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i
Notice: All persons making use of this Consolidation are reminded that it has
no legislative sanction; that the Amendments have been embodied only for
the convenience of reference; and that the original By-law and Amendments
should be consulted for all purposes of interpreting and applying the law.
An Office Consolidation of
The Town of Teulon
Zoning By-law
By-law No. 18/02
ii
Adopting
By-law
Changes and Amendments
Content
Affected
Remarks
Text
Map
8/06
-
Rezoned from "AR" to "CH"
X
11/12
-
Rezoned from "MG" to "RG"
X
5/14
-
Rezoned from "RMH" to "RM"
X
6/14
-
Rezoned from "CH" to "RG"
X
6/2018
-
Text amendments to Part I-Sec.2; Part IV; Table
VII - I (addition of Secondary Suites provisions)
X
5/2021
-
Text amendments to Part IV; Part VIII 4.(4) & Part
IX 4.(4) (addition of Portable Storage Units
provisions)
X
iii
THE TOWN OF TEULON
ZONING BY-LAW
BY-LAW NO. 18/02
iv
TOWN OF TEULON
BY-LAW NO. 18/02
Being A BY-LAW to regulate the use and development of the land within the Town of Teulon.
WHEREAS, Section 39(1) of The Planning Act, Chapter P80, S.M. 1987, provides that a Zoning
By-law may be enacted by the Council of a municipality;
AND WHEREAS, Pursuant to Section 27(1) of said Planning Act, the Board of South Interlake
Planning District has by By-law adopted a Development Plan;
AND WHEREAS, Section 32(2) of the same Act provides that a Zoning By-law shall be
prepared upon the adoption of a Development Plan;
NOW THEREFORE, THE Council of the Town of Teulon, in meeting duly assembled, enacts as
follows:
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TABLE OF CONTENTS
PAGE NO.
PART I
DEFINITIONS
1
PART II
ADMINISTRATION
24
PART III
ZONES
36
PART IV
GENERAL REGUALTIONS
39
PART V
AGRICULTURAL
52
PART VI
OPEN SPACE AND RECREATIONAL ZONE
58
PART VII
RESIDENTIAL ZONES
66
PART VIII
COMMERCIAL ZONES
76
PART IX
INDUSTRIAL ZONES
90
PART X
REPEAL AND EFFECTIVE DATE
104
APPENDIX "A" ZONING MAP
105
vi
PART I - DEFINITIONS
PAGE NO.
1.
Rules of Construction
1
2.
Definitions
2
1
PART I - DEFINITIONS
RULES OF CONSTRUCTION
1.
The following rules of construction apply to the text of this by-law:
(1)
Words, phrases and terms defined herein shall be given the defined meaning.
(2)
Words, phrases and terms defined herein shall be given the defined herein but
defined in the Planning Act and the Building code, or other By-laws of the Town
of Teulon shall be construed as defined in such Act and By-laws.
(3)
Words, phrases and terms not defined herein nor in the Building, or other By-laws
of the Town of Teulon shall be given their usual and customary meaning except
where, in the opinion of Council, the context clearly indicates a different
meaning.
(4)
The phrase "used for" includes "arranged for", "designed for", or "occupied for".
(5)
Unless the context clearly indicates the contrary, where a regulation involves two
or more items, conjunction "and", "or" or "either-or", the conjunction shall be
interpreted as follows:
(a)
"and" indicates that all the connected items, conditions, provisions or
events shall apply in any combination.
(b)
"or" indicates that the connected items, conditions, provisions or events
may apply singly or in combination.
(c)
"either-or" indicates that the connected items, conditions, provisions or
events shall apply singly but not in combination.
(6)
The word "includes" shall not limit a term to the specified examples, but is
intended to extend the meaning of all instances or circumstances of like kind or
character.
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DEFINITIONS
2. (1) "Accessory", when it is used in this By-law, shall have the meaning as accessory use.
(2)
"Accessory building", means an accessory building, which is attached to the principal
building, and in determining the required yards, the attached accessory building shall be
treated as being part of the main building.
(a)
"Accessory building, attached," means an accessory building, which is attached to
the principal building, and in determining the required yards, the attached
accessory building shall be treated as being part of the main building.
(b)
"Accessory building, detached" means an accessory building which is not
attached to the principal building and in determining the required yards, the
requirements for accessory use, buildings and structures as shown in the Bulk
Table shall be used.
(c)
"Accessory building, semi-detached" means an accessory building, which is
attached to the principal building by a structure such as, but not limited to, a
breezeway. The required yards for a semi-detached accessory building shall be
determined in the same manner as in paragraph (a) above.
(3)
"Accessory use or structure", means a use or structure on the same site with,
and of a nature customarily incidental and subordinate to, the principal use or structure.
The single exception to the above is accessory off-street parking facilities which may be
permitted by variation order to locate elsewhere than on the same zoning site with the
building, structure or use served.
(4)
"Act", means The Planning Act, Chapter P80 of the Continuing Consolidation of the
Statutes of Manitoba, and amendments thereto.
(5)
"Agricultural activities", means a use of land for agricultural purpose including
farming, dairying, pasturage, agriculture, apiculture, floriculture, horticulture, and animal
and poultry husbandry and the necessary accessory uses for packing, storing or treating
the produce; provided, however, that the operation of any such accessory uses shall be
secondary to that of the normal agricultural activities.
(6)
"Agricultural implement sales and services", means a building and open area,
used for display, sale or rental and repair or maintenance of new or used farm
implements.
(7)
"Airport", means any area of land or water which is used or intended for use for the
landing or taking off of aircraft and any appurtenant areas which are used or intended for
use for airport buildings or other airport facilities or rights-of way, including taxiways,
aircraft storage and tie-down areas, hangars and related buildings and open spaces.
3
(8)
"Alter or alteration", means a change or modification to an existing building, structure
or use which, unless otherwise provided for herein, does not increase the exterior
dimensions with respect to height and area.
(9)
"Alterations, incidental", means;
(a)
Changes or replacements in the non-structural parts of a building or structure,
including but not limited to the following:
(i)
an addition on the exterior of a building, such as an open porch;
(ii)
alteration of interior partitions of buildings: or
(iii)
Replacement of or changes in, the capacity of utility pipes, ducts or
conduits.
(b)
Changes or replacements in the structural parts of a building, including but not
limited to the following:
(i)
adding or enlarging windows or doors in exterior walls;
(ii)
replacement of building facades; or
(iii)
Strengthening the load bearing capacity, in not more than ten percent
(10%) of the total floor area, to permit the accommodation of a specialized
unit of machinery or equipment.
(10) "Alteration, structural", means the construction or reconstruction of supporting
elements of a building or other structure
(11) "Apartment block or building", means the same as "DWELLING, MULTIPLE -
FAMILY".
(12) "Apartment Hotel", means a building or portion thereof designed for or containing
dwelling units with or without kitchen accommodation and guest rooms or suites of
rooms in which there is provided for occupants, all or most of the services furnished by
hotels to their guests.
(13) "Amusement Parlour", means a use conducted wholly within a building, that would
include four or more games of chance and skill, such as pinball machines, video games,
shuffleboard games, model car racing, and other similar games.
(14) "Area, the", means all that land within the boundaries of the Town of Teulon.
(15) "Automobile body shop", means a building wherein the autobody repair and/or painting
of automobiles takes place.
(16) "Automobile laundry or carwash", means a building or portion thereof wherein
facilities are provided for the washing, cleaning and polishing or motor vehicles.
4
(17) "Automobile or trailer sales area", means an open area, used for the display, sale or
rental of new or used automobiles or trailers, and where repairs are made they shall be
done within a completely enclosed building, except minor incidental repairs of
automobiles or trailers.
(18) "Automobile wrecking", means the dismantling or wrecking of used motor vehicles or
trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or
wrecked vehicles or their parts.
(19) "Awning, canopy or marquee", means any roof like structure, which may be
constructed as an integral part of a building or attached in such manner as not to be an
integral part of a building, but is so constructed to provide shelter or shade over an
entrance way or a window.
(20) "Basement or cellar", means that portion of a building which is all or partly
underground.
(21) Bed and Breakfast", means a dwelling occupied by a family and used incidentally to
provide accommodation and meals to transient travelers and includes a tourist home but
does not include a boarding house, rooming house, hostel, group home, hotel or motel.
(22) "Board", means the Board of the South Interlake Planning District as established
under Section 14 of the Act.
(23) "Boarding House", means a dwelling in which the proprietor supplies for a sleeping
accommodation with board for at least three persons and not more than ten persons
exclusive of the proprietor, members of the proprietor's family and servants of the
establishment but does not include a hostel.
(24) "Building", means a building as defined in the Act.
(25) "Building, height of", means the total number of storeys in a building or the
vertical distance measured from grade to the highest point of the roof surface if a flat
roof; to the deck of a mansard roof; and to the mean height level between eaves and ridge
for gable, hip or gambrel roof.
(26) "Building, main or principal", means a building in which is conducted the principal use
of the site on which it is situated.
(27) "Bulk", means the following:
(a)
The size (including height of building and floor area) of buildings or structures;
(b)
The size of the zoning site (including area, width and depth of site) upon which a
building is located, and the number of dwelling units or rooms within such
building in relation to the size of the zoning site;
5
(c)
The location of exterior walls of buildings in relation to site lines, to other walls
of the same building, to legally required windows, or to other buildings; and
(d)
All open areas relating to buildings or structures and their relationship thereto.
(28) "Camping and tenting grounds", means an area of land planned and improved to
accommodate travel trailers, camping trailers, pick-up coaches, motorized homes, tents,
tent trailers or other camping accommodations used for travel, recreational and vacation
uses.
(29) "Carport", means an attached building open on two sides for the shelter
of privately owned automobiles.
(30) "Caterer's Establishment", means an establishment in which food and beverages are
prepared for consumption off the premises and are not served to customers on the
premises or to take.
(31) "Cemetery", means land for the burial of the dead and dedicated for cemetery purposes,
including columbaria, crematoria, mausoleums and mortuaries, when operated in
conjunction with and within the boundaries of such cemetery.
(32) "Child care services", means the provisions of care for remuneration or reward to child
apart from his or her parents or guardians for a period in any one day not exceeding
fourteen (14) hours:
(a)
"Drop-in babysitting service" means the provision of supervision on a
temporary basis being equal to the period of time while the child is with
the babysitting service of children in a commercial or institutional building
while the parents or guardians of the children undertake some form of
short term activity, such as shopping, entertainment, education or similar
activities in close proximity basis.
(b)
"Home day care" means the provision of child care services in a family
dwelling unit, in which the owner or tenant resides, or churches or parish
halls, to children, including the children of the owner or tenant, who are
generally not over twelve (12) years of age. The number of children shall
not exceed eight (8).
(c)
"Group day care" means the provision of child care service to nine (9) or
more children who are generally not over the age of twelve (12) years of
age in a provincially licensed facility with access to an outdoor recreation
area.
(33) "Club, private, non-profit", means a non-profit corporation incorporated under the
provisions of the Canada Business Corporation Act and The Business Corporations Act
of Manitoba, or an association consisting of persons who are bona fide members paying
6
annual dues, which owns or leases a building or portion thereof, the use of such premises
being restricted to members and their guests.
(34) "Club, recreational", means a non-profit corporation chartered by The Canada
Corporation Act or The Manitoba Corporation Act, or an association consisting of
persons who are bona fide members paying annual dues, which owns or leases land or
buildings or portion thereof, the use of such premises being restricted primarily to the
principal use, which is a generally recognized sport or recreational activity.
(35) "Compound, new and used vehicles", means an area of land totally enclosed by a
fence of the minimum height of six (6) feet with the maximum height to not exceed the
maximum height allowable under the municipal building and zoning regulations.
(36) "Compound, derelict vehicles", means an area of land totally enclosed by a fence of a
maximum height allowable under the municipal building and zoning regulations, which
fence must be totally non-see through from top to bottom.
(37)
"Conditional Use", means the conditional use of land and/or buildings as defined in the
Act.
(38)
"Condominium", means a condominium as established under the provisions of The
Condominium Act
(39)
"Condominium bare land unit", means a unit of land defined by delineation of
its horizontal boundaries without reference to any buildings on a condominium plan.
(40) "Condominium unit", means a part of the land or building and is designated as
a unit by the condominium plan, and is comprised of the space enclosed by its boundaries
and all the material parts of the land within this space at the time the condominium
declaration and plan are registered.
(41) "Contractor's establishment", means a building or construction trade or operation
within an enclosed building with a minimum of outside storage of equipment or
materials.
(42) "Contractor's yard", means a site or area of land occupied or used by a building or
construction trade or occupation wherein the outside storage of materials or storage and
servicing of equipment is the principal use of the site.
(43) "Cottage", means a dwelling constructed and used as a secondary or temporary place of
residence, for vacations and recreational purposes and not as the principal residence of
the owner or occupant thereof.
(44) "Council", means the Council of the Town of Teulon.
(45) "Court", means an open unoccupied space on the same zoning site with a building and
bounded on two (2) or more sides by such building or buildings.
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(46) "Density", means the total number of dwelling units divided by the total area of land to
be developed expressed in gross acres.
(47) "Development Officer", means the officer appointed by the Board in accordance with
the provisions of the Act.
(48) "Development Permit", means a permit issued under this zoning by-law authorizing
development, and may include a building permit.
(49)
"Development Plan", means the South Interlake Planning District Development Plan
adopted by By-law No. 1/02 and amendments thereto.
(50) "Drive-in establishment", means an establishment with facilities for attracting and
servicing prospective customers travelling in motor vehicles, which are driven onto the
site where the customer may or may not receive service in the vehicle.
(51)
"Dwelling", means a building or portion thereof designed for residential occupancy, but
does not include a travel trailer, a motor home or mobile home.
(52)
"Dwelling, single-family", means a detached building designed for and used by one- (1)
family.
(53)
"Dwelling, two-family", means a detached or semi-detached building designed for and
used by two (2) families, each having exclusive occupancy of a dwelling unit.
(54)
"Dwelling, multiple-family", means a building containing three (3) or more dwelling
units, each unit designed for and used by one (1) family.
(55)
"Dwelling unit", means one (1) or more rooms in a building designed for one (1) or
more persons as a single housekeeping unit with cooking, sleeping and sanitary
facilities.
(56)
"Dwelling unit area", The floor area in the basement, open and enclosed decks and
garage shall not be included in the calculations of the dwelling unit area.
(57)
"Dwellings, unlotted town or row type", means a number of town or row type dwelling
units situated on a zoning site.
(58)
"Dwelling, lotted town or row type", means a single town or row type dwelling unit
situated on a zoning site, the limits of which are designated on a plan of subdivision on
record in the Winnipeg Land Titles Office.
(59)
"Eating and drinking establishments", means the sale to the public of prepared foods,
8
for consumption within the premises or off the site. This includes licensed drinking
establishments, restaurants, cafes, delicatessens, tearooms, banquet halls and catering,
lunchrooms, and take-out restaurants.
(60)
"Enlargement", means an addition to the floor area of an existing building or structure,
or an increase in that portion of a site occupied by an existing use.
(61)
"Existing", means existing on the effective date of this By-law.
(62)
"Extension", means an increase in the amount of existing floor area used for an existing
use, within an existing building.
(63)
"Family", means one or more people related by blood or marriages or common law
marriage or adoption, or a group of not more than three (3) persons who may not be
related by blood or marriage or common law marriage or adoption, living together as a
single housekeeping unit.
(64)
"Farm buildings or structures", mean any buildings or structures existing or erected on
land used principally for agricultural activities but not including dwellings.
(65)
"Floor area", means the sum of the gross horizontal areas of the several floors of all
buildings and structures on the zoning site, measured from the exterior faces of the
exterior walls or from the centreline of party walls. In particular, the floor areas of a
building or buildings shall include:
(a)
Basements when used for residential, commercial or industrial purposes, but not
including space used for storage or the housing of mechanical or central heating
equipment, and accessory off-street parking spaces;
(b)
Elevator shafts and stairwells at each story, except shaft and stair bulkheads and
exterior unroofed steps or stairs; and
(c)
Penthouses, mezzanines, attics where there is a structural headroom of seven (7)
feet or more.
(66)
"Garage", means a building or portion thereof in which a motor vehicle is, or motor
vehicles are, stored, repaired, washed or serviced, excluding autobody shop.
(67)
"Garage, private or carport", means an accessory building or portion of principal
building, if attached, used by the occupants of the premises upon which it is located for
the parking or temporary storage of private passenger motor vehicles and may also
include the incidental storage of other personal property.
(68)
"Garden apartment", means an apartment building not exceeding forty-five (45) feet or
(3) storeys in height, whichever is lesser, and includes design features such as balconies,
courts and considerable common lawn or garden space, including roof gardens.
9
(69)
"Grade", means the average level of finished ground adjoining a building
or structure at all exterior walls, as determined by the Development
Officer.
