This is the exact embedded text of the captured official document.
Snapshot 64c6d47ad4bf · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
RESORT VILLAGE OF MANITOU BEACH
ZONING BYLAW
Prepared for:
THE RESORT VILLAGE OF MANITOU BEACH
Prepared by:
CROSBY HANNA & ASSOCIATES
LANDSCAPE ARCHITECTURE AND COMMUNITY PLANNING
SASKATOON, SK
OCTOBER 2023
THE RESORT VILLAGE OF MANITOU BEACH
ZONING BYLAW NO. 35-2023
A Bylaw of the Resort Village of Manitou Beach to adopt a Zoning Bylaw.
The Council of the Resort Village of Manitou Beach, in the Province of Saskatchewan, in open meeting
assembled enacts as follows:
(1)
Pursuant to Section 34(1) of The Planning and Development Act, 2007 the Council of the Resort
Village of Manitou Beach hereby adopts the Resort Village of Manitou Beach Zoning Bylaw,
identified as Schedule "A" to this Bylaw.
(2)
The Mayor and Chief Administrative Officer are hereby authorized to sign and seal Schedule "A"
which is attached to and forms part of this Bylaw.
(3)
Bylaw No. 3/2014, the Zoning Bylaw, and all amendments thereto, are hereby repealed.
(4)
This Bylaw shall come into force on the date of final approval by the Minister of Government
Relations.
Read a First Time the
_______ day of _____________________,
__________
Read a Second Time the
_______ day of _____________________,
__________
Read a Third Time the
_______ day of _____________________,
__________
Adoption of the Bylaw this _______ day of _____________________,
__________
__________________________________________
(Mayor)
SEAL
__________________________________________
(Chief Administrative Officer)
Certified a True Copy of the Bylaw adopted by Resolution of Council
On the _________ day of _____________________, of the year __________
THE RESORT VILLAGE OF MANITOU BEACH
ZONING BYLAW
Being Schedule "A" to Bylaw No. 35-2023
of the Resort Village of Manitou Beach
______________________________________
(Mayor)
SEAL
______________________________________
(Chief Administrative Officer)
TABLE OF CONTENTS
1
INTRODUCTION ..................................................................................................... 1
1.1
Title ............................................................................................................................................... 1
1.2
Scope ............................................................................................................................................. 1
1.3
Purpose .......................................................................................................................................... 1
1.4
Severability ................................................................................................................................... 1
2
INTERPRETATION .................................................................................................. 2
3
ADMINISTRATION ............................................................................................... 25
3.1
Development Officer................................................................................................................... 25
3.2
Development Permits .................................................................................................................. 25
3.3
Development Permit Application Requirements ........................................................................ 26
3.4
Development Permit Application Process .................................................................................. 27
3.5
Development Appeals Board ...................................................................................................... 27
3.6
Right of Appeal ........................................................................................................................... 28
3.7
Minor Variances .......................................................................................................................... 28
3.8
Nonconforming Uses, Buildings and Sites ................................................................................. 30
3.9
Discretionary Use Applications .................................................................................................. 30
3.10
Zoning Compliance, Offences and Penalties .............................................................................. 37
3.11
Fees ............................................................................................................................................. 37
4
GENERAL REGULATIONS ...................................................................................... 40
4.1
Accessory Buildings, Structures & Uses .................................................................................... 40
4.2
Building Lines ............................................................................................................................. 44
4.3
Buildings or Uses Occupying More than One Lot ...................................................................... 44
4.4
Building to Be Moved ................................................................................................................. 45
4.5
Demolition of Buildings.............................................................................................................. 45
4.6
Development on Hazard Lands ................................................................................................... 45
4.7
Excavation, Stripping and Grading ............................................................................................. 46
4.8
Frontage on Road ........................................................................................................................ 47
4.9
Fences ......................................................................................................................................... 47
4.10
Garage and Yard Sales ................................................................................................................ 48
4.11
Height Restrictions ...................................................................................................................... 48
4.12
Landscaping ................................................................................................................................ 49
4.13
Licences, Permits and Compliance with Other Bylaws and Legislation .................................... 50
4.14
Lighting of Sights ....................................................................................................................... 51
4.15
Number of Principal Buildings Permitted on a Site .................................................................... 51
4.16
Off-street Parking and Loading ................................................................................................... 51
4.17
Prohibited Uses ........................................................................................................................... 53
4.18
Outside Storage and Waste Material Storage .............................................................................. 53
4.19
Required Yards and Open Space ................................................................................................ 53
4.20
Servicing ..................................................................................................................................... 55
4.21
Signs ............................................................................................................................................ 55
4.22
Storage of Materials and Unlicensed or Inoperative Vehicles .................................................... 61
4.23
Storage of chemicals, Fertilizers and Combustible materials ..................................................... 61
4.24
Temporary Uses .......................................................................................................................... 61
4.25
Trailer Coaches and Tents........................................................................................................... 62
4.26
Visibility Clearance at Intersections (Sight Triangles) ............................................................... 62
4.27
Water ........................................................................................................................................... 62
4.28
Removal of Existing Trees .......................................................................................................... 62
5
SPECIAL REGULATION AND STANDARDS .............................................................. 63
5.1
Above-Ground Fuel Storage Tanks ............................................................................................ 63
5.2
Adult Day Care Facilities, Residential Care Homes and Custodial Care Facilities .................... 64
5.3
Bed and Breakfast Homes ........................................................................................................... 64
5.4
Bulk Fertilizer Operations ........................................................................................................... 64
5.5
Campgrounds and Tourist Camps ............................................................................................... 64
5.6
Cannabis Retail Stores ................................................................................................................ 66
5.7
Cannabis Production Facilities .................................................................................................... 66
5.8
Day Care Centres and Pre-Schools ............................................................................................. 67
5.9
Dwelling Groups ......................................................................................................................... 67
5.10
Family Child Care Homes........................................................................................................... 67
5.11
Garden and Garage Suites ........................................................................................................... 67
5.12
Geothermal Energy Systems ....................................................................................................... 69
5.13
Home Based Businesses.............................................................................................................. 69
5.14
Kennels (Boarding and Breeding) ............................................................................................... 73
5.15
Manufactured Home Courts ........................................................................................................ 73
5.16
Multiple Unit Dwelling ............................................................................................................... 73
5.17
Parking Lots ................................................................................................................................ 74
5.18
Private Gardens ........................................................................................................................... 74
5.19
Secondary Suites ......................................................................................................................... 74
5.20
Service Stations and Gas Bars .................................................................................................... 75
5.21
Solar Energy Systems ................................................................................................................. 75
5.22
Temporary Relocatable Work Camps ......................................................................................... 76
6
ZONING DISTRICTS .............................................................................................. 77
6.1
Classification of Zoning Districts ............................................................................................... 77
6.2
The Zoning District Map............................................................................................................. 77
6.3
Boundaries of Zoning Districts ................................................................................................... 77
6.4
Zoning Districts .......................................................................................................................... 78
6.5
Transitional Zoning Provisions ................................................................................................... 78
6.6
Properties with More than One Zoning District .......................................................................... 78
7
DISTRICT SCHEDULES ........................................................................................... 79
7.1
R-SF - Single Family Residential District .................................................................................. 79
7.2
R-MF - Multiple Family Residential District ............................................................................. 84
7.3
C-BF - Beach Front Commercial District .................................................................................. 89
7.4
C-G - General Commercial District ........................................................................................... 94
7.5
C-HY - Highway Commercial District .................................................................................... 100
7.6
M-CS - Community Service District ........................................................................................ 106
7.7
FUD - Future Urban Development District .............................................................................. 110
8
MAPS ................................................................................................................ 113
Resort Village of Manitou Beach Zoning Bylaw
1
1 INTRODUCTION
Under the authority of The Planning and Development Act, 2007, and Bylaw No._______, the Official
Community Plan of the Resort Village of Manitou Beach, the Council of the Resort Village of Manitou
Beach in the Province of Saskatchewan, in open meeting, hereby enact as follows:
1.1 TITLE
This Bylaw shall be known and may be cited as the Zoning Bylaw of the Resort Village of Manitou Beach.
1.2 SCOPE
Development shall be permitted within the limits of the Resort Village of Manitou Beach only when in
conformity with the provisions of this Bylaw subject to the right of appeal provisions of the Act.
1.3 PURPOSE
This is a Bylaw to control the use and development of the land in the municipality and assist in
implementing the Official Community Plan for the Resort Village of Manitou Beach.
1.4 SEVERABILITY
If any section, clause or provision of this Bylaw, including anything shown on the Zoning District Map, is
for any reason declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the
validity of the Bylaw as a whole or in part, other than the section, clause, provision or anything shown on
the Zoning District Map, declared to be invalid.
2
Resort Village of Manitou Beach Zoning Bylaw
2 INTERPRETATION
Whenever in this Bylaw the following words or terms are used, they shall, unless the context otherwise
provides, be held to have the following meaning:
Abutting: Shall mean touching and sharing a common site line or boundary.
Accessory Building or Use: Shall mean a building or use which:
(a)
is subordinate to and serves the principal building or principal use;
(b)
is subordinate in area, extent, and purpose to the principal building or principal use served;
(c)
contributes to the comfort, convenience or necessity of occupants of the principal building or
principal use served; and,
(d)
is located on the same site as the principal building or principal use served.
Act, The: Shall mean The Planning and Development Act, 2007.
Adult Day Care: Shall mean an establishment for the placement, care and supervision of adults, but does
not include the provision of overnight supervision.
Adult Entertainment Facility: Shall mean, whether as a principal, accessory or ancillary use, a venue
which features live entertainment, motion pictures, video tapes, video discs, slides or similar electronic or
photographic reproductions of adult entertainment including strip-tease, wet clothing contests or similar
adult performances.
Alteration: Shall mean any structural change in, or addition to, a building or structure, and shall include a
change from one type of use to another.
Ambulance Station: Shall mean a facility for receiving requests for ambulance service and for the
stationing of one or more ambulances until dispatched in response to calls for service, which is operated by
a person or corporation having a valid and subsisting ambulance licence issued pursuant to The Ambulance
Act and having a current contract with the Regional Health Authority.
Amusement Park: a development including go-cart, paint ball and miniature golfing facilities, concessions
and arcades, swimming pools, water slides, batting cages and other similar uses.
Ancillary Use: Shall mean a use that is secondary and subordinate in size, extent and purpose to the
principal use on the same site, but is not necessary for the operation of the principal use on that site.
Animal, Domestic: an animal kept for companionship and amusement rather than for practical or
commercial purposes and does not include any ungulate, poultry, fowl, bees, peacocks, non-caged pigeons,
or animals used for farm use purposes.
Animal, Exotic: Shall mean an animal not indigenous to Canada and not commonly kept as a domestic
animal in Canada.
Animal Hospital: Shall mean a place used for the care and treatment of small and large animals involving
out-patient care, medical procedures involving hospitalization, and the keeping of animals in outdoor pens.
Resort Village of Manitou Beach Zoning Bylaw
3
Animal Shelter: a building, which may include outdoor facilities, used for the temporary accommodation
or impoundment of animals.
Balcony: Shall mean a platform, projecting from the face of a wall, cantilevered or supported by columns
or brackets and usually surrounded by a railing.
Basement, Walkout: Shall mean that portion of a building which is partly underground, but which has
more than 50% of the floor area not greater than 0.6 metres below grade or which has an entrance at finished
floor level. This definition shall only apply to sites which have been designed to accommodate a walkout
basement.
Bed and Breakfast Home: Shall mean a dwelling unit in which the occupants thereof use a portion of the
dwelling unit for the purpose of providing, for remuneration, sleeping accommodations and one meal per
day to members of the general public, for periods of two weeks or less, and in which:
(a)
not more than six bedrooms within the dwelling unit are used to provide such sleeping
accommodation;
(b)
the dwelling unit is the principal residence of the person or persons receiving the remuneration and
providing the sleeping accommodation and one meal per day; and,
(c)
the meal which is provided is served before noon each day.
Boarder: Shall mean a person who rents sleeping accommodations which have no individual cooking
facilities, and who may be furnished with meals or other services as part of the consideration, but who is
not a member of the household occupying the principal dwelling unit.
Boulevard: Shall mean the strip of land between the curb and the property line, or in the absence of a curb,
the strip of land between the road/pavement edge and the property line. The boulevard is located within the
road right-of-way.
Building: Shall mean a structure constructed or placed on, in, or over land, but does not include a public
highway, and includes any structure covered by a roof and supported by walls or columns.
Building Bylaw: Shall mean any Bylaw of the Resort Village of Manitou Beach regulating the erection,
alteration, repair, occupancy or maintenance of buildings or structures.
Building Front Line: Shall mean the line of the wall of the building, or any projecting portion of the
building, and production thereof excluding permitted obstructions which face the front site line.
4
Resort Village of Manitou Beach Zoning Bylaw
Building Height: shall mean the vertical distance from the average finished ground level, measured from
the outermost corners of a building or structure to the highest point of a structure. If a localized depression
such as a building entrance is located at an outermost corner, the level of finished surface of the ground at
that location may be ignored in the calculation of the average finished surface elevation.
Figure 2-1: Building Height
Building Line, Established: Shall mean a line, parallel to the front site line (and, in the case of corner sites,
a line, parallel to the side site line along the flanking street), and set back the average distance from the
edge of the street to the main walls of the existing buildings on a side of any block of the street where more
than half the lots have been built on.
Building Permit: Shall mean a permit issued under a Building Bylaw of the Resort Village of Manitou
Beach authorizing the construction of all or part of a building or structure.
Building, Principal: Shall mean the building in which is conducted the main or primary use of the site on
which said building is situated.
Building Rear Line: Shall mean the line of the wall of the building or any projecting portion of the building
and production thereof excluding permitted obstructions which face the rear site line.
Building Side Line: Shall mean the line of the wall of the building, or any projecting portion of the building
and production thereof excluding permitted obstructions, which face the side site line.
Bulk Fertilizer Operation: Shall mean a facility for the storage and distribution of fertilizer in bulk
quantities, but not including retail sales or processing.
Bylaw, this: Shall mean the Zoning Bylaw of the Resort Village of Manitou Beach.
Resort Village of Manitou Beach Zoning Bylaw
5
Cannabis Production Facility: Shall mean a facility, approved under federal and provincial regulations,
that is used in whole or in part for the planting, cultivation, harvesting, processing and distribution of the
cannabis plant and any of its derivatives.
Cannabis Retail Store: Shall mean a retail store, approved under federal and provincial regulations that
sells cannabis and any of its derivatives.
Carport: Shall mean a roofed enclosure for the parking of a motor vehicle or motor vehicles which has
less than 60% of the total perimetre enclosed by walls, doors or windows and is attached to a principal
building.
Car Wash: Shall mean a building or portion of a building which is used for the washing of vehicles,
including full service, automatic and hand operated facilities.
Cemetery: Shall mean property used for the interment of the dead and may include facilities for the storage
of ashes of human remains that have been cremated.
Chief Administrative Officer: Shall mean the Chief Administrative Officer for the Resort Village of
Manitou Beach.
Club: Shall mean a group of people organized for a common purpose, to pursue common goals, interests
or activities, usually characterized by certain membership qualifications, payment of dues or fees, regular
meetings, and a constitution and bylaws; and shall include lodges and fraternal organizations.
Common Wall: Shall mean a vertical wall without an opening, separating two dwelling units between the
top of the footings to the underside of the roof deck, and shall be common to both dwelling units over at
least 40% of the length of each dwelling unit.
Communication Facility: Shall mean an Industry Canada regulated communication facility, including
radio television cellular telephone and microwave transmission towers and accessory buildings.
Community Centre: Shall mean a building or facility used for recreational, social, educational or cultural
activities and which is owned by a municipal corporation, non-profit corporation or other non-profit
organization.
Construction Trades: Shall mean offices, shops and warehouses, with or without associated retail sales of
plumbing and heating, electrical, carpentry, masonry and other trades associated with construction of
buildings.
Convenience Store: Shall mean a store offering for sale primarily food products, beverages, tobacco,
personal care items, hardware and printed matter and which primarily provides a convenient day-to-day
service to residents in the vicinity.
Corner Site: Shall mean a site at the intersection or junction of two or more streets.
Council: Shall mean the Council of the Resort Village of Manitou Beach.
Cultural Institution: Shall mean an establishment such as a museum, art gallery, library and similar
facilities of historical, educational or cultural interest which are not commercially operated.
6
Resort Village of Manitou Beach Zoning Bylaw
Custodial Care Facility: Shall mean either:
(a)
a facility for the temporary detention or open custody of persons pursuant to the provisions of The
Youth Criminal Justice Act (Canada) or The Summary Offences Procedure Act, 1990
(Saskatchewan); or,
(b)
a facility for the accommodation of persons participating in a community training program pursuant
to The Correctional Services Act,
in which the number of persons in detention, custody or residence does not exceed four.
Dark Sky Compliant Lighting: shall mean outdoor lighting that meets the standards of the International
Dark-Sky Association (IDA) to reduce light pollution and its negative effects on humans, wildlife, and the
night sky. Dark sky compliant lighting must be fully shielded, emit no light above the horizontal plane,
avoid glare and over-lighting, use dimming and other controls, and minimize short-wavelength (bluish)
light.
Day Care Centre: Shall mean a facility for the non-parental care of over four (4) preschool age children
on a daily basis, including after school programs, and licensed under The Child Care Act or Education Act.
Deck: Shall mean a raised platform, with or without rails, for use by those occupying the principal building.
Deck or Patio, Covered: Shall mean a single storey deck or patio which is covered with a permanent roof
structure which may be enclosed by walls, windows or screens and which is attached to the dwelling but
not integrated into the dwelling unit by virtue of the extension of the dwelling unit's heating or cooling
system or the removal of the exterior door between the deck or patio and the dwelling unit. In addition,
50% of the walls must be openings and no basement may be constructed under the deck or patio. Typically
an attached covered deck or patio would provide up to three-season accommodation and would not provide
fully livable floor space.
Development: Shall mean the carrying out of any building, engineering, mining or other operations in, on,
or over land, or the making of any material change in the use or intensity of use of any building or land.
Development Permit: Shall mean a document authorizing a development, issued pursuant to this Zoning
Bylaw.
Discretionary Use: Shall mean a use or form of development that may be allowed in a zoning district
following application to, and approval of the Council; and which complies with the development standards,
as required by Council, contained in this Bylaw.
Distilleries, Wineries, and Breweries: means a facility licensed by the Saskatchewan Liquor and Gaming
Authority (SLGA), where beer, wine, spirits or other alcoholic beverages are made on the premises and
then sold or distributed. This use may be approved in conjunction with a Lounge, Liquor Store, Restaurant,
Restaurant & Lounge, or Retail Store when one of these uses is also a listed use in the same district as a
Brewery, Distillery and Winery. This use does not include Micro-Brewery, Micro- Winery and Micro-
Distillery.
Dwelling: Shall mean a building used or intended for residential occupancy, and may include a Modular
Dwelling or a Ready-to-Move Dwelling, but excluding a Manufactured Dwelling or Mobile Home
Dwelling, as herein defined.
Resort Village of Manitou Beach Zoning Bylaw
7
Dwelling Group: Shall mean a group of two or more detached one unit dwellings, two unit dwellings or
multiple unit dwellings or combinations thereof occupying the same site.
Dwelling, Manufactured: Shall mean a dwelling that conforms to the CSA Standard No. Z240 and
amendments thereto, and which was formerly referred to as a mobile home.
Dwelling, Modular: Shall mean a dwelling which is constructed of pre-fabricated parts, unit modules
and/or finished sections built in a factory, conforming to CSA Standard A277, and which are transported
to the site for assembly on a fixed approved foundation which complies with the requirements of the
National Building Code of Canada.
Dwelling, Multiple Unit: Shall mean a building divided into three or more dwelling units as herein defined
and shall include town or row houses and apartment dwellings but not hotels or motels.
Dwelling, Multiple Unit Apartment: Shall mean a building divided into three or more dwelling units as
herein defined, each of which is occupied or intended to be occupied as a permanent home or residence and
is accessed from the outside, a common indoor area, or both, but not including hotels, motels or townhouses.
Dwelling, Multiple Unit Townhouse: Shall mean a multiple-unit dwelling in which each unit has its own
entrance to the outside and each unit is separated from other units by a common wall or ceiling which has
no openings.
Dwelling, Ready-to-Move (RTM): Shall mean a ready-to-move one or two unit dwelling which is built to
completion off-site using conventional lumber and building practices according to the current National
Building Code of Canada, and which is transported to the site as a complete unit for placement on a fixed
approved foundation which complies with the requirements of the National Building Code of Canada.
Dwelling, Secondary Suite: Shall mean a self-contained dwelling unit that is an accessory use to, and
located within, a building in which the principal use is a single detached dwelling.
Dwelling, Semi-Detached: Shall mean a dwelling on its own site, with a common wall dividing the two
dwelling units through at least 30% of the depth of the entire structure, measured from the front to the rear
building lines.
Dwelling, Single Detached: Shall mean a detached building consisting of one dwelling unit as herein
defined, but shall not include a mobile home as herein defined.
Dwelling, Street Townhouse: Shall mean a dwelling, designed as one cohesive building in terms of
architectural design, which contains three or more similar attached dwelling units each of which fronts on
a street, has direct access to the outside at grade and is not wholly above another dwelling.
Dwelling, Two-Unit: Shall mean a building divided into two separate dwelling units on the same site but
not including single detached dwellings which contain a secondary suite as defined herein.
Dwelling Unit: Shall mean a separate set of living quarters, whether occupied or not, usually containing
sleeping facilities, sanitary facilities and a kitchen or kitchen components. For the purposes of this
definition, "kitchen components" include, but are not limited to, cabinets, refrigerators, sinks, stoves, ovens,
microwave ovens or other cooking appliances.
Educational Institution: Shall mean a post-secondary college, university or technical institution, but shall
not include a private school.
8
Resort Village of Manitou Beach Zoning Bylaw
Emergency Services: Shall mean police, fire, ambulance, rescue and medical services.
Fabric Covered Structure, Accessory: Shall mean a pre-manufactured structure consisting of wood
framing, tubular metal, or tubular plastic frame, covered on the roof and sides with fabric, reinforced plastic,
vinyl, or other sheet material, intended for temporary storage purposes.
Family Child Care Home: an accessory use to a dwelling, where the occupants of the dwelling provide
child care services, supervision or pre-school services.
Family Child Care Home, Type I: a family child care home where the total number of children under care
or supervision, including the number of children who are residents in the dwelling, does not exceed 4.
Family Child Care Home, Type II: a family child care home where the total number of children under
care or supervision, including the number of children who are residents in the dwelling, does not exceed 8.
Farmers' Market: Shall mean a permanent structure or group of farm stands, operated on a seasonal or
year-round basis, which allows for agricultural or horticultural producers to retail their products and other
agriculture-related items, including those produced in a community garden, directly to consumers and
enhance income through value-added products, services, and activities.
Farm Stand: Shall mean a seasonal direct-marketing operation without a permanent structure and offering
outdoor shopping for the sale of locally-produced agricultural products including those produced in a
community garden, enhanced agricultural products, and handmade crafts.
Farm Supply Centre: Shall mean a facility that sells and distributes farm inputs including but not limited
to farm commodities, supplies, chemicals, machinery, and equipment.
Fence: Shall mean an artificially constructed barrier erected to enclose or screen areas of land.
Financial Institution: Shall mean a bank, credit union, trust company, or similar establishment.
Flankage: Shall mean the side site line of a corner site which abuts the street.
Floor Area: Shall mean the maximum habitable area contained within the outside walls of a building,
excluding in the case of a dwelling unit any private garage, unfinished attic or unfinished basement.
Frontage: Shall mean the side of a site abutting a street and, in the case of a corner site, the narrower of
the two sides is the frontage. In the event that the lot is square, it would be the side chosen as the front,
provided it is a corner lot.
