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Third Reading Version
RURAL MUNICIPALITY OF
VICTORIA BEACH
ZONING BY-LAW
By-law No.1651
Third Reading Version
HOW TO USE THIS ZONING BY-LAW
This zoning by-law regulates the use, size, height and location of buildings on properties
within the Rural Municipality of Victoria Beach. There is a simple four- step process to
determine the uses and structures that are permitted on a specific piece of property.
Step One: What zone is your property located in?
- Use the Zoning Map in Schedule A to determine the zoning for your property.
- Reference Part 3 Zones for a description of the intent of that particular zone.
- Look in the development plan section that applies to your property to confirm your
proposal fits with the applicable policies in this document.
Step Two: What uses are permitted in your zone?
- Find the zone of your property in Part 3 Zones, Table 3.1.
- Uses identified as permitted uses and may be developed once you have received a
development permit.
- Uses identified as conditional uses may or may not be acceptable in a zone depending
on the particular circumstances of a proposed development. Conditional uses require
a public hearing process and may have extra conditions imposed on the use to make
it acceptable for the location.
- Uses marked with an asterisk (*) have use-specific requirements that are provided in
Part 4 Use-Specific Standards.
Step Three: How and where can you develop properties in your zone?
- Find the zone of your property in the bulk regulation tables (Part 3 Zones, Table 3.2).
- The bulk tables provide information on allowable height of buildings and
structures, required yards, and other spatial requirements for a property.
- To understand the specific details of these requirements, you may need to reference
the Part 2 General Regulations and Part 6 Definitions.
Step Four: What permits do you need?
- In most cases, you will need a development permit before you start any change in land
use or any development (including construction of a building) on a property.
Third Reading Version
- Check Part 5 Administration to see if your planned development is exempt from
needing a development permit. If so, you may proceed with development, as long as
it meets the other requirements in this zoning by-law and other applicable by-laws.
- If you need a development permit, fill out a development permit application.
- You are responsible for finding out if any other provincial or federal regulation apply to
your development, as well as any other required local permits, including building
permits, plumbing permits, electrical permits, demolition permits, etc.
Third Reading Version
THE RURAL MUNICIPALITY OF VICTORIA BEACH BY-LAW NO. 1651
A by-law of the Rural Municipality of Victoria Beach to regulate the use and
development of land.
WHEREAS, Section 68 of The Planning Act requires a municipality to adopt a
zoning by-law that is generally consistent with the development plan by-law in
effect in the municipality;
AND WHEREAS, under Part 4 Division 1 of The Planning Act, the Rural Municipality
of Victoria Beach has, by by-law, adopted the Victoria Beach Development Plan No.
1553;
NOW THEREFORE, the Council of the Rural Municipality of Victoria Beach in
meeting duly assembled, enacts as follows:
1. The Zoning By-law No. 1651 attached is hereby adopted
2. The by-law shall be known as the Rural Municipality of Victoria Beach
Zoning By-law
3. The Rural Municipality of Victoria Beach Planning Scheme 1969, as
amended, is repealed
4. This by-law shall come into force on from and after the date on which it
received third reading by the Council.
DONE AND PASSED in Council duly assembled at the Rural Municipality of Victoria
Beach, Manitoba, this 8th day of July 2025.
Mayor
Chief Administrative Officer
READ A FIRST TIME this 20th day of August 2024.
READ A SECOND TIME this 3rd day of June 2025.
READ A THIRD TIME this 8th day of July 2025.
Third Reading Version
Table of Contents
PART 1: Applicability and Scope ............................................................. 1
1.1
Title ......................................................................................................................................... 1
1.2
Scope ....................................................................................................................................... 1
1.3
Application ............................................................................................................................... 1
1.4
Use and Development of Land and Buildings Must Comply ...................................................... 1
1.5
Restrictions in Other By-laws or Federal and Provincial Laws .................................................. 1
1.6
Does Not Promote Nuisance .................................................................................................... 1
PART 2: General Regulations .................................................................. 2
2.1
Regulation of Uses ................................................................................................................... 2
2.2
Multiple Uses or Provisions ...................................................................................................... 2
2.3
Accessory Uses ......................................................................................................................... 2
2.4
Required Yard .......................................................................................................................... 3
2.5
Air Conditioning Units, Pool Equipment and Compressors ....................................................... 4
2.6
Height Exceptions .................................................................................................................... 4
2.7
Temporary Buildings, Structures, or Uses ................................................................................ 4
2.8
Demolition and Removal of Buildings or Structures.................................................................. 4
2.9
Road Access ............................................................................................................................. 4
2.10
Public Utility ............................................................................................................................ 5
2.11
Outdoor Lighting ..................................................................................................................... 5
2.12
Fences ..................................................................................................................................... 5
2.13
Hazard Lands, Flood Risk Areas, and Erosion or Slope Instability Areas ..................................... 6
2.14 Riparian Areas .......................................................................................................................... 6
2.14
No Alteration of Wetlands........................................................................................................ 7
2.15
Vehicle Restricted Area ............................................................................................................ 8
2.16
Parking .................................................................................................................................... 8
2.17
Accessible Parking Spaces ........................................................................................................ 9
PART 3: Zones ..................................................................................... 12
3.1
Establishing Zones ................................................................................................................. 12
3.2
Zoning Boundaries ................................................................................................................. 13
3.3
Permitted and Conditional Uses ............................................................................................. 13
3.4
Bulk Regulations .................................................................................................................... 13
PART 4: Use-Specific Standards ........................................................... 22
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4.1
Bed and Breakfast ................................................................................................................. 22
4.2
Carriage Suite or Coach Suite ................................................................................................ 23
4.3
Detached Sleeping Quarters .................................................................................................. 23
4.4
Dwelling, Two-Unit ................................................................................................................ 24
4.5
Dwelling, Multi-Unit .............................................................................................................. 24
4.6
Garage ................................................................................................................................... 25
4.7
Garage (Portable) .................................................................................................................. 25
4.8
Home-Based Business ........................................................................................................... 26
4.9
Hot Tubs ................................................................................................................................ 27
4.10
Identification Signs ................................................................................................................ 27
4.11
Metal Shipping Container ...................................................................................................... 32
4.12
Planned Unit Developments .................................................................................................. 34
4.13
Private Camp ......................................................................................................................... 35
4.14 Swimming Pool ........................................................................................................................ 35
PART 5: Administration ........................................................................ 36
5.1
Administration and Enforcement ........................................................................................... 36
5.2
When Development Permits Are Required ............................................................................. 36
5.3
Development Permits and Other Permits .............................................................................. 36
5.4
When Development Permits Are Not Required ...................................................................... 36
5.5
Applications for Development Permits ................................................................................... 37
5.6
Approval of Development Permits ......................................................................................... 37
5.7
Building to be Moved ............................................................................................................. 38
5.8
The Development Officer ....................................................................................................... 39
5.9
Application for Amendments, Variances and Conditional Uses .............................................. 39
5.10
Conditional Uses .................................................................................................................... 40
5.11
Variance Orders ..................................................................................................................... 40
5.12
Zoning Memoranda ............................................................................................................... 41
5.13
Development Agreements .................................................................................................... 41
5.14
Non-Conformities .................................................................................................................. 41
PART 6: Definitions ............................................................................. 44
6.1
Definitions in this By-law ........................................................................................................ 44
Zoning Map ........................................................................................ 57
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PART 1: Applicability and Scope
1.1
Title
This by-law shall be known as the Rural Municipality of Victoria Beach Zoning By-law.
1.2
Scope
This by-law applies to all lands in the Rural Municipality of Victoria Beach as indicated
on Map 1 of Schedule A of this by-law.
1.3
Application
This by-law regulates:
a) The construction, erection, alteration, enlargement or placing of buildings and
structures;
b) The establishment, alteration, or enlargement of uses of land, buildings and
structures; and
c) All forms of development, including the removal of existing trees, and other
development not included above.
1.4
Use and Development of Land and Buildings Must Comply
Within the Rural Municipality of Victoria Beach, no land, building or structure shall be
used or occupied, and no building or structure shall be constructed, erected, altered,
enlarged or placed, except in accordance with this by-law.
1.5
Restrictions in Other By-laws or Federal and Provincial Laws
Whenever a provision of another by-law or a law or regulation of the provincial or
federal government contains a restriction governing the same subject matter
contained in this by-law, or imposes inconsistent regulations with respect to uses,
buildings, or structures, the most restrictive or highest standard shall prevail.
The Rural Municipality of Victoria Beach may require proof of compliance with
federal or provincial regulations prior to issuance of the applicable permit or
certificate.
1.6
Does Not Promote Nuisance
Nothing in this by-law or in a development permit, approval of a conditional use,
variance order or other approval issued under this by-law shall be construed as
authorization for the carrying out of any activity which is a nuisance due to noise,
odour, emission, vibration or other cause.
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PART 2: General Regulations
The following regulations shall apply to all use and development of land and buildings
in the Rural Municipality of Victoria Beach, except where otherwise noted in this by-
law.
2.1
Regulation of Uses
No land, building or structure shall be used or occupied except for a use which:
a) Is listed in the Table 3.1 as:
i) A permitted principal use;
ii) A permitted accessory use;
iii) A conditional use, subject to approval as such;
iv) A conditional accessory use, subject to approval as such.
b) Is an accessory building or structure; or
c) Is a temporary, building, structure or use.
2.2
Multiple Uses or Provisions
Where land, a building or a structure is used for more than one purpose, all provisions
of this by-law relating to each use must be satisfied. Where more than one provision in
this by-law is applicable, the higher or more stringent requirement shall apply unless
specified otherwise.
2.3
Accessory Uses
No accessory use, building, or structure shall be constructed or erected, except those in
compliance with the following regulations:
a) Where the accessory building or structure is attached to a principal building or
structure, it shall be subject to, and shall conform to, all regulations of this by-
law applicable to the principal building or structure;
b) Where the accessory building or structure is detached from the
principal building or structure, it shall be subject to, and shall conform to, all
regulations of this by-law applicable to accessory buildings or structures;
c) No accessory building or structure shall be constructed on any zoning site prior
to the time of construction of the principal building to which it is accessory
except where it is allowed by written agreement from the Rural Municipality of
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Victoria Beach;
d) No detached accessory building shall be located closer than 10 feet (3.05 m) to
any principal building;
e) Accessory buildings are permitted when accessory to a permitted use and
conditional when accessory to a conditional use; and
f)
An accessory building or structure shall not be used as a dwelling, except where
otherwise permitted in this by-law.
g) No land, building, or structure shall be used or occupied for any accessory use
after the use or uses to which it is accessory have been discontinued.
h) Detached accessory buildings or structures shall not be located within a required
yard, except a required rear yard or as provided for elsewhere herein.
