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TOWN OF SAINTE-ANNE
BY-LAW NO. 8-2020
BEING a By-law of the Town of Sainte-Anne 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 Town of Sainte-Anne has, by
by-law, adopted the Town of Sainte-Anne Development Plan;
NOW THEREFORE, the Council of the Town of Sainte-Anne, in meeting duly assembled,
enacts as follows:
1.
The Zoning By-Law 8-2020 attached is hereby adopted;
2.
The By-Law shall be known as the Town of Sainte-Anne Zoning By-Law;
3.
Town of Sainte-Anne By-Law 8-2010, as amended, are repealed;
4.
This By-Law shall come into force on the 29th of October, 2020
DONE AND PASSED on this 28th day of October, 2020.
Mayor, Richard Pelletier
CAO., Marc Darker
Read a first time this 9th day of September, 2020.
Read a second time this 14th day of October, 2020.
Read a third time this 28th day of October, 2020.
TOWN OF STE. ANNE
ZONING BY-LAW
By-law No. 8-2020
TOWN OF STE. ANNE ZONING BY-LAW
i
INTRODUCTION
The Town of Ste. Anne Zoning By-law (No. 8-2020) has been prepared in accordance with the Town's
Development Plan (No. 5-2020). The Development Plan defines the community's vision for the future, as well as
establishes the policies and objectives required to achieve it. The Zoning By-law, in turn, implements these
policies and objectives through corresponding regulations for land use and development. As such, the Town's
Development Plan is referred to throughout this By-law and should be referenced accordingly.
HOW TO USE THIS BY-LAW
This Zoning-Bylaw regulates the use, size, height, and location of buildings and structures on properties within
the Town of Ste. Anne. In order to determine these regulations for any specific property within the Town,
following the four step process outlined below will help you to acquire the information you need.
Step 1 - Identify the Applicable Zoning District
-
Use the Zoning Map [PART 8] to determine which zoning district your property is located in.
-
Reference PART 3: Zoning Districts of this By-law for a description of that zoning district.
-
Look at the Development Plan to make sure your proposal is aligned with applicable policies.
Step 2 - Identify Permitted Uses in the Zoning District
-
Find the Uses table for the zoning district applicable to your property in PART 3: Zoning Districts.
-
Uses marked with the letter P are permitted and may be developed once you have a permit.
-
Uses marked with the letter C are conditional and may or may not be permitted depending on the
circumstances of the proposal, which is evaluated according to the criteria provided in PART 6.
-
Uses marked with a * have special requirements as set out in PART 4: Use Specific Standards.
Step 3 - Identify How and Where Your Property can be Developed
-
Find the Dimensional Standards table for the applicable zoning district in PART 3: Zoning Districts.
-
The Dimensional Standards table provides information on building heights, sizes, and required yards, as
well as other spatial requirements for development sites.
-
Look at PART 2: General Regulations for details on regulations applicable to all development.
-
Reference PART 7: Definitions as needed to ensure a complete understanding of this By-law.
Step 4 - Identify the Permits Required to Proceed
-
In most cases, you will require a Development Permit before you can proceed with any change in land
use or development, but when in doubt you should contact the Town's Municipal Office.
-
Reference PART 6: Administration to see if your planned development is exempt from needing a
Development Permit, in which case you may proceed with the project, as long as your project meets the
other requirements of this By-law and other applicable By-laws of the Town of Ste. Anne.
-
You are responsible for finding out any other provincial or federal regulations that apply to your
development, as well as any other permits you are required to obtain from the Municipal Office.
TOWN OF STE. ANNE ZONING BY-LAW
ii
TABLE OF CONTENTS
PART 1 APPLICABILITY AND INTERPRETATION ......................................................... 1
1.1
TITLE ............................................................................................................................................. 1
1.2
SCOPE ........................................................................................................................................... 1
1.3
PURPOSE ...................................................................................................................................... 1
1.4
AUTHORITY .................................................................................................................................. 1
1.5
INTERPRETATION ........................................................................................................................ 2
PART 2 GENERAL REGULATIONS ................................................................................ 4
2.1
APPLICABILITY ............................................................................................................................ 4
2.2
REGULATION OF USES ................................................................................................................ 4
2.3
MULTIPLE USES OR PROVISIONS .............................................................................................. 4
2.4
ONE DWELLING PER PARCEL OF LAND..................................................................................... 4
2.5
ACCESSORY USES, STRUCTURES AND BUILDINGS ................................................................. 4
2.6
TEMPORARY USES, STRUCTURES AND BUILDINGS ................................................................. 5
2.7
PROHIBITED USES, STRUCTURES AND BUILDINGS ................................................................. 6
2.8
SITE AND YARD REQUIREMENTS ............................................................................................... 6
2.9
PERMITTED YARD PROJECTIONS .............................................................................................. 8
2.10
BUILDING HEIGHTS ................................................................................................................... 10
2.11
VERTICAL PROJECTIONS ......................................................................................................... 10
2.12
ACCESS TO SITES ...................................................................................................................... 10
2.13
CONNECTING TO MUNICIPAL SERVICES ................................................................................ 11
2.14
BUILDING GRADE ....................................................................................................................... 11
2.15
EXCAVATION, STRIPPING, AND LOT GRADING ...................................................................... 11
2.16
LAND DRAINAGE ....................................................................................................................... 12
2.17
LANDSCAPING ........................................................................................................................... 12
2.18
FENCES AND SCREENING ......................................................................................................... 14
2.19
OUTDOOR LIGHTING ................................................................................................................. 15
2.20
CORNER VISION TRIANGLE ...................................................................................................... 16
2.21
SUBDIVISION OF ATTACHED UNITS AND DWELLINGS .......................................................... 16
2.22
MOVING OF STRUCTURES ........................................................................................................ 17
2.23
FUTURE ROAD ALLOWANCES .................................................................................................. 17
2.24
PUBLIC UTILITIES ...................................................................................................................... 17
2.25
ADDRESS IDENTIFICATION ....................................................................................................... 17
2.26
SIGNS .......................................................................................................................................... 17
2.27
PARKING AND LOADING ........................................................................................................... 22
2.28
OUTDOOR STORAGE ................................................................................................................. 28
PART 3 ZONING DISTRICTS ....................................................................................... 30
3.1
ESTABLISHMENT OF ZONING DISTRICTS .............................................................................. 30
3.2
PERMITTED AND CONDITIONAL USES .................................................................................... 31
3.3
DIMENSIONAL STANDARDS ..................................................................................................... 32
TOWN OF STE. ANNE ZONING BY-LAW
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3.4
RESIDENTIAL ZONING DISTRICTS ........................................................................................... 33
3.5
COMMERCIAL ZONING DISTRICTS .......................................................................................... 37
3.6
INDUSTRIAL ZONING DISTRICT ............................................................................................... 42
3.7
COMMUNITY ZONING DISTRICTS ............................................................................................ 46
3.8
AGRICULTURAL ZONING DISTRICT ......................................................................................... 49
PART 4 USE SPECIFIC STANDARDS .......................................................................... 51
4.1
APPLICABILITY .......................................................................................................................... 51
4.2
HOME-BASED BUSINESSES ...................................................................................................... 51
4.3
GARDEN SUITES ........................................................................................................................ 52
4.4
SECONDARY SUITES ................................................................................................................. 52
4.5
LIVE-WORK UNITS ..................................................................................................................... 53
4.6
HOME-BASED INDUSTRY .......................................................................................................... 53
4.7
MULTIPLE-UNIT DWELLINGS.................................................................................................... 54
4.8
PLANNED UNIT DEVELOPMENTS ............................................................................................ 54
4.9
PRIVATE AND SEMI-PRIVATE SWIMMING POOLS ................................................................. 55
4.10
RELIGIOUS ASSEMBLIES ........................................................................................................... 55
4.11
DRIVE-THROUGH FACILITIES ................................................................................................... 55
4.12
SERVICE STATIONS AND FUEL SALES .................................................................................... 56
4.13
BED AND BREAKFASTS ............................................................................................................. 56
4.14
SOLAR COLLECTORS ................................................................................................................ 57
4.15
EATING AND DRINKING ESTABLISHMENTS ........................................................................... 57
4.16
CANNABIS RETAIL STORES ...................................................................................................... 57
4.17
SHIPPING CONTAINERS ........................................................................................................... 57
4.18
BILLBOARD ADVERTISING SIGNS ............................................................................................ 58
4.19
CAMPGROUNDS ........................................................................................................................ 58
4.20
PUBLIC UTILITY SERVICES ....................................................................................................... 58
PART 5 SPECIAL AREAS ............................................................................................ 59
5.1
APPLICABILITY .......................................................................................................................... 59
5.2
PROVINCIAL HIGHWAYS........................................................................................................... 59
5.3
FLOOD HAZARD AREAS ............................................................................................................ 59
5.4
RIPARIAN AREAS ....................................................................................................................... 60
5.5
RAILWAY OPERATIONS ............................................................................................................. 61
5.6
WASTEWATER TREATMENT FACILITIES................................................................................. 61
5.7
HELICOPTER FLIGHT ZONE ...................................................................................................... 61
5.8
HIGH PRESSURE NATURAL GAS UTILITIES ............................................................................. 62
5.9
HYDRO TRANSMISSION UTILITIES .......................................................................................... 63
5.10
CROP PROTECTION WAREHOUSES ......................................................................................... 63
PART 6 ADMINISTRATION ......................................................................................... 64
6.1
ADMINISTRATION AND ENFORCEMENT ................................................................................. 64
6.2
CONTROL OF DEVELOPMENT .................................................................................................. 64
6.3
DEVELOPMENT PERMITS ......................................................................................................... 64
6.4
CONDITIONAL USES .................................................................................................................. 67
TOWN OF STE. ANNE ZONING BY-LAW
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6.5
VARIANCE ORDERS ................................................................................................................... 68
6.6
ZONING AMENDMENTS ............................................................................................................ 69
6.7
SUBDIVISIONS............................................................................................................................ 69
6.8
RESPONSIBILITIES OF COUNCIL .............................................................................................. 70
6.9
RESPONSIBILITIES OF THE DESIGNATED OFFICER ............................................................... 70
6.10
DUTIES OF THE OWNER ............................................................................................................ 71
6.11
NON-CONFORMITIES ................................................................................................................ 71
6.12
PREVIOUS VIOLATIONS ............................................................................................................ 73
6.13
REMEDIES AND PENALTIES ..................................................................................................... 73
6.14
EFFECTIVE DATE ....................................................................................................................... 74
6.15
TRANSITION FROM PREVIOUS BY-LAW .................................................................................. 74
PART 7 DEFINITIONS .................................................................................................. 75
7.1
GENERAL DEFINITIONS ............................................................................................................. 75
7.2
SIGN DEFINITIONS..................................................................................................................... 87
7.3
USE CLASS DEFINITIONS .......................................................................................................... 90
PART 8 ZONING MAP ............................................................................................... 100
TOWN OF STE. ANNE ZONING BY-LAW
v
TABLES
Table 2-1 - Permitted Yard Projections
9
Table 2-2 - Accessory Sign Standards for Zoning Districts
19
Table 2-3 - Accessory Off-Street Parking Requirements
24
Table 2-4 - Parking Space and Aisle Dimensions
25
Table 2-5 - Accessible Parking Space Requirements
27
Table 2-6 - Accessory Off-Street Loading
28
Table 3-1 - Zoning Districts Established
30
Table 3-2 - Residential District Uses
34
Table 3-3 - Residential District Dimensional Standards
35
Table 3-4 - Commercial District Uses
38
Table 3-5 - Commercial District Dimensional Standards
40
Table 3-6 - Industrial District Uses
43
Table 3-7 - Industrial District Dimensional Standards
44
Table 3-8 - Community District Uses
47
Table 3-9 - Community District Dimensional Standards
48
Table 3-10 - Agricultural District Uses
49
Table 3-11 - Agricultural District Dimensional Standards
50
FIGURES
Figure 1 - Types of Sites
7
Figure 2 - Roof Heights
10
Figure 3 - Corner Vision Triangles
16
Figure 4 - Standard Parking Space and Aisle Dimensions
26
Figure 5 - Accessible Parking Space Dimensions
26
Figure 6 - Site Depth
83
Figure 7 - Site Lines
84
Figure 8 - Yards
86
Figure 9 - Sign Examples
89
Figure 10 - Garden Suites
98
Figure 11 - Secondary Suites
99
IN-TEXT MAPS
Map 1 - Flood Hazard Areas
60
Map 2 - Helicopter Flight Zone
61
Map 3 - High Pressure Natural Gas Utility Locations
62
TOWN OF STE. ANNE ZONING BY-LAW
1
PART 1 APPLICABILITY AND INTERPRETATION
1.1
TITLE
a) This By-law shall be known as "The Town of Ste. Anne Zoning By-law" and may be cited as such.
1.2
SCOPE
a) This By-law shall apply to all lands within the Town of Ste. Anne as indicated on the Zoning Map.
1.3
PURPOSE
The regulations established by this By-law are deemed necessary in order to:
a) Ensure general conformance with the objectives and policies of the Town of Ste. Anne Development
Plan;
b) Outline the powers and duties of the Town of Ste. Anne Council (Council), the Designated Officer,
and the landowner and/or developer as they relate to this By-law; and,
c) Regulate the following:
i. All buildings and structures erected hereafter;
ii. All uses of buildings, structures, and land established hereafter;
iii. All structural alterations or relocations of existing buildings and structures occurring hereafter;
iv. All changes of use of buildings, structures, and land; and,
v. All enlargements or additions to existing buildings, structures, and uses.
1.4
AUTHORITY
1.4.1
Use and Development of Buildings, Structures, and Land Must Comply
a) Within the Town of Ste. Anne, 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.
1.4.2
Relation to Other Laws, By-laws, and Regulations
a) In such cases when a provision of another law, by-law, or regulation of the Provincial or Federal
government contains a restriction governing the same subject matter as contained in this By-law, or
imposes inconsistent regulations or standards with respect to uses, buildings, or structures, the
most restrictive or highest standard shall be applied.
b) In such cases when this By-law and another Town of Ste. Anne by-law contain conflicting or
overlapping regulations, the most restrictive or highest standard shall be applied.
c) In such cases where the provisions or conditions of a development agreement, variance order, or
conditional use order issued by the Town impose overlapping regulations with those contained in
this Zoning By-law, the most restrictive or highest standard shall be applied.
TOWN OF STE. ANNE ZONING BY-LAW
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1.5
INTERPRETATION
1.5.1
Rules of Construction
The following rules of construction shall apply to the text of this By-law:
a) Words, phrases, and terms defined in this By-law must be given the defined meaning.
b) Words, phrases, and terms not defined in this By-law shall be as defined in The Planning Act, the
Town of Ste. Anne Building By-law, or any other Act or by-law specifically referenced herein.
c) Words, phrases, and terms not defined in this By-law nor The Planning Act, Town of Ste. Anne
Building By-law, or any other Act or By-law specifically referenced herein shall be given their usual
and customary meaning except where, in the opinion of Council, the context indicates a different
meaning.
d) The phrase "used for" includes "arranged for", "maintained for", "designed for", or "occupied for".
e) Unless the context clearly indicates the contrary, where a regulation involves two or more items,
conditions, provisions, or events connected by the conjunctions "and", "or" or "and/or", the
conjunctions shall be interpreted as follows:
i. "and" indicates that all the connected items, conditions, provisions, or events shall apply;
ii. "or" indicates that the connected items, conditions, provisions, or events shall apply singly but
not in combination; and,
iii. "and/or" indicates that all the connected items, conditions, provisions, or events may apply
singly or in combination.
f) The word "includes" or "including" shall not limit a term to the specified examples, but rather, is
intended to extend the meaning to all instances or circumstances of like kind or character.
1.5.2
Tables
a) Tables form part of this By-law and provide regulatory standards, either to supplement text or in
place of text. Table headings, including column headings, row headings, and groupings of columns
and rows, form part of this By-law and have legal effect. Table notes, located within the tables,
indicate special situations that affect the application of standards to specific zoning districts and are
also part of this By-law. Where any conflict or inconsistency arises between a table and the text of
this By-law, the text governs.
1.5.3
Illustrations
a) Drawings and illustrations form part of this By-law and are provided to assist the user in interpreting
and understanding the regulations of this By-law. Where any inconsistency or conflict arises
between a drawing or illustration and the text of the By-law, the text governs.
1.5.4
Zoning Map
a) The location and boundaries of the zoning districts established herein are identified on the Zoning
Map which forms PART 8 of this By-law. The boundaries of zoning districts shown on the Zoning
Map shall be interpreted in accordance with the provisions of subsection 3.1.1.
TOWN OF STE. ANNE ZONING BY-LAW
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1.5.5
Units of Measurement
a) Dimensions in this Zoning By-law have been provided using imperial measurements.
1.5.6
Contents and Organization
a) The contents of this By-law is divided into PARTS as follows:
PART 1: Applicability and Interpretation
Outlines the title, scope, purpose, and authority of this By-law, as well as provides guidance for its
interpretation.
PART 2: General Regulations
Outlines general regulations and requirements pertaining to development in all zoning districts.
PART 3: Zoning Districts
Establishes zoning districts for the Town of Ste. Anne, as well as outlines the intent, permitted and
conditional uses, dimensional standards, and additional provisions applicable the districts.
PART 4: Use Specific Standards
Outlines additional regulations for specific land uses and types of development in the Town.
PART 5: Special Areas
Outlines additional regulations for areas in the Town with special site constraints or conditions.
PART 6: Administration
Provides direction for administering this By-law, including the authorities of Council and the
Designated Officer, as well as provisions for Development Permits and approvals procedures.
PART 7: Definitions
Provides definitions for general terms and terms related to signs and land uses included herein.
PART 8: Zoning Map
Contains the map demonstrating the locations and boundaries of prescribed zoning districts.
TOWN OF STE. ANNE ZONING BY-LAW
4
PART 2 GENERAL REGULATIONS
2.1
APPLICABILITY
a) The regulations contained in this PART shall apply to the use and development of all land, buildings,
and structures in the Town of Ste. Anne, unless otherwise specifically stated herein.
2.2
REGULATION OF USES
No land, building or structure shall be used or occupied except for a use that:
a) Is listed in the Uses Table for the applicable zoning district as:
i. A permitted use; or,
ii. A conditional use, subject to approvals as such.
b) Is a temporary use, authorized for a period of time by the Designated Officer.
c) Has been granted a use variance in accordance with The Planning Act.
2.3
MULTIPLE USES OR PROVISIONS
a) 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 there is a conflict between the provisions, the more
restrictive regulation shall apply.
2.4
ONE DWELLING PER PARCEL OF LAND
a) There shall be a maximum of one dwelling unit per parcel of land, except in such cases as:
i. Two-unit dwellings or multiple-unit dwellings permitted under this By-law.
ii. Secondary suites, garden suites, or temporary additional dwellings permitted in this By-law.
2.5
ACCESSORY USES, STRUCTURES AND BUILDINGS
a) Subject to all other requirements of this By-law, an accessory building or structure is permitted in
any zoning district when accessory to an approved principal use that is permitted or conditional in
that same zoning district, and for which a Development Permit has been issued.
b) No accessory use shall be established, and no accessory building or structure shall be constructed,
erected, relocated, or placed, prior to the establishment of the principal use of the site, building, or
structure to which it is accessory, unless authorized in writing by Council.
c) All accessory uses shall be subject to the regulations of the zoning district in which it is located.
d) Where an accessory building or structure is attached to a principal building on the site by a roof, an
open or enclosed structure above grade, a floor or a foundation which is above grade, that building
or structure shall be considered a part of the principal building and regulated as such.
TOWN OF STE. ANNE ZONING BY-LAW
5
e) Where an accessory building or structure is detached from the principal building or structure, it shall
be subject to, and in compliance with, all dimensional standards applicable to accessory buildings
and structures for the zoning district in which it is located.
f) The area of land or buildings used or occupied for accessory uses on a site shall not exceed the area
of land or buildings respectively used or occupied by principal uses on the same site.
g) No land, building, or structure shall be used or occupied for any accessory use after the use to which
it is accessory has been discontinued.
h) No accessory building or structure shall be located within a dedicated easement or right-of-way.
i) Detached accessory buildings or structures shall not be located within any required front yard or
corner side yard.
j) In any residential zoning district, there shall be no more than two (2) detached accessory structures
or buildings located on a single zoning site.
k) Detached accessory buildings or structures shall not be located closer than ten (10) feet to any
principal building or structure.
l) An accessory building or structure shall not be used for human habitation, unless otherwise
provided for herein.
2.6
TEMPORARY USES, STRUCTURES AND BUILDINGS
a) A Development Permit shall be required prior to the establishment of a temporary building, structure
or use, except where otherwise specified herein, which shall be subject to such terms and conditions
deemed necessary by the Designated Officer to prevent detrimental effects.
b) Temporary buildings, structures, and uses for construction materials or equipment, both incidental
and necessary to construction occurring on the same zoning site, may be permitted on a temporary
basis subject to the issuance of a Development Permit for both the principal building and the
temporary use, as well as any other terms and conditions deemed necessary.
c) Temporary buildings and/or structures associated with construction must be removed from the
premises within thirty (30) days of all related activities being completed or discontinued.
d) Temporary buildings and structures shall not exceed 1,000 square feet in area and 20 feet in height.
e) A Development Permit issued for a temporary building, structure, or use shall be valid for the period
specified by the Designated Officer, up to a maximum of one (1) year in duration. Renewal of a
subsequent term will be at the discretion of the Designated Officer, which may not be authorized for
more than two (2) successive periods at the same location.
f) The temporary use, building, or structure must not result in permanent alterations to the zoning site
on which it is located.
g) Temporary buildings or structures must not interfere with the regular operations of any permanent
uses located on the site, and shall not be detrimental to the health, safety, convenience, and general
welfare of the public.
TOWN OF STE. ANNE ZONING BY-LAW
6
h) Unless otherwise specified in the terms and conditions of the Development Permit, a temporary use
must cease to operate after thirty (30) days starting from the date the permit was approved.
i) The site on which a temporary use is located must be of a sufficient size and appropriate location to
accommodate activities associated with the use, including parking and traffic.
2.6.2
Exceptions for Specific Temporary Uses
a) Notwithstanding the regulations in section 2.6, temporary uses and structures associated with
festivals, farmers' markets, or similar community events may be permitted without the issuance of a
Development Permit at the discretion of the Designated Officer, as per subsection 6.3.2.
2.7
PROHIBITED USES, STRUCTURES AND BUILDINGS
2.7.1
Noxious or Offensive Uses
a) No use shall be permitted in any zoning district which may be noxious or offensive due to the
emission or production of odour, dust, refuse matter, wastes, vapour, smoke, gas, vibration, noise,
and/or or any other such cause that, as determined by Council, would create a nuisance.
2.7.2
Exterior Wood Burning Furnaces
a) Exterior solid fuel burning furnaces shall not be permitted in any zoning district in the Town.
2.7.3
Livestock Operations
a) Livestock operations, as defined in The Planning Act, shall not be permitted in any zoning district in
the Town.
2.7.4
Portable Garages
a) Portable garages, as defined herein, shall not be permitted in any zoning district in the Town.
2.7.5
Mobile Homes
a) Mobile homes, as defined herein, shall not be permitted in any zoning district in the Town.
2.8
SITE AND YARD REQUIREMENTS
Unless provided for elsewhere in this By-law, the following regulations shall apply in all zoning districts,
as to ensure the provision of adequate site and yard standards:
a) Required yards set out in the dimensional standard tables for each zoning district shall remain free
of buildings, except for building elements permitted to project into yards, as per section 2.9.
b) No building or structure shall be added to or reconstructed and no site shall be reduced in area,
width, or depth if such changes will result in the violation of any provision contained herein.
c) All yards required for any use shall be located on the same zoning site as that use.
d) In cases where the dimensional standards of any site or yard provided for a building or structure do
not meet the minimum requirements of this By-law, as of the date of it coming into effect, the
existing non-conformity shall not be increased further by reducing the site or yard area.
