent properties through the use of landscaping; and
c.
The width of the driveway, or any area dedicated to off-street
parking on the premises, shall not exceed 40 percent of the width
of the front lot line.
(3)
Within the Rural Residential zone, a maximum of two (2) school buses
which are operative and currently licensed may be parked on the lot and
not counted towards the total number of vehicles allowed on the site
provided that the school bus:
a.
Is parked further from the public road than the front wall of the
structure;
b.
Is either parked in an enclosed structure or shielded from view
from adjacent properties through the use of landscaping; and
c.
The width of the driveway, or any area dedicated to off-street
parking on the premises, shall not exceed 40 percent of the width
of the front lot line.
3.6
Parking and Storage of Unlicensed Motor Vehicles
(1)
Unless otherwise specifically permitted in this By-law, the parking,
storing or locating of abandoned, wrecked or discarded motor vehicles;
and motor vehicles without current license plates is prohibited in
residential zones, except that:
a.
Motor vehicles may be stored inside a private garage.
b.
One such vehicle may be stored in a screened area not visible
from any public road or adjacent lot.
c.
Seasonal vehicles, necessary for lawn care and winter maintenance
are permitted.
d.
Boats, recreational vehicles, trailers or similar vehicles as
prescribed elsewhere in this Zoning By-law.
3.7
Parking Standards for Residential Zones
(1)
Motor vehicle parking on residential zoned lots with dwelling units,
except for Apartment dwellings, must meet the following requirements:
a.
Motor vehicles may be parked on a driveway:
i.
in the front yard leading to a parking space inside an
attached garage;
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3.0 Parking, Loading, and Signage
ii.
in the front yard leading to a parking space in the side yard
next to the principal building leading to a parking space or
detached garage; or
iii.
In the rear yard as accessed directly from a public lane at the
rear of the dwelling.
b.
Vehicles shall not be parked on a driveway in a front yard leading
to the front of a principal building.
c.
A maximum of 2 vehicles may be parked on a driveway in the front
yard leading to a parking space in the principal building or in a
side or rear yard; or a maximum of 4 vehicles, provided they are
parked in tandem.
(2)
Motor vehicle parking on residential zoned lots with Apartment
dwellings must meet the following requirements:
a.
A surface parking area having eight or more parking spaces and
which is visible from an abutting public right-of-way, the perimeter
of the parking area shall be screened from public view with an
opaque fence or shrubs (minimum mature height of 2.5 feet)
planted one every 2 feet on centre in a 3 foot wide planting bed
which extends the length of the parking area public road frontage.
b.
Where, because of conditions not conducive to good horticultural
practices, a screen planting cannot reasonably be expected to
survive, the Development Officer shall require a masonry wall,
wood fence or earth berm, or combination thereof, to be
substituted for the requirements above.
(3)
Parking spaces in R1, R2, and R3 Zones may be accessed directly from a
rear public lane, and the public lane considered as an aisleway for the
parking space.
(4)
The following provisions shall apply to residential uses that are
permitted in the Residential Zones in this By-law:
a.
Driveways shall be permitted subject to other provisions of the
Zoning By-law and subject to the approval of an entrance permit
application by the Municipality.
b.
The maximum width of driveways shall be 20 feet in R1 and R2.
c.
The maximum width of any abutting shared driveways along a
common lot line shall be 30 feet.
d.
The maximum width of a driveway cannot exceed 40 percent of
the lot frontage, or 32 feet, whichever is less in the RR and R3
zones.
e.
The minimum separation distance of 50 feet shall be required
between two driveways on one lot.
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3.8
Parking Standards for Single and Semi-detached, Duplex,
Triplex and Quadplex Dwellings
(1)
The parking accessory to Single Detached, Semi-detached, Duplex and
Triplex Dwellings shall be limited to a maximum of 6 passenger vehicles,
which shall be substituted when any of the following is also parked on
the site:
a.
A maximum of 1 travel trailer or 1 motor home; or 1 recreational
vehicle; and
b.
A maximum of 1 truck having a registered gross vehicle weight
between 10,001 pounds and 19,500 pounds; or
c.
A maximum of 1 truck with a registered gross vehicle weight greater
than 10,001 pounds and less than 33,000 pounds where permitted
in the underlying zoning.
3.9
Parking Standards for Non-Residential Zones
(1)
Motor vehicle parking non-residential zoned lots must meet the
following requirements:
a.
A parking area having eight or more parking spaces and which is
visible from an abutting fronting or flanking public right-of-way on
a corner lot, the perimeter of the parking area shall be screened
from public view with an opaque fence or shrubs (minimum mature
height of 3 feet) planted one every 2 feet on centre in a 4 foot
wide planting bed which extends the length of the parking area
public road frontage or flankage except where motor vehicles
access the parking area via a driveway or rear public lane.
b.
Where, because of conditions not conducive to good horticultural
practices, a screen planting cannot reasonably be expected to
survive, the Development Officer shall require a masonry wall,
wood fence or earth berm, or combination thereof, to be
substituted for the requirements above.
c.
Parking spaces in CM Zones may be accessed directly from a rear
public lane, and the public lane considered as an aisleway for the
parking space.
3.10 Outside Vehicle Display Areas
(1)
If a surface parking area is used as a vehicle display area for the
exhibition, sale, or rental of automobiles, light trucks, motorcycles,
boats, recreational vehicles, off-road vehicles, or similar items, the owner
must comply with the following additional provisions. In the event of a
conflict between these provisions and other provisions of this By-law,
these provisions shall prevail:
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a.
A minimum two (2) foot setback from the property line must be
maintained when abutting a public right-of-way or an adjacent
property.
b.
A wheel stop must be installed with a minimum of 2.5 feet setback
minimum from the property line when abutting a public right of
way. The intent is to prevent vehicle overhang onto public right of
ways or sidewalks. Bollards can be used as an alternative, which
may allow better pedestrian circulation.
c.
All outdoor vehicle display areas that abut a Residential Zone shall
be obscured from direct view by providing a visual screen at least
4 feet in height
d.
The size, location, screening and landscaping of the outdoor
vehicular display areas for Automotive and Minor Recreational
Vehicle Sales/Rentals shall be subject to the approval of the
Development Officer, who shall ensure that development of the
site is compatible with the appearance of site design of
surrounding developments.
3.11 Outside Storage
(1)
No rubbish, salvage materials, junk, hazardous waste materials,
including inoperable vehicles and parts thereof and any combustible
matter shall be openly stored, allowed to accumulate or kept in the
open unless the underlying zoning allows for such a use and the outside
storage is screened from view from any public roadway, and from
adjacent sites, by building walls, landscape materials, berms, fences or a
combination of these.
(2)
A portion of a site or an entire site with storage of goods or vehicles
outside of enclosed structure shall be surrounded by a fence of solid
opaque materials of not less than 6.60 feet and up to a maximum height
of 8.00 feet where such property abuts or is adjacent to a residential
zone when the underlying zoning allows outside storage.
(3)
If an outside storage area is used only for outside storage, and not for
operations and maintenance related to the principal use or structure, the
outside storage area must be located to the rear of a line adjacent to
and parallel with the front wall of the principal building.
(4)
If the outside storage area is also used for operations and maintenance
related to the principal use or the structure, then the outside storage
area must be located to the rear of a line adjacent to and parallel with
the rear wall of the principal building.
(5)
Outside storage of sand, gravel, soil, or other loose aggregate is
prohibited within 300 feet of the boundary of any residential zoning
district.
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(6)
Outside storage areas shall be surfaced with the same or similar material
of the public right-of-way to which the outside storage area takes access
from.
(7)
When outside storage areas are gravel surfaces, the gravel surface shall
be treated with bio-degradable herbicide and dust inhibitor to limit the
generation of weeds and dust, and shall be maintained thereafter to the
satisfaction of the Development Officer.
(8)
Outside storage is not permitted in any required yard setbacks.
(9)
All loading, service, garbage and recycling, outside storage areas, and
approach aprons in industrial and commercial zones shall be located to
the rear or sides of the principal building, and shall be screened from
view from any public roadway, and from adjacent sites, by building walls,
landscape materials, berms, fences or a combination of these.
(10) The size, location, screening and landscaping of the outdoor storage
areas for a principal or accessory use shall be subject to the approval of
the Development Officer, who shall ensure that development of the site
is compatible with the appearance of Site design of surrounding
developments.
3.12 Outside Storage of Hazardous Uses [Dangerous Goods]
(1)
No commercial-related or industrial-related dangerous goods, including
Anhydrous Ammonia Facilities, shall be stored in significantly large
quantities in a location within the following Measurement of Distances:
a.
5,000 feet from the lot line of with any building that has under the
Manitoba Building Code or the Manitoba Fire Code, an
Occupancy Class of Group A (Division 1, 2, and 3); Group B
(Division 1, 2, and 3), and Group C.
b.
5,000 feet from the Regional Water Treatment Plant (WTP) in
Russell, and the wells that provide the raw water;
c.
5,000 feet from the boundaries of an Urban Policy Area, Tourism
Policy Areas, Rural Residential Policy Areas, Natural Lands Policy
Areas, Riding Mountain National Park, Gamblers and
Waywayseecappo First Nations Reserves, Asessippi Provincial Park
and the water bodies designated and as defined in the
Development Plan;
d.
1,640 feet from a building with habitable spaces; and
e.
300 feet from the edge of the rights-of-way of Provincial Trunk
Highways, Provincial Roads as well as all Provincial Access Roads.
(2)
In this section, the Measurement of Distances means the distance is to
be measured from:
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a.
The dangerous goods storage container to the boundary of the
designated areas; or
b.
When applicable, the dangerous goods storage container to the
nearest residential, commercial, institutional or industrial building.
(3)
For sites that do not meet separation requirements above, the operators
must engage annually with the Development Officer regarding
emergency preparedness sessions, and any further expansion or
enlargement shall require a conditional use.
(4)
Notwithstanding other provisions of this by-law, all sites with the outside
storage of dangerous goods shall be encircled with a minimum 6.6 foot
high chain link fence with three strands of barbed wire, and shall provide
means of emergency egress and be locked when the site is not in use.
(5)
All sites with the storage of dangerous goods shall have some form of
outdoor security lighting.
(6)
All sites with the storage of dangerous goods must be posted with a
Dangerous Goods warning signage approximately 16 to 32 square feet
in size and located at the entrance to the storage operation that
includes the following:
a.
Warn of the presence of dangerous goods.
b.
The hazard class of dangerous goods is indicated either by its class
(or division) number or name.
c.
24 hour contact for the company.
d.
24 hour contact for emergency services.
e.
Nearest Location of a publicly available phone.
3.13 Loading Space Requirements
(1)
Any non-residential use or building, shall provide and maintain on the
same lot as the permitted use, facilities comprised of one (1) or more off-
road loading spaces in accordance with the provisions outlined in this
Section and in Table 8.
3.13.1 Table 8: Required Loading Spaces
Use
Minimum Number of Loading
Spaces Required
All Non-Residential Uses
(Gross Floor Area)
(a) 0 - 10,000 ft2
0
(b) 10,001 - 25,000 ft2
1
(c) 25,001 - 80,000 ft2
2
(d) Over 80,001 ft2
3
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3.13.2 Loading Space Regulations
(1)
All loading spaces shall be designed, constructed and maintained in
accordance with the following provisions:
a.
Each loading space shall have a minimum width of 10 feet, a
minimum length of 30 feet and a minimum vertical clearance of 14
feet, and each space shall be visibly designated and marked.
b.
Driveways used for ingress and egress shall be clearly marked.
c.
Loading spaces shall not be located within any required front or
exterior side yards, and shall not overlap with any required parking
spaces, drive ways, or aiselways.
d.
Where a loading space is located in any yard abutting a residential
zone, the loading space(s) must be screened from the roadway or
the residential zone by an opaque fence or hedgerow of at least
6.5 feet in height, except within the corner sight triangle area.
3.14 Surfacing of Parking and Loading Areas
(1)
All accessory off-street parking and loading areas, including the
entrances and exits, aisleways and maneuvering areas, shall be
maintained with a stable hard surface, such as crushed stone, gravel,
crushed brick or tile, cinders, paving stones, asphalt or concrete.
(2)
Off-street parking and loading spaces provided in front of the principal
building shall have the same or similar hard surfacing as the abutting
public right-of-way the site abuts.
(3)
Off-street parking when a Parking Lot, shall have the same or similar
hard surfacing as the abutting public right-of-way the site abuts.
(4)
When off-street parking and loading spaces are gravel surfaces, the
gravel surface shall be treated with biodegradable herbicide and dust
inhibitor to limit the generation of weeds and dust, and shall be
maintained thereafter to the satisfaction of the Development Officer.
3.15 Drive-Through Facility
(1)
Where a drive-through facility is allowed, off-street motor vehicle
queuing spaces must be provided for that drive-through facility leading
both to and from each service bay, window, kiosk or booth for the uses
specified and at the rate set out in Table 9.
(2)
All drive through facilities and queuing spaces shall be designed, constructed
and maintained in accordance with Table 9 and the following provisions:
a.
Each queuing space shall be a minimum of 10 feet in width and 18
feet in length.
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b.
No queuing line, drive-through window or order board may be
located within 10 feet of any lot line abutting a residential zone.
c.
Where a queuing line, drive-through window or order board is
located 10 feet or more from a residential zone, but is still within a
yard abutting a residential zone, it must be screened from view
from that residential zone by an opaque screen of fencing or
hedges with a minimum height of 5 feet.
3.15.1 Table 9: Required Loading Spaces
Use
Minimum Queuing Space
Measured From
(a) Car Wash -Automatic
3
2 before the entrance to wash,
plus one between vehicle exit from
each bay and the point of vehicle
egress to the public road
(b) Car Wash - Self Service
2 per bay
One before the entrance to each
bay, plus one between vehicle exit
from each bay and the point of
vehicular egress to the public road
(c) Finance and Insurance with
automated teller machine
(ATM)
3 before each ATM // One
after each ATM
Teller window or ATM
(d) Restaurant with drive-through
facility
6 per order line
3 before order box
3 between order box and pick-up
window
(e) Other uses with accessory
drive-through facility
2
Pick-Up Window
3.16 Signage Regulations
The following provisions shall apply to all signs erected or maintained within the
area covered by this Zoning By-law, except wherein otherwise stated:
(1)
Signs and sign structures may be allowed as accessory uses in accordance
with Table 10.
(2)
All signs shall comply with the minimum yard setback requirements for
accessory signs as provide in this Zoning By-law for the zoning district in
which the signs are to be located or erected.
(3)
Billboards and other signs directing attention to a business, commodity
or message offered elsewhere than upon the same zoning lot on which
that sign is located may only be allowed in zones where Advertising
Signs are allowed. Such signs must also be constructed in accordance
with Table 9, and subject to the issuance of a development permit.
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(4)
No sign or sign structure shall be erected at any location where it may
interfere with or obstruct the view of any public road, intersection or
railroad grade crossing, or be confused with any authorized traffic sign,
signal or device. No rotating beam, beacon or flashing illumination
resembling an emergency light shall be used in connection with any sign
display.
(5)
No sign may contain flashing lights or digital images unless specifically
allowed in Table 10. All signs with flashing lights or digital images are
prohibited within 100 feet of Residential Zones.
(6)
No sign or sign structure shall be erected or maintained on, over or
above any land belonging to the Municipality without a development
permit, unless expressly permitted in this Zoning By-law and in
accordance with the conditions of such permission as set out in this
Zoning By-law.
(7)
The placing of signs within the controlled areas of a Provincial Road or
Provincial Trunk Highway shall require a permit from the applicable
provincial authority.
(8)
All signs and sign structures shall be kept in good repair and in a proper
state of preservation.
(9)
All signs and sign structures shall be conditional uses in the CM Zone.
Abandoned Signs
(10) Signs which have become obsolete because of discontinuance of the
operation or activity or are not maintained in good condition or repair or
have become abandoned signs, shall be repaired, removed or relocated
within 30 days following notice by the Development Officer.
(11) No sign shall obstruct a require parking space, or impedes any fire
escape, fire exit, functional door, false door, functional window, false
window, scuttle, skylight, flue or air intake or exhaust so as to prevent or
impede the free access of emergency personnel to any part of premises
including fire department Siamese connections and fire hydrants.
3.16.1 Signs Not Requiring a Development Permit
The following signs shall not require a development permit. However, they must still
comply with any applicable standards in this By-law:
(1)
Signs posted by duly constituted public authorities in the performance
of their public duties.
(2)
Identification signs for Place of Worship, Elementary and Secondary
Schools, Community Centre, Child Day-Care Services, Community
Gardens and Waste Disposal Grounds that do not exceed 32 square
feet per site.
(3)
Flags or emblems of a national, provincial, political, civic, educational or
religious organization, or government.
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(4)
Commemorative or memorial signs, tablets, or cairns.
(5)
Public information signs.
(6)
Temporary signs not erected for not more than 30 consecutive days that
are non-illuminated and less than 32 square feet include: community
special events, public information signs, real estate signs, construction
signs, garage sale signs and similar located, erected or displayed with
the consent of the property owner.
(7)
Election signs during Federal, Provincial, Municipal, and School Board
election periods and up to 7 days after the election date.
(8)
Window signs, unless such signs occupy more than 50 per cent of a
window surface (calculated between mullions) on any facade of the
principal building in which case they are treated like a fascia sign.
(9)
Mural signs.
(10) Awning signs with signage incorporated in the design or awning
material.
(11) Residential on-site identification signs [Building Address Sign] or
warning signs (such as "Private Property" signs and similar) not
exceeding two (2) square feet each in surface area.
