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ZONING BY-LAW NO.
2769
!
Effective May 28, 2019
THE TOWN OF VIRDEN
ZONING BY-LAW
BEING SCHEDULE "A"
ATTACHED TO BY-LAW NO. 2769
OF
THE TOWN OF VIRDEN
TABLE OF CONTENTS
TOWN OF VIRDEN
Landmark Planning & Design Inc.
ZONING BY-LAW NO. 2769
Page No.
PART I
OPERATIVE AND INTERPRETIVE CLAUSES
1.0
Title and Contents
1
2.0
Non-Conforming Buildings, Structures, Lots and Uses
4
3.0
The Zoning District Maps
5
4.0
Approval Required for Development
7
5.0
Other Legislation
7
6.0
Definitions
8
7.0
Use Class Definitions
27
PART II
GENERAL ADMINISTRATIVE CLAUSES
8.0
Authority and Responsibility of the Designated Officer
41
9.0
Responsibilities of Council and the Planning Board
43
10.0
Duties of the Owner
44
11.0
Development Classes
44
12.0
Development Permit Application Submissions
46
13.0
Special Information Regulations
49
14.0
Conditions Attached to a Development Permit
50
15.0
Enforcement and Penalties
51
16.0
Rezoning Amendments
52
17.0
Conditional Uses
54
18.0
Variation Orders
56
19.0
Subdivisions
56
GENERAL DEVELOPMENT REGULATIONS
20.0
Applicability
57
21.0
Yards on Corner Lots and Double Fronting Lots
57
22.0
Projections into Yards
57
23.0
Objects Prohibited or Restricted in the RS-1 and RS-2: Residential Single
Family, RT: Residential Two Family, RM: Residential Multiple Family and RC:
Residential Comprehensive Zoning Districts
58
24.0
Fences and Hedges
58
25.0
Accessory Uses, Buildings and Structures
60
26.0
Lighting of Sites
65
27.0
Height
65
28.0
Access to Sites
65
29.0
Hard Surfacing of Parking and Loading Areas
66
30.0
Landscaping
67
TABLE OF CONTENTS
TOWN OF VIRDEN
Landmark Planning & Design Inc.
ZONING BY-LAW NO. 2769
Page No.
GENERAL DEVELOPMENT REGULATIONS
31.0
Moving of Structures
70
32.0
Parking
70
33.0
Signs
76
34.0
Off Street Loading
81
35.0
Excavation, Stripping and Grading
82
36.0
Performance Standards for Industrial Use Class Developments
83
37.0
General Performance Standards for Residential and Commercial Uses
85
38.0
Development Restricted
86
39.0
Streets
94
40.0
Connecting to Municipal Services
94
SPECIAL LAND USE REGULATIONS
41.0
Applicability
95
42.0
Vehicular-Oriented Uses
95
43.0
Home Occupations
96
44.0
Bed and Breakfast Homes
97
45.0
Planned Unit Developments
98
46.0
Private and Semi-Private Swimming Pools and Hot Tubs
102
47.0
Secondary Suites
102
48.0
Camping and Tenting Grounds
104
49.0
Yards Abutting Residential Zoning Limits
104
50.0
Boarding and Rooming House
106
51.0
Care Homes
106
52.0
Home Industries
107
53.0
Garden Suite
108
54.0
Project Accommodation or Temporary Project Accommodation
109
55.0 Cannabis Stores
110
PART III
ZONING DISTRICTS
56.0
Intent of Zoning Districts
110
57.0
Permitted and Conditional Uses
110
58.0
Bulk Regulations for Zoning Districts
110
ADDITIONAL REGULATIONS
59.0
For All Permitted and Conditional Uses
110
60.0
RS-1 and RS-2: Residential Single Family and RT: Residential Two Family
110
61.0
RM: Residential Multiple Family
111
62.0
RC: Residential Comprehensive
111
63.0
RMH: Residential Mobile Home
113
64.0
CC: Commercial Central
114
TABLE OF CONTENTS
TOWN OF VIRDEN
Landmark Planning & Design Inc.
ZONING BY-LAW NO. 2769
65.0
CH: Commercial Highway and CL: Commercial Linear
115
66.0
CN: Commercial Neighbourhood
116
67.0
MB: Industrial Business
117
68.0
MG: Industrial General
117
69.0
SL: Sensitive Lands
118
70.0
CR: Community Reserve
118
71.0
CRI: Commercial-Residential-Institutional
119
PART IV
ZONING MAPS
Map 1 - Zoning Districts
Map 2 - Downtown Heritage Business District
Reference Map 1 - 200 Year Flood Extent
APPENDICES
SECTIONS
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ZONING BY-LAW NO. 2769
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1. Title and Contents
1.1
Title
1)
This By-law may be cited as the Town of Virden Zoning By-law and shall
apply to all lands within the limits of the Town of Virden.
1.2
Intent and Purpose
The regulations established by this By-law are deemed necessary in order:
1)
To ensure general conformance with the objectives and policies of the
TransCanada West Planning District Development Plan.
2)
To outline the powers and duties of Town of Virden Council (Council), the
TransCanada West Planning District Planning Board (Planning Board), the
Designated Officer and the landowner and/or developer as they relate to this
By-law.
3)
To regulate the following:
a)
all buildings and structures erected hereafter;
b)
all uses or changes in use of all buildings, structures and land
established hereafter;
c)
all structural alterations or relocations of existing buildings and
structures occurring hereafter;
d)
the increase or decrease of the average grade of a site by 0.15 m
(0.50 ft.) or more in height; and
d)
all enlargements or additions to existing buildings, structures and
uses.
1.3
Regulation of Uses
1)
With the exception of Section 5.2 of this By-law, no land, building or
structure shall be constructed, enlarged, placed, used or occupied except for
a use that:
a)
is listed in the Zoning District clauses as:
i)
a permitted use development;
ii)
a conditional use development, subject to approval as such;
or
b)
is an accessory use, building or structure.
or
c)
is granted a use variance for a maximum of five (5) years as per the
Act.
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2)
There shall be a maximum of one dwelling unit per lot or parcel of land,
except for the following:
a)
Single Family Dwellings, Two Family Dwellings, Townhouse
Dwellings, Multiple Family Dwellings or Mobile Home Dwellings
as provided for in this By-law; and
b)
Mobile Home Dwellings in a mobile home park that has been
approved by Council.
3)
Where any land, building or structure is used for more than one purpose, all
provisions of the By-law relating to each use shall apply. Where there is a
conflict, the more restrictive regulations shall prevail, except as otherwise
approved by Council.
1.4
Contents of the By-law
The contents of this By-law include:
1)
Part I, comprising of Section 1.0 to Section 7.0, outlines the Operative and
Interpretive Clauses.
2)
Part II, comprising of Section 8.0 to Section 55.0, outlines the General
Administrative Clauses, General Development Regulations and Special
Land Use Regulations.
3)
Part III, comprising of Section 56.0 to Section 71.0, outlines the Zoning
District clauses.
4)
Part IV comprises the Zoning District Maps.
1.5
Headings and Titles
1)
Despite any other provision of this By-law or any other By-law passed by
Council to the contrary, headings and titles within this By-law shall be
deemed to form part of the text of this By-law.
1.6
Interpretation
1)
Words, phrases and terms defined herein shall be given the defined
meaning.
2)
Words, phrases and terms neither defined herein nor defined in By-laws of
the Town of Virden shall be given their usual and customary meaning
except where, in the opinion of Council, the context indicates a different
meaning.
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ZONING BY-LAW NO. 2769
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3)
The phrase used for includes arranged for; maintained for; designed for; or
occupied for.
4)
The provisions of this By-law shall be interpreted to be the minimum
regulations except where the abbreviation for, or word, maximum is used,
in which case the maximum regulation shall apply.
5)
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events connected by
the conjunctions and, or, or either-or, the conjunctions shall be interpreted
as follows:
a)
and indicates that all the connected items, conditions, provisions or
events shall apply;
b)
or indicates that all the connected items, conditions, provisions or
events may apply singly or in combination; and
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 to all instances or circumstances of the like
kind or character.
7)
Drawings and illustrations form part of this By-law and are provided to
assist in interpreting and understanding the By-law. Where any conflict or
inconsistency arises between a drawing or illustration and the text of the
By-law, the text governs.
8)
Where any requirement of this By-law results in a fraction of a unit, a
fraction of one-half or more is considered a whole unit and a fraction of
less than one-half, is disregarded.
9)
If a use is not specifically listed in the zones or deemed similar by the
Designated Officer as provided for in Section 7.0 4) of this By-law, the use
is not permitted.
1.7
Units of Measurement
1)
For convenience, this By-law contains both metric and imperial
measurements. In cases where a discrepancy occurs between the metric and
imperial standards, the imperial unit shall prevail.
1.8
Effective Date
1)
This By-law shall be in full force and effect when the Council of the Town
of Virden has given it Third Reading.
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1.9
Control of Development
1)
No development, other than that designated in Section 11.1, shall be
undertaken in the Town of Virden unless an application has been approved
and the development permit has been issued.
1.10
Relationship to Former By-laws
1)
The adoption of this By-law shall not prevent any pending or future legal
action to deal with any existing land use violations.
1.11
Validity
1)
Should a court of competent jurisdiction declare any Section or part of a
Section of this By-law invalid, the same shall not affect provisions of the
By-law as a whole or any part thereof beyond that which is declared invalid.
2. Non-Conforming Buildings, Structures, Lots and Uses
1)
When on or before the day on which this By-law or any By-law for the
amendment of it comes into force, a development permit has been issued,
and the enactment of the By-law would render the development in respect
of which the permit was issued a non-conforming building, structure, lot, or
use, the development permit continues in effect despite the enactment of the
By-law.
2)
Any lawful building or structure which does not conform to one or more of
the applicable yard regulations of the Zoning District in which it is located,
either on the effective date of this By-law or amendments thereto, shall be
deemed to be a permitted building or structure and shall be used as if it
conformed to all such regulations, in accordance with Section 2.0 (5) hereof.
3)
Any legal existing lot which does not conform to the minimum site area,
site width, front yard or access regulations hereof for the Zoning District
wherein it is located, shall be deemed to be a permitted lot and shall be used
as if it conformed to all such regulations, in accordance with Section 2.0 (5)
hereof.
4)
Any lawful use of a building, structure or lot, or portion thereof, which does
not conform to one or more of the applicable use regulations of the Zoning
District in which it is located, either on the effective date of this By-law or
amendments thereto, shall be deemed to be a permitted use and shall be used
as if it conformed to all such regulations, in accordance with Section 2.0 (5)
hereof.
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5)
A non-conforming use of land or a non-conforming use of a building may
be continued, but if that use is discontinued for a period of twelve
consecutive months or more, any future use of the land or building shall
conform to the provisions of this By-law.
6)
A non-conforming use of part of a lot shall not be extended or transferred
in whole or in part to any other part of the lot and no additional buildings
shall be erected upon the lot while the non-conforming use continues.
7)
A non-conforming use of part of a building shall not be extended throughout
the building and the building, whether or not it is a non-conforming building
shall not be enlarged or added to and no structural alterations shall be made
thereto or therein.
8)
A non-conforming building may continue to be used, but the building shall
not be enlarged, added to, rebuilt or structurally altered except:
a)
as may be necessary to make it a conforming building; or
b)
as the Designated Officer considers necessary for the routine
maintenance of the building.
9)
Where a building or structure that does not conform to the provisions of this
By-law or amendments thereto is destroyed or damaged to an extent that is
50.00 percent or more of the assessed value of the building or structure
above its foundation, the building or structure shall not be repaired or rebuilt
except in conformity with the provisions of this By-law.
10)
The use of land or the use of a building is not affected by change of
ownership, tenancy or occupancy of the land or building.
11)
Despite Section 2.0 (1) to Section 2.0 (10), as per The Planning Act a non-
conformity may be altered by way of variation order by Council.
12)
Any owner may apply to the Designated Officer for a Non-Conforming
Certificate in accordance with provisions of The Planning Act, and in so
doing, must provide adequate documentation to support the application.
3. The Zoning District Maps
1)
The Zoning District Maps are Part IV of this By-law, which divide the Town
of Virden into Zoning Districts and specifies regulations applying to
particular lands.
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3.1. Zoning District Boundaries
Should uncertainty or dispute arise relative to the precise location of the boundary
of any Zoning District, as depicted on the Zoning District Maps, the location shall
be determined by the following:
1)
Where a Zoning District boundary is shown as approximately following the
centre of streets, lanes or other public thoroughfares, it shall be deemed to
follow the centre line thereof.
2)
Where a Zoning District boundary is shown as approximately following the
boundary of a site, the site boundary shall be deemed to be the boundary of
the Zoning District for that portion of the Zoning District boundary which
approximates the site boundary.
3)
Where a Zoning District boundary is shown approximately following
Municipal limits, it shall be deemed to be following Municipal limits.
4)
Where a Zoning District boundary is shown as approximately following the
centre of pipelines, railway lines, or utility easements, it shall be deemed to
follow the centre line of the right-of-way thereof.
5)
Where a Zoning District is shown as approximately following a topographic
contour line or a top-of-bank line, it shall be deemed to follow the said line.
In the event of a change in the said line, it shall be deemed as moving with
that line.
6)
Where a Zoning District boundary is shown as being parallel to or as an
extension of features noted above, it shall be so construed.
7)
Where features on the ground are at variance with those shown on the
Zoning District Map or in other circumstances not mentioned above, the
Designated Officer shall interpret the Zoning District boundaries. Any such
decision may be appealed to Council.
8)
Where a Zoning District boundary is not located in conformity to the
provisions of Section 3.1 of this By-law, and in effect divides or splits a
registered parcel of land into more than one Zoning District:
a)
the disposition of the said boundaries shall be determined by
dimensions indicated on the Zoning District Maps or by
measurements directly scaled from the Zoning District Maps; and
b)
each such portion of the said parcel of land shall be used in
accordance with the applicable Zoning District regulations of this
By-law as if it were a separate site.
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3.2. Right-of-Way Boundaries
1)
Despite anything contained in this By-law, no Zoning District shall be
deemed to apply to any public roadway and any municipal public roadway
may be designed, constructed, widened, altered, redesigned and maintained
in such manner as may be determined by Council.
2)
Where any public roadway is closed pursuant to the provisions of The
Municipal Act, as amended, the land contained therein shall there upon be
deemed to carry the same Zoning District as the abutting land.
3)
Despite Section 3.2, where such abutting lands are governed by different
Zoning Districts, the centre line of the public right-of-way shall be deemed
to be the Zoning District boundary.
4. Approval Required for Development
1)
No person
a)
shall commence, or cause or allow to be commenced, a development
without a development permit which has been issued under the
provisions of this By-law; or
b)
shall carry on, or cause or allow to be carried on a development
without a development permit which has been issued under the
provisions of this By-law.
5. Other Legislation
5.1. Compliance
1)
A person applying for, or in possession of, a valid development permit is
not relieved from full responsibility for ascertaining and complying with or
carrying out development in accordance with:
a)
the regulations of the National Building Code as well as applicable
Municipal building regulations and Provincial building code
regulations;
b)
the TransCanada West Planning District Development Plan;
c)
any other appropriate Federal, Provincial or Municipal legislation;
and
d)
the conditions of any caveat, covenant, site plan, development
agreement, variation order or conditional use order, easement or
other instrument affecting a building or land.
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2)
Whenever provisions contained in any appropriate Federal, Provincial or
Municipal legislation impose overlapping regulations, laws or policies over
the use of land, buildings or structures, or contain any restrictions covering
any of the same subject matter contained herein, the most restrictive or
highest standard shall apply.
3
Whenever the provisions of a special agreement or development agreement
entered into between the Town of Virden and a developer impose
overlapping regulations over the use of land, buildings or structures, or
contain any restrictions covering any of the same subject matter contained
in this By-law, the most restrictive or highest standard shall govern.
4)
The Province of Manitoba and the Government of Canada are not bound or
restricted by any regulation of this By-law. The said governments are
encouraged, however, to permit only those developments that are consistent
with the regulations of this By-law.
5.2. Public Utilities and Services
1)
Nothing in this By-law shall be so interpreted as to interfere with the
construction, maintenance and operation of the facilities of any Public or
Private Utility Service or Protective and Emergency Service, as defined in
this By-law.
6. Definitions
Terms and words in this By-law as defined in the Act have the meaning expressed therein.
Other terms and words, unless the context otherwise requires, are defined below.
6.1. General Definitions
200 Year Flood means a flood that, on average, is statistically expected to happen once
in 200 years on average or more specifically, a flood with a 0.5% chance of occurring in
any given year."
Abut or abutting means immediately continuous to or physically touching, and when used
with respect to a site, means that the site physically touches upon another site or piece of
land, and shares a lot line or boundary line with it.
Accessory means, when used to describe a use, building or structure, said use, building or
structure is naturally or normally incidental, subordinate, and exclusively devoted to the
principal use or building, and located on the same lot or site.
Act, the means The Planning Act, being Chapter P80 of the Continuing Consolidation of
the Statutes of Manitoba, and amendments thereto.
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Alteration means a change or modification to an existing building, structure or use that,
unless otherwise provided for herein, does not increase the exterior dimensions with respect
to height and area.
Aquifer means a water bearing geological formation that is capable of producing water to
wells or springs in quantities that are economically useful.
Attached, when used in reference to a building, means a building otherwise complete in
itself, which is dependent for structural support, or complete enclosure, upon a wall or
walls shared in common with an adjacent building or buildings.
Basement means the portion of a building or structure which is wholly or partially below
grade, having above grade no more than 1.83 m. (6.00 ft.) of its clean height which lies
below the finished level of the floor directly above or being a minimum depth of 1.22 m.
(4.00 ft.).
Bedrooms means a habitable room located within a dwelling unit that is used primarily for
sleeping.
Bedroom Suites means a bedroom located within a dwelling unit that contains washroom
facilities for the exclusive use of the occupants thereof.
Blank Walls means exterior walls containing no windows, doors or other similar openings.
Buffer Strip means a strip of landscaping or vegetation used to provide a screen between
sites in order to mitigate objectionable features between them.
Building means any structure used or built for the shelter, accommodation or enclosure of
persons, animals, material or equipment.
Building Permit means a document authorizing erection, placement, alteration, addition
to or enlargement of a building issued pursuant to the Town of Virden Building By-law, as
amended. A development permit may include a building permit.
Bulk means the following:
a)
The size (including height and floor area) of buildings or structures;
b)
The size of the site (including area, width and depth of the 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 site;
c)
The location of exterior walls of buildings in relation to site lines, to other
walls of the same building or to other buildings; and
d)
All open area relating to buildings or structures and their relationship
thereto.
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Bulk Fuel Storage Tank means a tank used for the bulk storage of petroleum products or
other flammable liquids legally stored within a structure or establishment that is incidental
to the primary use of the site.
Caliper means the trunk diameter of a tree measured at a point 300.00 mm. (12.00 in.)
above the top of the root ball.
Caretaker means a person in charge of a building on a temporary or interim basis.
Composting means a designed and managed system to facilitate the process of aerobic
decomposition of organic matter by biological action.
Conditional Use Order means those uses of land, buildings or structures which may be
permitted in a particular Zoning District but only at the discretion of Council in accordance
with the Act.
Condominium means individual ownership of a unit in a multiple unit structure where
expenses common to all parties are shared as per The Condominium Act.
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.
Condominium Unit means a part of the land or building that is designated as a unit by the
condominium plan, and is comprised of the space enclosed by its boundaries and all
material parts of the land within this space at the time the condominium declaration and
plan are registered.
Construction or Constructed means the physical location, erection, increase or decrease
in size of any building or structure or ground including any excavation, building, drilling,
digging, alteration, addition, extension, location, relocation, demolition, replacement
and/or development.
Conversion means a change in use of land or a building or an act done in relation to land
or a building that results, or is likely to result, in a change in the use of such land or building
without involving major structural alterations.
Council means the Council of the Municipal Corporation of the Town of Virden.
Cultivated Land means land that is prepared and used for the growing of crops.
Curb Cutting means the cutting or lowering of a curb, sidewalk or boulevard, or any of
them, to provide a driveway for vehicular and pedestrian access to a site.
Density means the total number of dwelling units divided by the total area of land to be
developed, expressed in either gross hectares and/or acres.
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Deck means an unenclosed roofless amenity area adjoining a building.
Designated Officer means the person or persons appointed by the Council of the Town of
Virden to occupy the position of Designated Officer.
Development Permit means a permit issued by the Town of Virden authorizing
development, and may include a building permit and/or demolition permit.
Development Plan means the TransCanada West Planning District Development Plan
adopted by By-law and as amended.
Dwelling Unit means one or more self-contained rooms provided with sleeping and
cooking facilities, intended for domestic use, and used or intended to be used permanently
or semi-permanently as a residence for a household.
Dwelling Unit Area means the total floor area of the dwelling unit contained within the
outside surface of the exterior walls. This calculation shall exclude basement or other areas
that are below-grade.
Elevation, Lot Grade means either the elevation of the finished ground surface at any
specific reference point, at any point on the slope between two specific reference points on
a lot, or a combination thereof.
Enlargement means an addition to the floor area of an existing building or structure, or an
increase in that portion of a parcel of land occupied by an existing use.
Environmental Impact Statement means a study prepared in accordance with established
procedures to identify and assess the impacts of development on a specified feature or
system.
Extension means an increase in the amount of existing floor area used for an existing use,
within an existing building.
Family means one or more persons related by blood or marriage or common law marriage,
or group of not more than four persons who may not be related by blood or marriage
occupying a dwelling unit and living together as a single housekeeping unit.
Flood PrRWHFWed means the measures taken to ensure that a structure or building is safe
from the effects of flooding and includes: no openings of any kind such as windows,
doors and vents, or electrical meeting equipment etc. shall be permitted below the flood
datums.
Flood Protection Level means an elevation which is 0.67 m. (2.00 ft.) above the 1 in 200
year flood level or flood of record, whichever is greater.
Flood Risk Area means that land adjacent to a watercourse that is divided into two
parts: the floodway and the floodway fringe. The floodway includes the area where the
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of floodwaters pass. The floodway fringe includes the area outside the floodway that may
be subjected to periodic flooding or inundation of floodwaters.
Floor Area Ratio means the ratio of the gross floor area of a building to the area of the lot
on which the building is located. The gross floor area of the building excludes:
a)
basement areas used exclusively for storage or service to the building;
b)
parking areas below grade, and
c)
floor areas devoted exclusively to mechanical or electrical equipment
servicing the development, divided by the area of the site.
The diagram below illustrates how a floor area ratio of 1:1 may be reached in three different
ways.
Figure 1:
Floor Area Ratio
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Frontage means all that portion of a site fronting on a street and measured between side
lot lines.
M.D.S.Development Ltd.
R.G.Gotini
Lane
M.D.S. Ltd.
W.G.Martinski
Lane
J.Doe
City
Property
Figure 2:
Frontage
Fuel Tank Storage means a tank for the bulk storage of petroleum products or other
inflammable liquids which are being legally kept in a retail store or storage tank which is
incidental to the primary use of the premises.
Garage means an accessory building, or part of a principal building designed and used
primarily for the storage of motor vehicles and includes a carport.
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Grade, Building Lot means the lot grade elevation of the finished ground surface
immediately adjacent to the foundation of a building.
Figure 3:
Established Grade of a Building
Groundwater means water below the surface of the ground.
Habitable Room means any room in a dwelling other than a non-habitable room.
Height means, when used with reference to a building or structure, the vertical distance
between the horizontal plane through grade and a horizontal plane through:
a)
the highest point of the roof in the case of a building with a flat roof or a
roof having a slope of less than 20.00 degrees; and
b)
the average level between eaves and ridges in the case of a pitched, gambrel,
mansard or hipped roof, or a roof having a slope of more than 20.00 degrees,
provided that in such cases the ridge line of the roof shall not extend more
than 1.52 m. (5.00 ft.) above the maximum permitted building height of the
Zoning District.
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Flat Roof
Hip
Gable
Gambrel
Roof
Mansard
Roof
Figure 4:
Height of Buildings
Household means one person or two or more persons voluntarily associated, plus any
dependents, living together as an independent, self-governing single housekeeping unit.
Institution means a building or part of a building used for a Residential-Related purpose
by an organized body or society for promoting a particular object or cause, but does not
include Private Clubs.
Kitchen means facilities for the preparation r cooking of food and includes any room
containing counters, cabinets, plumbing, appliances or wring which taken together, may be
intended or used for the preparation or cooking of food.
Landscaping means any combination of trees, shrubs, flowers, grass or other horticultural
elements, decorative stonework, paving, screening or other architectural elements, all of
which are designed to enhance the visual amenity of a site or to provide a screen between
sites in order to mitigate objectionable features between them.
Livestock means animals or poultry not kept exclusively as pets, excluding bees.
Loading Space means an off-street space or berth on the same site with a building, or
contiguous with a group of buildings, for the temporary parking of a commercial vehicle
while loading or unloading merchandize or materials, and which abuts upon a street, lane
or other appropriate means of access.
Lot, Corner means a lot located at the intersection of two public roadways, the interior
angle of such intersection not exceeding 135.00 degrees.
Lot, Flag means a lot so shaped and designed that the main building site area is set back
from the street on which it fronts and includes an access strip connecting the main building
site with the frontage street.
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Lot, Interior means any lot other than a corner lot or through lot.
Figure 5:
Lot Types
Lot, Through (also referred to as a Double Fronting Lot) means a lot having a pair of
opposite lot lines along two streets. On a through lot, both street lines shall be deemed
front lot lines.
Lot Line, Front means the property line a lot abutting public roadway other than a lane.
In the case of a corner lot, the front lot line is the shorter of the lot lines abutting a public
roadway.
Lot Line, Rear means either the lot line which is furthest from and opposite the front lot
line, or, where there is no such lot line, the point of intersection of any side lot lines which
is furthest from and opposite the front lot line.
Lot Line, Side means the property line of a lot other than a front lot line or rear lot line.
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Street
Figure 6:
Lot Lines
Manufactured and/or Mobile Home Dwelling means a building or structure
prefabricated or factory built in one or two sections that is constructed on a chassis, may
or may not be equipped with wheels, is designed to be moved from one place to another,
provides self-contained year-round residential accommodation, is complete and ready for
occupancy when placed on the site except for incidental connection to utilities, and is built
to the CSA Z240 Standard. This does not apply to modular homes.
Mobile Home Park means a parcel or land under one ownership upon which mobile home
spaces are provided for rent or lease and have been approved by Council.
Mobile Home Site means a site in a mobile home subdivision that may be purchased for
the placement of a mobile home.
Mobile Home Subdivision means a parcel of land subdivided into mobile home sites that
may be sold for the placement of mobile homes.
Modular Home Dwelling means a prefabricated or factory-built frame or shell which
comprises the wall or siding of a proposed dwelling. More specifically, a modular unit
represents only a section of the dwelling and such a unit has neither a chassis, running gear,
nor its own wheels, but units may be stacked side-by-side or vertically, and completed to
form one or more complete units for year-round occupancy.
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Motor Home means a certified and licensed vehicular structure, as defined in The Highway
Traffic Act that is used as temporary accommodation for recreational purposes and being
independent of Municipal sewer, water and electrical services.
Municipal Engineer means the Municipal Engineer as appointed by Council for the Town
of Virden.
Municipality means the Town of Virden.
Non-Habitable Room means a space in a dwelling unit providing a service function and
not intended primarily for human occupancy, including bathrooms, entryways, corridors,
or storage areas.
Nuisance means anything that interferes with the use or enjoyment of property, endangers
personal health or safety, or is offensive to the senses.
Occupancy means the use or intended use of a building or part thereof for the shelter or
support of persons, animals or property.
Occupancy Permit means permission or authorization issued in writing pursuant to
applicable zoning regulations, to occupy any building or part thereof, in the Town of
Virden.
Offensive or objectionable means, when used with reference to signage, lighting or a
development, a use which by its nature, or from the manner of carrying on the same, creates
or is liable to create by reason of noise; vibration; smoke; dust or other particular matter;
odour; toxic or non-toxic matter; radiation hazards; fire or explosive hazards; heat; glare;
unsightly storage of goods, materials, salvage, junk, waste or other materials, a condition
which in the opinion of Council may be or become hazardous or injurious as regards health
or safety, or which adversely affects the amenities of the neighbourhood, or interferes with
or may interfere with the normal enjoyment of any land, building or structure.