Fuel Storage Depot, Bulk: Shall mean a facility for the storage and distribution of petroleum and
petrochemical products in bulk quantities, but not including retail sales or processing, and may include key-
card pumps.
Fuel Storage Tank, Above Ground: Shall mean a storage tank, any portion of which is above grade and
which contains gasoline, diesel fuel, or propane for retail sale or dispensing into motor vehicles.
Fuel Storage Tank, Underground: Shall mean a storage tank, which is constructed below grade and which
contains gasoline, diesel fuel, or propane for retail sale or dispensing into motor vehicles.
Fuel Bulk Storage Tank, Bulk: Shall mean a storage tank for the purpose of storing fuels for distribution.
Resort Village of Manitou Beach Zoning Bylaw
9
Garden Suite: Shall mean a small, ground oriented dwelling unit located in the rear yard of a single
detached dwelling and contained within a detached accessory building that has cooking, food preparation,
sleeping and sanitary facilities which are separate from those of the single detached dwelling.
Garage, Private: Shall mean a garage used for storage purposes only, where no business, occupation or
service is conducted for gain, other than an approved home based business, and in which no space is rented
to or by a non-resident of the premises.
Garage, Public: Shall mean any garage available to the public, operated for gain, and which is used for
repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles,
including major repairs.
Garage Suite: Shall mean a dwelling unit which is attached to or made a part of a detached accessory
building located in the rear yard of a single detached dwelling that has cooking, food preparation, sleeping
and sanitary facilities which are separate from those of the single detached dwelling.
Gas Bar: Shall mean a building or facility used for the retail sale of motor vehicle fuels from fixed pumps.
Geothermal Energy: Shall mean a renewable source of energy that taps deep into the heat of the earth's
crust.
Grade Level: Shall mean the average level of the finished surface of the ground adjacent to the exterior
walls of the building or structure. In the case of one-unit dwellings, two-unit dwellings and semi-detached
dwellings with a walk-out basement, grade level shall be the average elevation of the finished surface of
the ground adjacent to the side walls of the building.
Gross Floor Area: Shall mean the sum of the gross horizontal area of the building measured at each floor
level. All dimensions shall be measured between exterior faces of exterior walls.
Gross Floor Space Ratio: Shall mean the ratio of the gross floor area of the principal building, exclusive
of any parking area, divided by the site area.
Habitable: Shall mean any room in a dwelling, such as a bedroom, bathroom, kitchen or living room, other
than a non-habitable room.
Habitable, Non: Shall mean a space in a dwelling providing a service function and not intended primarily
for human occupancy, including entry ways, corridors or storage areas.
Hard Surfaced: Shall mean the provision of a durable, dust-free material constructed of concrete, asphalt
or similar pavement.
Hazard Land: Shall mean land which is subject to flooding, ponding, subsidence, landslides, erosion or
contamination.
10
Resort Village of Manitou Beach Zoning Bylaw
Hazardous Material: Shall mean any product, substance or organism which, because of its quantity,
concentration or risk of spill, or its physical, chemical or infectious characteristics, either individually or in
combination with other substances, is an existing or potential threat to the physical environment, to human
health or to living organisms, including but not limited to:
(a)
Corrosives;
(b)
Explosives;
(c)
Flammable and combustible liquids;
(d)
Flammable solids; substances liable to spontaneous combustion; substances that on contact with
water emit flammable gases;
(e)
Gases, compressed, deeply refrigerated, liquefied or dissolved under pressure;
(f)
Oxidizing substances; organic peroxides;
(g)
Poisonous (toxic) or infectious substances;
(h)
Radioactive materials;
(i)
Waste Dangerous Materials; and/or,
(j)
Any other environmentally hazardous substance.
Health Care Clinic: Shall mean a facility or institution engaged in the provision of services for health
maintenance, diagnosis or treatment of human pain, injury or other physical condition on an out-patient
basis.
Highway Corridor Sign: Shall mean an off-site advertising sign which is located in the Highway Sign
Corridor as designated in the Official Community Plan.
Home Based Business: Shall mean an accessory use of a dwelling unit by a resident of the dwelling for a
business which is secondary and incidental to the primary use of the dwelling as a residence, and does not
change the residential character of the buildings or site.
Home Based Business - Type I: Shall mean a home based business owned and operated by a resident or
residents of the dwelling unit.
Home Based Business - Type II: Shall mean a home based business owned and operated by a resident or
residents of the dwelling unit, but where no more than one non-resident person may be employed on the
site.
Hotel: Shall mean a building or part of a building used as a place for sleeping accommodation with or
without meals, and which may have a licensed beverage room, but does not include a motel.
Indoor/Outdoor Storage Rental Facility: Shall mean a building or buildings containing separate secured
storage units designed to be rented or leased for private storage of personal goods, materials and equipment,
household goods, furniture, general merchandise and vehicles, excluding:
(a)
highly flammable materials, chemicals, odorous, explosive or other inherently dangerous or
noxious goods; and
(b)
hazardous materials as defined in this Bylaw.
Industrial Complex: Shall mean a building or a group of buildings located on the same site that are
managed as a single unit, all for their mutual benefit, including the use of off-street parking and other joint
facilities; and more than two approved permitted or discretionary uses are located on that site.
Resort Village of Manitou Beach Zoning Bylaw
11
Industrial, General Use: Shall mean any of the following uses:
(a)
the processing of raw or finished materials;
(b)
the manufacturing or assembly of goods, products or equipment;
(c)
the cleaning, servicing, repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses or cleaning, servicing and repair operations
of goods and equipment associated with personal or household use, where such operations have
impacts that would make them incompatible with non-industrial development;
(d)
the storage or transshipment of materials, goods and equipment, including warehouses.
(e)
The training of personnel in general industrial operations;
(f)
Indoor display, office, technical or administrative support areas or any sales operation
accessory to the general industrial use.
Intensive Agricultural Use: Shall mean a principal use that produces a crop that is grown in buildings or
under structures, using hydroponic techniques, or by use of intensive irrigation and fertilizer application,
but not including a livestock facility.
Intersection: Shall mean an area where two or more streets or lanes meet or cross at grade.
Junk and Salvage Yards: Shall mean uses including, but not limited to, uses involved in salvaging, storing
or selling scrap metal, paper, plastic, glass, wood and other waste material, as well as unlicensed vehicles
and used vehicle parts.
Kennel, Boarding: Shall mean the temporary accommodation of dogs, cats or other domestic animals for
commercial purposes.
Landscaping: Shall mean the changing, rearranging, or adding to the original vegetation of a site, including
site grading, addition of topsoil, grass, trees, plants, sidewalks and other natural or decorative features.
Landscaping, Hard: Shall mean landscape features consisting of non-vegetative materials such as brick,
stone, concrete, tile and wood, excluding gravel, loose rock, outdoor carpeting, or monolithic concrete and
asphalt.
Landscaping, Soft: Shall mean landscape features consisting of vegetation such as trees, shrubs, hedges,
and grass.
Lane: Shall mean a public highway vested in the Crown as a secondary level of access to a lot or parcel of
land.
Light Manufacturing: Shall mean a light industrial use where all processing, fabricating, assembly, or
disassembly of items takes place wholly within an enclosed building, including, but not limited to apparel,
food, drapes, clothing accessories, bedspreads, decorations, artificial plants, jewelry, instruments,
computers, and electronic devices.
Loading Space: Shall mean a space, measuring at least 3.0 metres in width and 7.5 metres in depth, located
on a site, and having access to a street or lane, in which a vehicle may park to load or unload goods.
Lot: Shall mean an area of land with fixed boundaries and which is of record with the Information Services
Corporation by Certificate of Title.
12
Resort Village of Manitou Beach Zoning Bylaw
Lounge: Shall mean a room or area adjoining a restaurant that permits the sale of beer, wine or spirits for
consumption on the premises, with or without food, and where no entertainment or dance floor is permitted,
either in the lounge or in the restaurant attached to the lounge. The area of a lounge may not exceed 50%
of the public assembly area in the adjoining restaurant.
Mall: a single story commercial building in which either permitted or discretionary uses are located together
for their mutual benefit, each having their own entrance to the outside, otherwise known as a strip mall
Manufactured Home Court: Shall mean any parcel of land on which two or more occupied manufactured
homes are permitted, but does not include an industrial or construction camp or any such court if a tent or
trailer coach that is not a manufactured / mobile home is herein defined.
Mature Tree: Shall mean a canopy tree with a diameter of 8 inches or greater at breast height.
Mayor: Shall mean the Mayor of the Resort Village of Manitou Beach.
Medical, Dental and Optical Laboratories: Shall mean a place fitted with medical and scientific
equipment and used for the conduct of medical, dental or optical investigations, experiments, and tests; or
for the manufacture of medicines or medical aid devices, but does not include the manufacture of industrial
chemicals.
Minister: Shall mean the member of the Executive Council who, for the time being, is assigned the
administration of The Planning and Development Act, 2007.
Motel: Shall mean an establishment consisting of a group of attached or detached living or sleeping
accommodations each with a bathroom, located on a lot or site and designed for use by the public, and may
include a restaurant or licensed dining room and living accommodations for the owner or operator.
Municipal Facility: Shall mean land and/or structures owned by the Municipality including, but not limited
to, land and/or structures used for the following:
(a)
Office and/or meeting space;
(b)
Storage of municipal equipment and/or supplies; and/or
(c)
Other institutional purposes.
Municipality: Shall mean the Resort Village of Manitou Beach.
Night Club: Shall mean a building or portion thereof, where beer, wine or spirits are served to patrons for
consumption on the premises, with or without food, and where a designated area for entertainment or
dancing, but not including adult entertainment, during certain hours of operation may also be provided.
Nonconforming Building: Shall mean a building:
(a)
that is lawfully constructed or lawfully under construction, or in respect to which all required
permits have been issued, on the date that this Bylaw or any amendment to the Bylaw affecting the
building or land on which the building is situated or will be situated, becomes effective; and,
(b)
that on the date this Bylaw or any amendment hereto becomes effective does not or when
constructed will not comply with this Bylaw.
Resort Village of Manitou Beach Zoning Bylaw
13
Nonconforming Site: Shall mean a site, consisting of one or more contiguous parcels, to which all required
permits have been issued on the date that this Bylaw or any amendment to the Bylaw becomes effective,
contains a use that conforms to the Bylaw, but the site area or site dimensions do not conform to the
standards of the Bylaw for that use.
Nonconforming Use: Shall mean a lawful specific use:
(a)
being made of land or a building or intended to be made of a land or of a building lawfully under
construction, or in respect to which all required permits have been issued, on the date this Bylaw
or any amendment hereto becomes effective; and,
(b)
that on the date this Bylaw or any amendment hereto becomes effective does not, or in the case of
a building under construction or in respect of which all required permits have been issued, will not
comply with this Bylaw.
Office and Office Building: Shall mean a building or part of a building used primarily for conducting the
affairs of a business, profession, service, industry, or government in which no goods or commodities of
business or trade are stored, transhipped, sold or processed.
Official Community Plan: Shall mean the Resort Village of Manitou Beach Official Community Plan.
Park: Shall mean a development of land specifically designed or reserved for active or passive recreational
use and including landscaping, facilities, playing fields, buildings, and other structures that are consistent
with the general purposes of parkland, whether or not such recreational facilities are publicly operated
or operated by other organizations pursuant to arrangements with the authority owning the park. Typical
uses include tot lots, band shells, picnic grounds, pedestrian/bicycle paths and pathways, landscaped
buffers, arboretums, botanical gardens, playgrounds, toboggan slides, skateboard parks, swimming pools,
community gardens, wading pools, and water features.
Park, Public: Shall mean a park development on public land.
Parking Lot: Shall mean an open area of land, other than a street, used for the temporary parking of
vehicles and available for public use whether free, for charge, or for accommodation of clients or customers.
Parking, Off-street: Shall mean accommodation for the parking of vehicles off a public street or lane.
Parking Space, Vehicle: Shall mean a space within a building or parking lot for the parking of one vehicle
and which has access to a developed street or lane, having minimum dimensions of 2.7 metres wide by 6.7
metres deep with direct lane access; 3.0 metres wide by 6.7 metres deep for a parallel space; and 2.7 metres
wide by 6.0 metres deep for all other.
Patio: Shall mean an open horizontal, artificially surfaced area adjacent to the principal building, usually
at grade level, intended for use as an outdoor private amenity space.
Pedestrian Oriented Design: shall mean the design concept that aims to create a walkable and attractive
environment for people on foot, bike, or other modes of active transportation. It involves designing
buildings, streets, and public spaces that are accessible, safe, comfortable, and interesting for pedestrians.
Pedestrian oriented design can be supported by zoning bylaws that regulate aspects such as building
materials, setbacks, heights, facades, entrances, landscaping, signage, and parking.
14
Resort Village of Manitou Beach Zoning Bylaw
Permitted Use: Shall mean any use or form of development, other than a discretionary use or a non-
conforming use, specifically allowed in a zoning district subject to the regulations applicable to that zoning
district.
Personal Care Home: Shall mean a facility licensed under the Personal Care Homes Act that provides
long term residential, social and personal care, including accommodation, meals, supervision or assistance
for persons who have some limits on ability for self-care, and are unrelated to the operator or owner.
Personal Service Shop: Shall mean a business associated with the grooming of persons or the maintenance
or repair of personal wardrobe articles and accessories and may include:
(a)
beauty salons and barber shops;
(b)
shoe repair;
(c)
dry-cleaning pick-up depots;
(d)
self-serve laundry;
(e)
tailor or seamstress;
(f)
massage services;
(g)
photography studios;
(h)
tanning beds; and
(i)
tattoo parlours,
but does not include the provision of health related services.
Pet Grooming Establishment: Shall mean a business associated with the grooming of small domestic
animals not prohibited by the Animal Control Bylaw with the confinement of animals restricted to indoors;
but not including kennels for overnight boarding.
Photography Studio: Shall mean a place used for portrait or commercial photography, including the
developing and processing of film, and the repair `or maintenance of photographic equipment.
Place of Worship: Shall mean a place used for worship and related religious, philanthropic or social
activities and includes accessory rectories, manses, meeting rooms and other buildings. Typical uses
include churches, chapels, mosques, temples, synagogues and parish halls.
Pole Shed: Shall mean a temporary structure characterized by the lack of a formal foundation which makes
use of poles dug into the ground, set in place using a stabilizing agent such as cement or concrete, to support
the structures roof and walls. Typical uses for this type of structure include, but are not limited to, equipment
storage, garages or workshops.
Preschool: Shall mean a facility which provides a program for preschool aged children.
Public Hospital: Shall mean a hospital operated by the Regional Health Authority.
Public Utility: Shall mean a government, municipality or corporation under Federal or Provincial statute
which operates a public work.
Resort Village of Manitou Beach Zoning Bylaw
15
Public Work: Shall include:
(a)
systems for the production, distribution or transmission of electricity;
(b)
systems for the distribution, storage or transmission of natural gas or oil;
(c)
facilities for the storage, transmission, treatment, distribution or supply of water; and/or,
(d)
facilities for the collection, treatment, movement or disposal of sanitary sewage.
(e)
telephone, internet, cable television or light distribution or transmission lines; and,
(f)
facilities for the collection, storage, movement and disposal of storm drainage.
Recreational Facility, Commercial: Shall mean a recreation or amusement facility operated as a business
and open to the general public, but not including adult entertainment.
Recreational Facility, Public: Shall mean a recreation or amusement facility operated by the province,
municipality, or a non-profit organization and open to the general public, but not including adult
entertainment.
Recreational Vehicle: Shall mean a unit intended to provide temporary living accommodation for campers
or travellers; built as part of, or to be towed by, a motor vehicle; and includes truck campers, motor homes,
tent trailers and travel trailers.
Recreational Vehicle, Park Model: a recreational vehicle that conforms to Canadian Standards
Association, Construction Standard No. Z241 Series, Park Model Trailers.
Recycling Collection Depot: Shall mean a building or structure used for collection and temporary storage
of recyclable household material such as bottles, cans, plastic containers and paper. The following shall not
be permitted at a recycling collection depot:
(a)
processing of recyclable material other than compaction;
(b)
collection and storage of oil, solvents or other hazardous material;
(c)
outdoor compaction.
Residential Care Facility: Shall mean a licensed or approved group care home governed by Provincial
regulations that provides, in a residential setting, 24 hour care of persons in need of personal services,
supervision or assistance essential for sustaining the activities of daily living or for the protection of the
individual.
Residential Care Facility - Type I: Shall mean a residential care home in which the number of residents,
excluding staff, does not exceed four.
Residential Care Facility - Type II: Shall mean a residential care home in which the number of residents,
excluding staff, is more than four.
Restaurant: Shall mean a place where food and beverages are prepared and served to patrons seated at
tables or counters, in a motor vehicle on the premises, or for off-site consumption, and may include a drive-
through service window.
Retail Store: Shall mean a place where goods, wares, or merchandise are offered for sale or rent, and may
include the manufacturing of products to be sold on site, provided the gross floor area used for
manufacturing does not exceed 25% of the gross floor area of the retail store.
16
Resort Village of Manitou Beach Zoning Bylaw
Sandblasting: Shall mean the cleaning, smoothing, roughening or removing of part of the surface of any
article by the use of an abrasive, jet of sand, metal shot, grit or other material propelled by compressed air,
steam or by a wheel.
School, Private: Shall mean a facility which meets Provincial requirements for elementary, secondary, or
higher education, and which does not secure the majority of its funding from taxation or any governmental
agency, and may include vocational and commercial schools, music or dance schools and other similar
schools.
School, Public: Shall mean a facility which meets Provincial requirements for elementary or secondary
education, and which secures the majority of its funding from taxation.
Screening: Shall mean a fence, wall, berm or planted vegetation located so as to visually shield or obscure
one abutting area of use from another.
Secondary Suite: Shall mean a self-contained dwelling unit which is an accessory use to, and contained
within, a detached building in which the principal use is a single detached dwelling.
Service Station: Shall mean a place where petroleum products are kept for retail sales for automobiles and
other motor vehicles and where repairs, rental, servicing, greasing, adjusting or equipping of automobiles
or other motor vehicles may be performed, but not including painting, body work and major repairs.
Shipping Container: Shall mean a prefabricated metal container or box specifically constructed for the
transport of goods by rail, ship or transport truck and used for storage.
Shopping Centre: Shall mean a building, or group of buildings located on the same site that are managed
as a single unit, all for their mutual benefit, including the use of off-street parking and other joint facilities;
and where more than two approved permitted or discretionary uses are located on that site.
Sight Triangle: Shall mean the triangular area formed within a site by the intersecting front and side site
lines at a street intersection, an intersection of a street and a flanking lane, or an intersection of a street and
a driveway, and the straight line joining said site lines at points which are a measured distance along both
site lines (refer to Figure 2-2 below). In the case of a street intersection, at a corner site, the measured
distance shall be 4.5 m. In the case of a lane or driveway intersecting a street, the measured distance shall
be 4.5 m.
Figure 2-2: Sight Triangles
Resort Village of Manitou Beach Zoning Bylaw
17
Sign: Shall mean any device, letters, figures, symbols, emblems, or pictures which are affixed to, or
represented directly or indirectly upon a building or structure, which identify or advertise any object,
product, place, activity, person, organization or business; and which is visible on or from a street or public
thoroughfare.
Sign, Awning: Shall mean a sign made from canvas, plastic or similar non-rigid material affixed to a frame
and attached to a building wall (refer to Figure 2-3).
Figure 2-3: Illustration of Awning Sign
Sign, Canopy: Shall mean a sign consisting of a rigid, multi-sided structure supported by columns or posts
embedded in the ground (refer to Figure 2-4).
Figure 2-4: Illustration of Canopy Sign
Sign, Directional / Information: Shall mean a sign giving directions, instructions or facility information
but not including any advertising copy.
18
Resort Village of Manitou Beach Zoning Bylaw
Sign, Electronic Message Centre: Shall mean a variable message sign that utilizes computer-generated
messages involving letters, words, graphics, animation, video or dynamic text. These signs include digital
displays, using incandescent lamps, LED's, LCD's, plasma or related technology, whereby the message
can be altered by electric or electronic means.
Sign, Face Area: Shall mean the area of the single face of any sign and is calculated using the illustration
in Figure 2-5.
Figure 2-5: Calculation of Sign Face Area
Sign, Fascia: Shall mean a sign fastened to or painted on the wall of a building or structure in such a manner
that the wall becomes the supporting structure for, or forms the background surface of the sign, and which
does not project more than 0.25 metres from such building or structure.
Sign, Free-Standing: Shall mean a non-movable sign, not affixed to a building, and which is supported by
a pole or similar structure.
Sign, Free-Standing Height: Shall mean the vertical distance of a freestanding sign measured from grade
level to the highest point of the sign.
Sign, Marquee: Shall mean a sign that is mounted or painted on, or attached to an awning, canopy, or
marquee.
Sign, Off Premise: Shall mean any sign displaying copy that directs attention to a business, activity,
product, service, or entertainment that cannot be considered as the principal products sold nor a principal
business, activity, service or entertainment provided on the premises or site where the sign is displayed.
Resort Village of Manitou Beach Zoning Bylaw
19
Sign, Portable: Shall mean a portable, free-standing sign, mounted on a wide based frame, with a single
sign face area no greater than 4.5 m2 or a total gross area no greater than 9.0 m2, which can be readily moved
or transported to various locations (refer to Figure 2-6).
Figure 2-6: Illustration of Portable Signs
Sign, Projecting: Shall mean a sign which is wholly or partially dependent upon a building for support and
which projects more than 0.25 metres beyond the wall of the building (refer to Figure 2-7).
Figure 2-7: Illustration of Projecting Sign
Sign, Roof: Shall mean a sign that is mounted on the roof of a building, or which is wholly dependent upon
a building for support and which projects above the point of a building with a flat roof, the eave line of a
building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.
Sign, Temporary: Shall mean an election sign or temporary sign bearing notice of sale or lease or other
information relating to a temporary condition affecting the property.
Sign, Total Face Area: Shall mean the total amount of sign face area on a sign including all sides.
Site: Shall mean an area of land:
(i)
under one ownership considered as a unit;
(ii)
having its principal frontage on a public street; and
(iii)
not divided by a public street.
20
Resort Village of Manitou Beach Zoning Bylaw
Site, Corner: Shall mean a site at the intersection of two or more streets (refer to Figure 2-8).
Figure 2-8: Illustration of Site Definition
Site, Interior: Shall mean a site other than a corner site (refer to Figure 2-8).
Site Coverage: Shall mean that portion of the site that is covered by principal and accessory buildings,
including covered patios and covered decks.
Site Line, Front: Shall mean the line that divides the site from the street right-of-way. In the case of a
corner site, the front site line shall mean the line separating the narrowest street frontage of the site from
the street right-of-way.
Site Line, Rear: Shall mean the line (or point) at the rear of the site adjacent to a rear lane and opposite the
front site line or in the case of no rear lane, the line or point at the rear of the site and opposite the front site
line (refer to Figure 2-9).
Resort Village of Manitou Beach Zoning Bylaw
21
Figure 2-9: Illustration of Rear Site Lines
Site Line, Side: Shall mean a site line other than a front or rear site line.
Site, Through: Shall mean a site not more than one lot in depth, having a frontage on two or more streets
(refer to Figure 2-8).
Site Width: Shall mean the horizontal distance between the side boundaries of the site measured at a
distance equal to the required minimum front yard from the front site line for the district in which the site
is located (refer to Figure 2-10).
Figure 2-10: Illustrations of Site Width
Solar Collector: Shall mean photovoltaic solar panels or modules that uses the sun's energy to heat water
or produce electricity. That water or electricity can be used immediately, stored for later use or in the case
of electricity fed back to the grid for use by others.
