Zoning By-Law No. 2245

Steinbach, Manitoba · adopted 2026-01-20

This is the exact embedded text of the captured official document. Snapshot 45677bb59468 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CITY OF STEINBACH BY-LAW NO. 2245 BEING a by-law of the City of Steinbach, in the Province of Manitoba, to regulate and control the use and development of land and buildings within the municipal limits of the City of Steinbach. WHEREAS pursuant to Section 45 of The Planning Act, the City of Steinbach has by By-law adopted the City of Steinbach Official Community Plan; AND WHEREAS Section 68 of The Planning Act provides that a municipal council must adopt a Zoning By-law that is generally consistent with the City of Steinbach Official Community Plan; NOW THEREFORE Council of the City of Steinbach, in meeting duly assembled, enacts as follows: 1. The City of Steinbach Zoning By-law, attached hereto and marked "Schedule A" is hereby adopted; and 2. The City of Steinbach Zoning By-law shall take force and effect on the date of Third Reading of this By-law; and 3. The City of Steinbach Zoning By-law No. 2100, and all amendments thereto are hereby rescinded. DONE AND PASSED in Council assembled in Council Chambers, in the City of Steinbach, Manitoba, this 20th day of January, A.D. 2026. Earl Funk Mayor Troy Warkentin City Manager Read a First time this 1st day of April, A.D. 2025. Read a Second time this 1st day of April, A.D. 2025. Read a Third time this 20th day of January, A.D. 2026. ZONING BY-LAW AMENDMENT LISTING BY-LAW NO. DATE OF ADOPTION DESCRIPTION THE CITY OF STEINBACH ZONING BY-LAW BEING SCHEDULE "A" ATTACHED TO BY-LAW NO. 2245 OF THE CITY OF STEINBACH TABLE OF CONTENTS PART A: ADMINISTRATION ................................................................................ 1 CHAPTER 1: INTRODUCTION ................................................................................................ 2 1.1 Title ................................................................................................................................ 2 1.2 Purpose ......................................................................................................................... 2 1.3 Scope ............................................................................................................................. 2 1.4 Severability .................................................................................................................... 2 1.5 Other Legislation ........................................................................................................... 2 1.6 Effective Date ................................................................................................................ 3 CHAPTER 2: ADMINISTRATION ............................................................................................. 4 2.1 The Designated Officer ................................................................................................. 4 2.2 Duties of the Owner ...................................................................................................... 4 2.3 Amendments ................................................................................................................. 4 2.4 Conditional Uses ........................................................................................................... 4 2.5 Variance Orders ............................................................................................................. 6 2.6 Development Permits .................................................................................................... 6 2.7 Development Not Requiring a Development Permit .................................................... 7 2.8 Non-Conformance ......................................................................................................... 8 2.9 Fees ............................................................................................................................... 9 2.10 Enforcement .................................................................................................................. 9 2.11 City Services ............................................................................................................... 10 CHAPTER 3: INTERPRETATION ........................................................................................... 11 3.1 Interpretation of Provisions and Standards .............................................................. 11 3.2 Illustrations ................................................................................................................. 11 3.3 Rules of Construction ................................................................................................. 11 3.4 Units of Measurement ............................................................................................... 12 3.5 Registered Plans ........................................................................................................ 12 3.6 Zoning Maps ............................................................................................................... 12 3.7 Zoning District Boundaries and Right-of-Way Boundaries ........................................ 12 3.8 Public Land Acquisition .............................................................................................. 12 PART B: ZONING DISTRICTS ........................................................................... 14 CHAPTER 4: ZONING DISTRICTS ........................................................................................ 15 4.1 Zoning Districts .......................................................................................................... 15 4.2 Districts Established .................................................................................................. 15 CHAPTER 5: DISTRICT USE AND SITE STANDARDS ........................................................... 20 5.1 Use and Site Requirements ....................................................................................... 20 5.2 Use Table Symbols ..................................................................................................... 20 5.3 Use Table Organization .............................................................................................. 20 5.4 Interpretation of Uses and Regulations ..................................................................... 20 5.5 Prohibited Uses .......................................................................................................... 21 5.6 Dimensional Standards Table Interpretation ............................................................ 21 CHAPTER 6: OVERLAY ZONING DISTRICTS ........................................................................ 22 6.1 Planned Overlay Districts ........................................................................................... 22 6.2 Central Business District POD ................................................................................... 23 6.3 Transitional District POD ............................................................................................ 25 PART C: DEVELOPMENT STANDARDS ....................................................... 28 CHAPTER 7: GENERAL DEVELOPMENT STANDARDS ........................................................ 29 7.1 Accessory Structures and Uses ................................................................................. 29 7.2 Bare Land Condominiums ......................................................................................... 29 7.3 Fences and Screening................................................................................................ 31 7.4 Flag Lots ..................................................................................................................... 32 7.5 Landscaping and Buffering ........................................................................................ 32 7.6 Lighting ....................................................................................................................... 36 7.7 Lots of Record ............................................................................................................ 37 7.8 Moving of Structures .................................................................................................. 37 7.9 One Dwelling Unit Per Lot .......................................................................................... 37 7.10 Outside Storage .......................................................................................................... 37 7.11 Parking and Loading .................................................................................................. 38 7.12 Pedestrian and Bicycle Access .................................................................................. 45 7.13 Permitted Projections into Required Yards ............................................................... 45 7.14 Permitted Projections Through Maximum Height Limits .......................................... 47 7.15 Public Works and Services ......................................................................................... 47 7.16 Rooftop Equipment .................................................................................................... 48 7.17 Setback Standards ..................................................................................................... 48 7.18 Signs ........................................................................................................................... 48 7.19 Subdivision of Attached Dwellings ............................................................................. 54 7.20 Temporary Buildings and Uses .................................................................................. 55 CHAPTER 8: USE-SPECIFIC DEVELOPMENT STANDARDS ................................................. 57 8.1 Airport and Associated Facilities ............................................................................... 57 8.2 Auction Room ............................................................................................................. 57 8.3 Auditorium/Concert Hall/Theatre/Cinema ................................................................ 58 8.4 Auto/Light Truck/Motorcycle, Repair, Service, Sales and Rental ............................ 58 8.5 Cheque-cashing Facility ............................................................................................. 58 8.6 Data Processing Centre ............................................................................................. 58 8.7 Day Care Centre ......................................................................................................... 58 8.8 Day Care, Home ......................................................................................................... 58 8.9 Drinking Establishment .............................................................................................. 59 8.10 Drive-Through ............................................................................................................. 59 8.11 Dwelling, Multi-Unit .................................................................................................... 59 8.12 Elementary or Middle School ..................................................................................... 59 8.13 Fuel Sales ................................................................................................................... 59 8.14 Home-based Business ............................................................................................... 60 8.15 Industrial Multi-Use .................................................................................................... 61 8.16 Keeping of Animals .................................................................................................... 62 8.17 Kennel or Animal Pound ............................................................................................ 63 8.18 Gallery/Museum/Cultural Centre .............................................................................. 63 8.19 Manufactured Homes and Manufactured Home Parks ............................................ 63 8.20 Medical/Dental/Optical/Counselling Clinic .............................................................. 64 8.21 Metal Shipping Containers......................................................................................... 65 8.22 Office .......................................................................................................................... 65 8.23 Park ............................................................................................................................ 65 8.24 Personal Service Uses (Unless Otherwise Listed) ..................................................... 65 8.25 Place of Worship ........................................................................................................ 65 8.26 Private Club, Not Licensed ......................................................................................... 66 8.27 Public Utility Facility, Minor ........................................................................................ 66 8.28 Recreation Centre, Indoor .......................................................................................... 66 8.29 Recycling Plant ........................................................................................................... 66 8.30 Retail Sales Uses (Unless Otherwise Listed) ............................................................. 66 8.31 Restaurants ................................................................................................................ 66 8.32 Secondary Suites ....................................................................................................... 66 8.33 Senior High School ..................................................................................................... 67 8.34 Solar Energy Generating System, On-Site Use .......................................................... 67 8.35 Supermarket............................................................................................................... 68 8.36 Wireless Communication Towers ............................................................................... 68 8.37 Wrecking or Salvage Yard .......................................................................................... 68 PART D: ZONING MAPS ................................................................................... 69 CHAPTER 9: ZONING MAPS ................................................................................................ 70 PART E: DEFINITIONS ....................................................................................... 71 CHAPTER 10: DEFINITIONS .................................................................................................. 72 10.1 General Definitions .................................................................................................... 72 10.2 Use Class Definitions ................................................................................................. 80 1 LIST OF FIGURES Figure 7-1: Illustration of Auto Court Layout ........................................................................................... 30 Figure 7-2: Illustration of Loop Lane Layout............................................................................................ 31 Figure 7-3: Illustration of Option 1 ........................................................................................................... 35 Figure 7-4: Illustration of Option 2 ........................................................................................................... 35 Figure 7-5: Illustration of Access Aisle Between Parking Spaces .......................................................... 44 Figure 7-6: Illustration of Splitting a Lot Containing Attached Dwellings .............................................. 54 Figure 8-1: Illustration of Runway and Runway Strip .............................................................................. 57 1 LIST OF TABLES Table 4-1: Summary List of Zones ........................................................................................................... 15 Table 6-1 Building Heights in the CBD POD ............................................................................................ 24 Table 6-2 Required Yards in the CBD POD .............................................................................................. 24 Table 7-1: Maximum Heights for Fences and Screening ....................................................................... 31 Table 7-2: Tree Preservation Credits ....................................................................................................... 34 Table 7-3: Required On-Site Parking Spaces .......................................................................................... 39 Table 7-4: Minimum Required Parking Space Dimensions.................................................................... 42 Table 7-5: Accessible Parking Spaces ..................................................................................................... 43 Table 7-6: Loading Spaces Required ....................................................................................................... 44 Table 7-7: Permitted Projection Regulations .......................................................................................... 46 Table 7-8: Permitted Projections Through Maximum Height Limits ...................................................... 47 Table 7-9: District Specific Accessory Sign Regulations ......................................................................... 50 Table 7-10: Advertising / Billboard Height and Surface Area Standards .............................................. 52 Table 7-11: District Specific Mobile Sign Regulations ............................................................................ 53 Table 8-1: Animal Units by Category of Livestock in DR-2 ...................................................................... 62 Table 10-1: Use Table ............................................................................................................................... 91 Table 10-2: Dimensional Standards ........................................................................................................ 96 Table 10-3: Dimensional Standards for Accessory Building, Structure or Use ..................................... 98 1 PART A: ADMINISTRATION CHAPTER 1: INTRODUCTION ................................................................................................ 2 CHAPTER 2: ADMINISTRATION ............................................................................................. 4 CHAPTER 3: INTERPRETATION ........................................................................................... 11 2 Chapter 1: Introduction 1.1 Title 1.1.1 This by-law shall be known as the City of Steinbach Zoning By-law (By-law). 1.2 Purpose 1.2.1 The regulations established by this By-law are deemed necessary in order to: a. Ensure general conformance with the objectives and policies of the Steinbach Official Community Plan (Official Community Plan) and any applicable Secondary Plans; b. Outline the powers and duties of the City of Steinbach Council (Council), the Designated Officer and the landowners and/or developer as they relate to this By-law; c. Regulate the following: (i) all buildings and structures erected hereafter; (ii) all uses or changes in use of all buildings, structures and land established hereafter; (iii) all structural alterations or relocations of existing buildings and structures occurring hereafter; and (iv) all enlargements or additions to existing buildings, structures and uses. 1.3 Scope 1.3.1 This By-law controls and regulates the use and development of land in the City of Steinbach (the City). 1.3.2 This By-law applies to all lands in the City of Steinbach apart from public streets and public pathways. 1.4 Severability 1.4.1 If any part of this By-law, including anything shown on the Zoning Maps, is declared to be invalid for any reason by an authority of competent jurisdiction, that decision shall not affect the validity of the By-law as a whole, or any other part, section, or provision of this By-law. 1.5 Other Legislation 1.5.1 A person applying for, or in possession of, a valid development permit is not relieved from full responsibility for ascertaining and complying with or carrying out development in accordance with: a. The regulations of the Manitoba Building Code as well as applicable municipal or provincial building regulations; b. The Steinbach Official Community Plan; c. The Millbrook Market Secondary Plan; d. Any other appropriate federal, provincial, or municipal legislation; and e. The conditions of any caveat, covenant, site plan, development agreement, variance order or conditional use order, easement, mineral, sand or gravel title, or other instrument affecting a building or land. 3 1.5.2 Whenever a provision of another by-law, law or regulation of the provincial or federal government contains a restriction governing the same subject matter contained in this By-law, or imposes inconsistent regulations with respect to uses, buildings, or structures, the most restrictive or highest standard shall prevail. 1.5.3 The Province of Manitoba and the Government of Canada are not bound or restricted by any regulation in this By-law. The said governments are encouraged, however, to permit only those developments that are consistent with the regulation of this By-law. 1.6 Effective Date 1.6.1 This By-law shall be in full force and effect when the Council of the City of Steinbach has given it third reading. 4 Chapter 2: Administration 2.1 The Designated Officer 2.1.1 The Designated Officer shall be appointed by the Council of the City of Steinbach as the person responsible for the administration of this By-law. 2.1.2 The Designated Officer shall be responsible for issuing zoning memoranda, enforcing building and land use regulations of the City of Steinbach, administering all land use and zoning by-laws, administering the Design Review Process for Planned Overlay Districts, and is given decision- making power for minor variances in accordance with the provisions of The Planning Act (the Act). 2.2 Duties of the Owner 2.2.1 Neither the granting of a development permit, the approval of the drawing and specifications, nor the inspections made by the Designated Officer shall in any way relieve the owner of the responsibility of complying with the requirements of this By-law or of any relevant By-laws of the City of Steinbach, or of complying with the Manitoba Building Code. 2.2.2 Every owner must: a. Permit the Designated Officer to enter any building or premises at any reasonable time for the purpose of administering or enforcing this By-law and must not obstruct or interfere with the Designated Officer in the discharge of their duties under this By-law; b. Provide such documentation as may be required by the Designated Officer if, after the development application has been approved and the permit issued, changes are made to the approved documents filed; and c. Obtain, where applicable, from the appropriate authorities, permits or licenses relating to the buildings, grades, sewers or water supply systems, plumbing, signs, blasting, street access, occupancy, electrical, highways, and all other permits required in connection with the proposed work. 2.3 Amendments 2.3.1 Subject to the procedure required under the 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 property, or their agents, within the area proposed to be changed. An application to amend the zoning by-law must be filed with the Designated Officer and must be accompanied by a site plan, other data and such fees as may be determined by Council. 2.3.2 Council shall give notice and hold a public hearing according to the Act, at which time it shall review all of the facts presented and any representation, study the facts presented, make its findings and determination in writing and shall transmit a copy thereof to all persons who made representations to the meeting. 2.3.3 If Council approves the application, it shall proceed with the adoption of the amendment in accordance with the provisions of the Act. 2.4 Conditional Uses 2.4.1 The development and execution of this By-law is based upon the division of the City into zones, 5 within which zones the use of land and of buildings and structures in relation to the land are substantially compatible. It is recognized, however, that there are certain uses deemed conditional uses which, because of their characteristics, cannot properly be classified in any particular zone or zones without consideration, in each case, of the impact of those uses upon neighbouring land and of the public need for the particular use at the particular location. Therefore, some uses may be deemed 'conditional' in the use table found in Table 10-1: Use Table. 2.4.2 Approval of a conditional land use proposal shall be based on the determination that the proposed use will be consistent with the intent and purposes of this By-law, will comply with all applicable requirements of this By-law, including site plan review, applicable site development standards for specific uses set forth in Chapter 8: , and the following standards: a. The proposed conditional land use must be consistent with the general principles and objectives of the City's Official Community Plan and must promote the intent and purpose of this By-law and of the use district; b. The establishment or maintenance of the conditional use shall not be detrimental to the health or general welfare of the public; c. The conditional use must not alter the character of that zoning district and adjacent uses. In determining whether this requirement has been met, consideration shall be given, but not limited, to: (i) The location and screening of vehicular circulation and parking areas in relation to surrounding development; (ii) The location and screening of outdoor storage, outdoor activity or work areas, garbage and mechanical equipment in relation to surrounding development; (iii) The hours of active operation of the proposed use. Approval of a conditional use may be restricted to operate within specified hours considered appropriate to ensure minimal negative impact on surrounding uses; (iv) The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses. Any proposed building must be compatible with the predominant type of building in the particular district in terms of scale, character, location or proposed use; and (v) Proposed landscaping and other site amenities. Additional landscaping over and above the requirements of this By-law may be required as a condition of approval. d. The proposed conditional land use must not involve any activities, processes, materials, equipment, or conditions of operation, and must not be located or designed so as to be detrimental or hazardous to persons or property or to the health and general welfare of the public; e. In determining whether this requirement will be met, consideration will be given to the impact of the proposed Conditional Use on the level of traffic, noise, vibration, smoke, fumes, odours, dust, glare, and artificial light; f. The location of the proposed use shall minimize the impact of the vehicular traffic generated by it. In determining whether this requirement will be met, consideration will be given to the following: (i) Proximity and access to major thoroughfares and other public streets; (ii) Estimated traffic generated by the proposed use; (iii) Proximity and relation to intersections; (iv) Adequacy of driver sight distances; 6 (v) Location of and access to off-street parking; (vi) Required vehicular turning movements; and (vii) Provisions for pedestrian traffic safety and convenience. g. The proposed conditional land use must be located so as to be adequately served by essential public facilities and services, such as streets, drainage systems, water and sewage facilities, police and fire protection, and schools, and/or must include either an acceptable plan for immediate provision of such services, or evidence that such services will be available by the time the conditional land use is established. 2.4.3 An application for a conditional use shall be processed and either approved or rejected in accordance with the provisions of the Act. 2.4.4 The application shall be filed with the Designated Officer and shall be accompanied by a site plan, other data, and such fees as may be determined by Council. 2.4.5 A development for which final approval was granted prior to the effective date of this By-law may be completed in accordance with the provisions of the previous Steinbach Zoning By-law No. 2100. Where a development application has been submitted for any type of approval required, but no final action had been taken by the appropriate decision-making body on such application prior to the effective date of this By-law, the application shall be reviewed and considered in accordance with either the provisions of the By-law in place on the date of submission of the application or the provisions of this By-law, at the applicant's option. 2.4.6 Where a use is classified as a conditional use under this By-law or amendments thereto and exists as a permitted or conditional use at the date of the adoption of this By-law or amendments thereto, it shall be considered as a legally existing conditional use. 2.4.7 Any change in a conditional use shall be subject to the appropriate provisions of this By-law and the Act. 2.5 Variance Orders 2.5.1 A variance is an administrative exception to the By-law's land use regulations, generally to remedy a deficiency which would prevent the property from complying with the zoning regulation. 2.5.2 Any person may apply for a variance order, in accordance with the Act. 2.5.3 An application for a variance order and all required information and fees shall be made to the Designated Officer. 2.5.4 The Designated Officer may, in accordance with the provisions of the Act, grant or refuse, at their discretion, a minor variance not exceeding fifteen (15) percent, of any height, distance, area, size, intensity of use or parking space requirement of this By-law. 2.5.5 Where a building or structure or use established by a variance order under this By-law or amendments thereto and exists as a permitted order at the date of the adoption of this By-law or amendments thereto, it shall be considered as legally conforming. 