Off-Road Vehicle means any wheeled or tracked motor vehicle designed or adapted for
cross-country travel on land, water, ice, snow, marsh or swamp land or other natural terrain,
and includes motorcycles, all-terrain vehicles, mini-bikes, dirt-bikes and trail-bikes, dune
or sport buggies, snowmobiles, and amphibious vehicles.
Oriel Windows means a type of bay or bow window that projects out from an upper storey
of a dwelling unit.
Outdoor Storage means the storage of merchandise, goods, inventory, materials or
equipment or other items that are not intended for immediate sale, by locating them outside.
Owner means a person who appears by the records of the Land Titles Office to have any
right, title, estate or interest in land and includes the agent of such a person in possession
or occupation of the land with the express or implied consent of the owner.
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Parcel of Land means the aggregate of all land described in any manner in the certificate
of title.
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.
Passenger Vehicles means a motor vehicle that is designed, constructed or adapted for the
principal purpose of transporting passengers, but excludes off-road, motor home, trailer,
travel trailer and truck vehicles.
Patio means a paved area adjoining a building.
Performance Standard means a standard 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.
Pollution means the presence of foreign substances that adversely affect the natural
constituents of the air, water or soil.
Principal (Main) Building means any building on a site that contains permitted principal
uses, as opposed to:
a)
buildings that contain only accessory or incidental uses; and,
b)
buildings that contain only storage or operational functions in support of
principal uses located in other buildings.
Ready-To-Move Dwelling means a method of constructing a dwelling unit whereby all of
its component parts have been assembled in an off-site manufacturing facility and
transported to a site where it is anchored to a permanent foundation.
Repair means the renewal or reconstruction of any part of an existing structure for the
purpose of its maintenance or restoration.
Runway means a defined rectangular area on a land aerodrome prepared for the landing
and take-off of aircraft along its length.
Runway Strip means a rectangular area extending 30.48 m. (100.00 ft.) on either side of
the runway and 60.96 m. (200.00 ft.) beyond the ends of the runway.
Separation Distance means a distance to be maintained between two uses, measured from
the nearest points of any structure or areas upon which the uses are located.
Separation Space means open space around dwellings separating them from adjacent
buildings or activities, and providing daylight, ventilation, and privacy.
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Setback means the distance that a development or a specified portion of it must be set back
from a lot line.
Site means an area of land consisting of one or more abutting lots.
Site Coverage means the combined area of all buildings or structures on the site as a
percentage of the site area, measured at the level of the lowest storey above the grade,
including all enclosed and insulated decks, sunrooms, porches and verandas, but excluding
seasonal non-insulated structures, open or covered, such as decks, screened porches or
verandas, patios at grade, steps, uncovered walks, wheelchair ramps, cornices, eaves and
similar projections.
Site Depth means the average horizontal distance between the front and rear lot lines of
the site.
BAY
STREET
Figure 7:
Site Depth
Site Plan means a map or series of maps drawn to scale showing some or all of the
following information: proposed and existing buildings, structures, alterations and
additions, roads, walkways, landscaping, parking areas, stacking spaces, loading spaces,
vegetation, buffer strips, elevations, areas to be raised by fill, grade level, physical features
of the site and other relevant information as may be required by the Designated Officer or
Council for any proposed development.
Site Width means the horizontal distance between the side lot lines of a site, measured at
right angles to the site depth at a point midway between the front and rear lot lines, or at
15.24 m. (50.00 ft.) from the front lot line, and the lesser of these distances is the site width.
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STREET
LANE
Figure 8:
Site Width
Sleeping Unit means a habitable room, or a group of two or more habitable rooms, not
equipped with self-contained cooking facilities, providing accommodation for not more
than two persons.
TransCanada West Planning District Board means the TransCanada West Planning
District Board as established under the Act.
Stacking Space means an on-site queuing area for a passenger vehicle that is separated
from other vehicular traffic and pedestrian circulation by barriers, markings or signs.
Storey means that portion of a building which is situated between the top of any floor and
the top of the floor next above it. If there is no floor above, the storey is the portion of the
building which is situated between the top of any floor and the ceiling above it. If the top
of the floor directly above a basement is more than 1.83 m. (6.00 ft.) above grade, such
basement shall be considered a storey for the purpose of this By-law.
Storey, Half means a storey under a gable, hip, or gambrel roof, the wall plates of which,
on at least two opposite walls, are not more than 0.66 m. (2.17 ft.) above the floor of such
storey.
Street means a public roadway having a right-of-way at least 10.06 m. (33.00 ft.) in width
that affords the principal means of access to abutting land.
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Structure means anything that is erected, built or constructed of parts joined together or
any such erection fixed to or supported by the soil or by any other structure.
Surface Water means any body of flowing or standing water, whether naturally or
artificially created, including but not limited to a lake, river, creek, spring, drainage ditch,
roadside ditch, reservoir, swamp, wetland and marsh, including ice on any of them, but not
including a dugout on the property of an agricultural operation.
Temporary Buildings and Uses means an incidental use, building or structure for which
a development permit has been issued for a limited time only as determined by the
Designated Officer.
Traffic Generation means the volume of vehicular traffic generated over a prescribed area
within a prescribed time frame, which can be directly attributed to a particular development
or geographic area.
Trailer means a vehicle designed for carrying chattels, and for being towed by a motor
vehicle.
Travel Trailer means a certified and licensed portable vehicle designed for carrying
persons as temporary accommodation for recreational purposes that is towed by a motor
vehicle.
Truck means a motor vehicle that is constructed or adapted to carry goods, wares,
merchandise, freight or commodities, but not passengers.
Use means the purpose or activity for which a piece of land or its buildings are designed,
arranged, developed or intended, or for which it is occupied or maintained.
Variation Order means the altering of any of the regulations found in this By-law in
accordance with the Act.
Watercourse means the channel in or bed on which surface water flows or stands, whether
continuously or intermittently, but does not include a dugout, reservoir, intermittent slough,
drainage ditch or intermittent stream that is completely surrounded by private land
controlled by the owner or operator of an agricultural operation and that has no outflow
going beyond the private land.
Yard means required open space that is unoccupied by any building or structure and
unobstructed from its lowest level to the sky, unless otherwise permitted in this By-law.
Yard, Front means a yard extending all the full length of the front lot line between the
side lot lines. All front yard regulations found in this By-law shall be measured from the
front lot line.
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Yard, Rear means a yard extending along the full length of the rear lot line from the front
yard to the rear yard.
Yard, Side means a yard extending along the side lot line from the front yard to the rear
yard.
c
b
a
Side Yard
Rear Yard
c
b
a
Street
c
Figure 9:
Yards
Zoning District means a Section contained in Part II of this By-law which regulates the
use and development of land as depicted on the Zoning District Map comprising Part IV
of this By-law.
6.2. Sign Definitions
Terms and works used in this By-law regarding the regulations of signs, unless the context
otherwise requires, are defined as follows:
Abandoned Sign means any sign which no longer correctly identifies a business or the
products and services offered on the site where the sign is located, or any sign which is not
in a readable state.
Animated Sign means any sign or portion of a sign having moving parts or electronically
controlled colour changes which depict action or give motion to the sign.
Awning Sign means a non-illuminated sign painted or stencilled on the fabric surface of a
shelter supported entirely from the exterior wall of a building and designed to be
collapsible, retractable or capable of being folded against the wall or supporting building.
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Business Identification Sign means a sign identifying the name, dealer, franchise,
association, primary function, product or service of the commercial activity conducted on
the premises, and may include local advertising and changeable copy.
Sandwich or
Folding Sign
BILLBOARD
Figure 10:
Types of Signs (Mobile, Sandwich, Billboard)
Canopy Sign means a sign attached to, or forming part of, a permanent building projecting
or fixed structural framework which extends outward from the exterior wall of a building
and which may be roofed over or covered to provide protection over the entrance to a
building.
Copy means the letters, graphics or characters which make up the message on sign face.
Copy Area means the total area within one or more rectangles which enclose the entire
limits of the copy.
Directional Sign means on premise or off-site signs providing direction to pedestrian or
vehicular traffic without advertising copy, except a business logogram.
Electric Sign means any sign containing electrical wiring or lights built into the sign face
which are intended for connection to an electrical energy source.
Fascia Sign means any sign painted on or attached to an exterior building wall so that the
sign does not extend more than 40.00 cm. (15.75 in.) out from the wall or beyond the
horizontal limits of the wall.
Free Standing Sign means any sign supported independently of a building and
permanently fixed to the ground.
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General Advertising Sign means a sign which directs attention to a business, activity,
product, service or entertainment which cannot be considered as the principal products sold
nor a principal business, activity, entertainment, or service provided on the premises where
the sign is displayed, and general advertising has a similar meaning.
Height (sign) means the vertical distance measured from the finished ground surface
directly under the sign to the highest point of the sign.
Heritage Sign means a sign within the Designated Downtown Heritage Business District
which require unique heritage sign details.
Identification Sign means a sign which contains only the name and address of a building,
institution or person and the activity carried on in the building or institution, but does not
include any other advertising copy.
Illuminated Sign means any sign having only steady illumination of the same intensity by
artificial means, either from lighting directed on the sign face or from a light source located
within the sign which is transmitted through a transparent or translucent sign face.
Mural Sign means a non-illuminated sign painted on the exterior wall of a building which
enhances the visual appearance of the building and does not include business identification
or general advertising.
ROOF SIGN
Facial
Wall
SIGN
PROJECT
S
I
G
N
ING - PROJECTING -
PROJECT
ING - PROJECTING -
FREE
SIGN
STAN
DING
Figure 11:
Types of Signs (Ground, Roof, Fascia, Projecting)
Official Sign means a sign required by, or erected pursuant to, the provisions of Federal,
Provincial or Municipal legislation.
Portable Sign means a sign greater than 0.50 sq. m. (5.38 sq. ft.) in area that is mounted
on a stand or other support structure other than a stationary trailer and is designed in such
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a manner that the sign can readily be relocated to provide advertising at another location
or readily taken on and off a site, and may include copy that can be changed manually
through the use of attachable characters, message panels or other means.
Projecting Sign means any sign, except a canopy sign, which is supported by an exterior
building wall and projects outward from the building wall by more than 40.00 cm. (15.75
in.).
Real Estate Sign means a sign displaying real estate copy.
Roof Sign means any sign erected upon, against, or above a roof, or on top of or above,
the parapet of a building.
Sign means any visual medium, including its structure and other component parts,
illuminated or not illuminated, which is used or capable of being used, on a permanent or
temporary basis, to identify or convey information, or to advertise or attract attention to a
product, service, place, activity, person, institution or business. Without limiting the
generality of the foregoing, signs shall include banners, placards, and painted messages.
Sign Alteration means any modification of a sign or supporting structure, excluding the
routine maintenance or repainting of a sign or changing the copy on signs specifically
designed for this purpose.
Sign Area means the entire area of the sign on which copy is intended to be placed. In the
case of double-faced or multi-faced sign, only half of the area of each face of the sign used
to display advertising copy shall be used in calculating the total sign area.
Sign Structure means any structure which supports a sign, including materials used to
conceal or improve the visual appearance of the structural parts.
Temporary Sign means a sign which is not permanently anchored to a footing extending
below grade or permanently affixed to, or painted on, a building and on which the copy has
been painted or affixed in a permanent manner. The copy on the sign shall relate to an
activity, use or event of limited time duration not exceeding six months. Temporary signs
include such signs as political campaign signs, real estate signs, construction identification
signs, signs identifying seasonal businesses, signs advertising specific community events,
and signs providing temporary identification for developments awaiting installation of a
permanent sign. For the purpose of this By-law, temporary signs shall include sandwich
and folding signs but not portable signs.
Warning Sign means an on premise sign providing a warning to the public, including such
signs as No Trespassing or Private Driveway signs.
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7. Use Class Definitions
1)
The Use Classes group individual land uses into a specified number of classes, with
common functional or physical impact characteristics.
2)
The Use Classes of this Section are used to define the range of uses which are
permitted or conditional within the various Zoning Districts of this By-law.
3)
The typical uses which may be listed in the definitions are not intended to be
exclusive or restrictive. Reference should be made to the definition of the Use
Class in determining whether or not a use is included within a particular Use Class.
4)
Where a specific use does not conform to the wording of any Use Class definition
or generally conforms to the wording of two or more Use Class definitions, the
Designated Officer may deem that the use conforms to and is included in that Use
Class which he/she considers to be the most appropriate in character and purpose.
In such a case, this use shall be considered a conditional use, whether or not the
Use Class is listed as either a permitted use or conditional use within the applicable
Zoning District.
7.1. Residential Use Classes
Institutional Residence means a premise which is intended for the training, treatment,
rehabilitation, housing, care and/or supervision of seniors. This Use Class includes nursing
homes, personal care homes, residential care homes, attached housing and rehabilitation
homes.
Mobile Home Dwelling means a dwelling unit designed for transportation after
fabrication, whether on its own wheels or on a flatbed or other trailer, and which arrives at
the site where it is to be occupied as a dwelling complete and ready for occupancy, being
on the site on wheels, jacks or similar supports, or on a permanent foundation, and having
been built in accordance with CSA building regulations and The Buildings and Mobile
Homes Act. For the purpose of this By-law, the removal of the wheels or permanent or
semi-permanent attachment of a foundation to a Mobile Home Dwelling shall not change
the classification.
Multiple Family Dwelling means a building containing three or more dwelling units, but
may include less than three units when located above a commercial building. Each
dwelling unit shall be designed for and used by one family.
Planned Unit Development (Residential) means an area of land used primarily for
residential purposes under single ownership or control but including multiple home owners
who share the use and financial responsibility of common areas.
Single Family Dwelling means a development consisting of a building containing only
one dwelling, which is separate from any other dwelling or building. This Use Class
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includes a manufactured home dwelling, ready-to-move dwelling and modular home
dwelling, but not a Mobile Home Dwelling.
Transported Dwelling means a previously occupied dwelling located within or outside
the boundaries of the Town of Virden that is transported to a site located within the Town
of Virden.
Two Family Dwelling means a building containing two dwelling units, each designed and
used or intended to be used by one family.
7.2. Residential-Related Use Classes
Bed and Breakfast Home means a principal dwelling where sleeping accommodation
with or without light meals is provided to members of the travelling public for
remuneration.
Boarding or Rooming House means a building or portion thereof within a single-family
dwelling or two family dwelling, where the homeowner supplies sleeping accommodation
and where meals may be provided, and where no cooking facilities are present in any
individual sleeping room or accommodation.
Care Home means development consisting of a use of a building as a facility which is
recognized, authorized, licensed or certified by a public authority as a
social
care
facility intended to provide room and board for foster children or disabled persons, or for
persons with physical, mental, social or behavioral problems, and which may be for the
personal rehabilitation of the residents either through self-help or professional care,
guidance and supervision.
Garden Suite means a temporary dwelling unit on the same site as a Single-Family
Dwelling.
Home Industry means an industry or profession carried out in a building accessory to a
dwelling as a secondary use generally in keeping with the trade or calling of the occupant.
Home Occupation means an occupation, trade, profession or craft carried on, in or from a
dwelling unit or its accessory building for consideration and which is clearly incidental or
accessory to the residential use of the dwelling unit.
Project Accommodation means a residential complex used to house camp workers by
various contracting firms on a temporary basis, and without restricting the generality of the
above, the camp is usually made up of a number of mobile units, clustered in such a fashion
as to provide sleeping, eating, recreation, and other basic living facilities. The units may
be dismantled and removed from the site from time to time.
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Staff Accommodation means a residential building or buildings
containing
dwelling
units which are used to house support staff for the operation of a commercial
or
industrial facility on the same site as that use.
Secondary Suite means a rental dwelling unit that is accessory to the existing principal
dwelling on a property. A Secondary Suite has cooking, food preparation, sleeping, and
bathing facilities which are separate from those of the principal dwelling on the single-
family dwelling lot. Secondary Suites can either be a suite located within the principal
dwelling, a ground level suite detached from the principal dwelling or a suite located
above a detached garage.
Temporary Project Accommodation means a temporary residential complex used to
house camp workers by various contracting firms on a temporary basis of more than 28
days and less than one (1) year. The camp is usually made up of a number of mobile units,
clustered in such a fashion as to provide sleeping, eating, recreation, and other basic living
facilities.
7.3. Commercial Use Classes
Aircraft Landing Field means any area of land or water that is used or intended for a 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, including taxiways, aircraft
storage and hangars.
Airport and Associated Facilities means land or water which is used or intended for the
landing or take-off of aircraft and any associated areas which are used or intended for use
for airport buildings or other airport facilities or right-of-ways including taxi-ways, aircraft
storage and hangers.
Amusement Establishment means a facility within any building, room or area having able
games or electronic games played by patrons for entertainment. This Use Class includes
arcades but does not include Carnivals or Indoor Participant Recreation Services.
Animal Hospitals and Shelters means a development used for the temporary
accommodation and care or impoundment of small animals within an enclosed building.
This Use Class does not include Small Animal Breeding and Boarding Establishments.
Auctioneering Establishment means a development specifically intended for the
auctioning of goods and equipment, including temporary storage of such goods and
equipment.
Automotive and Equipment Repair Shop means a development used for the servicing
and mechanical repair of automobiles, motorcycles, snowmobiles and similar vehicles or
the sale, installation or servicing of related accessories and parts. This Use Class includes
transmission shops, muffler shops, tire shops, automotive glass shops, and upholstery
shops, but does not include body repair and paint shops.
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Automotive and Recreational Vehicle Sales means the retail sale or rental of new or used
automobiles, motorcycles, snowmobiles, tent trailers, utility trailers, boats, travel trailers
or similar light recreational vehicles or crafts, together with incidental maintenance
services and sale of parts. This Use Class includes automobile dealerships, car rental
agencies and motorcycle dealerships.
Broadcasting and Motion Picture Studio means a development used for the production
or broadcasting of audio and visual programming typically associated with radio, television
and motion picture studios.
Building Material Sales means a development used for the wholesale or retail sale of
goods related to the construction of buildings.
Business Support Service means a development used to provide support services to
businesses which are characterized by one or more of the following features: the use of
minor mechanical equipment for printing, duplicating, binding or photographic processing,
the provision of office maintenance or custodial services, the provision of office security,
and the sale, rental, repair or servicing of office equipment, furniture and machines.
Typical uses include printing establishments, film processing establishments, janitorial
firms and office equipment sales and repair establishments.
Cannabis Store means the premises specified in a retail cannabis license where the local
sale of cannabis is authorized in accordance with the Safe and Responsible Retailing of
Cannabis Act.
Car Broker means a development used for the retail purchase and sale of used passenger
vehicles from a single detached dwelling unit. The Use does not include Automotive and
Equipment Repair Shops, Automotive and Recreational Vehicle Sales and/or Convenience
Vehicle Rentals.
Carnival means a temporary use of land, buildings or structures for the purpose of
providing or locating facilities for commercial entertainment and participatory amusement
activities, including games and rides, and includes circuses and midways.
Commercial School means a development used for training and instruction in a specific
trade, skill or service for the financial gain of the individual or company owning the school.
Typical uses include secretarial, business, hairdressing, beauty culture, dancing or music
schools.
Convenience Retail Store means a development used for the retail sale of those goods
required by area residents or employees on a day-to-day basis, from business premises
which do not exceed 275.00 sq. m. (2,960.17 sq. ft.) in gross floor area. Typical uses
include small food stores, drug stores, and variety stores, selling confectionary, tobacco,
groceries, beverages, pharmaceutical and personal care items, hardware or printed matter.
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Convenience Vehicle Rentals means a development used for the rental of new or used
automobiles, light trucks and utility trailers. This Use Class includes those establishments
which are not strictly office in nature, but include, as an integral part of the operation, minor
vehicle servicing, storing, fuelling or car washing facilities.
Custom Manufacturing Establishment means a development used for small-scale on-
site production of goods from business premises which do not exceed 750.00 sq. m.
(8,073.20 sq. ft.) in gross floor area and have fewer than five production employees.
Drive-Through Food Service means a development used for eating and drinking which
offer a limited menu produced in a manner that allows rapid customer service and include
one or more of the following features: car attendant services; drive-through food pickup
services; or parking primarily intended for the on-site consumption of food within a motor
vehicle.
Dry Cleaning Establishment means a building, or part thereof, where dry cleaning, dye
drying, cleaning, or pressing of articles or goods of fabric is performed, and in which
only non-combustible and non-flammable solvents are used, emitting no odours, fumes,
noise, or vibration which would cause a nuisance or inconvenience within or outside the
premises.
Eating and Drinking Establishment means the sale to the public of prepared foods, for
consumption within the premises or off the site. This includes licensed drinking
establishments, restaurants, cafes, delicatessens, tearooms, banquet catering, lunchrooms,
and take-out restaurants. This Use Class does not include drive-in food services which
provide services to customers who remain in their vehicles, refreshment stands, take-out
windows where service is provided to customers on the outside, or mobile catering food
services.
Equipment Rentals and Sales means a development used for the rental of tools,
appliances, recreation craft, office machines, furniture, light construction equipment not
exceeding 15,000 kg. gross vehicle weight, or similar items.
Fleet Service means a development using a fleet of vehicles for the delivery of people,
goods or services, where such vehicles are not available for sale or long-term lease. This
Use Class includes ambulance services, taxi services, bus line, messenger and courier
services.
Funeral Service means a development used for the preparation of the dead for burial or
cremation, and the holding of funeral services. This Use Class includes funeral homes,
undertaking establishments and includes cremation and interment services.
Gas Bar means a development used for the retail sale of gasoline, other petroleum
products, and incidental auto accessories. This Use Class does not include Service
Stations.
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General Contractor Service means a development used for the provision of building
construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing,
paving, road construction, sewer or similar services of a construction nature which require
on-site storage space for materials, construction equipment or vehicles normally associated
with the contractor service. Any sales, display, office or technical support service areas
shall be accessory to the principal Contractor Services Use only.
General Retail Store means a development used for the retail sale of groceries, beverages,
household goods, furniture and appliances, hardware, printed matter, confectionary,
tobacco, pet sales and grooming, pharmaceutical and personal care items, automotive parts
and accessories, office equipment, stationary and similar goods from within an enclosed
building. Minor public services, such as postal services and film processing depots are
permitted within general retail stores. This Use Class includes Convenience Retail Stores
but does not include developments used for the sale of gasoline, heavy agricultural or
industrial equipment, pawn shops, massage parlours, adult entertainment establishments or
adult video rental or sales stores.
General Storage means a development used exclusively for temporary indoor or outdoor
storage of goods, materials and merchandise. This Use Class does not include vehicle
storage compounds, automobile wrecking yards, salvage yards, scrap metal yards, or the
storage of hazardous goods or waste.
Greenhouse, Plant and Tree Nursery means a development used primarily for the
raising, storage and sale of bedding, household and ornamental plants.
Health Service means a development used for the provision of physical and mental health
services on an outpatient basis. Services may be of a preventive, diagnostic, treatment,
therapeutic, rehabilitative or counselling nature. Typical uses include medical and dental
offices, health clinics and counselling services.
Hotel means a development used for the provision of rooms or suites for temporary
sleeping accommodation where the rooms have access from a common interior corridor
and are not equipped with individual kitchen facilities. Hotels may include accessory
Eating and Drinking Establishments, meeting rooms and Personal Services Shops.
Household Repair Service means a development used for the provision of repair services
to goods, equipment and appliances normally found within a dwelling unit. This Use Class
includes radio, television and appliance repair shops, furniture refinishing and upholstery
shops.
Mini-Warehouse and Self-Storage means an enclosed facility that provides storage space
to the general public on a for-hire basis. No other business or service may be allowed to
operate out of a rented storage space.
Mobile Catering Food Service means a development using a fleet of vehicles for the
delivery and sale of food to the public.
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Mobile Food Vehicle mean a motorized vehicle or towed vehicle designed and equipped
to serve food. This includes food cooked and prepared for vending and commissary-
prepared, ready-to-eat or packaged foods in individual servings.
Motel means a development used for the provision of rooms or suites for temporary
lodging or light housekeeping, where each room or suite has its own exterior access.
Motels may include accessory Eating and Drinking Establishments and Personal Service
Shops.
Non-Accessory Parking means a development providing vehicular parking which is not
primarily intended for the use of residents, employees or clients of a particular
development. Typical uses include surface parking lots and parking structures located
above or below grade.
Outdoor Amusement Establishment means a permanent development providing
facilities for entertainment and amusement activities which primarily take place out-of-
doors and where patrons are primarily participants. Typical uses include amusement parks,
go-cart tracks and miniature golf establishments.
Outdoor Food Cart mean a mobile vending cart, pushcart or trailer that is not motorized
or attached to a vehicle for towing, and that does not exceed 3.50 m. (10.0 ft.) in length,
1.22 m. (4.0 ft.) in width or 2.44 m. (8.0 ft.) in height.
Personal Service Shop means a development used for the provision of personal services
to an individual which are related to the care and appearance of the body, or the cleaning
and repair of personal effects. This Use Class includes barbershops, hairdressers, beauty
salons, tailors, dressmakers, shoe repair shops, and laundromats.
Pet Cemetery means a development of a parcel of land for the burial of household pets as
determined by the Designated Officer.
Planned Unit Development (Commercial) means an area of land used for commercial
purposes under single ownership or control but including multiple business owners who
share the use and financial responsibility of common areas.
Professional, Financial and Office Support Service means a development primarily used
for the provision of professional, management, administrative, consulting, and financial
services. Typical uses include the offices of lawyers, accountants, engineers, and
architects; offices for real estate and insurance firms; clerical, secretarial, employment,
telephone answering, and similar office support services; and banks, credit unions, loan
offices and similar financial uses.
Rapid Drive-Through Vehicle Service means a development providing rapid cleaning,
lubrication, maintenance or repair services to motor vehicles, where the customer typically
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remains within his vehicle or waits on the premises. Typical uses include automatic or
coin operated car washes, rapid lubrication shops, or speciality repair establishments.
Recycling Depot means a development used for the buying and temporary storage of
bottles, cans, newspapers and similar household goods for reuse where all storage is
contained within an enclosed building. This does not include auto wreckers.
Service Station means the servicing, washing and repairing of vehicles; and the sale of
gasoline, other petroleum products and a limited range of vehicle parts and accessories.
Service Stations may include Eating and Drinking Establishments.
Shopping Centre means a planned unit development consisting of a building or group of
buildings designed, developed, owned and managed as a unit by a single owner or tenant,
or group of owners or tenants, containing three or more separated spaces for lease or
occupancy of commercial uses.
Small Animal Breeding and Boarding Establishment means a development used for the
breeding, boarding or training of small animals normally considered as household pets.
Typical uses are kennels and pet boarding establishments.
Spectator Entertainment Establishment means a development providing facilities
within an enclosed building specifically intended for live theatrical, musical or dance
performances; or the showing of motion pictures. Typical uses include auditoria, cinemas,
and theatres.
Tattoo Parlour means an establishment which specializes in placing decorative designs
or marks upon or under the skin of any person by means of needles or other instruments.
Truck and Mobile Home Sales and/or Rentals means a development used for the sale or
rental of new or used trucks, motorhomes, mobile homes, and automobiles, together with
incidental maintenance services and the sale of parts and accessories. Typical uses include
truck dealerships, recreation vehicle sales and mobile home dealerships.
Trucking Operation means the use of land, buildings or structures for the purpose of
storing, servicing, repairing or loading trucks, transportation trailers and/or buses.
Truck Stop means a highway oriented commercial operation that may include multiple
uses such as eating and drinking areas, gas bar, retail sales, service station, vehicle repair,
and other similar or related uses primarily intended to service the travelling public and
trucking industry.
Veterinary Service means a development used for the care and treatment of small animals
where the veterinary services primarily involve outpatient care and minor medical
procedures. All animals shall be kept within an enclosed building. This Use Class includes
pet clinics and veterinary offices. This Use Class does not include Animal Hospitals and
Shelters.
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Warehouse Sales means a development used for the wholesale or retail sale of bulky and
over-sized goods primarily within an enclosed building with limited outdoor storage where
the size and nature of the principal goods being sold typically require large floor areas for
direct display to the purchaser or consumer. This Use Class includes developments where
principal goods being sold are such bulky items as furniture, carpet, major appliances and
building materials.