Special Care Home: Shall mean a nursing home, supervisory care home, sheltered care home or other
facility used for the purpose of providing supervisory care, personal care, and nursing care.
22
Resort Village of Manitou Beach Zoning Bylaw
Stock Yard: Shall mean a facility in which transient livestock are kept temporarily for slaughter.
Storage Yard: Shall mean a facility used to store goods, commodities, supplies and equipment.
Storey: Shall mean that portion of any building which is situated between the top of any floor and the top
of the floor next above it; and if there is no floor above it, that portion between the top of such floor and the
ceiling above it. A basement or cellar shall not be counted as a storey if it is designed or used for ancillary
activities such as long term storage, mechanical rooms, stairways, janitorial rooms, or parking garage; and
at least one half of the height of the basement or cellar, from finished floor to finished ceiling, is located
below grade level.
Street: Shall mean a public space, commonly used as a thoroughfare, which affords the principal means of
access to abutting properties and defined as a street by ISC
Streetscape: Shall mean the physical elements of the street, as seen from a human perspective, that help
define the character, perception, scale, and overall "feel" of the street or neighbourhood, including:
(a)
trees and other vegetation;
(b)
sidewalks, medians, and boulevards, including textural elements;
(c)
street furniture and decoration;
(d)
frontages, façades, massing, scale, and architectural aesthetic of buildings;
(e)
pedestrians and bicyclists;
(f)
moving and parked vehicles;
(g)
roadways and lanes;
(h)
signage; and
(i)
utility elements.
Structural Alteration: Shall mean the construction or reconstruction of supporting elements of a building
or other structure.
Structure: Shall mean anything erected or constructed, the use of which requires temporary or permanent
location on, or support of, the soil, or attached to something having permanent location on the ground or
soil; but not including pavements, curbs, walks or open air surfaced areas.
Swimming Pool, Private: Shall mean an artificially created basin lined with concrete, fibreglass, vinyl,
metal or similar material, intended to contain water for the use of persons for swimming, diving, wading,
or other similar activity, which is at least 600mm in depth, and includes pools situated on top of grade and
hot tubs and whirlpools.
Tavern: Shall mean a building or portion thereof where beer, wine, or spirits are served to patrons for
consumption on the premises, with or without food, and where no entertainment or dance floor is permitted.
Temporary Development: Shall mean a building or use that may operate for a period of time determined
by the Resort Village and which complies with all relevant development standards. A Development permit
may be issued for a maximum of 12 months, after which time the development permit may be extended or
re-issued at the discretion of the Resort Village.
Theatre: Shall mean a place devoted to showing motion pictures or dramatic, dance, musical or other live
performances.
Resort Village of Manitou Beach Zoning Bylaw
23
Tourist Campground: Shall mean a tract or parcel of land which provides for the location of tents or
recreation vehicles used by travellers and tourists for overnight accommodation.
Resort Village: Shall mean the Resort Village of Manitou Beach.
Trailer: Shall mean a vehicle, other than a semi-trailer, farm machinery, or a recreational vehicle, that is
drawn on a highway by a motor vehicle and that is designated for the conveyance of goods. Examples of a
trailer include but are not limited to small utility trailers (open or enclosed), and trailers to carry boats,
snowmobiles, all-terrain vehicles, jet-skis, or motorcycles.
Use: Shall mean the purpose or activity for which a piece of land, or its building is designed, arranged,
occupied or maintained.
Use, General Industrial: shall mean any of the following activities:
(a)
the processing of raw or finished materials;
(b)
the manufacturing or assembly of goods;
(c)
the cleaning, servicing, repairing or testing of materials, goods and equipment normally associated
with industrial or commercial businesses or cleaning, servicing and repair operations to goods and
equipment associated with personal or household use, where such operations have impacts that
would make them incompatible with non-industrial development;
(d)
the storage or trans-shipping of materials, goods and equipment, including warehouses;
(e)
the training of personnel in general industrial operations; and/or,
(f)
indoor display, office, technical or administrative support areas or any sales operation accessory to
the general industrial use.
Use, Principal: the main purpose for which a building, structure or site is used.
Use, Prohibited: any use or form of development that is not allowed because it is not listed as a Permitted
or Discretionary Use within a given zoning district, or because it is specifically prohibited elsewhere in this
Bylaw.
Vehicle: Shall mean a device in or by which a person or thing may be transported or drawn on a street and
includes motor vehicles, trailer coaches, semi-trailers, fire engines, fire department apparatus, and all
vehicles propelled by muscular power; but does not include railway cars and other motor vehicles running
only upon rails or tracks or solely upon railway company property.
Veterinary Clinic: Shall mean a place for the care and treatment of small animals involving outpatient care
and medical procedures involving hospitalization, but shall not include the keeping of animals in outdoor
pens.
Wall Height: Shall mean the vertical distance of a building measured at the outermost building face, from
grade level to the top of the wall, not including the roof.
Warehouse: Shall mean a building used primarily for the storage of goods and materials.
Wholesale Establishment: Shall mean the sale of commodities to retailers or jobbers and shall include the
sale of commodities for the purpose of carrying on any trade or business.
Yard: Shall mean an unoccupied space open to the sky on the same site with a building or structure.
24
Resort Village of Manitou Beach Zoning Bylaw
Yard, Front: Shall mean the area between the side site lines and the front site line to the front building
line.
Yard, Rear: Shall mean the area between the side site lines, and the rear site line to the rear building line.
Yard, Required: Shall mean a yard or yards required by this Bylaw and within which, unless specifically
permitted, no building or structure, or part of a building or structure shall be erected.
Yard, Side: Shall mean the area between the front and rear yards and between the side site line and the side
building line.
Zoning District: Shall mean a specifically delineated area of the municipality within which certain uniform
requirements and regulations or various combinations thereof govern the use, placement, spacing and size
of land and structures.
Resort Village of Manitou Beach Zoning Bylaw
25
3 ADMINISTRATION
3.1 DEVELOPMENT OFFICER
3.1.1
The Development Officer shall administer this Bylaw.
3.1.2
The Development Officer shall be the Chief Administrative Officer for the Resort Village of
Manitou Beach and any other person authorized, in writing, by Council to act as a Development
Officer for the purposes of this Bylaw and The Act.
3.2 DEVELOPMENT PERMITS
3.2.1
Except as provided in Section 3.2.2 no person shall undertake a development or commence a use
unless a development permit has first been obtained. A Development Permit cannot be issued in
contravention of any of the provisions of this Bylaw subject to Sections 213 to 232 of The Act.
3.2.2
A development permit is not required, but all other applicable provisions of this Bylaw are to be
followed, for the following:
(1)
Public Works
Any operation for the purposes of inspecting, repairing, or renewing sewers, mains, cables,
pipes, wires, tracks or similar public works as required by a public utility, and the
installation of service connections to property in the municipality.
Note: a permit is required for the installation of all new transmission lines and mains
associated with facilities and systems for public works as defined herein.
(2)
Municipal Facilities
Any facility, including buildings and structures, installed and operated by the Rural
Municipality.
(3)
Maintenance
Maintenance and repairs that do not include any structural alterations.
(4)
Small Accessory Buildings
Single storey accessory buildings with a building floor area less than 9.3 m2
(5)
Fences
Subject to the provisions of Section 4.9 of this bylaw.
(6)
Excavation, Stripping or Site Grading
excavation, stripping or site grading that is part of a Development Agreement which has
been approved, signed and registered; and,
(7)
Signs
Subject to the provisions of Section 4.21 of this bylaw.
3.2.3
The Development Officer may require the submission of documentation relating to the
requirements of Section 4.6 Development on Hazard Lands, where relevant.
26
Resort Village of Manitou Beach Zoning Bylaw
3.3 DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
3.3.1
Except in the case of applications for a sign permit or a home-based business, every application for
a development permit shall be accompanied by the following:
(1)
the names, addresses and telephone numbers of the applicant, property owner and person
or consultant who prepared the plans being submitted, including a local contact person.
(2)
the proposed use of the site or building to be constructed, or the proposed use of the existing
building floor area to be altered or occupied, including the area of the proposed building or
renovations.
(3)
the complete legal description and civic address of the subject property.
(4)
one copy of a site plan, drawn to scale with appropriate dimensions, showing the following
information:
(a)
north arrow, streets and lanes adjacent to the site, key plan showing nearby lot
patterns, all property boundaries, identified frontage of site, site area, site geodetic
elevations and the location of any existing buildings, structures, utility poles and
wires, fire hydrants, underground utilities, easements, building encroachments,
and the type and location of existing trees;
(b)
the location and size of proposed buildings or structures, including all front, side
and rear yard setback dimensions and the location of all doorways, walkways and
pedestrian circulation areas;
(c)
the location and size of all proposed parking spaces, aisles and vehicle circulation
areas, loading spaces, and entrances and exits to the site;
(d)
the location of commercial signage.
(5)
one copy of scaled plans, showing the dimensioned floor plans and elevations, including
both interior and exterior wall and floor dimensions and room areas and dimensions.
(6)
one copy of the landscaping plan clearly indicating the following:
(a)
the location and description of other landscape improvements, such as, but limited
to: earth berms, drainage swales, catch basins, walls, fences, screens, sculptures,
fountains, site furnishings, screened refuse containment areas, and bicycle racks;
(b)
location, type and quantity of existing plant materials;
(c)
the location, type, quantity and spacing of new plant material showing a list of
plant material to be planted identifying caliper size and height at planting and a
table indicating the minimum site landscaping requirements of the site and the
actual landscaping provided. The planting and installation details as necessary to
ensure conformance with all requirements;
Resort Village of Manitou Beach Zoning Bylaw
27
(d)
footprint of existing and proposed structures along with signage, driveways,
overall parking areas, sidewalks, curbs, and refuse collection areas. The surface
materials proposed for the property shall be indicated;
(e)
location, type and quantity of existing plant materials including caliper size and
height at planting;
(f)
snow removal storage and drainage plans.
3.3.2
The Development Officer may require the submission of documentation relating to the
requirements of Section 4.16 Development on Hazard Lands, where relevant.
3.4 DEVELOPMENT PERMIT APPLICATION PROCESS
3.4.1
Applications for a development permit shall be submitted to the Development Officer in accordance
with the requirements of this Bylaw.
3.4.2
The Development Officer shall issue a development permit for a development that complies in all
respects with the requirements of this Bylaw, the Official Community Plan and The Act.
3.4.3
Where an application is made for a development permit with respect to a development for a
discretionary use which has been approved by Council, the Development Officer shall issue a
development permit subject to any specified development standards and time limits prescribed by
Council pursuant to Section 56(1)(c) and (d) of The Act.
3.4.4
Every decision of the Development Officer with respect to an application for a development permit
shall be in writing and a copy of the decision shall be sent to the applicant.
3.4.5
The Development Officer may revoke a development permit where:
(1)
the development permit has been issued in error;
(2)
an approved development for a permitted use is not being developed in accordance with
the provisions of this Bylaw, or in accordance with the standards and conditions specified
in the development permit;
(3)
the approval of a proposed development for a discretionary use is deemed to be invalid; or,
(4)
a development is subject to an agreement which has been cancelled by Council pursuant to
Sections 65 or 69 of The Act.
3.4.6
The Development Officer shall give the reasons for denying or revoking a development permit.
3.5 DEVELOPMENT APPEALS BOARD
3.5.1
A Development Appeals Board of the Resort Village of Manitou Beach shall be appointed in
accordance with Sections 213 to 227 of The Act.
28
Resort Village of Manitou Beach Zoning Bylaw
3.6 RIGHT OF APPEAL
3.6.1
Where an application for a PERMITTED USE has been REFUSED, the applicant shall be advised
of the right of appeal to the Development Appeals Board of the Resort Village of Manitou Beach.
3.6.2
Where an application for a DISCRETIONARY USE has been APPROVED by Council, WITH
PRESCRIBED SPECIAL DEVELOPMENT STANDARDS pursuant to this Bylaw, the
applicant shall be advised that any development standards considered excessive, may be appealed
to the Development Appeals Board of the Resort Village of Manitou Beach.
3.6.3
Where an application for a DISCRETIONARY USE has been REFUSED by Council, the
applicant shall be advised that there is no appeal pursuant to Section 219(2) of The Act.
3.6.4
An application for a Development Permit for a PERMITTED USE shall be deemed to be refused
when a decision thereon is not made within 40 days after the receipt of the application in its
complete and final form by the Development Officer, and an appeal may be made as provided in
Section 3.5.1 as though the application had been refused at the end of the period specified in this
subsection.
3.6.5
Where a person wishes to appeal to the Board, he/she shall file written notice of his/her intention
to appeal with the secretary of the Board, together with an application fee of $100.00.
3.7 MINOR VARIANCES
3.7.1
The Development Officer may vary the requirements of this Bylaw subject to the following
conditions:
(1)
a minor variance may be granted for variation only of:
(a) the minimum required distance of a building from the site line; and
(b) the minimum required distance of a building to any other building on the site
(2)
the maximum amount of minor variance shall not exceed a 10% variation of the
requirements of this Bylaw;
(3)
the development shall conform to this Bylaw with respect to the use of land;
(4)
the relaxation of this Bylaw shall not injuriously affect neighboring properties;
(5)
no minor variance shall be granted for a discretionary use, a discretionary form of
development or in connection with an agreement on rezoning entered into pursuant to
Section 69 of The Planning and Development Act, 2007; and
(6)
minor variances shall only be granted for applications respecting single detached
dwellings, two-unit dwellings, semi-detached dwellings, manufactured / mobile homes
and accessory buildings to such developments.
3.7.2
An application for a minor variance shall be in a form prescribed by the Development Officer and
Resort Village of Manitou Beach Zoning Bylaw
29
shall be accompanied by an application fee of $100.
3.7.3
On receipt of an application for minor variance, the Development Officer may:
(1)
approve the minor variance;
(2)
approve the minor variance and impose terms and conditions on the approval; or
(3)
refuse the minor variance.
3.7.4
Where the Development Officer imposes terms and conditions on an approval pursuant to
subsection 3.6.3, the terms and conditions shall be consistent with the general development
standards in this Bylaw.
3.7.5
Where an application for a minor variance is refused, the Development Officer shall notify the
applicant in writing of the refusal and provide reasons for the refusal.
3.7.6
Where an application for a minor variance is approved, with or without terms and conditions being
imposed, the Development Officer shall provide written notice to the applicant and to the assessed
owners of property having a common boundary with the applicant's land that is the subject of the
application.
3.7.7
The written notice required pursuant to subsection 3.6.6 shall:
(1)
contain a summary of the application for minor variance;
(2)
provide a reason for and an effective date of the decision;
(3)
indicate that an adjoining assessed owner may within 20 days, lodge a written objection
with the Development Officer; and
(4)
where there is an objection described in clause (c), advise that the applicant will be notified
of the right of appeal to the Development Appeals Board.
3.7.8
The written notice required pursuant to Subsection 3.6.6 shall be delivered:
(1)
by registered mail; or
(2)
by personal service.
3.7.9
Except as provided in subsection 3.6.10, a minor variance, with or without terms and conditions,
does not take effect:
(1)
in the case of a notice sent by registered mail, until 23 days from the date the notice was
mailed;
(2)
in the case of a notice that is delivered by personal service, until 20 days from the date the
notice was served.
30
Resort Village of Manitou Beach Zoning Bylaw
3.7.10 Where the assessed property owners who have received notice pursuant to subsection 3.6.6 provide
written notice to the Development Officer that they do not object to the minor variance, the decision
approving the minor variance takes effect on the day it is made.
3.7.11 If an assessed owner of property having a common boundary with the applicant's land that is the
subject of the application objects, in writing, to the Development Officer respecting the approval
of the minor variance within the time periods prescribed in subsection 3.6.9, the approval is deemed
to be revoked and the Development Officer shall notify the applicant in writing:
(1)
of the revocation of the approval; and
(2)
of the applicant's right to appeal the revocation to the Development Appeals Board within
30 days of receiving the notice.
3.7.12 If an application for a minor variance is refused or approved with terms and conditions, the
applicant may appeal to the Development Appeals Board within 30 days of the date of that decision.
3.8 NONCONFORMING USES, BUILDINGS AND SITES
3.8.1
Where a lot is reduced in size as a result of acquisition for a public use by the Resort Village,
Provincial or Federal Government, School Division, or Public Utility, the site and buildings shall
be deemed to conform with the provisions of this Bylaw and the site shall be considered to exist as
it did prior to the acquisition.
3.8.2
No existing building, site or use shall be deemed to be nonconforming by reason only of the
conversion between the Imperial System of Measurement and the International System of Units
(S.I.) where such nonconformity results solely from such conversion and is reasonably equivalent
to the S.I. standard herein established.
3.9 DISCRETIONARY USE APPLICATIONS
3.9.1
Discretionary Use Application Process
(1)
The following procedures shall apply to discretionary use applications:
(a)
Applicants must file with the Development Officer a development permit application, a
site plan, any other plans and information as required by the Development Officer and pay
the required application and public hearing fees.
(b)
The application will be examined by the Development Officer for conformance with the
Official Community Plan, this Bylaw, and any other applicable policies and regulations.
(c)
The Development Officer may request comments from other government agencies where
applicable.
(d)
The Development Officer will prepare a report concerning the application including
recommended conditions that may be applied to an approval.
Resort Village of Manitou Beach Zoning Bylaw
31
(e)
The Development Officer will set a date for the meeting at which the application will be
considered by Council and will give notice by ordinary mail to assessed owners of property
within 75 metres of the boundary of the applicant's land.
(f)
Council shall consider the application together with the report of the Development Officer,
and any written or verbal submissions received by Council.
(g)
Council may reject the application or approve the application with or without conditions,
including a condition limiting the length of time that the use may be conducted on the site.
(h)
The Development Officer shall notify the applicant of Council's decision by ordinary mail
addressed to the applicant at the address shown on the application form.
(i)
Where an application for a discretionary use is approved by resolution of Council, the
Development Officer shall issue a development permit subject to any conditions prescribed
by Council. Council shall consider applications in terms of the requirements contained in
Section 3.9.2 of this Bylaw.
(j)
The Development Officer shall maintain a registry of the location and all the relevant
details respecting the granting of the discretionary use approval.
3.9.2
Terms and Conditions for Discretionary Use Approvals
(1)
Discretionary uses, discretionary forms of development, and associated accessory uses are subject
to the development standards and applicable provisions of the zoning district in which they are
located. In approving any discretionary use, to minimize land use conflict, Council may prescribe
specific development standards related to:
(a)
site drainage of storm water;
(b)
the location of buildings with respect to buildings on adjacent property;
(c)
access to, number and location of parking and loading facilities including adequate access
and circulation for pedestrian and vehicle traffic;
(d)
appropriate space for vehicle line ups for drive through commercial facilities in order to
reduce disruption of traffic flows on adjacent roadways;
(e)
control of noise, glare, dust and odour;
(f)
landscaping, screening and fencing and preservation of existing vegetation to buffer
adjacent properties;
(g)
the size, shape and arrangement of buildings, and the placement and arrangement of
lighting and signs;
(h)
prescribed specified time limits for a use that is intended to be temporary or to allow
Council to monitor the impact of a use on surrounding development;
(i)
The preservation of existing green space and mature trees; and
32
Resort Village of Manitou Beach Zoning Bylaw
(j)
intensity of use.
(2)
Council may approve discretionary use applications for a limited period of time where it is
considered important to monitor and re-evaluate the proposal and its conformance with the
objectives of this Bylaw.
(3)
Council may use the preservation or replacement of existing mature trees on a site as a condition
of discretionary use approval
(4)
Council's approval of a discretionary use application is valid for a period of 12 months from the
date of approval. Council may direct that a discretionary use extension be granted for an additional
12 month period by the Development Officer, upon request of the applicant.
(5)
A discretionary use approval shall be deemed to be invalid for the following reasons:
(a)
if the proposed use or proposed form of development has not commenced within the 12-
month period;
(b)
the proposed development is not proceeding in accordance with the terms and conditions
of its approval;
(c)
If an approved discretionary use ceases to operate for a period of 24 months or more.
The Development Officer shall advise the owner and Council when a prior approval is no longer
valid.
3.9.3
General Discretionary Use Evaluation Criteria
Council will apply the following general criteria, and, where applicable, the use specific criteria in Section
3.8.4, in the assessment of the suitability of an application for a discretionary use or discretionary form of
development:
(1)
The proposal must be in conformance with all relevant sections of the Official Community Plan
and must demonstrate that it will maintain the character, density and purpose of the zoning district,
where necessary through the provision of buffer areas, separation and screening.
(2)
The proposal must be capable of being economically serviced by community infrastructure
including roadways, water and sewer services, solid waste disposal, parks, schools, and other
utilities and community facilities.
(3)
The proposal must demonstrate that it is not detrimental to the health, safety, convenience or
general welfare of persons residing or working in the vicinity or injurious to property,
improvements or potential development in the vicinity.
(4)
The proposal must provide sufficient landscaping and screening, and, wherever possible, shall
preserve existing vegetation.
(5)
The proposal must demonstrate that any additional traffic generated by the use, can be adequately
provided for in the existing parking and access arrangements. Where this is not possible further
appropriate provisions shall be made so as to ensure no adverse parking or access effects occur.
Resort Village of Manitou Beach Zoning Bylaw
33
(6)
Consideration will be given to the presence of activities already located in the area and on the site,
and their effect on the surrounding residential environment, such as the cumulative effect of
locating an activity on a site adjacent to or already accommodating an activity that may currently
generate traffic, noise or other impacts not in keeping with the character of the adjacent area.
(7)
Consideration will be given to addressing pedestrian safety and convenience both within the site,
and in terms of the relationship to the road network in and around the adjoining area.
(8)
All operations shall comply with all applicable provincial or federal requirements which govern
their operation and development.
(9)
Proposals for discretionary uses which may result in heavy truck traffic, particularly in commercial
districts, should be located to ensure that such traffic takes access to or from major streets or
designated truck routes.
(10)
Consideration will be given to developments that demonstrate a commitment to Pedestrian Oriented
Design. Pedestrian oriented design features are elements that enhance the visual appeal and
functionality of a building for people on foot, bike, or other modes of active transportation. Resort
Village pedestrian-oriented design feature building materials are open timber concept, river rock,
shiplap, faux cedar shakes, or log siding, compatible with existing commercial businesses and
public facilities in our beach front commercial zone. These features create a natural and rustic look
that blends well with the surrounding environment. They also provide texture, contrast, and warmth
to the building's facade. Pedestrian oriented design features should cover at least 40% of the
building's exterior to achieve a noticeable impact. This percentage can be made up of one or more
of the listed building materials. Upgrades and renovations of existing buildings shall request a
development permit to ensure continuity amongst commercial buildings.
3.9.4
Use-Specific Discretionary Use Evaluation Criteria
Council will apply the following use-specific criteria to the assessment of the suitability of an application
for a particular discretionary use or discretionary form of development:
(1)
Community centres, clubs, places of worship, cultural institutions, schools, and public and
commercial recreation facilities:
(a)
Schools, clubs and places of worship should, where possible, be located on corner sites to
facilitate access.
(b)
Public elementary and secondary schools should, where possible, be located adjacent to
public open space.
(c)
The site should be accessible from arterial or collector streets to avoid heavy traffic
volumes on local streets.
(d)
Consideration should be given to the location of entry and exit points of the site and their
relationship with existing intersections and adjacent residential units.
(e)
Parking and loading areas shall be landscaped to minimize their impact on the streetscape
and to improve the visual appearance of the site.
34
Resort Village of Manitou Beach Zoning Bylaw
(2)
Dwelling groups:
(also refer to Section 5.9)
(a)
Dwelling groups should have vehicular access to a public street from at least two points
which are sufficiently separated to provide accessible ingress and egress in case of
emergency.
(b)
The suitability of a proposal will be considered with respect to:
(i)
the capacity of the adjoining street system to handle the expected traffic volumes;
(ii)
the density of the proposed dwelling group, the arrangement on the site of the
proposed buildings, on-site parking and traffic considerations, and access for fire-
fighting and other emergency equipment.