(70)
"Home occupation", means an accessory use which:
(a)
is carried on in a dwelling unit or mobile home or its accessory
building;
(b)
is carried on solely by the members of the family residing at the same dwelling
unit or mobile home without the employment of other persons;
(c) is incidental to or secondary to the use of the dwelling unit or mobile
home;
(d)
has no exterior display, no exterior storage of materials, and no other exterior
indication of the home occupation or variation of the residential character of the
principal or accessory building except as provided for herein;
(d)
does not become offensive, or obnoxious or create a public nuisance;
(e)
does not cause the generation of undue traffic and congestion in the
neighbourhood; and
(71)
"Hotel", means a building or part thereof wherein accommodation is provided for
transient lodgers, in any individual room or apartment, with or without cooking facilities.
Permitted accessory uses include, but are not limited to, restaurants, licensed beverage
rooms, banquet halls, ballrooms and meeting rooms.
(72)
"House, boarding, lodging or rooming", means a building or portion thereof, other than
a hotel or motel, without individual cooking facilities, where lodging, or lodging and
meals are provided for compensation.
(73)
"Junk yard", means an open area where waste or scrap materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled, including, but not limited to
metals, paper, rags, rubber tires and bottles. A junk yard includes an automobile wreaking
or dismantling yard but does not include uses established entirely within an enclosed
building.
(74)
"Kennel", means any premises on which more than two (2) animals are boarded, bred,
trained or cared for, in return for remuneration or are kept for the purpose of sale. A
kennel shall not include a veterinary clinic, animal hospital or animal pound.
10
(75)
"Lane", means a street not over thirty-three (33) feet in width which affords
only a secondary means of vehicular access to abutting property.
(76)
"Livestock", means farm animals kept for use, propagation or intended for profit and
includes:
(a)
dairy and beef cattle;
(b)
swine, goats, sheep and horses;
(c)
hens, chicken, turkeys, turkey broilers, geese and ducks; and
(d)
foxes, mink and rabbits.
(77)
"Livestock production operation", means an operation for the rearing,
feeding, or milking of livestock and poultry in an enclosure and in confinement
in buildings or fenced pens but does not include operations for:
(a)
slaughtering of livestock or poultry;
(b)
grading or packing of livestock or poultry and their products;
(c)
transporting livestock and poultry and their products;
(d)
a hatchery;
(e)
a livestock auction market;
(f)
livestock sale yards, in which livestock may be kept for a period not exceeding
ten (10) days; and
(g)
pasturing cattle.
(78)
"Loading space", means an off-street space on the same zoning site with a building, or
contiguous to a group of buildings for the temporary parking of a commercial vehicle
while loading or unloading merchandise or materials, and which has access to a street or
lane, other appropriate means of access.
(79)
"Lodge", means a hall or meeting place of a local branch for the members of a fraternal
order or society, such as Masons, Knights of Columbus, Elks, Eagles and similar
organizations.
11
(80)
"Maisonette", means a self contained living accommodation often occupying two floors
of a larger house and having its own outside entrance.
(81)
"Manufacturing", means the use of land, buildings or structures for the purpose of
manufacturing, assembly, making, preparing, inspecting, finishing, treating, altering,
repairing, warehousing or storing or adapting for sale of any goods, substance, article,
thing or service.
(82)
"Mobile home", means a dwelling unit, which means a dwelling unit, which meets either
of the following criteria:
(a)
It was constructed and identified as CSA-A277 OR CSA Z240 and possesses an
identification stricter evidencing this; or
(b)
A dwelling unit which has a metal chassis or frame supporting the dwelling unit
and was constructed off the site.
(83)
"Mobile Home Park", means an area of land upon which mobile home spaces are
provided and have been approved by the Council.
(84)
"Mobile home site", means a zoning site in mobile home subdivision for the placement
of a mobile home.
(85)
"Mobile home space", means a space in a mobile home park for the placement of a
mobile home.
(86)
"Mobile home subdivision", means an area of land subdivided to provide mobile home
sites in accordance with the subdivision approval procedure under The Planning Act.
(87) "Motel", means a building or part thereof, not over two (2) storeys in height
wherein sleeping accommodation is provided for transient lodgers and in which
there is an exist from each room or suite of rooms directly to the outdoors with
access to grade level. Permitted accessory uses include but are not limited to
restaurants, licensed beverage rooms, banquet halls, ballrooms and meeting rooms.
(88)
"Non-conformity",
(1)
"Non-conformity" means one, or a combination of two or more, of the following:
(a)
A site or an area of land;
(b)
A building or structure;
(c)
A use of building or structure;
(d)
A use of land; or
(e)
A sign;
12
Which lawfully existed prior to the effective date of this By-law or amendments thereto,
but does not conform to the provisions contained within this By-law or amendments
thereto.
(2)
Non-conformities are hereby classified as:
(a)
Uses
"Non-conforming uses" means any lawful use of a building, structure or
land, or portion thereof, which does not conform to one or more of the
applicable use regulations of the zone in which it is located, either on the
effective date of this By-law or amendments thereto;
(b)
Buildings or structures
A "non-conforming building or structure" means any lawful building or
structure which does not comply with one or more of the applicable bulk
regulations in the zone on the effective date of this By-law or amendments
thereto;
(c)
Site
A "non-conforming site" means any lawful site which does not comply
with the site area, site width or site depth on the effective date of this By-
law, or amendments thereto, and was on record in the Land Titles Office
and in separate ownership prior to the effective date of this By-law, or
amendments thereto, and did not form part of a larger contiguous holding
in the same ownership; and
(d)
Signs
A "non-conforming sign" means any lawful sign, which does not comply
with one or more of the applicable bulk regulations in the zone on the
effective date of this By-law or amendments thereto.
(89)
"Open space", means that portion of a zoning site at ground level, unless otherwise
stated, unoccupied by principal or accessory buildings and available to all the occupants
of the building. The open space shall be unobstructed to the sky and shall not be used for
service driveways or accessory off-street parking space or loading space, unless
otherwise provided for herein, but shall be useable for landscaping, drying yards,
recreational space and other leisure activities normally carried on outdoors. Balconies,
roof and other like above grade level areas may also be considered as open space.
(90)
"Owner", means an owner as defined in the Act.
(91)
"Parcel of land", means a parcel as defined in the Act.
13
(92)
"Parking Area", means an open area of land other than a street or lane, or an
area within a structure used for the parking of vehicles.
(93)
"Parking area, public", means a parking area used for temporary parking of vehicles
and is available for public use whether free, for compensation or as an accommodation
for clients, customers, employees or visitors.
(94)
"Parking space", means a parking area, public parking area or zoning site for the
temporary parking or storage of a vehicle.
(95)
"Partition", means an interior non-load bearing wall one story or part story in height.
(96)
"Party wall", means a wall forming part of a building and used for separation of
adjoining buildings occupied, constructed or adapted to be occupied by different persons
or businesses.
(97)
"Performance standard", means a standard established to control noise, odour, smoke,
toxic or noxious matter, vibration, fire and explosive hazards or glare or heat generated
by, or inherent in, uses of land or buildings.
(98)
"Personal service shop", means a building or part of a building in which persons are
employed in furnishing services and otherwise administrating to the individual and
personal needs of persons and without limiting the generality of the foregoing may
include such establishments as barber shops, beauty parlors, hair-dressing shops,
Laundromat, shoe repair and shoe shining shops, tailor and dressmaking shops.
(99)
"Planned Unit Development", means a land development project planned as an entity in
accordance with a unitary site plan which permits flexibility in siting of building, mixture
of housing types and land uses, useable open spaces, and the preservation of significant
natural features.
(100) "Premises", means an area of land with or without buildings.
(101) "Public utility", means any system, works, plant, equipment or services which furnishes
services and facilities available at approved rates to or for the use of the inhabitants of the
Town of Teulon including but not limited to:
(a)
Communication, by way of telephone, wireless or television;
(b)
Public transportation, by bus or other vehicles;
(c)
Production, transmission, delivery or furnishing of water, gas or electricity to the
public at large; or
(d)
Collection of sewage, garbage or other waste.
(102) "Public utility building", means a building used by a public utility.
14
(103) "Repair", means the renewal or reconstruction of any part of an existing
structure for the purpose of its maintenance or restoration.
(104) "Residential care dwelling", means a dwelling in which sleeping
accommodation and supervision for individuals numbering three (3) or less who are not
related by blood, marriage, adoption or common law marriage. When determining the
number of individuals, any person employed to provide such care shall not be counted.
(105) "Residential Care Facility", means a dwelling in which sleeping
accommodation and supervision for individuals numbering four (4) or more which
individuals are not related by blood, marriage, adoption or common law marriage. When
determining the number of individuals, any person employed to provide such care shall
not be counted.
(106) "Secondary Suite" means a self-contained accessory dwelling unit located within a permanent
single-family detached dwelling on a single zoning site. A secondary suite contains a single
housekeeping unit and has its own separate access, cooking, sleeping and sanitary facilities
which are separate from and not shared with those of the principal dwelling unit. This use does
not include duplex housing, semi-detached housing, or apartment housing. (BL 6/2018)
(107) "Senior citizens home", means a multiple-family dwelling or building containing
individual rooms where elderly people live independent of personal care.
(108) "Service station, automotive", means a building or portion thereof and land used
for supplying fuel, oil, minor accessories and making repairs to motor vehicles at retail
direct to the customer.
(109) "Sign", means any writing (including letter, word or numeral), pictorial
representation (including illustration or decoration), emblem (including device, symbol or
trademark), banner, pennant or any other figures of similar character which:
(a)
is a structure or any part thereof, or is attached to, painted on or in any
other manner represented on or in a building or other structure;
(b)
is used to identify, direct attention to, or advertise; and
(c)
is visible from outside a building but shall not include show windows.
(109) "Sign, advertising", means a sign directing attention to a business, commodity, service
or entertainment conducted, sold on site or offered elsewhere.
(110) "Sign, bulletin board", means a sign of permanent character, but with movable letters,
words or numerals indicating the name of persons associated with, or events conducted
upon, or products or services offered upon the premises upon such sign is maintained,
e.g. school, church, community centre bulletin board and similar uses.
15
(111) "Sign, Business", means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same zoning site where the sign is
maintained.
(112) "Sign, construction", means a sign which identifies a construction project and
information relative thereto.
(113) "Sign, facia or wall", means any sign attached against the surface of, or against or within
a recess in the wall, a column or other perpendicular portion of a building in a position
essentially parallel to said wall, column or other perpendicular portion. A facia sign shall
also mean any sign attached to the walls of two or more buildings and spanning the
spaces between said buildings.
(114) "Sign, flashing", means an illuminated sign on which artificial light is not maintained
constant in intensity and color at all times when such sign is in use.
(115) "Sign, freestanding", means a sign supported by vertical column or columns placed in
the ground with the sign surface area above ground level.
(116) "Sign, identification", means a sign that identifies the business, owner, resident or the
street address and which sets forth no other advertisement.
(117) "Sign, illuminated", means a sign designed to give forth any artificial light or reflect
light from an artificial source.
(118) "Sign Marquee", means a sign attached to a marquee, canopy, or awning projecting
from and supported by a building.
(119) "Sign, projecting", means any sign other than a facia sign, which is attached to a
building and extends beyond the exterior wall of the said building or beyond the surface
of that portion of the building to which it is attached.
(120) "Sign, real estate", means a sign advertising the sale, rental or lease of
the premises on which it is maintained.
(121) "Sign, roof", means any sign erected, constructed and maintained and maintained
wholly upon or over the roof of any building with the principal support on the roof
structure.
(122) "Sign surface area", means the entire area within a single continuous perimeter
enclosing the extreme limits of writing, representation, emblem, or any figure of similar
character, including any frame or other material or color forming an integral part of the
display or used to differentiate such sign from the background against which it is placed;
excluding the necessary supports of uprights on which it is placed. Where a sign has two
or more uprights on which it is placed. Where a sign has two or more faces, the area of all
faces shall be included in determining the area of the sign, except that where two such
16
faces are placed back to back and are at no point more than two (2) feet from one another,
the sign surface area of the sign shall be taken as the surface area of one face if the two
faces are of equal area, or as the surface area of larger face if the two faces are of unequal
area.
(123) "Sign temporary", means a sign with or without a structural frame and intended for a
limited period of display, and shall include a mobile sign.
(124) "Site", means a zoning site as defined herein unless the context indicates otherwise.
(125) "Site area", means the computed area contained within the site lines.
(126) "Site corner", means a site situated at the intersection of two (2) streets, the interior
angle of such intersection not exceeding 135 degrees.
(127) "Site coverage", means that part of the site area expressed as a percent that is covered by
the maximum horizontal cross-section of a building or buildings. Structures which are
below the finished site grade, including sewage lagoons, water reservoirs, parking
structure below grade and similar structures, shall not be included in site coverage.
17
(128) "Site depth", means the horizontal distance between the centre points in the front and
rear site lines.
(129) "Site frontage", means all that portion of a zoning site fronting on a street and measured
between side site lines.
(130) "Site, interior", means a site other than a corner site or a through site.
18
(131) "Site, Key", means the first site to the rear of a reversed corner site,
(132) "Site Lines", means as follows:
(a)
"Front site line," means that boundary of a site which is along an existing
or designated street. For a corner site the Development Officer may select
the front site lines except where an interior site abuts the corner site, then
the front site line shall be that line which is the continuation of the front
site line of the interior site;
(b)
"Rear site line" means that boundary of a site which is most nearly parallel
to the front site line and in the case of a site in which the side site lines
intersect, such as a triangular site, a line ten (10) feet in length within the
site, parallel to and at the maximum distance from the front site line;
(c)
"Side site line" means any boundary of a site which is not a front or rear
site line; and
(d)
Where an irregular shaped site cannot have its site lines defined by the
foregoing definitions, the front, rear and side site lines shall be determined
by the Development Officer.
19
(133) "Site, reverse corner", means a corner site, the flanking street site line of which is
substantially a continuation of the front site line of the first site to its rear.
(134) "Site, through", means a site having a pair of opposite site lines along two (2) more or
less parallel streets. On a through site both street lines shall be deemed front site lines.
20
(135) "Site width", means the horizontal distance between the side site lines, measured at right
angles to the site depth at a point midway between the front and rear site lines, or forty
(40) feet from the front site line, whichever is the lesser.
(136) "Site, zoning", means an area of land which:
(a)
is occupied, or intended to be occupied, by a main building or a group of such
buildings and accessory buildings, or utilized for the principal use or uses thereto,
together with such open spaces as are required under the provisions of this by-
law;
(b)
has frontage on a street or has any lawful means of access satisfactory to the
Council; and
(c)
is of sufficient size to provide the minimum requirements of this by-law for a
permitted or conditional use in a zone where the use is located.
(137) "Stable, private", means a detached accessory building for the keeping of cattle or
horses owned by the occupants of the premises and not kept for remuneration, hire or
sale.
(138) "Stable, public", means a stable other than a private stable.
(139) "Storey" means that portion of any building which is situated between the top of any
floor and the top of the floor next above it; and if there is no floor above it, that portion
between the top of such floor and the ceiling above it, A basement shall be counted as a
storey for the purpose of height measurement if the vertical distance between the ceiling
and the average finished level of the adjoining ground is more than six (6) feet.
21
(140) "Storey, first", means the storey with its floor closest to grade and having
its ceiling more than six (6) feet above grade, and is located immediately above the
basement where applicable.
(141) "Storey, second", means the storey located immediately above the first storey.
(142) "Street", means a street as defined in the Act.
(143) "Structure", means anything constructed or erected with a fixed location on or below the
ground, or attached to something having a fixed location on the ground and includes
buildings, walls, fences, signs, billboards, poster panels, light standards and similar items.
(144) "Travel Trailer", which term also includes a motor home, means a vehicular, portable
structure designed to be used as temporary accommodation for travel, recreational and
vacation purposes and which:
(a)
Is capable of being transported on its own chassis and running gear by towing or
other means;
(b)
Is placed on the chassis or body of a motor vehicle; or
(c)
Forms part of a motor vehicle.
(145) "Travel Trailer Parks", means any premises which is used or designed for temporary
accommodation of two or more travel trailers whether or not a charge is made for such
accommodation.
(146) "Use", means:
(a)
Any purpose for which a building or structure or an area of land may be designed,
arranged, intended, maintained or occupied; or
(b)
Any activity, occupation, business or operation carried on, or intended to be
carried on, in a building or structure or on an area of land.
(147) "Used vehicle sale area", means an open area where used automobile, truck or like
motorized vehicles are acquired and displayed for resale or trade in its entirety, but not to
be dismantled and used or sold in part.
(148) "Yard", means an open area, on the same zoning site with a building or structure
which yard is unoccupied and unobstructed from its lowest level to the sky, except as
otherwise permitted herein.
22
(a)
"Yard, required", means a yard extending along a site line or wall to a depth or
width (measured from the site line or wall) specified in the yard requirement for
the zone in which such zoning site is located;
(b)
"Yard, corner side", means a side yard which adjoins a street;
(c)
"Yard front", means a yard extending along the full length of the front site line
between the side site lines;
(d)
"Yard, interior side", means a side yard which is adjacent to another zoning site,
or to a lane separating such side yard from another zoning site, or to the wall of a
building adjacent to the wall of another building in a planned unit development;
(e)
"Yard, rear", means a yard extending along the full length of the rear site line
between the side site lines;
(f)
"Yard, side", means a yard extending along the side site line from the front yard
to the rear yard; and
(g)
The following sketches illustrate the foregoing definitions of the yards:
23
24
PART II - ADMINISTRATION
PAGE NO.