2.6 Development Permits 2.6.1 No development, except otherwise expressly permitted in this By-law, shall be undertaken or permitted to exist in the City of Steinbach unless an application has been approved and a development permit has been issued. For the purposes of this By-law, building permits in the City of Steinbach are equivalent to a development permit. 7 2.6.2 Where a person makes application for a development permit, the Designated Officer shall, where the application does not conform to the Zoning By-law, any applicable Secondary Plan or Official Community Plan By-laws, reject the development permit. 2.6.3 An application for a development permit shall be made on a form prescribed by the Designated Officer and must be accompanied by the applicable fees. 2.6.4 A development permit shall expire and the right of an owner under that permit shall terminate if the work authorized by the permit is not commenced within six months from the date of issuance of the permit, or within any extensions of that time period granted by the Designated Officer and is not reasonably continued without interruption after the end of such period. 2.6.5 The applicant for a development permit must supply all information requested by the Designated Officer to demonstrate compliance with this By-law and any other relevant By-laws of the City, including evidence of ownership and, where necessary as determined by the Designated Officer, a Building Location Certificate of the site showing the dimensions of the site, the position of all buildings or structures on the site, and the height of the buildings or structures. 2.6.6 A development permit for use of vacant land may be issued without production of a Staking Certificate prepared by a Manitoba Land Surveyor upon the applicant satisfying the Designated Officer that the proposed use is in accordance with this By-law. 2.6.7 A development permit for a temporary building or structure approved as such under this By-law shall expire on the date specified in the permit unless before that expiration date an extension is granted by the Designated Officer. 2.6.8 The issuance of a development permit in respect of a building or structure does not affect the obligation to obtain a building permit or any other permit required in connection with the proposed work. 2.7 Development Not Requiring a Development Permit 2.7.1 A Development Permit from the City of Steinbach is not required under this By-law for the developments listed below, provided that such development complies with all applicable regulations of this By-law. This does not relieve the applicant or landowner from obtaining approvals from other authorities or agencies or meeting the requirements of other applicable by- laws or policies of the City. Developments exempt from applications are as follows: a. Private communication facilities or towers under 20 ft (6.10 m) in height; b. Permitted accessory structures less than 125 ft2 (11.6 m²) in floor area located in a side or rear yard in all zones; c. Temporary tents less than 900 ft² (83.6 m²) in covered area; and d. Signs exempted by this By-law, as noted in provision 7.18.2. e. Light standards; f. Construction or maintenance of gates, fences, walls or other means of enclosure in compliance with Section 7.3; g. An unenclosed deck or a deck enclosed by a rail or parapet wall and a wheelchair ramp, all of which having a floor level equal to or less than 2 ft (0.6 m) above grade; h. Landscaping where the existing grade and natural surface drainage pattern is not materially altered; i. Altering, maintaining or repairing any building or structure, provided that the work does not 8 include structural alterations and does not result in an increase in the number of dwelling units; j. Installation of private driveways, roads, and utilities; k. The maintenance and repair of public works, services or utilities carried out by or on behalf of federal, provincial or City authorities; l. Temporary use of a building for election or census purposes; and m. Stripping, site grading or excavation that is part of a development for which a Development Permit has been issued. 2.8 Non-Conformance 2.8.1 No use that lawfully exists on the effective date of this By-law is non-conforming solely because: a. When it was established, no conditional use approval was required and under this By-law conditional use approval is required; b. It exists with less than the accessory off-street parking or loading spaces required by this By- law; or c. It exists with a non-conforming accessory sign. 2.8.2 A building devoted to a non-conforming use may be structurally altered: a. To comply with a legal requirement; b. To accommodate a conforming use; c. To conform to the development standards of Chapter 7: General Development Standards; or d. In the course of an enlargement, permitted in accordance with provision 2.8.4. 2.8.3 Subject to approval and issuance of a Development Permit, repairs or incidental alterations to a building occupied by a non-conforming use may be made as follows: a. To the exterior of the building; and b. To those portions of the interior of the building occupied by the non-conforming use, or in connection with an expansion of the non-conforming use permitted in accordance with provision 2.8.4. 2.8.4 Subject to approval and issuance of a Development Permit, a non-conforming use may be enlarged if: a. It is a single-unit or two-unit dwelling and the enlargement conforms to the applicable district dimensional standards; or b. The enlargement is required to comply with the provisions of this By-law related to off-street parking or loading spaces. 2.8.5 A non-conforming use of a structure or of a lot, or portion thereof, which is, or hereafter becomes, abandoned, vacant or unoccupied, and remains vacant and unoccupied for twelve consecutive months, must not be used after that time except in conformity with the Zoning By-law. 2.8.6 A use that is accessory to a non-conforming use may continue as long as the non-conforming use exists. 2.8.7 Repairs or incidental alterations may be made to a non-conforming structure subject to approval and issuance of a development permit, where necessary. 9 2.8.8 If a non-conforming building is damaged and repair or restoration costs are less than fifty (50) percent of the value of an equivalent new building, repairs or restoration may occur if: a. The repairs and restoration do not introduce new non-conforming uses; b. A building permit is obtained within 180 days of the date of damage; and c. The restoration has actually begun within one year and is diligently pursued to completion. 2.8.9 The determination of the reduced structural valuation will be made by the City, or, at the applicant's option, by an independent appraiser, certified by the Appraisal Institute of Canada. 2.8.10 The right to maintain a non-conforming structure and any non-conforming uses operating from that structure shall terminate when the structure is damaged, in any manner whatsoever, to the extent that the cost of repairing such damage exceeds fifty (50) percent of the structure's assessed value on the last revised assessment roll. 2.8.11 No building or structure may be erected on a non-conforming lot unless the required yards are provided for the zone in which the lot is located as set forth in Table 10-2: Dimensional Standards and Table 10-3: Dimensional Standards for Accessory Building, Structure or Use. 2.8.12 A non-conforming sign shall be subject to all the provisions of this By-law relating to non- conformities, except as provided hereafter: a. A change in the subject matter represented on a sign shall not be considered a change of use; and b. A non-conforming sign may be structurally altered, reconstructed, or replaced in the same location and position provided that such structural alteration, reconstruction, or replacement does not result in: (i) The creation of a new non-conformity or an increase in the degree of non-conformity; (ii) An increase in the sign surface area; or (iii) An increase in the degree of illumination. 2.9 Fees 2.9.1 Council shall, by resolution, establish a development fee schedule for zoning amendments, conditional use orders, variance orders, zoning memorandums, development permits, building permits, demolition permits, certificates of non-conformity, and any other appropriate documents Council deems fit. 2.10 Enforcement 2.10.1 The enforcement of this By-law, or any Resolution or Order enacted by the Council under the Act or any Regulation made thereunder, shall be in accordance with the Act. 2.10.2 Subject to the Administrative Penalty By-law, or a by-law implemented under the authority of The Provincial Offences Act, an individual who contravenes a provision of this By-law is liable to the following fines, which may not exceed $10,000: a. For a first offence, a fine of not less than $100; b. For a second offence with respect to any property, a fine of not less than $500; or c. For a third or subsequent offence with respect to any property, a fine of not less than $1,000. 2.10.3 Subject to the Administrative Penalty By-law, or a by-law implemented under the authority of The 10 Provincial Offences Act, a corporation who contravenes a provision of this By-law is liable to the following fines, which may not exceed $30,000: a. For a first offence, a fine of not less than $500; b. For a second offence, with respect to any property a fine of not less than $2,000; or c. For a third or subsequent offence; with respect to any property a fine of not less than $5,000. 2.10.4 In addition to those remedies and penalties listed in provisions 2.10.2 and 2.10.3 above, the City may impose any other remedy or penalty specifically provided for in this or another By-law. 2.10.5 The Designated Officer may suspend or revoke a development permit where: a. The applicant fails to comply with the conditions of issuance of a permit; or b. Any person undertakes or causes or permits any development on a site contrary to the terms or conditions of a permit. 2.10.6 Any person who undertakes or causes or permits any development on a site without a permit, or after a permit has been suspended or revoked, shall discontinue such development forthwith upon notice in writing issued by the Designated Officer so requiring, and shall not resume such development unless a permit has been issued or the permit reinstated. 2.10.7 Any existing use or structure which was illegal under the provisions of any planning schemes or By- laws in force on the effective date of this By-law and amendments thereto shall not become or be made legal solely by reason of the adoption of this By-law or amendments thereto; and to the extent that, and in any matter that, said illegal use or structure remains illegal hereunder. 2.11 City Services 2.11.1 All new principal buildings constructed on a site served by public sewer, water or hydro distribution must be connected to such services unless the specific use of such building does not require such services. 11 Chapter 3: Interpretation 3.1 Interpretation of Provisions and Standards 3.1.1 In their interpretation and application, the provisions and standards of this By-law shall be held to be the minimum requirements to satisfy the intent and purposes as set forth herein. 3.2 Illustrations 3.2.1 Drawings and illustrations form part of this By-law and are provided to assist in interpreting and understanding the By-law. Where any conflict or inconsistency arises between a drawing or illustration and the text of the By-law, the text shall govern. 3.3 Rules of Construction 3.3.1 The following rules apply to the text of this By-law: a. Words, phrases, and terms defined in this By-law shall be given their defined meaning; b. Words, phrases and terms not defined herein, but defined in the Act and/or the Building or Plumbing By-laws of the City of Steinbach, shall be construed as defined in such legislation and By-laws; c. All other words, phrases, and terms not herein defined shall be given their usual and customary meaning except where the context clearly indicates a different meaning; d. The word "includes" shall not limit a term to the specific examples provided but is intended to extend the meaning to all instances or circumstances of like kind or character; e. The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied for"; f. Where the words "must" or "shall" are used in this By-law, the provision is mandatory; the words "may" or "encourage" are enabling and not mandatory; the word "should" requires a reason why it cannot be done; g. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity; h. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or", or "either- or", the conjunction shall be interpreted as follows: (i) "and" indicates that all the connected items, conditions, provisions, or events shall apply in any combination; (ii) "or" indicates that the connected items, conditions, provisions, or events may apply singly or in combination; and (iii) "either-or" indicates that the connected items, conditions, provisions, or events shall apply singly, but not in combination. i. Unless specified, words used in the singular include the plural and words used in the plural include the singular; j. Words used in the present tense include the future tense and words used in the future tense include the present tense; k. The provisions of this by-law shall be interpreted to be the minimum regulations except where 12 the word maximum or its abbreviation is used, in which case the maximum regulation shall apply; and l. Where any requirement of this By-law results in a fraction of one half or more is considered a whole unit and a fraction of less than one half is disregarded. 3.4 Units of Measurement 3.4.1 For convenience, this By-law contains both imperial and metric measurements. In cases where a discrepancy occurs between the imperial and metric standards, the imperial unit shall prevail. 3.5 Registered Plans 3.5.1 All plan references on the Zoning Maps pertain to registered plans filed in the Winnipeg Land Titles Office. 3.6 Zoning Maps 3.6.1 The location and the boundaries of the Zones are shown upon Zoning Maps attached hereto, marked as Chapter 9: Zoning Maps in this By-law. Said Zoning Maps form part of this By-law. All notations, references and other information shown thereon, together with any amendments made by amending By-laws from time to time and shown thereon, together with any amendments to boundaries in the case of any street, public lane or public works right of way as provided in Section 3.7, shall be as much a part of this By-law as if the matters and information set forth by the said Zoning Maps were fully described herein. 3.7 Zoning District Boundaries and Right-of-Way Boundaries 3.7.1 Should uncertainty or dispute arise relative to the precise location of the boundary of any Zoning District, as depicted on the Zoning District Maps, the location shall follow the closest logical boundary, or a line that is parallel or an extension to such an existing feature, as determined by the Designated Officer, including: a. The centre line of streets, lanes, or other public thoroughfares; b. Existing site boundaries; c. City limits; d. The centre of pipelines or utility easements; and e. A topographic contour and/or top-of-bank line. 3.7.2 No Zoning District shall apply to any public street and, should a public street be closed, it will then carry the same zoning as the abutting lands. Where different Zoning Districts regulate the abutting lands, the street centreline shall become the Zoning District boundary. 3.7.3 Where the zoning of a single site or lot is split into more than one zoning district, each portion of the site or lot shall be developed and used in accordance with the provisions of the applicable zoning district. 3.8 Public Land Acquisition 3.8.1 The following provisions apply to lots created by public land acquisition: a. If a lot is separated from the street upon which it would otherwise front by a parcel acquired by 13 the City or the Province for the purpose of street widening, the lot is deemed to have frontage on that street and a building or structure may be erected, or enlarged, altered or repaired and used on such lot provided that it conforms to all other requirements of this By-law; b. If a lot having a lesser width and/or area than that required by this By-law is created by expropriation or street-widening or other land acquisition from the owner of the lot by the City or the Province and the non-conformity is due to no other cause, the lot is deemed to comply with this By-law and a building or structure may be erected, altered or repaired and used on the lot provided that it conforms to all other requirements of this By-law; or c. If a building or structure having lesser yards than those required by this By law is created by public land acquisition, the building or structure is deemed to comply with this By-law. 14 PART B: ZONING DISTRICTS CHAPTER 4: ZONING DISTRICTS ........................................................................................ 15 CHAPTER 5: DISTRICT USE AND SITE STANDARDS ........................................................... 20 CHAPTER 6: OVERLAY ZONING DISTRICTS ........................................................................ 22 CHAPTER 7: GENERAL DEVELOPMENT STANDARDS ........................................................ 29 15 Chapter 4: Zoning Districts 4.1 Zoning Districts 4.1.1 This section contains basic information pertaining to Zoning Districts, including statements of purpose and district-specific regulations. 4.2 Districts Established 4.2.1 For the purposes of applying this By-law, the City is divided into Zoning Districts found in Table 4-1: Summary List of Zones. 4.2.2 The descriptions of districts contained in this section are intended to assist in selecting the appropriate Zoning District for different types of land use, and to assist in identifying the intended character of each district. 4.2.3 When there is a conflict between any statement in the district description and a requirement in other sections of the By-law, the requirements in other sections apply. Table 4-1: Summary List of Zones District Symbol District Name Purpose Open Space, Parks and Recreation, and Development Reserve Districts O Open Space The Open Space district provides for the conservation of: a. Publicly owned lands to be retained in an undeveloped state for the foreseeable future due to their scenic character, physical limitations and need; b. Privately-owned lands used for golf courses and major trunk utility rights-of-way which have an open space character; c. Slough areas, brush and shrubland, ravines, and other similar areas deemed to be unsuitable for development; d. Land used as buffers separating different types of land use; e. Lands which are intended to be used as future road allowances; and f. Lands which are to be retained in proximity to natural waterways. 16 District Symbol District Name Purpose PR Parks and Recreation The Parks and Recreation district is intended for sites that include the following: a. Passive neighbourhood and community parks and facilities with predominantly pedestrian and cyclist access. These sites may provide unstructured drop-in play and recreation opportunities, including play structures, landscaped areas, plazas, and natural areas. These parks and open spaces typically occur in a residential neighbourhood or riverbank context and are generally accessible from adjacent residential streets; b. Community recreation facilities and parks that are accessed by a mix of pedestrian and vehicular traffic. These sites may provide active programs and activities, including community centres, hockey pens, arenas, indoor soccer, wading pools, spray parks, skateboard parks and athletic fields; or c. Major recreation facilities and parks that are a regional destination. These sites may include major recreation facilities, aquatic leisure centres, regional parks, sport multi-plexes and athletic field developments. DR-1 Development Reserve 1 The Development Reserve 1 district recognizes lands within the City of Steinbach that are intended for more immediate urban development. The DR-1 district exists as an interim zoning district and limits the amount and intensity of development. DR-2 Development Reserve 2 The Development Reserve 2 district is predominantly rural in nature and use and is intended to preserve lands for appropriate agricultural activity, which includes agricultural cultivation, agricultural grazing, apiaries, aviaries and the keeping of animals until such time as they are required for urban development. Residential Districts RSU Residential Single-Unit The Residential Single-Unit district is intended to accommodate primarily single-unit residential development and associated or compatible uses. RLD Residential Low-Density The Residential Low-Density district is intended to accommodate primarily single and two-unit residential development and associated or compatible uses. RMD Residential Medium- Density The Residential Medium-Density district is intended to accommodate single-unit, two-unit and low-rise multi-unit development and their associated or compatible uses. RHD Residential High-Density The Residential High-Density district is intended to accommodate developments and their associated or compatible uses that generally have buildings with four or more storeys. 17 District Symbol District Name Purpose RMX Residential Mixed-Use The Residential Mixed-Use district is intended to facilitate the development of primarily medium- to higher-density residential development, though it also may contain limited small-scale commercial, institutional, recreational, and service facilities needed to support residential development. The area, site, or building should retain a predominantly residential character. Development in the R- MX district should facilitate and encourage pedestrian travel between residential and non-residential uses. This district is considered an appropriate zone adjacent to and part of the Central Business District, neighbourhood commercial centre, or other type of mixed-use or major employment centre. RR Rural Residential The Rural Residential district is intended only for existing large-lot rural residential development. RRS Rural Residential Service The Rural Residential Service district is intended to provide for smaller, rural residential dwelling lots and associated or compatible uses, which include piped sewer systems, private wells and hard- surfaced streets. Applications to rezone land to RRS Zone will be limited to the following properties: Lot 4, Plan 16586 and Lot 5, Plan 16586. RMH Residential Manufactured Home The Residential Manufactured Home district is intended to provide for the location of manufactured homes. All provisions of this By-law apply to the RMH zoning district unless superseded by the district specific standards in provision 8.19. Commercial and Institutional Zoning Districts C1 Commercial Neighbourhood The Commercial Neighbourhood district is intended to accommodate small, commercial uses within or surrounded by residential areas and that are compatible in scale and character with surrounding residential uses, to serve the convenience needs of the surrounding neighbourhood. This district is not intended to accommodate businesses sized or designed to serve a trade area more than one half mile from the business. C1 districts are generally located along local streets or at the intersection of local/collector streets. C2 Commercial Community The Commercial Community district is intended to accommodate a broader range of commercial uses that may not be limited to a local or neighbourhood orientation. The district is intended to include retail commercial, institutional, recreational, and service facilities needed to support the surrounding neighbourhoods and the broader community. C2 districts are generally located along collector streets, at arterial/collector intersections, or along portions of arterial streets with relatively shallow lots. 18 District Symbol District Name Purpose C3 Commercial Corridor The Commercial Corridor district is intended primarily for uses that provide commercial goods and services to residents of the broad community and beyond, in areas that are dependent on automobile access and exposed to heavy automobile traffic, but not including regional shopping malls or regional shopping areas. These commercial uses are subject to frequent view by the public and visitors to Steinbach, and should provide an attractive appearance with landscaping, sufficient parking, and controlled traffic movement. C3 districts are generally located on arterial streets and/or at arterial/arterial intersections. C4 Commercial Regional The Commercial Regional district is intended to accommodate the development of large-scale, regional centres containing a mix of concentrated land uses. These commercial uses are subject to frequent view by the public and visitors to Steinbach, and they should provide an attractive appearance with landscaping, sufficient parking, and controlled traffic movement. The district should provide retail commercial, office, and structures at higher intensities than surrounding areas. The area may also contain concentrations of medium- to high-density office development, as well as a broad mix of complementary uses. The district should facilitate and encourage pedestrian travel between residential and non-residential uses. CMX Commercial Mixed-Use The Commercial Mixed-use district is intended to provide for community-serving mixed-use development at a more intense scale than may be appropriate for most neighbourhood locations. The CMX district is intended for use along selected corridors and at important nodes in the City. The district is intended to include attractive retail, commercial, institutional, recreational, and service facilities needed to support surrounding neighbourhoods and the community at-large. Although the area, site, or building should have a predominantly commercial character, multi-unit housing should be incorporated within each development, and each development should facilitate pedestrian connections between residential and non-residential uses. 19 District Symbol District Name Purpose EI Educational & Institutional The Educational and Institutional district is intended to provide areas for the development of large and significant, single or multi-building, public, quasi-public, or private facilities of a non-commercial character that may have significant impacts on the surrounding areas. Typical uses may include places of worship, schools, colleges and universities, libraries, cultural facilities, hospitals, health care related facilities, and large research facilities as well as associated residential and directly related commercial uses. Attractive, campus-style development is encouraged within this district. In some cases, EI zoning may be appropriate for clustered or core facilities, while supporting facilities on non-contiguous lots remain in other zoning districts. Commercial or non-commercial uses that support the function of the facility or its population would be considered as accessory uses. Industrial Districts M1 Industrial Light The Industrial Light district is intended to provide for light manufacturing, processing, service, storage, wholesale, and distribution operations with all operations contained within an enclosed building with some limited outside storage. M2 Industrial Heavy The Industrial Heavy district is intended to provide for intensive industrial development, including heavy manufacturing, storage, major freight terminals, waste and salvage, resource extraction, processing, transportation, major utilities, and other related uses. This district would be required for those uses that require very large buildings, frequent heavy truck traffic for supplies or shipments, or that may require substantial mitigation to avoid sound, noise, and odour impacts to neighbouring properties. MMX Industrial Mixed-Use The Industrial Mixed-Use district is intended to provide an opportunity for a mix of commercial and industrial activities that are supportive of industrial functions and are compatible with surrounding industrial use areas, while allowing more flexibility of uses and requiring a higher standard of landscaping and design. Uses may include offices, wholesale and business service establishments, campus-style industrial or business parks, and limited retail sales/personal service storefronts. 20 Chapter 5: District Use and Site Standards 5.1 Use and Site Requirements 5.1.1 No land shall be used or occupied, and no structure shall be erected, altered, used or occupied hereinafter for any use in the Zoning District in which such land and structure is located other than a use listed in Table 10-1: Use Table and in accordance with the Site Requirements as listed in Table 10-2: Dimensional Standards and Table 10-3: Dimensional Standards for Accessory Building, Structure or Use with the exception of uses lawfully established prior to the effective date of this By-law, unless otherwise stated in this By-law. 5.2 Use Table Symbols 5.2.1 In Table 10-1: Use Table: a. "P" in a cell indicates that the use identified at the far left of that row is permitted in the Zoning District identified at the top of that column; b. "C" in a cell indicates that, in the Zoning District identified at the top of that column, the use identified at the far left of the row is allowed only if reviewed and approved as a conditional use in accordance with the requirements and procedures of the Act; c. A blank cell indicates the use identified in the far-left column of that row is not permitted within the Zoning District identified at the top of that column; d. A Section number in a cell within the column "Use Specific Standards" identifies a provision within this By-law which imposes an additional standard with which the use must comply except as authorized by this By-law or by a Conditional Use Order or Variance Order; e. An asterisk (*) following a "P" or "C" symbol indicates that a Use Specific Standard applies to the permitted or conditional use, as the case may allow within a specific Zoning District; and 5.3 Use Table Organization 5.3.1 In Table 10-1: Use Table, land uses and activities are classified into general "use categories" and specific "use types" based on common functional or physical impact characteristics, such as the type and intensity of land use, the type of customers or residents, how goods or services are sold or delivered, and/or site-specific conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate Zoning Districts. This classification does not list every use or activity that may appropriately exist within the categories and specific uses may be listed in one category when they may reasonably be listed in one or more other categories. The use category titles are intended to operate as an indexing tool and do not form part of this By- law. 5.3.2 Where a specific use does not conform to the wording of any Use Class definition or conform to the wording of two or more Use Class definitions, the Designated Officer may deem that the use conforms to and is included under a Use Class definition that is considered the most appropriate in character and purpose. 