This is the exact embedded text of the captured official document.
Snapshot b1cc540bffce · verified 2026-10-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
HAMIOTA MUNICIPALITY
ZONING BY-LAW
By-law No. 2019-04
Amendment 2023-03 passed 02 August 2023 - See Schedule A: Zoning Maps
Amendment 2023-04 passed 20 December 2023 - See Schedule A: Zoning Maps
Consolidated By-Law with Amendments
Hamiota Municipal Zoning By-law No. 2019-04
Note: This page is intended to be a helpful guide for landowners, development officers / building officials, and
members of the general public to assist them in understanding how to use and interpret a municipality's zoning by-
law regulations.
HOW TO USE THIS ZONING BY-LAW
This zoning by-law regulates the use, size, height and location of buildings on properties within Hamiota Municipality.
The following is a simple four-step process that may be employed to determine the uses and structures that may be
allowed on a specific piece of property in a given zoning district.
What zoning district is your property located in?
Use the Zoning Maps in Schedule "A" at the back of this By-law to determine the zoning for your property.
Reference PART 3: Zoning Districts for a description of the intent of that particular zone.
Look in the Development Plan and any Secondary Plan that applies to your property to confirm your proposal is
supported by the applicable policies in those documents.
What uses are "permitted uses" and "conditional uses" in your zoning district?
Find the column with the zone of your property in the applicable Use and Bulk Table in PART 3 - Zoning Districts
Uses marked with the letter "P" are permitted uses and may be developed once you have received a
development permit and building permit.
Uses marked with the letter "C" are conditional uses that may or may not be acceptable in a particular zoning
district depending on the particular circumstances of a proposed development. Conditional uses require a public
hearing process and may have extra conditions imposed on the use to make it acceptable for the location.
Certain permitted uses and conditional uses in select zoning districts have additional use-specific requirements,
check PART 4 - Additional Requirements for Specific Uses in Different Zoning Districts of this By-law to
determine whether any additional requirements apply to the land use in question.
How and where can you develop properties in your zone?
Find the column with the zone of your property in the applicable Use and Bulk Table in PART 3: Zoning Districts
The Use and Bulk Table provides information on allowable height of buildings and structures, required setbacks
for yards, and other spatial requirements for a property.
To understand the specific details of these requirements, you may need to reference the PART 2 - General Rules
and Regulations Applicable in All Zoning Districts, PART 4 - Additional Requirements for Specific Uses in
Different Zoning Districts and PART 6 - Definitions of this By-law.
What kind of permits do you need?
In most cases, you will need a Development Permit before you start any change in land use or any development
(including construction of a building) on a property.
Check PART 5 Administration and Enforcement - PART 5 of this by-law to see if your planned development is
exempt from needing a Development Permit. If so, you may proceed with development, as long as it meets the
other requirements in this zoning bylaw and other applicable by-laws.
If you need a Development Permit, fill out a Development Permit application.
You are responsible for finding out if any other provincial or federal regulations apply to your development, as
well as any other required local permits, including a Building Permit, plumbing, electrical, demolition permits
etc.
Hamiota Municipal Zoning By-law No. 2019-04
Hamiota Municipal Zoning By-law No. 2019-04
Contents
PART 1: SCOPE AND APPLICABILITY ........................................ 1
1.1
Title .......................................................................................................................................................... 1
1.2
Scope ....................................................................................................................................................... 1
1.3
Application ............................................................................................................................................... 1
1.4
Use and Development of Land and Buildings Must Comply...................................................................... 1
1.5
Compliance with Other Municipal By-laws, Federal and Provincial Laws and Regulations ....................... 1
1.6
Use and Development of Land Will Not Promote Nuisance or Create a Hazzard ...................................... 1
PART 2: GENERAL RULES AND REGULATIONS APPLICABLE IN ALL
ZONING DISTRICTS ................................................................. 2
2.1
Regulation of Uses ................................................................................................................................... 2
2.2
Existing Uses, Buildings and Structures .................................................................................................... 2
2.3
Existing Residential Dwellings .................................................................................................................. 3
2.4
Multiple Uses or Provisions ...................................................................................................................... 3
2.5
Accessory Uses Buildings and Structures .................................................................................................. 3
2.6
Required Yards ......................................................................................................................................... 4
2.7
Temporary Buildings, Structures, or Uses ................................................................................................. 4
2.8
Buildings to be Moved or Removed ......................................................................................................... 5
2.9
Road Access ............................................................................................................................................. 5
2.10 Landlocked Sites ...................................................................................................................................... 5
2.11 Site Reduced by Road Widening ............................................................................................................... 5
2.12 Unconventional Sites ............................................................................................................................... 5
2.13 Service Connections ................................................................................................................................. 5
2.14 Open Space Along Rural Roads ................................................................................................................ 5
2.15 Corner Vision Triangles ............................................................................................................................ 6
Hamiota Municipal Zoning By-law No. 2019-04
2.16 Projections into Yards .............................................................................................................................. 6
2.17 Double Frontage Sites .............................................................................................................................. 7
2.18 Hazard Lands ............................................................................................................................................ 7
2.19 Public Reserve Land ................................................................................................................................. 7
2.20 Development Near Waste Disposal Grounds and Sewage Lagoons .......................................................... 8
2.21 Development Near Areas with Potential for Aggregate Extraction ........................................................... 8
2.22 Development Near Railways .................................................................................................................... 8
2.23 Development Near the Provincial Highway System .................................................................................. 8
2.24 Onsite Water Supply and Sewage Disposal Systems ................................................................................. 8
2.25 Public Utilities .......................................................................................................................................... 9
2.26 Oil and Gas Exploration and Extraction, Electric Transmission Lines and Structures, and Pipelines .......... 9
2.27 Off Street Parking Requirements .............................................................................................................. 9
TABLE 2.1: MINIMUM ONSITE PARKING SPACE REQUIREMENTS .............................................. 10
TABLE 2-2: PARKING AREA LAYOUT REQUIREMENTS ................................................................ 12
2.28 Accessible Parking Spaces ...................................................................................................................... 12
TABLE 2.3: ACCESSIBLE PARKING SPACE REQUIREMENTS ......................................................... 13
2.29 Loading Space Requirements ................................................................................................................. 13
TABLE 2.4: MINIMUM LOADING SPACES .................................................................................. 13
2.30 Parking Area Entrances / Exits for Automobile Service Stations, Public Parking Areas, Drive-Through
Facilities, and Vehicle Sales .................................................................................................................... 13
TABLE 2.5: PARKING AREA ENTRANCE AND EXIT REQUIREMENTS ............................................ 14
2.31 Fences - Residential Uses ....................................................................................................................... 14
2.32 Fences - Non Residential Uses ............................................................................................................... 14
2.33 Advertising Signs and Billboards ............................................................................................................ 15
2.34 Accessory Signs - General Provisions ..................................................................................................... 15
TABLE 2.6: ZONING DISTRICT SPECIFIC ACCESSORY SIGN REGULATIONS BY SIGN TYPE ............ 16
PART 3: ZONING DISTRICTS .................................................. 19
3.1
Zoning Districts in Hamiota Municipality ................................................................................................ 19
TABLE 3.1: ZONING DISTRICTS ESTABLISHED ........................................................................... 19
3.2
Zoning District Boundaries ..................................................................................................................... 19
Hamiota Municipal Zoning By-law No. 2019-04
3.3
Permitted and Conditional Uses ............................................................................................................. 19
3.4
Use and Bulk Regulations ....................................................................................................................... 19
3.5
Additional Requirements for Specific Uses in Different Zones ................................................................ 20
3.6
"AG" Agriculture General Zoning District Purpose and Intent ................................................................ 20
3.6.1 "AG" Agriculture General Zone - Accessory Uses, Buildings and Structures ........................................... 20
TABLE 3.2: USE & SITE REQUIREMENTS: "AG" AGRICULTURE GENERAL ZONE .......................... 24
3.7
"AR" Agriculture-Restricted Zoning District Purpose and Intent ............................................................. 29
3.7.1 "AR" Agriculture-Restricted Zone - Accessory Uses, Buildings and Structures ....................................... 29
TABLE 3.3: USE & SITE REQUIREMENTS: "AR" AGRICULTURE-RESTRICTED ZONE ...................... 32
3.8
"GD" General Development Zoning District Purpose and Intent ............................................................ 37
3.8.1 "GD" General Development Zone - Accessory Uses, Buildings and Structures ....................................... 37
TABLE 3.4: USE & SITE REQUIREMENTS: "GD" GENERAL DEVELOPMENT ZONE ........................ 39
3.9
"RR2" Rural Residential Zoning District - Purpose and Intent ................................................................ 43
3.9.1 "RR2" Rural Residential Zoning District Accessory Uses, Buildings and Structures ................................. 43
TABLE 3.5: USE & SITE REQUIREMENTS: "RR2" RURAL RESIDENTIAL ZONE .............................. 45
3.10 "RR5" Rural Estate Residential Zoning District ....................................................................................... 47
3.10.1 "RR5" Rural Estate Residential Zoning District Accessory Uses, Buildings and Structures ....................... 47
TABLE 3.6: USE & SITE REQUIREMENTS: "RR5" RURAL ESTATE RESIDENTIAL ZONE .................. 49
3.11 "RS" Residential Serviced Zoning District ............................................................................................... 51
3.11.1 "RS" Residential Serviced Zoning District Accessory Uses, Buildings and Structures............................... 51
TABLE 3.7: USE & SITE REQUIREMENTS: "RS" RESIDENTIAL SERVICED ZONE ............................ 53
3.12 "RSM" Residential Serviced Multi-Unit Zone .......................................................................................... 56
3.12.1 "RSM" Residential Serviced Multi-Unit Zoning District Accessory Uses, Buildings and Structures .......... 56
TABLE 3.8: USE & SITE REQUIREMENTS: "RSM" RESIDENTIAL SERVICED MULTI-UNIT ZONE ..... 58
3.13 "RMMP" Residential Mobile/Modular Home and Park Zone ................................................................. 61
3.13.1 "RMMP" Residential Mobile/Modular Home and Park Zoning District Accessory Uses, Buildings and
Structures .............................................................................................................................................. 61
TABLE 3.9: USE & SITE REQUIREMENTS: "RMMP" RESIDENTIAL MOBILE/MODULAR HOME AND
PARK ZONE ............................................................................................................................... 63
3.14 "CC" Commercial Central Zoning District ................................................................................................ 66
3.14.1 "CC" Commercial Central Zoning District Accessory Uses, Buildings and Structures ............................... 66
TABLE 3.10: USE & SITE REQUIREMENTS: "CC" COMMERCIAL CENTRAL ZONE ......................... 68
Hamiota Municipal Zoning By-law No. 2019-04
3.15 "CH" Commercial Highway Zoning District ............................................................................................. 72
3.15.1 "CH" Commercial Highway Zoning District Accessory Uses, Buildings and Structures ............................ 72
TABLE 3.11: USE & SITE REQUIREMENTS: "CH" COMMERCIAL HIGHWAY ZONE ....................... 74
3.16.1 "ML" - Industrial Light Zoning District Accessory Uses, Buildings and Structures .................................... 77
TABLE 3.12: USE & SITE REQUIREMENTS: "ML" - INDUSTRIAL LIGHT ZONE ............................... 79
3.17.1 "MH" - Industrial Light Zoning District Accessory Uses, Buildings and Structures ................................... 82
TABLE 3.13: USE & SITE REQUIREMENTS: "MH" - INDUSTRIAL HEAVY ZONE ............................ 84
3.18.1 "OR" Open Space / Recreation Zoning District Accessory Uses, Buildings and Structures ...................... 87
TABLE 3.14: USE & SITE REQUIREMENTS: "OR" OPEN SPACE / RECREATION ZONE ................... 88
PART
4:
ADDITIONAL
REQUIREMENTS
FOR
SPECIFIC
PERMITTED,
CONDITIONAL
AND
ACCESSORY
USES
IN
DIFFERENT ZONES ................................................................ 90
4.1
Hazardous Materials Storage ................................................................................................................. 90
4.2
Standards for Two-Unit Dwellings .......................................................................................................... 90
4.3
Standards for Multi-Unit Dwellings ........................................................................................................ 90
4.4
Standards for Bed and Breakfast Operations ......................................................................................... 90
4.5
Standards for Home Based Business Activities ....................................................................................... 91
4.6
Standards for Keeping Small Amounts of Livestock for Personal Use (Excluding Livestock Operations) . 92
4.7
Standards for Campgrounds and RV Parks ............................................................................................. 93
4.8
Standards for Livestock Operations - General Provisions ....................................................................... 93
TABLE 4.1: ANIMAL UNIT CONVERSION FACTORS .................................................................... 96
4.9
Standards for Livestock Operation Development in the "AG" Agriculture General Zone and "AR"
Agriculture-Restricted Zone ................................................................................................................... 96
TABLE 4.2: MINIMUM SETBACK DISTANCES FROM PROPERTY LINES ........................................ 97
TABLE 4.3: MINIMUM SEPARATION DISTANCES FOR SITING LIVESTOCK OPERATIONS ............. 98
PART 5: ADMINISTRATION AND ENFORCEMENT ................... 99
5.1
Administration and Enforcement ........................................................................................................... 99
5.2
The Development Officer / Building Official Position and Authority ...................................................... 99
5.3
Role and Responsibilities of the Development Officer / Building Official ............................................... 99
Hamiota Municipal Zoning By-law No. 2019-04
5.4
When Development Permits Are Required ............................................................................................ 99
5.5
When Development Permits Are Not Required .................................................................................... 100
5.6
Other Required Permits ....................................................................................................................... 101
5.7
Applications for Development Permit .................................................................................................. 101
5.8
Applications for Building Permit ........................................................................................................... 102
5.9
Entry for Inspection and Other Purposes.............................................................................................. 102
5.10 Order to Remedy Contravention .......................................................................................................... 103
5.11 Review by the Board (Appeal of Board Orders) .................................................................................... 103
5.12 Application for Zoning By-law Amendments, Variances and Conditional Uses ..................................... 103
5.13 Development Agreements ................................................................................................................... 103
PART 6: DEFINITIONS .......................................................... 105
6.1
Definitions in The Planning Act ............................................................................................................ 105
6.2
Definitions in this By-law ..................................................................................................................... 106
SCHEDULE "A": ZONING MAPS ........................................... 118
Hamiota Municipal Zoning By-law No. 2019-04
Page | 1
PART 1: Scope and Applicability
1.1
Title
This by-law shall be known as the Hamiota Municipality Zoning By-law.
1.2
Scope
This by-law applies to all lands in Hamiota Municipality as indicated on the zoning maps of Schedule "A" of
this by-law.
1.3
Application
This by-law regulates: a) the construction, erection, alteration, enlargement or placing of buildings and
structures b) the establishment, alteration, or enlargement of uses of land, buildings and structures c) all
other forms of development not included above.
1.4
Use and Development of Land and Buildings Must Comply
Within Hamiota Municipality, no land, building or structure shall be used or occupied, and no building or
structure shall be constructed, erected, altered, enlarged or placed, except in accordance with this by-law.
1.5
Compliance with Other Municipal By-laws, Federal and Provincial Laws and Regulations
Whenever a provision of another by-law or a law or regulation of the provincial or federal government
contains a restriction governing the same subject matter contained in this bylaw, or imposes inconsistent
regulations with respect to uses, buildings, or structures, the most restrictive or highest standard shall
prevail. The onus will be on the applicant to provide sufficient documentation attesting that the applicable
by-law, or regulation is of a higher standard, and where the activity/development is regulated by a higher
authority under licence or permit, the submittal, review and approval of the submitted documentation will
at the discretion of the Development Officer wave the requirement of the planning district to issue the
required Development Permit.
1.6
Use and Development of Land Will Not Promote Nuisance or Create a Hazzard
In this by-law or in a development permit, approval of a conditional use, variance order or other approval
issued under this by-law shall not be construed as authorization for the carrying out of any activity which is
a nuisance due to noise, odour, emission, vibration or other cause or create a hazard or a hazardous
condition.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 2
PART 2: General Rules and Regulations Applicable in All Zoning Districts
2.1
Regulation of Uses
No land, building or structure shall be used or occupied except for a use which:
a)
Is listed in the applicable Use and Bulk Table one of the following:
i)
a Permitted Principal Use;
ii)
a Conditional Principal Use, subject to Council approval;
b) a permitted accessory use, building or structure;
c) a conditional accessory use, building or structure;
d) Where a proposed use is not listed, and by interpretation of the by-law no equivalency can be found,
the proposed use will be deemed to be prohibited and a zoning by-law amendment will be required to
allow for the proposed development in the zoning district in which it is located.
2.2
Existing Uses, Buildings and Structures
a)
A lawfully established existing use, building or structure which is classified as a permitted use, building
or structure in the by-law shall be allowed to continue to exist, and may be enlarged or expanded, may
be changed to another permitted use, or may be replaced if destroyed. In these circumstances, the
enlargement, expansion, change in use, or replacement shall be subject to the issuance of a
development permit, and shall conform with all requirements of the by-law.
b)
A lawfully established existing use, building or structure which is classified as a conditional use in this
by-law shall be deemed to be an approved conditional use, building or structure and shall be allowed
to continue to exist, or may be replaced if destroyed, provided that the replacement does not increase
the intensity of the previously existing use.
i)
In these circumstances, the change in use or replacement shall be subject to the issuance
of a development permit, and shall conform with all requirements of this by-law; and
ii)
Where an enlargement or expansion of such use is proposed, it shall require the specific
approval of Council, in accordance with the requirements of PART 5 of this By-law.
c)
Where a lawfully established use is established on a site and a site area or site width or required
yard in accordance with the minimum requirements of this by-law and is thereafter reduced below
the minimum requirements of this By-law by virtue of the development of a public work, street or
public utility, the affected site area, site width and required yard shall be deemed to conform to
the minimum requirements of this By-law
d)
An existing use, building or structure that is not classified as a permitted or conditional use, building
or structure in this by-law shall be considered as a legal non-conforming use, building or structure,
and shall be subject to the provisions of The Planning Act governing non-conformities.
i)
A legal non-conforming use shall be allowed to continue to exist, and may be changed to
a permitted use;
Hamiota Municipal Zoning By-law No. 2019-04
Page | 3
ii)
A legal non-conforming use shall not be intensified and shall not be changed to a different
non-conforming use;
iii)
A legal non-conforming use shall not be re-established if it is discontinued for a period in
excess of one year. A change in ownership or tenancy of a non-conforming use shall not
affect the status of the non-conforming use;
iv)
A legal non-conforming building or structure shall not be re-established if it is removed or
destroyed by more than 50 percent of its replacement value above the foundation; and
v)
Other provisions of The Planning Act governing non-conforming uses, buildings and
structures, including a provision which enables Council to consider variation orders in
situations where non-conformities are proposed to be enlarged or expanded, shall apply.
vi)
There shall be a maximum of one dwelling unit per site or land parcel except for the
following:
(a)
dwelling units which are required for family members or employees, who in, are
actively involved in the agricultural operation and deriving income from it;
(b)
multiple family dwellings as provided for in this by-law
(c)
secondary suites as provided for in this by-law.
2.3
Existing Residential Dwellings
Notwithstanding the provisions PART 2, Section 2.2 (above) all lawfully established residential dwellings
and their accessory structures existing at the effective date of this By-law are deemed to be permitted uses
conforming to the minimum bulk requirements of the zone in which the buildings and/or structures are
situated. Any enlargement, intensification, expansion or change of use of said existing residential dwellings
and their related accessory structures shall conform with all of the requirements of this By-law.
2.4
Multiple Uses or Provisions
Where land, a building, or a structure is used for more than one purpose, all provisions of this by-law
relating to each use must be satisfied. Where more than one provision in this by-law is applicable, the higher
or more stringent requirement shall apply unless specified otherwise.
2.5
Accessory Uses Buildings and Structures
No accessory use, building or structure shall be established except for those in compliance with the
following regulations:
a)
In this Municipality, an accessory use, building or structure may be accessory to a permitted or
approved conditional use and may itself be treated as a permitted or conditionally approved
accessory use, building or structure.
b)
No accessory use, building or structure shall be established, constructed or erected prior to the
establishment of the principal use of land, building or structure to which it is accessory, except for
the following:
i)
A "Dwelling, Farm" shall be permitted as an accessory use to a permitted or conditional
agricultural operation in all agricultural zoning districts when located on same site as the
agricultural activity, provided that prior to the commencement of construction a
Development Permit and Building Permit has first been obtained for the dwelling.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 4
ii)
An accessory garage or storage building may be constructed or erected for the purpose
of storage of materials and equipment for use during construction of the main building,
provided that a Development Permit and Building Permit has first been obtained for the
principal building on same the zoning site as the accessory use, building or structure.
iii)
A meteorological tower, used for wind and/or climatic research shall be allowed to be
erected, subject to Council's approval, for a term not exceeding three (3) years and shall
be subject to all other provisions of this By-law pertaining to the siting of Wind Turbine
Generator Stations (WTGS). If the meteorological tower is to remain in place after the
maximum three (3) year period, it shall become a part of a (WTGS) and be subject to the
conditional use approval process required for a Wind Turbine Generation Station (WTGS)
as provided for PART 3 of this By-law.
c)
The area of land or buildings used or occupied for accessory uses on a site shall not exceed the
area of land or buildings respectively used or occupied by principal use on the same site.
d)
No land, building, or structure shall be used or occupied for any accessory use after the use or uses
to which it is accessory have been discontinued.
e)
Where the accessory building or structure is attached to a principal building or structure, it shall
be subject to, and shall conform to, all regulations of this by-law applicable to the principal building
or structure.
f)
Where the accessory building or structure is detached from the principal building or structure, it
shall be subject to, and shall conform to, all regulations of this by-law applicable to accessory
buildings or structures.
g)
An accessory building or structure shall not be used as a dwelling unit, except where otherwise
allowed in this by-law.
2.6
Required Yards
a)
Shall be free of buildings, except accessory buildings and structures, which must conform to the
other requirements of this By-law.
b)
Open, unenclosed projections, whether vertical or horizontal, such as stairs, landings, porches, and
unenclosed balconies, may extend into the required yards for not more than [50] per cent of the
required yard depth, up to a maximum of [three] metres (10 feet), except for wheelchair ramps
(or similar accessibility structures), which are not subject to the restrictions for required yards.
2.7
Temporary Buildings, Structures, or Uses
a)
Temporary buildings, structures or uses may be allowed on a non-permanent basis subject to the
issuance of a development permit under the following conditions:
i.
When required at the discretion of the development Officer, a Development Permit for a
temporary building, structure or use shall be subject to such terms and conditions as specified by
Council.
ii.
Each Development Permit issued for a temporary building, structure or use shall be valid for a
period of not more than [12] months and may not be renewed for more than [two] successive
periods on the same parcel of land. When required, a new permit may be issued.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 5
2.8
Buildings to be Moved or Removed
a)
No building or structure shall be moved in whole or in part to any other location unless every
portion of the building or structure is made to conform to or where a variation order is granted
pertaining to the regulations of this By-law applying to the zone in which it is located.
b)
Notwithstanding any other by-law or policy of a member municipality regarding demolitions or
removals, upon completion of the removal or demolition of a building from a site, the old
foundation shall be removed, any excavation shall be filled, the ground shall be leveled and the
site shall be put in a safe condition to the satisfaction of the Mid-West Planning District
Development Officer/Building Official with whom Council shall rely on for advice that the site
owner has undertaken appropriate action to ensure public safety on the affected site. Unless
otherwise specified, a minimum of 6 inches of topsoil is to be added to complete the filling of the
excavation.
2.9
Road Access
a)
No permanent building may be constructed or placed on a parcel that does not have legal access
to an improved public road.
2.10
Landlocked Sites
a)
In unique circumstances, Council may permit development on a site that only has frontage on a
private lane or road, provided that the said lane or road is at least twenty feet in width and
intersects with an improved street, and is secured by means of a registered easement and/or
declaration of right-of-way. Such accesses shall be developed and/or improved to a standard that
ensures all weather access by emergency services vehicles.
b)
For establishing the position of the required yards, the Development Officer shall determine the
front, side and rear site lines of a landlocked site.
2.11
Site Reduced by Road Widening
Where the site area or site width of an existing parcel of land have been reduced as a result of land acquired
for the establishment or widening of a public road or drain, or for any other public work, the resulting site
area and width of the parcel shall be deemed to be incompliance with the minimum site area and width
requirements for the existing lawfully established use of the parcel as specified by this by-law.
2.12
Unconventional Sites
Where a site is of such a unique configuration that the required yards cannot be ascertained in accordance
with the definitions of PART 6 herein, the Mid-West Planning District Development Officer may designate
the location of the required yards. The location and required dimensions of such yards shall be consistent
with the intent of the yards specified for the zone within which the site is located.
2.13
Service Connections
Where a parcel is served by municipal piped sewer or water, no permanent principal building or dwelling
shall be constructed or placed unless it is connected to such services.
2.14
Open Space Along Rural Roads
Areas adjacent to rural intersecting roads shall be kept clear of features which would contribute to snow
drifting problems on the roadway, or which would represent a safety hazard to motorists. Within all
agricultural zone(s), the following provisions shall apply to any required front yard, side yard or rear yard
that is adjacent to an improved government road allowance, highway or other municipal road:
Hamiota Municipal Zoning By-law No. 2019-04
Page | 6
(a)
No building or structure shall be constructed or located within the required yard, except for electric
fences, barbed wire fences, chain link fences, wooden rail fences which are at least seventy-five
(75) percent open in character and small shelters for children at school bus stops;
(b)
No excavation such as a dugout or gravel pit shall be located within the required yard;
(c)
No substantial planting (such as a shelterbelt or hedge) exceeding a height of three (3) feet shall
be located within the required front yard; and
(d)
No substantial stockpiling of materials, such as soil, gravel, bales or cordwood shall be located
within the required front yard.
2.15
Corner Vision Triangles
In order to provide for a reasonable measure of traffic safety within all of the municipality's zoning districts,
it is considered important to provide for good visibility conditions at street intersections, by establishing
special open space requirements as follows:
(a)
No building, structure, vehicular parking space, shelterbelt, hedge or stockpiling of materials
exceeding a height of three (3) feet above grade shall be located within a triangular area of any
site adjacent to an intersection of two public streets, with the sides of the triangular area being
measured a distance of ten (10) feet along each property boundary from the point of intersection.
2.16
Projections into Yards
Within all zoning districts in the Municipality, required yards are intended to provide open spaces around
buildings and structures for purposes of amenity, privacy, fire protection, and maintenance operations
along the walls of buildings. Required yards shall be maintained as open space areas on all sites, except as
follows:
(a)
Open, unenclosed stairs and landings may extend into any required front or rear yard to a
maximum distance of 10 feet, and there shall be no limitation on the construction of unenclosed
wheelchair ramps;
(b)
Other open, unenclosed projections of a building, including eaves, awnings, stairs, landings, wing-
walls, raised decks and balconies, may extend into a required yard up to 50 percent of the required
yard depth to a maximum projection of 5 feet, whichever is the lesser;
(c)
Enclosed projections of a building, including chimneys, alcoves, eaves and bay windows may
extend into a required yard up to 50 percent of the required yard depth to a maximum projection
of 5 feet, whichever is the lesser, provided that no more than 10 square feet of area within any
required yard is occupied by these types of projection;
(d)
Air conditioning units, pool equipment and/or compressors shall be accessory structures in all
zones and shall be subject to the following regulations:
1) Shall be a minimum distance of 15.0 feet (4.57m) to an openable window of a habitable
room on an adjoining lot.
2) If located in a front yard, it must be screened with compact hedges or shrubs or other
landscaping.
3) Should be no closer than 5.0 feet (1.52m) to a side site line in all Residential Zones. In all
other zones, it should be no closer than 10.0 feet (3.05m) to a side site line.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 7
(e)
Landscaping features such as driveways, sidewalks, and patios at grade level, ornamental
plantings, fences and other decorative features are permitted within any required yard, provided
that the maximum height of a fence in any required front yard shall be 3 feet, and the maximum
height of a fence in any required side or rear yard shall be 6 feet (1.82m);
(f)
A garage may be located in the required rear yard providing it is setback a minimum of 10 feet
from the rear property line except in instances where the garage doors do not face a rear lane or
street in which case the minimum required setback to the rear property line shall be reduced to
no less than three feet.
(g)
Portable buildings not exceeding 108 square feet in floor area for the storage of domestic
equipment may be located within any required interior side yard or required rear yard, provided
that the property lines are identified by a legal survey,
(h)
a separation distance of 2 feet is maintained from the site line, and a separation distance of 3 feet
is maintained from any dwelling.
(i)
The minimum distance between the principal building and any other building shall be 10 feet.
(j)
Cairns, with a maximum size (footprint) of 25 square feet may be located within a required yard.
2.17
Double Frontage Sites
Within all zones, where a site has frontage along two parallel streets, the following provisions shall apply:
(a)
Where the site depth is greater than two-hundred (200) feet, both site lines which abut these
streets shall be considered to be front site lines, and the adjacent yards shall both be considered
to be required front yards; and
(b)
Where the site depth is two-hundred (200) feet or less, only one (1) site line shall be considered
to be the front site line, and this determination shall be made by the development officer, based
on the arrangement of existing buildings in the immediate area.
2.18
Hazard Lands
(a)
No permanent building shall be constructed or placed in the vicinity of a lake, river, watercourse
or body of water on land that would be inundated by the one in two hundred year flood or by a
recorded flood exceeding the two hundred year flood, unless the owner provides sufficient
information prepared by a qualified engineering consultant licensed to practice in Manitoba, to
demonstrate to the satisfaction of council that the land is not subject to flooding; or proper
measures will be taken to protect the building from flooding.
(b)
No permanent building shall be constructed or placed on land which is subject to subsidence or
erosion by water or is marshy or unstable, or is otherwise unsuitable or hazardous by virtue of its
soil or topography, unless the owner provides sufficient information prepared by a qualified
engineering consultant licensed to practice in Manitoba, to demonstrate to the satisfaction of
council that proper measures will be taken to deal with the unsuitability or hazard. Only erosion
control or bank stabilization measures designed by a qualified engineer licensed by the Association
of Professional Engineers and Geoscientists of the Province of Manitoba will be accepted.
2.19
Public Reserve Land
Public reserve land shall only be used for:
(a) A public park or recreation area;
Hamiota Municipal Zoning By-law No. 2019-04
Page | 8
(b) A natural area;
(c) A planted buffer strip or part thereof separating incompatible land uses; or
(d) Public works.
2.20
Development Near Waste Disposal Grounds and Sewage Lagoons
Parcels of land containing active or abandoned waste disposal grounds and sewage lagoons shall not be
located within one thousand three hundred and twenty (1,320) feet and one thousand five hundred (1,500)
feet respectively of a dwelling or other habitable building, an urban zone, a "GD" - General Development
Zone, all "RR -"Rural Residential Zone(s) and "SR" - Seasonal Recreation Zone(s), unless a reduced
separation distance is recommended by the provincial authority having jurisdiction and Council approves a
variation order.
2.21
Development Near Areas with Potential for Aggregate Extraction
No building, dwelling, mobile or modular home or farm building or structure shall be constructed or located
within an area which has been designated as a high or medium quality aggregate area by the Province of
Manitoba, unless the site has been first been reviewed by the Mines Branch and a recommendation
provided which would allow development to proceed. Where the proposed building is a dwelling, mobile
or modular home, a separation distance of 500 feet shall be provided between the building location and
the limits of the deposit.
2.22
Development Near Railways
a)
Nothing in this By-law shall be interpreted so as to interfere with normal railway operations and
maintenance of railway trackage.
b)
Railway office buildings, warehouse facilities, maintenance buildings, and storage areas shall be
subject to the requirements of this By-law.
c)
No new dwelling unit shall be located within one hundred and fifty (150) feet of the edge of a
railway right-of-way.
d)
All non-railway works and development including surface mining and quarries within 50 metres of
a railway right-of-way are subject to the provisions of the Federal Railway Safety Act and its
regulations including the Mining Near Lines of Railways Regulations SOR/91-104, as amended).