TOWN OF STE. ANNE ZONING BY-LAW
7
e) Where a site is occupied by a permitted or conditional use without a building or structure, the
required yards for the zoning district in which it is located shall still apply and be maintained.
f) In addition to the dimensional standards established for the applicable zoning district, yard
requirements for corner, flag, and through sites shall be subject to the following provisions:
i. In the case of a corner site, the front yard shall be the yard abutting the front site line.
ii. Any corner site may, at the discretion of the Designated Officer, be required to provide an
additional front yard or yards other than that required in the applicable zoning district, having
regard for the orientation, access, and yard requirements of adjacent properties.
iii. The development of new flag sites shall be prohibited unless the Designated Officer determines
there is no feasible alternative way to provide access to such lands.
iv. The Designated Officer may require a through site to provide a front yard on each public road;
in any case, all through sites shall be required to provide at least one front yard, with all
adjacent through sites having front yards oriented toward the same public street.
Figure 1 - Types of Sites
2.8.1
Side Yard Exceptions
a) Notwithstanding the side yard requirements of the applicable zoning district, buildings containing
multiple units with common party walls, or sharing a common party wall with a building on an
adjacent side, shall not be required to provide a side yard along said party wall.
TOWN OF STE. ANNE ZONING BY-LAW
8
2.8.2
Retention of Site and Yard Requirements
a) It shall be the continuing obligation of the property owner to maintain the minimum site area or
yards required by this By-law for any use as long as it remains in existence on the zoning site, unless
the site is recognized to be legally non-conforming or a variance order has been issued.
b) The minimum required site area and yards allocated to a use as per requirements of this By-law
shall not, by virtue of change of ownership or for any other reason, be used to satisfy the minimum
yard or site area requirements for any other use.
2.9
PERMITTED YARD PROJECTIONS
a) Notwithstanding the yard requirements established in PART 3 of this By-law, building features
and/or site features may project into a required yard to the extent provided for in Table 2-1.
b) The Designated Officer may allow a projection not listed in Table 2-1, provided that projection will
have no greater impact on surrounding properties than those that are permitted.
TOWN OF STE. ANNE ZONING BY-LAW
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Table 2-1 - Permitted Yard Projections
Features
Zoning District
Projections Permitted
Front Yard
Side Yard
Rear Yard
Building Features
uncovered walks or stairs, trellises,
eaves, downspouts, and chimneys
All Districts
Permitted
Permitted
Permitted
unenclosed fire escapes and
balconies
RS-S, RS-L, RT,
CN
2 ft.
Not Permitted
5 ft.
RM-M, RM-H,
CMU, CH, CC, I
5 ft.
2 ft.
5 ft.
open and unenclosed porches,
verandas, decks, and similar building
features as determined by the
Designated Officer
RS-S, RT, CN
5 ft.
2 ft.
10 ft.
RS-L, AL
10 ft.
5 ft.
12 ft.
RM-M, RM-H,
CMU, CH, CC, I
5 ft.
2 ft.
5 ft.
wheelchair ramps, lifts, and other
accessibility features
All Districts
Permitted
Permitted
Permitted
bay, oriel, or similar style windows
All Districts
2 ft.
2 ft.
2 ft.
open and unenclosed patios
CH, CC, CMU, CN
Permitted
Permitted
(no closer than 5 ft.
to a residential use)
Permitted
(no closer than 5 ft.
to a residential use)
Site Features
fence, hedge, masonry wall, or
similar decorative screening feature
All Districts
Permitted
Permitted
Permitted
pathways, sidewalks, and driveways
All Districts
Permitted
Permitted
Permitted
bicycle racks and public monuments
All Districts
Permitted
Permitted
Permitted
garden and planting beds
All Districts
Permitted
Permitted
Permitted
parking and loading areas
(as required under this By-law)
RS-S, RS-L, RT, R,
CN, CC
Not Permitted
Permitted
Permitted
RM-M, RM-H,
CMU
5 ft.
Permitted
Permitted
CH, MG, I, PR
10 ft.
Permitted
Permitted
swimming pools, hot tubs, and
associated mechanical equipment
RS-S, RS-L, RT,
RM-M, RM-H,
CMU, I, AL, PR
Not Permitted
Not Permitted
Permitted
(no closer than 5 ft.
to rear / side site line)
exterior air conditioning units
All Districts
Not Permitted
Permitted
Permitted
satellite dishes
All Districts
Not Permitted
Permitted
Permitted
fuel pumping stations
CH, MG
Permitted
(no closer than 20 ft.
to front site line)
Permitted
(no closer than 20
ft. to side site line)
Permitted
(no closer than 20 ft.
to rear site line)
garbage and recycling enclosures
RS-S, RS-L, RT,
RM-M, RM-H,
CMU, CN, CC
Not Permitted
2 ft.
Permitted
PR, CH, I, MG
Not Permitted
5 ft.
Permitted
permitted signs
All Districts
Permitted
Not Permitted
Permitted
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2.10
BUILDING HEIGHTS
a) The height of any principal building, unless otherwise specified in this By-law, shall not exceed 40
feet.
b) Exclusive of any features attached or affixed to a principal structure discussed below in section 2.11,
building height shall be measured from the average grade level to the:
i. The highest point of a flat roof or shed roof;
ii. The mean level between the top of the highest exterior wall plate and the peak of a pitched roof;
or,
iii. The deck line of a mansard roof.
Figure 2 - Roof Heights
2.11
VERTICAL PROJECTIONS
a) In determining whether a development conforms to the maximum height permissible in any zoning
district under this By-law, the following features, when attached or affixed to the principal structure,
shall not be considered for the purpose of height determination:
i. Architectural features such as steeples, belfries, domes or spires, skylights, fire walls;
ii. Mechanical features such as chimney stacks, elevator housings, roof stairway entrances, water
or other tanks, ventilating equipment;
iii. Accessory communication features such as satellite dishes, antennas, and similar receiving
and transmitting structures and masts;
iv. Site features such as solar collectors, flag poles, clearance markers; and,
v. Similar features, as determined by the Designated Officer.
2.12
ACCESS TO SITES
a) No permanent building shall be constructed or placed on a site that does not have legal access to an
improved public road or road defined as a common element in The Condominium Act.
b) No more than one (1) driveway shall be constructed for any single-unit dwelling with a developed or
proposed principal use and the driveway shall not have more than one (1) access point to and from
abutting streets. Multiple-unit dwellings, two-unit dwellings, and non-residential sites may have up to
two (2) access points total from abutting public roads.
c) Access and egress to sites shall not be developed in a continuous fashion along a street edge, but
rather, must be provided by means of a driveway in accordance with subsection 2.27.3.
TOWN OF STE. ANNE ZONING BY-LAW
11
d) The minimum distance between two driveways on one site, or between a driveway and a street
intersection, as measured along the street edge intersected by such driveway, must be 20 feet.
e) All access locations and curb crossings shall require the approval of the Designated Officer.
f) Permits to establish a new access or modify an existing access to a declared provincial highway
shall be required from Manitoba Infrastructure prior to development commencing.
2.13
CONNECTING TO MUNICIPAL SERVICES
a) All new principal buildings and, as determined by the Designated Officer, major accessory buildings
constructed on a site that is serviced by the municipal wastewater system shall be connected to
that system within a period of time pursuant to provincial regulations.
b) Any development proposed on a non-serviced site with access to the Town's municipal wastewater
system must be connected to that system to the satisfaction of Council.
2.14
BUILDING GRADE
a) No building or structure shall be erected without first obtaining from the Designated Officer written
instructions as to the grade for the building or structures to be erected, which shall be in accordance
with the Town's Building By-law. It shall be the continuing obligation of the property owner to
maintain lot grades for adequate site drainage and to ensure that the level of the surrounding fill at
the building line shall not be less than any flood protection levels.
2.15
EXCAVATION, STRIPPING, AND LOT GRADING
a) For the purposes of this section of the By-law, excavation shall mean excavation other than for
construction or building purposes, including but not limited to topsoil stripping, vegetation clearing,
and the construction of artificial bodies of water.
b) Any person wishing to excavate, strip, or grade land shall provide the following details in their
Development Permit application:
i. The location and area of the site on which excavation, stripping, or grading will occur;
ii. The existing land use and vegetation;
iii. The type and dimensions of the excavation to take place and the anticipate effect it will have
on existing drainage patterns; and,
iv. The condition in which the excavation is to be left when the operation is complete or the final
disposition to be made of the area from which the topsoil is to be removed, including the action
which is to be taken for restoring the condition of the surface of the land to be affected in order
to prevent, control, or lessen the creation of erosion or dust from the land.
c) The Designated Officer shall consider every application for a permit to excavate, grade, or strip land
and shall not issue a Development Permit unless they are satisfied that:
i. The proposed operation complies with all municipal by-laws regulating the excavation,
stripping, and grading of land;
ii. The operation will be carried out so as to create minimum environmental disturbance which
may, at the discretion of the Designated Officer, require the applicant to provide a geotechnical
report at their own expense prepared by a certified professional engineer; and,
TOWN OF STE. ANNE ZONING BY-LAW
12
iii. The operation is one which, in the opinion of the Designated Officer, is necessary for the use
and development of the land in question.
d) The Designated Officer may require, as a condition of issuing a Development Permit to excavate,
strip, or grade land, that the applicant take precautions and follow methods as prescribed by the
Designated Officer for the prevention or control of dust and any other nuisance caused by the
proposed operation, in addition to the reclamation of land if required.
2.16
LAND DRAINAGE
a) A Development Permit shall be required to undertake any drainage works proposing to alter or divert
the natural course of a watercourse.
b) Any development proposing drainage into the provincial highway drainage system shall require
permission from Manitoba Infrastructure and any costs associated with upgrading the drainage
system in direct relation to the development shall be the sole responsibility of the developer.
c) The landowner shall establish and maintain lot grading for adequate drainage so that there will be no
free flow of water onto public sidewalks or adjacent properties, other than by means of a ditch, drain,
and/or swale, subject to approval from the Designated Officer.
d) Notwithstanding any other regulation of this By-law, the Designated Officer may refuse a
Development Permit for, or prohibit, any drainage works to be undertaken on lands where it has been
determined that such works would create an adverse effect on adjacent public or private lands or
where adjacent drains are insufficient to accommodate the added runoff.
2.17
LANDSCAPING
a) The landscaping requirements of this section shall apply to all developments types, excluding single-
unit and two-unit dwellings, in the Industrial, Commercial, Community, Residential, and Basic
Services and Utilities zoning districts, so as to enhance the Town's visual appearance.
2.17.1 Landscape Plans
a) In accordance with section 6.3, a landscape plan must be submitted as a component of a
Development Permit application for all developments, unless specifically exempted above.
b) No landscaping work shall commence until such time as the landscape plan has been approved by
the Designated Officer.
c) The landscape plan shall contain the following information for the development site and adjacent
boulevards:
i. All physical features, existing and proposed, including vegetation, water elements, berm
contours, walls, fences, outdoor furniture and fixtures, surface utilities, and paving; and,
ii. All shrubs and trees, whether existing or proposed, labelled by their common name, botanical
name, and size.
d) Applications without a landscaping plan may be considered if, at the discretion of the Designated
Officer, the proposed development is of such a nature that the required information outlined above
can be clearly demonstrated and combined with other application materials.
TOWN OF STE. ANNE ZONING BY-LAW
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2.17.2 Landscaping Requirements
a) All voluntary or required yards must contain a minimum of one deciduous or coniferous tree for each
30 feet of linear street frontage or fraction thereof, which may be clustered for visual interest. If the
site conditions are not conducive to supporting trees, each required tree may be substituted for a
minimum of three (3) shrubs, or landscaping elements that improve the appearance of the site along
the public right-of-way to the satisfaction of the Designated Officer.
b) Where an off-street outdoor parking facility is provided for thirty (30) or more vehicles, which is at-
grade and visible from an abutting site in a Residential zoning district or from a public roadway other
than a lane, there shall be landscaped space within the parking area as follows:
i. A minimum of five percent (5%) of the gross parking lot area, including aisles, driveways, and
parking stalls, must be landscaped with permeable materials.
ii. In addition to the planting requirements established in clause (a) of this subsection, one tree
must be provided for every 300 square feet of interior landscaped area.
iii. Where landscaping is required within parking islands, those parking islands must be a
minimum of 5 feet wide.
iv. Required landscaped space shall be located in multiple areas to break up large, continuous
expanses of parking and provide visual relief and greater pedestrian comfort.
c) In cases where a side or rear yard in an Industrial zoning district abuts a lot in a Residential zoning
district, any proposed development on the Industrial site must include a landscaped buffer in the
landscaping plan to reduce the impacts of noise, light, dust, and odour, in accordance with
subsection 3.6.4 and subject to the approval of the Designated Officer.
d) In cases where a proposed development will include a public park, minimum planting requirements
for such areas shall be determined by Council as a condition of the Development Agreement, which
will take into consideration the size, location, and intended use of the park.
2.17.3 Installation and Maintenance
a) The applicant shall be responsible for landscape installation and maintenance. The Designated
Officer may require, as a condition of approval or as established in a Development Agreement, that
the applicant provide an irrevocable letter of credit for the full amount of the estimated landscaping
cost. The letter of credit may be redeemed by the Town if the landscaping is not completed - in
accordance with this By-law and the approved landscaping plan - within one growing season
following the completion of the development project.
2.17.4 Planting Standards
The design and installation of planting materials in all zoning districts shall be in accordance with the
following:
a) The horticultural standards of the Canadian Nursery Landscape Association shall be used as a
reference for plant selection.
b) All plant materials located within 20 feet of a public street must be of a salt tolerant species.
c) Each required tree when planted shall be a minimum of:
i. deciduous - 2.5 inch caliper; or,
TOWN OF STE. ANNE ZONING BY-LAW
14
ii. coniferous - 6 feet in height.
d) If the applicant is unable to acquire trees that meet the standards established under clause (c)
above, an alternative standard may be approved at the discretion of the Designated Officer.
2.17.5 Preservation of Existing Trees
a) Existing healthy trees and shrubs shall be preserved and protected, unless it can be demonstrated
the vegetation must be removed to efficiently accommodate the proposed development, or if the
vegetation poses a safety hazard to members of the public.
b) An existing tree may satisfy the requirement to provide one (1) tree under subsection 2.17.2 where
the applicant demonstrates, to the satisfaction of the Designated Officer, the following:
i. one (1) existing deciduous tree with a minimum caliper of 4 inches is preserved; or
ii. one (1) existing coniferous tree with a minimum height of 8 feet is preserved.
2.18
FENCES AND SCREENING
2.18.1 General Fence Requirements
No fence shall be constructed or maintained in the Town of Ste. Anne except in accordance with the
following regulations:
a) A fence shall be permitted in a required yard or on the boundaries of a required yard, provided it
complies with all other regulations contained herein, except in the case of corner sites, for which
side yard fences along public streets must be set back at least 5 feet from the side site line.
b) Any fence height may be increased or decreased at the discretion of the Designated Officer to reflect
the grade of surrounding sites.
c) No electrically charged fences shall be permitted in any zoning district.
d) Fences in all zoning districts shall be constructed of a material that is of a quality equal to or greater
than that of surrounding developments, as determined by the Designated Officer.
e) Notwithstanding clause (d) above, temporary fences, such as snow fences or construction fences,
may be permitted for a period of time at the discretion of the Designated Officer.
2.18.2 Fences in Residential Zoning Districts
a) Fences shall not exceed a height of:
i. 3.5 feet in a required front yard; and,
ii. 6 feet in a required side or rear yard.
b) No barbed wired fences shall be permitted.
2.18.3 Fences in Non-Residential Zoning Districts
a) The maximum permitted heights of fences shall be consistent with those established for Residential
zoning districts in subsection 2.18.1 above, except in the following cases:
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i. The maximum height of a fence located on a public or private education service site, utility
service site, or public park shall be 10 feet, notwithstanding chain link fences, for which there
shall be no height limitation.
ii. The maximum height of a rear yard fence in the Commercial Highway and Industrial zoning
districts shall be 8 feet.
b) No barbed wire fences shall be permitted, except in the case of Commercial Highway and Industrial
zoning districts, where the top 2 feet of the fence can feature barbed wire for security purposes.
2.18.4 General Screening Requirements
For all proposed developments featuring outdoor parking and storage facilities, screening from a
surrounding use or public right-of-way shall be required consistent with the following regulations:
a) Any garbage collection area, open storage area, or outdoor service area that is visible from an
abutting or adjacent site in a Residential zoning district, or from a public roadway other than a lane,
shall provide an opaque fence or planting screen. The fence or planting screen shall be of a sufficient
height to substantially block the view of the area from the surrounding roadway or use, but shall not
exceed the maximum fence height permitted in the applicable zoning district.
b) Where an off-street outdoor parking facility is provided for six (6) or more vehicles, which is at-grade
and visible from an abutting or adjacent site in a Residential zoning district, or from a public roadway
other than a lane, the parking area shall include a fence, planting screen, masonry wall, or a
combination thereof. The height of the fence, planting screen, masonry wall, or combination thereof
shall be 4 feet, unless otherwise authorized by the Designated Officer.
c) The location, length, and width of any screening requirement shall be to the satisfaction of the
Designated Officer with consideration for the area being screened and the surrounding context.
d) Screening installations must be demonstrated on landscape plans as per subsection 2.17.1.
2.19
OUTDOOR LIGHTING
Outdoor lighting shall be provided in accordance with the following standards:
a) Lighting shall be low-glare in nature and located, oriented, and shielded so as to not direct light
fixtures at any adjoining properties or interfere with any traffic control devices.
b) If ground mounted, lighting shall not exceed a maximum height of 20 feet, unless otherwise
authorized by the Designated Officer.
c) If wall mounted, lighting must have fully shielded luminaries to direct all light downward.
d) These standards do not apply to:
i. Federally or Provincially regulated buildings or structures; and,
ii. Temporary lighting features for seasonal decoration, festivals, or similar events.
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2.20
CORNER VISION TRIANGLE
a) No building, structure, landscaping feature, sign, or stockpiling of materials, with the exception of
seasonal snow storage, exceeding a height of 3 feet above grade shall be located within a triangular
area of any site adjacent to an intersection of two public streets, with the sides of the triangular area
measuring a distance of 10 feet along each site line from the meeting point of the intersection.
Figure 3 - Corner Vision Triangles
2.21
SUBDIVISION OF ATTACHED UNITS AND DWELLINGS
A site featuring an existing building comprised of multiple attached units and/or dwellings may be
subdivided into two or more lots in accordance with the following regulations:
a) Any new lot line shall, where possible, be a straight line between front and rear lot lines, located in
such a manner that the party wall of two adjacent units shall form part of the new lot line. In cases
where it is not possible to form a new lot line that is straight, the location of the new lot line shall be
verified by a Manitoba Land Surveyor as part of the subdivision approval process.
b) Each lot created shall have frontage on a street, except in the case of a bare land condominium
development, where roads defined as common elements in The Condominium Act shall be
considered a street for the purpose of this section, and in accordance with subsection 3.4.7.
c) For the purpose of interpreting the requirements of the applicable zoning district, individual
condominium units shall be deemed a site, including developments featuring a party wall.
d) Each site shall adhere to the appropriate on-site parking regulations for the zoning district in which it
is located. In cases where, due to space limitations or site constraints, the required parking cannot
be provided, parking may be provided off-site pursuant to subsection 2.27.1.
e) Each site shall be subject to the applicable dimensional standards of the zoning district in which it is
located, except for the following provisions:
i. No side yard shall be required along a party wall;
ii. Minimum site width shall be 20 feet; and,
iii. Minimum site area shall be 2,000 square feet.
TOWN OF STE. ANNE ZONING BY-LAW
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2.22
MOVING OF STRUCTURES
a) No building, structure, or part thereof shall be moved to any location within the Town unless that
building, structure, or part thereof has been made to conform to the regulations of this By-law
applicable to the zoning district to which it is to be moved.
b) Prior to moving a building, structure, or part thereof to a new location, the property owner shall apply
for a Development Permit and, as a condition of the permit, enter into an agreement with the Town
containing a deposit and an undertaking of the owner to pay all damages arising from the move, in
addition to such other terms and conditions set out by the Designated Officer.
c) In the event a new building or structure is not established within one (1) year following the complete
removal of a building from a site, the old foundation shall be removed, any excavated areas shall be
filled, the lot shall be leveled, and the site shall be put in safe condition to the satisfaction of the
Designated Officer at the sole expense of the subject property owner.
2.23
FUTURE ROAD ALLOWANCES
a) No building or structure shall be erected upon land designated for a future road allowance by the
Town of Ste. Anne. Any development adjacent to said future road allowance shall comply with the
regulations of this By-law as though said future road allowance is already in existence.
2.24
PUBLIC UTILITIES
a) Nothing in this By-law shall be interpreted so as to interfere with the construction, maintenance,
and/or operation of any facilities associated with public utility services. All sites may be required to
provide an easement(s) in order to accommodate ongoing access to these facilities.
2.25
ADDRESS IDENTIFICATION
a) The owner or operator of a principle building or individual unit contained therein shall ensure the
civic number associated with said address is affixed to a wall, door, or freestanding structure and is
maintained to be clearly visible from the public right-of-way at all times. In such cases where the
building is served by a lane, the civic number shall also be affixed to a garage, accessory structure,
or portion of the principal building that is clearly visible from such lane.
2.26
SIGNS
a) The regulations of this section establish a baseline of control over erecting and maintaining signs
throughout the Town. Such control is deemed necessary to promote the safety and general well-
being of residents by reducing hazards to pedestrians, motorists, and cyclists, while also facilitating
an attractive public realm and providing for building and business identification.
2.26.1 General Regulations for Accessory Signs
The following regulations, unless otherwise stated herein, shall apply to all zoning districts:
a) Signs and sign structures shall be allowed as accessory uses to all principal uses in accordance with
the requirements of this section and the applicable yard requirements of this By-law.
TOWN OF STE. ANNE ZONING BY-LAW
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b) No person or business shall erect a sign without first obtaining a Development Permit from the
designated officer, except for those exempted by this By-law in subsection 2.26.7.
c) No sign or sign structure shall be erected, operated, used, or maintained which:
i. May interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal
or device, including rotating beams, beacons, or flashing illumination.
ii. Displays flashing lights of any kind, particularly resembling those used by police, fire,
ambulance, or other emergency vehicles.
iii. May be located or operated in such a manner to materially impede the view of any street or
highway intersection, or in such a manner as to materially impede the view of any street or
highway intersection with a rail road crossing at grade.
iv. Is located on, over, or above any public right-of-way belonging to the Town, including
boulevards and medians, unless authorized by the Designated Officer or Council.
v. Includes a swinging or swaying motion.
d) Any signs proposed to be located within a controlled area of Provincial Trunk Highway (PTH) 12
shall require a permit from the appropriate authority.
e) Any signs projecting light of any kind shall be reviewed for compatibility with surrounding uses, with
no such signs permitted within 100 feet of a Residential zoning district.
f) In cases where a proposed sign is not specified in this By-law, the sign may, as determined by the
Designated Officer, be permitted and regulated in accordance with the sign type included herein that
most closely reflects the characteristics of the unspecified sign.
2.26.2 Accessory Sign Standards in Specific Zoning Districts
a) All accessory signs must comply with the standards set out in Table 2-2 Accessory Sign Standards
for Zoning Districts, in addition to the applicable setbacks contained herein.
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Table 2-2 - Accessory Sign Standards for Zoning Districts
Zoning Districts
Sign Form A
Maximum Standards
Additional Standards
Surface Area
Height
RS-S, RS-L, RT
Freestanding
12 sq. ft.
3 ft. above grade
⋅ Maximum one sign per dwelling
unit.
⋅ Illuminated signs are not permitted.