1.
Title
26
2.
The Area
26
3.
Intent and Purpose
26
4.
Responsible Authority
26
5.
Responsibilities of Council
27
6.
Responsibilities of The Board
27
7.
Planning Advisory Committee
27
8.
Amendments
27
(1)
Procedures
27
(2)
Decision by Council
28
(3)
Objection to District Board
28
9.
Conditional Uses
28
(1)
Conditional Use
28
(2)
Application
28
(3)
Filing an Application
28
(4)
Expiry of Approval
29
(5)
Existing Conditional Use
29
(6)
Changes to an Existing Conditional Use
29
10.
Variations
29
(1)
The Right to Apply
29
(2)
The Application
29
11.
Development Agreement
29
(1)
Agreement with the Town of Teulon
29
(2)
Agreement to Comply with the Act
30
12.
The Development Officer
30
(1)
Duties
30
(2)
Powers
30
(3)
Defer Approval of Permits
30
25
PART II - ADMINISTRATION (cont'd)
PAGE NO.
13.
Development Permit
31
(1)
Permit Required
31
(2)
When Required
31
(3)
Requirements
31
(4)
Responsibilities of Owner
32
14.
Building Permits - Permits Issued Prior to By-law
32
15.
Non-conformity
32
(1)
General Provisions
32
(2)
Structural Alterations
32
(3)
Repairs and Rebuilding
32
(4)
Non-conforming Site
33
(5)
Non-conforming Signs
33
(6)
Certificates and Fees
33
16.
Interpretation and Application
34
(1)
Minimum Requirements to Apply
34
(2)
Relation to Other By-laws
34
(3)
Previous Violations
34
(4)
Site and Yard Reductions
34
(5)
Variation Order or Special Exception Prior to By-law
34
(6)
"A", "O", "R", "C" OR "M" Zones
34
17.
Enforcement
35
18.
Duties of the Owner
35
(1)
Responsibilities
35
(2)
Permits Required
35
19.
Fee Schedule - Fees
35
26
PART II - ADMINISTRATION
TITLE
1.
This By-law may be cited as "The Town of Teulon By-law".
THE AREA
2.
The provisions of this By-law shall apply to all lands within the limits of the Town of
Teulon.
INTENT AND PURPOSES
3.
The regulations and provisions established by this By-law are deemed necessary in order
to:
(1)
Implement the objectives and policies of the South Interlake
Planning District Development Plan as it applies to the Town of Teulon;
(2)
To guide and define the powers and duties of the Council, the Board,
and the Development Officer; and
(3)
To regulate the following:
(a)
All buildings and structures erected hereafter;
(b)
All uses of buildings, structures and land established hereafter;
(c)
All structural alterations or relocations of existing buildings and structures
occurring hereafter;
(d)
All enlargements or additions to existing buildings, structures or uses; and
(e)
The change of use of land, buildings or structures.
RESPONSIBLE AUTHORITY
4.
(1)
The authority responsible for the enactment of this By-law shall
be the Council, in accordance with the provisions of the Act; and
(2)
Subject to the provisions of the Act, the regulations, restrictions and boundaries
set forth in this By-law may from time to time be amended, supplemented,
changed or repealed.
27
RESPONSIBILITY OF COUNCIL
5.
Subject to the provisions of the Act, the Council is responsible for:
(1)
Enactment of the By-law;
(2)
Considering the adoption or rejection of proposed amendments or the repeal of
this By-law;
(3)
Approving or rejecting conditional use applications, and may revoke existing
conditional uses and variation orders for any violation of any conditions imposed
by it.
RESPONSIBILITIES OF THE BOARD
6.
Subject to the provisions of the Act, the Board is responsible for:
(1)
Administering and enforcing the provisions of this By-law;
(2)
Administering and enforcing relevant provisions of the Act, where applicable;
(3)
Establishing a schedule of fees and charges for development and building permits.
Until all applicable fees and charges have been paid in full, no action need be
taken on any application; and
(4)
Processing applications to be submitted to Council for amendments, variations
orders and conditional uses and the collection of fees as provided for herein.
PLANNING ADVISORY COMMITTEE
7.
Planning advisory committees may be established in accordance with the provisions
of the Act.
AMENDMENTS
PROCEDURES:
8.
(1)
Subject to the provisions of the Act, an amendment may be initiated by
a resolution of intention by the Council, or by application of one or more owners
of the property of their agents within the area proposed to be changed. An
application to amend the zoning by-law and all required information and fees
shall be filed with the Board.
28
DECISION BY COUNCIL:
8.
(2)
Council shall give notice and hold a public meeting according to the
provisions of 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 the applicant. If Council approves
the application, it shall proceed with the adoption of the amendment in
accordance with the provision of the Act.
OBJECTION TO DISTRICT BOARD:
8.
(3)
Anyone objecting to any amendment which subsequently has been given
second reading by Council may file a further objection with the District Board,
and the District Board shall hold a hearing and a decision according to the
provisions of the Act.
CONDITIONAL USES
CONDITIONAL USES:
9.
(1)
The development and execution of this By-law are based upon the
division of the area into zones, within which zones the use of land and buildings
and structures in relation to the land are substantially compatible. It is recognized,
however, that there are certain uses deemed conditional uses which, because of
their unique characteristics, cannot properly be classified in any particular zone
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. Such uses fall into two categories:
(a)
Uses publicly operated or traditionally associated with the public interest;
and
(b)
Uses entirely private in character but of such an unusual nature that their
operation may give rise to unique problems with respect to their impact
upon neighbouring property or public facilities.
APPLICATION:
9.
(2)
An application for a conditional use shall be processed and approved
or rejected by Council in accordance with the provisions of the Act.
FILING AND APPLICATION:
9.
(3)
The application shall be filed with the Development Officer and shall
be accompanied by a site plan and other data as required and such fees as
determined by the Board.
29
EXPIRY OF APPROVAL:
9.
(4)
The approval of Council in accordance with the provisions of the Act
shall expire and cease to have any effect if it is not acted upon within twelve (12)
months of the date of the decision, unless it is renewed prior to the expiry date at
the discretion of Council, for an additional period of twelve (12) months.
EXISITING CONDITIONAL USE:
9.
(5)
Where an existing use listed as a permitted or conditional use under
the Town of Teulon By-law No. 15/90 and amendments thereto, and is listed as a
conditional use under this by-law, it shall be considered as a legally existing
conditional use.
CHANGES TO AN EXISITING CONDITIONAL USE:
9.
(6)
Any change in a conditional use shall be subject to the provisions of
this Section and the appropriate provisions of the Act.
VARIATIONS
THE RIGHT TO APPLY:
10.
(1)
Any person may apply for a variation order, in accordance with
the provisions of the Act.
THE APPLICATION:
10.
(2)
An application for a variation order and all required information and
fees shall be made to the South Interlake Planning District Board and filed with
the Development Officer.
(3)
An application for a variation order shall be processed and approved
or rejected in accordance with the provisions of the Act.
DEVELOPMENT AGREEMENT
AGREEMENT WITH THE TOWN OF TEULON:
11.
(1)
Where an application is made for the amendment of this By-law,
the Council may require the owner or the person entitled to be registered as owner
of the land, building or structure to which the amendment shall apply, as a condition
to its enactment, to enter into a development agreement with the Town in respect of
that land as well as contiguous land owned or leased by the applicant.
30
AGREEMENT TO COMPLY WITH THE ACT:
11.
(2)
The provisions of said agreement shall be in accordance with the Act.
THE DEVELOPMENT OFFICER
DUTIES:
12.
(1)
The Board shall appoint a development officer, who on behalf of
the Town of Teulon, shall carry out the administration and enforcement of this
By-law:
POWERS:
12.
(2)
The Development Officer may:
(a)
Issue a development permit where the development of land, buildings or
structures conforms to the adopted Development Plan, the provisions of
the Act and the requirements of this By-law and amendment thereto,
subject to the provisions of subsection (3);
(b)
Enter any buildings or premises at all reasonable hours in the performance
of his duties with respect to this By-law;
(c)
Issue development permits for the temporary use of buildings, structures
or land pursuant to the provisions of this By-law; and
(d)
Issue zoning memoranda or such other documents necessary for the
administration and enforcement of this By-law.
(e)
Grant or refuse, in his discretion, a minor variation not to exceed ten (10)
percent of the requirements of this By-law governing front, side, rear or
any other yard, subject to the provisions of the Act.
DEFER APPROVAL OF PERMITS:
12.
(3)
The Development Officer shall defer approving an application for
a development permit:
(a)
as provided for in the Act;
(b)
which would result in a violation of this By-law, the
Development Plan, the Act or any By-law of the Town of Teulon; and
(c)
to any person who has failed to pay any fees due and owing to
the Town of Teulon or the Board under this By-law.
31
DEVELOPMENT PERMIT
PERMIT REQUIRED:
13.
(1)
The owner or his agent shall obtain all necessary permits as required
by the Board, Council and other government agencies.
WHEN REQUIRED:
13.
(2)
An application for a development permit is required for the following:
(a)
The erection or construction or placement of any building, structure or
mobile home, except fences, ornamental light standards and utility sheds
not exceeding 120 square feet in the area and not greater than 10 feet in
height;
(b)
The addition, extension, structural alteration or conversion of any building
or structure;
(c)
The relocation or removal or demolition of any building or structure;
(d)
The use of vacant land, buildings or structures; and
(e)
The change of use of land, buildings or structures except when a change is
from one farm activity to another.
REQUIREMENTS:
13.
(3)
In addition to the requirements of any By-law of the Town of Teulon
or any other provincial regulations, all applications for a development permit
shall:
(a)
Be accompanied by a plan, drawn to scale, showing the actual dimensions
and shape of the site to be built upon; the exact size and location on the
site of buildings already existing, if any, and the location and dimensions
of the proposed building, enlargement or structural alterations; and
(b)
Include such other information as may be required by the Council or
Board, including existing or proposed building or structural alterations;
existing or proposed use of building and land; the number and location of
automobile parking spaces and loading spaces; the number of families,
dwelling units or rental units the building is designed to accommodate;
conditions existing on the site; current copies of relevant titles, easements,
caveats; a surveyor's certificate prepared by a Manitoba Land Surveyor
32
and such other matters as may be necessary to determine conformance
with and provide for the enforcement of this By-law.
RESPONSIBILITIES OF OWNER:
13.
(4)
No person shall erect, locate, relocate, repair, use, or occupy any building,
land or structure contrary to any development permit or the material furnished in
support of the application.
BUILDING PERMITS
PERMITS ISSUED PRIOR TO BY-LAW:
14.
Unless otherwise provided for herein, building permits issued prior to the
effective date of this By-law shall be considered valid for the purpose of this By-
law provided all the conditions under which the permit was issued are complied
with.
NON-COMFORMITY
GENERAL PROVISIONS:
15.
(1)
A non-conforming use and a non-conforming building, structure, land
or sign shall be regulated in accordance with and subject to the provisions of the
Act, unless otherwise provided for herein.
STRUCTURAL ALTERATIONS:
15.
(2)
Pursuant to Section 50(4) of the Act, a structural alterations may be
made to a building or structure while a non-conforming use thereof is continued
or while the building or structure while a non-conforming use thereof is contained
or while the building or structure does not conform to the provisions of this By-
law or amendments thereof, provided that the said alteration conforms to the
requirements of this By-law, or where such requirements may be varied by a
variation order.
"Non-conforming uses" means any lawful use of a building, structure or land, or
portion thereto, which does not conform to one or more of the applicable use
regulations of the zone in which it is located, either on the effective date of this
By-law or amendments.
REPAIR OR REBUILDING:
15.
(3)
Pursuant to Section 50(5) of the Act, where Council determines that a
33
non-conforming building or structure is damaged or destroyed more than (50%)
percent of its replacement value above its foundation, the said building or
structure shall not be repaired or rebuilt except in conformance with this By-law
or its amendments.
A "non-conforming building or structure" means any lawful building or structure
which does not comply with one or more of the applicable bulk regulations in the
zone on the effective date of this By-law or amendments thereto.
NON-CONFORMING SITE:
15.
(4)
No building or structure may be erected on a non-conforming site unless:
(a)
all the required yards, as set forth in this zoning By-law for the zone in
which the land is located, are met; or
(b)
a Variation Order for such yard requirements, which are not being met, is
obtained.
A "non-conforming site" means any lawful site which does not comply with the site area,
site width or site depth on the effective date of this By-law, or amendments thereto, and
was on record in the Land Titles Office and in separate ownership prior to the effective
date of this By-law, or amendments thereto, and did not form part of a larger contiguous
holding in the same ownership.
NON-CONFORMING SIGNS:
15.
(5)
A non-conforming sign shall be subject to all the provisions of this
PART 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 provided that such
structural alteration does not result in:
(i)
the creation of a new non-conformity or an increase in the degree
of "non-conformity"; or
(ii)
an increase in the sign surface area; or
(iii)
an increase in the degree of illumination.
CERTIFICATES AND FEES:
15.
(6)
Any fees made to the Development Officer for the issuance of a
34
certificate in accordance with Section 48(3) of the Act shall be determined by Council.
INTERPRETATION AND APPLICATION
MINIMUM REQUIREMENTS TO APPLY:
16.
(1)
In their interpretation and application, the provisions of this By-law
shall be held to be the minimum requirements to satisfy the intent and purpose as
set forth herein.
RELATION TO OTHER BY-LAWS:
16.
(2)
Whenever provisions of any By-law of the Town of Teulon or any
other requirements of the Provincial or Federal Government impose overlapping
regulations or requirements over the use of land or buildings or bulk requirements
or contain any restrictions covering any of the same subject matter contained
herein, the most restrictive or highest standard shall govern.
PREVIOUS VIOLATIONS:
16.
(3)
Unless otherwise provided for herein, an existing building, structure or
use which was illegal under the provisions of any planning scheme or zoning by-
law 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; and to
the extent that, and in any manner that, said illegal buildings, structure or use is in
conflict with the requirements of this By-law, said building, structure or use
remains illegal hereunder.
SITE AND YARD REDUCTIONS:
16.
(4)
A site area, site width or site depth or required yard reduced below
the minimum requirements of this By-law by virtue of a public works, street or
public utility shall be deemed to conform to the requirements of this By-law.
VARIATION ORDER OR SPECIAL EXCEPTION PRIOR TO BY-LAW:
16.
(5)
A building or structure or use established by a variation order, or
special exception prior to the coming into force of this By-law shall be subject to
the provisions of the variation order or special exception.
"A", "O", "R", "C" OR "M" ZONES:
16.
(6)
Whenever the terms "A" Zone, "R" Zone, "C" Zone, "M" Zone or
"O" Zone are used, they shall be deemed to refer to all Zones containing the same
letter in their names.
35
ENFORCEMENT:
17.
The enforcement of this By-law, or any resolution or Order enacted by the
Council or the Board under the Act or any regulation made thereunder shall be in
accordance with the Act.
DUTIES OF THE OWNER
RESPONSIBILITIES:
18.
(1)
Neither the granting of a development permit nor the approval of
the drawing and specifications nor the inspections made by the Development
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 Town of
Teulon.
PERMITS REQUIRED:
18.
(2)
Every owner shall:
(a)
Permit the Development Officer or any other duly appointed officer of the
municipality to enter any building or premises at any reasonable time for
the purpose of administering or enforcing this By-law and shall not
molest, obstruct or interfere with the said Officer in the discharge of his
duties under this By-law;
(b)
After the development application has been approved and the permit
issued, obtain the written approval of the Development Officer before
doing any work at variance with the approved documents filed;
(c)
Be responsible for obtaining, where applicable, from the appropriate
authorities, permits or licenses relating to the building, grades, sewers or
water supply systems, plumbing, signs, blasting, street, occupancy,
electrical, highways, and all other permits required in connection with the
proposed work; and
(d)
Permits are required from the Highway Traffic Board for any new,
modified or relocated access (including the change in use of an existing
access) to PTH 7 and 17 and for any structures / construction within
control areas of these highways. Permits are also required from Manitoba
Transportation and Government Services for any new modified or
relocated access to PR 415. The Town of Teulon is responsible for
structure setbacks adjacent to PR 415 within the town boundary.
FEE SCHEDULE:
FEES:
19.
(1)
The District Board shall by By-law establish a fee schedule for
zoning memorandum, development permits and other appropriate
documents.
(2)
The District Board shall by By-law establish a fee schedule for
zoning amendments, conditional use orders and variation orders.
36
PART III - ZONES
PAGE NO.
1.
Zones
37
2.
Zoning Map
37
(1)
Dimensions and Scale
37
(2)
Registered Plans
37
(3)
Abbreviations
37
(4)
Interpretation of Zone Boundaries
38
37
PART III - ZONING
ZONES
1.
In order to carry out the intent and purpose set forth in this By-law, the following
zones are hereby established in the Area:
(a)
"AR" Agricultural Restricted Zone
(b)
"OR" Open Space and Recreational Zone
(c)
"RA" Residential Suburban Zone
(d)
"RG" Residential General Zone
(e)
"RS" Residential Single-Family Zone
(f)
"RM" Residential Multiple-Family Zone
(f)
"RMH" Residential Mobile Home Zone
(g)
"CG" Commercial General Zone
(h)
"CH" Commercial Highway Zone
(i)
"MG" Industrial General Zone
ZONING MAPS
2.