7.4. Industrial Use Classes
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.
Bulk Storage Facility means a place for the outdoor storage or tank storage of large
quantities of raw materials or industrial related goods such as liquids, fuels, gases, minerals,
pipes, gravel, fertilizers, and grain. This Use Class does not include Anhydrous Ammonia
Facilities.
Cannabis Cultivation means the licensed growing of cannabis plants and harvesting
material from those plants, as well as associated activities.
Cannabis Processing means the licensed manufacturing, packaging and labelling of
cannabis products destined for sale to consumers, and the intra-industry sale of these
products to provincially authorized distributors, as well as associated activities.
General Industrial means development used principally for one or more of the following
activities: the assembling of semi-finished or finished goods, products or equipment; the
cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses; or cleaning, servicing and repair
operations to goods and equipment associated with personal or household use, where such
operations have impacts that would make them incompatible with adjacent land uses; the
storage or transhipping of materials, goods and equipment; and the distribution and sale of
materials, goods and equipment to institutions or industrial and commercial businesses.
Industrial Mall means a building or group of buildings held in single
ownership or
by participants in a condominium corporation or cooperative and divided into units for
separate occupancy by different industrial uses for which common loading and parking
facilities and other common services may or may not be provided.
Industrial Vehicle and Equipment Sales and/or Rentals means a development used for
the sale, rental and repair of heavy vehicles, machinery or mechanical equipment typically
used in building, roadway, manufacturing, assembly and processing operations and
agricultural production.
Light Industrial means processing and manufacturing uses, provided that they do not
create unusual fire, explosion or safety hazards, noise in excess of average intensity of
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street and traffic noise in the area in question; they do not emit significant smoke, dust,
dirt, toxic or offensive odours or gas as determined by the Designated Officer; and there is
no production of heat or glare perceptible from any adjacent site. Typical uses include
automotive body repair and paint shops, commercial manufacturing and research facilities.
Mobile Phone Tower means a self-supporting communication tower which includes but
not limited to standard microwave towers, wireless internet towers, cellular towers, mobile
phone towers or radio towers.
Oil Industry Equipment, Sales and Service means operations that provide services to the
oil industry including the sale, rental and repair of vehicles, machinery or mechanical
equipment typically used by the oil industry.
Planned Unit Development (Industrial) means an area of land used primarily for
industrial purposes under single ownership or control but including multiple business
owners who share the use and financial responsibility of common areas.
Portable Asphalt Plant means a temporary facility with equipment designed to heat, dry
and mix aggregate with asphalt to produce asphalt paving material and includes stockpiling
and storage of bulk materials used in the process.
Processing Use means a development used for the extraction, treatment, preparation,
packaging, transportation, handling and storage of raw materials and other minerals.
Typical uses include concrete batching plants.
Storage Compound means a development used exclusively for temporary outdoor storage
of goods and materials where such storage of goods and materials does not involve the
erection of permanent structures or the material alteration of the existing state of the land.
Typical uses include vehicle storage compounds, automobile wrecking yards, automobile
recycling facilities and salvage yards.
Transport Terminal means a development where commercial passenger vehicles pick up
and discharge fare-paying passengers or a development used for the sale, rental, repair or
storage of commercial vehicles.
Wayside Pit and Quarry means a temporary pit or quarry opened and used by a public
road authority solely for the purpose of a project such as a road construction contract that
is not located on the road right-of-way.
7.5. Agricultural Use Classes
Abattoir means a building, structure, or part thereof, used for the slaughtering of animals
and related activities.
Agri-Business means a commercial establishment that provides goods or services to the
agricultural sector. Typical uses include farm equipment and machinery repair shops, bulk
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fuel stations, feed and fertilizer supply operations, livestock auction marts and commercial
seed cleaning plants.
Agricultural Activities means a use of land for agricultural purposes. Typical uses include
farming, pasturage, agriculture, apiculture, aquaculture, floriculture and horticulture. This
Use Class does not include Livestock Operations or Natural Resource Developments.
Agricultural Crop Protection Warehouse means a facility used to store, blend and/or
distribute chemicals used for crop protection and production. Products can include
herbicides, insecticides, fungicides, rodenticide, and fertilizers. This Use Class does not
include Anhydrous Ammonia Facilities.
Agricultural Implement Sales and Service means a building and open space area used
for display, sale and rental of new or used farm implements that includes repair work.
Agricultural Product Storage means the temporary storage of any agricultural product
for future use, delivery or processing as per The Environment Act.
Agriculture Support Industry means an industry, commercial service or retail business
in which the major product or service being bought, sold or processed is intended mainly
for, from or by farmers. Typical uses include aerial spraying companies, grain storage
including grain elevators, feed mills and seed plants. This Use Class does not include Bulk
Storage Facilities or Anhydrous Ammonia Facilities.
Equestrian Establishment means a facility engaged in the training of horses or the
operation of a horse riding academy or horse riding stables.
Farm Produce Outlet means a building or structure where farm produce is sold in season.
Farmstead Dwelling means any dwelling unit which is accessory to a farm operation and
is on a parcel of land that includes associated agricultural buildings.
Grain Handling Facilities means a structure which is designed to store and process any
type of grain.
Livestock Operation (Existing) means a permanent or semi-permanent facility or non-
grazing area where livestock producing at least 10.00 Animal Units are kept or raised,
either indoors or outdoors, and includes all associated manure collection facilities, but does
not include:
a)
an operation for the slaughter or processing of livestock;
b)
an operation for the grading or packing of livestock or livestock
products;
c)
an operation for transporting livestock or livestock products;
d)
a livestock auction mart;
e)
an agricultural fair; and
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f)
a livestock sales yard where livestock are kept no longer than three
days.
Specialized Agriculture means the use of land for apiculture, floriculture, horticulture
including market gardening, orchards and tree farming, and similar agricultural activities
on a commercial basis.
7.6. Natural Resource Development Use Classes
Mineral Exploration means the activity of searching for new mineral deposits.
Wildlife and Conservation Reserve means land that has been designated by Provincial
legislation for the protection and conservation of wildlife. This Use Class includes Wildlife
Management Areas.
Wind Turbine Personal Use means a small-scale wind turbine generator tower that
converts wind energy to electrical energy for primarily private use.
7.7. Community Service Use Classes
Cemetery means a development of a parcel of land, primarily a landscaped open space for
the entombment of the deceased, and may include the following accessory developments:
crematories, cinerarium, columbarium, and mausoleums. Typical uses include memorial
parks, burial grounds and gardens of remembrance.
Child Care Service means a development licensed by the Province of Manitoba to provide
daytime personal care and education to children, but does not include overnight
accommodation. Typical uses include day care centres, day nurseries, nursery schools and
play schools.
Community Recreation Service means a development for recreational, social or multiple
purpose use without fixed seats and primarily intended for local community purposes.
Typical uses include community halls and community centres.
Extended Medical Treatment Service means a development providing room, board, and
surgical or other medical treatment for the sick, injured or infirm including outpatient
services and accessory staff residences. Typical uses include hospitals, sanatoriums,
nursing homes, convalescent homes, and auxiliary hospitals.
Government Service means a development providing Municipal, Provincial or Federal
government services directly to the public. Typical uses include government offices,
taxation offices, courthouses, postal distribution offices, manpower and employment
offices, and social service offices.
Indoor Participant Recreation Service means a development providing facilities within
an enclosed building for sports and active recreation where patrons are predominately
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participants. Typical uses include athletic clubs; health and fitness clubs; curling, roller-
skating and hockey rinks; swimming pools; rifle and pistol ranges; bowling alleys;
paintball games; and racquet clubs.
Outdoor Participant Recreation Service means a development providing facilities which
are available at the public at large for sports and active recreation conducted outdoors.
Typical uses include golf courses, driving range, ski hills, sports fields, outdoor tennis
courts, unenclosed ice surfaces or rinks, athletic fields, boating facilities, outdoor
swimming pools, bowling greens, paintball games, riding stables and fitness trails.
Private Club means a development used for the meeting, social or recreational activities
of members of a non-profit philanthropic, social service, athletic, business or fraternal
organization, without on-site residences. Private Clubs may include rooms for eating,
drinking and assembly.
Private Education Service means a development for instruction and education which is
not generally maintained at public expense and which may or may not offer courses of
study equivalent to those offered in a public school or private instruction as a home
occupation. This Use Class includes dormitory and accessory buildings.
Protective and Emergency Service means a development which is required for the public
protection of persons and property from injury, harm or damage together with the
incidental storage of emergency development which is necessary for the local distribution
of utility services. Typical uses in this class include police stations, fire stations and
ancillary training facilities.
Public Education Service means a development which is publicly supported or subsidized
involving public assembly for educational, training or instructing purposes, and includes
administration offices required for the provision of such services on the same site. This
Use Class includes public schools, community colleges, and technical and vocational
schools, and associated administrative offices.
Public Library and Cultural Exhibit means a development for the collection of literary,
artistic, musical and similar reference materials in the form of books, manuscripts,
recordings and films for public use; or a development for the collection, preservation and
public exhibition of works or objects of historical, scientific or artistic value. Typical uses
include libraries, museums and art galleries.
Public Park means a development of public land specifically designed or reserved for the
general public for active or passive recreational use and includes all natural and human-
made landscaping, facilities, playing fields, buildings and other structures that are
consistent with the general purposes of public parkland, whether or not such recreational
facilities are publicly operated or operated by other organizations pursuant to arrangements
with the public authority owning the park. Typical uses include tot lots, band shells, picnic
grounds, pedestrian trails and paths, landscaped buffers, playgrounds, water features,
amphitheatres, and athletic fields.
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Public Utility Service means any system, works, plant, pipeline, equipment or services
and facilities available at approved rates to the public, and includes all such carried on by
or for the owner of a public utility or a Municipality or the Province of Manitoba. Typical
uses include sanitary landfill sites, sewage treatment plants, sewage lagoons, garbage
transfer and compacting stations and waste recycling plants.
Religious Assembly means a place of worship and related activities that may take place in
a church, chapel, mosque, temple, synagogue, parish hall, convent, monastery, or other
similar facility, but not in a house or multiple family unit.
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8. Authority and Responsibility of the Designated Officer
8.1. Establishment and Appointment
1)
The Designated Officer shall be a person or persons appointed by the
Council of the Town of Virden to occupy the position of Designated Officer.
8.2. Designated Officer's Duties and Responsibilities
The Designated Officer:
1)
Shall review each development permit application to ascertain whether it
conforms to the adopted TransCanada West Planning Development Plan
and amendments thereto, all applicable regulations and information
regulations of this By-law and amendments thereto, and other Municipal
By-laws, the conditions of any caveat, covenant, site plan, development
agreement, variance or conditional use order, easement or any other
instrument affecting a building or land.
2)
May refer a development permit application to any Municipal, Provincial
or Federal department or any other agency or body, deemed appropriate to
obtain comments on the application.
3)
Shall approve, without any conditions, or with such conditions as are
required to ensure compliance, an application for development of a
Permitted Use provided the development complies with the regulations of
this By-law, or shall refuse an application for development of a Permitted
Use if the development does not comply with the regulations of this By-law
unless he/she uses his/her discretion pursuant to Section 8.4 of this By-law.
4)
May give notice of his/her decision on applications for development as
follows:
a)
where an application has been approved notice to the applicant shall
be given in writing by ordinary mail; or
b)
where an application has been refused, notice in writing shall be
given to the applicant, by ordinary mail, and such notice shall state
the reason for refusal.
5)
Shall receive, review and process variation, permitted use and conditional
use order applications.
6)
Shall perform other such duties as described or implied elsewhere in this
By-law or required by the Planning Board or Council.
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7)
A person who is unsatisfied with a decision or order of the Designated
Officer may request Council to review the decision or order by written
notice within 14 days after the person receives the decision or order.
8)
After giving the person a reasonable opportunity to be heard, the Planning
Board or Council may confirm, vary, substitute or cancel the order or
decision.
8.3. Entry for Inspection and Other Purposes
1)
The Designated Officer may, after giving reasonable notice to the owner or
occupier of the land or a building or other structure to be entered:
a)
enter the land, building or structure at any reasonable time for the
purpose of administering or enforcing this By-law in accordance
with the Act;
b)
request that anything be produced to assist in inspection, remedy, or
enforcement; and
c)
make copies of anything related to the inspection, remedy, or
enforcement.
2)
The Designated Officer must display or produce on request identification
showing his/her official capacity.
3)
In an emergency or in extraordinary circumstances, the Designated Officer
need not give reasonable notice or enter at a reasonable time and may
undertake inspection, remedy or enforcement activities referred to in
Section 8.3 of this By-law without the consent of the owner or occupant.
8.4. Variance to Regulations
1)
The Designated Officer may approve, with or without conditions, a minor
variation not to exceed fifteen percent (15%) of the regulations of this By-
law governing height, distance, area, size or intensity of use regulations.
2)
Council will only consider variation applications that pertain to General
Development Regulations, Special Land Use Regulations, Zoning District
Regulations and Bulk Regulations in Appendix C of this By-law. No other
variance applications will be accepted for processing by the Designated
Officer.
8.5. Public Inspection of Applications
1)
The Designated Officer or Municipal Designated Officer shall ensure that a
Register of Applications is maintained, and is made available to any
interested person during normal office hours.
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8.6. Maintenance and Inspection of By-law
The Designated Officer shall:
1)
Make available to the public during normal office hours copies of this By-
law and all subsequent amendments thereto.
2)
Charge the specified fee for supplying to the public copies of this By-law.
9. Responsibilities of Council and the Planning District Board
9.1. Responsibilities of Council:
Subject to the provisions of the Act, the Council is responsible for:
1)
The enactment of this By-law.
2)
Considering the adoption or rejection of proposed amendments or the
repeal of this By-law.
3)
Approving or rejecting variation order applications.
4)
Approving or rejecting conditional use order applications and considering
revoking the authorized conditional use order for any violation of any
conditions imposed by it.
9.2. Responsibilities of the Planning District Board
Subject to the provisions of the Act, the Planning District Board is responsible for:
1)
Administering and enforcing those provisions of the Act, where applicable.
2)
Administering and enforcing the provisions of this By-law, where
applicable.
3)
Hearing objections to a Zoning By-law or amendment thereto according to
the Act.
4)
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 to be taken on any application.
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10. Duties of the Owner
1)
Neither the granting of a development permit nor the approval of the
drawings and specifications or the inspections made by the Designated
Officer shall in any way relieve the owner of the responsibility of complying
with the regulations of this By-law or of any relevant By-laws of the Town
of Virden.
2)
Every owner shall:
a)
permit the Designated Officer to enter any building or premises for
the purpose of administering or enforcing this By-law at all
reasonable times and with the consent of the owner in accordance
with Section 8.3 of this By-law;
b)
after the development application has been approved and the permit
issued, notify the Designated Officer and obtain his/her approval
before doing any work at variance with the approved documents
filed; and
c)
be responsible for obtaining, where applicable, from the appropriate
authorities, permits or licenses relating to the buildings, grades,
plumbing, blasting, street, occupancy, electrical, highways, and all
other permits required in connection with the proposed work.
11. Development Classes
The following classes of development are hereby established.
1)
Class A
No Development Permit Required
2)
Class B
Permitted Use
3)
Class C
Conditional Use
11.1.
Class A Development (No Development Permit Required)
No development permit is required under this By-law for the developments listed
below, provided that such developments shall comply with the Permitted Use and
regulations of this By-law. This does not relieve the applicant or landowner from
obtaining approvals from other government agencies. For a development listed
below, the Designated Officer shall advise the applicant that no permit is required
and return the submission, including any fees paid. Developments exempted from
applications are as follows:
1)
Regular maintenance and repair of any development provided it does not
include structural alterations.
2)
Private driveways and patios which are accessory to a development.
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3)
Landscaping where the existing grade and natural surface drainage pattern
is not materially altered.
4)
The erection or placement of a temporary building, the sole purpose of
which is incidental to the erection of a building for which a development
permit has been granted, provided the temporary building is removed within
30 days of substantial completion or as determined by the Designated
Officer.
5)
The following types of signs are exempt but this shall not relieve the owner
or person in control of such signs from erecting and maintaining the signs
in a safe and good condition:
a)
signs of less than 0.60 sq. m. (6.46 sq. ft.) in area, advertising the
sale, lease, or rent of property, premises, or buildings on that site;
b)
memorial signs or tablets of bronze, brass, stone or other non-
combustible materials when built into or attached to the walls of a
building or other structure provided such tablets bear only the name
of the owner, the name and use of the building, the date of erection
of the building or reading matter commemorating a person or event;
c)
signs of a duly constituted governmental body, including traffic or
regulating devices, legal notices, railway crossing, danger or other
emergency signs;
d)
one real estate sign;
e)
non-illuminated directional signs, each sign not to exceed 0.50 sq.
m. (5.38 sq. ft.) in sign area;
f)
signs posted by duly constituted public authorities in performance
of their public duties;
g)
flags or emblems of a political, civic, educational or religious
organization; and
h)
Signs required by law, government order or regulation.
6)
The use of farmland, farm buildings and structures for permitted
agricultural activities, excluding livestock operations.
1)
When a change in land use is from one agricultural activity to another,
excluding livestock operations.
2)
Temporary buildings, structures and uses associated with fairs, events,
games, exhibitions, public markets, sales in public places, transient traders
and similar provided the necessary licenses under The Municipal Act and/or
The Buildings and Mobile Homes Act are obtained as required.
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12. Development Permit Application Submissions
12.1.
General Conditions
1)
An application for a development permit shall not be considered to have
been received until the applicant has submitted all information required
pursuant to this Section of the By-law, and any information specifically
required pursuant to the regulations of the applicable Zoning District or any
other Section of this By-law and until the applicant has paid the appropriate
fee.
2)
Despite Section 12.1 of this By-law, the Designated Officer may consider
an application if the development is of such a nature as to enable a decision
to be made on the application without all of the information required in this
Section of the By-law.
3)
The Designated Officer may require an applicant to submit such additional
information as he/she considers necessary to verify the compliance of the
proposed use or development with the regulations of this By-law.
4)
Despite Section 11.1 of this By-law, a development permit for an accessory
building cannot be issued unless a development permit for the main building
has also been issued.
5)
The approval of any application, drawings, or the issuing of a development
permit shall not prevent the Designated Officer from thereafter requiring
the correction of errors, nor from prohibiting the development being carried
out when the same is in violation of this By-law.
6)
Where an application for a development permit is determined to contain
incorrect information, no development permit shall be issued until the
applicant corrects such information.
7)
Any development permit issued on the basis of incorrect information
contained in the application shall be invalid.
8)
Unless otherwise specified in this By-law, all drawings submitted shall be
drawn on substantial standard drafting material to a scale of not less than
1:100 or such other scale as the Designated Officer may approve, and shall
be fully dimensioned, accurately figured, explicit and complete.
12.2.
Class B Developments (Permitted Use)
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The following information shall be submitted with an application for Class B
(Permitted Use) developments, and the appropriate application form fully and
accurately completed in accordance with the following regulations:
1)
The municipal address of land and buildings presently occupying the site,
if any.
2)
A status of Title.
3)
A legal description of the land on which the proposed development is to
occur, by lot, block, subdivision and registered plan numbers.
4)
The applicant's name, address and interest in the land and if the applicant is
not the landowner, a letter from the landowner authorizing the applicant to
apply for a development permit.
5)
A sketch plan of the site, showing the location of the proposed development
relative to the boundaries of the site.
6)
Description of the work to be performed with respect to:
a)
change in current occupancy of land use; or
b)
description of proposed development or building operations.
7)
Identification of the scale of the development with respect to:
a)
gross floor area of the development in square metres;
b)
area of the site covered in square metres;
c)
height of the structure in metres;
d)
number of floors or storeys; and
e)
number of dwelling units.
8)
The estimated value, in dollars, of the proposed work.
9)
A site plan, at a minimum scale of 1:500, showing the following:
a)
a directional true north arrow with the north point located in such a
manner that the true north is in the upper position of the drawings;
b)
setbacks and yard dimensions;
c)
site boundaries and dimensions;
d)
the location of all buildings or structures in relation to property lines;
and
e)
dimensioned layout of existing and proposed parking areas,
driveways, entrances and exits, abutting public roadways, median
breaks and auxiliary lanes.
10)
Identification of the scale of the development with respect to the number of
dwellings, or establishments for commercial, industrial or other purposes.
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11)
If required by the Designated Officer, a site plan at a minimum scale of
1:500, showing:
a)
the location of sidewalks and walkways; where applicable, parking,
loading, storage, outdoor service and display areas; and
b)
the location of fences, screening, retaining walls, trees, landscaping,
and other physical features both existing and proposed in the site
and adjoining boulevard, if any.
12)
Floor plans at minimum scale of 1:100, indicating all uses or occupancies,
storage and garbage holding areas.
13)
Elevations and drawings, indicating sections and the bulk of buildings, at a
minimum scale of 1:100.
14)
Number of parking and loading spaces required and provided.
15)
A building location certificate, if required by the Designated Officer.
12.3.
Class C Developments (Conditional Use)
In addition to two copies of the information required for Class B (Permitted Use)
developments, the applicant shall submit two copies of the following for Class C
(Conditional Use) developments:
1)
A plan showing the location of adjacent buildings and structures indicating
the approximate height and number of storeys.
2)
A written statement and other supportive material explaining the proposed
development.
12.4.
Sign Developments
The following information shall be submitted, in duplicate, with an application for
a development permit for a sign, and the appropriate application form shall be fully
and accurately completed:
1)
The municipal address and legal description of the land or building where
the sign is to be erected.
2)
The applicant's name, address, telephone number and interest in the land.
3)
The name of the business or development where the sign is to be erected.
4)
Whether the development where this sign is to be erected is single business
occupancy or multiple business occupancy development.
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5)
A letter from the owner of the property on which the sign is to be erected,
or his/her agent, authorizing the applicant's sign development.
6)
Two sets of working drawings for the proposed sign showing:
a)
the overall dimensions of the sign, including all sign boxes and
cabinets;
b)
a description or illustration of the copy to be displayed on the sign;
c)
the method of illumination, if any;
d)
the materials from which the sign is to be constructed; and
e)
method used to support the sign and the type of wall construction if
the sign is anchored to a building.
7)
Two sets of a sketch plan showing:
a)
the location of the sign on the building;
b)
the clearance from grade from the lowest portion of the sign;
c)
maximum extension of the sign above the building roof or parapet
wall;
d)
the distance of the maximum projection of the sign beyond the
building wall; and
e)
any sidewalks, pedestrian passageways, or public roadways that the
proposed sign will extend over.
8)
If a sign is proposed within the Designated Downtown Heritage Business
District, an explanation on how the sign will blend in and be compatible
with this unique Virden heritage area is required.
13. Special Information Regulations
13.1.
Slope and Soil Information
1)
When an application for a development permit is submitted to the
Designated Officer for the development of a site abutting a water course
and Municipal drain, the Designated Officer may require information
regarding the existing and proposed grades at 0.25 m. (0.82 ft.) contour
intervals. The final grades shall be to the satisfaction of the Designated
Officer and in accordance with the Town of Virden Lot Grade By-law, as
amended.
2)
Despite anything contained herein, the Designated Officer may require a
detailed engineering study of the soil conditions prepared by a Certified
Professional Engineer of Manitoba prior to the issuance of a development
permit or the construction of any development abutting a water course and
Municipal drain. If required, the engineering study may be required to
include evidence derived from:
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a)
test borings (including hydro-carbon analysis);
b)
ground water piezometer test;
c)
slope indicators where necessary;
d)
identification of any sub-surface mining operations;
e)
water erosion analysis;
f)
surface erosion analysis; and
g)
hydro-carbon analysis.
The detailed engineering study shall conclude with the registered
Professional Engineer certifying that the foundations proposed for the
development are designed with full knowledge of the soil conditions and
the proposed siting of the development upon this site.
3)
The Designated Officer may require the submission of a detailed
engineering study as outlined in Section 13.1(2) of this By-law prior to the
issuance of a development permit at any location within the Municipality
which in the opinion of the Designated Officer or Certified Professional
Engineer of Manitoba has unstable soil conditions.
4)
The Designated Officer, having required a detailed engineering study of the
soil conditions may, acting on the advice of the Certified Professional
Engineer of Manitoba, apply conditions to the approval of the development
permit to prevent erosion, stabilize soil conditions and ensure proper land
drainage.
14. Conditions Attached to a Development Permit
1)
The Designated Officer may impose, with respect to a permitted use, such
conditions as are required to ensure compliance with this By-law.
2)
Council may, with respect to a conditional use, impose such conditions as
deemed appropriate, having regard to the regulations of this By-law, other
municipal, provincial and federal government regulations, and matters
raised at the conditional use hearing.
3)
The Designated Officer or Council may, as a condition of issuing a
development permit, require the applicant to make satisfactory
arrangements for the supply of electric power, vehicular and pedestrian
access, or any of the aforementioned, including payment of the costs of
installation or constructing any such utility or facility by the applicant.
4)
The Designated Officer or Council can withhold the issuing of a
development or building permit until the Owner or Applicant agrees to do
all or any of the following:
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a)
to construct, or pay for the construction of, a public roadway
required to give access to the development;
b)
comply with any applicable municipal road access regulations;
c)
to install, or pay for the installation of, utilities and land drainage,
water and sanitary sewer lines that are required to serve the
development and other benefitting areas as determined solely by
the Municipality, or pay the recovery costs of services which have
already been installed; and
d)
to repair or reinstate, or to pay for the repair or reinstall, to original
condition as determined by the Designated Officer, any street
furniture, curbing, sidewalk, boulevard landscaping, tree planting
or other similar features which may have been damaged or
destroyed or otherwise harmed by the development or building
operations upon the site.
5)
The Designated Officer or Council may require any agreement entered into
pursuant to Section 14.0 (4) of this By-law to be caveated against the title
to the site at the Land Titles Office.
15. Enforcement and Penalties
15.1.
Offences
1)
Any owner, lessee, tenant or occupant of land, or a building or a structure
thereon, who, with respect to such land, building or structure contravenes;
or causes, suffers or permits a contravention of, any provision of the Act, a
development permit, a development agreement or this By-law commits an
offence.
2)
Any contractor, worker, or other person who constructs a building or
structure, or makes an addition or alteration thereto:
a)
for which a development permit is required but has not been issued
or is not subsisting under this By-law; or
b)
in contravention of a condition of a development permit issued
under this By-law;
commits an offence.
3)
Any Town of Virden general enforcement by-law, as amended from time to
time, shall also be complied with.
15.2.
Penalties
1)
Fines and penalties will be imposed as per the Act.
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15.3.
Suspension or Revocation of the Development Permit
1)
The Designated Officer may suspend or revoke a development permit
where:
a)
the applicant fails to comply with the conditions of issuance of a
permit; or
b)
any person undertakes or causes or permits any development on a
site contrary to the terms or conditions of a permit; or
c)
the development has not been established or partially established as
determined by the one year after issuance of the permit; or
d)
the permit was issued in error; or
e)
the permit was issued on the basis of incorrect information.
2)
Any person who undertakes, or causes or permits, any development on a
site without a permit, or after a permit has been suspended or revoked, shall
discontinue such development forthwith upon notice in writing issued by
the Designated Officer or Municipal Designated Officer so requiring, and
shall not resume such development unless a permit has been issued or the
permit reinstated.
16. Rezoning Amendments
16.1.
Text and Mapping Amendments
1)
Any person applying to amend Parts I, II, III and IV of this By-law shall
apply in writing to the Designated Officer, furnishing reasons in support of
the application and requesting that the Designated Officer submit the
application to the Council.
2)
If a person applies to the Council in any manner for an amendment to Parts
I, II, III and IV of this Zoning By-law, the Council shall require him/her to
submit his/her application to the Designated Officer in accordance with the
provisions of this Section of the By-law before it considers the amendment
proposed by such person.
3)
Any person applying to amend Part III of this By-law to change the Zoning
District governing any land shall apply in writing to the Designated Officer
and submit the following to the Designated Officer:
a)
a status of Title which has been issued no later than 30 days prior to
the receipt of the amendment application by the Designated Officer;
b)
the applicant's name, signature, address and interest in the land and
if the applicant is not the landowner, a letter from the landowner
authorizing the applicant to apply for a zoning by-law amendment;
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c)
a signed statement by the applicant stating that he/she is willing to
pay for all costs incurred by the Municipality in processing the
proposed amendment, whether it be enacted or not, including, but
not limited to, all mapping, printing, reproduction, planning,
engineering, legal, surveys and advertising costs;
d)
the appropriate application fee; and
e)
a brief written statement by the applicant in support of his/her
application, and his/her reasons for applying.