(3)
Multiple unit dwellings:
(a)
The suitability of a proposal will be considered with respect to:
(i)
adherence to any concept plan prepared for the proposed development area,
including the proposed location of all forms of multiple unit dwellings;
(ii)
the convenience of parking; and,
(iii)
the size, quality, and amenities provided for the proposed dwelling units.
(4)
Night clubs and taverns
(a)
The location of a night club or tavern will only be favourably considered where it can be
demonstrated that the use will have a minimal impact on the amenity of the surrounding
district and adjacent areas and that these areas will not be unreasonably compromised.
(b)
The character of adjacent residential districts, along the zone interface, shall, where
possible, be protected and maintained through the provision of buffer areas, separation
distances and / or screening.
(c)
Night clubs and taverns shall maintain the character, density and purpose of the
surrounding area and the district they lay within.
(5)
Shopping centres and malls:
(a)
Shopping centres shall have clearly defined pedestrian walkways between the sidewalk and
building entrances.
(b)
It must be demonstrated to the satisfaction of council that mitigation of vehicular traffic
impacts has been addressed.
(c)
Parking lots, service areas, and loading zones shall be appropriately screened from view of
the street.
(d)
Primary access to shopping centres shall be from a collector or arterial street.
Resort Village of Manitou Beach Zoning Bylaw
35
(e)
The number and location of vehicle entrances to a commercial development shall be
consistent with the existing or anticipated design of adjacent streets and consideration shall
be given to the minimum number of entrances needed to move traffic onto and off the site
safely and efficiently.
(6)
Abattoirs, auto body shops, welding and machine shops, taxidermy uses, lumber yards, home
improvement centres, building supply establishments and construction trades:
(a)
The location of the use will only be favourably considered where it can be demonstrated
that the use and intensity is appropriate to the site and that it will have a minimal impact
on the surrounding, adjacent areas. Consideration may be given, but is not limited to, the
following effects:
(i)
municipal servicing capacity;
(ii)
anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare, vibration or
other emissions emanating from the operation;
(iii)
anticipated increased levels or types of vehicle traffic, unsafe conditions or
situations for vehicles, cyclists or pedestrians; and,
(iv)
utilization of hazardous substances.
(b)
All materials and goods shall be stored within an enclosed building or within an area hidden
from view by screening, or within an area hidden from view by screening.
(7)
Light manufacturing:
(a)
All materials and goods used in conjunction with light manufacturing plants shall be stored
within an enclosed building, or within an area hidden from view by screening.
(b)
All manufacturing and assembly operations in conjunction with a light manufacturing plant
shall be conducted within an enclosed building.
(8)
Indoor storage rental facilities, and recycling depots:
(a)
The use shall be located where practical, in a non-highly visible area, and screened to avoid
any adverse visual impact. Landscaping and screening acceptable to Council shall be
provided in all yards facing a public roadway or properties in residential use.
(9)
Golf courses:
(a)
Consideration will be given to the compatibility of the golf course with future land use
plans and adjacent land uses.
(b)
Insofar as possible, proposed golf courses shall respond to the natural topography and
drainage of the site, and employ minimal clearing of native vegetation.
(c)
Buffers shall be provided to protect existing, adjacent neighbourhoods by mitigating the
adverse impacts of sound, visibility and traffic.
36
Resort Village of Manitou Beach Zoning Bylaw
(d)
Council will consider the following as an asset in the development of a golf course:
(i)
maximum use of existing landforms and native grasses and vegetation;
(ii)
an alternative water source to potable water; and,
(iii)
water conserving irrigation systems.
(10)
Dwelling units attached to and in conjunction with any permitted use:
(a)
Dwelling units attached to commercial establishments shall have a main entrance separate
from that of the commercial establishment. An emergency exit must be provided in
addition to the main entrance.
(b)
The minimum floor area of each dwelling unit shall be 28 square metres.
(11)
Junk and salvage yards and auto wreckers:
(a)
Junk and salvage yards and auto wreckers shall be enclosed by an opaque or solid perimetre
fence at least 2.0 metres in height, and not more than 4.0 metres in height, with no material
piled higher than the height of the perimetre fence.
(b)
The perimetre fence shall not be located in the required front yard. The required front yard
shall be used for no other purpose than landscaping and necessary access driveways to the
site.
(13)
Bulk petroleum sales and storage and bulk fertilizer sales and storage:
(a)
Bulk petroleum sales and storage and bulk fertilizer sales and storage shall be located at
least 91.4 metres from residential areas, schools, hospitals, motels.
(14)
Parking Lots
(a)
No sign of any kind, other than those designating the parking lot name, entrance, exits, or
conditions of use, may be erected or maintained.
(b)
All lighting fixtures must be oriented in a manner to direct the light away from adjacent
lots.
(c)
A durable surface must be provided and maintained and the lot must be graded to dispose
of all surface water.
(d)
Parking lots shall be landscaped to improve visual appearance of the site.
(e)
Where the parking lot abuts a residential property boundary a minimum landscape buffer
of 2.0 metres shall be provided.
(15)
Temporary Relocatable Work Camps
(a)
The suitability of a proposal will be considered with respect to:
(i)
the location, type and purpose of the camp, including the number of persons
proposed to live in the camp, the number of buildings, and the arrangement on the
Resort Village of Manitou Beach Zoning Bylaw
37
site of the proposed buildings;
(ii)
suitability of the methods for supplying water, sewage and waste disposal
facilities;
(iii)
on-site parking and traffic considerations, and access for fire-fighting and other
emergency equipment;
(iv)
the length of time required for the temporary camp, including proposed occupancy
length, removal date and reclamation measures once the camp is no longer needed;
and
(v)
information regarding the necessity of the work camp in attracting and attaining
skilled workers.
(16)
Freight handling facilities, warehouses, and Cannabis Production Facilities:
(a)
The location of the use will only be favourably considered where it can be demonstrated
that the use and intensity is appropriate to the site and that it will have a minimal impact
on the surrounding adjacent areas. Consideration may be given, but is not limited to, the
following effects:
(i)
municipal servicing capacity;
(ii)
anticipated levels of noise, odour, smoke, fumes, dust, lighting, glare
vibration or other emissions emanating from the operation;
(iii)
anticipated increased levels or types of vehicle traffic, unsafe conditions
or situations for vehicles, cyclists or pedestrians; and/or
(iv)
utilization of hazardous substances.
(b)
All materials and goods used in conjunction with trades shall be stored within an enclosed
building, or within an area hidden from view by screening.
(c)
Warehouses and freight handling facilities shall be accessible from a major road network
to avoid heavy traffic volumes on access roads. Consideration shall be given to the location
of entry and exit points to the site and their interrelation with existing intersections or land
constraints; and,
(d)
No outside storage is permitted for a wholesale establishment or Cannabis Production
Facility.
3.10 ZONING COMPLIANCE, OFFENCES AND PENALTIES
3.10.1 Pursuant to Section 242(2) of The Act, the Development Officer may issue a zoning compliance
order for development that contravenes this bylaw in order to achieve bylaw compliance.
3.10.2 Any person who violates this bylaw is guilty of an offence and liable upon summary conviction, to
penalties and subject to an order as stated in Section 243 of The Act.
3.11 FEES
38
Resort Village of Manitou Beach Zoning Bylaw
3.11.1 Amendment of the Zoning Bylaw
(1)
Where a person requests Council to amend the Zoning Bylaw, that person shall pay to the
municipality a fee equal to the costs associated with the public advertisement of the
proposed amendment and the costs associated with providing direct written notice to
owners of land that is the subject of the proposed amendment. Council may choose not to
proceed with the advertising it they conclude that the proposed amendment is unsuitable
or unnecessary.
(2)
Council shall give notice of its intention to consider a Zoning Bylaw amendment pursuant
to the provisions of Section 207 to 211 of The Act.
3.11.2 Application Fees
(1)
An applicant for a development permit shall pay an application fee in accordance with the
following:
(a)
Permitted principal use:
$100
(b)
Permitted accessory use:
$50
(c)
Permitted ancillary use:
$100
(d)
Discretionary principal use:
$200
(e)
Discretionary accessory use:
$200
(f)
Discretionary ancillary use:
$200
(g)
Development Appeal Fee:
up to $300 as specified by the Development
Appeals Board.
These fees shall be in addition to any fee required by Section 3.10.1 above.
(2)
Detailed review costs:
(a)
General: Where a development proposal involves a detailed review, a plan or
Zoning Bylaw amendments, a development agreement, a servicing agreement, detailed
development conditions, liability insurance, performance bonds, caveats, or legal and
professional planning advice, Council may require the applicant to pay the full cost of the
additional application review and administration costs, as Council may determine by
resolution.
(b)
Items: Such costs may include Council meetings, legal and professional planning
costs, municipal administration fees and site inspection fees, as determined by Council.
(c)
Documentation: Such costs may be addressed and clarified in Council specified
documents, including development and servicing agreements.
Resort Village of Manitou Beach Zoning Bylaw
39
(3)
An applicant seeking amendment to the Zoning Bylaw shall pay the following fees:
(a)
The costs of advertising associated with the application; and
(b)
the following fees, where applicable:
(i)
Text amendments: $200; and/or
(ii)
Map amendments:
Class 1 Districts: M-CS, FUD
Class 2 Districts: C-G, C-HY, C-BF
Class 3 Districts: R-SF, R-MF
Zoning Map
Amendments
To
Class 1
Class 2
Class 3
From
Class 1
$100
$200
$500
Class 2
$100
$200
$300
Class 3
$100
$200
$200
(c)
Where an application to amend the Zoning Bylaw involves the amendment within
two or more of the above classes, the sum of the amendment fees shall apply for
all classes, in addition to the fee for the text amendment, if applicable.
3.11.3 Special Provisions for Contract Zoning Agreements
(1)
A zoning designation which is subject to an agreement entered into pursuant to the
provision of Section 69 of The Act shall be indicated on the Zoning District Map by the
addition of the Bylaw number authorizing agreement after the zoning district designation.
40
Resort Village of Manitou Beach Zoning Bylaw
4 GENERAL REGULATIONS
4.1 ACCESSORY BUILDINGS, STRUCTURES & USES
4.1.1
Accessory buildings shall be subordinate to, and located on the same site as the principal building
or use, and used in conjunction with that principal use.
4.1.2
Time of Construction
Accessory buildings shall not be constructed or placed on any site prior to the construction of the
principal building except in the following cases:
(2)
Where a development permit has been issued for a principal building, Council may, at their
discretion, allow prior development of an accessory building where such building is
required for the storage of construction material or equipment. If the principal building is
not completed within the effective time period of the development permit for the associated
principal building, the accessory building shall be removed.
4.1.3
Height of Accessory Buildings
(1)
In any C-G, C-HY, C-BF, I, M-CS, or FUD district, accessory buildings are not to exceed
the height of the principal building, or 5.25 metres from the floor or grade level to the peak
height of the roof.
(2)
In the R-SF and R-MF zoning districts, accessory buildings are not to exceed the height
of the principal building and in no case shall the height of an accessory building exceed
5.25 metres from the floor or grade level to the peak height of the roof.
(3)
Garden and garage suites shall be subject to the height requirements contained in Section
5.11 of this Bylaw.
4.1.4
Private Garages and Carports
(1)
Private garages and carports, attached to the principal building and sharing a common wall
by a substantial roof structure, are considered as part of the principal building and subject
to the regulations governing the principal building.
(2)
On any site in any R-SF or R-MF district or any site used for residential purposes in any
district, only one detached garage not exceeding 93 square metres in floor area is permitted
(or 46.5 square metres per unit for any multiple unit dwelling).
(3)
Except when conforming to established building lines, no main door of a garage which
faces a street shall be within 6.0 metres of the front site line faced by the door.
(4)
Except when conforming to established building lines, no main door of a garage which
faces a street shall be within 3.0 metres of the side site line faced by the door.
Resort Village of Manitou Beach Zoning Bylaw
41
4.1.5
Location and Size of Accessory Buildings
(1)
Detached accessory buildings on any site used for residential purposes and in all residential
districts are subject to the following regulations:
(a) Accessory buildings shall not be located in any required front yard.
(b) The minimum rear yard setback of an accessory building shall be 0.3 metres, except
where the main door faces the rear site line, the minimum setback shall be 1.5 metres.
(c) Accessory buildings shall have a minimum side yard setback 3.0 metres on a corner
site if the garage doors open to the flanking street or lane, otherwise 0.75 metres.
Overhanging eaves shall be setback a minimum of 0.15 metres from any site line.
(d) Accessory buildings located in a rear yard shall not occupy more than 40% of the rear
yard.
(e) Detached accessory buildings shall be located a minimum of 1.2 metre from the
principal building.
(2)
Detached accessory buildings in all C-G, C-HY, C-BF, I, and/or FUD districts are subject
to the following regulations:
(a) On a corner site, no accessory building shall be erected in or encroach on the required
side yard which is adjacent to the street.
(b) An accessory building or structure on a site in a non-residential district that abuts a site
in a residential district shall not be less than 1.5 metres from the boundary of the site
in the residential district.
(c) No accessory building may be placed in an area designated for required landscaping.
4.1.6
Number of Accessory Buildings
(1)
In any R-SF or R-MF district or on any site used for residential purposes, there shall be
no more than three accessory buildings on a site.
4.1.7
Accessory Fabric Covered Structures and Pole Sheds
(1)
In any R-SF or R-MF districts, no more than one fabric covered structure with a maximum
area 18.6 m2 shall be permitted as an accessory structure.
(2)
Fabric covered structures and pole sheds shall be permitted as an accessory structure in the
C-HY district.
(3)
Notwithstanding subsections (1) and (2), fabric covered structures may be placed in any
district for use as a public recreation facility, public school or education facility.
(4)
Development applications for fabric covered structures and pole sheds must include a
drawing stamped by a Professional Engineer to ensure the structure will meet the
requirements of the National Building Code of Canada.
42
Resort Village of Manitou Beach Zoning Bylaw
4.1.8
Temporary Fabric Covered Structures
(1)
In any District, temporary fabric covered structures shall be allowed for a period not to
exceed seven days in a calendar year.
4.1.9
Shipping Containers
(1)
Shipping containers may be temporarily placed on a site in any district:
(a)
during active construction on a site where the shipping container is used solely for
the storage of supplies and equipment that are used for construction operations on
site, provided that a valid building permit has been issued for construction, and
provided that the shipping container is removed from the site upon completion of
construction; or,
(b)
for the purpose of loading and unloading of items associated with the principal use
for a period of not more than 10 days in any six month period. The Development
Officer may grant one extension of up to 20 days for large-scale projects.
(2)
When placed on a site pursuant to subsection (1), the shipping containers shall:
(a)
be located so as not to create a safety hazard;
(b)
not be placed on a public right-of-way or dedicated lands; and
(c)
not be located within 1.2 metres of the interior edge of a sidewalk.
4.1.10 Private Swimming Pools
(1)
Private swimming pools are permitted in all R-SF or R-MF districts subject to the
following requirements:
(a)
private swimming pools shall not be located in any required front yard;
(b)
private swimming pools shall not be located any closer than 1.2 metres from any
side or rear property line;
(c)
private swimming pools shall not be located upon any easement or right-of-way,
or on top of any utility lines;
(d)
a private swimming pool shall be located so as to provide a minimum 750 mm
walkway around its perimeter and the walkway shall not be obstructed by any
object which will restrict walking around the entire perimeter;
(e)
any mechanical or electrical equipment, associated with a private swimming pool,
shall be located so as not to create any nuisance for neighbouring properties;
(f)
all private swimming pools shall be enclosed by a non-climbable fence not less
than 1.8 metres in height, either around the pool area or perimeter of the site and
shall include a security gate;
Resort Village of Manitou Beach Zoning Bylaw
43
(g)
the Enclosure shall be in place prior to the pool being filled with water;
(h)
the Enclosure shall be properly maintained at all times;
(i)
any alteration to an Enclosure, for which a development permit has been issued,
must be approved by the Resort Village, prior to any alterations being made;
(j)
the Enclosure shall not contain any gaps or openings, which will permit a spherical
object of 100 mm in diameter to pass through;
(k)
chain link fencing used in an Enclosure shall not have a mesh size exceeding 50
mm or a wire core of less than 11 gauge;
(l)
gates, which forms part of an Enclosure, shall comply with the following:
(i)
all gates shall be installed to swing outward in the direction away from the
swimming pool;
(ii)
all gates shall be equipped with a self-closing device designed to return
the gate to the closed position after each use, a self-latching device
designed to hold the gate in the closed position after each use and have the
capacity of being locked;
(iii)
the self-closing and self-latching devices shall be maintained in working
order at all times;
(iv)
all gates shall be anchored to fixed posts or secure structures both on the
hinge and latch side;
(v)
when a private swimming pool is not attended by the owner or occupant,
all gates or other entrances to the Enclosure shall be locked;
(m)
in the case of a private swimming pool, which is a hot tub or whirlpool, the
requirements of subsection (l), above, shall not apply provided all of the following
provisions are provided:
(i)
the hot tub or whirlpool has a cover with the strength to support the weight
of an adult walking across the top;
(ii)
the hot tub or whirlpool has a lockable device to prevent access to the
water by unauthorized persons; and
(iii)
the cover is maintained in place and locked at all times when the hot tub
or whirlpool is unsupervised;
(n)
no private swimming pool shall have a direct connection to the Resort Village's
water distribution system;
(o)
all private swimming pools shall meet the standards of any applicable provincial
regulations regarding swimming pools.
44
Resort Village of Manitou Beach Zoning Bylaw
4.1.11 Easements
All buildings or structures shall be located on a site so as to comply with the requirements of any easement
or other development restriction registered as an interest on the title of the subject property. It shall be the
responsibility of the property owner and the person or corporation who has registered the interest to ensure
compliance with said easement or restriction.
4.1.12 Construction Bins
(1)
Construction bins may be temporarily placed on a site in any district:
(a)
during active construction on a site where the construction bin is used solely for
construction operations on site, provided that a valid building permit has been
issued for construction, and provided that the construction bin is removed from the
site upon completion of construction; or,
(b)
for the purpose of loading and unloading of items associated with the principal use
for a period of not more than 10 days in any six month period. The Development
Officer may grant one extension of up to 10 days for large-scale projects.
(c)
In the cause of repairs and renovations resulting from a sewer backup, for the
temporary storage of items for a period of time not to exceed 6 months
(2)
When placed on a site pursuant to subsection (1), the construction bin shall:
(a)
be located so as not to create a safety hazard;
(b)
not be placed on a public right-of-way or dedicated lands; and
(c)
not be located within 1.2 metres of the interior edge of a sidewalk.
4.2 BUILDING LINES
4.2.1
Where a building line in a residential district has been established by existing buildings in a block
having at least one half the lots built upon, the front yard requirement for the applicable zoning
district will be considered to be the existing building line.
4.3 BUILDINGS OR USES OCCUPYING MORE THAN ONE LOT
4.3.1
Where an application is made for development of a building or use that will occupy more than one
lot as herein defined, the parcel of land comprised of said lots shall be considered a site for the
purposes of administering this Bylaw.
4.3.2
Where an application is made in accordance with section 4.3.1 above, any parcels that comprise
the new site shall be parcel tied by resolution of Council.
Resort Village of Manitou Beach Zoning Bylaw
45
4.4 BUILDING TO BE MOVED
4.4.1
No building shall be moved within or into the Resort Village of Manitou Beach without the issuance
of a development permit unless such building is exempt under Section 3.2.2 of this Bylaw. Prior to
any building being moved within or into the Resort Village, the applicant shall:
(1)
obtain a satisfactory municipal building inspector's report;
(2)
enter into a development and servicing agreement when, in the sole opinion of the Resort
Village, the water and sanitary sewer connections, asphalt pavement, or curb and sidewalk
need to be replaced or repaired;
(3)
provide appropriate security to the municipality for any damages to the Resort Village
infrastructure; and
(4)
pay all required fees.
4.5 DEMOLITION OF BUILDINGS
4.5.1
No building shall be demolished within the Resort Village without the issuance of a demolition
permit (unless exempt under Section 3.2.2).
4.5.2
Prior to any building being moved within or into the Resort Village, the applicant shall:
(1)
pay any taxes, fees or charges owing to the Resort Village against the subject property;
(2)
cap-off any water and sewer connections in a manner required by the Resort Village;
(3)
provide a security bond given to the municipality for any damages to Resort Village
infrastructure;
(4)
pay all required fees; and
(5)
provide a building inspectors report that approves the building under the National Building
Code of Canada.
4.6 DEVELOPMENT ON HAZARD LANDS
4.6.1
Where a proposed development or subdivision is to be located on potential hazard lands, the
applicant shall submit a professional report prepared and stamped by a professional engineer
registered to practice in Saskatchewan. The report shall assess the geotechnical suitability of the
site, susceptibility to flooding, including topographical surveys to delineate the flood hazard line,
or other environmental hazards, together with any required mitigation measures.
4.6.2
Actions identified, in a report prepared pursuant to Section 4.6.1, for prevention, change, mitigation
or remedy may be incorporated as conditions to issuance of any development permit that may be
issued. Council shall refuse a permit for any development for which, in Council's opinion, the
proposed actions are inadequate to address the conditions present on the hazard lands or will result
in excessive municipal costs.
46
Resort Village of Manitou Beach Zoning Bylaw
4.6.3 Retaining walls prevent downslope movement or erosion and provide support for vertical or near-
vertical grade changes. The height of a retaining wall depends on several factors, such as the type of soil,
the slope of the land, the drainage conditions, the design load and the local building codes. Generally, a
retaining wall that exceeds 4 feet (1.2 meters) in height should require an engineered design, as it may pose
a significant risk of failure or collapse.
4.7 EXCAVATION, STRIPPING AND GRADING
4.7.1
Any site proposed for which a development permit has been issued shall be graded and at the
owner's expense to provide for adequate drainage that does not adversely affect adjacent properties.
4.7.2
Any site for which a development permit has been issued shall be graded and levelled in accordance
with the elevations provided within the approved development permit. Any interim earth work must
be done in a manner to contain erosion, runoff and debris from negatively impacting any adjacent
properties.
4.7.3
A development permit is required for the excavation, stripping and grading of land and the
modification of wetlands.
4.7.4
Excavation shall include, but is not limited to sand and gravel extraction, top soil stripping, the
grading of land for drainage purposes, the grading of land, the clearing of vegetation from land and
any similar activity, but does not include:
(1)
excavation for construction or building purposes associated with a valid development
permit or a valid certificate of approval for subdivision; or
(2)
excavation or the removal of vegetation for maintenance or landscaping purposes on a site
where a development permit has previously been issued;
4.7.5
A person wishing to excavate, strip or grade land, or modify wetlands shall provide the following
information in their application for a development permit:
(1)
the location and area of the site on which the excavation, stripping, grading or modification
of wetlands is to take place;
(2)
where required by the Development Officer, the existing land use, wetlands and vegetation,
including a natural areas screening report; and
(3)
the amount and type of vegetation, soil or other material to be removed or relocated, and
the condition in which the land is to be left when the excavation is complete.
4.7.6
Except as provided for in Section 3.2.2, a development permit shall not be issued unless there is an
approved development plan or subdivision for the area.
4.7.7
The Development Officer may issue a development permit for the excavation, stripping and grading
of land when satisfied that the excavation is necessary for the interim use, development or
maintenance of the subject land, prior to a development plan or subdivision being approved for the
area.
Resort Village of Manitou Beach Zoning Bylaw
47
4.8 FRONTAGE ON ROAD
4.8.1
No development permit shall be issued unless the site intended to be used, or upon which a building
or structure is to be erected, abuts or has frontage on and access to an existing hard surfaced public
road.