The location and the boundaries of the Zones listed in Section 1 above are shown
upon the Zoning Map attached hereto, marked as Appendix "A" to this By-law.
Said Zoning Map forms 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, lane or public utility right-of-way closing, as
provided in subsection (4) of Section 2 of this Part, shall be as much a part of this
By-law as if the matters and information set forth by the said Zoning Map were
fully described herein.
DIMENSIONS AND SCALE:
2.
(1)
The zoning map is drawn to 1:5000 scale. The dimensions, where
shown on the zoning map, are given in feet.
REGISTERED PLANS:
2.
(2)
All plan references on the Zoning Map pertain to registered plans filed
in the Winnipeg Land Titles Office.
ABBREVIATIONS:
2.
(3)
The abbreviations noted on the Zoning Map mean the following:
(a)
"Blk." means Block;
38
(b)
"Gov't. Rd. All'ce." Means Government Road Allowance;
(c)
'Pcl." means Parcel;
(d)
"Pt." means Part;
(e)
"Rge." means Range;
(f)
"Sec." means Section;
(g)
"Twp." means Township;
(h)
"E.P.M. means East of the Principal Meridian;
(i)
"P.R." means Provincial Road; and
(j)
"P.T.H." means Provincial Trunk Highway
INTERPREATATION OF ZONE BOUNDARIES:
2.
(4)
In the interpretation of the boundaries of the zones as shown on
the Zoning Map the following rules shall apply:
(a)
Heavy broken lines represent zone boundaries. Where the zone boundary
is broken by the name of a street, it shall be construed that the boundary
continues through the name of the street;
(b)
Notwithstanding that streets, lanes and public utility rights-of-way may be
within zone boundaries, the regulations contained in this By-law shall not
be deemed to be applicable to said streets, lanes and public utility rights-of
way;
(c)
Boundaries indicated as following the centreline of streets, highways or
lanes shall be construed as following such centrelines;
(d)
Boundaries indicated as following lot, site or property holding lines on a
registered plan shall be construed as following such lot, site or property
holding lines;
(e)
Boundaries indicated as following the limits of an incorporated
municipality shall be construed as following the limits of said
municipality;
(f)
Boundaries indicated as following the centreline of railway lines or
railway lines or railway rights-of-way or public utility lines or rights-of-
way shall be construed to be midway between the main tracks or the
centre of the right-of-way, as the case may be; and
(g)
If a street, or lane or Government Road Allowance shown on the Zoning
Map is lawfully closed, the land formerly comprising the street or lane or
Government Road Allowance shall be included within the zone of the
adjoining land provided that if the said street, or lane or Government Road
Allowance was a zone boundary shall be the former centreline of the
closed street, or lane or Government Road Allowance.
39
PART IV - GENERAL REGULATIONS
PAGE NO.
1.
Regulations
41
2.
Conformance and Permits Required
41
3.
Buildings Under Construction
41
4.
Temporary Buildings and Uses
41
5.
Accessory Buildings and Uses
42
(1) Accessory Buildings and Uses
42
(2) Accessory Building Regulations
6.
Projections into Yards
42
7.
Area and Yard Requirements
43
8.
Side Yard Exceptions
44
9.
Site Reduced by Public Utility, Service or Street
44
10.
Connecting to Municipal Services
44
11.
Public Monuments and Statuary
44
12.
Height Exceptions
44
13.
Street, Lane or Road
44
(1)
Frontage
44
(2)
Future Road Allowance Deemed Existing
44
14.
Sign Regulations
45
(1)
Intent
45
(2)
Regulations
45
15.
Exemptions from Sign Regulations
46
16.
Only One Main Building or Use on a site
46
17.
Multiple Uses
47
18.
Buildings to be Moved
47
19.
Noxious or Offensive Uses
47
40
PART IV - GENERAL REGULATIONS (cont'd)
PAGE NO.
20.
Change of Use, Alteration and Additions to Building
47
21.
Public Utilities and Services
47
22.
Building Grade
47
23.
Development on Zoning Site Only
48
24.
Land Unsuitable for Development
48
25.
Parking Areas
48
26.
Secondary Suites
51
27.
Portable Storage Units
51
41
PART IV - GENERAL REGULATIONS
REGULATIONS
1.
The following regulations shall apply to all zones except wherein otherwise noted.
CONFORMANCE AND PERMITS REQUIRED
2.
No building or structure shall be erected, reconstructed, structurally altered, enlarged or
moved, nor shall any building, structure or land be used for any use other than is
permitted in the zone in which such building, structure or land is located and then only
after applying for and securing all development permits, building permits, other permits
and licenses required by all laws and by-laws in effect within the municipality.
BUILDING UNDER CONSTRUCTION
3.
Any building or structure or portion thereof for which a necessary permit has been issued
but which has not been completed or is not in full operation at the date when this zoning
by-law becomes effective, and which is not designed for a use permitted in the zone in
which it is located or is proposed to be located, may be completed and operated for the
non-conforming use for which it was designed if it comes into full operation within one
year of the said date and shall, together with the site on which the same is situated and the
use to which the same and the said site are put, be subject to all the provisions of Section
50 to 52 of The Planning Act.
TEMPORARY BUILDINGS AND USES
4.
A construction camp or other such temporary work camp and/or other temporary
buildings and structures used for the storage of construction materials or equipment, both
incidental and necessary to development on the same zoning site may be permitted on a
temporary basis subject to the issuance of a development permit under the following
conditions:
(a)
A development permit for a temporary building, structure or use shall be subject
to such terms and conditions as required by Council or the Development Officer;
and
(b)
Each development permit issued for a temporary building, structure or use shall
be valid for a period of not more than twelve (12) months and may not be
renewed for more than two (2) successive periods at the same location.
42
ACCESSORY BUILDINGS AND USES
ACCESSORY BUILDINGS AND USES:
5.
(1)
Where this By-law provides that any premises may be used or a
building or structure may be erected or used for a purpose, the purpose includes
any building or use accessory thereof.
ACCESSORY BUILDINGS REGULATIONS:
5.
(2)
Accessory buildings, except as otherwise permitted in the By-law, shall
be subject to the following regulations:
(a)
Where the accessory building is structurally attached to a main building, it
shall be subject to, and must conform to, all regulations of this By-law
applicable to the main building;
(b)
Accessory buildings shall not be erected in any required yard, except a
rear, a side yard;
(c)
No detached accessory building shall be located closer than six (6) feet to
any main building measured from any projection nor shall it be located
closer than two (2) feet, measured from eaves projection, to any site line.
(d)
No accessory building shall be erected prior to the erection of the main
building except where it is necessary for the storage of the tools and
materials for use during construction of the main building; or prior to the
establishment of the principal use of the site where no principal building
or structure is required.
PROJECTIONS INTO YARDS
6. Except as herein provided, every part of a required yard shall be open and unobstructed from
the ground to the sky, save for trees, shrubs, gardens, fences and driveway:
(a)
Eaves, chimneys, cornices and ornamental or decorative features may extend or
project into a required side yard not more than five (5) inches for each one (1)
foot of width of such side yards provided the width of such side yard is not
reduced to less than three (3) feet; and may extend or project into a required front
yard or rear yard not more than three (3) feet;
(b)
An open, unenclosed and uncovered porch or paved terrace may project into a
required front or rear yard for a distance not exceeding six (6) feet, but this shall
not be interpreted to include or permit fixed canopies;
43
(c)
An open, unenclosed stairway or balcony, not covered by a roof or canopy, may
project into a required rear yard not more than four (4) feet, and such balconies
may extend into the required front yard more than three (3) feet;
(d)
Fences, hedges and landscape features are permitted in all required yards subject
to the following height restrictions:
(j)
in all industrial zones the height shall not exceed 8 feet in any front yard
and 12 feet in any side yard or rear yards, unless a greater height required
by a conditional use permit or a development agreement; and
(ii)
in all other zones the height shall not exceed 3 1/2 feet in any front yard
and 6 feet in any side or rear yards, unless a greater height required by a
conditional use permit or a development permit;
(e)
An open, unenclosed and uncovered porch, a paved terrace or a deck may project
into a required side yard provided that the required side yard is not reduced to less
than three (3) feet; and
(f)
Historical plaques or markers authorized by council are permitted in any required
yard.
AREA AND YARD REQUIREMENTS
7.
Except as herein provided, the following regulations shall apply in all zones
to ensure adequate site and yard requirements:
(a)
When site and yard requirements cannot reasonably be complied with,
as in the case of a planned unit development or where their application cannot be
determined on sites of a peculiar shape, topography or due to design or
determined by Council through a Variation Order pursuant to the provisions of
The Planning Act;
(b)
No building shall be added to, or reconstructed, and no site shall
be reduced in area, width and depth if such addition, reconstruction, reduction or
alterations will cause the violation of any provisions of this By-law;
(c)
Yards and site area, width and depth provided for a building or structure existing
on the effective date of this By-law or amendments thereto, shall not be reduced,
if already less than the minimum requirements of this By-law; and
(d)
No yard or other open space around an existing building which is hereafter
provided around any building for the purpose of complying with the provisions of
this By-law, shall be considered as providing a yard or open space for any other
building; nor any yard or other required open space on any adjoining site be
44
considered as providing a yard or open space on a site whereon a building is to be
erected.
SIDE YARD EXCEPTIONS
8.
For the purpose of side yard regulations, the following dwellings with common party
walls shall be considered as one (1) building occupying one (1) site: duplex, triplex and
four-plex dwellings, row or townhouses, and multiple-family dwellings.
SITE REDUCED BY PUBLIC UTILITY, SERVICE OR STREET
9.
A site area or site width or required yard reduced below the minimum requirements of
this By-law by virtue of a public works, street or public utility shall be deemed to
conform to the requirements of this By-law.
CONNECTING TO MUNICIPAL SERVICES
10.
All principal buildings constructed on a site served by public or private sewer, water or
hydro distribution shall be connected to such services.
PUBLIC MONUMENTS AND STATUARY
11.
Nothing in this By-law shall be so interpreted as to interfere with the maintenance or
erection of monuments, statuary, and similar structures.
HEIGHT EXCEPTIONS
12.
The provisions of this By-law shall not apply to limit the height of any ornamental dome,
chimney, tower, electrical or telephone, transmission line, television or radio mast,
steeple, water storage tank, electrical apparatus or the mechanical operations of a
building.
STREET, LANE OR ROAD
FRONTAGE:
13.
(1)
All developments shall be on sites having frontage on an all-weather street.
FUTURE ROAD ALLOWANCE DEEMED EXISITING:
13.
(2)
No building or structure shall be erected upon any land required by
The Town of Teulon or any other Federal or Provincial government agency and
which has been designated for a future road allowance. Any development adjacent
to said future road allowance shall comply with the requirements of the By-laws
as if the said future road allowance was already in existence.
45
SIGN REGULATIONS
INTENT:
14.
(1)
The regulations of this section are intended and designed to establish
a minimum control of signs. Such control is deemed essential to promote the
health, safety, and general welfare by reducing hazards to pedestrian and
vehicular traffic, by preventing unsightly and detrimental development having a
blighting influence upon residential, business and industrial uses, by preventing
signs from reaching such excessive size that they obscure one another to the
detriment of all parties and by securing certain fundamentals of design for the
community.
REGULATIONS:
14.
(2)
The following shall apply in all Zones except wherein otherwise stated:
(a)
No sign or sign structure shall be erected at any location where
it may interfere with, obstruct the view of, or be confused with any
authorized traffic sign, signal or device. No rotating beam, beacon or
flashing illumination resembling an emergency light shall be used in
connection with any sign display. Where signs are placed within the
control areas adjacent to Provincial Trunk Highways 7 and 17, a Highway
Traffic Board permit is required;
(b)
No sign or sign structure shall be located in such a manner as
to materially impede the view of any street or highway intersection; or in
such a manner as to materially impede the view of the intersection of a
street or highway with a railroad grade crossing;
(c)
All signs and sign structures shall be kept in repair and in proper state of
preservation. Signs which have become obsolete because of
discontinuance of the business service or activity shall be removed or
relocated within thirty (30) days following such condition;
(d)
Advertising signs may be permitted in any Zones, except in any residential
zone, as provided herein in this By-law. Where permitted, there shall be
not more than one (1) illuminated or non-illuminated sign having an area
not exceeding one (1) square foot for each ten (10) feet of frontage with a
maximum of one hundred (100) square feet. Where a sign has two or more
faces, the area of all faces shall be included in determining the area of the
sign, except where two such faces are placed back to back and are at no
point more than two (2) feet from one another;
(e)
No flashing signs shall be permitted in any zone without the approval of
the Council, except in Commercial Zones. In any event, no flashing sign
shall be permitted within the control area of a provincial highway or
within three hundred (300) feet of any residential zone; and
46
(f)
It is unlawful to erect or maintain any sign on, over or above any land or
right-of-way belonging to the town except with prior agreement of the
council.
EXEMPTION FROM SIGN REGULATIONS
15.
The following signs shall not be subject to the provisions of this
By-law, except wherein otherwise noted:
(a)
Signs posted by duly constituted public authorities in the performance of their
public duties;
(b)
Flags or emblems of a political, civic, educational or religious organization;
(c)
Temporary signs may be authorized by Council for not more than two months at a
time by written permit which shall show the size, shape, content, height, type of
construction and location of such signs;
(d)
"No Trespassing" signs not exceeding three (3) square feet;
(e)
Construction signs when placed on construction sites and not exceeding thirty-two
(32) square feet;
(f)
Signs required for direction and convenience of the public, including signs which
identify rest rooms or parking entrance or exist, not exceeding five (5) square feet
in area;
(g)
Real estate signs not exceeding five (5) square feet in sign area in residential
zones and sixteen (16) square feet in other zones, which advertise the sale, rental
or lease of the premises; and
(h)
Awnings with signage originally incorporated in the design of the awning
material.
(i)
Historical plaques or markers authorized by council
ONLY ONE MAIN USE ON A SITE
16. There shall be only one main use on a site except wherein otherwise stated.
47
MULTIPLE USES
1.
Where any land or building is used for more than one purpose, all provisions
of this By-law relating to each use shall be satisfied. Where there is conflict such as in
the case of site area and frontage, the higher or more stringent standard shall prevail,
except otherwise approved by the Council.
BUILDINGS TO BE MOVED
2.
No building or structure shall be moved or relocated in whole or in part to
any other location from within or from outside the Town of Teulon unless every portion
of the building or structure is made to conform to all the regulations of this By-law
applying to the zone in which it is located.
NOXIOUS OR OFFENSIVE USES
3.
Except wherein otherwise provided in this By-law no use shall be permitted
in any zone which may be noxious or offensive by reason of the emission or production
of odour, dust, refuse matter, wastes, vapor, gas, smoke, vibration or noise. This shall not
be interpreted as to prohibit those Conditional Uses specifically permitted in a zone.
CHANGE OF USE, ALTERATION AND ADDITIONS TO BUILDING
4.
The purpose for which any land or building is used shall not be changed, no
new building shall be erected and no existing building shall be added to or altered, if the
effect of such change, erection, addition or alteration is to create a situation contrary to
the requirements of this By-law, unless permitted by a variation order in accordance with
the provisions of the Act.
PUBLIC UTILITIES AND SERVICES
5.
Nothing in this By-law shall be so interpreted as to interfere with the
construction, maintenance and operation of the facilities of any public utility, as defined
by this By-law, or public service such as police and fire protection, postal or telephone
service provided that the requirements of such public utility or public service is of a
standard compatible with the adjacent area. Notwithstanding the generality of the
foregoing, transformer boxes may be permitted in any zone.
BUILDING GRADE
6.
It shall be the continuing obligation of the property owner to establish
and maintain building grades for adequate site drainage and to ensure that the level of the
surrounding fill at the building line shall not be less than the flood protection level.
Notwithstanding this, where lot grades are available no building or structure shall be
erected without first obtaining from the development officer written instructions as to the
grade for a building or structure to be erected.
48
DEVELOPMENT ON ZONING SITE ONLY
7.
No development permit shall be issued for the purpose of carrying out
the construction or erection or the placing of any building unless:
(a)
The development is to be designed, intended or located on a zoning site
as defined in this By-law; or
(b)
A variation order has been obtained in accordance with the provisions of The
Planning Act.
LAND UNSUITABLE FOR DEVELOPMENT
8.
Notwithstanding the provisions contained in this By-law, Council may
prohibit the development of land for a use permitted in this By-law if Council is of the
opinion that the land is subject to erosion, flooding, or subsidence, or is low lying,
marshy or unstable, or otherwise unsuitable or hazardous for the proposed purpose by
virtue of its soil, topography or unique conditions.
PARKING AREAS
25. (1) The following regulations shall apply to all parking areas as required by this
By- law:
(a)
The area shall be drained and maintained with a stable surface which
is treated so as to prevent the rising of dust or loose particles; it may be
constructed of crushed stone, slag, gravel, concrete, asphalt or other approved
material;
(b)
Where parking areas are provided in any commercial, industrial or open space and
recreational zone and lighting facilities are provided, such lights shall be so
shielded and directed as to reflect away from any adjoining residential area.
