City of Winkler Zoning By-Law No. 1938-08 (Consolidated to Feb 27, 2018)
Winkler, Manitoba
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OFFICE CONSOLIDATION OF
ZONING
BY-LAW 1938-08 ADOPTED
CONSOLIDATED FEBRUARY 27, 2018
Note:
This document has been consolidated for convenience only and contains reproductions of the
City of Winkler Bylaw No. 1938-08. The official Bylaw and amendments thereto are available from
the City Office at (204) 325-9524, and should be consulted for all purposes of interpreting and
applying the law or when certified copies are required.
The City of Winkler provides this information in good faith but it gives no warranty nor accepts any
liability from any incorrect, incomplete or misleading information, or its use for any purpose.
All persons making use of this consolidated version of City of Winkler Bylaw No. 1938-08 are
advised that it has no legislative sanction; that the amendments have been embodied for
convenience of reference only and that the original bylaw must be consulted for all purposes of
interpreting and applying the law.
Sub sections of the original bylaw and/or amendments which have been repealed have not been
included in this consolidation.
THE CITY OF WINKLER BY-LAW NO. 1938-08
A By-law of the City of Winkler, in the Province
of Manitoba, to regulate and control the use and development
of land and buildings within the Municipal limits of the City of Winkler.
WHEREAS pursuant to the provisions of Subsection 40(1) of The Planning Act (the Act), the Morden-
Stanley-Thompson-Winkler (MSTW) Planning District, which includes the City of Winkler, has, by By-
law, adopted The MSTW Planning District Development Plan By-law 4-05;
AND WHEREAS Section 68 of the Act provides that a Municipal Council within a Planning District must
adopt a zoning by-law that is generally consistent with the Development Plan by-law;
NOW THEREFORE the Municipal Council of the City of Winkler, in meeting duly assembled, enacts
as follows:
1.
The City of Winkler Zoning By-law No. 1578-96, and all amendments thereto, are hereby rescinded.
2.
The Zoning By-law, attached hereto and marked as Schedule "A", is hereby adopted.
3.
This By-law shall be known as the City of Winkler Zoning By-law.
4.
The City of Winkler Zoning By-law shall take force and effect on the date of Third Reading of this By-
law.
DONE AND PASSED
in Council assembled in Council Chambers, in Winkler, Manitoba, this _____
day of ____________, A.D. 20___.
____________________________
Mayor
____________________________
Chief Administrative Officer
Read a First time this _____ day of
, A.D. 20___.
Read a Second time this _____ day of
, A.D. 20___.
Read a Third time this _____ day of
, A.D. 20___.
Certified a true copy of By-law No. ________ of the City of Winkler.
____________________________
Chief Administrative Officer
THE CITY OF WINKLER
ZONING BY-LAW
BEING SCHEDULE "A"
ATTACHED TO BY-LAW NO. 1938-08
OF
THE CITY OF WINKLER
TABLE OF CONTENTS
1.0
TITLE AND CONTENTS .............................................................................................................................. 1
1.1
TITLE ..............................................................................................................................................................1
1.2
INTENT AND PURPOSE ...............................................................................................................................1
1.3
REGULATION OF USES ...............................................................................................................................1
1.4
CONTENTS OF THE BY-LAW ......................................................................................................................2
1.5
HEADINGS AND TITLES ..............................................................................................................................2
1.6
INTERPRETATION ........................................................................................................................................2
1.7
UNITS OF MEASUREMENT ..........................................................................................................................2
1.8
EFFECTIVE DATE .........................................................................................................................................3
1.9
CONTROL OF DEVELOPMENT ..................................................................................................................3
1.10
RELATIONSHIP TO FORMER BY-LAWS ......................................................................................................3
1.11
VALIDITY ......................................................................................................................................................3
2.0
NON-CONFORMING BUILDINGS, STRUCTURES, LOTS AND USES .......................................................... 3
3.0
THE ZONING DISTRICT MAPS ................................................................................................................... 4
3.1
ZONING DISTRICT BOUNDARIES ..............................................................................................................4
3.2
RIGHT-OF-WAY BOUNDARIES ..................................................................................................................5
4.0
APPROVAL REQUIRED FOR DEVELOPMENT ............................................................................................ 5
5.0
OTHER LEGISLATION ................................................................................................................................ 6
5.1
COMPLIANCE ............................................................................................................................................6
5.2
PUBLIC UTILITIES AND SERVICES ...............................................................................................................6
6.0
DEFINITIONS ............................................................................................................................................. 6
6.1
GENERAL DEFINITIONS ..............................................................................................................................6
6.2
SIGN DEFINITIONS ................................................................................................................................... 18
7.0
DEFINITIONS ........................................................................................................................................... 21
7.1
RESIDENTIAL USE CLASSES ..................................................................................................................... 21
7.2
RESIDENTIAL-RELATED USE CLASSES ..................................................................................................... 22
7.3
COMMERCIAL USE CLASSES ................................................................................................................. 22
7.4
INDUSTRIAL USE CLASSES ....................................................................................................................... 26
7.5
AGRICULTURAL USE CLASSES ............................................................................................................... 27
7.6
NATURAL RESOURCE DEVELOPMENT USE CLASSES .......................................................................... 28
7.7
BASIC SERVICE USE CLASSES ................................................................................................................ 28
7.8
COMMUNITY, EDUCATIONAL, RECREATIONAL AND CULTURAL SERVICE USE CLASSES ............. 29
8.0
AUTHORITY AND RESPONSIBILITY OF THE DESIGNATED OFFICER ....................................................... 31
8.1
ESTABLISHMENT AND APPOINTMENT ................................................................................................... 31
8.2
DESIGNATED OFFICER AND/OR DESIGNATED MUNICIPAL DEVELOPMENT OFFICER DUTIES AND
RESPONSIBILITIES ................................................................................................................................................... 31
8.3
ENTRY FOR INSPECTION AND OTHER PURPOSES ............................................................................... 32
8.4
VARIANCE TO REGULATIONS ............................................................................................................... 32
8.5
PUBLIC INSPECTION OF APPLICATIONS .............................................................................................. 32
8.6
PUBLIC INSPECTION OF APPLICATIONS .............................................................................................. 32
9.0
RESPONSIBILITIES OF COUNCIL AND THE PLANNING DISTRICT BOARD ............................................. 32
9.1
RESPONSIBILITIES OF COUNCIL AND/OR THE MUNICIPAL DESIGNATED DEVELOPMENT OFFICER
32
9.2
RESPONSIBILITIES OF THE PLANNING DISTRICT BOARD AND THE DESIGNATED OFFICER ............ 33
10.0
DUTIES OF THE OWNER .......................................................................................................................... 33
11.0
DEVELOPMENT CLASSES........................................................................................................................ 34
11.1
CLASS A DEVELOPMENT (NO PERMIT REQUIRED) ............................................................................. 34
12.0
DEVELOPMENT PERMIT APPLICATION SUBMISSIONS........................................................................... 35
12.1
GENERAL CONDITIONS ......................................................................................................................... 35
12.2
CLASS B DEVELOPMENTS (PERMITTED USE) ........................................................................................ 36
12.3
CLASS C DEVELOPMENTS (CONDITIONAL USE) ................................................................................ 37
12.4
SIGN DEVELOPMENTS ............................................................................................................................ 37
13.0
SPECIAL INFORMATION REGULATIONS ................................................................................................ 38
13.1
SLOPE AND SOIL INFORMATION .......................................................................................................... 38
14.0
CONDITIONS ATTACHED TO A DEVELOPMENT PERMIT ....................................................................... 38
15.0
ENFORCEMENT AND PENALTIES ........................................................................................................... 39
15.1
OFFENCES ................................................................................................................................................ 39
15.2
PENALTIES ................................................................................................................................................. 40
15.3
SUSPENSION OR REVOCATION OF THE DEVELOPMENT PERMIT ...................................................... 40
16.0
REZONING AMENDMENTS .................................................................................................................... 40
16.1
TEXT AND MAPPING AMENDMENTS .................................................................................................... 40
16.2
REVIEW AND PROCESSING OF AMENDMENTS .................................................................................. 41
16.3
NOTIFICATION OF AMENDMENTS ........................................................................................................ 42
17.0
CONDITIONAL USES .............................................................................................................................. 42
18.0
VARIATION ORDERS .............................................................................................................................. 43
19.0
SUBDIVISIONS ........................................................................................................................................ 43
20.0
APPLICABILITY ........................................................................................................................................ 45
21.0
YARDS ON CORNER LOTS AND THROUGH LOTS ................................................................................. 45
22.0
PROJECTIONS INTO YARDS ................................................................................................................... 45
22.1
PERMITTED PROJECTIONS INTO REQUIRED FRONT, SIDE AND REAR YARDS ................................. 45
23.0
OBJECTS PROHIBITED OR RESTRICTED IN CERTAIN RESIDENTIAL AREAS ............................................ 46
24.0
FENCES ................................................................................................................................................... 46
24.1
GENERAL.................................................................................................................................................. 46
24.2
FENCES IN CERTAIN RESIDENTIAL DISTRICTS ....................................................................................... 46
24.3
FENCES IN OTHER ZONING DISTRICTS .................................................................................................. 46
25.0
ACCESSORY USES, BUILDINGS AND STRUCTURES ............................................................................... 47
25.1
GENERAL REGULATIONS ....................................................................................................................... 47
25.2
ACCESSORY BUILDINGS IN CERTAIN RESIDENTIAL DISTRICTS .......................................................... 47
25.3
ACCESSORY BUILDINGS IN THE OTHER ZONING DISTRICTS .............................................................. 48
25.4
TEMPORARY BUILDINGS AND USES ...................................................................................................... 48
26.0
LIGHTING OF SITES ................................................................................................................................. 48
27.0
HEIGHT ................................................................................................................................................... 49
27.1
PERMITTED PROJECTIONS THROUGH MAXIMUM HEIGHT LIMITS ..................................................... 49
28.0
ACCESS TO SITES ................................................................................................................................... 49
28.1
DRIVEWAYS ............................................................................................................................................. 49
29.0
HARD SURFACING OF PARKING AND LOADING AREAS .................................................................... 50
30.0
LANDSCAPING ...................................................................................................................................... 51
30.1
LANDSCAPING IN COMMERCIAL, INDUSTRIAL, COMMUNITY, EDUCATIONAL, RECREATIONAL
AND CULTURAL SERVICE AND RESIDENTIAL USE CLASS DEVELOPMENTS (EXCLUDING SINGLE FAMILY
DWELLINGS) .......................................................................................................................................................... 51
30.2
LANDSCAPING FOR PARKING AND STORAGE AREAS ..................................................................... 51
31.0
MOVING OF STRUCTURES ..................................................................................................................... 52
32.0
PARKING ................................................................................................................................................ 53
32.1
GENERAL.................................................................................................................................................. 53
32.2
SPACES AND AISLES ............................................................................................................................... 55
33.0
SIGNS ..................................................................................................................................................... 56
33.1
GENERAL.................................................................................................................................................. 56
33.2
ABANDONED AND UNLAWFUL SIGNS ................................................................................................. 56
33.3
SIGN REGULATIONS ................................................................................................................................ 57
34.0
OFF STREET LOADING ............................................................................................................................ 62
35.0
EXCAVATION, STRIPPING AND GRADING........................................................................................... 62
36.0
PERFORMANCE STANDARDS FOR INDUSTRIAL USE CLASS DEVELOPMENTS ...................................... 63
36.1
APPLICABILITY ......................................................................................................................................... 63
36.2
PERFORMANCE STANDARDS ................................................................................................................ 63
37.0
PERFORMANCE STANDARDS FOR RESIDENTIAL AND COMMERCIAL USES ........................................ 64
37.1
GENERAL PERFORMANCE STANDARDS FOR RESIDENTIAL USES ..................................................... 64
37.2
GENERAL PERFORMANCE STANDARDS FOR COMMERCIAL USES ................................................. 65
38.0
DEVELOPMENT RESTRICTED ................................................................................................................... 66
38.1
NOXIOUS OR OFFENSIVE USES .............................................................................................................. 66
38.2
FLOOD RISK AREAS AND HAZARD LANDS .......................................................................................... 66
38.3
OUTDOOR SOLID FUEL FIRE APPLIANCES ........................................................................................... 67
38.4
DWELLING SETBACKS ............................................................................................................................. 67
38.5
CORNER VISION TRIANGLES ................................................................................................................. 68
38.6
SIDE YARD EXCEPTIONS ......................................................................................................................... 68
38.7
HAZARDOUS MATERIALS STORAGE ..................................................................................................... 68
38.8
BUILDING GRADE ................................................................................................................................... 68
38.9
COMPOSTING ......................................................................................................................................... 69
38.10
LAND DRAINAGE .................................................................................................................................... 69
38.11
BUIDLINGS RESTRICTIONS ADJACENTS TO AIRPORTS ....................................................................... 69
38.12
CANVAS BUILDINGS ............................................................................................................................... 70
38.13
PROVINCIAL HIGHWAY SETBACKS ...................................................................................................... 70
39.0
STREETS ................................................................................................................................................... 70
40.0
CONNECTING TO MUNICIPAL SERVICES ............................................................................................. 70
41.0
APPLICABILITY ........................................................................................................................................ 72
42.0
VEHICULAR - ORIENTED USES ............................................................................................................... 72
42.1
APPLICABILITY ......................................................................................................................................... 72
42.2
DEVELOPMENT REGULATIONS .............................................................................................................. 72
43.0
HOME OCCUPATIONS .......................................................................................................................... 73
44.0