2.4
Required Yard
a) Required yards shall be free of buildings, except accessory buildings or
structures, which must conform to the other requirements of this by-law.
b) Open, unenclosed projections, whether vertical or horizontal, such as stairs,
landings, porches, and unenclosed balconies, may extend into the required
yards for not more than 50 per cent of the required yard depth, up to a maximum
of ten feet (3.05 m), except for wheelchair ramps (or similar accessibility
structures), which are not subject to the restrictions for required yards.
c) No yard setback is required for stairs and/or landings providing access to the
beach or shoreline. All applicable requirements for development within the
riparian area still apply as per the Development Plan.
d) Where a use is established on a site and a required yard is reduced below the
minimum requirements of this by-law by virtue of the development of a public
work, street or public utility, the affected required yard shall be deemed to
conform to the requirements of this by-law.
e) A through site may be required to meet the front yard setback of the zone in
which it is located on both property lines fronting onto a street or waterbody at
the discretion of the Development Officer.
f)
For purposes of interpreting the yard requirements contained within this Zoning
By-law, the Lake Winnipeg side of the lot shall be deemed to be the front site
line for all lots which front onto and are contiguous to Lake Winnipeg or which
front onto and are contiguous to public reserve, right-of-way, or Crown land
which fronts onto Lake Winnipeg.
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2.5 Air Conditioning Units, Pool Equipment and Compressors
Air conditioning units, pool equipment and/or compressors shall be accessory
structures in all zones and shall be subject to the following regulations:
a) Shall be a minimum distance of 15.0 feet (4.57m) to an openable window of a
habitable room on an adjoining lot.
b) If located in a front yard, it must be screened with compact hedges or shrubs or
other landscaping.
c) Should be no closer than 5.0 feet (1.52m) to a side site line in all residential zones.
In all other zones, it should be no closer than
10.0 feet (3.05m) to a side site line.
2.6 Height Exceptions
The provisions of this by-law shall not apply to limit the height of any ornamental dome,
chimney, public utility, steeple, electrical apparatus or the mechanical operations of the
building provided that no roof structure or any space above the height limit shall be
permitted for the purpose of providing usable floor space.
2.7 Temporary Buildings, Structures, or Uses
Temporary buildings, structures or uses may be allowed on a non-permanent basis
subject to the issuance of a development permit under the following conditions:
a) A development permit for a temporary building, structure or use shall be subject
to such terms and conditions as required by council; and
b) Each development permit issued for a temporary building, structure or use shall
be valid for a period of not more than 12 months and may not be renewed for
more than two successive periods at the same location.
2.8 Demolition and Removal of Buildings or Structures
Where a development permit has been obtained for the demolition or removal of a
building or structure, all demolition, removal of debris, filling of excavations or
basements and re-grading of the site shall be undertaken within 90 days from the date
of issuance of said permit.
This period may be extended at the discretion of the development officer, due to
unusual circumstances such as weather conditions and road restrictions.
2.9 Road Access
No permanent building may be constructed or placed on a parcel which does not have
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legal access to an existing public road.
2.10 Public Utility
This by-law shall be interpreted so as not to interfere with the construction, erection
and location of a public utility's works, plant, pipes, cables, or equipment.
2.11 Outdoor Lighting
Outdoor lighting is only allowed if the following standards are met:
a) Any outdoor lighting (other than those exempted in provision (c) below) must be
located, arranged, or shielded so that no light is directed at any adjoining
properties or interferes with the effectiveness of any traffic control device.
b) The maximum permitted height of a light fixture is 30 feet (9.14 m).
c) These standards do not apply to:
i. Federally and provincially-regulated buildings and structures (including
the lighting required for airports and towers);
ii. The temporary use of lighting (for seasonal decorations for example).
2.12 Fences
Fences are permitted in all zones subject to the issuance of a development permit under
the following conditions:
a)
Shall not include:
i. electric fences
ii. barbed wire fences
iii. scrap metal or industrial waste material.
b) Shall not be higher than:
i. 3.5 feet (1.07 m) in a required front yard, and
ii. 6.o feet (1.83 m) in a required side or rear yard
Measured from the highest part of the fence to the point where the
fence post enters grade; and
c) Are permitted in all required yards and can be placed up to the property line,
except when located on the street side of a corner or reversed corner lot where
the fence shall not exceed a height of 3.5 feet (1.07 m), unless set back a distance
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of fifteen (15) feet (4.57 m).
2.13 Hazard Lands, Flood Risk Areas, and Erosion or Slope Instability Areas
Development on land in the vicinity of Lake Winnipeg shall comply with the Flooding,
Erosion & Slope Stability and the Water & Shoreline policies set out in the Development
Plan.
2.14 Riparian Areas
In the RM of Victoria Beach, riparian areas are generally comprised of public land on the
banks of Lake Winnipeg that separate private lands from the lake and beach areas.
Generally, in older subdivisions with the Municipality including existing lots within the
VRR3 or RR3 Zones, these lands are often held as public reserves, a right-of-way or
crown reserves depending on their specific location. These lands are zoned as "OS"
Parks and Open Space. In areas where there isn't public land that separates private land
from the lake and beach areas such as existing lots in the LR Zone, a riparian area may
or may not exist based on how the land was originally granted. It is important for
individual property owners to confirm how their property boundaries are defined
per the land description on their title.
When new subdivisions are proposed on lands located adjacent to the Lake Winnipeg,
riparian areas can be established when a Public Reserve is taken by the Municipality as
part of a subdivision application as can be required by The Planning Act. When Public
Reserves are established through the previously mentioned process, they should
generally be configured to define a 100 ft (30m) Riparian Area measured from the
ordinary high-water mark.
Development shall be permitted in riparian areas in accordance with the zone in which
it is located provided it complies with the following conditions:
a) Native vegetation shall generally be retained within all riparian areas.
Developments that create minor disturbances to the native vegetative cover,
such as buildings, stairs, decks, patios and pathways, may be permitted,
provided that not more than 25% of the riparian area is affected.
b) Without exception, a development permit shall be required for the erection,
construction, enlargement and structural alteration, or placing of an accessory
building or structure within a riparian area.
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c) A development permit shall also be required for the removal of native
vegetation within the riparian area.
d) Minimum side yards shall be maintained. In the instance where development
extends onto Crown Land, a Public Reserve or waterbody, the side yard shall be
measured from a projection of the lot lines for the property which the use is
accessory to.
e) Proposed development must not impose undue risk to people, property, or
water quality, nor interfere with or unduly compromise the character,
enjoyment, or sustainability of private or public property, and existing
recreational uses and areas should be protected from potentially incompatible
land uses that may threaten the ongoing viability of those areas, in accordance
with the Development Plan. Geo-technical and/or environmental assessments,
prepared at the developer's expense, may be required for any proposed
development including but not limited to plans for erosion protection measures
as per recommendation to Council from the Shoreline & Beach Management
Advisory Committee.
f) Private boathouses and/or boat launches shall not be permitted unless provided
for herein.
g) Except on lands zoned as "OS" Parks and Open Space, erosion protection
measures in compliance with this section are permitted accessory uses.
h) The bulk requirements of Table 3.2 do not apply to erosion protection
measures.
For development permit applications within the riparian area, in addition to the
application requirements set out in Sections 5.5 and 5.9, the Rural Municipality of
Victoria Beach may require proof of issuance for permits required by provincial and
federal authorities and a tree survey (prepared at the developer's expense) showing
existing vegetation.
2.14 No Alteration of Wetlands
Development shall not result in alteration to permanent, semi- permanent provincially
designated or coastal wetlands by the consolidation of wetlands or by ditching, filling,
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pumping, subsurface drainage or other works or means, unless it is for the purpose of
flood mitigation. Flood mitigation must maintain the natural boundaries of permanent,
semi-permanent or coastal wetlands.
2.15 Vehicle Restricted Area
Boundaries and regulations pertaining to the Vehicle Restricted Area (VRA) are
identified in By-law 1588 as amended and for the purposes of this by-law as shown in
Figure 1.
Figure 1: Vehicle Restricted Area (VRA)
2.16 Parking
When new development is proposed, including a change of use of an existing
development, or when any existing development is, in the opinion of the development
officer, substantially enlarged or increased in capacity, then provision shall be made for
off-street vehicular parking or garage spaces on private property in accordance with the
regulations and standards contained in this section as follows:
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Table 2-1 Minimum Parking Space Requirements
Use Class*
Number of Parking Spaces Required
Dwelling, Single-Unit, Two-Unit
Dwelling, Multi-Unit
Bed and Breakfast
1.0 / Dwelling Unit
1.2 / Dwelling Unit
1.0 / Sleeping Accommodation
Hotel and Motel
Eating and Drinking
Establishment
Convenience and Retail Sales
Stores All other Commercial
Establishments
1.0 / Guest Room or Sleeping Unit
1.0 / 4 seats or 1.0 per 100 sq. ft. of
floor area, whichever is greater
1.0 / 200 sq. ft. of floor area
1.0 / 250 sq. ft. of floor area
Indoor Participant Recreation
Service, Place of Worship or
Assembly
Outdoor Participant
Recreation Service, Community
Centre
Education Service
Government Service Child Care
Service
Funeral Service
1.0 / 5 seating spaces or 10 ft. of bench
space. Where there are no fixed
seats,
1.0 for each 100 sq. ft. of floor area
devoted to the assembly room
floor area
1.5 / classroom, plus 1 for each 100 sq.
ft. of floor area devoted to public
use
1.0 / 550 sq. ft. of floor area
1.0 for every 2 employees
1.0 for every 5 seating places
*Where a proposed use is not listed above, the parking requirement
shall be determined by the Development Officer.