Where parking areas are provided in any residential zone and lighting facilities
are provided, such lights shall be so adjoining residential property;
(c)
Where a parking area is situated along a site line which coincides with the
boundary of residential zone and is not separated therefrom by any street, lane or
watercourse, a buffer of a design acceptable to the Council shall be provided;
(d)
No building shall be erected except one non-habitable accessory shelter for
attendants; and
(e)
No sign shall be erected except, (i) signs for the direction of traffic within the
parking area, and (ii) directional signs of not more than twenty (20) square feet in
area at each point of entrance and exit. Such signs may bear the name of the
business if the parking area is connected thereto.
49
(2)
The layout and design of the accessory off-street parking area shall be as
follows:
(a)
The layout and design of the accessory off-street parking area shall be in
accordance with TABLE IV-I "MINIMUM PARKING SPACE
REQUIREMENTS" of this PART;
(b)
The length of each parking space as specified in TABLE IV-I shall be exclusive
of access driveways, aisles, ramps and columns, and office or work areas;
(c)
For a parking area where the angle of parking varies from that set forth in TABLE
IV-I of this PART, the following shall apply:
MINIMUM SIZE
OF PARKING AREA
MINIMUM AISLE
WIDTH
ANGLE OF PARKING
9 feet x 20 feet
20 feet
18 feet
12 feet
75 to 90 degrees
50 to 74 degrees
less than 50 degrees
(d)
Where access to a parking space is directly from a lane, the width of the lane
adjacent to said parking space may be computed as part of the aisle width required
for said parking space;
(e)
The angle of parking shall be measured between the centre-line of the parking
space and the centreline of the aisle;
(f)
The off-street parking area shall be provided with an access drive with a
minimum width of ten (10) feet, to a street or lane; and
(g)
Except as provided for in paragraph (d), an aisle or driveway shall not mean a
street or lane.
50
51
SECONDARY SUITES (BL 6/2018)
26.
Secondary suites may be permitted as a conditional accessory use to single family dwellings and
are subject to the following:
a)
Secondary suites must comply with the requirements of the National Building Code and
Manitoba amendments;
b)
Not more than one (1) secondary suite may be permitted on a single-family residential
zoning site, either within the principal dwelling, or as an addition to a principal dwelling.
Detached secondary suites (e.g., garden suites, etc.) or secondary suites above an
already existing or new accessory building, such as a garage, are not permitted;
c)
Secondary suites are not permitted within or as an addition to a mobile home, two-family
dwellings, or multiple-family dwellings;
d)
For dwellings that contain a secondary suite, only one (1) street-facing entrance is
permitted, unless the dwelling contained an additional street-facing entrance prior to the
creation of the secondary suite;
e)
Parking for secondary suites must adhere to the "Part VII - Residential Zones" of this By-
law, and must be in addition to the parking requirements of the principal dwelling unit;
f)
Secondary suites located within or in addition to the principal dwelling shall be no larger
than forty (40) percent of the total gross floor area of the dwelling unit prior to
construction of the secondary suite, or 65 m2 (700 ft2), whichever is less;
g)
No secondary suite shall have a floor area less than 32.5 m2 (350 ft2).
PORTABLE STORAGE UNITS (BL 5/2021)
27.
Portable storage units including sea-cans, rail cars, semi-trailers or similar containers as
determined by the Designated Officer, either for accessory or temporary use, shall comply with
the following regulations:
a)
Portable storage units are only permitted in the "MG" Industrial General and "CH"
Commercial Highway Zones;
b)
A maximum of four (4) portable storage units shall be allowed on any zoning site where
such use is permitted;
c)
No portable storage unit shall be stacked on top of another;
d)
If intended to be used for less than 12 months, a portable storage unit:
i. shall be classified as a Temporary Use and shall comply with Section 4 of this Part;
and
ii. shall not be permitted in any required front yard.
e)
If used for longer than a 12-month period, a portable storage unit:
i. shall be classified as an Accessory Use and shall comply with this Section;
ii. shall not be permitted in any required front yard;
iii. shall be placed on a secure and level foundation as determined by the Designated
Officer; and
iv. shall be painted to match the colour of the principal building with no business
identification signs as determined by the Designated Officer.
f)
Notwithstanding clause (a) of this Section, a portable storage unit may be allowed on any
zoning site in any Residential Zone as a Temporary Use and shall comply with Section 4
of this Part.
52
PART V - AGRICULTURAL ZONE
PAGE NO.
1.
Intent and Purpose
53
2.
Zones
53
3.
General Provisions
53
4.
Use Regulations
53
(1)
Agricultural Use Table
53
(2)
Exceptions
53
(3)
Conditional Use
54
(4)
Accessory uses, buildings and structures
55
5.
Bulk Requirements
55
6.
Signs
56
53
PART V - AGRICULTURAL ZONE
INTENT AND PURPOSE
1.
The Agricultural Zone established in this By-law is intended to provide a holding zone
function which provides for rural-agricultural activities where the uses and intensity of
uses may be limited in order to avoid land use conflicts and to preserve those lands where
urban expansion is proposed to take place in accordance with the Development Plan.
ZONES
2.
In order to carry out the intent and purpose of section 1 above, there is hereby established
the following zone:
"AR" Agricultural Restricted Zone
GENERAL PROVISIONS
3.
The provisions applying to the Agricultural Restricted Zone is contained within this zone
are the provisions of PART III - "ZONES", PART IV "GENERAL REGULATIONS"
and "GENERAL REGULATIONS" and APPENDIX "A"
USE REGULATION
RURAL USE TABLE:
4.
(1)
TABLE V - I, "AGRICULTURE USE TABLE", lists all uses that are:
(a)
"P", Permitted;
(b)
"C", Conditional; and
(c)
"-", Use Not Permitted
in the Agricultural Restricted Zone. All listed uses are subject to the provisions
contained herein.
EXCEPTIONS:
4.
(2)
No land shall be used or occupied and no building or structure shall
be erected, altered, relocated, used or occupied herein- after for any use in the
Agricultural Restricted Zone in which such land, building or structure is located
other than a use exception of uses lawfully established prior to the effective date
of this By-law.
54
TABLE V- I
AGRICULTURAL USE TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"AR"
ACCESSORY USES, BUILDINGS AND STRUCTURES
1. Accessory buildings, uses and structures (see Section 4(4) of this
PART) except a dwelling unit
2. Accessory dwelling or dwelling unit
P
C
AGRICULTURE
1. Field, forage and special crop production
2. Market or truck gardening
3. Nurseries, greenhouses and tree farming
4. Other agricultural activities, which in the opinion of Council, are not
obnoxious or detrimental to the public health and welfare and are readily
identifiable as being agricultural
5. Livestock production operations
P
P
P
P
-
OTHER USES
1. Open space recreation, parks, playgrounds, public reserves and buffer strips
2. Public utilities and public works
3. Radio and communications facilities
4. Advertising Signs (See Section 6 of this PART)
5. Keeping of horses (for private recreational purposes only)
6. Single-family dwellings
P
P
C
C
C
P
CONDITIONAL USE:
4.
(3)
Any use listed as a "CONDITIONAL USE" in TABLE V - I shall
comply with the regulations as set forth in Section 9 of PART
II - "ADMINISTRATION".
55
ACCESSORY USES, BUILDINGS AND STRUCTURES:
4.
(4)
In the Agricultural Restricted Zone, accessory uses, buildings
and structures shall include, but is not limited to, the following:
(a)
Non-habitable building or structures for the operation and maintenance of
an agricultural, recreational and public utility or works activity;
(b)
Storage of goods used in or produced by agricultural activities on the same
site with such activities, unless such storage is excluded by the regulations
of this By-law or other provincial regulations;
(c)
A private garage, carport, covered patio, toolhouse, shed, and other similar
buildings for the storage of domestic equipment and supplies on the same
site with an approved accessory dwelling or dwelling unit;
(d)
Incinerators and individual sewage disposal systems, subject to the
authority having jurisdiction;
(e)
Home Occupations as regulated in Section 8 of PART VII; and
(f)
Signs as regulated in Section 6 of this PART.
BULK REQUIREMENTS
5.
The bulk requirements shall be as set forth in TABLE V - II,
AGRICULTURAL BULK TABLE.
56
TABLE V - II
AGRICULTURAL BULK TABLE
PERMITTED
OR
CONDITIONAL
USES
ZONE
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq. ft.)
Site
Width
(ft.)
(a)
Front
Yard
(ft.)
(a)
Side
Yard
(ft.)
(a)
Rear
Yard
(ft.)
Dwelling
Unit
Area
(sq. ft.)
Distance
To other
Bldgs.
(ft.)
Height
(ft.)
Site
Cover.
(%)
Agricultural
Activities, Single-
Family Dwelling
AR
40
600
25
15
25
-
10
35
-
Other "AR' Zone
Uses
AR
2
200
25
15
25
800
10
35
50
Accessory
Buildings
and Structures
and uses
AR
(b)
(b)
25
15
10
-
10
20
10
Explanations and Exceptions to the Bulk Requirements in Table V - II are as follows:
(a)
Buildings and structures adjacent to Provincial Trunk Highways shall have
setbacks in accordance with the requirements of The Highway Protection Act and
The Highways and Transportation Department Act as amended from time to time.
Permits are required from the Highway Traffic Board or Manitoba Transportation
and Government Services for any new, modified or relocated access (including
change in use of an existing access to Provincial Trunk Highway) to a Provincial
Trunk Highway or Provincial Road.
(b)
Requirement is not applicable.
SIGNS
6.
The following signs shall be permitted in the Agricultural Restricted Zone:
(a)
No more than two (2) lighted or unlighted identification signs, each not
exceeding twenty-five (25) square feet in sign surface area shall be permitted for
any building or use permitted in the Agricultural Restricted Zone;
(b)
Bulletin Boards not greater than one hundred (100) square feet in sign surface
area and located not closer than ten (10) feet to any site line where a yard is
required; and
(c)
Advertising signs as regulated in Section 14(2) of Part IV.
(d)
Other signs as shown on Table V-III.
57
TABLE V-III
SIGN REQUIREMENTS
Type of Sign
Maximum
sign
Surface
Area
Maximum
Sign
Height
Location
Council
Permission
Development
Permit
Free standing
a) Advertising
100 square
feet
30 feet
1 ft. from
site line
Conditional
Use
Yes
b) Bulletin Board
100 square
feet
15 feet
10 ft. from
site line
Not required
Yes
c) Identification
25 square
feet
30 feet
1 ft. from
site line
Not required
Yes
d) Business
Identification
50 square
feet
30 feet
1 ft. from
site line
Not required
Yes
e) Construction
32 square
feet
8 feet
1 ft. from
site line
Not required
No
f) Real Estate
32 square
feet
8 feet
1 ft. from
site line
Not required
No
g) Directional
5 square
feet
8 feet
1 ft. from
site line
Not required
No
h) Mobile Sign
64 square
feet
8 feet
1 ft. from
site line
Permission
Required
Yes
58
PART VI - OPEN SPACE AND RECREATIONAL ZONE
PAGE NO.
1. Intent and Purpose
59
2. Zones
59
3. General Provisions
59
4. Use Regulations
59
(1)
Open Space and Recreational Use Table
60
(2)
Exceptions
61
(3)
Conditional Use
61
(4)
Accessory Uses, Buildings and Structures
61
5. Bulk Requirements
61
6. Signs
63
7. Parking
64
59
PART VI - OPEN SPACE AND RECREATIONAL ZONE
INTENT AND PURPOSE
1.
The Open Space and Recreational Zone established in this By-law are intended to
provide sufficient land in suitable locations to accommodate governmental, educational,
institutional and recreational uses in keeping with the provisions of the Development
Plan.
ZONES
2.
In order to carry out the intent and purpose of section 1 above, there is
hereby established the following zone:
"OR" Open Space and Recreational Zone
GENERAL PROVISIONS
3.
The provisions applying to the Open Space and Recreational Zone are contained within
this part. Also applying to this zone are the provisions of Part I - "DEFINITIONS",
PART II - "ADMINISTRATION", PART III - "ZONES", PART IV - "GENERAL
REGULATIONS" and APPENDEX "A".
USE REGULATIONS
INSTITUTIONAL, OPEN SPACE AND RECREATIONAL USE TABLE:
4.
(1)
TABLE VI-I, "OPEN SPACE AND RECREATIONAL USE
TABLE", lists all uses that are:
(a)
"P", Permitted;
(b)
"C", Conditional; and
(c)
"-", Use Not Permitted
in the Open Space and Recreational Zone. All listed uses are subject to the
provisions contained herein.
60
TABLE VI-I
OPEN SPACE AND RECREATIONAL BULK TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"OR"
ACCESSORY USES, BUILDINGS AND STRUCTURES
1. Accessory Uses, buildings and structures (see Section 4. (4) of this PART)
P
ASSEMBLY PLACES
1. Churches, church halls
2. Community centres, halls, auditoriums, cultural centres
P
P
EDUCATIONAL
1. Libraries and museums
2. Schools; public, private or parochial
P
P
GOVERNMENTAL
1. Public buildings and offices
2. Public monuments
3. Public parking areas
4. Public utilities and works
P
P
P
P
HEALTH
1. Hospitals and Sanataria
2. Personal care homes, senior citizen homes
3. Residential care facilities
P
P
P
RECREATION
1. Arenas and stadiums, ice skating or roller skating
Facilities, hockey or curling rinks
2. Athletic fields and tracks
3. Camping and tenting grounds, picnic areas
4. Conservation area
5. Exhibition and fairgrounds
6. Golf courses
7. Parks, playgrounds and similar uses
8. Public reserves, walkways, buffer strips
9. Shooting and archery clubs or facilities
10. Swimming or wading pools
P
P
P
P
P
P
P
P
C
P
OTHER USES
1. Cemeteries
2. Child Care Services
3. Advertising Signs (Also See Section 14(2)(d) of PART IV)
4. A dwelling for a caretaker or operator whose presence on the site is
deemed necessary by council
C
P
C
C
61
EXCEPTIONS
4.
(2)
No land shall be used or occupied and no building or structure shall be
erected, altered, relocated, used or occupied hereinafter for any use in the Open
Space and Recreational Zone in which such land building or structure is located
other than a use listed on TABLE VI-I, "OPEN SPACE AND RECREATIONAL
USE TABLE", with the exceptions of uses lawfully established prior to the
effective date of this By-law.
CONDITIONAL USE:
4.
(3)
Any use listed as a "CONDITIONAL USE" in TABLE VI-I shall comply with
the provisions as set forth in Section 9 of PART II - "ADMINISTRATION".
ACCESSORY USES, BUILDINGS AND STRUCTURES:
4.
(4)
An accessory use, building, or structure shall include, but is not limited to, the
following:
(a)
Buildings or structures for the operation, maintenance, and administration
of a permitted or conditional use;
(b)
Food or refreshment services or stands and retail outlets in conjunction
with a permitted or conditional use;
(c)
Accessory off-street parking and loading areas; and
(d)
Signs as permitted and regulated in section 6 of this PART and as shown
on Table VI-IV of this PART.
BULK REQUIREMENTS
5.
The bulk requirements shall be set forth in TABLE VI - II, OPEN SPACE AND
RECREATIONAL BULK TABLE.
62
TABLE VI- II
OPEN SPACE AND RECREATIONAL BULK TABLE
PERMITTED
OR
CONDITIONAL
USES
ZONE
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq. ft.)
Site
Width
(ft.)
(a)
Front
Yard
(ft.)
(a)
Side
Yard
(ft.)
(a)
Rear
Yard
(ft.)
(a)
Dwelling
Unit
Area
(sq. ft.)
Distance
To other
Bldgs.
(ft.)
Height
(ft.)
Site
Cover.
(%)
Park, Playground
Recreational facilities
And the like
OR
1
acre
200
30
25
25
-
10
45
60
Religious,
Community
And other public
Buildings, personal
Care homes,
residential care
homes, senior
Citizen homes and
the like
OR
10,000
80
30
15
25
800
10
45
60
Hospitals, Sanataria
OR
2
acre
200
30
25
25
_
10
45
60
Swimming pools,
Wading pools
OR
10,000
100
30
15
25
_
10
45
60
Schools, golf courses,
campgrounds,
fairgrounds
OR
5
acre
300
30
15
25
_
10
45
30
Monuments, utilities,
public reserves,
walkways, buffer
strips
OR
½
acre
150
30
25
25
_
10
45
60
Accessory buildings
structures and uses
OR
(b)
(b)
30
15
2
400
10
20
10
63
Explanations and exceptions to the Bulk requirements of Table VI-II as follows:
(a)
Buildings and structures adjacent to Provincial Trunk Highways shall have
setbacks in accordance with the requirements of The Highway Protection Act and
The Highways and Transportation Department Act as amended from time to time.
Permits are required from the Highway Traffic Board or Manitoba Transportation
and Government Services for any new, modified or relocated access (including
change in use of an existing access to Provincial Trunk Highway) to a Provincial
Trunk Highway or Provincial Road.
(b)
Requirement is not applicable.