(12) Signs as regulated and provided under Home Enterprises that identify a
home occupation or a home based business on a private property or
premises.
(13) Signs required for direction and convenience of the public, including signs
identifying restrooms, parking entrances, loading areas not exceeding 5
feet in sign surface area to a maximum 6 feet above the curb or grade.
(14) Warning signs for Dangerous Goods provided the sign surface area
does not exceed 32 square feet.
3.16.2 Accessory Signs
(1)
The owner may erect and maintain accessory signs, except billboards, to
all sites and uses other than residential zones and the TRA Zone subject
to the following standards:
Location
(2)
Each free-standing accessory sign must be set back from each side lot
line of an adjoining use a distance equal to at least 50 percent of the
height of that sign; setback from the front lot line to at least 50 percent
of the height of that sign; and shall not project into the required setback
for corner lot triangles and Setbacks for Commercial or Industrial Near
Residential Land-Uses.
Roof Signs
(3)
Roof signs, other than signs on mansard style roofs, are not permitted.
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On mansard roofs, roof signs may be attached to the sloping portions of
the roof, but must not extend beyond the parapet height, and must not
be located on the horizontal portion of the roof.
Fascia Signs
(4)
Fascia signs may have an emblem, logo, or other unique features
projecting above the building wall if the sign projection is not more than
2 feet above the building wall or parapet wall and the total projection
does not exceed 25 square feet. The area of the projection must be
counted towards the total sign area allowed.
Freestanding Signs
(5)
Up to 10 percent of the maximum permitted sign area of any
freestanding sign may be installed on the support structure for the sign
face.
Projecting Signs
(6)
The minimum height above-grade to the bottom edge of projecting
signs must be 9 feet.
Billboard Poster Signs
(7)
A billboard poster sign must not face an abutting or adjacent residential
use unless the billboard sign is not visible from the abutting or adjacent
residential use.
(8)
If the billboard poster sign is attached to a building or is free standing
within 5 feet of a building, the maximum permitted height of the
billboard sign is the height of the building wall.
(9)
The maximum height of a billboard poster sign shall be 30 feet and the
maximum sign surface area shall be 200 square feet.
(10) A billboard poster sign is not considered in the calculations of Permitted
Surface Area per Zoning Lot for freestanding signs.
District-Specific Regulations
(11) All signs, accessory to any use, must be consistent with the standards
shown in Table 10, the first column indicates a zoning district or districts.
The second column indicates the sign type. The third and fourth
columns indicate dimensional requirements for each sign type. Signs
must comply with all dimensional standards applicable to the zoning
district where the property is located. Signs are not permitted for zones
or land-uses not included in Table 10 unless provided for elsewhere in
this By-law.
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Signs Attached to Building
(12) Signs "attached to buildings" include fascia signs, projecting signs,
awning signs, marquee signs, and canopy signs.
(13) Signs Attached to Building Sign surface area is calculated as follows:
a.
Sign surface area includes the entire area of the smallest rectangle
that encloses the extreme limits of any writing, representation or
emblem forming part of the display, and also includes 10 percent
of the area of the wall outside of that rectangle where a colour or
material is applied that is a colour or material in that fascia sign.
b.
Sign surface area does not include non-illuminated signs visible
through windows in the building facade, provided that such signs
do not exceed 30 percent of the glazed surface on any facade of
the building. Allowable window signage is not transferable to the
glazed surface on another facade of the building.
c.
In calculating wall area for purposes of determining maximum sign
surface area, only the first storey or 15 feet (whichever is lower) of
the building may be used. Allowable sign surface area is not
transferable to another wall.
Free-Standing and Mobile Signs
(14) Sign surface area is calculated as follows for free-standing and mobile
signs:
a.
Sign surface area includes the entire area of the smallest rectangle
that encloses the extreme limits of any writing or symbol,
background colour or material, and any embellishment of the
supporting structure forming part of the display; and
b.
Sign surface area includes the total area of all faces exhibited or
intended for display, except where two faces are parallel and
located back-to-back, sign surface area includes the area of only
one such face, and if the two parallel, back-to-back faces are not
equal, then the sign surface area is the larger of such faces.
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3.16.3 Table 10: District Specific Sign Regulations
Zone
Type
Maximum
Height
Permitted
Surface Area Per
Zoning Lot
Requirements
AO
Free-Standing
25 feet above
grade
128 ft2
Wall Sign
Wall Height
Maximum 25% of
building wall
Must not project more than 6.5 feet from
the wall to which the sign is affixed
AE, EH
Free-Standing
25 feet above
grade
323 ft2.
Not permitted in a required yard abutting
an R1, R2, R3 zone
Wall Sign
Wall Height
Maximum 25% of
building wall
Must not project more than 6.5 feet from
the wall to which the sign is affixed
OS, IN
Free-Standing
20 feet above
grade
96 ft2
Digital Reader
Board
20 feet above
grade.
16 ft2
Allowed only for elementary and secondary
schools, community centres, golf courses,
places of worship, Hospitals, Stadiums/
Arenas, and civic buildings
Must be turned off from
10:00 pm to 7:00 am every day of the week
Must utilize automatic dimming.
May be added to a 96 square foot Free
Standing Sign
Wall Sign
Wall Height
Maximum 25% of
building wall
Must not project more than 6.5 feet from
the wall to which the sign is affixed
OS, IN
Inflatable
18 feet maximum
height from grade
Only one inflatable sign shall be permitted
per site
Only allowed as a temporary sign that may be
displayed for no more than 15 days within a
6 month period
Must be setback 3 feet from front line, 15
feet from corner site lines, and 10 feet from
driveway entrances
CM
Free-Standing
8 feet above
grade
48 ft2 maximum
Wall Sign
Wall Height
10% of building
wall to a maximum
of 323 ft2
Must not project more than 5 ft from the
wall to which the sign is affixed
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Zone
Type
Maximum
Height
Permitted
Surface Area Per
Zoning Lot
Requirements
CH
Free-Standing
35 feet above
grade
323 ft2
Maximum of one sign per lot
Wall Sign
Wall Height
Maximum 25% of
building wall
Must not project more than
6.5 feet from the wall to which the sign is
affixed
Mobile Sign
10 feet above
grade
48 ft2 maximum
area for a single
face
Must not include any flashing lights
including digital
Maximum of one sign per lot
Only allowed to occupy one parking space
where there is no practical alternative
Erected for not more than 30 days during
each calendar year unless extended for an
additional 30 days with a Conditional Use
Must be setback 3 feet from front line, 15
feet from corner site lines, and 10 feet from
driveway entrances
Inflatable
18 feet maximum
height from grade
Only one inflatable sign shall be permitted
per site
Only allowed as a temporary sign that may
be displayed for no more than 15 days
within a 6 month period
Must be setback 3 feet from front line, 15
feet from corner site lines, and 10 feet from
driveway entrances
Billboard Poster
Signs
30 feet maximum
height from grade
Maximum sign
surface area shall
be 200 ft2
A billboard poster sign must not face an
abutting or adjacent residential use unless
the billboard sign is not visible from the
abutting or adjacent residential use
EL, EA
Free-Standing
8 feet above
grade
1.25 ft2 per foot
of frontage to a
maximum 323 ft2
Not permitted in a required yard abutting
an R1, R2, R3 zone
Wall Sign
Wall Height
Maximum 25% of
building wall
Must not project more than 6.5 feet from
the wall to which the sign is affixed
TRM
Free-Standing
8 feet above
grade
48 ft2 maximum area
for a single face
Wall Sign
Wall Height
Maximum 25% of
building wall
Must not project more than 5 feet from the
wall to which the sign is affixed
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3.16.4 Building Address Sign
This section shall not apply to agricultural operations except for single detached
dwellings associated with agricultural operations:
(1)
The address, unit number of every building (and the name of the
building, if applicable), or a lot and block number, shall be physically
attached to the building or otherwise posted on the subject property on
which the building is located, so as to be clearly visible from the public
road or private road on which the building is located. The address and
unit number of every building (and the name of the building, if
applicable), or a lot and block number shall not be included in any
calculations regulating sign surface areas.
(2)
Where a building is in a location that results in its number or name not
being clearly visible from the public road or private road on which it is
located, the number and name must be both attached to the building
and displayed in another form that is clearly visible from the pubic road
or private road.
(3)
Where more than one building is located on a subject property, the
requirement that the numbers and names be displayed in another form
that is clearly visible from the public road or private road may be met by
displaying the range of building numbers and names on that lot on
signage to be approved by the Development Officer.
(4)
The building numbers and names required to be attached or displayed
by this By-law must be of a colour that contrasts with the colour of the
structure to which they are attached so as to be clearly visible from the
public road or private road on which the building is located and of a
height as determined by and to the satisfaction of the Development
Officer.
(5)
Other numbers or names attached to any buildings on the properties
that could be confused with the address numbers or building names
should not occur.
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4.0 Provisions for Infill Residential Housing
4.0 Provisions for Infill Residential Housing
4.1
Accessory Dwelling Units
An Accessory Dwelling Unit (ADU) is a second dwelling unit created on a lot with a
single detached dwelling. The second unit is created auxiliary to, and is smaller
than, the main dwelling. ADUs can be created in a variety of ways, including
conversion of a portion of an existing single detached dwelling, addition to an
existing single detached dwelling, conversion of a portion of an existing garage,
conversion of an existing garage or the construction of an entirely new detached
accessory building.
4.1.1
Requirements For All Accessory Dwelling Units
(1)
All accessory dwelling units must meet the following:
a.
Location of entrances. Only one entrance may be located on the
facade of the single detached dwelling facing the fronting public
road, unless the single detached dwelling contained additional
entrances before the accessory dwelling unit was created. An
exception to this regulation is entrances that do not have access
from the ground such as entrances from balconies or decks; and
entrances that faces a flanking public road on a corner lot.
Detached accessory dwelling units are exempt from this standard.
b.
Parking. No additional parking spaces are required for the
accessory dwelling unit. Existing required parking for the single
detached dwelling must be maintained or replaced on-site.
c.
The minimum livable floor area for Accessory Dwelling Units shall
not be less than 320 square feet.
d.
Only one of a Secondary Suite, a Garage Suite or Garden Suite
may be developed in conjunction with a principal dwelling.
e.
Shall not be subject to separation from the principal dwelling
through a condominium conversion or subdivision.
(2)
Accessory dwelling units shall not be included in the calculation of
densities in this By-law.
4.1.2
Secondary Suites
An accessory dwelling unit may be constructed within and accessory to a Single
Detached dwelling, including an attached garage, subject to the following
standards:
(1)
The maximum livable floor area of the Secondary Suite shall be as
follows:
a.
Where a Secondary Suite is located completely below the first
storey of a Single Detached Dwelling (other than stairways or a
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common landing), the below grade floor area (excluding the area
covered by stairways) shall not exceed the ground floor area of the
associated principal dwelling.
b.
Where a Secondary Suite is developed completely or partially
above grade, the livable floor area (excluding the area covered by
stairways) shall not exceed 40 percent of the gross floor area of
the building containing the associated principal Dwelling, nor 800
square feet whichever is the lesser.
(2)
Must have an entrance separate from the entrance to the principal
dwelling, either from a common indoor landing, or directly from the side
or rear of the structure.
4.1.3
Garage Suites
An Accessory Dwelling Unit may be constructed above a detached Garage (above
grade); or a single-storey attached to the side or rear of, a detached Garage (at-
grade) that is accessory to a Single Detached dwelling, subject to the following
standards:
(1)
The maximum livable floor area of the Garage Suites shall be as follows:
a.
Where above a detached Garage, the livable floor area (excluding
the area covered by stairways) shall not exceed 640 square feet.
b.
Where attached to the side or rear of a detached Garage, the
livable floor area (excluding the area covered by stairways) shall
not exceed 530 square feet.
(2)
Must be located behind the rear wall of the principal building. For the
purpose of this regulation, the rear wall of the principal building is the
wall furthest from the wall with the facade facing the public road.
(3)
Detached accessory buildings with Garage Suites must meet the
development standards for detached accessory structures in this By-law,
except the above grade Garage Suites may be in an accessory building
with a maximum height of 22 feet.
(4)
Roof top decks and balconies, shall be allowed as part of a Garage Suite
developed above a detached Garage only where the deck or balcony
faces a lane or a flanking public road.
(5)
Windows contained within the Garage Suite portion of the detached
Garage shall be placed and sized such that they minimize overlook into
yards and windows of abutting properties through one or more of the
following:
a.
Off-setting window placement to limit direct views of abutting rear
or side yard amenity spaces, or direct view into a dwelling unit
window on an abutting site;
b.
Strategic placement of windows in conjunction with landscaping or
the placement of other accessory buildings; and
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c.
Placing larger windows such as living room windows, to face a
lane, a flanking public road, or the larger of any side yard abutting
another property.
(6)
Must have an entrance separate from the motor vehicle entrance to the
detached garage, either from a common indoor landing or directly from
the exterior of the structure.
(7)
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and
detached accessory buildings and structures, all of which shall be
maintained to the satisfaction of the Development Officer.
4.1.4
Garden Suites
An Accessory Dwelling Unit may be located in a detached accessory structure to a
Single Detached Dwelling, subject to the following standards:
(1)
The maximum livable floor area of the Garden Suite shall be 530 square
feet.
(2)
Must be located behind the rear wall of the principal building. For the
purpose of this regulation, the rear wall of the principal building is the
wall furthest from the wall with the facade facing the fronting public
road.
(3)
Detached accessory buildings with Garden Suites must meet the
development standards for detached accessory structures in this By-law.
(4)
Windows contained within the Garden Suite shall be placed and sized
such that they minimize overlook into yards and windows of abutting
properties through one or more of the following:
a.
Off-setting window placement to limit direct views of abutting rear
or side yard amenity spaces, or direct view into a dwelling unit
window on an abutting site;
b.
Strategic placement of windows in conjunction with landscaping or
the placement of other accessory buildings; and
c.
Placing larger windows such as living room windows, to face a
lane, a flanking public road, or the larger of any side yard abutting
another property.
(5)
Site Plan Approval shall be required by the Development Officer and the
Board, prior to the issuance of any building or development permits, for
the on-site locations and designs of accessory parking areas, private
approaches, garbage areas, fencing, landscaping, signage, and exterior
finishing materials for the construction of principal buildings and
detached accessory buildings and structures, all of which shall be
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maintained to the satisfaction of the Development Officer.
4.2
Conversion of Residential Buildings
(1)
Converted dwellings may be allowed to be created from a single
detached dwelling in the R1 zone into a Semi-detached dwellings,
Duplex dwellings, Triplex dwellings; or in the R2 zones zone into Duplex
dwellings, Triplex dwellings, Multiple attached dwelling, Stacked
dwelling, Rooming and Boarding Houses, or Community Care Facilities
subject to the following:
a.
The single detached dwelling shall have existed prior to the
passing of this By-law.
b.
Shall be subject to the provisions of the bulk standards of the
underlying zoning district for dwelling types and the parking
requirements.
c.
Shall only be located on a corner lot with direct access to a rear
public lane for parking subject to the requirements of the section
on Dwellings on Corner Lots.
d.
Site Plan Approval shall be required by the Development Officer
and the Board, prior to the issuance of any building or
development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas,
fencing, landscaping, signage, and exterior finishing materials for
the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.3
Dwellings on Corner Lots
(1)
Semi-detached dwellings, Duplex dwellings, and Triplex dwellings may
be allowed in R1 on corner lots subject to the following:
a.
Corner lots should have, where possible, two active frontages that
provide opportunities to have entrances on both sides.
b.
Each dwelling unit shall have a minimum livable floor area of at
least 800 square feet.
c.
The building's parking area should have direct access to a rear
public lane from which parking stalls can be directly accessed.
d.
The parking area shall have a minimum interior side yard of 2 feet,
and a minimum exterior side yard of 4 feet that shall provide
screening such as a fence or hedge a minimum of 3 feet in height.
e.
Site Plan Approval shall be required by the Development Officer
and the Board, prior to the issuance of any building or
development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas,
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fencing, landscaping, signage, and exterior finishing materials for
the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
(2)
Semi-detached dwellings, Duplex dwellings, Triplex dwellings, Multiple
attached dwelling, Stacked dwelling, Rooming and Boarding Houses,
and Community Care Facilities may be allowed in R2 zones on corner
lots subject to the following:
a.
Corner lots should have, where possible, two active frontages that
provide opportunities to have entrances on both sides.
b.
Each dwelling unit shall have a minimum livable floor area of at
least 800 square feet.
c.
The building's parking area should have direct access to a rear
public lane from which parking stalls can be directly accessed.
d.
The parking area shall have a minimum interior side yard of 2 feet,
and a minimum exterior side yard of 4 feet that shall provide
screening such as a fence or hedge a minimum of 3 feet in height.
e.
Site Plan Approval shall be required by the Development Officer
and the Board, prior to the issuance of any building or
development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas,
fencing, landscaping, signage, and exterior finishing materials for
the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.4
Rooming and Boarding Houses
Rooming and Boarding Houses shall comply with the following regulations:
(1)
The maximum occupancy shall be 6 residents.
(2)
Shall be developed as either a purpose-built freestanding structure, part
of an Apartment dwelling development, or Single Detached dwelling
converted for this purpose subject to the provisions of the Conversion of
Residential Buildings.
(3)
Shall only be located in a Zone where Rooming and Boarding Houses
are allowed,
(4)
Shall require all units operated by a single provider when a Duplex
dwelling, Semi-detached dwelling or Triplex dwelling is converted for
the purpose of Rooming and Boarding Houses.