⋅ Signs shall be a minimum of 10 feet
from any site line.
Attached
4 sq. ft.
Wall height
RM-M, RM-H,
CN
Freestanding
32 sq. ft.
6 ft.
⋅ Maximum one freestanding sign per
principal building.
⋅ Maximum one attached sign per
principal building for building
identification, plus one additional
attached sign not exceeding 4
square feet for each dwelling unit.
⋅ Illuminated signs are not permitted.
Attached
24 sq. ft.
Wall height
CC, CMU
Freestanding
32 sq. ft.
18 ft.
⋅ Maximum one freestanding sign per
principal building.
⋅ For buildings with multiple
occupants, each unit may have one
attached sign for use identification,
so long as all attached signs do not
exceed the maximum wall area.
⋅ Illuminated signs are permitted, but
restricted to business hours if
adjacent to a residential property.
Attached
20% of building
wall
Wall height
I
Freestanding
48 sq. ft.
25 ft.
⋅ Maximum standards for
freestanding signs may be reduced
by 50% if adjacent to or abutting a
residential zoning district.
⋅ Illuminated signs are permitted, but
restricted to business hours if
adjacent to a residential property.
Attached
10% of building
wall
Wall height
CH, MG
Freestanding
100 sq. ft.
35 ft.
⋅ Maximum one freestanding sign per
principal building.
⋅ For buildings with multiple
occupants, each unit may have one
attached sign for use identification,
so long as all attached signs do not
exceed the maximum wall area.
⋅ Illuminated signs are permitted.
Attached
25% of building
wall
Wall height
PR, AL
Freestanding
32 sq. ft.
18 ft.
⋅ The number of freestanding signs
per zoning site in the PR zoning
district shall be determined by
Council, while the AL zoning district
shall be limited to one freestanding
sign per zoning site.
⋅ Illuminated signs are permitted, but
restricted to business hours if
adjacent to a residential property.
Attached
10% of building
wall
Wall height
A Accessory Attached and Freestanding sign forms do not include billboard advertising signs.
TOWN OF STE. ANNE ZONING BY-LAW
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2.26.3 Portable Signs
All portable signs are subject to the following provisions:
a) Portable signs shall only be permitted in the Commercial, Mixed-Use, and Industrial use class areas,
subject to the issuance of a Development Permit.
b) Portable signs shall comply with the yard requirements of the zoning district within which it is
located.
c) The maximum sign surface for a portable sign shall be 50 square feet and the maximum height shall
be 10 feet.
d) Flashing portable signs shall not be permitted in any zoning district.
e) Portable signs shall only be established on a temporary basis and shall be subject to such terms and
conditions as determined by the Designated Officer. Each permit issued for a portable sign shall be
valid for a period specified by the Designated Officer, up to six (6) months in duration, after which
renewal will be required at the discretion of the Designated Officer.
f) No property owner may erect more than one (1) portable sign per use on a zoning site. The
maximum number of portable signs on any zoning site shall not exceed two (2) at any one time,
regardless of the number of uses present on that zoning site.
g) Portable signs located on adjacent properties must be separated from each other by a distance of at
least 30 feet as measured along the applicable site line, or at a distance deemed suitable by the
Designated Officer to prevent visual clutter and maintain community character.
2.26.4 Roof Signs
All roof signs are subject to the following provisions:
a) Roof signs shall only be permitted on mansard style roofs, attached to the sloping portions of the
roof, but not extending beyond the parapet height or onto the horizontal portion of the roof.
b) Freestanding signs on flat style roofs shall not be permitted.
c) Roof signs shall not be permitted in addition to fascia signs, but rather, as an alternative of.
2.26.5 Digital Signs
All digital signs are subject to the following provisions:
i. Digital signs shall only be permitted as a conditional use, with the size, orientation, copy design, and
brightness subject to terms and conditions resulting therefrom.
ii. Digital signs are not permitted in any Residential zoning district.
iii. No owner or person responsible for a digital sign may operate it on a zoning site adjacent to a
residential property, or on a wall that projects light onto a residential property in any manner.
2.26.6 Abandoned and Unlawful Signs
a) All signs and sign structures shall be maintained in a state of good repair, as determined by the
Designated Officer. Signs that have become obsolete because of a business or activity being
TOWN OF STE. ANNE ZONING BY-LAW
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discontinued, and have not been removed or relocated within thirty (30) days following such
condition, may be designated as abandoned and removed by the Town at the owner's expense.
b) In cases where a sign contravenes the regulations established in this By-law, the Designated Officer
may, by notice in writing, order the owner or person responsible for the contravening sign to take
such measures as specified in the notice to alter the sign so that it conforms to this By-law, or to
remove the sign from the subject site.
2.26.7 Signs Not Requiring a Development Permit
The following signs shall not require a Development Permit:
a) Signs posed by duly constituted public authorities in the performance of their public duties, such as
official public notices.
b) Memorial signs or tablets and flags or emblems of a political, civic, educational, or religious
organization.
c) Temporary signs, as defined herein, not exceeding 10 square feet in sign surface area and not
posted for a period longer than two (2) months. Larger temporary signs may be authorized at the
discretion of the Designated Officer, subject to their review of supporting materials.
d) "No Trespassing", "Private Property", or similar signs not exceeding 4 square feet in surface area.
e) Construction signs not exceeding 25 square feet in sign surface area when placed on construction
sites or attached to a site fence on a temporary basis.
f) Signs required for direction and convenience of the public not exceed 8 square feet in sign surface
area, including signs identifying restrooms or building entrances / exits.
g) Awning signs with signage originally incorporated in the design or awning material.
h) Window signs, except where the sign occupies more than twenty-five percent (25%) of the total
window surface area, in which case it will be regulated as a fascia sign; window signs occupying
more than fifty percent (50%) of the total the window surface area shall not be permitted, unless
otherwise provided for herein.
i) On-site identification signage indicating the address or name of occupant not exceeding 4 square
feet in sign surface area.
2.26.8 Determining Sign Surface Area
a) If attached, sign surface area includes the entire area of the smallest rectangle(s) that encloses the
extreme limits of any writing, representation or emblem forming part of the display copy, together
with any material or colour forming an integral part of the display background that is used to
differentiate the sign from the wall or surface to which it is affixed.
b) If freestanding, sign surface area includes the entire area of the smallest rectangle(s) that encloses
the extreme limits of any writing, representation or emblem forming part of the display copy,
together with its ornamental shell or frame and supporting structure or base. The supporting
structure or base may be excluded from the sign surface area calculation if:
TOWN OF STE. ANNE ZONING BY-LAW
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i. It is less than 2 feet in height; and/or,
ii. It is less than 1.5 feet in width.
c) When calculating the area of a wall upon which a sign may be attached, it shall be determined by
multiplying the length of the building or individual unit by the height of the building or individual unit.
In cases where the building is more than three (3) storeys in height, only the first three (3) storeys of
the building may be used for the purpose of the area calculation.
d) In cases where a sign has two or more faces, the area of all faces shall be included in determining
the area of the sign, except when two such faces are placed back-to-back and are at no point more
than 2 feet from one another.
e) In cases where the surface area of a sign, due to an irregular shape or design, cannot be determined,
it shall be at the discretion of the Designated Officer as to how it will be measured.
2.27
PARKING AND LOADING
a) When any new development is proposed, including a change of use of an existing development, or
when an existing development is enlarged or increased in capacity, off-street vehicular parking shall
be provided in accordance with the regulations contained in this section.
2.27.1 General Regulations for Off-Street Parking
a) The minimum number of parking spaces provided for each use shall be in accordance with Table 2-3
Accessory Off-Street Parking.
b) Where a proposed use is not listed in Table 2-3, the parking requirement shall be determined by the
Designated Officer.
c) Accessory off-street parking stalls and aisles shall be designed and constructed in accordance with
Table 2-4 Parking Stall and Aisle Dimensions.
d) Where an off-street parking facility is provided for six (6) or more vehicles, which is at-grade and
visible from an abutting or adjacent site in a Residential zoning district, or from a public roadway
other than a lane, the parking area shall provide screening in accordance with subsection 2.18.4.
e) Where the parking space requirement is determined by the floor area of the use, this shall refer to
the gross floor area of the principal building, excluding:
i. Any area used for parking within the principal building; or,
ii. Any area used for incidental service storage, mechanical equipment, or similar uses.
f) Where the parking space requirement is determined by reference to a unit such as number of
bedrooms or seats, or the size of a building floor area, and the calculation results in a fractional
number, the resulting fractional portion shall be rounded down to the nearest whole number.
g) In the case of a multiple use site, the Designated Officer shall calculate the parking required for each
individual use and the total shall be deemed the required parking for the site, unless the applicant
can demonstrate through a parking demand study, to the satisfaction of the Designated Officer, that
there is a complementary use of the parking facilities that would warrant a reduction of parking
requirements.
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h) In the case of a multiple use building, floor area shall not be counted more than once for the purpose
of determining parking requirements for all uses served.
i) All accessory off-street parking spaces shall be located on the same site as the use served unless,
subject to the approval of the Designated Officer, the following conditions are met:
i. An agreement to provide the shared parking arrangement on an ongoing basis is in place.
ii. Such spaces are located no further than 400 feet from the site of the principal use.
j) Off-street parking facilities may be open to the sky or enclosed within a structure.
k) Accessory off-street parking, where required, shall not be occupied by portable signs.
l) Entrance and egress to an accessory off-street parking area must be provided by means of an
unobstructed driveway, designed and constructed in accordance with subsection 2.27.3, having
access to a street or, where permitted, to a public lane.
m) Portions of vehicular driveways providing access or egress to an off-street parking area located
within the public right-of-way shall be subject to other applicable municipal by-laws of the Town.
2.27.2 Minimum Off-Street Parking Requirements
a) Accessory off-street spaces shall be provided in accordance with the following:
TOWN OF STE. ANNE ZONING BY-LAW
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Table 2-3 - Accessory Off-Street Parking Requirements
Use Class and Type
Minimum Parking Spaces Required
Residential and Residential Related
Dwelling Unit as Part of a Commercial Development
1 space per dwelling unit.
Bed and Breakfast
1 space per dwelling unit, plus:
1 space per sleeping accommodation.
Group Home
1 space per 4 beds or dwelling units.
Live-Work Unit
1 space per dwelling unit, plus:
required spaces for work component.
Multiple-Unit Dwelling
-
Bachelor, One-Bedroom, and Two-Bedroom
-
Three-Bedroom +
1 visitor space for every 10 occupant spaces, plus:
1 space per dwelling unit.
1.5 spaces per dwelling unit.
Row Housing
1 space per dwelling unit.
Single-Unit Dwelling
1 space per dwelling unit.
Two-Unit Dwelling
1 space per dwelling unit.
Commercial
Hotel or Motel
1 space per guest room or sleeping unit.
Restaurants and Drinking Establishments
1 space per 4 seats, or 1 for every 200 sq. ft. of floor
area, whichever is greater.
Professional, Financial, or Office Services
1 space per 400 sq. ft. of floor area.
Warehouse Sales
1 space per 1,000 sq. ft. of floor area
All Other Commercial Uses
1 space per 500 sq. ft. of floor area.
Cultural and Entertainment
Library, Museum, Art Gallery, Amusement and
Entertainment Establishments
1 space per 5 seating spaces.
Private Club, Casino or Gaming Establishment, Media or
Performing Arts Studio
1 space per 100 sq. ft. of floor area.
Community and Institutional
Childcare, Health, Education Support and Social Services
1 space per 2 employees on shift.
Institutional Residence
1 space per 4 beds or dwelling units.
Primary and Secondary Schools
1 space per classroom, plus one space for every 10
grade 12 classroom seats.
Recreation Facility, Religious Assembly, Community
Centre, Funeral Services, General Community Service
1 space per 5 seating spaces or 10 ft. of bench space;
Where there are no fixed seats, 1 space per 100 sq. ft. of
assembly area.
Research Institutions, Colleges and Trade Schools
1 space for every 5 classroom seats, or 1 space per 500
sq. ft. of floor area, whichever is greater.
Industrial
General
1 space per 1,000 sq. ft. of floor area.
Basic Service and Utility
Government and Protective and Emergency Services
1 space per 500 sq. ft. of floor area.
Hospital
2 spaces per bed
TOWN OF STE. ANNE ZONING BY-LAW
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2.27.3 Design and Dimensions of Driveways, Aisles, and Spaces
a) Accessory off-street parking areas, including parking spaces and aisles, shall be surfaced with
concrete, asphalt, or a similar all-weather material approved by the Designated Officer, as to prevent
the rising of dust or similar loose particles, and must be designed in such a manner as to prevent the
free flow of water onto adjacent properties or public sidewalks.
b) Driveways in the RS-S, RS-L, and RT zoning districts shall meet the following standards:
i. Minimum 10 feet in width.
ii. Maximum 26 feet in width, or forty-five percent (45%) of the site frontage measured along the
street, whichever is the lesser.
iii. Minimum of 23 feet in length, as to ensure parked vehicles do not encroach on the sidewalk or
the public right-of-way.
iv. Surfaced with concrete, asphalt, paving stones, or a similar all-weather material approved by
the Designated Officer.
c) Driveways in all zoning districts not listed in clause (b) above shall meet the following standards:
i. Minimum 12 feet in width for one-way use and 24 feet in width for two-way use.
ii. Maximum 20 feet in width for one-way use and 35 feet in width for two-way use.
iii. Surfaced with concrete, asphalt, paving stones, or a similar all-weather material approved by
the Designated Officer.
d) All required parking spaces shall be located at the rear or side of the principal building or use
whenever possible.
e) Design of parking areas and access aisles must take into consideration service vehicle access, snow
storage capability, sight lines from adjacent sites, accessibility, and pedestrian circulation routes,
limiting the number of intersecting points with sidewalks.
f) Off-street parking areas shall comply with all landscaping and lighting standards of this By-law.
g) The parking space and aisle dimensions shall be in accordance with Table 2-4 below:
Table 2-4 - Parking Space and Aisle Dimensions
Angle
of Parking
Reference
Illustration
Minimum Space Dimensions
Minimum Aisle Dimensions
Space Width
Space Depth
One-Way
Two-Way
Parallel
A
9 ft.
20 ft.
12 ft.
20 ft.
75 - 90o
B
9 ft.
18 ft.
18 ft.
24 ft.
50 - 74o
C
8.5 ft.
18 ft.
12 ft.
24 ft.
49o or less
D
8.5 ft.
18 ft.
12 ft.
20 ft.
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Figure 4 - Standard Parking Space and Aisle Dimensions
2.27.4 Accessible Parking Spaces
a) All accessible parking spaces must be a minimum of 10 feet in width, plus a 5 feet wide adjacent
access aisle, and a minimum of 20 feet in length. Two such adjacent stalls may be served by the
same access aisle.
Figure 5 - Accessible Parking Space Dimensions
b) All accessible parking spaces must be located within 200 feet of a major building entrance used by
residents, employees, or the public.
c) All accessible parking spaces must provide signage or adequate representation to ensure the space
is reserved for persons with mobility issues.
d) All accessible spaces must be accompanied by an accessible route to a principal entrance, ensuring
a curb ramp is provided not more than 100 feet from the parking space, which must connect to a
hard surface sidewalk or walkway that is a minimum width of 3.25 feet.
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e) The portion of required off-street parking spaces that must be accessible for any new development,
exclusive of single-unit dwellings and two-unit dwellings, is as follows:
Table 2-5 - Accessible Parking Space Requirements
Number of On-Site Standard Parking Spaces
Minimum Number of Accessible Parking Spaces
1 - 25
1
26 - 50
2
51 - 75
4
76 - 100
6
101 - 200
8
201 and above
10 plus 1 for every 50 additional spaces
2.27.5 Bicycle Parking
a) Bicycle parking facilities shall be required for all Community and Institutional and Cultural and
Entertainment Use Class developments, with a minimum of one (1) lockable bicycle space provided
for every five (5) off-street automobile parking spaces required under this By-law.
b) Additional bicycle spaces may be required, as determined by Council or the Designated Officer, with
consideration for the nature and capacity of the proposed development.
2.27.6 Off-Street Loading Spaces
When any new development is proposed, including a change of use or when an existing development is
enlarged or increased in capacity, then off-street vehicular loading spaces shall be provided in
accordance with the regulations contained in this section of the By-law as follows:
a) Where a proposed use is not listed in Table 2-6 Accessory Off-Street Loading, the provision of a
loading space shall not be required, subject to the approval of the Designated Officer.
b) Loading spaces shall not be permitted in any required front yard or side yard unless otherwise
provided for herein, but shall be located with convenient access to a principal building entrance.
c) In no case shall the length of the loading space be such that a vehicle, while occupying the space,
projects into any street, lane, or public right-of-way.
d) All loading spaces shall have access to a public street or lane.
e) Accessory off-street loading areas shall be surfaced with concrete, asphalt, or a similar all-weather
material approved by the Designated Officer, as to prevent the rising of dust or similar loose
particles, and must be designed in such a manner as to prevent the free flow of water onto adjacent
properties or the public right-of-way.
f) Off-street loading spaces may be open to the sky or enclosed within a structure.
g) All off-street loading spaces shall be located on the same zoning site as the use being served.
h) Portions of vehicular driveways providing access and egress to an off-street loading area located
within the public right-of-way shall be subject to the Town's municipal by-laws.
i) The dimensions of each required off-street loading space shall be:
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i. Minimum 12 feet in width and 33 feet in depth.
ii. Minimum 14 feet in vertical clearance.
j) The minimum number of loading spaces provided for each use shall be as follows:
Table 2-6 - Accessory Off-Street Loading
Use Class and Type
Floor Area
Minimum Required Loading Spaces
Commercial or Industrial Use
Class Developments
(excluding Professional,
Financial, and Office
Services)
Less than 5,000 sq. ft.
0
Between 5,001 and 15,000 sq. ft.
1
Each additional 20,000 sq. ft. or fraction
thereof
1 additional
Cultural/Entertainment and
Community/Institutional Use
Class Developments, and
Professional, Financial, and
Office Services
Less than 7,500 sq. ft.
0
Between 7,501 and 20,000 sq. ft.
1
Each additional 20,000 sq. ft. or fraction
thereof
1 additional
Hospitals
Less than 15,000 sq. ft.
1
Each additional 20,000 sq. ft. or fraction
thereof
1 additional
Uses not classified above
but primarily concerned with
the handling of goods
Less than or equal to 7,500 sq. ft.
1
Greater than 7,500 sq. ft.
Determined by Designated Officer
2.28
OUTDOOR STORAGE
When permitted in association with any approved use, outdoor storage of vehicles, equipment,
machinery, waste, etc. in all zoning districts shall be subject to the following requirements:
a) No yard, required or otherwise, shall be used for the storage or collection of hazardous materials.
b) Unless otherwise specified in this By-law, garbage and waste material shall be stored in
weatherproof and animal-proof containers, and shall be visually screened from all adjacent sites or
public roadways other than lanes, consistent with subsection 2.18.4.
c) The landowner shall provide adequate space in a required yard for snow storage, as to prevent the
use of municipal or adjacent properties for such purposes, subject to approval from the Designated
Officer.
d) Any new development may, at the discretion of Council or the Designated Officer, be subject to
additional standards regarding the location and screening of outdoor storage areas.
2.28.1 Outdoor Storage in Residential Zoning Districts
a) No outdoor storage shall be located in a front yard.
b) No person may store a vehicle outdoors within any yard of a property except for a driveway.
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c) Outdoor storage shall be permitted in a side or rear yard only when accessory and incidental to the
principal residential use.
2.28.2 Outdoor Storage in Non-Residential Zoning Districts
a) No outdoor storage shall be located in the front yard except for:
i. Items arranged in an organized fashion, to the satisfaction of the Designated Officer, for sale or
rental.
ii. Materials associated with an approved storage yard shall be required to provide suitable
screening measures, consistent with subsection 2.18.4, subject to Council approval.
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PART 3 ZONING DISTRICTS
3.1
ESTABLISHMENT OF ZONING DISTRICTS
a) Land use in the Town shall be regulated in accordance with the following zoning districts:
Table 3-1 - Zoning Districts Established
Zone Type
Zone Name
Zone Code
Residential
Residential Single-Family Small
RS-S
Residential Single-Family Large
RS-L
Residential Two-Family
RT
Residential Multiple-Family Medium Density
RM-M
Residential Multiple-Family High Density
RM-H
Commercial
Commercial Central
CC
Commercial Neighbourhood
CN
Commercial Mixed-Use
CMU
Commercial Highway
CH
Industrial
Industrial General
MG
Community
Parks and Recreation
PR
Open Space
OS
Institutional
I
Agricultural
Agriculture Limited
AL
3.1.1
Zoning District Boundaries
The zoning districts established above in Table 3.1 shall apply in accordance with the Zoning Map,
which forms PART 8 of this By-law, and are subject to the following rules of interpretation:
a) Boundaries indicated as approximately following the centre-lines of streets, lanes, highways, rivers,
or railway or public utility lines or rights-of-way shall follow such lines;
b) Boundaries indicated as approximately following parcel limits shown on a registered plan or by
reference to the Dominion Government Survey shall follow such limits; and,
c) Boundaries indicated as following municipal limits shall be construed as following those limits.
d) Boundaries indicated as approximately following a topographic contour line or a top-of-bank line
shall be deemed to follow such line and, in the event there is a change to the location of that line, the
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boundary shall be deemed to have moved with the line, as determined by the Designated Officer. The
applicant may appeal the Designated Officer's interpretation of the boundary location, in which case
Council shall make the final determination.
e) Where a single site or lot is split into more than one zoning district, each portion of the site or lot
shall be developed and used in accordance with the provisions of the applicable zoning district.
3.2
PERMITTED AND CONDITIONAL USES
3.2.1
Use Tables
a) The permitted and conditional uses prescribed for parcels within each zoning district shall be
consistent with those established in the Use Table under the applicable section. Permitted uses are
indicated on this table with the letter P. Conditional uses are indicated on this table with the letter C.
Where a use is not listed and is not similar to a permitted or conditional principal use, or a permitted
or conditional accessory use, as determined by the Designated Officer, the use shall not be allowed
in the zone.
3.2.2
Use Class Categories
a) Land use types in this By-law are categorized into "Use Classes" based on common functional or
physical characteristics. Use Classes organize a range of uses that are permitted, conditional, or
accessory within different zoning districts in the Town. The types of uses listed under each use
class are not exhaustive and do not represent every use that may exist within the category.
Use Classes include:
Residential and Residential-Related Use Class
Consists of uses associated with housing accommodations, including various types of dwelling
units and living arrangements, such as group homes, boarding houses, and live-work units.
Commercial Use Class
Consists of uses associated with the sale, lease, and/or rental of new and used goods, as well as the
provision of personal, hospitality, or professional services, including associated offices.
Cultural and Entertainment Use Class
Consists of uses associated with the viewing and/or creation of cultural and artistic materials, as
well as facilities used for social activities, including entertainment and amusement venues.
Community and Institutional Use Class
Consists of uses associated with public assembly, education, recreation, and worship, as well as
uses serving more specialized community needs, such as social, health, and veterinary services.
Private Motor Vehicle Use Class
Consists of uses associated with the repair, storage or movement of private motor vehicles, as well
as vehicle service stations, drive-through establishments, and non-accessory parking areas.
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Basic Service and Utilities Use Class
Consists of uses associated with serving basic public needs, such as government, emergency and
protective services, as well as utilities providing water, wastewater, gas, and power services.
Industrial Use Class
Consists of uses associated with the manufacturing, processing, and production of goods, as well
as warehousing, freight movement, waste handling, and other industrial related services.
Agricultural Use Class
Consists of uses associated with farming, including the planting, cultivating, and harvesting of crops,
as well as associated storage, wholesale services, and machinery and equipment repair.