SIGNS
6. The following signs shall be permitted in the Open Space and Recreational Zone as follows:
(a)
No more than one (1) lighted or unlighted identification sign, not exceeding fifty
square feet in sign surface area and having a maximum height of thirty (30) feet
shall be permitted for any building or use permitted in the Open Space and
Recreational Zone; and
(b)
Bulletin boards not greater than one hundred (100) square feet in sign surface area
and located not closer than ten (10) feet to any site line where a yard is required.
(c)
Other signs as shown on Table VI-III of this PART.
64
TABLE VI -III
SIGN REQUIREMENTS
Type of Sign
Maximum
sign
Surface
Area
Maximum
Sign
Height
Location
Council
Permission
Development
Permit
Free standing
a) Advertising
100 square
feet
30 feet
1 ft. from
site line
Conditional
Use
Yes
b) Bulletin Board
100 square
feet
15 feet
10 ft. from
site line
Not required
Yes
c) Identification
50 square
feet
30 feet
1 ft. from
site line
Not required
Yes
d) Business
Identification
50 square
feet
30 feet
1 ft. from
site line
Not required
Yes
e) Construction
32 square
feet
8 feet
1 ft. from
site line
Not required
No
f) Real Estate
32 square
feet
8 feet
1 ft. from
site line
Not required
No
g) Directional
5 square
feet
8 feet
1 ft. from
site line
Not required
No
h) Mobile Sign
64 square
feet
8 feet
1 ft. from
site line
Permission
Required
Yes
PARKING
7.
(1)
Off-street parking spaces shall be provided on the same site as the main building
or use in accordance with TABLE VI-IV.
65
TABLE VI-IV
PARKING REQUIREMENTS
USE
MINIMUM PARKING SPACES REQUIRED
1. Residential Dwellings
Space for each dwelling unit provided.
2. Religious Building, Halls, Arenas,
Stadiums, Hockey and Curling Rinks
and the like
1 space for each 5 seats provided in the hall.
3. Schools, Hospital, Office and the like
1.25 Spaces (rounded to the nearest whole number)
for each employee.
4. Picnic Areas, Camping and the
Like
1 space for each picnic table or camping site.
5. Other
Spaces as determined by Council.
7.
(2)
Off street parking may be located in any required yard.
66
PART VII - RESIDENTIAL ZONES
PAGE NO.
1. Intent and Purpose
67
2. Zones
67
3. General Provisions
68
4. Use Regulations
68
(1) Residential Use Table
69
(2) Exceptions
70
(3) Conditional Use
70
(4) Accessory Uses, Buildings and Structures
70
5. Bulk Requirements
70
(1) Residential Bulk Table
71
(2) Number of Buildings Permitted Per Site
72
6. Signs
73
7. Parking
73
8. Home Occupations
74
67
PART VII - RESIDENTIAL ZONES
INTENT AND PURPOSE
1.
The Residential Zones established in this By-law are intended to provide sufficient land
for various types of residential development in The Area in keeping with the provisions
of the Development Plan.
ZONES
2.
In order to carry out the intent and purpose of section 1 above there are hereby
established the following zones:
(1)
"RA" Residential Suburban Zone
This zone provides for the development of low density, single-family dwellings
on sites utilizing on-site sewer and water systems.
(2)
"RG" Residential General Zone
This zone provides for the development of single-family dwellings but may also
include limited two-family and multiple-family dwellings on sites serviced by
municipal sewage and/or water systems.
(3)
"RS" Residential Single-Family Zone
This zone provides for the development of single-family detached dwellings on
relatively larger sites than the "RG" Residential General Zone which are serviced
by municipal sewage and / or water systems.
(4)
"RM" Residential Multiple-Family Zone
This zone provides for the development of multiple-family housing at various
densities and may include single and two-family dwelling development, which are
serviced by municipal sewage and /or water systems.
(5)
"RMH" Residential Mobile Home Zone
This zone provides for areas for single-family mobile homes on individual sites
which may be individually owned or within a mobile home park where the spaces
are leased.
68
GENERAL PROVISIONS
3.
The provisions applying to all Residential Zones are contained within this PART. Also
applying to these zones are the provisions of PART I - "DEFINITIONS", PART II -
"ADMINISTRATION", PART III - "ZONES", PART IV - "GENERAL
REGULATIONS" and APPENDIX "A".
USE REGULATIONS
RESIDENTIAL USE TABLE:
4. (1) TABLE VII - I "RESIDENTIAL USE TABLE" lists all uses that are:
(a)
"P", Permitted;
(b)
"C", Conditional; and
(c)
"-", Use Not Permitted
in the Residential Zones. All listed uses are subject to the provisions contained herein.
69
TABLE VII - I
RESIDENTIAL USE TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"RA"
"RG"
"RS"
"RM" "RMH"
RESIDENCES
1. Single-family dwellings
2. Secondary suites contained within a
detached single family dwelling (BL 6/2018)
3. Two-family dwellings including
4. Multiple-family dwelling including
Lotted and unlotted town or row type
dwellings, maisonettes,
Apartments, garden apartments, triplexes,
fourplexes and the like
5. Mobile home, mobile home park
or subdivision
6. Boarding or Rooming Houses
P
C
-
-
-
-
P
C
C
C
MAX.
12
UNITS
-
C
P
C
-
-
-
-
P
-
P
P
-
P
-
-
-
-
P
-
COMMUNITY TYPE USES
1. Childcare services
2. Parks, playgrounds and similar uses
including buffer strips, public reserve
And public walkways and lawn bowling
green
3. Public utilities and services
4. Religious buildings
5. Residential care facilities / Residential
care dwelling
6. Schools, public, private or parochial
P
P
P
P
-
-
C
P
P
P
C
C
C
P
P
P
C
C
C
P
P
P
C
C
C
P
P
-
-
-
OTHER
1. Accessory buildings, uses and structures
(See Section 4(4) of this PART)
2. Planned unit development
3. Signs (See Section 6 of this PART)
4. Home occupations (See Section 8 of this
PART)
5. Bed and Breakfast
6. Galleries, museums and tea rooms
P
-
P
C
C
P
C
P
C
C
P
-
P
C
C
P
C
P
C
C
P
-
P
-
C
70
EXCEPTIONS:
4.
(2) No land shall be used or occupied and no building or structure shall be
erected, altered, relocated, used or occupied here in after for use in any
Residential Zone in which such land, building or structure is located other than
a use listed on TABLE VII-I, "RESIDENTIAL USE TABLE", with the
exception of uses lawfully established prior to the effective date of this By-law.
CONDITIONAL USE:
4.
(3)
Any use listed as a "CONDITIONAL USE" in TABLE VII-I shall comply with
the regulations as set forth in Section 9 of PART II - "ADMINISTRATION".
ACCESSORY USES, BUILDINGS AND STRUCTURES:
4.
(4) In the Residential Zones, accessory uses, buildings, and structures shall
include but is not limited to the following:
(a)
a children's playhouse, garden supply storage house, private greenhouse
and private conservatory;
(b)
a private garage, carport, covered patio, toolhouse, shed and other similar
building;
(c)
accessory off-street parking areas;
(d)
accessory signs as permitted in this PART;
(e)
private swimming pools subject to PART 10 of the Manitoba Building
Code;
(f)
dwelling unit accessory to a religious building; and
(g)
detached classroom portables or storage buildings for a school.
BULK REQUIREMENTS
RESIDENTIAL BULK TABLE:
5.
(1) The Residential bulk requirements shall be as set forth in TABLE VII-II,
RESIDENTIAL BULK TABLE.
71
TABLE VII - II
RESIDENTIAL BULK TABLE
PERMITTED
OR
CONDITIONAL
USES
ZONE
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq. ft.)
or
as
noted
Site
Width
(ft.)
Front
Yard
(ft.)
Side
Yard
(ft.)
(b)
Rear
Yard
(ft.)
Dwelling
Unit
Area
(sq. ft.)
Distance
To other
Bldgs.
(ft.)
Height
(ft.)
Site
Cover
(%)
One-Family Dwelling
RA
RG
RS
3
acres
5,000
6,000
100
(a)
50
(a)
60
(a)
25
(l)(m)
25
(l)(m)
25
(l)(m)
15
(l)(m)
5
(l)(m)
5
(l)(m)
25
25
25
800
800
800
6
6
6
30
30
30
40
40
40
Two-Family
Dwelling
RG
RM
6,000
60
(a)
25
5
25
800
6
30
60
Multiple-Family
Dwelling
- 3 story apartments,
garden apartments
RG
RM
(d)
70
25
(e)
25
600
10
45
-
- maisonettes, town
or row type housing
and other one or two
storey dwellings
RG
RM
(d)
25
(k)
25
15
25
800
10
35
60
- Planned Unit
Development
RG
RM
(d)
70
(j)
(j)
(j)
800
10
40
-
Other Permitted or
Conditional Uses
RS, RA
RMH RG,
RM
10,000
100
30
15
10
(i)
10
30
60
Accessory Buildings,
Structures and Uses
for Dwellings Except
Swimming Pools
RS, RA
RMH RG,
RM
(i)
(i)
25
5
(c)
2
(i)
(g)
15
10
Mobile Home
RMH
3,600
30
25
5
25
400
6
-
60
Mobile Home Park
RMH
40,000
250
25
(f)
(f)
(i)
(f)
-
50
Swimming Pool (h)
RS, RA
RMH RG,
RM
(i)
(i)
25
8
8
(i)
(i)
-
-
72
Explanations and Exceptions to Residential Bulk Requirements in Table VII - II are as
follows:
(a)
For single-family and two-family dwellings the minimum site depth shall be 100
feet.
(b)
The side yard on the street side of a corner site shall be a minimum of ten (10)
feet; and for buildings with a common party wall, the side yard may be reduced to
zero (0) when the side site line is completely within the common party wall.
(c)
In the case of an accessory building located to the rear of the main building shall
be two (2) feet unless the site is a corner site in which case the minimum side yard
on the street shall be ten (10) feet.
(d)
Minimum site area for multiple-family dwellings shall be computed as follows:
10,000 sq. ft. for the first 4 dwelling units plus 1,500 sq. ft. for each additional
dwelling unit thereafter.
(e)
The required side yard shall be 15 ft. or one-half of the height of the building,
whichever is greater.
(f)
A minimum distance of 10 ft., clear of all projections, shall be provided between
mobile homes. Any porch, carport or addition to the mobile home shall be
regarded as part of the mobile home for the purpose of separation.
(g)
An accessory building or structure shall not be located closer than 6 ft. from the
main building or structure from all projections except where it is attached to the
main building or structure.
(h)
Requirements of PART 10 of The Manitoba Building Code;
(i)
Requirement is not applicable.
(j)
To be determined by Council.
(k)
Per dwelling unit.
(l)
Buildings and structures adjacent to Provincial Trunk Highways shall have
setbacks in accordance with the requirements of The Highway Protection Act and
The Highways and Transportation Department Act as amended from time to time.
(m)
Permits are required from the Highway Traffic Board or Manitoba Transportation
and Government Services for any new, modified or relocated access (including
change in use of an existing access to Provincial Trunk Highway) to a Provincial
Trunk Highway or Provincial Road.
NUMBER OF BUILDINGS PERMITTED PER SITE:
5.
(2) Not more than one (1) of the following buildings shall be permitted on
one (1) zoning site:
single-family dwelling
two-family dwelling
mobile home (except in a mobile home park)
multiple-family dwelling (except in a planned unit development)
73
SIGNS
6.
The following signs shall be permitted in the Residential Zones:
(a)
In the case of a single-family or two-family dwelling there shall be not more than
one (1) lighted or unlighted identification sign for each dwelling unit and each
sign shall not exceed two (2) square feet in area;
(b)
There shall be not more than one (1) lighted or unlighted identification sign not
exceeding twelve (12) square feet in area for each multiple-family building, or
Senior Citizen's home;
(c)
In the case of any other permitted or conditional use, except home occupations,
there shall not be more than one (1) lighted or unlighted identification sign or
bulletin board, not exceeding (18) square feet in area.
PARKING
7.
Off-street parking spaces shall be provided on the same site as the main
building or use in accordance with TABLE VII-III.
TABLE VII - III
PARKING TABLE
USE
MINMIMUM PARKING SPACES
REQUIRED
1. One and two-family dwellings
One (1) space for each dwelling unit.
2. Multiple-family dwellings
One and one-quarter (1.25) spaces
(rounded to the nearest whole number)
For each dwelling unit.
3. Religious building Community
halls and the like
One (1) space for each five (5) seats
provided
4. All other permitted or conditional
uses
One and one-quarter (1.25) spaces
(rounded to the nearest whole number) for
each employee.
74
HOME OCCUPATIONS
8.
(1) A home occupation is regulated as herein after provided within a residential
dwelling unit or building accessory thereto in each district in this PART subject to
the provisions of any Conditional Use Order, if applicable, and compliance with the
following limitations:
(a)
Not more than three hundred (300) square feet of floor area is devoted to
home occupations in any dwelling unit or mobile home or building
accessory thereto, or twenty percent (20%) of the floor area, whichever is
the lesser;
(b)
Any work or activity conducted on the premises in connection with the
home occupation shall be carried on entirely within the residential
dwelling unit or entirely within a building accessory to that dwelling unit
with no outside storage or display;
(c)
The home occupation shall be conducted solely by one or more of the
residents living in the residential dwelling unit on the premises without the
employment of any other person;
(d)
There shall be no visible indication that home occupation are being carried
on within the dwelling unit;
(e)
No retail use of the dwelling unit shall be permitted as a home occupation;
(f)
No home occupation shall be permitted that:
(i)
generates traffic, traffic, parking, sewage or water use in excess of
what is normal in the residential neighbourhood; and
(ii)
creates a hazard to person or property, results in electrical
interference, or becomes a nuisance.
8.
(2)
The following are permitted home occupations provided they do
not violate any of the provisions of subsection (1) above:
(i)
Home crafts;
(ii)
Tutoring or instructional classes for not more than four (4) pupils at a
time;
(iii)
Computer programming;
(iv)
Booking and accounting;
75
(v)
Photography;
(vi)
Consulting and counselling services;
(vii)
Office of a person carrying on a business off the premises;
(viii) Hairdressing or barbering.
8.
(3)
Any proposed home occupation that is not specifically permitted
by subsection (2) above, shall be considered a Conditional Use and shall be
evaluated by Council upon consideration of those standards contained in
subsection (1). Home occupations will be reviewed every 3 years.
76
PART VIII - COMMERCIAL ZONES
PAGE NO.
1. Intent and Purpose
77
2. Zones
77
3. General Provisions
77
4. Use Regulations
77
(1) Commercial Use Table
77
(2) Exceptions
83
(3) Conditional Use
83
(4) Accessory Uses, Building and Structures
83
5. Bulk Requirements
84
(1) Commercial Bulk Table
84
(2) Access Requirements
86
6. Signs
86
7. Parking and Loading
88
77
PART VIII - COMMERCIAL ZONES
INTENT AND PURPOSE
1.
The Commercial Zones established in this By-law are intended to provide sufficient land
in suitable locations to meet the needs of Commercial development in the Area in
keeping with the provisions of the Development Plan.
ZONES
2.
In order to carry out the intent and purpose of section 1 above, there are hereby
established the following zones:
(1)
"CG" Commercial General Zone
This zone provides for appropriate land in central business area for the
development of intensive retail, business, service and administrative uses.
(2)
"CH" Commercial Highway Zone
This zone provides for appropriate land for those businesses requiring large sites,
and/or serving the motoring public and requiring direct access to a highway.
GENERAL PROVISIONS
3.
The provisions applying to all Commercial Zones are contained within this PART. Also
applying to these zones are the provisions of PART I - "DEFINITIONS', PART II -
"ADMINISTRATION", PART III - "ZONES", PART IV - "GENERAL
REGULATIONS" and APPENDIX "A".
USE REGULATIONS
COMMERCIAL USE TABLE:
4.
(1)
TABLE VIII - I, "COMMERCIAL USE TABLE", lists all uses that are:
(a)
"P", Permitted;
(b)
"C", Conditional; and
(c)
"-", Use Not Permitted
in the Commercial Zones. All listed uses are subject to the provisions contained herein.
78
TABLE VIII-I
COMMERCIAL USE TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"CG"
"CH"
ACCESSORY BUILDINGS, STRUCTURES AND USES
1. Accessory uses, buildings and structures
(See Section 4(4) of this PART)
P
P
ACCOMMODATION
1. Hotels and motels
P
P
AGRICULTURAL PRODUCTS
1. Animal feed
a) Sales, distribution and storage (a)
2. Farm buildings and structures
a) Sales and display areas
3. Farm implements
a) Sales and distribution centres with incidental centres
4. Garden supplies
a) Sales, distribution and storage
5. Greenhouses and nurseries
6. Seed supplies
a) Distributions and sales
7. Agricultural fertilizer and chemical storage
Facilities excluding anhydrous amonia
-
-
C
P
-
P
-
P
P
P
P
P
P
C
ANIMAL
1.
Hospitals and veterinary clinics
C
P
ASSEMBLY PLACES
1. Community centres or community
2. Lodges, Private clubs or halls
3. Arts centres, concert halls, galleries,
Libraries and museums
4. Music conservatories
5. Religious institutions and related uses, including non-
residential schools incidental to a religious institution
and offices and residence for the administration of the
religious institution
P
P
P
P
P
P
P
-
-
C
79
TABLE VIII-I (Cont'd.)