(5)
Sleeping Units shall be limited in food preparation facilities to bar fridge,
mini-sink, and microwave.
(6)
No Home Enterprises, Secondary Suite, or Garage Suite shall be
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permitted as part of a Rooming and Boarding Houses development or
on the Site of such development.
(7)
Where a Rooming and Boarding Houses is designed as a freestanding
structure it shall be of a size, scale, and outward appearance that is
typical of surrounding area subject to:
a.
Site Plan Approval shall be required by the Development Officer
and the Board, prior to the issuance of any building or
development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas,
fencing, landscaping, signage, and exterior finishing materials for
the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.5
Community Care Facilities shall comply with the following regulations:
(1)
The maximum occupancy shall be 4 residents in the R2 Zone for
Community Care Facilities.
(2)
Shall be developed as either a purpose-built freestanding structure or a
Single Detached Dwelling converted for this purpose subject to the
provisions of the Conversion of Residential Buildings.
(3)
No Home Enterprises, Secondary Suite, or Garage Suite shall be
permitted as part of the development or on the Site of such
development.
(4)
Where a Community Care Facilities is designed as a freestanding
structure it shall be of a size, scale, and outward appearance that is typical
of surrounding area subject to:
a.
Site Plan Approval shall be required by the Development Officer
and the Board, prior to the issuance of any building or
development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas,
fencing, landscaping, signage, and exterior finishing materials for
the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.6
Flag Lots
(1)
The creation of new flag lots is prohibited unless:
a.
The lands proposed for flag lot access are located in a cottage or
residential zoning district;
b.
The proposed flag lots abuts and is behind an interior lot as a flag
lot shall not abut another flag lot;
c.
The proposed flag lot has access to a navigable waterway or a
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public right-of-way; or
d.
The Development Officer determines that there is no feasible
alternative way to provide access to such lands for the following
instances:
i.
when reasonably necessary to eliminate access onto
thoroughfares;
ii.
when necessary to make reasonable use of parcels with
severe topography or other physical constraints;
iii.
when a flag lot would provide greater protection of natural
resources areas (e.g. streams); or
iv.
when necessary to accommodate the function of hiding or
concealing utility buildings/substation, or radio, television of
communication towers.
(2)
Approved flag lots are subject to the following requirements:
a.
The flagpole portion that is the access corridor of the lot shall not
be built upon with a structure, or used to calculate lot area, lot
width, lot depth, lot coverage or building setbacks, and the
flagpole portion may not be used to provide off-street parking.
b.
The minimum width of the strip of land used to provide the access
corridor to the buildable portion of the flag lot shall be 18 feet
with a minimum of 3 feet of landscaping on either side of a
driveway that is a minimum of 10 feet in width.
c.
The access corridor to the buildable portion of the flag lot shall
not exceed 300 feet in length.
d.
A common driveway for all dwelling units shall be encouraged with
the preferred location for the driveway on the flagpole portion of
the flag lot, with the interior lot granted a cross access easement
over the flagpole.
e.
The flag pole must be part of the flag lot, connect to a public road and
be under the same ownership as the flag portion of the lot. Access
easements to allow for use of the pole by another lot may be required.
f.
Adequate vehicle turn-around space on the flag portion of the lot shall
be provided to discourage vehicles from backing out from the site.
g.
Within the access corridor on the pole portion of the lot, the
owner must erect and maintain a property address sign for the
dwelling on the flag portion of the lot, said address sign meeting
the standards of this By-law for building addresses.
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4.7
Splitting Attached Dwellings on to Separate Lots
(1)
The owner of a lot that has a Semi-Detached Dwelling or a Multiple
Attached Dwelling may split the lot to allow each dwelling unit on its
own lot provided that:
a.
The new lot line must be a straight line between the front and rear
lot lines, located in such a manner that the party wall of the semi-
detached dwellings and any applicable accessory structure must
form part of the new lot line, and where the new lot line is unable
to form a straight line due to the irregular shape of the lot or the
structure, the location of that new lot line must be determined by
the conditions of any subdivision approval issued.
b.
Each of the lots created must have frontage on a public road.
c.
The permitted use of each lot created must be for a semi-
detached dwelling unit and permitted accessory uses and
structures only.
d.
Each lot created must provide one parking space with access to
this required parking space being directly from either a public lane
or a public road; however, the parking space must not be in the
front yard leading to the front of the principal structure.
e.
Any parking in a side yard shall be accommodated in side yard
with a minimum width of 10 feet.
f.
Each lot created must provide the required side yard setbacks for
the underlying zoning district minimum setback requirements;
except that the minimum side yard setback along the new lot line
that falls along the party wall may be 0 feet.
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Figure 11: Splitting Semi-detached Dwellings On To Separate Lots
Figure 12: Splitting Multiple Attached Dwellings On To Separate Lots
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4.8
Bungalow Clusters
(1)
May include Single Detached Dwellings, Semi-detached Dwellings, and
Multiple Attached Dwellings, Mobile Homes, and Mobile Units organized
around a private green open space on lands zoned R3.
(2)
The minimum spatial separation between detached dwellings as
measured from building face to building face shall be 4 feet, unless the
detached dwellings are semi-detached and sharing a common party
wall.
(3)
The minimum spatial separation between the front wall of the detached
dwellings and the common element that contains the open green space
shall be 3 feet.
(4)
The minimum width of the common open green space shall be 15 feet.
(5)
Zoning provisions for building setbacks to lot lines shall apply only to
the external lot lines of the overall plan of condominium, not to internal
lot lines resulting from the registration of any phase of a plan of
condominium.
Figure 13: Bungalow Cluster
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4.9
Bungalow Courts
(1)
May include Single Detached Dwellings, Semi-detached Dwellings,
Multiple Attached Dwellings, Mobile Homes, and Mobile Units
organized around a private lane on lands zoned R3.
(2)
The roadway surface of the private lane must be hard surfaced with
concrete, asphalt, or paving stone, or a combination of those materials.
(3)
The roadway surface of the private lane must be at least 20 feet wide for
two-way traffic and 12 feet for one-way traffic.
(4)
The common area surrounded by the roadway surface must be at least 5
feet wide on each side.
(5)
Individual driveways leading from a shared private lane to each dwelling
unit must be at least 20 feet long, as measured between the front of the
garage or carport and the closest pavement edge of the shared private
lane.
(6)
The design of the private lane must permit a passenger motor vehicle to
back out of an individual driveway and turn 90 degrees.
(7)
Motor vehicle may not be parked on a driveway in a front of a detached
dwelling.
(8)
The minimum spatial separation between detached dwellings as
measured from building face to building face shall be 6 feet, unless the
detached dwellings are semi-detached and sharing a common party wall.
(9)
The minimum spatial separation between the front wall of the detached
dwellings and the common element that contains the roadway shall be
5 feet.
(10) Zoning provisions for building setbacks to lot lines shall apply only to
the external lot lines of the overall plan of condominium, not to internal
lot lines resulting from the registration of any phase of a plan of
condominium.
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Figure 14: Bungalow Court
4.10 Dwelling Unit, Live Work
(1)
The dwelling and work components of the Live Work Unit shall not be
legally separated through a subdivision or condominium conversion.
(2)
The dwelling associated with a Live Work Unit shall not contain a Home
Enterprise.
(3)
There may be internal access between the dwelling and the work
components of the Live Work Unit
(4)
For Live Work Units located at grade, the Live Work Unit shall contribute
to the pedestrian-oriented character of the street or immediate area with
an active frontage.
(5)
Neither the Dwelling nor the work component of the Live Work Unit
shall be less than 25 percent of the total floor space of the Live Work
Unit.
4.11 Dwelling Units, Commercial Zones
(1)
Residential dwelling units are permitted in all Commercial Zones with
the following provisions:
a.
Dwelling units shall only be located above or to the rear, but within
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the same building, of one or more permitted commercial uses that
occupy the first floor of the principal building.
b.
Shall have bathroom and kitchen facilities that are separate from
the non-residential use.
c.
Shall have a building entrance that is separate from the non-
residential use unless a Live Work Unit.
d.
In the CH Zone, the dwelling unit may be detached from the
principal building such as a Garage Suite, Garden Suite, Mobile
Home or Mobile Unit.
e.
In one-storey buildings, residential dwelling units are permitted,
provided that:
i.
Commercial uses occupy the front of the building;
ii.
Each permitted dwelling unit shall have a minimum livable
floor area of 400 square feet; and
iii.
Livable floor areas comprise no more than 40 percent of the
gross floor area of the building.
f.
Shall contribute to the pedestrian-oriented character of the public
road, the immediate area, or the high visibility of the highway with
an active frontage.
g.
Site Plan Approval shall be required by the Development Officer
and the Board, prior to the issuance of any building or
development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas,
fencing, landscaping, signage, and exterior finishing materials for
the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.12 Dwelling Units, Industrial and Institutional Zones
(1)
A maximum of one dwelling unit shall be permitted all Industrial and
Institutional Zones as an accessory use to any permitted use with the
following provisions:
a.
The dwelling unit must be occupied by on-site workers, the
business owner, caretaker, security guard or similar employee(s).
b.
Shall have bathroom and kitchen facilities that are separate from
the non-residential use.
c.
Shall have a building entrance that is separate from the non-
residential use unless a Live Work Unit.
d.
May be detached from the principal building such as a Garage
Suite, Garden Suite, Mobile Home or Mobile Unit.
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e.
Site Plan Approval shall be required by the Development Officer
and the Board, prior to the issuance of any building or
development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas,
fencing, landscaping, signage, and exterior finishing materials for
the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.13 Dwelling Units, Agriculture Enterprise Zones
(1)
A maximum of one dwelling unit shall be permitted as an accessory use
to any permitted use in the Agricultural Enterprise Zones with the
following provisions:
a.
The dwelling unit must be occupied by on-site workers, the
business owner, caretaker, security guard or similar employee(s).
b.
Shall have bathroom and kitchen facilities that are separate from
the non-residential use.
c.
Shall have a building entrance that is separate from the non-
residential use.
d.
May be detached from the principal building such as a Garage
Suite, Garden Suite, Mobile Home or Mobile Unit.
e.
Site Plan Approval shall be required by the Development Officer
and the Board, prior to the issuance of any building or
development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas,
fencing, landscaping, signage, and exterior finishing materials for
the construction of principal buildings and detached accessory
buildings and structures, all of which shall be maintained to the
satisfaction of the Development Officer.
4.14 Mobile Homes and Mobile Units
(1)
No person shall use lands zoned land R2, or TRC for the purpose of
permanently erecting or placing thereon a mobile unit or mobile home:
a portable dwelling unit that is designed or used for residential
occupancy, built upon or having a frame or chassis to which wheels may
be attached for transportation purposes, whether or not such structure
actually has at any time such wheels, or is jacked up or skirted.
(2)
Mobile home or mobile units may be allowed as dwelling units and a
principle structure on lands zoned R1 or R3 in Bungalow Clusters and
Bungalow Courts; as dwelling units as an Accessory Dwelling in lands
zoned AO, AE, EA, IN, and EH; or as a temporary building or structure.
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4.15 Not Considered Dwelling Unit
(1)
No truck, bus, shipping container, coach or other vehicle, whether or not
the same is maintained on wheels, shall not be used for habitation as a
dwelling unit either as an accessory dwelling unit or a principal dwelling
unit on residentially zoned land.
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Uses
5.0 Zoning Lands and Land-Uses
5.1
Classification of Uses
(1)
The list of land-uses in this By-law is not exhaustive, nor is it intended to
be exhaustive. New types of land-uses will develop and forms of land-
uses not anticipated may seek to locate in the Planning Area. Any
person may apply to the Development Officer for an interpretation as to
whether a proposed land-use falls within any of the land-use categories
or use types in this By-law, and, if so, which one. The North American
Industry Classification System (NAICS) Canada should provide a valuable
resource in determining land-uses into classes and zones since version
(2017 V 2.0) was used extensively to define each of the land-uses.
(2)
The Development Officer must provide the interpretation in writing, and
shall take into account the nature of the proposed land-use and its
potential impacts, including but not limited to: whether it involves
dwelling units, sales; processing, type of product, storage and amount,
and nature thereof; enclosed or open storage; anticipated employment;
transportation requirements; excessive noise, odour, fumes, dust, toxic
material, and vibration likely to be generated; and the general
requirements for public services.
(3)
The Development Officer shall have the authority to provide an
interpretation of a land-use but shall not have the authority to add a new
permitted or conditional use to this By-law without the appropriate
public hearing for an amendment to the text of this By-law.
(4)
An appeal of the Development Officer's interpretation may be made to
the Board.
5.2
Land-Use Lexicon: Uses of Land Defined
The North American Industry Classification System (NAICS) was jointly created by the
Canadian, US, and Mexican governments to ensure common analysis across all three
countries. The NAICS is used extensively to define and classify land-uses in this By-law.
The following are the land-uses that are classified into the zoning districts in this By-Law:
Aggregate means a quarry mineral that is used solely for construction purposes or
as a constituent of concrete other than in the manufacture of cement and includes
sand, gravel, clay, crushed stone, and crushed rock.
Aggregate quarry means a quarry from which aggregate is produced.
Agri-Business means establishments primarily engaged in providing goods and
services to Agriculture Operations including:
(a)
Wholesaling merchandise, generally without transformation, and rendering
services incidental to the sale of merchandise that includes mainly land-uses
under 'Agricultural supplies merchant wholesalers' includes:
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Uses
-
Agricultural feed merchant wholesalers
-
Seed merchant wholesalers
-
Agricultural chemical and other farm supplies merchant wholesalers
-
Storage and distribution of fertilizers such as retailers of anhydrous
ammonia
(b)
Retailing fuels (except heating oil and liquefied petroleum gas) via direct
selling in large quantities or to large vehicles [Bulk Fuel Sales Depot].
(c)
Storage of petroleum products or other flammable liquids legally stored
within a structure or establishment [Bulk Fuel Storage].
(d)
Support activities for crop production includes:
-
Agricultural product sterilization service
-
Crop dusting and spraying service, with or without fertilizing
-
Crop harvesting service
-
Crop planting or seeding services
-
Farm labour contractors
-
Farm management service (crop production)
-
Farm product (crop) sorting, grading or packing service (for the grower)
-
Fertilizer application service
-
Fruit picking service, hand (e.g., apple, strawberry, blueberry, cherry)
-
Grain drying service
-
Soil preparation services (e.g., hoeing, ploughing, rototilling, weeding),
agricultural
-
Threshing service, agricultural crop and plant
(e)
Support activities for animal production includes:
-
Artificial insemination services, animal specialties and livestock
-
Breeding services for livestock
-
Cattle registration service
-
Farriers (horseshoeing)
-
Horses, boarding (except racehorses)
-
Milk testing for butterfat
-
Sheep dipping and shearing services
(f)
Farm product merchant wholesalers primarily engaged in wholesaling
livestock, grain and other farm products includes:
-
Live animal merchant wholesalers
-
Auctioning livestock
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Uses
-
Livestock merchant wholesalers
-
Oilseed and grain merchant wholesalers
-
Nursery stock and plant merchant wholesalers
-
Other farm product merchant wholesalers
(g)
Farm, lawn and garden machinery and equipment merchant wholesalers
engaged in wholesaling new or used farm, lawn and garden machinery,
equipment and parts.
(h)
Live animal merchant wholesaler establishments primarily engaged in
wholesaling live animals including auctioning livestock, with own facilities, and
livestock merchant wholesaler.
(i)
Farm product warehousing and storage means establishments primarily
engaged in operating farm product warehousing and storage facilities, except
refrigerated including grain elevators (storage only), and farm product
warehousing and storage.
Agriculture Operations means an agricultural, horticultural or silvicultural operation
that is conducted in order to produce agricultural products on a commercial basis,
and includes:
(a)
the production of crops, including grains, oil seeds, hay and forages, and
horticultural crops, including vegetables, fruit, mushrooms, sod, trees, shrubs
and greenhouse crops;
(b)
the use of land for livestock operations and grazing;
(c)
the production of eggs, milk and honey;
(d)
the raising of game animals, fur-bearing animals, game birds, bees and fish;
(e)
the processing necessary to prepare an agricultural product for distribution
from the farm gate;
(f)
the operation of agricultural machinery and equipment, including the tillage of
land and the application of fertilizers, manure, soil amendments and
pesticides, whether by ground or aerial application; and
(g)
the storage, use or disposal of organic wastes for agricultural purposes.
Agri-Industrial means establishments primarily engaged in manufacturing
agricultural chemicals, including nitrogenous and phosphoric fertilizer materials;
mixed fertilizers; and agricultural and household pest control chemicals. Includes
mainly land-uses under 'Pesticide, fertilizer and other agricultural chemical
manufacturing' includes:
(a)
Fertilizer manufacturing
(b)
Chemical fertilizer (except potash) manufacturing.