16.2.
Review and Processing of Amendments
1)
Upon receipt of an application for a rezoning amendment, the Designated
Officer shall forward the application to Council for review.
2)
If Council deems it appropriate to give the application first reading, the
Municipal Designated Officer shall then examine the proposed amendment
or undertake an investigation and analysis of the potential impacts of
development under the proposed Zoning District. The analysis shall be
based upon the full development potential of the uses and development
regulations specified in the proposed Zoning District and not on the merits
of any particular development proposal. The analysis may, among other
things, consider the following impact criteria:
a)
relationship to and compliance with the TransCanada West
Planning District Development Plan and Council policy;
b)
compatibility with surrounding development in terms of land use
function and scale of development;
c)
traffic impacts;
d)
relationship to, or impacts on utility services and public facilities
such as recreational facilities and schools;
e)
relationship to Municipal land, right-of-way or easement
regulations;
f)
effect on stability, retention and rehabilitation of desirable existing
uses, buildings, or both in the area;
g)
necessity and appropriateness of the proposed Zoning District in
view of the stated intentions of the applicant;
h)
relationship to the documented concerns and opinions of area
residents regarding the application;
i)
groundwater and soil conditions; and
j)
topographical, physical and natural features.
3)
The Designated Officer may prepare a written report on the proposed
amendment and advise the applicant of the hearing date.
4)
The Designated Officer, in his/her discretion, may present for the
consideration of Council any proposed amendment to this By-law, and the
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proposed amendment shall be accompanied by the report and
recommendation of the Designated Officer.
5)
Council, in its discretion, may initiate any amendment to this By-law, and
prior to the approval of any amendment, Council may refer the proposal to
the Designated Officer for his/her report and recommendation.
5)
Every rezoning application shall be accompanied by the required fee as set
out by the Planning Board or Council.
7)
When a Development and/or Zoning Agreement is to be entered into
between the Municipality and the applicant, the applicant shall pay to the
Municipality, in addition to any other fee required pursuant to this or any
other By-law, a Development and/or Zoning Agreement fee.
16.3.
Notification of Amendments
1)
Prior to consideration by Council of a proposed rezoning amendment, the
Designated Officer shall place a public notice in compliance with the Act.
17. Conditional Uses
1)
Where a use is classified as a conditional use and exists as an allowable use
at the date of the adoption of this By-law or amendments thereto, it shall be
considered as a legally existing conditional use.
2)
Any change in a conditional use shall be subject to the provisions of this
Section and the appropriate provisions of the Act.
3)
An owner or his/her agent may file an application to use land for a use listed
as a conditional use in this By-law.
4)
An application for approval of a conditional use shall be filed with the
Designated Officer and shall be in such form and accompanied by such
information and fees as determined by Council.
6)
Council may request the Designated Officer to prepare a written report that
identifies potential impacts. The analysis may be required to, among other
things, consider the following impact criteria:
a)
relationship to and compliance with the TransCanada West
Planning District Development Plan and Council policy;
b)
compatibility with surrounding development in terms of land use
function and scale of development;
c)
traffic impacts;
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d)
relationship to, or impacts on utility services and public facilities
such as recreational facilities and schools;
e)
relationship to Municipal land, right-of-way or easement
regulations;
f)
effect on stability, retention and rehabilitation of desirable existing
uses, buildings, or both in the area;
g)
relationship to the documented concerns and opinions of area
residents regarding the application;
h)
groundwater and soil conditions; and
i)
topographical, physical and natural features.
6)
Prior to consideration by Council of a conditional use application, the
Designated Officer shall place a public notice in compliance with the Act.
7)
An application for a conditional use shall be processed and approved or
rejected in accordance with the Act. If warranted, Council may want to
consider imposing conditions to ensure that the proposed development will
not significantly impact the Municipality. This could include:
a)
additional buffering measures such as increased yard setbacks,
berms and fencing;
b)
performance standards dealing with such potential impacts as noise,
odour and vibration;
c)
limiting the hours of operation;
d)
imposing design and siting regulations including landscaping,
outdoor lighting, refuse and storage areas, and building design and
architectural appearance;
e)
the owner/applicant upgrading certain municipal services such as
roads and ditches;
f)
a letter of credit related to municipal improvements such as road or
drainage works;
g)
liability insurance protecting the Municipality from any future legal
claims, including environmental contamination to water sources; or
h)
the owner/applicant entering into a development agreement with the
Municipality.
7)
The approval of Council shall expire and cease to have any effect if it is not
acted upon within twelve months of the date of the decision, unless it is
renewed at the discretion of Council for one additional period not exceeding
twelve months.
9)
A conditional use approval expires if the use begins operations within one
(1) year of the date of approval but later ceases operations for two (2)
consecutive years unless otherwise specified in the terms of approval due to
special conditions.
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10)
Unless otherwise provided in a Conditional Use Order, all approved
conditional uses:
a)
shall be operated in accordance with all plans and documents
submitted as part of the application; and
b)
shall comply with all other applicable provisions of this By-
law.
18. Variation Orders
1)
Any person who is of the opinion that this By-law injuriously or adversely
affects him/her or his/her property rights, may at any time apply for a
variation order pertaining to the General Development Regulations, Special
Land Use Regulations, Zoning District Regulations and Bulk Regulations
in Appendix C, in accordance with the provisions of the Act.
2)
An application for a variation order shall be filed with the Designated
Officer, and shall be in such form and accompanied by such information
and fees as determined by the Municipal Designated Officer or Council.
3)
Prior to consideration by Council of a proposed variation order, the
Designated Officer shall place a public notice in compliance with the Act.
Council may request the Municipal Designated Officer to prepare a written
report that assesses the merits and implications of the proposed application.
4)
An application for a variation order shall be processed and approved or
rejected in accordance with the provisions of the Act. As a condition of
approval, Council may require that the owner/applicant enter into a
development agreement with the Municipality.
5)
The approval of Council shall expire and cease to have any effect if it is not
acted upon within twelve months of the date of the decision, unless it is
renewed at the discretion of Council for one additional period not exceeding
twelve months.
19. Subdivisions
1)
Subject to Section 19.0 (2) and 19.0 (3) of this By-law, no parcel of land
shall hereafter be divided into sites, unless each site conforms to the
regulations of the Zoning District in which the site is located.
2)
Council may, as provided in the Act, vary the regulations as they apply to
an individual site, subject to complying with the objectives and policies of
the TransCanada West Planning District Development Plan.
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3)
An existing undersized lot may be increased in area or frontage, or both,
and still remain an existing undersized lot if after the increase the lot still
remains undersized.
4)
In addition to the requirements contained herein, all subdivisions shall
conform to the provisions of the TransCanada West Planning District
Development Plan, and the provisions of the Act, where applicable.
5)
An application for a subdivision shall be processed and approved or rejected
in accordance with the provisions of the Act. As a condition of approval,
Council may require that the owner/applicant enter into a development
agreement with the Municipality.
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20. Applicability
1)
The General Development Regulations apply to any development on any
site, irrespective of the Zoning District in which it is located.
21. Yards on Corner Lots and Through Lots
1)
In the case of a corner lot, the front yard shall be the yard abutting the front
lot line.
2)
Despite Section 21.0(1) of this By-law, the Designated Officer may require
any corner lot to provide an additional front yard or yards other than that
required, having regard to the orientation and access of adjacent
developments.
3)
The Designated Officer may require a through lot to provide a front yard on
each public roadway, other than a lane, provided that at least one front yard
shall be provided.
22. Projections into Yards
22.1Projections into Required Front, Side and Rear Yards
The following features may project into a required yard as provided for below:
1)
Uncovered walks, wheelchair ramps, trellises, flagpoles, lighting fixtures
and lampposts.
2)
Unenclosed verandas, porches, eaves, shade projections, decks, unenclosed
steps, cantilevers, chimney or parts of a chimney, belt courses, sills, together
with any other architectural features which, in the opinion of the Designated
Officer, are of a similar character, provided such projections do not exceed
0.61 m. (2.00 ft.).
3)
Bay, oriel, or similar windows, provided that such projections do not exceed
0.61 m. (2.00 ft.).
4)
Balconies, provided with such projections do not exceed 0.61 m. (2.00 ft.).
5)
Notwithstanding the provisions of Section 8.4, subsections (2), (3) and (4),
above, are not subject to further variation or tolerance
6)
Any loading space required under the regulations of this By-law, provided
it shall not be in a required front yard.
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7)
A parking area when comprised of parking spaces required under this By-
law, provided that no parking area in any Zoning District shall be located
within the first 4.57 m. (15.00 ft.) of a required front yard. This shall not
prohibit the use of a required front yard for such walkways and driveways
as the Designated Officer considers necessary.
8)
Air conditioners and air exchangers of a size required to be mounted on the
ground surface may be place in any yard but shall be located a minimum of
3.05 m (10.00 ft.) from any side yard.
9)
The Designated Officer may allow an obstruction or exception not listed in
Section 22.0 1) to 7) of this By-law, provided the obstruction or exception
will
have no greater impact on surrounding properties than those
permitted.
23. Objects Prohibited or Restricted in Certain Residential Districts
No person shall keep in any part of a site in the RS-1 and RS-2: Residential Single
Family, RT: Residential Two-Family, RM: Residential Multiple Family, RMH:
Residential Mobile Home, and RC: Residential Comprehensive Zoning Districts:
1)
Any commercial vehicle, loaded or unloaded, of a maximum weight
exceeding 5,400.00 kg. (11,905.00 lb.) gross vehicle weight.
2)
Any dismantled or wrecked vehicle for more than fourteen consecutive days
unless otherwise authorized under another municipal by-law.
3)
Any object or chattel which, in the opinion of the Designated Officer or
Council, is unsightly or tends to adversely affect the amenities of the area.
4)
Any above-ground or below-ground Bulk Storage Facility.
24. Fences and Hedges
24.1.
General
1)
A fence and/or hedge shall be permitted in a required yard.
2)
The permitted height of any fence and/or hedge can be increased or
decreased at the discretion of the Designated Officer to reflect the grade of
surrounding sites.
3)
Electric, barbed wire fences and snow fences shall not be permitted in any
district except in the case of Commercial and Industrial Use Class
developments where the top 0.60 m. (2.00 ft.) of the fence may be barbed
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wire for security purposes. Notwithstanding this provision, snow fences
may be placed on property where necessary as determined by the
Designated Officer.
24.2.
Fences and/or Hedges in Certain Residential Districts
A fence and/or hedge in the RS-1 and RS-2: Residential Single Family, RT:
Residential Two-Family, RM: Residential Multiple Family, RMH: Residential
Mobile Home, and RC: Residential Comprehensive Zoning Districts:
1)
Shall not be higher, measured from the general ground level at a distance of
0.61 m. (2.00 ft.) from within the lot line of the site on which the fence is to
be constructed, than:
a)
0.91 m. (3.00 ft.) in a required front yard; and
b)
1.82 m. (6.00 ft.) in a required side or rear yard.
24.3.
Fences and/or Hedges in the Other Zoning Districts
A fence and/or hedge in the other Zoning Districts not referred to in Section 24.2
of this by-law:
1)
Shall not be higher than:
a)
1.22 m. (4.00 ft.) in a required front yard subject to the limitations
set out in Section 38.5; and
b)
2.00 m. (6.56 ft.) in a required side or rear yard subject to the
limitations set out in Section 38.5.
2)
Notwithstanding the above, the maximum height of a fence and/or hedge
for Public Education Service, Private Education Service, Public Utility
Service or Public Park Use Class developments shall be 3.05 m. (10.00 ft.),
excepting chain link fences for which there shall be no height limitation.
3)
Notwithstanding the above, for Industrial and Commercial Use Class
developments:
a)
the maximum height of a fence and/or hedge located in a rear yard
shall be 3.66m. (12.00 ft.);
b)
outside storage shall not be allowed to project above the height of
the fence and/or hedge; and
c)
notwithstanding sub-clause 3(a) above, the maximum height of a
fence and/or hedge located in a required front yard shall be 2.00m
(6.56 ft) within the MG: Industrial General Zoning District.
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4)
Permitted materials for the construction of fences in any zoning
district shall include:
a)
1.90 cm. (0.75 in.) thick douglas fir, cedar or hemlock;
b)
polyvinyl chloride;
c)
ornamental block;
d)
brick;
e)
metal;
f)
combination of the above materials; and
g)
any other material, subject to an illustration by a certified engineer,
architect or landscape architect to the satisfaction of the Municipal
Designated Officer or Council.
25. Accessory Uses, Buildings and Structures
25.1.
General Regulations
1)
Accessory developments are permitted when accessory to a permitted use.
2)
Accessory developments are conditional when accessory to a conditional
use.
3)
Where any building or structure on a site is attached to a principal building
on the site by a roof, an open or enclosed structure above grade, a floor or a
foundation which is above grade, or any structure below grade allowing
access between the buildings such as a parking garage or a corridor or
passageway connecting the buildings, it is a part of the building and is not
an accessory building.
4)
No accessory building or structure shall be constructed on any site prior to
the time of construction of the principal building to which it is accessory
except where it is necessary for the storage of the tools and materials for use
during construction of the main building or structure or is essential to the
construction of the main building.
5)
No accessory building or structure shall be used as a dwelling unit.
6)
No accessory building or structure shall be located within a dedicated
easement or right-of-way.
7)
Any garage that is either attached or free standing shall not have a door
height exceeding 3.05 m. (10.00 ft.).
8)
Accessory buildings in Residential Zoning Districts without direct access to
a public road and/or with no garage door shall have a maximum area of
27.87 sq. m. (300.00 sq. ft.). Where there is no direct access to a public
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street, an accessory building shall not have a garage door greater than 2.14
m. (7.00 ft.) in width.
25.2.
Accessory Buildings in Certain Residential Districts
In the RS-1 and RS-2: Residential Single Family, RT: Residential Two-Family,
RM: Residential Multiple Family, RMH: Residential Mobile Home, and RC:
Residential Comprehensive Zoning Districts:
1)
Accessory buildings and structures shall be located on a site as follows:
a)
where the accessory building is attached to a main building, it shall
be subject to, and shall conform to, all regulations of this By-law
applicable to the principal building; and
b)
where the accessory building is detached from the principal
building, it shall not be located closer than 1.21 m. (4.00 ft.) clear of
all projections to the principal building, nor shall it be located closer
to a public roadway than the front wall of the principal building.
2)
An accessory building on a site in a residential zone shall be similar to, and
complement the principal building in exterior material, colour and
appearance.
3)
Decks, balconies, sunrooms and the like shall not be constructed on top of
an accessory building unless the setbacks of the accessory building comply
with the allowable setbacks for the principal building in that zone.
25.3.
Accessory Buildings in the Other Zoning Districts
1)
Accessory buildings or structures shall be subject to the regulations for that
Zoning District.
2)
Notwithstanding Section 25.3(1) of this By-law, the maximum height of
accessory buildings or structures on a site which abuts a site in the RS-1 and
RS-2: Residential Single Family, RT: Residential Two-Family, RM:
Residential Multiple Family, RMH: Residential Mobile Home, and RC:
Residential Comprehensive Zoning District shall not be greater than the
height of the principal buildings permitted in the said abutting Zoning
District.
3)
Where the accessory building is detached from the principal building, it
shall not be located closer than 3.05 m. (10.00 ft.) clear of all projections to
the principal building, nor shall it be located closer to a public roadway than
the front wall of the principal building.
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25.4.
Temporary Buildings, Structures and Uses
1)
A development permit for a temporary building, structure or use shall be
subject to such terms and conditions as required by Council or the
Designated Officer.
2)
In determining whether a building, structure or use is temporary, the
Development Officer or Council shall take the following factors into
consideration:
a)
the nature of the principal use, if any, with which it is associated
with.
b)
the practically of removing the facility at the end of the period,
given the time of the year and the equipment required to remove it.
c)
the actual duration of similar uses in the Town.
`
3)
Each development permit issued for a temporary building, structure or use
shall be valid for a period of not more than twelve months and may not be
renewed for more than one successive period at the same location.
4)
In all cases, temporary buildings and structures shall not exceed 92.90 sq.
m. (1,000.00 sq. ft.) in area and one storey or 4.57 m. (15.00 ft.) in height,
and:
a)
may be used as an office space for the contractor or developer.
b)
may be used as a temporary placement of concrete and asphalt batch
plants that are incidental to and necessary for highway construction
and maintenance.
c)
shall not be used for human habitation, except as temporary
accommodation for a caretaker, watchman or construction workers.
d)
shall not be detrimental to the public health, safety, convenience
and general welfare, nor detract from the aesthetic value of the
neighbourhood.
e)
unless stated in this By-law or in the terms of the permit, the
temporary use shall cease to operate 30 days after the approval of
the permit.
f)
all temporary signs associated with the temporary use or structure
shall be removed when the activity ends.
g)
the temporary use or structure shall not violate any applicable
conditions of approval that apply to a principal use on the site.
h)
if the property is undeveloped, it shall contain sufficient land area
to allow the temporary use or structure to occur, as well as any
parking and traffic movement that may be associated with the
temporary use.
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i)
tents and other temporary structures shall be located so as not to
interfere with the normal operations of any permanent use located
on the property.
j)
a temporary use is not permitted unless sufficient off-street parking
is provided to accommodate anticipated parking needs associated
with the temporary use.
k)
a temporary use shall be compatible in intensity, characteristics
and appearance with surrounding land uses, with the Development
Officer or Council considering such factors a location, access,
traffic generation, noise, light, dust control, and hours of operation
5)
in addition to the above noted requirements for Temporary Buildings and
Uses, seasonal sales areas: shall not reduce the number of required off-
street parking or loading spaces below the minimums required by this By-
law; obstruct any vehicular circulation route into or through the property:
and are limited to a maximum of 60 days per each calendar year.
6)
in addition to the above noted requirements for Temporary Buildings and
Uses, farm produce outlets are limited to between April1st to October 31st.
7)
in addition to the above noted requirements for Temporary Buildings and
Uses, temporary construction trailers or buildings shall be removed from
the premises within one month after completion of construction.
8)
the Development Officer or Council may impose such conditions on any
temporary use and require such guarantees as deemed reasonable and
necessary to protect the public interest and to ensure compliance with the
standards and purposes of this zoning by-law and the Planning District
Development Plan.
25.5.
Mobile Food Vehicles and Outdoor Food Carts
Mobile Food Vehicles and Outdoor Food Carts shall comply with the
following regulations:
1)
obtain a Health Permit from Manitoba Health prior to operating and shall
be inspected on an annual basis by a Public Health Inspector.
2)
prior to obtaining a development permit or business license from the Town
of Virden the applicant or business owner shall provide the following
information:
- the applicants and/or business owners name and operating name.
- a copy of the Health Permit.
- the proposed hours of operation.
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- an indication of the type of food being sold.
3)
obtain a development permit and business license from the Town of
Virden. Development permits or business licenses are not transferable.
4)
provide evidence that the applicant or business owner has obtained a
policy of commercial liability insurance in the amount of $2,000,000.00.
The insurance policy shall name the Town of Virden as an additional
insured with evidence of cross insurance liability.
5)
Mobile Food Vehicles and Outdoor Food Carts are only allowed within or
adjacent to Commercial or Industrial Zoned properties.
6)
street locations and sidewalks are available to all licensed vendors daily on
a first-come first served basis.
7)
vendors shall comply with all municipal regulations, parking zone
restrictions and posted signs.
8)
sales shall only be on the curbside of the vehicle or food cart.
9)
Mobile Food Vehicles or Outdoor Food Carts cannot block driveway
aisles.
10)
no Mobile Food Vehicles or Outdoor Food Carts shall be located and
operated within 30 m. (98.4 ft.) of a Drive-In Food Service, Eating and
Drinking Establishment, Hotel or Truck Stop except with the written
consent of the proprietor of these operations.
11)
have someone in attendance at all times.
12)
cannot operate within 61.0 m. (200.0 ft.) of the property boundary of any
public or private school with grades kindergarten to 12.
13)
can sell only food and non-alcoholic beverages.
14)
shall not impede the safe movement of vehicular and pedestrian traffic.
Mobile Food Vehicles shall also comply with the following regulations:
1)
Vehicles shall provide independent power supply which is screened from
view.
2)
Vehicles shall not have external signage or equipment not contained
within the vehicle.
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3)
Vehicles shall not use outside sound amplifying equipment or other
similar devices, lights or noisemakers such as bells, horns or whistles.
4)
Propane tanks shall be attached to, or within, the vehicle and allow for
adequate ventilation and screening of the tank.
5)
Vehicles shall not be parked within 3.0 m. (9.8 ft.) of an intersection, any
building entrance or doorway or access ramp/parking space designated for
disabled persons. Further, vehicles shall not be parked within 4.5 m. (14.8
ft.) of any fire hydrant.
6)
Operators of Mobile Food Vehicles shall maintain clean work and storage
areas, present a neat appearance and provide a garbage receptacle for
customers.
26. Lighting of Sites
Outdoor lighting for any development:
1)
Shall be low-glare in nature and located and arranged so that no direct rays
of light are directed at any adjoining properties, or interfere with the
effectiveness of any traffic control devices.
2)
If ground mounted, the maximum height shall be 6.10 m. (20.00 ft.).
3)
Wall-mounted lights must have fully shielded luminaries to direct all light
downward.
27. Height
1)
In determining whether a development conforms to the maximum height
permissible in any Zoning District, the following features, when attached or
affixed to the principal dwelling, shall not be considered for the purpose of
height determination: chimney stacks, steeples, belfries, domes or spires,
monuments, elevator housings, roof stairway entrances, water or other
tanks, ventilating equipment, skylights, fire walls, receiving or transmitting
structures, masts, flag poles, clearance markers or other erections which are
considered to be similar by the Designated Officer.
28. Access to Sites
1)
All access locations and curb crossings on Municipal Roads shall require
the approval of the Designated Officer or Municipal Engineer.
2)
All approaches shall be approved by the Town of Virden in accordance with
existing municipal standards.
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3)
Permits for developments adjacent to control areas of the provincial
highway system shall be required from the appropriate Provincial
government agency.
4)
The following regulations shall apply to off-street parking areas for all
commercial and industrial uses requiring the provision of vehicular
entrances and exit to the site:
a)
Access to the site for vehicles shall be only by way of entrances
and exits provided in accordance with the following:
Minimum width of an entrance or exit
4.57 m. (15.00 ft.)
Minimum width of a combined entrance and exit
7.62 m. (25.00ft.)
Maximum width of an entrance and exit
7.62 m. (25.00 ft.)
Maximum width of a combined entrance and exit
10.67 m. (35.00 ft.)
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 a side site line on a public
lane
4.57 m. (15.00 ft.)
29. Hard Surfacing of Parking and Loading Areas
1)
Every off-street parking and loading space provided or required in the
following districts shall be hard surfaced if such area lies in front of the
principal building:
x CC : Commercial Central
x CH: Commercial Highway
x CN: Commercial Neighbourhood
x CL: Commercial Linear
2)
Every off-street parking and loading space provided or required in the
following districts, including the access thereto, shall be hard surfaced if the
access is from a public roadway which is hard surfaced:
x CC: Commercial Central
x CH: Commercial Highway
x CN: Commercial Neighbourhood
x CL: Commercial Linear
x MB: Industrial Business
3)
Any area at the rear of the principal building provided or required for off-
street parking and loading space need not be hard surfaced, but shall be of
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such a surface that will minimize the carrying of dirt or foreign matter
onto the public roadway in the following districts:
x CC: Commercial Central
x CH: Commercial Highway
x CN: Commercial Neighbourhood
x CL: Commercial Linear
x MB: Industrial Business
x MG: Industrial General
30. Landscaping
30.1.
Landscaping in Commercial, Industrial, Community, Educational,
Recreational and Cultural Service and Residential Use Class
Developments (excluding Single Family and Two-Family
Dwellings)
1)
A landscaping plan is required and no landscaping work shall be
commenced unless the landscaping plan is approved by the Designated
Officer.
2)
A landscaping plan shall contain the following information for the site and
adjacent boulevards:
a)
all physical features, existing or proposed, including vegetation,
berm contours, walls, fences, outdoor furniture and fixtures,
garbage/recycle bins, surface utilities, and paving; and
b)
all shrubs and trees, whether existing or proposed, labelled by their
common name, botanical name, and size.
3)
Notwithstanding the regulations of Section 30.1 [2(b)] of this By-law, the
Designated Officer may consider an application if, in his/her opinion, the
development is of such a nature as to enable the decision to be made on the
application without all of the information.
4)
In the event that planting material required in an approved development is
inappropriate or fails to survive, the Designated Officer may allow or
require alternative materials to be substituted.
5)
The applicant shall be responsible for landscaping and proper maintenance.
The Designated Officer shall require, as a condition of approval, that the
applicant provide an irrevocable letter of credit in the amount of 100.00
percent of the estimated landscaping cost, the condition of the said
irrevocable letter of credit being that, if the landscaping is not completed in
accordance with this By-law and the plan within one growing season after
the completion of the development, then the amount required to complete
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the landscaping shall be paid to the Municipality from the said irrevocable
letter of credit.
6)
Where landscaping is required as part of any Commercial Use Class
development, trees shall be provided on the basis of a minimum one tree for
each 45.00 sq. m. (484.59 sq. ft.) of any required yard at grade.
7)
All required yards and all open spaces on Commercial and Industrial Use
Class developments, excluding parking spaces, on-site circulation, outdoor
storage, display and service areas, shall be landscaped in accordance with
the landscaping plan. This shall include appropriate screening of utility
facilities.
8)
All plant material required shall be hardy to the location on the site where
they are planted. The horticultural standards of the Canadian Nursery
Trades Association shall be used as a reference in selecting plants.
9)
For Commercial Use Class developments, deciduous trees shall be at least
63.00 mm. (2.50 in.) calliper when planted and evergreen trees shall have a
minimum height of 2.50 m. (8.20 ft.) when planted.
10)
The owners shall maintain all landscaping and buffering areas required by
this By-law free from refuse and debris and with a neat appearance, and
shall maintain plant materials including lawns and naturalized
landscaping, in a healthy condition. The owner shall replace any plant
material required by this By-law that dies or becomes diseased.
30.2.
Landscaping for Parking and Storage Areas
1)
Where off-street parking for fifty or more vehicles is provided at grade on
a site, there shall be landscaped open space within the parking area.
Landscaped open space in the parking areas shall be provided in the
minimum amount of 1.50 sq. m. (16.15 sq. ft.) for each parking space. The
required landscaping shall not be located in one area, and shall be placed
within the parking area so as to break up large areas of parking and to
provide visual relief.
2)
A parking area having eight or more parking spaces and which is visible
from an abutting site in the RS-1 and RS-2: Residential Single Family,
RT: Residential Two-Family, RM: Residential Multiple Family, RMH:
Residential Mobile Home and RC: Residential Comprehensive Zoning
Districts shall be fenced or have a screen planting. The location, length,
thickness and height of such fence or screen planting shall be in
accordance with the landscaping plan.
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STREET
SIDEWALK
Figure 12.
Parking
3)
A garbage collection area, an open storage area, or an outdoor service area,
which is visible from an abutting site in the RS-1 and RS-2: Residential
Single Family, RT: Residential Two-Family, RM: Residential Multiple
Family, RMH: Residential Mobile Home, and RC: Residential
Comprehensive Zoning Districts, or from a public roadway other than a
lane, shall be fenced or have a screen planting. The location, length,
thickness and height of such fence or screen planting shall be in accordance
with the landscaping plan. Such fence or screen planting shall be
maintained to provide effective screening from the ground to a height of
1.83 m. (6.00 ft.).
4)
In the case of bulk outdoor storage, including but not limited to lumber
yards and similar uses, where because of height of materials stored, a screen
planting would not be sufficient, a fence, earth berm or combination thereof,
with sufficient height to substantially block the view, shall be substituted
for the regulations of Section 30.2 (3) of this By-law.