2.17 Accessible Parking Spaces
Out of the total number of required off-street parking spaces (not including Dwelling
single-unit), the owner must provide a portion of those spaces so as to be accessible to
persons with disabilities, in accordance with the following requirements:
Each accessible parking space:
a) Must be at least 11.5 ft. (3.5 m) wide;
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b) Must be located within 200.0 ft. (60.96 m) of major building entrances used
by residents, employees, or the public; and
c)
Must include signage reserving the space for use by persons with
disabilities.
At least one curb ramp must be located within 100.0 ft. (30.48 m) of the auto parking
space closest to each entrance to a principal or accessory building that is not a service
entrance.
The accessible parking space requirements are as follows:
Table 2-2
Accessible Parking Space Requirements
Total Number of
Parking
Spaces Required
Minimum Number of Accessible
Parking Spaces Required
1-25
1
26-50
2
51-75
3
76-100
4
101+
4 plus 1 for every 50 additional
spaces, to a maximum of 10
spaces
2.18 Protection and Retention of Tree
a) A permit from the Municipality shall be required for the removal of trees or
shrubs in all zones, except in the following instances:
i. Seasonal or routine pruning and maintenance of trees;
ii. The removal of hazardous or dead trees ; and
iii. The removal of trees in whole or in part where a development permit
has been issued for a new development on the same site and the
removal of trees is implicit or explicit in that permit.
b) Clear cutting of trees only for the purpose of tree removal shall not be
permitted in all zones.
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c) Cutting of live trees within the "OS" Zone or within Municipal right-of-ways
shall be prohibited, except by the Municipality.
d) Tree conservation and replacement shall be considered in the review of
development applications to minimize the impact the proposed development
may have on the character and enjoyment of the general area. Proponents
may be required to submit tree surveys, prepared at the expense of the
developer, in support of the development review process as per the RM of
Victoria Beach Development Plan.
2.19 Properties Must be Kept Free of Waste
Waste must not be allowed to accumulate upon a property. Without limiting the
generality of the foregoing, the following items of waste must not be allowed to
accumulate outdoors, or be deposited or stored, on private property:
a) One or more large items of refuse, including appliances, indoor furniture,
dilapidated outdoor furniture, mattresses, large auto parts and crates;
b) Hazardous waste;
c) Construction or demolition waste, including concrete, unwanted industrial,
commercial or personal products, or any other waste materials; or
d) Wrecked, dismantled, partially dismantled, inoperative, discarded, or
abandoned trailers, machinery or vehicles or parts thereof.
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PART 3: Zones
3.1
Establishing Zones
Uses of land in the municipality are regulated in accordance with the following zones:
Zones
Abbreviation
Community Area
CA
Parks and Open Space
OS
Vehicle Restricted Residential 1
VRR1
Vehicle Restricted Residential 2
VRR2
Vehicle Restricted Residential 3
VRR3
Lakefront Residential
LR
Resort Residential 1
RR1
Resort Residential 2
RR2
Resort Residential 3
RR3
3.1.1.
The CA - Community Area Zone is intended to provide regulation for a centralized
mix of civic, residential, commercial, institutional, and recreational uses within the
Municipality.
3.1.2.
The OS - Parks and Open Space Zone is intended to provide regulation for public
reserve and amenity/institutional areas, either in a natural state, or as developed
park areas, trails, and are generally under public ownership.
3.1.3. The VRR1 - Vehicle Restricted Residential 1 Zone is intended to provide regulation
to preserve the historical character of residential uses located within the VRA as
identified in Figure 1.
3.1.4. The VRR2 - Vehicle Restricted Residential 2 Zone is intended to provide regulation
to preserve the historical character of residential uses located within the VRA as
identified in Figure 1.
3.1.5. The VRR3 - Vehicle Restricted Residential 3 Zone is intended to provide regulation
to preserve the historical character of residential uses on properties located adjacent
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or in close proximity to Lake Winnipeg and generally separated from the water by
public lands within the VRA as identified in Figure 1.
3.1.6. The LR - Lakefront Residential Zone is intended to provide regulation for residential
uses on properties that generally have ownership of the property up to the water's
edge of Lake Winnipeg.
3.1.7. The RR1 - Resort Residential 1 Zone is intended to provide regulation for residential
uses on properties held as larger parcels within the Municipality.
3.1.8. The RR2 - Resort Residential 2 Zone is intended to provide regulation for residential
uses within the Municipality.
3.1.9. The RR3 - Resort Residential 3 Zone is intended to provide regulation for residential
uses on properties located adjacent to Lake Winnipeg within the Municipality.
3.2
Zoning Boundaries
The zones established above in Section 3.1 shall apply within the boundaries of the
zones shown on the map in Schedule A following these rules of interpretation:
a) Boundaries indicated as approximately following the centre- lines of streets,
lanes, highways, rivers, or railway or public utility lines or rights-of-way shall
follow such lines; and
b) Boundaries indicated as approximately following parcel limits as shown on a
registered plan or by reference to the Dominion Government Survey shall
follow such limits.
3.3
Permitted and Conditional Uses
The permitted and conditional uses prescribed for parcels within each zone are those
set out in the Table 3.1. 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 accessory use,
the use is not allowed in the zone. Permitted and Conditional Uses are described in
the "How To Use This Zoning By-law" section at the beginning of this document.
3.4
Bulk Regulations
No land, building or structure shall be used or occupied, and no building or structure
shall be constructed, erected, altered, enlarged, or placed, except in accordance with
the bulk requirements described in the bulk regulation tables (Table 3.2) or elsewhere
in this by-law.
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Table 3.1 Use Table
P = Permitted | C = Conditional | * = Use Specific Standards Applies
Uses
Zones
Commercial
and Industrial
Use Classes
(Principal Uses)
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
Use
Specific
Standards
Animal Shelter
and Veterinary
Service
C
Automobile
Service Station
C
Business Support
Service
P
Contractor's Yard
C1
Custom
Manufacturing
Establishments
C1
Drive-Through
Facility
C1
Eating and
Drinking
Establishment
C
Fishing Operation
C
Garden Centre,
Farmer's Market
and Produce
Stand
P
1 - Outside of VRA
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Table 3.1 Use Table
P = Permitted | C = Conditional | * = Use Specific Standards Applies
Uses
Zones
Commercial
and Industrial
Use Classes
(Principal Uses)
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
Use
Specific
Standards
General
Contractor
Service
C1
Hotel/Motel
C1
Non-Accessory
Parking
C
C
Office
P
Retail Sales and
Service (General)
C
Retail Sales and
Service
(Neighbourhood)
P
C
C
C
C
Storage (general
or self-service)
C
Trucking
Operation
C
1 - Outside of VRA
Third Reading Version
16
Table 3.1 Use Table
P = Permitted | C = Conditional | * = Use Specific Standards Applies
Uses
Zones
Natural
Resource Use
Classes
(Principal Uses)
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
Use
Specific
Standards
Natural Area or
Wildlife Habitat
P
Natural Resource
Development
C
Recreation and
Assembly Use
Classes
(Principal Uses)
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
Use
Specific
Standards
Community
Centre
P
C
C
C
C
C
C
C
C
Funeral Service
C
Indoor
Participant
Recreation
Service
C
Outdoor
Amusement
Establishment
C
Third Reading Version
17
Table 3.1 Use Table
P = Permitted | C = Conditional | * = Use Specific Standards Applies
Uses
Zones
Recreation and
Assembly Use
Classes
(Principal Uses)
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
Use
Specific
Standards
Outdoor
Participant
Recreation
Service
C
Place of
Assembly
C
Place of Worship
P
C
Private Camp
P*
4.12
Residential
Uses Classes
(Principal Uses)
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
Use
Specific
Standards
Dwelling, Single-
unit
P
P
P
P
P
P
P
P
Dwelling, Two-
unit
P*1
4.4
Dwelling, Multi-
unit
C*1
4.5
Planned Unit
Development
C*
C*
C*
C*
4.12
1 - Outside of VRA
Third Reading Version
18
Table 3.1 Use Table
P = Permitted | C = Conditional | * = Use Specific Standards Applies
Uses
Zones
Service and
Institutional
Use Classes
(Principal Uses)
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
Use
Specific
Standards
Cemetery
C
C
C
Child Care
Service (group)
P
Education
Service
P
Emergency
Services
P
P
P
P
P
P
P
P
P
Government
Service
P
Health Service
P
Public Park
P
P
P
P
P
P
P
P
P
Public Trail
P
P
P
P
P
P
P
P
P
Public Utility
P
P
P
P
P
P
P
P
P
Solid Waste and
Recycling Depot
C
Third Reading Version
19
Table 3.1 Use Table
P = Permitted | C = Conditional | * = Use Specific Standards Applies
Uses
Zones
Accessory
Uses
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
Use
Specific
Standards
Accessory
Building or
Structure
P
C
P
P
P
P
P
P
P
Bed and
Breakfast
P
C*
C*
C*
C*
C*
C*
C*
4.1
Boat Launch
C
CHILD CARE
SERVICE (Home
Day Care)
P
C
C
C
C
C
C
C
Carriage Suite or
Coach Suite
P
P*
C*
C*
C*
4.2
Detached
Sleeping
Quarters
P*
P*
P*
P*
P*
P*
P*
P*
4.3
Erosion
Protection
Measures (Public
Property)
C*
C*
C*
See 2.14
Erosion
Protection
Measures (Private
Property)
P*
P*
P*
See 2.14
Third Reading Version
20
Table 3.1 Use Table
P = Permitted | C = Conditional | * = Use Specific Standards Applies
Uses
Zones
Accessory
Uses
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
Use
Specific
Standards
Garage
P*
P*
P*
P*
P*
P*
P*
4.6
Garage
(Portable)
P*
P*
P*
P*
P*
P*
P*
P*
4.7
Home Based
Business
P*
C*
C*
C*
C*
C*
C*
C*
4.8
Hot Tub
P*
P*
P*
P*
P*
P*
P*
P*
4.9
Identification
Sign
P*
P*
P*
P*
P*
P*
P*
P*
4.10
Metal Shipping
Container
C*
C*
C*
C*
C*
C*
C*
C*
C*
4.11
Mobile Home
Plant or Tree
Nursery
P
C
C
C
C
C
Swimming Pool
C*
C*
C*
C*
C*
4.14
Third Reading Version
21
Table 3.2 Bulk Standards Table
ZONE
USE TYPE
MINIMUM STANDARD
MAXIMUM STANDARD
SITE
AREA
SITE
WIDTH
FRONT
YARD
SETBACK
SIDE YARD
REAR
YARD
DWELLING
AREA
BUILDING
SEPARATION
HEIGHT
SITE COVERAGE
(sq. ft)
(ft)
(ft)
(ft)
(ft)
(sq. ft)
(ft)
(ft)
(%/sq. ft)
INTERIOR
CORNER
CA
PRINCIPAL
15,000
150
30
15
20
25
500
-
28
40%
ACCESSORY
-
-
60
5
10
5
-
10
20
OS
PRINCIPAL
15,000
100
30
10
15
25
500
-
28
25%
ACCESSORY
-
-
60
5
10
5
-
10
16
VRR1
PRINCIPAL
9500
75
30
10
15
25
500
-
19
25%
ACCESSORY
-
-
60
5
10
5
-
10
16
VRR2
PRINCIPAL
9500
75
30
10
15
25
500
-
19
25%
ACCESSORY
-
-
60
5
10
5
-
10
16
VRR3
PRINCIPAL
9500
75
30
10
15
25
500
-
19
25%
ACCESSORY
-
-
60
5
10
5
-
10
16
LR
PRINCIPAL
15,000
100
30
10
20
25
500
-
28
25%
ACCESSORY
-
-
60
5
10
5
-
10
20
RR1
PRINCIPAL
15,000
100
30
10
20
25
500
-
28
25%
ACCESSORY
-
-
60
5
10
5
-
10
20
RR2
PRINCIPAL
10,000
75
30
10
15
25
500
-
28
25%
ACCESSORY
-
-
60
5
10
5
-
10
20
RR3
PRINCIPAL
10,000
75
30
10
15
25
500
-
28
25%
ACCESSORY
-
-
60
5
10
5
-
10
20
Third Reading Version
22
PART 4: Use-Specific Standards
Regardless of whether a use is allowed as a permitted or a conditional use, and
regardless of the zone in which the use is located, the following standards for specific
uses must be met, except as otherwise provided in this by-law or by a conditional use
or variance order:
4.1
Bed and Breakfast
Use
Zones
Bed and Breakfast
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
P*
C*
C*
C*
C*
C*
C*
C*
P = Permitted as an Accessory Use
C = Conditional as an Accessory Use
4.1.1 A bed and breakfast shall only be allowed on a site in a zone in which it is a permitted or
conditional accessory use if it meets all of the following regulations: A development
permit is issued under this by-law;
a) The bed and breakfast shall be operated by a live-in owner as a secondary use
only;
b) No more than three bedrooms shall be used for the bed and breakfast
operation;
c) Outside of the restricted vehicle area one additional on-site parking spot shall
be provided for each bedroom that is used for the bed and breakfast operation;
d) Signs shall follow the regulations for home-based businesses in the zone in
which the bed and breakfast is located;
e) No in-room cooking facilities or catering; and
f) The bed and breakfast operation shall not change the principal residential
character or external appearance of the dwelling.