BED AND BREAKFAST HOMES ............................................................................................................... 73
45.0
PLANNED UNIT DEVELOPMENTS ............................................................................................................ 74
45.1
CONDOMINIUMS ................................................................................................................................... 74
46.0
CAR BROKERS ........................................................................................................................................ 77
47.0
SECONDARY SUITES ............................................................................................................................... 78
48.0
RESIDENTIAL-RELATED FARMS ............................................................................................................... 79
49.0
YARDS ABUTTING RESIDENTIAL ZONE LIMITS ....................................................................................... 79
50.0
INTENT OF ZONING DISTRICTS .............................................................................................................. 82
51.0
PERMITTED AND CONDITIONAL USES ................................................................................................... 82
52.0
BULK REGULATIONS FOR ZONING DISTRICTS ....................................................................................... 82
53.0
POOLS, HOT TUBS & WATER FEATURES .................................................................................................. 82
54.0
ADDITIONAL REGULATIONS FOR THE RS: RESIDENTIAL SINGLE FAMILY ZONING DISTRICT AND RT:
RESIDENTIAL TWO FAMILY ZONING DISTRICT ................................................................................................... 83
55.0 ADDITIONAL REGULATIONS FOR THE RM: RESIDENTIAL MULTIPLE FAMILY AND RMA: RESTRICTED
RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICTS ............................................................................... 83
56.0
ADDITIONAL REGULATIONS FOR THE RC: RESIDENTIAL COMPREHENSIVE DISTRICT ......................... 84
57.0
ADDITIONAL REGULATIONS FOR THE RMH: RESIDENTIAL MOBILE HOME ZONING DISTRICT ............ 85
58.0
ADDITIONAL REGULATIONS FOR THE RR: RURAL RESIDENTIAL ZONING DISTRICT ............................. 86
59.0
ADDITIONAL REGULATIONS FOR THE CC: COMMERCIAL CENTRAL ZONING DISTRICT .................... 86
60.0
ADDITIONAL REGULATIONS FOR THE CH: HIGHWAY COMMERCIAL ZONING DISTRICT .................. 87
61.0
ADDITIONAL REGULATIONS FOR THE CN: COMMERCIAL NEIGHBOURHOOD ZONING DISTRICT ... 88
62.0
ADDITIONAL REGULATIONS FOR THE CL: COMMERCIAL LINEAR ZONING DISTRICT ........................ 88
63.0
ADDITIONAL REGULATIONS FOR THE CS: COMMERCIAL SHOPPING CENTRE ZONING DISTRICT .... 89
64.0
ADDITIONAL REGULATIONS FOR THE MB: INDUSTRIAL BUSINESS ZONING DISTRICT ......................... 90
65.0
ADDITIONAL REGULATIONS FOR THE MG: INDUSTRIAL GENERAL ZONING DISTRICT........................ 90
66.0
ADDITIONAL REGULATIONS FOR THE MR: INDUSTRIAL RESTRICTED ZONING .................................... 91
67.0
ADDITIONAL REGULATIONS FOR CONDITIONAL USES ONLY IN THE SL: SENSITIVE LANDS ZONING
DISTRICT .............................................................................................................................................................. 91
68.0
ADDITIONAL REGULATIONS FOR THE CR: COMMUNITY RESERVE ZONING DISTRICT ........................ 92
69.0
ADDITIONAL REGULATIONS FOR THE CR: COMMUNITY RESERVE ZONING DISTRICT ........................ 92
70.0
ADDITIONAL REGULATIONS FOR THE CRI: COMMERCIAL-RESIDENTIAL-INSTITUTIONAL ZONING
DISTRICT .............................................................................................................................................................. 92
71.0
ADDITIONAL REGULATIONS FOR THE OR: OPEN SPACE/RECREATION ZONING DISTRICT ................ 93
72.0
REGULATIONS FOR CPA: COLLABORATIVE PLANNING AREA OVERLAY DISTRICT ........................... 93
APPENDIX A ZONING DISTRICTS TABLE ............................................................................................................ 95
APPENDIX B PERMITTED AND CONDITIONAL USE TABLE ................................................................................. 97
APPENDIX C BULK TABLE ................................................................................................................................. 103
TABLE C-1 RESIDENTIAL SITE REQUIREMENTS .................................................................................................. 104
TABLE C-2 COMMERCIAL SITE REQUIREMENTS .............................................................................................. 105
TABLE C-3 INDUSTRIAL SITE REQUIREMENTS .................................................................................................... 106
TABLE C-4 COMMUNITY SERVICES SITE REQUIREMENTS ............................................................................... 107
TABLE C-5 MIXED USE SITE REQUIREMENTS ..................................................................................................... 108
SECTIONS
1 - 7
OPERATIVE AND
INTERPRETIVE CLAUSES
1
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
1.0
TITLE AND CONTENTS
1.1
TITLE
1)
This By-law may be cited as the City of Winkler Zoning By-law and shall apply to all lands
within the limits of the City of Winkler.
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 MSTW Planning
District Development Plan.
2)
To outline the powers and duties of City of Winkler Council (Council), the MSTW 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
e)
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.
c)
has been granted a use variance as per Section 97(2) of the Act.
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 Temporary Additional 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.
SECTIONS
1 - 7
OPERATIVE AND
INTERPRETIVE CLAUSES
2
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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 49.0, outlines the General Administrative Clauses,
General Development Regulations and Special Land Use Regulations.
3)
Part III, comprising of Section 50.0 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 City of Winkler
shall be given their usual and customary meaning except where, in the opinion of Council,
the context indicates a different meaning.
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.
1.7
UNITS OF MEASUREMENT
SECTIONS
1 - 7
OPERATIVE AND
INTERPRETIVE CLAUSES
3
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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 City of Winkler has given
it Third Reading.
1.9
CONTROL OF DEVELOPMENT
1)
No development, other than that designated in Section 11.1, shall be undertaken in the City
of Winkler 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.
2.0
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,
SECTIONS
1 - 7
OPERATIVE AND
INTERPRETIVE CLAUSES
4
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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.
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 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 Act, and in so doing, must provide adequate
documentation to support the application.
3.0
THE ZONING DISTRICT MAPS
1)
The Zoning District Maps are Part IV of this By-law, which divide the City of Winkler into Zoning
Districts and specifies regulations applying to particular lands.
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.
SECTIONS
1 - 7
OPERATIVE AND
INTERPRETIVE CLAUSES
5
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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(1) to Section 3.1(7) 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.
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 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 (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.
4.0
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.
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6
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
5.0
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 MSTW 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.
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 City of Winkler 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 Utility Service or Protective and
Emergency Service, as defined in this By-law.
6.0
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
1)
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.
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
2)
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.
3)
Act, the means The Planning Act, being Chapter P80 of the Continuing Consolidation of the
Statutes of Manitoba, and amendments thereto.
4)
Affordable Housing is considered to be "affordable" when it costs less than 30% of before
tax household income. For renters, shelter costs include rent and any payments for
electricity, fuel, water and other municipal services. For owners, shelter costs include
mortgage payments (principal and interest), property taxes, and any condominium fees,
along with payments for electricity, fuel, water and other municipal services (Canada
Housing and Mortgage Corporation). "Affordable Housing" for the purposes of this by-law
shall mean any unity that costs less than 30% of the before tax median household income
of the community within which it is built.
5)
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.
6)
Animal Unit (A.U.) means the number of animals of a particular category of livestock that
will excrete 73.00 kg. (160.93 lb.) of nitrogen in a twelve month period.
7)
Aquifer means a water bearing geological formation that is capable of producing water to
wells or springs in quantities that are economically useful.
8)
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.
9)
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.).
10)
Bedrooms means a habitable room located within a dwelling unit that is used primarily for
sleeping.
11)
Bedroom Suites means a bedroom located within a dwelling unit that contains washroom
facilities for the exclusive use of the occupants thereof.
12)
Blank Walls means exterior walls containing no windows, doors or other similar openings.
13)
Buffer Strip means a strip of landscaping or vegetation used to provide a screen between
sites in order to mitigate objectionable features between them.
14)
Building means any structure used or built for the shelter, accommodation or enclosure of
persons, animals, material or equipment.
15)
Building Permit means a document authorizing erection, placement, alteration, addition to
or enlargement of a building issues pursuant to the City of Winkler Building By-law, as
amended. A development permit may include a building permit.
16)
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.
17)
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.
18)
Caretaker means a person in charge of a building on a temporary or interim basis.
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8
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
19)
Composting means a designed and managed system to facilitate the process of aerobic
decomposition of organic matter by biological action.
20)
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.
21)
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.
22)
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.
23)
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.
24)
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.
25)
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.
26)
Council means the Council of the Municipal Corporation of the City of Winkler.
27)
Cultivated Land means land that is prepared and used for the growing of crops.
28)
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.
29)
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.
30)
Deck means an unenclosed roofless amenity area adjoining a building.
31)
Designated Officer means the Designated Officer as appointed by the MSTW Planning
District Board on behalf of the Council for the City of Winkler in accordance with the Act, or
an individual appointed by same to undertake the duties of the Designated Officer as
outlined in this By-law.
32)
Development Permit means a permit issued by the City of Winkler authorizing development.
33)
Development Plan means the MSTW Planning District Development Plan adopted by By-law
and as amended.
34)
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.
35)
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.
36)
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.
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
37)
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.
38)
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.
39)
Extension means an increase in the amount of existing floor area used for an existing use,
within an existing building.
40)
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.
41)
Flood Proofed 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.
42)
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 majority
of floodwaters pass. The floodway fringe includes the area outside the floodway that may
be subjected to periodic flooding or inundation of floodwaters.
43)
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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10
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
44)
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
45)
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.
46)
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.
47)
Grade, Building Lot means the lot grade elevation of the finished ground surface
immediately adjacent to the foundation of a building.
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11
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
Figure 3. Established Grade of a Building
48)
Groundwater means water below the surface of the ground.
49)
Habitable Room means any room in a dwelling other than a non-habitable room.
50)
Hard surfaced means the paving of the ground with poured concrete, hot mix asphalt, or
any other surface material approved by the Designated Officer.
51)
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 the highest
point of the roof.
Flat Roof
Hip
Gable
Gambrel
Roof
Mansard
Roof
Figure 4. Height of Buildings
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12
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
52)
Household means one person or two or more persons voluntarily associated, plus any
dependents, living together as an independent, self-governing single housekeeping unit.
53)
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.
54)
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.
55)
Lane means a street not over 9.14 m. (30.00 ft.) in width.
56)
Livestock means animals or poultry not kept exclusively as pets, excluding bees.
57)
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.
58)
Lot, Corner means a lot located at the intersection of two public roadways, the interior angle
of such intersection not exceeding 135.00 degrees.
59)
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.
60)
Lot, Interior means any lot other than a corner lot or through lot.
Corner
Lot
Interior
Lot
Flag
Lot
Through
Lot
Irregular
Shaped
Lot
Lot
Interior
Corner
Lot
Irregular
Shaped
Lot
Interior
Lot
Interior
Lot
Street
Street
Street
Figure 5. Lot Types
61)
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.
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13
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
62)
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.
63)
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.
64)
Lot Line, Side means the property line of a lot other than a front lot line or rear lot line.
Street
Figure 6. Lot Lines
65)
Manufactured Home Dwelling means a factory built dwelling unit certified prior to the
placement on the lot as having been built as a modular home in accordance with CSA
building regulations, being placed on a permanent foundation, having its chassis or frame
permanently removed, and arriving at the lot ready for occupancy apart from incidental
operations and connections.
66)
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.
67)
Mobile Home Site means a site in a mobile home subdivision that may be purchased for the
placement of a mobile home.
68)
Mobile Home Subdivision means a parcel of land subdivided into mobile home sites that
may be sold for the placement of mobile homes.
69)
Modular Home Dwelling means a building assembly or system of building sub-assemblies
manufactured in its entirety, or in substantial part, off-site and transported to the point of use
for installation on-site, with or without other specified components, as a finished building or
as part of a finished building in accordance with CSA building regulations. Modular homes
need not have electrical, plumbing, heating, ventilation, insulation or other service systems,
but when such systems are installed at the off-site manufacture or assembly point, they shall
be deemed a part of such building or system of building assemblies. Modular homes do not
include open frame construction which can be completely inspected on-site.
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14
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
70)
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.
71)
Municipal Engineer means the Municipal Engineer as appointed by Council for the City of
Winkler.
72)
Municipality means the Municipal Corporation of the City of Winkler.
73)
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.
74)
Nuisance means anything that interferes with the use or enjoyment of property, endangers
personal health or safety, or is offensive to the senses.
75)
Occupancy means the use or intended use of a building or part thereof for the shelter or
support of persons, animals or property.
76)
Occupancy Permit means permission or authorization issued in writing pursuant to
applicable zoning regulations, to occupy any building or part thereof, in the City of Winkler.
77)
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.
78)
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.
79)
Oriel Windows means a type of bay or bow window that projects out from an upper storey
of a dwelling unit.
80)
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.
81)
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.
82)
Parcel of Land means the aggregate of all land described in any manner in the certificate
of title.
83)
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.
84)
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.
85)
Patio means a paved area adjoining a building.
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15
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
86)
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.
87)
Pollution means the presence of foreign substances that adversely affect the natural
constituents of the air, water or soil.
88)
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.
89)
Repair means the renewal or reconstruction of any part of an existing structure for the
purpose of its maintenance or restoration.
90)
Runway means a defined rectangular area on a land aerodrome prepared for the landing
and take-off of aircraft along its length.
91)
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.
92)
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.
93)
Separation Space means open space around dwellings separating them from adjacent
buildings or activities, and providing daylight, ventilation, and privacy.
94)
Setback means the distance that a development or a specified portion of it must be set
back from a lot line.
95)
Site means an area of land consisting of one or more abutting lots.
96)
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.
97)
Site Depth means the average horizontal distance between the front and rear lot lines of
the site.
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
BAY
STREET
Figure 7. Site Depth
98)
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.
99)
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.
STREET
LANE
Figure 8. Site Width
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17
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
100) 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.
101) MSTW Planning District Board means the MSTW Planning District Board as established under
the Act.
102) 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.
103) 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.
104) 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.
105) 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.
106) 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.
107) 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.