3.2.3
Use Specific Standards
a) As indicated in the Use Tables, permitted and conditional uses, whether principal or accessory, may
be subject to the use specific standards established in Part 4 of this Zoning By-law. If a use specific
standard does apply, a reference to the applicable section is provided in the Use Tables.
3.3
DIMENSIONAL STANDARDS
3.3.1
Dimensional Standards Tables
a) 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 regulations
described in the applicable Dimensional Standards Table, unless otherwise specified herein.
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3.4
RESIDENTIAL ZONING DISTRICTS
3.4.1
Intent
Residential Single-Family Small (RS-S) -Provides primarily for smaller single-unit detached dwellings
and compatible or associated uses to allow for a greater variety of housing sizes.
Residential Single-Family Large (RS-L) -Provides primarily for larger single-unit detached dwellings
and compatible or associated uses in lower density neighbourhoods.
Residential Two-Family (RT) -Provides for the development of two-unit dwellings, including semi-
detached dwellings and duplexes, as well as compatible or associated uses in lower density areas.
Residential Multiple-Family Medium Density (RM-M) - Provides for various types of multiple-unit
residential developments of a more moderate density and compatible or associated uses.
Residential Multiple-Family High Density (RM-H) - Provides for various types of higher density
multiple-unit residential developments in appropriate areas and compatible or associated uses.
3.4.2
Land Use
a) No new use or expansion of an existing use in any Residential zoning district may be established
except in conformity with Table 3-2 Residential District Uses.
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Table 3-2 - Residential District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
* = Use Specific Standard Applies
Residential Zoning Districts
Use Class and Type
RS-S
RS-L
RT
RM-M
RM-H
Use Specific Standard
Principal Uses
Residential and Residential Related
Boarding House
C
C
-
-
-
Group Home
C
C
C
C
C
Multiple-Unit Dwelling
-
-
C*
P*
P*
Section 4.7
Planned Unit Development
C*
C*
C*
C*
C*
Section 4.8
Row Housing
C
C
C
P
P
Single-Unit Dwelling
P
P
C
C
C
Two-Unit Dwelling
C
C
P
P
P
Cultural and Entertainment
Library / Museum / Gallery
C
C
C
C
C
Community and Institutional
Community Centre
C
C
C
C
C
Community Garden
P
P
P
P
P
Institutional Residence
C
C
C
P
P
Public Park / Playground
P
P
P
P
P
Religious Assembly
C*
C*
C*
C*
C*
Section 4.10
School, Primary / Secondary
C
C
C
C
C
Basic Service and Utility
Public Utility Services
P*
P*
P*
P*
P*
Section 4.20
Accessory Uses
Bed and Breakfast
C*
C*
-
-
-
Section 4.13
Garden Suite
-
C*
-
-
-
Section 4.3
Home-Based Business
P*
P*
P*
P*
P*
Section 4.2
Home-Based Daycare
P
P
P
C
C
Home-Based Industry
-
C*
-
-
-
Section 4.6
Private Swimming Pool
P*
P*
P*
P*
P*
Section 4.9
Secondary Suite
C*
C*
-
-
-
Section 4.4
Solar Collector
P*
P*
P*
P*
P*
Section 4.14
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3.4.3
Dimensional Standards
a) No person shall erect a building or structure in any Residential zoning district unless the building or
structure complies with Table 3-3 Residential District Dimensional Standards, in addition to other
applicable regulations contained in this By-law, except by an approved variance order.
Table 3-3 - Residential District Dimensional Standards
Zoning
District
Site
Yards
Form
Minimum
Site Area
(sq. ft.)
Minimum
Site Area Per
Dwelling Unit
(sq. ft.)
Minimum
Site Width
(ft.)
Minimum
Front
Yard (ft.)
Minimum
Side Yard
(ft.)
Minimum
Corner
Side Yard
(ft.)
Minimum
Rear Yard
(ft.)
Minimum
Dwelling
Unit Area
(sq. ft.)
Maximum
Building
Height
(ft.)
Maximum
Site
Coverage
(%)
Permitted / Conditional Uses
RS-S
4,500
-
45
25
5/10 A
10
25
750
40
45
RS-L
6,000
-
60
30
5/10 A
10
25
800
40
40
RT
5,000
2,500
50
25
5/10 A
10
25
750
40
50
RM-M
7,500
1,250
75
25
10 B
15
25
600
40
60
RM-H
7,500
750
75
25
10 B
15
25
600
40
60
Accessory Buildings / Structures
RT, RS-S,
RS-L
-
-
-
-
2
10
2
-
20
30 C
RM-M,
RM-H
-
-
-
-
2
15
2
-
20
15 D
Notes
A Where a garage is attached to the dwelling, both side yards may be a minimum of 5 feet (unless it is a corner side yard), but when a garage is not
attached to the dwelling and not served by a lane, one (1) side yard must be a minimum of 10 feet to allow for vehicular access to the rear yard.
B When abutting a RS-S, RS-L, or RT zoning district, the applicable side yard shall be 10 feet or half the principal building height, whichever is
greater.
C The maximum floor area of any single detached accessory building / structure in the RT, RS-S, and RS-L zoning districts shall be 800 square feet.
D The maximum floor area of any single detached accessory building / structure in the RM-M and RM-H zoning districts shall be 600 square feet.
3.4.4
Additional Design Standards in Residential Zoning Districts
a) For any development proposed in a Residential zoning district, the proponent shall, as far as is
reasonably practicable, demonstrate to the satisfaction of Council or the Designated Officer that the
building design, exterior finishing materials, and construction methods will be of a standard that is
consistent with, or better than, the standard of existing development surrounding the site.
3.4.5
Additional Development Standards in Residential Zoning Districts
a) Excluding reverse corner sites, where a new single-unit or two-unit dwelling or an addition to an
existing dwelling is proposed on a street block where at least eighty percent (80%) of the sites have
been developed with principal residential buildings, and the front yard setbacks of those buildings
are not consistent with the regulations of this By-law, the required front yard for the proposed
building shall be consistent with the average of all existing front yards on that block.
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b) Cultural and Entertainment and Community and Institutional Use Class developments in all
Residential zoning districts, excluding community gardens and public parks / playgrounds, shall be
subject to the dimensional standards established for the Institutional zoning district.
3.4.6
Additional Standards for Bareland Condominium Developments in Residential Zoning Districts
a) Each bareland unit, as defined in The Condominium Act, which is delineated by horizontal land
boundaries, shall be considered a zoning site under this By-law for the purposes of determining the
applicable dimensional standards.
b) Dwelling units on multiple zoning sites within bareland condominium developments may share
access to a public road by way of a street defined as a common element in The Condominium Act,
provided the following conditions are met:
i. The minimum width of the street must be 20 feet;
ii. The street must be surfaced with concrete, asphalt, paving stones, or some combination of
those materials, as to prevent the rising of dust or similar loose particles;
iii. The street shall be designed to accommodate the turning radius of emergency vehicles;
iv. The private driveways providing access from the dwellings to the street must be designed,
constructed, and maintained in accordance with subsection 2.27.3; and,
v. The maintenance and repair of the street shall be the responsibility of the owner, unless the
street is constructed to the Town's municipal standards, and the Town accepts responsibility
for maintenance and repair during the development approval process.
3.4.7
Standards for Conditional Uses
a) Council will consider conditional use applications in the Residential zoning districts with respect to
the intent, uses, and development standards of this By-law, in addition to the following:
i. The conditional use application evaluation criteria in subsection 6.4.2;
ii. Any relevant General Regulations in PART 2; and,
iii. Any relevant regulations for Specific Uses in PART 4.
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3.5
COMMERCIAL ZONING DISTRICTS
3.5.1
Intent
Commercial Central (CC) - Provides for a wide range of local scale, low intensity commercial uses and
development types in the Town Centre, with a built form supporting an attractive public realm.
Commercial Neighbourhood (CN) - Accommodates small scale commercial uses within or abutting
Residential zoning districts in existing and emerging neighbourhoods, which provide goods and
services to satisfy the daily household or personal needs of community members.
Commercial Mixed-Use (CMU) - Provides for development types featuring a mixture of uses along
major Town Corridors and in the Town Centre, with uses of a public nature primarily located at grade
and uses of a more private nature, such as residences or offices, located on upper levels.
Commercial Highway (CH) - Accommodates commercial developments serving a regional population
or requiring a larger site, located outside of the Town Centre along major roadways.
3.5.2
Land Use
a) No new use or expansion of an existing use in a Commercial zoning district may be established
except in conformity with Table 3-4 Commercial District Uses.
TOWN OF STE. ANNE ZONING BY-LAW
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Table 3-4 - Commercial District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
* = Use Specific Standard Applies
Commercial Zoning Districts
Use Class and Type
CC
CN
CMU
CH
Use Specific Standard
Principal Uses
Residential and Residential Related
Live-Work Unit
C*
C*
C*
-
Section 4.5
Multiple-Unit Dwelling
C*
-
P*
-
Section 4.7
Planned Unit Development
C*
-
C*
C*
Section 4.8
Commercial
Auction Establishment
-
-
-
C
Automotive / Recreational Vehicle Sales and Rentals
-
-
C
P
Business Support Services
P
-
C
P
Cannabis Retail Store
C*
-
C*
C*
Section 4.16
Eating / Drinking Establishment
P*
C*
P*
C*
Section 4.15
Greenhouse / Plant Nurseries
-
-
-
P
Hotel / Motel
C
-
C
P
Market
P
-
P
P
Pawn Shop / Payday Loan Services
C
-
C
C
Personal Services
P
P
P
P
Pet Grooming Establishment
P
C
C
P
Professional, Financial, and Office Services
P
P
P
P
Retail Store, Convenience
-
P
P
-
Retail Store, General
P
-
P
P
Sign, Billboard Advertising
-
-
-
C*
Section 4.18
Studio, Fitness / Wellness
P
-
P
P
Warehouse Sales Facility
-
-
-
P
Cultural and Entertainment
Amusement Establishment, Indoor
P
-
C
P
Amusement Establishment, Outdoor
C
-
C
P
Casino / Gaming Establishment
C
-
C
C
Entertainment Establishment, Indoor
P
-
C
P
Entertainment Establishment, Outdoor
C
-
-
P
Library / Museum / Gallery
P
P
P
-
Private Club
C
-
C
C
Studio, Media
P
-
C
P
Studio, Performing Arts
P
C
C
P
Community and Institutional
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Childcare Services
P
P
P
-
Community Centre
P
-
-
P
Education Support Services
P
C
P
-
Funeral Services
-
-
-
C
Health Services
P
-
C
P
Institutional Residence
C
-
C
-
Public Park / Playground
P
P
P
C
Recreation Facility, Indoor
C
-
-
P
Recreation Facility, Outdoor
-
-
C
C
Religious Assembly
C*
-
-
P*
Section 4.10
Research Institution
C
-
-
C
School, College / Trade
C
-
-
P
Social Services Facility
P
-
C
P
Veterinary Clinic / Animal Shelter
C
-
-
P
Private Motor Vehicle
Automotive and Equipment Repair Services
-
-
-
P
Car Wash
C*
-
-
P*
Section 4.11
Fuel Sales
C*
-
-
P*
Section 4.12
Rapid Vehicle Service Establishment
-
-
-
C*
Section 4.11
Service Station
-
-
-
P*
Section 4.12
Trucking Operation
-
-
-
P
Basic Service and Utility
Government Services
P
-
C
P
Hospital
C
-
-
C
Protective / Emergency Services
P
-
-
P
Public Utility Services
P*
P*
P*
P*
Section 4.20
Industrial
Agricultural Implement Sales / Services
-
-
-
C
Contractor Services
-
-
-
P
Heavy Equipment Sales / Rentals
-
-
-
C
Manufacturing Establishment, Light
-
-
-
C
Micro-Brewery / Distillery / Winery
C
-
-
P
Transport Terminal / Freight Yard
-
-
-
C
Warehouse Self-Storage Facility
-
-
-
C
Accessory Uses
Drive-Through Facilities
C*
-
C*
P*
Section 4.11
Home-Based Business
-
-
P*
-
Section 4.2
Farmers' Market
P
-
C
P
Shipping Container
-
-
-
C*
Section 4.17
Solar Collector
P*
P*
P*
P*
Section 4.14
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3.5.3
Dimensional Standards
a) No person shall erect a building or structure in any Commercial zoning district unless the building or
structure complies with Table 3-5 Commercial District Dimensional Standards, in addition to other
applicable regulations of this By-law, except by an approved variance order.
Table 3-5 - Commercial District Dimensional Standards
Zoning
District
Site
Yards
Form
Minimum
Site Area
(sq. ft.)
Minimum
Site Width
(ft.)
Minimum
Front Yard
(ft.)
Minimum
Side Yard
(ft.)
Minimum
Corner
Side Yard
(ft.)
Minimum
Rear Yard
(ft.)
Maximum
Building
Height
(ft.)
Maximum
Site
Coverage
(%)
Permitted / Conditional Uses
CC
2,500
25
0
0 A
5
10
40
80
CN
2,500
25
20
10
15
20
40
60
CMU
5,000
50
0/5 B
10
10
20
40
60
CH
10,000
100
25
10
15
25
40
60
Accessory Buildings / Structures
CC
-
-
-
0
5
2
20
10
CN
-
-
-
2
10
5
20
15
CMU, CH
-
-
-
10
15
5
20
15 C
Notes
A Minimum side yard requirement shall be increased from 0 to 10 feet if the proposed development is located adjacent to a
RS-S, RS-L, or RT zoning district.
B Where a development in the CMU zoning district does not include a residential use, the minimum front yard shall be 0 feet,
but when a residential use is included, the minimum front yard shall be 5 feet.
C The maximum floor area of any single detached accessory building / structure in the CH zoning district shall be 1,000
square feet.
3.5.4
Additional Development Standards in the CC Zoning District
a) For any new development proposed in the CC zoning district, Council shall:
i. Ensure the design, exterior finishing materials, and siting of all principal buildings makes a
positive contribution to the established character and aesthetic of the Town Centre.
ii. Require principal buildings to activate frontage along the public right-of-way by including
landscaping elements, urban furnishings, windows, and/or other permeable features.
iii. Ensure principal entrances, public uses, and accessory signs are easily identifiable and visible
from the public right-of-way.
b) For sites fronting on Central Avenue and Dawson Road, off-street parking requirements for
Commercial Use Class developments shall be reduced in accordance with the number of eligible on-
street parking spaces located immediately adjacent to the site, meaning one (1) required parking
space shall be satisfied by every 25 feet of linear street frontage.
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c) Vehicular access to sites in the CC zoning district should, wherever possible, be provided from side
streets or rear lanes to reduce the need for pedestrians to cross parking aisles and limit the number
of access points along Centrale Avenue.
3.5.5
Standards for Conditional Uses
a) Council will consider conditional use applications in the Commercial zoning districts with respect to
the intent, uses, and development standards of this By-law, in addition to the following:
i. The conditional use application evaluation criteria in subsection 6.4.2;
ii. Any relevant General Regulations in PART 2; and,
iii. Any relevant regulations for Specific Uses in PART 4.
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3.6
INDUSTRIAL ZONING DISTRICT
3.6.1
Intent
Industrial General (MG) - Provides for a range of industrial uses, primarily of a lower intensity, as to
reduce the potential for creating undue nuisances to nearby commercial and residential uses.
3.6.2
Land Use
a) No new use or expansion of an existing use in any Industrial zoning district may be established
except in conformity with Table 3-6 Industrial District Uses.
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Table 3-6 - Industrial District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
* = Use Specific Standard Applies
Industrial Zoning District
Use Class and Type
MG
Use Specific Standard
Principal Uses
Commercial
Agricultural Implement Sales / Services
C
Auction Establishment
C
Automotive / Recreational Vehicle Sales
P
Eating / Drinking Establishment
P*
Section 4.15
Sign, Billboard Advertising
C*
Section 4.18
Warehouse Sales Facility
P
Community and Institutional
Funeral Services
C
Protective / Emergency Services
P
Research Institution
C
Veterinary Clinic / Animal Shelter
P
Private Motor Vehicle
Automotive and Equipment Repair Services
P
Car Wash
P*
Section 4.11
Fuel Sales
P*
Section 4.12
Parking, Non-Accessory
C
Service Station
P*
Section 4.12
Trucking Operation
P
Basic Service and Utility
Public Utility Services
P*
Section 4.20
Industrial
Bulk Storage Facility
C
Contractor Services
P
Fleet Services
P
Heavy Equipment Sales / Rentals
P
Manufacturing Establishment, Heavy
C
Manufacturing Establishment, Light
P
Micro-brewery / Distillery / Winery
P
Recycling Facility
C
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Salvage Operation / Yard
C
Transport Terminal / Freight Yard
C
Warehouse Self-Storage Facility
P
Agricultural
Agricultural Storage Facility
C
Accessory Uses
Drive-Through Facilities
P*
Section 4.11
Shipping Container
P*
Section 4.17
Solar Collector
P*
Section 4.14
3.6.3
Dimensional Standards
a) No person shall erect a building or structure in any Industrial zoning district unless the building or
structure complies with Table 3-7 Industrial District Dimensional Standards, in addition to other
applicable regulations contained in this By-law, except by an approved variance order.
Table 3-7 - Industrial District Dimensional Standards
Zoning
District
Site
Yards
Form
Minimum
Site Area
(sq. ft.)
Minimum
Site Width
(ft.)
Minimum
Front Yard
(ft.)
Minimum
Side Yard
(ft.)
Minimum
Corner
Side Yard
(ft.)
Minimum
Rear Yard
(ft.)
Maximum
Building
Height
(ft.)
Maximum
Site
Coverage
(%)
Permitted / Conditional Uses
MG
10,000
100
25
10
15
10
40
-
Accessory Buildings / Structures
MG
-
-
-
10
15
5
30 A
20
Notes
A If abutting a Residential zoning district the maximum height of a detached accessory building / structure shall be 20 feet.
3.6.4
Additional Development Standards in the MG Zoning District
a) Notwithstanding the standards set out above in Table 3-7, when the side site line of any property in
the MG zoning district abuts the side site line of any property in a Residential zoning district, Council
shall:
i. Require the MG zoning district property to provide a minimum buffer of 25 feet along the entire
side site line that abuts the Residential zoning district property.
ii. Ensure the required buffer is not used for on-site operations of any kind, including but not
limited to accessory off-street parking and loading, materials storage, or manufacturing.
iii. Require the MG zoning district property to erect and maintain a fence that is a minimum of 6
feet in height and/or a landscaped buffer in accordance with section 2.17.
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b) For any development in the MG zoning district, Council or the Designated Officer may, as far as is
practicable, impose additional screening requirements from adjacent sites and roadways to ensure
the visual appearance of the property remains consistent with the character of the area.
3.6.5
Standards for Conditional Uses
a) Council will consider conditional use applications in the Industrial zoning district with respect to the
intent, uses, and development standards of this By-law, in addition to the following:
i. The conditional use application evaluation criteria in subsection 6.4.2;
ii. Any relevant General Regulations in PART 2; and,
iii. Any relevant regulations for Specific Uses in PART 4.
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3.7
COMMUNITY ZONING DISTRICTS
3.7.1
Intent
Parks and Recreation (PR) - Provides for a range of indoor and outdoor recreational amenities, as well
as public and private parks, entertainment facilities, and compatible or associated uses.
Open Space (OS) - Accommodates public sites with physical development limitations, unique natural
features, or significance for the environment to be conserved in an undeveloped state.
Institutional (I) - Provides for a range of institutional uses, including protective, educational, health,
civic, and government services accessible to the public, as well as facilities for religious assembly.
3.7.2
Land Use
a) No new use or expansion of an existing use in any Community zoning district may be established
except in conformity with Table 3-8 Community District Uses.
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Table 3-8 - Community District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
* = Use Specific Standard Applies
Community Zoning Districts
Use Class and Type
PR
OS
I
Use Specific Standard
Principal Uses
Commercial
Campground
C*
-
-
Section 4.19
Eating / Drinking Establishment
C*
-
P*
Section 4.15
Cultural and Entertainment
Amusement Establishment, Outdoor
P
-
-
Entertainment Establishment, Outdoor
P
-
C
Library / Museum / Gallery
P
-
P
Community and Institutional
Cemetery
-
-
C
Community Centre
P
-
P
Community Garden
C
C
P
Education Support Services
-
-
P
Funeral Services
-
-
C
Health Services
-
-
P
Institutional Residence
-
-
C
Public Park / Playground
P
C
P
Recreation Facility, Indoor
P
-
P
Recreation Facility, Outdoor
P
-
C
Religious Assembly
-
-
P*
Section 4.10
Research Institution
-
-
C
School, Primary / Secondary
-
-
P
School, College / Trade
-
-
P
Basic Service and Utility
Government Services
-
-
P
Hospital
-
-
P
Protective and Emergency Services
-
-
P
Public Utility Services
P*
P*
P*
Section 4.20
Accessory Uses
Aircraft Landing Field
-
-
C
Farmers' Market
P
C
C
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3.7.3
Dimensional Standards
a) No person shall erect a building or structure in any Community zoning district unless the building or
structure complies with Table 3-9 Community District Dimensional Standards, in addition to other
applicable regulations of this By-law, except by an approved variance order.
Table 3-9 - Community District Dimensional Standards
Zoning
District
Site
Yards
Form
Minimum
Site Area
(sq. ft.)
Minimum
Site Width
(ft.)
Minimum
Front Yard
(ft.)
Minimum
Side Yard
(ft.)
Minimum
Reverse
Corner
Side Yard
(ft.)
Minimum
Rear Yard
(ft.)
Maximum
Building
Height
(ft.)
Maximum
Site
Coverage
(%)
Permitted / Conditional Uses
PR
-
-
20
10
15
10
40
-
OS
-
-
20
10
15
10
40
-
I
10,000
100
20
15
15
25
40
-
Accessory Buildings / Structures
PR
-
-
-
10
15
5
20
-
OS
-
-
-
10
15
5
20
-
I
-
-
10
15
5
20
10
3.7.4
Special Development Standards in the OS Zoning District
a) Prior to accepting any new public reserve lands as a dedication to the Town under the OS zoning
district, Council shall evaluate the proposal in accordance with the following criteria:
i. Lands are visible and accessible from a public right-of-way;
ii. Lands offer ecological or cultural significance;
iii. Lands serve as a buffer between incompatible adjacent uses;
iv. Lands are of a size and configuration to be of practical public use; and/or,
v. Lands will not pose undue costs to the Town for ongoing maintenance.
b) Council may require a landscape plan consistent with section 2.17 to be prepared, installed, and
maintained for an established period of time for all lands dedicated under the OS zoning district.
3.7.5
Standards for Conditional Uses
a) Council will consider conditional use applications in Community zoning districts with respect to the
intent, uses, and development standards of this By-law, in addition to the following:
i. The conditional use application evaluation criteria in subsection 6.4.2;
ii. Any relevant General Regulations in PART 2; and,
iii. Any relevant regulations for Specific Uses in PART 4.
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3.8
AGRICULTURAL ZONING DISTRICT
3.8.1
Intent
Agriculture Limited (AL) - Accommodates lower intensity agricultural activities for an interim period
while reserving lands for future urban uses, consistent with the Town Development Plan.
3.8.2
Land Use
a) No new use or expansion of an existing use in any Agricultural zoning district may be established
except in conformity with Table 3-10 Agricultural District Uses.
Table 3-10 - Agricultural District Uses
Legend
P = Permitted
C = Conditional
- = Not Permitted
* = Use Specific Standard Applies
Agricultural Zoning District
Use Class and Type
AL
Use Specific Standard
Principal Uses
Residential
Single-Unit Dwelling
P
Commercial
Greenhouse / Plant Nurseries
P
Community and Institutional
Community Garden
P
Public Park / Playground
P
Veterinary Clinic / Animal Shelter
C
Basic Service and Utility
Public Utility Services
P*
Section 4.20
Agricultural
Agricultural Activities, Limited
P
Agricultural Storage Facility
C
Accessory Uses
Home-Based Business
P*
Section 4.2
Home-Based Daycare
P
Home-Based Industry
C*
Section 4.6
Farmers' Market
P
Secondary Suite
P*
Section 4.4
Shipping Container
C*
Section 4.17
Solar Collector
P*
Section 4.14
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3.8.3
Dimensional Standards
a) No person shall erect a building or structure in any Agricultural zoning district unless the building or
structure complies with Table 3-11 Agricultural District Dimensional Standards, in addition to other
applicable regulations of this By-law, except where a variance has been issued.