Third Reading Version
23
4.2
Carriage Suite or Coach Suite
Use
Zones
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
Carriage Suite or
Coach Suite
P*
C*
C*
C*
P = Permitted as an Accessory Use
C = Conditional as an Accessory Use
4.2.1 A Carriage or Coach Suite shall also comply with the following regulation:
a) The area of the Carriage or Coach Suite shall be less than the principal dwelling and shall not
exceed 92.9 sq m (1,000 sq ft);
b) A detached garage with a Carriage or Coach Suite must adhere to all dimensional standards
that apply to the zone in which it is situated, with the exception of building height, which for
a Carriage or Coach Suite shall not exceed 28 ft. in height;
c) A detached garage containing a Carriage or Coach Suite shall be separated from the principal
dwelling a minimum of 3.05 m (10 ft) and a maximum of 15.24 m (50 ft);
d) The exterior of the structure shall incorporate building materials, textures, and colours that
are similar to those found on the principal dwelling; and
e) Carriage and Coach suites must have an entrance that is separate from the vehicle entrance.
4.3
Detached Sleeping Quarters
Use
Zones
Detached
Sleeping
Quarters
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
P*
P*
P*
P*
P*
P*
P*
P*
Use
Specific
Standard(s)
Floor Area
(ft.) (Max.)
240
240
240
240
360
360
360
360
Height (ft.)
(Max.)
16
16
16
16
20
20
20
20
P = Permitted as an Accessory Use
C = Conditional as an Accessory Use
Third Reading Version
24
4.3.1 One detached building which provides accommodation for family members and guests
shall be allowed as an accessory use to a cottage or dwelling provided it complies with
the following regulations:
a) As an accessory use, it is used as an extension of the principal use and is not
intended for exclusive occupancy by individuals living independent from the
occupants of the cottage or dwelling;
b) It can only contain limited cooking facilities such as a mini fridge and a microwave
and not more than one bathroom;
c) The combined site coverage for all living areas (Principal Use and Detached
Sleeping Quarters) as well as all Accessory Uses shall not exceed 25% site
coverage (see Table 3.2); and
d) Lofts may not exceed 50% of the floor area and shall not exceed 6 feet in height
in the VRA.
4.4
Dwelling, Two-Unit
Use
Zones
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
Dwelling, Two-
Unit
P*
P = Permitted Use
4.4.1 Two-unit dwellings shall have no required yard on a side that shares a party wall with a
building on an adjacent site.
4.5
Dwelling, Multi-Unit
Use
Zones
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
Dwelling, Multi-
Unit
C*
C = Conditional Use
4.5.1 Multi-unit dwellings shall have no required yard on a side that shares a party wall with a
Third Reading Version
25
building on an adjacent site. The minimum lot size for multi-unit dwellings shall
increase by 1,000 sq. ft. for each unit over and above 4 units.
4.6
Garage
Use
Zones
Garage
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
P*
P*
P*
P*
P*
P*
P*
Use Specific
Standard(s)
Floor Area
(ft.) (Max.)
1000
720
576
576
1000
1000
1000
1000
Height (ft.)
(Max.)
20
16
16
16
20
20
20
20
4.6.1 A Garage shall also be subject to the following regulations:
a) Detached and or attached garages or carports shall not be permitted in VRR1
Zone.
b) Detached and or attached garages or carports shall not be permitted in the VRR3
Zone for properties located on First Avenue ; and
c) A garage shall not be used as a living space.
4.7
Garage (Portable)
Use
Zones
Garage
(Portable)
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
P*
P*
P*
P*
P*
P*
P*
P*
P = Permitted as an Accessory Use
4.7.1 Portable garages shall also be subject to the following regulations:
a) They are permitted in the rear yard in the VRR1, VRR2, and VRR3 Zones.
P = Permitted as an Accessory Use
Third Reading Version
26
b) They are only permitted in the front yard in the VRR1, VRR2, and VRR3 Zones
between October 1st and May 31st of each year.
c) They shall be subject to:
i. A permit renewed annually (See Section 2.7);
ii. Yard setbacks as required for zone; and
iii. Being maintained in acceptable condition.
4.8
Home-Based Business
Use
Zones
Home-Based
Business
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
P*
C*
C*
C*
C*
C*
C*
C*
4.8.1
A Home-based business shall be allowed as an accessory use to a dwelling provided
it complies with the following regulations:
a) Be conducted by a person or persons residing in the dwelling;
b) Have a valid business license or permit, if required by the authority having
jurisdiction;
c) Not have processing or outside storage of goods;
d) Not have more than 30 per cent of the total floor area of buildings on the site
devoted to the business;
e) Have a maximum of one business sign in compliance with Sign Regulations
(Table 4.1); and
f) The home-based business shall not generate undue traffic or congestion,
adversely affect the amenity and convenience of the neighbourhood, or
create a nuisance, and if located in the vicinity of a provincial highway should
not impair the safe and efficient operation of the highway.
P = Permitted as an Accessory Use
Third Reading Version
27
4.9
Hot Tubs
Use
Zones
Hot Tubs
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
P*
P*
P*
P*
P*
P*
P*
P*
4.9.1
Hot Tubs and similar structures with a water depth of greater than two (2) feet, may
be allowed as an accessory use to a residential use, recreational, or commercial
development provided that:
a) They meet the site requirements for accessory structures in the zone which they
are located;
b) Are protected by a fence with lockable gates and a minimum height of 1.83
meters (six feet) to prevent unauthorized entry. The fence and gate must be
constructed so as to prevent a child from crawling underneath;
c) If the hot tub is not secured by a fence, as described above, it must be secured by
a lockable cover with sufficient strength to hold 200 pounds weight;
d) A development permit is issued under this by-law; and
e) Water must be obtained from an outside source and not unduly burden municipal
water source.
4.9.2
Nothing in this subsection shall relieve any such structure from complying with the
requirements under the RM of Victoria Beach Building By-law or applicable provincial
regulations including The Buildings and Mobile Homes Act and The Public Health Act.
4.10 Identification Signs
Use
Zones
Home-
Based
Business
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
P*
C*
C*
C*
C*
C*
C*
C*
P = Permitted as an Accessory Use
P = Permitted as an Accessory Use
C = Conditional as an Accessory Use
Third Reading Version
28
4.10.1
The following provisions shall apply to all signs erected or maintained within the
Rural Municipality of Victoria Beach except wherein otherwise stated:
a) Signs and sign structures may be allowed as accessory uses in accordance with
the Sign Regulations (Table 4.1), subject to the issuance of a development
permit, except as provided in Section 4.10.1 (b) of this zoning by-law;
b) The following signs shall not require a development permit. However, they must
still comply with any applicable standards in this by-law:
i. Civic Signs posted by duly constituted public authorities in the
performance of their public duties;
ii. Flags or Emblems of a political, civic, educational or religious
organization;
iii. Commemorative or Memorial Signs or tablets;
iv. Temporary Signs including real estate signs, construction signs,
election signs, garage sale signs and similar;
v. Sidewalk Sign not exceeding 0.5 m2 (5 ft2)) in surface area
(for a single sign face);
vi. Awning Sign with signage originally incorporated in the
design or awning material;
vii. Residential On-site;
viii. Identification Sign (including yard sign) or warning signs (such as
"private property" signs and similar) not exceeding six square feet each
in surface area; and
ix. Direction Signs required for direction and convenience of the public,
including signs identifying restrooms or parking entrances, not
exceeding 0.5 m2 (5 ft2)) in sign surface area.
c) Name plates and address signs shall be allowed in any required
front, side or rear yard provided they comply with the requirements and
regulations of this by-law;
d) 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
Third Reading Version
29
located may only be allowed in zones where advertising signs are a permitted or
conditional use. Such signs must also be constructed in accordance with the Sign
Regulations (Table 4.1), and subject to the issuance of a development permit;
e) No sign or sign structure shall be erected at any location where it may interfere
with or obstruct the view of any street or intersection, 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;
f) No sign may contain flashing lights or digital images unless located within the CA
Zone with an approved Development Permit;
g) No sign or sign structure shall be erected or maintained on, over or above any
land or right-of-way belonging to the Rural Municipality of Victoria Beach
without a development permit;
h) The placing of signs within the controlled area of a Provincial Road or Provincial
Trunk Highway shall require a permit from the applicable provincial authority;
and
i) All signs and sign structures shall be kept in good repair and in a proper state of
preservation. Signs which have become obsolete because of discontinuance of
the operation or activity or are not maintained in good condition or repair shall
be repaired, removed or relocated within 30 days following notice by the
Development Officer.