108) Temporary Buildings and Uses means an incidental use, building or structure for which a
development permit has been issued for a limited time only.
109) 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.
110) Trailer means a vehicle designed for carrying chattels, and for being towed by a motor
vehicle.
111) 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.
112) Truck means a motor vehicle that is constructed or adapted to carry goods, wares,
merchandise, freight or commodities, but not passengers.
113) 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.
114) Variation Order means the altering of any of the regulations found in this By-law in
accordance with the Act.
115) 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.
116) 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.
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
117) Yard, Front means a yard extending all the full length of the front lot line between the corner
property pins. All front yard regulations found in this By-law shall be measured from the front
lot line.
118) Yard, Rear means a yard extending along the full length of the rear lot line from the front
yard to the rear yard.
119) 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
120) 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:
1)
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.
2)
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.
3)
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.
4)
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.
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
Sandwich or
Folding Sign
BILLBOARD
Figure 10. Types of Signs (Mobile, Sandwich, Billboard)
5)
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.
6)
Copy means the letters, graphics or characters which make up the message on sign face.
7)
Copy Area means the total area within one or more rectangles which enclose the entire
limits of the copy.
8)
Directional Sign means on premise or off-site signs providing direction to pedestrian or
vehicular traffic without advertising copy, except a business logogram.
9)
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.
10)
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.
11)
Free Standing Sign means any sign supported independently of a building and permanently
fixed to the ground.
12)
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.
13)
Height (sign) means the vertical distance measured from the finished ground surface
directly under the sign to the highest point of the sign.
14)
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.
15)
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.
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16)
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
SIGN
PROJECT
S
I
G
N
ING - PROJECTING -
PROJECT
ING - PROJECTING -
GRO
UND
SIGN
Wall
Fascia
Figure 11. Types of Signs (Ground, Roof, Fascia, Projecting)
17)
Official Sign means a sign required by, or erected pursuant to, the provisions of Federal,
Provincial or Municipal legislation.
18)
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 a
manner than 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.
19)
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.).
20)
Real Estate Sign means a sign displaying real estate copy.
21)
Roof Sign means any sign erected upon, against, or above a roof, or on top of or above,
the parapet of a building.
22)
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.
23)
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.
24)
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.
25)
Sign Structure means any structure which supports a sign, including materials used to
conceal or improve the visual appearance of the structural parts.
26)
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
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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.
27)
Warning Sign means an on premise sign providing a warning to the public, including such
signs as No Trespassing or Private Driveway signs.
7.0
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
1)
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.
2)
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.
3)
Multiple Family Dwelling means a building containing three or more dwelling units served by
common corridors and entrance. Each dwelling unit shall be designed for and used by one
family.
4)
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.
5)
Semi-Detached Dwelling means the whole of a building divided vertically into two separate
dwelling units, each of which has an independent entrance.
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
6)
Single Attached Dwelling means one of a group of up to four Single Family Dwellings that
are attached, with each dwelling unit having an independent entrance directly from the
outside.
7)
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 includes a
manufactured home dwelling, ready-to-move dwelling and modular home dwelling, but
not a Mobile Home Dwelling.
8)
Townhouse Dwelling means a dwelling unit divided vertically into three or more attached
dwelling units by fire separations, each of which has an independent entrance.
9)
Two Family Dwelling means an attached or semi-detached building designed for and used
by not more than two families, each having exclusive occupancy of a dwelling unit.
7.2
RESIDENTIAL-RELATED USE CLASSES
1)
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.
2)
Boarding or Rooming House (1 unit) means a building or portion thereof, that includes one
additional residential suite, without cooking facilities, meant to provide lodging for
compensation.
3)
Boarding or Rooming House (more than 1 unit) means a building or portion thereof, other
than a hotel, motel or bed and breakfast home, that includes residential suites with shared
cooking facilities, meant to provide lodging for compensation.
4)
Care Home means a building or portion of a building used for the residential
accommodation and care/treatment/supervision of persons. Care/treatment/supervision
is not provided to persons not resident in the care home.
5)
Guest Cabin means a building accessory to and subordinate to a permitted residential use
designed to provide additional sleeping quarters for occasional guests of the owner and
without kitchen facilities.
6)
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.
7)
Secondary Suite means that area of a single family that is or is intended to be a dwelling
unit that is smaller than the principal residence in the same building where the two dwelling
units have internal access between them.
8)
Short Term Rental means a furnished residential building or portion thereof, meant to provide
a temporary lodging for compensation for tourists. Short Term Rental Homes may be
occupied for a minimum of 3 consecutive nights and a maximum of 3 consecutive weeks.
7.3
COMMERCIAL USE CLASSES
1)
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.
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2)
Amusement Establishment means a facility within any building, room or area having table
games or electronic games played by patrons for entertainment. This Use Class includes
arcades but does not include Carnivals or Indoor Participant Recreation Services.
3)
Animal Shelter and Veterinary Service means a development used for the care and
treatment of animals where the veterinary services primarily involve outpatient care and
minor medical procedures. This Use Class includes pet clinics and veterinary offices.
4)
Auctioneering Establishment means a development specifically intended for the auctioning
of goods and equipment, including temporary storage of such goods and equipment.
5)
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.
6)
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.
7)
Body Modification Establishment means an establishment which specializes in the placing
ink or other pigment into or under the skin or mucosa by the aid of needles or any other
instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa,
which includes micro-blading.
8)
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.
9)
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.
10)
Car Broker means a development used for the retail purchase and sale of used passenger
vehicles from a single detached dwelling unit. The Use Class does not include Automotive
and Equipment Repair Shops, Automotive and Recreational Vehicle Sales and/or
Convenience Vehicle Rentals.
11)
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.
12)
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.
13)
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
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
small food stores, drug stores, and variety stores, selling confectionary, tobacco, groceries,
beverages, pharmaceutical and personal care items, hardware or printed matter.
14)
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.
15)
Custom Manufacturing Establishment means a development used for small-scale on-site
production of goods.
16)
Drive-In 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.
17)
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.
18)
Equipment Rentals and Sales means a development used for the rental of tools, appliances,
recreation craft, office machines, furniture, light construction equipment, or similar items.
19)
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.
20)
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.
21)
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.
22)
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.
23)
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
and big box 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.
24)
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
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
storage compounds, automobile wrecking yards, salvage yards, scrap metal yards, or the
storage of hazardous goods or waste.
25)
Greenhouse, Plant and Tree Nursery means a development used primarily for the raising,
storage and sale of bedding, household and ornamental plants.
26)
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.
27)
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.
28)
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.
29)
Mobile Catering Food Service means a development using a fleet of vehicles for the delivery
and sale of food to the public.
30)
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.
31)
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.
32)
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.
33)
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 dry cleaning establishments and
laundromats. This use does not include Body Modification Establishments.
34)
Planned Unit Development (Commercial) means an area of land used primarily for
commercial purposes under single ownership or control but including multiple business
owners who share the use and financial responsibility of common areas.
35)
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.
36)
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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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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.
37)
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.
38)
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.
39)
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 or business or professional offices.
40)
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.
41)
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.
42)
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.
43)
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.
44)
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.
45)
Warehouse Sales means a development used for the wholesale or retail sale of bulky 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
1)
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.
2)
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.
3)
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
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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.
4)
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.
5)
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 street and
traffic noise in the area in question; they do not emit smoke, dust, dirt, toxic or offensive
odours or gas 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.
6)
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.
7)
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.
8)
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, tire recycling plants, ethanol processing.
9)
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.
10)
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.
11)
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
1)
Abattoir means a building, structure, or part thereof, used for the slaughtering of animals
and related activities.
2)
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
fuel stations, feed and fertilizer supply operations, livestock auction marts and commercial
seed cleaning plants.
3)
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.
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4)
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.
5)
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.
6)
Equestrian Establishment means a facility engaged in the training of horses or the operation
of a horse riding academy or horse riding stables.
7)
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.
8)
Livestock Production Operation means a permanent or semi-permanent facility or non-
grazing area where at least 10.00 Animal Units of livestock are kept or raised either indoors
or outdoors, and includes all associated manure collection facilities, but does not include
an auction mart.
9)
Residential-Related Farm means a development for small scale, Residential-Related
agricultural pursuits ancillary to rural residential uses. This Use Class shall be developed so
that it will not unduly interfere with the general enjoyment of adjacent property. Animals
shall be kept for the use or enjoyment of the householder only and are limited to the City
Animal Control Bylaw.
10)
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
1)
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.
7.7
BASIC SERVICE USE CLASSES
1)
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.
2)
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.
3)
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.
4)
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
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services. Typical uses in this class include police stations, fire stations and ancillary training
facilities.
5)
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.
7.8
COMMUNITY, EDUCATIONAL, RECREATIONAL AND CULTURAL SERVICE USE
CLASSES
1)
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, kindergartens,
nursery schools and play schools.
2)
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.
3)
Community Service Club means a non-profit corporation chartered by The Canada
Corporation Act or The Manitoba Corporation Act, or an association consisting of persons
who are bona fide members paying annual dues, which owns or leases land, a building, or
a portion thereof, the use of such premises being restricted primarily to meeting, community
and related activities.
4)
Indoor Participant Recreation Service means a development providing facilities within an
enclosed building for sports and active recreation where patrons are predominately
participants. Typical uses include athletic clubs; health and fitness clubs; curling, roller-
skating and hockey rinks; swimming pools; rifle and pistol ranges; bowling alleys; paintball
games; and racquet clubs.
5)
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.
6)
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.
7)
Private Education Service means a development for instruction and education which is not
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.
8)
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.
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OPERATIVE AND
INTERPRETIVE CLAUSES
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
9)
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.
10)
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.
11)
Religious Assembly (home-based) means a house or multiple family unit that also serves as
a place of communal worship and related activities.
12)
Religious Assembly (non-home-based) 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.
13)
Tourist Campsite means a development of land which has been planned and improved for
the seasonal short term use of motor homes, tents, campers and similar recreational vehicles
and is not used as year round storage, or accommodation for residential use. Typical uses
include recreational vehicle parks, campsites and tenting grounds.
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
8.0
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 MSTW Planning District
Board on behalf of the Council of the City of Winkler to occupy the position of Designated
Officer or Municipal Designated Officer.
8.2
DESIGNATED OFFICER AND/OR DESIGNATED MUNICIPAL DEVELOPMENT
OFFICER DUTIES AND RESPONSIBILITIES
The Designated Officer and/or Municipal Designated Officer:
1)
Shall review each development permit application to ascertain whether it conforms to the
adopted MSTW 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.
7)
A person who is unsatisfied with a decision or order of the Designated Officer and/or
Municipal Designated Officer may request the Planning Board or 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.
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
8.3
ENTRY FOR INSPECTION AND OTHER PURPOSES
1)
The Designated Officer or Municipal 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 or Municipal 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 or Municipal
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(1) of this
By-law without the consent of the owner or occupant.
8.4
VARIANCE TO REGULATIONS
1)
The Municipal Designated Officer may approve, with or without conditions, a minor variation
not to exceed ten percent (10%) of the regulations of this By-law governing height, distance,
area, size or intensity of use regulations.
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.
8.6
PUBLIC INSPECTION OF APPLICATIONS
The Designated Officer or Municipal 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.
9.0
RESPONSIBILITIES OF COUNCIL AND THE PLANNING DISTRICT BOARD
9.1
RESPONSIBILITIES OF COUNCIL AND/OR THE MUNICIPAL DESIGNATED
DEVELOPMENT OFFICER
Subject to the provisions of the Act, the Council and/or the Municipal Designated Development
Officer 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.
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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.
5)
Assist and advise the public with respect to the requirements of the Zoning By-law and other
pertinent legislation.
6)
Receiving completed applications for a development permit, variation orders, conditional
use orders, and amendments to the Zoning By-law and the issue development permits in
accordance with the Zoning By-law.
7)
Issuing zoning memoranda.
8)
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.
9.2
RESPONSIBILITIES OF THE PLANNING DISTRICT BOARD AND THE DESIGNATED
OFFICER
Subject to the provisions of the Act, the Planning District Board and/or the Designated Officer 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)
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.
10.0 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 City of Winkler.
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.
d)
be responsible for any pre-design studies required by the municipality to confirm the
municipality can accommodate the demand for water supply, wastewater
treatment, and waste disposal.
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
11.0 DEVELOPMENT CLASSES
The following classes of development are hereby established.
1)
Class A No Permit Required
2)
Class B Permitted Use
3)
Class C Conditional Use
11.1 CLASS A DEVELOPMENT (NO 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. 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)
Patios which are accessory to a development.
3)
A fence, wall, or gate.
4)
An accessory building that:
a)
is less than 10 sq. m. (107.639 sq. ft.) in area; and
b)
does not exceed 6.096 m. (20.00 ft.) or one storey in height; whichever is lesser, and
c)
is not considered a hazard by the Designated Officer.
5)
An unenclosed deck or a deck enclosed by a rail or parapet wall and a wheelchair ramp,
all of which having a floor less than 0.61 m. (2.00 ft.) above grade unless it is anchored to the
building.
6)
Landscaping where the existing grade and natural surface drainage pattern is not
materially altered.
7)
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.
8)
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 Building and Mobile Homes Act are obtained as
required;
9)
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;
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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.
10)
The use of farmland, farm buildings and structures for permitted agricultural activities,
excluding livestock operations.
11)
When a change in land use is from one agricultural activity to another, excluding livestock
operations.
12)
Public and private communication facilities or towers not exceeding thirty five feet (35')
above grade.
12.0 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(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(4) 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
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GENERAL
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
Designated Officer may approve, and shall be fully dimensioned, accurately figured,
explicit and complete.
12.2 CLASS B DEVELOPMENTS (PERMITTED USE)
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.
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, in duplicate, 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.