4.9 FENCES
4.9.1
In any R-SF and/or R-MF district, no wall, fence or similar structure shall be erected in a front
yard or on a site line adjacent to a front yard to a height of more than 1.0 metres above grade level
as illustrated in Figure 4-1. Fencing may be increased to a height of 2.6 metres through means of a
discretionary use permit for fences that are at least 60% transparent.
4.9.2
In any R-SF and/or R-MF district, no wall, fence, screen or similar structure, excepting permitted
accessory buildings, shall be erected in a required side or rear yard, or on a site line adjacent to a
required side or rear yard, to a height of more than 2.0 metres above grade level as illustrated in
Figure 4-1. For the purpose of accommodating wildlife fencing, side and rear yards fencing may
be increased to a height of 2.6 metres through means of a discretionary use permit. Portions of
fence that are above 2 meters shall be at least 60% Transparent.
4.9.3
In any C-HY, M-CS, or FUD district, no wall, fence or similar structure, excepting permitted
accessory buildings, shall be erected to a height of more than 3.0 metres above grade level and in
no case shall a fence be erected to a height of more than 2.0 metres above grade level in the required
front yard, except for the C-G, where no wall, fence or similar structure shall be erected between a
front site line and a front building line to a height of more than 1.0 metres above grade level.
4.9.4
On a corner lot in any district, no hedge planting, tree, wall, fence, or similar structure, not being a
building, shall be erected, placed, planted, or maintained within the Sight Triangle, as described in
Figure 2-1 and Section 4.27 of this Bylaw, to a height greater than 0.6 metres as illustrated in Figure
4-1.
48
Resort Village of Manitou Beach Zoning Bylaw
Figure 4-1: Fence Requirements
4.10 GARAGE AND YARD SALES
4.10.1 Garage or yard sales may be undertaken on any site in a Residential or Community Service zoning
district provided the sale is conducted by a resident of the dwelling on the subject site, or by a non-
profit group associated with a place of worship, public school, community association or other
similar group or organization.
4.10.2 No more than four (4) sales may be conducted from one site in one calendar year, and any one sale
may not last for more than three consecutive days.
4.11 HEIGHT RESTRICTIONS
4.11.1 Exemptions from Building Height Requirements
Any height limitations or regulations shall not apply to the following:
(1)
Chimneys, flagpoles, spires, cupolas, television antennas, or other appurtenances usually
required to be placed above the roof level, and not intended for human occupancy.
(2)
Only in the C-G and C-HY districts shall Mechanical penthouses be exempt, provided they
are erected only to such heights as is necessary, and provided they do not cover more than
25% of the gross roof area upon which they are located.
Resort Village of Manitou Beach Zoning Bylaw
49
4.11.2 Walk-Out Basements
Where a single-detached dwelling has a walkout basement oriented to the rear yard, building height
shall be determined as follows:
(1)
The maximum height of any building elevation shall not exceed 10.5 metres as measured
from the average finished ground level to the peak of the roof.
(2)
The height for the lowest floor or walk-out basement at the rear elevation shall not exceed
3.6 metres measured from the approved rear yard building grade to the top of the finished
floor above the slab.
4.12 LANDSCAPING
4.12.1 General Regulations for Landscaping
(1)
Required landscaping shall be installed and maintained in accordance with the following
standards and policies:
(a)
Landscaped areas required to be provided within any front or side yard shall not
be used for any purpose except for signs or structures otherwise permitted or
driveways leading to a parking or loading facility.
(b)
Notwithstanding clause (a) above, required landscaped areas for single-unit, two-
unit, and semi-detached dwellings may be used for parking.
(c)
The landscaping area shall be developed within the next growing season after
occupancy or partial occupancy of the building or the site.
(d)
All plant materials are encouraged to be a species capable of healthy growth in
Saskatchewan and should conform to the standards of the Canadian Nursery
Landscape Association.
(e)
All trees provided for planting are encouraged to be a minimum 45 mm caliper for
deciduous trees and 1800 mm in height for coniferous trees.
(f)
All shrubs provided for planting are encouraged to be a minimum height and
spread of 450 mm.
(g)
Continuous raised or precast curbing of not less than 150 mm in height are
encouraged to be placed along the perimeter of any landscaped area abutting a
driveway or off-street parking or loading facility.
(h)
Trees are encouraged to be planted in the overall minimum ratio of one tree per 45
square metres of landscaped area or fraction thereof provided. Spacing between
trees should not obstruct traffic sight lines, signs, or essential services at full
maturity.
50
Resort Village of Manitou Beach Zoning Bylaw
(i)
Shrubs are encouraged to be planted in the overall minimum ratio of one shrub per
20 square metres of required site landscape area or fraction thereof.
(j)
Hard landscaping shall not cover more than 15% of a required landscaped area or
occupy more than 6 metres of the total site frontage.
(2)
The provision of landscaping shall be a condition of the issuance of a development permit
wherever the existing use of a building or structure is significantly enlarged, undergoes a
significant increase in capacity, or is changed to a new use. In these cases, the development
permit will not be issued until the landscaping plan is approved by the Development
Officer.
Landscaping shall be designed and constructed to allow compliance with an approved
drainage plan.
4.12.2 Required Landscaping in Residential and Community Service Districts
(1)
A landscaped strip of not less than 4.5 metres in depth throughout, lying parallel to and
abutting the front site line of the site may be required by the Development Officer to be
provided for.
(2)
On corner sites, in addition to where landscaping may be required in the front yard, the
whole of any required side yard abutting the flanking street shall be landscaped.
4.12.3 Required Landscaping in Commercial Districts
(1)
In the C-G district, any front yard or side yard which is not covered by a building or
required driveway access, shall be landscaped.
(2)
In the C-HY district a landscaped strip of not less than 4.5 metres in depth throughout lying
parallel to and abutting the front site line shall be provided on every site.
(3)
In the C-HY district, on corner sites, in addition to the landscaping required in the front
yard, a landscaped strip of not less than 1.5 metres in width throughout lying parallel to
and abutting the flanking street shall be landscaped.
(4)
In the C-G and C-HY districts, where a site abuts any site zoned to a Residential district
without intervening dedicated lands or registered lane, there shall be a strip of land adjacent
to the abutting site line of not less than 1.5 metres which shall not be used for any purpose
except landscaping.
4.13 LICENCES, PERMITS AND COMPLIANCE WITH OTHER BYLAWS AND
LEGISLATION
Nothing in this Bylaw shall exempt any person from complying with the requirement of any other
municipal or provincial regulations and requirements nor from obtaining any licence, permission,
permit, authorization or approval required by such requirements or regulations.
Resort Village of Manitou Beach Zoning Bylaw
51
4.14 LIGHTING OF SIGHTS
4.14.1 Outdoor lighting for all developments shall be located and arranged so that no direct rays of light
are pointed at nearby properties, or interfere with the safe operation of nearby roadways or traffic
control devices.
4.14.2 Outdoor lighting for all developments shall be Dark Sky Compliant.
4.15 NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A SITE
Only one principal building shall be placed on a site with the exception of dwelling groups,
shopping centres, indoor/outdoor storage rental facilities, recreation facilities, schools, hospitals
and public works.
4.16 OFF-STREET PARKING AND LOADING
4.16.1 When a new development is commenced or when an existing development is enlarged, or use
changed, provision shall be made for off street parking spaces in accordance with the following:
(1)
Single Detached Dwelling, Secondary, Garden or Garage Suite
1 space per unit
(2)
Home Based Businesses
1 space per non-resident
employee
(3)
Bed and Breakfast
1 space plus 1 space for
each guest room
(4)
Adult Day Care, Residential Care Homes, Custodial Care Facilities
1 space per 5 beds
(5)
Places of Worship, Cultural Institutions, Theatres, Restaurants, and
Lounges
1 space per 4 seats
(6)
All Other Recreational and Commercial Uses
1 space per 46 m2 of
gross floor area
4.16.2 Parking and Loading Spaces Required with Development
(1)
No person shall erect, enlarge, or extend any building or structure permitted under this
Bylaw, unless the required parking and loading spaces are provided and maintained in
connection with the new, enlarged, or altered building or structure.
(2)
All required parking facilities shall be located on the same site as the principal building or
use.
4.16.3 General Regulations for Off-street Parking and Loading
(1)
Permanent vehicular access to residential lots shall be from the village streets to the front
lot line because the residential subdivision layout is based on lots without back or side
lanes.
(2)
A parking space shall be a minimum of 2.74 metres (9 feet) by 6.10 metres (20 feet).
52
Resort Village of Manitou Beach Zoning Bylaw
4.16.4 Driveways
(1)
Driveway approaches shall be constructed:
(a) Sloped away from the village road so run-off shall not go on the road and shoulder;
and,
(b) With side slopes on the driveway (preferred range: 6:1 to 10:1) less than the side slope
of the adjacent village road.
(2)
Driveway approaches shall be constructed with sufficient slopes to not allow water from
the driveway to enter the road. The ideal surfacing of driveways abutting the edge of the
road would be to provide for a minimum of 3.05 metres (10 feet) from the intersection of
the approach with the road, to be finished using the same material surfacing as the roadway.
(3)
If a culvert is required, to convey the full flow of water from existing drainage swales
(drainage ditches) and the additional water from the driveway, the culvert size will be
specified in the driveway permit.
(4)
Material from the village road right-of-way shall not be used for the construction of the
driveway and approach.
(5)
The approach shall be constructed with no resulting damage to the road shoulder/driving
surface.
(6)
All season safe sight distance at the posted speed limit is required in each direction from
the driveway approach.
(7)
Hard landscaping including driveways shall not cover more than 15% of the required
landscape area. The remainder of the site should be soft landscaped as specified in Section
4.12.
(8)
Regarding existing driveways:
(a) Re-gravelling existing driveways is considered maintenance.
(b) Existing driveways shall be brought into compliance at the earliest when:
(i)
Substantial improvements are made to the existing driveway, for example if
the owner replaces any part of an existing driveway.
(ii) Widening the travel width, raising the height of the driveway, paving or re-
paving.
(9)
A Driveway Construction Permit is required for property owners to construct a driveway
and its approach to village streets or to substantially modify an existing driveway across
the village road right-of-way to their private lots (See section 3.4.7).
Resort Village of Manitou Beach Zoning Bylaw
53
4.17 PROHIBITED USES
4.17.1 The following uses are prohibited in all districts:
(1)
Outdoor sandblasting. This provision shall not apply to the sandblasting of outdoor
building facades as a part of regular building maintenance.
(2)
The keeping or breeding of rats, crickets, or any other rodents.
(3)
The display of Electronic Message Centre signs
4.18 OUTSIDE STORAGE AND WASTE MATERIAL STORAGE
4.18.1 Where permitted in association with any approved commercial or residential land use, all outside
storage, including storage of garbage or waste materials, is subject to the following requirements:
(1)
No outside storage shall be located in any front or side yard, except for the neatly arranged
display of items for sale.
(2)
Outside storage in any rear yard shall be screened from adjacent sites by a fence at least
1.8 metres in height, or a combination of fence and soft landscaping screening a minimum
of 1.8 metres in height. Where adjacent to a public road, storage areas shall provide a
landscaped strip of at least 2.0 metres in horizontal depth between the required fence and
the required right of way.
(3)
Unless otherwise directed by this Bylaw, garbage and waste material shall be stored in
weatherproof and animal-proof containers and shall be visually screened from all adjacent
sites and public thoroughfares.
4.19 REQUIRED YARDS AND OPEN SPACE
4.19.1 Minimum Yards Required
No portion of any yard or open space required about any principal building or use shall provide any
portion of a yard or open space for any other principal building or use.
4.19.2 Permitted Obstructions in Required Yards
The following shall not be considered to be obstructions and shall not be considered in the
determination of yard dimensions or site coverage:
(1)
In all yards:
(i)
steps or ramps of 1.6 metres or less above grade level which are necessary for
access to a building or for access to a site from a street or lane; trees; shrubs; walks;
non-covered driveways; fences; trellises; lighting fixtures; flag poles and
wheelchair ramps.
54
Resort Village of Manitou Beach Zoning Bylaw
(2)
In front yards:
(a)
overhanging eaves and gutters projecting not more than 1.0 metre into the required
front yard;
(b)
lighting fixtures and lamp posts;
(c)
non-covered raised patios and non-covered decks not more than 0.4 metres above
grade;
(d)
non-covered raised patios and non-covered decks more than 0.4 metres above
grade, projecting not more than 1.8 metres into the required front yard;
(e)
canopies or balconies projecting not more than 1.8 metres into the required front
yard; and,
(f)
architectural features, chimneys, bay windows, bow windows or other projecting
windows, projecting not more than 0.7 metres into the required front yard.
(3)
In rear yards:
(a)
non-covered raised patios and non-covered decks measuring 0.6 metres in height
above grade or less, provided they are located at least 3.0 metres from the rear site
line;
(b)
non-covered raised patios and non-covered decks measuring more than 0.6 metres
in height above grade, projecting not more than 3.0 metres into a required rear
yard, provided they are located at least 3.0 metres from the rear site line;
(c)
canopies or balconies, provided they are located at least 3.0 metres from the rear
site line;
(d)
overhanging eaves and gutters, architectural features, chimneys, bay windows,
bow windows or other projecting windows, projecting not more than 1.0 metre into
the required rear yard;
(e)
laundry drying equipment, recreational equipment, garbage stands and enclosed
private swimming pools and tennis courts when open to the sky.
(4)
In side yards:
(a)
non-covered raised patios measuring 0.6 metres or less in height above grade;
(b)
non-covered raised patios measuring more than 0.6 metres in height above grade
and non-covered decks provided they do not project more than 1.8 metres into a
required side yard, nor into more than 25% of the width of the required side yard,
whichever is less.
(c)
architectural features, eaves, chimneys, bay windows, bow windows or other
projecting windows, projecting not more than 0.5 metres into the required side
yard;
Resort Village of Manitou Beach Zoning Bylaw
55
(d)
laundry drying equipment, recreational equipment, garbage stands and private
swimming pools and tennis courts when open to the sky.
4.20 SERVICING
4.20.1 Holding tanks, septic tanks and wells are not permitted in the areas of the Resort Village which can
be serviceable from existing municipal water and sewer lines.
4.20.2 Developments outside the serviceable areas shall be connected to a private sewage disposal system
approved by the authority responsible for approval of such systems under The Public Health Act,
1994 with the agreement being registered on title.
4.20.3 When servicing becomes available, holding and septic tanks are to be disconnected and connection
must be made to municipal services as per The Public Health Act, 1994.
4.21 SIGNS
All signs shall be subject to the following regulations:
4.21.1 General
(1)
In addition to signs permitted as set out below, temporary election signs, and temporary
signs bearing notice of sale or lease or other information relating to a temporary condition
affecting the property, are permitted.
(2)
No sign shall advertise a use other than the principal use of the site. Any sign located on
municipal/public land, unless owned by the municipality, shall only be permitted to
advertise community events or public notices.
(3)
Signs shall not be located in sight triangles for intersections or driveways or in such a
manner that they visually obstruct sight triangles or otherwise jeopardize public safety,
subject to Section 4.26 of this Bylaw.
(4)
Except when otherwise provided, no sign shall project beyond the property lines of the site
to which it pertains.
(5)
Subject to the general provisions governing their location, directional signs providing on-
site directions for the convenience and safety of persons using the site shall be permitted.
(6)
Permitted home based businesses may display one (1) fascia sign, not exceeding 2.0 m2 in
area, identifying the name of the home based business. Such signs shall not be illuminated
and shall be affixed to the principal building. (Note: On multiple unit residential buildings,
other permission may be required to display a home based business sign and no right to
place such a sign in such situations is conveyed in this Bylaw).
56
Resort Village of Manitou Beach Zoning Bylaw
4.21.2 Application for Permits
(1)
Applications for sign permits must be made in writing to the Development Officer by the
owner, lessee or authorized agent of the building or premises on which the sign is to be
erected. The written application shall be accompanied by plans, specifications,
construction details and other information sufficient to inform the Development Officer of
the exact nature and location of the intended sign.
(2)
Prior to issuing a sign permit for a free standing, projecting or roof sign, the Development
Officer may require that the supplementary documentation described in subsection (1)
above, contain the professional stamp of a certified professional engineer qualified to
certify that the sign design satisfies all relevant legislation, codes and bylaws.
4.21.3 Denying or Revoking Permits
(1)
The Development Officer may deny or revoke a sign permit for any of the following
reasons:
(a)
erection of the sign has not commenced within three months from the date of issue
of the permit;
(b)
the sign does not conform to all relevant provisions of this Bylaw;
(c)
the sign being constructed or erected does not conform to the approved drawings;
and/or,
(d)
the sign is not in a proper state of repair.
4.21.4 On any site in any Residential or Urban Reserve district, signs may be erected as follows:
(1)
Sign provisions applying to permitted principal residential uses, commercial uses and
community service uses in any Residential or Urban Reserve district are set out in Table
4-3. The following provisions also apply:
(a)
No roof signs shall be permitted;
(b)
Freestanding signs may be double-faced;
(c)
No illuminated signs shall be permitted;
(d)
Signs applying to community service uses shall not be illuminated between the
hours of 11:00 p.m. and 7:00 a.m.; and
(e)
Signs applying to community service uses must not display advertising of any
commercial service or product.
Resort Village of Manitou Beach Zoning Bylaw
57
(f)
Permitted home based businesses may display one fascia or window sign, not
exceeding 2.0 m2 in area, identifying the name of the home based business. Such
sign shall not be illuminated and shall be affixed to the principal building. (Note:
on multiple unit residential buildings, other permissions may be required to display
a home based business sign and no right to place such a sign in such situations is
conveyed in this Bylaw.)
Table 4-3: Sign Regulations in Residential and Urban Reserve Districts
Use
Max. # of
Signs
Max.
Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max. Height of
Freestanding
Signs (m)
Max Sign Face
Area for
Freestanding
Signs (m2)
Per
Face
Total
All principal residential uses for
which a permit has been issued
1.0(1)
3.0(2)
1.0(1)(3)
1.5
1.5
1.5(4)
All principal commercial uses for
which a permit has been issued
2.0
3.0(2)
2.0(3)
3.0
3.0
3.0(4)
All principal community service
uses for which a permit has been
issued
2.0
3.0(2)
2.0(3)
3.0
3.0
3.0(4)
(1)
the number and size of signs may be increased, at the discretion of the Development Officer, for apartments,
day cares, health services, personal service establishments, offices and office buildings.
(2)
The maximum sign face area for a fascia sign shall be 2.0 m2 and shall not be located higher than the second
storey.
(3)
Freestanding signs shall be separated by a minimum distance of 15 metres.
(4)
Signs shall only face a public roadway.
4.21.5 On any site in any Community Service district, signs may be erected as follows:
(1)
Sign provisions applying to permitted principal community service uses, residential uses,
and commercial uses in the Community Service districts are set out in Table 4-4. The
following provisions also apply:
(a)
No roof signs shall be permitted;
(b)
No Illuminated signs shall be permitted;
(c)
Signs applying to community service uses must not display advertising of any
commercial service or product.
58
Resort Village of Manitou Beach Zoning Bylaw
Table 4-4: Sign Regulations in Community Service Districts
Use
Max. # of
Signs
Max.
Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max. Height of
Freestanding
Signs (m)
Max Sign Face
Area for
Freestanding
Signs (m2)
Per
Face
Total
All principal residential uses for
which a permit has been issued
1.0
3.0
1.0(2)
1.5
1.5
1.5
All principal commercial uses for
which a permit has been issued
2.0
4.5(1)
1.0(2)
6.0
4.5
9.0
All principal community service
uses for which a permit has been
issued
2.0
4.5(1)
1.0(2)
6.0
4.5
9.0
(1)
The maximum sign face area for a fascia sign shall be 3.5 m2 and shall not be located higher than the second
storey.
(2)
Freestanding signs shall be separated by a minimum distance of 15 metres.
4.21.6 On any site in any Commercial district, signs may be erected as follows:
(1)
Sign provisions applying to permitted principal commercial uses, community service uses
and residential uses in Commercial districts are set out in Table 4-5. The following
provisions also apply:
(2)
Illuminated signs applying to commercial uses with an internal light source with a
maximum brightness;
(a)
Brightness level of the Sign shall not exceed 400 nits when measured from the
sign face at its maximum brightness, between sunset and sunrise, at those times
determined by the Sunrise/Sunset calculator from the national research Council of
Canada; and
(b)
Signs Abutting or adjacent to Natural Areas or Public Parks shall be de-energized
daily between 12:00 AM - 5:00 AM.
(3)
A free standing sign applying to a commercial use may be located in a required yard
provided that the Development Officer is satisfied that it does not create an obstruction to
vehicle or pedestrian traffic or a hazard to public safety;
(4)
Free standing signs shall maintain a minimum vertical clearance of 3.0 m above grade over
any vehicle circulation area on the site;
(5)
Signs other than free standing signs shall have a minimum vertical clearance of 2.5 m above
grade where they project more than 75 mm from the building face;
(6)
Awning signs shall not project more than 1.8 m from the building face;
(7)
Projecting signs shall not project more than 1.8 m above the eaves or parapet of a
supporting building;
(8)
Electronic message centre signs are prohibited in all zoning districts.
Resort Village of Manitou Beach Zoning Bylaw
59
(9)
Signs applying to community service uses must not display advertising of any commercial
service or product;
(10)
Except in the C-G district, no sign shall project beyond the property lines of the site to
which it pertains. The following provisions for signs in the C-G district shall apply:
(a)
In the C-G district, no projecting sign may project perpendicularly from the
property line more than 3.0 m or beyond a point 0.6 m from the building side of the
curb line, whichever is less;
(b)
In the C-G district, no projecting sign may be suspended less than 2.6 m above the
surface of a public sidewalk or pedestrian right-of-way;
(c)
Any projecting sign referred to in subsections (i) and (ii), above, shall require the
approval of Council prior to construction and may be required to enter into a License
of Occupation agreement with the Resort Village.
(11)
Roof signs are permitted only on a principal building on any site and only one roof sign
shall be permitted on each principal building; and,
(12)
No portion of any roof sign may project beyond any exterior wall or parapet of the building
upon which it is placed.
Table 4-5: Sign Regulations in Commercial Districts
Use
Max. #
of
Signs
Max. Total
Sign Face
Area (m2)
Max # of
Freestanding
Signs
Max. Height of
Freestanding
Signs (m)
Max Sign Face
Area for
Freestanding
Signs (m2)
Per
Face
Total
All principal commercial uses
for which a permit has been
issued
1.0
3.0
1.0(2)(3)
1.5
1.5
1.5
All principal community service
uses for which a permit has
been issued
2.0
4.5(1)
1.0(2)(3)
6.0
4.5
9.0
All principal residential uses for
which a permit has been issued
2.0
4.5(1)
1.0(2)(3)
6.0
4.5
9.0
(1)
The maximum sign face area for a fascia sign shall be 3.5 m2 and shall not be located higher than the second
storey.
(2)
In the C-HY district, a maximum of one free standing sign shall be permitted with a maximum height of 10.0
m, and a maximum face area of 10.0 m2.
(3)
Freestanding signs shall be separated by a minimum distance of 15 metres.
60
Resort Village of Manitou Beach Zoning Bylaw
4.21.7 Portable Sign Regulations
(1)
A Sign Permit shall be required prior to displaying portable signs. A portable sign permit
shall expire after a period of six (6) months, after which the portable sign shall be removed,
or the applicant may request an extension to the permit.
(2)
No portable sign shall have a single face area greater than 3.0 m2 or a gross face area greater
than 9 m2.
(3)
No portable sign shall have a height greater than 2.0 m above grade.
(4)
No portable sign shall occupy any space required for off-street parking unless the site
contains off-street parking in excess of that required under this Bylaw.
(5)
On any single site, no portable sign may be located closer than 15 m to any other portable
sign.
(6)
No Portable sign shall be illuminated.