Table 4.1: Sign Regulations
Sign Type
Specifications
Allowed in
Zones
Permit
Required
Address Sign
Quantity ............. 1 per address
Area .................... max 3.0 sq. ft.
Width ................. n/a
Height ................ n/a
Depth ................. max 3.0 in.
Clearance............ min 4.5 ft.
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
No
Third Reading Version
30
Table 4.1: Sign Regulations
Sign Type
Specifications
Allowed in
Zones
Permit
Required
Awning
Sign
Quantity ............. 1 per window
Area .................... n/a
Width ................. max equal to facade
Depth ................. min 4.0 ft.
Clearance............ min 8.0 ft. Valance
Height ................ max 1.0 ft.
Dist. from Curb ... min 2.0 ft.
CA
OS
No
Fascia or Wall Sign
Quantity ............... 1 per business
Area .................... 1.5 sq. ft. per lin. ft. facade
Width .................. max 90% width of facade
Depth ................... max 7.0 in.
Clearance.............. min 7.0 in.
CA
OS
No
Freestanding or
Ground
Quantity ............. 1 per site
Area (Single occupancy) ... max 100 sq. ft.
Area (Multi. Occupancy) ... max 8.0 ft.
Height (ground) .. max 8.0 ft.
Height (Freestanding) ... max. 25.0 ft.
Depth ................. max 12.0 in.
Clearance (Ground) ....... n/a
Clearance (Freestanding) .. min 6.0 ft.
CA
OS
Yes
Alleys and Racquet
Clubs
Quantity ............. 1 per business
Area .................... n/a
Width ................. entrance plus 2 ft. per side
Depth ................. min 4.0 ft.; max 10 ft.
Clearance............ min 8.0 ft.
Dist. from Curb ... min 3.0 ft.
CA
Yes
Third Reading Version
31
Table 4.1: Sign Regulations
Sign Type
Specifications
Allowed in
Zones
Permit
Required
Outdoor Display
Case
Quantity ............. 1 per business
Area .................... max 6.0 sq. ft.
Width ................. max 3.5 ft.
Height ................ max 3.5 ft.
Depth ................. max 5.0 in.
Clearance............ min 4.0 ft.
CA
OS
No
Portable or Mobile
Sign
Quantity ............. 1 per site
Area .................... max 48.0 sq. ft.
Width ................. n/a
Height ................ max 10.0 ft.
Depth ................. n/a
Clearance............ n/a
CA
OS
Yes
Projecting Sign
Quantity ............. 1 per business
Area .................... max 4.0 ft.
Width ................. 4.0 ft.
Depth ................. max 4.0 ft.
Clearance............ min 8.0 ft.
CA
OS
Yes
Sidewalk Sign
Quantity ............. 1 per business
Area .................... max 5.0 sq. ft.
Width ................. 26.0 in.
Depth ................. n/a
Clearance............ n/a
CA
OS
No
Third Reading Version
32
Table 4.1: Sign Regulations
Sign Type
Specifications
Allowed in
Zones
Permit
Required
Window Sign
Quantity ............. 1 per window
Area .................... max 25% of glass
Width ................. n/a
Height ................ n/a
Depth ................. n/a
Clearance............ min. 3.0 ft.
CA
OS
No
Yard Sign
Quantity ............. 1 per site
Area .................... identification max 6.0 sq. ft.
Width ................. 3.0 ft.
Height ................ mx 2.0 ft. (not incl. post)
Depth ................. n/a
Apex ................... max. 6.0 ft. to top of post
CA
OS
VRR1
No
4.11
Metal Shipping Container
Use
Zones
Metal
Shipping
Container
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
C*
C*
C*
C*
C*
C*
C*
C*
C*
4.11.1
For the purposes of this By-law, the term metal shipping containers shall apply to
all large, portable storage enclosures including tractor-trailers and similar units.
4.11.2
Metal shipping containers shall not be stacked unless approved by the
Development Officer.
C = Conditional as an Accessory Use
Third Reading Version
33
4.11.3
If used for more than a total of 90 days per calendar year, a shipping container or
other portable storage unit shall be considered an accessory use under this By-law
and shall:
a) Meet the standards for accessory uses in this By-law;
b) Meet the dimensional requirements for accessory uses in the zone in which it is
located;
c) Be located to the rear of the principal building;
d) Must be painted the same colour as the principal dwelling;
e) Be placed on a secure and level foundation as determined by the Development
Officer;
f) For sites less than 1 ha (2.27 ac) there shall be no more than one (1) shipping
containers;
g) For sites between 1 ha (2.27 ac) and 2 ha (4.94 ac) there shall be no more than
two (2) shipping containers; and
h) For sites greater than 2 ha (4.94 ac) there shall be no more than three (3) shipping
containers.
4.11.4
If used for less than 90 days per calendar year, the shipping container shall be
considered a temporary use and shall:
a) Be located to the rear of the principal building wherever possible; and
b) Meet the requirements for temporary uses and structures as identified in this
By-law.
4.11.5
Metal shipping containers shall not remain on a site for more than 24 months.
4.11.6
A Development Permit is required.
Third Reading Version
34
4.12 Planned Unit Developments
Use
Zones
Planned Unit
Development
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
C*
C*
C*
C*
C*
4.12.1 A Planned Unit Development:
a) May only be established on a zoning site or proposed
development area larger than 4 acres in size;
b) The uses and standards of a planned unit development must be
c) generally consistent with the desired character for the area as set out in the
development plan or the uses and standards in the zones adjacent to the site.
d) An application for a planned unit development shall be considered
e) as a conditional use application subject to the conditional use provisions of this
by-law and the Act.
f) An application for a planned unit development must be accompanied by a
detailed site plan including:
i. Location of the site boundaries;
ii. Planned location of buildings and structures;
iii. Planned location of roads;
iv. Planned location of sidewalks and active transportation paths;
v. Planned location of vehicle parking;
vi. Planned location of systems supplying electrical power, water, and
sewage disposal; and
vii. A list of all instances on the site where the bulk standards of the
proposed buildings and structures do not comply with the requirements
of the zoning by-law.
C = Conditional Use
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4.13 Private Camp
Use
Zones
Private Camp
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
P*
P*
P = Permitted Use
4.13.1 A Private Camp shall be a permitted use on lands described as Lots 1/3 Plan 3920
and Lot 13 Plan 14268.
4.14 Swimming Pool
Use
Zones
Swimming
Pool
CA
OS
VRR1
VRR2
VRR3
LR
RR1
RR2
RR3
P*
P*
P*
C*
C*
4.13.1 Swimming Pools and similar structures with a water depth of greater than two (2)
feet, may be allowed as an accessory use to a residential use, recreational, or
commercial development provided that:
a) They meet the site requirements for accessory structures in the zone which
they are located;
b) A swimming pool area is protected by a fence with lockable gates and a
minimum height of 1.83 meters (six feet) to prevent unauthorized entry.
The fence and gate must be constructed so as to prevent a child from
crawling underneath;
c) A development permit is issued under this by-law; and
d) Water must be obtained from an outside source and not unduly burden
municipal water source.
Nothing in this Section shall relieve any such structure from complying with the requirements under
the RM of Victoria Beach Building By-law or applicable provincial regulations including The Buildings
and Mobile Homes Act and The Public Health Act.
P = Permitted as an Accessory Use
C = Conditional as an Accessory Use
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This by-law shall be administered in accordance with the provisions of
The Planning Act and this PART.
5.1
Administration and Enforcement
In the administration and enforcement of this by-law, the Rural Municipality of
Victoria Beach shall have all of the powers of inspection, remedy and enforcement
provided under Part 12 of The Planning Act including the ability to impose fines for
offences related to this by-law.
5.2
When Development Permits Are Required
A development permit is required for any of the following, except as otherwise
provided for in this by-law:
a) The erection, construction, enlargement, structural alteration or placing of a
building or structure, either permanent or temporary;
b) The establishment of a use of land or a building or structure;
c) The change of a use of land or a building or structure from the existing use to a
use which is not a permitted use;
d) The alteration or enlargement of an approved conditional use; and
e) Notwithstanding Section 5.4 (below), development permits shall be required
for the erection, construction, enlargement and structural alteration, or placing
of a building or structure, and/or the removal of natural vegetation within a
riparian area.
5.3
Development Permits and Other Permits
The issuance of a development permit in respect of building or structure does not
affect the obligation to obtain a building permit or other permit where required under
the building by-law, or another law, by-law or regulation, for such a building or
structure.
5.4
When Development Permits Are Not Required
A development permit is not required for the following:
a) Alterations, incidental.
b) The erection, construction, enlargement, structural alteration or placing of the
PART 5: Administration
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following as an accessory building or structure
i)
identification signs as listed in Section 4.5(b) Standards for
Identification Signs;
ii) outdoor lighting;
iii) flagpoles;
iv) private sewage disposal systems;
v) private communications facilities;
vi) unenclosed patios or decks less than 1 ft. above grade level.
Despite not requiring a development permit, all items in this provision shall be subject
to requirements of this by-law. Please note: As per policy 4.14 Riparian Area
Development, a development permit must be obtained for any buildings or structures
proposed within a riparian area.