2.23
Development Near the Provincial Highway System
With the exception of fences built for agricultural purposes, any structure or construction proposed within
the controlled areas adjacent to the provincial highway system, provincial permits are required from the
authority having jurisdiction. Permits from the provincial authority having jurisdiction are also required for
any new, modified (including the intensification of use), or relocated driveway proposed to a provincial road
or provincial trunk highway.
2.24
Onsite Water Supply and Sewage Disposal Systems
a)
In situations where piped municipal sewage collection and disposal services are not available, land
owners may be allowed to construct private sewage disposal systems on their development site in
accordance with all applicable provincial regulatory requirements. All onsite wastewater disposal
systems must be registered with the provincial authority having jurisdiction prior to installation by
a licensed installer. It is the responsibility of the landowner to apply for provincial permits and/or
approvals for all private sewage disposal system.
b)
The provincial authority having jurisdiction should be consulted about permitting or licensing
requirements for private water supplies. In the case of proposed development that involves the
construction or expansion of a public or semi-public water supply system, the proponent shall be
Hamiota Municipal Zoning By-law No. 2019-04
Page | 9
required to contact the Office of Drinking Water - Manitoba Sustainable Development and/or the
provincial authority having jurisdiction for information concerning licensing and approvals that
must be obtained prior to the commencement of construction.
2.25
Public Utilities
a)
This by-law shall be interpreted so as not to interfere with the construction, erection and location
of a public utility's works, plant, pipes, cables, or equipment as defined in this by-law provided that
the requirements of such public utility are of a standard compatible with the adjacent area, and
that any building or structure erected in any zone complies with the required yard and area
requirements applicable to the zone.
b)
Where a public utility (as defined in this By-law) of another municipality is proposed to be located
within Hamiota Municipality, it shall first apply to the Mid-West Planning District for approval prior
to the commencement of development.
c)
The use and bulk requirements of this by-law do not apply to the transmission facilities (wires, pipes,
poles and associated equipment such as transformers and sub-stations) of a public utility as defined
herein as equipment such as this may require only very small parcels or none at all (where easements
are used).
d)
All office buildings, warehouse facilities and storage compounds owned or used by any public utility
or public works shall be subject to all of the provisions of this By-law.
e)
Where any site requirement, including site area, site width, required yard or parking, is reduced
below the requirements of this By-law as a result of land acquired for any street, lane, public utility,
public works, public park area or public monument, it shall be deemed to conform to the
requirements of this By-law.
2.26
Oil and Gas Exploration and Extraction, Electric Transmission Lines and Structures, and Pipelines
Are deemed to comply with this by-law if they are carried out, constructed and operated in accordance
with federal and provincial law, except for oil battery facilities that shall be subject to the requirements of
PART 3 of this By-law.
2.27
Off Street Parking Requirements
a)
All accessory parking and loading areas and spaces shall be located on the same site as the use
served unless a variation order is approved by Council for any required parking and/or loading
areas or spaces located on a different site than the use being served.
b)
The surface of all accessory off-street parking and loading areas and spaces and the access
driveways thereto shall be surfaced with gravel, asphalt or concrete and shall be designed in such
a manner that there will be no free flow of water onto either adjacent properties or public
sidewalks.
c)
In all zones, when any new development is proposed, including a change of use of existing
development, or when any existing development is enlarged or increased in capacity, then
provision shall be made for accessory off-street parking in accordance with the regulations and
standards contained in this section of the By-law as set out below.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 10
Footnotes Forming Part of Table 2.1
1)
The following regulations shall apply to all parking areas as required by this By-law:
a)
In the case of a multiple use site, the Development Officer shall calculate the parking required for
each individual use and the total shall be deemed to be the required parking for the site, unless
the applicant can demonstrate to the satisfaction of Council that the complementary use of the
parking facilities would warrant a reduction in the parking requirements;
b)
Parking areas shall be provided with at least one entrance and one exit for vehicles, and driveways
and aisles for the removal of a vehicle without the necessity of moving any other vehicle;
c)
The area shall be drained and maintained with a stable surface which is treated so as to prevent
the rising of dust or loose particles; it may be constructed of crushed stone, slag, gravel, concrete,
asphalt or other approved material;
d)
Where parking areas are provided in any commercial, industrial or institutional zone and lighting
facilities are provided, such lights shall be so shielded and directed as to reflect away from any
TABLE 2.1: MINIMUM ONSITE PARKING SPACE REQUIREMENTS
Use
Number of Parking Spaces Required
Residential
Uses
Single-Dwelling
Two-Dwelling or Multi-Dwelling
Mobile Home Dwelling
Bed and Breakfast Home
Residential Care Facility
1.0 / Dwelling Unit
1.2 / Dwelling Unit
1.0 / Dwelling Unit
1.0 / Sleeping Accommodation
1.0 / each 2 dwelling or sleeping units
Commercial
Uses
Hotel and Motel
Eating and Drinking Establishment
Convenience and Retail Sales Stores
All other Commercial Establishments
1.0 / Guest Room or Sleeping Unit
1.0 / 4 seats or 1.0 per 100 sq./ft. (9.29 sq.m.) of floor
area, whichever is greater
1.0 per 200 sq./ft. (18.6 sq.m.) of floor area
1.0 per 250 sq./ft. (23.2 sq.m.) of floor area
Industrial
Uses
Industrial Uses
1.0 per 1,000 sq./ft. (92.9 sq.m.) of floor area or 1.0
per 5 employees, whichever is greater
Other Uses
Indoor Participant Recreation Service,
Religious Assembly, Outdoor Participant
Recreation Service, Private Club, Public Library
and Cultural Exhibit, and Community Centre
Extended Medical Treatment Service
Education Service
Government Service
Child Care Service
Funeral Service
1.0 per 5 seating spaces or 10 ft (3.05 m) of bench
space. Where there are no fixed seats, 1.0 for each 100
sq./ft. (9.29 sq.m.) of floor area devoted to the
assembly room floor area
2.0 per bed
1.5 per classroom, plus 1 for each 100 sq./ft. (9.29
sq.m.) of floor area devoted to public use
1.0 per 550 sq./ft. (51.1 sq.m.) of floor area
1.0 for every 2 employees
1.0 for every 5 seating places
*Where a proposed use is not listed above, the parking requirement shall be determined by the Development
Officer who shall base said accessory off-street parking required based on the accessory off-street parking
required for a similar use that is listed in this table.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 11
adjoining residential area. Where parking areas are provided in any residential zone and lighting
facilities are provided, such lights shall be so shielded and directed as to reflect away from any
adjoining residential property;
e)
Where a parking area is situated along a site line which coincides with the boundary of a residential
zone and is not separated there from by any street, lane or water course, a buffer of a design
acceptable to the Council shall be provided;
f)
No sign shall be erected except:
(i)
signs for the direction of traffic within the parking area, and
(ii)
directional signs of not more than five (5) square feet in area at each point of entrance
and exit.
Such signs may bear the name of the business if the parking area is connected thereto.
2)
The layout and design of parking areas shall be as follows:
a)
The layout and design of the parking area shall be in accordance with Table 2.1 "Minimum Onsite
Parking Space Requirements" and Table 2.2 "Parking Area Layout Requirements";
b)
The length of each parking space shall be exclusive of access driveways, aisles, ramps and columns,
and office or work areas;
c)
Where access to a parking space is directly from a lane, the width of the lane adjacent to said
parking space may be computed as part of the aisle width required for said parking space;
d)
The angle of parking shall be measured between the centerline of the parking space and the
centerline of the aisle;
e)
The off-street parking area shall be provided with an access drive with a minimum width of ten
(10) feet, to a street or lane;
f)
Except as provided for in paragraph (d), an aisle or driveway shall not mean a street or lane; and
g)
Design of parking areas and access drives need to address safe pedestrian circulation routes,
efficiency in the parking layout, accessibility, lighting, aesthetic appearance, service vehicle access,
and snow removal.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 12
2.28
Accessible Parking Spaces
Out of the total number of required off-street parking spaces, the owner must provide a portion of those
spaces so as to be accessible to persons with disabilities, in accordance with the following requirements:
1.
Each accessible parking space:
(i)
must be at least 11.5 ft. (3.5 m) wide;
(ii)
must be located within 200.0 ft (60.96 m) of major building entrances used by residents,
employees, or the public; and
(iii)
must include signage reserving the space for use by persons with disabilities.
a)
At least one curb ramp must be located within 100.0 ft (30.48 m) of the auto
parking space closest to each entrance to a principal or accessory building that
is not a service entrance; and
b)
The accessible parking space requirements are as follows:
TABLE 2-2: PARKING AREA LAYOUT REQUIREMENTS
Hamiota Municipal Zoning By-law No. 2019-04
Page | 13
TABLE 2.3: ACCESSIBLE PARKING SPACE REQUIREMENTS
Total Number of Parking Spaces Required Minimum Number of Accessible Parking Spaces Required
1-25
1
25-50
2
51-75
3
75-100
4
101+
4 plus 1 for every 50 additional spaces, to a maximum of 10
spaces
2.29
Loading Space Requirements
For all building and uses involving regular and frequent receiving, shipping, loading or unloading of persons,
animals, goods, wares, merchandise or raw materials, the owner or operator of the buildings or uses shall
provide and maintain on the site adequate loading and unloading spaces as follows:
a)
Each loading or unloading space shall be at least thirty (30) feet long, twelve (12) feet wide and
have a vertical clearance of at least fourteen (14) feet;
b)
Access to loading or unloading areas shall be by means of a driveway at least 20 feet wide
contained on the site in which the spaces are located and leading to a street or lane located within
the zone in which the use is located;
c)
Loading and unloading areas shall be maintained with a stable surface which is treated so as to
prevent the raising of dust or loose particles;
d)
Off-street loading spaces shall not be permitted in a required corner side yard; and
e)
The number of loading spaces shall be provided in accordance with the following:
TABLE 2.4: MINIMUM LOADING SPACES
Area of Building
Minimum Loading Space
Less than 5,000 square feet
One (1) space
Exceeding 5,000 square feet but not more than 15,000 square feet
Two (2) spaces
Exceeding 15,000 square feet
Three (3) spaces
2.30
Parking Area Entrances / Exits for Automobile Service Stations, Public Parking Areas, Drive-Through
Facilities, and Vehicle Sales
Automobile service stations, public parking areas, drive-through facilities, and all vehicle/equipment sales
shall require at least one entrance and one exit for vehicles, driveways and aisles for the removal of a vehicle
without the necessity of moving any other vehicle. Access to sites for the titled uses for vehicles shall be
only by way of entrances and exits provided in accordance with the following:
Hamiota Municipal Zoning By-law No. 2019-04
Page | 14
TABLE 2.5: PARKING AREA ENTRANCE AND EXIT REQUIREMENTS
Minimum width of an entrance or exit
20 ft.
Minimum width of a combined entrance and exit
25 ft.
Maximum width of an entrance or exit
40 ft.
Maximum width of a combined entrance and exit
60 ft.
Minimum distance between any part of an entrance, exit and the intersection of street site
lines or the intersection of a street site line and a side site line on a public lane
30 ft.
Minimum distance between entrances and exits
30 ft.
2.31
Fences - Residential Uses
A fence on a residential property:
a)
shall not include electric fences or barbed wire fences;
b)
shall not be higher than:
(i) 3.0 feet (0.91m) in a required front yard, and
(ii) 6.0 feet (1.82m) in a required side or rear yard measured from the highest part of the fence
to the point where the fence post enters grade;
c)
are permitted in all required yards and can be placed up to the property line; and
d)
Outdoor storage of materials shall only be in side and/or rear yards and shall not project above the
height of side or rear yard fences (where they exist or are proposed) except for recreation vehicles.
2.32
Fences - Non Residential Uses
A fence on all properties other than residential properties:
a)
in all agricultural zones, electric, barbed wire and wooden rail fences of a type not obstructing
views of road traffic shall be permitted within the limits of the parcel on which they are located
and should not exceed a height of 8 feet (See also section 2.23 of this PART).
b)
in the case of the "CC", "CH" and "MG" zones, chained wire fences are allowed where the top 2.0
feet (0.6 m) of the fence can be barbed wire for security purposes;
c)
shall not be higher than:
(i)
all other non-residential fencing shall not exceed 4.0 feet (1.22m) in a required front yard;
and
(ii)
8.0 feet (2.44m) in a required side or rear yard measured from the highest part of the
fence to the point where the fence post enters grade;
d)
are permitted in all required yards and can be placed up to the property line.
e)
outdoor storage shall be allowed to project above the height of front, side and rear yard fencing
but only in the "ML", "MH", "CH" and "CC" Zones.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 15
2.33
Advertising Signs and Billboards
Billboards and other advertising signs directing attention to a business, commodity or message offered
elsewhere than upon the same zoning site on which that sign is located may be allowed subject to satisfying
the zoning district specific use and bulk requirements set out in that zone's Use and Site Requirements
Table in PART 3 of this By-law. These signs will require the proponent to obtain a Development Permit and
may require conditional use approval subject to the total size of the advertising sign being proposed.
2.34
Accessory Signs - General Provisions
The following provisions shall apply to all accessory signs erected or maintained within the Municipality,
except wherein otherwise stated:
a) Accessory signs and sign structures may be allowed as accessory uses in accordance with PART 2,
Table 2.6 (below), and may require the issuance of a Development Permit;
b) All accessory signs shall comply with the minimum yard requirements for accessory structures in the
zone in which they are to be located or erected and as may be provided in this section;
c) No accessory sign or sign structure shall be erected at any location where it may interfere with or
obstruct the view of any street, intersection or railroad grade crossing, or be confused with any
authorized traffic sign, signal or device. No rotating beam, beacon or flashing illumination resembling
an emergency light shall be used in connection with any sign display;
d) No accessory sign may contain flashing lights or digital images unless specifically allowed in PART 2,
Table 2.6 (below). All accessory signs with flashing lights or digital images are prohibited within 100
feet (30 metres) of residential zones;
e) No accessory sign or structure shall be erected or maintained on, over or above any land or right-of-
way belonging to the Municipality without a Development Permit and an encroachment agreement
registered on title of the subject property/building which abuts the municipally owned right-of-way;
f) The placing of accessory signs within the controlled area of a Provincial Road or Provincial Trunk
Highway shall require a permit/approval from the provincial authority having jurisdiction;
g) All accessory signs shall be setback a minimum of 5 feet from the limits of the parcel on which it is
located and to which it is accessory. In the case of a corner lot, the corner side yard setback shall
be increased to minimum of twelve (12) feet.
h) All accessory signs and structures shall be kept in good repair and in a proper state of preservation.
Signs which have become obsolete because of discontinuance of the operation or activity or are not
maintained in good condition or repair shall be repaired, removed or relocated within 30 days
following notice by the Development Officer; and
i) The following accessory signs shall not require a Development Permit. However, they must still
comply with any applicable siting and setback requirements in this By-law:
a)
Signs posted by duly constituted public authorities in the performance of their public duties;
b)
Flags or emblems of a political, civic, educational or religious organization;
c)
Commemorative or memorial signs or tablets;
d)
Temporary signs including real estate signs, construction signs, election signs, garage sale signs
and similar;
e)
Residential on-site identification signs or warning signs (such as "Private Property" signs and
similar) not exceeding four (4) square feet in surface area; and
Hamiota Municipal Zoning By-law No. 2019-04
Page | 16
f)
Signs required for direction and convenience of the public, including signs identifying
restrooms or parking entrances, not exceeding five (5) square feet in sign surface area.
TABLE 2.6: ZONING DISTRICT SPECIFIC ACCESSORY SIGN REGULATIONS BY SIGN TYPE
Sign Type
Siting Specifications
Allowed in
Zones
Development
Permit
Required
Quantity
1 per address
Area
maximum 4.0 square feet for single
detached dwellings, 32 square feet for
multi-dwellings, Place of Worship and other
non-residential buildings
Depth
max 3.0 inches
AG, AR
GD
RR2, RR5, RS
RSM, RMMP
CC, CH
ML, MH
OR
No
Quantity
1 per window
Area
n/a
Width
maximum equal to building facade
Depth
minimum 4.0 feet
Dist. from Curb
min 2.0 feet
GD
CC, CH
ML, MH
OR
Yes
Quantity
1 per business
Area
1.5 square foot per linear foot of facade
Width
max 90% width of facade
Depth
max 7.0 in
GD
CC, CH
ML, MH
OR
No
Quantity
1 per site
Area
single occupancy = max 100 square feet.
multiple occupancy = max 300 square feet.
Height
maximum 8.0 feet
Width
maximum 4.0 feet
Depth
max 12.0 inches
AG, AR
GD
CC, CH
ML, MH
OR
Yes
Address/Name
Awning
Fascia/Wall
Freestanding/Ground
Hamiota Municipal Zoning By-law No. 2019-04
Page | 17
TABLE 2.6: ZONING DISTRICT SPECIFIC ACCESSORY SIGN REGULATIONS BY SIGN TYPE
Sign Type
Siting Specifications
Allowed in
Zones
Development
Permit
Required
Quantity
1 per business
Area
n/a
Width
entrance plus 2 feet per side
Depth
minimum 4.0 feet; maximum 10 feet
Dist. from Curb
minimum 3.0 feet
GD
CC, CH
ML, MH
OR
Yes
Quantity
1 per business
Area
max 6.0 square feet.
Width
max 3.5 feet
Height
max 3.5 feet
Depth
max 6.0 inches
GD
CC, CH
ML, MH
OR
No
Quantity
1 per site
Area
maximum 48.0 square feet.
Width
n/a
Height
maximum 10.0 feet.
Setback a minimum of 12 feet from the corner site
lines of intersecting streets
AG, AR
GD
CC, CH
ML, MH
OR
Yes
Quantity
1 per business
Area
max 4.0 square feet.
Width
maximum 4.0 feet
Depth
maximum 4.0 feet
GD
CC, CH
ML, MH
OR
Yes
Quantity
1 per business
Area
maximum 8.0 square feet.
Width
maximum 26 inches
Height
maximum 42 inches
GD
CC, CH
ML, MH
OR
No
Marquee
Outdoor Display Case
Sidewalk/Sandwich
Projecting
Portable/Mobile
Hamiota Municipal Zoning By-law No. 2019-04
Page | 18
TABLE 2.6: ZONING DISTRICT SPECIFIC ACCESSORY SIGN REGULATIONS BY SIGN TYPE
Sign Type
Siting Specifications
Allowed in
Zones
Development
Permit
Required
Quantity
1 per window
Area
maximum 25% of glass area
GD
CC, CH
ML, MH
OR
No
Quantity
1 per site
Area
maximum 6 square feet.
Width
maximum 3.0 feet
Height
maximum 2.0 feet (not incl. post)
Clearance
min 3.0 feet to sign edge
Apex
max 6.0 feet to top of post
AG, AR
RR2, RR5 RS,
RSM, RMMP
CC, CH
ML, MH
OR
No
Window
Yard/Identification
Hamiota Municipal Zoning By-law No. 2019-04
Page | 19
PART 3: Zoning Districts
3.1
Zoning Districts in Hamiota Municipality
The following zoning districts are hereby established in this By-law and are intended to provide sufficient
land in suitable locations to meet the needs of the municipality while also being generally consistent with
the provisions of the Mid-West Planning District Development Plan.
TABLE 3.1: ZONING DISTRICTS ESTABLISHED
Abbreviations
Zoning District Name
Refer to
Section
"AG"
Agriculture General Zone
3.6
"AR"
Agriculture-Restricted Zone
3.7
"GD"
General Development Zone
3.8
"RR2"
Rural Residential Zone
3.9
"RR5"
Rural Estate Residential Zone
3.10
"RS"
Residential Serviced Zone
3.11
"RSM"
Residential Serviced Multi-Unit Zone
3.12
"RMMP"
Residential Mobile/Modular Home Park Zone
3.13
"CC"
Commercial Central Zone
3.14
"CH"
Commercial Highway Zone
3.15
"ML"
Industrial Light Zone
3.16
"MH"
Industrial Heavy Zone
3.17
"OR"
Open Space / Recreation Zone
3.18
3.2
Zoning District Boundaries
The zoning districts established in TABLE 3.1 (above) shall apply within the boundaries of the zones shown
on the maps in Schedule "A" of this by-law and the following rules of interpretation shall apply in all zoning
districts:
a) Boundaries indicated as approximately following the centre-lines of streets, lanes, highways, rivers,
or railway or public utility lines or rights-of-way shall be construed to follow such centre-lines;
b) Boundaries indicated as approximately following parcel limits as shown on a registered plan or by
reference to the Dominion Government Survey shall be construed to follow such parcel limits.
3.3
Permitted and Conditional Uses
The permitted, conditional and accessory uses prescribed for parcels within each zoning district are those
set out in the Use Tables of PART 3 of this By-law as follows:
a) Permitted uses are indicated with the letter [P].
b) Conditional uses are indicated with the letter [C].
3.4
Use and Bulk Regulations
No land, building or structure shall be used or occupied, and no building or structure shall be constructed,
erected, altered, enlarged, or placed, except in accordance with the use and bulk requirements described
in the Use and Bulk Regulations Tables of this PART or elsewhere in this by-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 20
3.5
Additional Requirements for Specific Uses in Different Zones
Regardless of whether a use is allowed as a permitted use or a conditional use, and regardless of the zoning
district in which the use is located, additional standards for specific uses may apply and are set out in PART
4 of this By-law and must be met, except as may otherwise be provided for in this By-law through a
Conditional Use or Variance Order.
3.6
"AG" Agriculture General Zoning District Purpose and Intent
The "AG" Agriculture General Zoning District is hereby established in this zoning by-law and is intended to:
(a)
Support and strengthen the agricultural industry in the municipality and to provide flexibility and
opportunity for farm operators to engage in a variety and range of farming practices; and
(b)
Protect the agricultural industry and its land resources in recognition of the contribution of agriculture
to the economy, lifestyle and character of the municipality.
(c)
Protect the environmental carrying capacity of the land base to sustain the range of uses associated
with this zoning district.
(d)
Allow for a limited amount of non-agricultural uses, provided the primary use of the land is
agriculture.
3.6.1
"AG" Agriculture General Zone - Accessory Uses, Buildings and Structures
Permitted Accessory Uses, Buildings and Structures
i)
Accessory Animal Housing Facilities located on conditionally approved small rural land
holdings such as a "riding academy and stables" or a "non-farm dwelling" site shall be
allowed as a permitted accessory use. In such circumstances, each site shall be allowed
to accommodate a maximum of up to nine (9) animal units (cumulative across species) as
calculated from PART 4, Table 4.1 of this by-law and shall not exceed one animal unit per
acre of site area and shall be subject to the following additional requirements:
The animal housing facility and any manure stored onsite shall be separated a minimum
distance of five hundred (500) feet from the limits of all General Development Zones,
Rural Residential Zones and/or Seasonal Recreation Zones and three hundred and twenty-
eight (328) feet away from all residences other than the owner's residence located on the
same site as the animal housing facility and any manure stored onsite, adjacent motels,
restaurants and community buildings. In addition, all animal housing facilities and any
manure stored onsite shall be setback a minimum of 125 feet from all public roads, and
seventy-five (75) feet from the side and rear limits of limits of the property on which they
are sited.
1.
Notwithstanding the nine (9) animal unit cap (cumulative across species)
referred to in this section, where a conditionally approved riding academy and
stables or non-farm dwelling site proposes to keep ten (10) or more animal units
(cumulative across species), they shall be deemed to be a "livestock operation"
as defined in PART 6 of this by-law and shall be required to satisfy the use and
bulk requirements for a "livestock operation" in the "AG" Agricultural General
Zone as set out in PART 4 this by-law as well as having to satisfy other provisions
of PART 5 of this by-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 21
ii)
Accessory Domestic Structures
Accessory structures such as but not limited to decks, patios, statuary, flagpoles, private
garages, garden sheds, gazebos, swimming pools and other similar features.
iii)
Accessory Religious Institution
In the "AG" zone, an "accessory religious institution" which is located on the same site
and in direct support of either a permitted or conditionally approved agricultural activity
or livestock operation may be developed and shall be treated as a permitted accessory
structure.
iv)
Accessory Shipping Containers
In the "AG" Zone, an "accessory shipping container" as defined in PART 6 of this by-law
may be developed as a permitted accessory building only when it is located on the same
site as a permitted or conditionally approved general or specialized agricultural activity,
livestock operation, farm or non-farm dwelling site and in all cases it shall be located to
the rear of the principal dwelling on the site. All accessory shipping containers as
provided for herein shall be subject to the issuance of a Development Permit and must
meet all other requirements of the zoning by-law, Manitoba Building Code and Manitoba
Fire Code (where applicable).
v)
Accessory Signs as provided for in PART 2 of this By-law.
vi)
Accessory Tent Like Structures
In the "AG" Zone, an "accessory tent-like structure" as defined in PART 6 of this by-law
may be developed as a permitted accessory building only when it is located on the same
site as a permitted or conditionally approved general or specialized agricultural activity,
livestock operation, farm or non-farm dwelling site. All accessory tent-like structures
greater than one-hundred and eight (108) square feet shall be subject to the issuance of
a Development Permit.
vii)
Farm dwellings, Mobile and/or Modular Homes when located on the same parcel of land
as the agricultural operation to which they are accessory.
viii)
Home based business activities shall be developed in accordance with the requirements
of PART 4 of this by-law.
ix)
Personal Telecommunications Tower used to support ancillary devices such as but not
limited to citizens' band radio, television or internet service that is located on the same
site and in direct support of either a permitted or conditionally approved single private
agricultural activity or private residential activity shall be treated as a permitted accessory
structure. All such personal telecommunications tower structures shall be set back from
all property lines a minimum distance equal to its total height, measured from the ground
to the uppermost point of its extension.
Conditional Accessory Uses Buildings and Structures
i)
Accessory Farm Based Air Landing Strips and Related Storage Facilities
a)
In the "AG" Zone, all newly siting accessory farm-based air landing strips and
their related storage facilities may be developed as a conditionally approved
accessory use only when they are located on and forming part of a permitted or
conditionally approved agricultural operation subject to the following additional
requirements:
Hamiota Municipal Zoning By-law No. 2019-04
Page | 22
1)
The minimum parcel size required for a permitted or conditionally
approved agricultural operation wanting to develop an accessory farm-
based air land strip and its associated storage facilities shall be 80 acres
and the site shall have a minimum width of one-thousand (1,000) feet;
2)
The accessory farm-based air landing strip and any related storage
facilities shall be setback a minimum of 300 feet from all property lines
of the site on which it is located;
3)
No newly siting accessory farm-based air landing strip and any related
storage facilities shall be developed within 1 mile of the limits of a "GD"
General Development zone, all rural residential zone(s) and all seasonal
recreation zones.
4)
Existing farm-based air landing strips and their related storage facilities
which do not comply with the minimum use and bulk and siting and
setback requirements as set out in this section shall be deemed to be
an approved accessory use as they existed on the date of the adoption
of this by-law.
5)
Notwithstanding anything in this By-law, all accessory farm-based air
landing strips and their related storage facilities shall be subject to
Transport Canada requirements and/or recommended guidelines
(where applicable) and it shall be the responsibility of the proponent to
investigate the need for any required permits, approval or licenses as
may be required from Transport Canada.
ii)
Secondary Suite
Not more than one "secondary suite" as defined in PART 6 of this by-law may be
developed as a conditionally approved accessory use and only when it is located on the
same zoning site and is located within and/or forming part of either an existing or newly
proposed permitted "farm dwelling" or conditionally approved "non-farm dwelling".
Notwithstanding the siting and setback requirements for "accessory uses" as provided for
in Table 3.2 of this PART, all secondary suites shall satisfy all of the siting and setback
requirements of PART 3, Table 3.2 herein applicable to the principal dwelling within which
the secondary suite is to be developed and all secondary suites shall not exceed 49% of
the total habitable floor space of the principal dwelling in which it is developed. In all
cases, where a secondary suite is being proposed, the principal dwelling in which the
secondary suite is being proposed shall be occupied by the owner of the property. It shall
be the responsibility of the proponent to consult with the provincial authority having
jurisdiction prior to construction to determine the suitability of the site for the secondary
suite and determine the need for any provincial permits, approvals or licenses as may be
required associated with new or expanded or modified on-site wastewater collection and
drinking water systems and/or the provision of hydro services.
Prohibited Accessory Uses Buildings and Structures
Hamiota Municipal Zoning By-law No. 2019-04
Page | 23
NOTE: For information related to projections into required yards, on-site parking and loading and fencing,
refer to PART 2 of this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 24
TABLE 3.2: USE & SITE REQUIREMENTS: "AG"
AGRICULTURE GENERAL ZONE
MINIMUM REQUIREMENTS (q) (r)
SITE SIZE
REQUIRED YARDS
Area
(Acres)
Width
(feet)
Front
(feet)
(a)
Side
(feet)
(a) (b)
Rear
(feet)
(a) (b)
PERMITTED USES
Advertising Signs (with a sign surface area up to 54 sq./ft.
in size)
-
-
25 (h)
15 (h)
15 (h)
Agricultural Activities, General
80
1,000
125
25
25
Livestock Operations with a capacity between 10 to 299
Animal units (AUs) (cumulative across species) (e) (See
also PARTS 4 and 6 herein)
80 (d)
1,000
125(i)
25 (i)
25 (i)
Market Gardens, Nurseries or Greenhouses
2
200
125
25
25
CONDITIONAL USES
Advertising Signs (with a sign surface area greater than
54 sq./ft.. in size)
-
-
25 (h)
15 (h)
15 (h)
Agricultural Activities, Specialized (c) (n)
2
200
125
25
25
Agro-Commercial/Industrial Manufacturing
Establishments
2 (f)
200
125
25
25
Agricultural produce handling or processing
2
200
125
25
25
Agricultural sales or service
2 (f)
200
125 (g)
25 (g)
25 (g)
Auction Marts
2 (f)
200
125
25
25
Body Shops, Salvage Yards and Automobile Wrecking
Operations (p)
2 (f)
200
125
25
25
Campgrounds
2 (f)
200
125
25
25
Cemeteries
2 (f)
200
0
0
0
Community Halls (p)
2 (f)
200
125
25
25
Contracting Establishments (p)
2
200
125
25
25
Exhibition Grounds (p)
2
200
125
25
25
Golf Courses and Buildings (p)
40
1,000
125
25
25
Kennels and Fur Farms
2 (f)
200
125
25
25
Livestock Operations with a capacity of 300 animal units
(AU's) or more (cumulative across species) (e) (See also
PARTS 4 and 6 of this By-law)
80 (d)
1,000
125(i)
25 (i)
25 (i)
Manufacturing, Indoor provincially licensed cannabis
cultivation, processing and packaging facilities and their
related activities).
2 (f)
200
125
25
25
Motor Vehicle or Agriculture Equipment Service
2 (f)
200
125
25
25
Museums or Historic Sites
2 (f)
200
125
25
25
Natural Resource Extraction, Surface Mining and Gravel
Pits
2
200
125
50
50
Non-Farm and Farm Dwellings (m)
2 (f)
200
125
25
25
Oil Field Battery Facilities (l)
2
200
125
25
25
Outdoor Recreation Facilities (p)
2
200
125
25
25
Public Works Compounds and Buildings
2 (f)
200
125
25
25
Place of Worship (p)
2 (f)
200
125
25
25
Riding Academies and Stables (m)
2
200
125
25
25
Hamiota Municipal Zoning By-law No. 2019-04
Page | 25
TABLE 3.2: USE & SITE REQUIREMENTS: "AG"
AGRICULTURE GENERAL ZONE
MINIMUM REQUIREMENTS (q) (r)
SITE SIZE
REQUIRED YARDS
Area
(Acres)
Width
(feet)
Front
(feet)
(a)
Side
(feet)
(a) (b)
Rear
(feet)
(a) (b)
Sewage Lagoons
2
200
125
50
50
Trucking Establishments (p)
2 (f)
200
125
25
25
Veterinary Clinics
2 (f)
200
125
25
25
Waste Disposal Sites
2
200
125
50
50
Wildlife Management Areas
2
200
125
25
25
Wind Energy Generation Stations (WEGS) (j)
7
550
125(k)
125(k)
125(k)
ACCESSORY USES, BUILDINGS, STRUCTURES
Accessory uses, buildings and structures (See also
PARTS 2 and 4 of this by-law
-
-
125
25
25
NOTES:
1
For information concerning the treatment of lawfully established existing uses, buildings and structures in existence prior to the adoption
of this by-law, please refer to PART 2: Uses of this by-law.
