AI-assisted research summary: This regulation creates an airport vicinity protection area, sets Area 1 and Area 2 rules for residential development, and requires council to make related planning and zoning changes within six months.
Airport Vicinity Protection Area Regulation, M.R. 66/2021 The City of Winnipeg Charter , S.M. 2002, c. 39 Regulation 66/2021 Registered August 12, 2021 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Rule for determining applicable area 3 Airport vicinity protection area in development plan 4 Policies re AVPA 5 Policies in Area 1 6 Policies in Area 2 7 Noise mitigation standards 8 Development plan by-law to be consistent with policies 9 Zoning by-laws 10 Application INTRODUCTORY PROVISIONS Definitions 1 The following definitions apply in this regulation. "Area 1" means the portion of the AVPA that is designated as Area 1 on the map in the Schedule to this regulation. (« zone 1 ») "Area 2" means the portion of the AVPA that is designated as Area 2 on the map in the Schedule to this regulation. (« zone 2 ») "AVPA" means the airport vicinity protection area established under section 3. (« zone tampon ») "dBA" means the sound level in decibels as measured using the "A"-weighting network and slow meter response on a sound level meter that meets the requirements for a Type 2 meter as specified by ANSI/ASA S1.4-2014/PART 1/IEC 61672:1-2013, American National Standard Electroacoustics — Sound level meters — Part 1: Specifications, as amended from time to time. (« dBA ») M.R. 131/2022 Rule for determining applicable area 2 If a parcel of land is located partly in Area 1 and partly in Area 2 or partly in Area 2 and partly in an area outside the AVPA, the entire parcel is deemed to be located in the area in which the majority of the parcel is located. AIRPORT VICINITY PROTECTION AREA Airport vicinity protection area in development plan 3 Within six months after the coming into force of this regulation, council must establish an airport vicinity protection area in the development plan that consists of the lands contained within the solid black line on the map in the Schedule to this regulation. M.R. 131/2022 POLICIES Policies re AVPA 4 The policies set out in sections 5 to 7 apply to the use of real property and development in the AVPA. Policies in Area 1 5(1) Subject to subsections (2) and (3), no new single-family or multiple-family residential dwellings may be constructed in Area 1. 5(2) Replacement of existing single-family residential dwellings and multiple-family residential dwellings is permitted in Area 1. In the case of the replacement of a multiple-family residential dwelling, the number of dwelling units in the replacement dwelling must not exceed the number of dwelling units in the dwelling being replaced. 5(3) New infill single-family residential dwellings may be constructed in Area 1 if (a) the dwelling is located on a lot that was created as the result of the subdivision of an existing residential lot into no more than two lots; and (b) the newly created lot is located on a street where a full range of municipal services are already provided. Policies in Area 2 6 New or replacement single-family residential dwellings and multiple-family residential dwellings may be constructed in Area 2. Noise mitigation standards 7 All new single-family or multiple-family residential dwellings in the AVPA must be designed and constructed with components to achieve the following indoor sound levels, or less, with windows and doors closed: Area of dwelling Sound levels 1 (dBA) Bedrooms 35 dBA Living room, dining room and recreation room 40 dBA Kitchen, bathroom, hallway and utility room 45 dBA BY-LAWS Development plan by-law must be consistent with policies 8 The development plan by-law must be consistent with the policies set out in sections 5 to 7. M.R. 131/2022 Zoning by-laws 9 Within six months after the coming into force of this regulation, council must enact a zoning by-law that ensures that the use of real property and development in the AVPA is consistent with the policies set out in sections 5 to 7. APPLICATION Application 10(1) This section applies during the period that begins when this regulation comes into force and ends when council has amended the development plan in accordance with section 3 and enacts a zoning by-law that complies with section 9. 10(2) A decision on an application for subdivision or development on land within the AVPA must be made as if the development plan had been amended and a zoning by-law had been enacted in accordance with this regulation. M.R. 131/2022 SCHEDULE M.R. 131/2022