5.4 Interpretation of Uses and Regulations 5.4.1 Any person may apply to the Designated Officer or Council for an interpretation as to whether a proposed use falls within any of the use categories or use types described in this By-law and, if so, 21 which one. If a use is not specifically listed in the tables or is deemed by the Designated Officer to be similar to a use that is not permitted, that use is not permitted. 5.4.2 The authority to provide an interpretation does not include the authority to add a new permitted or conditional use. 5.4.3 A decision of the Designated Officer with respect to interpretation is final. 5.4.4 Where land, a building, or a structure is used for more than one purpose, all provisions of this By- law relating to each use must be satisfied. Where more than one provision in this By-law is applicable, the higher or more stringent requirement shall apply unless specified otherwise. 5.5 Prohibited Uses 5.5.1 Land uses incompatible with the vision for Steinbach articulated in the Official Community Plan and other City policy documents are prohibited and shall not be deemed similar to a permitted or conditional use pursuant to provision 5.4.1. 5.5.2 Prohibited uses include: a. Dating and escort service; b. Massage parlour; c. X-rated stores; and d. Adult service or entertainment establishments. 5.6 Dimensional Standards Table Interpretation 5.6.1 The following standards apply to all development under the jurisdiction of this By law: a. The owner has a continuing obligation to maintain the minimum required yards and other open spaces required in this By-law; b. Yards and other open space required for a use must be located on the same lot as the use; c. The owner may provide lots with larger lot areas, frontages, or yards than the minimum amounts required by Table 10-2: Dimensional Standards and Table 10-3: Dimensional Standards for Accessory Building, Structure or Use, but may not exceed any maximum established by Table 10-2 and Table 10-3, or any maximum imposed as a condition of any rezoning, Variance or Conditional Use Order; d. In Table 10-2 and Table 10-3, each row indicates a zoning district and each column indicates a dimensional requirement for development. The principal building or accessory building must either comply with the dimensional standards in Table 10-2 and Table 10-3, or with an alternative dimensional standard as authorized by another provision of this By-law, or by a Variance Order; e. The contents of each cell set out the dimensional requirement. In the case of "maximum lot coverage" the requirement is expressed as a percentage of the total area of the lot. "n/a" means "not applicable". Notes within Table 10-2 and Table 10-3 have legal effect and indicate special situations that affect the application of dimensional standards to specific zoning districts. Development must comply with all dimensional standards applicable to the zoning district where the property is located. 22 Chapter 6: Overlay Zoning Districts The following Overlay Zoning Districts are hereby established by the City, and each such district is intended for the purposes described below. 6.1 Planned Overlay Districts 6.1.1 The purpose of a Planned Overlay District (POD) is to provide a means to alter or specify allowed uses and/or development standards in otherwise appropriate zones, in unique or special circumstances, to achieve local planning objectives in specially designated areas. A POD is appropriate when additional zoning controls are required to address an area-wide (rather than site- specific) condition, or to implement an area-wide plan for the proposed district. 6.1.2 The permitted uses specified in the underlying zones are permitted and the conditional uses specified in the underlying zones are conditional unless the development regulations adopted in the POD state otherwise. 6.1.3 The regulations provided in the POD may be substituted for the specified regulations of the underlying zones. Where there is a conflict between the provisions of the POD and those of the underlying zone, the provisions of the POD shall govern. 6.1.4 All regulations in the Zoning By-law apply to development in the area covered by the adopted POD, unless specifically modified by the provisions of the POD. 6.1.5 Except as otherwise provided in this Section, any development, redevelopment, expansion, demolition, signage or exterior alteration proposal is subject to a design review which must be approved by the Designated Officer. 6.1.6 Review of development, redevelopment, expansion, demolition, or exterior alteration proposals is primarily intended to ensure the thoughtful integration of such proposals into their local context and their consistency with the standards articulated in the City of Steinbach's Official Community Plan. 6.1.7 In making a decision concerning the approval or rejection of proposed development and redevelopment in PODs, the Designated Officer must consider the extent to which the proposed development or redevelopment is consistent with the Design Review Consideration guidelines set out in the provisions of the POD. 6.1.8 In addition to serving as the basis for the Designated Officer's decision, the Design Review Consideration guidelines: a. Are provided to assist property owners, design professionals, administrators, decision-makers, advisory committee members, and other parties involved in preparing, reviewing, or approving new developments, redevelopments, expansions, and exterior alterations; b. Provide a bridge between current policy desires and any detailed urban design guidelines, standards, or criteria that may be generated and which would then supplant the Design Review Considerations; and c. Are not intended to stifle or discourage creativity, but to provide a framework within which to exercise creative design approaches. 6.1.9 The City may approve design guidelines, standards or criteria, not inconsistent with the Design Review Consideration guidelines for the applicable POD, which are to be considered by the Designated Officer in review of development proposals. 23 6.1.10 The City may appoint an advisory committee (or committees) for the purpose of providing recommendations to the Designated Officer regarding: a. Design Review Consideration guidelines, standards, or criteria, and/or b. Whether or not to grant design review approval for a particular development, redevelopment, expansion, demolition, or exterior alteration. 6.1.11 The Designated Officer may not deny a design review application without first giving the applicant notice of the date, time, and location of a meeting to hear representation from the applicant concerning the application. 6.1.12 The applicant has the right to appeal the decision of the Designated Officer to Council. 6.2 Central Business District POD 6.2.1 The City of Steinbach Central Business District (CBD) POD is designed to promote a vibrant urban downtown area and is intended to enhance the character and function of the CBD by accommodating growth and providing less rigid requirements. The flexible application of development standards is expected to encourage compact, pedestrian friendly, mixed-use development resulting in a high concentration of jobs and housing opportunities. The CBD will give residents a sense of identity, facilitate interaction and promote an area where people can live, work and play. An important focus in the CBD will be to improve the compatibility between infill development and the CBD neighbourhood by promoting neighbourhood fit. 6.2.2 The Central Business District POD shall apply to lands identified as such in Chapter 9: Zoning Maps. 6.2.3 Notwithstanding other provisions of this By-law, in the CBD POD, fuel sales, drive-through restaurants, and car wash uses are prohibited and not allowed as a permitted, conditional, or temporary principal uses. 6.2.4 Notwithstanding other provisions of this By-law, in the CBD POD, the following uses may be approved only as conditional uses, subject to the use specific standards identified in Table 10-1: Use Table, where they are otherwise permitted: a. Auto/light truck/motorcycle, repair, service, sales, and rental; b. Auto parts and supplies, sales; c. Parking, structure; and d. Parking, surface. 6.2.5 Notwithstanding other provisions of this By-law, in the CBD POD, the following uses are permitted, subject to the use specific standards identified in Table 10-1, where they are otherwise may only be approved as conditional uses: a. Dwelling, multi-unit. 6.2.6 Notwithstanding other provisions of this By-law, in the CBD POD, the following use specific standards must be met in respect to the uses identified in addition to the use specific standards identified in Table 10-1, except as authorized by other Sections of this By-law or by a Conditional Use or Variance Order: a. Drive-through (i) No drive-through access or egress may be located within 150 ft (45.7 m) of Main Street. 24 6.2.7 Notwithstanding other provisions of this By-law, in the CBD POD, development must comply with the building heights in Table 6-1 and the dimension standards and required yards in Table 6-2. Table 6-1 Building Heights in the CBD POD Location Maximum Within 150 ft (45.7 m) of Main Street 5 Storeys All other areas 4 Storeys Table 6-2 Required Yards in the CBD POD Required Yards Properties within the overlay district fronting onto Main Street that are serviced with a rear lane or that have access to a side street Minimum 50 ft (15.3 m) between the street right-of-way and any parking areas. Between the street right-of-way and the front building façade Maximum 15 ft (4.6 m) Side or rear yard No requirements Design Review Considerations 6.2.8 Building placement and design should consider the following: a. Where a consistent building alignment exists along a block, buildings should provide a front yard consistent with the average setback on that block to respect this alignment (front and corner side yards). b. Deviating from the front yard alignment on a block may be considered to provide space for active uses such as sidewalk cafés, newsstands, and retailer displays. c. Buildings should be oriented towards the street with entryways facing and connecting directly to the sidewalk. d. Architectural details, differentiated materials, and glazing on the ground floors of buildings are encouraged. Blank, at-grade street wall conditions exceeding 19.7 ft (6 m) in length should not be permitted on any street-facing building façade. e. Landscaped spaces, streetscapes, and architectural features should be respected, including the preservation of trees. f. Development should respect any adjacent heritage buildings. 6.2.9 Access to off-street parking and building services should consider the following: a. Off-street parking facilities, delivery loading spaces, refuse storage areas, and other building services should be accessed via a public lane (or from secondary streets, when a public lane is not available). b. The number and dimensions of motor vehicle driveways, private approaches, and other intrusions into Main Street should be minimized to encourage an uninterrupted pedestrian realm. c. The location of off-street parking and building services are: 25 (i) Discouraged between the building and major streets; (ii) Encouraged to be located within or behind buildings; and (iii) Encouraged to be screened when located adjacent to public roads and/or residential uses. Screening may include landscaping, fencing, building wing walls, or combinations of these, ensuring pedestrian access and motor vehicle sight lines are maintained. 6.2.10 Signs are expected to: a. Enable pedestrian and driver orientation; b. Be helpful in finding a building or use (from a distance or up close); c. Have legible and clear copy, logos, or symbols; d. Be visible and legible to pedestrians; e. Not obscure neighbouring signs; f. Not limit individual tenant opportunities at multiple-tenant sites; g. Respect historic areas and other important sites; and h. Respect valued views and vistas. 6.2.11 Parking should consider the following: a. Required parking may be reduced by 1/3 of the required parking in Table 7-3: Required On- Site Parking Spaces. b. Required parking may be shared by two or more buildings or uses where the hours of operation do not overlap. For restaurant uses, a maximum of 1/3 of the required spaces may be assigned as shared parking with another use. c. New uses proposed in buildings that existed prior to the adoption of this By-law are exempt from parking requirements, provided that: (i) The amount of accessory parking that existed prior to establishment of the new use shall not be reduced; (ii) The existing building is not renovated to the extent that the cost of the renovation exceeds fifty (50) percent of the structure's assessed value on the last revised assessment roll; and (iii) At the Designated Officer's discretion, a professionally prepared parking plan demonstrating that the amount of provided parking is sufficient for the new use may be required. d. For commercial uses within the CBD POD, on-street parking may be counted toward the required parking identified in Table 7-3, to a maximum of two parking spaces, only if such parking is located along the frontage owned by the applicant or landowner, exclusive of any curb cut or driveway. 6.3 Transitional District POD 6.3.1 The Transitional District POD provides for the transition between predominantly commercial areas and predominantly residential areas, where residential and low impact commercial activities can co-exist in a mixed-use environment. Development within this category is to retain current built forms and lot configurations and is encouraged to create mixed-use redevelopment. The Transitional District POD also provides for mixed employment concentration, with a focus on employment and office redevelopment opportunities along with supportive commercial and 26 residential uses. Development within this category is to retain a pedestrian-oriented urban form with a high quality of urban and architectural design. 6.3.2 The Transitional District POD shall apply to lands identified as such in Chapter 9: Zoning Maps. 6.3.3 Notwithstanding other provisions of this By-law, when proposed in buildings or additions to existing buildings approved for construction after the effective date of this By-law, the following uses may be approved only as conditional uses, subject to the use specific standards identified in Table 10-1: Use Table, where they are otherwise permitted: a. Restaurant; and b. Medical/dental/optical/counselling clinic. 6.3.4 Notwithstanding other provisions of this By-law, the following uses may be approved only as conditional uses, subject to the use specific standards identified in Table 10-1, where they are otherwise permitted: a. Drinking establishment; and b. Retail sales (unless otherwise listed). Design Review Considerations 6.3.5 Building placement should consider the following: a. Where a consistent building alignment exists along a block, buildings should provide a front yard consistent with the average setback on that block to respect this alignment (front and corner side yards). b. Buildings should be oriented towards the street with entryways facing and connecting directly to the sidewalk. c. Landscaped spaces, streetscapes and architectural features should be respected, including the preservation of trees. d. Development should respect any adjacent heritage buildings. 6.3.6 Signage should consider the following: a. Signs are expected to: (i) Enable pedestrian and driver orientation; (ii) Be helpful in finding a building or use (from a distance or up close); (iii) Have legible and clear copy, logos, or symbols; (iv) Be visible and legible to pedestrians; (v) Not obscure neighbouring signs; (vi) Not limit individual tenant opportunities at multiple-tenant sites; (vii) Respect historic areas and other important sites; and (viii) Respect valued views and vistas. b. Freestanding signs are not permitted. 6.3.7 Parking should consider the following: a. Required parking for commercial uses may be reduced by 1/3 of the required parking in Table 7-3: Required On-Site Parking Spaces. b. Required parking may be shared by two or more buildings or uses where the hours of 27 operation do not overlap. For restaurant uses, a maximum of 1/3 of the required spaces may be assigned as shared parking with another use. c. For commercial uses, on-street parking may be counted toward the required parking identified in Table 7-3, to a maximum of two parking spaces, only if such parking is located along the frontage owned by the applicant or landowner, exclusive of any curb cut or driveway. 28 PART C: DEVELOPMENT STANDARDS CHAPTER 7: GENERAL DEVELOPMENT STANDARDS ........................................................ 29 CHAPTER 8: USE-SPECIFIC DEVELOPMENT STANDARDS ................................................. 57 29 Chapter 7: General Development Standards The following regulations shall apply to all Zoning Districts in this By-law. 7.1 Accessory Structures and Uses 7.1.1 No person may erect an accessory structure, including but not limited to parabolic antennas, pergolas, gazebos, and swimming pools, but excluding those related to public utilities, unless the accessory structure meets the dimensional standards in Table 10-2: Dimensional Standards and Table 10-3: Dimensional Standards for Accessory Building, Structure or Use and the permitted projections in Sections 7.13 and 7.14. 7.1.2 No accessory building or structure shall be constructed on any site prior to the time of construction of the principal building to which it is accessory, or prior to the establishment of the principal use of the land where no principal building is required. 7.1.3 Where a structure is attached to the principal building by a roof, an open or enclosed structure, a floor or a foundation, it is considered to be part of the principal building and is subject to the dimensional standards applicable to the principal building. 7.1.4 The minimum separation space between a detached accessory building and any other building on the lot must be 4 ft (1.2 m), clear of projections. 7.1.5 No accessory building or structure shall be used as a dwelling unit, except as provided for in this By-law. 7.2 Bare Land Condominiums 7.2.1 The provisions of this section only apply to bare land condominium developments established under The Condominium Act. 7.2.2 The entire bare land condominium development and not the individual condominium units shall be deemed the lot for the purpose of interpreting dimensional standards. 7.2.3 As an alternative to providing each single-unit lot with separate access to a public street, the owner of land in the RSU or RLD Zoning Districts may develop an auto court pursuant to the standards in provision 7.2.4 (see Figure 7-1) or a loop lane (see Figure 7-2) pursuant to the standards in provision 7.2.5 below. All dimensional standards in Table 10-2: Dimensional Standards and Table 10-3: Dimensional Standards for Accessory Building, Structure or Use continue to apply unless modified by the standards in provisions 7.2.4 through 7.2.5. 7.2.4 Single-unit dwellings may share a single driveway access to a public street through the use of an auto court layout that complies with the following conditions: a. The minimum width of the surface of an auto court must be 20 ft (6.1 m); b. Shared driveways must be surfaced with concrete, asphalt, or paving stone, or a combination of those materials; c. Individual driveways leading from the shared driveway to each dwelling unit must be at least 23 ft (7.0 m) long, as measured between the front of the garage or carport and the closest edge of the shared driveway; d. The design of the auto court must permit a passenger vehicle to back out of an individual driveway and turn 90 degrees using the individual drive or intersecting street; 30 e. The auto court design must comply with all off-street parking requirements applicable to single-detached dwellings. In addition, each auto court design must provide one-half off-street parking space per dwelling unit, always rounding up to the next whole number, in a location other than a private driveway; and f. The maintenance and repair of shared driveways is the responsibility of the homeowner's association unless such driveways are constructed to City street standards and the City accepts responsibility for maintenance and repair during the development approval process. Figure 7-1: Illustration of Auto Court Layout 7.2.5 Single-unit dwellings may share access to a public street through the use of a loop lane layout that complies with the following conditions: a. The surface of the loop lane must be at least 20 ft (6.1 m) wide, and must be surfaced with concrete, asphalt, or paving stone, or a combination of those materials; b. No portion of the loop lane may extend more than 250 ft (76.2 m) from the public street to which the loop lane gives access; c. The common area surrounded by the loop lane must be at least 60 ft (18.3 m) wide; d. Individual driveways leading from the loop lane to each home must be at least 23 ft (7.0 m) long, as measured from the closest edge of the loop lane; e. Traffic on the loop lane must be one-way only and must be adequately signed as a one-way drive; f. Design of the loop lane must permit a passenger vehicle to back out of an individual driveway and turn 90 degrees using only the individual driveway, the loop lane, or the intersecting public street; g. The loop lane design must comply with all off-street parking requirements applicable to single- 31 detached dwellings. In addition, each loop lane court design must provide one-half off-street parking space per dwelling unit, always rounding up to the next whole number, in a location other than a private driveway; and h. The maintenance and repair of the loop lane surface and the common area surrounded by the loop lane is the responsibility of the owner unless the loop lane is constructed to City street standards and the City accepts responsibility for maintenance and repair during the development approval process. Figure 7-2: Illustration of Loop Lane Layout 7.3 Fences and Screening 7.3.1 The owner may erect and maintain fences, hedges, trees, shrubs, arbours, trellises, and similar landscape features in all yards, provided that no electric fences or barbed wire fences are erected or maintained except as provided for in Table 7-1 and the standards of this Section are complied with. 7.3.2 The height of a fence, hedge, arbours, trellises, and similar privacy screening or landscape features must comply with the standards set forth in Table 7-1. Table 7-1: Maximum Heights for Fences and Screening Yard Development Reserve, Residential, Commercial and Institutional [a] Parks and Open Space [b] Industrial [c] M-MX M1 and M2 Front 3 ft (0.9 m) 10 ft (3.0 m) 4 ft (1.2 m) 10 ft (3.0 m) Side and Rear 6.5 ft (2.0 m) 10 ft (3.0 m) 6.5 ft (2.0 m) 10 ft (3.0 m) Notes: a) If accessory to a school or park, the maximum permitted height is 10 ft (3.0 m). 32 b) Chain link fences accessory to school or park sites are exempt from this limit. c) 2 ft (0.6 m) of barbed wire may be added to the top of fences in the M1 and M2 zoning districts and on City- owned properties only, for a total height of 12 ft (3.7 m). Privacy screens shall extend no more than 6.5 ft (2.0 m) above the walking surface for which they serve. 7.3.3 No person may erect or maintain a fence or wall made of debris, junk, waste materials, or non- permanent materials such as chicken wire or snow fencing or use dangerous materials such as razor wire or other dangerous security fencing (aside from barbed wire in M1 and M2 Zoning Districts and on City-owned properties). 7.4 Flag Lots 7.4.1 The creation of new flag lots is prohibited unless: a. The lands proposed for flag lot access are located in an RSU or RLD Zoning District; b. The lands proposed for flag lot development are located more than 150 ft (45.7 m) from the nearest existing or planned public street or lane; and c. The Designated Officer determines that there is no feasible alternative way to provide access to such lands. 7.4.2 Where flag lots have been created prior to the effective date of this By-law or are permitted pursuant to provision 7.4.1 above, the following standards apply: a. For certainty, the frontage of flag lots is measured at the property line abutting the road; b. The minimum width of the strip of land used to provide driveway access to the buildable portion of the flag lot shall be 20 ft (6.1 m); and c. Within the access strip, the owner must erect and maintain a property address sign meeting the standards of Section 7.18. 7.5 Landscaping and Buffering 7.5.1 A landscaping plan must be submitted as a part of any development application for all development, other than single-unit or two-unit dwellings, unless the Designated Officer determines that compliance with provisions of this Section can be documented without the use of such a plan. The landscape plan shall include the following information: a. A site plan drawn to scale, including dimensions and distances, a north arrow and a clear legend; b. All property lines with dimensions including adjacent sidewalks, curbs, driveway entrances, alleys, easements, and the location and name of adjacent streets; c. Footprint for all existing and proposed structures including patios and decks; d. Building entrances, porches, decks, steps, walkways, parking areas, screens, fencing, lighting, and garbage collection areas; e. Approximate location and type of adjacent land uses; f. All surface utilities including fire hydrants, catch basins, utility covers; g. The location of existing and proposed overhead and underground utilities; h. Location, type and quantity of existing plant materials to be retained and what is to be removed; 33 i. All vegetation (trees, shrubs, grass areas) to be provided, including a plant list identifying type, size, and quantity of each and a calculation of the tree/shrub requirements; j. The location and description of other landscape improvements such as earth berms, walls, fences, screens, sculptures, fountains, site furnishings, screened refuse containment areas and bicycle racks; k. Existing and final site grading of the landscape areas; l. Snow removal and storage sites; and m. Other information as requested by the Designated Officer. 7.5.2 Plant material must be able to withstand local climatic conditions and comply with the following: a. Plant material must be No. 1 Grade Nursery Stock, supplied and installed in conformance with the latest edition of the Canadian Landscape Standards and Canadian Nursery Landscape Association's "Canadian Nursery Stock Standard"; b. Installation of landscaping and buffering is required before issuance of an occupancy permit for the principal building unless climate or weather conditions make installation impractical, in which case the Designated Officer may authorize a delay in installation until no later than June 30th of the following year; c. Plant materials located within 20 ft (6.1 m) of a public street must be of a salt-tolerant species; d. All required plantings within 30 ft (9.1 m) of an intersection between any combination of public streets, public lanes, or driveways must be limited to species that will not block sightlines between persons on such public streets, public lanes, or driveways, between a height of 30 in. (0.76 m) and a height of 6 ft (1.8 m) above grade. 7.5.3 The owner must maintain required landscaping and buffering areas in conformance with the following standards: a. The owner must maintain all landscaping and buffering areas required by this By-law free from refuse and debris and with a neat appearance, and must maintain plant materials, including lawns and naturalized landscaping, in a healthy growing condition. The owner must replace any plant material required by this Section that dies or becomes diseased within one year of death or infection; b. The owner must maintain each required landscape or buffer area with adequate drainage to prevent the accumulation of standing water, and must maintain drainage features free of refuse and debris to permit water to drain freely; and c. The owner must maintain all landscaping to avoid encroachment onto pedestrian walkways and to maintain a minimum clear distance of 6 ft (1.8 m) above all pedestrian walkways. 