Table 3-11 - Agricultural District Dimensional Standards
Zoning
District
Site
Yard
Form
Minimum
Site Area
(acres)
Minimum
Site Width
(ft.)
Minimum
Front Yard
(ft.)
Minimum
Side Yard
(ft.)
Minimum
Corner
Side Yard
(ft.)
Minimum
Rear Yard
(ft.)
Maximum
Height
(ft.)
Maximum
Site
Coverage
(%)
Permitted / Conditional Uses
AL
5
300
30
15
15
25
40
-
Accessory Buildings / Structures
AL
-
-
-
15
15
10
30 A
-
Notes
A If abutting a Residential zoning district the maximum height of a detached accessory building / structure shall be 20 feet.
3.8.4
Special Regulations in the AL Zoning District
a) Notwithstanding the dimensional standards outlined above in Table 3-11, the minimum site area for
residential dwellings in the AL zoning district shall be two (2) acres, and additional yard requirements
may be imposed to allow the site to be subdivided for future infill development.
b) No development shall be approved in the AL zoning district if, in Council's opinion, it would:
i. Substantially alter the existing state of the land;
ii. Require the introduction of structures, footings, or foundations that could not be removed by
the applicant or owner in an economical and/or expeditious manner; or,
iii. Restrict the potential to subdivide, service, and develop the subject lands for future urban uses
in accordance with the policies and objectives of the Town's Development Plan.
c) Council may, as a requirement for approving any conditional use in the AL zoning district, specify the
length of time that use is permitted to be established.
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PART 4 USE SPECIFIC STANDARDS
4.1
APPLICABILITY
a) In accordance with the Use Tables contained in PART 3 of this By-law, regardless of whether a use is
allowed as a permitted or conditional use, and regardless of the zoning district in which the use is
located, the following standards for specific uses must be complied with, except as otherwise
provided for in this By-law or by an approved conditional use or variance order.
4.2
HOME-BASED BUSINESSES
Home-based business shall be subject to the following regulations:
a) The owner and main operator of the home-based business shall be a full-time resident of the
principal dwelling.
b) Any work or activities conducted on the premises in relation to the home-based business shall be
carried out entirely within the principal residential dwelling with no outdoor storage, display, or
processing of goods.
c) Notwithstanding section 2.26 and the applicable zoning district sign regulations, a home-based
business may be permitted one (1) non-illuminated sign for business identification, which shall not
exceed 4 square feet, provided the sign is attached to the principal building.
d) Home-based businesses shall not change the external appearance of the principal residence to
distinguish it as a business or substantially alter its character from surrounding dwellings.
e) Home-based businesses shall not generate pedestrian and/or vehicular traffic and/or parking in
excess of that which is characteristic of the zoning district in which it is located.
f) In addition to the information listed in section 6.3, applications for home-based businesses shall
include: a description of the proposed business; an indication of the number of business related
visits per day; parking provision details; and, number of on-site employees.
g) Applications for home-based businesses may not be approved if, at the discretion of the Designated
Officer, the proposed business would be more appropriately located in a different zoning district,
having regard for traffic generation, noise, and other such factors.
h) Home-based businesses shall not be permitted for any use that, at the discretion of Council, is
deemed to have a potentially negative effect on the surrounding neighbourhood, including escort
services, tow-truck operations, or the storage and/or use of any toxic materials.
i) The maximum floor area of a home-based business shall be 350 square feet or thirty percent (30%)
of the floor area of the principal dwelling to which it is accessory, whichever is lesser.
j) The maximum number of employees for a home-based business who are concurrently working on-
site shall be two (2).
k) The sale of goods and services related to the Home-Based Business is permitted, but the maximum
number of on-site clients at one time shall be two (2), or five (5) in the case of instructional services.
TOWN OF STE. ANNE ZONING BY-LAW
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l) A Development Permit for a Home-Based Business is not transferable to a new homeowner.
4.3
GARDEN SUITES
Garden suites shall be subject to the following regulations:
a) Garden suites shall have a minimum floor area of 600 square feet and a maximum floor area of 850
square feet.
b) Garden suites shall maintain a minimum separation distance of 10 feet from the principal dwelling
to which it is an accessory use.
c) Garden suites shall be required to provide one (1) off-street parking space.
d) Garden suites shall comply with the dimensional standards established for accessory buildings and
structures in the applicable zoning district, notwithstanding the side yard requirements, which shall
be in accordance with the minimum side yards established for principal buildings.
e) Garden suites shall not be permitted on properties smaller than 5,000 square feet in area.
f) The garden suite shall be connected to the Town's municipal wastewater system.
g) Vehicular access to the garden suite shall be provided via an existing driveway.
h) Only one (1) garden suite may be established per zoning site.
i) The exterior of the garden suite shall incorporate building materials, textures, and colours that are
similar to those found on the principal dwelling as determined by the Designated Officer.
j) Garden suites shall comply with the Manitoba Building Code and any amendments thereto.
4.4
SECONDARY SUITES
Secondary suites shall be subject to the following regulations:
a) A maximum of one (1) secondary suite shall be permitted per zoning site.
b) Secondary suite shall have a maximum floor area of 800 square feet, or forty percent (40%) of the
total habitable space of the principal dwelling, whichever is less.
c) No secondary suite shall have a floor area less than 350 square feet.
d) A minimum of one (1) off-street parking space must be provided for a secondary suite, in addition to
the parking requirements for the principal dwelling, as outlined in section 2.27.
e) Secondary suites shall not be permitted in detached accessory buildings, including Garden Suites.
f) The secondary suite shall have an entrance separate from the entrance of the principal dwelling,
either from a common indoor landing or directly from the side or rear of the house.
g) Secondary suites shall comply with the Manitoba Building Code and any amendments thereto.
TOWN OF STE. ANNE ZONING BY-LAW
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4.5
LIVE-WORK UNITS
Live-work units shall be subject to the following regulations:
a) The residential portion of the live-work unit shall be located above the ground floor or to the rear of
the building.
b) There shall be internal access between the dwelling and work portions of the unit, in addition to
separate entrances from the exterior.
c) A home-based business shall not be permitted in the residential portion of the live-work unit.
d) The allowable non-residential uses shall be limited to the permitted uses of the zoning district in
which the live-work unit is located.
e) The minimum floor area of the residential portion of the live-work unit shall be 600 square feet, or
twenty-five percent (25%) of the floor area of the live-work unit, which is greater.
f) The maximum floor area of the non-residential portion of the live-work unit shall be 800 square feet,
or seventy-five percent (75%) of the floor area of the live-work unit, whichever is lesser.
g) A minimum of one (1) parking stall must be provided for the dwelling portion of the live-work unit in
addition to the parking requirements for the work portion.
h) Notwithstanding section 2.26 and the applicable zoning district sign regulations, a live-work unit
may be permitted one (1) non-illuminated sign for business identification, which shall not exceed 12
square feet, provided the sign is attached to the wall of the work portion of the unit.
i) The sale of goods and services related to the non-residential portion of the live-work unit is
permitted.
j) Outside storage of goods and materials shall be located to the rear of a line adjacent to and parallel
with the front wall of the accessory building, and the storage area shall be fenced or screened from
public view to the satisfaction of the Designated Office.
k) The non-residential portion of the live-work unit shall not be permitted if, in the opinion of the
Designated Officer, such use would be more appropriately located in another zoning district, having
regard for traffic generation, noise, neighbourhood character, and other such factors.
l) A permit for a live-work unit is not transferable to a new property owner.
4.6
HOME-BASED INDUSTRY
Home-based industries shall be subject to the following regulations:
a) The owner and main operator of the home-based industry shall be a full-time resident of the
principal dwelling.
b) Any work or activities conducted on the premises in relation to the home-based industry shall be
carried out entirely within an accessory building to the principal residential dwelling and shall not
exceed a maximum floor area permitted for accessory buildings in the applicable zoning district.
c) The sale of goods and services related to the home-based industry is permitted.
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d) The character of the home-based industry shall not create objectionable impacts on adjacent sites,
as determined by the Designated Officer.
e) Notwithstanding section 2.26 and the applicable zoning district sign regulations, a home-based
industry may be permitted one (1) non-illuminated sign for business identification, which shall not
exceed 8 square feet, provided the sign is attached to the wall of the accessory building.
f) Outside storage of goods and materials shall be located to the rear of a line adjacent to and parallel
with the front wall of the accessory building, and the storage area shall be fenced or screened from
public view to the satisfaction of the Designated Office.
g) In addition to the information listed in section 6.3, applications for home-based businesses shall
include: a description of the proposed business; an indication of the number of business related
visits per day; parking provision details; and, number of on-site employees.
h) Applications for home-based businesses may not be approved if, at the discretion of the Designated
Officer, the proposed business would be more appropriately located in a Commercial or Industrial
zoning district, having regard for traffic, noise, and similar factors.
i) A permit for a Home Industry is not transferable to a new homeowner.
4.7
MULTIPLE-UNIT DWELLINGS
Multiple-unit dwellings shall be subject to the following regulations:
a) Multiple-unit dwellings in the CC and CMU zoning districts shall only be permitted when located
above the ground floor with a Commercial, Cultural and Entertainment, or Community and
Institutional Use Class development located on the ground floor.
b) Multiple-unit dwellings in the CC and CMU zoning districts shall be subject to the "minimum site area
per dwelling unit" and "minimum dwelling unit area" standards of the RM-H zoning district, in
addition to the dimensional standards established for the zoning district in which it is located.
4.8
PLANNED UNIT DEVELOPMENTS
Planned unit developments shall be subject to the following regulations:
a) Specific use regulations and dimensional standards of the zoning districts shall not directly apply to
planned unit developments. However, the uses and standards of a planned unit development shall
incorporate the minimum equivalent performance standards applicable in this By-law.
b) A development application for the establishment of a planned unit development shall, in addition to
providing all standard supporting materials and information outlined in section 6.3, be required to
produce a detailed Concept Plan and Analysis that addresses the following:
i. Economic costs and benefits for the Town;
ii. Community contributions through added amenities and public facilities;
iii. Impact on municipal infrastructure, including wastewater and transportation systems;
iv. Impact on surrounding neighbourhoods and the natural environment;
v. Proposed alternative standards for the planned unit development and the existing standards of
the applicable zoning district they are to supersede;
vi. Detailed plan for lot grading, drainage, and landscaping.
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vii. Other information as requested by Council.
c) The alternative standards for the planned unit development shall be regulated through a
Development Agreement and registered as caveats against the applicable land titles.
d) The minimum site area permitted for a planned unit development shall be 20,000 square feet.
4.9
PRIVATE AND SEMI-PRIVATE SWIMMING POOLS
Private and semi-private swimming pools shall be subject to the following regulations:
a) Private swimming pools and similar features must meet the setback standards established for the
applicable zoning district, with consideration for the permitted projections in section 2.9.
b) Under no circumstances shall a swimming pool or any similar feature be located closer than 5 feet
to a rear site line or side yard site line.
c) Unenclosed outdoor swimming pools and similar features must be protected by a fence that is
minimum 6 feet in height, lockable to prevent unauthorized entry, and constructed in such a manner
as to prevent entry from underneath.
d) Semi-private pools shall comply with regulations governing swimming pools under the Public Health
Act and the Manitoba Building Code.
4.10
RELIGIOUS ASSEMBLIES
Religious Assemblies shall be subject to the following regulations:
a) Any existing religious assembly that features a caretaker's residence, as defined herein, may
continue to operate such residence so long as it remains incidental to and directly associated with
the principal use of the site and is not expanded, enlarged, and/or structurally altered. However, as of
the effective date of this Zoning By-law, no new caretaker's residences shall be permitted.
4.11
DRIVE-THROUGH FACILITIES
Drive-through facilities shall be subject to the following regulations:
a) Drive-through facilities shall only be permitted on sites with a property frontage and depth of 100
feet.
b) For eating/drinking establishments featuring a drive-up window service, a minimum of four (4) in-
bound stacking spaces and two (2) out-bound stacking space shall be provided.
c) For carwashes and rapid vehicle service establishments, a minimum of six (6) in-bound stacking
spaces and four (4) out-bound stacking spaces shall be provided for each service bay.
d) For financial service establishments featuring a drive-up automated teller machine, a minimum of
three (3) in-bound stacking spaces and one (1) out-bound stacking space shall be provided.
e) Stacking spaces for all drive-through facilities shall be provided as follows:
i. All stacking spaces shall be a minimum of 18 feet long and 10 feet wide.
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ii. All stacking spaces shall be located so as not to block or interfere with the smooth flow of
traffic to and from required off-street parking spaces or the driving aisles providing access to
those spaces, or any adjacent street or lane through an approved access point.
4.12
SERVICE STATIONS AND FUEL SALES
Service stations and fuel sales shall comply with the following regulations:
a) Service stations and fuel sales shall only be permitted on sites with a minimum property frontage
and depth of 100 feet.
b) All pump islands and underground storage tanks shall be located a minimum of 20 feet from any
boundary of the site, parking area on the site, or laneways intended to control traffic circulation on
the site, not including canopies situated above said pumping islands.
c) Pump islands or fuelling stations are not permitted in a required parking area.
d) Stacking spaces for all drive-up/through operations shall be provided as follows:
i. A minimum of five (5) in-bound and three (3) out-bound stacking spaces shall be provided for
each service bay.
ii. All stacking spaces shall be a minimum of 18 feet long and ten 10 feet wide.
iii. All stacking spaces shall be located so as not to block or interfere with the smooth flow of
traffic to and from required off-street parking spaces or the driving aisles providing access to
those spaces, or any adjacent street or lane through an approved access point.
4.13
BED AND BREAKFASTS
Bed and breakfasts shall be subject to the following regulations:
a) The operator of the bed and breakfast must be a full-time resident of the principal dwelling to which
it is an accessory use.
b) No more than three (3) bedrooms shall be used for the bed and breakfast operation.
c) In addition to the parking requirements for the principal dwelling, one (1) additional on-site parking
space shall be provided for each bedroom being use for the bed and breakfast.
d) Signs for bed and breakfasts shall be in accordance with the regulations for home-based businesses
set out in section 4.2.
e) No cooking facilities shall be allowed in bedrooms used for the bed and breakfast.
f) The bed and breakfast shall not generate vehicular traffic and/or parking in excess of that which is
characteristic of the zoning district in which it is located.
g) The bed and breakfast shall not change the principal residential character or external appearance of
the dwelling unit.
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4.14
SOLAR COLLECTORS
Solar collectors shall be subject to the following regulations:
a) Any solar collector not attached to a building shall adhere to the same dimensional standards for
accessory buildings and structures in the zoning district in which the installation is situated.
b) A roof or wall-mounted solar collector shall not exceed, in size, the total square footage of the
principal structure to which it is attached.
c) A solar collector that is mounted on a roof may project a maximum of 6.5 feet from the surface of
the roof and must not extend beyond the outermost edge of the roof.
d) The appropriate engineering approvals must be obtained as required by the Designated Officer, in
addition meeting all design and installation standards established by provincial authorities.
e) A solar collector that is mounted on a wall may project a maximum of 2 feet from the surface of that
wall and must be located a minimum of 8 feet above grade.
f) Solar collectors shall not be used for the commercial off-site sale and distribution of energy in any
Residential zoning district.
4.15
EATING AND DRINKING ESTABLISHMENTS
Eating and drinking establishments shall be subject to the following regulations:
a) Eating and drinking establishments in the I and PR zoning districts shall only be permitted in
association with a Cultural and Entertainment, Community and Institutional, and/or Basic Service
and Utility Use Class development.
b) When abutting any Residential zoning district, eating and drinking establishments shall be
considered a conditional use and be subject to approvals as such.
c) Outdoor patios accessory to eating / drinking establishments shall not be located within 5 feet of the
side site line of an abutting residential property and may, at the discretion of the Designated Officer,
be required to provide a fence and/or planting screen to attenuate noise.
4.16
CANNABIS RETAIL STORES
Cannabis retail establishments shall be subject to the following regulations:
a) Cannabis retail stores shall be licensed under the Liquor, Gaming, and Cannabis Authority of
Manitoba and operate in accordance with applicable provincial legislation and regulations.
b) Cannabis retail stores shall not be located within 1,000 feet of a primary/secondary school.
4.17
SHIPPING CONTAINERS
Shipping containers shall be subject to the following regulations:
a) A shipping container used for storage must meet the requirements for accessory buildings in the
zoning district in which it is located. Shipping containers, when stacked, must not exceed the
maximum height for accessory buildings for the applicable zoning district.
b) Shipping containers serving as temporary buildings or structures shall comply with section 2.6.
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c) Shipping containers shall not be located in the front or side yard of any principal structure.
d) Shipping containers permanently located on a site shall be restricted to the rear yard of the principal
building and must be kept in good repair to the satisfaction of the Designated Officer.
e) Shipping containers intended for uses other than storage shall adhere to the Manitoba Building Code
and be subject to all permits and requirements applicable to the proposed use or uses.
4.18
BILLBOARD ADVERTISING SIGNS
Billboard advertising signs shall be subject to the following regulations:
a) No billboard advertising sign may be located or operated in such a manner as to materially impede
the view of any street or highway intersection, or in such a manner as to interfere with, obstruct the
view of, or be confused with any authorized traffic sign, signal or device.
b) The maximum surface area per billboard advertising sign shall be 200 square feet.
c) If freestanding, the maximum height of a billboard advertising sign shall be 25 feet.
d) No billboard advertising sign may feature an electronic message board, video screen, or any other
means of electronic copy.
4.19
CAMPGROUNDS
Campgrounds shall be subject to the following regulations:
a) More than one (1) campsite may be permitted on a zoning site in a campground development.
b) Campgrounds shall provide an all-weather internal roadway to serve all campsites, the driving width
and surfacing material of which will be subject to the approval of the Designated Officer.
c) A campground must provide clear numbered identification and boundaries of each campsite.
d) A campground must provide storage of refuse in a sanitary manner, which shall be no closer than
500 feet to a campsite or permanent dwelling on any adjacent site, in addition to meeting all other
requirements as set out under provincial legislation and regulations.
e) Campgrounds shall provide tenants of campsites with toilet facilities and potable water in
accordance with the requirements of the Campgrounds Regulation under The Environment Act.
4.20
PUBLIC UTILITY SERVICES
Public utility services shall be subject to the following regulation:
a) The dimensional standards of the zoning district in which the public utility service is located shall
not apply to the facilities associated with such service, subject to Council approval.
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PART 5 SPECIAL AREAS
5.1
APPLICABILITY
a) The regulations contained in this PART shall apply to the specific geographic areas of the Town as
described herein which, due to special site conditions or other unique attributes, require additional
provisions to ensure development is carried out in a safe and responsible manner.
5.2
PROVINCIAL HIGHWAYS
a) Permits from Manitoba Infrastructure shall be required for any new development proposed within
the controlled area of PTH 12, including the construction or alteration of any building or structure,
and for the introduction, modification, or intensification of any access to PTH 12.
b) Permits shall be required from Manitoba Infrastructure for any new, modified, or relocated access, or
to intensify the use of an existing access, to PR 207 and PR 210, excluding the portion of PR 207
between Traverse Road and Caledonia Road under municipal jurisdiction.
5.3
FLOOD HAZARD AREAS
a) The Designated Officer may refuse to issue a Development Permit for any permanent building or
structure located within the Hazard Area, as shown on Map 1, where it has been determined the
potential for periodic flooding would pose an added risk to public safety and/or property.
b) Notwithstanding clause (a) above, in such cases where, as determined by Council, it is not practical
or desirable to restrict development within Hazard Areas, the applicant shall be required to satisfy
the following conditions prior to being issued a Development Permit:
i. All permanent structures and accesses must be located on sites which have been raised with
fill to the Flood Protection Level, which is an elevation at least 2 feet above the 200-year flood
level, as determined by the appropriate provincial authority.
ii. Any permanent structure featuring a basement shall be required to use impervious fill to raise
the site and shall be restricted from including habitable space.
iii. The elevation of the main floor of any permanent principal structure must be located 1 foot
above the Flood Protection Level.
iv. Accessory structures or basements within the Hazard Area shall not be used for the storage of
immovable or hazardous materials that are toxic, flammable, or explosive.
v. Other conditions as deemed necessary in order to negate the effects of the hazard.
c) Further to clause (b), the Designated Officer may require the applicant to provide, at their own
expense, information prepared by a certified engineer of Manitoba on flood levels, elevations, soil
conditions, and/or other geotechnical data that is needed to assist in the review process.
d) Council or the Designated Officer may, prior to the issuance of a Development Permit, consult with
the appropriate provincial authority regarding the Hazard Area.
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Map 1 - Flood Hazard Areas
5.4
RIPARIAN AREAS
a) All permanent structures must be set back a minimum of 98.5 feet upslope from the normal high
water level of the Seine River, as determined by the appropriate provincial authority, where erosion,
bank instability, or slumping may pose an added risk to public safety and/or property.
b) Notwithstanding clause (a) above, in such cases where, as determined by Council, it is not practical
or desirable to restrict development within the prescribed setback of 98.5 feet from the normal high
water level of the Seine River, the applicant shall be required to provide, at their own expense, a
geotechnical report prepared by a certified engineer of Manitoba that recommends an alternative
setback or, having determined conditions do pose an added risk to public safety and/or property,
recommends appropriate measures to be taken in order to mitigate such risks.
c) Applicants shall be required, as recommended by a geotechnical report or review thereof, to take any
required measures to halt the erosion process within a proposed development area, which must be
verified by a certified engineer prior to the issuance of a Development Permit.
d) The Town shall obtain a third party engineering review of all geotechnical reports prepared for
proposed development within the prescribed setback of 98.5 feet and, if the development is within
the Hazard Area shown on Map 1, consult with the appropriate provincial authority.
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5.5
RAILWAY OPERATIONS
a) No dwelling unit shall be located within 98.5 feet of an active railway line, measured from the edge of
the railway property line to the nearest wall of the dwelling unit.
b) For any development proposed in proximity to an active railway line, Council may require mitigative
measures to be implemented in accordance with FCM-RAC guidelines, as deemed necessary.
5.6
WASTEWATER TREATMENT FACILITIES
a) No dwelling unit shall be located within 1,500 feet from the boundary of a municipal sewage lagoon,
pursuant to provincial legislation and regulations.
5.7
HELICOPTER FLIGHT ZONE
a) All new development proposed within the Helicopter Flight Zone, as shown in Map 2, shall be
required to consult with NAV CANADA prior to submitting a Development Permit application.
b) All new development within the Helicopter Flight Zone may be subject to any such conditions, as
prescribed by NAV CANADA, required to ensure the flight zone for aircrafts is not obstructed.
Map 2 - Helicopter Flight Zone
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5.8
HIGH PRESSURE NATURAL GAS UTILITIES
a) No dwelling unit shall be located within 50 feet from the edge of the TC Pipeline right-of-way.
b) Permanent structures shall not be located anywhere on the TC Pipeline right-of-way and should be
setback at least 23 feet from the edge of the right-of-way and 40 feet from the edge of the pipeline.
c) Temporary structures shall not be located anywhere on the Pipeline right-of-way and should be
setback at least 10 feet from the edge of the right-of-way and 26 feet from the edge of the pipeline.
d) Applicants proposing development on any site that is completely or partially located within 98.5 feet
from TC Pipeline, shown as the Prescribed Area on Map 3, shall be required to obtain written consent
from the pipeline operator prior to any ground disturbance taking place.
e) Any proposed development on a site that is completely or partially located within 2,625 feet from the
TC Energy Facility, shown as the Facility Assessment Area on Map 3, or 985 feet from the TC
Pipeline, shown as the Pipeline Assessment Area on Map 3, shall be referred to the pipeline operator
for review and input.
f) For any development proposed on a site that is completely or partially located within the TC Pipeline
right-of-way, applicants shall be required to obtain a Crossing Agreement from the pipeline operator
prior to submitting a Development Permit application, or provide verification to the satisfaction of
the Designated Officer that a Crossing Agreement is not required.