(c)
Mixed fertilizer manufacturing
(d)
Pesticide and other agricultural chemical manufacturing
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(e)
Nitrogenous, phosphatic or potassic fertilizers, made by mixing purchased
materials
(f)
Nitrogenous fertilizer materials, manufacturing
(g)
Fertilizers, mixed, made in plants producing nitrogenous or phosphatic
fertilizer materials
Agri-Manufacturing means establishments primarily engaged in producing food for
human or animal consumption on a large scale in a manufacturing process using
agricultural products provided by an agricultural operation. Land-uses under 'Food
Manufacturing' includes:
(a)
Animal food manufacturing
(b)
Grain and oilseed milling
(c)
Flour milling and malt manufacturing
(d)
Oilseed processing
(e)
Fat and oil refining and blending
(f)
Fruit and vegetable preserving and specialty food manufacturing
(g)
Frozen food manufacturing
(h)
Fruit and vegetable canning, pickling and drying
(i)
Dairy product manufacturing
(j)
Fluid milk manufacturing
(k)
Butter, cheese, and dry and condensed dairy product manufacturing
(l)
Meat product manufacturing
(m)
Animal slaughtering and processing
(n)
Rendering and meat processing from carcasses
(o)
Poultry processing
(p)
Bakeries and tortilla manufacturing
(q)
Bread and bakery product manufacturing
(r)
Commercial bakeries and frozen bakery product manufacturing
(s)
Cookie and cracker manufacturing
(t)
Flour mixes, dough, and pasta manufacturing from purchased flour
(u)
Snack food manufacturing
(v)
Coffee and tea manufacturing
(w)
Beverage and tobacco product manufacturing including Breweries, Distilleries,
and Wineries
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(x)
Greenhouse, nursery and floriculture production including Food crops grown
under cover; Mushroom production; Other food crops grown under cover;
Nursery and floriculture production; Nursery and tree production; Floriculture
production
Agri-Tourism means agricultural operations that are designated to attract,
accommodate, and entertain the visiting public, including tours, on the activities of
farming.
Airport Operations means establishments primarily engaged in operating
international, national and other civil airports. The activities involved in operating
airports include renting hangar space, and providing air traffic control services,
baggage handling, cargo handling, airport runway maintenance service, aviation
clubs, aircraft parking services, and other support activities for air transportation
[servicing aircraft, repairing and maintaining aircraft (except on a factory basis), and
inspecting and testing aircraft].
Animal Keeping means the keeping of livestock (excludes household pets such as
domesticated dogs and cats) as defined in the Livestock and Livestock Production
Act C.C.S.M. c 170 and in quantities, cumulative across all livestock species, less
than 10 Animal Units.
Apiculture (Beekeeping) means establishments primarily engaged in raising bees,
collecting and gathering honey, and performing other apiculture activities.
Auction House means a building or portion of a building used for the public sale of
goods, merchandise, or equipment, other than livestock, vehicles or heavy
equipment, to the highest bidder.
Auction Yard means a place where vehicles or heavy equipment (operable or
inoperable) are offered for sale to the highest bidder.
Automobile Dealers means establishments primarily engaged in retailing new and
used automobiles, sport utility vehicles, and light-duty trucks and vans, including
mini-vans. Excludes retailing recreational vehicles (RV), watercraft, motorcycles and
snowmobiles.
Automotive Repair and Maintenance means establishments primarily engaged in
repairing and maintaining motor vehicles, such as cars, trucks, vans and commercial
trailers. Includes Automotive mechanical and electrical repair and maintenance;
General automotive repair; and Car washes.
Bed and Breakfast means establishments primarily engaged in providing short-term
lodging in facilities known as bed and breakfast homes. Bed and breakfast homes
are characterized by a highly personalized service, and usually the inclusion in the
room rate, of a full breakfast, served by the owner or owner-supervised staff.
Boat Dock, Private means a private non-commercial wharf or pier where boats can
remain for loading, unloading or storage and shall include the water space occupied
by any boat.
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Boat House means a detached accessory building or structure for the storage of
watercraft and watercraft related equipment but does not include open walkways or
uncovered docking facilities or kitchen and bathroom facilities, and is not for human
habitation.
Boat Port means an unenclosed accessory building or structure, which is used to
place a boat into or take a boat out of a water body or used to moor, berth or store
a boat. This definition may include a boat launching ramp, boatlift, or dock, but
shall not include any building used for human habitation nor any boat service, repair
or sales facility or retail use.
Boat Slip means a single parking space for a boat or other marine vessel, forming
part of a dock, boathouse, boat port or other mooring facility.
Bungalow Clusters [Bare Land Condominium] means dwellings units organized around
a defined private open green space held as a common element that is shared, and
where the zoning provisions for building setbacks to lot lines shall apply only to the
external lot lines of the overall plan of condominium, not to the internal lot
condominium unit lines resulting from the registration of any phase of a plan of
condominium.
Bungalow Courts [Bare Land Condominium] means dwellings units organized
around a defined private lane held as a common element that is shared for vehicle
access to a public right-of-way, and where the zoning provisions for building
setbacks to lot lines shall apply only to the external lot lines of the overall plan of
condominium, not to the internal lot condominium unit lines resulting from the
registration of any phase of a plan of condominium.
Car Washes means an establishments primarily engaged in washing and cleaning
motor vehicles including: auto detail shop, automobile washing and polishing,
mobile wash unit (trucks, autos), waxing and polishing. Considered as Automotive
Repair and Maintenance.
Cemeteries means establishments primarily engaged in operating sites or structures
reserved for the interment of human or animal remains.
Child Day-Care Services means establishments primarily engaged in providing day-
care services for infants or children. These establishments may care for older
children when they are not in school and may also offer pre-kindergarten
educational programs.
Community Care Facilities [for the elderly] means establishments primarily engaged
in providing residential and personal care services for the elderly and persons who
are unable to fully care for themselves or who do not desire to live independently.
In some instances these establishments provide skilled nursing care for residents in
separate on-site facilities. Includes the provision of room, board, supervision and
assistance in daily living services such as housekeeping.
Community Centre means a multi-purpose facility for recreational, social, day care,
or cultural uses where patrons are primarily participants and any spectators are
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incidental and attend on a non-recurring basis. Examples include recreation and
leisure centres, hockey and skating rinks, curling, and community halls.
Community Garden means a communal garden provided for the sole use of or
consumption by the individual or individuals working the garden.
Community Health Centres means establishments, with medical staff, primarily
engaged in general out-patient care, which provides the services of a variety of
health practitioners within the same establishment. These establishments are often
referred to as clinics or centres and must not be confused with the offices of health
practitioners.
Community Housing Services means establishments primarily engaged in providing
short-term shelter for victims of domestic violence, sexual assault or child abuse;
temporary residential shelter for the homeless, runaway youths, and patients and
families caught in medical crisis; and transitional housing for low-income individuals
and families.
Contractor Service means a place of business for persons employed in trades such
as construction, landscaping, concrete, electrical, excavation, drilling, heating,
plumbing, paving, road construction, sewer or similar services of a construction
nature which require on-site storage space for materials, construction equipment or
vehicles normally associated with the contractor service. Any sales, display, office or
technical support services areas shall be accessory to the principal Contractor
Service use.
Cottage means a rural residential use that is intended to be used seasonally or on a
part-time basis.
Crematorium means establishments fitted with the proper appliances for the
purposes of the cremation of human or animal [not including livestock] remains.
Cultural Centre means a building or portion of a building dedicated to the
celebration and promotion of a cultural group or groups. A cultural centre is distinct
from a private club on the basis of a broader range of uses typically available to
customers and guests, including restaurants, retail sales, personal services, theatres,
and banquet halls. In addition, customers and guests are not required to be
members of a non-profit organization.
Drinking Places (alcoholic beverages) means establishments, known as bars, taverns
or drinking places, primarily engaged in preparing and serving alcoholic beverages
for immediate consumption. Includes bars, beer parlours or taverns, brasseries,
cocktail lounges, nightclubs.
Drinking Water System means a system used to pump, store, treat and distribute
drinking water, and includes the facilities and services used in the provision of
drinking water [Water Supply].
Drive-Through Facility means establishment that provides or dispenses products or
services, through an attendant or an automated machine, to persons remaining in
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vehicles that are in designated stacking aisles. A drive-through facility may be in
combination with other uses, such as a bank, credit union, restaurant or gas station.
Dwelling Unit means a building or part of a building occupied or capable of being
occupied, in whole or in part as the home, residence or sleeping place of one or
more persons either continuously, permanently, temporarily or seasonally,
irrespective of tenure or ownership, but shall not include a seasonal dwelling
[cottage], recreational vehicle, trailer or motor home. Dwelling Units include:
(a)
Dwelling Unit, Attached Accessory which means a room or rooms in which
kitchen, sanitary conveniences and sleeping quarters are provided for the
exclusive use of the occupants and with a private entrance from outside the
building or from a common corridor or stairway inside the building. Includes:
i.
Secondary Suites means an accessory dwelling unit constructed
within and accessory to a Single Detached dwelling, including an
attached garage.
(b)
Dwelling Unit, Detached Accessory means a dwelling unit that is in a separate
building or structure which is accessory to and located on the same lot as the
principal use, building or structure, but not including a building or structure
which is used as a dwelling unless specifically permitted. Includes:
i.
Garage Suites means an accessory dwelling unit constructed above a
detached Garage (above grade); or a single-storey attached to the side
or rear of, a detached Garage (at-grade) that is accessory to a principle
use.
ii.
Garden Suites means an accessory dwelling unit located in a detached
accessory structure to a principle use.
(c)
Dwelling Unit, Live Work means a unit that contains one Dwelling, in addition
to dedicated floor space for the purpose of conducting a business. The work
component may or may not be separate and distinct from the Dwelling. The
Dwelling may be accessed through the business space. This Use does not
include a Home Based Business.
(d)
Single Detached Dwelling means a detached building
containing one dwelling unit only.
(e)
Semi-detached Dwelling means a residential use
building divided vertically into two separate dwelling
units each of which has an independent entrance.
(f)
Duplex Dwelling means the whole of a two-storey
building divided horizontally into two separate
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dwelling units, each of which has an independent
entrance either directly or through a common
vestibule.
(g)
Triplex Dwelling means whole of a three-storey
building divided horizontally into three separate
dwelling units, each of which has an independent
entrance either directly or through a common
vestibule.
(h)
Multiple Attached Dwelling means the whole of a
residential use building containing three or more
dwelling units that are divided vertically, each of
which has an independent entrance. For the
purpose of this By-law, a rowhouse is considered to
be a multiple attached dwelling.
(i)
Stacked Dwelling means a residential use
building containing four or more dwelling units,
where the units in each pair are divided
horizontally, and the pairs are divided vertically,
and in which each dwelling unit has an
independent entrance.
(j)
Apartment Dwelling means a building containing
four or more dwelling units, in which dwelling
units have a common entrance from public road
level and are served by a common corridor.
(k)
Converted Dwelling means a residential use building that has been altered,
but not demolished and replaced, to increase the number of dwelling units to
three or more.
Educational Services means establishments primarily engaged in providing
instruction and training in a wide variety of subjects. This instruction and training is
provided by specialized establishments, such as schools, colleges, universities and
training centres. These establishments may be privately owned and operated, either
for profit or not, or they may be publicly owned and operated. They may also offer
food and accommodation services to their students. Included are:
(a)
Elementary and Secondary Schools means establishments primarily engaged
in providing academic courses that comprise a basic preparatory education,
that is, Kindergarten to Grade 12.
(b)
Community Colleges means establishments primarily engaged in providing
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academic, or academic and technical courses and granting associate degrees,
certificates or diplomas that are below the university level. The requirement
for admission to an associate or equivalent degree program is at least a high
school diploma or equivalent general academic training.
(c)
Universities means establishments primarily engaged in providing academic
courses and granting degrees at the bachelor or graduate levels. The
requirement for admission is at least a high school diploma or equivalent
general academic training for baccalaureate programs, and often a
baccalaureate degree for professional or graduate programs.
(d)
Business Schools and Computer and Management Training means
establishments primarily engaged in providing courses in office procedures
and secretarial and stenographic skills; conducting training in all phases of
computer activities, including computer programming, software packages,
computerized business systems, computer electronics technology, computer
operations and local area network management; and offering an array of
short-duration courses and seminars for management and professional
development.
(e)
Technical and Trade Schools means establishments primarily engaged in
providing vocational and technical training in a variety of technical subjects
and trades. The training often leads to non-academic certification.
Equestrian Establishment means an area of land, which is used as an educational
centre for horse training, handling, care, or for the lodging of horses.
Exploration Projects [Advanced] is as defined in the Mines and Minerals Act.
Finance and Insurance means establishments primarily engaged in financial
transactions (that is, transactions involving the creation, liquidation, or change in
ownership of financial assets) or in facilitating financial transactions. Included are:
(a)
Banking means establishments primarily engaged in accepting deposits and
issuing loans. Examples of establishments in this industry are establishments
of chartered banks, trust companies and deposit-accepting mortgage
companies that are primarily engaged in accepting deposits and issuing loans.
(b)
Credit Unions means establishments of local credit unions and caisses
populaires primarily engaged in accepting deposits from, and issuing loans to,
members. Local credit unions raise funds from members through the sale of
shares and the acceptance of deposits.
Fitness and Recreational Sports Centres means establishments primarily engaged in
operating health clubs and similar facilities featuring exercise and other active
physical fitness conditioning, or recreational sports activities including athletic clubs,
physical fitness facilities, gymnasiums, physical fitness centres or studios, and health
spas.
Fabric Buildings [Cover-all Buildings, Portable Fabric Structures, Fabric Tension
Buildings] means buildings constructed using a rigid frame--which can consist of
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timber, steel, rigid plastic, or aluminum--and a sturdy fabric outer membrane is
stretched over the frame. The fabric cover is tensioned to provide the stable
structural support of the building. The fabric is tensioned using multiple methods,
varying by manufacturer, to create a tight fitting cover membrane.
Funeral Homes means establishments primarily engaged in preparing the dead for
burial or interment and conducting funerals. Including funeral parlours, morticians or
undertakers.
Gasoline Stations means establishments primarily engaged in retailing motor fuels,
whether or not the gasoline station is operated in conjunction with a convenience
store, repair garage, restaurant or other type of operation. Establishments that
operate gasoline stations on behalf of their owners and receive a commission on the
sale of fuels are also included. Excludes retailing marine fuels at marinas.
Gasoline Stations with Convenience Stores means establishments primarily
engaged in retailing automotive fuels combined with the retail sale of a limited line
of merchandise, such as milk, bread, soft drinks and snacks in a convenience store
setting.
Golf Courses and Country Clubs means establishments primarily engaged in
operating golf courses and country clubs that operate golf courses along with
dining facilities and other recreational facilities.
Health Care Offices means establishments primarily engaged in providing health
care by diagnosis and treatment. Includes Ambulatory health care services, Offices
of physicians, dentists, chiropractors, optometrists, mental health practitioners, and
physical, occupational, and speech therapists and audiologists; and other health
practitioners.
Heritage Institutions means establishments primarily engaged in preserving and
exhibiting objects, sites and natural wonders of historical, cultural and educational
value. Includes Non-commercial art museums and galleries, History and science
museums, planetariums, halls of fame and wax museums.
Heritage Resources means a heritage site, a heritage object, and any work or
assembly of works of nature or human endeavour that is of value for its
archaeological, paleontological, prehistoric, historic, cultural, natural, scientific or
aesthetic features, and may be in a form of sites or objects or combination of them.
Heavy Equipment Sales, Rental and Servicing means a facility that is engaged in the
sales, rental or repair of heavy equipment typically used in agricultural, commercial
or industrial operations, including tractors, trucks with a gross vehicle weight of over
15,000 pounds, Truck Tractor/Trailer Combinations, harvesters, loaders and tracked
vehicles as well as sales of parts, whether new or used, for heavy equipment.
Home Occupation means an occupation, professions or business use secondary to a
Dwelling Unit, and which is conducted entirely within the dwelling unit or accessory
structure to a dwelling unit. No aspects of the business operations shall be
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detectable from outside the property.
Home Based Business means an occupation, professions or business use secondary
to a Dwelling Unit, and which may generate more than one business associated visit
per day. There may also be non-resident employees, and a limited use of
unenclosed areas by the use.
Hospitals means establishments, licensed as hospitals, primarily engaged in
providing diagnostic and medical treatment services, and specialized
accommodation services to in-patients. These establishments have an organized
medical staff of physicians, nurses and other health professionals, technologists and
technicians. Hospitals use specialized facilities and equipment that form a significant
and integral part of the production process. Hospitals may also provide a wide
variety of out-patient services as a secondary activity.
Hostels means an establishment providing short-term semi-private accommodations
for travelers.
Hotels means establishments primarily engaged in providing short-term lodging in
facilities known as hotels. These establishments provide suites or guest rooms within
a multi-storey or high-rise structure, accessible from the interior only, and they
generally offer guests a range of complementary services and amenities, such as
food and beverage services, parking, laundry services, swimming pools and exercise
rooms, and conference and convention facilities.
Housekeeping Cottages and Cabins means establishments primarily engaged in
providing short-term lodging in facilities known as housekeeping cottages and cabins.
Hunting and Fishing Camps means establishments primarily engaged in operating
hunting and fishing camps. Providing a range of services, such as access to outpost
camps or housekeeping cabins, meals and guides as well as providing
transportation to the facility, and sale of food, beverages, and hunting and fishing
supplies.
Interpretive Centre means a building or group of buildings that provides
interpretation of a place of interest, such as the natural environment through a
variety of media, such as video displays, information panels and exhibitions of
material, and which may also include facilities such as a refreshment stand or gift
shop.
Libraries means an establishments primarily engaged in maintaining collections and
facilitating the use of such documents (regardless of its physical form and
characteristics) as are required to meet the informational, research, educational or
recreational needs of their users.
Light Equipment Sales, Rental and Servicing means a facility that is engaged in the
sales, rental or repair of light machinery and equipment including automotive tools,
cleaning equipment, concrete and masonry equipment, electric tools and
accessories, gasoline generators, painting and decorating equipment, home and
garden equipment, home appliances, plumbing tools and other similar tools and
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accessories.