11)
If required by the Designated Officer, a site plan, in duplicate, at a minimum scale of 1:500,
showing:
a)
the location of pedestrian and cycle pathways connections; where applicable,
parking, loading, storage, outdoor service and display areas; and
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GENERAL
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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, in duplicate, at minimum scale of 1:100, indicating all uses or occupancies,
storage and garbage holding areas.
13)
Elevations and drawings, in duplicate, 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.
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 signs is to be erected.
4)
Whether the development where this sign is to be erected is single business occupancy or
multiple business occupancy development.
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;
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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.
13.0 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, in consultation with a Certified Professional Engineer of Manitoba,
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 City of Winkler 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:
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 City 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.
14.0 CONDITIONS ATTACHED TO A DEVELOPMENT PERMIT
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
1)
The Designated Officer, the Planning Board or Council 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 may, as a condition of issuing a development permit
require that an applicant enter into an agreement or an interim agreement, which shall be
attached to and form part of such development permit, to do all or any of the following:
a)
to construct, or pay for the construction of, or improvement to, a public roadway
required to give access to the development;
b)
to specify the location and number of vehicular and pedestrian access points to sites
from public roadways, including the construction, or payment for the construction
thereof or improvements thereto;
c)
to install, or pay for the installation of, utilities that are necessary to serve the
development, or pay the recovery costs of services which have already been
installed;
d)
to repair, improve or reinstate, or to pay for the repair, improvement or reinstatement,
of any street furniture, curbing, sidewalk, boulevard landscaping and tree planting
which may be damaged or destroyed or otherwise harmed by the development or
building operations upon the site; and
e)
to construct, or pay for the construction of, or improvement to, land drainage works
that are necessary to serve the development.
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.
15.0 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 offense.
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;
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
commits an offense
15.2 PENALTIES
1)
Fines and penalties will be imposed as per the Act.
15.3 SUSPENSION OR REVOCATION OF THE DEVELOPMENT PERMIT
1)
The Designated Officer or Municipal 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.
16.0 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
Municipal 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 may require him/her to submit his/her application to the
Municipal 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
Municipal 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 property;
c)
a signed statement by the applicant stating that he/she is willing to pay for all costs
incurred by the City 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;
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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 Municipal 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 MSTW 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 Municipal Designated Officer may prepare a written report on the proposed
amendment and advise the applicant of the hearing date.
4)
The Municipal Designated Officer, in his/her discretion, may present for the consideration of
Council any proposed amendment to this By-law, and the 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 Municipal Designated
Officer for his/her report and recommendation.
6)
Every rezoning application shall be accompanied by the required fee as set out by the
Planning Board or Council.
SECTIONS
8 - 19
GENERAL
ADMINSITRATIVE CLAUSES
42
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
7)
When a Development and/or Zoning Agreement is to be entered into between the City and
the applicant, the applicant shall pay to the City, 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 Municipal
Designated Officer shall:
a)
place a public notice in compliance with the Act
b)
circulate notice to School Division and Health Authority.
17.0 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 Municipal Designated
Officer and shall be in such form and accompanied by such information and fees as
determined by Council.
5)
Council may request the Municipal 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 MSTW 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)
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 Municipal Designated
Officer shall place a public notice in compliance with the Act.
SECTIONS
8 - 19
GENERAL
ADMINSITRATIVE CLAUSES
43
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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 City. 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 City from any future legal claims, including
environmental contamination to water sources; or
h)
the owner/applicant entering into a development agreement with the City.
8)
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.
18.0 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, 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 Municipal Designated
Officer shall place a public notice in compliance with the Act. Council may request the
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 City.
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.
19.0 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.
SECTIONS
8 - 19
GENERAL
ADMINSITRATIVE CLAUSES
44
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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 MSTW Planning District
Development Plan.
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 MSTW 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 City.
SECTIONS
20 - 40
GENERAL
DEVELOPMENT REGULATIONS
45
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
20.0 APPLICABILITY
1)
The General Development Regulations apply to any development on any site, irrespective
of the Zoning District in which it is located.
21.0 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.
22.0 PROJECTIONS INTO YARDS
22.1 PERMITTED PROJECTIONS INTO REQUIRED FRONT, SIDE AND REAR YARDS
The following features may project into a required yard as provided for below:
1)
Uncovered walks, driveways, fixtures and other landscape architectural features, guardrails
for safety around ramps and ramps for the handicapped may be located in any required
yard.
2)
Architectural features, such as eaves, chimneys, air conditioner units, and fire escapes
together with any other architectural features which, in the opinion of the Designated
Officer, are of a similar character, may project five (5) feet into any yard provided said
features project no closer than two (2)feet to any side site line.
3)
Open, unenclosed and uncovered stairways, balconies, or decks attached to the main
building with a maximum three and one-half foot high railing, or verandas may project ten
(10) feet into any required front or rear yard.
4)
Architectural features of an accessory building or structure, such as eaves, chimneys, and
fire escapes together with any other architectural features which, in the opinion of the
Designated Officer, are of a similar character and are located to the rear of the main
building may project no closer than 18 inches to the side or rear site line.
5)
Parking spaces and off-street parking and loading may be located in any required yard,
except in the case of sites in the following zones, where there shall be no parking in the
required front yard other than a driveway:
RS: Residential Single Family
RT: Residential Two-Family
RM: Residential Multiple Family
RMA: Residential Restricted Multi-Family
RMH: Residential Mobile Home
RC: Residential Comprehensive
SECTIONS
20 - 40
GENERAL
DEVELOPMENT REGULATIONS
46
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
23.0 OBJECTS PROHIBITED OR RESTRICTED IN CERTAIN RESIDENTIAL AREAS
No person shall keep in any part of a site in the RS: Residential Single Family, RT: Residential Two-
Family, RM: Residential Multiple Family, RMA: Residential Restricted Multi-Family, RMH: Residential
Mobile Home and RC: Residential Comprehensive Zoning Districts:
1)
Any large commercial vehicle in accordance with the Traffic & Parking By-law.
2)
Any dismantled or wrecked vehicle, in accordance with the Derelict Vehicles By-law.
3)
Any unsightly object or chattel, in accordance with the Unsightly Yards By-law. Any above-
ground or below-ground Bulk Storage Facility.
24.0 FENCES
24.1 GENERAL
1)
A fence shall be permitted in a required yard.
2)
The permitted height of any fence 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 wire for security purposes, and in the case of the RR:
Rural Residential Zoning District where an electric fence may be used in conjunction with an
approved Equestrian Establishment or Residential-Related Farm Use Class.
24.2 FENCES IN CERTAIN RESIDENTIAL DISTRICTS
A fence in the RS: Residential Single Family, RT: Residential Two-Family, RM: Residential Multiple
Family, RMA: Residential Restricted Multi-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)
1.22 m. (4.00 ft.) in a required front yard; and
b)
2.00 m. (6.56 ft.) in a required side or rear yard.
24.3 FENCES IN OTHER ZONING DISTRICTS
A fence in the other Zoning Districts not referred to in Section 24.2 of this by-law, excluding the RR:
Rural Residential Zoning District:
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
(1); 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 (1);.
SECTIONS
20 - 40
GENERAL
DEVELOPMENT REGULATIONS
47
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
2)
Notwithstanding the above, the maximum height of a fence 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 located in a rear and side yard to the front of the
principal building shall be 3.66m. (12.00 ft.);
b)
outside storage shall not be allowed to project above the height of the fence; and
c)
permitted materials for the construction of fences shall include:
i.
1.90 cm. (0.75 in.) thick douglas fir, cedar or hemlock;
ii.
concrete;
iii.
ornamental block;
iv.
brick;
v.
metal;
vi.
combination of the above materials; and
vii.
any other material, subject to an illustration by a certified engineer, architect
or landscape architect to the satisfaction of the Designated Officer or Council
25.0 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 erected prior to the erection of the principal
building or structure except
a. Where it is necessary for the storage of tools and materials for use during
construction of the main building or structure or is essential to the construction of
the main building or structure.
b. Notwithstanding the above, in the case of adjoining lots, an accessory building
may be constructed on an abutting lot owned by the same legal owner prior to
the construction of a principal building provided a principal building exists on one
of the lots, subject to a conditional use.
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
25.2 ACCESSORY BUILDINGS IN CERTAIN RESIDENTIAL DISTRICTS
SECTIONS
20 - 40
GENERAL
DEVELOPMENT REGULATIONS
48
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
In the RS: Residential Single Family, RT: Residential Two-Family, RM: Residential Multiple Family, RMA:
Residential Restricted Multi-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 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.
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: Residential Single Family, RT: Residential
Two-Family, RM: Residential Multiple Family, RMA: Residential Restricted Multi-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.
25.4 TEMPORARY BUILDINGS 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)
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.
3)
Temporary buildings, structures and uses to be used in conjunction with a construction site:
a)
shall not exceed one thousand (1,000) square feet in floor area not twenty (20) feet in
height;
b)
may be used for storage of construction materials and equipment incidental to and
necessary for construction;
c)
may be used for office space for contractor or developer;
d)
shall not be used for human habitation, except as temporary accommodation for a
caretaker, watchman or construction workers; and
e)
shall not be detrimental to the public health, safety, convenience and general
welfare.
4)
Notwithstanding the regulations of this Section of the By-law, a temporary development
permit shall be issued for a Carnival development provided its maximum permitted duration
on a site, which includes the installation and removal of all equipment and structures
thereon, is five days.
26.0 LIGHTING OF SITES
SECTIONS
20 - 40
GENERAL
DEVELOPMENT REGULATIONS
49
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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.
27.0 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.
27.1 PERMITTED PROJECTIONS THROUGH MAXIMUM HEIGHT LIMITS
Architectural features such as air conditioners, chimney stacks, steeples, spires, elevator
housings, roof stairway entrances, ventilating equipment, skylights, fire walls, receiving or
transmitting structures, masts, flag poles, clearance markers or other features which, in the
opinion of the Designated Officer, are of a similar character, may project 10 feet above the
maximum height of the principal building in the applicable zoning district.
28.0 ACCESS TO SITES
1)
All access locations and curb crossings on Municipal Roads shall require the approval of the
Municipal Designated Officer or Municipal Engineer.
2)
Permits for developments adjacent to Provincial Truck Highways, Provincial Roads and
Provincial Access Roads shall be required from the appropriate Provincial government
agency.
28.1 DRIVEWAYS
1)
All driveways that access a hard surfaced roadway must be hard surfaced from property
line to edge of roadway to minimize the tracking of dirt and foreign matter onto the public
roadway.
Table 1: Maximum Dimensions for Driveway Widths*
Residential
50% lot width up to a maximum of 9 Meters.
Exceptions may be made for odd shaped lots.
Commercial
12.0 Meters
Industrial
15.0 Meters
* This table applies to driveways proposed to municipal roads only.
To be measured as a straight line from driveway edge to driveway edge, perpendicular to
the length of the driveway at its widest point in the city right-of-way.
SECTIONS
20 - 40
GENERAL
DEVELOPMENT REGULATIONS
50
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
2)
All driveways that access a roadway which is gravelled but will be paved must be paved
with (asphalt or concrete) within one (1) year of street construction completion.
3)
Every residential corner lot must situate the driveway on the interior side of the lot in order to
increase the distance from the corner to the driveway. The driveway accesses must be a
minimum of 3 meters from the end of the radius on the curb.
4)
Residential driveways are limited to one (1) per lot.
5)
Commercial and Industrial driveways are limited to one (1) per lot unless otherwise
approved by the Designated Officer.
6)
All boulevards must be seeded with grass and maintained by the property owner fronting
the boulevard. Rock, gravel, or artificial cover of any kind is not permitted on the boulevard,
with the exception of turfstone. Notwithstanding the above, where existing driveways end
12 inches or less from an interior property line, the portion between the driveway and
property line may be hard surfaced, subject to the discretion of the Designated Officer.
7)
All curb cuts must be made horizontally unless other arrangements have been made with
the Designated Officer.
29.0 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:
CC : Commercial Central
CH: Commercial Highway
CN: Commercial Neighbourhood
CL: Commercial Linear
CS: Commercial Shopping Centre
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:
CC: Commercial Central
CH: Commercial Highway
CN: Commercial Neighbourhood
CL: Commercial Linear
CS: Commercial Shopping Centre
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 such a surface that will minimize
the carrying of dirt or foreign matter onto the public roadway in the following districts:
CC: Commercial Central
CH: Commercial Highway
CN: Commercial Neighbourhood
CL: Commercial Linear
CS: Commercial Shopping Centre
MB: Industrial Business
MG: Industrial General
MR: Industrial Restricted
SECTIONS
20 - 40
GENERAL
DEVELOPMENT REGULATIONS
51
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
30.0 LANDSCAPING
30.1 LANDSCAPING
IN
COMMERCIAL,
INDUSTRIAL,
COMMUNITY,
EDUCATIONAL, RECREATIONAL AND CULTURAL SERVICE AND RESIDENTIAL
USE CLASS DEVELOPMENTS (EXCLUDING SINGLE 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, 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 the
landscaping shall be paid to the City 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 landscaped area.
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.) caliper when planted and evergreen trees shall have a minimum height of 2.50 m. (8.20
ft.) when planted.
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
SECTIONS
20 - 40
GENERAL
DEVELOPMENT REGULATIONS
52
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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: Residential Single Family, RT: Residential Two-Family, RM: Residential Multiple
Family, RMA: Restricted 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.
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: Residential Single Family, RT: Residential Two-Family,
RM: Residential Multiple Family 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.).
31.0 MOVING OF STRUCTURES
SECTIONS
20 - 40
GENERAL
DEVELOPMENT REGULATIONS
53
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
1)
No person shall move any structure or part thereof off his/her property to any other location
within the municipality 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 Municipality 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 sixty (60) days 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.
32.0 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: (Table
1, next page)
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.