7.5.4 The minimum size of plantings shall be as follows: a. Deciduous trees located within 5 ft (1.5 m) of a walkway, path, or pathway: 2.5 in. (6.4 cm) caliper, and of species that normally have lower branches at least 6 ft (1.8 m) above grade at maturity; b. Deciduous trees not located within 5 ft (1.5 m) of a walkway, path, or pathway: 1.8 in. (4.5 cm) caliper; c. Coniferous trees: minimum of 6 ft (1.8 m) high at the time of planting; d. All shrubs: two-gallon container, and of species that can remain healthy when trimmed to maintain a height of not more than 30 in. (0.76 m) at maturity; and 34 e. Groundcover, annuals, and perennials: no minimum size. 7.5.5 Preservation of existing trees and vegetation is encouraged where possible. At the discretion of the Designated Officer and where construction is unlikely to negatively impact the health of the tree(s), existing trees may be given credit as part of any landscaping plan as shown in Table 7-2. An assessment from a certified arborist may be required by the Designated Officer to determine the potential impact of construction. Table 7-2: Tree Preservation Credits Caliper of Preserved Tree Number of Required Trees Credited Over 12 in. (30.5 cm) 6 8 in. to 11.9 in. (20.3 cm to 30.2 cm) 4 2.5 in. to 7.9 in. (6.3 cm to 17.8 cm) 2 7.5.6 All required front and corner side yards for single-unit and two-unit dwellings, except areas developed with permitted projections as outlined in Section 7.13, shall be developed and maintained with soft landscaping (open, unobstructed area that supports the growth of vegetation such as grass, trees, shrubs, flowers or other plants, and that permits water infiltration into the ground). Site Landscaping 7.5.7 If standards of two or more of the following areas overlap, or are inconsistent, the standard requiring more landscaping governs. In all cases: a. Required plantings may be clustered to provide visual interest as long as other requirements of this By-law are met; and b. Required landscape or buffer areas must not be used to accommodate accessory off-street parking or loading, storage of materials, or commercial or industrial activities of any kind. 7.5.8 Street edge landscaping is required for all development other than single-unit or two-unit dwellings and for all development in the Central Business District POD: a. All yards must contain a minimum of one deciduous or coniferous tree for each 30 ft (9.1 m) of linear street frontage, plus three shrubs for each 20 ft (6.1 m) of linear street frontage. b. Lot frontage areas occupied by curb cuts or driveways must be included when calculating linear frontage planting requirements, and any trees that would otherwise be required in such areas must be planted in remaining lot frontage areas unless prohibited by minimum spacing requirements for the species being used. 7.5.9 Parking lot interior landscaping is required for all parking areas within commercial, institutional, and industrial zoning districts that contain more than 30 automobile parking spaces: a. Five percent of the gross parking lot area must be landscaped; b. One tree must be provided for each 300 ft2 (27.9 m²) of parking lot interior landscape area and one shrub must be installed for each 100 ft² (9.3 m²) of parking lot interior landscape area; c. Parking lot interior landscaping must be distributed within the parking area to break up the expanse of pavement; and d. Where landscaping is provided within landscaped parking islands, those islands must be a minimum of 5 ft (1.5 m) wide. 35 7.5.10 A landscaped buffer must be installed where a side or rear lot line of a lot in a commercial, institutional, or industrial zoning district abuts a lot containing a residential use or that is designated or zoned for residential use. Where the side or rear yard of a proposed lot in a residential zoning district abuts a lot in a pre-existing commercial, institutional, or industrial zoning district, the proposed residential development shall provide the landscaped buffer unless it has been previously provided on the commercial, institutional, or industrial lot. The required buffer must comply with either Option 1 or Option 2 below: a. Option 1: Site edge buffering must have a landscaped area with at least one deciduous or coniferous tree for every 35 ft (10.7 m) of linear lot line and three shrubs per 20 ft (6.1 m) of linear lot line where the abutting condition exists. A landscaped berm a minimum of 2.5 ft (0.8 m) in height with a rise-to-run ratio not exceeding 1:3 may be integrated into this option. The height of planted materials (together with any berm provided) must be at least 6 ft (1.8 m) in height at the time of planting (see Figure 7-3). Figure 7-3: Illustration of Option 1 b. Option 2: Site edge buffering must include an opaque wall, berm, fence and/or dense vegetative screen with a minimum combined height of 6 ft (1.8 m). If a vegetative screen is proposed, it must be at least 6 ft (1.8 m) in height at the time of planting. If a wall or fence is used the maximum continuous horizontal length of any section is 48 ft (14.6 m), at the end of which a landscaped strip of a minimum length 16 ft (4.8 m), a minimum depth of 4 ft (1.2 m), and with shrubs a minimum height of 2.5 ft (0.8 m) must be provided (see Figure 7-4). Figure 7-4: Illustration of Option 2 7.5.11 A landscaped buffer must be installed when a parking or loading area accessory to any use, other than a single-unit or two-unit residential dwelling, is located within 20 ft (6.1 m) of a side or rear lot line abutting a lot containing a residential use or that is designated or zoned for residential use. a. Buffering of a parking or loading area may comply with either Option 1 or Option 2 in provision 7.5.10, but the required minimum height of any wall, fence, berm, or combination of a wall, 36 fence, or berm may be 4 ft (1.2 m) rather than 6 ft (1.8 m). 7.6 Lighting 7.6.1 The owner of each lot containing a use other than a single-detached or two-unit residential dwelling must comply with the following standards. These standards do not apply to seasonal lighting used less than 60 days per calendar year. a. No owner may install or maintain a light source that is directed outward toward property boundaries or adjacent rights-of-way. b. All light sources must be shielded to prevent glare and spillover. c. Wall-mounted lights must have fully shielded luminaires to direct all light downward. d. Lighting of non-residential properties must be directed downward except for low voltage architectural, landscape and decorative lighting. e. Architectural, landscape, and decorative lighting may be directed upward to illuminate flags, statues, or any other objects but must use a narrowly directed light whose light source is not visible from adjacent residential properties or public streets. f. The owner must install all required lighting so as to maintain a minimum clear distance of 7 ft (2.1 m) above all pedestrian walkways, and such lighting must be installed so as not to cause a hazard to those using pedestrian walkways. g. No person may install or maintain strobe lights that are visible from another property, unless required by a governmental aviation authority. h. No person may install or maintain red, blue, or yellow rotating lights designed to imitate lighting on police, fire, or emergency vehicles that are visible from another property. 7.6.2 The owner may install and maintain parking area lighting only if it complies with the following provisions: a. Light fixtures must be located to provide a relatively uniform level of lighting and to avoid extreme contrasts between levels of lighting, except as necessary to prevent glare onto adjacent properties; b. Within any residential zoning district, the maximum permitted height of light poles is 20 ft (6.1 m); and c. Within any commercial or industrial zoning district, the maximum permitted height of light poles is 25 ft (7.6 m) within 50 ft (15.3 m) of residential uses, and 35 ft (10.7 m) in all other areas. 7.6.3 The owner may install and maintain canopy and service area lighting only if it complies with the following standards: a. All canopy lighting must use recessed luminaire fixtures and must be designed and located so as to prevent glare onto adjacent properties; b. No light source in a canopy structure may extend downward further than the lowest edge of the canopy ceiling; c. Reflective material must not be installed on the underside of the canopy; d. As an alternative (or supplement) to recessed lighting, indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. When this method is used, light fixtures must be shielded so that direct light is focused exclusively on the underside of the canopy and is not visible from any residential use adjacent to or across a 37 street or public lane from the subject property, or from any public right of way; and e. Service area lighting fixtures must be designed and located so that the light source cannot be seen from adjacent streets or areas with residential uses. Wall mounted light fixtures must use cut off devices to contain direct lighting to the service area and must have a concealed light source. 7.7 Lots of Record 7.7.1 No structure may be erected on a lot of record unless: a. The lot was on record in the Winnipeg Land Titles Office prior to the effective date of this By- law, or amendments thereto, and did not form part of a larger contiguous holding under the same ownership; b. The lot is in separate ownership and is not part of a continuous frontage with other parcels of land of the same ownership; and c. The required yards are provided as set forth in the dimensional standards table of the district in which the lot is located, except that where width is a factor of the non-compliance, the side yards may be reduced to ten (10) percent of the width of the lot but shall not be less than 3 ft (0.9 m). 7.8 Moving of Structures No existing building or existing structure over 125 square feet shall be moved in whole or in part to any other location unless every portion of the building or structure is made to conform to all the regulations of the By-law applying to the zone in which it is located and the owner, or their agent, has first obtained a conditional use pursuant to the Act. 7.9 One Dwelling Unit Per Lot 7.9.1 No person may erect, and the owner of property may not permit to be erected, more than one dwelling unit per lot, except for the following as provided for in this By-law: a. Two-unit dwellings and multi-unit dwellings; b. Manufactured homes; and c. Secondary suites. 7.10 Outside Storage 7.10.1 On any lot that contains any use other than a single-unit or two-unit dwelling, and abuts a lot containing a residential use or that is designated or zoned for residential use, all permitted storage of materials, inventory, and products must be: a. Within a completely enclosed building; or b. Effectively screened from the view of the residential buildings by: (i) An opaque fence or masonry wall at least 6 ft (1.8 m) in height, or (ii) A chain link fence with plastic slats at least 6 ft (1.8 m) in height, or (iii) A chain link fence bordered by coniferous trees and shrubs with an expected mature height at least equal to the height of the fence. 7.10.2 The stored materials, inventory, or products within the enclosure must not exceed the height of the 38 enclosure. The wall or fence must be maintained in good repair at all times, to the satisfaction of the Designated Officer. 7.10.3 In addition, in all zoning districts, any outside storage must comply with the following additional standards: a. If the outside storage area is used only for outside storage, and not for operations and maintenance related to the use or property, the outside storage area must be located to the rear of a line adjacent to and parallel with the front wall of the principal building; b. If the outside storage area is also used for operations and maintenance related to the use or the property, then the outside storage area must be located to the rear of a line adjacent to and parallel with the rear wall of the principal building; c. Outside storage of sand, gravel, soil, or other loose aggregate is prohibited within 300 ft (91.4 m) of the boundary of any residential zoning district; and d. Outside storage is not permitted in any required yard. 7.10.4 The owner must maintain all voluntary and required screening required by this By-law free from refuse and debris in good repair, and provision 7.5.3 applies to any plant material used. 7.10.5 The owner must maintain each required screening area with adequate drainage to prevent the accumulation of standing water and must maintain drainage features free of refuse and debris so as to allow water to drain freely. 7.11 Parking and Loading 7.11.1 The following regulations apply to the calculation of required parking spaces: a. Each owner must provide the amounts of accessory off-street parking spaces shown in Table 7-3: Required On-Site Parking Spaces for all principal and accessory uses unless the requirements in that table are modified by another provision of this By-law. Table 7-6: Loading Spaces Required identifies the required number of loading spaces. b. Notwithstanding the parking requirement that would otherwise apply, if the development meets the definition of a shopping centre or industrial multi-use, then the requirements applicable to a shopping centre or industrial multi-use apply. c. When the computation of the number of accessory off-street parking spaces required by this By-law results in a requirement of a fractional parking space, any fraction less than one-half of a parking space may be disregarded, but a fraction of one-half or more of a parking space must be counted as one parking space. d. Where principal uses from different sub-categories of uses listed in Table 10-1: Use Table are located within a single building (for example: retail and service uses in a hotel or office building, or offices combined with warehousing uses), the number of parking spaces required is reduced to 80 percent of the aggregate of the accessory off street parking spaces required for each use established on the lot pursuant to Table 10-1. e. An applicant may propose to the Designated Officer a parking management plan prepared by a professional traffic engineer or parking consultant, documenting that a lower amount of automobile parking is adequate to meet the needs of the proposed use or combination of uses and to prevent traffic or parking congestion on surrounding streets or public lanes. A parking management plan may consider such factors as unique patterns of peak hour use, the proximity of other public parking areas and proximity to major public transportation routes. At the Designated Officer's discretion, the amount of required off-street parking may be reduced 39 in conformance with the approved parking management plan. f. Where more than 250 parking spaces are required on a lot, the owner must not provide parking spaces in an amount exceeding 125 percent of the minimum number required. This provision does not apply to shopping centres and does not apply to structured parking for any use. This provision shall apply at the time of development or redevelopment of the lot. If the tenancy or use of the property is later changed to a use with lower parking requirements, the fact that surface parking exceeds 125 percent of the minimum parking requirements of the new use will not be deemed to create non-conformity. g. Electric vehicle charging stations are permitted in all accessory parking areas and each on-site electric vehicle charging station, up to a maximum of two stations per lot, shall count as 1 traditional vehicle parking space when determining the amount of required parking required in Table 7-3. Table 7-3: Required On-Site Parking Spaces Use Type Required Number of Parking Spaces Required Number of Queuing Spaces Loading Space Category (Table 7-6) Advertising/billboard sign Agricultural cultivation Agricultural grazing Apiary Aviary Cemetery Community gardens Data processing centre Day care, home (fewer than nine children) Freight or truck yard Keeping of animals Metal shipping containers Mini-warehouse/self- storage Outside storage Park Parking, structure Parking, surface Solar energy generating system, on-site use Stable, private Stable or riding academy Wireless communication, building-mounted tower Wireless communication, freestanding tower No off-street parking required N/A A Caretaker's residence Dwelling, single-unit Manufactured home Secondary suite 1 / dwelling unit N/A A Dwelling, two-unit Home-based business 1.5 / dwelling unit N/A A Assisted living facility Group home Group residence 1 / 5 dwelling units or beds N/A A 40 Use Type Required Number of Parking Spaces Required Number of Queuing Spaces Loading Space Category (Table 7-6) Neighbourhood rehabilitation home Dwelling, multi-unit 1.5 / dwelling unit plus 10% unassigned for guest parking N/A A Dormitory 1 / 3 bedrooms N/A A Emergency residential shelter 1 / 1,000 ft² (92.9 m²) N/A A Hospital 1 / 1,000 ft² (92.9 m²) N/A B Funeral chapel, mortuary, or crematorium 1 / 100 ft2 (9.29 m²) N/A B Place of worship 1 / 215 ft2 (19.97 m²) of assembly room space N/A B Day care centre (nine or more children) Elementary or middle school 1.5 / classroom, plus 1.0 / 100 ft2 (9.29 m²) of public area Elementary or middle school: see Section 8.12 A College or university Commercial school Senior high school 2.5 / classroom, plus 1.0 / 100 ft2 (9.29 m²) of common assembly area Senior high school: see Section 8.33 B Auditorium / concert hall / theatre / cinema Library Race track Recreation centre, outdoor 1 / 500 ft2 (46.4 m²), but no less than 2 N/A B Airport and associated facilities Auction yard Bus depot or transit station Contractor's establishment Fleet services Heavy equipment sales, service, and rental Heavy industrial Light industrial Wholesaling 1 / 500 ft2 (46.4 m²), but no less than 2 N/A C Auction room Camping ground 1 / 4 persons at maximum occupancy load N/A C Gallery/museum/cultural centre 1 / 100 ft2 (9.29 m²) N/A C Private club, not licensed Recreation centre, indoor 1 / 250 ft2 (23.2 m²), but no less than 4 N/A B Golf course 3 / hole or 1 / 100 ft2 (9.29 m²) in clubhouse, whichever is greater N/A A Hotel or motel 1 / guest room N/A A Protection and emergency services 1 / 550 ft2 (51.1 m²), but no less than 2 N/A E Medical / dental / optical / counselling clinic 1 / 100 ft2 (9.29 m²) N/A C 41 7.11.2 The following development standards apply to all parking areas: a. The owner must provide all required accessory off-street parking spaces and parking aisles so that they meet the dimensions and standards shown in Table 7-4: Minimum Required Parking Use Type Required Number of Parking Spaces Required Number of Queuing Spaces Loading Space Category (Table 7-6) Call centre 1 / 400 ft2 (37.2 m²) N/A C Animal hospital or veterinary clinic Auto/light truck/motorcycle, repair, service, sales and rental Body modification establishment Cheque-cashing facility Kennel or animal pound Office Pawnshop Personal services Pet day care Research institution Retail sales Social service facility Studio, radio / TV / motion picture broadcast and production 1 / 500 ft2 (46.4 m²) Bank or lending institution, cheque-cashing facility or automated teller machine (ATM) with drive- through facility: 3 C Car wash Fuel sales 1 / 330 ft2 (30.7 m²), but no less than 1 space Car wash - automatic: 3 Car wash - self- service: 2 / bay D Drinking establishment Drive-through Restaurant Without drive-through facility: 1 / 100 ft2 (9.29 m²) With drive-through facility: 1 / 150 ft2 (13.9 m²) Restaurant with drive-through: 6 Other use with accessory drive- through: 2 D Correctional facility Garbage incineration and reduction Landfill / snow dump Public utility facility, major Public utility facility, minor Recycling collection centre Recycling plant Towing and storage facility Waste transfer station Wrecking and salvage yard 1 / 5,000 ft2 (464.5 m²) N/A A Shopping centre Supermarket 1 / 250 ft2 (23.2 m²) but no less than 2 N/A C Greenhouse, plant or tree nursery Warehouse 1 / 1,000 ft² (92.9 m²) N/A C Industrial multi-use See Section 8.15 N/A C 42 Space Dimensions, except for required accessible parking spaces, which must meet the standards of provision 7.11.6. b. An accessory off-street parking area must be provided with a parking aisle or driveway that has access to a public street or, where permitted by the City, to a public lane. c. Tandem parking is permitted for required parking spaces related to single-unit dwellings, two- unit dwellings, manufactured homes, secondary suites and home-based businesses. Required parking spaces for all other uses must be independently accessible from a parking aisle or driveway. d. The following standards apply to the surfacing of required parking areas and driveways (including any required or provided accessible spaces and loading spaces) for sites abutting a paved public street or lane: (i) The owner must hard surface any required parking areas and driveways to a minimum surfacing standard as approved by the City of Steinbach, except as exempted under clause (ii) of this Section. The exemption in clause (ii) does not apply to attached multi- unit dwellings that have been subdivided so that each unit is on its own lot. (ii) Where a use is a single or two-unit dwelling, the owner must provide all required parking areas and driveways with an all-weather, adequately drained surface, constructed and maintained so loose material is not dislodged, thrown or carried onto adjoining public streets or lanes. e. For sites with frontage on an unpaved public street, the owner must surface any required parking areas and driveways with an all-weather, adequately drained surface, constructed and maintained so loose material is not dislodged, thrown or carried onto adjoining public streets. f. All parking areas must comply with the requirements of Section 7.5 Landscaping and Buffering, Section 7.6 Lighting, and Section 7.13 Permitted Projections into Required Yards. g. Where there has been a change in use, the owner is required to surface any required parking areas and driveways of the new use in accordance with the provisions in 7.11.2. Table 7-4: Minimum Required Parking Space Dimensions Angle of Parking [a] Minimum Dimensions of Parking Space Minimum Parking Aisle Width Two Way One Way 75 to 90 degrees 9 ft (2.7 m) wide by 20 ft (6.1 m) long; 7 ft (2.1 m) high [b] 22 ft (6.7 m) 20 ft (6.1 m) 50 to 74 degrees 18 ft (5.5 m) Less than 50 degrees 12 ft (3.7 m) Parallel 9 ft (2.7 m) wide by 23 ft (7.0 m) long; by 7 ft (2.1 m) high [b and c]. 12 ft (3.7 m) Notes: a) The angle of parking must be measured between the centre line of the parking space and the centre line of the parking aisle or driveway. b) A maximum of 25 percent of the total number of parking spaces for non-residential uses, and a maximum 33 percent of the total number of parking spaces for multi-unit residential uses, may be reduced in length to 18 ft (5.5 m) and designated for small cars only. c) Width must be increased to 10 ft (3.0 m) if long dimension is immediately adjacent to a fence or wall. 7.11.3 If a parking area is used as a vehicle display area for the exhibition, sale, or rental of automobiles, 43 light trucks, motorcycles, boats, recreational vehicles, off-road vehicles, or similar items, the owner must comply with the following additional provisions: a. A minimum 2.5 ft (0.8 m) setback from the property line must be maintained when abutting a public right-of-way or an adjacent property; or b. A post-and-chain fence not exceeding 4 ft (1.2 m) and not less than 2 ft (0.6 m) in height must be erected where the display area abuts upon a public right-of-way or an adjacent property; c. The maximum height of a fence shall be 4 ft (1.2 m) unless the fence is set back 10 ft (3.0 m) from the lot line, public right of way or an adjacent property; and d. If a fence is not installed under part (b), a wheel stop or bollards must be installed with a minimum 25 ft (0.8 m) setback from the property line when abutting a public right of way. The intent is to prevent vehicle overhang onto public right of way or sidewalk. 7.11.4 Except for uses that do not require on-site parking spaces, the owner must provide the greater of two lockable bicycle parking spaces, or one lockable bicycle parking space per twenty (20) required automobile parking spaces. Required bicycling parking must be located with convenient access to major building entrances. 7.11.5 Except for single-unit dwellings, two-unit dwellings, manufactured homes, caretaker's residences, secondary suites and home-based businesses, the owner must provide the number of accessible spaces shown in Table 7-5 below, based on the total minimum number of spaces required in Table 7-3: Required On-Site Parking Spaces. For clarity, any required accessible spaces shall be counted towards the number of total parking spaces required as per Table 7-3 and shall not increase this number. Table 7-5: Accessible Parking Spaces Total Required Parking Spaces per Table 7-3 Minimum Number of Accessible Parking Spaces Required 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 and over 4 plus 1 for every 50 additional spaces, to a maximum of 10 7.11.6 Each accessible parking space must be in accordance with the following: a. A minimum of 8 ft (2.4 m) in width plus a 5 ft (1.5 m) wide adjacent access aisle. Two stalls may be served by one access aisle (see Figure 7-5); b. A hard surfaced accessible route must be provided from the accessible parking to an accessible entrance. It must be at least 63 in. (1.6 m) wide. The width requirement applies to curb ramps, sidewalks and built-up curb ramps. Accessible ramps must be located adjacent to the access aisle, not in the parking stall; c. Must be hard surfaced, regardless of whether other parking is paved or unpaved; d. Must include signage reserving the space for use by persons with disabilities; e. Must be located within 200 ft (60.1 m) of major building entrances used by residents, employees, or the public; and f. At least one curb ramp must be located horizontally within 100 ft (30.1 m) of the auto parking space closest to each entrance to a principal or accessory building that is not a service 44 entrance. Figure 7-5: Illustration of Access Aisle Between Parking Spaces 7.11.7 No person shall erect, enlarge, or change the use of a lot without providing and maintaining a minimum number of on-site loading spaces in accordance with Table 7-6. Table 7-6: Loading Spaces Required Loading Space Category Floor Area Number of Loading Spaces Required A N/A 0 B Less than 10,000 ft2 (929.0 m²) 0 10,000 ft2 (929.0 m²) to 199,999 ft2 (18,580.5 m²) 1 Each additional 200,000 ft2 (18,580.6 m²) +1 (up to 5 max.) C Less than 20,000 ft2 (1,858.1 m²) 0 20,000 ft2 (1,858.1 m²to 199,999 ft2 (18,580.5 m²) 1 Each additional 200,000 ft2 (18,580.6 m²) +1 (up to 5 max.) D Less than 20,000 ft2 (1,858.1 m²) 1 20,000 ft2 (1,858.1 m²) to 59,999 ft2(5,574.1 m²) 2 60,000 ft2 (5,574.2 m²) to 99,999 ft2 (9,290.2 m²) 3 Each additional 50,000 ft2 (4,645.2 m²) +1 (up to 5 max.) Notes: a) Each required loading space must be a minimum of 12 ft (3.7 m) wide by 25 ft (7.6 m) long by 14 ft (4.3 m) in unobstructed height. 45 Loading Space Category Floor Area Number of Loading Spaces Required b) The dimensions of the accessory on-site loading spaces must not include associated driveways or parking aisles. 7.11.8 When required, on-site vehicular loading spaces must be located either within or abutting the building containing the use. 7.12 Pedestrian and Bicycle Access 7.12.1 Each commercial, industrial or institution development containing more than 50,000 ft2 (4,645.6 m²), whether developed in single or multiple phases, and whether in a single or multiple principal building(s), must comply with the following standards, where applicable: a. Pedestrian and bicycle paths and pathways must be developed where indicated in the City's Official Community Plan and any other adopted plans or policies; b. All principal entrances of principal buildings must have direct access (i.e., access without having to cross a street) to a sidewalk, walkway, path, or pathway that leads to a public street. Each such sidewalk, walkway, path, or pathway must be a minimum of 5 ft (1.5 m) wide; c. Bicycle access routes must be provided between public bicycle lanes, paths, or pathways and on-site bicycle parking areas. Sites should be designed to avoid or minimize all conflicting bicycle/motor vehicle and bicycle/pedestrian movements; and d. All bicycle paths and pathways connecting to the City's path and pathway system must comply with the City of Steinbach standards. 7.13 Permitted Projections into Required Yards 7.13.1 Notwithstanding the required front, side, and rear yard requirements in Table 10-2: Dimensional Standards and Table 10-3: Dimensional Standards for Accessory Building, Structure or Use, owners may permit the building elements, landscaping and site elements, and other features listed in the left column of Table 7-7 to project into required front, side, and rear yards of properties falling within all zoning districts. 7.13.2 Notwithstanding Table 7-7, no projections from accessory buildings (regardless of size) shall be permitted closer than 2 ft (0.6 m) from any property line. 7.13.3 Projections that are not listed are not allowed unless otherwise specifically approved in writing by the Designated Officer, and where the obstruction or exception will have no greater impact on surrounding properties than those permitted. 7.13.4 Where maximum heights are stated in Table 10-2 and Table 10-3, those height limits apply to such elements and features when located in required yard areas. In addition, all elements and features located outside of required yard areas are subject to any applicable maximum heights stated elsewhere in this By-law. 46 Table 7-7: Permitted Projection Regulations Features Maximum Depth Maximum Floor Area Minimum Setbacks from Property Lines Maximum Height Building Elements Alcoves, bay windows, vestibules (limited to first storey). 5 ft (1.5 m) 12 ft2 (1.1 m2) (in any yard) 2 ft (0.6 m) (front or rear) & 3 ft (0.9 m) (side) - Balcony required under a Fire Protection By-law; or an enclosed fire escape. 4 ft (1.2 m) (rear yard) 48 ft2 (4.5 m2) per storey (permitted in rear yard only) - - All other balconies not required for Fire Protection. 4 in. (10 cm) per 1 ft (0.3 m) of yard but not exceeding 5 ft (1.5 m) - 3 ft (0.9 m) (side) - Brick facing. 5 in. (12 cm) - - - Cantilevers. 2 ft (0.6 m) with a maximum length of 8 ft (2.4 m) - 3 ft (0.6 m) - Decks 2 ft (0.6 m) or less in height. - - - 2 ft (0.6 m) Decks over 2 ft (0.6 m) in height. - - 15 ft (4.6 m) (rear) & 2 ft (0.6 m) (side). - Exterior wall finish excluding brick facing. 3 in. (8 cm) - - - Incidental building or architectural features. 5 ft (1.5 m) - 3 ft (0.9 m) - Roofs with unsupported overhang over exterior entrances (may not be enclosed except by railings). 5 ft (1.5 m) (front and rear yard) - 2 ft (0.6 m) (side) - Unsupported overhangs, eaves and eaves troughs. - - 2 ft (0.6 m) (side) & 5 ft (1.5 m) (front or rear) Eaves troughs shall not be included in determining the eave setback - Window wells. 2 ft (side yards) - - - Landscape and Site Features Arbours, trellises, trees, shrubs and similar horticultural landscape features. Permitted in all yards. - - - Bicycle racks and wheelchair ramps. Permitted in all yards. - - - 47 Features Maximum Depth Maximum Floor Area Minimum Setbacks from Property Lines Maximum Height Clotheslines, clothesline poles. Permitted in rear and side yards only. 2 ft (0.6 m) 7 ft (2.1 m) Open landings and terraces. 