Livestock Operation means a permanent or semi-permanent facility or non-grazing
area where livestock are kept or raised either indoors or outdoors, and includes all
associated manure collection facilities, but does not include an auction mart.
Includes:
(a)
Livestock Operation Uses, 10 AU > 299 AU.
(b)
Livestock Operations Uses, Large Scale, +300 Animal Units.
Manufacturing means establishments primarily engaged in the chemical, mechanical
or physical transformation of materials or substances into new products. These
products may be finished, in the sense that they are ready to be used or consumed,
or semi-finished, in the sense of becoming a raw material for an establishment to
use in further manufacturing. Related activities, such as the assembly of the
component parts of manufactured goods; the blending of materials; and the
finishing of manufactured products by dyeing, heat-treating, plating and similar
operations are also treated as manufacturing activities. Manufacturing
establishments are known by a variety of trade designations, such as plants,
factories or mills. Land-Uses includes:
(a)
Textile product mills
(b)
Clothing manufacturing
(c)
Leather and allied product manufacturing
(d)
Footwear manufacturing
(e)
Wood product manufacturing
(f)
Sawmills and wood preservation
(g)
Veneer, plywood and engineered wood product manufacturing
(h)
Paper manufacturing
(i)
Printing and related support activities
(j)
Petroleum and coal product manufacturing
(k)
Chemical manufacturing
(l)
Pharmaceutical and medicine manufacturing
(m)
Plastics and rubber products manufacturing
(n)
Non-metallic mineral product manufacturing
(o)
Cement and concrete product manufacturing
(p)
Primary metal manufacturing
(q)
Fabricated metal product manufacturing
(r)
Machinery manufacturing
(s)
Computer and electronic product manufacturing
(t)
Electrical equipment, appliance and component manufacturing
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(u)
Transportation equipment manufacturing
(v)
Furniture and related product manufacturing
(w)
Medical equipment and supplies manufacturing
Marinas means establishments, known as marinas, primarily engaged in operating
docking and storage facilities for pleasure-craft owners, with or without related
activities, such as retailing fuel and marine supplies, boat repair and maintenance,
and rental services.
Medical and Diagnostic Laboratories means establishments primarily engaged in
providing analytic or diagnostic services. These services are generally provided to
the medical profession, or to the patient on referral from a health practitioner.
Includes: X-ray laboratories, medical laboratories, biological laboratories, and dental
laboratory, analysis and diagnostic.
Micro-Brewery / Distillery / Winery means and establishment completely contained
within a structure where beer, wine or liquor produced on-site and sold to the
public by one or more of the following methods: the traditional three-tier system
(brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as
wholesaler to retailer to consumer); and directly to the consumer through carry-outs
or on-site tap-room or restaurant sales.
Mining, Quarrying, and Oil and Gas Extraction means establishments primarily
engaged in extracting naturally occurring minerals. These can be solids, such as coal
and ores; liquids, such as crude petroleum; and gases, such as natural gas. The term
mining is used in the broad sense to include quarrying, well operations, milling (for
example, crushing, screening, washing, or flotation) and other preparation
customarily done at the mine site, or as a part of mining activity. Establishments
engaged in exploration for minerals, development of mineral properties and mining
operations are included in this sector. Establishments performing similar activities,
on a contract or fee basis, are also included. Land-uses include:
(a)
Oil and gas extraction
(b)
Mining and quarrying (except oil and gas)
(c)
Support activities for mining, and oil and gas extraction
Mobile Food Services means establishments primarily engaged in preparing and
serving meals and snacks for immediate consumption from motorized vehicles or
non-motorized carts without limiting the generality of the foregoing, wagons,
trailers and trucks.
Mobile Home or Mobile Unit means a portable dwelling unit that is designed or
used for residential occupancy, built upon or having a frame or chassis to which
wheels may be attached for transportation purposes, whether or not such structure
actually has at any time such wheels, or is jacked up or skirted.
Motor Hotels means establishments primarily engaged in providing short-term
lodging in facilities known as motels. These establishments are designed to
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accommodate clients travelling by motor vehicle, and provide short-stay suites or
guest rooms, within a one or two-storey structure, characterized by exterior access
to rooms and ample parking areas adjacent to the room entrances. Limited
complementary services and amenities may also be provided.
Motorcycle, Boat and Other Motor Vehicle Dealers means establishments primarily
engaged in retailing new and used motorcycles, watercraft and other vehicles, such
as snowmobiles, off-road all-terrain vehicles, utility trailers, and aircraft. These
establishments also typically retail replacement parts and accessories, and provide
repair services.
Motor Hotels means establishments primarily engaged in providing short-term
lodging in facilities known as motor hotels. These establishments are designed to
accommodate clients travelling by motor vehicle and provide short-stay suites or
guest rooms within a low-rise structure, characterized by ample, convenient parking
areas, interior access to rooms, and their location along major roads.
Motor Vehicle Towing means establishments primarily engaged in towing motor
vehicles. Establishments engaged in providing light and heavy towing services, both
local and long distance, to the general public, commercial, transportation and other
sectors, are included. These establishments may offer incidental services, such as
tire repair, battery boosting and other emergency road service.
Movie Theaters or Motion Picture and Video Exhibition are establishments primarily
engaged in exhibiting motion pictures.
Municipal Fire-Fighting Services means establishments of local governments
primarily engaged in the prevention, investigation and extinction of fires.
Nature Parks means establishments primarily engaged in operating, maintaining
and protecting nature parks, nature reserves or conservation areas. Included are
conservation areas, national parks, provincial parks, nature reserves, and natural
wonders.
Nursing and Residential Care Facilities means establishments primarily engaged in
providing residential care combined with either nursing, supervisory or other types
of care as required by the residents. In this subsector, the facilities are a significant
part of the production process and the care provided is a mix of health and social
services, with the health component being largely nursing services.
Office means uses focusing on professional, scientific and technical services
primarily engaged in activities in which human capital is the major input and where
the knowledge and skills of their employees, often on an assignment basis, are
made available. Includes:
(d)
Legal services
(e)
Accounting
(f)
Tax preparation
(g)
Bookkeeping and payroll services
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(h)
Architectural, engineering and related services
(i)
Specialized design services
(j)
Computer systems design and related services
(k)
Management, scientific and technical consulting services
(l)
Insurance agencies and brokerages
(m)
Real estate agents and brokers
(n)
Scientific research and development services
(o)
Advertising, public relations, and related services
(p)
Ancillary uses may include cafeterias, health facilities, parking, or other
amenities primarily for the use of employees in the firm or building. Excludes
banks, credit unions and health care offices.
Off-Leash Dog Area means an outdoor fenced facility where residents have the
opportunity to exercise and socialize their dogs off leash within a controlled
environment.
Outside Display means an outside display of goods and/or materials for sale,
accessory to a retail principal use. Merchandise may be directly available to the
consumer for purchase.
Outside Storage means an unenclosed area where goods or materials including
automobiles, equipment or supplies are stored. Includes storage of materials in a
structure with a roof, but no walls, and storage of a shipping container is considered
outside storage.
Park means a non-commercial, not-for profit site characterized by open space with
natural vegetation or landscaping amenities that may be available to the public for
recreational, educational, cultural, or aesthetic uses. May include recreational
facilities or sports venues designed to serve the leisure and amateur competition of
the community with accessory uses including clubhouses, maintenance facilities,
concessions, and parking. May include school and religious institution's ballfields,
football fields, and soccer fields. May include passive areas with woodlots and
vegetation, and critical and significant wildlife habitat.
Parking Lot means a parking area that is the principal use on the lands and not
accessory to any other principal building or land-use.
Pavilion means a non-habitable structure with a roof and no walls associated with a
tourist area for the purpose of temporary sheltering people during events such as
weddings, birthdays, and the like that may also contain enclosed within walls,
bathrooms, or shower facilities.
Picnic Shelter means a non-habitable structure with a roof and support posts
without walls that is used for the purposes of picnicking, lounging or food
preparation, not for overnight accommodation or storage of chattels.
Performing Arts Companies means establishments primarily engaged in producing
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Uses
live presentations that involve the performances of actors and actresses, singers,
dancers, musical groups and artists, and other performing artists. Examples of
establishments in this industry group are theatre companies, dance companies,
musical groups and artists, circuses and ice-skating shows.
Personal and Household Goods Repair and Maintenance means establishments
primarily engaged in repairing and maintaining personal and household goods,
such as home and garden equipment, appliances, furniture, footwear and leather
goods, garments, watches, jewellery, musical instruments, bicycles and recreational
boats.
Personal Service Shops means establishments used for the provision of personal
services to an individual for personal grooming, or the cleaning and repair of
personal effects. This use includes barbershops, hairdressers, beauty salons, tattoo
and piercing parlours, spa, tanning salon, tailors, dressmakers, and dry cleaning
establishments and laundromats. This Use does not include Health Care Offices.
Pet Care Services (except veterinary) means establishments primarily engaged in
grooming, boarding and training pet animals. Including animal shelters, boarding
kennel service, humane society facilities (animal shelters), pet grooming services,
pet sitting services, and pet training services.
Place of Worship means development used for worship and related religious,
philanthropic or social activities and includes Accessory rectories, manses, meeting
rooms, food preparation and service facilities, classrooms, dormitories and other
buildings. Typical Uses include churches, chapels, mosques, temples, synagogues,
parish halls, convents and monasteries.
Postal Service means establishments primarily engaged in operating the postal
service. Establishments of the Post Office, other than those primarily engaged in
providing courier services, are classified in this industry, as well as establishments
that carry on one or more functions of the postal service on a contract basis, except
the delivery of mail in bulk.
Private Clubs means development used for the meeting, social or recreational
activities of members of non-profit philanthropic, civic, political, ethnic, retirement
association, social service, athletic, business or fraternal organization, without on-
site residences. Private Clubs may include rooms for eating, drinking and assembly.
Private Stables means a building in which horses are kept (also sometimes other
livestock) can be maintained privately for an owner's own horses, or operated as a
public business where a fee is charged for keeping other people's horses.
Public Works Yard means any land, building or structure operated by a government
entity for the storage, manufacture, maintenance or repair of materials, equipment,
heavy machinery or motor vehicles used in connection with public works such as
roads or parks maintenance. Includes the outside storage of road maintenance
material such as gravel or sand.
Recreational and Vacation Camps (except hunting and fishing) means
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establishments primarily engaged in operating overnight recreational camps, such
as children's camps, family vacation camps, and outdoor adventure retreats that
offer trail riding, white-water rafting, hiking and similar activities.
Recreational Vehicle Dealers means establishments primarily engaged in retailing
new and used recreational vehicles (RVs), such as motor homes, recreational trailers
and campers. These establishments also typically retail replacement parts and
accessories, and provide repair services.
Recreational Vehicle (RV) Parks and Campgrounds means establishments primarily
engaged in operating serviced or unserviced sites to accommodate campers and
their equipment. Includes tents, tent trailers, travel trailers and recreational vehicles
being provided access to facilities, such as washrooms, laundry rooms, recreation
halls and facilities, and stores and snack bars.
Resorts means establishments primarily engaged in providing short-term lodging in
facilities known as resorts. These establishments feature extensive indoor and/or
outdoor leisure activities on the premises on a year-round basis. Resorts are
designed to accommodate vacationers and provide full-service suites and guest
rooms, typically in a non-urban setting next to lakes, rivers or mountains.
Establishments of this type often provide access to conference facilities. Include
resorts with integrated health spa facilities.
Restaurants means establishments primarily engaged in providing food services to
patrons who order and are served while seated and pay after eating, or who order
or select items at a counter, food bar or cafeteria line (or order by telephone) and
pay before eating. Includes Full-service restaurants; and limited-service eating
places such as coffee shops, doughnut shops, fast food restaurants, ice cream
parlour, take-out restaurants. Excludes Mobile Food Services.
Retail Trade means establishments primarily engaged in retailing merchandise,
generally without transformation, and rendering services incidental to the sale of
merchandise. The retailing process is the final step in the distribution of
merchandise; retailers are therefore organized to sell merchandise in small
quantities to the general public. Included are Retail Stores such as:
(a)
Furniture and home furnishings stores
(b)
Electronics and appliance stores
(c)
Food and beverage stores
(d)
Supermarkets and other grocery,
(e)
Convenience Stores
(f)
Specialty Food Stores
(g)
Fruit and vegetable markets
(h)
Beer, wine and liquor stores
(i)
Health and personal care stores
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(j)
Pharmacies and drug stores
(k)
Cosmetics, beauty supplies and perfume stores
(l)
Optical goods stores
(m)
Clothing stores
(n)
Sporting goods, hobby, book and music stores
(o)
General merchandise stores
(p)
Warehouse clubs
(q)
Home and auto supplies stores
(r)
Used merchandise stores
Retail Store means establishments operating as a fixed point-of-sale location,
located and designed to attract a high volume of walk-in customers. Typically sell
merchandise to the general public for personal or household consumption, but
some also serve businesses and institutions.
Road Allowance means a right of way surveyed for the purpose of a road by either
the federal or provincial government survey and includes a right of way provided by
a statute for the purpose of a road, a right of way dedicated to the public use as a
highway, and a road allowance under the jurisdiction of a municipality.
Rooming and Boarding Houses means an establishment primarily engaged in
operating rooming and boarding houses and similar facilities. A building or part of
building, used for congregate living, containing Sleeping Units and four or more
persons, and where there is no provision of on-site care, treatment or professional
services of a physical or mental health nature. May provide complementary services,
such as housekeeping, meals and laundry service; may provide temporary or longer-
term accommodation, which, for the period of occupancy, may serve as a principal
residence.
Scenic and Sightseeing Transportation means establishments primarily engaged in
providing recreational transportation, such as sightseeing or dinner cruises, steam
train excursions, horse-drawn sightseeing rides, air-boat rides or hot-air balloon
rides. These establishments often use vintage or specialized transportation
equipment. The services provided are local in nature, usually involving same-day
return. Establishments that provide charter fishing services are included.
Scientific Research and Development Services means establishments primarily
engaged in conducting original investigation, undertaken on a systematic basis to
gain new knowledge (research), and in the application of research findings or other
scientific knowledge for the creation of new or significantly improved products or
processes (experimental development). The industries within this industry group are
defined on the basis of the domain of research; that is, on the scientific expertise of
the establishment.
Self-Storage Mini-Warehouses means establishments primarily engaged in renting
or leasing space for self-storage. These establishments provide secure space
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Uses
(rooms, compartments, lockers, containers or outdoor space) where clients can store
and retrieve their goods.
Shipping Containers [Sea Cans] mean an intermodal container designed and built
for intermodal freight transport
Sleep Cabin means a building accessory to and subordinate to a cottage use, that is
designed to provide additional sleeping quarters for occasional guests of the owner
and without kitchen facilities.
Sports Arena/Stadiums facilities means establishments primarily engaged in
operating sports stadiums and other sports facilities, and organizing and promoting
sports events or similar events held in these facilities. Includes:
(a)
Promoting and presenting sports tournaments, in their own facilities
(b)
Professional, semi-professional or amateur athletes primarily engage in
performing before a paying audience
(c)
Professional, semi-professional, or amateur sports clubs primarily engaged in
presenting or participating in sporting events before a paying audience
Surface improvement means a structure of any kind and includes a well, railway,
pipeline, flow line, roadway, power line and a runway and taxiway for an aircraft.
Testing Laboratories means establishments primarily engaged in providing physical,
chemical and other analytical testing services. The testing activities may occur in a
laboratory or on-site.
Truck Transportation means establishments primarily engaged in the truck
transportation of goods. These establishments may carry general freight or
specialized freight. Specialized freight comprises goods that, because of size,
weight, shape or other inherent characteristics, require specialized equipment for
transportation. Establishments may operate locally, that is within a metropolitan area
and its hinterland, or over long distances, that is between metropolitan areas.
Utilities means establishments primarily engaged in operating electric, gas and
water utilities. These establishments generate, transmit, control and distribute
electric power; distribute natural gas; treat and distribute water; operate sewer
systems and sewage treatment facilities; and provide related services, generally
through a permanent infrastructure of lines, pipes and treatment and processing
facilities. Includes: Electric power generation, transmission and distribution; and
Natural gas distribution.
Veterinary Services means establishments of licensed veterinary practitioners
primarily engaged in the practice of veterinary medicine, dentistry, or surgery for
animals includes:
(a)
Animal hospitals
(b)
Consulting and visiting services, veterinary
(c)
Herd inspecting and testing services, veterinary
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(d)
Surgery services, veterinary
(e)
Veterinary practices or clinics
(f)
Veterinary testing laboratories
Warehousing and Storage means establishments primarily engaged in operating
general merchandise, refrigerated and other warehousing and storage facilities.
Included in this subsector are third-party warehouses serving retail chains and
wholesalers. Establishments in this subsector provide facilities to store goods for
customers. They do not take title to the goods they handle. These establishments
take responsibility for storing the goods and keeping them secure. They may also
provide a range of services, often referred to as logistics services, related to the
distribution of a customer's goods. Logistics services can include labelling, breaking
bulk, inventory control and management, light assembly, order entry and fulfillment,
packaging, pick and pack, price marking and ticketing and transportation
arrangement. However, establishments in this subsector always provide storage
services in addition to any logistics services. Furthermore, the storage of goods
must be more than incidental to the performance of a service such as price marking.
Waste Disposal Grounds means a parcel of land that is used for the disposal of solid
or industrial waste [Landfill].
Wastewater Management System means a system used to collect, store, treat,
distribute and dispose of wastewater, and includes the facilities and services
associated in the management of wastewater. [Sewage treatment facilities].