2
Provisions of PART 2 General Rules and Regulations Applicable in All Zoning Districts and PART 4: Additional Requirements for Specific
Permitted, Conditional and Accessory Uses in Different Zones of this by-law shall also apply in this zone. In the event of a conflict
between the provisions of PART 2 or PART 4 and the use and site requirements of this table, the highest or most restrictive requirement
shall prevail and shall be satisfied.
Footnotes Forming Part of Table 3.2: "AG" Agriculture General Zone:
(a)
Under authority of the applicable provincial Act, where any structure or development is proposed under,
below or at ground level within the controlled areas of the provincial highway system, permits must be
obtained from provincial authority having jurisdiction.
(b)
Except for cemeteries where a site or rear site line is adjacent to a government road allowance or other
municipal road, the minimum required yard shall be 125 feet.
(c)
Apiaries or bee colonies shall be considered as a conditional use when proposed to be located within 1 mile
of a designated residential area, seasonal recreation area and/or urban settlement center.
(d)
Notwithstanding the minimum site area requirement specified in TABLE 3.2 herein, all newly siting or
expanding livestock operations shall have access to (either by direct ownership or lease) and use of
sufficient lands to accept the application of all of the livestock manure generated by the operation in a
sustainable manner on an annual basis in accordance with the provisions of the Livestock, Manure &
Mortalities Management Regulation 42/98, as amended and the Nutrient Management Regulation
62/2008, as amended.
(e)
New or expanding livestock operations are deemed to be a conditional use regardless of their location
when the total number of animal units (AUs) being produced, inclusive of all animal species, is equal to or
greater than three hundred (300) animal units (AUs) cumulative across species. All livestock operations
located in the "AG" Agriculture General Zone producing 10 or more animal units (cumulative across
species) shall also be subject to the requirements of PART 4 of this by-law.
(f)
The maximum site area shall be 10 acres, unless physical features of the site, such as natural drains,
shelterbelts, etc. indicate that a slightly larger site would be appropriate.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 26
(g)
Anhydrous ammonia storage facilities shall be set back 350 feet from any public roadway, and shall be
separated by a distance of 1,000 feet from any individual residence or building of human occupation except
for the residence or building of human occupation of the operator or caretaker and shall be separated by a
distance of 2,640 feet from any residential area and public buildings.
(h)
Where two municipal roads intersect the minimum required yard shall be 200 feet measured from the
centre line of the intersection.
(i)
Notwithstanding the requirements of Table 3.2 herein, all animal housing facilities shall be setback a
minimum of 50 metres (164 feet) from the property boundaries of the livestock operation and all feedlots
and manure storage facilities shall be setback a minimum of 100 metres (328 feet) from the property
boundaries of the livestock operation.
(j)
Additional Requirements for Siting Wind Energy Generation Stations:
In addition to satisfying the minimum requirements of Table 3.2 of PART 3 herein, the following additional
requirements shall also apply to the development of wind energy generation stations (WEGS).
i.
Each wind energy generation station (WEGS) facility shall be dedicated only to the location of the
wind energy generation station tower and/or the associated accessory buildings and
infrastructure. The wind turbine tower is the principal use of the (WEGS) site but the land within
the (WEGS) site that is not used for the facility may be used for compatible agricultural activities
provided all other provisions of this by-law are satisfied.
ii.
No portion of a (WEGS) tower, including its blade assembly shall extend beyond the limits of the
site on which it is located unless the affected property owner has provided written authorization
to the WEGS developer and Development Officer.
iii.
All accessory buildings and structures associated with and located on the same site as a Wind
Energy Generation Station (WEGS) tower shall be set back a minimum of 125 feet from all property
lines of the site on which the (WEGS) is located. Where the site is located within the controlled
areas of the provincial highway system, the proponent shall be responsible for obtaining required
permits from provincial authority having jurisdiction.
iv.
A (WESG) project involving more than one site and/or parcel of land may be processed at the same
time. However, separate conditional use applications and any resulting conditional use orders shall
be issued for each separate site containing one or more wind energy generation station tower.
v.
Proponents of a wind energy generation station (WEGS) development shall submit to the
Development Officer a detailed site plan showing the location of all wind turbine towers, electrical
lines (above or below ground), on-site roads and driveways providing access to the public road
system and setback information to adjacent development as part of the conditional use
application.
vi.
Proponents of a (WEGS) development are responsible for obtaining any required Federal and/or
Provincial permits or approvals from agencies such as but not limited to Transport Canada, NAV
Canada, Manitoba Hydro and all provincial authority having jurisdiction, prior to the issuance of a
development permit and any required building permits.
vii.
When locating a proposed wind energy generation station tower in the vicinity of an airport all
Transport Canada regulations regarding lighting, height and location of buildings and structures
shall be satisfied.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 27
viii.
A development permit and building permit (if required) shall be obtained prior to the
commencement of construction.
ix.
All signage and/or lighting affixed to a commercial Wind Energy Generation Station (WEGS) towers
shall be subject to the approval of Council. Any illumination of the facility shall be arranged so that
it does not create glare at any nearby property or public roadway.
x.
A private wind energy generation station (WEGS) located on the same site and in direct support of
either a permitted or conditionally approved single private agricultural activity or private
residential activity shall be treated as an accessory structure. This structure shall be set back from
all property lines of the site on which it is located a minimum distance equal to its total height,
measured from the ground to the uppermost point of extension of its rotors.
xi.
The total height of all (WEGS) towers shall be the distance measured from the ground to the
uppermost point of the extension of any rotor blade.
(k)
Minimum Separation Distances Between Wind Energy Generation Stations and Adjacent Development:
In addition to satisfying the minimum requirements of Table 3.2 of PART 3 herein, the following additional
mutual separation distances set out below shall also apply to both land uses cited in each clause).
i.
All (WEGS) tower bases shall be separated a minimum distance of one thousand six hundred and
forty feet from all dwellings and other habitable buildings (e.g. motel) located on all lands except
as provided in clause ii (below).
ii.
All (WEGS) tower bases shall be separated a minimum distance of one and one half (1.5) times the
total height of the tower plus rotor from employee accommodation buildings built and owned by
the WEGS company/operator which are located on leased or owned lands which are part of the
wind farm development.
iii.
All (WEGS) towers shall be separated a minimum of 1.5 times their total height from any other
titled property including the boundary of a railway right-of-way, government road allowance or
provincial road or provincial trunk highway. Where a (WEGS) is proposed within the controlled
area of a provincial road or provincial trunk highway, they shall be subject to the approval of the
provincial authority having jurisdiction.
iv.
All (WEGS) tower bases shall be setback a minimum two hundred (200 feet) from the ordinary high
water level of a lake or water course.
v.
All WEGS) tower bases shall be setback a minimum of one half mile (2640 feet) from all zoned
urban areas, rural residential areas and/or seasonal recreation areas.
(l)
Oil field battery facilities shall be considered a conditional use only when they are proposed to be located
or expanded within one half mile of any dwelling or habitable structure, otherwise they shall be deemed a
permitted use.
(m)
Animal housing facilities located on small rural land holdings such as a "riding academy and stable" or a
single "farm dwelling" site or "non-farm dwelling" site shall be allowed as a permitted accessory use in all
agricultural zones. In such circumstances, each site shall be allowed to accommodate a maximum of up to
nine (9) animal units (cumulative across species) as calculated from Table 4-1 of PART 4 of this by-law and
shall be subject to the following additional requirements:
Hamiota Municipal Zoning By-law No. 2019-04
Page | 28
1)
a)
The animal housing facility and any manure stored onsite shall be separated a minimum
distance of five hundred (500) feet (152.4 meters) from the limits of all "GD" General
Development zones, "RR" Rural Residential zones herein and three hundred and twenty-
eight (328) feet (100m) away from all residences other than the owner's residence located
on the same site as the animal housing facility and any manure stored onsite, adjacent
motels, restaurants and community buildings. In addition, all animal housing facilities
and any manure stored onsite shall be setback a minimum of 125 feet from all public
roads and seventy-five (75) feet from the side and rear limits of the property on which
they are sited.
b)
The maximum amount of livestock which may be kept within a small rural land holding
such as a riding academy and stables or single farm or non-farm dwelling site shall not
exceed 0.75 Animal Units (AU) per two (2) acres of site area, to a maximum of nine (9)
Animal Units (cumulative across species).
2)
Notwithstanding subsection 1) b) (above), where a conditionally approved riding academy and
stables proposes to keep ten (10) or more animal units (cumulative across species), they shall be
deemed to be a "livestock operation" as defined in PART 6 of this by-law and shall be subject to
the use and site requirements for a "livestock operation" as set out in TABLE 3.2 of this PART as
well as the requirements of PART 4 of this by-law.
(n)
Council or the Mid-West Planning District may require the proponent to provide it with a physical site plan
and/or a business plan as part of the conditional use application to assist in determining support for this
type of land use.
(o)
Where a proposed development involves the construction of "water control works" or "drainage works" as
identified under the Water Rights Act, it shall be the responsibility of the proponent to contact the provincial
authority having jurisdiction to obtain any required licenses or approvals prior to the commencement of
development.
(p)
Newly siting facilities of this type shall generally be directed to existing urban and rural settlement centers
but may be allowed in the 'AG' Agriculture General Zone if Council is satisfied that no suitable site is
available in an existing urban community.
(q)
All required yards specified for any use shall be located on the same site as the use, and shall be maintained
as open space except as provided elsewhere in this By-law.
(r)
All mobile and modular homes must meet all structural standards as determined by The Buildings and
Mobile Home Act, as amended.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 29
3.7
"AR" Agriculture-Restricted Zoning District Purpose and Intent
The "AR" Agriculture-Restricted Zoning District is hereby established in this zoning by-law and is intended
to:
(a)
Support and strengthen the agricultural industry in the municipality and to provide flexibility and
opportunity for farm operators to engage in a variety and range of farming practices; and
(b)
Protect the agricultural industry and its land resources in recognition of the contribution of agriculture
to the economy, lifestyle and character of the municipality.
(c)
Protect the environmental carrying capacity of the land base to sustain the range of uses associated
with this zoning district.
(d)
Allow for a limited amount of non-agricultural uses, provided the primary use of the land is
agriculture.
3.7.1
"AR" Agriculture-Restricted Zone - Accessory Uses, Buildings and Structures
Permitted Accessory Uses, Buildings and Structures
i)
Accessory Animal Housing Facilities located on conditionally approved small rural land holdings
such as a "riding academy and stables" or a "non-farm dwelling" site shall be allowed as a
permitted accessory use. In such circumstances, each site shall be allowed to accommodate a
maximum of up to nine (9) animal units (cumulative across species) as calculated from PART 4,
Table 4.1 of this by-law and shall not exceed one animal unit per acre of site area and shall be
subject to the following additional requirements:
1.
The animal housing facility and any manure stored onsite shall be separated a minimum
distance of five hundred (500) feet from the limits of all General Development Zones,
Rural Residential Zones and three hundred and twenty-eight (328) feet away from all
residences other than the owner's residence located on the same site as the animal
housing facility and any manure stored onsite, adjacent motels, restaurants and
community buildings. In addition, all animal housing facilities and any manure stored
onsite shall be setback a minimum of 125 feet from all public roads, and seventy-five (75)
feet from the side and rear limits of limits of the property on which they are sited.
2.
Notwithstanding the nine (9) animal unit cap (cumulative across species) referred to in
this section, where a conditionally approved riding academy and stables or non-farm
dwelling site proposes to keep ten (10) or more animal units (cumulative across species),
they shall be deemed to be a "livestock operation" as defined in PART 6 of this by-law and
shall be required to satisfy the use and bulk requirements for a "livestock operation" in
the "AG" Agricultural General Zone as set out in PART 4 this by-law as well as having to
satisfy other provisions of PART 5 of this by-law.
ii)
Accessory Domestic Structures
Accessory structures such as but not limited to decks, patios, statuary, flagpoles, private garages,
garden sheds, gazebos, swimming pools and other similar features.
iii)
Accessory Religious Institution
In the "AR" zone, an "accessory religious institution" which is located on the same site and in direct
support of either a permitted or conditionally approved agricultural activity or livestock operation
may be developed and shall be treated as a permitted accessory structure.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 30
iv)
Accessory Shipping Containers
In the "AR" Zone, an "accessory shipping container" as defined in PART 6 of this by-law may be
developed as a permitted accessory building only when it is located on the same site as a permitted
or conditionally approved general or specialized agricultural activity, livestock operation, farm or
non-farm dwelling site and in all cases it shall be located to the rear of the principal dwelling on
the site. All accessory shipping containers as provided for herein shall be subject to the issuance
of a Development Permit and must meet all other requirements of the zoning by-law, Manitoba
Building Code and Manitoba Fire Code (where applicable).
v)
Accessory Signs as provided for in PART 2 of this By-law.
vi)
Accessory Tent Like Structures
In the "AR" Zone, an "accessory tent-like structure" as defined in PART 6 of this by-law may be
developed as a permitted accessory building only when it is located on the same site as a permitted
or conditionally approved general or specialized agricultural activity, livestock operation, farm or
non-farm dwelling site. All accessory tent-like structures greater than one-hundred and eight (108)
square feet shall be subject to the issuance of a Development Permit.
vii)
Farm dwellings, Mobile and/or Modular Homes when located on the same parcel of land as the
agricultural operation to which they are accessory.
viii)
Home based business activities shall be developed in accordance with the requirements of PART
4 of this by-law.
ix)
Personal Telecommunications Tower used to support ancillary devices such as but not limited to
citizens' band radio, television or internet service which is located on the same site and in direct
support of either a permitted or conditionally approved single private agricultural activity or
private residential activity shall be treated as a permitted accessory structure. All such personal
telecommunications tower structures shall be set back from all property lines a minimum distance
equal to its total height, measured from the ground to the uppermost point of its extension.
Conditional Accessory Uses Buildings and Structures
i)
Accessory Farm Based Air Landing Strips and Related Storage Facilities
In the "AR" Zone, all newly siting accessory farm-based air landing strips and their related storage
facilities may be developed as a conditionally approved accessory use only when they are located
on and forming part of a permitted or conditionally approved agricultural operation subject to the
following additional requirements:
1)
The minimum parcel size required for a permitted or conditionally approved agricultural
operation wanting to develop an accessory farm-based air land strip and its associated
storage facilities shall be 80 acres and the site shall have a minimum width of one-
thousand (1,000) feet;
2)
The accessory farm-based air landing strip and any related storage facilities shall be
setback a minimum of 300 feet from all property lines of the site on which it is located;
3)
No newly siting accessory farm-based air landing strip and any related storage facilities
shall be developed within 1 mile of the limits of a "GD" General Development zone, all
rural residential zone(s) and all seasonal recreation zones.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 31
4)
Existing farm-based air landing strips and their related storage facilities which do not
comply with the minimum use and bulk and siting and setback requirements as set out in
this section shall be deemed to be an approved accessory use as they existed on the date
of the adoption of this by-law.
5)
Notwithstanding anything in this By-law, all accessory farm-based air landing strips and
their related storage facilities shall be subject to Transport Canada requirements and/or
recommended guidelines (where applicable) and it shall be the responsibility of the
proponent to investigate the need for any required permits, approval or licenses as may
be required from Transport Canada.
ii)
Secondary Suite
Not more than one "secondary suite" as defined in PART 6 of this by-law may be developed as a
conditionally approved accessory use and only when it is located on the same zoning site and is
located within and/or forming part of either an existing or newly proposed permitted "farm
dwelling" or conditionally approved "non-farm dwelling". Notwithstanding the siting and setback
requirements for "accessory uses" as provided for in Table 3.2 of this PART, all secondary suites
shall satisfy all of the siting and setback requirements of PART 3, Table 3.2 herein applicable to the
principal dwelling within which the secondary suite is to be developed and all secondary suites
shall not exceed 49% of the total habitable floor space of the principal dwelling in which it is
developed. In all cases, where a secondary suite is being proposed, the principal dwelling in which
the secondary suite is being proposed shall be occupied by the owner of the property. It shall be
the responsibility of the proponent to consult with the provincial authority having jurisdiction prior
to construction to determine the suitability of the site for the secondary suite and determine the
need for any provincial permits, approvals or licenses as may be required associated with new or
expanded or modified on-site wastewater collection and drinking water systems and/or the
provision of hydro services.
Prohibited Accessory Uses Buildings and Structures
NOTE: For information related to projections into required yards, on-site parking and loading and fencing,
refer to PART 2 of this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 32
TABLE 3.3: USE & SITE REQUIREMENTS: "AR"
AGRICULTURE-RESTRICTED ZONE
MINIMUM REQUIREMENTS (q) (r)
SITE SIZE
REQUIRED YARDS
Area
(Acres)
Width
(feet)
Front
(feet)
(a)
Side
(feet)
(a) (b)
Rear
(feet)
(a) (b)
PERMITTED USES
Advertising Signs (with a sign surface area up to 54 sq./ft.
in size)
-
-
25 (h)
15 (h)
15 (h)
Agricultural Activities, General
80
1,000
125
25
25
Livestock Operations with a capacity between 10 to 199
Animal units (AUs) (cumulative across species) (e) (See
also PARTS 4 and 6 herein)
80 (d)
1,000
125(i)
25 (i)
25 (i)
Market Gardens, Nurseries or Greenhouses
2
200
125
25
25
CONDITIONAL USES
Advertising Signs (with a sign surface area greater than
54 sq./ft.. in size)
-
-
25 (h)
15 (h)
15 (h)
Agricultural Activities, Specialized (c) (n)
2
200
125
25
25
Agro-Commercial/Industrial Manufacturing
Establishments
2 (f)
200
125
25
25
Agricultural produce handling or processing
2
200
125
25
25
Agricultural sales or service
2 (f)
200
125 (g)
25 (g)
25 (g)
Auction Marts
2 (f)
200
125
25
25
Body Shops, Salvage Yards and Automobile Wrecking
Operations (p)
2 (f)
200
125
25
25
Campgrounds
2 (f)
200
125
25
25
Cemeteries
2 (f)
200
0
0
0
Community Halls (p)
2 (f)
200
125
25
25
Contracting Establishments (p)
2
200
125
25
25
Exhibition Grounds (p)
2
200
125
25
25
Golf Courses and Buildings (p)
40
1,000
125
25
25
Kennels and Fur Farms
2 (f)
200
125
25
25
Livestock Operations with a capacity of 200 animal units
(AU's) or more (cumulative across species) (e) (See also
PARTS 4 and 6 of this By-law)
80 (d)
1,000
125(i)
25 (i)
25 (i)
Manufacturing, Indoor provincially licensed cannabis
cultivation, processing and packaging facilities and their
related activities).
2 (f)
200
125
25
25
Motor Vehicle or Agriculture Equipment Service
2 (f)
200
125
25
25
Museums or Historic Sites
2 (f)
200
125
25
25
Natural Resource Extraction, Surface Mining and Gravel
Pits
2
200
125
50
50
Non-Farm and Farm Dwellings (m)
2 (f)
200
125
25
25
Oil Field Battery Facilities (l)
2
200
125
25
25
Outdoor Recreation Facilities (p)
2
200
125
25
25
Public Works Compounds and Buildings
2 (f)
200
125
25
25
Place of Worship (p)
2 (f)
200
125
25
25
Riding Academies and Stables (m)
2
200
125
25
25
Hamiota Municipal Zoning By-law No. 2019-04
Page | 33
TABLE 3.3: USE & SITE REQUIREMENTS: "AR"
AGRICULTURE-RESTRICTED ZONE
MINIMUM REQUIREMENTS (q) (r)
SITE SIZE
REQUIRED YARDS
Area
(Acres)
Width
(feet)
Front
(feet)
(a)
Side
(feet)
(a) (b)
Rear
(feet)
(a) (b)
Sewage Lagoons
2
200
125
50
50
Trucking Establishments (p)
2 (f)
200
125
25
25
Veterinary Clinics
2 (f)
200
125
25
25
Waste Disposal Sites
2
200
125
50
50
Wildlife Management Areas
2
200
125
25
25
Wind Energy Generation Stations (WEGS) (j)
7
550
125(k)
125(k)
125(k)
ACCESSORY USES, BUILDINGS, STRUCTURES
Accessory uses, buildings and structures (See also
PARTS 2 and 4 of this by-law
-
-
125
25
25
NOTES:
3
For information concerning the treatment of lawfully established existing uses, buildings and structures in existence prior to the adoption
of this by-law, please refer to PART 2: Uses of this by-law.
4
Provisions of PART 2 General Rules and Regulations Applicable in All Zoning Districts and PART 4: Additional Requirements for Specific
Permitted, Conditional and Accessory Uses in Different Zones of this by-law shall also apply in this zone. In the event of a conflict
between the provisions of PART 2 or PART 4 and the use and site requirements of this table, the highest or most restrictive requirement
shall prevail and shall be satisfied.
Footnotes Forming Part of Table 3.3: "AR" Agriculture-Restricted Zone:
(a)
Under authority of the applicable provincial Act, where any structure or development is proposed under,
below or at ground level within the controlled areas of the provincial highway system, permits must be
obtained from provincial authority having jurisdiction.
(b)
Except for cemeteries where a site or rear site line is adjacent to a government road allowance or other
municipal road, the minimum required yard shall be 125 feet.
(c)
Apiaries or bee colonies shall be considered as a conditional use when proposed to be located within 1 mile
of a designated residential area, seasonal recreation area and/or urban settlement center.
(d)
Notwithstanding the minimum site area requirement specified in TABLE 3.3 herein, all newly siting or
expanding livestock operations shall have access to (either by direct ownership or lease) and use of
sufficient lands to accept the application of all of the livestock manure generated by the operation in a
sustainable manner on an annual basis in accordance with the provisions of the Livestock, Manure &
Mortalities Management Regulation 42/98, as amended and the Nutrient Management Regulation
62/2008, as amended.
(e)
New or expanding livestock operations are deemed to be a conditional use regardless of their location
when the total number of animal units (AUs) being produced, inclusive of all animal species, is equal to or
greater than three hundred (300) animal units (AUs) cumulative across species. All livestock operations
located in the "AR" Agriculture-Restricted Zone producing 10 or more animal units (cumulative across
species) shall also be subject to the requirements of PART 4 of this by-law.
(f)
The maximum site area shall be 10 acres, unless physical features of the site, such as natural drains,
shelterbelts, etc. indicate that a slightly larger site would be appropriate.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 34
(g)
Anhydrous ammonia storage facilities shall be set back 350 feet from any public roadway, and shall be
separated by a distance of 1,000 feet from any individual residence or building of human occupation except
for the residence or building of human occupation of the operator or caretaker and shall be separated by a
distance of 2,640 feet from any residential area and public buildings.
(h)
Where two municipal roads intersect the minimum required yard shall be 200 feet measured from the
centre line of the intersection.
(i)
Notwithstanding the requirements of Table 3.3 herein, all animal housing facilities shall be setback a
minimum of 50 metres (164 feet) from the property boundaries of the livestock operation and all feedlots
and manure storage facilities shall be setback a minimum of 100 metres (328 feet) from the property
boundaries of the livestock operation.
(j)
Additional Requirements for Siting Wind Energy Generation Stations:
In addition to satisfying the minimum requirements of Table 3.3 of PART 3 herein, the following additional
requirements shall also apply to the development of wind energy generation stations (WEGS).
i.
Each wind energy generation station (WEGS) facility shall be dedicated only to the location of the
wind energy generation station tower and/or the associated accessory buildings and
infrastructure. The wind turbine tower is the principal use of the (WEGS) site but the land within
the (WEGS) site that is not used for the facility may be used for compatible agricultural activities
provided all other provisions of this by-law are satisfied.
ii.
No portion of a (WEGS) tower, including its blade assembly shall extend beyond the limits of the
site on which it is located unless the affected property owner has provided written authorization
to the WEGS developer and Development Officer.
iii.
All accessory buildings and structures associated with and located on the same site as a Wind
Energy Generation Station (WEGS) tower shall be set back a minimum of 125 feet from all property
lines of the site on which the (WEGS) is located. Where the site is located within the controlled
areas of the provincial highway system, the proponent shall be responsible for obtaining required
permits from provincial authority having jurisdiction.
iv.
A (WESG) project involving more than one site and/or parcel of land may be processed at the same
time. However, separate conditional use applications and any resulting conditional use orders shall
be issued for each separate site containing one or more wind energy generation station tower.
v.
Proponents of a wind energy generation station (WEGS) development shall submit to the
Development Officer a detailed site plan showing the location of all wind turbine towers, electrical
lines (above or below ground), on-site roads and driveways providing access to the public road
system and setback information to adjacent development as part of the conditional use
application.
vi.
Proponents of a (WEGS) development are responsible for obtaining any required Federal and/or
Provincial permits or approvals from agencies such as but not limited to Transport Canada, NAV
Canada, Manitoba Hydro and all provincial authority having jurisdiction, prior to the issuance of a
development permit and any required building permits.
vii.
When locating a proposed wind energy generation station tower in the vicinity of an airport all
Transport Canada regulations regarding lighting, height and location of buildings and structures
shall be satisfied.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 35
viii.
A development permit and building permit (if required) shall be obtained prior to the
commencement of construction.
ix.
All signage and/or lighting affixed to a commercial Wind Energy Generation Station (WEGS) towers
shall be subject to the approval of Council. Any illumination of the facility shall be arranged so that
it does not create glare at any nearby property or public roadway.
x.
A private wind energy generation station (WEGS) located on the same site and in direct support of
either a permitted or conditionally approved single private agricultural activity or private
residential activity shall be treated as an accessory structure. This structure shall be set back from
all property lines of the site on which it is located a minimum distance equal to its total height,
measured from the ground to the uppermost point of extension of its rotors.
xi.
The total height of all (WEGS) towers shall be the distance measured from the ground to the
uppermost point of the extension of any rotor blade.
(k)
Minimum Separation Distances Between Wind Energy Generation Stations and Adjacent Development:
In addition to satisfying the minimum requirements of Table 3.3 of PART 3 herein, the following additional
mutual separation distances set out below shall also apply to both land uses cited in each clause).
i.
All (WEGS) tower bases shall be separated a minimum distance of one thousand six hundred and
forty feet from all dwellings and other habitable buildings (e.g. motel) located on all lands except
as provided in clause ii (below).
ii.
All (WEGS) tower bases shall be separated a minimum distance of one and one half (1.5) times the
total height of the tower plus rotor from employee accommodation buildings built and owned by
the WEGS company/operator which are located on leased or owned lands which are part of the
wind farm development.
iii.
All (WEGS) towers shall be separated a minimum of 1.5 times their total height from any other
titled property including the boundary of a railway right-of-way, government road allowance or
provincial road or provincial trunk highway. Where a (WEGS) is proposed within the control area
of a provincial road or provincial trunk highway, they shall be subject to the approval of the
provincial authority having jurisdiction.
iv.
All (WEGS) tower bases shall be setback a minimum two hundred (200 feet) from the ordinary high
water level of a lake or water course.
v.
All WEGS) tower bases shall be setback a minimum of one half mile (2640 feet) from all zoned
urban areas, rural residential areas and/or seasonal recreation areas.
(l)
Oil field battery facilities shall be considered a conditional use only when they are proposed to be located
or expanded within one half mile of any dwelling or habitable structure, otherwise they shall be deemed a
permitted use.
(m)
Animal housing facilities located on small rural land holdings such as a "riding academy and stable" or a
single "farm dwelling" site or "non-farm dwelling" site shall be allowed as a permitted accessory use in all
agricultural zones. In such circumstances, each site shall be allowed to accommodate a maximum of up to
nine (9) animal units (cumulative across species) as calculated from Table 4-1 of PART 4 of this by-law and
shall be subject to the following additional requirements:
Hamiota Municipal Zoning By-law No. 2019-04
Page | 36
1)
a)
The animal housing facility and any manure stored onsite shall be separated a minimum
distance of five hundred (500) feet (152.4 meters) from the limits of all "GD" General
Development zones, "RR" Rural Residential zones herein and three hundred and twenty-
eight (328) feet (100m) away from all residences other than the owner's residence located
on the same site as the animal housing facility and any manure stored onsite, adjacent
motels, restaurants and community buildings. In addition, all animal housing facilities
and any manure stored onsite shall be setback a minimum of 125 feet from all public
roads and seventy-five (75) feet from the side and rear limits of the property on which
they are sited.
b)
The maximum amount of livestock which may be kept within a small rural land holding
such as a riding academy and stables or single farm or non-farm dwelling site shall not
exceed 0.75 Animal Units (AU) per two (2) acres of site area, to a maximum of nine (9)
Animal Units (cumulative across species).
2)
Notwithstanding subsection 1) b) (above), where a conditionally approved riding academy and
stables proposes to keep ten (10) or more animal units (cumulative across species), they shall be
deemed to be a "livestock operation" as defined in PART 6 of this by-law and shall be subject to
the use and site requirements for a "livestock operation" as set out in TABLE 3.3 of this PART as
well as the requirements of PART 4 of this by-law.
(n)
Council or the Mid-West Planning District may require the proponent to provide it with a physical site plan
and/or a business plan as part of the conditional use application to assist in determining support for this
type of land use.
(o)
Where a proposed development involves the construction of "water control works" or "drainage works" as
identified under the Water Rights Act, it shall be the responsibility of the proponent to contact the provincial
authority having jurisdiction to obtain any required licenses or approvals prior to the commencement of
development.
(p)
Newly siting facilities of this type shall generally be directed to existing urban and rural settlement centers
but may be allowed in the "AR" Agriculture-Restricted Zone if Council is satisfied that no suitable site is
available in an existing urban community.
(q)
All required yards specified for any use shall be located on the same site as the use, and shall be maintained
as open space except as provided elsewhere in this By-law.
(r)
All mobile and modular homes must meet all structural standards as determined by The Buildings and
Mobile Home Act, as amended.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 37
3.8
"GD" General Development Zoning District Purpose and Intent
The "GD" General Development Zoning District is hereby established in this by-law and is intended to provide
for residential and related community development within the rural settlement centres of Oakner and Decker.
The keeping of any livestock is prohibited in this zoning district.
The General Development Zone provides as permitted uses, those uses generally found in small
communities that are compatible with residential uses as well as schools, recreation facilities and limited
commercial and light industrial uses. Conditional uses in this zone represent uses that may be characterized
by larger building scale, may generate increased traffic, have operating processes and/or storage needs,
which require site specific assessment to ensure the right locational fit within the community.
3.8.1
"GD" General Development Zone - Accessory Uses, Buildings and Structures
Permitted Accessory Uses, Buildings and Structures
i)
Accessory Domestic Structures
Accessory structures such as but not limited to decks, patios, statuary, flagpoles, private garages,
garden sheds, gazebos, swimming pools and other similar features.
ii)
Accessory Signs as provided for in PART 2 of this By-law.
iii)
Accessory Tent Like Structures
In the "GD" Zone, an "accessory tent-like structure" as defined in PART 6 of this by-law may be
developed as a permitted accessory building only when it is located on the same site as a single-
unit dwelling, modular, mobile home or two-unit dwelling and in all cases it shall be located to the
rear of the principal dwelling on the site. All accessory tent-like structures between one hundred
and eight (108) square feet and two-fifty (250) square feet shall be subject to the issuance of a
Development Permit and must meet all other requirements of the zoning by-law. Accessory tent-
like structures exceeding two-hundred and fifty (250) square feet shall be subject to the issuance
of a Development Permit and Building Permit and must meet all other requirements of the zoning
by-law.
iv)
Accessory Telecommunications Towers
An accessory telecommunication tower used to support ancillary devices such as but not limited
to citizens' band radio, television or internet service which is located on the same site and in direct
support of either a permitted or conditionally approved use shall be treated as a permitted
accessory structure. Notwithstanding the siting and setback requirements of PART 3, TABLE 3.2
of this PART, all accessory telecommunication tower structures shall be set back from all property
lines of the site on which it is located a minimum distance equal to its total height, measured from
the ground to the uppermost point of its extension.
v)
Home Based Business Activities
Shall be developed in accordance with the requirements of PART 4 of this by-law.