5 ft (1.5 m) 36 ft2 (3.3 m2) - 4 ft (1.2 m) Outdoor patios. - - Encroachments onto City of Steinbach rights-of-way require City approval. - Swimming pools. - 5 ft (1.5 m) (side and rear) as measured to the water 7.14 Permitted Projections Through Maximum Height Limits 7.14.1 Notwithstanding the maximum height limits established in Table 10-2: Dimensional Standards and Table 10-3: Dimensional Standards for Accessory Building, Structure or Use, building elements, site elements, and other features may project above maximum height limits as indicated in the following Table 7-8. Table 7-8: Permitted Projections Through Maximum Height Limits Features Permitted Projections Through Maximum Height Limits Antennas (not under the jurisdiction of Industry Canada). May not extend higher than 3.5 feet above the highest point on the roof of the principal building. Parabolic antennas attached to the roof of a building may not extend higher than 1.5 feet above the nearest point on the roof. Other antennas 30 feet above grade. Guard railing and parapet. Must not exceed 5 ft (1.5 m) when measured from the roof. Flag poles, lighting fixtures, lamp posts, and similar features. Must not exceed a maximum of 20 ft (6.1 m) in height in residential districts. Chimneys, flutes, elevators, stair bulkheads, flagpoles, aerials, spires, and communication towers and facilities. In all Commercial and Industrial zones the items shall not be considered as obstructions and therefore may exceed the maximum height limit. Solar energy generating systems As outlined in Section 8.34. 7.15 Public Works and Services 7.15.1 Nothing in this By-law shall be interpreted as to interfere with the construction, maintenance and operation of the facilities of any Public Utility Facility or Protective and Emergency Service, as defined in this By-law. 48 7.15.2 Nothing in this By-law shall be so interpreted as to interfere with the maintenance or erection of public monuments, statuary, and similar structures developed or approved by the City of Steinbach. 7.16 Rooftop Equipment 7.16.1 Rooftop mechanical equipment and appurtenances must be screened so as not to be visible from adjacent public streets or adjacent properties. Screening enclosures must be constructed of a material similar in appearance to at least one of the materials used in the facades of the principal building and one of the same colours used in the principal building. All air conditioning compressors must be completely screened. Any rooftop equipment generating noise that can be heard outside the boundaries of the lot must also be buffered or otherwise attenuated to direct unavoidable noise upward. 7.17 Setback Standards 7.17.1 No dwelling unit shall be located within 984.3 ft (300 m) of the City's wastewater treatment pond (lagoon), as measured from the outer toe of the nearest dyke. 7.17.2 No dwelling unit shall be located within 1,312.34 ft (400 m) of the City's waste management facility (landfill). 7.17.3 Buildings, structures and plantings adjacent to public streets under provincial jurisdiction shall be setback in compliance with provincial requirements. 7.17.4 Storage facilities of potentially hazardous materials, tanks and storage containers shall be setback a minimum of 300 ft (91.4 m) from the lot line adjacent to a public street. 7.17.5 No building or structure shall be erected upon any land designated for a future road allowance as designated in the Official Community Plan or other document adopted by Council. Any development adjacent to said future road allowance must comply with the requirements of the By-law as if the said future road allowance was already in existence. 7.18 Signs 7.18.1 The following provisions shall apply to all signs erected or maintained within the City of Steinbach, except wherein otherwise stated: a. No person may commence or cause to be commenced on a site the construction, erection, alteration, relocation, or repair, other than normal maintenance, of any sign, unless a development permit has been approved, or unless exempted by this By-law. For purposes of this provision, normal maintenance includes a change of sign copy if the sign face is damaged. b. All signs and sign structures shall be kept in good repair and in a proper state of preservation. Signs which have become obsolete because of discontinuance of the operation or activity or are not maintained in good condition or repair shall be repaired, removed or relocated following notice by the Designated Officer. c. The owner may erect and maintain accessory signs to all sites and uses other than single- detached and two-unit dwellings, subject to the standards of this Section. d. Billboards and other signs directing attention to a business, commodity or message offered elsewhere than upon the same lot on which that sign is located may only be allowed in zones where Advertising/Billboard Sign is a permitted or conditional use. 49 e. Where adjacent lots are in related use, and the lots have cross-access easements and/or shared parking agreements so that they have the appearance and function of a single lot development, signage that is accessory to a principal use on any of the lots will not be considered an Advertising/Billboard Sign simply because it is erected on another of the lots. f. No sign, including a mobile sign, may be erected, re-erected, or altered that may interfere with, obstruct the view of, or be confused with any authorized traffic signal, warning sign, or other regulatory or information device. 7.18.2 The following types of signs are not subject to the provisions of this By-law: a. Signs installed by the City for traffic control, public transit, parking, street names and direction; b. Street decorations or community billboards installed by or authorized by the City; c. Signs required to be erected or maintained by law or governmental order; d. Window signs, unless such signs occupy more than 30 percent of the window surface on any façade of the principal building in which case they are treated as fascia signs; and e. Election signs during Federal, Provincial, City, and School Board election periods and up to seven days after the election. 7.18.3 No illuminated advertising sign may be located in the yard of a commercial or industrial use that abuts a lot line in a residential zoning district, or on a wall overlooking such a lot line. 7.18.4 No owner may place an illuminated sign in a yard of a commercial, institutional, or industrial use that abuts a lot line in a development reserve or residential district, or on a wall overlooking such a lot line. 7.18.5 An owner may erect or maintain the following signs in all zoning districts without first obtaining a development permit, provided such signs are not illuminated, flashing, scintillating or animated, unless otherwise noted: a. Official public notice signs; b. One fascia or freestanding real estate sign, per lot (i.e., for sale or lease sign), illuminated or non-illuminated, not exceeding 32 ft2 (3.0 m²) in sign surface area, with a maximum height of 12 ft (3.7 m). The sign must be removed within 15 days of conclusion of the purpose for which the sign is erected; c. Non-illuminated construction signs not exceeding 125 ft2 (11.6 m²) in total sign surface area, to be located within the lot or attached to a fence, with a maximum height of 12 ft (3.7 m). The sign shall be permitted from the date a development application is made until eighty (80) percent of the building(s) or use(s) is/are occupied, or a Zoning Compliance Certificate is issued confirming compliance with all rules, agreements and orders; d. One non-illuminated development sign not exceeding 125 ft2 (11.6 m²) in total sign surface area, to be located within the lot, with a maximum height of 15 ft (4.6 m). The sign shall be permitted from the date a development application is made until eighty (80) percent of the building(s) or use(s) are completed, or a Zoning Compliance Certificate is issued confirming compliance with all rules, agreements and orders; e. Non-advertising memorial signs, commemorative plaques and cornerstones of bronze, brass, stone or other non-combustible materials when built into or attached to the walls of a building or other structure provided they bear only the name of the owner, the name and use of the building, the date of erection of the building and/or reading matter commemorating a person or event; f. Bulletin boards not exceeding 18 ft2 (1.7 m²) in sign surface area, limited to one per lot; 50 g. For a single-unit dwelling and each dwelling unit of a two-unit dwelling, one illuminated or non- illuminated sign up to a maximum of 4 ft2 (0.4 m²) in sign surface area indicating the address, name of occupant, or a permitted use; h. For each use other than a single-unit or two-unit dwelling, one identification fascia sign with illuminated or non-illuminated letters or logo, up to a total of 4 ft2 (0.4 m²) in sign surface area identifying the civic address and the name of the building; and i. Any sign that cannot be seen from off the premises. 7.18.6 The owner may erect and maintain the following types of signs for accessory off-street parking areas in the RHD zoning district, the commercial and institutional zoning districts, and the industrial zoning districts, and on any lot containing a permitted non-residential principal use in the DR-1, DR-2, RR, and RLD zoning districts: a. One illuminated or non-illuminated sign designating each entrance and exit, limited to a maximum of 6 ft2 (0.6 m²) in sign surface area per sign and a maximum height of 6.5 ft (2.0 m) above curb or grade; b. Illuminated or non-illuminated directional signs for control of traffic movement; limited to a maximum of 6 ft2 (0.6 m²) in sign surface area and a maximum height of 6.5 ft (2.0 m) above curb or grade; c. Illuminated or non-illuminated parking area sign or signs identifying the parking area and setting forth the rules governing the use of a parking area (i.e., "No Parking," "Public Parking," "Private Parking," etc.), limited to a maximum of 6 ft2 (0.6 m²) in sign surface area and a maximum height of 6.5 ft (2.0 m) above curb or grade; and d. Warning signs, provided that the sign surface area must not exceed 6 ft2 (0.6 m²). 7.18.7 All accessory signs, freestanding or attached to a building, must comply with the standards shown in Table 7-9. In Table 7-9, the first column indicates a zoning district or districts. The second column indicates the sign type. The third and fourth columns indicate dimensional requirements for each sign type. Standards for Advertising/Billboard Signs are outlined in Table 7-10: Advertising / Billboard Height and Surface Area Standards. Table 7-9: District Specific Accessory Sign Regulations Zoning District Type [a] Maximum Height Permitted Surface Area Per Lot DR1, DR2 Freestanding 25 ft (7.6 m) grade 100 ft2 (9.3 m²) Attached to building Wall height [e] 25% of building wall RSU, RLD, RMD Freestanding 20 ft (6.1 m) [b] 48 ft2 (4.5 m²) maximum [c] Attached to building Wall height PR, O, RHD, R-MX, R-MH, C1 Freestanding 8 ft (2.4 m) above grade [d] 48 ft2 (4.5 m²) maximum [c] Attached to building Wall height [e] EI, C2, C-MX, M1, M-MX, M2 Freestanding 20 ft (6.1 m) above grade 1.3 ft2 (0.1 m²) per 1 ft (0.3 m) of frontage to a maximum of 323 ft2 (30.0 m²). Attached to building Wall height [e] 25% of building wall C3, C4 Freestanding 50 ft (15.3 m) above grade 1.3 ft2 (0.1 m²) per 1 ft (0.3 m) of frontage to a 51 Zoning District Type [a] Maximum Height Permitted Surface Area Per Lot maximum of 323 ft2 (30.0 m²). Attached to building Wall height [e] 25% of building wall Notes: a) Signs "attached to building" include fascia signs, projecting signs, swinging signs, marquee signs, and canopy signs. b) For lots containing a permitted non-residential principal use. c) Maximum sign surface area of a sign accessory to a school, community centre or religious institution is 100 ft2 (9.3 m²) if a bulletin board is included. d) Maximum height of a sign accessory to a school or community centre is 20 ft (6.1 m). e) Signs may have an emblem, logo, or other unique features projecting above the building wall if the sign projection is not more than 2 ft (0.6 m) above the building wall or parapet wall and the total projection does not exceed 25 ft2 (2.3 m²). 7.18.8 Sign surface area is calculated as follows: a. Sign surface area includes the entire area of the smallest rectangle that encloses the extreme limits of any writing or symbol, background colour or material, and any embellishment of the supporting structure forming part of the display; b. Sign surface area includes the total area of all faces exhibited or intended for display, except where two faces are parallel and located back-to-back, in which case sign surface area includes the area of only one such face, and if the two parallel, back-to-back faces are not equal, then the sign surface area is the larger of such faces; c. Sign surface area does not include non-illuminated signs visible through windows in the building façade; d. A mobile sign that is not a flag, an inflatable sign, or a banner, is permitted to a maximum sign surface area of 85 ft2 (7.9 m²). A mobile sign that is a flag, an inflatable sign, or a banner, is not subject to a maximum sign size limit. e. When a three-dimensional sign has no easily measurable faces, the sign surface area of said sign is half the sum of the total area of the four vertical faces of the smallest right-angled box encompassing the sign. 7.18.9 Signs that feature flashing or scintillating illumination, animation, rotation, electronic messaging or video screens must meet the following requirements: a. A Conditional Use Order is required; b. The following copy and/or letter heights based on posted speed restrictions must be followed: (i) Copy height of 9 in. (22.9 cm) or less in a 50 kilometer per hour speed zone; (ii) Copy height of 11 in. (27.9 cm) or less in a 60 kilometer per hour speed zone; (iii) Copy height of 13 in. (33.0 cm) or less in a 70 kilometer per hour speed zone; and (iv) Copy height of a maximum of 15 in. (38.1 cm) in a speed zone above 70 kilometers per hour. c. No electronic message board or video screen may be located within 50 ft (15.3 m) of a pedestrian crosswalk/corridor or controlled intersection. d. The sign must be located and installed in such a way that illumination does not project to any surrounding residential uses. 52 e. The Owner shall display public safety broadcasts upon request from the City of Steinbach. f. The sign may not carry live video, any form of audible broadcast or full motion or animation in the form of a short commercial or video. Only static images will be permitted. g. The brightness of the sign copy must be adjusted on the time of day or night, as well as ambient light conditions including, but not limited to, cloudy or bright sunlight. A maximum luminaire of 13,000 nits between sunrise and sunset, and a maximum luminaire of 400 nits between sunset and sunrise. 7.18.10 Each freestanding accessory sign shall be set back from each side, front and rear lot line, a minimum of 2 ft (0.6 m) clear of projections. 7.18.11 For projecting signs, the minimum height above-grade to the bottom edge of the sign must be 8.5 ft (2.6 m). Temporary Signs 7.18.12 Temporary signs must meet the following requirements: a. An owner may erect or maintain temporary signs related to civic, non-commercial health, safety or welfare campaigns, or to campaigns by educational or religious organizations, in all zoning districts by first obtaining a development permit, provided such signs are not illuminated, flashing, scintillating or animated, unless otherwise noted. The following standards shall apply: (i) Temporary signs or banners must not exceed 85 ft2 (7.9 m²) in sign surface area or a maximum height of 9 ft (2.7 m); (ii) Signs must be removed within 15 days following the date of the event; and (iii) Signs are not to be erected earlier than the official date of the commencement of the campaigns to which they are associated. Advertising/Billboard Signs 7.18.13 The height and size of Advertising/Billboard signs must not exceed the limits shown in Table 7-10. All Advertising/Billboard Signs must comply with all dimensional standards applicable to the zoning district where the property is located. Table 7-10: Advertising / Billboard Height and Surface Area Standards Zoning District Sign Type [a] Maximum Height Permitted Surface Area Per Zoning Lot DR-1 Freestanding 25 ft (7.6 m) above grade 200 ft2 (18.6 m²) Attached to building Wall height C2, CMX, M1, M2, MMX, RMX Freestanding 20 ft (6.1 m) above grade 200 ft2 (18.6 m²) Attached to building Wall height C3, C4 Freestanding 50 ft (15.3 m) above grade 200 ft2 (18.6 m²) Attached to building Wall height Notes: a) Signs "attached to building" include fascia signs, projecting signs, swinging signs, marquee signs, and canopy signs. 53 Mobile Signs 7.18.14 Mobile signs must meet the following requirements: a. A mobile sign permit is required for each mobile sign, and the sign must be removed upon expiry of the permit. b. No mobile sign shall be illuminated or electrified or have any rotating beam or beacon, or feature flashing or scintillating illumination, animation, rotation, electronic messaging, or video screens. c. Any mobile sign occupying a portion of a highway, right-of-way, public place or where a mobile sign has been abandoned, or where a permit has expired or where a permit has not been obtained, may be removed by the City of Steinbach By-law Enforcement Officer or appointee of the City, without notice. d. A fee of $100.00 and the costs of removal shall be payable for recovery of the sign and failing recovery within 30 days of removal, the City may dispose of the sign, retaining sufficient proceeds to pay the fees and costs imposed by this Section and the costs of sale. e. No person shall erect a mobile sign unless such sign displays an owner identification label no larger than 0.25 ft2 (0.02 m2), that displays the name and contact information of the erector of the sign in clearly legible lettering located in such a place on the sign that it can be easily read. f. Subject to issuance of a mobile sign permit, an owner may locate or erect either a flag, a banner, or an inflatable sign (but not more than one of them) on a lot for a period not exceeding 365 days, providing the sign does not prohibit the use of a required parking space. g. Subject to issuance of a mobile sign permit, an owner may locate or erect a mobile sign that is not a flag, an inflatable sign, or a banner on a lot for a period not exceeding 365 days per calendar year, providing the sign does not prohibit the use of a required parking space. h. No property owner may erect more than one mobile sign per use on a lot. The maximum number of mobile signs on any lot at any one time may not exceed two, regardless of the number of individual uses located on that lot. i. A maximum of one mobile sign is permitted on the same lot as an electronic message board sign. j. A mobile sign must be contained within the lot on which it is located, not encroaching on any right-of-way. Additionally, all such signs must comply with Table 7-11. Table 7-11: District Specific Mobile Sign Regulations Zoning District Front yard setback Side yard setback Maximum Height Maximum Width C1, C2, C-MX, C3, C4, EI, M- MX, M1, M2, PR, O 1 ft (0.3 m) 2 ft (0.6 m) 9 ft (2.7 m) 10 ft (3.0 m) Additional Standards In the case of a corner lot, the required side yard setback is 10 ft (3.0 m) in all zoning districts. 54 7.19 Subdivision of Attached Dwellings 7.19.1 A site containing more than one attached dwelling may be subdivided to provide individual sites to one or more of the attached dwelling units, provided that: a. Any new lot line shall be a straight line between the front and rear lot lines, located in such a way that the party wall of the two adjacent units shall form part of the new lot line. Where a lot line is unable to be straight due to the irregular shape of the site, the location of the new lot line shall be determined by the conditions of any subdivision approval and verified by the Designated Officer; b. Each lot created shall have frontage on a public street, except in the case of a bare land condominium development outlined in The Condominium Act where the common site elements containing roads shall be deemed to be a right-of-way for the purposes of this provision; c. In the case of an attached dwelling, each created site may only accommodate one dwelling unit and permitted accessory uses and structures; d. Each lot created must provide at least one parking space with access to this required parking space being directly from either a public lane or a street; e. No side yard is required along the newly created lot line which creates a party wall; f. Notwithstanding the minimum dimensional standards found in Table 10-2: Dimensional Standards and Table 10-3: Dimensional Standards for Accessory Building, Structure or Use, any parcel created pursuant to this Section shall have a minimum area of 2,000 ft2 (185.8 m²) and a minimum frontage of 20 ft (6.1 m); and g. Each end unit in a grouping of attached dwellings must meet the minimum side yard or corner side yard requirement, as applicable, of a two-unit structure in the same zoning district (see Figure 7-6). Figure 7-6: Illustration of Splitting a Lot Containing Attached Dwellings 55 7.20 Temporary Buildings and Uses 7.20.1 No temporary use or temporary structure may exist without an approval from the City of Steinbach, except for the following uses provided they comply with the general requirements of provision 7.20.2: a. Garage or yard sales up to a maximum of two weekends per year, for a maximum of three days each; and b. Temporary car washes lasting no more than two consecutive days, seven times per year. 7.20.2 A permit issued for a temporary use or temporary structure shall be subject to such terms and conditions as required by Council or the Designated Officer, in addition to the following general requirements, unless otherwise specified in this By-law: a. The temporary use or temporary structure must not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare; b. The temporary use or temporary structure must not have adverse impacts on nearby residential neighbourhoods; c. The temporary use must comply with all applicable general and specific regulations of this Section unless otherwise expressly stated; d. The temporary use or temporary structure must not result in permanent alterations to the site; e. Unless otherwise stated in this By-law or in the terms of the permit, a temporary building or use must cease within 30 days after approval of the permit; f. The temporary use or temporary structure must not violate any applicable conditions of approval that apply to the permanent use on the site; g. If the property is undeveloped, it must contain sufficient land area to allow the temporary use or temporary structure to occur, as well as any parking and traffic movement that may be associated with the temporary use, without disturbing sensitive or protected resources such as floodplains; h. Tents and other temporary structures must be located so as not to interfere with the normal operations of any permanent use located on the property; and i. A temporary use is not permitted unless sufficient off-street parking is adequate to the anticipated parking needs associated with the temporary use. 7.20.3 In addition to complying with provision 7.20.2, the following provisions must be adhered to for the specific temporary uses listed. Temporary sign regulations are outlined in 7.18.12. a. Farmers' Markets (i) Farmers' markets may operate between the dates of April 1 and October 31 annually. b. Real Estate Sales Offices and Model Sales Homes (i) All real estate sales offices and model sales homes must meet all dimensional standards and parking requirements set forth in Table 10-1: Use Table as applicable to principal structures in the zoning district where the temporary structure is located. (ii) No real estate sales office or model home must be used as a dwelling during the time it is being used as a real estate sales office or model home. c. Seasonal Sales Areas (i) Seasonal sales areas must not reduce the number of required off-street parking or loading spaces below the minimums required by this By-law. 56 (ii) No seasonal sales may obstruct any vehicular circulation route into or through the property. (iii) All seasonal sales areas are limited to a maximum of 60 days in each calendar year. d. Temporary Construction Trailers (i) Temporary construction trailers or buildings must be removed from the premises within 30 days after completion of construction. e. Portable Garage Structures (i) No portable garage structure shall be permitted within a front yard. (ii) Portable garage structures must comply with the dimensional standards for accessory buildings in the applicable zoning district. (iii) A maximum of one portable garage structure is permitted per lot and must be placed on a driveway or parking space. (iv) Portable garage structures must be kept in good condition, and any failure in the fabric must be repaired within 60 days. (v) Portable garage structures may be permitted for a maximum consecutive time period of 150 days from the date of the permit being issued, per calendar year. 57 Chapter 8: Use-Specific Development Standards The following regulations apply to specific land uses due to their unique characteristics and impact on land and/or infrastructure. 8.1 Airport and Associated Facilities 8.1.1 No building or structure shall be erected within the following areas: a. A 200-foot strip parallel to and on either side of the centerline of a runway; and b. 800 ft (243.8 m) from either end of a runway. 8.1.2 No building constructed around an airport shall exceed the following height restrictions: a. No building along the edge of a runway shall exceed a height of one foot vertical for every 5 ft (1.5 m) measured horizontally from the edge of the runway strip (see Figure 8-1); and b. No building located in the takeoff or approach paths to a runway shall exceed a height of one foot vertical for every 25 ft (7.6 m) measured horizontally from the ends of the runway strip and diverging 10 percent from the extension of the edges of the runway strip, (see Figure 8-1). Figure 8-1: Illustration of Runway and Runway Strip 8.2 Auction Room 8.2.1 In the C-MX, M-MX, and M1 district, auction rooms are limited to a maximum of 10,000 ft2 (929.0 58 m²) of floor area and may not include outside storage areas. 8.3 Auditorium/Concert Hall/Theatre/Cinema 8.3.1 In the PR, C2, M-MX, and M1 zoning districts, auditoriums, concert halls, theatres, cinemas, and similar uses are limited to a maximum of 40,000 ft2 (3,716.1 m²) of floor area. 8.4 Auto/Light Truck/Motorcycle, Repair, Service, Sales and Rental 8.4.1 Vehicle display areas are subject to compliance with provision 7.11.3. 8.4.2 All major repair work on vehicles or equipment, including vehicle preparation must be conducted within an enclosed building meeting the requirements of this By-law. 8.4.3 Any overhead service doors within 100 ft (30.1 m) of an adjacent, residentially zoned lot or site must remain closed when not being used for entry or exit of vehicles. 8.4.4 At least one permanent building must be erected for use as a sales or administrative office, having at least 200 ft2 (18.6 m²) of floor area, constructed of wood, masonry, or other building material approved by the City, and set on a foundation. 8.5 Cheque-cashing Facility 8.5.1 No cheque-cashing facility may be located within 1,000 ft (304.8 m) of another cheque cashing facility or a pawnshop. 8.6 Data Processing Centre 8.6.1 A noise impact assessment and/or a noise mitigation plan may be required by Council, if deemed necessary. 8.6.2 All Data Processing Centres shall be set back a minimum of 300 ft (91.4 m) from a property line adjacent to a residential zone or property with residential use. 8.7 Day Care Centre 8.7.1 Each day care centre must provide a drop-off/pick-up area to ensure the safety of persons and to ensure that vehicles dropping off or picking up do not interfere with smooth traffic flow on adjacent public streets. 8.7.2 All Day Care Centres require provincial licensing. 8.8 Day Care, Home 8.8.1 All home day cares must comply with the following additional requirements: a. The hours of operation must be limited to between 6:00 am and 7:00 pm; b. No other home-based businesses may be conducted within the premises; c. Limited to less than nine children; d. Limited to a single-unit dwelling; and e. Must provide a pick-up/drop-off area, which may be a driveway, sufficient to ensure the safety of people when entering and leaving the premises. 59 8.9 Drinking Establishment 8.9.1 In the R-MX, C-MX and C1 zoning districts, drinking establishments are limited to a maximum of 2,500 ft2 (232.3 m²) floor area and must not have a drive-through facility. 8.9.2 In the C2 zoning district, drinking establishments are limited to a maximum of 6,000 ft2 (557.4 m²) of floor area. 8.10 Drive-Through 8.10.1 Existing parking or loading spaces must not be utilized as part of a drive-through lane. 8.10.2 No drive-through facility may be located on a lot or site adjacent to a lot containing a residential use unless the drive-through facility is separated from the residential use by an intervening building, public lane, or public street. 8.10.3 No portion of a drive-through facility may be located in a required front yard, excluding drive- throughs in C3 and C4 zoning districts. 8.10.4 The applicant for a drive-through shall submit a traffic impact study that includes a recommendation for the number of queuing spaces and identifies any other measures required to ensure that the development does not interfere with the safety and transportation function of public streets. The number of queuing spaces provided shall not be less than recommended in the traffic study or as outlined in Table 7-3: Required On-Site Parking Spaces. 8.10.5 Entrances to a drive-through facility shall be set back at least 30 ft (9.1 m) from any intersection, unless exempted in writing by the Designated Officer. 8.11 Dwelling, Multi-Unit 8.11.1 In the C2 and C3 zones, the ground floor may only be used for non-residential and non-residential- related uses as outlined in Table 10-1: Use Table. 