Wholesale Trade means establishments primarily engaged in wholesaling
merchandise, generally without transformation, and rendering services incidental to
the sale of merchandise. The wholesaling process is an intermediate step in the
distribution of goods. Many wholesalers are organized to sell merchandise in large
quantities to retailers, and business and institutional clients. However, some
wholesalers, in particular those that supply non-consumer capital goods, sell
merchandise in single units to final users. Includes:
(a)
Petroleum and petroleum products merchant wholesalers
(b)
Food, beverage and tobacco merchant wholesalers
(c)
Personal and household goods merchant wholesalers
(d)
Motor vehicle and motor vehicle parts and accessories merchant wholesalers
(e)
Building material and supplies merchant wholesalers
(f)
Machinery, equipment and supplies merchant wholesalers
(g)
Building material and garden equipment and supplies dealers
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6.1
Establishing Zones for Land-Uses
Land-uses in the planning area are regulated in accordance with the following
zoning districts:
6.1.1
Table 11: Zoning Districts
Zoning District
Abbr.
Conservative
Agriculture Operations
AO
Agriculture Enterprises
AE
Open Space
OS
Institutional
IN
Progressive
Tourist Recreational Cottages
TRC
Tourist Recreational Accommodations
TRA
Tourist Recreational Mixed
TRM
Rural Residential
RR
Residential - First Density
R1
Residential - Second Density
R2
Residential - Third Density
R3
Commercial Main Streets
CM
Commercial Highway
CH
Light Industrial
EL
Airport Industrial
EA
Heavy Industrial
EH
Transformative
Planned Development Overlay - 1
PDO-1
Planned Development Overlay - 2
PDO-2
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6.2
Allowable Uses: Permitted and Conditional
The permitted and conditional uses are land-uses prescribed for lands within each
zone, which set out in the Land-Use Tables for each Zoning District.
(a)
Where a use is not listed and is not similar to, or accessory to, a permitted or
conditional principal use, or a permitted or conditional secondary use, the
land-use is not allowed in the zone.
6.3
Bulk Regulations
No land, building, or structure shall be used or occupied, and no building or
structure shall be constructed, erected, altered, enlarged, or placed, except in
accordance with the bulk requirements described in the Bulk Regulations Tables for
each Zoning District, unless described elsewhere in this By-law.
6.4
Planned Development Overlay Districts
The following overlay zoning districts are hereby established, and each such district
is intended for the purposes described below:
6.4.1
Planned Development Overlay - 1 (PDO-1) (Special District)
Is a zoning district which is applied over one or more previously established zoning
districts, establishing additional or stricter standards and criteria for covered
properties in addition to those of the underlying zoning district.
(1)
Planned Development Overlay 1 (PDO-1) are used to:
a.
Promote specific land-uses to develop, such as mixed-use,
affordable housing, or a type of agricultural operation, by enabling
the land-use(s) in a specified sub-area;
b.
Restrict specific types of land-uses on an area wide basis to
protect a nearby special features such as historic resources,
airports, wetlands, steep slopes, and waterfronts; or
c.
Establish dimensional standards such as lot areas, lot coverage,
yards, signage, parking requirements, and setbacks affecting only
a sub-area to protect a special feature or to promote a specific
type of development.
(2)
The purpose of the Planned Development Overlay 1 (PDO-1) overlay
district is to provide a means to alter or specify allowed uses and/or
development standards in otherwise appropriate zones, in unique or
special circumstances, in order to achieve local planning objectives
across multiple properties or neighbourhoods, and not associated with
any master planned development envisioned for an area or a site.
(3)
Used to tailor the regulations of a land-use(s) in a specific geographical
location.
(4)
A PDO-1 zoning district is appropriate when additional zoning controls
are required to address an area-wide (rather than site-specific) condition,
or to implement an area-wide plan for the proposed district. PDO-1
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6.0 Zoning Districts
districts are generally appropriate for areas with unique or special
circumstances.
(5)
The PDO-1 overlay must only be applied to zones where specified
through a text amendment to the Zoning By-law. Such amendment must
include:
a.
A map of the location(s) of any lands affected by the overlay at an
appropriate scale indicating the designation, location, and
boundaries of each underlying zoning district; and
b.
Every regulation specified or changed for the underlying zoning
district by the PDO-1 overlay including the addition or removal of
allowable uses.
(6)
The PDO-1 overlay may not be used:
a.
Where the proposed changes to the regulations of the underlying
zoning district:
i.
are significant enough to be inconsistent with the general
purpose of the underlying zoning district(s) and the
designation of another existing zone district in this By-law
would be more appropriate;
ii.
are not merely related to local planning objectives but would
have significant general application to warrant an
amendment to the text of the underlying zoning district itself
or to create a new Zoning District; or
iii.
are intended to provide such detailed or site-specific control
over the design and siting of a special development that the
use of the PDO-2 overlay would be more appropriate.
(7)
All regulations in the Zoning By-law must apply to development in the
area covered by the adopted PDO-1 overlay, unless the PDO-1 By-law
specifically modifies or alleviates those regulations.
(8)
All adopted PDO-1 districts shall be contained in attached schedules
which form part of this By-law.
6.4.2
Planned Development Overlay - 2 (PDO-2) (Master Planned Development)
Is a zoning district which modifies the zoning regulations and standards of an
existing zoning district by tailoring the zoning to address the specific needs of a
development project planned for a site. PDO-2s formulate the site-specific
regulations in response to on-site conditions, or to mitigate off-site impacts
associated with a planned development.
(1)
The purpose of the Planned Development Overlay 2 (PDO-2) overlay
district is to provide for site-specific control over an individual proposed
development, in unique or special circumstances, where any other zone
would be inappropriate or inadequate.
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(2)
A PDO-2 district is appropriate when the proposed development
regulations do not relate to an area-wide condition, but are explicit to
covering only the location of the proposed development.
(3)
PDO-2 districts are appropriate for a development with unique
attributes or located on a site with special characteristics, which have not
been contemplated in the existing zoning districts.
(4)
The PDO-2 overlay must only be applied to a well-defined site to
regulate a specific development being proposed under the following
circumstances:
a.
The proposed development exceeds the development provisions
of the closest equivalent existing zoning district;
b.
The proposed development requires specific regulations to ensure
land use conflicts with adjoining and adjacent properties are
minimized;
c.
The site for the proposed development has unique characteristics
that require specific regulations; or
d.
The ongoing operation of the proposed development and the
unique nature of the land-use(s) requires specific regulations to
that site.
(5)
The PDO-2 overlay must only be applied to zones where specified through
a text amendment to the Zoning By-law. Such amendment must include:
a.
A map of the location(s) of any lands affected by the overlay at an
appropriate scale indicating the designation, location, and
boundaries of the PDO-2 overlay; and
b.
Every regulation specified by this Zoning By-law for a zoning
district to be regulated by the PDO-2 overlay including allowable
use and lot dimensions.
(6)
The regulations provided in the PDO-2 district substitute the specified
regulations of the Zoning By-law, and the provisions of the PDO-2 govern.
(7)
All regulations in the Zoning By-law shall apply to a development in the
area covered by the adopted PDO-2 overlay, unless the PDO-2 By-law
specifically modifies or alleviates those regulations.
(8)
Where there is a conflict between the provisions of the PDO-2 and those
of the underlying zone including zones modified by a PDO-1, the
provisions of the PDO-2s govern.
(9)
All adopted PDO-2 districts shall be contained in attached schedules,
which form part of this By-law.
The following pages contain use and bulk tables (which show the permitted and
conditional uses, as well as bulk standards for required yards and building heights)
for each of the zoning districted listed in the previous section.
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6.5
Agriculture Operations - AO
6.5.1
Purpose:
This Zone enables agricultural producers to generate agricultural products.
6.5.2
Table 12: AO Land Use
AO Bulk Standards
Principle Uses Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Agriculture Operations
80.0
1,000
125
25
25
25
35
Apiculture (Beekeeping)
2.0
200
125
25
25
25
35
Drinking Water System
2.0
200
125
25
25
25
35
Dwelling, Single-Detached
2.0
660
125
25
25
25
35
Equestrian Establishment
80.0
200
125
25
25
25
35
Exploration Projects
2.0
200
125
25
25
25
35
Heritage Resources
2.0
200
125
25
25
25
35
Livestock Operation Uses,
10 AU > 299 AU
80.0
200
125
25
25
25
35
Municipal Fire-Fighting
Services
2.0
200
125
25
25
25
35
Public Works Yard
2.0
200
125
25
25
25
35
Utilities
2.0
200
125
25
25
25
35
Waste Disposal Grounds
2.0
200
125
25
25
25
35
Wastewater Management
System
2.0
200
125
25
25
25
35
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6.0 Zoning Districts
AO Bulk Standards
Conditional Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Aggregate Quarry
2.0
200
125
25
25
25
35
Cemeteries
2.0
200
125
25
25
25
35
Community Centre
80.0
200
125
25
25
25
35
Crematorium
2.0
200
125
25
25
25
35
Heritage Institutions
2.0
200
125
25
25
25
35
Livestock Operations
Uses, Large Scale, +300
Animal Units
80.0
200
125
25
25
25
35
Accessory Uses Permitted
Accessory Dwelling
Units
5.0
200
125
25
25
25
35
Animal Keeping
5.0
200
125
25
25
25
35
Agri-Tourism
5.0
200
125
25
25
25
35
Bed and Breakfast
5.0
200
125
25
25
25
35
Boat Dock, Private
5.0
200
125
25
25
25
35
Home Occupations
5.0
200
125
25
25
25
35
Home Based Business
5.0
200
125
25
25
25
35
Private Stables
5.0
200
125
25
25
25
35
6.5.3
Performance Standards
Single Detached Dwellings shall be subject to the following:
(a)
A maximum of two (2) subdivisions creating lot sizes of less than 80.0 acres
shall be allowed per quarter section of land for accommodating Single
Detached Dwellings.
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6.6
Agriculture Enterprises - AE
6.6.1
Purpose:
This Zone enables establishments primarily engaged in providing goods and
services to agriculture operations; producing food for human or animal consumption
on a large scale in a manufacturing process using agricultural products provided by
an agricultural operation; and industries producing chemicals for agricultural
operations to be established near agriculture operations. Also includes the
production of food crops and non-food crops grown under cover. Habitable spaces
are allowed in limited forms to only accommodate on-site workers, the business
owner, caretaker, security guard or similar employee.
6.6.2
Table 13: AE Land Use
AE Bulk Standards
Principle Uses Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Agri-Business
2.0
200
125
0
25
0
100
Agriculture Operations
80.0
1,000
125
25
25
25
35
Agri-Industrial
2.0
200
125
0
25
0
100
Agri-Manufacturing
2.0
200
125
0
25
0
100
Apiculture (Beekeeping)
2.0
200
125
0
25
0
100
Crematorium
2.0
200
125
0
25
0
100
Exploration Projects
2.0
200
125
0
25
0
100
Gasoline Stations
2.0
200
125
0
25
0
100
Heavy Equipment Sales,
Rental and Servicing
2.0
200
125
0
25
0
100
Municipal Fire-Fighting
Services
2.0
200
125
0
25
0
100
Outside Storage
2.0
200
125
0
25
0
100
Public Works Yard
2.0
200
125
0
25
0
100
Scientific Research and
Development Services
2.0
200
125
0
25
0
100
Testing Laboratories
2.0
200
125
0
25
0
100
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AE Bulk Standards
Principle Uses Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontag
e (min)
ft
Front
Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard
ft
Rear
Yard
(min) ft
Veterinary Services
2.0
200
125
0
25
0
100
Utilities
2.0
200
125
0
25
0
100
Waste Disposal Grounds
2.0
200
125
0
25
0
100
Wastewater Management
System
2.0
200
125
0
25
0
100
Conditional Uses
Aggregate Quarry
2.0
200
125
0
25
0
100
Livestock Operations
Uses, Large Scale, +300
Animal Units
80.0
200
125
0
25
0
100
Accessory Uses Permitted
Agri-Tourism
2.0
200
125
0
25
0
100
Child Day-Care Services
2.0
200
125
0
25
0
100
Dwelling Unit, Detached
2.0
200
125
0
25
0
100
Dwelling Unit, Attached
2.0
200
125
0
25
0
100
Mobile Food Services
2.0
200
125
0
25
0
100
Rooming and Boarding
Houses
2.0
200
125
0
25
0
100
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6.7
Open Space Zone - OS
6.7.1
Purpose:
This Zone enables public access to lands for active and passive recreational uses in
parks; the creation of landscaped buffers between incompatible land-uses; the
preservation of critical and significant wildlife habitat; and the protection Natural
Lands Policy Areas identified in the Development Plan for such protection to
optimize ecological, heritage, cultural, health and economic benefits to the
communities.
6.7.2
Table 14: OS Land Use
OS Bulk Standards
Principle Uses Permitted
Required Yards
Building
Height
(max) ft
Front Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard
ft
Rear Yard
(min) ft
Cemeteries
40
5
15
25
35
Community Centre
40
5
15
25
35
Community Garden
40
5
15
25
35
Fitness and Recreational Sports
Centres
40
5
15
25
35
Golf Courses and
Country Clubs
40
5
15
25
35
Heritage Institutions
40
5
15
25
35
Heritage Resources
40
5
15
25
35
Interpretive Centre
40
5
15
25
35
Libraries
40
5
15
25
35
Mobile Food Services
40
5
15
25
35
Nature Parks
40
5
15
25
35
Off-Leash Dog Area
40
5
15
25
35
Park
40
5
15
25
35
Parking Lot
40
5
15
25
35
Utilities
40
5
15
25
35
124
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
OS Bulk Standards
Conditional Uses
Required Yards
Building
Height
(max) ft
Front Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard
ft
Rear Yard
(min) ft
Private Clubs
40
5
15
25
35
Accessory Uses Permitted
Child Day-Care Services
40
5
15
25
35
Pavilion
40
5
15
25
35
Picnic Shelter
40
5
15
25
35
Tri-Roads Planning District Zoning By-law 18/02/2018
125
6.0 Zoning Districts
6.9
Institutional Zone - IN
6.9.1
Purpose:
This Zone enables public or privately owned facilities with an orientation towards
educational, institutional, health care or community service to exist alongside uses
that complement the institutional land-use.
6.9.2
Table 15: IN Land Use
IN Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min)
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Cemeteries
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Child Day-Care
Services
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Community Centre
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Community Garden
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Community Health
Centres
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Community Housing
Services
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Cultural Centre
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Educational Services
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Fitness and
recreational sports
centres
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Health Care Offices
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
126
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
IN Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min)
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Heritage Institutions
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Hospitals
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Interpretive Centre
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Libraries
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Medical and
Diagnostic
Laboratories
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Nursing and
Residential Care
Facilities
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Office
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Off-Leash Dog Area
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Park
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Performing Arts
Companies
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Place of Worship
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Private Clubs
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
Tri-Roads Planning District Zoning By-law 18/02/2018
127
6.0 Zoning Districts
IN Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min)
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Scientific Research
and Development
Services
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Sports Arena/
Stadiums
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Testing Laboratories
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Utilities
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Conditional Uses
Dwelling Unit, Live
Work
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Accessory Uses Permitted
Agri-
Manufacturing
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Dwelling Unit,
Attached
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Mobile Food Services
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Pavilion
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Picnic Shelter
5,000 ft2
50
40%
20
10
15
30
60
2.0 ac
80
40%
20
15
20
30
45
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
128
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
6.10 Tourist Recreation Cottage Zone - TRC
6.10.1 Purpose:
This Zone enables residential uses that are intended to be used seasonally, or to be
used as residences year round, which may generally be located in a Tourism Policy
Area in the Tri-Roads Development Plan By-law 18-01-18.
6.10.2 Table 16: TRC Land Use
TRC Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Community
Garden
9,000
75
40%
480
25
10
15
25
35
Cottage
9,000
75
40%
480
25
10
15
25
35
Nature Parks
9,000
75
40%
480
25
10
15
25
35
Off-Leash
Dog Area
9,000
75
40%
480
25
10
15
25
35
Park
9,000
75
40%
480
25
10
15
25
35
Utilities
9,000
75
40%
480
25
10
15
25
35
Accessory Uses Permitted
Bed and
Breakfast
9,000
75
40%
480
25
10
15
25
35
Boat Dock,
Private
9,000
75
40%
480
25
10
15
25
35
Boat House
9,000
75
40%
480
25
10
15
25
35
Boat Port
9,000
75
40%
480
25
10
15
25
35
Boat Slip
9,000
75
40%
480
25
10
15
25
35
Dwelling Unit,
Accessory,
9,000
75
40%
480
25
10
15
25
35
Home
Occupation
9,000
75
40%
480
25
10
15
25
35
Sleep Cabin
9,000
75
40%
480
25
10
15
25
35
Tri-Roads Planning District Zoning By-law 18/02/2018
129
6.0 Zoning Districts
6.11 Tourist Recreation Accommodations Zone - TRA
6.11.1 Purpose:
This Zone enables an assortment of seasonal accommodations for tourists alongside
complementary uses that provide support and services to tourists, which are located in a
Tourism Policy Area in the Tri-Roads Development Plan By-law 18-01-18.