Conditional Accessory Uses Buildings and Structures
i)
Secondary Suite
Not more than one "secondary suite" as defined in PART 6 of this by-law may be developed as a
conditionally approved accessory use and only when it is located on the same zoning site and is
located within and/or forming part of either an existing or newly proposed permitted "single-unit
dwelling". Notwithstanding the siting and setback requirements for "accessory uses" as provided
for in TABLE 3.3 of this PART, all secondary suites shall satisfy all of the siting and setback
Hamiota Municipal Zoning By-law No. 2019-04
Page | 38
requirements of PART 3, TABLE 3.3 herein applicable to the principal dwelling within which the
secondary suite is to be developed and all secondary suites shall not exceed 49% of the total
habitable floor space of the principal dwelling in which it is developed. In all cases, where a
secondary suite is being proposed, the principal dwelling in which the secondary suite is being
proposed shall be occupied by the owner of the property. It shall be the responsibility of the
proponent to consult with the provincial authority having jurisdiction prior to construction to
determine the suitability of the site for the secondary suite and determine the need for any
provincial permits, approvals or licenses as may be required associated with new or expanded or
modified on-site wastewater collection and drinking water systems and/or the provision of hydro
services.
ii)
Pole Type Structures / Buildings as defined in PART 6 of this by-law may be allowed as a
conditionally approved accessory structure / building only when it is located on the same site as
the principal building or use of land to which it is accessory.
Prohibited Accessory Uses Buildings and Structures
i)
Accessory Shipping Containers
An "accessory shipping container" as defined in PART 6 of this By-law are prohibited within the
"GD" General Development Zone.
ii)
The Keeping of Livestock
The keeping of any livestock and/or the construction of buildings or other structures or enclosures
for the purposes of any keeping livestock shall not be allowed within the "GD" General
Development Zone.
NOTE: For information related to projections into required yards, on-site parking and loading and fencing,
refer to PART 2 of this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 39
TABLE 3.4: USE & SITE REQUIREMENTS: "GD"
GENERAL DEVELOPMENT ZONE
MINIMUM REQUIREMENTS (a) (b) (n) (o) (l)
SITE SIZE
REQUIRED YARDS
SITE
AREA
(sq./ft.)
SITE
WIDTH
(feet)
FRONT
YARD
(feet)
(c)
SIDE
YARD
(feet)
REAR
YARD
(feet)
PERMITTED USES
Advertising Signs (with a sign surface area up to 54
sq./ft. in size)
-
-
25 (k)
15 (k)
15 (k)
Bakeries
5,000
50
25
5
25
Clubs, Private or Public
15,000
100
25
15
25
Cultural Facilities, including auditoriums, community
clubs and halls, libraries, museums and theatres.
15,000
100
25
15
25
Dwellings, single-unit dwelling
5,000
50
25
6
25
Dwellings, mobile home (p)
5,000
50
25
6 (d)
25
Dwellings, modular home (p)
5,000
50
25
6
25
Dwellings, two-unit dwelling
7,500
75
25
15
25
Dwellings, multiple-unit dwelling
(e)
100
25
15
25
Emergency Services, including police and fire stations
15,000
100
25
15
25
Establishments for the provision of personal services,
such as offices, financial institutions, clinics, salons, day
care facilities and funeral homes.
15,000
100
25
15
25
Establishments for the sale of goods or services,
provided that all storage is within a fully enclosed
building.
15,000
50
25
15
25
Exhibition Grounds
20,000
100
25
15
25
Food or Beverage Service Establishments
5,000
50
25
5
25
Institutional uses such as hospitals, schools, personal
care homes and senior citizen homes
20,000
100
25
15
25
Nurseries or Greenhouses
15,000
100
25
15
25
Parks or Playgrounds
1,000
20
-
-
-
Public Utilities (m)
5,000
50
25(f)
5 (f)
25(f)
Recreation Facilities
15,000
100
25
15
25
Place of Worship
15,000
100
25
15
25
Residential care facilities, providing service to up to a
maximum of (4) persons
10,000
100
25
15
25
Storage Buildings and Warehouses
for non-hazardous materials
15,000
100
25
15
25
CONDITIONAL USES
Accommodation Facilities such as Hotels and Motels
15,000
100
25
15
25
Advertising Signs (with a sign surface area greater than
54 sq./ft. in size)
-
-
25 (k)
15 (k)
15 (k)
Campgrounds
20,000
100
25
15
25
Earth Moving Contractors and Concrete Suppliers
15,000
100
25
15
25
Establishments for the commercial storage, handling or
processing of agricultural produce
15,000
100
25
15(g)
25(g)
Hamiota Municipal Zoning By-law No. 2019-04
Page | 40
TABLE 3.4: USE & SITE REQUIREMENTS: "GD"
GENERAL DEVELOPMENT ZONE
MINIMUM REQUIREMENTS (a) (b) (n) (o) (l)
SITE SIZE
REQUIRED YARDS
SITE
AREA
(sq./ft.)
SITE
WIDTH
(feet)
FRONT
YARD
(feet)
(c)
SIDE
YARD
(feet)
REAR
YARD
(feet)
Establishments for the sales, storage or distribution of
agricultural supplies, equipment or structures, including
bulk fuel establishments
15,000
100
25
15(g)
25(g)
Establishments for the sale of goods and services, where
there is exterior storage of products
15,000
100
25
15
25
Manufacturing, Fabricating, Machining, Processing or
Repair Establishments
15,000
100
25
15
25
Outside storage facilities and compounds for non-
hazardous materials
15,000
100
25
15
25
Public Parking Areas
5,000
50
5
3
5
Public Works Compounds and Buildings
15,000
100
25
15
25
Residential care facilities, providing service to (5)
persons or more
15,000
100
25
15
25
Trucking Establishments
15,000
100
25
15
25
Veterinary Clinics
15,000
100
25
15
25
ACCESSORY USES, BUILDINGS, STRUCTURES
Accessory uses, buildings, structures (l)(m)
(See also PARTS 2 and 4 of this by-law for additional information)
-
-
(h)
5(g)(i)
5 (g)(i)(j)
NOTES:
1
For information concerning the treatment of lawfully established existing uses, buildings and structures in existence prior to the adoption of
this by-law, please refer to PART 2: Uses of this by-law.
2
Provisions of PART 2 General Rules and Regulations Applicable in All Zoning Districts and PART 4: Additional Requirements for Specific
Permitted, Conditional and Accessory Uses in Different Zones of this by-law shall also apply in this zone. In the event of a conflict between
the provisions of PART 2 or PART 4 and the use and site requirements of this table, the highest or most restrictive requirement shall prevail
and shall be satisfied.
Footnotes Forming Part of Table 3.4: "GD" - General Development Zone:
(a)
In addition to the minimum requirements for TABLE 3.4, the following requirements shall apply:
(i)
Maximum allowable height for all buildings and structures shall be 30 feet, excepting grain storage
structures, fuel and fertilizer storage tanks, church steeples and telecommunication towers.
(ii)
Minimum dwelling unit area shall be 1,000 square feet for a residential building, and 400 square
feet for an accessory residential suite within a commercial building.
(b)
(1)
Where a proposed use requires wastewater disposal facilities and the site is NOT serviced by a
piped municipal sewer system or a private holding tank approved by the provincial department
having jurisdiction, the minimum bulk requirements shall be adjusted as follows:
(i)
Minimum required site area shall be two (2) acres
(ii)
Minimum required site width shall be two hundred (200) feet
(iii)
Minimum required side yard shall be thirty (30) feet.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 41
(2)
Regardless of the whether the site is serviced by a piped municipal sewer system, holding tank or
individual onsite sewage disposal system (e.g. tile field), the minimum required side yard shall be
twelve (12) feet in the case of the street side of a corner site.
(3)
Where a two-unit dwelling or a multi-unit dwelling serviced by a municipal sewer system or private
holding tank is to be subdivided in a manner to create separate zoning sites for each dwelling unit,
the minimum required side yard for interior side yards sharing a common party wall shall be
reduced to zero (o) feet. For two-unit dwellings sharing a common party wall, the minimum site
area required for each dwelling unit shall be reduced to 5,000 square feet and the minimum
required site width shall be reduced to 50 feet.
(c)
The minimum front yard requirement for a site where there are existing buildings on either side of the site
shall be the average of the front yards of the adjacent buildings provided the average is not greater than
the minimum site requirements.
(d)
For mobile home sites, there shall be an open space at least 20 feet by 50 feet adjacent to the side of the
mobile home containing either the entrance or the main living room window.
(e)
Where the site IS serviced by a municipal piped wastewater system or a private holding tank approved by
the provincial authority having jurisdiction, the minimum bulk requirements for sites with three (3) or more
dwelling units or suites shall be as follows:
(i)
Minimum required site area - 10,000 square feet for the first three dwelling units or suites with an
additional 1,000 square feet for each additional dwelling unit or suite above the first three
units/suites.
(ii)
Minimum required site width - 100 feet
(iii)
Minimum required side yard - 6 feet excepting the street side of a corner site which shall be (12
feet).
(f)
Where the proposed development consists of a building or structure less than 100 square feet in floor area,
a smaller site may be approved by Council, provided that the site is not adjacent to a required front yard of
a residential site, and provided that a separation distance of 7 feet is maintained from all site lines.
(g)
Where the side or rear site line of a site is adjacent to a railway right-of-way, the required yard shall be 0
feet for structures which require railway loading service.
(h)
The minimum required front yard for accessory buildings and structures shall be the same as the minimum
required front yard for the principal building on the same site.
(i)
In the case of buildings or structures which are accessory to residential uses, when located entirely to the
rear of the principal building, the minimum required side yard and rear yard for accessory buildings and
structures shall be 3 feet.
(j)
Where an accessory building is used for the storage of a motor vehicle, the wall which contains the vehicle
access door shall be set back a minimum distance of 10 feet from a public lane.
(k)
Under authority of the applicable provincial Act, where any structure or development is proposed under,
below or at ground level within the controlled areas of the provincial highway system, permits must be
obtained from the provincial authority having jurisdiction.
(l)
The keeping of any livestock and/or the construction of buildings or other structures or enclosures for the
purposes of any keeping livestock shall not be allowed within the "GD" General Development Zone.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 42
(m)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated equipment such
as poles, transformers and switching boxes including Manitoba Hydro Substations and similar infrastructure
since all of this apparatus may require only very small parcels or none at all (easements). This does not
apply, however, to offices, equipment or vehicle storage, parking or workshops, where and if these uses
are permitted or approved.
(n)
Where a proposed development involves the construction of "water control works" or "drainage works" as
identified under the Water Rights Act, it shall be the responsibility of the proponent to contact the provincial
authority having jurisdiction to obtain any required licenses or approvals prior to the commencement of
development.
(o)
All required yards specified for any use shall be located on the same site as the use, and shall be maintained
as open space except as provided elsewhere in this By-law.
(p)
All mobile and modular homes must meet all structural standards as determined by The Buildings and
Mobile Home Act, as amended.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 43
3.9
"RR2" Rural Residential Zoning District - Purpose and Intent
The "RR2" - Rural Residential Zoning District is hereby established in this by-law and provides areas for clusters
of planned multi-lot rural residential development on parcels that are a minimum of 2 acres in size with 200
feet of frontage. Rural residential development will be located and designed to preserve the rural and
agrarian character of the area while not being wasteful of Prime and viable lower class agricultural lands.
Lots will generally rely on individual onsite water and wastewater infrastructure. The keeping of any livestock
is prohibited in this zoning district.
3.9.1
"RR2" Rural Residential Zoning District Accessory Uses, Buildings and Structures
Permitted Accessory Uses, Buildings and Structures
i)
Accessory Domestic Structures
Accessory structures such as but not limited to decks, patios, statuary, flagpoles, private garages,
garden sheds, gazebos, swimming pools and other similar features.
ii)
Accessory Signs as provided for in PART 2 of this By-law.
iii)
Accessory Telecommunications Towers
An accessory telecommunication tower used to support ancillary devices such as but not limited
to citizens' band radio, television or internet service which is located on the same site and in direct
support of either a permitted or conditionally approved use shall be treated as a permitted
accessory structure. Notwithstanding the siting and setback requirements of PART 3, Table 3.5
herein, all accessory telecommunication tower structures shall be set back from all property lines
of the site on which it is located a minimum distance equal to its total height, measured from the
ground to the uppermost point of its extension.
iv)
Home based business activities shall be developed in accordance with the requirements of PART
4 of this by-law.
Conditional Accessory Uses Buildings and Structures
i)
Accessory Tent Like Structures
In the "RR2" Zone, an "accessory tent-like structure" as defined in PART 6 of this by-law may be
allowed a conditionally approved accessory building only when it is located on the same site as a
single dwelling, modular, mobile home and in all cases it shall be located to the rear of the principal
dwelling on the site. All accessory tent-like structures between one hundred and eight (108)
square feet (10 sq./m) and two hundred and fifty (250) square feet (23.2sq/m) shall be subject to
the issuance of a Development Permit and must meet all other requirements of the zoning by-law.
Accessory tent-like structures exceeding two-hundred and fifty (250) square feet (23.2sq/m) shall
be subject to the issuance of a Development Permit and Building Permit and must meet all other
requirements of the zoning by-law.
Prohibited Accessory Uses Buildings and Structures
i)
Accessory Shipping Containers
Accessory shipping containers are prohibited in the "RR2" - Rural Residential Zone.
ii)
The Keeping of Livestock
The keeping of any livestock for personal use and/or the construction of buildings or other
structures or enclosures for the purposes of any keeping livestock shall not be allowed within the
"RR2" Rural Residential Zone.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 44
NOTE: For information related to projections into required yards, on-site parking and loading and fencing,
refer to PART 2 of this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 45
TABLE 3.5: USE & SITE REQUIREMENTS: "RR2"
RURAL RESIDENTIAL ZONE
MINIMUM REQUIREMENTS (a) (c) (e) (h)
SITE SIZE
REQUIRED YARDS
SITE
AREA
(sq./ft.)
SITE
WIDTH
(feet)
FRONT
YARD
(feet)
(b)
SIDE
YARD
(feet)
(b)
REAR
YARD
(feet)
(b)
PERMITTED USES
General Store and Related Sales and/or Post Office
2
200
125
30
30
Historical Sites
1
100
125
30
30
Public Picnic Areas, Parks, Playgrounds, Tot-lots,
Recreational Facilities (such as tennis courts, horseshoe
pitches, lawn bowling courts, swimming pools and the
like)
1
100
125
30
30
Public Utilities (d)
7,500 sq./ft.
60
75
15
30
Single-Unit Dwelling
2
200
125
30
30
CONDITIONAL USES
Mobile and Modular Homes (i)
2
200
125
30
30
ACCESSORY USES, BUILDINGS AND STRUCTURESUSES
Accessory Uses, Buildings, Structures
(See also PARTS 2 and 4 of this by-law for additional
information).
-
-
(f)
30
30 (g)
NOTES:
1
For information concerning the treatment of lawfully established existing uses, buildings and structures in existence prior to the adoption of
this by-law, please refer to PART 2: Uses of this by-law.
2
Provisions of PART 2 General Rules and Regulations Applicable in All Zoning Districts and PART 4: Additional Requirements for Specific
Permitted, Conditional and Accessory Uses in Different Zones of this by-law shall also apply in this zone. In the event of a conflict between
the provisions of PART 2 or PART 4 and the use and site requirements of this table, the highest or most restrictive requirement shall prevail
and shall be satisfied.
Footnotes for Table 3.5: "RR2" Rural Residential Zone:
(a)
(i)
The maximum allowable height for all buildings and structures shall be 30 feet, excepting personal
telecommunications towers which shall be allowed as permitted accessory structures when located
on single-unit dwelling, mobile or modular home sites subject to the siting and setback requirements
of footnote (h) of Table 3.4 herein.
(ii)
The minimum dwelling unit floor area for a single-unit dwelling, mobile home and modular home
shall be one-thousand (1,000) square feet (92.9sq/m).
(b)
(i)
Where principal buildings and/or structures are adjacent to a Government Road Allowance under
the jurisdiction of the municipality, the minimum front and side yard setbacks shall be one hundred
and twenty-five (125) feet (38.1m).
(ii)
Under authority of the applicable provincial Act, where any structure or development is proposed
under, below or at ground level within the controlled areas of the provincial highway system,
permits must be obtained from the provincial authority having jurisdiction.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 46
(c)
The keeping of any livestock or the construction of animal housing facilities in the "RR2" zone shall be
prohibited.
(d)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated equipment such
as poles, transformers and switching boxes including Manitoba Hydro Substations and similar infrastructure
since all of this apparatus may require only very small parcels or none at all (easements). This does not
apply, however, to offices, equipment or vehicle storage, parking or workshops, where and if these uses
are permitted or approved.
(e)
Where a proposed development involves the construction of "water control works" or "drainage works" as
identified under the Water Rights Act, it shall be the responsibility of the proponent to contact the provincial
authority having jurisdiction to obtain any required licenses or approvals prior to the commencement of
development.
(f)
The minimum required front yard for accessory buildings and structures shall be the same as the minimum
required front yard for the principal building on the same site.
(g)
Where the rear site line of a single-unit dwelling, mobile or modular home site is along a shoreline of a lake
or other water body, the minimum rear yard shall be zero (0) for accessory docks and/or boathouses only.
(h)
All required yards specified for any use shall be located on the same site as the use, and shall be maintained
as open space except as provided elsewhere in this By-law.
(i)
All mobile and modular homes must meet all structural standards as determined by The Buildings and
Mobile Home Act, as amended.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 47
3.10
"RR5" Rural Estate Residential Zoning District
The "RR5" - Rural Estate Residential Zoning District is hereby established in this by-law and provides for clusters
of planned multi-lot rural estate residential development on medium sized rural acreages that are a minimum
of 5 acres in size with 300 feet of frontage. These lots will generally rely on individual onsite water and
wastewater infrastructure. The keeping of a maximum of 1.33 AU of livestock per 2 acres of site area to a
maximum of (3.5) animal units cumulative across species on residential parcels may be allowed as a conditional
use in this zone.
3.10.1 "RR5" Rural Estate Residential Zoning District Accessory Uses, Buildings and Structures
Permitted Accessory Uses, Buildings and Structures
i)
Accessory Domestic Structures
Accessory structures such as but not limited to decks, patios, statuary, flagpoles, private garages,
garden sheds, gazebos, swimming pools and other similar features.
ii)
Accessory Signs as provided for in PART 2 of this By-law.
iii)
Accessory Telecommunications Towers
An accessory telecommunication tower used to support ancillary devices such as but not limited
to citizens' band radio, television or internet service which is located on the same site and in direct
support of either a permitted or conditionally approved use shall be treated as a permitted
accessory structure. Notwithstanding the siting and setback requirements of Table 3.6 of this
PART, all accessory telecommunication tower structures shall be set back from all property lines
and railway right-of-ways a minimum distance equal to its total height, measured from the ground
to the uppermost point of its extension.
iv)
Home based business activities shall be developed in accordance with the requirements of PART
4 of this by-law.
Conditional Accessory Uses, Buildings and Structures
i)
Accessory Tent Like Structures
In the "RR5" - Rural Estate Residential Zone, an "accessory tent-like structure" as defined in PART
6 of this by-law may be allowed a conditionally approved accessory building only when it is located
on the same site as a single dwelling, modular, mobile home and in all cases it shall be located to
the rear of the principal dwelling on the site. All accessory tent-like structures between one
hundred and eight (108) square feet (10 sq/m) and two hundred and fifty (250) square feet
(23.2sq/m) shall be subject to the issuance of a Development Permit and must meet all other
requirements of the zoning by-law. Accessory tent-like structures exceeding two-hundred and fifty
(250) square feet (23.2sq/m) shall be subject to the issuance of a Development Permit and Building
Permit and must meet all other requirements of the zoning by-law.
ii)
Accessory Animal Housing Facility
Where an accessory animal housing facility is proposed on a site with a single-unit dwelling, mobile
or modular home as its principal use, the animal housing facility may be allowed as a conditionally
approved accessory use in the "RR5" Rural Estate Residential Zone. In such circumstances, the
maximum amount of livestock which may be kept on a rural residential site shall not exceed 1.33
Animal Units (AU) per two (2) acres of site area as calculated from Table 4-1 of PART 4 of this by-
law, to a maximum of three and a half (3.5) Animal Units (cumulative across species) and shall be
subject to the following additional requirements:
Hamiota Municipal Zoning By-law No. 2019-04
Page | 48
a)
The animal housing facility and any manure stored onsite shall be separated a minimum
distance of two hundred (200) feet (61m) away from all residences other than the owner's
residence located on the same site as the animal housing facility and any manure stored
onsite. In addition, any manure stored onsite shall be setback a minimum of thirty (30)
feet (9.15m) from the side and rear limits of the property on which they are sited and
shall also be stored to the rear of the dwelling on the site.
Prohibited Accessory Uses Buildings and Structures
i)
Accessory Shipping Containers
Accessory Shipping Containers are prohibited in the "RR5 - Estate Residential Zone.
NOTE: For information related to projections into required yards, on-site parking and loading and fencing,
refer to PART 2 of this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 49
Footnotes for Table 3.6: "RR5" Rural Estate Residential Zone:
(a)
(i)
The maximum allowable height for all buildings and structures shall be 30 feet, excepting personal
telecommunications towers which shall be allowed as permitted accessory structures when located
on single-unit dwelling, mobile or modular home sites subject to the siting and setback requirements
of footnote (h) of Table 3.6 herein.
(ii)
The minimum dwelling unit floor area for a single-dwelling, mobile home and modular home shall be
one-thousand (1,000) square feet (92.9sq/m).
(b)
(i)
Where principal buildings and/or structures are adjacent to a Government Road Allowance under
the jurisdiction of the municipality, the minimum front and side yard setbacks shall be one hundred
and twenty-five (125) feet (38.1m).
(ii)
Under authority of the applicable provincial Act, where any structure or development is proposed
under, below or at ground level within the controlled areas of the provincial highway system,
permits must be obtained from the provincial authority having jurisdiction.
(c)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated equipment such
as poles, transformers and switching boxes including Manitoba Hydro Substations and similar infrastructure
since all of this apparatus may require only very small parcels or none at all (easements). This does not
TABLE 3.6: USE & SITE REQUIREMENTS:
"RR5" RURAL ESTATE RESIDENTIAL ZONE
MINIMUM REQUIREMENTS (a) (d) (i)
SITE SIZE
REQUIRED YARDS
SITE
AREA
(Acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet)
(b)
SIDE
YARD
(feet)
(b)
REAR
YARD
(feet)
(b)
PERMITTED USES
General Store and Related Sales and/or Post Office
2
200
125
30
30
Historical Sites
1
100
125
30
30
Public Picnic Areas, Parks, Playgrounds, Tot-lots,
Recreational Facilities (such as tennis courts, horseshoe
pitches, lawn bowling courts, swimming pools and the
like)
1
100
125
30
30
Public Utilities (c)
7,500
sq./ft.
60
75
15
30
Single-Unit Dwellings (g) (h)
5
300
125
30
30
CONDITIONAL USES
Mobile and Modular Homes (g) (h) (j)
5
300
125
30
30
ACCESSORY USES, BUILDINGS AND STRUCTURES
Accessory Uses, Buildings, Structures
(See also PARTS 2 and 4 of this by-law for additional
information).
-
-
(e)
30
30 (f)
NOTES:
1
For information concerning the treatment of lawfully established existing uses, buildings and structures in existence prior to the adoption
of this by-law, please refer to PART 2: Uses of this by-law.
1
Provisions of PART 2 General Rules and Regulations Applicable in All Zoning Districts and PART 4: Additional Requirements for Specific
Permitted, Conditional and Accessory Uses in Different Zones of this by-law shall also apply in this zone. In the event of a conflict between
the provisions of PART 2 or PART 4 and the use and site requirements of this table, the highest or most restrictive requirement shall prevail
and shall be satisfied.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 50
apply, however, to offices, equipment or vehicle storage, parking or workshops, where and if these uses
are permitted or approved.
(d)
Where a proposed development involves the construction of "water control works" or "drainage works" as
identified under the Water Rights Act, it shall be the responsibility of the proponent to contact the provincial
authority having jurisdiction to obtain any required licenses or approvals prior to the commencement of
development.
(e)
The minimum required front yard for accessory buildings and structures shall be the same as the minimum
required front yard for the principal building on the same site.
(f)
Where the rear site line of a single dwelling, mobile or modular home site is along a shoreline of a lake or
other water body, the minimum rear yard shall be zero (0) for accessory docks and/or boathouses only.
(g)
Where an area is developed or expanded for residential purposes (i.e. single-unit dwellings, modular or
mobile homes), no parcel shall be created or thereafter further re-subdivided for residential purposes
unless each parcel intended for residential development conforms to the minimum site area and width
requirements as set forth in Table 3.5 of this PART.
(h)
Where an animal housing facility is proposed on a site with a single-unit dwelling, mobile or modular home
as its principal use, the animal housing facility may be allowed as a conditionally approved accessory use in
the "RR5" Rural Estate Residential Zone. In such circumstances, the maximum amount of livestock which
may be kept on a rural residential site shall not exceed 1.33 Animal Units (AU) per two (2) acres of site area
as calculated from Table 6-1 of PART 6 of this by-law, to a maximum of three and a half (3.5) Animal Units
(cumulative across species) and shall be subject to the following additional requirements:
1)
a)
The animal housing facility and any manure stored onsite shall be separated a minimum
distance of two hundred (200) feet (61m) away from all residences other than the owner's
residence located on the same site as the animal housing facility and any manure stored
onsite. In addition, any manure stored onsite shall be setback a minimum of thirty (30)
feet (9.15m) from the side and rear limits of the property on which they are sited and
shall also stored to the rear of the dwelling on the site.
(i)
All required yards specified for any use shall be located on the same site as the use, and shall be maintained
as open space except as provided elsewhere in this By-law.
(j)
All mobile and modular homes must meet all structural standards as determined by The Buildings and
Mobile Home Act, as amended.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 51
3.11
"RS" Residential Serviced Zoning District
The "RS" Residential General Zoning District is hereby established in this by-law and is intended to provide
areas in urban settlement centres to accommodate fully serviced (i.e. municipal piped water and
wastewater) single-unit and two-unit residential dwellings and related development in urban settlements
in the Municipality. This zone provides for a variety of low density housing types and affordability levels to
accommodate a range of income levels, the ability to age in place and serve diverse market demands. The
keeping of any livestock in the "RS" zone is prohibited.
3.11.1 "RS" Residential Serviced Zoning District Accessory Uses, Buildings and Structures
Permitted Accessory Uses, Buildings and Structures
i)
Accessory Domestic Structures
Accessory structures such as but not limited to decks, patios, statuary, flagpoles, private garages,
garden sheds, gazebos, swimming pools and other similar features.
ii)
Accessory Signs as provided for in PART 2 of this By-law.
iii)
Accessory tent-like structures
As defined in PART 6 of this by-law may be developed as a permitted accessory building only when
it is located on the same site as a single-unit, two-unit or multi-unit dwelling, modular or mobile
home and in all cases it shall be located to the rear of the principal dwelling on the site. All
accessory tent-like structures between one hundred and eight (108) square feet and two-fifty (250)
square feet shall be subject to the issuance of a Development Permit and must meet all other
requirements of the zoning by-law. Accessory tent-like structures exceeding two-hundred and fifty
(250) square feet square feet shall be subject to the issuance of a Development Permit and Building
Permit and must meet all other requirements of the zoning by-law.
iv)
Accessory Telecommunications Towers
An accessory telecommunication tower used to support ancillary devices such as but not
limited to citizens' band radio, television or internet service which is located on the same site
and in direct support of either a permitted or conditionally approved use shall be treated as a
permitted accessory structure. Notwithstanding the siting and setback requirements of Table
3.7 of this PART, all accessory telecommunication tower structures shall be set back from all
property lines of the site on which it is located a minimum distance equal to its total height,
measured from the ground to the uppermost point of its extension.
v)
Home Based Businesses
Shall be developed in accordance with the requirements of PART 4 of this by-law.
Conditional Accessory Uses, Buildings and Structures
i)
Secondary Suite
Not more than one "secondary suite" as defined in PART 6 of this by-law may be developed as a
conditionally approved accessory use and only when it is located on the same zoning site and is
located within and/or forming part of either an existing or newly proposed permitted "single-unit
dwelling". Notwithstanding the siting and setback requirements for "accessory uses" as provided
for in Table 3.7 of this PART, all secondary suites shall satisfy all of the siting and setback
requirements of PART 3, Table 3.7 herein applicable to the principal dwelling within which the
secondary suite is to be developed and all secondary suites shall not exceed 49% of the total
habitable floor space of the principal dwelling in which it is developed. In all cases, where a
secondary suite is being proposed, the principal dwelling in which the secondary suite is being
proposed shall be occupied by the owner of the property. It shall be the responsibility of the
Hamiota Municipal Zoning By-law No. 2019-04
Page | 52
proponent to consult with the provincial authority having jurisdiction prior to construction to
determine the suitability of the site for the secondary suite and determine the need for any
provincial permits, approvals or licenses as may be required associated with new or expanded or
modified on-site wastewater collection and drinking water systems and/or the provision of hydro
services.
ii)
Pole Type Structures / Buildings
As defined in PART 6 of this by-law may be allowed in the "RS" - Residential Zone.
Prohibited Accessory Uses Buildings and Structures
i)
Accessory Shipping Containers
Accessory shipping containers as defined in PART 6 of this by-law are prohibited in the "RS"
Residential Serviced Zone.
ii)
Accessory buildings, structures or other or enclosures for the purposes of keeping livestock shall
be prohibited within any residential zoning district within the Town of Hamiota.
NOTE: For information related to projections into required yards, on-site parking and loading and fencing,
refer to PART 2 of this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 53
TABLE 3.7: USE & SITE REQUIREMENTS:
"RS" RESIDENTIAL SERVICED ZONE
MINIMUM REQUIREMENTS (a) (b) (h) (l) (m)
SITE SIZE
REQUIRED YARDS
SITE
AREA
(Acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet)
(b)
SIDE
YARD
(feet)
(b)
REAR
YARD
(feet)
(b)
PERMITTED USES
Dwellings on Subdivided Parcels (e):
- Single-Unit Dwellings
6,000
50
25
6(c)(d)
25
- Two-Unit Dwellings
7,200
65
25
12
25
Parks and Playgrounds, tot Lots and Buffer Strips
5,000
50
15
8 (c)
25
Public Utilities
5,000
50
25
10
25
CONDITIONAL USES
Community Centers and Clubs
25,000
100
25
15
25
Dwellings on Subdivided Parcels:
- Mobile Homes (Double Wide Only) (n) (o)
- Existing Mobile Homes established prior to the
effective date of this By-law
5,000
50
25
6 (c) (d)
15
Dwellings on Subdivided Parcels:
- Modular Homes (Double Wide Only) (o)
5,000
50
25
6 (c) (d)
15
Dwellings on Subdivided Parcels:
- Multi-Unit (including row housing, town
homes, garden apartments) containing three
or more dwelling units
12,000 (g)
100
25
12
25
Emergency Services Including Fire, Police and
Ambulance Stations
10,000
100
25
15
25
Group Day Care Facilities
7,200 (f)
65
25
6 (c) (d)
25
Libraries and Museums
10,000
100
25
15
25
Place of Worship, including Churches, Temples,
Church Halls and Church Educational Facilities
20,000
100
25
15
25
Residential Care Facilities
10,000
100
25
15
25
ACCESSORY USES, BUILDINGS, STRUCTURES
Accessory uses, Buildings and Structures (i) (See also
PARTS 2 and 4 of this By-law).
-
-
(j)
3
2 (i)
NOTES:
1
For information concerning the treatment of lawfully established existing uses, buildings and structures in existence prior to the adoption
of this by-law, please refer to PART 2: Uses of this by-law.
2
Provisions of PART 2 General Rules and Regulations Applicable in All Zoning Districts and PART 4: Additional Requirements for Specific
Permitted, Conditional and Accessory Uses in Different Zones of this by-law shall also apply in this zone. In the event of a conflict
between the provisions of PART 2 or PART 4 and the use and site requirements of this table, the highest or most restrictive requirement
shall prevail and shall be satisfied.