4.21.8 Highway Sign Corridor
(1)
Off-site advertising shall be designed in a manner to allow easy access for personnel and
equipment to maintain the area, grass and foliage beneath the sign.
(2)
Other standards and regulations:
(i)
the owner of the highway corridor sign shall be responsible for ensuring that the
sign meets all other provincial standards and regulations;
(ii)
in cases where other standards or regulations are inconsistent with this Bylaw,
Provincial or Federal standards or regulations will supersede the requirements of
this bylaw.
(3)
The design and construction of highway corridor signs require Council approval once a
year, unless the sign is owned by the Resort Village.
(4)
Each highway corridor sign shall be a minimum of 5.0 metres away from the nearest
highway corridor sign.
(5)
No sign within a Highway Sign Corridor shall be illuminated.
(6)
Electronic message centre signs are prohibited in any Highway Sign Corridors.
(7)
Dimensions
(i)
highway corridor signs shall be at least 3.05 metres in height and shall not exceed
2.44 metres in width measured on the side of the sign face; and
(ii)
highway corridor sign faces shall not exceed 1.22 metres in height or 2.44 metres
in width.
Resort Village of Manitou Beach Zoning Bylaw
61
(iii)
each sign may include an additional sign face, which shall not exceed 0.72 metres
in height or 2.44 metres in width, which shall be restricted to advertising
community events.
4.22 STORAGE OF MATERIALS AND UNLICENSED OR INOPERATIVE VEHICLES
4.22.1 In any Residential zoning district:
(1)
No front yard shall be used for the storage of unlicensed or uninsured motor vehicles or of
materials or goods of any type.
(2)
No yard shall be used for storage or collection of hazardous material.
(3)
No yard or portion thereof shall be used for the storage of machinery not normally used for
the maintenance of the residential property.
(4)
Outside storage of partially dismantled or inoperative motor vehicles is not permitted.
(5)
Only one unlicensed or uninsured motor vehicle may be stored outdoors on a residential
site outside of a fully enclosed building if it is shielded or screened from view. The
unlicensed motor vehicle shall not be visible by someone standing at ground level from
outside the property on which the vehicle is stored. Covering inoperable motor vehicles
with tarps or car covers are also acceptable methods.
4.23 STORAGE OF CHEMICALS, FERTILIZERS AND COMBUSTIBLE MATERIALS
4.23.1 The storage of chemicals, fertilizers and combustible materials are subject to the requirements of
both the federal and provincial governments. All necessary approvals from other regulatory
agencies must be obtained prior to issuance of a development permit. Development permit
conditions may include the requirement that all permits or licenses required by other regulatory
agencies be obtained before development proceeds.
4.24 TEMPORARY USES
4.24.1 Temporary uses will be permitted where appropriate in individual zoning districts at the discretion
of Council.
4.24.2 All temporary uses must be located on an existing site; no subdivision will be permitted for
temporary uses.
4.24.3 Any buildings placed on sites where a temporary use is permitted must be removed on or before
the expiry period allowed for the use, unless the construction of a permanent building is specifically
permitted by Council.
4.24.4 The site must be restored to the same condition as it was prior to the beginning of the temporary
use once the temporary use has ceased.
4.24.5 Council may require a performance bond from the applicant to ensure acceptable remediation of
the site.
62
Resort Village of Manitou Beach Zoning Bylaw
4.25 TRAILER COACHES AND TENTS
4.25.1 Trailer coaches and tents may be occupied as temporary overnight sleeping accommodations only
in the following situations:
(1)
in a permitted tourist campground;
(2)
in any R-SF or R-MF district, one trailer coach or tent may be located on any one site for
the temporary overnight sleeping accommodation of the occupants of a serviced principal
dwelling or guests of the occupants of a serviced principal dwelling, provided the trailer
coach or tent is not rented or made available for compensation, and that the persons
sleeping in the trailer coach or tent have full access to all of the facilities and amenities of
the principal dwelling;
(3)
for the purposes of subsection (2), above, temporary overnight sleeping accommodation
shall mean a period not exceeding 14 consecutive days in any three-month period.
4.26 VISIBILITY CLEARANCE AT INTERSECTIONS (SIGHT TRIANGLES)
4.26.1 Within any sight triangle as defined in Section 2, except those parcels with a zero-setback such as
within the C-G district, nothing shall be erected, placed, planted, or allowed to grow so as to
obscure vision at a height of 0.6 metres or greater above the elevation of the centre of the abutting
street. In the case of a street intersection, at a corner site, the measured distance shall be 4.5 metres.
4.27 WATER
4.27.1 No development or use of land shall be permitted where the proposal will adversely affect domestic
and municipal water supplies, or where a suitable, potable water supply cannot be furnished to the
requirements of the Regional Health Authority and the Saskatchewan Water Security Agency.
4.28 REMOVAL OF EXISTING TREES
4.28.1 To protect against slope instability and to preserve existing vegetation within the Municipality, the
removal of any healthy mature tree, outside of any approved proposed building footprint or which
does not directly interfere with a proposed development, shall be prohibited.
4.28.2 Notwithstanding Section 4.28.1 above, the removal of any tree within the Resort Village of Manitou
Beach may be permitted at council's discretion.
Resort Village of Manitou Beach Zoning Bylaw
63
5 SPECIAL REGULATION AND STANDARDS
5.1 ABOVE-GROUND FUEL STORAGE TANKS
(1)
Above-ground fuel storage tanks which meet the standards of the National Fire Code may
be permitted in association with service stations, gas bars and other permitted commercial
uses where the dispensing of fuel to vehicles is a standard aspect of the use.
(2)
The total storage capacity for above-ground fuel storage tanks on any single service station
or gas bar shall not exceed the regulations and requirements set out by the National Fire
Code.
(3)
Above-ground fuel storage tanks shall be:
(a)
located at least 3 metres from any property line or building, unless the tank has a
capacity of 5,000 litres or less, in which case it shall be located at least 1 metre
from same;
(b)
located at least 6 metres from any property line or building in the case of a tank
used in association with a service station or gas bar;
(c)
separated from each other and be accessible for firefighting purposes to the
satisfaction of the Development Officer; and,
(d)
located at least 15 metres from the boundary of any site where the principal use is
residential.
(4)
The dispensing equipment associated with above-ground fuel storage tanks shall be located
at least 3 metres from any property line or 6 metres from any property line in the case of a
service station or gas bar, at least 7.5 metres from any open flame or other ignition source,
and at least 4.5 metres from any door or window.
(5)
Above-ground fuel storage tanks shall be protected from vehicles with suitable posts,
bollards, guardrails or other similar means.
(6)
At service stations and gas bars, above-ground fuel storage tanks which are located in view
of a front or flanking street shall be landscaped or screened to the satisfaction of the
Development Officer.
(7)
The maximum height of an above-ground fuel storage tank shall be limited to the maximum
permitted height of a free-standing sign in the zoning district.
(8)
Painted lettering or other forms of signage may be located on above-ground fuel storage
tanks subject to the sign regulations in the zoning district.
64
Resort Village of Manitou Beach Zoning Bylaw
5.2 ADULT DAY CARE FACILITIES, RESIDENTIAL CARE HOMES AND CUSTODIAL CARE
FACILITIES
(1)
Adult day care facilities, residential care homes, and custodial care facilities may be
approved as an ancillary use or as a principal use.
(2)
In any Residential district, no exterior alterations shall be undertaken to a dwelling or
former dwelling which would be inconsistent with the residential character of the building,
property, or streetscape.
(3)
Required parking spaces shall not be located in a required front yard.
(4)
No building or structure used for the purpose of a custodial care facility or a residential
care home shall also be used for the purpose of keeping boarders or lodgers.
(5)
Section 3.9 of this Bylaw shall apply to the review and approval of adult day care facilities,
residential care homes, or custodial care homes that are listed as discretionary uses.
5.3 BED AND BREAKFAST HOMES
(1)
A bed and breakfast home may be located in a detached one unit dwelling or in a two-unit
dwelling. No exterior alterations shall be undertaken which would be inconsistent with the
residential character of the building, property, or streetscape.
(2)
Where otherwise permitted, required parking spaces may be located in a front yard.
(3)
Section 3.9 of this Bylaw shall apply to the review and approval of bed and breakfast homes
that are listed as discretionary uses.
(4)
The operator of the bed and breakfast lodging may advertise with a small, static sign subject
to Section 4.21.
5.4 BULK FERTILIZER OPERATIONS
(1)
Bulk fertilizer operations shall meet the standards of the National Fire Code of Canada and
all other relevant codes and regulations with respect to bulk fertilizer operations as required
by the Province of Saskatchewan, including the Canadian Fertilizer Industry Storage and
Handling Guidelines, 2001.
5.5 CAMPGROUNDS AND TOURIST CAMPS
(1)
The applicant for a development permit for a campground or tourist camp shall provide the
Development Officer with a plan of the site, identifying any buildings, uses of land and the
location of all roadways and recreation vehicle or tent campsites with dimensions. The
addition or rearrangement of sites, the construction or moving of buildings, the material
change in use of portions of land, or the filling or clearing of land shall require a
development permit, and the applicant shall submit for approval an amended plan
incorporating the proposed development.
Resort Village of Manitou Beach Zoning Bylaw
65
(2)
A campground or tourist camp shall have, within its boundaries, a buffer area abutting the
boundary of not less than 2 metres in width, which shall:
(i)
have a minimum width of not less than 2 metres, which shall contain no buildings
or structures, except for a fence to a maximum height of 2 metres, provided it is
located on the exterior boundary of the buffer area; and
(ii)
not contain any roads, except those which connect a public roadway to the road
system within the campground or tourist camp.
(3)
A site for each recreation vehicle and campsite permitted in the campground or tourist
camp shall be designated and clearly marked on the ground.
(4)
Each site shall have a minimum area of 150 square metres and shall not exceed 300 square
metres in area with its corners clearly marked.
(5)
No portion of any campsite shall be located within an internal roadway or required buffer
area.
(6)
Each site shall have direct and convenient access to a developed internal roadway, which
shall not be located in any required buffer area.
(7)
Each recreation vehicle shall be located at least 4.5 metres from any other recreation
vehicle and each site shall have dimensions, location and orientation sufficient to allow for
such location of recreation vehicles.
(8)
The space provided for roadways within a campground or tourist camp shall be at least 7.5
metres in width. No portion of any site, other use or structure shall be located in any
roadway.
(9)
A campground or tourist camp may include, as an ancillary use, a laundromat or a
confectionary designed to meet the needs of occupants of the sites and a one unit dwelling
for the accommodation of the operator.
(10)
The Public Health Act, and regulations passed thereunder, shall be complied with in respect
of all operations and development of campgrounds.
(11)
Privacy fences may be utilized in areas where natural vegetation does not provide privacy
and shall be kept in good state of repair so as not be become unsafe, unsightly or a fire
hazard. Tarps (canvas, poly, plastic) shall not be used as a privacy fence.
(12)
Parking of vehicles is prohibited on roadways. Campsites shall have adequate space to
accommodate at least:
(i)
One (1) vehicle where the raised patio/deck is 100 square feet or less; or
(ii)
Two (2) vehicles where the raised patio/deck is over 100 square feet.
(13)
Construction of verandahs, trailer hoods and pole structures on sites is prohibited.
66
Resort Village of Manitou Beach Zoning Bylaw
(14)
The campground operator may designate sites for seasonal use for recreational vehicles.
On such seasonal sites the following shall be permitted only if the designated site size will
accommodate such structures and not impede campsite parking requirements:
(i)
Raised patios, decks, sidewalks not more than 9.3m2 in size, and 0.4 metres above
grade level as measured at the outside edge of the patio, deck or sidewalk shall be
permitted on a site and constructed in a fashion that does not prohibit the
recreational vehicle from being hooked up and moved out without effort. Permits
shall not be required from the municipality for decks that comply with the said
regulations and shall be regulated by the campground operator.
(ii)
One accessory building no larger than 9.3 square metres, with walls not exceeding
2.5 metres and a roof peak not exceeding 3.67 metres shall be permitted where the
site area will accommodate. An accessory building shall not abut the recreational
vehicle, shall be located at least 4.5 metres from any accessory building or
recreational vehicle located on the adjacent site and have a finished exterior. Where
the accessory building is of metal or self-extinguishing vinyl construction the
accessory building may be located at least 1.5 metres from any accessory building
or recreational vehicle located on the adjacent site and shall be regulated by the
campground operator.
(iii)
One barbeque shelter no larger than 9.3 square metres with walls not exceeding
2.5 metres and a roof peak not exceeding 3.67 metres.
5.6 CANNABIS RETAIL STORES
(1)
Cannabis retail stores shall maintain a minimum setback of 150 metres from schools,
licensed daycares and public parks and playgrounds. This setback is measured from the
building wall of the cannabis retail store to the boundary of the school, licensed daycare or
public playground / park.
5.7 CANNABIS PRODUCTION FACILITIES
(1)
Cannabis production facilities shall be located on sites where it can be demonstrated that
the use and intensity of use is appropriate to the site and that it will have minimal impact
on the surrounding, adjacent areas of the Resort Village. Consideration may be given, but
are not limited to, the following effects:
(a)
Municipal servicing capacity;
(b)
Anticipated levels of noise, odor, smoke, fumes, dust, lighting, glare, vibration, or
other emissions emanating from the operation;
(c)
Anticipated increased levels or types of vehicle traffic, unsafe conditions, or
situations for vehicles, cyclists, or pedestrians; and
(d)
Utilization of hazardous substances.
Resort Village of Manitou Beach Zoning Bylaw
67
5.8 DAY CARE CENTRES AND PRE-SCHOOLS
(1)
Day care centres and pre-schools may be approved as an ancillary use or as a principal use.
In any Residential district, no exterior alterations shall be undertaken to a dwelling or
former dwelling which would be inconsistent with the residential character of the building,
property, or streetscape.
(2)
Required parking spaces shall not be located in a front yard and shall comply with all
requirements in section 4.16.
(3)
In addition to the development standards contained within the zoning district, Section 3.9
of this Bylaw shall apply to the review and approval of day care centres and pre-schools
that are listed as discretionary uses.
5.9 DWELLING GROUPS
(1)
The minimum side yard shall be measured from the closest main wall of the principal
building closest to the side site line.
(2)
All principal buildings forming part of the dwelling group shall be located at least 1.5 m
from any other principal building in the group.
(3)
Council may apply special development standards to reduce conflict with neighbouring
uses. These special development standards may include increased setback requirements,
enhanced landscaping and fencing, the location and screening of parking areas, and the
location of vehicular access points.
5.10 FAMILY CHILD CARE HOMES
(1)
Family child care homes may be approved as an accessory use to a dwelling.
(2)
A family child care home shall provide at least 3.25 m2 of fenced on-site outdoor play space
for each child present in the facility at one time.
(3)
In any residential district, no exterior alterations shall be undertaken to a dwelling which
would be inconsistent with the residential character of the building or property.
5.11 GARDEN AND GARAGE SUITES
(1)
No more than one garden or garage suite accessory to a single detached dwelling shall be
allowed per site. No garden or garage suite shall be permitted on a site which contains a
secondary suite.
(2)
The maximum floor area of a garden or garage suite shall not exceed the area of the
principal dwelling or 93 m2, whichever is less.
(3)
Garden and garage suites shall have a full bathroom, kitchen, and a maximum of two
bedrooms.
68
Resort Village of Manitou Beach Zoning Bylaw
(4)
No more than four persons are allowed to occupy any garden or garage suite.
(5)
All habitable areas of a garden or garage suite shall be above grade.
(6)
Condominium plans to provide a separate title for a garden or garage suite shall not be
approved.
(7)
The maximum building height of a garden suite shall be 4.3 m and shall not exceed one
storey in height. The maximum height of a garage suite shall be 5.25 m or the height of
principal dwelling, whichever is less.
(8)
Garden and garage suites shall be located in the rear yard and shall be setback a minimum
of 4.0 metres from the principal dwelling.
(9)
The minimum side yard setback for a garden or garage suite shall be the same as the side
yard requirements of the principal building, including corner lots.
(10)
The minimum rear yard setback for a garden or garage suite shall be 1.5 m. The
minimum rear yard setback may be reduced to 1.2 m on sites with a rear lane.
(11)
No portion of a garage or garden suite may be located on, under or over a registered
easement.
(12)
The cumulative floor area of a garden or garage suite and all accessory buildings located
in a rear yard shall not occupy more than 50% of the rear yard.
(13)
Windows and doors in garden or garage suites shall be of a size and in locations which
will not result in the loss of privacy for residents of adjacent sites.
(14)
Mechanical units such as air conditioners and vents shall be located so as not to constitute
a nuisance to adjacent properties.
(15)
One parking space shall be provided for each dwelling unit on the site. On sites with a
rear or side lane, the parking space for the garden or garage suite shall be accessed from
said lane.
(16)
The site plan submitted for a garden or garage suite must include details regarding utility
service connections. The site plan must be approved by the Resort Village and by all
utility agencies which provide services to the site.
(17)
Sites containing garden or garage suites shall be adequately drained. A site drainage plan
shall be submitted to the Resort Village.
(18)
A building permit is required for garden or garage suites which shall comply with all
relevant building, plumbing and development codes.
(19)
Wherever possible, there should be only one water service from the street to the principal
dwelling and the garden or garage suite.
Resort Village of Manitou Beach Zoning Bylaw
69
5.12 GEOTHERMAL ENERGY SYSTEMS
(1)
All plumbing, reservoirs and pumps and other requirements associated with Geothermal
Energy Systems shall require plumbing, electrical and building permits, as required, and
shall meet all applicable requirements of the National Building Code.
(2)
Plans for Geothermal Energy Systems shall be stamped by a qualified professional
engineer or have the system and installation certified by an accredited member of the
Canadian GeoExchange Coalition.
(3)
Geothermal Energy Systems shall comply with CSA Standard C448 and subsequent
amendments. Exceptions may be allowed, at the discretion of the Resort Village, provided
documented proof is provided that shows that the exception meets or exceeds CSA
Standard C488.
(4)
All Geothermal Energy Systems shall be a closed loop system. Open loop systems shall
not be permitted.
(5)
Heat transfer fluids used within a Geothermal Energy System shall be the most
environmentally friendly type available at the time of installation, such as propylene glycol.
In no case may an ethylene glycol based fluid be used, nor shall any flammable or
combustible agent such as methanol, ethanol, natural gas, or propane be used.
(6)
Brand names or advertising associated with a Geothermal Energy System or the system's
installation shall not be visible from any public area or roadway.
(7)
Upon abandonment or termination of any Geothermal Energy System, the facility and
components associated with the use of the system, above grade and 0.6 m below grade,
shall be removed and the site restored at the owner's expense.
(8)
Only vertical geothermal energy systems will be permitted.
(9)
All components of the Geothermal Energy System must be a minimum of 0.6 metres away
from any property line.
5.13 HOME BASED BUSINESSES
(1)
All applications for home based businesses must be considered as Type I or Type II. The
development standards for Type I and Type II home based businesses are contained in sub-
sections (4) and (5), respectively.
(2)
Without limiting the authority of the Development Officer to approve other types of home
based business applications, the following uses are specifically permitted as home based
businesses, subject to the applicable development standards within sub-sections (4) and
(5):
(a)
art restoration;
(b)
beauty parlours, barber shops;
70
Resort Village of Manitou Beach Zoning Bylaw
(c)
the creation of crafts for sale off-site, such as novelties and souvenirs, corsage and
flower arrangements, gift baskets, and other handicrafts including but not limited
to ceramics, pottery, leather goods and jewellery;
(d)
dressmaker, seamstress, or tailor;
(e)
electrology, acupuncture, reflexology, and massage therapy;
(f)
the instruction of art, dancing, or music, limited to no more than three students at
a time;
(g)
office of a professional, or one who offers skilled services to clients and is not
engaged in the sale of goods or products to clients;
(h)
photography studios;
(i)
typing, word processing, and computer programming services;
(j)
Animal grooming.
(3)
Without limiting the authority of the Development Officer to deny applications for other
types of home based businesses which do not meet the requirements of this Bylaw, the
following uses are prohibited as home based businesses, whether or not applications for
such uses would otherwise comply with the applicable standards of this Bylaw:
(a)
businesses utilizing large power tools and machinery, or businesses involved in the
mass production of similar items or products;
(b)
health or fitness clubs;
(c)
headquarters or base of operations of a taxi, trucking, delivery, or towing
operation;
(d)
hotels, motels and hospitals;
(e)
laundry services;
(f)
motion picture or recording studios;
(g)
the painting, repairing, refitting, cleaning, refurbishing, or selling of motor vehicles
or machinery;
(h)
rental services;
(i)
veterinary services, boarding or grooming of animals;
(j)
welding or metal works;
(k)
any use that creates noise, vibration, smoke, dust, odour, air pollution, heat, glare,
bright light, hazardous or unacceptable waste, or electrical, television, or radio
interference detectable by sensory perception or by scientific instruments at or
Resort Village of Manitou Beach Zoning Bylaw
71
beyond the boundaries of the building or beyond the unit walls within a multiple
unit dwelling.
(4)
The following development standards shall apply to all Type I home based businesses:
(a)
No persons other than residents of the dwelling shall be employed in the home
based businesses on the site.
(b)
Home based businesses shall be conducted entirely indoors, and no more than 20%
of the gross floor area of the dwelling, including the area of the basement and any
attached garage, up to a maximum of 30 m2, may be occupied by home based
businesses.
(c)
An attached garage or detached accessory building may be occupied by a home
based business, provided that the total area devoted to home based businesses does
not exceed 30 m2 on the site, and that no required parking spaces associated with
the principal use are occupied by home based businesses.
(d)
There shall be no exterior storage on the site in relation to the home based business,
and no exterior alterations shall be permitted that are not consistent with the
residential character of the buildings and property.
(e)
No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or radio
interference detectable beyond the boundaries of the building containing the home
based business shall be produced.
(f)
No more than one business related vehicle and one business related trailer, each
with a gross vehicle weight of no more than 5,000 kg and a total length of no more
than 6.0 metres, may be stored on or in the vicinity of the site.
(g)
Regardless of the number of home based businesses that may be located on any
one site, no deliveries of merchandise, goods or equipment shall be made to the
businesses by a vehicle with a gross vehicle weight of more than 5,000 kg, or by a
vehicle with a total length of more than 6.0 metres.
(h)
A total of no more than 2.0 cubic metres of storage may be permitted within a
dwelling on any one site, and a total of no more than 4.0 cubic metres of storage
may be permitted within an attached or detached accessory building in relation to
home based businesses. No storage of hazardous, explosive or flammable materials
shall be permitted in relation to a home based business.
(i)
Where the operator of a home based business is not the owner of the subject
property, the operator shall provide to the Resort Village a letter of authorization
from the owner of the subject property. Where a home based business is proposed
for a dwelling which is part of a condominium, the owner shall provide to the
Resort Village a letter of authorization from the condominium board.
72
Resort Village of Manitou Beach Zoning Bylaw
(5)
The following development standards shall apply to all Type II home based businesses:
(a)
In accordance with the definition of a Type II home based business, no more than
one non-resident person shall be employed in relation to home based businesses
on any one site.
(b)
Home based businesses shall be conducted entirely indoors, and no more than 20%
of the gross floor area of the dwelling, including the area of the basement and any
attached garage, up to a maximum of 40 m2, may be occupied by home based
businesses.
(c)
An attached garage or detached accessory building may be occupied by home
based businesses, provided that the total area devoted to home based businesses
does not exceed 58 m2 on the site, and that no required parking spaces associated
with the principal use are occupied by home based businesses.
(d)
There shall be no exterior storage on the site in relation to the home based business,
and no exterior alterations shall be permitted that are not consistent with the
residential character of the building and property.
(e)
No noise, vibration, smoke, dust, odours, heat, glare, electrical, television or radio
interference detectable beyond the boundaries of the building containing the home
based business shall be produced.