5.5
Applications for Development Permits
An application for a development permit:
a) Shall be made by the owner or owners of the parcel in question, or by a person
authorized in writing by them.
b) Shall be accompanied by plans drawn to scale showing the following:
i)
The shape and dimensions of the parcel to be used or built on;
ii) The location and dimensions of existing buildings and structures;
iii) The location and dimensions of any proposed building, structure,
enlargement or alteration; and
iv) The use or uses of each existing and proposed building and structure,
or of the land, and the area to be occupied by each use.
c) Shall be accompanied by the fee prescribed by the Municipality.
5.6
Approval of Development Permits
A development Permit shall be approved as follows:
a) Within the 60-day period from the date of the application, the Development
Officer shall consider the application and may approve an application for a
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permit, if it is the opinion that the proposed building, structure or use of land
conforms to the provisions of The Planning Act, the RM of Victoria Beach
Development Plan, any applicable secondary plan, and this by-law.
b) Every owner shall:
i)
permit the Development Officer to enter any building or premises at
any reasonable time for the purpose of administering or enforcing this
by-law, and shall not molest, obstruct or interfere with the
Development Officer in the discharge of his or her duties under this
by-law;
ii) obtain written approval from the Development Officer prior to doing
any work at variance with that for which a development permit was
issued; and
iii) where applicable, be responsible for obtaining from the appropriate
authorities, any required permits or licenses relating to blasting,
electrical, grades, highways, occupancy, plumbing, private onsite
wastewater management systems, sewers or water supply systems,
signs, streets, water rights, wells, environmental approvals, and other
government department approvals.
5.7
Building to be Moved
New and used buildings to be moved into the RM of Victoria Beach shall comply with
the following:
a) No building or structure shall be moved in whole or in part to any other
location unless every portion of the building or structure is made to conform to
all the regulations of this by-law applying to the zone in which it is located.
b) Prior to transportation and placement on an engineer-approved foundation,
the used building or structure shall require inspection by a structural engineer.
A stamped confirmation confirming the building's structural integrity shall be
provided to the Development Officer as part of the Conditional Use
application.
c)
All used buildings being moved into the R.M. of Victoria Beach will require an
approved conditional use order, which may include conditions addressing
required interior/exterior renovation as deemed necessary by Council.
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5.8
The Development Officer
Council shall appoint a Development Officer, who on behalf of the Rural Municipality
of Victoria Beach may:
a) Issue development permits and exercise the powers of administration,
inspection, remedy and enforcement provided in Part 12 of The Planning Act.
b) Refuse to issue a development permit where:
i)
The development permit application, or any information
accompanying the development permit application, is incorrect or
incomplete; or
ii) The proposed building, structure or use does not, to the designated
officer's knowledge, comply with this zoning by- law, the building by-
law or with any other law.
c)
Revoke a development permit where the development permit was issued in
error.
d) Issue zoning memoranda, certificates of non-conformity, and other documents
as may be necessary for the administration and enforcement of this by-law.
e) Make a minor variance order, without the need for a public hearing, for any
proposed change that varies:
i)
Any height, distance, area, size or intensity of use requirement in the
zoning by-law by no more than 15%, and 10% within the VRA.
ii) The number of parking spaces required by the zoning by-law by no
more than 15%, and 10% within the VRA.
5.9
Application for Amendments, Variances and Conditional Uses
An application for a variance, or conditional use, or an amendment to this by-law must
be in the proper form and must be accompanied by the fee prescribed by Council. The
application must also be accompanied by:
a) Plans drawn to scale showing the shape and dimensions of the affected
property;
b) Plans drawn to scale showing the location and dimensions of existing buildings
and structures;
c) Plans drawn to scale showing the location and dimensions of the proposed
building, structure, enlargement or alteration;
d) A description of the use or uses of each existing and proposed building or
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structure, or of the land;
e) A description of the reason why the variance, conditional use, or amendment
to this by-law is being requested; and
Any other information required by the designated officer to determine
compliance with, and to provide for enforcement of, this by-law.
5.10 Conditional Uses
a) Approval of a conditional use shall expire or cease to have any
effect if it is not acted upon within 12 months from the date it was made,
unless it is renewed before the expiry date at the discretion of Council for an
additional period not exceeding 12 months. A second period of not longer
than 12 months if an application is received before the expiry of the first
extension.
b) A use that is listed as a conditional use within this by-law, but that lawfully
existed prior to the effective date of this by-law, shall be considered a lawfully
existing conditional use, and except as regulated by this by-law, shall have
non-conforming rights in accordance with The Planning Act.
c) Changes to an existing conditional use, such as enlargement, expansion or
extension to occupy a greater floor area or site area upon which said use is
located, shall require conditional use approval.
d) In the case of aggregate extraction operations, existing pits may be expanded
within the site, provided that no new pits are established and provided that
said operation was a legally existing conditional use at the effective date of this
by-law. The aggregate extraction operation shall otherwise conform to the
requirements of the zone in which it is located.
5.11 Variance Orders
a) A building, structure or use established by a variance order prior to the
effective date of this by-law shall, subject to the provisions of the variance
order, be deemed to conform to this by-law.
A variance order shall expire or cease to have any effect if it is not acted upon
within 12 months from the date it was made, unless it is renewed before the
expiration date at the discretion of Council for an additional period not
exceeding 12 months.
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5.12 Zoning Memoranda
A zoning memorandum may be issued upon application of any person having an
interest in land, land use, a building or structure within the area affected by this by-
law, stating whether or not the land, building, structure and use appears to conform
with this by-law, in accordance with The Planning Act. A request for a zoning
memorandum must be accompanied by a Building Location Certificate prepared by a
Manitoba Land Surveyor.
5.13 Development Agreements
Where an application is made for an amendment to this by-law, Council may require
the owner or the person entitled to be registered as owner of the land, building or
structure to which the amendment shall apply, as a condition to its enactment to
enter into a development agreement with the RM of Victoria Beach in respect to that
land as well as contiguous land owned or leased by the applicant. Also, as a condition
of subdividing land, approving a conditional use, approving a variation order, or other
development as permitted under The Act, Council may require the applicant to enter
into a development agreement in respect of the affected property and any contiguous
land owned or leased by the owner.
5.14 Non-Conformities
A non-conforming use and a non-conforming building, structure, parcel of land or sign
shall be regulated in accordance with and subject to the provisions of the Act, unless
otherwise provided for herein:
a) Any lawful building or structure which does not conform to one or more of the
applicable yard requirements of the zone in which is it located, either on the
effective date of this by-law or amendments thereto, shall be deemed to be a
lawfully existing permitted building or structure and shall be used as if it
conformed to all such requirements.
b) Any expansion, addition, relocation or reconstruction of a non- conforming use
or a non-conforming building or structure shall conform to the site
requirements and parking and loading requirements of the zone in which it is
located unless varied by a variance order pursuant to the provisions of the Act.
c) Repairs or incidental alterations may be made to a non- conforming structure
subject to approval and issuance of a development permit, where necessary.
d) The use of land or the use of a building is not affected by change of ownership,
tenancy or occupancy of the land or building.
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e) Any owner may apply to the Development Officer for a Non- Conforming
Certificate in accordance with the provisions of the Act.
f)
Pursuant to the provisions of the Act, where Council determines that a building
or structure is damaged or destroyed fifty percent (50%) or more of its
replacement value above its foundation, the said building or structure may be
replaced or rebuilt, but only in compliance with this by-law or its amendments,
or where such requirements are varied by a variance order.
g) In the instance where significant damage occurs to a building or structure by
fire or natural causes, excluding intentional demolition, such that the owner
wishes to rebuild, Variations to the applicable sections of this by-law may be
considered provided the following conditions are met:
i)
The new building can only be of the same size or less than the
destroyed structure.
ii) The rebuilt building is located on the same pad site as the destroyed
building.
iii) The elevation of the property must be brought up to at least 719.5 feet
above sea level.
iv) In all other aspects, the new building must meet the current Building
Code Bylaw.
v) If the rebuilt building is to be located within the Erosion Hazard Limit
as per the RM of Victoria Beach Development Plan, then a geotechnical
study will be required to confirm that the existing bank is stable
enough to safely support the newly built structure.
h) Pursuant to the provisions of the Act, a non-conforming parcel, meaning any
lawful site existing at the adoption of this by-law which does not comply with
the site area and/or site width herein, may be occupied by any building,
structure or use provided:
i)
That the building, structure or use is listed as a permitted or
conditional use within the zone in which said use is located;
ii) That all other requirements of the zone in which the parcel is located,
such as yards, building height, and floor area, are met; and/or
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iii) Variance orders have been obtained to alter requirements within the
particular zone.
i)
Notwithstanding the provision of this subsection, a variance order shall not be
required where a non-conforming use, building, structure, sign or parcel is
being altered so that the non-conformity is not increased even though the
resulting alteration does not fully comply with the requirements set forth
herein.
j)
A non-conforming use of a structure or of a parcel of land, or portion thereof,
which is, or hereafter becomes, abandoned, vacant or unoccupied, and
remains vacant and unoccupied for twelve (12) consecutive months must not
be used after that time except in conformity with the Zoning By-law.
k) A use that is accessory to a non-conforming use may continue as long as the
non-conforming use exists.
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PART 6: Definitions
6.1
Definitions in this By-law
Where the following terms appear in this bylaw, they have the meaning provided as
follows:
ACCESSORY BUILDING OR STRUCTURE means a building or structure that is
naturally and normally incidental, subordinate in purpose or area, or both, and
exclusively devoted to the use, building, or structure to which it is accessory. A use
shown as a conditional use in Table 3.1 cannot be accessory to a use shown as a
permitted use for the same zone.
Accessory Use means a use incidental to, subordinate to and exclusively devoted to the
principal use and which operates together with the principal use on the same site.
Address Sign means a sign, generally applied to a building wall that displays a building's
address.
Advertising Sign means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered elsewhere upon the same zoning site where
the sign is maintained, including a billboard sign.
Alterations, Incidental means changes or replacements in the non- structural parts of
a building or structure, including, but not limited to the following:
i.