COMMERCIAL USE TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"CG"
"CH"
AUTOMOTIVE, BICYCLE AND MARINE
1. Automobile
a) Compounds for the storage of new or used vehicles
b) Driving schools
c) Glass or mirror shops
d) Laundries, including automatic or coin operated car
washes
e) Rental establishments
f) Repair shops, including body shops
g) Retail parts stores
h) Sales areas and showrooms (b)
i) Seat cover sales and installations
j) Supply stores, wholesale
k) Tire sales and installation
2.
Automotive service stations and garages
3.
Bicycle
a) Assembly, sales and Repair Boats
4.
Boats
a) Repair shops, rentals and sales
5.
Mopeds, motorcycles and snowmobiles
a) Repair shops, rentals and sales Trucks
6.
Trucks
a) Repair shops, rentals and sales (b)
C
P
P
P
P
P
P
P
P
C
P
P
P
C
P
P
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
BUSINESS SUPPLY STORES
1. Business machines, calculators, computers, photocopiers,
typewriters and similar business machines, rentals, repairs,
sales and showrooms including blueprinting and photostating
shops
P
-
CONSTRUCTION MATERIALS and CONTRACTORS'
ESTABLISHMENTS
1. Awnings, custom shops for retail sales on the premises
2. Building materials, excluding lumber or wood
a) Sales only - see (c)
b) Sales and storage - see (d)
3. Carpet, linoleum, rug or other coverings, sales and service,
including cleaning establishments
P
-
-
P
-
P
P
C
80
TABLE VIII- I (Cont'd.)
COMMERCIAL USE TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"CG"
"CH"
4. Contractors' establishments, including decorating, drywalling,
electrical, eavestroughing, general, heating, insulating,
painting and wallpapering, plumbing, roofing, stuccoing,
ventilating, window related establishments and similar uses,
including and contractors' equipment (c)
5. Lumber and wood sales
a) Sales and storage (d)
C
C
P
P
EATING AND DRINKING PLACES
1. Banquet halls
2. Bars, cabarets, taverns and pubs with or without
live entertainment
3. Cafes, coffee shops and drive-in establishments
4. Restaurants and lounges
5. Catering establishments
P
P
P
P
P
P
C
P
P
P
FINANCIAL SERVICES
1. Banks and Other financial institutions
2. Insurance Agencies
P
P
-
-
GOVERNMENT
1. Administration buildings and offices, including
Municipal offices, police and fire stations,
Post offices and similar uses
2. Court house
3. Public utilities and public works
P
P
P
C
-
P
OFFICES
1. Offices
a) Business
b) Professional offices including accountancy
Firms, clinics and medical centres,
Consultants' offices, law offices, land
Surveyors' offices, medical and dental offices,
Art and photo studios and similar uses.
2. Funeral Homes, not including cremation
P
P
P
-
-
P
81
TABLE VIII- I (Cont'd.)
COMMERCIAL USE TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"CG"
"CH"
PARKING AND LOADING
1. Parking and loading areas (e)
P
P
PLANNED UNIT DEVELOPMENT
C
C
RECREATION FACILITIES
1. Amusement parlors
2. Parks, picnic areas, playgrounds,
Tot lots and similar uses
3. Billiard parlors and bowling alleys
4. Golf
a) Courses, miniature
b) Driving ranges and Pitch and Putt
5. Recreational clubs (f)
6. Rinks for curling, roller or ice skating
7. Theatres and cinemas, indoor
8. Drive-in theatres
C
P
P
-
-
P
P
P
-
C
P
C
P
P
-
P
-
C
RESIDENCES
1. Apartments or suites (g)
a) On the first floor
b) Above the first floor
c) Above the second floor
2. Multiple-family dwellings
3. A dwelling for a caretaker or operator whose presence on the
site is deemed necessary by Council
P
P
P
C
C
-
-
-
-
C
RETAIL OUTLETS AND SERVICES
1. Retail outlets and services all within an enclosed
building such as but limited to:
-
Appliance and appliance repair shops
-
Bakeries and baked goods shops
-
Book store and stationary
-
Confectionery stores
-
Department stores
-
Drug Stores
-
Dry-cleaning, laundries
-
Florist
-
Furniture stores
-
Gift shops
-
Grocery, fruit or vegetable stores
-
Hardware and electrical appliance stores
P
(h)
82
TABLE VIII- I (Cont'd.)
COMMERCIAL USE TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"CG"
"CH"
RETAIL OUTLETS AND SERVICES (Cont'd)
-
Meat market or delicatessen stores
-
Pawn shops
-
Pet shops
-
Radio and T.V. repair shops
-
Second-hand stores and antique shops
-
Shoe stores
-
Tailor, clothing or wearing apparel shops
-
Upholstering shops
P
(h)
SCHOOLS
1. Business colleges, trade or vocational schools
2. Home and group day care, child care services and
nurseries.
P
P
-
-
SIGNS
1. Advertising signs (See Section 6 of this PART)
C
C
TRANSPORTATION
1. Bus passenger terminals
2. Taxi or courier services
3. Trucking terminals, motor freight stations,
Including cartage and express facilities
P
P
-
P
P
C
MISCELLANEOUS
1. Bulk fuel, sales and storage
2. Manufacturing
-
-
C
C
The following explanation and exceptions form part of TABLE VIII-I:
(a) Is only permitted when the storage of the product is within a completely enclosed
building or within an area enclosed on all sides with a wall or fence not less than six (6) feet
in height.
(b) Automobile and Truck sales areas shall be designed and constructed in accordance
with the regulations of Section 7 of this PART.
83
(c) Is only permitted when both the sales and incidental storage of the building material and
contractors' equipment is within a completely enclosed building.
(d) Is only permitted when both the sales and the storage of the building material and
contractors' equipment is within a completely enclosed building or within an area enclosed
on all sides with a wall or fence not less than (6) feet in height.
(e) Parking lots shall be designed and constructed in accordance with the regulations
contained in Section 7 of this PART.
(f) Includes gymnasiums, reducing salons, masseurs, steam baths and similar
establishments.
(g) Only as part of a building which contains a principal commercial use. Residence
located on the main floor shall be restricted to the rear half of the building.
(h) In the "CH" Commercial Highway Zone, retail sales and outlets are permitted
only when incidental or accessory to a permitted or conditional use.
EXCEPTIONS:
4.
(2) No land shall be used or occupied and no building or structure shall be
erected, altered, relocated, used or occupied hereinafter for any use in any
Commercial Zone in which such land or structure is located other than a use
listed on TABLE VIII - I, "COMMERCIAL USE TABLE", with the
exceptions of uses lawfully established prior to the effective date of this
By-law.
CONDITIONAL USE:
4. (3) Any use listed as a "CONDITIONAL USE" in TABLE VIII - I shall comply
with the provisions as set forth in Section 9 of PART II -
ADMINISTRATION".
ACCESSORY USES, BUILDINGS AND STRUCTURES:
4.
(4) In the Commercial Zones, accessory uses, buildings and structures shall
include but not be limited to, the following:
(a)
a garage, shed, or building, for storage incidental to a permitted use or
conditional use;
(b)
incinerators subject to the approval of the authority having jurisdiction and
which shall be incidental to the permitted use or conditional use;
(c) the production, processing, cleaning, servicing, altering, testing, repair or
84
storage of merchandise normally incidental to a business and personal
service and mercantile occupancies if conducted by the same ownership
as the principal use;
(d)
accessory off-street parking and loading areas;
(e)
signs as permitted and regulated in Section 6 of this PART;
(f)
detached classroom portables or storage buildings for a school.
(g)
portable storage units as permitted and regulated in Section 27 of Part IV. BL 5/2021
BULK REQUIREMENTS
5. (1) The Commercial bulk requirements shall be as set forth in TABLE VIII - II,
COMMERCIAL BULK TABLE.
TABLE VIII - II
COMMERCIAL BULK TABLE
PERMITTED
OR
CONDITIONAL
USES
ZONES
REQUIREMENTS
MINIMUM
MAX
Site
Area
(sq.
ft.)
Site
Width
(ft.)
(a,
l,n,o)
Front
Yard
(ft.)
(l,,n,o)
Side Yard
(l)
Rear Yard
Dwelling
Unit
Area
(sq. ft.)
(c)
Height
(ft.)
interior
corner
lane
no
lane
Multiple-Family
Dwellings
CG
10,000
(m)
75
25
15
15
25
30
600
45
Other
"C" Commercial
General Zone
Uses
CG
2,500
25
0
(f, h)
0
10
(d)
20
(d)
25
N/A
(g)
45
"CH" Commercial
Highway Zone
Uses
CH
12,000
100
25
15
10
(d)
20
(d)
25
N/A
(e)
35
Planned Unit
Development
CG, CH
TO BE DETERMINED BY COUNCIL
Accessory Uses,
Building and
Structures
CG, CH
(b)
(b)
(i,j)
(i, j)
(i, j)
(j)
5
(j)
15
400
(k)
85
The following explanations and exceptions form part of TABLE VIII-II.
(a) The minimum front yard requirements for a zoning site, where there are existing buildings
on the adjacent sites on both sides of a site, or on one side for a corner site, shall not vary
more than ten (10) percent from the average existing front yards for the said adjacent
buildings, provided that said distance is less than the minimum bulk requirements. The
minimum front yard requirement noted above may be used to determine the front yard
requirement for a building that was destroyed and is being rebuilt, or where an existing
building is to have an addition made to it, or where a new building is to be constructed in an
infilling situation.
(b) Requirement not applicable.
(c) The vertical distance measured from grade to the highest point of the roof surface if a flat
roof, to the deck of a mansard roof, and to the mean height level between eaves and ridge
for gable, hip or gambrel roof.
(d) The required rear yard may be reduced to ten (10) feet if all the required parking
and loading spaces are provided elsewhere on the site; however, where a dwelling
unit is contained within a commercial building the required rear yard shall be
twenty-five (25) feet.
(e) Or two and one half (2-1/2) storeys, whichever is the lesser.
(f) Where a site is adjacent to a residential zone, a side yard shall not be less than ten (10) feet.
(g) Or three (3) storeys, whichever is the lesser.
(h) Where there is a common party wall, the site line shall be completely contained
within the common party wall.
(i) The minimum front and side yard requirements for accessory buildings and
structures shall be the same as the minimum front and side yard requirements for
the principal buildings and structures of the site, unless otherwise provided for
herein. In case of fuel pumps for a service station, the minimum front and side yard
requirement shall be twenty (20) feet.
(j) An accessory structure or building may be attached to the main building or
structure by means of a breezeway, extended room or similar structure. In such
cases, the accessory structure or building shall be considered as being a part of the
main building or structure and the yard requirements for main buildings or
structures shall apply.
(k) The maximum height of accessory buildings and structures shall not exceed the
height of the principal building or structure.
(l)
No open storage or outdoor display shall be permitted in an abutting yard beside
86
the Residential Zone boundary.
(m)
Minimum site area for multiple-family dwellings shall be computed as follows:
10,000 sq. ft. for the first 4 dwelling units plus 1,500 sq. ft. for each additional
dwelling unit thereafter.
(n)
Buildings and structures adjacent to Provincial Trunk Highways shall have setbacks in
accordance with the requirements of The Highway Protection Act and The Highways and
Transportation Department Act as amended from time to time.
(o)
Permits are required from the Highway Traffic Board or Manitoba Transportation and
Government Services for any new, modified or relocated access (including change in use
of an existing access to Provincial Trunk Highway) to a Provincial Trunk Highway or
Provincial Road.
ACCESS REQUIREMENTS
5.
(2) Access to the property for vehicles shall be only by way of entrances and
exists provided in accordance with the following:
(a)
minimum width of an entrance or exit
15 ft.
(b) minimum width of a combined entrance and exit
25 ft.
(c) maximum width of an entrance or exit
25 ft.
(d) maximum width of a combined entrance and exit
35 ft.
(e) minimum distance between any part of an entrance
and exit, and the intersection of street site lines or
the intersection of a street site line and side site line
on a public lane
15 ft.
(f) the owner of the property shall provide and maintain a
barrier at least one (1) foot high on or near all street
lines so as to prevent vehicles from entering or leaving
the property other than by way of the entrances and exits
permitted by this By-law.
(g) Permits are required from the Highway Traffic Board or Manitoba
Transportation and Government Services for any new, modified or
relocated access (including change in use of an existing access to
Provincial Trunk Highway) to a Provincial Trunk Highway or Provincial
Road.
SIGNS
6.
The following signs shall be permitted and regulated in the Commercial Zones:
(a)
One lighted or unlighted business or identification sign not exceeding a
total sign surface area of two hundred (200) square feet and having a
maximum height of forty (30) feet shall be permitted for any building or
use permitted in the Commercial Zones;
(b)
Bulletin boards not greater than one hundred (100) square feet in sign
surface area and not located closer than ten (10) feet to any site line where
a yard is required;
(c)
Any identification or business sign permitted above may be attached to
the face or roof of a building or structure or it may be a freestanding sign.
However, there shall be no overhanging encroachment on to the adjoining
87
sidewalk or street;
(d)
Advertising signs may be permitted as a conditional use, subject to
the provisions of Section 9 of PART II and Section 14(2) of PART IV.
(e) Other signs as shown in Table VIII-III.
TABLE VIII -III
SIGN REQUIREMENTS
Type of Sign
Maximum
sign
Surface
Area
Maximum
Sign
Height
Location
Council
Permission
Developmen
t
Permit
Free standing
a) Advertising
100 square
feet
30 feet
1 ft. from
site line
Conditional
Use
Yes
b) Bulletin Board
100 square
feet
15 feet
10 ft. from
site line
Not required
Yes
c) Identification
200 square
feet
30 feet
1 ft. from
site line
Not required
Yes
d) Business
Identification
200 square
feet
30 feet
1 ft. from
site line
Not required
Yes
e) Construction
32 square
feet
8 feet
1 ft. from
site line
Not required
No
f) Real Estate
32 square
feet
8 feet
1 ft. from
site line
Not required
No
g) Directional
5 square feet
8 feet
1 ft. from
site line
Not required
No
h) Mobile Sign
64 square
feet
8 feet
1 ft. from
site line
Permission
Required
Yes
88
PARKING AND LOADING
7. (1)
Off-street parking spaces for commercial uses shall be provided on the same
site as the main building or use in accordance with the following TABLE, and
subject to Section 25 of PART IV; except for commercial uses with buildings less
than 3, 000 sq. ft. where there is no legal access to the rear yard, which uses shall
be exempt from the requirements of TABLE VIII-IV.
TABLE VIII - IV
PARKING REQUIREMENTS
USE
MINIMUM PARKING SPACES REQUIRED
A store, retail or wholesale
One (1) parking space for each 400 sq. ft. of floor
area used for retail or wholesale purposes
Offices and Banks
One (1) parking space for each 400 sq. ft. of floor
area
Warehouse or Outside Storage
One (1) parking space for each 3 employees
Restaurants and Coffee Shops
One (1) parking space for each 100 sq. ft. of floor
area
Religious Buildings
One (1) parking space for each 15 seats provided
in the hall
Hotel, Motel
One (1) parking space for each guest room plus
parking spaces for restaurant, office, gift shop as
required above
Dwelling units
One (1) parking space for each dwelling unit
provided
Recreation and other uses
One (1) parking space for each 5 seats
7. (2) Where contiguous lots within a registered plan of subdivision forming part of
a zoning site are used to satisfy the minimum parking requirements of TABLE VIII-
IV, a non-conformity shall not be created by virtue of sale or disposition of any lot
which would reduce the off-street parking spaces below the minimum requirements of
said Table or unless the minimum parking requirements are varied pursuant to the
Planning Act by variation approval of Council.
7. (3) Off-street loading or unloading spaces each thirty (30) feet long, twelve (12)
feet wide and fourteen (14) feet vertical clearance, having access to a lane or
street, shall be provided on the same site as the main building or use in
accordance with the following Table and subject to Section 25 of PART IV:
89
TABLE VIII - V
LOADING SPACE REQUIREMENTS
Floor Area of Building or Area of open air
storage (sq. ft.)
Minimum Loading Required
Up to and including 5000 sq. ft.
One (1) loading space
5001 to 15,000
Two (2) loading spaces
15,001 to 40,000
Three (3) loading spaces
Over 40,000 sq. ft.
Three (3) loading spaces plus one (1) space
for each additional 25, 000 sq. ft. or portion
thereof.
7. (4) Off street parking and loading may be provided in any required yard.
90
PART IX - INDUSTRIAL ZONES
PAGE NO.
1.
Intent and Purpose
91
2.
Zones
91
3.
General Provisions
91
4. Use Regulations
91
(1) Industrial Use Table
92
(2) Exceptions
97
(3) Conditional Use
97
(4) Accessory Uses, Buildings and Structures
97
5. Bulk Requirements
98
(1) Industrial Bulk Table
98
(2) Special Yards and along Zone Boundaries
99
(3) Access Requirements
100
6. Signs
100
7. Parking and Loading
102
91
PART IX - INDUSTRIAL ZONES
INTENT AND PURPOSE
1.