Footnotes for Table 3.6: "RS" Residential Serviced Zone:
In addition to the minimum requirements for TABLE 3.7 (above), the following requirements shall apply:
(a)
(i)
The maximum allowable height for all principal buildings and structures shall be 30 feet (two
stories) except for architectural components of permitted or conditionally approved public
buildings and private tele-communication towers which are accessory to a residential use.
Accessory buildings shall have a maximum height of fifteen (15) feet (4.6 m).
Hamiota Municipal Zoning By-law No. 2019-04
Page | 54
(b)
Where a proposed use requires wastewater disposal facilities and the site is NOT serviced by a piped
municipal sewer system or a private holding tank approved by the provincial authority having jurisdiction,
the minimum bulk requirements shall be adjusted as follows:
(i)
Minimum required site area shall be two (2) acres;
(ii)
Minimum required site width shall be two hundred (200) feet;
(iii)
Minimum required side yard shall be thirty (30) feet.
(c)
(i)
In the case of a corner lot, the minimum required side yard setback shall be increased to 12 feet
free of all projections other than eaves and gutters.
(d)
(i)
Where an interior lot used for residential purposes is not adjacent to a lane, one of the side yards
shall be a minimum of 10 feet free of all projections other than eaves and gutters in order to
accommodate the required parking space or to provide for vehicular access to the rear of the site.
This requirement shall not apply where a garage or carport is attached to the principal building.
(e)
(i)
The minimum dwelling unit floor area for a single-dwellings, mobile and modular homes shall be six-
hundred 600 sq./ft. (55.7 sq/m) with an additional four hundred (400) sq./ft. (37.16 sq/m) for the
second and each additional dwelling unit therein.
(f)
(i)
For the purpose of interpreting the requirements of Table 3.7 herein, a semi-detached two-unit
dwelling, a row house or a multi-unit dwelling having common party walls shall be considered as
being one (1) building occupying one (1) site.
(ii)
Notwithstanding clause (i) of this footnote (above), in the case of semi-detached two-unit
dwellings, each dwelling unit may occupy a separate site, provided each site is a minimum of 4,000
sq./ft. in area and has a minimum site width of fifty (50) feet. In such circumstances, the side yard
required along the shared common party wall shall be reduced zero (0) feet and all other provisions
of Table 3.7 of this PART shall also apply.
(g)
The minimum site area required for multi-unit dwellings shall be 12,000 sq./ft.. for the first three (3) units
and shall increase by a minimum of 1,000 sq./ft. for each additional dwelling unit thereafter.
(h)
Under authority of the applicable provincial Act, where any structure or development is proposed under,
below or at ground level within the controlled areas of the provincial highway system, permits must be
obtained from the provincial authority having jurisdiction.
(i)
Where an accessory building is used for storage of a motor vehicle, the wall which contains the vehicle
access door shall be set back a minimum distance of ten (10) feet from a public lane.
(j)
The minimum required front yard for accessory buildings and structures shall be the same as the minimum
required front yard for the principal building on the same site.
(k)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated equipment such
as poles, transformers and switching boxes including Manitoba Hydro Substations and similar infrastructure
since all of this apparatus may require only very small parcels or none at all (easements). This does not
apply, however, to offices, equipment or vehicle storage, parking or workshops, where and if these uses
are permitted or approved.
(l)
Where a proposed development involves the construction of "water control works" or "drainage works" as
identified under the Water Rights Act, it shall be the responsibility of the proponent to contact the provincial
authority having jurisdiction to obtain any required licenses or approvals prior to the commencement of
development.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 55
(m)
All required yards specified for any use shall be located on the same site as the use, and shall be maintained
as open space except as provided elsewhere in this By-law.
(n)
One side of a mobile home site shall contain a minimum open area of ten (10) feet by forty (40) feet for the
purposes of providing for outdoor amenity and recreation.
(o)
All mobile and modular homes must meet all structural standards as determined by The Buildings and
Mobile Home Act, as amended.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 56
3.12
"RSM" Residential Serviced Multi-Unit Zone
The "RSM" Residential Serviced Multi-Unit Zoning District is hereby established in this by-law and is
intended to provide areas in the urban settlement of Hamiota to accommodate fully serviced (i.e. municipal
piped water and wastewater) moderate density residential development primarily consisting of three (3)
or more multi-unit dwellings and related development. The keeping of any livestock in the "RSM" zone is
prohibited.
3.12.1 "RSM" Residential Serviced Multi-Unit Zoning District Accessory Uses, Buildings and Structures
a)
Permitted Accessory Uses, Buildings and Structures
i)
Accessory Domestic Structures
Accessory structures such as but not limited to decks, patios, statuary, flagpoles, private garages,
garden sheds, gazebos, swimming pools and other similar features.
ii)
Accessory Signs as provided for in PART 2 of this By-law.
iii)
Accessory Telecommunications Towers
An accessory telecommunication tower used to support ancillary devices such as but not
limited to citizens' band radio, television or internet service which is located on the same site
and in direct support of either a permitted or conditionally approved use shall be treated as a
permitted accessory structure. Notwithstanding the siting and setback requirements of Table
3.8 of this PART, all accessory telecommunication tower structures shall be set back from all
property lines of the site on which it is located a minimum distance equal to its total height,
measured from the ground to the uppermost point of its extension.
iv)
Home Based Businesses
Shall be developed in accordance with the requirements of PART 4 of this by-law.
b)
Conditional Accessory Uses, Buildings and Structures
i)
Secondary Suite
Not more than one "secondary suite" as defined in PART 6 of this by-law may be developed as a
conditionally approved accessory use and only when it is located on the same zoning site and is
located within and/or forming part of either an existing or newly proposed permitted "single-unit
dwelling". Notwithstanding the siting and setback requirements for "accessory uses" as provided
for in Table 3.8 of this PART, all secondary suites shall satisfy all of the siting and setback
requirements of PART 3, Table 3.8 herein applicable to the principal dwelling within which the
secondary suite is to be developed and all secondary suites shall not exceed 49% of the total
habitable floor space of the principal dwelling in which it is developed. In all cases, where a
secondary suite is being proposed, the principal dwelling in which the secondary suite is being
proposed shall be occupied by the owner of the property. It shall be the responsibility of the
proponent to consult with the provincial authority having jurisdiction prior to construction to
determine the suitability of the site for the secondary suite and determine the need for any
provincial permits, approvals or licenses as may be required associated with new or expanded or
modified on-site wastewater collection and drinking water systems and/or the provision of hydro
services.
c)
Prohibited Accessory Uses Buildings and Structures
i)
Accessory Shipping Containers
Accessory shipping containers as defined in PART 6 of this by-law are prohibited in the "RSM"
Residential Serviced Multi-Unit Zone.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 57
ii)
Accessory Tent Like Structures
In the "RSM" Zone, an "accessory tent-like structure" as defined in PART 6 of this By-law are
prohibited.
iii)
Pole type structures / buildings
As defined in PART 6 of this by-law are prohibited in the "RSM" - Residential Serviced Multi-
Unit Zone.
NOTE: For information related to projections into required yards, on-site parking and loading and fencing,
refer to PART 2 of this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 58
TABLE 3.8: USE & SITE REQUIREMENTS:
"RSM" RESIDENTIAL SERVICED MULTI-
UNIT ZONE
MINIMUM REQUIREMENTS (a) (b) (h) (n) (o)
SITE SIZE
REQUIRED YARDS
SITE
AREA
(Acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet)
(b)
SIDE
YARD
(feet)
(b)
REAR
YARD
(feet)
(b)
PERMITTED USES
Dwellings:
- Two-Unit Dwellings (e)
7,200 (f)
65
25
6 (c) (d)
25
Dwellings:
- Multiple-Unit Dwellings including row housing,
town houses, garden apartments containing
three or more dwelling units (e)
12,000
100
25
12
25
CONDITIONAL USES
Community Centers and Clubs
20,000
100
25
15
25
Dwellings:
- Single-Unit Dwellings (e)
6,000
50
25
6
25
Dwellings on Subdivided Parcels:
- Mobile Homes (Double-Wide) (e) (m)
- Mobile Homes established prior to the
effective date of this By-law(e)
6,000
50
25
6
25
Dwellings on Subdivided Parcels:
- Modular Homes (Double-Wide) (e) (m)
6,000
50
25
6
25
Emergency Services Including Fire, Police and
Ambulance Stations
10,000
100
25
15
25
Group Day Care Facilities
7,200 (f)
65
25
6 (c) (d)
25
Libraries and Museums
10,000
100
25
15
25
Parks and Playgrounds, tot Lots and Buffer Strips
5,000
50
15
8 (c)
25
Public Utility Buildings & Systems
5,000
50
25
10
25
Place of Worship, including Churches, Temples,
Church Halls and Church Educational Facilities
20,000
100
25
15
25
Residential Care Facilities
10,000
100
25
15
25
ACCESSORY USES, BUILDINGS, STRUCTURES
Accessory uses, Buildings and Structures (i) (See also
PARTS 2 and 4 of this By-law).
-
-
(j)
5
10 (i)
NOTES:
3
For information concerning the treatment of lawfully established existing uses, buildings and structures in existence prior to the adoption
of this by-law, please refer to PART 2: Uses of this by-law.
4
Provisions of PART 2 General Rules and Regulations Applicable in All Zoning Districts and PART 4: Additional Requirements for Specific
Permitted, Conditional and Accessory Uses in Different Zones of this by-law shall also apply in this zone. In the event of a conflict
between the provisions of PART 2 or PART 4 and the use and site requirements of this table, the highest or most restrictive requirement
shall prevail and shall be satisfied.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 59
Footnotes for Table 3.8: "RSM" Residential Serviced Multi-Unit Zone:
In addition to the minimum requirements for TABLE 3.8 (above), the following requirements shall apply:
(a)
(i)
The maximum allowable height for all buildings and structures shall be 30 feet (two stories) except
for architectural components of permitted or conditionally approved public buildings and private
tele-communication towers which are accessory to a residential use.
(b)
Where a proposed use requires wastewater disposal facilities and the site is NOT serviced by a piped
municipal sewer system or a private holding tank approved by the provincial authority having jurisdiction,
the minimum bulk requirements shall be adjusted as follows:
(i)
Minimum required site area shall be two (2) acres;
(ii)
Minimum required site width shall be two hundred (200) feet;
(iii)
Minimum required side yard shall be thirty (30) feet.
(c)
(i)
In the case of a corner lot, the minimum required side yard setback shall be increased to 12 feet
free of all projections other than eaves and gutters.
(d)
(i)
Where an interior lot used for residential purposes is not adjacent to a lane, one of the side yards
shall be a minimum of 10 feet free of all projections other than eaves and gutters in order to
accommodate the required parking space or to provide for vehicular access to the rear of the site.
This requirement shall not apply where a garage or carport is attached to the principal building.
(e)
(i)
The minimum dwelling unit floor area for each dwelling of all types in this zone shall be six-hundred
(600) sq./ft. (55.7 sq/m).
(ii)
All mobile and modular homes must meet all structural standards as determined by The Buildings
and Mobile Home Act, as amended.
(f)
(i)
For the purpose of interpreting the requirements of Table 3.8 herein, a semi-detached two-unit
dwelling, a row house or a multi-unit dwelling having common party walls shall be considered as
being one (1) building occupying one (1) site.
(iii)
Notwithstanding clause (i) of this footnote (above), in the case of semi-detached two-unit
dwellings, each dwelling unit may occupy a separate site, provided each site is a minimum of 4,000
sq./ft. in area and has a minimum site width of fifty (50) feet. In such circumstances, the side yard
required along the shared common party wall shall be reduced zero (0) feet and all other provisions
of Table 3.8 of this PART shall also apply.
(g)
The minimum site area required for multi-unit dwellings shall be 10,000 sq./ft. for the first three (3) units
and shall increase by a minimum of 1,000 sq./ft. for each additional dwelling unit thereafter.
(h)
Under authority of the applicable provincial Act, where any structure or development is proposed under,
below or at ground level within the controlled areas of the provincial highway system, permits must be
obtained from the provincial authority having jurisdiction.
(i)
Where an accessory building is used for storage of a motor vehicle, the wall which contains the vehicle
access door shall be set back a minimum distance of ten (10) feet from a public lane.
(j)
The minimum required front yard for accessory buildings and structures shall be the same as the minimum
required front yard for the principal building on the same site.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 60
(k)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated equipment such
as poles, transformers and switching boxes including Manitoba Hydro Substations and similar infrastructure
since all of this apparatus may require only very small parcels or none at all (easements). This does not
apply, however, to offices, equipment or vehicle storage, parking or workshops, where and if these uses
are permitted or approved.
(l)
Where the accessory building is located to the rear of the principal building the minimum side yard is two
(2) feet
(m)
One side of a mobile and modular home site shall contain a minimum open area of ten (10) feet by forty
(40) feet for the purposes of providing for outdoor amenity and recreation.
(n)
Where a proposed development involves the construction of "water control works" or "drainage works" as
identified under the Water Rights Act, it shall be the responsibility of the proponent to contact the provincial
authority having jurisdiction to obtain any required licenses or approvals prior to the commencement of
development.
(o)
All required yards specified for any use shall be located on the same site as the use, and shall be maintained
as open space except as provided elsewhere in this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 61
3.13
"RMMP" Residential Mobile/Modular Home and Park Zone
The "RMMP" Residential Mobile/Modular Home and Park Zoning District is hereby established in this by-
law and is intended to provide areas in the community of Hamiota where mobile and modular home spaces
may be leased. The keeping of any livestock in the "RMMP" zone is prohibited.
3.13.1 "RMMP" Residential Mobile/Modular Home and Park Zoning District Accessory Uses, Buildings and
Structures
a)
Permitted Accessory Uses, Buildings and Structures
i)
Accessory Domestic Structures
Accessory structures such as but not limited to decks, patios, statuary, flagpoles, private garages
and parking areas, garden sheds, gazebos, private swimming pools and other similar features.
ii)
Accessory Signs as provided for in PART 2 of this By-law.
iii)
Accessory Telecommunications Towers
An accessory telecommunication tower used to support ancillary devices such as but not
limited to citizens' band radio, television or internet service which is located on the same site
and in direct support of either a permitted or conditionally approved use shall be treated as a
permitted accessory structure. Notwithstanding the siting and setback requirements of Table
3.9 of this PART, all accessory telecommunication tower structures shall be set back from all
property lines of the site on which it is located a minimum distance equal to its total height,
measured from the ground to the uppermost point of its extension.
iv)
Home Based Businesses
Shall be developed in accordance with the requirements of PART 4 of this by-law.
b)
Conditional Accessory Uses, Buildings and Structures
i)
Secondary Suite
Not more than one "secondary suite" as defined in PART 6 of this by-law may be developed as a
conditionally approved accessory use and only when it is located on the same zoning site and is
located within and/or forming part of modular home. Notwithstanding the siting and setback
requirements for "accessory uses" as provided for in Table 3.9 of this PART, all secondary suites
shall satisfy all of the siting and setback requirements of PART 3, Table 3.9 herein applicable to the
principal dwelling within which the secondary suite is to be developed and all secondary suites
shall not exceed 49% of the total habitable floor space of the principal dwelling in which it is
developed. In all cases, where a secondary suite is being proposed, the principal dwelling in which
the secondary suite is being proposed shall be occupied by the owner of the property. It shall be
the responsibility of the proponent to consult with the provincial authority having jurisdiction prior
to construction to determine the suitability of the site for the secondary suite and determine the
need for any provincial permits, approvals or licenses as may be required associated with new or
expanded or modified on-site wastewater collection and drinking water systems and/or the
provision of hydro services.
c)
Prohibited Accessory Uses Buildings and Structures
i)
Accessory Shipping Containers
Accessory shipping containers as defined in PART 6 of this by-law are prohibited in the
"RMMP" Residential Serviced Multi-Unit Zone.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 62
ii)
Accessory Tent Like Structures
In the "RMMP" Zone, an "accessory tent-like structure" as defined in PART 6 of this by-law is
prohibited.
iii)
Pole Type Structures / Buildings
As defined in PART 6 of this by-law are prohibited in the "RMMP" - Residential
Mobile/Modular Home and Park Zone.
NOTE: For information related to projections into required yards, on-site parking and loading and
fencing, refer to PART 2 of this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 63
TABLE 3.9: USE & SITE REQUIREMENTS:
"RMMP" RESIDENTIAL
MOBILE/MODULAR HOME AND PARK
ZONE
MINIMUM REQUIREMENTS (a) (b) (c) (f) (j) (k)
SITE SIZE
REQUIRED YARDS
SITE
AREA
(sq./ft.)
SITE
WIDTH
(feet)
FRONT
YARD
(feet)
SIDE
YARD
(feet)
REAR
YARD
(feet)
PERMITTED USES
Dwellings on Subdivided Parcels: (e)
- Mobile Homes (Single-Wide)
- Mobile Homes (Double-Wide)
-Mobile Homes in Existence on the
Effective Date of this By-law
5,000
50
15
5 (d)
15
6,000
50
25
6 (d)
25
6,000
50
25
6 (d)
25
Dwellings in a Mobile and/or Mobile Home Park:
- Mobile Home Space in a Mobile and/or
Modular Home Park (e) (l)
- Modular Home Space in a Mobile and/or
Modular Home Park (e) (l)
4,000
5,000
40
50
15
15
4 (d)
6 (d)
15
15
Dwellings on Subdivided Parcels: (e)
- Modular Homes (Single Wide)
- Modular Homes (Double-Wide)
5,000
50
15
5 (d)
15
CONDITIONAL USES
Community Centers and Clubs
20,000
100
25
12
20
Group Daycare Facilities
7,200
65
25
10
25
Parks, Playgrounds, Tot Lots and Buffer Strips
3,000
20
10
10
10
Public Utility Buildings and Systems (i)
5,000
50
15
6
25
Place of Worship, including Churches, Temples,
Church Halls and Church Educational Facilities
15,000
100
25
20
20
ACCESSORY USES, BUILDINGS, STRUCTURES
Accessory uses, Buildings and Structures (g) (See also
PARTS 2 and 4 of this By-law).
-
-
(h)
3
2 (i)
NOTES:
1
For information concerning the treatment of lawfully established existing uses, buildings and structures in existence prior to the adoption
of this by-law, please refer to PART 2: Uses of this by-law.
2
Provisions of PART 2 General Rules and Regulations Applicable in All Zoning Districts and PART 4: Additional Requirements for Specific
Permitted, Conditional and Accessory Uses in Different Zones of this by-law shall also apply in this zone. In the event of a conflict
between the provisions of PART 2 or PART 4 and the use and site requirements of this table, the highest or most restrictive requirement
shall prevail and shall be satisfied.
Footnotes for Table 3.9: "RMMP" Residential Mobile/Modular Home Park Zone:
In addition to the minimum requirements for TABLE 3.9 (above), the following requirements shall apply:
(a)
(i)
Not more than one (1) principal building or principal use and its accessory buildings or structures
shall be permitted on one (1) site, with the exception of mobile homes in a mobile home park.
(ii)
The maximum allowable height for all principal buildings and structures shall be 30 feet (two
stories) except for architectural components of permitted or conditionally approved residential
use.
(iii)
The maximum allowable height for all accessory buildings and structures shall be 15 feet.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 64
(b)
Where a proposed use requires wastewater disposal facilities and the site is NOT serviced by a piped
municipal sewer system or a private holding tank approved by the provincial authority having jurisdiction,
the minimum bulk requirements shall be adjusted as follows:
(i)
Minimum required site area shall be two (2) acres;
(ii)
Minimum required site width shall be two hundred (200) feet;
(iii)
Minimum required side yard shall be thirty (30) feet.
(c)
(i)
In the case of a corner lot, the minimum required side yard setback shall be increased to 12 feet
free of all projections other than eaves and gutters.
(d)
(i)
Where an interior lot used for residential purposes is not adjacent to a lane, one of the side yards
shall be a minimum of 10 feet free of all projections other than eaves and gutters in order to
accommodate the required parking space or to provide for vehicular access to the rear of the site.
This requirement shall not apply where a garage or carport is attached to the principal building.
(ii)
One side of a mobile home space or mobile home site shall contain a minimum open area of ten
(10) feet by forty (40) feet for the purposes of providing for outdoor amenity and recreation.
(e)
(i)
The minimum dwelling unit floor area for dwellings of all types (including mobile and modular
homes) in this zone is six-hundred (600) sq./ft. (55.7 sq/m).
(f)
Under authority of the applicable provincial Act, where any structure or development is proposed under,
below or at ground level within the controlled areas of the provincial highway system, permits must be
obtained from the provincial authority having jurisdiction.
(g)
(i)
Where an accessory building is used for storage of a motor vehicle, the wall which contains the
vehicle access door shall be set back a minimum distance of ten (10) feet from a public lane.
(ii)
Where any accessory building is located to the rear of the principal building the minimum interior
side is two (2) feet
(h)
The minimum required front yard for accessory buildings and structures shall be the same as the minimum
required front yard for the principal building on the same site.
(i)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated equipment such
as poles, transformers and switching boxes including Manitoba Hydro Substations and similar infrastructure
since all of this apparatus may require only very small parcels or none at all (easements). This does not
apply, however, to offices, equipment or vehicle storage, parking or workshops, where and if these uses
are permitted or approved.
(j)
Where a proposed development involves the construction of "water control works" or "drainage works" as
identified under the Water Rights Act, it shall be the responsibility of the proponent to contact the provincial
authority having jurisdiction to obtain any required licenses or approvals prior to the commencement of
development.
(k)
All required yards specified for any use shall be located on the same site as the use, and shall be maintained
as open space except as provided elsewhere in this By-law.
(l)
MOBILE AND/OR MODULAR HOME PARK REQUIREMENTS:
A mobile and/or modular home park may only be developed with council's approval after consideration of
a development application subject to the following requirements:
Hamiota Municipal Zoning By-law No. 2019-04
Page | 65
1.
A mobile and/or modular home park shall only be developed in the "RMMP" Residential Mobile
and Modular Home and Park Zone.
2.
A new mobile and/or modular home park shall contain a minimum of three (3) mobile and/or
modular home spaces.
3.
A mobile and/or modular home park shall have a minimum width of two hundred (200) feet.
4.
A landscaped buffer area, a minimum of twenty (20) feet in width shall be maintained free and
clear of al buildings and structures around the entire perimeter of a mobile home park - accesses
to the mobile home park may cross this buffer.
5.
Internal road right-of-ways in a mobile/modular home park shall be a minimum of fifty (50) feet in
width with a developed concrete or asphalt roadway a minimum of twenty-five (25) feet in width.
6.
Only one mobile or modular home shall be located on a mobile or modular home space in a mobile
and/or modular home park.
7.
No mobile or modular home shall be located within twelve (12) feet of a storage compound or
twenty (20) feet of a service building.
8.
Each mobile and modular home space in a mobile/modular home park shall be provided with a
connection to the urban settlement center of Hamiota's municipal piped water and wastewater
systems, an electrical service connection capable of meeting the domestic needs of the mobile or
modular home and an adequate base to support the mobile or modular home and all streets shall
be provided with street lights to Council's specifications.
9.
Each application for development of a mobile home park shall be accompanied by a site plan
showing, to scale, roads, mobile/modular home spaces, pads, services and communal buildings
and structures.
10.
i)
Each mobile home space shall be a minimum of 40 feet wide and have a minimum depth
of 100 feet. Each mobile home shall be sited on a mobile home space such that a
minimum 10 ft. side yard exists on one side of the mobile home for vehicle parking and
open space purposes.
ii)
Each modular home space shall be a minimum of 50 ft. wide and have a depth of 100
feet. Each modular home shall be sited on a mobile home space such that a minimum 10
ft. side yard exists on one side of the modular home for vehicle parking and open space
purposes.
11.
Notwithstanding anything herein, no detached accessory building or structure shall be located
nearer a mobile home or modular home, including a mobile home or modular home on an
adjoining space, then a distance of six (6) feet clear of all projections. Detached accessory buildings
or structures shall be located only in the rear yard.
12.
All mobile and modular homes must meet all structural standards as determined by The Buildings
and Mobile Home Act, as amended.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 66
3.14
"CC" Commercial Central Zoning District
The "CC" - Commercial Central Zoning District is hereby established in this by-law and is intended to provide
areas in urban settlement centres for street-level commercial retail and other compatible uses such as,
office, personal service, dining and entrainment, large scale indoor recreation facilities in the centralized
part of urban settlement centres. This zoning district also supports the rehabilitation and re-use of existing
buildings, along with the preservation of heritage resources and significant structures. The keeping of any
livestock in the "CC" zone is prohibited.
3.14.1 "CC" Commercial Central Zoning District Accessory Uses, Buildings and Structures
Permitted Accessory Uses, Buildings and Structures
i)
Accessory Domestic Structures
Such as a private garage, carport, covered patio, tool house, shed, private swimming pool,
greenhouse, garden house, conservatory or child's playhouse or any other building or structure
normally accessory to a residential use;
ii)
Accessory Dwelling Unit
In the "CC" Commercial Central Zoning District, one or more accessory dwelling units
developed within the principal building or a mobile home shall be allowed as a permitted
accessory use but in all cases said accessory dwelling units must be located above or behind
the principal commercial enterprise occurring in the principal building and meet all other
requirements of this by-law, the Manitoba Building Code and Manitoba Fire Code (where
applicable).
iii)
Accessory Off-Street Parking as regulated in PART 2 of this by-law.
iv)
Accessory Signs as provided for in PART 2 of this By-law.
v)
Accessory Telecommunications Towers
An accessory telecommunication tower used to support ancillary devices such as but not
limited to citizens' band radio, television or internet service which is located on the same site
and in direct support of either a permitted or conditionally approved use shall be treated as a
permitted accessory structure. Notwithstanding the siting and setback requirements for
accessory uses, buildings and structures in the "CC" Commercial Central Zone, all accessory
telecommunication tower structures shall be set back from all property lines of the site on
which it is located a minimum distance equal to its total height, measured from the ground to
the uppermost point of its extension.
vi)
Home Based Business Activities
Shall be developed in accordance with the requirements of PART 4 of this by-law.
vii)
Incidental Commercial Activities
Including a sales outlet, processing, cleaning, servicing, altering, testing or repair of
merchandise normally offered for sale in connection with a permitted or conditional
commercial use;
viii)
Landscaping Features
Including side-walks, fences, decks, patios, gazebos, statuary, flagpoles, lighting fixtures, trees,
shrubs and other landscaping features.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 67
Conditional Accessory Uses, Buildings and Structures
i)
Accessory Shipping Containers
In the "CC" Zone, an "accessory shipping container" as defined in PART 6 of this by-law may
be developed as a conditionally approved accessory building only when it is located on the
same site as the use to which it is accessory. All accessory shipping containers as provided
for herein shall be subject to the issuance of a Development Permit and must meet all other
requirements of the zoning by-law, Manitoba Building Code and Manitoba Fire Code (where
applicable).
ii)
Accessory Tent Like Structures
In the "CC" Zone, an "accessory tent-like structure" as defined in PART 6 of this by-law may
be developed as a conditionally approved accessory building only when it is located on the
same site as the use to which it is accessory. All accessory tent-like structures between one
hundred and eight (108) square feet and two-fifty (250) square feet shall be subject to the
issuance of a Development Permit and must meet all other requirements of the zoning by-
law. Accessory tent-like structures exceeding two-hundred and fifty (250) square feet shall be
subject to the issuance of a Development Permit and Building Permit and must meet all other
requirements of the zoning by-law.
Prohibited Accessory Uses Buildings and Structures
i)
The keeping of any livestock and/or the construction of buildings or other structures or
enclosures for the purposes of keeping livestock is prohibited within the "CC" Commercial
Central Zoning District.
NOTE: For information related to projections into required yards, on-site parking and loading and
fencing, refer to PART 2 of this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 68
TABLE 3.10: USE & SITE REQUIREMENTS:
"CC" COMMERCIAL CENTRAL ZONE
MINIMUM REQUIREMENTS (a) (b) (i) (k) (l) (m) (n) (o)
SITE SIZE
REQUIRED YARDS
Area
(sq./ft.)
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear Yard
(feet)
PERMITTED USES
Amusement Enterprises
3,000
25
0
0(f)
25(g)
Antique Stores and Second Hand Stores
3,000
25
0
0(f)
25(g)
Art Stores
3,000
25
0
0(f)
25(g)
Auditoriums, Clubs, Halls or Lodges
3,000
25
0
0(f)
25(g)
Automobile Service Stations and Car Washes
15,000
100
45
20
20
Bakeries
3,000
25
0
0(f)
25(g)
Banks or Financial Institutions
3,000
25
0
0(f)
25(g)
Billiard Parlors or Bowling Alleys
3,000
25
0
0(f)
25(g)
Book Stores
3,000
25
0
0(f)
25(g)
Bus Depots
3,000
25
0
0(f)
25(g)
Cafes, Coffee Shops, Restaurants, Banquet Halls or
Beverage Rooms
3,000
25
0
0(f)
25(g)
Catering Establishments
3,000
25
0
0(f)
25(g)
Cleaning Establishments, including Dry Cleaners or
Laundromats
3,000
25
0
0(f)
25(g)
Clinics, Dental, Medical or Optical
3,000
25
0
0(f)
25(g)
Clothing Stores or Fabric Stores
3,000
25
0
0(f)
25(g)
Community Centres or Community Clubs
3,000
25
0
0(f)
25(g)
Convenience Stores
3,000
25
0
0(f)
25(g)
Department Stores
3,000
25
0
0(f)
25(g)
Emergency Services Including Fire, Police and
Ambulance Stations
3,000
25
0
0(f)
25(g)
Dry Goods or Notions Stores
3,000
25
0
0(f)
25(g)
Fertilizer, non-hazardous
- Sales Only
3,000
25
0
0(f)
25(g)
Florists' Stores
3,000
25
0
0(f)
25(g)
Furniture Stores
3,000
25
0
0(f)
25(g)
Funeral Homes or Parlors
3,000
25
0
0(f)
25(g)
Gift or Novelty Shops
3,000
25
0
0(f)
25(g)
Grocery Stores
3,000
25
0
0(f)
25(g)
Hardware or Appliance Stores
3,000
25
0
0(f)
25(g)
Hotels and Motels
- With Beverage Rooms or Restaurants
- Without Beverage Rooms or Restaurants
30,000 (j)
150 (j)
50 (j)
15 (j)
15
15,000 (i) (j)
100
50 (j)
15 (j)
15
Interior Decorating Establishments
3,000
25
0
0(f)
25(g)
Jewelry Stores
3,000
25
0
0(f)
25(g)
Libraries, Museums and Theatres
3,000
25
0
0(f)
25(g)
Hamiota Municipal Zoning By-law No. 2019-04
Page | 69
TABLE 3.10: USE & SITE REQUIREMENTS:
"CC" COMMERCIAL CENTRAL ZONE
MINIMUM REQUIREMENTS (a) (b) (i) (k) (l) (m) (n) (o)
SITE SIZE
REQUIRED YARDS
Area
(sq./ft.)