An addition, alteration, removal, reconstruction or replacement on the non-
structural exterior of a residential building;
ii. An addition, alteration, removal, reconstruction or replacement of any unroofed
driveway, sidewalk, patio or any accessory building floor;
iii. Alteration of non-load bearing interior partitions in all types of buildings;
iv. Replacement of, or changes in, the capacity of utility pipes, ducts or conduits;
v. Replacement and placement of necessary roofing materials, awnings, eaves,
overhangs and related structures, provided the area and height of the roof are
not increased;
vi. The addition and replacement of interior structures such as furnaces, fuel tanks,
water heaters, fireplaces or wood stoves; and
vii. Replacement of exterior building facades.
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Alterations, Structural means any change, which prolongs the life of the supporting
members of a building or structure, which includes, but is not limited to, bearing walls,
columns, beams or girders.
ANIMAL SHELTER AND VETERINARY SERVICE means a development used for the
care and treatment of small animals where the veterinary services primarily involve out-
patient care and minor medical procedures. All animals shall be kept in an enclosed
building. This use class includes pet clinics and veterinary offices.
Apex means the highest point of a sign as measured from the point on the ground
where its structure is located, or, if no sign structure is present, from the point on the
ground directly below the sign itself.
AUTOMOBILE SERVICE STATION means a building or portion thereof and land used
for the servicing, washing and repairing of vehicles; and the sale of gasoline, other
petroleum products and a limited range of vehicle parts and accessories. Service
stations may include eating and drinking establishments. Typical uses include car
washes, truck stops and highway service stations.
Awning Sign means lettering applied directly on the valance or other vertical portion of
an awning.
BED AND BREAKFAST means a home-based business operated within a principal
dwelling where sleeping accommodation with or without light meals is provided to
members of the travelling public for remuneration. See Section 4.2 for use specific
standards for bed and breakfast establishments.
Building has the meaning provided in The Planning Act, except that it does not include
a well, pipeline, excavation, cut, fill, or transmission line.
Building Height means the vertical distance measured from grade to the highest point
of the roof surface.
Business Sign means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same zoning site where the sign is
maintained.
BUSINESS SUPPORT SERVICE means a development used to provide support
services to businesses which are characterized by one or more of the following features:
the use of mechanical equipment for printing, duplicating, binding or photographic
processing; the provision of office maintenance or custodial services; the provision of
office security; and the sale, rental, repair or servicing of office equipment, furniture
and machines. Typical uses include printing establishments, film processing
establishments, janitorial firms and office equipment sales and repair establishments.
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Carriage Suite/Coach Suite means a self-contained accessory dwelling/secondary
suite unit located over an accessory building such a garage. A secondary suite contains
a single housekeeping unit and has its own separate access, cooking, sleeping and
sanitary facilities which are separate from and not shared with those of the principal
building.
CEMETERY means land used or intended to be used for the burial of the dead, and may
include columbaria, crematoria, mausoleums and mortuaries, when operated in
conjunction with and within the boundaries of such cemetery.
CHILD CARE SERVICE (Group) means the provision of child care service to nine
(9) or more children not over the age of twelve (12) in a provincially licensed facility with
access to an outdoor recreation area.
CHILD CARE SERVICE (Home Day Care) means the provision of child care services in
a dwelling unit, in which the owner or tenant resides, or churches or parish halls, to
children, including the children of the owner or tenant. The number of children shall not
exceed eight (8) and shall have access to an outdoor recreation area.
COMMUNITY CENTRE means a building or structure that provides facilities for indoor
recreational activities and other community facilities such as meeting rooms or a library
for use by the general public.
CONTRACTOR'S YARD means a yard of any building trade or contractor where
equipment and material is stored or where a contractor performs shop or assembly
work.
Controlled Area means the area between the limited access highway or freeway and
the control line in relation thereto (this definition is from The Highways Protection Act).
Control Line is defined in The Highways Protection Act. In the majority of cases (some
exceptions exist), existing statutory control areas in relation to highway classifications are
shown in the table below:
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Dimensions (Transportation Planning Resource Guide, p. 15)
CUSTOM MANUFACTURING ESTABLISHMENTS means development used for small
scale on-site production of goods by hand manufacturing. Typical Uses include
furniture, jewelry, toy, clothing/shoe and musical instrument manufacturing,
gunsmiths, carpentry and upholstery shops, and pottery and sculpture studios.
DETACHED SLEEPING QUARTERS means an accessory detached building located on
the same site as a cottage or dwelling which provides incidental accommodation for
family members and guests.
DRIVE-THROUGH FACILITY means a facility designed to provide goods or services to
the persons in standing (as opposed to parked) motor vehicles, including but not limited
to a drive-through restaurant or bank.
DWELLING means one or more rooms used or intended to be used as a single
housekeeping unit with cooking, sleeping and sanitary facilities.
DWELLING, SINGLE-UNIT means a building, located on a single site, containing one
dwelling.
DWELLING, TWO-UNIT means a building, located on a single site, containing two
dwellings (for example, a duplex or a side-by-side).
DWELLING, MULTI-UNIT means a building, located on a single site, containing three
or more dwellings (for example, row houses, town houses, or apartment buildings).
EATING AND DRINKING ESTABLISHMENT means the sale to the public of prepared
foods, for consumption within the premises or off the site. This includes licensed
drinking establishments, restaurants, cafés, delicatessens, tea rooms, banquet
catering, lunch rooms and take-out restaurants. This does not include drive-through
facilities which provide services to customers who remain in their vehicles, refreshment
stands, take-out windows where service is provided to customers on the outside, or
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mobile catering food services.
EDUCATION SERVICE means a development which is privately or publicly supported
or subsidized involving public assembly for educational, training or instructing
purposes, and includes administration offices required for the provision of such services
on either the same site or elsewhere on the same zoning site. This use class includes
public and private schools, community colleges, technical and vocational schools and
associated administrative offices and dormitories, which may also be established as
accessory uses.
EMERGENCY SERVICES means a development which is required for the public
protection of persons and property from injury, harm, or damage together with the
incidental storage of emergency development which is necessary for the local
distribution of utility services. Typical uses in this class include police stations, fire
stations and ancillary training facilities.
Erosion Protection Measures means beach enhancements, slope stability projects, or
the construction of engineered structures to mitigate shoreline erosion and damage
from coastal hazards.
Erosion Hazard Limit means the sum of the stable slope allowance plus the erosion
allowance of 50 times the average annual recession rate, or a minimum erosion
allowance of 33 feet (10m) if sufficient data is not available as per the RM of Victoria
Beach Development Plan.
Fascia or Wall Sign means any sign attached against the surface of, or against or within
a recess in the wall, a column or other perpendicular portion of a building in a position
essentially parallel to said wall, column or other perpendicular position. A fascia sign
shall also mean any sign attached to the walls of two or more buildings and spanning
the spaces between the said buildings.
FISHING OPERATION means an establishment involved in the harvest and processing
of marine life, for the purpose of retail or wholesale trade, and shall include all buildings,
and structures associated with such operation.
FUNERAL SERVICE means a development used for the preparation of the dead for
burial or cremation, and the holding of funeral services. This use class includes funeral
homes, undertaking establishments and includes cremation and interment services.
GARAGE means a permanent structure intended for the storage of goods or materials.
A Private garage does not include a temporary structure consisting of a metal or steel
frame covered by such material as canvas, plastic, polyethylene, various types of fabric
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or similar materials.
GARAGE (Portable) means a building or structure made of canvas, polyethylene,
reinforced polyethylene, Kevlar, nylon, or similar material.
GARDEN CENTRE, FARMERS' MARKET AND PRODUCE STAND means the outside
display and sale of garden equipment and supplies, plants, seeds, vegetable and fruit
produce, food items produced by vendors, and similar items. This use may also include
greenhouse facilities and a plant or tree nursery.
GENERAL CONTRACTOR SERVICE means a development used for the provision of
building 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 service areas shall be accessory to the principal contractor services use only.
GOVERNMENT SERVICE means a development providing municipal, provincial or
federal government services directly to the public. Typical uses include government
offices, taxation offices, courthouses, postal distribution offices, employment offices
and social services offices.
Grade means the average level of finished ground adjoining a building or structure at all
exterior walls as determined by the Designated Officer.
Grading means the shaping or sloping of land.
Hazardous Materials are dangerous goods that include radioactive, flammable,
explosive, corrosive, oxidizing, asphyxiating, bio-hazardous, toxic, pathogenic, or
allergenic materials. Also included are physical conditions such as compressed gases
and liquids or hot materials. For the purpose of this by-law typical household fuels are
not included as hazardous materials.
HEALTH SERVICE means a development used for the provision of physical and mental
health services on an out-patient basis. Services may be preventative, diagnostic,
treatment, therapeutic, rehabilitative or counselling nature. Typical uses include
medical and dental offices, health clinics, and counselling services.
HOME-BASED BUSINESS means a business activity which includes manufacturing,
sales, a commercial or professional operation, business service, trade, practice, office
or use which is conducted by an occupant of the dwelling, in or from the dwelling unit
and or its permitted accessory building or structure, is intended as a profit making
operation, and is clearly incidental to, accessory to, or secondary to the residential use
of the dwelling unit.
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HOTEL/MOTEL means a building or part thereof wherein accommodation is provided
for transient lodgers, in an individual room or apartment, with or without cooking
facilities. Permitted accessory uses may include, but are not limited to, restaurants,
licensed beverage rooms, banquet halls, ballrooms and meeting rooms.
Household Repair Service means a development used for the repair of goods,
equipment and appliances normally found within the home. This use class includes
radio, television and appliance repair shops, furniture refinishing and upholstery shops.
IDENTIFICATION SIGN means either a sign or nameplate that identifies
the business, owner, resident or the street address and which sets forth no other
advertisement.
INDOOR PARTICIPANT RECREATION SERVICE means a development providing
facilities within an enclosed building for sports and active recreation where patrons are
predominately participants. Typical uses include athletic clubs; health and fitness clubs;
curling, roller skating and hockey rinks; swimming pools; archery or shooting ranges;
bowling alleys and racquet clubs.
Marquee Sign means a sign attached to a marquee, canopy or awning projecting from
and supported by a building.
METAL SHIPPING CONTAINER means a prefabricated metal structure design for use
as a storage enclosure, and which may be permanent or temporary in nature.
MOBILE HOME means a portable dwelling unit that is designed to be used as a living
quarters that is:
a)
Capable of being transported on its own chassis and running gear by
towing or other means;
b)
Placed on the chassis or body of a motor vehicle; or
c)
Forms part of a motor vehicle.