Map 3 - High Pressure Natural Gas Utility Locations
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5.9
HYDRO TRANSMISSION UTILITIES
a) No dwelling unit shall be located within 50 feet from the edge of a right-of-way established for the
transmission of high pressure hydro-electricity in excess of 100 kilovolts.
b) For any development located within 656 feet of such utilities, measured from the centre line of the
right-of-way, consultation with the appropriate utility company or operating authority must be
initiated prior to the submission of a Development Permit application.
5.10
CROP PROTECTION WAREHOUSES
a) No dwelling unit shall be located within 328 feet from a licensed crop protection warehouse,
measured from the nearest wall of the warehouse to the nearest wall of the dwelling unit.
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PART 6 ADMINISTRATION
6.1
ADMINISTRATION AND ENFORCEMENT
a) The authority responsible for administering, enforcing, amending and/or repealing this By-law shall
be the Town of Ste. Anne Council, in accordance with and subject to the provisions of The Planning
Act.
6.2
CONTROL OF DEVELOPMENT
No person shall:
a) Unless otherwise stated in this By-law, no development shall be undertaken in the Town unless a
Development Permit has been issued.
b) Where an application for a Development Permit is determined to contain incorrect information, no
Development Permit shall be issued until the applicant corrects such information.
c) Any Development Permit issued on the basis of incorrect information contained in the application
shall be invalid.
d) The issuing of a Development Permit shall not prevent the Designated Officer from thereafter
requiring the correction of errors, nor from prohibiting the development from being carried out
unless and until such errors are corrected.
e) A Development Permit for an accessory use, building or structure shall not be issued unless and
until a Development Permit for the principal use, building or structure has been issued.
6.3
DEVELOPMENT PERMITS
6.3.1
When a Development Permit is 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 principal or accessory
building or structure.
b) The demolition, removal, and/or relocation of any building or structure.
c) The establishment of a use of land or a building or structure.
d) The change of a use of land and/or a principal or accessory building or structure.
6.3.2
When a Development Permit is Not Required
A Development Permit is not required for the following, provided that all other provisions of this By-law
and other applicable by-laws of the Town are complied with, and that any required approvals, permits,
or licenses from other government agencies are obtained:
a) Incidental alterations, including the regular maintenance or repair of any development.
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b) Agricultural cropping of land, including the use of vacant farmland, buildings and structures for
agricultural cropping, and a change from one permitted agricultural cropping activity to another.
c) Private driveways and sidewalks which are accessory to a development.
d) The erection, construction, enlargement, alteration or placement of the following structures:
i. A fence, wall, or gate not exceeding 6 feet in height;
ii. Signs exempted by the By-law in subsection 2.26.7;
iii. Accessory buildings or structures not exceeding 120 square feet in area and 15 feet in height,
provided they are not considered a hazard by the Designated Officer; and,
iv. Unenclosed patios at grade level and decks and wheelchair ramps below 2 feet in height.
e) Landscaping where the existing grade and surface drainage patterns are not materially altered.
f) Temporary buildings, structures, or uses associated with festivals, farmers' markets, or similar
community events at the discretion of the Designated Officer.
6.3.3
Development Permit Application Requirements
In addition to a fully completed application form, the following information must be submitted by the
property owner(s), or a person authorized in writing on behalf of the property owner(s), unless the
Designated Officer determines that the development is of such a nature as to enable a decision to be
made on the application without all of the information required in this Section of the By-law:
a) Description of the scale of development including the following information if applicable:
i. Total area of the subject development site;
ii. Gross floor area of the development;
iii. Height and number of floors/storeys; and,
iv. Number of dwelling units, if applicable.
b) Site Plan drawn to a minimum scale of 1:100 showing the following information:
i. Legal description of property and civic address;
ii. Directional north arrow and scale bar;
iii. Site boundaries and dimensions;
iv. Location and dimensions of any easements on the site;
v. Location and dimensions of all existing and/or proposed buildings and structures in relation to
site lines;
vi. The use or uses of each existing and proposed building, structure, and/or land parcel;
vii. Identification of existing streets, lanes or public right-of-way providing access to and egress
from the site;
viii. Setbacks, yard dimensions and/or separation distances required by this By-law;
ix. Location and dimensions of proposed driveways, parking areas, loading areas, vehicle
entrances and exits, and public streets;
x. Number of required parking and loading spaces required and provided;
xi. Location of sidewalks, walkways, fences, screening, retaining walls, trees, and other physical
features, both existing and proposed, as required by the Designated Officer;
xii. Utility connections and well location(s); and,
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xiii. Signage information, including the location and dimensions, the clearance from grade, the
projections beyond the building wall, an illustration of the proposed copy, the sign materials, the
method of illumination (if any), and the method to be used to structurally support or anchor the
sign.
c) Landscape Plan and Drainage Plan, if applicable, in accordance with Sections 2.16 and 2.17.
d) Floor plans drawn to scale indicating all uses/occupancies, storage and garbage holding areas.
e) Elevations and drawings drawn to scale indicating sections and bulk of proposed buildings.
f) Status of Title issued within thirty (30) days of submitting the application.
g) Building location certificate prepared by a Manitoba Land Surveyor.
h) Payment of all applicable fees prescribed by the Town of Ste. Anne.
i) Any additional information as required by the Designated Officer to ensure compliance with this By-
law or any other applicable by-law, policy or regulation.
6.3.4
Conditions Attached to a Development Permit
a) Council may impose, with respect to a conditional use, such conditions as deemed appropriate to
ensure compliance with the provisions of this By-law, other municipal. provincial, and federal
regulations, as well as any matters raised at the associated public hearing.
b) Applicants may be required to make satisfactory arrangements for the supply of electricity and/or
natural gas, for pedestrian and vehicular access, and for lot grading in accordance with the Town's
Building By-law.
c) The Designated Officer may request an inspection following the construction, enlargement,
alteration or placement of any building or structure, or the establishment or change in use of any
land, building, or structure, prior to its occupation.
d) Pursuant to a conditional use order, variance order, or zoning by-law amendment, Council or the
Designated Officer may require the applicant to enter into a Development Agreement, which shall be
attached and form part of the Development Permit, to carry out any of the following:
i. To construct, or pay for the construction of or improvement to, a public roadway required to
provide access to the applicable development;
ii. To specify the number and location of vehicular access points to sites from public roadways,
as well as when the access points are to be constructed in relation to other development
activities occurring on the site;
iii. To install, or pay for the installation of, utilities that are necessary to serve the development, or
pay the recovery costs of services which have already been installed;
iv. To repair, improve or reinstate, or pay for the repair, improvement or reinstatement, of any
street furniture, curbing, sidewalks, boulevard landscaping, and/or trees which may be
damaged or destroyed by the development or building operations occurring on the site, as
determined by the Designated Officer.
v. To construct, or pay for the construction of or improvement to, land drainage works which are
necessary to serve the development; and,
vi. To register the agreement as a caveat on the land title to the site at the Land Titles Office.
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6.3.5
Other Permits Required
a) The issuance of a Development Permit in respect to a building or structure does not affect a
person's obligation to obtain a Building Permit, Occupancy Permit or any other permit required for
the proposed work under the Town's Building By-law, or any other by-law, law, or regulation.
6.4
CONDITIONAL USES
a) A property owner or person authorized in writing by the property owner may submit an application
for a use listed as a conditional use in PART 3 of this By-law.
b) Any change in a conditional use, including an enlargement, expansion, or extension, shall be subject
to the provisions of this section.
c) An application for a conditional use shall be processed and approved or rejected in accordance with
the provisions of The Planning Act.
6.4.1
Conditional Use Application Requirements
a) An application for a conditional use shall be submitted in proper form to the Designated Officer,
which must be accompanied by payment of the applicable fee prescribed by the Town of Ste. Anne,
as well as the following:
i. Plans drawn to scale showing the relevant information specified in subsection 6.3.3(b);
ii. Description of the use or uses of each existing and proposed building or structure;
iii. Location of adjacent buildings and structures, including their height / number of storeys;
iv. Description of exterior finishing materials;
v. Description of why the conditional use is being requested;
vi. Description of how the conditional use complies with the other provisions of this By-law and
the policies and objectives of the Town of Ste. Anne Development Plan; and,
vii. Any additional information as required by Council or the Designated Officer to ensure
compliance with this By-law or any other applicable by-law, policy or regulation.
6.4.2
Review Criteria for Conditional Uses
a) Reviews of conditional use applications shall consider, but not be limited to, the following impact
criteria:
i. Compatibility with the surrounding area, including land uses, scales of development, traffic
impacts, municipal infrastructure, environmental conditions, and public or private utilities.
ii. Consistency with the vision, goals, objectives and policies of the Town's Development Plan;
iii. The potential effects on the environment and public health and the proposed mitigation
measures in response thereto;
iv. Any documented concerns of community members raised at the public hearing; and,
v. The standards for conditional uses outlined in PART 3 of this By-law.
6.4.3
Conditions Attached to Conditional Use Approval
a) If warranted, Council or the Designated Officer may impose conditions to ensure that the proposed
development will not negatively affect the Town, which could include the following:
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i. Measures to buffer the proposed use from surrounding properties, including increased yard
setbacks, screening, earth berms, or fences.
ii. Measures to mitigate potential negative impacts, including noise, odour, or vibration.
iii. Limiting the permitted hours of operation.
iv. Imposing design or siting requirements related to landscaping, outdoor lighting, refuse and
storage areas, and building design or architectural appearance.
v. Requiring the owner / applicant upgrade municipal services including roads and ditches.
vi. Requiring a letter of credit for municipal improvements including roads or drainage works.
vii. Requiring special studies to be prepared by qualified professionals including a traffic impact
study or a geotechnical report.
viii. Liability insurance protecting the Town from any future legal claims arising from the
development
ix. Entering into a Development Agreement between the owner or applicant and the Town.
6.4.4
Expiry of Conditional Use Approval
a) The approval of Council to allow for a conditional use shall expire and cease to have any effect if it is
not acted upon within twelve (12) months of the date of the decision, unless it is renewed at the
discretion of Council for one additional period not exceeding twelve (12) months.
6.5
VARIANCE ORDERS
a) Any property owner who believes that this By-law adversely affects their property rights may apply
for an order varying specific provisions of this By-law insofar as they apply to the affected property
and, in making an application, must demonstrate the adverse effect.
b) An application for a variance order shall be processed and approved or rejected in accordance with
the provisions of The Planning Act.
6.5.1
Variance Order Application Requirements
a) An application for a variance order shall be submitted in proper form to the Designated Officer,
which must be accompanied by payment of the applicable fee prescribed by the Town of Ste. Anne,
as well as any of the information specified in subsection 6.4.1.
6.5.2
Variance Order Review Criteria
a) Reviews of variance order applications shall consider, but not be limited to, the following criteria:
i. Compatibility with the surrounding area, including land uses, scales of development, traffic
impacts, municipal infrastructure, environmental conditions, and public or private utilities.
ii. Consistency with the vision, goals, objectives and policies of the Town's Development Plan;
iii. The potential effects on the environment and public health and the proposed mitigation
measures in response thereto;
iv. Any documented concerns of community members raised at the public hearing; and,
v. The proposed variance is the minimum modification required to relieve the adverse effect on
the applicant's property.
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6.5.3
Conditions Attached to a Variance Order
a) In making a variance order, Council or the Designated Officer may impose any conditions on the
applicant or owner of the affected property that they consider necessary to meet the criteria
specified in subsection 6.5.2, including entering into a Development Agreement with the Town.
6.5.4
Expiry of a Variance Order
a) A variance order made by Council shall expire and cease to have any effect if it is not acted upon
within twelve (12) months of the date of the decision, unless it is renewed at the discretion of
Council for one additional period not exceeding twelve (12) months.
6.6
ZONING AMENDMENTS
a) Subject to the procedural requirements outlined in The Planning Act, an amendment to this By-law
may be initiated by a resolution of Council, or by application of one or more owners of the affected
property, or a person authorized in writing by the property owner(s).
6.6.1
Zoning Amendment Application Requirements
a) Any person applying to amend any PART of this By-law shall apply in writing to the Designated
Officer, demonstrating reasons in support of the application and requesting it be submitted to
Council, which must be accompanied by payment of the applicable fee prescribed by the Town of
Ste. Anne, as well as any of the information specified in subsection 6.4.1.
6.6.2
Review of Zoning Amendment Applications
a) Upon receipt of an application for a zoning amendment, the Designated Officer shall forward the
application to Council for review, which has no obligation to give the application first reading if:
i. It is found to be without merit;
ii. It is inconsistent with the Town's Development Plan; or,
iii. It is substantially similar to a previous application that was rejected within the last year.
b) If Council deems it appropriate to give the proposed amendment first reading, it shall be reviewed
and approved or rejected in accordance with the provisions of The Planning Act.
6.6.3
Conditions Attached to a Zoning Amendment
a) In amending this By-law, Council may impose any conditions on the applicant or the owner of the
affected property that they consider necessary to ensure the proposed development will not
adversely affect the Town, including but not limited to the conditions listed in subsection 6.4.2.
6.7
SUBDIVISIONS
a) No subdivision of a parcel of land, including splitting a parcel of land into two or more sites,
rearranging property boundaries, or consolidating multiple parcels of land, shall be approved unless
each site conforms to the regulations of the zoning district in which it is located.
b) All subdivisions shall conform to the provisions of the Town of Ste. Anne Development Plan, and the
provisions of The Planning Act, where applicable.
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c) In approving a subdivision, Council may impose any conditions on the applicant or the owner of the
affected property that they consider necessary to ensure the proposed development will not
adversely affect the Town, including but not limited to the conditions listed in subsection 6.4.2.
6.8
RESPONSIBILITIES OF COUNCIL
Pursuant to the provisions of The Planning Act, Council shall be responsible for:
a) The enactment of this By-law.
b) Approving or rejecting applications to amend or repeal this By-law.
c) Approving or rejecting conditional use order applications and considering revoking authorized
conditional use orders for violation of any conditions imposed by it.
d) Approving or rejecting variation order applications.
e) Holding public hearings related to proposed conditional uses, variance orders, zoning amendments,
or subdivisions.
f) Appointing a Designated Officer.
6.9
RESPONSIBILITIES OF THE DESIGNATED OFFICER
The Designated Officer shall have the authority to:
a) Assist and advise members of the public with respect to the requirements of this By-law.
b) Receive, review, and process completed applications for Development Permits, conditional uses,
variance orders, and zoning amendments.
c) Review each Development Permit application to determine whether it conforms to the Town of Ste.
Anne Development Plan, the applicable regulations of this By-law, and any other Town By-laws, as
well as the conditions of any caveat, covenant, site plan, development agreement, variance or
conditional use order, easement or any other instrument affecting a building or land.
d) Refer a Development Permit application to any federal, provincial, or municipal department or any
other agency deemed appropriate to obtain comments on the application.
e) Issue Development Permits in accordance with this By-law.
f) Defer the issuance of a Development Permit until all fees prescribed by the Town are paid.
g) Refuse to issue a Development Permit where:
i. The Development Permit application, or any information accompanying the Development
Permit application, is incorrect or incomplete.
ii. The proposed building, structure or use does not comply with this Zoning By-law or any other
applicable by-law, policy or regulation.
h) Revoke a Development Permit where the Development Permit was issued in error.
i) Make a variance order, without the need for a public hearing, for any proposed modification that
varies:
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i. Any height, distance, area, size or intensity of use requirement in this By-law by no more than
fifteen percent (15%).
ii. The number of parking spaces required by this By-law by no more than fifteen percent (15%).
j) Issue zoning memoranda or such other documents necessary for administering this By-law.
k) Perform other such duties as prescribed elsewhere in this By-law or as required by Council.
l) Enter any buildings, structures, or premises at all reasonable hours, after giving sufficient notice to
the owner or occupier of the building, structure, or premise to be entered, in order to exercise the
powers of administration, inspection, remedy and enforcement provided in The Planning Act.
m) Notwithstanding clause (l) above, in an emergency or in extraordinary circumstances, the
Designated Officer need not give reasonable notice or enter at a reasonable time in order to
undertake inspection, remedy or enforcement activities referred to in this By-law.
6.10
DUTIES OF THE OWNER
a) Neither the granting of a Development Permit nor the approval of drawings and specifications or
inspections made by the Designated Officer shall in any way relieve the owner of the responsibility of
complying with the regulations of this By-law or any other relevant By-laws of the Town of Ste. Anne.
b) Every owner shall:
i. Permit the Designated Officer to enter any building, structure, or premises for the purpose of
administering or enforcing this By-law at all reasonable times and must not obstruct or
interfere with the Designated Officer in the discharge of their duties under this By-law.
ii. Provide such documentation as may be required by the Designated Officer and obtain their
approval before development continues to be carried out if, after the development application
has been approved and the Development Permit has been issued, changes are to be made to
the approved documents filed.
iii. Ensure the installation and ongoing maintenance of buildings, structures, signs, landscaping,
and other matters established in this By-law, in addition to any conditions imposed by
Development Permits, conditional use or variance orders, Development Agreements, or other
such instruments intended to ensure compliance; and,
iv. Obtain permits and licenses from the appropriate authorities relating to the buildings, grades,
sewers and water supply systems, plumbing, blasting, signs, streets, occupancy, electrical,
highways, and any other permits required in connection with the proposed work.
6.11
NON-CONFORMITIES
a) A lawfully existing non-conforming use, building, structure, or parcel of land shall be regulated in
accordance with the provisions of The Planning Act, unless otherwise provided for herein.
6.11.1 Continuance of Lawfully Existing Non-Conformities
a) Any building, structure, parcel of land, and use thereof that lawfully existed on the effective date of
this By-law shall be deemed to be in compliance with the dimensional standards and use
requirements of the zoning district in which it is located and may continue to exist as such.
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6.11.2 Non-Conforming Uses
a) A legal non-conforming use of a building, structure, or parcel of land may be continued, but if that
use is discontinued for a period of twelve (12) consecutive months or more, any future use of the
parcel of land, building, or structure shall conform to the regulations of this By-law.
b) The use of an existing non-conforming building, structure, or parcel of land shall only be changed to
a use that is permitted under this By-law for the zoning district in which it is located.
c) The use of a building or parcel of land shall not be affected by change of ownership, tenancy, or
occupancy of the building or parcel of land, so long as the non-conformity is not intensified.
d) A non-conforming use occupying a portion of a site shall not be extended or transferred in whole or
in part to any other portion of the site and no additional buildings shall be erected upon the site while
the non-conforming use continues.
6.11.3 Non-Conforming Parcels
a) A site area, site width, or yard reduced below the minimum requirements of this By-law by virtue of a
public works, street, or public utility shall be deemed to be in conformance with this By-law.
b) An existing undersized site may be increased in area and/or frontage, so as to decrease its non-
conformity, while still remaining undersized with respect to the requirements of this By-law.
c) A non-conforming parcel of land may be occupied by a building, structure, or use provided that:
i. The use is listed as a permitted or conditional use for the zoning district it is located in;
ii. All dimensional standards of the zoning district it is located in are complied with; and/or,
iii. Variance orders are obtained as needed to modify the requirements of the zoning district.
6.11.4 Non-Conforming Buildings and Structures
a) Repairs and/or incidental alterations may be made to non-conforming buildings and structures
subject to approval and issuance of a Development Permit, where required.
b) A building containing a non-conforming use shall not be expanded, enlarged or structurally altered,
except in the following circumstances:
i. A single-unit or two-unit dwelling where the expansion, enlargement, or alteration conforms to
the dimensional standards of the applicable zoning district in which it is located; or,
ii. The expansion, enlargement or alteration is necessary to bring the building into compliance
with Manitoba Building Code standards, as determined by the Designated Officer.
c) Where a building or structure that does not conform to the provisions of this By-law or amendments
thereto is destroyed or damaged to an extent that is fifty percent (50%) or more of the assessed
value of the building or structure above its foundation, the building or structure shall not be repaired
or rebuilt except in conformity with the provisions of this By-law.
6.11.5 Non-Conforming Signs
a) Any lawfully existing sign that does not conform to one or more of the applicable regulations of this
By-law, either on the effective date of this By-law or any amendments thereto, shall be deemed to be
a permitted sign and shall be used as if it conformed to all such regulations.
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b) A change in the subject matter represented on a sign shall not be considered a change in use.
c) A non-conforming sign may be structurally altered or reconstructed in the same location and
position provided that such structural alteration or reconstruction does not result in:
i. The creation of a new non-conformity or an increase in the existing non-conformity;
ii. An increase in the sign surface area; or,
iii. An increase in the degree of illumination.
6.11.6 Variance Orders for Non-Conformities
a) Notwithstanding the provisions of this section, a non-conformity may be altered by way of variation
order by Council, as per The Planning Act.
b) A variance order shall not be required in such cases where a non-conforming use, building, structure,
sign, or parcel of land is being altered without causing the non-conformity to increase, even though
the resulting alteration does not fully comply with the requirements of this By-law.
6.11.7 Development Permits for Non-Conformities
a) In such cases where a Development Permit has been issued on or before the day on which this By-
law comes into force, and the enactment of the By-law would render the development for which the
permit was issued a non-conforming building, structure, use, or parcel of land, the permit shall
remain in effect despite the enactment of this By-law, as per subsection 6.3.5.
6.12
PREVIOUS VIOLATIONS
a) Unless otherwise provided for herein, an existing building, structure, or use that was illegal under the
provisions of the previous Zoning By-law in force on the effective date of this By-law and any
amendments thereto shall not become or be made legal solely by the enactment of this By-law.
b) To the extent that, and in any manner that, said illegal building, structure or use is in conflict with the
requirements of this By-law, said building, structure or use shall remain illegal hereafter.
6.13
REMEDIES AND PENALTIES
6.13.1 Offences
a) Any owner, lessee, tenant, or occupant of land or of a building or a structure thereon who, with
respect to such land, building, structure, or sign contravenes or causes, suffers, or permits a
contravention of any provision of The Planning Act, a Development Permit, a Development
Agreement, or this By-law commits an offence.
b) Any contractor, worker, or other person who constructs or establishes a building, structure, or sign,
or makes an addition or alteration thereto, commits an offence if:
i. A Development Permit is required but has not been issued or is not recognized in accordance
with the provisions this By-law; or,
ii. A condition of a Development Permit issued under this By-law is contravened.
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6.13.2 Suspension or Revocation of Permits
a) The Designated Officer may suspend or revoke a Development Permit, Lot Grading Permit,
Occupancy Permit, Building Permit, or other such permit issued for a development where:
i. The applicant fails to comply with conditions of issuance associated with the permit;
ii. Any person undertakes, causes, or permits any development or use on a site contrary to the
terms upon which the permit was issued, including the plans, specifications, and descriptions
provided with the application;
iii. The development has not commenced and reasonably been continued within six (6) months
after issuance of the permit; and,
iv. The permit was issued in error or based on incorrect information.
b) Any person who undertakes, causes, or allows any development or use on a site without a required
permit, or after a permit has been suspended or revoked, shall discontinue such development or use
upon notice in writing by the Designated Officer, and shall not resume such development or use
unless a permit has been issued or the permit has been reinstated.
6.13.3 Fines and Penalties
a) In addition to the measures for suspension and revocation outlined under subsection 16.3.2, fines
and penalties for offences shall be imposed as provided for in The Planning Act.