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear Yard
(feet)
Liquor Stores
3,000
25
0
0(f)
25(g)
Mail Order Stores
3,000
25
0
0(f)
25(g)
Meat Stores and Delicatessens
3,000
25
0
0(f)
25(g)
Miniature Golf Courses
3,000
25
0
0(f)
25(g)
Newspaper or Printing Establishments
3,000
25
0
0(f)
25(g)
Offices, Business, Professional, Health Care or
Governmental
3,000
25
0
0(f)
25(g)
Parking Lots
3,000
25
0
0(f)
25(g)
Parks or Buffer Strips
3,000
25
0
0(f)
25(g)
Personal Service Shops, such as Barber Shops,
Beauty Parlors and similar uses
3,000
25
0
0(f)
25(g)
Photography Studios
3,000
25
0
0(f)
25(g)
Radio, Television or Small Appliance Sales, Service
and Repairs
3,000
25
0
0(f)
25(g)
Retail Stores and Sales Buildings
3,000
25
0
0(f)
25(g)
Place of Worship including churches, temples,
church halls and church educational facilities
3,000
25
0
0(f)
25(g)
Residential apartments, dwelling units, or suites in
the second storey or in the rear portion of the
main floor of a principal building
12,000
100
30
12
25
Service Clubs or Private Clubs
3,000
25
0
0(f)
25(g)
Shoe Sales or Repair Stores
3,000
25
0
0(f)
25(g)
Shopping Centres
3,000
25
0
0(f)
25(g)
Sporting Goods Stores
3,000
25
0
0(f)
25(g)
CONDITIONAL USES
Advertising Signs (with a sign surface area greater
than 54 sq./ft. in size)
-
-
25 (h)
15 (h)
15 (h)
Auction Marts (excluding livestock)
3,000
25
0
0(f)
25(g)
Building Contractors' Establishments, including
Plumbers or Electricians Service Shops
3,000
25
0
0(f)
25(g)
Building Supply Sales, Interior Storage Only)
3,000
25
0
0(f)
25(g)
Bulk Fuel
- Sales Only
3,000
25
0
0(f)
25(g)
Cannabis Retail Establishment
3,000
25
0
0 (f)
25 (g)
Carpentry and Woodworking Manufacturing and
Sales Shops
3,000
25
0
0(f)
25(g)
Contractors Establishments (with outdoor storage)
3,000
25
0
0(f)
25(g)
Hamiota Municipal Zoning By-law No. 2019-04
Page | 70
TABLE 3.10: USE & SITE REQUIREMENTS:
"CC" COMMERCIAL CENTRAL ZONE
MINIMUM REQUIREMENTS (a) (b) (i) (k) (l) (m) (n) (o)
SITE SIZE
REQUIRED YARDS
Area
(sq./ft.)
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear Yard
(feet)
Drive-In Restaurants or Other Drive-In
Establishments
3,000
25
0
0(f)
25(g)
Multi-Family Dwellings containing three or more
dwelling units (f)
12,000
100
30
12
25
Public Utilities or Services (Water, Hydro,
Telephone etc. (k)
3,000
25
0
0(f)
25(g)
Stain glass retail and craft education
3,000
25
0
0(f)
25(g)
Storage Buildings, Non-Hazardous Materials
3,000
25
0
0(f)
25(g)
Tire Shops
3,000
25
0
0(f)
25(g)
Upholstering Shops
3,000
25
0
0(f)
25(g)
ACCESSORY USES, BUILDINGS, STRUCTURES
Accessory uses, Buildings and Structures
(See also PARTS 2 and 4 of this By-law).
-
-
(c) (d)
5(c)(d)(e)
5 (c)(e)
NOTES:
1
For information concerning the treatment of lawfully established existing uses, buildings and structures in existence prior to the adoption
of this by-law, please refer to PART 2: General Rules and Regulations Applicable in All Zoning Districts of this by-law.
2
Provisions of PART 2: General Rules and Regulations Applicable in All Zoning Districts and PART 4: Additional Requirements for
Specific Permitted, Conditional and Accessory Uses in Different Zones of this by-law shall also apply in this zone. In the event of a
conflict between the provisions of PART 2 or PART 4 and the use and site requirements of this table, the highest or most restrictive
requirement shall prevail and shall be satisfied.
Footnotes for Table 3.10: '"CC" Commercial Central Zone:
(a)
The minimum floor area of all accessory residential dwelling units shall be four hundred (400) square feet
[except for multi-family dwellings containing three or more dwellings units in which case the minimum floor
area for a dwelling unit shall be six hundred (600) square feet].
(b)
The maximum height for all buildings and structures shall be thirty (30) feet, with the exception of grain
elevator complexes, storage tanks for fuels, fertilizers and grain, and with the exception of features such as
antennas, flagpoles, church spires, and chimneys.
(c)
Gasoline pumps shall have a minimum setback of twenty (20) feet from any site line and twenty (20) feet from
any building on the property.
(d)
In the case of accessory buildings or structures, the required front and corner side yards shall be the same as
the required front and side yards on the street side of a corner site of the principal building or structure.
(e)
Where the boundary of a site in the "CC" Zone is coterminous with the side site line or rear site line of a site
in a Residential Zone, the principal and accessory buildings or structures shall be set back fifteen (15) feet from
the common site line.
(f)
The side site line may be located within a common party wall in which case the side yard setback shall be zero
(0) feet, but where an interior side yard is provided, it shall be a minimum width of six (6) feet.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 71
(g)
The rear yard may be reduced to five (5) feet, provided that all required parking and loading spaces are
provided elsewhere on the site, and provided that the rear portion of the building does not contain a dwelling
unit.
(h)
Where there is no lane, one of the required side yards shall be a minimum of fifteen (15) feet in width to
accommodate loading facilities and incidental exterior storage of materials.
(i)
In the "CC" zone, more than one principal commercial building or commercial use of land or some
combination thereof may be permitted on a single parcel of land. Where any building or parcel is used for
more than (1) purpose, all of the requirements of this by-law pertaining to each building or use shall be
satisfied. In the event of a conflict between requirements pertaining to each use or building, the higher
or more stringent requirement shall prevail and shall be satisfied.
(j)
In a "CC" zone, a hotel requires a minimum site area of twelve thousand (12,000) square feet, a minimum site
width of one hundred (100) feet, a minimum zero (0) foot front yard and a minimum four (4) foot side yard.
(k)
Not more than one principal building or principal use and its permitted accessory structures shall be permitted
on (1) site, with the exception of "multi-family dwellings containing three or more dwelling units.
(l)
Under authority of the applicable provincial Act, where any structure or development is proposed under,
below or at ground level within the controlled areas of the provincial highway system, permits must be
obtained from the provincial authority having jurisdiction.
(m)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated equipment such
as poles, transformers and switching boxes including Manitoba Hydro Substations and similar infrastructure
since all of this apparatus may require only very small parcels or none at all (easements). This does not
apply, however, to offices, equipment or vehicle storage, parking or workshops, where and if these uses
are permitted or approved.
(n)
Where a proposed development involves the construction of "water control works" or "drainage works" as
identified under the Water Rights Act, it shall be the responsibility of the proponent to contact the provincial
authority having jurisdiction to obtain any required licenses or approvals prior to the commencement of
development.
(o)
All required yards specified for any use shall be located on the same site as the use, and shall be maintained
as open space except as provided elsewhere in this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 72
3.15
"CH" Commercial Highway Zoning District
Is hereby established in this by-law and is intended for a range of commercial and related uses that serve
the needs of the travelling public that are most appropriately located on major highways outside of the
core / downtown areas of urban settlement centres and/or rural settlement centres. The keeping of any
livestock in the "CH" zone is prohibited.
3.15.1 "CH" Commercial Highway Zoning District Accessory Uses, Buildings and Structures
Permitted Accessory Uses, Buildings and Structures
i)
Accessory Dwelling Unit
In the "CH" zone, one (1) attached or detached accessory dwelling unit and its associated accessory
buildings may be developed as a permitted accessory use on the same parcel as the principal use
commercial use of the property. The accessory dwelling unit must in all cases satisfy all of the
siting and setback requirements applicable to the principal use of the property and meet all other
requirements of this by-law, the Manitoba Building Code and Manitoba Fire Code (where
applicable). The minimum dwelling unit floor area for the accessory dwelling unit shall be one-
thousand (1,000) sq./ft. (92.9sq/m).
ii)
Accessory Signs as provided for in PART 2 of this By-law.
iii)
Accessory Telecommunications Towers
An accessory telecommunication tower used to support ancillary devices such as but not
limited to citizens' band radio, television or internet service which is located on the same site
and in direct support of either a permitted or conditionally approved use shall be treated as a
permitted accessory structure. Notwithstanding the siting and setback requirements of Table
3.11 of this PART, all accessory telecommunication tower structures shall be set back from all
property lines of the site on which it is located a minimum distance equal to its total height,
measured from the ground to the uppermost point of its extension.
iv)
Home Based Business Activities shall be developed in accordance with the requirements of
PART 4 of this by-law.
Conditional Accessory Uses, Buildings and Structures
i)
Accessory Tent Like Structures
In the "CH" Zone, an "accessory tent-like structure" as defined in PART 6 of this by-law may
be developed as a conditionally approved accessory building only when it is located on the
same site as the use to which it is accessory. All accessory tent-like structures between one
hundred and eight (108) square feet and two-fifty (250) square feet shall be subject to the
issuance of a Development Permit and must meet all other requirements of the zoning by-
law. Accessory tent-like structures exceeding two-hundred and fifty (250) square feet shall be
subject to the issuance of a Development Permit and Building Permit and must meet all other
requirements of the zoning by-law.
Prohibited Accessory Uses Buildings and Structures
i)
Accessory Shipping Containers
Accessory shipping containers as defined in PART 6 of this by-law are prohibited in the "CH"
Commercial Highway Zone.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 73
NOTE: For information related to projections into required yards, on-site parking and loading and fencing,
refer to PART 2 of this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 74
TABLE 3.11: USE & SITE
REQUIREMENTS: "CH" COMMERCIAL
HIGHWAY ZONE
MINIMUM REQUIREMENTS (b) (c) (e) (f) (g) (h) (i) (l) (m)
SITE SIZE
REQUIRED YARDS
Area (sq./ft.)
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear Yard
(feet)
PERMITTED USES
Agricultural Implements, Equipment or
Structures, Sales and Service
40,000
150
50
20
50
Amusement Enterprises
15,000
100
40
15
15
Antique Stores and Second Hand Stores
15,000
100
40
15
15
Auction Marts (excluding livestock)
15,000
100
40
15
15
Automobiles,
Boats,
Trucks,
Trailers
or
Recreational Vehicles (including motorcycles and
snowmobiles)
- Sales Areas
- Service Stations
- Washing Establishments
30,000
150
50
25
30
15,000
100
30
15
15
15,000
100
40
15
15
Billiard Parlors or Bowling Alleys
15,000
100
40
15
15
Building Supply Sales, Interior Storage only
15,000
100
40
15
15
Bus Depots
15,000
100
40
15
15
Business & Personal Services Establishments
15,000
100
125
15
15
Cafes, Coffee Shops, Restaurants, Banquet Halls
or Beverage Rooms
15,000
100
40
15
15
Catering Establishments
15,000
100
40
15
15
Cleaning Establishments, including Dry Cleaners
or Laundromats
15,000
100
40
15
15
Convenience Stores
15,000
100
40
15
15
Drive-In Restaurants or Other Drive-In
Establishments
15,000
100
40
15
15
Emergency Services Including Fire, Police and
Ambulance Stations
15,000
100
40
15
15
Fertilizer, non-hazardous
- Sales Only
15,000
100
40
15
15
Gift or Novelty Shops
15,000
100
40
15
15
Miniature Golf Courses
15,000
100
40
15
15
Hotels and Motels with or without Beverage
Rooms and/or Restaurants
30,000
150
50
15
15
Parking Lots
15,000
100
30
15
15
Parks or Buffer Strips
15,000
100
30
15
15
Public Utilities or Services (Water, Hydro,
Telephone etc. (k)
3,000
25
0
0
25
Residential apartments, dwelling units, or suites
in the second storey or in the rear portion of the
main floor of a principal building (a)
15,000
100
40
15
15
Hamiota Municipal Zoning By-law No. 2019-04
Page | 75
TABLE 3.11: USE & SITE
REQUIREMENTS: "CH" COMMERCIAL
HIGHWAY ZONE
MINIMUM REQUIREMENTS (b) (c) (e) (f) (g) (h) (i) (l) (m)
SITE SIZE
REQUIRED YARDS
Area (sq./ft.)
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear Yard
(feet)
CONDITIONAL USES
Advertising Signs (with a sign surface area
greater than 54 sq./ft. in size)
-
-
25
15
15
Auditoriums, Clubs, Halls or Lodges
15,000
100
40
15
15
Building Contractors' Establishments, including
Plumbers or Electricians Service Shops
15,000
100
40
15
15
Building Supply Sales, Exterior and Interior
Storage
30,000
150
50
15
15
Bus Garages or Compounds
15,000
100
40
15
15
Bulk Fuel
- Sales Only
15,000
100
40
15
15
Cannabis Retail Establishment
10,000
100
25
15
10
Maintenance Buildings or Compounds
15,000
100
30
15
15
Place of Worship including churches, temples,
church halls and church educational facilities
15,000
100
30
15
15
Storage Buildings, Non-Hazardous Materials
15,000
100
40
15
15
Tire Shops
15,000
100
40
15
15
Travel Trailer Parks or Campgrounds
15,000
100
40
15
15
Truck Wash
15,000
100
40
15
15
Upholstering Shops
15,000
100
40
15
15
ACCESSORY USES, BUILDINGS, STRUCTURES
Accessory uses, Buildings and Structures (j)
(See also PARTS 2 and 4 of this By-law).
-
-
(c) (d)
5(c)(d)(e)
5 (c)(e)
NOTES:
1
For information concerning the treatment of lawfully established existing uses, buildings and structures in existence prior to the adoption
of this by-law, please refer to PART 2: General Rules and Regulations Applicable in All Zoning Districts of this by-law.
2
Provisions of PART 2: General Rules and Regulations Applicable in All Zoning Districts and PART 4: Additional Requirements for
Specific Permitted, Conditional and Accessory Uses in Different Zones of this by-law shall also apply in this zone. In the event of a
conflict between the provisions of PART 2 or PART 4 and the use and site requirements of this table, the highest or most restrictive
requirement shall prevail and shall be satisfied.
Footnotes for Table 3.11: '"CH" Commercial Highway Zone:
(a)
The minimum floor area of all permitted accessory residential dwelling units shall be four hundred (400)
square feet.
(b)
The maximum height for all buildings and structures shall be thirty (30) feet, with the exception of f features
such as antennas, flagpoles, church spires, and chimneys.
(c)
Gasoline pumps shall have a minimum setback of twenty (20) feet from any site line and twenty (20) feet from
any building on the property.
(d)
In the case of accessory buildings or structures, the required front and corner side yards shall be the same as
the required front and side yards on the street side of a corner site of the principal building or structure.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 76
(e)
Where the boundary of a site in the "CH" zone is coterminous with the side site line or rear site line of a site
in a Residential Zone, the principal and accessory buildings or structures shall be set back fifteen (15) feet from
the common site line.
(f)
The side site line may be located within a common party wall in which case the side yard setback shall be zero
(0) feet, but where an interior side yard is provided, it shall be a minimum width of six (6) feet.
(g)
In the "CH" zone, more than one principal commercial building or commercial use of land or some
combination thereof may be permitted on a single parcel of land. Where any building or parcel is used for
more than (1) purpose, all of the requirements of this by-law pertaining to each building or use shall be
satisfied. In the event of a conflict between requirements pertaining to each use or building, the higher
or more stringent requirement shall prevail and shall be satisfied.
(h)
Under authority of the applicable provincial Act, where any structure or development is proposed under,
below or at ground level within the controlled areas of the provincial highway system, permits must be
obtained from Manitoba Infrastructure.
(i)
Where a proposed use requires wastewater disposal facilities and the site is NOT serviced by a piped
municipal sewer system or a private holding tank approved by the provincial authority having jurisdiction,
the minimum bulk requirements shall be adjusted as follows:
(i)
Minimum required site area shall be two (2) acres;
(ii)
Minimum required site width shall be two hundred (200) feet;
(iii)
Minimum required side yard shall be thirty (30) feet.
(j)
Where an accessory building is used for storage of a motor vehicle, the wall which contains the vehicle
access door shall be set back a minimum distance of ten (10) feet from a public lane.
(k)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated equipment such
as poles, transformers and switching boxes including Manitoba Hydro Substations and similar infrastructure
since all of this apparatus may require only very small parcels or none at all (easements). This does not
apply, however, to offices, equipment or vehicle storage, parking or workshops, where and if these uses
are permitted or approved.
(l)
Where a proposed development involves the construction of "water control works" or "drainage works" as
identified under the Water Rights Act, it shall be the responsibility of the proponent to contact the provincial
authority having jurisdiction to obtain any required licenses or approvals prior to the commencement of
development.
(m)
All required yards specified for any use shall be located on the same site as the use, and shall be maintained
as open space except as provided elsewhere in this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 77
3.16
The "ML" Industrial Light Zoning District
Is hereby established in this by-law and is intended to provide areas in urban settlement centres for a variety
of manufacturing, processing, storage and transportation industries. The keeping of any livestock in the
"ML" zone is prohibited.
3.16.1 "ML" - Industrial Light Zoning District Accessory Uses, Buildings and Structures
Permitted Accessory Uses, Buildings and Structures
i)
Accessory Shipping Containers
In the "ML" Industrial Light Zone, an "accessory shipping container" as defined in PART 6 of
this by-law may be developed as a permitted accessory building only when it is located on the
same site as the permitted or conditionally approved industrial use to which it is accessory.
All accessory shipping containers as provided for herein shall be subject to the issuance of a
Development Permit and must meet all other requirements of the zoning by-law, Manitoba
Building Code and Manitoba Fire Code (where applicable).
ii)
Accessory Tent Like Structures
In the "ML" Industrial Light Zone, an "accessory tent-like structure" as defined in PART 6 of
this by-law may be developed as a permitted accessory building only when it is located on the
same site as the use to which it is accessory. All accessory tent-like structures between one
hundred and eight (108) square feet and two-fifty (250) square feet shall be subject to the
issuance of a Development Permit and must meet all other requirements of the zoning by-
law. Accessory tent-like structures exceeding two-hundred and fifty (250) square feet shall be
subject to the issuance of a Development Permit and Building Permit and must meet all other
requirements of the zoning by-law.
iii)
Accessory Dwelling Unit
In the "ML" Industrial Light Zone, one (1) attached or detached accessory dwelling unit and
its associated accessory buildings may be developed as a permitted accessory use on the same
parcel as the principal commercial use of the property which it serves. The accessory dwelling
unit must in all cases satisfy all of the siting and setback requirements applicable to the
principal use of the property and meet all other requirements of this by-law, the Manitoba
Building Code and Manitoba Fire Code (where applicable). The minimum dwelling unit floor
area for the accessory dwelling unit shall be one-thousand (1,000) sq./ft. (92.9sq/m).
iv)
Accessory Telecommunications Towers
In the "ML" Industrial Light Zone, an accessory telecommunication tower used to support
ancillary devices such as but not limited to citizens' band radio, television or internet service
which is located on the same site and in direct support of either a permitted or conditionally
approved use shall be treated as a permitted accessory structure. Notwithstanding the siting
and setback requirements of Table 3.12 of this PART, all accessory telecommunication tower
structures shall be set back from all property lines of the site on which it is located a minimum
distance equal to its total height, measured from the ground to the uppermost point of its
extension.
v)
Home Based Business Activities in the "ML" Industrial Light Zone shall be developed in
accordance with the requirements of PART 4 of this by-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 78
Conditional Accessory Uses, Buildings and Structures
Prohibited Accessory Uses Buildings and Structures
NOTE: For information related to projections into required yards, on-site parking and loading and fencing,
refer to PART 2 of this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 79
TABLE 3.12: USE & SITE REQUIREMENTS:
"ML" - INDUSTRIAL LIGHT ZONE
MINIMUM REQUIREMENTS (a) (b) (c) (d) (f) (h) (i)
SITE SIZE
REQUIRED YARDS
Area
(sq./ft.)
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Advertising Signs (with a sign surface area up to 54
sq./ft. in size)
-
-
25 (d)
15 (d)
15 (d)
Automobile, Boat and Trailer Sales and Service
40,000
150
25
15
25
Automobile Service Stations
40,000
150
25
15
25
Bulk Fuel and Oil Sales and Storage
15,000
100
25
15
25
Carpentry and Woodworking Shops
7,000
70
25
15
25
Concrete Products Manufacturing Establishments
7,000
70
25
15
25
Contractor's Establishments
- With outdoor storage
- With indoor storage only
10,000
100
25
15
25
7,000
70
25
15
25
Farm Implement Sales and Service
40,000
150
25
15
25
Fire and Police Stations
7,000
70
25
15
25
Machine Shop
7,000
70
25
15
25
Manufacturing, General
7,000
70
25
15
25
Moving, Storage and Warehousing
7,000
70
25
15
25
Public Utilities (g)
5,000
50
25
15
25
Recreation Facilities (Bowling Alleys, Cinemas, etc
7,000
70
25
15
25
Snowmobile, Motorcycle and ATV Sales and Service
Establishments
10,000
100
25
15
25
Truck Terminals
40,000
150
25
15
25
Wholesale Office Sales and Storage
7,000
70
25
15
25
Wood Processing Establishments
7,000
70
25
15
25
CONDITIONAL USES
Advertising Signs (with a sign surface area greater
than 54 sq./ft. in size)
-
-
25 (d)
15 (d)
15 (d)
Agricultural Industries
40,000
150
25
15
25
Asphalt Mixing Plants and Products
40,000
150
25
15
25
Automobile Wrecking Establishments
40,000
150
25
15
25
Concrete Batch Plants
40,000
150
25
15
25
Industrial Service Shop
40,000
150
25
15
25
Junk Yard
40,000
150
25
15
25
Manufacturing, Chemical
40,000
150
25
15
25
Manufacturing, Indoor federally licensed cannabis
cultivation, processing and packaging facilities and
related activities).
40,000
150
25
15
25
Restaurants and Drive-In Eating Establishments
20,000
100
25
15
25
ACCESSORY USES, BUILDINGS, STRUCTURES
Accessory uses, Buildings and Structures
(See also PARTS 2 and 4 of this By-law)
-
-
(e)
3
2
NOTES:
1
For information concerning the treatment of lawfully established existing uses, buildings and structures in existence prior to the adoption of
this by-law, please refer to PART 2: General Rules and Regulations Applicable in All Zoning Districts of this by-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 80
TABLE 3.12: USE & SITE REQUIREMENTS:
"ML" - INDUSTRIAL LIGHT ZONE
MINIMUM REQUIREMENTS (a) (b) (c) (d) (f) (h) (i)
SITE SIZE
REQUIRED YARDS
Area
(sq./ft.)
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
2
Provisions of PART 2: General Rules and Regulations Applicable in All Zoning Districts and PART 4: Additional Requirements for Specific
Permitted, Conditional and Accessory Uses in Different Zones of this by-law shall also apply in this zone. In the event of a conflict between
the provisions of PART 2 or PART 4 and the use and site requirements of this table, the highest or most restrictive requirement shall prevail
and shall be satisfied.
Footnotes for Table 3.12: "ML" Industrial Light Zone:
(a)
i)
The maximum allowable height for all buildings and structures shall be 30 feet (two stories) except
for architectural components of permitted or conditionally approved public buildings and
accessory telecommunication towers.
(b)
Where a proposed use requires wastewater disposal facilities and the site is NOT serviced by a piped
municipal sewer system or a private holding tank approved by the provincial authority having jurisdiction,
the minimum bulk requirements shall be adjusted as follows:
(i)
Minimum required site area shall be two (2) acres;
(ii)
Minimum required site width shall be two hundred (200) feet;
(iii)
Minimum required side yard shall be thirty (30) feet.
(c)
In the "ML" Industrial Light Zone, more than one principal commercial building or commercial use of land
or some combination thereof may be permitted on a single parcel of land. Where any building or parcel is
used for more than (1) purpose, all of the requirements of this by-law pertaining to each building or use
shall be satisfied. In the event of a conflict between requirements pertaining to each use or building, the
higher or more stringent requirement shall prevail and shall be satisfied.
(d)
Under authority of the applicable provincial Act, where any structure or development is proposed under,
below or at ground level within the controlled areas of the provincial highway system, permits must be
obtained from the provincial authority having jurisdiction.
(e)
The minimum required front yard for accessory buildings and structures shall be the same as the minimum
required front yard for the principal building on the same site.
(f)
Where a side or rear yard of a site in the "ML" Industrial Light Zone abuts the boundary of another zone,
the yard requirements shall be increased by 50 percent.
(g)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated equipment such
as poles, transformers and switching boxes including Manitoba Hydro Substations and similar infrastructure
since all of this apparatus may require only very small parcels or none at all (easements). This does not
apply, however, to offices, equipment or vehicle storage, parking or workshops, where and if these uses
are permitted or approved.
(h)
Where a proposed development involves the construction of "water control works" or "drainage works" as
identified under the Water Rights Act, it shall be the responsibility of the proponent to contact the provincial
authority having jurisdiction to obtain any required licenses or approvals prior to the commencement of
development.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 81
(i)
All required yards specified for any use shall be located on the same site as the use, and shall be maintained
as open space except as provided elsewhere in this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 82
3.17
The "MH" Industrial Heavy Zoning District
Is hereby established in this by-law and is intended to provide areas in urban settlement centres for a variety
of manufacturing, processing, storage and transportation industries. The keeping of any livestock in the
"MH" zone is prohibited.
3.17.1 "MH" - Industrial Light Zoning District Accessory Uses, Buildings and Structures
Permitted Accessory Uses, Buildings and Structures
i)
Accessory Shipping Containers
In the "MH" Industrial Heavy Zone, an "accessory shipping container" as defined in PART 6 of
this by-law may be developed as a permitted accessory building only when it is located on the
same site as the permitted or conditionally approved industrial use to which it is accessory.
All accessory shipping containers as provided for herein shall be subject to the issuance of a
Development Permit and must meet all other requirements of the zoning by-law, Manitoba
Building Code and Manitoba Fire Code (where applicable).
ii)
Accessory Tent Like Structures
In the "MH" Industrial Heavy Zone, an "accessory tent-like structure" as defined in PART 6 of
this by-law may be developed as a permitted accessory building only when it is located on the
same site as the use to which it is accessory. All accessory tent-like structures between one
hundred and eight (108) square feet and two-fifty (250) square feet shall be subject to the
issuance of a Development Permit and must meet all other requirements of the zoning by-
law. Accessory tent-like structures exceeding two-hundred and fifty (250) square feet shall be
subject to the issuance of a Development Permit and Building Permit and must meet all other
requirements of the zoning by-law.
iii)
Accessory Dwelling Unit
In the "MH" Industrial Heavy Zone, one (1) attached or detached accessory dwelling unit and
its associated accessory buildings may be developed as a permitted accessory use on the same
parcel as the principal commercial use of the property which it serves. The accessory dwelling
unit must in all cases satisfy all of the siting and setback requirements applicable to the
principal use of the property and meet all other requirements of this by-law, the Manitoba
Building Code and Manitoba Fire Code (where applicable). The minimum dwelling unit floor
area for the accessory dwelling unit shall be one-thousand (1,000) sq./ft. (92.9sq/m).
iv)
Accessory Telecommunications Towers
In the "MH" Industrial Heavy Zone, an accessory telecommunication tower used to support
ancillary devices such as but not limited to citizens' band radio, television or internet service
which is located on the same site and in direct support of either a permitted or conditionally
approved use shall be treated as a permitted accessory structure. Notwithstanding the siting
and setback requirements of Table 3.13 of this PART, all accessory telecommunication tower
structures shall be set back from all property lines of the site on which it is located a minimum
distance equal to its total height, measured from the ground to the uppermost point of its
extension.
v)
Home Based Business Activities in the "MH" Industrial Heavy Zone shall be developed in
accordance with the requirements of PART 4 of this by-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 83
Conditional Accessory Uses, Buildings and Structures
Prohibited Accessory Uses Buildings and Structures
NOTE: For information related to projections into required yards, on-site parking and loading and fencing,
refer to PART 2 of this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 84
TABLE 3.13: USE & SITE REQUIREMENTS:
"MH" - INDUSTRIAL HEAVY ZONE
MINIMUM REQUIREMENTS (a) (b) (c) (d) (f) (h) (i) (r)
SITE SIZE
REQUIRED YARDS
Area
(sq./ft.)
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Advertising Signs (with a sign surface area up to 54
sq./ft. in size)
-
-
25 (d)
15 (d)
15 (d)
Automobile, Boat and Trailer Sales and Service
40,000
150
25
15
25
Automobile Service Stations
40,000
150
25
15
25
Bulk Fuel and Oil Sales and Storage
15,000
100
25
15
25
Carpentry and Woodworking Shops
7,000
70
25
15
25
Concrete Products Manufacturing Establishments
7,000
70
25
15
25
Contractor's Establishments
- With outdoor storage
- With indoor storage only
10,000
100
25
15
25
7,000
70
25
15
25
Farm Implement Sales and Service
40,000
150
25
15
25
Fire and Police Stations
7,000
70
25
15
25
Machine Shop
7,000
70
25
15
25
Manufacturing, General
7,000
70
25
15
25
Moving, Storage and Warehousing
7,000
70
25
15
25
Public Utilities (g)
5,000
50
25
15
25
Recreation Facilities (Bowling Alleys, Cinemas, etc
7,000
70
25
15
25
Snowmobile, Motorcycle and ATV Sales and Service
Establishments
10,000
100
25
15
25
Truck Terminals
40,000
150
25
15
25
Wholesale Office Sales and Storage
7,000
70
25
15
25
Wood Processing Establishments
7,000
70
25
15
25
CONDITIONAL USES
Advertising Signs (with a sign surface area greater
than 54 sq./ft. in size)
-
-
25 (d)
15 (d)
15 (d)
Agricultural Industries
40,000
150
25
15
25
Asphalt Mixing Plants and Products
40,000
150
25
15
25
Automobile Wrecking Establishments
40,000
150
25
15
25
Concrete Batch Plants
40,000
150
25
15
25
Industrial Service Shop
40,000
150
25
15
25
Junk Yard
40,000
150
25
15
25
Manufacturing, Chemical
40,000
150
25
15
25
Manufacturing, Indoor federally licensed cannabis
cultivation, processing and packaging facilities and
related activities.
40,000
150
25
15
25
Restaurants and Drive-In Eating Establishments
20,000
100
25
15
25
ACCESSORY USES, BUILDINGS, STRUCTURES
Accessory uses, Buildings and Structures
(See also PARTS 2 and 4 of this By-law)
-
-
(e)
3
2
NOTES:
3
For information concerning the treatment of lawfully established existing uses, buildings and structures in existence prior to the adoption of
this by-law, please refer to PART 2: General Rules and Regulations Applicable in All Zoning Districts of this by-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 85
TABLE 3.13: USE & SITE REQUIREMENTS:
"MH" - INDUSTRIAL HEAVY ZONE
MINIMUM REQUIREMENTS (a) (b) (c) (d) (f) (h) (i) (r)
SITE SIZE
REQUIRED YARDS
Area
(sq./ft.)
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
4
Provisions of PART 2: General Rules and Regulations Applicable in All Zoning Districts and PART 4: Additional Requirements for Specific
Permitted, Conditional and Accessory Uses in Different Zones of this by-law shall also apply in this zone. In the event of a conflict between
the provisions of PART 2 or PART 4 and the use and site requirements of this table, the highest or most restrictive requirement shall prevail
and shall be satisfied.
Footnotes for Table 3.13: "MH" Industrial Heavy Zone:
(a)
i)
The maximum allowable height for all buildings and structures shall be 30 feet (two stories) except
for architectural components of permitted or conditionally approved public buildings and
accessory telecommunication towers.
(b)
Where a proposed use requires wastewater disposal facilities and the site is NOT serviced by a piped
municipal sewer system or a private holding tank approved by the provincial authority having jurisdiction,
the minimum bulk requirements shall be adjusted as follows:
(iv)
Minimum required site area shall be two (2) acres;
(v)
Minimum required site width shall be two hundred (200) feet;
(vi)
Minimum required side yard shall be thirty (30) feet.
(c)
In the "MH" Industrial Heavy Zone, more than one principal commercial building or commercial use of land
or some combination thereof may be permitted on a single parcel of land. Where any building or parcel is
used for more than (1) purpose, all of the requirements of this by-law pertaining to each building or use
shall be satisfied. In the event of a conflict between requirements pertaining to each use or building, the
higher or more stringent requirement shall prevail and shall be satisfied.
(d)
Under authority of the applicable provincial Act, where any structure or development is proposed under,
below or at ground level within the controlled areas of the provincial highway system, permits must be
obtained from the provincial authority having jurisdiction.
(e)
The minimum required front yard for accessory buildings and structures shall be the same as the minimum
required front yard for the principal building on the same site.
(f)
Where a side or rear yard of a site in the "MH" Industrial Heavy Zone abuts the boundary of another zone,
the yard requirements shall be increased by 50 percent.