SECTIONS
20 - 40
GENERAL
DEVELOPMENT REGULATIONS
54
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
Table 2: Off Street Parking Regulations
USE CLASS
# OF PARKING SPACES REQUIRED
BICYCLE
PARKING
RESIDENTIAL AND RESIDENTIAL-RELATED USE CLASSES
Bed and Breakfast Home
Institutional Residence
Mobile Home Dwelling
Multiple Family Dwelling
Single Attached Dwelling
Single Family Dwelling
Semi-Detached 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
1.00/Dwelling Unit
1.00/Dwelling Unit
2.00/Dwelling Unit
2.00/Dwelling Unit
Yes
Yes
COMMERCIAL USE CLASSES
Hotel and Motel
Eating and Drinking Establishment
1.00/46.45 sq. m. (500.00 sq. ft.) of
floor area
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
1.00/10
automobile
parking stalls
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
BASIC SERVICE USE CLASSES AND COMMUNITY, EDUCATIONAL, RECREATIONAL AND CULTURAL
SERVICE USE CLASSES
Indoor Participant Recreation
Service, Religious Assembly,
Outdoor Participant, Recreation
Service, Private Club, Public Library
and Cultural Exhibit, and
Community Recreation 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
Yes
1.00/10
automobile
parking stalls
Extended Medical Treatment
Service
2.00/Bed
Public and Private Education
Service
1.50/Classroom, plus 1.00/each 9.29 sq. m. (100.00
sq. ft.) of floor area devoted to public use
Government Service
1.00/51.50 sq. m. (550.00 sq. ft.) of floor area
Child Care Service
1.00/2 Employees
Funeral Service
1.00/5 Seating Places
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GENERAL
DEVELOPMENT REGULATIONS
55
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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.
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: Residential Single Family
Zone, RT: Residential Two Family Zone, RMA: Residential Restricted Multi-Family, RMH:
Residential Mobile Home or "RC" Residential Comprehensive Zone, theowner 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, RT, RMA, RMH and RC zones.
13)
Where Table 2: Off Street Parking Regulations indicates that bicycle parking is required, the
owner must provide 1 lockable bicycle space per 10 standard automobile parking spaces.
Required bicycle parking must be located with convenient access to major building
entrances.
32.2 SPACES AND AISLES
1)
Except as provided below, each required non-residential off-street parking space shall be a
minimum of 2.75 m. (9 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)
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
SECTIONS
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GENERAL
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56
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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.
33.0 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 made or administered by Manitoba Infrastructure, the more restrictive
regulations shall apply, or setback as defined by Manitoba Department of Infrastructure,
whichever is greater.
3)
Signs are considered accessory uses and shall be developed in accordance with Section
25.0 of this By-law, except for freestanding signs, which shall adhere to requirements outlined
in Table 2.
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 and Religious Assemblies, 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,
after resolution of Council, 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.
2)
Where a sign contravenes the regulations of this By-law, Council 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.
SECTIONS
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GENERAL
DEVELOPMENT REGULATIONS
57
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
3)
Failure to remove abandoned or unlawful signs, or to comply with the measures specified in
the notice by Council, shall result in the removal of the sign by the City 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: Residential Single Family, RT: Residential Two-Family, RM:
Residential Multiple Family, RMA: Residential Restricted Multi-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 1.2 m. (3.94 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 City of Winkler 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.
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.
9)
Notwithstanding anything elsewhere contained in this By-law, the following regulations shall
apply to portable signs:
a)
portable signs are only allowed in the CC: Commercial Central, CH: Commercial
Highway, CN: Commercial Neighbourhood, CL: Commercial Linear or CS:
Commercial Shopping Centre or the MB: Industrial Business, MR: Industrial Restricted or
MG: Industrial General Zoning Districts; and can only be allowed in any Residential
Zones by way of Conditional Use Applications which require a public hearing and
Council decision.
b)
a portable sign shall not be located, erected, placed or displayed on any site until a
permit which outlines the sign identification number and expiry date, has been issued
by the Designated Officer;
SECTIONS
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GENERAL
DEVELOPMENT REGULATIONS
58
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
c)
the portable sign shall be removed from the site upon the expiry date of the portable
sign permit;
d)
the maximum sign surface area of a portable sign is 4.65 sq. m. (50.00 sq. ft.);
e)
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;
f)
a portable sign shall comply with the yard regulations of the Zoning District within which
it is located;
g)
flashing or scintillating portable signs are prohibited;
h)
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;
i)
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;
j)
the maximum permitted duration for a portable sign on a site will be subject to the
discretion of the Designated Officer of the City of Winkler. Without a definite reason,
the time frame will be twelve months.
k)
a portable sign may be used to advertise for multiple businesses during the period of
the permit.
l)
the applicant for the portable sign shall pay the applicable fees, sign a letter
indicating that they will comply with these regulations, and agree to a date that the
portable sign will be removed.
m)
Temporary short term signs requested by a non-profit organization would not require
a permit fee at the discretion of the Designated Officer.
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
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.);
SECTIONS
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GENERAL
DEVELOPMENT REGULATIONS
59
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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 place 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.
13)
Council may impose additional conditions on the installation of a general advertising sign
deemed necessary to protect adjacent sites and the public welfare.
SECTIONS
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GENERAL
DEVELOPMENT REGULATIONS
60
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
Use Class
Types of Signs
Maximum Sign Area
Maximum Sign
Height
Freestanding
Signs Minimum
Distance to all
site lines
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 ft.)
3.05 m. (10 ft.)
1.53 m (5 feet)
1.53 m (5 feet)
Agricultural and Natural
Resource
Identification
2.97 sq. m. (32.00 sq. ft.)
10.67 m. (35 ft.)
1.53 m (5 feet)
Commercial and
Industrial
Business Identification (if
attached to a building
only)
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
10.67 m. (35 ft.)
N/A
Business Identification
(if free standing only)
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
10.67 m. (35 ft.)
1.53 m (5 feet)
Business Identification
(if attached to a
building and free
standing)
Real Estate
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
92.09 sq. m. (1,000.00 sq. ft.) for a multiple
occupancy site of more than 3 businesses
43.64 sq. m. (50.00 sq. ft.)
10.67 m. (35 ft.)
3.05 m. (10 ft.)
1.53 m (5 feet)
1.53 m (5 feet)
Basic Service Use and
Community,
Educational,
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 ft.)
1.53 m (5 feet)
SECTIONS
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GENERAL
DEVELOPMENT REGULATIONS
61
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
Table 3: Sign Regulations
Recreational and
Cultural Service
SECTIONS
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GENERAL
DEVELOPMENT REGULATIONS
62
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
34.0 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. 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.
35.0 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
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GENERAL
DEVELOPMENT REGULATIONS
63
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
is to be removed, including the action which is to be taken for restoring the
condition of the surface of the land to be affected, 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.
36.0 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, The Dangerous Goods Handling &
Transportation Act and regulations pertaining thereto, or the City of Winkler Noise By-law, as
amended:
RS: Residential Single Family
RT: Residential Two-Family
RM: Residential Multiple Family
RMA: Residential Restricted Multi-Family
SECTIONS
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GENERAL
DEVELOPMENT REGULATIONS
64
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
RMH: Residential Mobile Home
RC: Residential Comprehensive
RR: Rural Residential
36.2.3 APPEARANCE
1)
All Industrial Use Class developments in the MB: Industrial Business or MR: Industrial Restricted
Zoning Districts 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, where required
by the Designated Officer 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 examples of equipment or material related
to the industry or business located on the site.
37.0 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
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GENERAL
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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:
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.
5)
Rail cars or semi-trailers, or similar such containers shall comply with the following regulations:
If used 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)
Shall comply with Section 25.4 of this By-law.
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
If used for more than 90 days per calendar:
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 or wood 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 4 rail cars or
semi-trailers, or similar such containers; for sites between 1.00 hectares (2.27 acres) and
2.00 hectares (4.94 acres) there shall be no more than 8 rail cars or semi-trailers, or
similar such containers; and for sites greater than 2.00 hectares (4.94 acres) there shall
be no more than 12 rail cars or semi-trailers, or similar such containers.
f)
Shall comply with Sections 25.1 and 25.3 of this By-law.
38.0 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 FLOOD RISK AREAS AND HAZARD LANDS
1)
Notwithstanding any other provision of this By-law, the Designated Officer may:
a)
Refuse to issue a building and/or development permit where the proposed building or
structure, as determined by Council, is located within the floodway of a waterbody,
stream, drain, watercourse, or is low-lying, marshy, or subject to periodic flooding and
where Council has determined that placement of said structure would impede the
flow of water or floodwaters and/or create a hazard to life, limb or property; or
b)
Where Council has determined that the specific hazard has not been defined or
where the proposed building or structure is to be located within the floodway fringe
of a river, stream, drain or watercourse, or is otherwise subject to periodic flooding or
runoff, permit such lands to be developed provided that:
i.
permanent structures shall be setback from all water courses a distance of a
least 10 times the height of the bank above a channel grade or 59.74 m. (196.00
ft.), whichever is greater.
ii.
permanent structures shall be protected from flooding by raising the building
site and access to the flood protection level which is 0.67 m. (2.00 ft.) above
the flood level. The level of the surrounding fill at the building line shall not be
less than the flood protection level, and shall not slope more than 15.24 cm.
(6.00 in.) for a horizontal distance of 4.57 m. (15.00 ft.) from the building line and
not more than 0.35 m. (1.00 ft.) vertically to 1.22 m. (4.00 ft.) horizontally
thereafter.
iii.
the elevation of the main floor shall be a minimum of 0.35 m (1.0 ft.) above the
flood protection level.
iv.
basements, if constructed, shall:
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-
have the elevation of the basement floor not lower than the flood
protection level by: 0.67 m. (2.00 ft.) if the fill material is pervious such as
sand; or 1.68 m. (5.50 ft.) if the fill material is impervious such as clay.
-
not contain habitable space.
-
not be used for storage or immovable materials or hazardous materials
that are buoyant, flammable, explosive or toxic
-
not contain any electrical circuit breaker panels.
-
be provided with a sump pit.
-
have back-up valves in the sewer pipes or pipes leading to a holding tank
or disposal field.
2)
Notwithstanding any other provision of this By-law, the Designated Officer may:
a)
Refuse a building and/or development permit where Council 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.
3)
The Designated Officer may require that the applicant provide, at his/her own expense,
such flood levels, elevations, or other geotechnical data as may be required for its
determination with respect to subsections (1) and (2) above.
4)
Council may, prior to the issuance of a development permit, consult with Provincial
Government officials
38.3 OUTDOOR SOLID FUEL FIRE APPLIANCES
An outdoor solid fuel fire appliance is not allowed within the City of Winkler, except as provided
in the Outdoor Solid Fuel Appliance by-law in force in the City of Winkler.
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 treatment facility.
3)
No dwelling unit shall be located within 15.24 m. (50.00 ft.) from the edge of a right-of-way
or easement 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.
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5)
No dwelling unit shall be located within 152.40 m. (500.00 ft.) from any active Natural
Resource Development.
38.5 CORNER VISION TRIANGLES
1)
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 shall be located within a
triangular area of any lot adjacent to an intersection of two public streets, 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 the City of Winkler Lot Grade 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
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 BUIDLINGS RESTRICTIONS ADJACENTS 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: 3 Dimensional View of Building Restrictions Adjacent to Airports
38.12 CANVAS BUILDINGS
1)
Canvas buildings or buildings with similar material as determined by the Designated Officer
shall not be allowed in any Residential, Commercial, Community Service (excluding the
Parks and Recreation Zoning District) or Mixed Use Zoning Districts.
38.13 PROVINCIAL HIGHWAY SETBACKS
1)
Notwithstanding other provisions of this bylaw, in the event a setback is required by
Manitoba Infrastructure near a provincial highway, including a service road the greater
setback is required.
39.0 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.
40.0 CONNECTING TO MUNICIPAL SERVICES
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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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41.0 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.
42.0 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; and
d)
Rapid Drive-Through Vehicle Services.
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)
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 twelve 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 wash a minimum of twenty in-bound and five out-bound
stacking spaces shall be provided.
c)
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.
3)
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.
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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
43.0 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 social escort services, automotive service uses and
tow-truck operations.
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, in the opinion of the Designated Officer, 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.
6)
Notwithstanding Section 33.0 of this By-law, the Home Occupation may have one
identification sign not exceeding 0.28 sq. m. (3.00 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 or distribution, it offers articles for sale which are limited to those
produced therein or articles that are produced elsewhere but are pre-packaged and held
only on a temporary basis for distribution to customers
44.0 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 0.56 sq. m. (6.00 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: Residential Single Family, RT: Residential
Two-Family, RM: Residential Multiple Family, LCR: Limited Commercial Residential, CC:
Commercial and CL: Commercial Linear Zoning Districts; and
b)
six bedrooms or bedroom suites in the RR: Rural Residential Zoning District.
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.
45.0 PLANNED UNIT DEVELOPMENTS
The intent of this section is to provide for alternate forms of land development within the City of
Winkler 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 amenity, parking and loading and other requirements and standards as applicable
in this By-law.
45.1 CONDOMINIUMS
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
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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.
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.
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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;
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 MULTIPLE USES
1)
This Subsection provides for more than one main use, building or structure on a single site
where it is reasonable to conduct such additional uses on the same site without requiring
subdivision of the subject parcel. The multiple use provisions herein shall be applied to
situations where, in the opinion of Council, the development is not of a magnitude to
necessitate a Planned Unit Development. (See Subsection 45.1.3).
2)
There may be more than one main use, building or structure on a single site, except in "RS"
and "RT" zones, provided that:
a)
the second or subsequent use, building or structure is a permitted or conditional use
listed in the Use Table;
b)
where the second or subsequent use, building or structure is listed as a conditional use
in the subject zone; or involves construction or erection of an additional main building;
c)
the relevant conditional use provisions shall apply and
d)
all provisions of the By-law relating to each main use are met.
3)
Where a proposed second or subsequent use on a zoning site is accessory or incidental to
the main use, such as an incidental commercial use contained within the same building, it
shall be regulated under Section 25 of PART II, Accessory Buildings, Structures and Uses.