8.11.2 Multi-unit dwelling developments containing more than one principal building on a single lot or parcel must include an unobstructed walkway or pathway providing access between and access into principal buildings. The walkway or pathway must be at least 5 ft (1.5 m) wide, and, if curb ramps are necessary to provide such access, the curb ramps must comply with the slope and design requirements established by the City of Steinbach. 8.12 Elementary or Middle School 8.12.1 Each school must provide queuing spaces for the loading and unloading of passengers to accommodate a minimum of three school buses and five passenger vehicles. Such queuing spaces may be located within the required front yard. 8.13 Fuel Sales 8.13.1 Gas pumps and islands shall be set back 20 ft (6 m) from any lot line; 8.13.2 No displays or storage of merchandise, parts or refuse may be located closer than 20 ft (6 m) from the street or lane. 8.13.3 All trash and refuse must be stored in a building or within an area enclosed by a wall or a solid fence at least 6 ft (1.8 m) high. 60 8.13.4 Screening adequate to buffer adjacent residential uses from noise and light must be installed and maintained along property lines where the use abuts a residential area. 8.14 Home-based Business 8.14.1 The following home-based businesses are prohibited in all zoning districts: a. Adult entertainment; b. Dating and escort service; c. Massage therapy, unless the resident providing the service is licensed as such by the City of Steinbach; d. Body modification; e. Public bath, whirlpool bath, or similar establishment; f. On-site painting, body repairs, or other repair of automobiles, trucks, boats, trailers, or other motorized vehicles; g. Vehicle towing operations; h. Dispatch centres for auto-oriented services; i. Any business utilizing radio transmission equipment; j. Any business engaged in the sale and rental of autos, light trucks, or motorcycles; k. Cheque-cashing facilities; l. Retail sales; and m. Any other business that the Designated Officer deems incompatible in a residential setting. 8.14.2 Any person operating an established home-based business which experiences any addition, change or alteration, is required to notify the City, prior to allowing the business activity to continue, and the license may, subject to the business still complying with all the regulations, be upgraded and confirmed at no additional cost. 8.14.3 Compliance with the provisions of this By-law does not negate the requirements to comply with the provisions of other City By-laws. 8.14.4 In addition to all standards applicable in the zoning district where the use is located, the following conditions apply to all home-based businesses, as defined in Section 10.2: a. All home-based businesses must be operated in accordance with all plans and documents approved as part of the application; b. The operators of the home-based business must be residents of the dwelling unit; c. If the resident proposing to operate a home-based business is not the property owner, written consent from the property owner is required; d. Only one non-resident employee may work on the premises regardless of the number of home- based businesses that may be permitted for that premise; e. More than one home-based business per dwelling may be permitted, provided that all applicable regulations are satisfied; f. An accessory structure may be used for conducting a home-based business, provided that the structure complies with all other requirements of this By-law; g. The cumulative size of all home-based businesses within a dwelling unit or accessory building must not exceed 25 percent of the total floor area of the dwelling unit and accessory building or 800 ft2 (74.3 m²), whichever is less; 61 h. Work or activity must be conducted entirely within the residential unit or accessory building; i. No home-based businesses may have any outdoor storage of any items related to the business, including without limitation, materials, inventory, or equipment, unless such items are stored in an enclosed accessory building meeting the requirements of this By-law; j. There must be no exterior indication of the existence of the home-based business, and no indoor display of the business visible from the outside, except that a home-based business may have one non-illuminated fascia type identification sign not exceeding 6 ft2 (0.6 m²) of total surface area; k. The sale of goods on the premises must be limited to incidental retail sales of those articles produced on-site or incidental to the service provided by the home-based business; l. A home-based business may provide instructional classes for not more than four pupils at a time; m. A home-based business must not cause the generation of undue traffic and congestion in the neighbourhood; and n. A home-based business must not be detrimental to the amenities or primary use of the neighbourhood. 8.14.5 If the home-based business is a bed and breakfast, the use must comply with the following additional requirements: a. The operator of the business must reside on the premises and must use it as their principal residential dwelling; b. The maximum number of guest rooms is the number of bedrooms existing in the structure, minus one for occupancy by the owners/operator of the facility; c. No cooking facilities are permitted in guest rooms; d. Guests may reside at the bed and breakfast for a maximum of two weeks; e. Bed and breakfast facilities are not subject to the restriction that home-based businesses occupy no more than 25 percent of the floor area of the principal building; and f. A minimum of two parking spaces must be provided per three guest rooms. 8.15 Industrial Multi-Use 8.15.1 All industrial multi-use are subject to a conditional use approval, which may require standards or limits affecting the following: a. All the types of uses that will be permitted within the facility; b. All the types of uses that will be prohibited from the facility; c. Hours of operation; d. A mitigation strategy for noise, odour and other nuisances; e. Landscaping and lighting; f. Site and drainage plans; g. Parking; h. Compliance to other City by-laws, as well the Manitoba Building Codes, Fire Codes and any other City and/or Provincial permits and approvals that may be required; and i. Any other conditions placed upon the applicant by Council or the Designated Officer. 8.15.2 All potential uses in an industrial multi-use must be permitted or conditional uses in the applicable 62 zoning district. 8.16 Keeping of Animals 8.16.1 The following requirements must be met for all cases where livestock or other animals (excluding pets) are sheltered, bred, raised, or sold on a site: a. A maximum of one animal unit is permitted for every acre of lot area, but must be less than ten (10) animal units in total, cumulative across species; b. The keeping of animals must adhere to all other local, provincial and federal health and agriculture regulations in addition to the standards in this by-law; c. Any ground-level structure intended for the keeping of animals must maintain a minimum setback of 15 ft (4.6 m) from any lot line; d. Animal feed must be properly stored in enclosed vessels; and e. Areas or enclosures intended for the keeping of animals must be properly cleaned and maintained to prevent odours from spreading onto abutting properties. Table 8-1: Animal Units by Category of Livestock in DR-2 Category of Livestock Animal Units Produced by One Animal Factor to be Used to Determine Animal Units (number of animals to produce one animal unit) Dairy Milking Cows (including associated livestock) 2 Beef Beef Cows (including associated livestock) 1.25 Backgrounder 0.5 Summer Pasture / replacement heifers 0.625 Feeder cattle 0.769 Hogs Sows, farrow to finish 1.25 Sows, farrow to weanling 0.25 Sows, farrow to nursery 0.313 Weanlings 0.033 Growers / finishers 0.143 Boars (artificial insemination operations) 0.2 Chickens Broilers 0.005 200 Roasters 0.01 100 Layers 0.0083 120 Pullets 0.0033 300 Broiler Breeder Pullets 0.0033 300 Broiler Breeder Hens 0.01 100 Turkeys Broilers 0.01 Heavy Toms 0.02 63 Category of Livestock Animal Units Produced by One Animal Factor to be Used to Determine Animal Units (number of animals to produce one animal unit) Heavy Hens 0.01 Horses Mares (including associated livestock) 1.333 Sheep Ewes (including associated livestock) 0.2 5 Feeder lambs 0.063 15.9 For Example: a 3.5-acre parcel is permitted a maximum of 3 animal units. To calculate the number of horses that are allowed, divide 3 by the number of animal units produced by 1 horse: 3 (maximum animal units permitted) / 1.0 (animal units produced by one horse) = 3.0 (3 horses total) 8.17 Kennel or Animal Pound 8.17.1 In the C3, and C-MX districts, a kennel may be considered as a Conditional Use only if all operations are conducted within an enclosed building. 8.18 Gallery/Museum/Cultural Centre 8.18.1 In the R-MX and C1 zoning districts, gallery/museum/cultural centres are limited to a maximum of 10,000 ft2 (929 m²) of floor area. 8.19 Manufactured Homes and Manufactured Home Parks 8.19.1 All development or redevelopment in the Residential Manufactured Home zone must meet the following standards. 8.19.2 A buffer area must be provided within and adjacent to the perimeter of a manufactured home park property boundary in accordance with the following: a. Minimum width of buffer area adjacent to a manufactured home park property boundary abutting a public street or highway must be 25 ft (6.6 m); and b. Minimum width of buffer area adjacent to any other manufactured home park property boundary must be 15 ft (4.6 m). 8.19.3 The required buffer area must be developed in accordance with the following: a. Suitable landscaping must be provided with trees, shrubs, grass and similar horticultural features as shown on the plans submitted to and approved by the Designated Officer; b. The buffer area may be crossed by an access right-of-way from a street to the internal roadway system; and c. The buffer area must contain no use other than those permitted above. 8.19.4 The following minimum separation distances must be provided: a. The minimum distance between manufactured homes must be 10 ft (3.0 m); b. The minimum distance from a manufactured home to a common parking area, storage compound, and rights-of-way of an internal roadway system and access roads must be 5 ft 64 (1.5 m); and c. The minimum distance from an accessory structure to a manufactured home to a common parking area, a storage area, rights-of-way of the internal roadway system or access roads must be 5 ft (1.5 m). 8.19.5 A porch, carport or any addition must be considered as part of the manufactured home for the application of the above separation requirements. 8.19.6 A manufactured home park must contain a storage compound containing a minimum of 100 ft2 (9.3 m²) of storage area for each manufactured home space in the manufactured home park and must be located as shown on plans submitted pursuant to the above-noted requirements. 8.19.7 A manufactured home park must contain a common recreational area that: a. Contains a minimum of eight percent of the manufactured home park area; b. Is not part of the required buffer area; and c. Is bordered by a fence or hedge where it abuts any part of the internal roadway system. 8.19.8 A manufactured home park must have internal roadway system rights-of-way as follows: a. The main spine or collector road of the internal roadway system must have a right-of-way a minimum of 50 ft (15.3 m) width; and b. Other roadways of the internal roadway system must have a right-of-way minimum of 33 ft (10.1 m) in width. 8.19.9 The internal roadway system must have a concrete or asphalt driveway a minimum of 25 ft (7.6 m) in width. 8.19.10 A walkway, where provided, must have a minimum width of 10 ft (3.0 m). 8.19.11 A manufactured home space must be provided with the following: a. A sewer and water connection; b. An electrical service outlet; and c. An adequate base support for the manufactured home. 8.19.12 Notwithstanding the requirements of Table 10-2: Dimensional Standards and Table 10-3: Dimensional Standards for Accessory Building, Structure or Use, the following reduced dimensional standard shall apply to individual manufactured home spaces within manufactured home parks: a. Minimum number of manufactured home spaces -25; b. Minimum area per manufactured home space -3,600 ft2 (334.5 m²); c. Minimum width per manufactured home space -40 ft (12.2 m).; and d. Minimum depth per manufactured home space -90 ft (27.4 m). 8.20 Medical/Dental/Optical/Counselling Clinic 8.20.1 In the C1 district medical/dental/optical/counselling clinic uses are limited to a maximum of 2,000 ft2 (185.8 m²) of floor area. 8.20.2 In the R-MX district medical/dental/optical/counselling clinic uses are limited to a maximum of 5,000 ft2 (464.5 m²) of floor area. 65 8.21 Metal Shipping Containers 8.21.1 Metal shipping containers must comply with the following standards: a. No metal shipping container shall be located in the front yard of any site; b. In the case of a corner lot, no metal shipping container shall be located in the street facing side yard; and c. Notwithstanding the above provisions, metal shipping containers may be allowed on a site during the construction or demolition of a building or structure and must comply with Section 7.20 of this By-law. 8.21.2 If a metal shipping container is intended to be on a site for ninety (90) or more days per calendar year, a metal shipping container: a. Shall be considered an accessory use and be subject to the relevant accessory use provisions of this By-law; b. Shall be placed on a solid foundation or proper base; and c. Where a site containing a metal shipping container abuts a site containing a residential use, the permitted metal shipping container must be effectively screened from view of the residential use(s) using an opaque fence or a row of coniferous trees or shrubs. The height of a fence or landscaped features must comply with the standards set forth in Table 7-1: Maximum Heights for Fences and Screening. 8.22 Office 8.22.1 In the R-MX and C1 district, office uses are limited to a maximum of 5,000 ft2 (464.5 m²) of floor area. 8.23 Park 8.23.1 Lots developed for a public park use are exempt from minimum required lot area and width requirements. 8.23.2 In the RSU, RLD, R-MX, and C1 zoning districts, parks are subject to the following limitations: a. The use may contain a maximum of two athletic playing fields; b. The use may not contain a swimming pool; and c. Any skateboard park must be limited to 5,000 ft2 (464.5 m²) of gross area. 8.24 Personal Service Uses (Unless Otherwise Listed) 8.24.1 In the C2 zoning district, a personal service use is limited to a maximum of 25,000 ft2 (2,322.6 m²) of floor area. 8.24.2 In the R-MX and C1 zoning districts, personal service uses (unless otherwise listed): a. Are limited to a maximum of 5,000 ft2 (464.5 m²) of floor area; and b. Are limited to operate between the hours of 7:00 am to 11:00 pm. 8.25 Place of Worship 8.25.1 Places of worship with a floor area of more than 40,000 ft2 (3,716.1 m²) are only permitted in C3, 66 C4, or EI. 8.26 Private Club, Not Licensed 8.26.1 In the C2, M-MX, and M1 zoning districts, private clubs (not licensed) are limited to a maximum of 10,000 ft2 (929.0 m²) of floor area. 8.27 Public Utility Facility, Minor 8.27.1 Each above-ground minor utility facility must be located to minimize visibility from residential uses and public streets and must be screened from view from adjacent public streets by shrubs with a minimum height at maturity of 3 ft (0.9 m). 8.27.2 Minor public utility facilities are exempt from compliance with the dimensional standards outlined in Table 10-2: Dimensional Standards. 8.28 Recreation Centre, Indoor 8.28.1 In the C2, C-MX, and M-MX zoning district, indoor recreation centres are limited to a maximum of 10,000 ft2 (929.0 m²) of floor area, except fitness and wellness centres which are limited to a maximum of 40,000 ft2 (3,716.1 m²) of floor area. 8.29 Recycling Plant 8.29.1 Recycling Plants with outside operations and/or storage are prohibited in the M-MX and M1 zoning districts. 8.30 Retail Sales Uses (Unless Otherwise Listed) 8.30.1 In the C2, C-MX, M-MX, and M1 zoning districts, a retail sales use is limited to a maximum of 50,000 ft2 (4,645.2 m²) of floor area. 8.30.2 In the C3 zoning district, a retail sales use is limited to a maximum of 150,000 ft2 (13,935.5 m²) of floor area. 8.30.3 In the R-MX, C1 and EI zoning districts, retail sales uses (unless otherwise listed): a. Are limited to a maximum of 5,000 ft2 (464.5 m²) of floor area; and b. Are limited to operate between the hours of 7:00 am to 11:00 pm. 8.31 Restaurants 8.31.1 In the R-MX, C-MX and C1 zoning districts, restaurants are limited to a maximum of 2,500 ft2 (232.3 m²) floor area and must not have a drive-through facility. 8.31.2 In the C2 zoning district, restaurants are limited to a maximum of 6,000 ft2 (557.4 m²) of floor area. 8.32 Secondary Suites 8.32.1 Secondary suites must comply with requirements of the National Building Code and Manitoba Amendments. 8.32.2 No more than one secondary suite shall be permitted on a lot. 67 8.32.3 Secondary suites are only permitted accessory to a single-unit dwelling. 8.32.4 A minimum of one on-site parking space must be provided in addition to parking required for the single-unit dwelling. 8.32.5 A manufactured home shall not be used as a secondary suite. 8.32.6 The following regulations apply to a secondary suite that is within or attached to a principal dwelling: a. The maximum floor area shall not exceed 40% of the total habitable floor space of the principal dwelling or 800 ft2 (74.3 m²) including any finished basement space, whichever is the lesser. 8.32.7 The following regulations apply to a detached secondary suite: a. The principal dwelling on the lot shall be owner-occupied. b. Notwithstanding Table 10-3: Dimensional Standards for Accessory Building, Structure or Use, the detached secondary suite shall be subject to the following dimensional standards: (i) Maximum floor area shall be no greater than 800 ft2 (74.3 m²) and shall be exempt and excluded from the maximum floor area calculation for accessory buildings. Any non-habitable part of the structure is included in the maximum floor area calculation for accessory buildings. (ii) Minimum rear yard: 10 ft (3.0 m), clear of projections. (iii) Minimum side yard: 5 ft (1.5 m), clear of projections. (iv) Minimum corner side yard: 10 ft (3.0 m), clear of projections. (v) Minimum front yard: as per Table 10-3. c. Minimum separation from the single-unit dwelling shall be 10 ft (3.0 m), clear of projections. d. A detached secondary suite shall not have a basement. 8.33 Senior High School 8.33.1 Each senior high school must provide queuing spaces for the loading and unloading of passengers to accommodate three school buses and three passenger vehicles. Such queuing spaces may be located within the required front yard. 8.34 Solar Energy Generating System, On-Site Use 8.34.1 Any solar energy generating system not mounted to a building shall adhere to the same setbacks and height restrictions for accessory buildings for the zone in which the installation is situated. 8.34.2 Any solar energy generating system not mounted to a building is prohibited in residential zones. 8.34.3 A roof or wall-mounted solar energy generating system shall not exceed, in size, the footprint of the principal structure. 8.34.4 A solar energy generating system that is mounted on a roof may project a maximum of 5 ft (1.5 m) from the surface of the roof but may not extend beyond the outermost edge of the roof. 8.34.5 A solar energy generating system that is mounted on a wall may project a maximum of 2 ft (0.6 m) from the surface of the wall and must be located a minimum of 8 ft (2.4 m) above grade. 68 8.35 Supermarket 8.35.1 In the C2, C-MX, M1 and M-MX zoning districts supermarkets are limited to a maximum of 55,000 ft2 (5109.7 m²) of floor area. 8.36 Wireless Communication Towers 8.36.1 The Federation of Canadian Municipalities (FCM)/Canadian Wireless Telecommunications Association (CWTA) Antenna System Siting Protocol (Protocol) must be addressed for any new cell towers or similar wireless technology infrastructure to be established in the City. 8.37 Wrecking or Salvage Yard 8.37.1 Wrecking or Salvage Yards must comply with the following standards: a. The site must be maintained in good condition, free of weeds, dust, trash, and debris; b. The site must be screened by a solid fence at least 6 ft (1.8 m) in height; and c. No materials or supplies shall be stored above the level of the screening fence. 69 PART D: ZONING MAPS CHAPTER 9: ZONING MAPS ................................................................................................ 70 H E S P E LE R S T R E E T N O R T H P.T.H. N O. 52 CREEKSIDE DRIVE AC R E S M A I N S T RE E T HEN RY STREET M I L L WO R K D R I V E REIMER AVENUE D R I V E IN D U S T R I A L R O A D WIL LE M S STRE ET ASH GROVE LANE CHRYSLER GATE L U N D R O A D ABBEY LANE BREEZY BEND CHRYSLER GATE BARKM AN AVENUE FIRS T STRE ET TOWER AVENUE BRIGHTON LANE L I F ES C IE N C E S PA R K WA Y VIC TO RIA AVENUE VAL ERIE L ANE G IESB REC H T S TRE ET CH A PEL DR IV E WILSON STREET D EERF I EL D TR AI L HOM E STREET LILAC BAY PE N FE L D D R I V E WHITBY HAR MON Y LA NE EL LIC E AV EN U E HANOVER STREET IN D U S T R I A L R O A D W E S T KIMBERLY M AP LE WO O D ST REE T MOONEY AVENUE WALNU T STREET ELLICE AV EN UE ELM AVENUE PLEASANT DRIVE DEERFIELD TRAIL REIM E R AV EN UE W HOSPITAL STREET CLEARWATER AVENUE LAING GATE ASHFO RD LANE JEFFERSON STREET SLATER PLACE WOO DHAVEN AVENUE PI O N E E R R O A D MARSHALL PLACE AL BER T STR EET KROEKER AV ENU E PUBLIC ROAD KROEKER AVENUE FOU R TH S T R EET S .W . LUM B ER AVEN UE EDGEWOOD STREET SUNRISE BAY MCFARLANE PLACE LISKA STREET THI R D S TR EET S . W. HO M E ST REE T NO RT H RAMS GATE CO MMERCE DRIVE QUAIL RIDG E PLACE LYNDH URST G ATE JUNIPER AVENUE COUNTRY VIEW LANE S ECO N D S TR EE T S . W. ROSE STREET GEORGE PL. GL ACIE R BAY CYPRESS PL. CL OVE R BAY GRA N DV IE W D RIVE GIESBRECHT STREET PENNER STREET PL EAS AN T CLOVERDALE STREET WESTWOOD STREET WESTDALE STREET GREENWOO D STREET GOOSEN AVENUE ORIOL E AVEN UE W ILL OW PL . GR AN ITE PAR K H E R IT A G E D RI V E CO RAL CRESCENT C L E A R S P RI N G D R I V E CARLETON DRIVE MADISON D RIVE G EISB REC H T ST REE T PAR K HILL CUT LASS PL. EAST W O O D DRIVE PARKVIEW HIGH POINT LANE BEAVERBR O O K DRIVE BEAVERBROOK DRIVE G O LF VI E W WESTVIEW D RIVE RO SEWOO D DRIVE SO UTHWO OD AVENUE H A RV ES T D R IV E G O L FA I R R O A D ELMDAL E S TR EET CARILLON WAY FRIESEN AVENUE CEDAR C RESCENT WILLOW CRESC EN T BE AV E R C RE S CENT PO PLA R ALDERWOOD CRESCENT AUTUM N- WO OD DRIVE WESTBROO K NORTHVIEW OAK C RES CE N T CASTLERO C K S P R UC E P IN E EVERGREEN AVENUE SP R IN GW O OD BREN T- W OO D DRIV E CHADDIN G TON PEA RL PL ACE GORDO N STREET RO CKWOO D STREET DO NALD AVENUE CO TTO NW O O D DR . FOX RUN PLACE FIR S T S TR E ET S. W. C RE EK SIDE PL ACE PENROSE BIRCH STREET FAIRMONT HIC KORY STREET AVONDALE PARKSID E P L. FAIRWAY CL OSE BROOKDALE EAGLE PL. APPLETON P L. M ADI S O N NORTHVIEW JAS P ER DR IVE ROSEBROOK TRAIL ROSE W O O D BL AIR BAY GOO SE N AVE . PA R K R O A D WE S T ME ADOWOOD PL. NORTH FRONT DRIVE WESTVI EW PL. CAMBRI DGE WAY KOOTE NAY WAY BARKM AN AVE. HOME ST. NORTH BIS CAY NE DRI VE ROBIN PLACE PI ON EE R DR . FERNWOOD BAY PARKWOOD CO VE FIF T H ST REE T S.W. CROCUS BAY BLUE JAY PLACE BRIA RWOOD PLACE G I E S BRECHT S T. SHE RWOOD PL. JUNIPE R PL. HAZEL- WOOD PL. BRIAR- WOOD COVE MA LI BU DRIVE PA R K R O A D E A S T K E A TI N G RO A D IN D U S T R I A L R O A D IN D U S T R I A L R O A D M I L L WO R K D R I V E NORTH FRONT DRIVE P.T.H. N O. 5 2 W P.T.H. NO. 12 N P.T.H. NO. 12 N CARLETON DRIVE CRESCENT P E N F E L D D R I V E CRESCEN T B OULEVAR D ST O N E B R I D G E C R O S SI N G PARKVIEW CRESCENT CRE SCE N T GR AN ITE PAR K B OULEVAR D MAP LEW O OD STR EET L O E W E N B L V D . BR A N D T S T R E E T BR A N D T S T R E E T P.T.H. NO. 12 L U N D R O A D CRESC ENT CRESCENT CO RAL CRESCENT HANOVER STREET HANOVER STREET ELMDALE ST RE ET ELMDALE STREET M A I N S T RE E T M A I N S T R E E T FIR S T S T R EET S. W. FIR S T S TR EET S. W. THIRD STREET S.W. TH IRD ST RE E T S.W. FO URTH STREET S.W. FI FTH STR EE T S. W . ASH S TREET BARKM AN AVE. REIMER AVEN UE REIMER AVEN UE LUM B ER AVE N UE CHRYSLER GATE CUTLASS DRIVE BAY BAY LILAC BAY PLACE CREEKSIDE DRIVE M C K E N Z I E A V E N U E H E S P E L E R S T R E E T N O R T H H E S P E L E R S T R E E T S O U T H H A N O V E R R O A D E A S T WYNDHAM COURT EST ATE D RI V E W Y N D H AM HAR M ON Y LAN E GRA N DV IE W DR IV E BRIA RWOOD PLACE RED- WOOD PLACE IMPE RIAL CRE SCENT CRE SCENTWOOD DRIVE WAY CRESCENTWOOD DRIVE YORK CRESCE NT ACORN AVE NUE NICOLET TE AVENUE IMPE RIAL CRE SCENT ALE XANDER WAY ALE XANDER WINDSOR GATE ESSEX DRIVE L O E W E N B L V D . WY ND HAM E S TA T E D R IVE A STO N C OVE PRES TON PL ACE AS H FO RD L ANE BRIGH TON L AN E DRIVE PAR K HILL CR ES CEN T B U S H F A R M R A O D B U S H F A R M R A O D M C K E N Z I E A V E N U E P.T.H. N O. 5 2 W TW I N C R E E K R O A D K E A TI N G RO A D K E A TI N G RO A D TW I N C R E E K R O A D PA R K R O A D WE S T PA R K R O A D WE S T C L E A R S P RI N G S RO A D W E S T RO A D 3 3 E PU BL IC R O A D ( U N D E V E L O P E D ) C L E A R S P RI N G S RO A D W E S T TW I N C R E E K R O A D RO A D 3 1 E LIONSGATE DRIVE OLD TO M ROAD PA R K R O A D EA S T OLD TO M ROAD HERI TAGE PA RK WAY P.T.H. NO. 12 H I RS C H F E L D R O A D N H I RS C H F E L D R O A D N H I RS C H F E L D R O A D S H A N O V E R R O A D E A S T H E S P E L E R S T R E E T S O U T H B U S H F A R M R A O D STERLING C RESCENT STERLING C RESCENT N O R T H G A T E D R I V E PARKLAND DRIVE SE-17-07-06-E SE-09-07-06-E SE-08-07-06-E SE-33-06-06-E NE-08-07-06-E SE-25-06-06-E NE-33-06-06-E SW-09-07-06-E SW-15-07-06-E SW-17-07-06-E NW-10-07-06-E SW-27-06-06-E SE-04-07-06-E NE-04-07-06-E SW-04-07-06-E NW-04-07-06-E NW-27-06-06-E SW-01-07-06-E NW-22-06-06-E SW-08-07-06-E SE-10-07-06-E SW-10-07-06-E NE-10-07-06-E NW-11-07-06-E NE-02-07-06-E NE-22-06-06-E SE-27-06-06-E NW-23-06-06-E NE-23-06-06-E SE-26-06-06-E SW-25-06-06-E NE-25-06-06-E SW-34-06-06-E 5 7-6E 8 7-6E 8 7-6E 16 7-6E 15 7-6E 10 7-6E 9 7-6E 11 7-6E 12 7-6E 25 6-6E 1 7-6E 4 7-6E 27 6-6E 24 6-6E 33 6-6E 26 6-6E 23 6-6E 22 6-6E 12 7-6E 13 7-6E RM OF HANOVER RM OF HANOVER RM OF LA BROQUERIE RM OF HANOVER Manning Canal Manning Canal Manning Canal O M1 RLD DR-1 DR-1 C3 DR-1 C1 M1 RRS C3 M1 PR RSU RLD M2 RLD C4 O RR RSU RRS O RSU RLD C3 C3 M1 DR-1 M2 M1 PR RSU EI RLD EI EI C1 RR EI C1 RLD C3 RHD RMH EI EI M2 DR-1 RR RLD RMD O EI C3 O DR-1 EI DR-1 C3 RLD RRS C3 C2 M2 RHD RMD RLD RSU RHD RSU C3 RMD DR-1 RMD C1 RLD RHD RLD RSU RMD C1 RLD RMD RMD RSU RHD RHD RLD RMD RMD M2 RMD C3 C2 EI EI O RMD C2 RMD RSU RLD C2 C2 RHD RMD RSU RMD M1 C2 RMD O C2 RMD C3 RR RLD RMD RSU RR RSU RMD RMD RMD RMD RLD RLD C2 O RMD RLD RLD C3 RMD RMD RMD RMD RLD RMD RMD RMD RLD RMD RMD RMD RMD RMD RMD RMD RLD RR RMD RMD RMD RLD RMD RMD RMD RMD RLD C3 M1 C3 C3 C3 RLD M1 M2 M2 C3 C3 C3 DR-1 M1 RHD RLD C2 DR-1 RSU RLD RMD DR-2 DR-1 DR-1 DR-1 RMD RLD RLD RLD RLD O RSU RSU RSU RLD RMD RMD RMD C1 RLD C2 RMD RMD RSU RMD RMD RSU RMD EI RMD RMD RSU RLD RLD RLD RLD RLD RLD C2 RMD RLD RLD RLD RLD RSU RLD RLD RLD RLD RRS RRS M1 RR DR-1 DR-1 RMD C1 RSU RSU RMD RLD PR RLD RLD RLD RSU RMD RMD RHD RLD C3 O C1 C1 C1 RSU RSU RSU RLD RMD M1 RLD RLD RSU RLD RLD EI EI RHD RMD RMD O DR-1 DR-1 DR-2 DR-1 DR-2 DR-2 DR-2 DR-2 RMD RSU RMD RLD RMD RMD RMD RLD RSU RSU RSU DR-2 C3 R S U R MD RLD RLD RMD RLD C2 C2 C2 C2 C2 C2 C2 C2 R S U RLD RLD RLD RLD RLD RLD RLD RLD RLD RMD RMD RSU RSU RSU RSU RSU RSU RSU RSU RMD C-MX RMD RMD RLD RSU PR RMD RHD RSU RLD RSU RMD C3 C3 RHD RSU C-MX RLD RLD RMD RSU RLD RLD RLD RMD RLD RLD C2 RLD RLD RLD RLD C1 C1 RMD PR PR PR PR C2 DR-1 DR-1 RLD RSU RMD C3 PR RSU RSU RLD RLD RMD RSU RSU RSU RSU RMD RMD RMD RSU RMD RMD 52 12 52 12 C1 - Commercial Neighbourhood C2 - Commercial Community C3 - Commercial Corridor C4 - Commercial Regional C-MX - Commercial Mixed Use DR-1 - Development Reserve 1 DR-2 - Development Reserve 2 M1 - Industrial Light M2 - Industrial Heavy EI - Educational and Institutional O - Open Space P - Parks and Recreation RSU - Residential Single-Unit RLD - Residential Low Density RMD - Residential Medium Density RHD - Residential High Density R-MH - Residential Manufactured Home RR - Rural Residential RR-S - Rural Residential Service City of Steinbach Assessment Parcels Municipal Boundaries Waterbodies - Perennial Waterways Provincial Road Provincial Trunk Highway Date: January 2026 Coordinate System: NAD 1983 UTM Zone 14N O Land Use Designations: Other Features: 0 300 600 150 Meters 0 750 1,500 375 Feet Zoning By-Law Overlays: CBD POD - Central Business District TZ POD - Transitional By-Law No. 2245 71 Part E: Definitions CHAPTER 10: DEFINITIONS .................................................................................................... 72 72 Chapter 10: Definitions 10.1 General Definitions Abut or 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 obstacles such as facility design and infrastructure impeding movement. Accessory building, structure, or use means a building, structure, or use established or erected in conjunction with or subsequent to the establishment or erection of a principal building, structure, or use approved under this By-law, and is subordinate or incidental to, and located on the same lot as, a principal building, structure, or use. Act, The means The Planning Act being CHAPTER P80 of the Continuing Consolidation of the Statutes of Manitoba, and amendments thereto. Adjacent means properties or uses that abut one another or are separated by a street or other publicly dedicated right-of-way, canal, or railroad right-of-way. Alteration, structural means the construction or reconstruction of supporting elements of a building or other structure, such as bearing walls, columns, joists, beams or girders. Animal unit (AU) means the number of animals of a particular category of livestock that will excrete 73.00 kg. (160.93 lb.) of nitrogen in a twelve-month period. Applicant means, unless otherwise specified, a registered owner or an owner's authorized agent, who has filed an application subject to the provisions of this By-law. Bare land condominium means a condominium, established under the provisions of The Condominium Act, upon which one or more units are defined by delineation of the horizontal boundaries of the unit without reference to any buildings. Basement means a storey or storeys of a building located below the first storey. 