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1994.6400.Cons.Pdf REPEALED BY THE WINNIPEG ZONING BY-LAW NO. 200/2006 MARCH 1, 2008 CONSOLIDATION UPDATE: DECEMBER 17, 2008 THE CITY OF WINNIPEG WINNIPEG ZONING BY-LAW NO. 6400/94 A Zoning By-law of THE CITY OF WINNIPEG regulating and restricting the use of land and location of buildings and structures in the City of Winnipeg as defined in The City of Winnipeg Act excepting lands governed by the Downtown Winnipeg Zoning By-law No. 4800/88. THE CITY OF WINNIPEG, in Council assembled, enacts as follows: TITLE 1. This By-law may be cited as "The Winnipeg Zoning By-Law". CONTENTS 2. The following PARTS and APPENDIX, titled: PART I - ADMINISTRATION PART II - DEFINITIONS PART III - HOME OCCUPATIONS PART IV - RURAL DISTRICTS PART V - PARKS & RECREATION DISTRICTS PART VI - RESIDENTIAL DISTRICTS PART VII - COMMERCIAL DISTRICTS PART VIII - INDUSTRIAL DISTRICTS PART IX - BOULEVARD PROVENCHER DISTRICT PART X - MOBILE HOME PARK DISTRICT PART XI - ACCESSORY OFF-STREET PARKING AND LOADING PART XII - SIGNS PART XIII - SPECIAL YARD REQUIREMENTS APPENDIX A - ZONING MAPS attached hereto, are hereby adopted as the zoning by-law for the lands shown in APPENDIX "A". By-law No. 6400/94 2 EFFECTIVE DATE 3. This By-law shall come into force and effect on February 1, 1995. DONE AND PASSED in Council assembled, this 26th day of January, 1995. By-law No. 6400/94 3 CONTENTS PART I ADMINISTRATION PART II DEFINITIONS PART III HOME OCCUPATIONS PART IV RURAL DISTRICTS PART V PARKS & RECREATION DISTRICTS PART VI RESIDENTIAL DISTRICTS PART VII COMMERCIAL DISTRICTS PART VIII INDUSTRIAL DISTRICTS PART IX BOULEVARD PROVENCHER DISTRICT PART X MOBILE HOME PARK DISTRICT PART XI ACCESSORY OFF-STREET PARKING AND LOADING PART XII SIGNS PART XIII SPECIAL YARD REQUIREMENTS APPENDIX A ZONING MAPS By-law No. 6400/94 4 PART ONE ADMINISTRATION 100 SCOPE OF REGULATIONS This By-law shall regulate the lands in the City of Winnipeg as shown on the Zoning Maps in Appendix A to this By-law. 101 RELATION TO OTHER BY-LAWS Whenever this By-law and any other by-law of the City contain conflicting or overlapping provisions, the most restrictive shall govern. 102 PREVIOUS VIOLATIONS Any existing structure or use which was unlawful under the provisions of any zoning by-law in force on the effective date of this By-law shall not become or be made lawful solely by reason of the adoption of this By-law; and to the extent that, and in any manner that, said unlawful structure or use is in conflict with the requirements of this By-law, said structure or use remains unlawful hereunder. 110 INTERPRETATION OF DISTRICT BOUNDARIES 110 (1) In the interpretation and application of the Zoning Maps, Appendix A, the following rules shall apply: (a) The provisions of this By-law shall not apply to streets, public lanes, footpaths, or public walks within a zoning district. (b) Notwithstanding the provisions of this By-law, it shall not prohibit or interfere with the construction, maintenance or operation of the facilities of any public utility within a public utility right-of-way lawfully existing, or hereafter created within any district. (c) Zoning district boundaries indicated as approximately following the centre lines of streets, public lanes, footpaths, public walks, rivers, and public rights-of-way shall be construed to follow such centre lines. (d) Zoning district boundaries indicated as approximately following lot or holding lines on a registered plan shall be construed as following such lot or holding lines. By-law No. 6400/94 5 (e) Zoning district boundaries indicated as approximately following city, community or municipal limits shall be construed as following the city, community or municipal limits. (f) Zoning district boundaries indicated as following a railway right-of-way or a public utility right-of-way shall be construed as following the centre line of the right-of-way. (g) Zoning district boundaries indicated as following the shore lines of streams or rivers shall be construed as following the centre line of such streams or rivers. (h) If a street, public lane, footpath, or public walk shown on the Zoning Maps is lawfully closed, the land formerly comprising it shall be included within the zoning district within which it is located. If the centre line of said closed right-of-way was a zoning district boundary between two or more different zoning districts, the zoning district boundary shall continue to be the former centre line. 120 DEVELOPMENT REGULATIONS 120 (1) A person requesting approval of any one or more of the following: (a) plan of subdivision, (b) subdivision agreement amendment, (c) condominium plan, (d) consent, (e) zoning by-law amendment, (f) zoning agreement amendment, (g) variance, (h) conditional use, (i) planned building group, (j) downtown development application pursuant to this, (k) building design in industrial