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45.1.5 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 City of Winkler Building By-law and Sewer & Water By-
law shall be complied with;
f)
In the case of the subdivision of 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 thousand six hundred (1600) square feet and a minimum
frontage of sixteen (16) feet. No side yard is required along a party wall.
46.0 CAR BROKERS
A Car Broker shall comply with the following regulations:
1)
The Car Broker operation shall be operated as a secondary use only on the site, and shall
not change the principal character or external appearance of the dwelling unit involved.
2)
The Car Broker operation shall be limited to the purchase and sale of used passenger and
light truck vehicles only.
3)
Except as hereinafter provided, the passenger vehicles or light trucks that are for sale shall
be parked or stored at the rear of the dwelling unit on the site so as to be entirely screened
from public view.
4)
Notwithstanding Section 46.0(3) of this By-law, a maximum of one passenger vehicles or light
trucks may be put on display for sale in the front yard of the site on which a Car Broker
operation is located at any one time.
5)
Notwithstanding Section 46.0(4) of this By-law, on the site on which a Car Broker operation is
located there shall be no passenger vehicles or light trucks put on display for sale within any
Municipal road right-of-way.
6)
Notwithstanding Section 46.0(4) of this By-law, if the Car Broker operation is adjacent to a
Provincial Trunk Highway Provincial Road, Provincial Access Road or Main Market Road, the
passenger vehicles or light trucks put on display for sale thereon shall be setback in
accordance with The Highways & Transportation Act and The Highway Protection Act.
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7)
The site on which a Car Broker operation is located shall be kept in a tidy, well-maintained
manner to the satisfaction of the Designated Officer.
8)
A storage area having six or more passenger vehicles or light trucks that are visible from a
roadway or an abutting site shall be fenced and/or have a screen planting, to the
satisfaction of the Municipal Designated Officer in the following districts:
LCR: Limited Commercial Residential
RR: Rural Residential
9)
The Car Broker operation 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.
10)
The Car Broker operation shall be operated solely by the members of the family residing at
the same dwelling unit on the site where the Car Broker operation is located without the
employment of other persons.
11)
Any exterior display or advertisement of the Car Broker operation shall:
a)
not exceed 0.37 sq. m. (4.00 sq. ft.) in area;
b)
not be illuminated; and
c)
be compatible with the character of the area.
12)
The dimensions of signage advertising the sale of passenger vehicles or light trucks shall not
exceed 21.59 cm. (8.50 in.) by 27.94 cm. (11.00 in.).
13)
The Car Broker operation shall have all outdoor lighting located and arranged on the site so
that no rays of light are directed at any adjacent sites.
14)
The maximum number of passenger vehicles or light trucks for sale at any one time shall be
limited to eight (8) vehicles.
47.0 SECONDARY SUITES
1)
A secondary suite is allowed as an accessory use in a one-family dwelling located in any
residential zoning district provided that:
a)
The one-family dwelling to which it is accessory is owner-occupied.
b)
The one-family dwelling to which it is accessory is located on a lot of not less than
549.97 sq. m. (5,920.00 sq. ft.) in area.
c)
The secondary suite is not obtrusive so as to change the one-family nature of the one-
family dwelling.
d)
An Occupancy Permit has been issued.
e)
One additional accessory off-street parking space is provided for the exclusive use of
the accessory secondary suite.
f)
The secondary suite contains at least three (3) rooms including a bedroom and
bathroom.
g)
The total floor area of all storeys of a secondary suite shall be not more than the lesser
of:
i.
80% of the total floor area of all storeys of the other dwelling unit, excluding the
garage floor area and common spaces serving both dwelling units, and
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
ii.
80 m2
h)
No more than 1 secondary suite may be located in any detached single family
dwelling.
i)
The floor area occupied by a secondary suite shall be considered as part of the
principal building.
j)
A secondary suite shall contain no more than 2 bedrooms.
k)
No more than 3 persons may occupy a secondary suite.
l)
Where a secondary suite has an entrance which is separate from that of the principal
dwelling, the entrance may only be located on a side or rear wall of the principal
dwelling.
m)
Section 55 of this by-law shall apply to the review and approval of use applications for
secondary suites.
n)
No secondary suite shall be permitted in a boarding house.
o)
A secondary suite located above a detached garage is permitted only if this has a
separate entrance other than the vehicle entrance.
p)
"Garden Suite" which is a ground-level suite detached from the single family or
primary residence is not permitted.
q)
The "Community Enhancement Fee" will not be applied to secondary suites
48.0 RESIDENTIAL-RELATED FARMS
A Residential-Related Farm shall comply with the following regulations:
1)
The minimum site area for the Residential-Related Farm shall be 2.02 ha. (5.00 acres).
2)
Farm buildings or structures shall be a minimum distance of 30.48 m. (100.00 ft.) from any lot
line.
3)
A Residential Related Farm can only be developed in conjunction with a Single Family
Dwelling.
49.0 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.
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.
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SPECIAL LAND
USE REGULATIONS
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
Figure 16: Commercial and Industrial Special Yard Requirements
3)
Parking spaces within the required front yard shall not be permitted within 3.05 m. (10.00 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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USE REGULATIONS
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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
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ADDITIONAL REGULATIONS
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50.0 INTENT OF ZONING DISTRICTS
The Zoning Districts established in this By-law are intended to provide sufficient land for various
types of land uses and developments in the City of Winkler in keeping with the provisions of the
MSTW Planning District Development Plan. The Zoning Districts as outlined in Appendix A are
hereby established.
1)
Overlay Zoning Districts - The purpose of overlay zoning districts is to allow the municipality
to establish special use regulations, standards, or procedures in areas with unique land use,
site planning, building design, or environmental resource issues. Overlay zoning districts are
also an appropriate mechanism to implement long-term goals and land use requirements
of the municipality for a specific property, location, or to coordinate land use and design
requirements unique to a large tract of land. Overlay zoning districts are intended to be
applied only where special circumstances justify the modification of base zoning district
regulations to achieve specific land use and design objectives.
51.0 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.
52.0 BULK REGULATIONS FOR ZONING DISTRICTS
1)
Appendix C outlines the bulk regulations for each Zoning District.
53.0 POOLS, HOT TUBS & WATER FEATURES
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.
3)
Private Swimming Pools and Hot Tubs shall be located a minimum of 1.52 m. (5.00 ft.) from
any side or rear property lines.
4)
All outdoor swimming pools, hot tubs and water features capable of holding 24" (0.6m) of
water depth 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 a gate and it shall be
constructed so as to prevent a child from crawling under either the fence or gate;
c)
where other than chain link is used, the outside surface of the enclosure shall be
relatively smooth so as not to provide foot or toe holds; and
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
d)
the enclosure surrounding an outdoor swimming pool, hot tub or water feature shall
be maintained in good repair.
e)
Hot tubs must have a secured lid in place when not in use.
54.0 ADDITIONAL REGULATIONS FOR THE RS: RESIDENTIAL SINGLE FAMILY
ZONING DISTRICT AND RT: RESIDENTIAL TWO FAMILY ZONING
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)
When no public lane is located at the rear of a site and no garage attached to the house,
one side yard shall be a minimum of 3.66 m. (12.00 ft.) to provide vehicular access to the
rear yard. A 12 foot side yard shall be required if an accessory building in the rear yard has
a door width greater than seven (7) feet, in which case the accessory building must be on
the same side of the house as the 12 foot side yard.
3)
Where an accessory building is located to the rear of the main building the interior and
corner side yard for the accessory building may be .6 m. (2.00 ft.) provided the accessory
building does not exceed 150 sq. ft. and does not abut a front yard.
4)
Where the accessory building is over 150 sq. ft. and is located to the rear of the main
building, the interior side yard, interior corner yard, and rear yard setback for the accessory
building must be 1.52 m. (5 ft) provided it does not abut a front yard.
5)
The total floor area of accessory buildings and structure may not exceed the site coverage
maximum.
6)
The maximum gross density shall be 17.30 dwellings per hectare (7.00 dwellings per acre).
7)
Developers of projects with greater than 100 single-family lots shall be required to provide
zoned lots or parcels for multiple-family housing amounting to a minimum of 10% lots of the
total housing unit yield. City/Developers may shadow-plan multi-family parcels for
conversion to future single-family housing subject to Council approval.
8)
Housing units must be located within .5 km from a park and/or open space, as determined
by the Development Officer.
55.0 ADDITIONAL REGULATIONS FOR THE RM: RESIDENTIAL MULTIPLE
FAMILY AND RMA: RESTRICTED RESIDENTIAL MULTIPLE 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)
A single family dwelling shall be developed in accordance with the RS 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).
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
4)
For RM: Residential Multiple Family sites the maximum number of stories is three (3). For RMS:
Residential Restricted Multiple Family sites the maximum number of stories is two (2).
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 ft.).
7)
Housing units must be located within .5 km from a park and/or open space, as determined
by the Development Officer.
8)
The maximum gross density shall be 37.06 dwellings per hectare (15.00 dwelling units per
acres) for Restricted Multiple Family Zoning Districts and 86.48 dwelling units per hectare
(35.00 dwelling units per acre) for Residential Multiple Family Zoning Districts.
56.0 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 front of a principal living room window or an
on-site roadway, as depicted in Figure 18; and
b)
a minimum depth of 1.52 m. (5.00 ft.) in front of a habitable room window other than
a principal living room window, a non-habitable window, entry or blank wall, as
depicted in Figure 18.
c)
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.
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 56.0.1 a) and 56.0.1 b) of this By-law.
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ZONING DISTRICTS AND
ADDITIONAL REGULATIONS
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
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
f)
the location, type and height of all proposed walls, fences, and landscaping.
5)
The maximum gross density shall be 17.30 dwellings per hectare (7.00 dwellings per acre).
6)
Housing units must be located within .5 km from a park and/or open space, as determined
by the Development Officer.
57.0 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 shall be 371.60 sq. m. (4,000.00 sq. ft.);
b)
the minimum site width requirement shall be 12.19 m. (40.00 ft.); and
c)
the separation spaces between Mobile Home Dwellings, including accessory uses,
buildings and structures, shall be the same as the yard regulations.
d)
A central open space area shall be established and landscaped and shall be equal
in area to a minimum of 18.58 sq. m. (200.00 sq. ft.) per mobile home space or 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 12.19 m. (40.00 ft.) and shall contain an all-weather driving
surface a minimum of 7.32 m. (24.00 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 home pads, mobile home additions,
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ZONING DISTRICTS AND
ADDITIONAL REGULATIONS
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
storage areas, roadways, driveways, parking stalls and other structures or
facilities.
2)
The maximum gross density shall be 19.77 dwellings per hectare (8.00 dwellings per acre) for
Residential Mobile Home Zoning District.
3)
Housing units must be located within .5 km from a park and/or open space, as determined
by the Development Officer.
58.0 ADDITIONAL REGULATIONS FOR THE RR: RURAL RESIDENTIAL 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, structures and hedges adjacent to Provincial Highways, Provincial Roads and
Provincial Access Roads shall be setback in accordance with The Highway Protection Act
and The Highway and Transportation Department Act.
59.0 ADDITIONAL REGULATIONS FOR THE CC: COMMERCIAL CENTRAL
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: Residential Single Family, RT: Residential Two-Family, RM: Residential Multiple
Family, RMA: Residential Restricted Multi-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: Residential Single Family, RT: Residential Two-Family, RM:
Residential Multiple Family, RMA: Residential Restricted Multi-Family, RMH: Residential Mobile
Home and RC: 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.
3)
Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R
respecting Storage and Handling of Gasoline and Associated 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)
A dwelling unit is allowed only in conjunction with a permitted use or conditional use
development if:
a)
it is occupied by the owner/operator or a site watchperson or caretaker, if necessary;
or
b)
the said permitted use or conditional use is the primary ground floor use.
and may only be allowed as a conditional use.
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ZONING DISTRICTS AND
ADDITIONAL REGULATIONS
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
6)
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)
General Retail Store
7)
A Multiple Family Dwelling shall be developed in accordance with Section 55.0 of this By-
law.
60.0 ADDITIONAL REGULATIONS FOR THE CH: HIGHWAY COMMERCIAL
ZONING DISTRICT
1)
No loading, storage, trash collection, outdoor service or display area shall be permitted
within a required side yard.
2)
Loading, storage and trash collection areas shall be located to the rear or sides of the public
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.
3)
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.
4)
All exposed building faces shall have consistent and harmonious exterior finishing materials.
5)
Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R
respecting Storage and Handling of Gasoline and Associated Products of the Provincial Fire
Code.
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
legislation.
7)
Buildings, structures and hedges adjacent to Provincial Trunk Highways, Provincial Roads
and Provincial Access Roads shall be setback in accordance with The Highways Protection
Act and The Highway and Transportation Department Act.
8)
A dwelling unit is allowed 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.
9)
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 the public roadways:
a)
Drive-In Food Service
b)
Eating and Drinking Establishment
c)
Rapid Drive-Through Vehicle Service
d)
General Retail Store
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ZONING DISTRICTS AND
ADDITIONAL REGULATIONS
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
10)
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.
61.0 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 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.
2)
Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R
respecting Storage and Handling of Gasoline and Associated Products and the Provincial
Fire Code.
3)
Any used oil products and other regulated hazardous wastes generated or stared on the
site shall be collected and disposed of in accordance with all applicable Manitoba
legislation.
62.0 ADDITIONAL REGULATIONS FOR THE CL: COMMERCIAL LINEAR
ZONING DISTRICT
1)
A Home Occupation shall be developed in accordance with Section 43.0 of this By-law.
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: Residential Single Family, RT: Residential Two-Family, RM:
Residential Multiple Family, RMA: Residential Restricted Multi-Family, RMH: Residential Mobile
Home and RC: 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.