5)
Where, because of conditions not conducive to good horticultural practices,
a screen planting cannot reasonably be expected to survive, the Designated
Officer shall require a masonry wall, wood fence or earth berm, or
combination thereof, to be substituted for the regulations of Section 30.2 (3)
of this By-law.
6)
Any screen planting required shall consist of evergreen trees or shrubs, or
flowering trees or shrubs, or both. All screen plantings shall be maintained
to provide effective screening from the ground to a height of 2.00 m. (6.56
ft.).
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31. Moving of Structures
1)
No person shall move any structure or part thereof off his/her property to
any other location within the RM unless that structure or part is made to
conform to the regulations of this By-law applicable to the Zoning District
to which it is to be moved and the structure or part as determined by the
Designated Officer will be similar to, or better than, the standard of
surrounding development in terms of building materials.
2)
Before moving a building or portion to a new location, the owner shall enter
into an agreement with the Town containing an undertaking of the owner to
pay all damages arising out of the move and such other terms and conditions
as a Designated Officer deems necessary.
3)
Within one (1) year upon completion of removal of a building from a site,
the old foundation shall be removed, any excavation shall be filled, the
ground shall be leveled and the site shall be put in a safe condition to the
satisfaction of the Designated Officer.
32. Parking
32.1.
General
1)
When any new development is proposed, including a change of use of
existing development, or when any existing development is enlarged or
increased in capacity, then provision shall be made for off-street vehicular
parking or garage spaces in accordance with the regulations and standards
contained in this Section of the By-law as follows:
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TABLE 1
Off Street Parking Regulations
Use Class
Number of Parking Spaces Required
Residential and Residential-Related Use
Classes
Bed and Breakfast Home
Institutional Residence
Mobile Home Dwelling
Multiple Family Dwelling
Single Family Dwelling
Townhouse Dwelling
Two Family Dwelling
1.00/Sleeping Accommodation
1.00/each 2 Dwelling or Sleeping Units
1.00/Dwelling Unit
1.50/Dwelling Unit
1.00/Dwelling Unit
1.50/Dwelling Unit
1.00/Dwelling Unit
Commercial Use Classes
Hotel and Motel
Eating and Drinking Establishment
All Other Commercial Establishments
1.00/Guest Room or Sleeping Unit
1.00/4 Seats or 1.00/9.29 sq. m. (100.00 sq. ft.) of
floor area, whichever is greater
1.00/46.45 sq. m. (500.00 sq. ft.) of floor area
Industrial Use Classes
All Industrial Establishments
1.00/92.90 sq. m. (1,000.00 sq. ft.) of floor area
Agricultural Use Classes
Agri-Business and Agricultural Implement
Sales and Service Establishments
1.00/92.90 sq. m. (1,000.00 sq. ft.) of floor area or
1.00/5 employees, whichever is greater
Community Services Use Classes
Indoor Participant Recreation Service,
Religious Assembly, Outdoor Participant
Recreation Service, Private Club, Public
Library and Cultural Exhibit, and
Community Recreation Service
Extended Medical Treatment Service
Public and Private Education Service
Government Service
Child Care Service
Funeral Service
1.00/5 Seating spaces or 3.05 m. (10.00 ft.) of
bench space. Where there are no fixed seats,
1.00/each 9.29 sq. m. (100.00 sq. ft.) of floor area
devoted to the assembly room floor area
2.00/Bed
1.50/Classroom, plus 1.00/each 9.29 sq. m. (100.00
sq. ft.) of floor area devoted to public use
1.00/51.10 sq. m. (550.00 sq. ft.) of floor area
1.00/2 Employees
1.00/5 Seating places
Downtown Parking Reduction
When Redeveloping an existing building in the CC Zoning District the developer shall not be
required to provide additional parking beyond what is currently available on the site.
Within the CC Zone parking minimums shall be 80 percent (80%) of those listed for the applicable
Use Classes listed above.
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Parking minimums for Multiple Family Dwellings located within, or directly adjacent to, the CC
Zone shall be 80 percent (80%) of those listed for the applicable Use Classes listed above.
Reduced Parking minimums for Commercial Use Classes and Multiple Family dwellings may be
further reduced at the discretion of the Designated Officer to a maximum of 15 percent.
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2)
Where a proposed use is not listed above, the parking regulation shall be
determined by Council which may either determine that the proposed use is
similar to one which is listed, or, if that is not the case, the Designated
Officer shall make his/her own determination as to the regulation.
3)
Where the parking space regulation is determined by reference to a unit such
as the number of bedrooms or seats, floor area, the next higher number shall
be required where the calculation results in a fractional number of parking
spaces.
4)
In the case of the multiple use of a site, the Designated Officer shall
calculate the parking required for each individual use and the total shall be
deemed to be the required parking for the site, unless the applicant can
demonstrate to the satisfaction of Council through a parking demand study
that there is a complementary use of the parking facilities which would
warrant a reduction in the parking regulations.
5)
All accessory off-street parking spaces shall be located on the same zoning
site as the use served, unless permitted by a variation order to locate
elsewhere. When located on a different site, the parking lot site shall be
located no further than 91.44 m. (300.00 ft.) from the zoning site it serves.
As a condition of variation, an agreement shall be entered into ensuring that
the subject sites remain together for the purpose of satisfying parking
requirements.
6)
The off-street parking spaces may be open to the sky or enclosed within a
structure.
7)
The surface of an accessory off-street parking area and its access driveways
shall be surfaced and designed in such a manner that there will be no free
flow of water onto either adjacent properties or along public sidewalks.
They may be paved with either asphalt, concrete or paving bricks, or
suitably surfaced with gravel, crushed rock or other aggregate material.
8)
Lighting used to illuminate an accessory off-street parking area shall be
arranged so that it does not illuminate directly onto the adjoining sites,
streets or lands.
9)
An accessory off-street parking area associated with commercial, industrial,
institutional, educational or major recreational uses as determined by the
Designated Officer shall be provided with bumper guards, wheel stops,
masonry walls or ornamental fences in order to prevent a vehicle from
encroaching onto public or private property. Said bumper guards, wheel
stops, masonry walls or ornamental fences shall be maintained in good
condition at all times.
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10)
When a building is enlarged or a use is extended or changed, the accessory
off-street parking spaces shall be provided for the enlargement, extension,
or new use in accordance with the specific requirements of the particular
zone in which the use is located.
11)
The accessory off-street parking spaces provided for a use shall be solely
for the parking of automobiles of employees, occupants, patrons or visitors
of such use; and shall not be used for major motor vehicle repair work as
determined by the Designated Officer.
12)
Where a common parking area other than a driveway, abuts a "RS-1" and
"RS-2" Residential Single Family Zones, "RT" Residential Two Family
Zone, "RMH": Residential Mobile Home, or "RC" Residential
Comprehensive Zone, the owner or developer of the parking area shall
construct and maintain a solid fence or hedge not less than 1.22 m. (4.00 ft.)
or more than 1.83 m. (6.00 ft.) in height along any portion of the parking
area boundary which abuts the said "RS-1" "RS-2",, "RT", "RMH", and
"RC" zones.
32.2
Parking Spaces and Driveway Aisles
1)
Except as provided below, each required non-residential off-street parking
space shall be a minimum of 2.60 m. (8.53 ft.) in width, and a minimum of
5.50 m. (18.04 ft.) in length, exclusive of access drives or aisles, ramps, or
columns. Such spaces shall have a vertical clearance of at least 2.00 m.
(6.56 ft.). For parallel parking, the length of the parking spaces shall be
increased to 7.00 m. (22.97 ft.), except that an end space with an open end
shall be a minimum of 5.50 m. (18.04 ft.). For parking spaces other than
parallel parking spaces, up to 15.00 percent of the required parking spaces
may be of a length shorter than that required above, to a minimum of 4.60
m. (15.09 ft.).
2)
Driveway aisles shall be a minimum of 7.00 m. (22.97 ft.) wide for 90.00
degree parking, 5.50 m. (18.04 ft.) wide for 60.00 degree parking, and 3.60
m. (11.81 ft.) wide for 45.00 degree and parallel parking.
3)
For Residential and Residential-Related Use Class developments, the
required parking spaces shall be wholly provided on the same site as the
principal building. For all other uses, the parking spaces shall be located
not more than 100.00 m. (328.08 ft.) from the principal building, unless
otherwise approved by Council. Such distance shall be measured along an
accessible public roadway from the nearest point of the parking area to the
nearest point of the site where the principal building or use is located.
32.3 Accessible Parking Requirements
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1)
Out of the total number of required off-street parking spaces, the owner
must provide a portion of those spaces so as to be accessible to persons
who are disabled by barriers. Each such space:
(a)
the width of each required accessible space must be a least 3.05 m.
(10.00 ft.); and for every 10 accessible parking spaces required to be
provided, at least 1 space must be a minimum of 2.44 m. (8.00 ft.)
wide and must have an adjacent loading and manoeuvring area of at
least 2.44 m. (8.00 ft.);
(b)
must be located within 60.96 m. (200.00 ft.) of major building
entrances used by residents, employees, or the public; and
(c)
must include signage reserving the space for the use by persons
disabled by barriers.
2)
At least 1 curb ramp must be located within 30.48 m. (100.00 ft.) of the
auto parking space closest to each entrance to a principal or accessory
building that is not a service entrance.
3)
Accessible parking space requirements are as follows:
Total number of required spaces
Number of accessible spaces required
1-25
1
25-50
2
51-75
3
101-150
5
151-200
6
32.4
Bicycle Parking Requirement
1)
For any new Commercial Use Class or Community Service Use Class, the
owner shall provide l lockable bicycle space per 10 required Off-Street
parking spaces.
2)
Required bicycle parking shall be located with convenient access to the
major building entrance as determined by the Designated Officer.
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33. Signs
33.1.
General
1)
No person shall erect a sign without first obtaining a development permit
from the Designated Officer and no development permit to erect a sign shall
be issued unless all the sign regulations of this By-law have been satisfied.
2)
Where regulations of this By-law are inconsistent with the regulations
respecting signs on or near public highways that are administered by
Manitoba Department of Infrastructure, the more restrictive regulations
shall apply.
3)
Signs are considered accessory uses and shall be developed in accordance
with Section 25.0 of this By-law with the exception that freestanding signs
in all commercial and industrial zoning districts shall be setback a minimum
of 1.52 m. (5.00 ft.) from any property line.
4)
No sign shall be erected, operated, used or maintained which:
a)
due to its position, shape, colour, format or illumination obstructs
the view of, or may be confused with, an official traffic sign, signal
or device, as determined by the Designated Officer or Council;
b)
display lights resembling the flashing lights usually associated with
danger or those used by police, fire, ambulance and other emergency
vehicles;
c)
allows a swinging motion;
d)
except for Community Service Clubs, Religious Assemblies and
General Advertising Signs, is not related to any business upon the
site where the sign is located;
e)
is located on a public right-of-way or sidewalk; and
f)
contains a trademark or emblem other than a trademark or emblem
that is registered or copyrighted in the name of the applicant.
33.2.
Abandoned and Unlawful Signs
1)
Where a Designated Officer finds a sign to be abandoned, the Designated
Officer may by notice in writing or by registered mail, order the registered
owner, the person in possession of the site or building or the person
responsible for the abandoned sign to remove the sign within twenty days
after receipt of the notice, or take such measures as are specified in the
notice to alter and refurbish the sign so that it correctly identifies the
business, or the products and services offered on the site where the sign is
displayed.
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2)
Where a sign contravenes the regulations of this By-law, the Designated
Officer may, by notice in writing, order the owner or the person responsible
for the contravening sign to take such measures as are specified in the notice
to alter the sign so that it complies with the regulations of this By-law, or
remove the sign.
3)
Failure to remove abandoned or unlawful signs, or to comply with the
measures specified in the notice by the Designated Officer, shall result in
the removal of the sign by the Municipality with the owner or the person
responsible for the contravening sign assuming liability for all removal
costs.
33.3.
Sign Regulations
1)
Quality, aesthetic character, and finishing of sign construction shall be to
the satisfaction of the Designated Officer or Council.
2)
No signs shall be erected in the RS-1 and RS-2: Residential Single Family,
RT: Residential Two-Family, RM: Residential Multiple Family, RMH:
Residential Mobile Home, and RC: Residential Comprehensive Zoning
Districts except those expressly provided for in this Section of the By-law.
3)
Fascia signs shall not have letters over 0.60 m. (1.97 ft.) high and which
exceed 80.00 percent of the building width.
4)
Free standing signs are limited to no more than one per lot, except on a
corner lot or through lot. The Designated Officer or Council may allow
more than one free standing sign if warranted by the circumstances.
5)
Where the architectural design and appearance of a building facade for a
multiple business occupancy are uniform, signs or individual businesses
located on the same facade shall, in the opinion of the Designated Officer
or Council, be similar as to proportion, materials, and placement such that
they present a pleasing architectural appearance.
6)
No canopy or awning sign shall be erected over a public right-of-way until
an easement agreement has been entered into with the Municipality and the
canopy or awning sign shall comply with the following regulations:
a)
if supported on posts or by braces, brackets or supports on or
extending over a public right-of-way, the braces, brackets or
supports shall be hidden from view and above the height of the roof
line of the canopy or awning; and
b)
not be constructed in such a manner that drainage from the canopy
or awning falls on any public right-of-way.
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7)
For the purposes of this Section of the By-law, where a lot is occupied by more
than one business (i.e. multiple occupancy) each business shall be considered
a separate business.
8)
Signs shall be developed in accordance with the following regulations as
outlined in Table 2 Sign Regulations:
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TABLE 2
Sign Regulations
Use Class
Types of Signs
Maximum Sign Area
Maximum Sign
Height
Residential and
Residential-Related
Identification
Real Estate
0.37 sq. m. (4.00 sq. ft.)
1.49 sq. m. (16.00 sq. ft.)
3.05 m. (10.00 ft.)
6.10 m. (20.00 ft.)
Agricultural and
Natural Resource
Identification
2.97 sq. m. (32.00 sq. ft.)
10.67 m. (35.00 ft.)
Commercial and
Industrial
(Excluding
Downtown Heritage
Business District as
shown on Map 2)
Business Identification
(if attached to a building only)
Business Identification
(if free standing only)
Business Identification
(if attached to a building and
free standing)
25.00 percent of the building face for
each business (with only the front
wall of the building facing the public
street being eligible), to a maximum
of 18.58 sq. m. (200.00 sq. ft.) for
single occupancy and a combined
maximum of 55.74 sq. m. (600.00
sq. ft.) for multiple occupancy. Up to
20.00 percent of the total eligible
sign area can be assigned to either
side of the building, as long as they
do not face a RS-1, RS-2 or RM
zone.
18.58 sq. m. (200.00 sq. ft.) for a
single occupancy site and 83.61 sq.
m. (900.00 sq. ft.) for a multiple
occupancy site
37.16 sq. m. (400.00 sq. ft.) for a
single occupancy site, 55.74 sq. m.
(600.00 sq. ft.) for a multiple
occupancy site of two businesses,
74.32 sq. m. (800.00 sq. ft.) for a
multiple occupancy site of three
businesses and 92.90 sq. m.
(1,000.00 sq. ft.) for a multiple
occupancy site of more than 3
businesses
10.67 m. (35.00 ft.)
10.67 m. (35.00 ft.)
10.67 m. (35.00 ft.)
Community Services
Identification Sign
(if attached to a building or
free standing)
2.32 sq. m. (25.00 sq. ft.) if the site
abuts the site of a Residential Use
Class development and 4.65 sq. m.
(50.00 sq. ft.) in other Zoning
Districts
10.67 m. (35.00 ft.)
9)
Notwithstanding anything elsewhere contained in this By-law, the
following regulations shall apply to portable signs:
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a)
portable signs are only allowed in the CC: Commercial Central,
CH: Commercial Highway, CN: Commercial Neighbourhood,
CL: Commercial Linear, MB: Industrial Business, or MG:
Industrial General Zoning Districts;
b)
the maximum sign surface area of a portable sign is 4.65 sq. m.
(50.00 sq. ft.);
c)
there shall be no more than one portable sign per lot, except that for
a lot with multiple occupancy there can be a maximum of two
portable signs. Where there is more than one portable sign, the signs
shall be a minimum of 19.81 m. (65.00 ft.) apart;
d)
a portable sign shall comply with the yard regulations of the Zoning
District within which it is located;
e)
flashing or scintillating portable signs are prohibited;
f)
no portable sign shall be placed in such a way that it may interfere
with, obstruct the view of, or be confused with an authorized traffic
signal, warning sign or other regulatory or informational device, and
in no circumstances shall it be located within 3.05 m. (10.00 ft.)
from the nearest part of any exit or entrance driveway;
g)
the maximum height of a portable sign shall be 3.05 m. (10.00 ft.)
measured from grade to the highest part of the sign; and
h)
no portable sign shall be permitted on the same lot as an electronic
reader board sign.
i)
the maximum duration a portable sign shall be located on a site is
ninety (90) consecutive days. Following this ninety (90) day period,
a minimum of thirty (30) days shall expire before a new permit for
a portable sign can be authorized by the Designated Officer.
j)
a portable sign shall not be located within 12.19 m. (40.00 ft.) of any
free-standing sign of any Residential zoned boundary, measure
radically from any point of the sign surface of the portable sign.
10)
Notwithstanding anything elsewhere contained in this By-law, the following
regulations shall apply to a temporary sign that provides information dealing
with a land development project:
a)
the maximum sign surface area is 13.94 sq. m. (150.00 sq. ft.);
b)
the sign shall comply with the yard regulations of the Zoning
District within which it is located;
c)
the sign shall be placed in such a way that it will not interfere with,
obstruct the view of, or be confused with an authorized traffic signal,
warning sign or other regulatory or informational device, and in no
circumstances shall it be located within 3.05 m. (10.00 ft.) from the
nearest part of any exit or entrance driveway;
d)
the sign is only allowed to be placed at the location of the land
development project;
e)
the sign shall be removed within thirty days of the last sale of any
lots or buildings or at the discretion of the Designated Officer; and
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f)
the applicant shall pay the applicable fees and sign a letter indicating
that they will comply with these regulations.
11)
Notwithstanding anything elsewhere contained in this By-law, the following
regulations shall apply to other temporary signs:
a)
the maximum sign surface area shall be 4.65 sq. m. (50.00 sq. ft.);
b)
the sign shall comply with the yard regulations of the Zoning
District within which it is located;
c)
the sign shall be placed in such a way that it will not interfere with
an authorized traffic signal, warning sign or other regulatory or
informational device, and in no circumstances shall it be located
within 3.05 m. (10.00 ft.) from the nearest part of any exit or
entrance driveway;
d)
the sign shall be removed within seven days after the date of the
advertised community event or at the discretion of the Designated
Officer; and
e)
the applicant shall pay the applicable fees and sign a letter indicating
that they will comply with these regulations.
12)
Notwithstanding the above, general advertising signs shall be considered a
conditional use development and shall comply with the following
regulations:
a)
The maximum sign surface area shall be 37.16 sq. m. (400.00 sq.
ft.);
b)
The maximum sign height shall be 10.67 m. (35.00 ft.)
c)
No general advertising sign shall be placed in such a way that it will
interfere with an authorized traffic signal, warning sign or other
regulatory or informational device; and
d)
Council may impose additional conditions on the installation of a
general advertising sign deemed necessary to protect adjacent sites
and the public welfare.
34. Off Street Loading
1)
When any new development is proposed including a change of use of
existing development, or when any existing development is, in the opinion
of the Designated Officer, substantially enlarged or increased in capacity,
off-street vehicular loading and unloading spaces shall be provided in
accordance with the following:
a)
For
all
Commercial
Use
Class
developments
excluding
Professional, Financial and Office Support Services:
i)
One space shall be required for less than 465.00 sq. m.
(5,005.38 sq. ft.), two spaces for 465.00 sq. m. (5,005.38 sq.
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ft.) to 1,500.00 sq. m. (16,146.39 sq. ft.) and one space for
each additional 2,300 sq. m (24,757.80 sq. ft.).
b)
For all Professional, Financial and Support Services, as well as all
Industrial, Basic Service, or Community, Educational, Recreational,
and Cultural Service Use Class developments:
i)
One space shall be required for up to 2,800.00 sq. m
(30,139.94 sq. ft.) and one additional space up to a maximum
of five for each additional 2,800.00 sq. m (39,139.94 sq. ft.).
2)
All loading and unloading spaces shall be located on the site so that all
materials and commodities loaded or unloaded can be easily collected or
distributed within the site, to and from all tenants or occupants. Access shall
be so arranged that no backing or turning movements of vehicles going to
or from the site causes interference with traffic on the adjoining or abutting
public roadways, lanes, sidewalks, or boulevards.
3)
Loading and unloading spaces shall be of adequate size and with adequate
access, both to the satisfaction of the Designated Officer, to accommodate
the types of vehicles which will be loading and unloading, without those
vehicles projecting into a public roadway. In no case shall the space be less
than 28.00 sq. m. (301.40 sq. ft.), or less than 2.60 m. (8.53 ft.) wide, or
have less than 3.70 m. (12.14 ft.) of overhead clearance.
35. Excavation, Stripping and Grading
1)
For the purpose of this Section of the By-law, excavation shall mean
excavation other than for construction or building purposes, including but
not limited to topsoil stripping and the construction of artificial bodies of
water.
2)
A person wishing to excavate, strip or grade land shall:
a)
comply with Municipal By-laws, as amended, that regulate the
excavation, stripping or grading of land; and
b)
provide the following details in his/her development permit
application:
i)
the location and area of the site on which the excavation,
stripping or grading is to take place;
ii)
the existing land use and vegetation;
iii)
the type and dimensions of the excavation to be made, and
the effect on existing drainage patterns; and
iv)
the condition in which the excavation is to be left when the
operations is complete, or the final disposition to be made of
the area from which the topsoil is to be removed, including
the action which is to be taken for restoring the condition of
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the surface of the land to be affected, and for preventing,
controlling or lessening the creation of erosion or dust from
the land.
3)
The Designated Officer shall consider every application for a permit to
excavate land, and shall not issue a permit unless he/she is satisfied that:
a)
the operation will be carried out so as to create a minimum of dust
and environmental disturbance; and
b)
the operation is one which, in the opinion of the Designated Officer,
is reasonable necessary for the use and development of the land in
question.
4)
The Designated Officer may require as a condition of issuing a permit to
excavate land, that the applicant take the precautions and follow the
methods prescribed by the Designated Officer for the prevention or control
of dust or any other nuisance caused by the proposed operation, and for the
reclamation of the site if required.
36. Performance Standards for Industrial Use Class Developments
36.1.
Applicability
All Industrial Use Class developments shall comply with the performance standards
of this Section of the By-law and other requirements in applicable Federal,
Provincial or Municipal legislation. Where in the opinion of the Designated
Officer, a use may not comply with the said performance standards or requirements,
he/she may require that the applicant submit a statement from a Certified
Professional Engineer of Manitoba confirming that the proposed use satisfies the
said performance standards or requirements.
36.2.
Performance Standards
36.2.1. Emission of Air and Water Contaminants
1)
No operations or activity shall emit air and water contaminants in excess of
the standards prescribed by the Province of Manitoba pursuant to The
Environment Act and the regulations pertaining thereto.
36.2.2. Noise
1)
In the following districts no activity or operation shall cause, or permit to
be caused, a noise level at or inside the lot line of a site which exceeds the
regulations of the Province of Manitoba pursuant to The Environment Act
and regulations pertaining thereto, or the Town of Virden Noise By-law, as
amended:
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x
RS-1 and RS-2: Residential Single Family
x
RT: Residential Two-Family
x
RM: Residential Multiple Family
x
RC: Residential Comprehensive
x
RMH: Residential Mobile Home
36.2.3. Appearance
1)
All Industrial Use Class developments in the MB: Industrial Zoning District
shall comply with the following appearance standards:
a)
All loading, service, trash collection and accessory storage areas,
and trucking yards shall be located to the rear or sides of the
principal building, and shall be screened from view from any public
roadway and from adjacent sites, by building walls, landscape
materials, berms, fences or a combination thereof, from the ground
to a height of 2.00 m. (6.56 ft.).
b)
The Designated Officer may require that exposed projections
outside the building such as mechanical and electrical equipment,
transformer ducts, and materials handling equipment be screened
from view from any public roadway, or from adjacent sites if, in
his/her opinion, such projections are inconsistent with the character
and appearance of surrounding development or the intended visual
qualities of the said Zoning District.
c)
All buildings shall be constructed and finished with durable
materials designed to maintain the initial appearance of the
development throughout the life of the project. The Designated
Officer may require that the appearance of metal, or concrete block
walls exposed to public view from beyond the site be improved
where, in his/her opinion, such walls are inconsistent with the
finishing materials or appearance characteristic of surrounding
development.
2)
Any use or activity in the MG: Industrial General Zoning District shall
comply with the following appearance standards:
a)
All outdoor service, assembly, trash collection and storage areas
including the trucking yards associated with such activities shall be
located to the rear or sides of the principal building. Loading and
trash collection facilities serving office, warehouse and similar
developments, where the handling or assembly of goods is carried
on within a building, shall be allowed to the rear, sides or front of
the principal building.
b)
Outside display areas are permitted to the side or front of the
principal building, provided that such displays are limited to
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examples of equipment or material related to the industry or
business located on the site.
37. General Performance Standards for Residential and Commercial Uses
37.1.
General Performance Standards for Residential Uses
Residential uses shall comply with the following standards:
1)
In any development, the design, use of exterior finishing materials and
construction shall be to the satisfaction of the Designated Officer or Council
who shall require, as far as reasonably practicable, that materials will be
used which ensure that the standard of the buildings will be similar to, or
better than, the standard of surrounding development. The Designated
Officer or Council may require that the appearance of walls exposed to
public view from beyond the site be improved where the appearance of such
walls is inconsistent with the finishing standards of surrounding
development.
37.2.
General Performance Standards for Commercial Uses
Commercial uses shall comply with the following standards:
1)
All commercial developments:
a)
shall be designed to:
i)
convey an image of cohesive appearance and architectural
character;
ii)
ensure that offices, reception and public use areas are easily
identifiable and visible from the public roadway; and
b)
shall be constructed and finished with durable materials to maintain
the initial appearance of the development throughout the life of the
project.
2)
The Designated Officer or Council may require that the appearance of walls
exposed to public view from beyond the site of a commercial development
be combined with other materials where, in his or Council's opinion, such
walls are inconsistent with the finishing materials or appearance
characteristics of surrounding developments.
3)
The location of the principal building on a site of a commercial development
shall take into account:
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a)
the setbacks and building placements on adjacent sites; and
b)
the micro-climatic effects including shading of adjacent buildings or
sites.
4)
Garbage collection, loading, storage or outdoor service areas for
commercial developments shall be developed in accordance with Section
30.2 of this By-law and the following:
a)
All outdoor storage shall be related to the business on the site.
b)
There shall be no outdoor storage of objects or chattels which, in the
opinion of the Designated Officer or Council, are unsightly or
adversely affect the character or appearance of the site or
surrounding developments.
38. Development Restricted
38.1.
Noxious or Offensive Uses
1)
Nothing in this By-law, or in a development permit, approval or a
conditional use order, variation order or other approval issued under this
By-law or under the Act, shall be construed as authorization for the carrying
out of any activity that is a nuisance.
38.2.
Lands Subject to Flooding and Adjacent to Waterways
1)
In areas where a specific flood risk has not been identified, dwellings and
principle buildings shall be set back from natural waterways a distance of
at least 10 times the height of the bank from the normal high water mark
or 30.00 m. (100.00 ft.), whichever is greater, as determined by the
Designated Officer. These limits may be reduced, at the discretion of
Council, if verified by an engineering analysis.
2)
Notwithstanding any other provision of this By-law, the Designated
Officer may:
a)
Refuse a building and/or development permit where the Town of
Virden Council or Province has determined that the proposed
building or structure is to be located on lands subject to erosion,
bank instability, sloughing or is to be located on low-lying
wetlands having insufficient bearing strength to accommodate said
building or structure; or
b)
Require that the proposed building or structure be constructed and
located in such a manner as to negate the effects of the hazard as
determined by a qualified engineer licensed in the Province of
Manitoba.