(g)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated equipment such
as poles, transformers and switching boxes including Manitoba Hydro Substations and similar infrastructure
since all of this apparatus may require only very small parcels or none at all (easements). This does not
apply, however, to offices, equipment or vehicle storage, parking or workshops, where and if these uses
are permitted or approved.
(h)
Where a proposed development involves the construction of "water control works" or "drainage works" as
identified under the Water Rights Act, it shall be the responsibility of the proponent to contact the provincial
authority having jurisdiction to obtain any required licenses or approvals prior to the commencement of
development.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 86
(i)
All required yards specified for any use shall be located on the same site as the use, and shall be maintained
as open space except as provided elsewhere in this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 87
3.18
The "OR" Open Space / Recreation Zoning District
is hereby established in this by-law and is intended to provide areas in urban settlement centres for uses
such as public parks and recreational areas and facilities, natural areas for the conservation of undeveloped
scenic or hazard lands, utilization of lands for buffering between potentially incompatible land uses and
utility rights-of-way that have an open space character.
3.18.1 "OR" Open Space / Recreation Zoning District Accessory Uses, Buildings and Structures
Permitted Accessory Uses, Buildings and Structures
(a)
Accessory buildings or structures
Required for the operation or maintenance of any institutional, recreational or other use
which is permitted or conditional in the zone;
(b)
Antennas, including satellite dish antennas
(c)
Walls, decks, patios, gazebos, statuary, flagpoles
and similar features
Conditional Accessory Uses, Buildings and Structures
Prohibited Accessory Uses Buildings and Structures
i)
Accessory Shipping Containers
Accessory shipping containers as defined in PART 6 of this by-law are prohibited in the "OR" Open
Space / Recreation Zone.
NOTE: For information related to projections into required yards, on-site parking and loading and fencing,
refer to PART 2 of this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 88
TABLE 3.14: USE & SITE REQUIREMENTS:
"OR" OPEN SPACE / RECREATION ZONE
MINIMUM REQUIREMENTS (a) (b) (d) (g)
SITE SIZE
REQUIRED YARDS
Area
(sq./ft.)
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear Yard
(feet)
PERMITTED USES
Arenas, Curling or Ice Skating
30,000 sq ft
100
25
15
15
Athletic Fields
30,000 sq ft
100
25
15
15
Auditoriums, Grandstands and similar Assembly
Facilities
30,000 sq ft
100
25
15
15
Camping and Tenting Grounds
40,000 (b)
150
25
15
25
Communications Facilities
10,000
75
25
15
15
Community Halls and Clubs
20,000
100
25
15
25
Exhibition Grounds
30,000 sq ft
100
25
15
15
Golf Courses and Driving Ranges
50 acres
575
25
15
15
Parks and Playgrounds, tot Lots or Buffer Strips
5,000
50
25
15
25
Public Utilities (c)
5,000
50
25
15
25
Recreational Facilities, including Tennis Courts,
Hiking Trails and Swimming Pools
15,000
100
25
15
15
Schools (Public or Private)
1 acre
200
25
15
25
CONDITIONAL USES
Cemeteries
30,000 sq ft
100
15
15
15
Place of Worship, including Place of Worship,
including Churches, Temples, Church Halls and
Church Educational Facilities, Temples, Church
Halls and Church Educational Facilities
15,000
100
25
15
15
Water Treatment Plants and Reservoirs
ACCESSORY USES, BUILDINGS, STRUCTURES
Accessory uses, Buildings and Structures
(See also PARTS 2 and 4 of this By-law)
-
-
(e)
3
2
NOTES:
1
For information concerning the treatment of lawfully established existing uses, buildings and structures in existence prior to the adoption
of this by-law, please refer to PART 2: General Rules and Regulations Applicable in All Zoning Districts of this by-law.
2
Provisions of PART 2: General Rules and Regulations Applicable in All Zoning Districts and PART 4: Additional Requirements for
Specific Permitted, Conditional and Accessory Uses in Different Zones of this by-law shall also apply in this zone. In the event of a
conflict between the provisions of PART 2 or PART 4 and the use and site requirements of this table, the highest or most restrictive
requirement shall prevail and shall be satisfied.
Footnotes for Table 3.14: 'OR' Open Space / Recreation Zone:
(a)
(i)
The maximum allowable height for all buildings and structures shall be 30 feet (two stories) except
for architectural components of permitted or conditionally approved public buildings and
telecommunication towers which are accessory to public buildings.
(b)
Where a proposed use requires wastewater disposal facilities and the site is NOT serviced by a piped
municipal sewer system or a private holding tank approved by the provincial authority having jurisdiction,
the minimum bulk requirements shall be adjusted as follows:
Hamiota Municipal Zoning By-law No. 2019-04
Page | 89
(vii)
Minimum required site area shall be two (2) acres;
(viii)
Minimum required site width shall be two hundred (200) feet;
(ix)
Minimum required side yard shall be thirty (30) feet.
(c)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated equipment such
as poles, transformers and switching boxes including Manitoba Hydro Substations and similar infrastructure
since all of this apparatus may require only very small parcels or none at all (easements). This does not
apply, however, to offices, equipment or vehicle storage, parking or workshops, where and if these uses
are permitted or approved.
(d)
Where a site abuts a highway under provincial jurisdiction, the owner shall obtain all permits required for
setbacks of buildings and structures from the provincial authority having jurisdiction.
(e)
For all accessory buildings or structures, the required front shall be the same as the required front yard for
the principal building or structure.
(f)
The owner shall maintain the minimum site area, site width, required yards and other requirements
specified herein for any use. Furthermore, the minimum requirements allocated to a use as specified by
this By-law shall not by virtue of change of ownership, or for any other reason, be used to satisfy the
requirements for any other use.
(g)
All required yards specified for any use shall be located on the same site as the use, and shall be maintained
as open space except as provided elsewhere in this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 90
PART 4: Additional Requirements for Specific Permitted, Conditional
and Accessory Uses in Different Zones
Regardless of whether a use is allowed as a permitted use or a conditional use, and regardless of the zoning district
in which the use is located, the following standards for specific uses must be met, except as otherwise provided in
this by-law or by a conditional use or variance order:
4.1
Hazardous Materials Storage
No commercial chemical warehouse, inland grain terminal, bulk fuel or fertilizer storage or anhydrous
ammonia storage container shall be located within:
(a)
350 feet of any public roadway
(b)
1,000 feet of a building used for human occupation excepting the operator;
(c)
2,640 feet of any of the following:
i)
The limits of any urban settlement centre;
ii)
Any "GD" - General Development Zone;
iii)
Any "RR" - Rural Residential Zone;
unless a reduced mutual separation distance is recommended by the provincial authority
having jurisdiction and Council approves a variation.
4.2
Standards for Two-Unit Dwellings
In those zoning districts where a two-unit dwelling may be allowed, it shall have no required interior side
yard between the two dwelling units where they share a common party wall which is located on the
boundary between each dwelling unit that is located on their own zoning site.
4.3
Standards for Multi-Unit Dwellings
In those zoning districts where a multi-unit dwelling may be allowed, it shall:
i.
only be located above the first storey of the building in the CC zones;
ii.
have no required interior side yard between the dwelling units where they share a common party
wall which is located on the boundary between each dwelling unit that is located on their own
zoning site.
4.4
Standards for Bed and Breakfast Operations
A bed and breakfast shall only be allowed on a site in a zoning district where a "home-based business" may
be allowed if it meets all of the following requirements:
i.
the operator must reside within the principal residence to which the bed and breakfast is an
accessory use;
ii.
no more than [eight] patrons shall be accommodated within one dwelling;
iii.
no more than five bedrooms shall be used for the bed and breakfast operation
iv.
one additional on-site parking spot shall be provided for each bedroom that is used for the bed
and breakfast operation;
Hamiota Municipal Zoning By-law No. 2019-04
Page | 91
v.
signs shall follow the regulations for home-based businesses in the zone in which the bed and
breakfast is located.
4.5
Standards for Home Based Business Activities
In the Municipality, a "home industry" and "home occupation" are two distinct types of home based
business activities which are recognized as legitimate accessory uses in certain zoning districts. Each of
these two distinct types of home based business activities shall be governed by the following rules:
a)
Home Industry
May be allowed as a conditionally approved accessory use in all urban and rural residential zone(s)
(except the "RMMP" Residential Serviced Mobile/Modular Home Park Zone), including the "GD"
General Development, "RR2 - Rural Residential, "RR5" - Rural Estate Residential and all agricultural
zone(s) and shall be subject to the following additional rules:
i)
A home industry shall be principally conducted by the members of the dwelling residing
in the dwelling located on the same site as the proposed home industry and any other
persons employed or otherwise engaged in the home industry who do not reside in said
dwelling may not exceed:
a)
Two (2) employees in the "RS", "RSM" zones, "GD" - General Development,
"RR2" - Rural Residential and "RR5" - Rural Estate Residential zones.
ii)
A home industry shall not generate undue traffic or congestion, adversely affect the amenity
and convenience of the neighbourhood, or create a nuisance.
iii)
A home industry shall not unduly interfere with the general enjoyment of adjacent property.
iv)
One business sign, either freestanding or affixed to the wall of the principal or accessory
building in which the home industry is carried out shall be allowed and shall have a
maximum sign surface area as follows:
a)
In all agricultural zones - 32 square feet
b)
In all other zones where home based business as allowed as permitted
accessory uses - 16 square feet.
v)
Where a home industry is proposed adjacent to a provincial trunk highway and will be
utilizing an existing access onto the provincial trunk highway, the proponent will be
responsible for obtaining a required change in access use permit (i.e. joint use permit)
from the provincial authority having jurisdiction.
vi)
It shall be the responsibility of the proponent proposing to establish or expand a home
industry to investigate the need to obtain a development permit and/or building permit
from the Mid-West Planning District prior to the commencement of the development.
b)
Home Occupation
Shall be allowed as a permitted accessory use in all urban and rural residential zones, "GD" General
Development, "RR2" Rural Residential, "RR5" Rural Estate Residential and all agricultural zone(s) and
will be subject to the following additional rules:
i)
A home occupation shall be principally conducted by the members of the dwelling
residing in the dwelling located on the same site as the proposed home occupation and
any other persons employed or otherwise engaged in the home occupation who do not
reside in said dwelling may not exceed:
Hamiota Municipal Zoning By-law No. 2019-04
Page | 92
a)
Two (2) employees in the all urban and rural residential zones and "GD" General
Development Zone and all agricultural zone(s);
ii)
A home occupation shall not by reason of emission of odor, dust, smoke, noise, gas,
fumes, cinders, light, vibration, refuse matter or water carried wastes become offensive
or obnoxious or create a nuisance at or beyond any site line;
iii)
There shall be no exterior display, no exterior storage of materials, and no other exterior
indication of the home occupation or variation of the residential character of the principal
or accessory building except as otherwise provided for herein;
iv)
A home occupation shall not cause the generation of undue traffic and congestion in the
neighborhood;
v)
A home occupation shall be carried on entirely within the dwelling unit or within an
accessory building located on the same site as the principal building to which it is
accessory;
vi)
Not more than six hundred (600) square feet of floor area shall be devoted to a home
occupation in any dwelling unit or its accessory buildings located on the same site as the
principal building thereto, or thirty percent (30%) of the total floor area of the dwelling,
whichever is the lesser;
(a)
Notwithstanding the maximum floor area limitations outlined in clause (vii)
above, in the case of a home occupation involving the establishment or
expansion of a bed and breakfast or boarding or lodging use or building, a
maximum of four (4) suites per site shall be allowed;
vii)
One business sign, either freestanding or affixed to the wall of the principal or accessory
building in which the home occupation is carried out shall be allowed and shall have a
maximum sign surface area as follows:
a) In all agricultural zones - 32 square feet
b)
In all other zones where home based business as allowed as permitted accessory
uses - 16 square feet.
viii)
Where a home occupation is proposed adjacent to a provincial trunk highway and will be
utilizing an existing access onto the provincial trunk highway, the proponent will be
responsible for obtaining a required change in access use permit (i.e. joint use permit)
from the Provincial authority having jurisdiction.
ix)
It shall be the responsibility of the proponent proposing to establish or expand a home
occupation to investigate the need to obtain a Development Permit and/or Building
Permit from the Mid-West Planning District prior to the commencement of the
development.
4.6
Standards for Keeping Small Amounts of Livestock for Personal Use (Excluding Livestock Operations)
Where small amounts of livestock for personal use and enjoyment are kept, sheltered, bred, raised or sold
on small farm and non-farm residential parcels, all of the following requirements must be met in all cases.
The maximum amount of non-commercial livestock kept for personal use and enjoyment on a farm or non-
farm residential parcel shall not exceed 9 animal units (AU), cumulative across species or as may be further
restricted in selected zoning districts in this By-law; and
Hamiota Municipal Zoning By-law No. 2019-04
Page | 93
i.
a maximum of one animal unit (cumulative across species) may be allowed for every 8,094 square
meters (two acres) of site area;
ii.
the keeping of livestock must adhere to all other local, provincial and federal health and agriculture
regulations in addition to the standards in this by-law;
iii.
any ground-level structure intended for the keeping of animals must maintain a minimum setback
of 4.5 meters (15 feet) from any site line;
iv.
animal feed must be properly stored in enclosed vessels, and areas or enclosures intended for the
keeping of animals must be properly cleaned and maintained to prevent odours from spreading
onto abutting properties.
v.
All manure storage facilities on the site shall not be located in the front yard and shall be setback
a minimum of 50 ft. from all other property lines of the parcel on which it is located
4.7
Standards for Campgrounds and RV Parks
In those zoning districts where a campground or recreational vehicle (RV) park may be developed, it must
meet the following standards:
i.
more than one camping space or recreational vehicle (RV) space shall be allowed on a zoning site
in a campground RV park;
ii.
a campground or RV park must provide an all-weather roadway that serves all sites with a driving
surface a minimum of six (6) meters (20 feet) wide;
iii.
a campground or RV park must provide storage of refuse in a sanitary manner at locations not
more than 150 meters (500 feet) from all camping spaces and recreation vehicle (RV) spaces in the
campground and/or RV park.;
iv.
a campground or RV park must provide clear numbered identification of each camping/RV space;
v.
a campground or RV park must provide a centrally located recreation area equivalent to a
minimum area of 20 square meters 215 square feet per camping/RV space .
4.8
Standards for Livestock Operations - General Provisions
The provisions of this section of PART 4 of this By-law shall apply to the establishment or expansion of
livestock operations throughout the "AG" Agriculture General Zone and "AR" Agriculture-Restricted Zone
in the Municipality.
4.8.1
All newly siting or expanding livestock operations being proposed in Hamiota Municipality, which are 300
animal units (AU) or larger in size (cumulative across species) in the "AG" zone and 200 animal units (AU)
in the "AR" Zone shall be subject to the conditional use approval process as detailed in in PART 5 of this By-
law.
4.8.2
All existing lawfully established livestock operations which have a capacity of 300 or more animal units
(cumulative across species), in the "AG" and "AR" zones are deemed to be a legal conditionally approved
use, and may be replaced if they are removed or destroyed, subject to the issuance of a development
permit. Where such existing operations are proposed to be enlarged or expanded, the enlargement or
Hamiota Municipal Zoning By-law No. 2019-04
Page | 94
expansion shall be subject to the conditional use process as specified elsewhere in this By-law. If a
conditional use permit and any required variations are approved by Council, the proponent will be required
to obtain a development permit from the Mid-West Planning District prior to the commencement of
construction.
4.8.3
In both the "AG" and "AR" zones a conditional use order or variation of a requirement for siting and
development of a livestock operation or for a farm or non-farm site or a designated area, approved under
any previous zoning by-law will continue to be in full force and effect.
4.8.4
All existing livestock operations in the "AG" and AR" zones, single residences (not associated with a
livestock operation) and designated areas that do not meet the 1) TABLE 4.2: MINIMUM SETBACK
DISTANCES FROM PROPERTY LINES requirements and/or 2) TABLE 4.3: MINIMUM SEPARATION
DISTANCES FOR SITING LIVESTOCK OPERATIONS as set forth in PART 4 of this By-law, shall be deemed to
possess a variation order for their current setback and separation distances as they existed on the date of
adoption of this By-law.
4.8.5
For newly siting or expanding livestock operation located in the "AG" and "AR" zones, requirements for
measuring the minimum separation distances for siting livestock operations as provided for in Table 4.3 of
PART 4 of this By-law, shall be measured from the closest point of the feedlot, animal housing or manure
storage facility (whichever is closer) to the adjacent single residence and/or designated area, as
circumstances so require.
4.8.6
In both the "AG" and AR" zones, all newly siting or expanding livestock operations shall have access to
(either by direct ownership or lease) and use of sufficient lands to accept the application of all of the
livestock manure generated by the operation in a sustainable manner on an annual basis in accordance with
the provisions of the Livestock, Manure & Mortalities Management Regulation 42/98, as amended and
the Nutrient Management Regulation 62/2008, as amended.
4.8.7
In the "AG" and AR Zones, all newly siting or expanding livestock operations that are 300 animal units or
greater in size (not cumulative across species) are required to file an annual manure management plan with
the provincial authority having jurisdiction and may be required to provide a copy of the plan to the
Municipality at the request of Council.
4.8.8
In the "AG" and "AR" zones, all newly siting or expanding livestock operations should not be located in a
natural hazard area subject to flooding, inadequate drainage, erosion or a recurring high water table as
determined by the provincial authority having jurisdiction and all such facilities must be designed in
accordance with the requirements of the Livestock Manure & Mortalities Management Regulation 42/98,
as amended.
4.8.9
In the "AG" and "AR" zones, all newly siting or expanding livestock operations should not be located on
soils determined by detailed soil survey acceptable to the Province, with a scale of 1:50,000 or better, to
have an agricultural capability of Class 6 or 7, or unimproved organic soils as described under the Canada
Land Inventory. If detailed soil survey information is not available for the area where a newly siting or
expanding livestock operation is being proposed, the applicant may be required to provide a detailed soils
survey for the site at a scale of 1:50,000 or better. Where a proponent is required to provide this detained
soils information, it may be possible to demonstrate that the soils are not Class 6, 7 or unimproved organic
soils and may be able to support a livestock operation.
4.8.10 In the "AG" and "AR" zones, all newly siting or expanding livestock operations that are 300 animal units or
greater in size (cumulative across species) will be subject to a provincial Technical Review Report which will
be completed and provided to Council in accordance with the requirements of the Planning Act, as may be
amended from time to time.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 95
4.8.11 For the purposes of determining the size of a given livestock operation, the system of "animal units" as
adopted by regulation by the Province of Manitoba shall be used. The conversion factors for animal units
(AU's) are provided for general reference in TABLE 4.1: ANIMAL UNIT CONVERSION FACTORS of this PART
(below), and may be altered from time to time by provincial authority having jurisdiction, without requiring
an amendment to this By-law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 96
TABLE 4.1: ANIMAL UNIT CONVERSION FACTORS
Animal
Type
A.U. Produced by
One Livestock
Livestock
Producing One
A.U.
Dairy
Milking Cows, including associated livestock
2.000
0.5
Beef
Beef Cows, including associated livestock
Backgrounder
Summer pasture/replacement heifers
Feeder cattle
1.250
0.500
0.625
0.769
0.8
2
1.6
1.3
Hogs
Sows, farrow to finish
Sows, farrow to weanling
Sows, farrow to nursery
Weanlings
Growers/finishers
Boars (artificial insemination operations)
1.250
0.250
0.313
0.033
0.143
0.200
0.8
4.0
3.2
30
7
5
Chickens
Broilers
Roasters
Layers
Pullets
Broiler Breeder Pullets
Broiler Breeder Hens
0.0050
0.0100
0.0083
0.0033
0.0033
0.0100
200
100
120
300
300
100
Turkeys
Broilers
Heavy Toms
Heavy Hens
0.010
0.020
0.010
100
50
100
Horses
Mares, including associated livestock
1.333
0.75
Sheep
Ewes, including associated livestock
Feeder Lambs
0.200
0.063
5
16
The calculation of animal units for a species of livestock not mentioned in this Table is to be determined by officials
at Manitoba Agriculture.
Note:
To calculate the number of animal units (AU) of a particular species, multiply the AU produced by one
livestock by the number of animals. For example, for 200 animal beef cows including associated livestock
equals 1.25 x 200 = 250 AUs.
4.9
Standards for Livestock Operation Development in the "AG" Agriculture General Zone and "AR"
Agriculture-Restricted Zone
In addition to satisfying the requirements of PART 4, Section 4.8 of this by-law which identifies general
requirements applicable to newly siting or expanding livestock operations in all agricultural zones in
Hamiota Municipality, the following additional requirements shall apply to newly siting or expanding
livestock operations located in areas which are zoned "AG" and "AR" on MAP 1 of Schedule "A" of this By-
law.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 97
4.9.1
Any proposal to establish or expand a livestock operation or part thereof including a feedlot, animal housing
facility or manure storage facility with a capacity between 10 to 299 Animal Units (cumulative across
species) shall be allowed as a permitted use in the "AG" Agriculture General Zone providing it is developed
in conformance with the requirements of the Planning Act and all of the other provisions of this By-law.
4.9.2
Any proposal to establish or expand a livestock operation or part thereof including a feedlot, animal housing
facility or manure storage facility with a capacity between 10 to 199 Animal Units (cumulative across
species) shall be allowed as a permitted use in the "AR" Agriculture-Restricted Zone providing it is
developed in conformance with the requirements of the Planning Act and all of the other provisions of this
By-law
4.9.3
Any proposal to establish or expand a livestock operation or part thereof (including a feedlot, animal
housing facility or manure storage facility) with a capacity 300 Animal Units or more (cumulative across
species) located in the "AG" Agriculture General Zone shall be deemed to be a conditional use and shall
be developed in accordance with requirements of The Planning Act and all other provisions of this by-law
including the provisions of PART 5 of this By-law which in part deals with applications for development
permits, conditional uses and variances.
4.9.4
Any proposal to establish or expand a livestock operation or part thereof (including a feedlot, animal
housing facility or manure storage facility) with a capacity 200 Animal Units or more (cumulative across
species) located in the "AR" Agriculture-Restricted Zone shall be deemed to be a conditional use and shall
be developed in accordance with requirements of The Planning Act and all other provisions of this by-law
including the provisions of PART 5 of this By-law which in part deals with applications for development
permits, conditional uses and variances.
4.9.5
No newly siting or expanding livestock operation or part thereof in either the "AG" and/or "AR" zones shall
be established or expanded within a distance of 100 meters (328) feet of the ordinary high water mark of
any surface watercourse, sinkhole, spring or well.
4.9.6
The minimum setback distances identified in TABLE 4.2 of this PART shall apply to the establishment or
expansion of any livestock operation or part thereof in the "AG" and AR" zones in relation to the property
lines of a given livestock operation.
TABLE 4.2: MINIMUM SETBACK DISTANCES FROM PROPERTY LINES
Type of Livestock Facility
Minimum Setback Distance from
any Property Boundary in Meters
(Feet)
Manure Storage Facilities
100 (328)
Animal Confinement Facilities
50 (164)
NOTE: Where a parcel of land containing a livestock operation is being subdivided, all newly created
parcels shall be of such a size and configuration so as to maintain a minimum 100 meter (328 feet)
separation between any existing or proposed livestock confinement areas and manure storage facilities
and all newly created property lines.
4.9.7
The requirements of TABLE 4-3: MINIMUM SEPARATION DISTANCES FOR SITING LIVESTOCK OPERATIONS
of this PART have been developed in accordance with and are generally consistent with the policies of the
Mid-West Planning District Development Plan but may be varied by Council on a case by case basis.
i)
The requirements of TABLE 4-3: MINIMUM SEPARATION DISTANCES FOR SITING LIVESTOCK
OPERATIONS of this PART shall apply to the establishment or expansion of any livestock operation
or part thereof in the "AG" Agriculture General Zone and/or "AR" Agriculture-Restricted Zone
and shall mutually apply to the establishment or expansion of a designated "General Development
Hamiota Municipal Zoning By-law No. 2019-04
Page | 98
Area", "Rural Residential Area" or "Seasonal Recreation Area" and to any newly siting farm or non-
farm residence in the "AG" and/or "AR" zones in the Municipality, excluding residence(s) located
on the same site and associated with a given livestock operation.
TABLE 4.3: MINIMUM SEPARATION DISTANCES FOR SITING LIVESTOCK OPERATIONS
Size of
Livestock
Operation in
Animal Units
(AU)
Separation Distance in Meters (Feet)
From a "Single Residence" (*)
Separation Distance in Meters (Feet) From
a "Designated Area" (**)
To a Feedlot
and/or an Earthen
Manure Storage
Facility
To an Animal
Confinement Facility
or Non-Earthen
Manure Storage
Facility
To a Feedlot
and/or an Earthen
Manure Storage
Facility
To an Animal
Confinement Facility
or Non-Earthen
Manure Storage
Facility
10-100
400
(1,312)
200
(656)
800
(2,625)
805
(2,641)
101-200
600
(1,968)
300
(984)
1200
(3,937)
805
(2,641)
201-300
800
(2,624)
400
(1,312)
1600
(5,249)
1207
(3,960)
301-400
900
(2,952)
450
(1,476)
1800
(5,906)
1207
(3,960)
401-800
1000
(3,280)
500
(1,640)
2000
(6,561)
1609
(5,280)
801-1,600
1200
(3,936)
600
(1,968)
2400
(7,874)
2011
(6,600)
1,601-3,200
1400
(4,594)
700
(2,296)
2800
(9,186)
2011
(6,600)
3,201-6,400
1600
(5,250)
800
(2,624)
3200
(10,499)
2132
(6,998)
6,401-12,800
1800
(5,906)
900
(2,952)
3600
(11,811)
2400
(7,874)
>12,800
2000
(6,562)
1000
(3,280)
4000
(13,123)
2670
(8,760)
NOTE:
(*)
A "Single Residence" does not include the residence of the owner and/or operator when the dwelling(s) are
located on the same parcel as the livestock operation.
(**)
A "Designated Area" means the following:
i)
Any area in the Municipality designated as an "Urban Settlement Centre" or "Rural Settlement
Centre" in the Mid-West Planning District Development Plan,
ii)
Any area in the Municipality designated as a "Rural Residential Area" in the Mid-West Planning
District Development Plan,
iii)
Any area in the Municipality designated as a "Seasonal Recreation Area" in the Mid-West Planning
District Development Plan.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 99
PART 5: Administration and Enforcement
This by-law shall be administered in accordance with the provisions of The Planning Act and this PART.
5.1
Administration and Enforcement
In the administration and enforcement of this by-law, staff from the Municipality and the Mid-West
Planning District shall have all of the powers of inspection, remedy and enforcement provided under PART
12 of The Planning Act.
5.2
The Development Officer / Building Official Position and Authority
The position of the Development Officer / Building Official is hereby established. The person(s) appointed
as Development Officer / Building Official by the Board of the Mid-West Planning District shall be a
designated officer for the administration and enforcement of this by-law as provided for under The Planning
Act.
5.3
Role and Responsibilities of the Development Officer / Building Official
The Development Officer / Building Official shall have the authority to:
a)
issue Development Permits and Building Permits (where required) and exercise the powers of
administration, inspection, remedy and enforcement as provided for under authority of The
Planning Act.
b)
refuse to issue a Development Permit and where required, a Building Permit where:
i)
the required Permit application(s), or any information accompanying said Permit
application(s), is incorrect or incomplete;
ii)
the proposed building, structure or use does not, to the development officer's knowledge,
comply with this zoning bylaw, the municipality's building by-law or with any other
applicable federal and/or provincial law and/or regulation;
c)
revoke a Development Permit and/or Building Permit where the Permit(s) were issued in error.
d)
make a minor variance order, without the need for a public hearing, for any proposed change that
varies:
i)
any height, distance, area, size or intensity of use requirement in the zoning by-law by no
more than 15 per cent;
ii)
the number of parking spaces required by the zoning bylaw by no more than 10 per cent.
5.4
When Development Permits Are Required
1.
In the case of proposed development that involves the construction or expansion of a public or
semi-public water supply system, the proponent shall be required to contact the Office of Drinking
Water for information concerning licensing and approvals that must be obtained prior to the
commencement of construction.
2.
Before developing a self-supplied water source (e.g. a well), the proponent shall be required to
contact Manitoba Conservation and Water Stewardship's Water Use Licensing Section for
information concerning licensing, permits or approvals that may be necessary prior to the
commencement of construction.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 100
3.
Subject to Section 5.5 of this PART (below), the repair, rehabilitation, renovation, construction,
erection, removal or relocation, enlargement, addition, extension, conversion, improvement or
structural alteration or placing of a building or structure or any part thereof (including mechanical
systems) and/or replacement of building components and underpinnings or excavation of land for
the purpose of erecting a building or structure requires a Development Permit and Building Permit
(where required) including those activities set out below, except as otherwise provided for in this
by-law:
a)
the erection, construction, enlargement, structural alteration or placing of a building or
structure, either permanent or temporary;
b)
the establishment of a use of land or a building or structure;
c)
the change of a use of land or a building or structure from the existing use to a use which
is not a permitted use;
d)
the alteration or enlargement of an approved conditional use except where specifically
exempt elsewhere in this by-law.
5.5
When Development Permits Are Not Required
1.
A Development Permit is not required for the following:
a) agricultural cropping of land;
b) incidental non-structural alterations;
c) patching, painting or decorating;
d) replacement of stucco, siding or shingles with the same material;
e) replacement of doors or windows when the opening is not altered;
f)
replacement of open landings and stairs up to 50 sq./ft. in size and not exceeding 24 inches in
height above finished grade;
g)
open patios less than 8 inches above finished grade;
h) installation of cabinets and shelves;
i)
a detached accessory storage building not exceeding one hundred and eight (108) square feet
in floor area;
j)
garden houses tool sheds and children's playhouses not exceeding one hundred and eight
(108) square feet in floor area;
k) non-structural alterations or repairs to buildings or structures where the value of the work is
less than five thousand dollars ($5,000.00);
l)
replacement of or minor changes to the capacity of pipes, ducts or conduits;
m) the maintenance or restoration of building components, including re-painting and similar
operations;
Hamiota Municipal Zoning By-law No. 2019-04
Page | 101
n) the installation of sidewalks, exterior steps, trees, hedges, shrubs, planters, fountains, flag
poles, trellises, lighting and similar landscaping features that are developed in accordance with
the provisions of this by-law;
o) private communications aerials and antennas;
p) private sewage disposal systems;
q) the erection of certain accessory signs as provided for in PART 2 of this By-law.
2.
Despite not requiring a Development Permit, all items in this section shall be subject to all other
requirements of this by-law and all other applicable by-laws of the Municipality.
5.6
Other Required Permits
The issuance of a Development Permit in respect of the development of building, structure or use does not
affect the obligation of the development proponent to obtain a Building Permit (where required) or any
other permit or approval where required under the municipal building by-law or other municipal by-law,
applicable federal and provincial law(s) and/or regulations, for such a building, structure or use.
5.7
Applications for Development Permit
An application for a Development Permit and/or Building Permit shall:
a)
be made by the owner or owners of the parcel in question, or by a person authorized in writing by
them;
b)
be accompanied by plans drawn to scale showing the following:
i)
the shape and dimensions of the parcel to be used or built on;
ii)
the location (relative to property lines) and dimensions of existing buildings and
structures;
iii)
the location (relative to property lines) and dimensions of any proposed building,
structure, enlargement or alteration;
iv)
the number of existing and proposed dwelling units being proposed (where applicable);
v)
the use or uses of each existing and proposed building and structure, user of the land, and
the area to be occupied by each use;
vi)
location of existing and/or proposed vehicular access, utility connections, parking areas,
loading areas, and signage (where applicable);
vii)
the type and location of all existing and/or proposed water supply systems and
wastewater management systems and their distances from property lines and existing
and proposed habitable buildings.
viii)
any other information as may be required by the Development Officer/Building Official to
determine compliance with, and to provide for enforcement of, this by-law including but
not limited to Certificate(s) of Title and instruments registered thereon including
easement agreements and caveats, a surveyor's Certificate and/or Building Location
Certificate prepared by a Manitoba Land Surveyor;
ix)
an application for approval of a development permit and/or a conditional use or variation
(where required) for a newly siting or expanding livestock operation shall be accompanied
by a site plan showing the following information:
Hamiota Municipal Zoning By-law No. 2019-04
Page | 102
a)
the size and location of all existing and proposed feedlots animal housing and
manure storage facilities (including information regarding the maximum number of
animals of each species forming part of the existing and/or newly siting or
expanding livestock operation); and
b)
distances to property boundaries from those facilities identified in i) (above); and
c)
existing and proposed drainage features in the vicinity of these facilities including
any manure runoff collection basins; and
d)
the proposed water supply system for the operation, and the location of any nearby
drinking water sources or infrastructure, such as wells, reservoirs and rural
pipelines; and
e)
written information describing the type(s) and number of livestock of each species
to be confined and estimated distances to the nearest two (2) dwellings not
associated with the livestock operation; and
f)
written information concerning any proposed fencing, landscaping, shelterbelts,
measures to reduce odours and off site use and maintenance of roads (haul routes).
x)
shall be accompanied by the fee(s) prescribed by the Municipality and/or the Mid-West
Planning District.
xi)
No person shall use or occupy any land, building or structure, or erect, construct, enlarge,
alter or place any building or structure, except in accordance with an approved
Development Permit and Building Permit (where required), and with this by-law.