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 which provide 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. Conditional use means a use or development that may have unique or widely varying operating characteristics and may have potential operational or other impacts on adjacent properties or site development demands, specified as conditional in this By-law. Council means the elected council of the City of Steinbach. Designated officer means the employee delegated certain authorities by Council to carry out a power or responsibility in accordance with the regulations under the Act. 73 Development means: a. the construction of a building or structure; b. the installation of services and utilities on, over or under land; c. a change in the use or intensity of use of a building or land; d. the removal of soil or vegetation from land; e. the deposit or stockpiling of material on land; or f. the excavation of land. Development application means any application in connection with a development or an approval, permit, order, by-law or amendment that allows or would allow a development and includes any appeal filed against a Variance Order or Conditional Use Order related to any one or more of them. Development permit means a permit authorizing a development that is subject to a zoning by-law as defined by the Act, commonly referred to as a building permit when referencing the development of a building or structure. Dwelling unit means one or more self-contained rooms provided with sleeping and cooking facilities, intended for domestic use, and used or intended to be used permanently or semi- permanently as a residence for a household. First storey means the uppermost storey having its floor level not more than 6.5 ft (2 m) above grade. Flag lot means a lot lacking the required minimum lot width or frontage on an existing or proposed street but having direct access to the street through a narrow strip of land. Floor area means the sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of exterior walls, or from the centre line of partitions, except spaces in a basement, cellar or penthouse used for mechanical or heating equipment, and except any space within the building used as a parking area or loading area. Floor area ratio is computed as the combined gross floor area of all buildings on a lot or parcel, divided by the lot area, except that such floor area does not include any area used for parking within the principal building and does not include any area used for incidental service storage, installations of mechanical equipment, penthouses housing ventilators and heating systems, and similar uses. Frontage means the total of all property line(s) of a lot abutting a public street. Grade means: a. For purposes of sign regulations, the elevation established by the City for the surface of the sidewalk or boulevard above which the sign is located and, for a sign completely within private property, the finished ground surface directly underneath the sign; and b. For other purposes, the average of the finished ground surface at the midpoint of each wall of a building. In the case of walls that are parallel to and within 5 ft (1.5 m) of a public sidewalk, the ground level must be measured at the sidewalk. Hard surface means the use of asphalt, concrete, paving stones or other similar surfacing approved by the City of Steinbach but does not include gravel. Height means, when used with reference to a building or structure, the vertical distance between the horizontal plane through grade and a horizontal plane through: 74 a. The highest point of the roof in the case of a building with a flat roof or a roof having a slope of less than 20.00 degrees; b. The average level between eaves and ridges in the case of a pitched, gambrel, or hipped roof, or a roof having a slope of more than 20.00 degrees, provided that in such cases the ridge line of the roof shall not extend more than 5 ft (1.5 m) above the maximum permitted building height of the Zoning District; or c. The deck of a mansard roof. (1) Flat Roof; (2) Pitched, Gambrel, Hip Roof (3) Mansard Roof Incidental means a building, feature or use established or erected in conjunction with or subsequent to the establishment or erection of a principal building, structure, or use approved under this By-law, and is incidental to, and located on the same zoning lot as, a principal or accessory use, and that has fewer impacts than an accessory use. Lane, public means a thoroughfare not over 33 ft (10.1 m) in width in public ownership that affords only a secondary means of access to abutting property. Light truck means a truck or similar vehicle with a single rear axle and single rear wheels weighing less than 14,000 lbs. Livestock means animals or poultry not kept exclusively as pets, excluding bees. Loading means an open area of land or an area within a structure, not including within a public right- of-way, used for the loading and unloading of materials, merchandise, or people from motor vehicles. Loading space means that portion of a loading facility, excluding vehicle manoeuvring areas such as aisles and driveways that will accommodate one motor vehicle. Lot means the aggregate of all land described in any manner in a certificate of title. At the discretion of the Designated Officer, contiguous parcels of land under common ownership may be considered one lot for the purposes of applying the requirements of this By-law. Lot area means the amount of gross land area contained within the property lines of a lot. Lot coverage means the combined area of all buildings or structures on the site as a percentage of the lot area, measured at the level of the lowest storey above the grade, including all enclosed and 75 insulated decks, sunrooms, porches and verandas, but excluding seasonal non-insulated structures, open or covered, such as decks, screened porches or verandas, patios at grade, steps, uncovered walks, wheelchair ramps, cornices, eaves and similar projections. Lot, corner means a lot located at the intersection of two public streets, the interior angle of such intersection not exceeding 135.00 degrees. Lot depth means the horizontal distance measured between the midpoint of the front lot line and the midpoint of the rear lot line. Lot Depth Lot line, front means the property line of a lot abutting a public street. In the case of a corner lot, the front lot line is the shorter of the lot lines abutting a public street. Where an irregular shaped lot cannot have its lot lines defined by this definition, they shall be determined by the Designated Officer. Lot line, rear means either the lot line which is furthest from and opposite the front lot line, or, where there is no such lot line, the point of intersection of any side lot lines which is furthest from and opposite the front lot line. Where an irregular shaped lot cannot have its lot lines defined by this definition, they shall be determined by the Designated Officer. Lot line, side means the property line of a lot other than a front lot line or rear lot line. Where an irregular shaped lot cannot have its lot lines defined by this definition, they shall be determined by the Designated Officer. 76 (1) Front Lot Line; (2) Side Lot Lines; (3) Rear Lot Line Lot of record means any parcel of land lawfully existing prior to the effective date of this By law that does not comply with the applicable district dimensional standards for lots on the effective date of this By-law. A "lot of record" may also be referred to as a "non-conforming lot." Lot width means the horizontal distance between the side lot lines of a site, measured at right angles to the lot depth at a point midway between the front and rear lot lines. Lot Width Non-conforming means any use, building, structure or sign, individually or in combination, which lawfully existed prior to the effective date of this By-law but does not conform to one or more of the applicable standards of the By-Law now in effect. Owner means a person who is an owner of a freehold estate in the City and includes a person who is an owner jointly with another person, and a person who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act. Parking aisle means that portion of a parking facility that provides vehicular access to a parking space, not directly from a driveway. 77 Parking area means the area on a lot devoted to vehicular parking and includes parking spaces and aisles, but not driveways. Parking driveway means that portion of a parking facility that provides vehicular access from a public right-of-way to a parking space, or an aisle. Parking space means that portion of a parking facility, excluding vehicle maneuvering areas such as aisles and driveways, which will accommodate one motor vehicle. Permitted use means a use allowed in a Zoning District without the need for special administrative review or approval, subject to the regulations contained in this By-law. Portable garage structure means a temporary structure that may consist of a metal or steel frame and is covered by such material as canvas, plastic, polyethylene, various types of fabric and/or other similar materials, which is intended to store good or materials that provides protection to cars/vehicles. Principal building means the building or structure on a lot used to accommodate the principal permitted use, with such use possibly occurring in more than one building or structure. Queuing space means an on-site vehicular queuing area that is separated from other vehicular traffic, parking aisles, and pedestrian circulation areas by barriers, markings or signs. Runway means a defined rectangular area on a land aerodrome prepared for the landing and take- off of aircraft along its length. Runway strip means a rectangular area extending 100 ft (30.1 m) on either side of the centreline of the runway and 200 ft (60.1 m) beyond the ends of the runway. Separation distance means a horizontal distance between two uses measured from the nearest points of any structure or areas upon which the uses are located, clear of any projections. Setback means a horizontal distance between a use or structure and a property boundary or other specified feature in which certain types of development and structures shall not occur. In relation to yard setbacks, refer to the definition of 'Yard'. Sign means any writing (including letter, word, or numeral), pictorial representation (including illustration or decoration), emblem (including device, symbol, logo, or trademark), flag (including banner, or pennant but not the flag of any nation or government), and anything designed or intended to, or having the effect of, announcing, identifying, directing attention to, or advertising any building or use. Notwithstanding anything else in this By-law, the following terms are defined for the purposes of the Sign provisions in this By-law: Advertising/billboard sign means a third party, non-accessory sign that advertises goods, products, services, or facilities that are not available at the location where the sign is situated or that directs persons to a location different from that where the sign is located. Bulletin board means a sign of permanent character, but with movable letters, words or numerals indicating the names of persons associated with, or events conducted upon, or products or services offered upon the premises upon which such sign is located. Canopy sign means a canopy or freestanding canopy which utilizes or incorporates a sign. Construction sign means a temporary sign erected by an individual or a firm on the premises 78 undergoing construction and upon which the sign user identifies a construction project and information relative thereto. Directional sign means: a. A sign which directs the public to or denotes the name of any thoroughfare, route, educational institution, public building, historical site, or hospital; b. A sign which directs and regulates traffic; c. A sign which denotes any public or transportation facility; or d. A sign which gives direction to a private premises or its vehicular use area. Development sign means a temporary sign erected by a developer on the premises undergoing development and upon which the sign user identifies a development project and information relative thereto. Electronic message board means a sign or component of a sign on which the copy can be changed by electrical or electronic means. Fascia sign means a sign, or individual letters attached to, marked, or inscribed on, or erected or placed against a wall or other surface, whether forming part of a building or not, and having the exposed face of the sign on a place approximately parallel to the plane of such wall or other surface and projecting not more than 1.6 ft (0.5 m) from the face of such wall. Freestanding sign means a sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure, including a sign that is attached to a fence. Identification sign means a sign that identifies a business, owner, resident, or institution by name, logo or street address, and which sets forth no other advertisement. Inflatable sign means an inflated three-dimensional device which may incorporate a sign and is anchored or affixed to a building or site, and is approved as a mobile sign. Mobile sign means a sign which is mounted on a trailer, vehicle, stand or similar support structure which is designed in such a manner that the sign can be readily relocated to another location, and which may include copy that can be changed through the use of removable characters or panels. Projecting sign means a sign, other than a fascia or canopy sign, the exposed face or faces of which are not necessarily parallel to a wall and which is attached to a building and extends as a projection of a line of that building or beyond the surface of that portion of the building to which it is attached. Real estate sign means a temporary sign advertising real estate that is "for sale", "for lease", or "for rent", or real estate that has been "sold". Warning sign means a sign displayed to warn the public about a physical danger present in its surrounding, or associated with some feature, or activity on a specific site, such as "Danger, Look out for Cars". Window sign means a sign which is painted on, attached to, or installed on or near a window, for the purpose of being viewed from outside the premises. 79 Site - see definition of 'lot'. Storey means that portion of a building that 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. A storey includes any floor of a building having 40% or more of its height above the adjacent rough grade elevation. Street, public means a public thoroughfare but does not include a public lane. Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground and includes, but is not limited to, buildings, walls, fences, signs, billboards, poster panels and light standards. Use means the purpose, or activity for which a piece of land or its buildings is designed, arranged or intended, occupied or maintained. Variance Order means the altering of any of the regulations found in this By-law in accordance with the Act. Yard means the portion of a site that is unoccupied from any portion of a building or structure and unobstructed from the ground to the sky unless otherwise permitted in this By-law. Yards (also referred to as setbacks) are measured using the horizontal distance between any lot line and the closest wall of a building or structure along a line perpendicular to the lot line. Yard, front means the portion of the lot abutting the front lot line extending across the full width of the site, situated between the front lot line and the nearest wall of the principal building, not including any projections. Yard, rear means the portion of the lot abutting the rear lot line extending across the full width of the lot, situated between the rear lot line and the nearest wall of the principal building, not including any projections. Yard, side means the portion of a lot abutting a side lot line extending from the front yard to the rear yard. The side yard is situated between the side lot line and the nearest wall of the principal building, not including any projections. Yard, interior side means a Side Yard which is adjacent to another lot, or to a lane separating the side yard from another lot. Yard, corner side means a side yard that abuts a public street, as seen on a corner lot. 80 Yard, required means the minimum distance that the development or a specific portion of a development, must be setback from a lot line. Required yards are specified in the dimensional standards for each Zoning District. Zoning district means a section contained in Part B of this By-law which regulates the use and development of land as depicted on the Zoning Map(s) in this By-law. 10.2 Use Class Definitions 10.2.1 Residential and Residential-Related Use Class Definitions: Assisted living facility means a facility where meals, lodging, and continuing nursing care are provided for compensation, including nursing homes, retirement homes, and medical receiving homes, but excludes facilities providing medical diagnostic services or treatment by licensed physicians. Caretaker's residence means an accessory dwelling on a non-residential property occupied by the person or family who oversees or guards the operation. Dormitory means a building designed for or used as group living quarters for students of a school, and owned and managed by that school, or by a fraternity or sorority officially recognized by that school. Dwelling, multi-unit means a building or structure containing three or more dwelling units, arranged in a vertical or horizontal manner, either served by separate entrances or common corridors and entrances. Typical uses include row housing, triplexes, apartment buildings and similar. Dwelling, single-unit means a building or structure containing only one dwelling unit that is separate from any other dwelling or building, but does not include manufactured homes. Also referred to as a single-detached dwelling. 81 Dwelling, two-unit means a single building or structure containing two separate dwelling units, separate from any other building. This includes duplexes and side-by-side dwellings. Also referred to as a semi-detached dwelling. Group home means a residence that is licensed or funded under an act of the Parliament of Canada or the Province of Manitoba for the accommodation of fewer than five persons, exclusive of staff or receiving family, living under supervision in a single housekeeping unit and who by reason of their emotional, mental, social or physical condition, or legal status, require a group living arrangement for their well-being. Group residence means a residence that is licensed or funded under an act of the Parliament of Canada or the Province of Manitoba for the accommodation of five or more persons, exclusive of staff or receiving family, living under supervision in a single housekeeping unit and who by reason of their emotional, mental, social or physical condition, or legal status, require a group living arrangement for their well-being. Home-based business means an occupation or activity that is accessory to the use of the premises as a dwelling and that does not alter the exterior of the property or affect the residential character of the neighbourhood. Manufactured home means as defined in CSA standards, a structure built to CSA specification Z240 MH and is a portable dwelling unit that is designed or used for residential occupancy and is built to adhere to any applicable standards of the Manitoba Building Code, 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 had wheels, or is jacked up or skirted. Manufactured home park means a parcel of land upon which manufactured home spaces are provided and may feature common elements including roads, access and supporting facilities. Neighbourhood rehabilitation home means a building or portion of a building used for the boarding or other residential accommodation plus mandatory supervision or treatment of persons who are from or discharged from any penal institution or who are receiving supervision or treatment for alcohol or other drug addictions, in which supervision or treatment is not provided to any persons not resident in the rehabilitation home. Secondary suite means a self-contained accessory dwelling unit that has its own separate access, cooking, sleeping, and sanitary facilities which are separate from and not shared with those of the principal dwelling. Attached means the Secondary Suite is wholly contained within the dwelling unit or added as an extension or addition to an already existing dwelling unit. Detached means the Secondary Suite is independent of the primary dwelling unit or located above an already existing accessory building or structure, such as a garage or shed. 10.2.2 Agricultural Use Class Definitions: Agricultural cultivation means the raising for consumption or commercial sale of agricultural vegetation, including vegetables, grains, fruits, plants, sod, trees, and other similar products. Agricultural grazing means the practice of keeping cattle, sheep, horses, or other similar animals on fields for the purpose of grazing and does not include livestock operations as defined by The Planning Act. 82 Apiary means a place where bee colonies, hives, combs, or appliances are kept. Aviary means a place for keeping birds for the purpose of raising, exhibiting, or selling them. Keeping of animals means a use where less than ten (10) animal units of livestock or other animals (excluding pets) are sheltered, bred, raised, or sold. Stable, private means a building or land where horses are sheltered, fed, or kept for personal use, accessory to a dwelling unit. A stable may only contain less than ten (10) animal units in total. Stable or riding academy means a commercial facility where horses are sheltered, fed, or kept for sale or hire to the public. Training of horses and riders may also be conducted. A stable may only contain less than ten (10) animal units in total. 10.2.3 Public and Institutional Use Class Definitions: Cemetery means land used or dedicated to the interment of human or animal remains, including columbarium, mausoleums, mortuaries and associated maintenance facilities when operated in conjunction with, and within the boundaries of, such cemetery. College or university means a permanent facility recognized by the Province of Manitoba for the purpose of undergraduate and graduate instruction, whether privately or publicly funded, and may include on-site dormitories for enrolled students. Commercial school means an establishment, other than elementary or middle schools, senior high schools, or colleges and universities, offering training or instruction in a trade, art, or occupation, including beauty schools, dance schools, and trade or vocational schools. Community gardens means a public use of land for the cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family. Correctional facility means a development administered by the government for criminal justice. Examples include correctional centres, and jails. Day care centre means the provision of childcare services for nine (9) or more children in a provincially-licensed facility. Day care, home means the provision of childcare services for fewer than nine (9) children including the children of the licensed operator. Elementary or middle school means an accredited school under the sponsorship of a public, private, or religious agency providing instruction to students between the kindergarten and middle school levels. Emergency residential shelter means a building or a portion of a building used to provide for the emergency temporary lodging to persons who are homeless, due to indigence or disaster, and where on-site supervision is provided whenever such shelter is occupied. This may also include health, cultural, or recreational programming, individual support services, meal service and administrative offices, where such services support the operation of the emergency residential shelter. Hospital means an institution that maintains and operates facilities for inpatient medical care with overnight stays, including x-ray, laboratory, and surgical, for the diagnosis, care, and treatment of 83 human illness, injury, and disease (physical or mental). Outpatient care may also be provided. Park means a development of public land specifically designed or reserved for the general public for active or passive recreational use and including landscaping, facilities, playing fields, buildings, and other structures that are consistent with the general purposes of public parkland, whether or not such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements with the public authority owning the park. Typical uses include dog parks, tot lots, band shells, picnic grounds, pedestrian/bicycle paths and pathways, landscaped buffers, arboretums, botanical gardens, playgrounds, toboggan slides, skateboard parks, swimming pools, wading pools, and water features. Place of worship means facilities used primarily for non-profit purposes to provide assembly and meeting areas for religious activities. Examples include churches, temples, synagogues, mosques, chapels, and meeting houses. Protection and emergency services means a development that is required for the public protection of persons and property from injury, harm, or damage together with the incidental storage of equipment and vehicles. Typical uses include police stations, fire stations, ambulance services, and ancillary training facilities. Senior high school means an accredited school under the sponsorship of a public, private or religious agency providing instruction to students at the senior high school level. Social service facility means the use of a premises to provide 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 profit-making organizations. Services may include but are not limited to information and referral services, counselling, skill development, aid through the provision of food or clothing, life skill and personal development programs, alcohol, drug, or substance abuse counselling centre and drop-in activity space. This excludes a supervised consumption site. Supervised consumption site means a site that provides a space for individuals to bring self- supplied drugs for use in the presence of staff trained for that purpose. Services may include but are not limited to the provision of evidence-based harm reduction, health, social, or substance abuse treatment services. This includes overdose prevention sites or other similar sites. 10.2.4 Cultural and Entertainment Use Class Definitions: Auditorium / concert hall / theatre / cinema means an establishment devoted to showing motion pictures or dramatic, dance, musical, or other live performances. Camping ground means an area or tract of land on which accommodations for temporary occupancy are located or may be placed, including tents and recreational vehicle equipment. Cultural centre means a building or portion of a building dedicated to the celebration and promotion of a cultural group or groups. A cultural centre is distinct from a private club on the basis of a broader range of uses typically available to customers and guests, including restaurants, retail sales, personal services, theatres, and banquet halls. In addition, customers and guests are not required to be members of a non-profit organization. Gallery / museum means a permanent facility, open to the public, with or without charge, for the collection and display of paintings, sculpture, textiles, antiquities, or other works of art. This type of use is distinct from and does not include libraries. 