This use does not include recreational vehicles, travel trailers or similar vehicles used for
recreational purposes.
NATURAL AREA OR WILDLIFE HABITAT means land designated as public reserve
that will generally be retained in its natural state in an effort to conserve and protect
environmentally significant lands and ecosystems.
NATURAL RESOURCE DEVELOPMENT means a development for the on- site
removal, extraction, and primary processing of raw material found on or under the site,
or accessible from the site. Typical uses in this class include forestry, gravel pits,
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sandpits, clay pits, and stripping of topsoil. This use class does not include the
processing of raw materials transported to the site.
NON-ACCESSORY PARKING means development providing vehicular parking which
is not primarily intended for the use of residents, employees or clients of a particular
development. Typical uses include surface parking lots and parking structures located
above or below grade.
OFFICE means the use of a building or a portion of a building for the provision of
services to a business, an organization, or to the public. It does not include the
manufacturing of any product or the retail sales of goods.
Ordinary High Water Mark means the level at which the water in a waterbody or
waterway has been held for a period sufficient to leave a mark on the vegetation and/or
soil along the bank; the line identified in a plan or survey as "O.H.W.M." or "Ordinary
High Water Mark", or the line on a plan of survey delineating the bed of a waterbody or
waterway.
OUTDOOR AMUSEMENT ESTABLISHMENT means a commercial development
providing facilities for entertainment and amusement activities which primarily takes
place out of doors and where patrons are primarily participants. Typical uses include
amusement parks, go-cart tracks, racetracks, moto-cross and all-terrain vehicle tracks,
miniature golf, outdoor concert facilities, exhibition and fair grounds and similar uses.
Outdoor Display Case means a sign consisting of a lockable metal or wood framed
cabinet with a transparent window or windows, mounted onto a building wall or
freestanding support. It allows the contents, such as menus or maps, to be maintained
and kept current.
OUTDOOR PARTICIPANT RECREATION SERVICE means a development providing
facilities which are available to the public at large for sports and active recreation
conducted outdoors. Typical uses include golf courses, driving range, shooting ranges,
ski hills, sports fields, outdoor tennis courts, unenclosed ice surfaces or rinks, athletic
fields, boating facilities (including docks, wharves and marinas) outdoor swimming or
wading pools, bowling greens, riding stables and trails.
Party Wall means a wall forming part of a building and used for separation of adjoining
buildings occupied, constructed or adapted to be occupied by different persons or
businesses.
Personal Service means a building or part of a building in which persons are employed
in furnishing services and otherwise administering to personal needs and the repair and
maintenance of personal effects, including such establishments as barber shops,
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beauty salons, shoe repair shops, tailor and dressmaking shops, pet grooming (not
including kennels), dry cleaning establishments and laundromats.
PLACE OF ASSEMBLY means a public or privately owned auditorium, hall or similar
facility developed for the purpose of accommodating groups of persons for meetings,
exhibitions, shows, trade fairs, public meetings, banquets, conferences and similar
activities.
PLACE OF WORSHIP means a building primarily used for religious purposes. Typical
uses include churches, chapels, mosques, temples, synagogues, parish halls, convents
and monasteries. Accessory uses can include associated schools, day-care facilities,
parish halls, cemeteries and like uses.
PLANNED UNIT DEVELOPMENT means a land development project planned as an
entity in accordance with a unitary site plan.
PLANT OR TREE NURSERY means a development used primarily for the raising,
storage and sale of bedding, household and ornamental plants.
Portable or Mobile Sign means a sign with or without a structural frame and intended
for a limited period of display, but shall have no red, green or amber lights thereon, and
with no blinking or scintillating lights when the sign faces a residential area.
Principal Use means the primary or predominant activity on any lot or within any
building or structure.
Principal Building means a structure on a site used to accommodate the principal use.
PRIVATE CAMP means an area of land planned and improved to accommodate
supervised children and/or teenagers as well as retreats for adults, with the primary
purpose of educational, athletic, religious and/or cultural development. Accessory uses
may include sleeping cabins, mess halls, office buildings, worship buildings,
recreational halls and the like.
Projecting Sign means any sign other than a fascia sign, which is attached to a building
and extends beyond the exterior wall of the said building beyond the surface of that
portion of the building to which it is attached.
PUBLIC PARK means a development of public land specifically designed or reserved for
the general public for active or passive recreational use and includes all natural and
man-made landscaping, facilities and playing fields, whether or not such recreational
facilities are publicly operated or operated by other organizations pursuant to
arrangements with the public authority owning the park. Typical uses include tot lots,
picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds, water
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features, and athletic fields.
PUBLIC TRAIL means land dedicated as public reserve which is used as part of an
integrated trail system or as a means of access to areas of community importance such
as beaches.
PUBLIC UTILITY means a system furnishing water, sewage collection, electricity,
telecommunication services, gas or similar services to properties by means of pipes,
lines and other equipment located on or under public roads and other rights-of-way.
Recreational Vehicle or Travel Trailer (including motor homes, tent trailers, and
similar recreational vehicles) means a self-propelled vehicle or vehicles without a
motive power designed to be drawn by a motor vehicle to be used as a transient living
accommodation, facility for travel, recreation, business, trade, vacation and
construction work, which is designed for frequent moves, but not for long term
residential occupation. Travel trailers are capable of being licensed under The Highway
Traffic Act.
RETAIL AND SERVICE (GENERAL) means a building or portion of a building where the
commercial use occurs in a space with a ground floor area equal to or greater than 5,000
sq. ft. (465 m²)
RETAIL AND SERVICE (NEIGHBOURHOOD) means a building or portion of a building
where small-scale neighbourhood oriented commercial use occurs in a space with a
ground floor area less than 5,000 square feet (465 m²). Uses include convenience retail
stores, health services, household repair services, personal service shops, or
professional, financial or office support services which would not significantly alter the
residential character of the surrounding neighbourhood. Specialty food services and
eating establishments may also be allowed if less than 1,000 sq. ft. (92.9 m²)
Riparian area means an area of land on the banks of or near a water body that, due to
the influence of water, is capable of naturally supporting an ecosystem that is distinct
from the ecosystem of the adjacent upland areas.
Short Term Rental means all or part of a dwelling unit used to provide
accommodations for any rental period less than twenty eight (28) consecutive nights.
Sidewalk Sign or Sandwich Board means a moveable freestanding sign that is typically
double-sided, placed at the entrance to a business to attract pedestrians.
Site means a whole lot or block in a registered plan of subdivision, or the aggregate of
all contiguous land described in a certificate of title or in more than one certificate of
title provided they are in the same ownership.
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Site, Corner means a site situated at the intersection of two streets.
Site, Interior means a site other than a corner site or a through site.
Site, Through means a site having a pair of opposite site lines along two more-or-less
parallel streets.
Site Area means the computed amount of gross land area contained within the site
lines.
Site Coverage means the combined area of all buildings, structures, and paved surfaces
on the site as a percentage of the site area, measured at the level of the lowest storey
above the grade including all enclosed and insulated decks, sunrooms, porches and
verandas, seasonal non-insulated structures, open or covered, such as decks, screen
porches or veranda, patios at grade, steps, uncovered walks, wheelchair ramps,
cornices, eaves and similar projections.
Site Line means one of the boundaries of a site, which include:
Site Line, Front means that boundary of a site along an existing or designated
street. For a through site or corner site, the site lines along both streets shall be
deemed front site lines. Where an irregular shaped site cannot have its site lines
defined by this definition, the front site line shall be determined by the
designated officer.
Site Line, Rear means that boundary of a site which is most nearly parallel to
the front site line. Where an irregular shaped site cannot have its site lines
defined by this definition, the rear site line shall be determined by the
designated officer.
Site Line, Side means any boundary of a site which is not a front or rear site line.
Site Width means the horizontal distance between the side site lines, measured
at right angles to the site depth at a point midway between the front and rear
site lines, or 40 feet from the front site line, whichever is the lesser.
SOLID WASTE AND RECYCLING DEPOT means a development used for the
collection and temporary storage of household solid waste and recycling materials. This
does not include auto wreckers.
STORAGE FACILITY:
General means a development used exclusively for temporary indoor or
outdoor storage of goods, materials and merchandise. This use class does not
include vehicle storage compounds, automobile wrecking yards, salvage yards,
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scrap metal yards or the storage of hazardous goods or waste.
Self-Service means a building or group of buildings consisting of individual,
self-contained units leased to individuals, organizations, or businesses for self-
service storage of personal property.
Storey means that portion of any building which is situated between the top of any floor
and the top of the floor next above it; and if there is no floor above it, that portion
between the top of such floor and the ceiling above it, but does not include a cellar.
Structure means anything constructed or erected with a fixed location on or below the
ground or attached to something with such a fixed location. It includes, but is not
limited to, buildings, walls, fences, signs, billboards, light standards and antennas.
SWIMMING POOL or HOT TUB means an above or below ground structure filled with
water, to a depth of greater than two (2) feet, to enable swimming or other leisure
activities.
Temporary Building, Structure or Use means a building, structure or use that is
temporary in nature and subject to General Regulation 2.8.
Temporary Sign means a sign which is not permanently anchored to a footing
extending below grade or permanently affixed to, or painted on, a building and on
which the copy has been painted or affixed in a permanent manner. The copy on the
sign shall relate to an activity, use or event of a limited time duration not exceeding six
months. Temporary signs include political campaign signs, real estate signs,
construction identification signs, signs involving seasonal businesses, and signs
advertising specific community events. For the purpose of this by-law, temporary signs
shall not include portable signs.
TRUCKING OPERATION means the use of land, buildings or structures for the purpose
of storing, repairing, servicing or loading trucks, transportation trailers and/or buses.
The use class includes automotive repair, eating and drinking areas, gas bar, retail sales
and service stations as accessory uses.
Window Sign means a sign placed or painted on the interior of a shopfront window or
the window of a business door.
Yard means an open area between the exterior wall of a building and the boundaries of
the site on which it is located.
Yard, Required means the Yard measured from a site line towards the interior of the
site within which no building or any part of a building may be located, except as provided
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in this by-law.
Yard Sign means a permanent freestanding sign in a yard, including a supporting post
or posts.
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