Due to the ongoing COVID-19 pandemic and the presence of the Omicron variant, the Town of Virden Council opened 2022 by reverting back to a virtual format for its twice-monthly meetings. During the first such session on Jan. 11, Development Officer Cory Nixon presented details of a package of proposed amendments to the Town’s Zoning By-Law. The revised document was slated to receive first reading on Dec. 21 but was tabled in order to provide for more clarification and an opportunity for discussion.
Refuse containers
The first change, according to Nixon, is the prohibition of garbage dumpsters in any area of the town zoned residential, except for multi-family. He explained that the large metal refuse bins do not generally fit on a lot, it is difficult to get the garbage truck in and out of a driveway to pick them up, and there are problems with space and odour.
"When you have a multi-family development with a dumpster right beside a house, we quite often get complaints from the (residents of the) house about the smell," he said.
Shipping containers
Revisions are planned to the regulation of metal shipping containers used for on-site storage. At present, they are only allowed as a conditional use in industrially-zoned areas. If on site for more than 90 days, they are deemed an accessory building and must conform to the by-law as well as the Manitoba Building Code. What’s new is the requirement for an access door and a report from a structural engineer documenting any alterations which may be made. This prompted some rebuttal from Coun. Travis Penner, as it did when the matter was first discussed back on Dec. 21.
"I'm a little concerned that we're making it too difficult to use shipping containers for storage," he said. “Obviously they've become a modern, cost-efficient method of storing materials and getting junk out of the way. If it is required to have a man door in there it would have to be re-engineered, and there goes all the economies of using these things. I actually think they should be encouraged for storage where people are storing things outside and it's a mess. They could be using a fairly cost-effective method of hiding their mess, and some of the wording in here makes it kind of difficult."
Penner thought the engineering requirement should be dispensed with due to the cost, along with any stipulation that the containers be placed on a concrete slab; and that allowing a maximum of two containers on a property was overly restrictive.
"I go around town and I see places where people probably should be using these containers, but if we make it too restrictive the mess will stay and it will only get worse."
Nixon advised Council that the requirement for an access door is set by the building code, and Council thought that if the containers are to become an accessory building, such compliance would be enforced as an alternative to a by-law with a horde of stipulations. Nixon said containers are now permitted as a conditional use in any other zones, including residential. "You could practically put one anywhere in town now," he said. The container(s) must be located to the rear or side of the principal building, as well as be sided and roofed in a cohesive manner that fits the area.
Auto sales outlets
Additional zoning requirements are in the works for automobile and recreational vehicle sales businesses. They include the placement of a barrier at least two feet high to act as a buffer between the product display area and a public right of way or adjacent property. The sales lot area must also have an asphalt surface with proper drainage.
Nixon said such businesses may apply for a variation and state their case to be exempt from the revised by-law provisions, prompting Coun. Tara Cowan to ask why the changes were being proposed in the first place. For his part, Penner saw the whole scenario as an impedance to development and stressed the need for flexibility, such as a time frame to have any required modifications completed.
"Car dealers are very sensitive to displaying their cars fully," he said. "I think you'd have trouble attracting a new dealer if he has to put a two or four-foot fence around his yard. They want people to see that car."
Nixon explained that two of Virden’s three auto retailers have provided feedback on the proposals, and see an opportunity to improve the aesthetics of their sales lots. Neither took issue with requiring the paving of the display lots.
Solar panels
Solar panels, which Nixon said are becoming more popular, will now come under the zoning by-law. Any solar collector not connected to a building will be required to adhere to the same setbacks and height restrictions for accessory buildings in the zone. A conditional use permit is required prior to installation, and the apparatus being put in will need to comply with the Manitoba Building Code.
Downtown Businesses
A number of business sectors, including retail and professional services, currently deemed conditional uses within the commercial central zone (downtown) would be changed to permitted uses under the amended by-law.
“When we rebuilt our zoning by-law, we were concerned about having an appearance guideline for downtown, so we just blanketed everything as a conditional use so we could control development down there and make sure it was starting to turn the way the town was wanting it to, but we’re finding it to become too big of a deterrent for the businesses,” Nixon said. “Now that we have the HTFC (Planning and Design) guidelines, and a vision for where we want to go, we’re making these changes so we can start approving them.”
The by-law amendments will return to Council’s agenda once again on Jan. 25.