3)
Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R
respecting Storage and Handling of Gasoline and Associated Products and the Provincial
Fire Code.
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
legislation.
5)
A dwelling unit is allowed only in conjunction with a permitted use or conditional use
development if:
a)
it is occupied by the owner/operator or a site watchperson or caretaker, if necessary;
or
b)
the said permitted use or conditional use is the primary ground floor use.
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ZONING DISTRICTS AND
ADDITIONAL REGULATIONS
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
6)
A Multiple Family Dwelling shall be developed in accordance with Section 55.0 of this By-
law.
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
63.0 ADDITIONAL REGULATIONS FOR THE CS: COMMERCIAL SHOPPING
CENTRE 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: Residential Single Family, RT: Residential Two-Family, RM:
Residential Multiple Family, RMA: Residential Restricted Multi-Family, RMH: Residential Mobile
Home and RC: 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.
2)
All exposed building faces shall have consistent and harmonious exterior finishing materials.
3)
Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R
respecting Storage and Handling of Gasoline and Associated Products and the Provincial
Fire Code.
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
legislation.
5)
Buildings, structures and hedges adjacent to Provincial Trunk Highways, Provincial Roads
and Provincial Access Roads shall be setback in accordance with The Highways Protection
Act and The Highway and Transportation Department Act.
6)
A dwelling unit is allowed 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.
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
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ZONING DISTRICTS AND
ADDITIONAL REGULATIONS
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
64.0 ADDITIONAL REGULATIONS FOR THE MB: INDUSTRIAL BUSINESS
ZONING DISTRICT
1) No loading, storage, trash collection, outdoor service or display area shall be permitted within
a required side yard.
2) All development shall comply with Section 36.0 of this By-law.
3) Any fuel storage areas established on the site shall comply with Manitoba Regulation 97/88R
respecting Storage and Handling of Gasoline and Associated Products and the Provincial Fire
Code.
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 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 departments(s) prior to issuing a development permit.
7) A dwelling unit is allowed 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.
65.0 ADDITIONAL REGULATIONS FOR THE MG: INDUSTRIAL GENERAL
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 97/88R
respecting Storage and Handling of Gasoline and Associated Products and the Provincial
Fire Code.
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
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
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ADDITIONAL REGULATIONS
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City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
c)
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 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 permits.
7)
A dwelling unit is allowed 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 seventy-five (75)
percent of the total site area and shall not be located in the required front yard.
66.0 ADDITIONAL REGULATIONS FOR THE MR: INDUSTRIAL RESTRICTED
ZONING
1)
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 97/88R
respecting Storage and Handling of Gasoline and Associated Products and the Provincial
Fire Code.
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
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 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 permits.
7)
A dwelling unit is allowed 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.
67.0 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.
SECTIONS
50 - 71
ZONING DISTRICTS AND
ADDITIONAL REGULATIONS
92
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
2)
Buildings, structures and hedges adjacent to Provincial Trunk Highways, Provincial Roads
and Provincial Access Roads shall be setback in accordance with The Highways Protection
Act and The Highway and Transportation Department Act.
68.0 ADDITIONAL REGULATIONS FOR THE CR: COMMUNITY RESERVE
ZONING DISTRICT
1)
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.
2)
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.
3)
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.
4)
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 development on the subject land.
5)
A dwelling unit is allowed in conjunction with a Tourist Campsite development if it is
occupied by the owner/operator or a site watchperson or caretaker, if necessary.
6)
A Multiple Family Dwelling shall be developed in accordance with Section 55.0 of this By-
law.
69.0 ADDITIONAL REGULATIONS FOR THE CR: COMMUNITY RESERVE
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)
The maximum number of on-site employees for a Contractor Service shall be two and shall
be limited to owner operated businesses only.
3)
Any materials related to a small scale business operation shall be kept within an enclosed
building. These buildings shall be constructed and finished with durable materials and blend
in with the surrounding residential development.
4)
No more than two trucks with a maximum gross vehicle weight of 6,804.. kg. (15,000.00 lb.)
gross vehicle weight can be parked overnight on any lot.
70.0 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: Residential Single Family, RT: Residential Two-Family, RM: Residential Multiple
SECTIONS
50 - 71
ZONING DISTRICTS AND
ADDITIONAL REGULATIONS
93
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
Family, RMA: Residential Restricted Multi-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: Residential Single Family, RT: Residential Two-Family, RM:
Residential Multiple Family, RMA: Residential Restricted Multi-Family, RMH: Residential Mobile
Home and RC: 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.
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)
Eating and Drinking Establishment
b)
General Retail Store
4)
Townhouse and Multiple Family Dwelling shall be developed in accordance with Section
55.0 of this By-law.
5)
The Designated Officer, through site plan review, shall ensure that the developments are all
interconnected with pedestrian and/or cycling pathways that connect to the broader
community.
71.0 ADDITIONAL REGULATIONS FOR THE OR: OPEN SPACE/RECREATION
ZONING DISTRICT
1)
Subject to meeting building code and health regulations, permit event tents as determined
by the Designated Officer to a maximum size of 464.50 sq. m. (5,000.00 sq. ft.) are a permitted
use.
2)
Locate parks and open public open spaces a maximum of .5 km away from substantial
housing and development.
3)
Parks and open spaces are required to be connected via safe pedestrian/cycle pathways
to housing developments.
72.0 REGULATIONS FOR CPA: COLLABORATIVE PLANNING AREA OVERLAY
DISTRICT
1)
The Collaborative Planning Area Overlay Zone is intended to instigate a process of
communication and cooperation between the urban municipality and the abutting rural
municipality in order to establish development projects in a logical and mutually beneficial
manner.
2)
All permitted uses in the underlying zone are also permitted in this zone.
3)
All conditional uses in the underlying zone are also conditional in this zone.
4)
Completion of a secondary plan is required to guide the orderly and phased development
of the CPA. This may include a highway access management plan and other technical
studies.
SECTIONS
50 - 71
ZONING DISTRICTS AND
ADDITIONAL REGULATIONS
94
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
5)
Development and servicing standards in the CPA should be equivalent to the standards in
the urban municipality.
6)
Inter-municipal service-sharing agreements are required to provide contributions toward
infrastructure and community services, including, but not limited to, recreation, emergency,
and health.
7)
The inter-municipal agreement may include a tax-sharing agreement to provide fair and
equitable distribution of development revenues.
8)
Subdivision applications in the CPA require a resolution of support from adjacent
municipalities.
95
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
APPENDIX A
ZONING DISTRICTS TABLE
96
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
ZONING DISTRICTS
RESIDENTIAL ZONING DISTRICTS
RS
Residential Single Family
To accommodate serviced 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.
RMA
Residential Restricted Multiple
Family
To accommodate multiple family dwellings in existing neighbourhoods where the
multiple family housing blends in and is compatible with the existing neighbourhood.
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 accommodate seniors' housing and associated or compatible uses as part of a
planned unit development that are further regulated through various site
development and condominium agreements.
RMH
Residential Mobile Home
To accommodate the development and placement of mobile home dwellings and
associated or compatible uses.
RR
Rural Residential
To accommodate un-serviced single family dwellings and associated or compatible
uses in a semi-urban setting.
COMMERCIAL ZONING DISTRICTS
CC
Commercial Central
To accommodate commercial, residential, office and service uses within the central
commercial areas of the City of Winkler.
CH
Commercial Highway
To accommodate high quality commercial development along major roadways.
CN
Commercial Neighbourhood
To accommodate local or neighbourhood type commercial developments that
serve the daily household or personal needs of area residents.
CL
Commercial Linear
To accommodate small single and multi-tenant retail and personal services along
major roadways that serve neighbourhood and community areas.
CS
Commercial Shopping
Centre
To accommodate planned shopping centres to service local, community and
regional markets for retail and related uses.
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 general industrial uses within the City of Winkler.
MR
Industrial Restricted
To provide for the continuance of existing industrial uses in areas which are
generally residential or commercial in nature.
COMMUNITY SERVICE ZONING DISTRICTS
OR
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 lands unsuitable for development due to flooding, unstable, or poorly
drained soils.
CR
Community Reserve
To reserve existing agricultural lands for future residential, recreational, institutional,
commercial and industrial growth in the City of Winkler.
MIXED USE ZONING DISTRICTS
LCR
Limited Commercial-
Residential
To accommodate and regulate the development of a small scale business
operations and single family dwellings where residents can operate a business and
reside in the same location.
CRI
Commercial-Residential-
Institutional
To accommodate a mix of commercial, residential and institutional land uses.
97
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
APPENDIX B
PERMITTED AND CONDITIONAL USE TABLE
98
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
Residential
Commercial
Industrial
Community
Educational
Recreational
Cultural
Mixed
Use
Specific
Standard
Use Classes
Pg
Ref.
RS
RT
RMA
RM
RC
RMH
RR
CC
CH
CN
CL
CS
MB
MG
MR
OR
I
SL
CR
LCR
CRI
Agricultural Use Class
Abattoir
28
C
Agri-Business
28
C
C
P
C
Agricultural Activities
28
C
C
P
Agricultural Crop Protection
Warehouse
28
C
C
C
Agricultural Implement Sales &
Service
29
P
P
P
C
Equestrian Establishment
29
C
Farmstead Dwelling
29
P
Livestock Operation of up to 10
A.U.
C
Residential-Related Farm
29
C
C
Sec 48.0
Specialized Agriculture
29
C
C
Basic Service Use Class
Cemetery
29
C
C
Extended Medical Treatment
Service
29
C
C
P
C
Government Medical Treatment
Service
29
P
P
P
P
P
P
P
C
P
P
Protective & Emergency Service
29
C
C
C
C
C
C
C
P
P
P
P
P
P
P
P
P
P
P
P
Public Utility
30
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
P
P
P
Commercial Use Class
Aircraft Landing Field
23
C
C
C
Amusement Establishment
23
C
C
C
P
C
Animal Shelter & Veterinary Service
24
C
C
C
C
P
P
C
Auctioneering Establishment
24
C
C
P
Automotive & Equipment Service
24
C
P
C
C
P
P
Automotive & Recreational
Vehicle Sales
24
C
P
P
P
P
P
Body Modification Establishment
24
C
C
C
C
C
Broadcasting & Motion Picture
Studio
24
C
C
C
C
C
99
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
Residential
Commercial
Industrial
Community
Educational
Recreational
Cultural
Mixed
Use
Specific
Standard
Use Classes
Pg
Ref.
RS
RT
RMA
RM
RC
RMH
RR
CC
CH
CN
CL
CS
MB
MG
MR
OR
I
SL
CR
LCR
CRI
Commercial Use Class continued
Business Support Service
24
P
P
P
P
P
P
P
P
Cafeteria-Associated With a
Business
P
P
P
P
C
C
C
Car Broker
24
C
C
Sec 46.0
Car Wash
P
P
P
P
C
C
Carnival
24
C
C
P
C
Commercial School
24
C
C
C
C
P
P
Convenience Retail Store
24
C
P
P
P
Convenience Vehicle Rental
24
C
P
P
C
P
P
Custom Manufacturing
Establishment
25
P
P
P
P
P
P
Drive-Through Food Service
25
C
P
P
P
C
Sec 42.0
Eating & Drinking Establishment
25
C
C
P
P
C
P
P
C
C
C
P
Equipment Rental & Sales
25
P
P
P
P
P
P
Fleet Service
25
P
P
P
P
P
Funeral Service
25
C
P
P
C
C
Gas Bar
25
C
P
C
C
P
Sec 42.0
General Contractor
25
C
P
P
C
General Retail Store
25
P
P
P
P
C
General Storage
25
C
C
C
C
P
P
C
Greenhouse, Plant & Tree Nursery
25
C
C
C
C
P
P
C
C
C
Health Service
26
C
P
P
P
P
P
P
P
P
P
Hotel
26
P
P
P
P
C
Household Repair Service
26
P
P
C
P
P
P
P
P
Mobile Catering Food Service
26
C
C
C
P
P
P
Motel
26
P
P
P
P
Non-Accessory Parking
26
C
P
C
P
P
P
C
100
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
Outdoor Amusement
Establishment
26
C
C
C
Residential
Commercial
Industrial
Community
Educational
Recreational
Cultural
Mixed
Use
Specific
Standard
Use Classes
Pg
Ref.
RS
RT
RMA
RM
RC
RMH
RR
CC
CH
CN
CL
CS
MB
MG
MR
OR
I
SL
CR
LCR
CRI
Commercial Use Class continued
Personal Service Shop
26
C
P
P
P
P
P
C
C
P
P
Planned Unit Development,
Commercial
26
C
C
C
C
C
C
Office Support - When Associated
with Industrial Business
P
P
P
Private & Public Communication
Facilities or Towers
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Professional, Financial & Officer
Support Service
26
P
P
P
P
P
C
P
Rapid Drive-Through Vehicle
Service
26
P
C
P
P
P
Sec 42.0
Recycling Depot
26
C
C
C
C
C
C
C
Service Station - Auto Sales
27
C
P
C
P
P
P
Sec 42.0
Shopping Centre
27
C
C
C
P
C
Small Animal Breeding & Boarding
Establishment
27
C
C
Spectator Entertainment
Establishment
27
C
P
C
P
P
P
P
Truck & Mobile Home Sales and/or
Rentals
27
P
P
P
Trucking Operation
27
P
C
P
P
Truck Stop
27
P
C
C
Warehouse Sales
27
C
P
C
P
P
P
Community, Educational, Recreational and Cultural Services
Child Care Service
30
C
C
C
C
C
P
P
P
P
C
P
P
C
P
Community Recreation Service
30
C
C
C
C
C
C
P
P
Community Service Club
30
C
C
C
C
C
C
P
P
Indoor Participant Recreation
Service
30
C
P
P
P
C
C
P
C
Outdoor Participant Recreation
Service
30
C
C
P
C
C
C
Private Club
30
C
C
C
C
C
C
101
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
Private Education Service
30
C
C
C
C
P
Public Education Service
30
C
C
C
C
C
P
Residential
Commercial
Industrial
Community
Educational
Recreational
Cultural
Mixed
Use
Specific
Standard
Use Classes
Page
Ref.