(f)
One off-street parking space shall be required for a non-resident employee, and, if
otherwise permitted, this space may be located in a required front yard. Additional
off-street parking spaces may be required, where in the opinion of the
Development Officer, due to the nature of the business or the site, the provision of
parking is necessary to maintain the residential character of the area. The siting
and screening of all required parking spaces shall be undertaken to the satisfaction
of Council.
(g)
No more than one business related vehicle and one business related trailer, each
with a gross vehicle weight of no more than 5,000 kg and a total length of no more
than 6.0 metres, may be stored on or in the vicinity of the site.
(h)
Regardless of the number of home based businesses that may be located on any
one site, no deliveries of merchandise, goods or equipment shall be made to the
businesses by a vehicle with a gross vehicle weight of more than 5,000 kg, or by a
vehicle with a total length of more than 6.0 metres.
(i)
A total of no more than 2.0 cubic metres of storage may be permitted within a
dwelling on any one site, and a total of no more than 4.0 cubic metres of storage
may be permitted within an attached or detached accessory building in relation to
home based businesses. No storage of hazardous, explosive or flammable
materials shall be permitted in relation to a home based business.
Resort Village of Manitou Beach Zoning Bylaw
73
(j)
Where the operator of a home based business is not the owner of the subject
property, the operator shall provide to the Resort Village a letter of consent from
the owner of the subject property. Where a home based business is proposed for a
dwelling which is part of a condominium, the owner shall provide to the Resort
Village a letter of consent from the condominium board.
5.14 KENNELS (BOARDING AND BREEDING)
(1)
An outdoor area must be provided for animals to run free, without being chained, in an area
enclosed by a fence which provides safety for the animals and neighbours to the satisfaction
of Council.
(2)
Outdoor animal enclosures may not be located in front yards.
(3)
The maximum number of animals not normally attributed to the host site to be kept on site
shall be at the discretion of council
5.15 MANUFACTURED HOME COURTS
(1)
Road rights-of-way within manufactured home courts shall be at least 15 m in width, with
hard-surfaced roadways of a minimum 6 m in width, and drained.
(2)
A minimum of 10% of the area of the manufactured home court shall be set aside as
communal open space or devoted to recreational facilities.
(3)
The Public Health Act, 1994, and the regulations passed thereunder, shall be complied with
in respect to all operations and development of a manufactured home court.
5.16 MULTIPLE UNIT DWELLING
(1)
Multiple unit dwellings shall be of size, scale and outward appearance consistent with the
character of the neighbourhood;
(2)
Multiple unit dwellings containing 5 or more units shall provide landscaping that is
compatible with the neighbourhood's residential properties and shall be consistent with the
character of the neighbourhood.
(3)
Up to two required parking and loading spaces may be located in the required yard and the
remainder shall be located in side or rear yards.
(4)
Unless otherwise directed by this bylaw, garbage and waste material shall be stored in
weatherproof and animal-proof containers and shall be visually screened from all adjacent
sites and public thoroughfares.
74
Resort Village of Manitou Beach Zoning Bylaw
5.17 PARKING LOTS
(1)
No sign of any kind, other than those designating the parking lot name, entrances, exits, or
conditions of use, may be erected or maintained.
(2)
All lighting fixtures must be oriented in a manner to direct the light away from adjacent
lots.
(3)
The lot must provide adequate drainage as determined by the Resort Village to dispose of
all surface water.
(4)
Parking lots shall be landscaped to improve the visual appearance of the site.
(5)
Where parking lot abuts a residential property boundary a minimum landscape buffer of
2.0 metres which, complies with the requirements contained in Section 4.12, shall be
provided.
5.18 PRIVATE GARDENS
Private gardens may be approved as a principal use within R-SF, C-BF and C-G districts, subject to the
following:
(1)
Private gardens shall only be approved on existing vacant sites.
(2)
Accessory buildings shall be limited to a maximum of 9.2 m2 and shall not be placed on a
permanent foundation.
5.19 SECONDARY SUITES
(1)
No more than one secondary suite shall be located in any single detached dwelling. No
secondary suite shall be permitted on a site which contains a garden or garage suite.
(2)
No more than two bedrooms are allowed for any secondary suite.
(3)
No more than three persons are allowed to occupy any secondary suite.
(4)
One off-street parking space is required for any secondary suite in addition to the required
parking for the principal residential building on the site. The required parking space for
any secondary suite shall not be located in a required front yard, unless the subject site has
no access to a rear lane, and shall be paved and screened.
(5)
Any secondary suite shall comply with the requirements of the National Building Code,
subject to the approval of the Municipal Building Official.
(6)
The floor area occupied by a secondary suite shall be considered as part of the principal
dwelling. Any secondary suite shall not be separated from the principal building through
condominium conversion or subdivision of land.
(7)
In order to accommodate a secondary suite, a single detached dwelling must have a gross
floor area, including the area of any basement, of at least 100 m2.
Resort Village of Manitou Beach Zoning Bylaw
75
(8)
The maximum floor area of a secondary suite shall be no more than 50% of the gross floor
area, including the area of the basement, of the building in which it is located, or 93 m2,
whichever is the lesser.
(9)
The exterior finishing of a secondary suite shall be consistent with the exterior of the
remainder of the principal dwelling to give the entire building the appearance of a single
dwelling.
(10)
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.
5.20 SERVICE STATIONS AND GAS BARS
(1)
Fuel pumps and other apparatus for dispensing or storage of fuel, located all or partly above
grade level, shall be at least six metres from a site line.
(2)
All automobile parts, dismantled vehicles and similar articles or equipment are to be stored
within a building.
(3)
Where service stations occupy a corner site, only one access point shall be on the flanking
street.
(4)
Where operated as the principal use on a site, gas bars are subject to the regulations and
standards for service stations.
(5)
Where a gas bar is allowed to operate in conjunction with another use on a site, the
following standards and regulations apply:
(a)
All fuel pumps and above ground storage tanks shall be at least six metres from
any building on the site or any site line;
(b)
The site shall have at least two separate entrances for vehicles, at least 15 metres
apart; and,
(c)
Sites shall be designed so that the delivery and unloading of bulk fuel shall not
obstruct access to the fuel pumps or create obstructions on any adjacent street.
5.21 SOLAR ENERGY SYSTEMS
(1)
The installation and operation of solar energy systems, and their supporting structures, shall
be permitted in all zoning districts subject to the following:
(a)
In all districts Solar energy systems shall not be located in any required front or
side yards. In the case of a corner site, solar energy systems shall not be placed in
any portion of the rear yard which is within 3.0 metres of the side property line
adjacent to a flanking street.
76
Resort Village of Manitou Beach Zoning Bylaw
(b)
All freestanding solar structures shall be placed a minimum of 1.2x the total height
of the structure away from any site line, and in no case shall the total height of the
system exceed the height of the principal building.
(c)
In any district, if attached to a building, the solar energy system shall not exceed
the maximum permitted height of the building the system is attached to.
(d)
A development permit is required for:
(i) Any free-standing solar energy system.
(ii) Any Solar energy system being attached to an existing roof or
wall structure.
5.22 TEMPORARY RELOCATABLE WORK CAMPS
Temporary relocatable work camps may be approved as a discretionary use and are subject to the
following:
(1)
Existing natural buffers (e.g. trees, natural topography, etc.) shall be maintained, where
possible.
(2)
Required road upgrades to support traffic generated by the temporary camp shall be the
responsibility of the applicant.
(3)
The site shall provide for adequate parking to accommodate the temporary camp residents
and associated support workers, to the satisfaction of Council.
Resort Village of Manitou Beach Zoning Bylaw
77
6 ZONING DISTRICTS
6.1 CLASSIFICATION OF ZONING DISTRICTS
In order to carry out the purpose and provisions of this Bylaw, the Resort Village is divided into
the following zoning districts, the boundaries of which are shown on the "Zoning District Map".
Such districts may be referred to by the appropriate symbols.
Districts
Symbols
Single Family Residential
R-SF
Multiple Family Residential
R-MF
General Commercial
C-G
Highway Commercial
C-HY
Beach Front Commercial
C-BF
Community Service
M-CS
Future Urban Development
FUD
6.2 THE ZONING DISTRICT MAP
The map, bearing the statement "This is the Zoning District Map referred to in Bylaw No. _____
adopted by the Council and signed by the Mayor and Chief Administrative Officer, and under the
seal of the Resort Village shall be known as the "Zoning District Map" and such map is declared
to be an integral part of this Bylaw.
6.3 BOUNDARIES OF ZONING DISTRICTS
6.3.1
The boundaries of such districts referred to, together with explanatory legend, notation and
reference, are shown on the map entitled "Zoning District Map".
6.3.2
All streets, lanes and road allowances, if not otherwise specifically designated, shall be deemed to
be in the same zoning district as the property immediately abutting upon such streets, lanes and
road allowances. If the land abutting each side of a street, lane or road allowance is located in
different zoning districts, the centre line of such street, lane or road allowance shall be deemed to
be the district boundary, unless otherwise specifically designated.
6.3.3
Streets, lanes, and road allowances which are shown on the Zoning District Map and which have
been permanently closed pursuant to Section 13 of The Municipalities Act, shall be in the same
district as the land abutting both sides of the permanently closed street, lane or road allowance. If
the land abutting each side of the permanently closed street, land or road allowance was located in
different zoning districts before the said street, lane or road allowance was permanently closed, the
centre line of such permanently closed street, lane or road allowance shall be deemed to be the
district boundary, unless otherwise specifically designated.
6.3.4
On un-subdivided land, the zoning district boundary shall be determined by the scale shown on the
Zoning District Map.
78
Resort Village of Manitou Beach Zoning Bylaw
6.4 ZONING DISTRICTS
The uses or forms of development allowed within a zoning district, along with regulations or
standards which apply, are contained in the District Schedules in Section 7.
6.5 TRANSITIONAL ZONING PROVISIONS
Buildings lawfully existing at the time of the approval of this Bylaw shall be limited in terms of
site width, front and rear yard setback, site coverage and off-street parking and loading
requirements to the regulations of the zoning district in which they are located, or to their current
dimensions, whichever is the least restrictive.
6.6 PROPERTIES WITH MORE THAN ONE ZONING DISTRICT
Where a site or lot is divided into more than one zoning district, the development and use of any
portion of the site shall be in accordance with the requirements of the applicable zoning district and
subject to Section 4.3 herein.
Resort Village of Manitou Beach Zoning Bylaw
79
7 DISTRICT SCHEDULES
7.1 R-SF - SINGLE FAMILY RESIDENTIAL DISTRICT
7.1.1
Purpose
The purpose of the R-SF - Single Family Residential district is to provide for residential
development in the form of single detached dwellings and other compatible uses.
7.1.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-1.
7.1.3
Accessory Uses
7.1.4
Standards and Regulations
Site and building requirements are shown in Table 7-1.
7.1.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the R-SF district with respect to Section
3.8.3 - General Discretionary Use Evaluation Criteria, Section 3.8.4 - Use Specific Discretionary
Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development
standards that follows in this section.
7.1.6
Exceptions to Development Standards
(1)
The total permitted site coverage may be increased for attached covered patios and decks
or attached enclosed swimming pools by the percentage of the area covered by such patio,
deck or swimming pool, but the total site coverage shall not exceed 60%.
7.1.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.16.
Accessory Building and Uses Including:
Subject to Section
Designation
(1)
Accessory Buildings and Structures
4.1
Permitted
(2)
Garage and Yard Sales
4.10
Permitted
(3)
Trailer Coaches and Tents
4.25
Discretionary
(4)
Adult Day Care, Residential Care Homes and
Custodial Care Facilities
5.2
Discretionary
(5)
Bed and Breakfast Homes
5.3
Discretionary
(6)
Day Care Centres and Pre-schools
5.8
Discretionary
(7)
Family Child Care Homes
5.10
Discretionary
(8)
Garden and Garage Suites
5.11
Discretionary
(9)
Home Based Businesses
5.13
Permitted
(10) Secondary Suites
5.19
Discretionary
80
Resort Village of Manitou Beach Zoning Bylaw
7.1.8
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.18.
7.1.9
Landscaping
Landscaping is subject to Section 4.12.
Resort Village of Manitou Beach Zoning Bylaw
81
Table 7-1:
R-SF -Single Family Residential District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site
Cvg (%)
Residential Uses
Manufactured Dwellings
D
- -
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(1)(2)
(4.0 ft)
74
(797 ft2)
9.0(7)
(29.5 ft)
50
Multiple unit dwellings (apartments)
D
3.8.4 (3), 5.16
877.5
(9,440 ft2)
22.5
(73.8 ft)
6
(19.7 ft)
6
(19.7 ft)
2.5(3)
(8.2 ft)
- -
9.0(7)
(29.5 ft)
50
Multiple unit dwellings (Townhouses)
D
3.8.4 (3), 5.16
170/unit
(1,830 ft2)
5/unit(4)
(16.4 ft)
6
(19.7 ft)
6
(19.7 ft)
1.8(3)
(5.9 ft)
- -
9.0(7)
(29.5 ft)
50
Residential care homes - type I
D
5.2
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(1)(2)
(3.9 ft)
- -
9.0(7)
(29.5 ft)
50
Residential care homes - type II
D
5.2
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(1)(2)
(3.9 ft)
- -
9.0(7)
(29.5 ft)
50
Semi-detached dwellings
D
- -
297.5
(3,202 ft2)
7.5/unit(6)
(27.9 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(1)(2)
(3.9 ft)
42/unit
(452 ft2)
9.0(7)
(29.5 ft)
50
Single detached dwellings
P
- -
200
(2,152 ft2)
9
(30 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(1)(2)
(3.9 ft)
74
(797 ft2)
9.0(7)
(29.5 ft)
50
Small single detached dwellings
D
- -
200
(2,152 ft2)
9
(30 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(1)(2)
(3.9 ft)
20
(215 ft2)
9.0(7)
(29.5 ft
50
Two-unit dwellings
D
- -
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(1)(2)
(3.9 ft)
- -
9.0(7)
(29.5 ft)
50
Commercial Uses
Adult day care - type I
D
5.2
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(1)(2)
(3.9 ft)
- -
9.0(7)
(29.5 ft)
50
Adult day care - type II
D
5.2
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(1)(2)
(3.9 ft)
- -
9.0(7)
(29.5 ft)
50
Convenience stores
D
- -
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(1)(2)
(3.9 ft)
- -
9.0(7)
(29.5 ft)
50
82
Resort Village of Manitou Beach Zoning Bylaw
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning district subject to the regulations contained
in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application to, and approval of the Council; and which
complies with the development standards, as required by Council, and contained in this zoning bylaw.
Table 7-1:
R-SF -Single Family Residential District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site
Cvg (%)
Coffee Shops
D
- -
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(1)(2)
(3.9 ft)
- -
9.0(7)
(29.5 ft)
50
Bakeries
D
- -
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(1)(2)
(3.9 ft)
- -
9.0(7)
(29.5 ft)
50
Daycare centres and preschools
D
5.8
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(1)(2)
(3.9 ft)
- -
9.0(7)
(29.5 ft)
50
Community Service, Municipal, Recreational, Institutional and Other Uses
Community centres
D
3.8.4 (1)
500
(5,382 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
3.5(5)
(11.5 ft)
- -
9.0(7)
(29.5 ft)
50
Private gardens
D
5.18
- -
- -
6
(19.7 ft)
- -
1.2(1)(2)
(3.9 ft)
- -
- -
- -
Cultural institutions
D
3.8.4 (1)
500
(5,382 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
3.5(5)
(11.5 ft)
- -
9.0(7)
(29.5 ft)
50
Municipal facilities
P
- -
- -
- -
- -
- -
- -
- -
- -
- -
Parks and playgrounds
P
- -
- -
- -
- -
- -
- -
- -
- -
- -
Places of worship
D
3.8.4 (1)
500
15
6
(19.7 ft)
6
(19.7 ft)
3.5(5)
- -
9.0(7)
(29.5 ft)
50
Public works excluding offices, warehouses, storage
yards and sewage lagoons
P
- -
- -
- -
- -
- -
- -
- -
- -
- -
Resort Village of Manitou Beach Zoning Bylaw
83
Special limitations and standards regarding Table 7-1 and the R-SF district:
(1) for 2 & 2.5 storey dwellings 1.8 metres
(2) on a corner site, regardless of height 3.0 metres
(3) except for corner sites, where it shall be 3.0 metres along the flanking street
(4) except for end units which shall be 6.0 metres
(5) or ½ the size of the side wall of the building, whichever is greater
(6) except on corner lots where it shall be 8.5 metres
(7) Maximum of 2.5 stories
84
Resort Village of Manitou Beach Zoning Bylaw
7.2 R-MF - MULTIPLE FAMILY RESIDENTIAL DISTRICT
7.2.1
Purpose
The purpose of the R-MF - Multiple Family Residential District is to provide for residential development
in the form of single detached, semi-detached, two-unit dwellings, multiple unit dwellings, dwelling
groups and other compatible uses.
7.2.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-2.
7.2.3
Accessory Uses
7.2.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 7-2.
7.2.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the R-MF district with respect to Section 3.8.3 -
General Discretionary Use Evaluation Criteria, Section 3.8.4 - Use Specific Discretionary Use Evaluation
Criteria, as may be applicable, and additional evaluation criteria and development standards that follows
in this section.
7.2.6
Exceptions to Development Standards
(1)
The total permitted site coverage may be increased for attached covered patios and decks or
attached enclosed swimming pools by the percentage of the area covered by such patio, deck or
swimming pool, but the total site coverage shall not exceed 60%.
7.2.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.16.
Accessory Building and Uses Including:
Subject to Section
Designation
(1)
Accessory Buildings and Structures
4.1
Permitted
(2)
Garages and Yard Sales
4.10
Permitted
(3)
Trailer Coaches and Tents
4.25
Discretionary
(4)
Adult Day Care, Residential Care Homes and
Custodial Care Facilities
5.2
Discretionary
(5)
Bed and Breakfast Homes
5.3
Discretionary
(6)
Day Care Centres and Pre-schools
5.8
Discretionary
(7)
Family Child Care Homes
5.10
Discretionary
(8)
Garden and Garage Suites
5.11
Discretionary
(9)
Home Based Businesses
5.13
Permitted
(10) Secondary Suites
5.19
Discretionary
Resort Village of Manitou Beach Zoning Bylaw
85
7.2.8
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.18.
7.2.9
Landscaping
Landscaping is subject to Section 4.12.
86
Resort Village of Manitou Beach Zoning Bylaw
Table 7-2:
R-MF - Multiple Family Residential District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site Cvg
(%)
Residential Uses
( Manufactured dwellings
D
- -
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(3)(4)
(3.9 ft)
74
(243 ft2)
11(6)
(36.1 ft)
50
( Manufactured home courts
D
5.15
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.5
(4.9 ft)
- -
11(6)
(36.1 ft)
50
( Multiple unit dwellings (apartments)
P
3.8.4 (3),
5.16
877.5
(9,440 ft2)
22.5
(73.8 ft)
6
(19.7 ft)
6
(19.7 ft)
2.5(3)
(8.2 ft)
- -
11(6)
(36.1 ft)
50
( Multiple unit dwellings (townhouses)
P
3.8.4 (3),
5.16
170/unit
(1,830 ft2) 5/unit(2)
6
(19.7 ft)
6
(19.7 ft)
1.8(3)
(5.9 ft)
- -
11(6)
(36.1 ft)
50
( Residential care homes - type I
D
5.2
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(3)(4)
(3.9 ft)
- -
11(6)
(36.1 ft)
50
( Residential care homes - type II
D
5.2
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(3)(4)
(3.9 ft)
- -
11(6)
(36.1 ft)
50
( Semi-detached dwellings
P
- -
255
(2,745 ft2) 7.5/unit(1)
6
(19.7 ft)
6
(19.7 ft)
1.2(3)(4)
(3.9 ft)
42
(138 ft2)
11(6)
(36.1 ft)
50
( Single detached dwellings
P
- -
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(3)(4)
(3.9 ft)
74
(243 ft2)
11(6)
(36.1 ft)
50
( Two-unit Dwellings
P
- -
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(3)(4)
(3.9 ft)
42
(138 ft2)
11(6)
(36.1 ft)
50
Commercial Uses
( Adult day care - type I
D
5.2
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(3)(4)
(3.9 ft)
- -
11(6)
(36.1 ft)
50
( Adult day care - type II
D
5.2
510
(5,490 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
1.2(3)(4)
(3.9 ft)
- -
11(6)
(36.1 ft)
50
( Convenience stores
D
- -
500
15
6
6
3.5(5)
- -
11(6)
50
Resort Village of Manitou Beach Zoning Bylaw
87
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning district subject to the regulations contained
in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application to, and approval of the Council; and which
Table 7-2:
R-MF - Multiple Family Residential District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site Cvg
(%)
(5,382 ft2) (49.2 ft)
(19.7 ft)
(19.7 ft)
(11.5 ft)
(36.1 ft)
( Offices and office buildings
D
- -
500
(5,382 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
3.5(5)
(11.5 ft)
- -
11(6)
(36.1 ft)
50
( Personal service shops
D
- -
500
(5,382 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
3.5(5)
(11.5 ft)
- -
11(6)
(36.1 ft)
50
Community Service, Municipal, Recreational, Institutional and Other Uses
( Ambulance stations
D
- -
500
(5,382 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
3.5(5)
(11.5 ft)
- -
11(6)
(36.1 ft)
50
( Private gardens
P
5.18
- -
- -
6
(19.7 ft)
- -
1.2(1)(2)
(3.9 ft)
- -
- -
- -
( Community centres
D
3.8.4 (1)
500
(5,382 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
3.5(5)
(11.5 ft)
- -
11(6)
(36.1 ft)
50
( Cultural institutions
D
3.8.4 (1)
500
(5,382 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
3.5(5)
(11.5 ft)
- -
11(6)
(36.1 ft)
50
( Health care clinics
D
- -
500
(5,382 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
3.5(5)
(11.5 ft)
- -
11(6)
(36.1 ft)
50
( Municipal facilities
P
- -
- -
- -
- -
- -
- -
- -
- -
- -
( Parks and playgrounds
P
- -
- -
- -
- -
- -
- -
- -
- -
- -
( Places of worship
D
3.8.4 (1)
500
(5,382 ft2)
15
(49.2 ft)
6
(19.7 ft)
6
(19.7 ft)
3.5(5)
(11.5 ft)
- -
11(6)
( ft)
50
( Public works excluding offices, warehouses,
storage yards and sewage lagoons
P
- -
- -
- -
- -
- -
- -
- -
- -
- -
88
Resort Village of Manitou Beach Zoning Bylaw
complies with the development standards, as required by Council, and contained in this zoning bylaw.
Special limitations and standards regarding Table 7-2 and the R-MF district:
(1) except on corner lots where it shall be 8.5 metres
(2) except for end units which shall be 6.0 metres
(3) except for corner sites, where it shall be 3.0 metres along the flanking street
(4) for 2 & 2.5 storey dwellings 1.8 metres, for 3 storey dwellings 2.5 metres
(5) or ½ the size of the side wall of the building, whichever is greater
(6) Maximum of three stories
Resort Village of Manitou Beach Zoning Bylaw
89
7.3 C-BF - BEACH FRONT COMMERCIAL DISTRICT
7.3.1
Purpose
The objective of the C-BF - Beach Front Commercial district is to facilitate compatible commercial
uses along the beach that are congruent with surrounding commercial facilities in both use and
appearance.
7.3.2
Permitted and Discretionary Use
Uses are listed and designated in Table 7-3.
7.3.3
Accessory Uses
7.3.4
Standards and Regulations
(1) Site and building requirements are shown in Table 7-3.
(2) Any proposed permitted or discretionary use within the C-BF District shall be designed in such
a manner as to promote pedestrian oriented development.