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3)
Where development, dwellings and other principal buildings, attached
garages, detached accessory buildings or buildings associated with high
flood damage potential, are proposed for lands within flood risk areas
below the 1 in 200 year flood level or flood of record (Refer to Reference
Map 1), whichever is greater, the following provisions shall apply:
4)
The following provisions apply to dwellings and principal buildings:
a)
No dwelling or other principal building shall be constructed or
placed on land where the vertical separation of the natural grade is
more than 1.00 m. (3.3 ft.) below the flood protection level
b)
Dwellings and other principal buildings may be constructed or
place on land where the vertical separation of the natural grade is
less than 1.00 m. (3.3 ft.) below the flood protection level subject to
the following requirements:
i)
The finished floor level of the main floor shall be located at
least 0.91 m. (3 ft.) above the flood protection level;
ii)
The level of surrounding fill at the building shall not be less
than 0.61 m. (2 ft.) above the flood protection level, and shall
not slope more than .15 m. (6 in.) for a horizontal distance
of 4.57 m. (15 ft.) from the building;
iii)
The bottom of all openings in the exterior walls for
windows, doors and similar features shall be located at least
0.61 m. (2 ft.) above the flood protection level;
iv)
Basement walls and slabs shall be designed to withstand
hydrostatic pressure;
v)
Electrical service panels and potable water shut off valves
shall be located on the main floor;
vi)
Buildings with basements or crawl spaces below grade
shall be protected with an approved weeping tile system
connected to a sump pump which shall discharge onto the
grade outside the building;
vii)
Backwater valves shall be installed on all building sewers
at an approved location on the main building drain;
viii)
The application for a development permit, as required by
Section 12.0 of Part 2 of this By-law shall be accompanied
by a statement form a Manitoba Land Surveyor or an
engineer registered to practice in the Province of Manitoba,
certifying that the site has been rough graded to the flood
protection elevation as provide for in clause i); and
ix)
The flood level shall be specifically shown on a cross
sectional drawing of the proposed building which shall
accompany the application for a development permit.
5)
The following provisions apply to attached garages
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a)
The finished floor elevation shall be located at least 1 ft. above the
flood protection level; and
b)
All land within 3.05 m. (10 ft.) of the exterior walls shall be raised
by fill to the flood protection level.
6)
The following provisions apply to all detached accessory buildings:
a)
No accessory building shall be located where the vertical
separation between the natural grade and the flood protection level
exceeds 1.0 m. (3.3 ft.).
b)
That portion of the building which is located below the flood
protection level shall be constructed of masonry, pressure treated wood or
other water-resistant material; and
c)
Any immovable equipment or hazardous material stored in the
building shall be stored 1.0 m. (3.3 ft.) above the flood level.
7)
The following provisions apply generally:
a)
Buildings used for the storage of hazardous materials that are
buoyant, flammable, explosive or may be injurious to human,
animal or plant life shall not be permitted in this area by Council if
they are potentially hazardous or may endanger life and property.
b)
All storage tanks for fuel or any other liquid shall be firmly anchored
to prevent flotation and shall have the vent and filler pipes extended
0.91 m. (3 ft.) above the flood protection level.
c)
The Designated Officer may require the owner of any proposed
building within the designated flood risk area to provide appropriate
drawings, certified by a professional engineer.
d)
No building shall be located in this area in such a fashion as to hinder
the movement of floodwaters.
e)
The minimum setback requirement from waterways for activities
which may have the effect of polluting the waters shall be
determined by Council upon recommendation from Provincial
government authorities.
f)
The applicant shall, upon request of Council or the Planning District
Board, submit evidence prepared by a licensed professional
engineer of the Province of Manitoba to support the application for
the development proposed to be located on land subject to flooding
or land containing steep slopes. Such evidence may include bank
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stability, design of flood prevention works and evaluation of effects
on flood stages and velocities.
38.3.
Outdoor Solid Fuel Fire Appliances
An outdoor solid fuel fire appliance is not allowed within the Town of Virden, except as
provided in any Solid Fuel or related by-law in force in the Town of Virden.
38.4.
Dwelling Setbacks
1)
No dwelling unit shall be located within 402.34 m. (1,320.00 ft.) of the
boundary of any active waste disposal ground unless:
a)
a Certified Professional Engineer of Manitoba determines that there
will be no migration of methane gas; and
b)
approval has been obtained from Manitoba Conservation.
2)
No dwelling unit shall be located within 457.20 m. (1,500.00 ft.) of the
boundary of a Municipal sewage lagoon.
3)
No dwelling unit shall be located within 15.24 m. (50.00 ft.) from the edge
of a right-of-way established for the transmission of high-pressure natural
gas or the transmission of hydro electricity in excess of 100 kilovolts.
4)
No dwelling unit shall be located within 30.48 m. (100.00 ft.) from the edge
of a railway right-of-way. New multi-lot developments adjacent to an active
railway may be required to conform to the Federation of Canadian
Municipalities' Guidelines for New Development in Proximity to Railway
Operations.
5)
No dwelling unit shall be located within 152.40 m. (500.00 ft.) from any
active Natural Resource Development.
6)
Dwellings or buildings containing dwelling units shall be setback from
commercial propane and bulk oil storage buildings and structures the same
distance as required to be setback under the Canadian Transport
Commission and/or the Manitoba Fire Commission Office.
38.5.
Corner Vision Triangles
1)
Excluding the Downtown Heritage Business District as shown on Map 2,
no building, structure, sign, fence, parking area, shelterbelt, hedge or
stockpiling of materials exceeding a height of 0.91 m. (3.00 ft.) above grade
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shall be located within a triangular area of any lot adjacent to an intersection
of two public streets, or an intersection of a public street and active railway,
with the sides of the triangular area being measured a distance of 3.05 m.
(10.00 ft.) along each lot line from the point of intersection.
Figure 13: Corner Vision Triangle
38.6.
Side Yard Exceptions
1)
For the purpose of side yard regulations, the following dwellings that have
common party walls shall be considered as one building occupying one lot:
Two Family Dwellings, Semi-Detached Dwellings, Townhouse Dwellings
and Multiple Family Dwellings. Side yard regulations shall not apply along
the common party walls.
38.7.
Hazardous Materials Storage
1)
No commercial-related or industrial-related Bulk Storage Facility,
Agricultural Crop Protection Warehouse or Agricultural Product Storage
shall be located within:
a)
304.80 m. (1,000.00 ft.) of a building used for human occupancy;
and
b)
100.00 m. (328.08 ft.) from the edge of the rights-of-way of
Provincial Trunk Highways, Provincial Roads as well as all
Provincial Access Roads.
38.8.
Building Grade
1)
No building or structure shall be erected without first obtaining from the
Designated Officer written instructions as to the grade for the building or
structures to be erected, which shall be in accordance with any applicable
lot grading by-law. It shall be the continuing obligation of the property
owner to 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 that
the flood protection level.
10 ft.
Corner
Vision
Triangle
10 ft.
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2)
The grade of any site shall not be raised or lowered by more than 0.15 m.
(0.50 ft.) of the adjacent site without the approval of the Designated Officer.
When evaluating the raising or lowering of the grade of any site by 0.15 m.
(0.50 ft.) or more, flood level information, street elevation, service
installations, elevation of adjacent sites, drainage, appearance and other
pertinent factors shall be taken into consideration.
38.9.
Composting
1)
The composting of private household material is permitted within all
Zoning Districts. For the composting of any other material, Council may
require a detailed engineering study from the applicant certifying that the
proposed composting operation meets or exceeds all applicable Provincial
regulations.
38.10.
Land Drainage
1)
A development permit shall be required for any drainage works undertaken
on any lands, where it is proposed to alter or divert the natural course of a
watercourse.
2)
Notwithstanding any other regulation of this By-law, the Designated Officer
or Council may refuse a development permit for, or prohibit, any drainage
works to be undertaken on lands where it has been determined that such
works would create an adverse effect on adjacent public or private lands or
where adjacent drains are insufficient to accommodate the added runoff.
38.11.
Buildings Restrictions Adjacent to Airports
1)
No buildings or structures shall be erected within 60.96 m. (200.00 ft.) strip
parallel to and on either side of the centerline of a runway; and 243.84 m.
(800.00 ft.) from either end of a runway.
2)
No building constructed around an airport shall exceed the following height
restrictions:
a)
no building along the edge of a runway shall exceed a height of 0.31
m. (1.0 ft.) vertical for every 1.54 m. (5.00) ft. measured horizontally
from the edge of the runway strip, as illustrated below; and
b)
no building located in the takeoff or approach paths to a runway
shall exceed a height of 0.31 m. (1.0 ft.) vertical for every 7.62 m.
(25.00) ft. measured horizontally from the ends of the runway strip
and diverging ten (10) percent from the extension of the edges of the
runway, as illustrated below.
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Figure 14:
Plan View of Building Restrictions Adjacent to Airports
Figure 15:
Three Dimensional View of Building Restrictions Adjacent to
Airports
38.12.
Metal Shipping Containers
Metal Shipping Containers shall comply with the following regulations and shall
only be allowed in Industrial Zoning Districts:
(1)
If on-site for less than 90 days per calendar year:
a)
Shall be classified as a Temporary Use.
b)
Shall be located to the rear and/or side of the principal building.
c)
For sites less than 1.00 hectare (2.27 acres) there shall be no more
than 2 metal storage containers; for sites between 1.00 hectares
(2.27 acres) and 2.00 hectares (4.94 acres) there shall be no more
than 4 metal storage containers; and for sites greater than 2.00
hectares (4.94 acres) there shall be no more than 6 metal storage
containers.
d)
Shall comply with Section 25.4 of this By-law.
(2)
If on-site for more than 90 days per calendar:
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a)
Shall be classified as an Accessory Use.
b)
Shall be located to the rear and/or side of the principal building.
c)
Shall be placed on a concrete slab foundation.
d)
Shall be painted to match the colour of the principal building.
e)
For sites less than 1.00 hectare (2.27 acres) there shall be no more
than 2 metal storage containers; for sites between 1.00 hectares
(2.27 acres) and 2.00 hectares (4.94 acres) there shall be no more
than 4 metal storage containers; and for sites greater than 2.00
hectares (4.94 acres) there shall be no more than 6 metal storage
containers.
f)
Shall comply with Sections 25.1 and 25.3 of this By-law.
g)
Notwithstanding any other provisions of this By-law, Metal
Shipping Containers or similar uses as determined by the
Designated Officer are classified as a Conditional Use.
38.13.
Canvas Buildings
1)
Notwithstanding any other provisions of this By-law, canvas buildings or
buildings
with
similar
material,
excluding
temporary
canvas
buildings such as gazebos as determined by the Designated Officer shall
be classified as a conditional use and shall be only used as an accessory
building.
38.14.
Boats, Trailers, Un-Licensed Vehicles and Motor Homes
Boats, trailers, un-licensed vehicles, and motor homes if they are used for
personal use are allowed to be stored in the Rear or Side yard of a residential
property provided that:
a)
the Rear or Side Yards are vehicle accessible;
b)
residential occupancy is prohibited during storage;
c)
storage is not used for commercial purposes unless specifically
allowed for in that Zone; and
d)
they comply with the parking requirements provided in this By-
law.
e)
they cannot be allowed to park in the front driveway for more than
seven consecutive days.
38.15.
Railways
1)
Nothing in this By-law shall be so interpreted as to interfere with the
normal operations and maintenance of the Canadian Pacific Rail trackage.
2)
Any railway office buildings, warehouse facilities, maintenance buildings
and storage areas shall be subject to the provisions of this By-law.
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38.16.
Landlocked Sites
1)
Council may permit development on a site which only has frontage on a
private lane or road, provided that the said lane or road is at least 6.01 m.
(20.00 ft.) in width and intersects with a street, and is secured for access
by the means of a registered easement.
2)
For the purpose of establishing the position of required yards, the
Designated Officer shall determine the front, side and rear site lines of a
landlocked site.
38.17.
Unconventional Sites
1)
Where a site is of such unique configuration that the required yards cannot
be ascertained in accordance with the definition of Yards in this By-law,
the Designated Officer may determine the site lines and required yards.
The location and dimensions of required yards shall be consistent with the
intent of the yards specified for the Zone within which the site is located.
39. Streets
1)
No building or structure shall be erected upon any land designated for a
future road allowance by Council. Any development adjacent to said future
road allowance shall comply with the regulations of the By-law as if the
said future road allowance was already in existence.
40. Connecting to Municipal Services
1)
All new principal buildings constructed on a site that is serviced by
Municipal sewer or water shall, where feasible, be connected to such
services.
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41. Applicability
1)
The Special Land Use Regulations apply to the uses listed irrespective of
the Zoning District in which they are located. Where these regulations
appear to be in conflict with the Zoning District regulations in which the
use is either a permitted use or conditional use, the Special Land Use
Regulations shall take precedence and shall be applied in addition to the
regulations in the Zoning District.
42. Vehicular - Oriented Uses
42.1.
Applicability
1)
The following Commercial Use Class developments shall comply with the
regulations of this Section of the By-law:
a)
Drive-In Food Services;
b)
Gas Bars;
c)
Service Stations;
d)
Rapid Drive-Through Vehicle Services; and
e)
Automatic Teller Machines.
42.2.
Development Regulations
1)
Vehicular-oriented uses shall be located only where the Designated Officer
or Council is satisfied that the development will not adversely affect the
functioning of the surrounding public roadway.
2)
The minimum frontage shall be 30.48 m. (100.00 ft.).
3)
Service Stations and Rapid Drive-Through Vehicle Services shall have a
minimum site depth of 30.48 m. (100.00 ft.).
4)
Stacking space shall be provided as follows:
a)
For Drive-In Food Services and other Commercial Use Class
developments having a drive-up service window, a minimum of six
in-bound stacking spaces shall be provided for vehicles approaching
the drive-up service window. One out-bound stacking space shall
be provided on the exit side of each service position and this space
shall be located so as not to interfere with service to the next vehicle.
b)
For Rapid Drive-Through Vehicle Services, a minimum of five in-
bound and three out-bound stacking spaces shall be provided for
each service bay, except that in the case of a complete service car
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wash a minimum of twenty in-bound and five out-bound stacking
spaces shall be provided.
c)
For Automatic Teller Machines, a minimum of three in-bound and
one outbound stacking spaces shall be provided for each machine.
d)
All stacking spaces shall be a minimum of 5.49 m. (18.00 ft.) long
and 3.05 m. (10.00 ft.) wide. Stacking lanes shall provide sufficient
space for turning and manoeuvring.
5)
Gas Bars and Service Stations shall comply with the following additional
regulations:
a)
All pump islands and underground storage tanks shall be located at
least 6.10 m. (20.00 ft.) from any boundary of the site, parking area
on the site, or laneways intended to control traffic circulation on the
site.
b)
Refuelling areas are not permitted in a required parking area.
c)
A canopy over a pump island may extend to within 3.05 m. (10.00
ft.) of the boundary of the site. The canopy area shall not constitute
part of the site coverage for the purpose of this Section of the By-
law.
43. Home Occupations
A Home Occupation shall comply with the following regulations:
1)
The Home Occupation shall be in contravention of this Zoning By-law
unless it conforms to the Municipal Licensing By-law and amendments
thereto.
2)
The Home Occupation shall not include adult entertainment; dating and
escort service; body modification; on-site painting, body repairs, or other
repairs to automobiles, trucks, boats, trailers, or motorized vehicles; vehicle
towing operations; dispatch centres for auto-oriented services; sales of
firearms or ammunition; any business utilizing radio transmission
equipment; and any business engaged in the sales and rental of automobiles,
light trucks or motorcycles
3)
There shall be no outdoor business activity, or storage of material or
equipment associated with the Home Occupation.
4)
The Home Occupation shall not generate pedestrian or vehicular traffic, or
parking, in excess of that which is characteristic of the Zoning District in
which it is located.
5)
The Home Occupation shall be owned by the member(s) of the family
residing at the dwelling unit without the employment of other persons.
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6)
Notwithstanding Section 33.0 of this By-law, the Home Occupation may
have one non-illuminated identification sign not exceeding 1.15 sq. m.
(12.00 sq. ft.) in area, indicating the name of the occupant and/or Home
Occupation of the occupant provided the sign is attached to and parallel with
the wall of the principal or accessory building.
7)
There shall be no mechanical or electrical equipment used which creates
noise, or visible and audible interference in radio or television reception in
adjacent dwelling units.
8)
The Home Occupation shall be operated as a secondary use only, and shall
not change the principal character or external appearance of the dwelling
unit involved.
9)
A Home Occupation within a dwelling unit or accessory building shall not
exceed a maximum floor area of 27.87 sq. m. (300.00 sq. ft.) or twenty -
five percent (25%) of the floor area, whichever is lesser.
10)
The Home Occupation shall not be permitted if, in the opinion of the
Designated Officer, such use would be more appropriately located in
another Zoning District having regard for, among other matters, potential
traffic generation and potential interference with the residential character of
the area.
11)
In addition to the information regulations of Section 12.0 of this By-law,
each application for a development permit for a proposed Home Occupation
shall include a description of the office use to be undertaken at the premises
and an indication of where any materials, equipment or vehicles associated
with the office use are to be stored.
12)
A permit for a Home Occupation is not transferable to a new homeowner.
13)
In the case of retail sales, the home occupation offers commodities for sale
which are limited to those produced or repaired on the premises or directly
related to the service being provided by the home-based business.
44. Bed and Breakfast Homes
A Bed and Breakfast Home shall comply with the following regulations:
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1)
There shall be no exterior display or advertisement larger than 1.49 sq. m.
(16.00 sq. ft.) in area, provided that no sign shall be illuminated and any
sign must be compatible with the residential character of the area.
2)
The Bed and Breakfast Home shall not generate vehicular traffic or parking
that is in excess of what is normally characteristic of the area.
3)
The Bed and Breakfast Home shall be operated by a live-in owner as a
secondary use only and shall not change the principal residential character
or external appearance of the dwelling unit.
4)
The Bed and Breakfast Home shall have a maximum of:
a)
three bedrooms or bedroom suites in the RS-1 and RS-2: Residential
Single Family, RT: Residential Two-Family, RM: Residential
Multiple Family and CC: Commercial Central Zoning Districts.
5)
Meals shall be limited to the owner-occupants of the Bed and Breakfast
Home and resident guests therein with no cooking facilities allowed in the
bedrooms or bedroom suites.
6)
In addition to the parking regulations for the primary use, one additional on-
site parking space shall be provided for each bedroom or bedroom suite.
7)
Approved smoke alarms shall be required:
a)
in every bedroom or bedroom suite; and
b)
in the common corridor of every storey or floor level, even if no
bedroom or bedroom suite is provided on that storey or floor level.
The smoke alarms are to be electrically hard wired to each other in cases
where major renovations are to take place.
8)
An approved 2.20 kg. (4.85 lb.) multi-purpose portable fire extinguisher
shall be visibly mounted near the kitchen exit door, preferably the door
leading directly outdoors.
45. Planned Unit Developments
The intent of this section is to provide for alternate forms of land development
within the Town of Virden including multiple uses of a site, multiple buildings or
structures on a single site, bare land unit condominiums and similar which may not
comply with the Appendix C: Bulk Regulations or other regulations of this By-law.
The design of such developments shall, however, produce an environment of stable
and desirable character and shall incorporate at least the equivalent standards of
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amenity, parking and loading and other requirements and standards as applicable
in this By-law.
45.1.
Condominiums
1)
Condominium developments are characterized by individual ownership of
dwelling or land units and common ownership of all other property
including buildings and structures or parts thereof, open space, roadways,
pathways and equipment held by the condominium corporation. Such
development shall be conditional uses and shall be regulated by the
following provisions:
45.1.1. New Condominium Developments
1)
In bare land unit condominium developments:
a)
Each "bare land unit" as defined in The Condominium Act, which is
delineated by horizontal land boundaries, shall be considered a
"site" as defined herein for the purposes of determining site area and
width, yards and other requirements;
b)
Those "common elements" as defined in the said Act, which will be
ordinarily used for the passage of vehicles or pedestrians including
roads, road allowances, streets and lanes but not including
pedestrian walkways or off-street vehicle parking areas; shall be
considered:
i)
a "street" as defined herein where such thoroughfare is over
10.06 m. (33.00 ft.) in width; and
ii)
a "lane" as defined herein where such thoroughfare is not
over 10.06 m. (33.00 ft.) in width.
c)
The provisions of the Use Table and Site Requirement Table for
the zone in which the development is to be located and all other
regulations and requirements of this By-law shall apply.
2)
In condominium developments where the individual dwelling units within a
building form the condominium units:
a)
The development shall be considered as a multiple-family dwelling.
That is, the individual condominium units within the building shall
be considered as dwelling units within a multi-family dwelling
(apartment block or townhouse) for the purposes of this By-law, and
the building containing the condominium units shall be considered
as a multi-family dwelling for the purposes of site, yard, height, etc.
requirements.
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45.1.2.
Condominiums as Planned Unit Developments
1)
A Condominium Development that propose a mixture of different land uses,
or which do not conform to the requirements of this By-law may be deemed
by Council, a Planned Unit Development and shall be subject to Subsection
45.1.3 below.
45.1.3.
Planned Unit Developments
1)
A Planned Unit Development is primarily a major land development project
which, because of its size or complexity, high density, mixture or land uses
or other unusual characteristics, is planned as a single entity in accordance
with an overall site plan. There are many possible innovative projects with
Planned Unit Development, including but not limited to the following:
a)
comprehensive redevelopment - mixed use projects in downtown
areas;
b)
higher quality townhouse and apartment projects characterized by
diverse designs and more public and private amenity space;
c)
more interesting subdivision layouts characterized by an open space
nature, clustered developments, preservation of natural features,
separation of pedestrian and vehicular systems, staggered setbacks,
diverse housing types and models and reduced amount of land
devoted to streets and public works; and
d)
shopping centres and industrial developments with a greater amount
of landscaping and parking, less open storage and building designs
which are more compatible with adjacent uses and more visually
pleasing.
2)
Planned Unit Developments are listed as conditional uses in appropriate
zones and shall be subject to the following requirements:
a)
Appendix B Permitted and Conditional Use and Appendix C. Bulk
Regulations shall not directly apply to Planned Unit Developments.
The design, however, shall produce an environment of stable and
desirable character and shall incorporate at least equivalent
standards of amenity, open spaces, building separation, parking and
other requirements and provisions of this By-law;
b)
An application for the establishment of a Planned Unit Development
shall be accompanied by the following information:
i)
those requirements normally required for the
issuance of a development permit as outlined in
Section 12.0;
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ii)
an Impact Statement or Study as determined by
Council; and
iii)
such additional information as Council may consider
necessary for the review of the proposal.
3)
A residential Planned Unit Development may contain two or more principal
buildings subject to the following criteria:
a)
the minimum site area for a Planned Unit Development shall be one
(1) acre;
b)
side, front and rear yards equal to the requirements of the zone in
which the Planned Unit Development is located, shall be
maintained;
c)
in no case shall buildings be closer to each other than the sum of the
required yards for adjoining walls; and
d)
the density of development shall not be increased by greater than ten
(10) percent of the normal density permitted in that zone.
45.1.4.
Subdivision of Existing Attached Dwellings
1)
For the purpose of changing from a tenancy to an ownership situation, a site
with a two-family attached dwelling or a row type dwelling located thereon
may be subdivided into two or more sites provided that:
a)
any new side site line shall, where possible, be a straight line
between the front and rear site lines, located in such a manner that
the party wall of two adjacent units shall form part of the new side
site line;
b)
each site created shall have frontage on a street other than a lane;
c)
each site created shall provide not less than one (1) on-site parking
space having access directly to either a public lane or street;
d)
the permitted use for each site created shall be for one attached
single-family dwelling unit only;
e)
all applicable provisions of the Town of Virden Building By-law
and Sewer & Water By-law shall be complied with;
f)
In the case of the subdivision pertaining to a two-family attached
dwelling, the minimum site requirements as outlined in Appendix C
Bulk Regulations must be provided with the exception that no side
yard is required along the party wall.
g)
notwithstanding the minimum requirements of Appendix C: Bulk
Regulations in the case of row type dwellings, any new site created
pursuant to this Subsection shall have a minimum site area of one
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thousand six hundred (1600) square feet and a minimum frontage of
sixteen (16) feet. No side yard is required along a party wall.
46. Private and Semi-Private Swimming Pools and Hot Tubs
A Private and Semi-Private Swimming Pool and Hot Tub shall comply with the following
regulations:
1)
They shall meet Provincial regulations.
2)
They shall be considered as being accessory to a permitted use and shall be
developed in accordance with Section 25.0 of this By-law.
3)
They shall be located a minimum of 1.52 m. (5.00 ft.) from any side or rear
property lines.
4)
all outdoor swimming pools shall be completely enclosed with a fence or
other suitable barrier constructed or erected in accordance with the
following:
a)
it shall have a minimum height of six (6) feet including gates, which
shall be self-closing and equipped with a lockable latch to prevent
unauthorized entry;
b)
there shall be no openings other than an entry to a building or gate
and it shall be constructed so as to prevent a child from crawling
under the fence or gate;
c)
where other than chain link is used, the outside surface of the
enclosure shall be smooth so as not to provide foot or toe holds; and
d)
the enclosure surrounding an outdoor swimming pool shall be
maintained in good repair.
47. Secondary Suites
1)
Secondary Suites shall comply with the following regulations:
a)
An Occupancy Permit has been issued by the Designated Officer.
b)
No more than one (1) secondary suite shall be permitted on each
zoning lot.
c)
One additional accessory off-street parking space is provided for the
exclusive use of the secondary suite.
d)
Home Occupations or Home Industries are not allowed in a
secondary suite.
e)
The maximum site coverage, including the secondary suite, shall be
no greater than what the applicable zoning district allows.
f)
All secondary suites shall comply with all building code standards.
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g)
All secondary suites shall be connected to municipal sanitary sewer
and water services where such services are available as
determined by the municipality.
h)
Accessible amenity outdoor space and landscaping with a minimum
area of 9.29 sq. m. (100.0 sq. ft.) shall be available for use by the
secondary suite tenants.
2)
A Secondary Suite within a principal dwelling shall also comply with the
following regulations:
a)
Shall only be located in a Single-Family Dwelling that is owner-
occupied and the lot is not less than 464.50 sq. m. (5,000.00 sq. ft.).
b)
The Single-Family Dwelling and the secondary suite have an
entrance separate from the principal dwelling, either from a common
indoor landing or directly from the side or rear of the house.
c)
The secondary suite is not obtrusive so as to change the one family
nature of the Single-Family Dwelling.
d)
The maximum size for a secondary suite is 35 percent of the living
area of the Single-Family Dwelling or 74.32 sq. m. (800.0 sq. ft.),
whichever is less.
e)
The minimum ceiling height shall be 1.98 m. (6.5 ft.).
3)
A ground level Secondary Suite that is detached from the principal dwelling
shall also comply with the following regulations:
a)
A secondary suite shall not have a floor area less than 55.74 sq. m.
(600.0 sq. ft.) or greater than 92.90 sq. m. (1,000.0 sq. ft.).
b)
The maximum height shall be 4.57 m. (15.0 ft.).
c)
The secondary suite shall be separated from the principal dwelling
by a minimum of 3.05 m. (10.0 ft.).
d)
The secondary suite shall have the same side or corner side yard
setback as the principal dwelling.
e)
The secondary suite shall have a minimum rear yard of 1.52 m. (5.0
ft.).
f)
A secondary suite shall not be allowed in any required front yards.
g)
The exterior of the secondary suite shall incorporate building
materials, textures, and colours that are similar to those found on the
principal dwelling as determined by the municipality.
4)
A Secondary Suite located above a detached garage shall also comply with
the following regulations:
a)
A secondary suite shall not have a floor area less than 37.16 sq. m.
(400.0 sq. ft.) or greater than 74.32 sq. m. (800.0 sq. ft.).
b)
The maximum height shall be 7.62 m. (25.0 ft.).
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c)
The secondary suite shall be separated from the principal dwelling
by a minimum of 3.05 m. (10.0 ft.)
d)
The secondary suite shall have the same side or corner side yard
setback as the principal dwelling.
e)
The secondary suite shall have a minimum rear yard of 1.22 m. (4.0
ft.).
f)
Entrance to the secondary suite shall be directly from the exterior of
the garage that is separate from the vehicle entrance to the garage.