84 Library means a collection of books, periodicals, magazines, and other printed works, and film, phonograph records, and any related medium for the preservation and diffusion of knowledge, or any of them, intended for circulation or reference. Golf course means a tract of land laid out with a course having nine or more holes for playing the game of golf. This term does not include miniature golf courses nor does it include driving ranges that are not an accessory to a golf course. Private club, not licensed means a non-profit organization incorporated as such by the Government of Canada or the Government of Manitoba. Includes facilities used for the meeting, social, or recreational activities of non-profit philanthropic, social service, athletic, business, or fraternal organizations, without on-site residences. When licensed for the sale of alcoholic beverages by the Government of Manitoba, such a club is considered a "drinking establishment." Race track means a measured course where animals or machines are entered in competition against one another or against time, including tracks used only in the training of animals. Recreation centre, indoor means an establishment designed and equipped for assembly occupancy uses for the conduct of sports, exercise, and/or leisure-time activities within a fully enclosed building, including community and recreation centres, gyms and fitness clubs, arcade games, billiard and pool halls, bingo halls, bowling lanes, skating/roller rinks, go kart tracks, shooting ranges, and paintball arcades, and related amusements. Recreation centre, outdoor means an outdoor facility whose main purpose is to provide the general public with entertainment or recreation, with or without charge, including amusement parks, batting cages, drive-in theatres, golf driving ranges, miniature golf courses, go-cart tracks, target sport ranges, skating rinks, skateboard parks, swimming pools, water parks, zoological parks, stadiums, and similar uses. Studio, radio / TV / motion picture broadcast and production means a facility for the production and/or broadcasting of motion pictures, videos, television programs, radio programs, or sound recordings. The use may also include facilities for the rehearsal of dance, music, or other performing arts. 10.2.5 Commercial Sales and Service Use Class Definitions Animal hospital or veterinary clinic means an establishment providing inpatient and outpatient services for domestic animals which might involve indoor facilities only, or both indoor and outdoor facilities, depending on the zoning district in which they are located. Auction room means a building or portion of a building used for the public sale of goods, merchandise, or equipment, other than livestock, vehicles or heavy equipment, to the highest bidder. Body modification establishment means a commercial establishment that provides physical body adornment by body piercing or tattooing including scarification and the insertion of implants but excluding piercing of the ear. Call centre means a building or a portion of a building in which workers provide support services to off-site customers primarily via telephone or computer interactions. Services to customers are not typically available on a walk-in or over-the-counter basis. Call centres are distinct from "office" uses on the bases of multiple-shift operations (typically 24-hour, seven days a week) and floor 85 space configurations that typically involve dense staff concentrations in comparatively smaller work areas. Cheque-cashing facility means a commercial establishment that engages in the business of cashing cheques, warrants, drafts, money orders, or other commercial paper serving the same purpose but does not include a bank, savings and loan, or credit union nor establishments selling retail consumer goods, where the cashing of cheques or money orders is incidental to the principal purpose of the business. Commonly known as a "payday loan" establishment. Drinking establishment means an establishment or portion of an establishment, licensed by the Government of Manitoba, where the principal purpose of the establishment or portion is the sale of alcoholic beverages to the public for consumption on the premises and may include a micro- brewery, distillery or winery as an accessory use. Funeral chapel, mortuary or crematorium means a facility for the storage of deceased human bodies prior to burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation, and includes facilities containing a properly installed, certified furnace or other apparatus intended for use in the incineration of human or animal corpses. Greenhouse, plant or tree nursery means an establishment used for the growing, storage, display and sales of plants, trees and other garden and landscaping materials. Hotel or motel means a building or portion of a building providing temporary accommodation in individual guest rooms or suites for a fee with or without provision for cooking in any individual guest room or suite. Kennel or animal pound means an establishment in which dogs or cats are housed, groomed, boarded, trained, bred, or sold, on a daily or overnight basis, for commercial purposes. A kennel shall not include a veterinary clinic, or animal hospital. Medical / dental / optical / counselling clinic means a facility for the provision of human health services and related activities such as preparation of castings, dentures, and x-rays, for patients without overnight accommodations, and accessory laboratory facilities. Each clinic shall be considered a single use regardless of the number of professional service providers sharing a clinic space. Office means a building or a portion of a building used primarily for conducting the affairs of a business, profession, service, industry, government, or like activity, or that provides direct governmental services to the public, such as employment, public assistance, motor vehicle licensing and registration, and similar activities. Pawnshop means a place where money is loaned on security of personal property left in pawn and pledged as collateral for the loan. Personal services means establishments that provide services to the general public, and in which any retail sale of merchandise associated with the service provided is incidental to the provision of services, but not including a "body modification establishment", "cheque-cashing facility", "funeral chapel, mortuary or crematorium", "medical/dental/optical/counselling clinic" or "adult service or entertainment establishment". 86 Pet day care means a place or facility or business for grooming, training or care of pets, but where no animals are kept overnight. Research institution means an establishment or facility engaged in scientific research, product design, development and testing, and limited manufacturing necessary for the production of prototypes. Restaurant means an establishment primarily engaged in the preparation of food intended to be sold to the public for consumption on or off the premises. Restaurants may be licensed by the Government of Manitoba for the sale of alcohol; however, the sale of alcohol is incidental to the sale of food. Retail sales means a use involved in the sale, lease, or rent of new or used products directly to the general public, or to individuals or households based on their membership in an association or club, but not including an "auction room", "greenhouse, plant or tree nursery", or "supermarket". This use includes facilities whose names indicate that they are warehouse or wholesale operations, but that in fact conduct more than incidental retail sales. Shopping centre means a facility that contains five or more retail sales uses, and that may also contain other personal service uses, in a single building or attached buildings, or on adjacent lots, sharing common parking, and with a floor area greater than 55,000 ft2 (5109.7 m²). Supermarket means a retail store with a floor area of more than 40,000 ft2 (3716.1 m² that sells primarily groceries, produce, and packaged food products, but in which up to 40 percent of the gross floor area may be used for the sale of non-food related products, including convenience products. 10.2.6 Private Motor Vehicle Related Use Class Definitions: Auto / light truck / motorcycle, repair, service, sales and rental means the storage, display, sale, lease, rental, repair and/or maintenance of new or used vehicles, including automobiles, light trucks, motorcycles, and similar vehicles. Services may include engine, transmission, or differential repair or replacement; body work; upholstery work; painting; engine tune-ups; oil change and lubrication; brake repair shop; sale of new parts, tires, and other accessories; detailing and polishing, and associated repairs. This use does not include junk or salvage operations. Light trucks include those with a gross vehicle weight of 14,000 pounds or less. Car wash means a facility for the cleaning of automobiles or other motor vehicles, whether operated by the public or by on-site employees. Drive-through means any use designed or operated to allow patrons, while outside on the premises in motor vehicles, to order, request, exchange, donate, or receive goods, wares, merchandise, products, foods, beverages, or services. Fuel sales means an establishment operated at a fixed location at which gasoline or any other motor vehicle engine fuel is offered for sale to the public. An electric vehicle charging station is not a fuel sales use. Parking, structure means a structure or facility where motor vehicles may be stored for purposes of temporary, daily, or overnight off-street parking as a principal use. The facility may be above, below, or partially below ground and includes parking garages and parking decks. This use may include electric vehicle charging stations. 87 Parking, surface means an unenclosed area where motor vehicles may be stored for purposes of temporary, daily, or overnight off-street parking as a principal use. This use may include electric vehicle charging stations. Towing and storage facility means a commercial establishment engaged in towing of vehicles or equipment from one location to another. Such facilities may also include an indoor storage component for such vehicles or equipment, but may not include junked, salvage, or permanently inoperable vehicles or equipment. 10.2.7 Transportation, Utility and Communications Use Class Definitions Airport and associated facilities means land or water which is used or intended for the landing or take-off of aircraft and any associated areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including taxi-ways, aircraft storage and tie- down areas, hangers, helicopter pads, and other related buildings and open spaces. Bus depot or transit station means an area utilized by public or commercial carriers for pick-up or drop-off of passengers and associated freight transported by buses and by bus trailers, including loading and unloading areas, shelters, restrooms, concessions, benches, information offices, parking, ticket sales, landscaping, lighting and other such facilities and appurtenances. Public utility facility, major means significant utility buildings, plants or operations that may have employees located at the site. Examples include public works yards, water control works, reservoirs, and works used to provide services or commodities to the public by the Crown or the City, including but not limited to power plants, heating plants, steam generating plants, or wastewater treatment facilities. It does not include private for-profit or commercial-scale wind or solar energy generating systems. Public utility facility, minor means those facilities that do not qualify as major utility facilities, and that are used for or incidental to the operation of a public utility. Examples include electric transformer stations, gas regulator stations, telephone exchange buildings, and well, water, and sewer pumping stations. Solar energy generating system, on-site use means an electrical energy generating system intended to primarily serve the electrical needs of the on-site user or consumer (either behind the meter or off- grid) rather than to produce power for resale. This use includes rooftop collectors and backyard systems. Wireless communication, building-mounted tower (non-federally regulated) means any structure attached to a building that supports one or more wireless analog or digital communication facilities, and that exceeds the height of the building by 24 ft (7.3 m) or more that is not under the jurisdiction of the federal government. Such a tower may have a variety of configurations, including a monopole, a lattice tower, or a guyed tower. Wireless communication, freestanding tower (non-federally regulated) means any structure that is designed and constructed primarily for the purpose of supporting one or more wireless analog or digital communication facilities, that is located on the ground or anchored to the ground and exceeds 24 (7.3 m) in height that is not under the jurisdiction of the federal government. Such a tower may have a variety of configurations, including a monopole, a lattice tower, or a guyed tower. 88 10.2.8 Industrial Use Class Definitions Auction yard means an outdoor place where vehicles or heavy equipment (operable or inoperable) are offered for sale to the highest bidder. Contractor's establishment means development used for the provision of building and road construction services or rental of equipment related to landscaping, concrete, electrical, excavation, drilling, heating and plumbing or similar services of a construction nature which typically require on-site storage. Any sales, display, office or technical support service areas shall only be permitted as an accessory use. Data processing centre means a building, dedicated space within a building, or a group of buildings or equipment used to house computer systems and associated infrastructure and components for the digital transactions required for processing data. This includes, but is not limited to cryptocurrency, digital currency processing, non-fungible tokens, and blockchain transactions. Fleet services means a central facility for the distribution, storage, loading and repair of a fleet of vehicles, with or without associated dispatch services and offices. Typical uses include, but are not limited to, courier, delivery, and express services, cleaning services, key and lock services, security services, and taxi services. Freight or truck yard means an area or building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis. The use may include facilities for the temporary storage of loads prior to shipment. The use also includes truck stops or fueling stations where diesel fuel is primarily sold. Garbage incineration and reduction means a facility for the purpose of treating, burning, compacting, composting, or disposing of solid waste. Heavy equipment sales, service, and rental means a facility that is engaged in the sales and repair of heavy equipment typically used in agricultural, commercial or industrial operations, including tractors, trucks with a gross vehicle weight of over 14,000 pounds, semi-tractor trucks and/or trailers, harvesters, loaders and tracked vehicles as well as sales of parts, whether new or used, for heavy equipment. Heavy industrial means a use of land that includes the assembly, fabrication, and/or processing of goods and materials using processes that have an impact on the surrounding use and enjoyment of other properties in terms of noise, smoke, fumes, odours, glare, or health or safety hazards, or that otherwise do not constitute "light industrial", or any use where the area occupied by outside storage of goods and materials used in the assembly, fabrication, or processing exceeds twenty- five (25) percent of the floor area of buildings on the lot. Examples include, but are not limited to: battery, chemicals, machinery, and plastics manufacture; mushroom plant; asphalt or concrete batching plant; packaging plant; slaughterhouse; rendering plant. Industrial multi-use means a building established to accommodate a range of primarily industrial businesses on a single lot, with individual units that can be rented or subdivided as part of a condominium development. Landfill / snow dump means a permanent facility, either publicly- or privately-owned, operated for the purpose of disposing of or composting solid waste including snow in winter months. 89 Light industrial means the assembly, fabrication, and/or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odours, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building, or where the area occupied by outside operations or storage of goods and materials used in the assembly, fabrication, or processing does not exceed twenty-five (25) percent of the floor area of buildings on the lot. Examples include, but are not limited to: electronic equipment assembly, cannabis manufacturing, and manufacturing and assembly from finished products. Metal shipping container means a pre-fabricated metal structure designed for use as an individual shipping container in accordance with international standards. Mini-warehouse, self-storage means an enclosed permanent facility that provides storage space to the general public on a for-hire basis. Mini-warehouses and self-storage areas may also include vehicle storage for recreational vehicles, boats, and other vehicles. No other business or service may be allowed to operate out of a rented storage space. This definition also applies to a use that provides portable containers for storage. Outside storage means outside storage, but not display for sale, of goods and/or materials. Storage of materials in a structure with a roof, but no walls, is considered outside storage. Recycling collection centre means a use that serves as a drop-off point for temporary storage for recoverable resources, such as newspapers, glassware, plastics, and metal cans. No on-site processing of such items is permitted. Recycling plant means a facility in which recoverable resources such as newspapers, glassware, plastics, and metal cans are recycled, reprocessed, and treated to return such products to a condition in which they can again be used for production, or consolidated and packaged for transport from the facility. This facility is not a wrecking yard or a junkyard. Warehouse means a permanent facility where raw materials or manufactured goods may be stored within an enclosed building before their export or distribution for sale. Waste transfer station means a fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site. Wholesaling means a facility where goods are distributed or sold to retailers, to industrial, commercial, or institutional users, or to other wholesalers, for resale or redistribution, but where goods are not sold to the public or to individuals or households based on their membership in an association or club. Wrecking or salvage yard means any lot upon which 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 metals, or any other similar types of salvage materials are included in this definition. 10.2.9 Prohibited Use Class Definitions Adult service or entertainment establishment means an establishment where any exhibition, display, dance, or service, or the sale or rental of products that involve the presentation or exposure to view of adult and pornographic materials. 90 Dating and escort service means any business which offers to provide or does provide an introduction between two persons for a period of companionship for which service a fee is charged, levied or otherwise imposed. Massage parlour means any premises, room or place in which the trade of massaging is carried out for commercial purposes by an individual not registered with the Massage Therapy Association of Manitoba. X-rated store means any store which offers for purchase or rental merchandise including sexually oriented films classified as "18+", or by signage excludes persons under 18 years of age from the store or part of the store. 10.2.10 Other Use-Related Definitions (including Accessory Uses and Temporary Uses) Bed and breakfast means a home-based business operated as an accessory use to a single-unit residential use that provides temporary lodging (other than a hotel or motel) to guests for short periods of time, and that may also provide breakfast to guests. Farmers' market means an occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages dispensed from booths located on-site. Real estate sales offices and model sales homes means an uninhabited dwelling unit temporarily used for display purposes as an example of a dwelling unit to be available for sale or rental in a particular residential development and located within that development. Model homes may also incorporate sales or rental offices for dwellings within the development. Seasonal sales means the outside sale of seasonal merchandise, other than those sold at a farmer's market, such as Christmas trees, flags, kites, or arts and crafts. Temporary construction trailer or building means a movable, portable, or modular structure or trailer used for the storage of construction materials and/or the offices or workspaces for construction managers or workers during the time a principal or accessory building is being constructed. Table 10-1: Use Table Zoning District Use Category/ Type O PR DR-1 DR-2 RSU RLD RMD RHD R-MX RR RR-S R-MH C1 C2 C3 C4 C-MX EI M1 M2 M-MX Use Specific Standards Residential and Residential-Related Assisted living facility C C P P C P P P P Caretaker's residence C C C C C C C C C C C C C C C C Dormitory C C C C C C P C C C Dwelling, single-unit C P P P P P P P P Dwelling, two-unit P P P P P C P Dwelling, multi-unit P* P* P* C* C* C* P* P* 8.11 Group home (fewer than five people) P P P P P P P P Group residence (five or more people) C C C C C C C C Home-based business P* P* P* P* P* P* P* P* P* P* P* P* P* 8.14 Manufactured home and manufactured home park P* 8.19 Neighbourhood rehabilitation home (five or more people) C C C C C Neighbourhood rehabilitation home (fewer than five people) P P P P P P P P Secondary suite, attached P* P* P* P* P* P* P* P* 8.32 Secondary suite, detached C* C* C* C* 8.32 Agricultural Agricultural cultivation C C P Agricultural grazing C P Apiary C P Aviary C P Keeping of animals P* 8.16 Stable, private C* P* 8.16 Stable or riding academy C* C* C* P* 8.16 Public and Institutional Cemetery C C P C C C Zoning District Use Category/ Type O PR DR-1 DR-2 RSU RLD RMD RHD R-MX RR RR-S R-MH C1 C2 C3 C4 C-MX EI M1 M2 M-MX Use Specific Standards College or university C P P P P P Commercial school C P P P P P P P P Community gardens P P P P P P P P P P P P P P P P P Correctional facility C C C Day care centre (nine or more children) C* C* C* C* C* C* C* C* C* C* C* C* C* C* 8.7 Day care, home (fewer than nine children) P* P* P* P* P* P* P* P* P* P* P* 8.8 Elementary or middle school C* C* C* P* P* C* P* 8.12 Emergency residential shelter C C C C C C C Hospital C C C C P C C Library C C C C P C P P P P P P Park P P P C P* P* P P P* P P P P* P P P P P P P P 8.23 Place of worship C* C* C* C* C* C* P* P P P* P C* C* 8.25 Protection and emergency services C C C C C C P P C P P P P P P P P Social service facility C C P P P P P C C C Senior high school C* C* C* C* P* C* 8.33 Cultural and Entertainment Auditorium / concert hall / theatre / cinema C* P* P P P P P* P* 8.3 Camping ground C C C Gallery / museum / cultural centre C C C P* P* P P P P P P* 8.18 Golf course P P C Private club, not licensed P* P C C C* C* 8.26 Race track C C C C C Recreation centre, indoor C C C P* P P P* P P P P* 8.28 Recreation centre, outdoor C C C P P C C P P P Zoning District Use Category/ Type O PR DR-1 DR-2 RSU RLD RMD RHD R-MX RR RR-S R-MH C1 C2 C3 C4 C-MX EI M1 M2 M-MX Use Specific Standards Studio, radio / TV / motion picture broadcast and production P P P P C P P P Commercial Sales and Service Advertising/billboard sign C* C* C* C* C* C* C* C* C* 7.18 Animal hospital or veterinary clinic P C P P P P P P Auction room C P P P* P* P P* 8.2 Body modification establishment P P P P P P Call centre C C P P P P P Cheque-cashing facility C* C* C* C* C* C* 8.5 Drinking establishment P* P* P* P* P* 8.9 Funeral chapel, mortuary or crematorium C C C C P P P Greenhouse, plant or tree nursery P C P P P P P P P Hotel or motel C P P P C C C P Kennel or animal pound C C* C* C C C 8.17 Medical / dental / optical / counselling clinic P* P* P P P P P C P 8.20 Office P* P* P P P P P P P P 8.22 Pawnshop C C C C C C Personal services (unless otherwise listed) P* P* P* P P P C P P 8.24 Pet day care C - - C C C C C C C Research institution C P P C P P P P Restaurant P* P* P* P P P* P P P P 8.31 Retail sales (unless otherwise listed) P* P* P* P* P P* C* C* P* 8.30 Supermarket P* P P P* P* P* 8.35 Private Motor Vehicle Related Auto / light truck / motorcycle, repair, service, sales and rental P* P* P* P* P* P* P* 8.4 Car wash C P P C P P P Drive-through P* P* P* P* P* P* P* 8.10 Zoning District Use Category/ Type O PR DR-1 DR-2 RSU RLD RMD RHD R-MX RR RR-S R-MH C1 C2 C3 C4 C-MX EI M1 M2 M-MX Use Specific Standards Fuel sales P* P* P* P* P* P* P* 8.13 Parking, structure P P P P P P P P Parking, surface C P P P C P P P Towing and storage facility C C P C Transportation, Utility and Communications Airport and associated facilities C C C C C 8.1 Bus depot or transit station C C C P P P Public utility facility, major C C C P Public utility facility, minor P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 8.27 Solar energy generating system, on-site use P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 8.34 Wireless communication, building-mounted tower (non- federally regulated) P* P* P* P* P* P* P* P* P* P* P* P* P* 8.36 Wireless communication, freestanding tower (non-federally regulated) P* P* C* C* C* C* C* C* P* C* 8.36 Industrial Uses Auction yard C C P Contractor's establishment C P P C Data processing centre C* C* C* 8.6 Fleet services C C C P P P Freight or truck yard C P Garbage incineration and reduction C C Heavy equipment sales, service, and rental C C C P P C Heavy industrial P Industrial multi-use C* C* C* 8.15 Landfill / snow dump C C C C Light industrial P P P Zoning District Use Category/ Type O PR DR-1 DR-2 RSU RLD RMD RHD R-MX RR RR-S R-MH C1 C2 C3 C4 C-MX EI M1 M2 M-MX Use Specific Standards Metal shipping containers C* C* C* P* P* P* 8.21 Mini-warehouse, self-storage P P P P Outside storage C C C P C Recycling collection centre C C P C P P P P P P P P Recycling plant P* P P* 8.29 Warehouse P P P Waste transfer station C Wholesaling P P P Wrecking or salvage yard C* 8.37 Table 10-2: Dimensional Standards Zoning District Minimum Lot Area (ft² [m²]) Minimum Lot Width (ft [m]) Required Yards Maximum Lot Coverage (%) Maximum Floor Area Ratio Maximum Height Building (ft [m]) Minimum Front Yard (ft [m]) Minimum Rear Yard (ft [m]) Minimum Interior Side Yard (ft [m]) Minimum Corner Side Yard (ft [m]) Open Space, Parks and Development Reserve Districts PR n/a n/a 20 [6.1] 25 [7.6] 0 0 0 n/a 30 [9.2] O n/a n/a 30 [9.2] 20 [6.1] 15 [4.6] 15 [4.6] 10 n/a n/a DR-1 20 acres 600 [182.9] 50 [15.3] 20 [6.1] 15 [4.6] 15 [4.6] 60 n/a 30 [9.2] DR-2 80 acres 600 [182.9] 125 [38.1] 25 [7.6] 25 [7.6] 25 [7.6] n/a n/a 30 [9.2] Residential Districts RSU 3,300 [207] 30 [9.2] 25 [7.6] 25 [7.6] 4 [1.2] (a) 8 [2.4] 40 n/a 30 [9.2] RLD 6,600 [613] (e) 60 [18.3] (e) 25 [7.6] 25 [7.6] 4 [1.2] (a) 8 [2.4] 45 n/a 35 [10.7] RMD 10,000 [929] (e) 75 [22.9] (e) 25 [7.6] 25 [7.6] 4 [1.2] (a) 8 [2.4] 50 n/a 3 Storeys RHD 20,000 [1858.1] 100 [30.5] (e) 25 [7.6] 25 [7.6] 20 [6.1] 20 [6.1] 60 n/a 8 Storeys R-MX 10,000 [929] 60 [18.3] (e) 25 [7.6] 25 [7.6] 20 [6.1] 20 [6.1] 40 n/a 85 [25.9] R-RS 10,500 [975] 70 [21.3] 30 [9.2] 25 [7.6] 4 [1.2] (a) 8 [2.4] 30 n/a 35 [10.7] RR 21,000 [1,951] 100 [30.5] 30 [9.2] 25 [7.6] 10 [3.0] 10 [3.0] 30 n/a 35 [10.7] RMH (d) 100,000 [9,290] 220 [67.1] 10 [3.0] 8 [2.4] 5 [1.5] 10 [3.0] 0 n/a n/a Commercial and Institutional Districts C1 2,500 [232] 25 [7.6] 0 0 (b) 0 (b) 0 80 1.0 30 [9.2] C2 2,500 [232] 25 [7.6] 0 20 [6.1] 0 (b) 0 90 3.0 50 [15.3] C3 10,000 [929] 100 [30.5] 25 [7.6] 25 [7.6] 15 [4.6] 25 [7.6] n/a 1.5 50 [15.3] C4 30,000 [2,787] 100 [30.5] 50 [15.3] 50 [15.3] 25 [7.6] (c) 25 [7.6] n/a 5.0 n/a C-MX 2,500 [232] 25 [7.6] 0 25 [7.6] 0 (b) 0 n/a 3.0 60 [18.3] EI 20,000 [1,858] 100 [30.5] 25 [7.6] 25 [7.6] 15 [4.6] 25 [7.6] n/a 3.0 100 [30.5] Industrial Districts M-MX 10,000 [929.0] 75 [22.9] 20 [6.1] 0 (e) 15 [4.6] 20 [6.1] n/a 2.0 60 [18.3] M1 7,500 [697] 75 [22.9] 20 [6.1] 10 [3.0] (c) 0 (c) 15 [4.6] n/a 2.0 45 [13.7] M2 10,000 [929.0] 100 [30.5] 25 [7.6] 10 [3.0] (c) 0 (c) 15 [4.6] n/a 2.0 75 [22.9] Additional Standards Single and two-unit dwellings located in a commercial zoning district are subject to the requirements of the RLD zoning district. Multi-unit dwellings in the C1 district are subject to the requirements of the RLD zoning district; multi-unit dwellings in the C2, C3, C-MX or EI districts are subject to the requirements of the RMD zoning district. Dimensional standards may be altered to allow for the subdivision of attached dwellings, as outlined in Section 7.19. Notes: a) Where no public lane is located at the rear of a lot and no garage is attached to the dwelling, one side yard must be a minimum 12 ft (3.7 m); Zoning District Minimum Lot Area (ft² [m²]) Minimum Lot Width (ft [m]) Required Yards Maximum Lot Coverage (%) Maximum Floor Area Ratio Maximum Height Building (ft [m]) Minimum Front Yard (ft [m]) Minimum Rear Yard (ft [m]) Minimum Interior Side Yard (ft [m]) Minimum Corner Side Yard (ft [m]) b) Where a side or rear lot line of a lot in a C1, C2, or C-MX zoning district abuts a lot containing a residential use or that is designated or zoned for residential use, a side yard of 10 ft (3.0 m) must be provided. c) Where a side or rear lot line of a lot in a C4, M1, or M2 zoning district abuts a lot containing a residential use or that is designated or zoned for residential use, a side yard of 50 ft 15.3 m) must be provided. d) For dimensional standards required for spaces within manufactured home parks, see Section 8.19. e) Lots containing single-unit dwellings in RLD or RMD zones must have a minimum lot width of 50 ft (15.3 m) and a minimum lot area of 5,500 ft² (511.0 m²). Two-unit dwellings in the RLD, RMD, RHD, and R-MX zones must have a minimum lot width of 60 ft (18.3 m), or 70 ft. (21.3 m) for corner lots, and a minimum lot area of 6,600 ft² (613.2 m²). Table 10-3: Dimensional Standards for Accessory Building, Structure or Use Zoning District Notes Required Yards Maximum Floor Area Maximum Height Building (ft [m]) Minimum Front Yard (ft [m]) Minimum Rear Yard (ft [m]) Minimum Interior Side Yard (ft [m]) Minimum Corner Side Yard (ft [m]) Open Space, Parks and Development Reserve Districts PR 20 [6.1] 25 [7.6] 0 0 N/A 30 [9.1] O 30 [9.1] 20 [6.1] 15 [4.6] 15 [4.6] N/A N/A DR-1 50 [15.3] 20 [6.1] 15 [4.6] 15 [4.6] 5%/1,000 ft2 (92.9 m²) 20 [6.1] DR-2 50 [15.3] 20 [6.1] 15 [4.6] 15 [4.6] 5%/ 1,000 ft2 (92.9 m²) 20 [6.1] Residential Districts RSU a, b, c 25 [7.6] 2 [0.6] 2 [0.6] 2 [0.6] 500 ft2 (46.5 m²) 15 [4.6] RLD a, b, c 25 [7.6] 2 [0.6] 2 [0.6] 2 [0.6] 700 ft2 (65.0 m²) 15 [4.6] RMD a, b 25 [7.6] 2 [0.6] 2 [0.6] 2 [0.6] 700 ft2 (65.0 m²) 20 [6.1] RHD a, b 25 [7.6] 2 [0.6] 2 [0.6] 2 [0.6] 5% 20 [6.1] R-MX a, b 25 [7.6] 2 [0.6] 2 [0.6] 2 [0.6] 700 ft2 (65.0 m²) 20 [6.1] R-RS a, b 30 [9.1] 2 [0.6] 2 [0.6] 2 [0.6] 900 ft2 (83.6 m²) 15 [4.6] RR a, b 30 [9.1] 5 [1.5] 5 [1.5] 10 [3.0] 10%/1,000 ft2 (92.9 m²) 20 [6.1] RMH a, b 10 [3.0] 2 [0.6] 2 [0.6] 10 [3.0] 400 ft2 (37.2 m²) 15 [4.6] Commercial and Institutional Districts C1 25 [7.6] 2 [0.6] 2 [0.6] 2 [0.6] 10% 15 [4.6] C2 25 [7.6] 2 [0.6] 2 [0.6] 2 [0.6] 10% 15 [4.6] C3 25 [7.6] 10 [3.0] 5 [1.5] 15 [4.6] 10% 20 [6.1] C4 50 [15.3] 10 [3.0] 10 [3.0] 15 [4.6] 10% 20 [6.1] C-MX 25 [7.6] 5 [1.5] 5 [1.5] 5 [1.5] 700 ft2 (65.0 m²) 20 [6.1] EI 25 [7.6] 5 [1.5] 5 [1.5] 15 [4.6] 10% 20 [6.1] Industrial Districts M-MX 20 [6.1] 5 [1.5] 5 [1.5] 15 [4.6] 10% 25 [7.6] M1 20 [6.1] 5 [1.5] 5 [1.5] 15 [4.6] 10% 25 [7.6] M2 20 [6.1] 5 [1.5] 5 [1.5] 15 [4.6] 10% 30 [9.1] Additional Standards Accessory buildings, structures, and uses must comply with Section 7.1 Accessory Structures and Uses, and the permitted projections in Sections 7.13 and 7.14. Buildings, structures, and uses accessory to residential uses located in a non-residential zoning districts must meet the requirements of the RHD zoning district. Notes: a) Where an accessory building or structure is located to the rear of the principal building and abuts a front yard of another zoning site, the accessory building or structure shall be subject to the rear and side yard requirements applicable to the principal building. b) Where no primary access is provided from the fronting street, a 7 ft (2.1 m) rear yard is required. c) Detached accessory structures in RSU and RLD zones not located to the rear of the rear wall of the principal building shall be subject to the dimensional standards applicable to the principal building.