6.14
EFFECTIVE DATE
a) This By-law shall be in full force and effect when it has received 3rd Reading from the Council of the
Town of Ste. Anne.
6.15
TRANSITION FROM PREVIOUS BY-LAW
a) Once enacted this By-law repeals and replaces the Town of Ste. Anne Zoning By-law No. 8-2010.
b) Where a development application has been submitted for any type of approval covered in this By-
law, but final approval has not been granted by the approving authorities prior to the effective date of
this By-law, the application shall be reviewed and considered in accordance with the provisions of
the By-law that was in effect at the time the application was submitted.
c) Unless otherwise provided for herein, Development Permits issued prior to the effective date of this
By-law shall be considered valid for the purpose of this By-law, provided all the conditions under
which the permit was issued are complied with.
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PART 7 DEFINITIONS
7.1
GENERAL DEFINITIONS
A
Abut / Abutting: means immediately contiguous to or touching and, when used with respect to a lot or site,
means the lot or site touches upon another lot, site, right-of-way, or piece of land and shares a property line or
boundary with it.
Accessibility: means that all individuals regardless of their physical abilities can safely and freely enter or use a
space without having to encounter and navigate obstacles that are not inherent to the facility design.
Accessory Building or Structure: means a building or structure erected in conjunction with or subsequent to the
erection or establishment of the principal building or use to which it is accessory, and is subordinate or naturally
and normally incidental to, and located on the same zoning site as, the principal building or use.
Accessory Building or Structure, Attached: means an accessory building or structure that is
substantially attached to and treated the same as the principal building to which it is accessory.
Accessory Building or Structure, Detached: means an accessory building or structure that is entirely
detached from and treated differently than the principal building to which it is accessory.
Accessory Use: means a subordinate or incidental use of a building or site that may only be established in
conjunction with or subsequent to the establishment of the principal use or uses to which it is accessory.
Act, the: means The Planning Act (C.C.S.M. c. P80) of Manitoba and any amendments thereto.
Adjacent: means contiguous or would be contiguous if not for a river, rail line, road, utility right-of-way, and/or
any other land identified in this By-law as adjacent land for the purpose of notification.
Alteration: means a change or modification to an existing building, structure, or use which, unless otherwise
provided for herein, does not increase the exterior dimensions with respect to area and height.
Alteration, 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;
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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.
Alteration, 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.
Applicant: means a registered owner or an owner's authorized agent, who has filed an application subject to the
provisions of this By-law.
Awning / Marquee: means any roof-like structure, which may be constructed as an integral part of a building or
attached in such a manner as not to be an integral part of a building, but is so constructed to provide shelter or
shade over an entrance way or a window.
B
Bareland Condominium: means a condominium plan upon which one or more units are defined by delineation of
horizontal boundaries of the unit without reference to any buildings.
Basement: means the portion of a building or structure which is wholly partially below grade, with not more than
one-half of its height from finished floor to finished ceiling located above grade.
Boarder: means a person who is provided lodging in exchange for a fee or services at another's residence.
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 of: means the total number of storeys in a building or the vertical distance measured
from grade to the highest point of the roof surface for flat and shed roofs, to the deck for a mansard
roof, and to the mean height level between eaves and ridge for gable and hip roofs.
Building Location Certificate: means survey performed by a Manitoba Land Surveyor for the location of
buildings on a property including any buildings or structure that encroach from neighbouring properties.
Building Site Grade: means the site grade elevation of the finished ground surface immediately adjacent to the
foundation of a building.
Buffer: means an area of land that is intended to provide a means of separating two types of development that
are generally incompatible. Typically buffers consist of tree planted areas providing a visual barrier between two
types of development, and which also serve as a measure of controlling the movement of other nuisances, such
as dust.
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C
Caliper: means the trunk diameter of a tree measured at a point 1 foot above the top of the root ball.
Cannabis: means cannabis as defined in The Cannabis Act (Canada).
Caretaker's Residence: means an accessory dwelling on a non-residential property occupied by one or more
persons who operate or oversee the principal use of the site; namely places of religious assembly.
Carport: means an attached building open on two sides for the shelter of privately owned automobiles.
Controlled Area: means, in the case of a limited-access highway or freeway, the area on each side of the
highway that is within 125 feet of the outer edge of the road allowance, and any additional area established as a
controlled area under the Controlled Areas and Limited-Access Highways Regulation under The Transportation
Infrastructure Act and any amendments thereto.
Conditional Use: means a use of a building or site identified as a conditional use in this By-law that may be
approved in accordance with The Planning Act. Conditional uses are uses that may have unique or widely varying
operating characteristics, potential operational or other impacts on adjacent properties, or unusual site
development demands, which require special consideration and the opportunity for public feedback.
Conditional Use Order: means an order in respect of an application for a conditional use.
Condominium: means condominium as defined in the The Condominium Act.
Council: means the elected council for the Town of Ste. Anne.
D
Density: means the total number of dwelling units in relation to the total land area to be developed, expressed as
a ratio of dwelling units per land area in square feet.
Designated Officer: means the person appointed by the Town of Ste. Anne Council to carry out duties and
responsibilities assigned to that person by the Council, included but not limited to those outlined herein.
Development: means development as defined in The Planning Act.
Development Permit: means a permit authorizing development that is subject to the Town's zoning by-law,
issued by the Town of Ste. Anne.
Development Plan: means the Town of Ste. Anne Development Plan, as adopted by By-law, and any
amendments thereto.
Dimensional Standards: means a development requirement that establishes standards for site sizes, the form
of buildings and structures on a site, and the buildable area within which buildings and structures can be
located, including lot coverage, required yards, height, site area, and other standards defined in PART 3.
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Dwelling: means one or more rooms used or intended to be used as a single housekeeping unit with cooking,
sleeping and sanitary facilities.
E
Enlargement: means an addition to the floor area of an existing building or structure, or an increase in the
portion of a parcel of land occupied by an existing use.
Extension: means an increase in the amount of existing floor area used for an existing use, within an existing
building.
Exterior Wood Burning Furnace: means an outdoor solid fuel combustion unit that is used to heat the interior of
a principal building, but does not include fire pits or enclosures intended for recreational use.
F
Family: means one or more persons voluntarily associated, plus any dependents, living together as an
independent, self-governing single housekeeping unit.
Flood Proofed: means measures taken to ensure that a structure or building is safe from the effects of flooding
and includes prohibiting openings of any kind such as windows, doors and vents, or electrical equipment below
the flood datum.
Flood Protection Level: means, in reference to a building site's elevation, a point that is 2 feet above the two-
hundred year flood level as determined by the Government of Manitoba.
Flood Risk Area: means land adjacent to a watercourse that is divided into two parts: the Floodway and the
Floodway Fringe. The Floodway includes the area where the majority of floodwaters pass; the Floodway Fringe
includes the area outside the Floodway that may be subjected to periodic flooding or inundation of floodwaters.
Floor Area: means the sum of the gross horizontal areas of all floors of the buildings and structures located on a
zoning site, measured from the exterior faces of exterior walls, or from the centre line of partitions, excluding
spaces in a basement, cellar, penthouse or on a rooftop used for the storage of mechanical or heating
equipment, and any space within the building used for accessory parking or loading.
Frontage: means all that portion of a site fronting on a street and measured between side site lines.
G
Garage: means an accessory building or part of a principal building designed and used primarily for the storage
of motor vehicles and may also include the incidental storage of other personal property. The term garage
includes carports.
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H
Habitable Room / Space: means a room or enclosed space used or intended to be used for living, sleeping,
cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers,
corridors, closets, storage rooms, and rooms in basements or cellars used only for recreational purposes.
Hazardous Areas: means an area of land having inherent environmental hazards that have caused or may cause
risk to health, safety, life, and property, which includes, but is not limited to, the following conditions:
(I) Flooding of local watercourses or water bodies;
(II) Erosion or cutting of land due to the action of water in an adjacent watercourse or water body;
(III) River bank instability or slumping;
(IV) Landslides, including mudslides;
(V) Subsidence; and,
(VI) Local ponding due to improper surface drainage.
Hazardous Materials: means any materials that are buoyant, flammable, toxic, or explosive.
I
Infill Development: means any type of development occurring on unused and/or underutilized lands within the
existing built-up area of the Town which is currently serviced with municipal infrastructure.
J
[reserved]
K
Kennel: means kennel as defined in Town of Ste. Anne Animal Control By- Law. The term kennel does not include
veterinary clinics, animal hospitals, or pet grooming establishments.
L
Landscaping: means any combination of trees, shrubs, flowers, grass, or other horticultural elements, decorative
stonework, paving, screening, or other architectural elements, all of which are designed to enhance the visual
amenity of a site or to provide a screen between sites in order to mitigate objectionable features between them.
Lane: means a public thoroughfare not more than 33 feet in width that affords only a secondary means of
access to abutting sites and which is not intended for general traffic circulation.
Livestock Operation: means livestock operation as defined in The Planning Act.
Loading Aisle: means that portion of a loading facility or area that provides vehicular access to a loading space,
not directly from a driveway or street. May be shared with a parking aisle.
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Loading Area: means an open area of land, not including within a public right-of-way, or an area within a
structure used for the loading and unloading of materials, merchandise, or people from motor vehicles.
Loading Driveway: means that portion of a loading facility or area that provides vehicular access to a loading
aisle or space. May be shared with a parking driveway.
Loading Space: means that portion of a loading facility or area, excluding vehicle manoeuvring areas such as
aisles and driveways, that will accommodate one motor vehicle.
Lot: see parcel of land definition.
Lot Line: means one of the fixed boundaries defining the area of the lot.
M
Manufactured Home: means a factory built dwelling unit certified prior to its placement on the lot as having
been built as a modular home in accordance with CSA building regulations, being placed on a permanent
foundation, having its chassis or frame permanently removed, and arriving at the site ready for occupancy apart
from incidental operations and servicing connections.
Mobile Home: means, as defined in CSA standards, a portable dwelling unit that is designed or used for
residential occupancy, built upon or having a frame or chassis to which wheels may be attached for
transportation purposes, whether or not such structure actually has at any time such wheels, or is jacked up or
skirted. Does not include campers, motor homes, or similar recreational vehicles.
Modular Home: means a dwelling which is manufactured or fabricated off-site in two or more near complete
standardized sections or units, and then assembled on a foundation at the building site.
Motor Home: means a certified and licensed vehicular structure, as defined in The Highway Traffic Act, that is
used for recreational travel and temporary accommodation, and is not connected to municipal services.
N
Non-Conforming / Non-Conformity: means any use, structure, sign, or parcel of land, individually or in
combination, which lawfully existed prior to the effective date of this By-law, but that does not conform to one or
more of the applicable standards on the effective date of this By-law.
Nuisance: means anything that interferes with the use or enjoyment of property, endangers personal health or
safety, or is offensive to the senses.
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O
Outdoor Storage: means the storage of merchandise, goods, inventory, materials or equipment or other items
that are not intended for immediate sale outdoors rather than in a completely enclosed structure.
Owner: means owner as defined in The Planning Act.
P
Parcel of Land: means the aggregate of all land described in any manner in a certificate of title.
Parking Aisle: means that portion of a parking facility or area that provides vehicular access to a parking space,
not directly from a driveway or street.
Parking Area: means an open area of land, not including on a street or lane, or an area within a structure used
primarily for the parking of vehicles.
Parking Driveway: means that portion of a parking facility or area that provides vehicular access to a parking
aisle or space.
Parking Space: means that portion of a parking facility or area, excluding vehicle manoeuvring areas such as
aisles and driveways, that will accommodate one motor vehicle.
Parking Space, Accessible: means that portion of a parking facility or area, excluding vehicle
manoeuvring areas such as aisles and driveways, that will accommodate one motor vehicle and that
has been designed and dimensioned in order to accommodate persons with disabilities, consistent with
The Accessibility for Manitobans Act and the associated standards herein.
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.
Performance Standard: means a standard established to control appearance, quality of materials, noise, odour,
smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by, or inherent in,
the use or use of a site, building, or structure.
Permitted Use: means the use of a site, building, or structure permitted in a zoning district by this By-law for
which a Development Permit may be issued without the need for special administrative review or approval, upon
satisfaction the use is in conformance with the standards and requirements of this By-law.
Portable Garage: means an accessory structure composed of a membrane material, including but not limited to
canvas, plastic, nylon, or visqueen, which is supported by a rigid framework of poles, ropes, and/or pegs and
commonly used for storing goods, covering vehicles, or other uses of a similar nature.
Principal Building: means the primary or predominant building on any site.
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Principal Use: means the primary or predominant use on any site or within any building or structure.
Prohibited Use: means a use that is not permitted in a zoning district.
Q
[reserved]
R
Riparian Area: means an area of land on the banks of or near a water body that are capable of naturally
supporting an ecosystem that is distinct from the ecosystem of the adjacent upland areas.
Road Allowance: means a registered public street right-of-way.
S
Site: means an area of land comprised of one or more abutting lots in a registered plan of subdivision under the
same landowner, or the aggregate of all contiguous land described in a certificate of title or in more than one
certificate of title, provided both certificates of title are under the same landowner.
Site, Corner: means a site situated at the intersection of two or more public streets, where the interior
angle of such intersection does not exceed 135 degrees.
Site, Flag: means a site lacking the required minimum site width or frontage on an existing or
proposed street but having direct access to that street by means of a narrow access corridor.
Site, Interior: means any site other than a corner, reverse corner or through site.
Site, Irregular: means an irregularly shaped site, the front, rear, and/or side site lines of which cannot be
defined as provided for herein, and shall be determined by the Designated Officer.
Site, Reverse Corner: means a corner site, the rear site line of which abuts the side site line of another
site.
Site, Through: means a site that abuts two or more public streets but does not abut the intersection of
those streets.
Site, Zoning: means a site that is occupied, or is intended to be occupied, by a permitted or conditional
use and any approved buildings or structures associated therewith, together with any yards and
setbacks required by this By-law; and, has frontage on a public street, an unimproved public street that
will be improved pursuant to an agreement with the Town, or other lawful means of access permitted
by this By-law; and, which conforms to the site area and width requirements of the zoning district within
which it is located, unless otherwise provided for by this By-law.
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Site Area: means the amount of gross land area contained within the site lines.
Site Coverage: means the percentage of the total site area covered by buildings. It is calculated by dividing the
square footage of all the building footprints on the site, measured at the lowest storey above grade, by the
square footage of the site area, excluding the following non-enclosed structures and site features:
(I) Areas covered by open outdoor swimming pools and hot tubs;
(II) Open decks, landings, and stairs less than 4 feet above grade;
(III) Accessory structures with a cumulative site coverage of less than 125 square feet; and,
(IV) Any permitted projections.
Site Depth: means the horizontal distance between the centre points of the front and rear site lines.
Figure 6 - Site Depth
Site Grade Elevation: means either the elevation of the finished ground surface at any specific reference point,
at any point on the slope between two specific reference points on a site, or a combination thereof as
determined by the Designated Officer.
Site Line: means one of the fixed boundaries defining the area of the site.
Site Line, Front: means, in the case of an interior site, the site boundary that abuts the public street; or,
in the case of a through site, both site boundaries that abut public streets; or, in the case of a corner
site, the frontage that is a continuation of the front site line of an abutting interior site or, if none, those
frontages that, as front site lines, accord with the intent and purposes of yard and site requirements.
Site Line, Rear: means the site boundary that is most nearly parallel to the front site line; or, any site
boundary that is in whole or in part the rear site line of an abutting site and as a rear site line accords
with the intent and purpose of yard and site requirements; or, in the case of a site where the side site
lines intersect, the rear site line is deemed to be a line 10 feet in length, located within the site, parallel to
and at the maximum distance from the front site line.
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Side Line, Side: means any boundary of a site which is not a front or rear site line.
Figure 7 - Site Lines
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 50 feet from the front site line, whichever is the lesser.
Sleeping Unit: means a habitable room, or a group of two or more habitable rooms, not equipped with self-
contained cooking facilities, providing accommodation for not more than two persons.
Stacking Space: means an on-site queuing area for a passenger vehicle that is separated from other vehicular
traffic and pedestrian circulation by barriers, markings or signs.
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.
Street: means a public thoroughfare or highway, but does not include a public lane.
Structure: means a feature 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, light
standards, decks, and antennas.
T
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Temporary Buildings / Uses: means an incidental use, building or structure for which a Development Permit has
been issued for a limited time only by the Designated Officer.
Travel Trailer: means a certified and licensed portable vehicle designed for carrying persons as temporary
accommodation for recreational purposes that is towed by a motor vehicle.
Two-Hundred Year Flood: means a flood that, on average, is statistically expected to happen once in 200 years,
as the probability of it occurring in any given year is 0.5%.
U
Use: means the purpose or activity for which a parcel of land, building, or structure is designed, arranged,
developed or intended, or for which it is occupied or maintained.
V
Variance: means the modification of a regulation in this By-law.
Variance Order: means an order in respect of an application for a variance.
W
Watercourse: means the channel in or bed on which surface water flows or stands, whether continuously or
intermittently, but does not include a dugout, reservoir, intermittent slough, drainage ditch or intermittent stream
that is completely surrounded by private land controlled by the owner or operator of an agricultural operation
and that has no outflow going beyond the private land.
X
[reserved]
Y
Yard: means an open area unobstructed from the ground to the sky, unless otherwise provided for herein,
measured from the closest exterior wall of a building to the boundary of the site on which it is located.
Yard, Corner Side: means the yard extending along the side site line of a reverse corner site from the
front yard to the rear yard, the depth of which is measured perpendicularly from the nearest wall of the
principal building to the side site line.
Yard, Front: means the yard extending along the full length of the front site line, the depth of which is
measured perpendicularly from the nearest wall of the principal building to the front site line.
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Yard, Side: means the yard extending along the side lot line from the front yard to the rear yard, the
depth of which is measured perpendicularly from the nearest wall of the principal building to the side
site line.
Yard, Rear: means the yard extending along the full length of the rear site line, the depth of which is
measured perpendicularly from the nearest wall of the principal building to the rear site line.
Yard, Required: means the yard measured from a front, rear, or side site line towards the interior of the
site, within which no building or any part of a building may be located, unless permitted herein.
Figure 8 - Yards
Z
Zoning District: means an area for which this by-law has established uniform regulations and requirements
governing the use, dimensions, and operational characteristics of buildings and premises located within the
zoning district, as depicted on the zoning map or maps.
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7.2
SIGN DEFINITIONS
Sign: means any writing (including letter, word or numeral), pictorial representation (including illustration or
decoration), emblem (including device, symbol or trademark), banner, pennant or any other figure of similar
character, which directs attention to a building, use, business, commodity, service, or entertainment.
Sign, Abandoned: means a sign which no longer correctly identifies a business or the products and
services offered on the site where the sign is located, or any sign which is not in a readable state.
Sign, Accessory: means a sign directing attention to a business, commodity, service, or entertainment
conducted, sold, or offered upon the same site where the sign is located.
Sign, Advertising: means a sign directing attention to a business, commodity, service, or entertainment
conducted, sold, or offered on a different site than where the sign is located.
Sign, Attached: means a sign that is structurally attached to the exterior of a building, including awning,
fascia, wall, projecting, and other attached or wall-mounted forms.
Sign, Awning: means a sign that is incorporated into the material of an awning and does not extend
vertically or horizontally beyond the extent of the awning.
Sign, Billboard Advertising: see Use Class definitions.
Sign, Building Identification: means a sign that identifies a building by name, logo, or address.
Sign, Construction: means a sign which identifies a construction project and information relative
thereto that is temporary in nature.
Sign, Digital: means a sign that uses electronic screens, light emitting diodes, or similar technology.
Digital signs may include but are not limited to digital reader boards or digital static copy screens.
Sign, Directional: means a sign directing or regulating vehicular traffic, pedestrians, and other members
of the traveling public by indicating street names, points of access and egress, routes, and similar
information.
Sign, Event: means a sign that indicates the time, date, and type of event or events scheduled for a
venue located on the same site or lands.
Sign, Fascia / Wall: means a sign attached to or inscribed on a wall or other exterior surface, and
having the exposed face of the sign on a place approximately parallel to the plane of such wall or
exterior surface, and projecting not more than 1.5 feet from the face of such wall. May include a sign
attached to a marquee.
Sign, Flashing: means an illuminated sign which contains an intermittent or flashing artificial light
source rather than maintaining the illumination at a constant intensity and colour.
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Sign, Freestanding: means a sign that is designed as a unit with a permanent, independent structural
support that is not attached to a building, including pylon and ground oriented signs.
Sign, Illuminated: means a sign that transmits or reflects light from an artificial source.
Signs, Non-Conforming: any sign found to be in contravention of the regulations of this By-law.
Sign, Portable: means a sign which is mounted on a trailer, stand, or other support structure which is
designed in such a manner that the sign can be readily taken down or relocated, and which may include
copy that can be changed through the use of removable characters, panels, or by electronic means.
Sign, Projecting: means a sign attached to a building, which extends perpendicularly beyond the
surface of that portion of the building to which it is attached.
Sign, Real Estate: means a sign advertising the sale, rental or lease of the premises on which it is
located.
Sign, Roof: means any sign erected wholly upon, against, or above the roof of any building, or on top of
or above the parapet of a building.
Sign, Sandwich Board: means a sign that is not permanently affixed to the ground or attached to a
building or structure and that includes a top hinge, to allow for an A-frame configuration, with sign faces
on either side of the hinged joint.
Sign, Temporary: means a sign which is not permanently anchored to a footing extending below grade
or permanently affixed to, or painted on, a building or structure. Temporary signs include political
campaign signs, real estate signs, construction signs, sandwich board signs, garage sale signs,
community event signs, and inflatable signs, but do not include portable signs.
Sign, Use Identification: means a sign that identifies a business, service, institution, owner, or resident
by name, logo, slogan, or any combination thereof and which may direct attention to a business, service,
or commodity conducted, offered, or sold on the same site or lands.
Sign, Wayfinding: means a sign located on or off-site providing direction to, and information about, a
specific attraction, enterprise or activity, which does not contain general advertising.
Sign, Window: means a sign which is painted on, attached to, or installed on a window, or displayed
near a window, for the purpose of being viewed from outside the premises.
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Figure 9 - Sign Examples
Sign Copy: means letters, graphics, or characters that comprise the sign message.
Sign Copy Area: means the area of a sign covered by a single rectangle drawn around the extremities of the
message contained on the sign.
Sign Height: means the vertical distance measured from the highest point of the sign or sign structure to grade.
Sign Surface Area: means the entire area of the sign on which copy is intended to be placed, together with any
material, colour, shell, frame, base or structure that is used to differentiate the sign from its backdrop.
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7.3
USE CLASS DEFINITIONS
7.3.1
Principal Uses
Residential and Residential Related
Boarding House: means a building, including but not limited to a single-unit dwelling or portion thereof, in which
living units with sleeping areas and some combination of shared or separated bath, toilet and cooking facilities
are provided for tenants in exchange for compensation. May otherwise be commonly referred to as a lodging
house or rooming house, but does not include hotels, motels, or group homes.
Group Home: means a residential dwelling in which individuals, exclusive of supervisory staff, live as a
residential unit under the responsible supervision consistent with the particular requirements of its residents.
Each home must meet applicable Provincial licenses and requirements.
Live-Work Unit: means a residential dwelling unit that includes working space or a commercial business
establishment, regularly used by one or more residents of the dwelling unit, and whereby each "live" and "work"
component within the unit has an independent entrance from the outside in addition to interior access between
the "live" and "work" components, but does not include a home-based business.
Multiple-Unit Dwelling: means a building located on a single site containing three or more principal dwellings,
such as apartment buildings and condominium complexes.
Planned Unit Development (PUD): means a land development project planned as an entity in accordance with a
unitary site plan, which permits flexibility in the siting of buildings, mixing of uses, and housing types, and which
may feature usable open spaces, multiple building owners, and preserved natural areas.