park districts, shall complete a development application on a form prescribed by the director, pay the applicable fee in The Development Fees By-law of The City of Winnipeg, and supply all information requested by the director to show apparent compliance with this By-law and any of the relevant By-laws of the City, including evidence of ownership and, where necessary as determined by the director, a Building Location Certificate of the site showing the dimensions of the site, the position of all buildings or structures on the site, and the height of the buildings or structures. By-law No. 6400/94 6 121 DEVELOPMENT PERMIT 121 (1) Subject to subsection (1.1) and (1.2), no person shall undertake or permit the existence of a development that is subject to this By-law without first making application and obtaining a development permit for that purpose. amended 179/2006 (1.1) Notwithstanding subsection (1), no development permit is required for the following developments: (a) subject to subsection (1.2), unenclosed decks 24 inches or less in height above grade located in a side or rear yard of a single family or two-family dwelling; (b) subject to subsection (1.2), permitted accessory structures less than 108 square feet in building area located in a side or rear yard of a single family or two-family dwelling; (c) permitted fences located in a side or rear yard of a single family or two- family dwelling; (d) in all zoning districts, temporary tents les than 901 square feet in building area. added 179/2006 (1.2) Where a lot does not abut upon a public lane or City-owned land acquired for a lane widening and where an attached garage or carport is not provided, clauses (1.1)(a) and (b) apply only if one interior side yard is a minimum of 8 feet clear of all projections except eaves and gutters. added 179/2006 121 (2) Where a person makes application for a development permit in respect of a development, the director shall, where the application does not conform with Plan Winnipeg, a Secondary Plan or development by-laws, reject the development permit, but shall otherwise issue that permit. 121 (3) An application for a development permit shall be made on a form prescribed by the director and shall be accompanied by the applicable fee specified in The Development Fees By-law of the City of Winnipeg. 121 (4) A development permit shall expire and the right of an owner under that permit shall terminate if the work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit, or any extensions of that time period granted by the director, and reasonably continued without interruption thereafter. By-law No. 6400/94 7 121 (5) The applicant for a development permit shall supply all information requested by the director to show apparent compliance with this By-law and any of the relevant by- laws of the City, including evidence of ownership and, where necessary as determined by the director, a Building Location Certificate of the site showing the dimensions of the site, the position of all buildings or structures on the site, and the height of the buildings or structures. 121 (6) A development permit for use of vacant land may be issued without production of a Building Location Certificate upon the applicant satisfying the director that the proposed use appears to be in accordance with this By-law. 121 (7) A development permit for a temporary building or structure approved as such under The Winnipeg Building By-law or in respect of a temporary use under this by-law shall expire upon expiration of the date specified in the permit unless before that expiry date an extension is granted by the director. 121 (8) The director may revoke a development permit where there is to the director's knowledge a violation of this By-law or any other by-law of the City in respect of the development including, but without limiting the generality thereof, where: (a) any division of a zoning lot results in making the structure on the zoning lot illegal under the terms of this By-law, or (b) there is any reduction of required yards for a building or any further reduction of non-conforming yards; or (c) any information supplied for the development permit is incorrect. 122 ZONING COMPLIANCE CERTIFICATE 122 (1) The director may, upon receipt of such proof as the director deems necessary, issue a Zoning Compliance Certificate in respect of a zoning lot confirming any one or more of the following as of the date of that certificate: (a) that the described use or uses operated or proposed to be operated on the lot comply with the applicable zoning rules, agreements and orders; (b) that the development on the lot complies with all zoning rules, agreements and orders affecting it; and (c) that the location of the building or buildings on the lot complies with the applicable zoning rules, agreements and order (Zoning Memorandum).
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