The Industrial Zones established in this By-law are intended to provide sufficient land for
industrial and related uses in suitable locations in The Area in keeping with the
provisions of the Development Plan.
ZONES
2.
In order to carry out the intent and purpose of section 1 above, there is hereby established
the following zone:
(1)
"MG" Industrial General Zone
This zone provides for light manufacturing, processing, distribution,
transportation, and warehouse uses that create no nuisances. Contained or
screened outside storage is permissible. Certain heavy industrial uses may be
listed as "conditional'
GENERAL PROVISIONS
3. The provisions apply to all Industrial Zones are contained within this PART.
Also applying to these zones are the provisions of PART 1 - "DEFINITIONS",
PART II - "ADMINISTRATION, PART III - "ZONES", PART IV -
"GENERAL PROVISIONS" and APPENDIX "A".
USE REGULATIONS
4.
(1)
TABLE 1X - 1, "INDUSTRIAL USE TABLE", lists all uses that are:
(a)
"P", Permitted;
(b)
"C", Conditional; and
(c)
"-", Use Not Permitted
in the Industrial Zones. All listed uses are subject to the provisions contained
herein.
92
TABLE IX - I
INDUSTRIAL USE TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"MG"
ACCESSORY BUILDINGS, STRUCTURES AND USES
1. Accessory uses, buildings and structures
(See Section 4(4) of this PART)
P
AGRICULTURAL PRODUCTS
1. Animal feed
a) Manufacturing and processing
2. Farm buildings and structures
a) Assembly and storage
b) Manufacture
c) Sales and distribution centres
3. Farm implements
a) Manufacturing
b) Sales and distribution centres with minor assembly
c) Service and repair centres
4. Fertilizers except anhydrous ammonia
a) Manufacturing
b) Sales, distribution and storage (liquids)
c) Sales, distribution and storage (solids)
5. Garden supplies
a) Manufacturing
b) Sales, distribution and storage
6. Grain
a) Milling or processing, including flour mills
b) Sales and storage, including elevators and terminals
7. Greenhouses and nurseries
8. Hatcheries, poultry
9. Livestock processing and products
a) Abattoirs
b) Meat processing and packaging of meat products (wholesale)
c) Milk processing and packaging of milk products
d) Poultry, packing and slaughtering
e) Stock yards, for the holding, sales and shipping of animals
10. Seed supplies
a) Cleaning and drying plant (including grain)
b) Distribution and sales
c) Packaging and storage
C
P
P
P
P
P
P
C
C
P
C
P
C
C
P
C
C
C
C
C
C
C
P
P
93
TABLE IX - I (Cont'd)
INDUSTRIAL USE TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"MG"
AIRCRAFT
1. a) Aircraft manufacturing, sales and service
b) Sales and service
C
P
ANIMAL
1.
Boarding, care and training facilities, including kennels
2.
Hospitals and veterinary clinics
3.
Pounds and shelters
C
C
C
AUCTION MARTS
1. Auction marts excluding livestock
P
AUTOMOTIVE, BICYCLE AND MARINE
1. Automobile
a) Compounds for the storage of derelict vehicles
b) Compounds for the storage of new or used vehicles
c) Engine or engine parts rebuilding shops when conducted wholly
Within an enclosed building with no outside storage
d) Glass or mirror shops
e) Laundries, including automatic or coin operated car washes
f) Manufacture
g) Rental establishments
h) Repair shops, including body shops
i) Retail parts stores, provided no dismantling of vehicles occurs on
the site
j) Sales areas and showrooms
k) Seat cover sales and installation
l) Supply stores, wholesale
m) Tire sales and installation
n) Wrecking and dismantling
2. Automotive service stations and garages
3. Bicycles
a) Assembly and manufacture
b) Rentals, sales, showrooms and repair shops
4. Boats
a) Assembly and manufacture
b) Manufacture
5. Mopeds, motorcycles and snowmobiles
a) Manufacture
b) Repair shops, rentals and sales
C
P
P
P
P
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
94
TABLE IX - I (Cont'd)
INDUSTRIAL USE TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"MG"
6. Trailers (Recreational vehicle, house trailer or camper)
a) Manufacture
b) Repairs and sales areas
7. Trucks
a) Engine or engine parts rebuilding shops
b) Manufacture, assembly and installation of truck boxes
c) Manufacture, repair, including body shops
d) Rentals, sales and showrooms
P
P
P
P
P
P
BUSINESS SUPPLY STORES
1.
Business machines, calculators, computers, photocopiers,
Typewriters and similar business machines
a) Assembly and manufacture
b) Rentals repairs, sales and showrooms
2.
Equipment, instruments or machinery
a) Assembly and manufacture
b) Rentals, repairs, sales and showrooms
3.
Wholesale outlets
4.
Blueprinting, printing and photostating shops
P
P
P
P
P
P
CONSTRUCTION MATERIALS and CONTRACTORS' ESTABLISHMENTS
1. Asphalt or asphalt products, manufacture
2. Awnings
a) custom shops for retail sales on the premises
b) Manufacture
3. Brick or tile manufacture
4. Building materials, excluding lumber or wood
a) Sales only and storage
5. Carpet, linoleum, rug or other floor coverings
a)
Manufacture
b)
Sales and service, including cleaning establishments
6. Concrete and cement
a)
Batching plants
b)
Products manufacturing
P
P
C
P
P
P
C
C
95
TABLE IX - I (Cont'd)
INDUSTRIAL USE TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"MG"
7. Contractors' establishments
a) Contractors' drywalling, electrical, eavestroughing, general,
heating, insulating, painting and wallpapering, plumbing, roofing,
stuccoing, ventilating, window related establishments and similar
uses, including sales and storage of building material and
contractors' equipment
b) Sales and storage yards for building material and contractors'
equipment
8. Interior decorating establishments including sale of draperies, floor
covering materials, paint wallpaper and related interior decorating
products within a fully enclosed building
9. Lumber and wood
a) Bulk processing, distillation, pulp or fiber reduction
b) Products manufacture and wood working
c) Sales and storage
10. Prefabricated buildings and structures, including metal or steel
buildings and structures, including metal or steel buildings, farm
buildings and storage facilities, prefab homes, mobile homes and
similar structures
a) Assembly and storage
b) Manufacturing and distribution of structural parts
c) Sales and distribution centres
11. Welding and machine shops
P
P
P
C
P
P
C
P
P
P
EATING AND DRINKING PLACES
1. Cafes and coffee shops
2. Drive-in establishments including eating and drinking places,
restaurants, ice cream parlors, and similar uses but excluding drive-in
theatres
P
P
GOVERNMENT
1. Administration buildings and offices
2. Maintenance or public works yards and garages
3. Public utilities and public works
4. Reservoirs, water towers and water treatment plants
P
P
P
P
96
TABLE IX - I (Cont'd)
INDUSTRIAL USE TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"MG"
JUNK YARDS
1.
Junk yards and recycling yards, including the baling, collecting,
sorting, storing and smelting operations of scrap automobile bodies
and parts, iron, junk, metal, paper or rags and similar items
C
MANUFACTURING/ INDUSTRIAL
1. General manufacturing
2. Chemical manufacturing
3. Bakeries
4. Laundry plant, dry-cleaning plants
P
C
P
P
PARKING AND LOADING
1. Parking and loading (See Section 7 of this PART)
P
PLANNED UNIT DEVELOPMENT
C
RESIDENCES
1.
A dwelling for a caretaker or operator whose presence on the site is
deemed necessary by Council
C
RETAIL OUTLETS AND SERVICES
1.
Retail outlets and services which are incidental to a permitted or
conditional use
C
SIGNS (See Section 6 of this PART)
1. Advertising
C
TRANSPORTATION
1. Rail passenger terminals
2. Rail freight terminals and yards
3. Taxi or courier services
4. Trucking terminals, freight stations, including cartage and express
facilities
P
P
P
P
97
TABLE IX - I (Cont'd)
INDUSTRIAL USE TABLE
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"MG"
WAREHOUSE/ WHOLESALE FACILITIES
1.
Fuel sales, including coal and coke, sales, distribution and storage
Offices
2.
Moving or storage offices
3.
Warehouse and storage for non-explosive, non-flammable or non-toxic
goods
4.
Wholesale establishments, including sales, showrooms and related
storage
C
P
P
P
4. (2) Exceptions
No land shall be used or occupied and no building or structure shall be erected,
altered, relocated, used or occupied hereinafter for any Industrial Zone in which such
land, building or structure is located other than a use listed on TABLE IX - I,
"INDUSTRIAL USE TABLE", with the exceptions of uses lawfully established
prior to the effective date of this By-law.
(3) Conditional Use
Any use listed as a "CONDITIONAL USE" in TABLE IX - I shall comply
with the provisions as set forth in Section 9 of PART II -
"ADMINISTRATION".
(4) Accessory Uses, Buildings and Structures
In the Industrial Zones, accessory uses, buildings and structures shall
include but not be limited to the following:
(a)
a garage, shed or building for storage incidental to a permitted use or
conditional use;
(b) incinerators subject to the authority having jurisdiction, and which shall
be incidental to the permitted use or conditional use;
(c) storage of goods used in or produced by manufacturing activities on the
same zoning site with such activities unless such storage is excluded by
the zone regulations;
98
(d) the production, processing, cleaning, servicing, altering, testing, repair
or storage of merchandise normally incidental to an industrial or
manufacturing activity if conducted by the same ownership as the
principal use;
(e) accessory off-street parking and loading spaces as regulated in Section 7
of this PART;
(f) signs as permitted and regulated in Section 6 of this PART; and
(g)
offices, business or professional, which are incidental and accessory to
a permitted or conditional use.
(h)
portable storage units as permitted and regulated in Section 27 of Part IV. BL 5/2021
BULK REQUIREMENTS
5. (1) The Industrial bulk requirements shall be as set forth in TABLE IX - II,
INDUSTRIAL BULK TABLE.
TABLE IX - II
INDUSTRIAL BULK TABLE
PERMITTED
OR
CONDITIONAL
USES
ZONES
REQUIREMENTS
MINIMUM
MAX
Site
Area
(sq.
ft.)
Site
Wi
dth
(ft.)
(b)
Front
Yard
(ft.)
(b)
Side Yard
(b)
Rear Yard
Dwelling
Unit
Area
(sq. ft.)
Distance
From
Main
Bldg. (ft.)
(c)
Height
(ft.)
interior
corner
(ft.)
Permitted
Uses
MG
6,000
50
(a)
15
(f)
5
15
5
N/A
N/A
45
Conditional
Uses
MG
7,500
75
(a)
20
(f)
15
15
5
N/A
N/A
60
Planned Unit
Development
MG
TO BE DETERMINED BY COUNCIL
Accessory Uses,
Building and
Structures
MG
(g)
(g)
(d)
5
(f)
15
5
400
10
(e)
The following explanations and exceptions form part of Table IX-II.
99
(a) The minimum front yard requirements for a zoning site, where there are existing
buildings on the adjacent sites on both sides of a site, or on one side for a corner
site, shall not vary more than ten (10) percent from the average existing front yards
for the said adjacent buildings, provided that said distance is less than the minimum
bulk requirements. The minimum front yard requirement noted above may be used
to determine the front yard requirement for a building that was destroyed and is
being rebuilt, or where an existing building is to have an addition made to it, or
where a new building is to be constructed in an infilling situation.
Buildings and structures adjacent to Provincial Trunk Highways shall have setbacks in
accordance with the requirements of The Highway Protection Act and The Highways and
Transportation Department Act as amended from time to time.
(b) For group buildings located on one site or buildings within a planned unit
development, the yards on the boundary of the site shall not be less than those
required in the zone in which the site is located, nor shall the distance between
buildings within the site be less than the sum of two of these required yards,
(c)
The vertical distance measured from grade to the highest point of the roof surface
if a flat roof; to the deck of a mansard roof; and to the mean height level between
eaves and ridge for gable, hip or gambrel roof.
(d)
Accessory buildings and structures shall be located to the side or the rear of the
principal building or structure.
(e) The maximum height of accessory buildings or structures shall not exceed the
height of the principal buildings or structure.
(f) Where adjacent to a residential zone, a side yard of twenty (20) feet shall be
provided.
(g) Requirement not applicable
5.
(2)
Special Yard along Zone Boundaries
Notwithstanding any other requirements provided elsewhere in this By-law,
where a site within an Industrial Zone abuts a Residential Zone, the following
regulations shall comply:
(a)
The minimum side yard requirement for the abutting site in the Industrial
Zone shall be twenty (20) feet; and
(b)
No open storage or outdoor display shall be permitted in an abutting yard
in the Industrial Zone, except where a solid fence of minimum six (6) feet
high is provided and maintained along the site line abutting the Residential
Zone boundary.
100
ACCESS REQUIREMENTS
5.
(3) Access to the property for vehicles shall be only by way of entrances and exits
provided in accordance with the following:
(a) minimum width of an entrance or exit
15 ft.
(b) minimum width of a combined entrance and exit
25 ft.
(c) maximum width of an entrance or exit
25 ft.
(d) maximum width of a combined entrance and exit
35 ft.
(e) minimum distance between any part of an entrance, exit or combined
entrance and exit, and the intersection of street site lines or the
intersection of a street site line and side site line on a public lane 15 ft.
(f)
the owner of the property shall provide and maintain a barrier at least
one (1) foot high on or near all street site lines so as to prevent vehicles
from entering or leaving the property other than by way of the entrances
and exists permitted by this By-law.
(g)
permits are required from the Highway Traffic Board or Manitoba
Transportation and Government Services for any new, modified or
relocated access (including change in use of an existing access to
Provincial Trunk Highway) to a Provincial Trunk Highway or Provincial
Road.
SIGNS
6.
Signs shall be permitted and regulated in the Industrial Zone as follows:
(a) One lighted or unlighted business or identification sign not exceeding a
total sign surface area of two hundred (200) square feet, for any building
for use permitted in the Industrial Zone;
(b) Any identification or business sign permitted above may be attached to the
face or roof of a building or structure or it may be a free-standing sign.
However, there shall be no overhanging encroachment onto the adjoining
sidewalk or street; and
(c) Advertising signs may be permitted as a conditional use subject to the
provisions of Section 9 of PART II and Section 14(2) of PART IV.
101
TABLE IX-III
SIGN REQUIREMENTS
Type of Sign
Maximum
sign
Surface
Area
Maximum
Sign
Height
Location
Council
Permission
Development
Permit
Free standing
a) Advertising
100 square
feet
30 feet
1 ft. from
site line
Conditional
Use
Yes
b) Bulletin Board
100 square
feet
15 feet
10 ft. from
site line
Not required
Yes
c) Identification
200 square
feet
30 feet
1 ft. from
site line
Not required
Yes
e) Business
Identification
200 square
feet
30 feet
1 ft. from
site line
Not required
Yes
e) Construction
32 square
feet
8 feet
1 ft. from
site line
Not required
No
f) Real Estate
32 square
feet
8 feet
1 ft. from
site line
Not required
No
g) Directional
5 square
feet
8 feet
1 ft. from
site line
Not required
No
h) Mobile Sign
64 square
feet
8 feet
1 ft. from
site line
Permission
Required
Yes
102
PARKING AND LOADING
7. (1)
Off-street parking spaces shall be provided on the same site as the main
building or use, in accordance with the following TABLE and subject to
Section 25 of PART IV:
TABLE IX-IV
PARKING REQUIREMENTS
USE
MINIMUM PARKING SPACES REQUIRED
Industrial or manufacturing
One (1) space for each five (5) employees
Wholesale
One 1) space for each four hundred (400) sq. ft. of
floor area used for wholesale purposes.
Warehouse or Outside Storage
One 1) space for each thousand (1,000) sq. ft. of
floor or storage area.
7. (3) Off-street loading spaces each thirty- (30) feet long, twelve (12) feet wide
and fourteen - (14) feet vertical clearance, having access to a lane or street, shall
be provided on the same site as the main building or use accordance with the
following Table:
TABLE IX-V
LOADING SPACE REQUIREMENTS
Floor Area of Building or Area of open
air storage (sq. ft.)
Minimum Loading Spaces Required
Up to and including 5000 sq. ft.
One (1) loading space
5001 to 15,000
Two (2) loading spaces
15,001 to 40,000
Three (3) loading spaces
Over 40,000 sq. ft.
Three (3) loading spaces plus one (1) space
for each additional 25,000 sq. ft. or portion
thereof.
103
PART X - REPEAL AND EFFECTIVE DATE
PAGE NO.
1. Repeal
104
2. Effective Date
104
104
PART X - REPEAL AND EFFECTIVE DATE
REPEAL
1.
By-law No. 15/90, being a By-law adopting The Town of Teulon Zoning
By-law, and all By-laws adopted from time to time amending said By-law
are hereby repealed.
EFFECTIVE DATE
2.
This By-law is hereby adopted and shall come into full force on, from, and
after the date on which it received third reading by Council.
DONE AND PASSED in Council duly assembled at the Town of Teulon, Manitoba
this 28 day of January A.D., 2003.
105
map
BY-LAW
NO.
COMMENTS
1.
8/06
From "AR" to "CH"
2.
11/12
From "MG" to "RG"
3.
5/14
From "RMH" to "RM"
4.
6/14
From "CH" to "RG"