RS
RT
RMA
RM
RC
RMH
RR
CC
CH
CN
CL
CS
MB
MG
MR
OR
I
SL
CR
LCR
CRI
Community, Educational, Recreational and Cultural Services continued
Public Library & Cultural Exhibit
C
C
C
C
P
P
C
P
P
P
P
P
Public Park
30
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
C
P
P
Religious Assembly, Home-Based
31
C
C
C
C
C
C
C
C
Religious Assembly, Non Home-
Based
31
C
C
C
C
C
C
C
P
C
C
P
C
Tourist Campsite
31
C
P
C
Industrial Use Class
Automobile Wrecking
27
C
Bulk Storage Facility
27
C
General Industrial - Heavy
27
P
Industrial Vehicle & Equipment
Sales and/or Rentals
28
C
P
P
Light Industrial
28
C
C
C
P
P
C
Planned Unite Development,
Industrial
28
C
C
C
Sec 45.0
Portable Asphalt Plant
28
C
Processing Use
28
C
Storage Compound
28
C
Transport Terminal
28
C
C
C
C
C
C
Wayside Pit & Quarry
28
C
C
Natural Resource Development Class
Wildlife & Conservation Reserve
29
P
P
P
102
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
Residential
Commercial
Industrial
Community
Educational
Recreational
Cultural
Mixed
Use
Specific
Standard
Use Classes
Page
Ref.
RS
RT
RMA
RM
RC
RMH
RR
CC
CH
CN
CL
CS
MB
MG
MR
OR
I
SL
CR
LCR
CRI
Residential Use Class
Institutional Residence
22
C
C
C
P
C
P
P
P
P
Mobile Home Dwelling
22
P
C
C
Multiple Family Dwelling
22
P
P
C
C
C
Planned Unit Development,
Residential
22
C
C
C
C
C
C
C
C
Sec 45.0
Semi-Detached Dwelling
23
C
P
P
P
P
Single Attached Dwelling
23
P
P
C
Single Family Dwelling
23
P
P
C
C
P
P
C
P
Townhouse Dwelling
23
P
P
P
Two Family Dwelling
23
C
P
P
P
Residential Related Use Class
Bed & Breakfast
23
C
C
C
C
P
P
C
Sec 44.0
Boarding or Rooming House (1
unit)
23
P
P
Boarding or Rooming House
(more than 1 unit)
23
C
C
Group Home
23
C
C
C
C
C
C
Guest Cabin
23
C
Home Occupation
23
P
P
P
P
P
P
P
P
P
P
P
Sec 43.0
Secondary Suite
23
P
P
P
P
C
Sec 47.0
Short Term Rental Home
23
C
C
C
C
C
C
103
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
APPENDIX C
BULK TABLE
104
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
TABLE C-1 RESIDENTIAL SITE REQUIREMENTS
Zones
Ref.
Section
Permitted or Conditional Uses
Minimum Requirements
Maximum
Requirements
Site
Yard
Dwelling
Unit Area
(sq. ft.)
Site
Coverage
Building
Height
(ft.)
Area (sq.
ft.)
Width
(ft)
Front
(ft)
Side
Rear
(ft)
Interior
(ft)
Corner
(ft)
RS
54.0
Single Family Dwellings
5,000
50
25 f
5 a
12
25
600
40%
35
25.0
Accessory Buildings & Uses
n/a
n/a
25
5 b
5 b
5 b
n/a
10%
20
Other RS Uses
5,000
50
25
5 a
12
25
n/a
40%
35
RT
Two Family Dwellings
7,500
75
25 f
5 a
12
25
600
50%
35
25.0
Accessory Buildings & Uses
n/a
n/a
25
5 b
12 b
5 b
n/a
10%
20
Other RT Uses
5,000
50
25
5 a
12
25
600
50%
35
RMA
55.0
Multiple Family Dwellings
10,000 c
100
25 g
5 g
15
25
400
60%
35f
25.0
Accessory Buildings & Uses
n/a
n/a
25
5 b
12 b
5 b
n/a
10%
20
Townhouse Dwelling
9,000
75
25
5 g
15
25
600
60%
35f
Single Family Dwellings
5,000
50
25
5 a
12
25
600
40%
35
Other RMA Uses
7,500
75
25
5 a
12
25
800
50%
35
RM
55.0
Multiple Family Dwellings
10,000 c
100
25 f
15
15
25
400
60%
45 d
25.0
Accessory Buildings & Uses
n/a
n/a
25
15 b
15 b
5 b
n/a
10%
20
Single Family Dwellings
5,000
50
25
5 a
12
25
90
40%
35
Townhouse Dwelling
9,000
75
25
5 g
15
25
600
60%
35
Other RM Uses
7,500
75
25
5 a
12
25
800
50%
35
RMH
57.0
Mobile Homes
4,000
40
10
5
10
8
500
40%
35
25.0
Accessory Buildings & Uses
n/a
n/a
10
5 b
10
5 b
n/a
10%
20
Other RMH Uses
4,000
40
10
5
10
8
n/a
40%
35
RC
56.0
Single Family Dwellings
5,000
50
25
5
12
25
600
40%
35
25.0
Accessory Buildings & Uses
n/a
n/a
25
5
12
5 b
n/a
10%
20
Two Family Dwellings
7,500
75
25
5
12
25
600
50%
35
Other RC Uses
5,000
50
25
5
12
25
n/a
40%
35
RR
58.0
Single Family Dwellings
2.0 ac.
200
25
25
25
25
800
10%
35
25.0
Accessory Buildings & Uses
n/a
n/a
25
25
25
5 b
n/a
5%
20
Other RR Uses
2.0 ac.
200
25
25
25
25
n/a
10%
35
a.
When no public lane located at rear of site and no garage to side of house one side yard shall be a minimum of 3.66 m. (12.00 ft. [Section 54.0 2] to provide vehicular access to the rear yard. A 12 foot side
yard shall be required if an accessory building in the rear yard has a door width greater than 7 feet (2.1336 m).
b.
Where accessory building is located to rear of main building, the rear, interior and corner side yard for the accessory building may be reduced to 0.6m. (2.00 ft.) provided it does not abut a front yard and
provided the accessory building is less than 150 sq. ft. [Section 54.0.3].
c.
In addition to minimum site area of 929.0 sq. m. (10,000 sq. ft.) each multiple family development shall provide an additional 92.90 sq. m. (1,000 sq. ft.) for each dwelling unit in excess of four (4). [section 55.0 3]
d.
Or three (3) stories, whichever is lesser
e.
Or two (2) stories, whichever is lesser
f.
Excluding reversed corner lots, where sites comprising forty (40) percent or more of the entire frontage of block are developed with buildings, the average front yard calculation established by such buildings
shall be front yard regulation for the block [Section 54.0 1]
g.
When no public lane is located at the rear of a site and no garage to the side of the house, one side yard shall be a minimum of 4.57 m (15 ft.)
105
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
TABLE C-2 COMMERCIAL SITE REQUIREMENTS
Zones
Ref.
Section
Permitted or Conditional Uses
Minimum Requirements
Maximum
Requirements
Site
Yard
Dwelling
Unit Area
(sq. ft.)
Site
Coverage
Building
Height
(ft.)
Area (sq.
ft.)
Width
(ft)
Front
(ft)
Side
Rear
(ft)
Interior
(ft)
Corner
(ft)
CN
25.0
Accessory Buildings & Uses c
n/a
n/a
25 b
5 b
15
5 b
n/a
10%
20
61.0
Other "CN" Uses
5,500
55
25
10
15
25
n/a
60%
30
CC
25.0
Accessory Buildings & Uses c
n/a
n/a
0 b
0 b
0 b
5 b
n/a
10%
20
Vehicle Orientated Uses
15,000
150
0
0
0
20
n/a
95%
30
Hotels/Motels
15,000
150
0
0
0
20
n/a
95%
30
Warehouse Related
15,000
150
0
0
0
20
n/a
95%
30
Multiple Family Dwellings e
10,000
100
20
0
20
20
400
80%
70
59.0
Other "CC" Uses
2,500
25
0
0
0
20
n/a
n/a
30
CH
Public Utilities and Parks
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
25.0
Accessory Buildings & Uses c
n/a
n/a
40 b
15
30
15
n/a
10%
20
60.0
Other "CH" Uses
30,000
100
40
25
25
25
n/a
50%
30
CL
Public Utilities and Parks
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
25.0
Accessory Buildings & Uses c
n/a
n/a
20
10 b
15
10 b
n/a
10%
20
62.0
Other "CL" Uses
10,000
100
20
5 d
15
20
n/a
50%
30
CS
Public Utilities and Parks
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
25.0
Accessory Buildings & Uses c
n/a
n/a
100 b
10 b
10
25
n/a
n/a
20
63.0
Other "CS" Uses
100,000
100
100
50
50
50
n/a
n/a
35
a.
See 49.0 for yards adjacent to residential zones
b.
Except that all pump islands and underground storage tanks shall be located at least 6.1 m (20 ft.) from any boundary of the site, parking area or laneways intended to control traffic circulation on the side
[section 42.2 (5)].
c.
Detached accessory buildings shall be located a minimum of ten (10) feet from the principle building on the site.
d.
When no public lane is located at the rear of the building and no garage is attached to the side of a principle building, one side yard shall be a minimum of fifteen (15) feet.
e.
Plus one thousand (1,000) square feet for each dwelling unit in excess of four (4).
106
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
TABLE C-3 INDUSTRIAL SITE REQUIREMENTS
Zones
Ref.
Section
Permitted or Conditional Uses
Minimum Requirements
Maximum
Requirements
Site
Yard
Floor
Area
Ratio
Building
Height
(ft.)
Area (sq.
ft.)
Width
(ft)
Front
(ft)
Side
Rear
(ft)
Interior
(ft)
Corner
(ft)
MR
Public Utility & Temporary Uses
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
25.0
Accessory Buildings & Uses c
n/a
n/a
20
10
15
10
n/a
30
66.0
Other MR Uses
20,000
100
20
10
15
10
1
45
MB
Public Utility & Temporary Uses c
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
25.0
Accessory Buildings & Uses
n/a
n/a
20
5 b
15
10 b
n/a
25
64.0
Other MB Uses
7,500
100
20
5
15
10
1
45
MG
Public Utility & Temporary Uses c
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
25.0
Accessory Buildings & Uses
n/a
n/a
20
5 b
15
10 b
n/a
30
65.0
Other MG Uses
10,000
100
20
5
15
10
1
75
a.
See 49.0 for yards adjacent to residential zones
b.
Except that all pump islands and underground storage tanks shall be located at least 6.10 m (20 ft.) from any boundary of the site, parking area or laneways intended to control traffic circulation on the site
[Section 42.2.(5)]
c.
Detached accessory buildings shall be located a minimum of ten (10) feet from the principal building on the site.
107
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
TABLE C-4 COMMUNITY SERVICES SITE REQUIREMENTS
Zones
Ref.
Section
Permitted or Conditional Uses
Minimum Requirements
Maximum
Requirements
Site
Yard
Dwelling
Unit Area
(sq. ft.)
Site
Coverage
Building
Height
(ft.)
Area (sq.
ft.)
Width
(ft)
Front
(ft)
Side
Rear
(ft)
Interior
(ft)
Corner
(ft)
OR
Public Utilities & Parks
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
25.0
Accessory Buildings & Uses a
n/a
n/a
30
5
15
5
n/a
10%
20
Other OR Uses
40,000
200
25
15
15
25
n/a
50%
35
I
Public Utilities & Parks a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
25.0
Accessory Buildings & Uses a
n/a
n/a
25
2
12
2
n/a
10%
20
Institutional Residence & Group Home
8,000
60
25
5
12
25
1,200
40%
35
Other I Uses
20,000
100
25
15
15
25
n/a
60%
50
SL
Public Utilities & Parks
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
25.0
Accessory Buildings & Uses
n/a
n/a
40
10
15
10
n/a
n/a
20
67.0
Other SL Uses
n/a
n/a
40
15
15
25
n/a
n/a
35
CR
Public Utilities & Parks
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
25.0
Accessory Buildings a
n/a
n/a
50
5
15
5
n/a
10%
20
Farmstead Dwellings
1 ac.
200
30
15
15
25
600
n/a
35
68.0
Other CR Uses
20 ac.
600
50
15
15
25
600
50%
35
a.
Detached accessory buildings shall be located a minimum of ten (10) feet from the principal building on the site. [Section 25.2 1b]
108
City of Winkler Zoning By-law 1938-08 Consolidation Date February 27, 2018
TABLE C-5 MIXED USE SITE REQUIREMENTS
Zones
Ref.
Section
Permitted or Conditional Uses
Minimum Requirements
Maximum
Requirements
Site
Yard
Dwelling
Unit Area
(sq. ft.)
Site
Coverage
Building
Height
(ft.)
Area (sq.
ft.)
Width
(ft)
Front
(ft)
Side
Rear
(ft)
Interior
(ft)
Corner
(ft)
LCR
Public Utilities & Parks
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
25.0
Accessory Buildings & Uses
n/a
n/a
25
25
25
5
n/a
5%
20
69.0
Other LCR Uses
2.0 ac.
200
25
25
25
25
n/a
10%
35
CRI
Public Utilities & Parks
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
25.0
Accessory Buildings & Uses
n/a
n/a
25
15
15
2
n/a
10%
20
Institutional Residence & Group Home
8,000
60
40
10
15
25
1,200
40%
35
Townhouse Dwelling
9,000
75
25
5
12
25
600
60%
35
55.0
Multiple Family Dwellings
10,000
100
25
15
15
25
400
60%
65
70.0
Other CRI Uses
7,500
75
25
5
12
25
800
50%
35