48. Camping and Tenting Grounds
(1)
All Camping and Tenting Grounds shall provide:
a)
A central open space area equivalent to 18.58 sq. m. (200.00 sq. ft.)
per camping space or 222.96 sq. m. (2,400 sq. ft.) whichever is
greater.
b)
An all-weather internal roadway to serve all camping space with a
minimum 5.49 m. (18.00 ft.) wide driving surface and 9.14 m.
(30.00 ft.) total width.
c)
At least one (1) parking space on each camping space.
d)
Storage of refuse in a sanitary manner at a location readily accessible
to all camping spaces but not more than 152.40 m. (500.00ft.) from
any camping space.
e)
Illumination of all roadways, walkways and common service
buildings to standards approved by Council.
f)
Service buildings or structures for the common use of tenants or for
the administration of the camping and tenting grounds, such as
washroom/shower building, outdoor cooking areas, office or
convenience store. A dwelling unit shall be permitted when
contained within the same building as the administration office or
store.
g)
Clear marking of the boundaries of each camping space and
identification of each space by a numbered sign.
h)
Utility services and on-site liquid waste storage facilities in the form
of a holding tank in a suitable location for use of tenants.
49. Yards Abutting Residential Zone Limits
Notwithstanding any provisions of this By-law, the following special yard
requirements shall apply along all Residential Zone limits:
1)
Where a side site line in a Commercial or Industrial Zone abuts a side site
line on an adjacent Residential Zone, the required front yard in the
Residential Zone shall extend for a distance of 15.24 m. (50.00 ft.) in the
case of a Commercial Zone, and 30.48 m. (100.00 ft.) in the case of an
Industrial Zone from the zone limit as illustrated below.
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2)
A side Yard of 3.05 m. (10.00 ft.) in the case of a Commercial Zone and
7.62 m. (25.00 ft.) in the case of an Industrial Zone shall be provided along
the side site line which abuts the Residential Zone as illustrated below.
Figure 16:
Commercial and Industrial Special Yard Requirements
3)
Parking spaces within the required front yard shall not be permitted within
4.57 m. (15.00 ft.) of the said zone boundaries.
4)
Where a rear yard line is a Commercial or Industrial Zone abuts a side or
rear site line in an adjacent Residential Zone, a rear yard of 7.62 m. (25.00
ft.) in the case of a Commercial zone, and 15.24 m. (50.00 ft.) in the case
of an Industrial Zone shall be provided along the rear site line as
illustrated below.
5)
Where a yard as described in the Sub-Clauses above is provided in a
Commercial or Industrial Zone, a compact hedge, row of shrubbery or
solid fence 1.83 m. (6.00 ft.) in height shall be provided and maintained
along the site line abutting the Residential Zone limit as illustrated below.
RESIDENTIAL ZONE
10'
COMMERCIALL ZONE
MINIMUM REQUIRED
SIDE YARD
LANE
STREET
50' MINIMUM
REQUIRED
REAR YARD
RESIDENTIAL ZONE
25'
INDUSTRIAL ZONE
MINIMUM REQUIRED
SIDE YARD
LANE
STREET
100' MINIMUM
REQUIRED
FRONT YARD
ZONE BOUNDARY
REQUIRED
REAR YARD
REQUIRED
FRONT YARD
ZONE BOUNDARY
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RESIDENTIAL ZONE
25'
COMMERCIAL ZONE
MINIMUM REQUIRED
REAR YARD
STREET
ZONE BOUNDARY
AVENUE
RESIDENTIAL ZONE
50'
INDUSTRIAL ZONE
MINIMUM REQUIRED
REAR YARD
STREET
ZONE BOUNDARY
AVENUE
AVENUE
AVENUE
SIDE SITE LINE
REAR SITE LINE
SIDE SITE LINE
REAR SITE LINE
Figure 17:
Commercial and Industrial Special Yard Requirements
50. Boarding or Rooming House
A Boarding or Rooming House shall comply with the following regulations:
1)
No more than two (2) persons shall be accommodated within dwelling
unit.
2)
No cooking facilities or other facilities for the keeping of food shall be
provided for within any bedrooms or living space.
3)
A business licensed has been issued.
4)
A parking stall shall be provided for each boarder.
51. Care Homes
A Care Home shall comply with the following regulations:
1)
If the care home is within a Single Housing Dwelling, the maximum number of
residents, excluding family members, is 4.
2)
A care home shall not be located within 110.58 m. (330.00 ft.) of another care
home.
3)
A care home shall not generate pedestrian or vehicular traffic or parking in
excess of that which is characteristic of the Zone in which it is located.
4)
A care home shall be recognized, authorized, licensed or certified by the Province
of Manitoba.
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52. Home Industries
A Home Industry shall comply with the following regulations:
1)
The Home Industry shall be in contravention of this Zoning By-law unless
it conforms to the Municipal Licensing By-law and amendments thereto.
2)
The Home Industry shall operate as a secondary use and be carried out in a
building that is accessory to a dwelling unit and does not exceed a floor area
of 69.68 sq. m. (750.00 sq. ft.).
3)
The employment of family and non-family members is allowed as part of
the Home Industry to a maximum of two (2) persons.
4)
The character and scale of the Home Industry shall not create offensive or
objectionable impacts on any adjoining sites.
5)
Outside storage of goods and materials is allowed as part of the Home
Industry, subject to the following:
a)
the storage shall be located to the rear of a line adjacent to and
parallel with the front wall of the building;
b)
the storage area shall be fenced or screened from public view to the
satisfaction of Council; and
c)
the storage shall not project above the height of the fence or
screening.
6)
Notwithstanding Section 33.0 of this By-law, the Home Industry may have
one identification sign with a maximum area of 1.49 sq. m. (16.00 sq. ft.),
indicating the name of the occupant and/or Home Industry of the occupant
provided the sign is attached to and parallel with the wall of the principal or
accessory building.
7)
There shall be no mechanical or electrical equipment used which creates
noise, or visible and audible interference in radio or television reception in
adjacent dwelling units.
8)
The Home Industry shall not be permitted if, in the opinion of the
Development Officer, such use would be more appropriately located in
another Zoning District having regard for, among other matters, potential
traffic generation and potential interference with the character of the area.
9)
The Home Industry shall comply with all environmental and public health
standards of the Province of Manitoba. If Council determines that a
proposed Home Industry may conflict with these standards, the application
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shall be referred to the appropriate Provincial department(s) prior to issuing
a development permit.
10)
In addition to the information regulations of Section 12.0 of this By-law,
each application for a development permit for a proposed Home Industry
shall include a description of the use to be undertaken at the premises and
an indication of where any materials, equipment or vehicles associated with
the use are to be stored.
11)
A permit for a Home Industry is not transferable to a new homeowner.
12)
All Home Industries must be operated in accordance with all plans and
documents approved as part of the application.
13)
In the case of retail sales, the home occupation offers commodities for sale
which are limited to those produced or repaired on the premises.
53. Garden Suite
A Garden Suite shall comply with the following regulations:
1)
Occupancy of the Garden Suite shall be for an elderly parent(s) or other
family members who require or provide care from or for the occupants of
the principal dwelling.
2)
Only the owner(s) of the principal dwelling, or occupiers of the principal
dwelling with the consent of the owner(s), are permitted to place a Garden
Suite.
3)
Garden Suites will not be permitted on properties smaller than 464.50 sq.
m. 5,000.00 sq. ft.) in size.
4)
A Garden Suite shall only be placed on a pad and post foundation.
5)
A Garden Suite shall not exceed a maximum of thirty (30)
percent of the total site area to a maximum floor area of 74.32 sq. m.
(800.00 sq. ft.).
6)
Garden Suites shall comply with the front, side and rear yard requirements
of the principal building.
7)
Access to the Garden Suite shall be provided via an existing driveway.
8)
Prior to the erection or placement of a Garden Suite, the Municipal
Council may require a written agreement with the owner of the affected
property to deal with matters such as the installation, maintenance and
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removal of the Garden Suite, the period of occupancy, and the
rehabilitation of the site.
9)
All Garden Suites shall be of a portable, prefabricated nature and must be
constructed to the minimum standard required by municipal and provincial
regulations.
10)
Where available, Garden Suites shall be connected to the municipal water
and sewer systems.
11)
Only one Garden Suite may be established per lot on which a Single-
Family Dwelling exists. Where a lot already contains a Single-Family
Dwelling and Secondary Suite, a Garden Suite is not permitted.
54. Project Accommodation or Temporary Project Accommodation
A Project Accommodation or a Temporary Project Accommodation shall comply
with the following regulations:
1)
For a Temporary Project Accommodation, it shall be linked to a specific
project, can only accommodate workers for this project and be located on
the same site as the project.
2)
For either a Project Accommodation or a Temporary Project
Accommodation, it can accommodate a maximum of fifty (50) persons.
3)
If required by the Designated Officer, a Project Accommodation or a
Temporary Project Accommodation, shall be secured by the installation of
appropriate fencing around the project accommodation and provide on-site
security staff.
4)
For either a Project Accommodation or a Temporary Project
Accommodation, it shall provide 1.5 parking spaces per accommodation
unit.
5)
The owner/operator shall post security with the Town of Virden sufficient
to remove and/or reclaim the site if the project accommodation remains on
site after the project is either completed or if work has stopped to the extent
that the Town of Virden Council no longer feels the project accommodation
is necessary for the project, or to reclaim the site, if needed, after the project
accommodation has been removed from the site.
5) In addition to the Development Permit Application Submissions as
outlined in Section 12.0 of this By-law, the following information shall
also be provided:
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a)
the location, type and purpose of the camp;
b)
adjacent land uses;
c)
the method of supplying water, and sewage and waste disposal to
the camp. The proposed method of sewage disposal shall comply
with all Provincial government regulations.
d)
the number of persons proposed to live in the camp;
e)
vehicle route showing how and where vehicle access will be
provided including, if applicable, sewer pump out trucks; and
f)
the start date for development, date of occupancy by residents, and
removal date for the Temporary Project Accommodation.
7)
The owner/operator may be required to enter into an agreement with the
Town dealing with but not limited to the following matters:
a)
dust control;
b)
traffic control signage;
c)
the supply of municipal water and/or sewage;
d)
refuse collection;
e)
lighting, noise or open fires;
f)
hours of operation; and
g)
development levies and administration fees.
55. Cannabis Stores
Cannabis Stores shall comply with the following regulations:
1)
Licensed retail of cannabis and cannabis products, in accordance with the
Safe and Responsible Retailing of Cannabis Act, may be established as a
primary or accessory Conditional Use within the CC, CL and CH zones.
2)
Cannabis stores shall not be established within 100 m. (328 ft.) of the
property line of a school, child care service or participant recreation service
(indoor or outdoor).
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56.
Intent of Zoning Districts
1) The Zoning Districts established in this By-law are intended to provide
sufficient land for various types of land uses and developments in the Town of
Virden in keeping with the provisions of the TransCanada West Planning
District Development Plan. The Zoning Districts as outlined in Appendix A
are hereby established.
57.
Permitted and Conditional Uses
1) Appendix B outlines uses that are permitted or conditional in each Zoning
District.
2) All uses, whether listed as permitted or conditional, must meet the relevant
requirements as outlined in PART II of this By-law.
3) All uses listed in Appendix B that include a cross reference listing to Use
Specific Standards must meet those requirements as noted in the relevant
section of the By-law.
4) All new buildings, dwellings, additions or structural frames shall be anchored
to concrete foundations, piles, piers, footings, grade beams or slabs as designed
and stamped by an engineer registered in the Province of Manitoba, unless
exceptions are provided elsewhere in the By-law or at the discretion of
Designated Officer after consultation with Council.
58.
Bulk Regulations for Zoning Districts
1) Appendix C outlines the bulk regulations for each Zoning District.
59.
Additional Regulations for All Permitted and Conditional Uses
1) All accessory uses, buildings and structures shall be developed in accordance
with the applicable Lot Grade By-law.
2) Maximum building area regulations shall not apply to Private and Semi-Private
Swimming Pools and Hot Tubs.
60.
Additional Regulations for the RS-1 and RS-2: Residential Single
Family and RT: Two Family Zoning Districts
1) Excluding reversed corner lots, where sites comprising 40.00 percent or more
of the entire frontage of the block are developed with buildings, the average
front yard calculation established by such buildings shall be the front yard
regulation for the block.
2) When no public lane is located at the rear of a site and no garage attached to the
side of the house, one side yard shall be a minimum 0f 3.66 m. (12.00 ft.)
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61.
Additional Regulations for the RM: Residential Multiple Family
District
1) Excluding reversed corner lots, where sites comprising 40.00 percent or more
of the entire frontage of the block are developed with buildings, the average
front yard calculation established by such buildings shall be the front yard
regulation for the block.
2) A single-family dwelling shall be developed in accordance with the "RS-1
"District Requirements and a two-family dwelling shall be developed in
accordance with the "RS 2" District Requirements.
3) In addition to the minimum site area of 929.00 sq. m. (10,000.00 sq. ft.), each
multiple family development shall provide an additional 92.90 sq. m. (1,000.00
sq. ft.) for each dwelling unit in excess of four (4).
4) For RM: Residential Multiple Family sites the maximum number of storeys is
four (4).
5) Non-Residential Use Class developments in the RM: Residential Multiple
Family Zoning District shall be developed in accordance with Section 37.2 of
this By-law.
6) When no public lane is located at the rear of a site and no attached garage to the
side of the house, one side yard shall be a minimum of 4.57 m. (15.00 ft.).
62.
Additional Regulations for the RC: Residential Comprehensive District
1) The separation space between buildings in the RC: Residential Comprehensive
District shall be provided as follows:
a)
a minimum depth of 6.71 m. (22.00 ft.) in the front separation
space as determined by the Designated Officer as depicted in
Figure 18.
b)
a minimum depth of 1.62 m. (5.00 ft.) in the side separation space
as determined by the Designated Officer as depicted in Figure 18.
c)
a minimum depth of 4.57 m. (15.00 ft.) in the rear separation space
as determined by the Designated Officer as depicted in Figure 18.
d)
The minimum separation space in front of any windows, entry or
similar opening shall be applied along the full length and height of
the exterior wall of the room in which the particular opening or
window is located.
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Figure 18: RC District Requirements
2) The minimum separation distance between two residential buildings shall be
double the separation space regulations as indicated in Sections 62.0.1 (a) and
(b) of this By-law.
3) For developments that have more than ten dwelling units, the exteriors of the
dwelling units shall provide individuality and variety of building design in
terms of setbacks, entrances, elevations and finishing materials.
4) In addition to other submission regulations of this By-law, the following
additional information shall be required:
a)
the location of use of each proposed or existing building or structure;
b)
the location of all doors and windows and the type;
c)
the separation space between residential buildings;
d)
floor plans and elevations of all proposed buildings and structures;
e)
the total number of dwelling units and the gross floor area; and
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f)
the location, type and height of all proposed walls, fences, and
landscaping.
5)
The maximum gross density shall be 12.36 dwellings per hectare (5.00
dwellings per acre).
63. Additional Regulations for the RMH: Residential Mobile Home Zoning
District
1)
In the case of Mobile Home Dwelling sites within a mobile home park
development:
a)
The minimum site area requirement for each mobile home site
shall be 418.05 sq. m. (4,500. 00 sq. ft.).
b)
The minimum site width requirement for each mobile home site
shall be 13.72 m. (45.00 ft.).
c)
The separation spaces between Mobile Home Dwellings, including
accessory uses, buildings and structures, shall be the same as the
yard regulations.
c)
A mobile home park shall contain a minimum of 10 mobile home
sites and shall have a minimum site width of 200 ft.
d)
A landscaped buffer of at least 20 ft. in width with trees, shrubs,
grass and similar features that allows for road access shall be
provided within and adjacent to the perimeter of the mobile home
park boundary.
d)
A central open space area shall be established and landscaped and
shall be equal in area to 18.58 sq. m. (200.00 sq. ft.) per mobile
home space or a minimum of 222.96 sq. m. (2,400.00 sq. ft.).
e)
An internal roadway shall be established to serve all mobile home
spaces and shall have a minimum width of 15.24 m. (50.00 ft.) and
shall contain an all weather driving surface a minimum of 7.62 m.
(25.00 ft.) in width.
f)
Every mobile home park operator shall provide the following
services:
i)
connections to the municipal sewer and water system at
each space.
ii)
electrical and telephone service outlets at each space;
iii)
storage or refuse, garbage and debris in a sanitary manner
at a location readily accessible to all mobile homes but not
more than 46.45 m. (500.00 ft.) from any mobile home.
iv)
illumination of all roadways and walkways to standards
approved by Council.
v)
clear marking of the boundaries of each mobile home space
and identification of each space by a numbered sign.
vi)
landscaping, including grass, trees and shrubbery, in all
areas of the mobile home park not occupied by mobile
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home pads, mobile home additions, storage areas,
roadways, driveways, parking stalls and other structures or
facilities.
64. Additional Regulations for the CC: Commercial Central Zoning District
1)
Once a development application has been received for any development
within the CC: Commercial Central Zoning District and prior to any
conditional use hearing, Council shall establish a committee to review and
comment on the design details of any proposed development including but
not limited to:
a)
the building placement, façade treatment, building materials, and
building entrances;
b)
the general site layout;
c)
the proposed building height;
d)
the proposed signage;
e)
the proposed landscaping plans;
f)
the proposed vehicular access and driveway locations;
g)
the proposed off-street parking location and circulation;
h)
the proposed loading standards;
i)
the relationship with adjacent developments in terms of privacy,
street presence and setbacks, architectural features, vehicular and
pedestrian access, and related matters; and
j)
the general compliance with the performance standards for
residential use class developments as provided for in Subsection
20.2 of this By-law.
2)
Buildings within the CC: Commercial Central Zoning District shall
generally be built with the minimum front yard (0 feet) and shall not have a
greater setback than the average setback for buildings on the block.
3)
The Designated Officer will include in the Planning Report to Council, as
part of the Conditional Use Application, comments and recommendations
from the design committee.
4)
No loading, storage, trash collection, outdoor service or display area shall
be permitted within a required side yard. Loading, storage and trash
collection areas shall be located to the rear or sides of the principal building
and shall be screened from view from any adjacent sites and public
roadways in accordance with Section 30.0 of this By-law. If the rear or side
lot lines of a site abut the RS-1 and RS-2: Residential Single Family, RT:
Residential Two-Family, RM: Residential Multiple Family, and RC:
SECTIONS
ZONING DISTRICT
56-71
REGULATIONS
TOWN OF VIRDEN
Landmark Planning & Design Inc.
ZONING BY-LAW NO. 2769
115
Residential Comprehensive, or a lane serving said Zoning Districts and are
used for parking, an outdoor service or display area, or both, they shall be
screened in accordance with Section 30.0 of this By-law.
5)
Any fuel storage areas established on the site shall comply with Manitoba
Regulation 188/2001 respecting Storage and Handling of Petroleum
Products and Allied Products.
6)
Any used oil products and other regulated hazardous wastes generated or
stored on the site shall be collected and disposed of in accordance with all
applicable Manitoba Conservation legislation.
7)
The siting and access for the following developments shall be to the
satisfaction of the Designated Officer who shall ensure that such
developments do not prejudice the safety and transportation function of
public roadways:
a)
Drive-In Food Service
b)
Eating and Drinking Establishment
c)
Rapid Drive-Through Vehicle Service
d)
General Retail Store
e)
Automated Teller Machine
8)
A Multiple Family Dwelling shall be developed in accordance with Section
61.0 of this By-law.
9)
All commercial developments shall comply with the performance standards
of Section 37.0 of this By-law.
65. Additional Regulations for the CH: Commercial Highway and CL:
Commercial Linear Zoning Districts
1)
Loading, storage and trash collection areas shall be located to the rear or
sides of the principal building and shall be screened from view from any
adjacent sites and public roadways in accordance with Section 30.0 of this
By-law.
2)
If the rear or side lot lines of a site abut a Residential or Residential-Related
Use Class development or a lane serving a Residential or Residential-
Related Use Class development and are used for parking, an outdoor service
or display area, or both, they shall be screened in accordance with Section
30.0 of this By-law.
3)
All exposed building faces shall have consistent and harmonious exterior
finishing materials.
SECTIONS
ZONING DISTRICT
56-71
REGULATIONS
TOWN OF VIRDEN
Landmark Planning & Design Inc.
ZONING BY-LAW NO. 2769
116
4)
Any fuel storage areas established on the site shall comply with Manitoba
Regulation 188/2001 respecting Storage and Handling of Petroleum
Products and Allied Products.
5)
Any used oil products and other regulated hazardous wastes generated or
stored on the site shall be collected and disposed of in accordance with all
applicable Manitoba Conservation legislation.
6)
Buildings and structures adjacent to Provincial Trunk Highways, Provincial
Roads and Provincial Access Roads shall be setback in accordance with The
Transportation Infrastructure Act.
7)
A dwelling unit is allowed within the principal building only in conjunction
with a permitted use or conditional use development if it is occupied by the
owner/operator or a site watchperson or caretaker, if necessary.
8)
The siting and access for the following Conditional Use developments shall
be to the satisfaction of the Designated Officer who shall ensure that such
developments do not prejudice the safety and transportation function of
public roadways:
a)
Drive-In Food Service
b)
Eating and Drinking Establishment
c)
Rapid Drive-Through Vehicle Service
d)
General Retail Store
e)
Automatic Teller Machine
9)
A dwelling unit is allowed as a permitted use in conjunction with a Tourist
Campsite development if it is occupied by the owner/operator or a site
watchperson or caretaker, if necessary.
10)
All commercial developments shall comply with the performance standards
of Section 37.0 of this By-law.
66. Additional Regulations for the CN: Commercial Neighbourhood Zoning
District
1)
No loading, storage, trash collection, outdoor service or display area shall
be permitted within a required side yard. Loading, storage and trash
collection areas shall be located to the rear or sides of the principal building
and shall be screened from view from any adjacent sites and public
roadways in accordance with Section 30.0 of this By-law. If the rear or side
lot lines of a site abut the RS-1 and RS-2: Residential Single Family, RT:
Residential Two-Family, RM: Residential Multiple Family, RMH:
Residential Mobile Home, and RC: Residential Comprehensive Zoning
Districts or a lane serving said Zoning Districts and are used for parking, an
outdoor service or display area, or both, they shall be screened in
accordance with Section 30.0 of this By-law.
SECTIONS
ZONING DISTRICT
56-71
REGULATIONS
TOWN OF VIRDEN
Landmark Planning & Design Inc.
ZONING BY-LAW NO. 2769
117
2)
Any fuel storage areas established on the site shall comply with Manitoba
Regulation 188/2001 respecting Storage and Handling of Petroleum
Products and Allied Products.
3)
Any used oil products and other regulated hazardous wastes generated or
stored on the site shall be collected and disposed of in accordance with all
applicable Manitoba Conservation legislation.
4)
All commercial developments shall comply with the performance standards
of Section 37.0 of this By-law.
67. Additional Regulations for the MB: Industrial Business Zoning District
1)
No parking shall be permitted within a required front yard and no loading,
storage, trash collection, outdoor service or display area shall be permitted
within a required side yard.
2)
All developments shall comply with Section 36.0 of this By-law.
3)
Any fuel storage areas established on the site shall comply with Manitoba
Regulation 188/2001 respecting Storage and Handling of Petroleum
Products and Allied Products.
4)
Any used oil products and other regulated hazardous wastes generated or
stored on the site shall be collected and disposed of in accordance with all
applicable Manitoba Conservation legislation.
5)
When outside storage of goods and materials is required:
a)
the storage shall be located to the rear of a line adjacent to and
parallel with the front wall of the building;
b)
the storage shall not project above the height of the wall or fence;
and
c)
a solid fence shall be provided and maintained in a condition that is
acceptable to the Designated Officer.
6)
The operation of all uses shall comply with all environmental and public
health regulations of the Province of Manitoba. If the Designated Officer
is of the opinion that a proposed development may conflict with these
regulations, the application shall be referred to the appropriate Provincial
department(s) prior to issuing a development permit.
7)
A dwelling unit is allowed within the principal building only in conjunction
with a permitted or conditional Industrial Use Class development if it is
occupied by the owner/operator or a site watchperson or caretaker, if
necessary.
68. Additional Regulations for the MG: Industrial General Zoning District
1)
Parking may be permitted within a required front yard, but not closer than
1.52 m. (5.00 ft.) to the front lot line, and no loading, storage, trash
SECTIONS
ZONING DISTRICT
56-71
REGULATIONS
TOWN OF VIRDEN
Landmark Planning & Design Inc.
ZONING BY-LAW NO. 2769
118
collection, outdoor service or display area shall be permitted within a
required side yard.
2)
All developments shall comply with Section 36.0 of this By-law.
3)
Any fuel storage areas established on the site shall comply with Manitoba
Regulation 188/2001 respecting Storage and Handling of Petroleum
Products and Allied Products.
4)
Any used oil products and other regulated hazardous wastes generated or
stored on the site shall be collected and disposed of in accordance with all
applicable Manitoba Conservation legislation.
5)
When outside storage of goods and materials is required:
a)
the storage shall not be located in front of the building; and
b)
a solid fence shall be provided and maintained in a condition
acceptable to the Designated Officer.
6)
The operation of all uses shall comply with all environmental and public
health regulations of the Province of Manitoba. If the Designated Officer
believes a proposed development may conflict with these regulations, the
application shall be referred to the appropriate Provincial department(s)
prior to issuing a development permit.
7)
A dwelling unit is allowed within the principal building only in conjunction
with a permitted or conditional Industrial Use Class development if it is
occupied by the owner/operator or a site watchperson or caretaker, if
necessary.
8)
The total area of outside operations and storage shall not be greater than
ninety (90) percent of the total site area. Outside operations and storage my
project into the required front yard but may not be less than 1.52m. (5.00
ft.) from the front lot line.
69. Additional Regulations for Conditional Uses Only in the SL: Sensitive
Lands Zoning District
1)
Water supply and sewage disposal shall be provided in accordance with The
Environment Act, The Public Health Act and The Drinking Water Safety
Act.
2)
Buildings and structures adjacent to Provincial Trunk Highways, Provincial
Roads and Provincial Access Roads shall be setback in accordance with The
Transportation Infrastructure Act.
70. Additional Regulations for the CR: Community Reserve Zoning District
1)
Notwithstanding other provisions of this By-law, the minimum site area
regulation for a Farmstead Dwelling shall be 0.81 ha. (2.00 acres).
SECTIONS
ZONING DISTRICT
56-71
REGULATIONS
TOWN OF VIRDEN
Landmark Planning & Design Inc.
ZONING BY-LAW NO. 2769
119
2)
The maximum building height regulation of 10.67 m. (35.00 ft.) shall not
apply to buildings or structures that are accessory to a Residential-Related
Farm.
3)
Water supply, sewage disposal and waste management shall be provided in
accordance with The Environment Act, The Public Health Act and The
Drinking Water Safety Act.
4)
Council shall not approve any development which, in its opinion, would:
a)
substantially alter the existing state of the land;
b)
require structures, footings or foundations that cannot be removed or
relocated at a nominal cost to the applicant or owner; or
c)
be prejudicial to the future economical subdivision, servicing and
development of the subject land for future urban uses on a planned
basis.
5)
Council may specify the length of time a use is permitted in this Zone
having regard for the future servicing or development of general residential,
recreational, institutional, industrial or commercial
71. Additional Regulations for the CRI: Commercial-Residential-Institutional
Zoning District
1)
A minimum side yard of 3.05 m. (10.00 ft.) shall be required where a site
abuts the lot line of a site in the RS-1 and RS-2: Residential Single Family,
RT: Residential Two-Family, RM: Residential Multiple Family, RMH:
Residential Mobile Home, and RC: Residential Comprehensive Zoning
Districts.
2)
No loading, storage, trash collection, outdoor service or display area shall
be permitted within a required side yard. Loading, storage and trash
collection areas shall be located to the rear or sides of the principal building
and shall be screened from view from any adjacent sites and public
roadways in accordance with Section 30.0 of this By-law. If the rear or side
lot lines of a site abut the RS-1 and RS-2: Residential Single Family, RT:
Residential Two-Family, RM: Residential Multiple Family, RMH:
Residential Mobile Home, and RC: Residential Comprehensive Zoning
Districts or a lane serving said Zoning Districts and are used for parking, an
outdoor service or display area, or both, they shall be screened in
accordance with Section 30.0 of this By-law.