6.11.2 Table 17: TRA Land Use
TRA Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Community
Garden
12,000
75
40%
480
20
15
25
25
35
Hostel
12,000
75
40%
480
20
15
25
25
35
House-
keeping
Cottages and
Cabins
12,000
75
40%
480
20
15
25
25
35
Hunting
and Fishing
Camps
12,000
75
40%
480
20
15
25
25
35
Marinas
12,000
75
40%
480
20
15
25
25
35
Nature Parks
12,000
75
40%
480
20
15
25
25
35
Off-Leash
Dog Area
12,000
75
40%
480
20
15
25
25
35
Park
12,000
75
40%
480
20
15
25
25
35
Pavilion
12,000
75
40%
480
20
15
25
25
35
Recreational
and Vacation
Camps
12,000
75
40%
480
20
15
25
25
35
Recreational
Vehicle (RV)
Parks and
Campgrounds
12,000
75
40%
480
20
15
25
25
35
Resorts
12,000
75
40%
480
20
15
25
25
35
Utilities
12,000
75
40%
480
20
15
25
25
35
130
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
TRA Bulk Standards
Conditional
Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Cultural
Centre
12,000
75
40%
480
20
15
25
25
35
Drinking
Places
12,000
75
40%
480
20
15
25
25
35
Fitness and
Recreational
Sports
Centres
12,000
75
40%
480
20
15
25
25
35
Gasoline
Stations with
Convenience
Stores
12,000
75
40%
480
20
15
25
25
35
Golf Courses
and Country
Clubs
12,000
75
40%
480
20
15
25
25
35
Hotels
12,000
75
40%
480
20
15
25
25
35
Interpretive
Centre
12,000
75
40%
480
20
15
25
25
35
Micro-
Brewery /
Distillery /
Winery
12,000
75
40%
480
20
15
25
25
35
Mobile Food
Services
12,000
75
40%
480
20
15
25
25
35
Motorcycle,
Boat and
Other Motor
Vehicle
Dealers
12,000
75
40%
480
20
15
25
25
35
Parking Lot
12,000
75
40%
480
20
15
25
25
35
Private Clubs
12,000
75
40%
480
20
15
25
25
35
Motels
12,000
75
40%
480
20
15
25
25
35
Motor Hotels
12,000
75
40%
480
20
15
25
25
35
Tri-Roads Planning District Zoning By-law 18/02/2018
131
6.0 Zoning Districts
TRA Bulk Standards
Conditional
Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Restaurants
12,000
75
40%
480
20
15
25
25
35
Retail Store
12,000
75
40%
480
20
15
25
25
35
Waste
Disposal
Grounds
12,000
75
40%
480
20
15
25
25
35
Accessory Uses Permitted
Boat Dock,
Private
12,000
75
40%
480
20
15
25
25
35
Boat House
12,000
75
40%
480
20
15
25
25
35
Boat Port
12,000
75
40%
480
20
15
25
25
35
Boat Slip
12,000
75
40%
480
20
15
25
25
35
Dwelling Unit,
Accessory,
12,000
75
40%
480
20
15
25
25
35
Home
Occupation
12,000
75
40%
480
20
15
25
25
35
Picnic Shelter
12,000
75
40%
480
20
15
25
25
35
Sleep Cabin
12,000
75
40%
480
20
15
25
25
35
132
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
6.12 Tourist Recreation Mixed Use Zone - TRM
6.12.1 Purpose:
This Zone enables an assortment of seasonal accommodations, tourist attractions,
and facilities for culture and sport to be established for the purposes of providing
dynamic recreational opportunities and support services to tourists. Habitable
spaces are allowed to accommodate on-site workers, the business owner, caretaker,
security guard or similar employee. This zone is located in a Tourism Policy Area in
the Tri-Roads Development Plan By-law 18-01-18.
6.12.2 Table 18: TRM Land Use
TRM Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Community
Centre
60,000
100
40%
480
50
15
25
25
35
Community
Garden
60,000
100
40%
480
50
15
25
25
35
Cultural
Centre
60,000
100
40%
480
50
15
25
25
35
Drinking
Places
60,000
100
40%
480
50
15
25
25
35
Dwelling
Unit, Live
Work
60,000
100
40%
480
50
15
25
25
35
Fitness and
Recreational
Sports
Centres
60,000
100
40%
480
50
15
25
25
35
Gasoline
Stations with
Convenience
Stores
60,000
100
40%
480
50
15
25
25
35
Golf Courses
and Country
Clubs
60,000
100
40%
480
50
15
25
25
35
Heritage
Institutions
60,000
100
40%
480
50
15
25
25
35
Tri-Roads Planning District Zoning By-law 18/02/2018
133
6.0 Zoning Districts
TRM Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Heritage
Resources
60,000
100
40%
480
50
15
25
25
35
Hostel
60,000
100
40%
480
50
15
25
25
35
Hotels
60,000
100
40%
480
50
15
25
25
35
House-
keeping
Cottages and
Cabins
60,000
100
40%
480
50
15
25
25
35
Hunting
and Fishing
Camps
60,000
100
40%
480
50
15
25
25
35
Interpretive
Centre
60,000
100
40%
480
50
15
25
25
35
Marinas
60,000
100
40%
480
50
15
25
25
35
Micro-
Brewery /
Distillery /
Winery
60,000
100
40%
480
50
15
25
25
35
Mobile Food
Services
60,000
100
40%
480
50
15
25
25
35
Motels
60,000
100
40%
480
50
15
25
25
35
Motor Hotels
60,000
100
40%
480
50
15
25
25
35
Nature Parks
60,000
100
40%
480
50
15
25
25
35
Off-Leash
Dog Area
60,000
100
40%
480
50
15
25
25
35
Outside
Display
60,000
100
40%
480
50
15
25
25
35
Park
60,000
100
40%
480
50
15
25
25
35
Pavilion
60,000
100
40%
480
50
15
25
25
35
Performing
Arts
Companies
60,000
100
40%
480
50
15
25
25
35
134
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
TRM Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Personal
Service Shops
60,000
100
40%
480
50
15
25
25
35
Private Clubs
60,000
100
40%
480
50
15
25
25
35
Recreational
and Vacation
Camps
60,000
100
40%
480
50
15
25
25
35
Recreational
Vehicle (RV)
Parks and
Campgrounds
60,000
100
40%
480
50
15
25
25
35
Resorts
60,000
100
40%
480
50
15
25
25
35
Restaurants
60,000
100
40%
480
50
15
25
25
35
Retail Store
60,000
100
40%
480
50
15
25
25
35
Scenic and
Sightseeing
Transport-
ation
60,000
100
40%
480
50
15
25
25
35
Sports Arena/
Stadiums
60,000
100
40%
480
50
15
25
25
35
Utilities
60,000
100
40%
480
50
15
25
25
35
Conditional Uses
Cottage
60,000
100
40%
480
50
15
25
25
35
Equestrian
Establish-
ment
60,000
100
40%
480
50
15
25
25
35
Motorcycle,
Boat and
Other Motor
Vehicle
Dealers
60,000
100
40%
480
50
15
25
25
35
Parking Lot
60,000
100
40%
480
50
15
25
25
35
Tri-Roads Planning District Zoning By-law 18/02/2018
135
6.0 Zoning Districts
Conditional Us es
TRM Bulk Standards
Conditional
Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Private
Stables
60,000
100
40%
480
50
15
25
25
35
Waste
Disposal
Grounds
60,000
100
40%
480
50
15
25
25
35
Accessory Uses Permitted
Boat Dock,
Private
60,000
100
40%
480
50
15
25
25
35
Boat House
60,000
100
40%
480
50
15
25
25
35
Boat Port
60,000
100
40%
480
50
15
25
25
35
Boat Slip
60,000
100
40%
480
50
15
25
25
35
Child
Day-Care
Services
60,000
100
40%
480
50
15
25
25
35
Dwelling Unit,
Accessory
60,000
100
40%
480
50
15
25
25
35
Home
Occupation
60,000
100
40%
480
50
15
25
25
35
Picnic Shelter
60,000
100
40%
480
50
15
25
25
35
Sleep Cabin
60,000
100
40%
480
50
15
25
25
35
136
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
6.13 Rural Residential Zone - RR
6.13.1 Purpose:
This Zone is to provide for Single Detached Dwellings intended to be a permanent
residence with a larger lot size and in a rural setting, that may have some piped
water or wastewater infrastructure. Rural Residential are a concentration of three (3)
or more Single Detached Dwellings on lot sizes of 5.0 acres or less in a radius
proximity of less than 2,640 feet.
6.13.2 Table 19: RR Land Use
RR Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ac
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Community
Garden
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Dwelling,
Single
Detached
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Off-Leash Dog
Area
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Park
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Utilities
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Accessory Uses Permitted
Animal
Keeping
5.0
100
30%
800
125
10
20
25
35
5.0
200
30%
800
125
25
25
25
35
Apiculture
(Beekeeping)
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Bed and
Breakfast
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Equestrian
Establishment
5.0
100
30%
800
125
10
20
25
35
5.0
200
30%
800
125
25
25
25
35
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
Tri-Roads Planning District Zoning By-law 18/02/2018
137
6.0 Zoning Districts
Accessory Use s Permitt ed
RR Bulk Standards
Lot Dimensions
Required Yards
Building
Height
(max) ft
Accessory
Uses
Permitted
Lot
Area
(min) ac
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Garage Suites
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Garden Suites
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Home
Occupation
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Home Based
Business
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Private
Stables
5.0
100
30%
800
125
10
20
25
35
5.0
200
30%
800
125
25
25
25
35
Secondary
Suites
1.0
100
30%
800
125
10
20
25
35
2.0
200
30%
800
125
25
25
25
35
Municipal Piped
Water and Sewer
Municipal Water Only OR No Piped
Municipal Services
138
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
6.14 Residential - First Density Zone - R1
6.14.1 Purpose:
This Zone is for Single Detached Dwellings intended to be used as permanent residences in
a settlement centre that should be serviced with piped municipal water and wastewater
infrastructure.
6.14.2 Table 20: R1 Land Use
R1 Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Community
Garden
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Community
Housing
Services
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Dwelling,
Single
Detached
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Dwelling,
Semi-
Detached
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Dwelling,
Duplex
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Dwelling,
Triplex
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
1Corner Lot
2Key or Interior Lot
4 and 10 feet required
Rear Public Lane
No Rear Public Lane
Tri-Roads Planning District Zoning By-law 18/02/2018
139
6.0 Zoning Districts
1Corner Lot
2Key or Interior Lot
5 and 10 feet required
Rear Public Lane
No Rear Public Lane
R1 Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Park
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Utilities
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Conditional Uses
Mobile
Homes
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5 K2
= 5/10
10
25
35
Off-Leash
Dog Area
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Accessory Uses Permitted
Bed and
Breakfast
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Secondary
Suites
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Garage Suites
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Garden Suites
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Home
Occupation
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
140
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
6.14.3 R1 Bulk Standards
The following zone regulations apply to all allowable uses in the R1 Zone:
(1)
Minimum Lot Area for a Semi-detached dwelling unit split onto separate
lots is 2,500 square feet per dwelling unit.
(2)
Minimum Lot Frontage for a Semi-detached dwelling unit split onto
separate lots is 25 feet per dwelling unit.
(3)
Minimum Interior Side Yard for interior or key lots may have one side
yard no smaller than 5 feet and shall have one side yard at least 10 feet
in width.
(4)
Minimum Interior Side Yard for units split down party wall, setback shall
be reduced to zero for the lot line(s) corresponding to the vertical party
wall(s) of semi-detached dwellings.
Tri-Roads Planning District Zoning By-law 18/02/2018
141
6.0 Zoning Districts
6.15 Residential - Second Density Zone - R2
6.15.1 Purpose:
This Zone is for Single Detached, Semi-detached, Duplex, and Triplex Dwellings
intended to be used as permanent residences in a settlement centre, and serviced
with piped municipal water and wastewater infrastructure.
6.15.2 Table 21: R2 Land Use
R2 Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min)
ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Community
Garden
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Community
Care Facilities
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Community
Housing
Services
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Dwelling,
Single
Detached
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Dwelling,
Semi-
Detached
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Dwelling,
Duplex
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
1Corner Lot
2Key or Interior Lot
5 and 10 feet required
Rear Public Lane
No Rear Public Lane
142
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
R2 Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min)
ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Dwelling,
Triplex
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Dwelling,
Multiple
Attached
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Dwelling,
Stacked
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Park
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Rooming and
Boarding
Houses
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Utilities
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Conditional Uses
Off-Leash
Dog Area
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
1Corner Lot
2Key or Interior Lot
5 and 10 feet required
Rear Public Lane
No Rear Public Lane
Tri-Roads Planning District Zoning By-law 18/02/2018
143
6.0 Zoning Districts
R2 Bulk Standards
Accessory
Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Bed and
Breakfast
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Secondary
Suites
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Garage Suites
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Garden Suites
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
Home
Occupation
5,000
50
50%
800
25
5
10
25
35
13,000
100
50%
800
25
C1 = 5
K2 = 5/10
10
25
35
1Corner Lot
2Key or Interior Lot
5 and 10 feet required
6.15.3 R2 Bulk Standards
The following zone regulations apply to all allowable uses in the R2 Zone:
(1)
Minimum Lot Area for a Semi-detached dwelling unit split onto separate
lots is 2,500 square feet per dwelling unit.
(2)
Minimum Lot Frontage for a Semi-detached dwelling unit split onto
separate lots is 25 feet per dwelling unit.
(3)
Minimum Lot Area for a Multiple Attached dwelling unit split onto
separate lots is 2,500 square feet per dwelling unit for the end units and
2,000 square feet per dwelling unit for the interior units with common
party walls on both sides.
Rear Public Lane
No Rear Public Lane
144
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
(4)
Minimum Lot Frontage for a Multiple Attached dwelling unit split onto
separate lots is 25 feet per dwelling unit for the end units and 20 feet for
the interior units with common party walls on both sides.
(5)
Minimum Interior Side Yard for interior or key lots may have one side
yard no smaller than 5 feet and shall have one side yard at least 10 feet
in width.
(6)
Minimum Interior Side Yard for units split down party wall, setback shall
be reduced to zero for the lot line(s) corresponding to the vertical party
wall(s) of semi-detached, and multiple attached dwellings.
Tri-Roads Planning District Zoning By-law 18/02/2018
145
6.0 Zoning Districts
6.16 Residential - Third Density Zone - R3
6.16.1 Purpose:
This Zone enables Multiple Attached Dwellings, Stacked Dwellings, Apartment
Dwellings, Bungalow Clusters, Bungalow Courts, Community Care Facilities, and
Nursing and Residential Care Facilities in a settlement centre with piped services.
6.16.2 Table 22: R3 Land Use
R3 Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Bungalow
Clusters
8,000
100
50%
800
25
R1 = 8
N2 = 10
10
25
38
Bungalow
Courts
8,000
100
50%
800
25
R1 = 8
N2 = 10
10
25
38
Community
Care Facilities
5,000
50
50%
800
25
R1 = 5
N2 = 5/10
10
25
35
Community
Garden
5,000
50
50%
800
25
R1 = 5
N2 = 5/10
10
25
35
Community
Housing
Services
5,000
50
50%
800
25
R1 = 5
N2 = 5/10
10
25
35
Dwelling,
Single
Detached
5,000
50
50%
800
25
R1 = 5
N2 = 5/10
10
25
35
Dwelling,
Semi-
Detached
5,000
50
50%
800
25
R1 = 5
N2 = 5/10
10
25
35
Dwelling,
Duplex
5,000
50
50%
800
25
R1 = 5
N2 = 5/10
10
25
35
Dwelling,
Triplex
5,000
50
50%
400
25
R1 = 5
N2 = 5/10
10
25
35
Dwelling,
Multiple
Attached
8,000
100
50%
800
25
R1 = 8
N2 = 10
10
25
38
1Rear lane
2No rear lane
5/10 = 5 & 10 feet required
146
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
R3 Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Gross
Floor
Area
(min) ft2
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Dwelling,
Stacked
5,000
50
50%
800
25
R1 = 5
N2 = 5/10
10
25
35
Dwelling,
Apartment
8,000
100
60%
400
25
R1 = 8
N2 = 10
10
25
45
Nursing and
Residential
Care Facilities
5,000
50
50%
800
25
R1 = 5
N2 = 5/10
10
25
35
Off-Leash
Dog Area
5,000
50
50%
800
25
R1 = 5
N2 = 5/10
10
25
35
Park
5,000
50
50%
800
25
R1 = 5
N2 = 5/10
10
25
35
Rooming and
Boarding
Houses
5,000
50
50%
800
25
R1 = 5
N2 = 5/10
10
25
35
Utilities
5,000
50
50%
800
25
R1 = 5
N2 = 5/10
10
25
35
Accessory Uses Permitted
Home
Occupation
5,000
50
50%
800
25
R1 = 5
N2 = 5/10
10
25
35
1Rear lane
2No rear lane
5/10 = 5 & 10 feet required
Tri-Roads Planning District Zoning By-law 18/02/2018
147
6.0 Zoning Districts
6.16.3 Performance Standards
Bungalow Clusters, Bungalow Courts, Community Care Facilities, Multiple Attached
Dwellings, Stacked Dwellings, Apartment Dwellings, and Nursing and Residential
Care Facilities shall be subject to the following:
(1)
Site Plan Approval / Design Review shall be required by the
Development Officer and Council, prior to the issuance of any building
or development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas, fencing,
landscaping, signage, and exterior finishing materials for the
construction of principal buildings and detached accessory buildings
and structures, all of which shall be maintained to the satisfaction of the
Development Officer.
6.16.4 R3 Bulk Standards
The following zone regulations apply to all allowable uses in the R3 Zone:
(1)
Minimum Lot Area for a Semi-detached dwelling unit split onto separate
lots is 2,500 square feet per dwelling unit.
(2)
Minimum Lot Frontage for a Semi-detached dwelling unit split onto
separate lots is 25 feet per dwelling unit.