Row Housing: means a development consisting of a building containing a row of three or more principal
dwellings joined in whole or in part at the side only, with none of those dwellings being placed over another in
whole or in part, and with each dwelling having separate, individual, and direct access to ground level.
Single-Unit Dwelling: means a building located on a single site containing one residential dwelling unit, which is
separate from any other dwelling or building, but does not include mobile homes.
Two-Unit Dwelling: means a building located on a single site containing two dwellings horizontally divided along
a party wall or vertically divided at the ceiling of the ground-floor dwelling, with each dwelling having its own
independent entrance, such as a duplex or side-by-side.
Commercial
Auction Establishment: means a use that is specifically intended for the auctioning of goods and equipment,
including the temporary storage of such goods and equipment.
Automotive / Recreational Vehicle Sales and Rentals: means the retail sale or rental of new or used
automobiles, motorcycles, snowmobiles, tent trailers, utility trailers, boats, travel trailers or similar light
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recreational vehicles or crafts, together with incidental maintenance services and sale of auto parts. This use
includes automobile dealerships, car rental agencies, and motorcycle dealerships.
Business Support Services: means an establishment providing support services to businesses such as the
printing, duplicating and binding of documents or the sale, rental, repair or servicing of office equipment and
furnishings, as well as maintenance, custodial, or security services for related facilities. Typical Uses include
printing establishments, janitorial firms and office equipment sales and repair establishments.
Campground: means a development of land which has been planned and improved for the seasonal short term
use of motor homes, tents, campers and similar recreational vehicles and is not used as year round storage, or
accommodation for residential use. Typical uses include recreational vehicle parks, campsites and tenting
grounds.
Cannabis Retail Store: means the premises specified in a retail cannabis licence where the retail sale of
cannabis is authorized.
Catering Service Establishment: means the use of a premises for the preparation of food or beverages on-site,
strictly for the consumption of these products off-site.
Eating / Drinking Establishment: means a use involving the preparation of food or drink to be consumed by the
public, whether on or off the premises, including drinking establishments licensed under the Liquor and Lotteries
Act, restaurants, cafes, delicatessens, commercial catering kitchens, lunchrooms, and bakeries.
Greenhouse / Plant Nurseries: means a development used primarily for the propagation, storage, and
distribution of plants, but does not include cannabis production or the sale of landscaping related products.
Hotel / Motel: means a building or portion of a building used for the provision of rooms or suites for temporary
sleeping accommodation in exchange for a fee, which may or may not include kitchen facilities within the rooms
or suites, and where access to rooms and suites is provided by means of a common interior corridor or
individual exterior entrance. Hotels and Motels may include incidental or associated Eating and Drinking
Establishments, meeting rooms, and establishments offering Personal Services.
Market, Indoor: means a development used for the sale of new or used goods by multiple vendors renting tables
or space in an enclosed building. Vendors may vary from day to day, although the general layout of space to be
rented remains the same. The goods sold typically include general household items, tools, electronic equipment,
food products or concessions, plants, clothing, art pieces, and furniture.
Pawnshop / Payday Loan Services: means a use where money is loaned on security of personal property left in
pawn and pledged as collateral for the loan and where such property may be redeemed by the seller in a fixed
period of time or sold to the general public, or an establishment offering an advance of money in exchange for a
post-dated check, a pre-authorized debit payment, or future payment of a similar nature.
Personal Services: means a business predominantly providing a service directly to a client, such as a hair salon,
spa, laundromat, dry-cleaner, and other establishments of this nature, but does not include health services. The
sale of goods, if applicable, shall be accessory to and related to the service business.
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Pet Grooming Establishment: means an establishment used for the grooming of domestic animals, including
bathing, cutting of hair, trimming of nails, and other services associated with the act of grooming. This use may
include the incidental sale of related items, but does not include animal shelters or kennels.
Professional, Financial, and Office Services: means a use related to the provision of professional, management,
administrative, consulting, and financial services, but does not include health services or government services,
nor the processing, storing, or selling of goods for any associated businesses. Typical uses include, but are not
limited to: the offices of lawyers, accountants, engineers, and other professions; banks, credit unions, and similar
financial institutions; and, clerical, secretarial, or administrative services.
Retail Store, Convenience: means a development used for the retail sale of those goods required by area
residents or employees on a day to day basis, from business premises which are of a neighbourhood scale.
Typical uses include but are not limited to small-scale grocers, drug stores, and variety stores selling
confectionary, beverages, pharmaceutical and personal care items, as well as hardware or printed matter.
Retail Store, General: means a development used for the retail or consignment sale of new goods or
merchandise within an enclosed building, including groceries and beverages, household goods, furniture and
appliances, recreation equipment, hardware, printed matter, pharmaceutical and personal care items,
automotive parts and accessories, office equipment, stationary, domestic animal supplies, and similar types of
goods. Incidental uses may include the assembly or repair of products sold on site, or minor public services
such as a post office or pharmacy. This use does not include the sale of gasoline, cannabis, heavy agricultural or
industrial equipment, or adult movies, nor does it include pawnshops or massage parlours.
Sign, Billboard Advertising: means a sign displaying copy that directs attention to a business, activity, product,
or service that are not the principal products sold or the principal business, activity, or service that is provided
onsite. This use Includes attached and free-standing sign forms.
Studio, Fitness / Wellness: means a commercial establishment equipped for exercise and/or leisure-time
activities which may be conducted independently or at the direction of an instructor within an enclosed facility.
Typical uses include gymnasiums, health clubs, yoga studios, spas, and similar types of facilities.
Warehouse Sales Facility: means a use involving the wholesale or retail sale of a limited range of bulky goods
where the size and nature of the goods being sold typically requires large floor areas for direct display to the
purchaser, including furniture, gardening supplies, flooring, appliances, and building materials.
Cultural and Entertainment Use Class
Amusement Establishment, Indoor: means a use involving one or more participants playing table, video,
cooperative, or interactive games in an enclosed facility. Typical uses include bowling alleys, escape rooms, pool
halls, arcades, bingo halls, and similar participant activities. This use does not include casinos or other licensed
gaming establishments.
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Amusement Establishment, Outdoor: means a development providing primarily outdoor facilities for one or
more participants to engage in activities for general amusement. Typical uses include race tracks, paintball
facilities, miniature golf courses, watercraft rentals, amusements parks, and similar participant activities.
Casino / Gaming Establishment: means a development providing facilities for patrons to participate in gaming
opportunities as the principal use. Typical uses include casinos or gaming centres and clubs licensed under the
Liquor, Gaming and Cannabis Authority of Manitoba. This use does not include facilities used for infrequent
bingo or other community gaming activities, nor establishments with accessory VLTs.
Entertainment Establishment, Indoor: means a use that is primarily spectator-oriented involving the showing of
motion pictures or live dramatic, musical, dance, or interpretive performances within an enclosed facility. Typical
uses include cinemas, theatres, concert halls, auditoriums, and similar facilities.
Entertainment Establishment, Outdoor: means a use that is primarily spectator-oriented involving the showing
of motion pictures or live dramatic, musical, dance, or interpretive performances in an outdoor setting. Typical
uses include outdoor stage venues, pavilions, amphitheatres, and similar facilities.
Library / Museum / Gallery: means a use involving the collection of literary, artistic, musical, or similar reference
materials in the form of books, manuscripts, recordings and films intended for public use through various forms
of media. This may also include uses involving the collection, preservation, and exhibition of works or objects of
historical, cultural, artistic, or scientific value, as well as uses of a similar nature.
Private Club: means a development used for the meeting, social or recreational activities of members of a non-
profit philanthropic, social service, athletic, business or fraternal organization, without on-site residences. Private
Clubs may include rooms for eating, drinking and assembly.
Studio, Media: means a use intended for the creation, production, and/or circulation of audio or visual materials
that are broadcasted or otherwise communicated through technological means to an off-site audience. Typical
uses include internet content providers, game designers, and film or television studios.
Studio, Performing Arts: means a use intended for those engaged in the application, teaching, or performance
of fine arts such as drawing, painting, illustrating, writing, dancing or sculpting, as well as vocal, instrumental, or
electronic music, which may or may not be open to members of the public.
Community and Institutional Use Class
Childcare Services: means a use involving care, educational activities, and supervision of children in the daytime
and evening, licensed by the Government of Manitoba under The Community Child Care Standards Act. Typical
uses include preschools and daycares, but does not include overnight accommodations.
Community Centre: means a public facility where residents of the Town and visitors thereto can meet and
participate in social, educational, or recreational activities, as well as rent such facilities for special events.
Community Garden: means an area managed by a non-profit organization, a community-based entity, or
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a public entity where members of the community may grow plants for beautification, education, recreation,
community distribution or personal consumption and use.
Education Support Services: means a use involving the private instruction of one or more students seeking
educational support. Typical uses include, but are not limited to private tutoring, language lessons, and
continued learning classes. This use does not include primary, secondary, or post-secondary schools.
Funeral Services: means a development used for the preparation of the deceased for burial or cremation, and
the holding of funeral services. This use includes funeral homes and undertaking establishments.
Health Services: means a use primarily related to the provision of physical and mental health services on an out-
patient basis, which may be of a diagnostic, treatment, counselling, rehabilitative, or therapeutic nature. Typical
uses include, but are not limited to dental offices, medical clinics, and counseling offices.
Institutional Residence: means a use, licensed under applicable provincial legislation and regulations, intended
to provide housing and support services for one or more residents who meet the provincial definition for "elderly
person" or "infirm person" under The Elderly and Infirm Persons' Housing Act. Typical uses include nursing
homes, personal care homes, assisted living facilities, and rehabilitation homes.
Public Park / Playground: means a development of public land specifically designed or reserved for the general
public for active or passive recreational use and includes all natural and human-made landscaping, facilities,
playing fields, buildings and other structures that are consistent with the general purposes of public parkland.
Typical uses include tot lots, interpretive centres, picnic grounds, pedestrian trails and paths, landscaped buffers,
play structures, splash pads, natural reserves, and athletic playing fields.
Recreation Facility, Indoor: means a private or public facility at which athletic activities take place within an
enclosed building. Typical uses include recreation and leisure centres, hockey arenas, curling and skating rinks,
swimming pools, climbing walls, racquet clubs, running tracks, and similar types of facilities.
Recreation Facility, Outdoor: means a private or public facility at which athletic activities take place in an
outdoor setting. Typical uses include soccer, baseball, and football playing fields, skateparks, basketball and
tennis courts, swimming pools, golf courses, running tracks, lawn bowling greens, and similar facilities.
Religious Assembly: means a place of worship and related activities. Typical uses include churches, chapels,
mosques, temples, synagogues, parish halls, convents and monasteries.
Research Institution: means a use involving scientific or academic research, product design, development, and
testing, and limited manufacturing necessary for the production of prototypes.
School, Primary / Secondary: means an accredited education facility under public, private, or religious
sponsorship providing instructional services to students from kindergarten through to grade twelve.
School, College / Trade: means an accredited education facility providing post-secondary instruction and to
students enrolled in university, college, trades, and technical or vocational programs. This use includes incidental
or associated student residences, cafeterias, recreation facilities, and research institutions.
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Social Service Centre: means a use providing social or welfare services to those in need, for no fee or
compensation, or at a fee recognized as being significantly less than charged by for-profit organizations. Typical
uses include information and referral services, counselling, aid through the provision of food or clothing, life skill
and personal development programs, and general drop-in or activity space.
Veterinary Clinic / Animal Shelter: means a development used for the accommodation, treatment, and care of
animals where veterinary services primarily involve outpatient care and minor medical procedures. This use
does not include animal kennels or peg grooming establishments.
Private Motor Vehicle Use Class
Automotive and Equipment Repair Service: means a development used for the servicing and mechanical repair
of automobiles, motorcycles, snowmobiles and similar vehicles and/or the sale, installation and servicing of
related accessories and parts. This use includes transmission shops, muffler shops, tire shops, upholstery
shops, and automotive glass shops, but does not include rapid vehicle service establishments or body repair and
paint shops.
Car Wash: means a facility for the cleaning of automobiles or other motor vehicles, whether operated by the
public or by on-site employees.
Fuel Sales: means a use that involves the retail sale of gasoline and other petroleum products to the public,
along with the incidental sale of motor vehicle products and/or packaged confectionary and beverages. This use
does not include card-lock fuel sales or service stations.
Parking, Non-Accessory: means a use involving motor vehicle parking that is not primarily intended for
residents, employees, or customers of an onsite development. This use includes unenclosed surface, enclosed
surface, and enclosed above and below-grade parking areas.
Rapid Vehicle Service Establishment: means a development providing rapid cleaning, lubrication, maintenance
or repair services to motor vehicles, where the customer typically remains within their vehicle or waits on the
premises. Typical uses include rapid lubrication shops or speciality repair establishments.
Service Station: means a highway-oriented operation that includes a combination of fuel sales, vehicle repair
services, restaurants, and similar uses intended to serve the trucking industry and travelling public.
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. This use includes card-lock fuel sales.
Basic Service and Utility Use Class
Cemetery: means a development primarily used for the entombment of the deceased, and may include such
incidental uses as crematories, cinerarium, columbarium, mausoleums, and landscaping elements.
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Government Services: means a development providing Municipal, Provincial or Federal government services
directly to the public. Typical uses include government offices, taxation offices, courthouses, correctional
centres and jails, manpower and employment offices, and social service offices.
Hospital: means a use that involves outpatient and inpatient medical treatment and may include overnight
stays. Treatment includes diagnostic, laboratory, surgical, counselling, and rehabilitation of patients.
Protective / Emergency Services: means a development used for accommodating staff and operational
activities required for the public protection of persons and property from harm, injury, or damage, in addition to
storing incidental equipment and vehicles which are necessary for carrying out such services. Typical uses
include police stations, fire stations, ambulance services, and ancillary training facilities.
Public Utility Services: means a use that involves a system, works, plant, pipeline, transmission line, and/or
related facility intended to provide, either directly or indirectly, utility services to the general public under
provincial or municipal regulation. Typical uses include sanitary landfill sites, sewage treatment plants, waste
compaction and transfer, electrical stations and substations, and water treatment plants. This use does not
include private for-profit or commercial scale wind or solar energy generating systems.
Industrial Use Class
Agricultural Implement Sales / Services: means a development used for display, sale and rental of new or used
farm implements that includes repair work.
Bulk Storage Facility: means a use involving outdoor storage or tank storage of large quantities of raw materials
or industrial-related goods such as liquids, fuels, gases, minerals, pipes, fertilizers, and grain.
Contractor Services: means a development used for the provision of building construction, landscaping,
concrete, electrical, excavation, heating, plumbing, paving, road construction, sewer or services of a similar
nature, including the cleaning, servicing, and repairing of household appliances and devices, which may require
on-site storage space for materials, construction equipment, or vehicles normally associated with such services.
This use may include incidental sales, display, office, or technical support services.
Fleet Services: means a development using a fleet of vehicles for the delivery of people, goods or services,
where such vehicles are not available for sale or long-term lease. Typical uses include ambulance services, taxi
services, bus lines, and messenger and courier services.
Heavy Equipment Sales / Rentals: means a use involving the sale, rental, and repair of heavy vehicles,
machinery, or mechanical equipment typically used in building, roadway, manufacturing, assembly and/or
processing operations and agricultural production.
Manufacturing Establishment, Light: means a development used for the assembly, storage, fabrication, and/or
modification of goods and materials that have typically already been treated or processed, where outdoor
storage is minimal and its operations do not ordinarily create noise, smokes, fumes, odours, or safety hazards
outside of the building in which they take place. Typical uses include automotive body repair and paint shops,
kitchen cabinet shops, electronics equipment assembly, and commercial printing facilities.
TOWN OF STE. ANNE ZONING BY-LAW
97
Manufacturing Establishment, Heavy: means a development used for the assembly, storage, fabrication, and/or
processing of goods and materials that are typically of a raw or semi-finished nature, and which may have
impacts on surrounding properties due to noise, smoke, fumes, odours, or safety hazards associated with the
operations of such establishments. Typical uses include asphalt or concrete batching plants, foundries,
chemical plants, abattoirs, plastics manufacturers, and refineries.
Micro-Brewery / Distillery / Winery: means the manufacturing of beer, wine, spirits or other alcoholic beverages.
This use may include the sale of alcoholic beverages to the public for consumption within the premises. Retail
sales of alcoholic beverages for consumption off-site shall be limited to alcoholic beverages that are
manufactured on-site. Incidental uses may include the preparation and sale of food, as well as storage,
packaging, bottling, canning and shipping of products manufactured within the premises.
Recycling Facility: means a development used for the purchasing and temporary storage of bottles, cans,
newspapers and similar household goods for reuse where all storage is contained within an enclosed building.
This use does not include salvage operations and yards.
Salvage Operation / Yard: means the use of any site where two or more motor vehicles of any kind, which are
incapable of being operated due to condition or lack of license or registration, have been placed for the purpose
of obtaining parts for recycling or resale. Building materials, scrap metal, or any other kind of salvage are also
included in this definition, in addition to incidental office and warehouse uses.
Transport Terminal / Freight Yard: means a use that involves the transfer, temporary storage, and distribution
of cargo where trucks and/or trains load and unload on a routine and ongoing basis. This use also Includes
temporary truck and railcar storage while awaiting cargo, as well as incidental office and warehouse uses.
Warehouse Self-Storage Facility: means an enclosed facility that provides storage space to the general public
on a for-hire basis and where outdoor storage or display of materials is not permitted. No other business or
service may be allowed to operate out of a rented storage space.
Agricultural Use Class
Agricultural Storage Facility: means the temporary storage of any agricultural product for future use, delivery or
processing as per The Environment Act.
Agricultural Activities, Limited: means the use of land for lower intensity farming purposes, including the annual
planting, cultivation, and harvesting of crops. This use does not include Livestock Operations.
TOWN OF STE. ANNE ZONING BY-LAW
98
7.3.2
Accessory Uses
Aircraft Landing Field: means the use of land for the take-off and landing of aircrafts and includes
related buildings and structures such as aircraft storage and maintenance hangars, taxiways, and navigational
equipment and facilities.
Bed and Breakfast: means the use of a principal dwelling unit, having acquired the appropriate license(s) in
accordance with provincial regulations, to provide overnight accommodation to the traveling public for a charge,
which may or may not include the provision of meals prepared by the owner/occupant for guests.
Drive-Through Facilities: means a use designed and operated to allow patrons, while outside on the premises in
motor vehicles, to order, request, exchange, or receive goods or services.
Garden Suite: means a self-contained accessory dwelling unit separate from, but located on the same site as, a
single-unit dwelling building. A garden suite must operate independent from the principal dwelling with its own
separate cooking, sleeping, and bath/toilet facilities. This use does not include two-unit dwellings, multiple-unit
dwellings, rooming houses, or group homes.
Figure 10 - Garden Suites
Farmers' Market: means an occasional or periodic market held in an open area or in a structure where an
individual vendor or groups of individual vendors offer for sale to the public such items as fresh produce, arts
and crafts, clothing and accessories, and food and beverages dispensed from booths located on-site.
Home-Based Business: means an occupation, trade, profession, or craft which is operated entirely within or
from a dwelling unit by a full-time resident, being incidental and secondary to its use as a residence, and which
does not alter the exterior of the property or negatively affect neighbourhood character.
Home-Based Daycare: means the provision of child care services within a dwelling unit by a full-time resident,
being incidental and secondary to its use as a residence, but does not include overnight accommodations. The
operation must meet all applicable Provincial legislation and regulations.
Home-Based Industry: means an occupation, trade, profession, or craft which is operated entirely within or from
an accessory building to the principal dwelling by a full-time resident, being incidental and secondary to the use
of the premises as a residence, and which does not negatively affect neighbourhood character.
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Private Swimming Pool: means an artificially constructed basin, lined with concrete, fiberglass, vinyl or like
material, that is capable of containing a water depth greater than 2 feet (24 inches) and that is located on the
property of a single-unit, two-unit, or multiple-unit dwelling. This use includes outdoor hot tubs but does not
include public or semi-public swimming pools as provided for under The Public Health Act.
Secondary Suite: means an accessory and subordinate dwelling unit attached to or located within a principal
single-unit dwelling, which provides basic requirements for living, sleeping, cooking and sanitation.
Figure 11 - Secondary Suites
Shipping Container: means a portable shipping unit or truck box repurposed for commercial, agricultural,
industrial or residential storage purposes.
Solar Collector: means a panel or other solar energy device with the purpose of gathering, storing, and
distributing solar energy for electricity generation, space heating, space cooling, or water heating, primarily
intended to serve the needs of the on-site operator. Typical forms include roof-top solar collectors.
TOWN OF STE. ANNE ZONING BY-LAW
100
PART 8 ZONING MAP
RS-L
AL
RS-L
AL
AL
AL
PR
OS
RS-L
MG
CH
RS-L
PR
RS-L
RM-M
CH
CH
CC
RM-M
CH
CH
RM-M
RM-M
CC
CC
CH
RM-M
CC
CC
RM-M
CC
CH
CC
CC
RS-L
CH
CH
CH
CC
MG
CH
CH
CC
RS-L
RS-L
RS-L
RS-L
RM-M
RS-L
RM-M
RM-M
RS-L
RS-L
PR
RS-L
RS-L
CC
PR
RM-M
RS-L
RS-L
RS-L
RS-L
RS-L
RS-L
RS-L
RS-L
RS-L
RS-L
RM-M
RS-L
RS-L
RS-L
OS
RM-M
RM-M
RM-M
RS-L
CC
RM-M
OS
RM-M
RS-L
AL
I
I
CH
CH
RS-L
RS-L
RS-L
RS-L
CC
CC
RS-L
RS-L
RM-M
RS-L
RS-L
RS-L
RS-L
CC
P.R
.
N
o.
210
Central Avenue / P.R. No.'s 210 and 207
Traverse Road / P.R. No. 632
Finnigan Road
Rue St. Gerard
Langevin Road
Rue Ste. Alphonse
Rue Desautel
Gagnier Bay
Rue Perreault
Rue Vandale
Demers Street
Gagnier Bay
Rue Arena
Le Chemin Riviere
Rue Ste. Alphonse
Tetrault Place
Ave La Verendrye
Finnigan Road
Ridgewood Place
Smith Drive
Tetrault Place
Ch
a
rrie
re
Bay
Beriault Place
Place Vermette
Rue Arena
Parkdale Place
Ricard Drive
Dawson Road
Rue Youville
Desrosiers Place
Chaput Cove
Rue Magnan
Place La Riviere
Ayson Place
Rue De L'eglise
Chemin Charriere
Baie Tougas
Parkdale Place
Parkdale
Cove
Rue St.
Alphonse
P.R. No. 210
Gagnier Bay
Rue St. Gerard
Chemin Charriere
Road Plan 14930
Arthur Fiola Place
Boisjoli Drive
Seine
River
Cros
sing
Seine River Crossing
Voyageur
Oak Lane
Gate
Seine River Crossing
Date: October 14, 2020
o
0
500
1,000
100
200
300
400
Feet
0
50
100
150
200
250
300
350
400
25
Meters
1: 5,350
Service Layer Credits: Source: Esri, Maxar, GeoEye, Earthstar
Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and
the GIS User Community
* Zones not used on current map
ZONE AND ZONE DESCRIPTION
CH, Commercial Highway
RS-L, Residential Single-Family Large
I, Institutional
MG, Industrial General
OS, Open Space
PR, Parks and Recreation
RM-H, Residential Multiple-Family High Density*
RM-M, Residential Multiple-Family Medium Density
RT, Residential Two-Family*
RS-S, Residential Single-Family Small*
CMU, Commercial Mixed-Use*
CN, Commercial Neighbourhood*
AL, Agriculture Limited
CC, Commercial Central
TOWN OF STE. ANNE ZONING MAP
By-law No. 8-2020