3)
The siting and access for the following developments shall be to the
satisfaction of the Designated Officer who shall ensure that such
developments do not prejudice the safety and transportation function of
public roadways:
a)
Drive-In Food Service
SECTIONS
ZONING DISTRICT
56-71
REGULATIONS
TOWN OF VIRDEN
Landmark Planning & Design Inc.
ZONING BY-LAW NO. 2769
120
b)
Eating and Drinking Establishment
c)
Rapid Drive-Through Vehicle Service
d)
General Retail Store
e)
Automated Teller Machine
4)
Townhouse and Multiple Family Dwelling shall be developed in
accordance with Section 61.0 of this By-law.
5)
All commercial developments shall comply with the performance standards
of Section 37 of this By-law.
ZONING MAPS
21244
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5
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4
PT.
PT. 7
3
PT.
2
PT.
NO.
NO.
PLAN
PLAN
NO.
8
9
PT. 7
10
PT.
PT.
11
PT.
4
PLAN
197
NO.
50
NO.
5
6
2439
1
PT.
12
Pa rce l A
PLAN
NO.
1914
4
41
9
42
PT . 2 2
1
21
41
PT. 23
A
B
1199
Pt. 37
1199
PLAN
8
1199
26
NO.
1
25
13
2
16
5
NO.
S. P. PLAN
7
6
48307
1
PLAN
7
A
PLAN
NO.
PLAN
25
2088
1
27
40
NO.
16
40
2088
15
3
2071
PCL. 2
Parce l C
56924
Pc l. A
67
85
2
65
64
66
45
68
44
43
10
1
10
11
1
20
25
10
10
11
1
NO.
25
NO.
25
10
11
20
1
PLAN
16
3
10
11
PLAN
2002
1
15
2002
NO.
6
PLAN
20
1
10
11
PLAN
10
11
PLAN
20
1
PLAN
20
2
NO.
2002
PLAN
26917
NO.
PLAN
1
2
NO.
50
NO.
25
40
27
15
16
1
40
2088
15
27
15
27
15
25
16
NO.
16
5
92
89
1
94
88
87
10
11
1
NO.
900
1
4
5
8
15
PLAN
NO.
933
1
4
9
12
95
8
5
941
NO.
PLAN
1
1
5
6
10
PLAN
67
1
14
1
3
7
4
6
8
PLAN NO.
29762
PLAN
696
10
11
1
2
1
10
22-10 -26W
22225
PLAN
2107
NO.
751
7
1
9
PLAN
2
PT.2
PLAN
67
PLAN
PT.2
PT.1
PT.2
67
PLAN
PT.1
PLAN
NO.
86
PLAN
27
2088
PT.1
54551
NO.
2088
PLAN
PLAN
PLAN
41956
PT. S.E. 1/4
7
A
CREEK
NO.
NO.
NO.
PT.
67
NO.
1106
NO.
22898
PL AN
NO .
4222 5
2
PLAN
NO.
2004
1
2
PLAN
NO.
43173
18
1
2
PLAN
43238
15
1
PLAN
47128
1
2
Reserve
40742
PLAN
2
2
PARCEL C
PLAN
1
2
3
4
PLAN
47068
1
15
NO.
19
PLAN
45113
5
1
7
1
PLAN
47271
1
2
1
PLAN
47436
2
2
1
PLAN
47712
48258
PLAN
2
6
8
17
15
3
1
PLAN
44484
PLAN
49475
1
2
PLAN
50225
PA RCE L A
PLAN
47918
(CO NDO MINIUM PLAN 48208)
2
3
4
8
1
PLAN
2004
NO.
2
PLAN
2004
39256
PLAN
NO.
PLAN
NO.
26405
PLAN
1093
37
36
36674
46114
NO.
PLAN
52623
1
2
5
21152
NO.
PLAN
PLAN
52541
(Co ndominium)
1
3
PLAN
52361
PLAN
58220
56511
Pa rce l B
Pa rce l C
Pa rce l D
Pa rce l E
PCL
Parce l B
Parce l A
15
30
25
PL
60
NO
Pt. PARCEL B
10
C
B
A
60764
PLAN
PLAN
5672 7
Condom inium
1
2
2
1
PLAN NO. 61060
PLAN
NO.
62276
54657
2
1
1
2
PLAN NO. 53319
Pt . 4
2
1
3 57042
NO.
PLAN
4
1
PLAN
NO.
56590
1
2
PLAN
NO .
55367
PLAN
NO .
55275
1
2
F
B
C
E
D
G
H K
L
M
PLAN NO.
53340
54
51
1
2
3
4 5
6
8
7
PLAN
53340
NO .
PLAN 2131
(ROAD
CLOS ED)
PLAN
54078
A
B
SL
SL
RS-1
RS-1
RS-1
RS-1
CH
CH
RM
RM
RM
RM
RT
RT
SL
SL
II
RS-1
RS-1
II
II
RT
RT
MG
MG
PR
PR
PR
PR
RT
RT
CC
CC
PR
PR
II
II
RS-1
RS-1
RT
RT
CH
CH
RM
RM
RS-1
RS-1
RMH
RMH
MB
MB
CL
CL
RT
RT
MB
MB
RM
RM
I
RM
RM
RM
RM
RM
RM
RM
RM
RM
RM
RM
RM
RM
RM
RM
RM
RM
RM
RMH
RMH
RS-1
RS-1
RM
RM
RM
RM
RM
RM
RM
RM
RM
RM
RM
RM
SL
SL
RM
RM
MB
MB
MB
MB
RM
RM
PR
PR
PR
PR
RM
RM
CL
CL
RM of
RM of
Wallace-Woodworth
Wallace-Woodworth
RM of
RM of
Wallace-Woodworth
Wallace-Woodworth
Provincial
Trunk
Highw
ay
1
Provincial Road
257
Provincial Road
257
Provincial Trunk
Highway 83
Provincial Trunk
Highway 83
BB ee nn nn ee tt tt
CC
rr ee ss cc ee nn tt
Queen
Queen
Street
Street
G
G
aa
rrdd nneerr
DD
rriivvee
Clements Place
Clements Place
Thompson
Thompson
Place
Place
Roddy Place
Roddy Place
Ninth
Ninth
Avenue
Avenue
Empire Avenue
Empire Avenue
Essex Street
Essex Street
Odell Street
Odell Street
Seymour Street
Seymour Street
Bridge Street
Bridge Street
Chester
Street
Chester
Street
King
Street
King
Street
Nelson
Street
Nelson
Street
Queen
Street
Queen
Street
Lyons
Street
Lyons
Street
Seymour Street
Seymour Street
La Crosse Street
La Crosse Street
Queen
Street
Queen
Street
Nelson Street
Nelson Street
Wellington Street
Wellington Street
King
Street
King
Street
Princess Street
Princess Street
Oxford
Street
Oxford
Street
Sixth
Avenue
Sixth
Avenue
Seventh
Avenue
Seventh
Avenue
EE ll
ee
vv ee nn tt hh
AA vv ee nn uu ee
Fifth
Avenue
Fifth
Avenue
Tenth
Avenue
Tenth
Avenue
Third
Avenue
Third
Avenue
Fifth
Avenue
Fifth
Avenue
Second
Avenue
Second
Avenue
FF ii rr ss tt
AA vv ee nn uu ee
Park
Street
Park
Street
Raglan
Street
Raglan
Street
FF rr oo nn tt aa gg ee
RR
oo
aa dd
Ashburton
Street
Ashburton
Street
Kent
Street
Kent
Street
BB oo ll tt oo nn
BB
aa yy
AA
nnnniivveerraa
rryy
RRooaa dd
Cemetery
Road
Cemetery
Road
Ivens
Street
Ivens
Street
Road
Road
152W
152W
HH aa rr gg rr aa vv ee
SS tt rr ee ee tt
EE dd gg
aa rr
AA vv ee nn uu ee
KKee nnddee rrddiinnee SStt
rr
ee
ee
tt
Road
58N
Road
58N
Scarth
Drive
Scarth
Drive
Anderson
Street
Anderson
Street
Road
152W
Road
152W
See Map 2
Provincial Trunk Highway 83
Provincial Trunk Highway 83
Provincial Road 257
Provincial Road 257
PPrroovviinnccii
aall
TTrruunnkk
HHiigghhw
waayy
11
Provincial Road 259
Provincial Road 259
28
28
10-26W
10-26W
15
15
10-26W
10-26W
29
29
10-26W
10-26W
24
24
10-26W
10-26W
25
25
10-26W
10-26W
32
32
10-26W
10-26W
33
33
10-26W
10-26W
14
14
10-26W
10-26W
13
13
10-26W
10-26W
20
20
10-26W
10-26W
22
22
10-26W
10-26W
27
27
10-26W
10-26W
16
16
10-26W
10-26W
34
34
10-26W
10-26W
17
17
10-26W
10-26W
35
35
10-26W
10-26W
21
21
10-26W
10-26W
23
23
10-26W
10-26W
26
26
10-26W
10-26W
36
36
10-26W
10-26W
Map
No.
1
Map
No.
2
o
Town of Virden
Zoning By-Law _____
Map 1
Zoning
Residential
RS-1 - Residential Single Family
RT - Residential Two Family
RM - Residential Multiple Family
RMH - Residential Mobile Home
Commercial
CC - Commercial Central
CH - Commercial Highway
CL - Commercial Linear
Industrial
MB - Industrial Business
MG - Industrial General
Community Services
PR - Open Space Recreation
SL - Sensitive Lands
I - Institutional
Other features
Town boundary
Survey parcel
Water body
0
400
800
1,200
200
Feet
0
100
200
300
50
Metres
Date
September 13, 2018
Coordinate System
NAD 1983 UTM Zone 14N
DRAFT
Town of Virden
2769
PLAN
38772
PLAN
1621
1699
SCALLION
NO.
PLAN
PLAN
N
PLAN
PCL. 1
PLAN NO.
2003
NO.
1642
PT. PCL. A
565
RESE RVE
5
9
PLAN
PLAN
NO.
PLAN
NO.
26348
PLAN
PLAN
773
NO.
PT. 5
7
6
1
2
NO.
PLAN
NOS.
1
PLAN
PLAN
PT. PLAN NO. 263
565
PCL. A
PLAN NO.
4
1
PLAN
NO.
2001
263
CLO SE D BY:
INS T. 84215
6
4
1
1
3
2
5
16
15
13
9
8
6
1
26123
PLAN
2
PLAN
33841
1
PLAN
180
NO.
PUBL IC
1043
NO.
PLAN
1
2
40396
PLAN
1
1
1
12
1
NO.
PLAN
40300
PLAN
38772
NO.
PLAN
PCL. B
PCL. A
3
PLAN
42506
1303
1771
54633
30941
NO.
PLAN
2
2
CREEK
Pcl. A
NO.
1
1
PLAN NO.
PLAN
745
NO.
PLAN NO.
PCL. A
PCL. 2
PCL. 1
773
NO.
56096
B
LAN
610
NO.
10
PLAN
Pc l. D
Pc l. E
36229
NO.
B
C
PLAN
PCL. B
1
PLAN
1
&
PLAN
1199
Pt. 37
2
3
2071
PCL. 2
Parce l C
56924
Pc l. A
NO.
1330
PT. 11
PLAN
38772
NO.
NO.
38772
PCL. A
NO.
SCALLION
CREEK
PLAN
NO.
PARCEL C
PLAN
2
49521
PLAN
36803
1
2
50261
NO.
PLAN
39256
PLAN
NO.
46114
NO.
2
50406
PLAN
1
PCL. A
PCL. C
PCL. D
PCL. E
PLAN
56096
Parce l B
Parce l A
PLAN
NO.
15
30
1
13
6
8
9
14
18
19
22
23
25
Pu blic
Reserve D
Pu blic Reserve
C
Pu blic Reserve
A
Pu blic Reserve
E
Pu blic Reserve
E
PLAN
773
NO.
9
PLAN
60226
NO.
Pt. PARCEL B
Pub lic
Re se rv e B
PLAN
60226
NO.
PLAN
60226
PLAN
773
PLAN
60584
NO.
5
6
7
8
4
3
2
1
PUBLIC RESERVE A
PUBLIC RESERVE B
9
PLAN
53818
NO.
1
53540
NO.
PLAN
53540
NO.
PLAN
1
3
5
4
12
MG
MG
CH
CH
MB
MB
RMH
RMH
RT
RT
RS-1
RS-1
CH
CH
MB
MB
CR
CR
SL
SL
MG
MG
CL
CL
RM of
RM of
Wallace-Woodworth
Wallace-Woodworth
RM of
RM of
Wallace-Woodworth
Wallace-Woodworth
Provincial
Road 259
Provincial
Trunk
Highway
1
Provincial
Trunk
Highway
1
Bennett
Bennett
Crescent
Crescent
Road 152W
Road 152W
Road
Road
58N
58N
Coleman Place
Coleman Place
Scallion
Place
Scallion
Place
Road 152W
Road 152W
Frontage Road
Frontage Road
Scarth Drive
Scarth Drive
Road 153W
Road 153W
Road 153W
Road 153W
Road 58N
Road 58N
Commonwealth Drive
Commonwealth Drive
See Map 1
Meadow Place
Meadow Place
FFrroonnttaagg ee RR oo
aadd
PPrroovviinncciiaall TTrruunnkk HHiigghh
w
w
ay
88
33
PPrroo
vviinncciiaall RR
oo
aadd 22
55
77
PPrroovviinn
cciiaa
ll TTrruunnkk HHiigghhw
waayy 11
Provincial Road 259
Provincial Road 259
28
28
10-26W
10-26W
15
15
10-26W
10-26W
29
29
10-26W
10-26W
24
24
10-26W
10-26W
25
25
10-26W
10-26W
32
32
10-26W
10-26W
33
33
10-26W
10-26W
14
14
10-26W
10-26W
13
13
10-26W
10-26W
20
20
10-26W
10-26W
22
22
10-26W
10-26W
27
27
10-26W
10-26W
16
16
10-26W
10-26W
34
34
10-26W
10-26W
17
17
10-26W
10-26W
35
35
10-26W
10-26W
21
21
10-26W
10-26W
23
23
10-26W
10-26W
26
26
10-26W
10-26W
36
36
10-26W
10-26W
Map
No.
1
Map
No.
2
o
Town of Virden
Zoning By-Law _____
Map 2
Zoning
Residential
RS-1 - Residential Single Family
RT - Residential Two Family
RMH - Residential Mobile Home
Commercial
CH - Commercial Highway
CL - Commercial Linear
Industrial
MB - Industrial Business
MG - Industrial General
Community Services
SL - Sensitive Lands
CR - Community Reserve Lands
Other features
Town boundary
Survey parcel
Water body
0
400
800
1,200
200
Feet
0
100
200
300
50
Metres
Date
January 22, 2019
Coordinate System
NAD 1983 UTM Zone 14N
DRAFT
Town of Virden
2769
Bosshill Creek
Gopher Creek
Gopher Creek
Bosshill Creek
Scallion Creek
CPR-Broadview
CPR-Rocanville
CPR-Broadview
Flow to
Assiniboine
River
U
V
259
U
V
83
U
V
257
U
V
1
N
-
Flood Zone and Depth For 0.5% (200 Year) Flood
250
0
250
500
m
NAD 1983 UTM Zone 14N
1:25,000
Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN,
IGP, swisstopo, and the GIS User Community
Legend
200 Year (0.5%) Flood Depth
0 to < 0.5 m
0.5 to < 1 m
1 to < 2 m
2 to < 3 m
3 to < 4 m
4 to < 5 m
5 to < 6 m
Designated Drains
Town of Virden
Reference Map: 200 Year Flood Extent
APPENDIX A
ZONING DISTRICTS TABLE
APPENDIX A - ZONING DISTRICTS
Residential Zoning Districts
RS-1
Residential Single Family
To accommodate single family dwellings and associated or compatible
uses.
RS-2
Residential Single Family
To accommodate single family dwellings and associated or compatible
uses.
RT
Residential Two Family
To accommodate single family dwellings and two family dwellings as well as
associated or compatible uses.
RM
Residential Multiple Family
To accommodate multiple family dwellings, townhouse dwellings and two
family dwellings as well as associated or compatible uses.
RC
Residential Comprehensive
To allow for condominium developments that are comprehensively designed.
RMH
Residential Mobile Home
To accommodate the development and placement of mobile home dwellings
and associated or compatible uses.
Commercial Zoning Districts
CC
Commercial Central
To accommodate commercial, residential, office and service uses within the
central area of the Town of Virden
CH
Commercial Highway
To accommodate high quality commercial development along major
roadways.
CN
Commercial Neighbourhood
To accommodate local type commercial developments that serve the daily
household needs of area residents.
CL
Commercial Linear
To accommodate a variety of municipally serviced commercial and business
uses along major roads within Town of Virden.
Industrial Zoning Districts
MB
Industrial Business
To accommodate light industrial and related businesses which carry out their
operations primarily within an enclosed building and with limited outdoor
storage or operational characteristics.
MG
Industrial General
To accommodate a wide range of general industrial uses within the Town of
Virden.
Community, Educational, Recreational & Cultural Zoning Districts
PR
Open Space Recreation
To accommodate active and passive recreational uses and landscaped
buffers.
I
Institutional
To accommodate public and privately owned facilities of an institutional,
governance or community service nature.
SL
Sensitive Lands
To protect land unsuitable for development due to flooding, unstable, or
poorly drained.
CR
Community Reserve Lands
To reserve lands for future residential, recreational, institutional, commercial,
and industrial growth in the Town of Virden
Mixed Use Zoning District
CRI
Commercial-Residential-Institutional To accommodate a mix of commercial, residential and institutional land
uses.
APPENDIX B
PERMITTED AND CONDITIONAL USE TABLE
(1) Accessory Uses incidental to a principal use are allowed in all Zoning Districts subject to meeting the various regulations of the Zoning By-law.
(2) See also Sections 60.0 to 71.0 for additional regulations for each zoning district.
P - Permitted Use
C - Conditional Use
Mixed
Use
Use Classes (1) & (2)
RS-1
RS-2
RT
RM
RC
RHM
CC
CH
CN
CL
MB
MG
PR
I
SL
CR
CRI
Agricultural Use Class
Abattoir
C
Agri-Business
C
C
P
Agricultural Activities
P
Agricultural Crop Protection Warehouse
C
C
Agricultural Implement Sales and Service
C
P
P
Agricultural Product Storage
C
Agricultural Support Industry
C
C
P
Equestrian Establishment
C
Farm Produce Outlet
C
C
C
Farmstead Dwelling
C
Grain Handling Facilities
C
Livestock Operation - Existing
C
Specialized Agriculture
C
P
Commercial Use Class
Aircraft Landing Field
C
38.11
Airport and Related Facilities
C
38.11
Amusement Establishment
C
C
C
C
Animal Hospitals and Shelters
.
C
C
Auctioneering Establishment
C
C
C
P
C
Automotive and Equipment Repair Shop
C
P
P
P
C
Automotive and Recreational Vehicle Sales
C
P
P
C
.
Broadcasting and Motion Picture Studio
C
P
P
C
.
Building Material Sales
P
P
P
P
Business Support Service
C
P
P
C
C
C
Car Broker
.
Cannabis Store
C
C
C
55
Carnival-Public Owned/Operated
C
P
P
P
P
Carnival-Privately Owned/Operated
C
C
C
P
C
Commercial School
C
C
C
C
Convenience Retail Store
C
C
P
P
P
C
C
Convenience Vehicle Rental
C
P
P
C
C
Custom Manufacturing Establishment
C
C
P
P
C
Drive-Through Food Service
.
C
C
C
.
42
Dry Cleaning Establishment
C
C
C
Eating and Drinking Establishment
C
C
P
C
P
C
C
C
C
C
Equipment Rental and Sales
C
C
C
P
P
Fleet Service
C
P
C
P
P
Funeral Service
C
C
C
C
C
Gas Bar
C
P
C
P
C
C
42
Residential
Commercial
Use Specific
Standards
Industrial
Community Service
(1) Accessory Uses incidental to a principal use are allowed in all Zoning Districts subject to meeting the various regulations of the Zoning By-law
P - Permitted Use
C - Conditional Use
Mixed
Use
Use Classes (1) & (2)
RS-1
RS-2
RT
RM
RC
RHM
CC
CH
CN
CL
MB
MG
PR
I
SL
CR
CRI
Residential
Commercial
Use Specific
Standards
Industrial
Community Service
General Contractor Service
C
C
P
General Retail Store
C
C
P
C
.
C
General Storage
.
C
C
C
Greenhouse, Plant & Tree Nursery
.
C
C
C
C
C
Health Service
C
C
.
C
P
P
P
C
Hotel
C
C
C
C
C
C
Household Repair Service
C
P
P
Mini-Warehouse and Self-Storage
.
C
C
.
Mobile Catering Food Service
C
C
P
P
.
Mobile Food Service
C
C
C
C
25.5
Motel
C
C
C
C
C
Non-Accessory
C
.
.
.
.
.
Outdoor Amusement Establishment
C
C
C
.
P
C
Outdoor Food Cart
C
P
P
P
P
25.5
Personal Service Shop
C
C
P
P
C
P
Pet Cemetery
.
.
C
Planned Unit Development (Commercial)
C
C
C
C
Professional, Financial & Office Support Service
C
.
P
C
C
C
C
Rapid Drive-Through Vehicle Service
P
C
P
P
42
Recycling Depot
.
C
C
Service Station
C
P
P
P
C
42
Shopping Centre
C
C
C
C
Small Animal Breeding/Boarding Establishment
C
C
C
Spectator Entertainment Establishment
C
.
P
P
P
P
Tattoo Parlour
C
.
C
C
Truck and Mobile Home Sales/Rentals
P
C
P
P
Trucking Operation
C
C
P
P
Truck Stop
P
C
P
C
42
Veterinary Service
C
C
C
.
C
Warehouse Sales
C
C
P
.
Community Services Use Class
Cemetery
C
C
Child Care Service
C
C
C
C
C
C
P
C
P
P
C
Community Recreation Service
C
C
C
C
C
C
C
C
P
P
P
P
Extended Medical Treatment Service
C
C
C
P
C
Government Service
C
.
P
P
P
P
P
P
P
Indoor Participant Recreation Service
C
C
C
C
C
C
P
C
Outdoor Participant Recreation Service
.
P
C
Private Club
C
.
C
C
C
C
Private Education Service
C
C
C
C
P
Protective and Emergency Service
P
P
P
P
P
P
C
P
P
P
P
P
P
P
C
P
P
Public Education Service
C
C
C
C
P
C
Public Library and Cultural Exhibit
C
C
C
C
C
P
P
P
P
C
Public Park
P
P
P
P
P
P
C
P
P
P
P
P
P
P
P
P
P
Public Utility Service
P
P
P
P
P
P
C
P
P
P
P
P
P
P
C
P
P
Religious Assembly
C
C
C
C
C
.
C
C
C
P
C
(1) Accessory Uses incidental to a principal use are allowed in all Zoning Districts subject to meeting the various regulations of the Zoning By-law.
(2) See also Sections 60.0 to 71.0 for additional regulations for each zoning district.
P - Permitted Use
C - Conditional Use
Mixed
Use
Use Classes (1) & (2)
RS-1
RS-2
RT
RM
RC
RHM
CC
CH
CN
CL
MB
MG
PR
I
SL
CR
CRI
Residential
Commercial
Use Specific
Standards
Industrial
Community Service
Industrial Use Class
Automobile Wrecking
C
Bulk Storage Facility
C
Cannabis Cultivation
P
P
Cannabis Processing
P
P
General Industrial
P
Industrial Mall
C
C
C
Industrial Vehicle and Equipment Sales/ Rentals
C
C
Light Industrial
.
.
C
P
P
Mobile Phone Tower
C
C
C
Oil Industry Equipment, Sales and Service
C
P
Planned Unit Development (Industrial)
C
C
45
Portable Asphalt Plant
C
C
Processing Use
C
Storage Compound
C
C
Transport Terminal
C
C
Wayside Pit and Quarry
C
Natural Resource Development Use Class
Mineral Exploration
C
C
Wildlife and Conservation Reserve
P
P
.
Wind Turbine Personal Use
C
C
C
Residential Use Class
institutional Residence
C
C
C
P
C
.
C
P
C
Mobile Home Dwelling
P
Multiple Family Dwelling
P
C
.
C
61
Planned Unit Development (Residential)
C
C
C
C
C
C
C
45
Single Family Dwelling
P
P
P
.
P
C
.
C
60
Transported Dwelling
C
C
C
C
C
Two Family Dwelling
C
C
P
P
C
C
60
Residential Related Use Class
Bed & Breakfast Home
C
C
C
.
44
Boarding or Rooming House
C
C
C
50
Care Home
C
C
C
C
C
P
51
Garden Suite
C
C
C
C
53
Home Industry
C
C
C
P
52
Home Occupation
P
P
P
P
P
P
C
43
Project Accommodation
C
C
54
Staff Accommodation
C
C
C
Secondary Suite-Within Primary Residence
P
P
P
C
47
Secondary Suite-Separate Building
C
C
47
Secondary Suite-Above Garage
P
P
P
C
47
Temporary Project Accommodation
C
C
C
54
APPENDIX C
BULK REGULATIONS
Mixed
Use
RS-1
RS-2
RT
RM
RC
RMH(i)
CC (h)
CH(a,h)
CN(h)
CL(h)
MB(h)
MG(h)
PR
I
SL
CR
CRI
Permitted and Conditional Uses (e)
Site Area (min. ac./sq. ft)
5,000
4,000
7,000
10000 (g)
S
6,000
3,000
10,000
5,000
5,500
5,500
20,000
20
10,000
Site Width (min. ft.)
50
40
60
100
E
45
25
100
50
50
50
150
100
600
75
Front Yard (min. ft.)
25
20
25
25
E
15
0
25
25
15
25
25
50
50
40
50
0
Side Yard (min. ft.)(b)
4
4
4
15 (j)
4
0
15
4
5
10
10
25
25
15
25
25
Corner Side Yard (min. ft.)(b)
12
12
12
15
10
0
15
12
10
15
15
25
25
15
25
25
Reverse Corner Side Yard (min.
ft.)(b)
25
20
25
25
S
Rear Yard (min. ft.)(b)
25
25
25
25
E
15
10
20
25
10 (k)
25
25
25
25
25
25
25
Building Height (max. ft.)(b)(c)
35
35
35
45
C
25
70
30
35
35
40
40
35
35
35
35
70
Dwelling Area (min sq. ft.)
1,200
1,000
800
600
T
1000
600
600
Site Coverage (max. %)
40
45
50
50
I
50
50
10
Floor Area Ratio (FAR)
O
1
1
1
1
1
1
Dwelling Width (min. ft.)
28
28
21
21
N
14
Accessory Uses, Buildings and Structures (f)
Rear Yard (min. ft.)(b)
4
4
4
4
4
0
10
5
10
10
10
25
25
25
25
O
Side Yard (min. ft.)(b)
4
4
4
15 (j)
6
4
0
10
4
5
10
10
10
10
10
10
O
Corner Side Yard (min. ft.)(b)
12
12
12
15
2
10
0
15
12
10
15
15
15
15
15
15
15
Building Height (max. ft.)
18
18
18
18
15
20
20
18
20
20
20
18
18
18
18
20
Building Area (max sq. ft.)(d)
1,000
1,000
900
600
1,000
1,500
505
505
50%
1,500
(a) All principal buildings shall be setback a min. of 50 ft. to a max. of 100 ft. from the front property line.
(b) See also Section 38.4 Dwelling Setbacks
(c ) Where the maximum height is 35 feet for a residential zone, any structure shall also not exceed 2.5 storeys.
(d) If a variation is requested to increase the building area, then the minimum side yard requirement shall be increased by 5.00 ft.
(e) See also Sections 41.0 to 54.0 for Special Use regulations as well as Sections 54.0 to 68.0 for additional regulations for Permitted and Conditional Uses.
(f) See also Section 25.0 for additional regulations related to Accessory Uses.
(g) Each multiple family development shall provide an additional 1,000 sq. ft. for each dwelling unit in excess of 4
(h) See also Section 49.0 for additional regulations related to Yards Abutting Residential Zone Limits.
(i) See Section 62.0 for additional regulations for Residential Mobile Homes and Parks.
(j) Or half the height of adjacent building whichever is greater.
(k) Min. 5 ft. with no lane.
Residential
Commercial
Industrial
Community Service