(3)
Minimum Lot Area for a Multiple Attached dwelling unit split onto
separate lots is 2,500 square feet per dwelling unit for the end units and
2,000 square feet per dwelling unit for the interior units with common
party walls on both sides.
(4)
Minimum Lot Frontage for a Multiple Attached dwelling unit split onto
separate lots is 25 feet per dwelling unit for the end units and 20 feet for
the interior units with common party walls on both sides.
(5)
Minimum Interior Side Yard for interior or key lots may have one side
yard no smaller than 5 feet and shall have one side yard at least 10 feet
in width.
(6)
Minimum Interior Side Yard for units split down party wall, setback shall
be reduced to zero for the lot line(s) corresponding to the vertical party
wall(s) of semi-detached, and multiple attached dwellings.
148
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
6.17 Commercial Main Street Zone - CM
6.17.1 Purpose:
This Zone enables the development of the traditional spines of settlement centres
with a mix of business and personal services in smaller boutique settings that serve
the day-to-day needs of residents and help make the street environment more
walkable with active frontages. Certain types of residential uses are allowed only
above the ground floor or attached to the rear of the structure in a mixed use
building where other permitted uses are on the ground floor fronting the public road.
6.17.2 Table 23: CM Land Use
CM Bulk Standards
Principle Uses
Conditional
Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Child Day-Care
Services
2,500
25
95%
10
0
0
20
60
Community
Centre
2,500
25
95%
10
0
0
20
60
Community
Garden
2,500
25
95%
10
0
0
20
60
Community
Health Centres
2,500
25
95%
10
0
0
20
60
Cultural Centre
2,500
25
95%
10
0
0
20
60
Drinking Places
2,500
25
95%
10
0
0
20
60
Dwelling Unit,
Live Work
2,500
25
95%
10
0
0
20
60
Dwelling,
Multiple
Attached
2,500
25
95%
10
0
0
20
60
Dwelling,
Stacked
2,500
25
95%
10
0
0
20
60
Dwelling,
Apartment
2,500
25
95%
10
0
0
20
60
Educational
Services
2,500
25
95%
10
0
0
20
60
Tri-Roads Planning District Zoning By-law 18/02/2018
149
6.0 Zoning Districts
CM Bulk Standards
Principle Uses
Conditional
Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Finance and
Insurance
2,500
25
95%
10
0
0
20
60
Fitness
and
Recreational
Sports Centres
2,500
25
95%
10
0
0
20
60
Funeral Homes
2,500
25
95%
10
0
0
20
60
Health Care
Offices
2,500
25
95%
10
0
0
20
60
Heritage
Institutions
2,500
25
95%
10
0
0
20
60
Hostel
2,500
25
95%
10
0
0
20
60
Hotels
2,500
25
95%
10
0
0
20
60
Interpretive
Centre
2,500
25
95%
10
0
0
20
60
Libraries
2,500
25
95%
10
0
0
20
60
Manufacturing
2,500
25
95%
10
0
0
20
60
Micro-Brewery
/ Distillery /
Winery
2,500
25
95%
10
0
0
20
60
Mobile Food
Services
2,500
25
95%
10
0
0
20
60
Movie Theaters
2,500
25
95%
10
0
0
20
60
Office
2,500
25
95%
10
0
0
20
60
Off-Leash Dog
Area
2,500
25
95%
10
0
0
20
60
Park
2,500
25
95%
10
0
0
20
60
Pavilion
2,500
25
95%
10
0
0
20
60
Performing Arts
Companies
2,500
25
95%
10
0
0
20
60
150
Tri-Roads Planning District Zoning By-law 18/02/2018
6.0 Zoning Districts
CM Bulk Standards
Principle Uses
Conditional
Uses
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot
Area
(min) ft2
Lot
Frontage
(min) ft
Lot
Coverage
(max)
Front
Yard
(min) ft
Interior
Side
Yard
ft
Exterior
Side
Yard
ft
Rear
Yard
(min) ft
Personal and
Household
Goods
Repair and
Maintenance
2,500
25
95%
10
0
0
20
60
Personal Service
Shops
2,500
25
95%
10
0
0
20
60
Pet Care
Services (except
veterinary)
2,500
25
95%
10
0
0
20
60
Postal Service
2,500
25
95%
10
0
0
20
60
Private Clubs
2,500
25
95%
10
0
0
20
60
Restaurants
2,500
25
95%
10
0
0
20
60
Retail Store
2,500
25
95%
10
0
0
20
60
Utilities
2,500
25
95%
10
0
0
20
60
Veterinary
Services
2,500
25
95%
10
0
0
20
60
Automotive
Repair
and
Maintenance
2,500
25
95%
10
0
0
20
60
Accessory Uses Permitted
Dwelling Unit,
Attached
2,500
25
95%
10
0
0
20
60
Outside Display
2,500
25
95%
10
0
0
20
60
Picnic Shelter
2,500
25
95%
10
0
0
20
60
Tri-Roads Planning District Zoning By-law 18/02/2018
151
6.0 Zoning Districts
6.17.3 Performance Standards
(1)
Site Plan Approval / Design Review shall be required by the
Development Officer and Council, prior to the issuance of any building
or development permits, for the on-site locations and designs of
accessory parking areas, private approaches, garbage areas, fencing,
landscaping, signage, and exterior finishing materials for the
construction of principal buildings and detached accessory buildings
and structures, all of which shall be maintained to the satisfaction of the
Development Officer.
6.0 Zoning Districts
134
Tri-Roads Planning District Zoning By-law 18/02/2018
6.18 Commercial Highway Zone - CH
6.18.1 Purpose:
This Zone provide enables a wide array of uses and services to be located
conveniently on Provincial Trunk Highways or Roads, or arterial streets to better
service a broad market catchment area of residents, businesses, and the travelling
public; and to be exposed to large volumes of vehicle traffic including commercial
vehicles. Characteristics include a dependency on vehicle traffic, large parking
areas, a dominance of vehicle use, and large land areas for development especially
to accommodate commercial vehicles. Limited residential uses are allowed only
above the ground floor, or attached to the rear of the structure in mixed use
buildings where other permitted uses are on the ground floor fronting the public
road.
6.18.2 Table 24: CH Land Use
CH Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side
Yard ft
Rear
Yard
(min) ft
Agri-Business
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Auction House
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Auction Yard
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Automobile Dealers
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Automotive Repair and
Maintenance
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Contractor Service
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Drinking Places
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Municipal Piper
Water and Sewer
Municipal Water Only or
No Piped Services
6.0 Zoning Districts
Tri-Roads Planning District Zoning By-law 18/02/2018
135
CH Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side
Yard ft
Rear
Yard
(min) ft
Drive-Through Facility
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Dwelling Unit, Live
Work
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Finance and Insurance
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Gasoline Stations
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Gasoline Stations
with Convenience
Stores
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Heavy Equipment
Sales, Rental and
Servicing
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Hotels
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Interpretive Centre
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Light Equipment
Sales, Rental and
Servicing
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Micro-Brewery /
Distillery / Winery
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Mobile Food Services
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Motels
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Motor Hotels
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
6.0 Zoning Districts
136
Tri-Roads Planning District Zoning By-law 18/02/2018
CH Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side
Yard ft
Rear
Yard
(min) ft
Motorcycle, Boat and
Other Motor Vehicle
Dealers
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Municipal Fire-
Fighting Services
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Office
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Parking Lot
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Postal Service
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Private Clubs
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Public Works Yard
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Recreational
Vehicle Dealers
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Restaurants
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Retail Trade
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Scenic and
Sightseeing
Transportation
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Utilities
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Wholesale Trade
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Municipal Piper
Water and Sewer
Municipal Water Only or
No Piped Services
6.0 Zoning Districts
Tri-Roads Planning District Zoning By-law 18/02/2018
137
CH Bulk Standards
Principle Uses
Conditional
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side
Yard ft
Rear
Yard
(min) ft
Child Day-Care
Services
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Cultural Centre
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Funeral Homes
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Heritage Institutions
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Movie Theaters
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Place of Worship
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Veterinary Services
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Accessory Uses Permitted
Apiculture
(Beekeeping)
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Dwelling Unit,
Attached or
Detached
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Outside Display
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Outside Storage
1.0
75
25
10
25
20
60
2.0
200
50
25
25
0
45
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
6.0 Zoning Districts
138
Tri-Roads Planning District Zoning By-law 18/02/2018
6.19 Light Industrial Zone - EL
6.19.1 Purpose:
This Zone provide areas for employment uses that occur entirely within an
enclosed building with limited use of outside areas to employee parking; not
more than 2 loading areas; and makes use of vehicles with GVWR less than 33,000
lbs. Retail trade accessory to the employment activity may be allowable.
Habitable spaces are allowed in limited forms to only accommodate on-site
workers, the business owner, caretaker, security guard or similar employee.
6.19.2 Table 25: EL Land Use
EL Bulk Standards
Principle Uses Permitted
Required Yards
Building
Height
(max) ft
Front Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard
ft
Rear Yard
(min) ft
Agri-Business
40
5
15
25
35
Agri-Manufacturing
40
5
15
25
35
Auction House
40
5
15
25
35
Child Day-Care Services
40
5
15
25
35
Contractor Service
40
5
15
25
35
Dwelling Unit, Live Work
40
5
15
25
35
Educational Services
40
5
15
25
35
Fitness and Recreational
Sports Centres
40
5
15
25
35
Funeral Homes
40
5
15
25
35
Light Equipment Sales,
Rental and Servicing
40
5
15
25
35
Manufacturing
40
5
15
25
35
Micro-Brewery /
Distillery / Winery
40
5
15
25
35
Municipal Fire-Fighting
Services
40
5
15
25
35
Office
40
5
15
25
35
6.0 Zoning Districts
Tri-Roads Planning District Zoning By-law 18/02/2018
139
EL Bulk Standards
Principle Uses Permitted
Required Yards
Building
Height
(max) ft
Front Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard
ft
Rear Yard
(min) ft
Personal and Household
Goods Repair and
Maintenance
40
5
15
25
35
Pet Care Services
(except veterinary)
40
5
15
25
35
Scientific Research and
Development Services
40
5
15
25
35
Self-Storage
Mini-Warehouses
40
5
15
25
35
Testing Laboratories
40
5
15
25
35
Utilities
40
5
15
25
35
Veterinary Services
40
5
15
25
35
Warehousing and
Storage
40
5
15
25
35
Wholesale Trade
40
5
15
25
35
Conditional Uses
Outside Storage
40
5
15
25
35
Accessory Uses Permitted
Apiculture (Beekeeping)
40
5
15
25
35
Dwelling Unit, Detached
40
5
15
25
35
Dwelling Unit, Attached
40
5
15
25
35
Mobile Food Services
40
5
15
25
35
Retail Trade
40
5
15
25
35
Rooming and Boarding
Houses
40
5
15
25
35
6.0 Zoning Districts
140
Tri-Roads Planning District Zoning By-law 18/02/2018
6.20 Airport Industrial Zone - EA
6.20.1 Purpose:
This Zone provides for airport operations, and enables complementary land-uses associated
with airport functions and activities such as tourist accommodations, commercial and
employment uses.
6.20.2 Table 26: EA Land Use
EA Bulk Standards
Principle Uses Permitted
Required Yards
Building
Height
(max) ft
Front Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard
ft
Rear Yard
(min) ft
Agri-Business
50
5
15
25
45
Agri-Manufacturing
50
5
15
25
45
Airport Operations
50
5
15
25
45
Auction House
50
5
15
25
45
Child Day-Care Services
50
5
15
25
45
Contractor Service
50
5
15
25
45
Cultural Centre
Drinking Places
50
5
15
25
45
Educational Services
50
5
15
25
45
Fitness and Recreational
Sports Centres
50
5
15
25
45
Gasoline Stations
50
5
15
25
45
Hostel
50
5
15
25
45
Hotels
50
5
15
25
45
Manufacturing
50
5
15
25
45
Mobile Food Services
50
5
15
25
45
Motorcycle, Boat and
Other Motor Vehicle
Dealers
50
5
15
25
45
Motor Hotels
50
5
15
25
45
Municipal Fire-Fighting
Services
50
5
15
25
45
6.0 Zoning Districts
Tri-Roads Planning District Zoning By-law 18/02/2018
141
EA Bulk Standards
Principle Uses Permitted
Required Yards
Building
Height
(max) ft
Front Yard
(min) ft
Interior
Side Yard
ft
Exterior
Side Yard
ft
Rear Yard
(min) ft
Office
50
5
15
25
45
Outside Storage
50
5
15
25
45
Parking Lot
50
5
15
25
45
Postal Service
50
5
15
25
45
Private Clubs
50
5
15
25
45
Public Works Yard
50
5
15
25
45
Restaurants
50
5
15
25
45
Retail Trade
50
5
15
25
45
Scenic and Sightseeing
Transportation
50
5
15
25
45
Self-Storage
Mini-Warehouses
50
5
15
25
45
Truck Transportation
50
5
15
25
45
Utilities
50
5
15
25
45
Warehousing and
Storage
50
5
15
25
45
Wholesale Trade
50
5
15
25
45
Accessory Uses Permitted
Dwelling Unit, Attached
50
5
15
25
45
Rooming and Boarding
Houses
50
5
15
25
45
6.0 Zoning Districts
142
Tri-Roads Planning District Zoning By-law 18/02/2018
6.21 Heavy Industrial Zone - EH
6.21.1 Purpose:
This Zone means establishments that, due to their appearance, smoke, fumes,
noise, odour, routine use of medium to heavy commercial vehicles, risk of toxic
emissions, or high risk of fire and explosion hazards, are incompatible with
residential and other land-uses. Heavy Industrial land-uses are where one of the
following activities occur:
(a)
The manufacturing, fabricating, processing, assembly or disassembly of
materials, semi-finished goods, finished goods, products or equipment,
provided live animals are not involved in any aspect of the operation where
part or all of the processes and functions associated with the use are located
outside of a building.
(b)
The cleaning, servicing, testing, repairing or maintenance of industrial or
commercial goods and equipment where part or all of the processes and
functions associated with the use are located outside of a building.
(c)
The crushing, dismantling, sorting or processing of discarded goods outside a
building.
(d)
Establishments that routinely make use of, or store or park overnight outside a
building, vehicles with GVWR greater than 33,001 lbs. or more than 6 vehicles
with GVWR greater than 19,501 lbs.
(e)
Establishments whose sole purpose is to provide for the consolidation,
division and/ or distribution of bulk goods through the use of Truck
Tractor/Trailer Combinations.
(f)
The intermodal system of transport whereby two or more modes of transport
are used to transport the same loading unit or truck in an integrated manner,
without loading or unloading, in a transport chain.
(g)
Establishments where part or all of the processes and functions associated
with the use are located outside of a building, including the function of
routinely using Truck Tractor/Trailer Combinations with 4 or more axles, or
railway cars.
(h)
A railyard where an area of land, a portion of which is covered by a system of
tracks, that provides for the making up of trains by one or more railroads or
private industry concerns. Necessary functions of a railyard include but are not
limited to the classifying, switching, storing, assembling, distributing,
consolidating, moving, repairing, weighing, or transferring of cars, trains,
engines, locomotives, and rolling stock.
(i)
The occupancy contains sufficient quantities of highly combustible and
flammable or explosive materials to constitute a special fire hazard because of
their inherent characteristics. Habitable spaces are allowed in limited forms to
only accommodate on-site workers, the business owner, caretaker, security
guard or similar employee.
6.0 Zoning Districts
Tri-Roads Planning District Zoning By-law 18/02/2018
143
6.21.2 Table 27: EH Land Use
EH Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side
Yard ft
Rear
Yard
(min) ft
Aggregate Quarry
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Auction House
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Auction Yard
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Automotive Repair and
Maintenance
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Child Day-Care
Services
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Contractor Service
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Crematorium
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Funeral Homes
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Gasoline Stations
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Heavy Equipment
Sales, Rental and
Servicing
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Light Equipment Sales,
Rental and Servicing
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Manufacturing
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Micro-Brewery /
Distillery / Winery
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
6.0 Zoning Districts
144
Tri-Roads Planning District Zoning By-law 18/02/2018
EH Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side
Yard ft
Rear
Yard
(min) ft
Motorcycle, Boat and
Other Motor Vehicle
Dealers
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Motor Vehicle Towing
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Municipal Fire-Fighting
Services
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Outside Storage
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Parking Lot
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Postal Service
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Public Works Yard
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Restaurants
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Scientific Research and
Development Services
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Self-Storage
Mini-Warehouses
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Testing Laboratories
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Truck Transportation
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Utilities
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
6.0 Zoning Districts
Tri-Roads Planning District Zoning By-law 18/02/2018
145
EH Bulk Standards
Principle Uses
Permitted
Lot Dimensions
Required Yards
Building
Height
(max) ft
Lot Area
(min) ac
Lot
Frontage
(min) ft
Front
Yard
(min) ft
Interior
Side
Yard ft
Exterior
Side
Yard ft
Rear
Yard
(min) ft
Warehousing and
Storage
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Wholesale Trade
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Accessory Uses Permitted
Dwelling Unit,
Detached
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Dwelling Unit,
Attached
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Mobile Food Services
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Retail Trade
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Rooming and Boarding
Houses
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Outside Storage
1.0
75
50
10
25
20
60
2.0
200
50
25
25
0
40
Municipal Piped
Water and Sewer
Municipal Water Only OR No
Piped Municipal Services
Schedule B:
Tri-Roads Planning District Zoning By-law
No. 18/02/2018 Zoning Maps