7.3.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the C-BF district with respect to Section
3.8.3 - General Discretionary Use Evaluation Criteria, Section 3.8.4 - Use Specific Discretionary
Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development
standards that follows in this section.
Commercial zones within the Resort Village are required to have pedestrian oriented design
features are elements that enhance the visual appeal and functionality of a building for people on
foot, bike, or other modes of active transportation.
7.3.6
Exceptions to Development Standards
7.3.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.16.
7.3.8
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.18.
Accessory Building and Uses Including:
Subject to Section
Designation
(1) Accessory Buildings and Structures
4.1
Permitted
(2) Adult Day Care, Residential Care Homes and
Custodial Care Facilities
5.2
Discretionary
(3) Day Care Centres
5.8
Discretionary
(4) Bed and Breakfast Homes
5.3
Discretionary
(5) Home Based Businesses
5.13
Permitted
90
Resort Village of Manitou Beach Zoning Bylaw
7.3.9
Landscaping
Landscaping is subject to Section 4.12.
Resort Village of Manitou Beach Zoning Bylaw
91
Table 7-3:
C-BF - Beach Front Commercial District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Maximum Bldg
Height (storeys)
Maximum Site
Coverage (%)
Commercial Uses
(1)
Bakeries with retail sales
D
- -
400
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
2(2)
60
(2)
Cannabis retail store
D
5.6
400
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
2(2)
60
(3)
Commercial recreation facilities, excluding golf courses
D
- -
800
(8,611 ft2)
30
(98.4 ft)
(1)
(1)
(1)
2(2)
60
(4)
Convenience stores
D
- -
400
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
2(2)
60
(5)
Daycare centres and preschools
D
5.8
400
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
2(2)
60
(6)
Fitness centres
D
- -
800
(8,611 ft2)
30
(98.4 ft)
(1)
(1)
(1)
2(2)
60
(7)
Health care clinics
D
- -
800
(8,611 ft2)
30
(98.4 ft)
(1)
(1)
(1)
2(2)
60
(8)
Hotels and motels
D
- -
1,200
(12,917
ft2)
30
(98.4 ft)
(1)
(1)
(1)
2(2)
60
(9)
Medical, dental and optical labs
D
- -
800
(8,611 ft2)
30
(98.4 ft)
(1)
(1)
(1)
2(2)
60
(10)
Parking lots
D
5.17
400
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
2(2)
60
(11)
Personal service shops
D
- -
400
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
2(2)
60
(12)
Photography studios
D
- -
400
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
2(2)
60
(13)
Restaurants, with or without associated lounges
D
- -
400
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
2(2)
60
(14)
Retail stores
D
- -
400
15
(1)
(1)
(1)
2(2)
60
92
Resort Village of Manitou Beach Zoning Bylaw
Table 7-3:
C-BF - Beach Front Commercial District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Maximum Bldg
Height (storeys)
Maximum Site
Coverage (%)
(4,844 ft2)
(49.2 ft)
(15)
Taverns
D
- -
400
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
2(2)
60
(16)
Tourist information centres and booths
D
- -
400
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
2(2)
60
Community Service and Other Uses
(1)
Emergency services
D
- -
400
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
2(2)
60
(2)
Community centres
D
- -
800
(8,611 ft2)
30
(98.4 ft)
(1)
(1)
(1)
2(2)
60
(3)
Cultural institutions
D
- -
400
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
2(2)
60
(4)
Municipal facilities
D
- -
- -
- -
- -
- -
- -
- -
- -
(5)
Parks and playgrounds
D
- -
- -
- -
- -
- -
- -
- -
- -
(6)
Public recreational facilities
P
- -
400
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
2(2)
60
(7)
Public works excluding warehouses, storage yards and
sewage lagoons
D
- -
- -
- -
- -
- -
- -
- -
- -
(8)
Private Garden
D
5.18
- -
- -
- -
- -
- -
- -
- -
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning district subject to the regulations contained
in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application to, and approval of the Council; and which
complies with the development standards, as required by Council, and contained in this zoning bylaw.
Special limitations and standards regarding Table 7-3 and the C-BF district:
(1) where the site line abuts any Residential District without an intervening street or lane, the minimum yard setback shall be 3.0 metres
Resort Village of Manitou Beach Zoning Bylaw
93
(2) where the site is located adjacent to the lake shore the maximum building height shall be one (1) storey.
94
Resort Village of Manitou Beach Zoning Bylaw
7.4 C-G - GENERAL COMMERCIAL DISTRICT
7.4.1
Purpose
The objective of the C-G - General Commercial district is to facilitate a range of commercial and
other compatible uses.
7.4.2
Permitted and Discretionary Use
Uses are listed and designated in Table 7-4.
7.4.3
Accessory Uses
7.4.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 7-4.
7.4.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the C-G district with respect to Section 3.8.3
- General Discretionary Use Evaluation Criteria, Section 3.8.4 - Use Specific Discretionary Use
Evaluation Criteria, as may be applicable, and additional evaluation criteria and development
standards that follows in this section.
7.4.6
Exceptions to Development Standards
7.4.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.16.
7.4.8
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.18.
7.4.9
Landscaping
Landscaping is subject to Section 4.12.
Accessory Building and Uses Including:
Subject to Section
Designation
(1) Accessory Buildings and Structures
4.1
Permitted
(2) Adult Day Care, Residential Care Homes and
Custodial Care Facilities
5.2
Discretionary
(3) Day Care Centres
5.8
Permitted
Resort Village of Manitou Beach Zoning Bylaw
95
Table 7-4:
C-G - General Commercial District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Maximum Site
Coverage (m2)
Maximum
Bldg Height
(m)
Commercial Uses
(1)
Auto body shops
D
3.8.4 (6)
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(2)
Automobile, marine, recreational vehicle, agricultural
equipment, and mobile home sales and service
establishments
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(3)
Bakeries with retail sales
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(4)
Bus terminals
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(5)
Cannabis retail store
D
5.6
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(6)
Car washes
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(7)
Clubs
D
3.8.4 (1)
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(8)
Commercial recreation facilities, excluding golf courses
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(9)
Construction trades
D
3.8.4 (6)
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(10)
Convenience stores
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(11)
Daycare centres and preschools
D
5.8
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(12)
Financial institutions
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(13)
Fitness centres
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
96
Resort Village of Manitou Beach Zoning Bylaw
Table 7-4:
C-G - General Commercial District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Maximum Site
Coverage (m2)
Maximum
Bldg Height
(m)
(14)
Food processing plants
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(15)
Funeral homes
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(16)
Gas bars
D
5.20
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(17)
Health care clinics
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(18)
Hotels and motels
D
- -
1,200
(12,917
ft2)
30
(98.5 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(19)
Lumber yards, home improvement centres and building
supply establishments
D
3.8.4 (6)
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(20)
Malls
D
3.8.4 (5)
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(21)
Medical, dental and optical labs
D
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(22)
Nurseries, greenhouses, and garden centres
D
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(23)
Night clubs
D
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(24)
Offices and office buildings
D
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(25)
Parking lots
D
3.8.4 (13),
5.17
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(26)
Personal service shops
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(27)
Pet grooming establishments
D
- -
225
7.5
(1)
(1)
(1)
- -
11(3)
Resort Village of Manitou Beach Zoning Bylaw
97
Table 7-4:
C-G - General Commercial District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Maximum Site
Coverage (m2)
Maximum
Bldg Height
(m)
(738 ft2)
(24.6 ft)
(36.1 ft)
(28)
Photography studios
D
- -
225
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(29)
Printing plants and newspaper offices
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(30)
Radio and television studios
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(31)
Repair services restricted to the repair of household
goods and appliances
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(32)
Restaurants, with or without associated lounges
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(33)
Retail stores
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(34)
Service stations
D
5.20
900
(9,688
ft2)
30
(98.5 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(35)
Shopping centres
D
3.8.4 (5)
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(36)
Taverns
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(37)
Theatres
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(38)
Tourist information centres and booths
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(39)
Veterinary clinics
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(40)
Warehouses
D
3.8.4 (15)
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
98
Resort Village of Manitou Beach Zoning Bylaw
Table 7-4:
C-G - General Commercial District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum
Front Yard (m)
Minimum Side
Yard (m)
Minimum Rear
Yard (m)
Maximum Site
Coverage (m2)
Maximum
Bldg Height
(m)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1)
Community centres
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(2)
Cultural institutions
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(3)
Emergency Services
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(4)
Municipal facilities
P
- -
- -
- -
- -
- -
- -
- -
- -
(5)
Parks and playgrounds
P
- -
- -
- -
- -
- -
- -
- -
- -
(6)
Places of worship
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(7)
Public recreational facilities
D
- -
225
(738 ft2)
7.5
(24.6 ft)
(1)
(1)
(1)
- -
11(3)
(36.1 ft)
(8)
Public works excluding warehouses, storage yards and
sewage lagoons
P
- -
- -
- -
- -
- -
- -
- -
- -
(9)
Communication facilities
D
- -
- -
- -
- -
- -
- -
- -
- -
Residential Uses
(1)
Dwelling units in conjunction with and attached to any
other permitted use
D
3.8.4 (10)
Same as the principle
building (2)
11(3)
(36.1 ft)
(2)
Multiple unit dwellings (apartments)
D
5.16
225 (2)
(738 ft2)
7.5 (2)
(24.6 ft)
(1) (2)
(1) (2)
(1) (2)
(2)
11 (2) (3)
(36.1 ft)
(3)
Private Gardens
D
5.18
- -
- -
- -
- -
- -
- -
- -
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning district subject to the regulations contained
in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application to, and approval of the Council; and which
complies with the development standards, as required by Council, and contained in this zoning bylaw.
Resort Village of Manitou Beach Zoning Bylaw
99
Special limitations and standards regarding Table 7-4 and the C-G district:
(1) Where the side site line abuts any Residential District without an intervening street or lane, the minimum side yard shall be 3.0 metres
(2) Where an apartment building is combined with commercial uses on the main floor, there shall be no dwelling units on the main floor & Residential uses shall
have a direct entrance from the street separate from that of the commercial use
(3) Maximum of three stories
100
Resort Village of Manitou Beach Zoning Bylaw
7.5 C-HY - HIGHWAY COMMERCIAL DISTRICT
7.5.1
Purpose
The purpose of the C-HY - Highway Commercial District is to provide for development in the
form of a range of highway commercial and other compatible uses.
7.5.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-5.
7.5.3
Accessory Uses
7.5.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 7-5.
7.5.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the C-HY district with respect to Section
3.8.3 - General Discretionary Use Evaluation Criteria and to Section 3.8.4 - Use Specific
Discretionary Use Evaluation Criteria and to additional evaluation criteria and development
standards that follows in this section.
7.5.6
Exceptions to Development Standards
7.5.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.16.
7.5.8
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.18.
7.5.9
Landscaping
Landscaping is subject to Section 4.12.
Accessory Building and Uses Including:
Subject to Section
Designation
(1) Accessory Buildings and Structures
4.1
Permitted
(2) Adult Day Care, Residential Care Homes and
Custodial Care Facilities
5.2
Discretionary
(3) Day Care Centres
5.8
Discretionary
Resort Village of Manitou Beach Zoning Bylaw
101
Table 7-5:
C-HY - Highway Commercial District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Maximum Site
Coverage (%)
Commercial Uses
(1)
Auction markets
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(2)
Auto body shops
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(3)
Automobile, marine, recreational vehicle,
agricultural equipment, and mobile home sales
and service establishments
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(4)
Bakeries
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(5)
Bulk fuel dealers
D
3.8.4 (10)
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(6)
Bus terminals
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(7)
Cannabis retail store
D
5.6
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(8)
Car washes
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(9)
Commercial recreation facilities
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(10)
Construction trades
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(11)
Convenience stores
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(12)
Day care centres
D
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(13)
Repair services restricted to the repair of
household goods and appliances
D
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
102
Resort Village of Manitou Beach Zoning Bylaw
Table 7-5:
C-HY - Highway Commercial District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Maximum Site
Coverage (%)
(14)
Financial institutions
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(15)
Freight handling facilities
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(16)
Funeral homes
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(17)
Gas bars
D
5.20
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(18)
Health clinics
D
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(19)
Hotels and motels
D
- -
1,200
(12,917 ft2)
30
(98.4 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(20)
Indoor storage rental facilities
D
3.8.4 (8)
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(21)
Junk and salvage yards
D
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(22)
Light manufacturing
D
3.8.4 (7)
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
16(2)
(36.1 ft)
(23)
Light industrial uses
D
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(24)
Lumber yards, home improvement centres, and
building supply establishments
D
3.8.4 (6)
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(25)
Malls
D
3.8.4 (5)
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(26)
Nightclubs
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(27)
Nurseries, greenhouses, and garden centres
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
Resort Village of Manitou Beach Zoning Bylaw
103
Table 7-5:
C-HY - Highway Commercial District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Maximum Site
Coverage (%)
(28)
Offices and office buildings
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(29)
Parking lots
D
3.8.4 (13),
5.17
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(30)
Personal service shops
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(31)
Pet grooming establishments
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(32)
Recycling collection depots
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(33)
Rental stores
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(34)
Repair services restricted to household goods
and appliances
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(35)
Restaurants, with or without associated lounges
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(36)
Retail stores
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(37)
Service stations
D
5.20
900
(9,688 ft2)
30
(98.4 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(38)
Shopping centres
D
3.8.4 (10)
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(39)
Storage garages
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(40)
Taverns
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(41)
Taxidermy and accessory tanning of hides
D
3.8.4 (6)
450
15
(1)
(1)
(1)
11(2)
(36.1 ft)
104
Resort Village of Manitou Beach Zoning Bylaw
Table 7-5:
C-HY - Highway Commercial District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Maximum Site
Coverage (%)
(4,844 ft2)
(49.2 ft)
(42)
Communication facilities
D
- -
- -
- -
- -
- -
- -
- -
(43)
Tourist information centres and booths
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(44)
Trucking operations
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(45)
Veterinary clinics
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(46)
Warehouses
D
3.8.4 (15)
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(47)
Wholesale establishments
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
Residential Uses
(1)
Dwelling units accessory to permitted uses and
integrated as part of a principal building for the
use of caretakers, owners or managers
D
3.8.4 (10)
same as the principal use
11(2)
(36.1 ft)
Community Service and Other Uses
(1)
Emergency services
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(2)
Community centres
D
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(3)
Municipal facilities
D
- -
- -
- -
(1)
(1)
(1)
- -
(4)
Places of worship
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(5)
Public recreational facilities
D
- -
450
(4,844 ft2)
15
(49.2 ft)
(1)
(1)
(1)
11(2)
(36.1 ft)
(6)
Public works, excluding sewage lagoons
D
- -
- -
- -
(1)
(1)
(1)
- -
Resort Village of Manitou Beach Zoning Bylaw
105
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning district subject to the regulations contained
in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application to, and approval of the Council; and which
complies with the development standards, as required by Council, and contained in this zoning bylaw.
Special limitations and standards regarding Table 7-5 and the C-HY district:
(1) where a site line abuts any Residential District without an intervening street or lane, the minimum yard setback shall be 1.5 metres
(2) maximum of three stories
106
Resort Village of Manitou Beach Zoning Bylaw
7.6 M-CS - COMMUNITY SERVICE DISTRICT
7.6.1
Purpose
The objective of the M-CS - Community Service District is to provide for a range of community
services and other compatible uses.
7.6.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-6.
7.6.3
Accessory Uses
(1)
Accessory buildings and uses shall be permitted subject to Section 4.1.
7.6.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 7-6.
7.6.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the M-CS district with respect to Section
3.8.3 - General Discretionary Use Evaluation Criteria, Section 3.8.4 - Use Specific Discretionary
Use Evaluation Criteria, as may be applicable, and additional evaluation criteria and development
standards that follows in this section.
7.6.6
Exceptions to Development Standards
7.6.7
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.16.
7.6.8
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.18.
7.6.9
Landscaping
Landscaping is subject to Section 4.12.
Resort Village of Manitou Beach Zoning Bylaw
107
Table 7-6: M-CS - Community Service District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site
Cvg (%)
Community Service, Municipal, Recreational, Institutional and Other Uses
(1) Ambulance stations
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(2) Campgrounds
D
5.5
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(3) Cemeteries
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(4) Communication facilities
D
- -
- -
- -
- -
- -
- -
- -
- -
- -
(5) Community centres
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(6) Cultural institutions
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(7) Custodial care facilities
D
5.2
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(8) Educational institutions
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(9) Emergency services
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(10) Municipal facilities
P
- -
- -
- -
- -
- -
- -
- -
- -
- -
(11) Parks and playgrounds
P
- -
- -
- -
- -
- -
- -
- -
- -
- -
(12) Places of worship
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(13) Public elementary and high schools
P
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(14) Public hospitals
P
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
108
Resort Village of Manitou Beach Zoning Bylaw
Table 7-6: M-CS - Community Service District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site
Cvg (%)
(15) Public recreational facilities
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(16) Public works, excluding warehouses, storage
yards, and sewage lagoons
P
- -
- -
- -
- -
- -
- -
- -
- -
- -
(17) Tourist information centres and booths
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
Commercial Uses
(1) Adult day cares
D
5.2
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(2) Clubs
D
3.8.4 (1)
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(3) Commercial recreation facilities
D
3.8.4 (1)
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(4) Convenience stores, with or without associated
gas bars
D
5.20
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(5) Day care centres and pre-schools
D
5.8
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(6) Funeral homes
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(7) Health care clinics
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(8) Medical, dental and optical laboratories
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(9) Nurseries, greenhouses and garden centres
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(10) Parking lots
D
3.8.4 (13),
5.17
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
Resort Village of Manitou Beach Zoning Bylaw
109
Table 7-6: M-CS - Community Service District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (m2)
Minimum Site
Width (m)
Minimum Front
Yard (m)
Minimum Rear
Yard (m)
Minimum Side
Yard (m)
Minimum Bldg
Floor Area (m2)
Maximum Bldg
Height (m)
Maximum Site
Cvg (%)
(11) Private schools
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
(12) Restaurants, with or without associated lounges
D
- -
1,020
(10,979 ft2)
30
(98.4 ft)
(1)
(1)
(1)
- -
11(2)
(36.1 ft)
60
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning district subject to the regulations contained
in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application to, and approval of the Council; and which
complies with the development standards, as required by Council, and contained in this zoning bylaw.
Special limitations and standards regarding Table 7-6 and the M-CS district:
(1) all sites which abut a residential district shall have a minimum yard setback of 3.0 metres from the property line which abuts the residential property
(2) maximum of 3 stories
110
Resort Village of Manitou Beach Zoning Bylaw
7.7 FUD - FUTURE URBAN DEVELOPMENT DISTRICT
7.7.1
Purpose
The purpose of the FUD - Future Urban Development District is to provide for interim land uses
where the future use of the land or the timing of development is uncertain due to issues of servicing,
transitional use or market demand.
7.7.2
Permitted and Discretionary Uses
Uses are listed and designated in Table 7-7.
7.7.3
Accessory Uses
7.7.4
Standards and Regulations
(1)
Site and building requirements are shown in Table 7-7.
7.7.5
Standards for Discretionary Uses
Council will consider discretionary use applications in the FUD - Future Urban Development
District with respect to Section 3.8.3 - General Discretionary Use Evaluation Criteria and to
Section 3.8.4 - Use Specific Discretionary Use Evaluation Criteria and to additional evaluation
criteria and development standards that follows in this section.
7.7.6
Off-Street Parking and Loading
Off-street parking and loading requirements are subject to Section 4.16.
7.7.7
Outside Storage
Outside storage, including waste material storage, is subject to Section 4.18.
7.7.8
Landscaping
Landscaping is subject to Section 4.12.
Accessory Building and Uses Including:
Subject to Section
Designation
(1) Accessory Buildings and Structures
4.1
Permitted
(2) Trailer Coaches and Tents
4.25
Discretionary
(3) Bed and Breakfast Homes
5.3
Discretionary
(4) Home Based Businesses
5.13
Discretionary
Resort Village of Manitou Beach Zoning Bylaw
111
Table 7-7: FUD - Future Urban Development District Development Standards
Principal Use
Development Standards
Designation
Subject to
Section(s)
Minimum Site
Area (ha)
Minimum Site
Width (m)
Minimum
Front Yard
(m)
Minimum
Side Yard (m)
Minimum
Rear Yard (m)
Minimum
Building
Floor Area
(m2)
Maximum
Site Coverage
(%)
Maximum
Bldg Height
(m)
Residential Uses
(1)
Single detached dwellings
D
- -
4
(9.89 acres)
- -
7.5
(24.6 ft)
7.5
(24.6 ft)
7.5
(24.6 ft)
- -
60
11(1)
(36.1 ft)
Other Uses
(1)
Agricultural fair grounds
D
- -
4
(9.89 acres)
- -
7.5
(24.6 ft)
7.5
(24.6 ft)
7.5
(24.6 ft)
- -
5
11(1)
(36.1 ft)
(2)
Agricultural uses including crop farming, grazing and
pasturage, and cultivation of land, but not including
intensive livestock or poultry operations nor grazing or
pasturing within 200 m of any street or Highway
P
- -
4
(9.89 acres)
- -
7.5
(24.6 ft)
7.5
(24.6 ft)
7.5
(24.6 ft)
- -
5
11(1)
(36.1 ft)
(3)
Campgrounds
D
5.5
4
(9.89 acres)
- -
7.5
(24.6 ft)
7.5
(24.6 ft)
7.5
(24.6 ft)
- -
5
11(1)
(36.1 ft)
(4)
Communication facilities
P
- -
- -
- -
- -
- -
- -
- -
- -
- -
(5)
Community centres
D
- -
4
(9.89 acres)
- -
7.5
(24.6 ft)
7.5
(24.6 ft)
7.5
(24.6 ft)
- -
50
11(1)
(36.1 ft)
(6)
Municipal facilities
P
- -
- -
- -
- -
- -
- -
- -
- -
- -
(7)
Nurseries, greenhouses and garden centres
D
- -
4
(9.89 acres)
- -
7.5
(24.6 ft)
7.5
(24.6 ft)
7.5
(24.6 ft)
- -
50
11(1)
(36.1 ft)
(8)
Places of worship
D
3.8.4 (1)
4
(9.89 acres)
- -
7.5
(24.6 ft)
7.5
(24.6 ft)
7.5
(24.6 ft)
- -
50
11(1)
(36.1 ft)
(9)
Public works excluding sewage lagoons
P
- -
- -
- -
- -
- -
- -
- -
- -
- -
(10)
Recreational facilities
D
3.8.4 (1)
4
(9.89 acres)
- -
7.5
(24.6 ft)
7.5
(24.6 ft)
7.5
(24.6 ft)
- -
50
11(1)
(36.1 ft)
(11)
Sports fields, parks and playgrounds
D
- -
- -
- -
- -
- -
- -
- -
- -
- -
(12)
Temporary relocatable work camps
D
3.8.4 (14),
5.22
4
(9.89 acres)
- -
7.5
(24.6 ft)
7.5
(24.6 ft)
7.5
(24.6 ft)
- -
50
11(1)
(36.1 ft)
(13)
Resource extraction
D
- -
4
(9.89 acres)
- -
7.5
(24.6 ft)
7.5
(24.6 ft)
7.5
(24.6 ft)
- -
5
11(1)
(36.1 ft)
112
Resort Village of Manitou Beach Zoning Bylaw
Use Designations:
(P) - Permitted Use: Any use or form of development, other than a discretionary use, specifically allowed in a zoning district subject to the regulations contained
in this zoning bylaw.
(D) - Discretionary Use: Any use or form of development that may be allowed in a zoning district following application to, and approval of the Council; and which
complies with the development standards, as required by Council, and contained in this zoning bylaw.
Special limitations and standards regarding Table 7-7 and the FUD district:
(1) Maximum of 3 stories
Resort Village of Manitou Beach Zoning Bylaw
113
8 MAPS