5.8
Applications for Building Permit
a)
Shall be made by the owner(s) of the parcel in question, or by a person authorized in writing by
them
b)
Shall be accompanied by plans and specifications as prescribed in the member municipality's
building by-law and as prescribed in the Manitoba Building Code.
c)
Any other information as required by the Building Official having jurisdiction.
5.9
Entry for Inspection and Other Purposes
a)
The Development Officer / Building Official may, after giving reasonable notice to the owner or
occupier of land or a building or other structure to be entered, and displaying or producing on
request identification showing his or her official capacity:
i)
enter the land, building or structure at any reasonable time for the purpose of inspection,
enforcement and or action authorized by this by-law;
ii)
request that anything be produced to assist in inspection, remedy, enforcement or
authorized action; and
iii)
make copies of anything related to the inspection, remedy, enforcement or authorized
action.
b)
In an emergency or in extraordinary circumstances, the Development Officer / Building Official
need not give reasonable notice or enter at a reasonable time and may do the things referred to
in section 5.9 of this PART without the consent of the owner or occupant.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 103
5.10
Order to Remedy Contravention
a)
If the Development Officer / Building Official finds that a person is contravening this by-law or The
Planning Act, the development officer may by written order require the person responsible for the
contravention to remedy it if, in the opinion of the development officer, the circumstances so
require.
b)
The order may:
i)
direct a person to stop, or alter activities as applicable;
ii)
direct a person to take any action necessary to remedy the contravention, including the
removal or demolition of a building or structure that has been constructed, erected or
placed in contravention, and if necessary, take appropriate steps to prevent a recurrence
of the contravention;
iii)
state a time within which the person must comply with the directions; and
iv)
state that if the person does not comply with the stated directions, the municipality will
take the action or measure at the expense of the person.
5.11
Review by the Board (Appeal of Board Orders)
a)
A person who receives an order under section 5.10 of this PART may request the Board of the Mid-
West Planning District to review the order, by written notice given within 14 days after the date
the order is received.
b)
After giving the person a reasonable opportunity to be heard, the Board of the Mid-West Planning
District may confirm, vary, substitute or cancel the order or decision.
5.12
Application for Zoning By-law Amendments, Variances and Conditional Uses
An application for a variance, or conditional use, or an amendment to this by-law must be made in writing
to the Development Officer / Building Official by the owner or owners of the land in question, or by a person
authorized in writing by them in the proper form and must be accompanied by the fee prescribed by Council
or the Mid-West Planning District Board. The application must also be accompanied by:
a)
plans drawn to scale showing the shape and dimensions of the affected property;
b)
plans drawn to scale showing the location (relative to property lines) and dimensions of existing
buildings and structures;
c)
plans drawn to scale showing the location (relative to property lines) and dimensions of the
proposed building, structure, enlargement or alteration;
d)
a description of the use or uses of each existing and proposed building or structure, or of the land
and the area to be occupied by each use;
e)
a description of the reason why the variance, conditional use, or amendment to this by-law is being
requested;
f)
any other information required by the Development Officer / Building Official to determine
compliance with, and to provide for enforcement of, this by-law.
5.13
Development Agreements
i)
In accordance with Section 150 of The Planning Act, where an application is made for a variance
order, conditional use or an amendment of this zoning by-law, Council may require the owner or
the person entitled to be registered as owner of the land, building, or structure to which the
amendment will apply, as a condition of its enactment, to enter into a development agreement
Hamiota Municipal Zoning By-law No. 2019-04
Page | 104
with the Municipality in respect of that land as well as contiguous land owned or leased by the
applicant.
ii)
Where an application is made for the subdivision of land, Council may require the owner or the
person entitled to be registered as owner of the land to enter into a development agreement with
Hamiota Municipality, in accordance with Section 135 of The Planning Act.
iii)
A Development Agreement may contain provisions with respect to the responsibilities for the
provision of various services and other improvements, such as water and sewer piping, lot grading
and drainage, street construction, and other matters as provided for in The Planning Act.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 105
PART 6: Definitions
6.1
Definitions in The Planning Act
Terms not defined in this bylaw which are defined in The Planning Act have the meaning provided in that
Act as follows:
Building includes a well, pipe line, conduit, cut, excavation, fill, transmission line and any structure or erection, and
any part of any of those things, and also includes an addition to or extension of any building or any of those things
and a chattel that is attached to, or installed in or on, any building or any of those things.
Conditional Use means a use of land or a building that may be permitted under a zoning by-law.
Construction includes
(a)
excavating, removing, filling and backfilling for the purpose of preparing or maintaining a site in respect of
a building or a proposed building;
(b)
erecting, extending, enlarging, placing, removing, locating and demolishing a building;
(c)
altering, renovating and reconstructing a building;
(d)
moving a building from one site to another; and
(e)
underpinning the foundation of a building.
Development means
(a)
the construction of a building on, over or under land;
(b)
a change in the use or intensity of use of a building or land;
(c)
the removal of soil or vegetation from land; and
(d)
the deposit or stockpiling of soil or material on land and the excavation of land.
Livestock Operation means a permanent or semi-permanent facility or non-grazing area where at least 10 animal
units of livestock are kept or raised either indoors or outdoors, and includes all associated manure collection
facilities, but does not include an auction mart.
Owner, in relation to property, means a person who is the owner of a freehold estate in the property,
and includes
(a)
a person who is an owner with another person as joint tenant or tenant in common of a freehold estate;
(b)
a person who is the registered owner of a unit under The Condominium Act; and
(c)
a real owner, as defined in subsection 1(1) of The Municipal Assessment Act.
Parcel of Land means the aggregate of all land described in any manner in a certificate of title.
Property means land and improvements on land, and includes
(a)
an interest in land or an improvement on land; and
(b)
air, surface and subsurface rights and interests in respect of land.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 106
Sensitive Land" includes
(a)
land that is susceptible to flooding, permafrost, erosion or that has unstable slopes or poor drainage;
(b)
areas of special significance for animal, bird or plant life, including wetlands, forests and nesting areas; and
(c)
land on which any development is likely to harm ecological diversity.
Subdivision means the division of land by an instrument, including
(a)
a plan of subdivision, conveyance, deed, mortgage or grant; or
(b)
an agreement granting or extending a use of or right in land, directly or indirectly or by an entitlement to
renewal, for a period of 21 years or more; but not including a lease respecting only floor space in a building.
6.2
Definitions in this By-law
Notwithstanding other definitions included in this by-law, where the following terms appear in this bylaw,
they have the meaning as set out below:
Accessory means a use, building or structure that is naturally and normally incidental, subordinate in purpose or
area, or both, and exclusively devoted to the principal use, building or structure to which it is accessory, but a use
shown as a conditional use in the Use and Siting Tables cannot be accessory to a use shown as a permitted use for
the same zoning designation.
Accessory Shipping Container means a pre-fabricated structure which is designed for the shipping of goods via land,
sea, rail or road and may include trailer bodies or other similar structures (including motor vehicle bodies) which
have the wheels removed. An accessory shipping container shall naturally and normally be incidental, subordinate
in purpose or area, or both, and shall be located on the same site as the principal use, building or structure to which
it is accessory.
Accessory Tent-like Structure means a pre-manufactured or constructed structure or building that consists of a main
frame covered by a canvas type material. An accessory tent-like structure shall naturally and normally be incidental,
subordinate in purpose or area, or both, and shall be located on the same site as the principal use to which it is
accessory.
Agro-Industrial Business means an establishment that provides goods or services to the agricultural sector, including
(but not limited to) anhydrous ammonia sales, fertilizer sales and service establishments, farm equipment and
machinery repair shops, feed operations, livestock auction marts, and commercial seed cleaning plants.
Alterations, Incidental means changes or replacements in the non-structural parts of a building or structure,
including, but not limited to the following:
(i)
An addition, alteration, removal, reconstruction or replacement on the non-structural exterior of
a residential building
(ii)
An addition, alteration, removal, reconstruction or replacement of any unroofed driveway,
sidewalk, patio or any accessory building floor
(iii)
Alteration of non-load bearing interior partitions in all types of buildings
(iv)
Replacement of, or changes in, the capacity of utility pipes, ducts or conduits
Hamiota Municipal Zoning By-law No. 2019-04
Page | 107
(v)
Replacement and placement of necessary roofing materials, awnings, eaves, overhangs and
related structures, provided the area and height of the roof are not increased
(vi)
The addition and replacement of interior structures such as furnaces, fuel tanks, water heaters,
fireplaces or wood stoves
(vii)
Replacement of exterior building facades
Alterations, Structural means any change, which prolongs the life of the supporting members of a building or
structure, which includes, but is not limited to, bearing walls, columns, beams or girders.
Animal Confinement Facility means a barn or an outdoor area where livestock are confined by fences or other
structures, and includes a seasonal feeding area but does not include a feedlot or grazing area.
Animal Keeping means a use where livestock or other animals (excluding pets) less than 10 animal units (cumulative
across species) are sheltered, bred, raised, or sold. This includes, but is not limited to, stables and kennels.
Animal Unit means the number of animals of a particular category of livestock that will excrete 73 kilograms of total
nitrogen in a 12 month period as defined in the Provincial Planning Regulation - Manitoba Reg. 81/2011, as amended.
Bed and Breakfast Operation means accommodation for transient lodgers in individual rooms or apartments.
Board means the Mid-West Planning District Board.
Building has the meaning provided in The Planning Act, except that it does not include a well, pipeline, excavation,
cut, fill, or transmission line.
Business and Personal Services establishments: means the occupancy or use of a building or part thereof for the
transaction of business or the rendering or receiving of professional or personal services.
Cannabis and Related Terms
Cannabis means cannabis as defined in the Cannabis Act (Canada).
Manufacturing, Indoor provincially licensed cannabis cultivation, processing and packaging facilities and
their related activities refers to a land use undertaken by person(s) and/or a corporate entity who holds a
cannabis distributor licence issued under the Liquor, Gaming and Cannabis Control Act (Manitoba).
Cannabis Retail Establishment means the premises specified in a retail cannabis licence where the retail
sale of cannabis is authorized.
Retail Cannabis Licence means a licence issued under the Liquor, Gaming and Cannabis Control Act
(Manitoba).
Cannabis concentrate means the hashish, cannabinoids, or any alkaloid, salt, derivative, preparation,
compound, or mixture, whether natural or synthesized, of cannabinoids.
Cannabis-infused product means a product infused with cannabis that is intended for use or consumption
other than by smoking, including but not limited to, edible product, ointments and tinctures.
Cannabis Cultivation means the large-scale growing of cannabis plants and harvesting material from those
plants, as well as associated activities including development of nursery stock (seed and seedlings).
Hamiota Municipal Zoning By-law No. 2019-04
Page | 108
Industrial Hemp means the growing of industrial hemp plants (those containing 0.3 per cent THC or less)
and associated activities.
Cannabis Processing means the large-scale manufacturing, packaging and labelling of cannabis products
destined for sale to consumers, and the intra-industry sale of these products, including to
provincially/territorially authorized distributors, as well as associated activities.
Club refers to a building owned or leased by a non-profit corporation or association, the use of which is restricted to
members and their guests.
Council means the Council of Hamiota Municipality.
Crematorium means a facility containing a certified furnace or similar device intended for use in the incineration of
human or animal corpses.
Daycare means the use of premises for the care during the day for more than 8 children not residing on the premises.
(See Regulation 62/86, Definition - full time child care centre)
Development Officer means a person appointed by the Mid-West Planning District Board who is responsible for
those duties as provided for herein.
Drive-Through Facility means a facility designed to provide goods or services to the persons in standing (as opposed
to parked) motor vehicles, including but not limited to a drive-through restaurant or bank.
Dwelling means a building designed for residential occupancy in accordance with the provisions of the Manitoba
Buildings and Mobile Homes Act and includes the following:
(a)
dwelling, Farm - means a single-unit dwelling, mobile home or modular home which is the principal
residence of the owner or operator of a permitted or conditional agricultural activity, and which is located
on the same site or a new site taken from the agricultural activity.
(b)
dwelling, Multi-Unit - means a building containing three (3) or more dwelling units, with each dwelling unit
being designed for and used for the exclusive occupancy of one (1) dwelling;
(c)
dwelling, Single-Unit - means a detached building designed and used for the exclusive occupancy of one
(1) dwelling.
(d)
dwelling, Two-Unit - means a detached or semi-detached building designed and used for two (2) families,
with each dwelling having exclusive occupancy of a dwelling unit.
(e)
Dwelling, Non-Farm - means a single-unit dwelling, mobile home or modular home on a site used for
residential purposes, regardless of the owner's occupation, and found in the "AG" Agricultural General
Zone or "AR" Agriculture-Restricted Zone .
Dwelling unit means one or more habitable rooms in a building designed for one or more persons living as a single
housekeeping unit, with cooking, eating, living, sleeping and sanitary facilities.
Enlargement means an addition to the floor area of an existing building or structure, or an increase in that portion
of land occupied by an existing use.
Farm Building/Structure means a building or structure, other than a dwelling, which does not contain a residential
occupancy, located on a farm and used or to be used in the actual farming operation and which is:
Hamiota Municipal Zoning By-law No. 2019-04
Page | 109
a)
associated with and located on land devoted to the practice of farming and considered to be an
"Agricultural Operation" and
(b)
used essentially for the housing of equipment or livestock, or the production, storage or processing of
agricultural and horticultural produce or feeds, such as barns, produce storage buildings, milking centres,
piggeries, poultry houses, grain bins, silos, machinery sheds, farm workshops, feed preparation centres,
manure storages, greenhouses and garages not attached to a farm residence and
(c)
has a Low Human Occupancy (as applying to farm buildings) means an occupancy having an occupant load
of not more than 1 person per 40 square meters during normal use).
Feedlot means an outdoor area that is fenced to confine livestock solely for the purpose of growing or finishing, but
does not include
a)
A grazing area; or
b)
A seasonal feeding area.
First Storey means the uppermost storey having its floor level not more than 2 meters above grade.
General Agricultural Activities means a use of land for agricultural purposes, including production of field crops,
apiculture, floriculture, horticulture and the necessary accessory uses for packing, storing or treating the produce,
but does not include the following:
(a)
livestock operations,
(b)
storage, handling or processing of agricultural products for the general public in return for remuneration,
or;
(c)
sales or servicing (in return for remuneration) of agricultural equipment.
Grade means the average level of finished ground adjoining a building or structure at all exterior walls, as determined
by the Development Officer.
Grazing Area means lands used for pasture or crop production on which livestock may be kept year-round or
seasonally, and are fed primarily by direct consumption of plant material grown on the area, and where manure
produced by those livestock does not accumulate such that mechanical removal is required.
Height means the total number of storeys in a building or the vertical distance measured from grade to: a) the
highest point of the roof surface of a flat roof b) the deck or eaves of any other roof type
Home Based Business - Types:
a)
home industry means a small-scale manufacturing, repair or trade activity such as but not limited to a
welding shop, plumber, electrician, carpentry or cabinet maker, auto repair mechanic or trucking operation
and similar uses which are carried on in or from a dwelling or its accessory building for consideration and
which is located on the same site and which is clearly secondary and incidental to the principal use of the
property.
b)
home occupation means an occupation, trade, profession or craft such as but not limited to a hair salon,
bed and breakfast operation, tea room, home day care operator, lawyer or accountant and similar uses
which are carried on in or from a dwelling unit or its accessory building for consideration and which is clearly
incidental or accessory to the principal use of the property.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 110
One in Two-Hundred Year flood means a flood that can be expected to occur on average once in 200 years, or more
specifically, a flood with a 0.5% chance of occurring in any given year..
Kennel means premises upon which more than 5 dogs or 10 cats, not including animals less than 4 months of age,
are boarded, bred, trained or cared for in return for remuneration or are kept for the purpose of sale.
Manure Storage Facility - Types:
a)
earthen manure storage facility means a structure built primarily from soil, constructed by excavating or
forming dikes, and used for storing or retaining livestock manure, but does not include
1)
a collection basin;
2)
a field storage site; or
3)
a temporary composting site for manure.
b)
non-earthen manure storage facility means a non-earthen structure, molehill, tank or other non-earthen
facility for storing or treating manure, but does not include a gutter or concrete pit used to contain liquid
or semi-solid manure for less than 30 days for the purpose of moving the manure to a manure storage
facility.
Mobile Home is a manufactured home constructed of single or multiple sections constructed as a portable dwelling
(single unit dwelling) unit that is capable of being transported on its own chassis and running gear by towing or other
means, and which is designed to be connected to external electrical, water and sewer facilities, and to be used as a
single dwelling unit and comprises not more than one storey and at a minimum complies with CAN/CSA Z240 MH
Series of Standards at the time of construction (under the Buildings and Mobile Home Act (as amended). Foundations
for these homes are at a minimum constructed to CAN/CSA Z-240 Standards (Deformation Resistant Foundations).
Mobile Home Park means an area of land upon which mobile home spaces are rented to individual owners of mobile
homes, and which has been approved by Council.
Mobile Home Space means a space in a mobile home park, which may be rented/leased by an individual for the
placement of a mobile home.
Mobile Home Subdivision means an area of land which is subdivided into mobile home sites which may be sold for
the placement of mobile homes.
Modular Homes are a pre-manufactured single unit dwelling built in a factory in one or more finished sections for
transport to a site for installation. These dwelling units are similar to but distinct from a mobile home. Modular (pre-
manufactured homes) are at a minimum certified to CAN/CSA A277 standards at the time of construction.
Foundations for these types of buildings may be constructed as permanent foundations or other approved
foundations.
Party Wall means a wall jointly owned and jointly used by 2 parties under easement agreement or by rite in law,
and erected at or upon a line separating 2 parcels of land each of which is, or is capable of being a separate real
estate entity.
Place of Worship means a building (ex: a church, chapel, mosque, synagogue, or temple) primarily used for religious
purposes. Principal Use means the primary or predominant activity on any lot or within any building or structure.
Pole Type Structure / Building means a building or structure typically constructed with its main frame and
foundation consisting of laminated, sawn or natural (round) wood poles.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 111
Principal Building means a structure on a site used to accommodate the principal use.
or structure typically constructed with its main frame and foundation consisting of laminated, sawn or natural
(round) wood poles.
Public Utility means any system, works, building, plant equipment or service, excluding telecommunications towers
(private for profit), wind energy generation stations (WEGS) and private for profit commercial scale solar energy
generation systems, developed for the purpose of furnishing publicly used communication, transportation,
transmission and collection services and facilities (including fire, police and EMS) that are available at approved rates
to the inhabitants of the Hamiota Municipality.
Residential Care Facility means a building in which residential accommodation, plus supervision, care or treatment,
is provided to 5 or more persons, by a person or persons employed for the purpose.
Secondary Suite means a self-contained detached or attached accessory dwelling unit located within and/or forming
part of a permanent single-unit dwelling, farm dwelling or non-farm dwelling on a single zoning site. A secondary suite
is comprised of a single dwelling unit and has its own separate access, cooking, sleeping and sanitary facilities which
are separate from and not shared with those of the principal dwelling. This accessory use does not include duplex
housing, semi-detached housing, multiple-dwelling housing or apartment housing.
Sign means any writing (including letters, words, or numerals), pictorial representation (including illustration or
decoration), emblem or logo (including device, symbol or trademark), banner, pennant or any other figure of similar
character (excluding display windows) which:
(a)
Is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on or in a
building or other structure;
(b)
Is used to identify, direct attention to, or advertise;
(c)
Is visible from outside a building.
Sign Types
Address Sign means a sign, generally applied to a building wall that displays a building's address.
Advertising Sign means a sign directing attention to a business, commodity, service or entertainment
conducted, sold or offered elsewhere than on the zoning site where the sign is maintained.
Awning Sign means lettering applied directly on the Valance or other vertical portion of an awning.
Bulletin Board means a sign of permanent character, but with movable letters, words or numerals
indicating the names of persons associated with, or event conducted upon, or products or services offered
on the same zoning site upon which the bulletin board sign is maintained, e.g. school, church, community
centre and similar uses.
Business Sign means a sign directing attention to a business, commodity, service or entertainment
conducted, sold or offered upon the same zoning site where the sign is maintained.
Clearance means the height above the walkway, or other surface if specified, of the bottom edge of an
element.
Construction Sign means a sign which identifies a construction project and information relative thereto.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 112
Fascia or Wall Sign means any sign attached against the surface of, or against or within a recess in the wall,
a column or other perpendicular portion of a building in a position essentially parallel to said wall, column
or other perpendicular position. A fascia sign shall also mean any sign attached to the walls of two or more
buildings and spanning the spaces between the said buildings.
Flashing Sign means an illustrated sign on which artificial light is not maintained constant in intensity and
colour at all times when such sign is in use.
Freestanding Sign means a sign supported by a vertical column or columns placed in the ground with the
sign surface area above ground level.
Identification Sign or Nameplate means a sign that identifies the business, owner, resident or the street
address and which sets forth no other advertisement.
Illuminated Sign means a sign designed to give forth any artificial light or reflect light from an artificial
source.
Marquee Sign means a sign attached to a marquee, canopy or awning projecting from and supported by a
building.
Outdoor Display Case means a sign consisting of a lockable metal or wood framed cabinet with a
transparent window or windows, mounted onto a building wall or freestanding support. It allows the
contents, such as menus or maps, to be maintained and kept current.
Portable or Mobile Sign means a sign with or without a structural frame and intended for a limited period
of display, but shall have no red, green or amber lights thereon, and with no blinking or scintillating lights
when the sign faces a residential area.
Projecting Sign means any sign other than a fascia sign, which is attached to a building and extends beyond
the exterior wall of the said building beyond the surface of that portion of the building to which it is
attached.
Roof Sign means any sign erected, constructed and maintained wholly upon or over the roof of a building
with the principal support on the roof structure.
Sidewalk Sign or Sandwich Board means a moveable freestanding sign that is typically double-sided, placed
at the entrance to a business to attract pedestrians.
Sign Surface Area means the entire area within a single continuous perimeter enclosing the extreme limits
of writing, representation, emblem, or any figure of similar character, including any frame or other material
or colour forming an integral part of the display or used to differentiate such sign from the background
against which it is placed. Where a sign has two or more faces, the area of all faces shall be included in
determining the area of the sign, except that where two such faces are placed back to back and are at no
point more than two (2) feet from one another, the sign surface area of the sign shall be taken as the surface
areas of one face if the two faces are of equal area, or as the surface area of the larger face if the two faces
are of unequal area.
Temporary Sign means a sign which is not permanently anchored to a footing extending below grade or
permanently affixed to, or painted on, a building and on which the copy has been painted or affixed in a
permanent manner. The copy on the sign shall relate to an activity, use or event of a limited time duration
Hamiota Municipal Zoning By-law No. 2019-04
Page | 113
not exceeding six months. Temporary signs include political campaign signs, real estate signs, construction
identification signs, signs involving seasonal businesses, and signs advertising specific community events.
For the purpose of this By-law, temporary signs shall not include portable signs.
Valance means the portion of an awning that hangs perpendicular to the sidewalk.
Window Sign means a sign placed or painted on the interior of a shopfront window or the window of a
business door.
Yard Sign means a permanent freestanding sign in a Front Yard, including a supporting post or posts.
Sign Surface Area means the entire area within a single continuous perimeter enclosing the extreme limits of writing,
representation, emblem, or any other material or colour forming an integral part of the display; excluding the necessary
supports or uprights on which it is placed. In computing the total sign surface area in square feet, standard
mathematical formulas for known or common shapes will be used. In the case of irregular shapes, straight lines drawn
closest to the extremities of the shape will be used. Where a sign has two (2) faces placed back to back and are at no
point more than three (3) feet from one another, the total sign surface area of the sign may be taken as the sign surface
area of one (1) face of the sign.
Site means an area of land which:
(a)
is occupied or intended to be occupied by a principal use or by a use of a building or group of buildings,
together with accessory buildings and structures as are provided for herein, along with required yards;
(b)
has frontage on a street, or has any lawful means of access satisfactory to Council, or as otherwise provided
for herein; and
(c)
is of sufficient size to provide for the minimum requirements of this By-law for a permitted or conditional
use in a zone where the use is located.
site, corner means a site situated at the intersection of 2 streets.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 114
site depth means the horizontal distance between the centre points in the front and rear site lines.
site, interior means a site other than a corner site.
site lines
front site line means:
(a)
the boundary of a site along any/all streets or highways;
(b)
for a corner site, the continuation of the front site line of the abutting interior site.
rear site line means:
(a)
that boundary of a site which is most nearly parallel to the front site line;
(b)
where the side site lines intersect, a line 10 feet in length within the site, parallel to and at the
maximum distance from the front site line.
side site line
(a)
means any boundary of a site which is not a front or rear site line.
Where it is not possible to determine site lines according to these definitions, they shall be determined by
the development officer.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 115
Site, Reverse Corner means a corner site, the flanking street site line of which is substantially a continuation of the
front site line of the first site to its rear.
Site, Through means a site having a pair of opposite site lines along two (2) more or less parallel streets. On a through
site both street lines shall be deemed front site lines.
Site, Width means the horizontal distance between the side site lines, measured at right angles to the site depth at
a point midway between the front and rear site lines, or at 40 feet from the front site lines, whichever is less.
Specialized Agricultural Activities means agricultural activities such as apiculture, floriculture, horticulture,
greenhouses, nurseries, market gardening and other activities of a like nature which do not require large acreages
of land, and which in the opinion of Council, provide a major component of household income.
Storey means 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,
but does not include a cellar.
Structure means a thing constructed or erected with a fixed location on or below the ground or attached to
something with such a fixed location. It includes, but is not limited to, buildings, walls, fences, signs, billboards, light
Hamiota Municipal Zoning By-law No. 2019-04
Page | 116
standards and antennas.
Surface Watercourse means the channel in or bed on which surface water flows or stands, but does not include a
dugout, drain, reservoir, intermittent slough, drainage ditch or intermittent stream that is completely surrounded
by private land controlled by the owner or operator of an agricultural operation and that has no outflow going
beyond the private land or an infield ephemeral drain.
Surface Water means any body of flowing or standing water, whether naturally or artificially created, including, but
not limited to a lake, river, creek, spring, drainage ditch, roadside ditch, reservoir, swamp, wetland and marsh,
including ice on any of them, but not including a dugout or reservoir on the property of an agricultural operation.
Where this By-law requires a use, building or structure to be set back a certain distance from "surface water", that
distance shall be measured from the ordinary high water mark of the surface water or from the nearest and highest
bank of the surface water, whichever is further from the surface water.
Use means any purpose for which a building, structure or site may be designed, arranged, intended, maintained or
occupied; or any activity, occupation, business, or operation carried on, or intended to be carried on, in a building,
structure or on a site.
Wind Energy Generation Station (WEGS) means a site and facility that is comprised of, but not limited to, one or
more wind turbine generator towers, and may include associated accessory operations and maintenance buildings,
research or meteorological towers, collector grids, roads and substations that convert wind energy to electrical
energy for use or sale by a private commercial enterprise. It must have a collective nameplate rating of 0.75
megawatt or greater and be connected to the transmission or a local distribution grid. The (WEGS) can be comprised
of either a leased or an owned site.
Yard means an open area between the exterior wall of a building and the boundaries of the site on which it is located.
yard, required means an open area, on the same zoning site with a building or structure which is unoccupied and
unobstructed from its lowest level to the sky, except as otherwise permitted herein. A required yard extends along
a site line to a depth or width (measured from the site line) specified in the yard requirement for the zone in which
it is located.
(a)
yard, required, corner site means a side yard which adjoins a street.
(b)
yard, required, front means a yard extending along the full length of the front site line between the side
site lines (typically where access to the site is provided).
(c)
yard, required, interior side means a side yard which is adjacent to another site, or to a lane separating
such side yard from another site.
(d)
yard, required, rear means a yard extending along the full length of the rear site line between the side site
lines.
(e)
yard, required, side means a yard extending along the side site line from the required front yard to the
required rear yard.
Hamiota Municipal Zoning By-law No. 2019-04
Page | 117
The following sketch illustrates the foregoing definitions of yards:
Hamiota Municipal Zoning By-law No. 2019-04
Page | 118
SCHEDULE "A": ZONING MAPS
Hamiota
Decker
Oakner
RGE. 24
RGE. 24
RGE. 23
RGE. 23
See
Map 2
See Map 4
See Map 3
TWP. 15
TWP. 14
TWP. 13
AG
AG
AR
AR
AR
1
6
31
36
1
6
31
36
1
6
36
1
6
31
1
31
36
1
6
31
36
31
36
6
469
355
355
21
24
21
o
Agricultural General Zone
Agriculture Restricted Zone
Municipal Boundaries
Provincial Trunk Highway
Provincial Road
Municipal Roads
Railways
Waterbodies
Date: 5/16/2019
Mid-West
Planning District
Map 1 - Hamiota
Municipality
Coordinate System : UTM 14N NAD 83 Source: CRP - GOM
0
2
4
1
Kilometres
0
1.5
3
0.75
Miles
AG
AR
Hamiota Zoning By-Law No. 2019-04
CRESCENT
FIFTH
BAY
POPLAR
WILLOW
HUDSON
EIGHTH
SECOND
FOURTH
SIXTH
EIGHTH
NINTH
TENTH
THIRD
FIFTH
SEVENTH
SPRUCE
AVENUE
SIXTH
FOURTH
STREET
BIRCH
ASH
WEST
WEST
MAPLE
FIRST
AVENUE
DRIVE
STREET
WILLOW
STREET
PINE
STREET
AVENUE
STREET
STREET
STREET
STREET
OAK
AVENUE
MAPLE
AVENUE
AVENUE
CEDAR
STREET
STREET
AVENUE
ST.
SECOND
ST.
AVENUE
PLAN
NO.
1516
SECOND
STREET
THIRD
STREET
FOURTH
ST.
FIFTH
LILAC
AVENUE
PL AN
NO.
7720
PLAN
6154
PLAN NO. 5662
PLAN
NO.
6536
PLAN
NO.
4702
PL AN
515 W.
PLA N
6536
26346
5040
PLAN
NO.
6458
PLAN
NO.
6458
PLAN
NO.
924
PLAN
NO.
515 W
SP. PLAN NO. 7527
7792
PLAN 5312
PLA N NO . 5286
STREET
PLAN
32757
PLAN
NO.
T
PLAN
NO.
31122
S.P.
7656
PLAN
NO,
697
697
PLAN
NO,
STREET
PLA N
32798
PLAN
26063
PLAN NO. 6715
PLAN
NO.
35336
PLAN
NO.
26063
PLAN NO.
6715
PLAN
6715
PLAN
26063
PLA N 5782
PLAN NO. 6201
PLAN
NO.
36
PLAN
NO.
697
PLAN NO.
29779
3RD
PLAN
NO.
T
7694
7694
632
29886
7685
29886
31885
PLAN
NO.
31885
PLAN
4819
6976
6976
PLAN
NO.
PLAN
NO.
PLAN
NO.
PLAN
NO.
5782
PLAN
NO.
4966
PLAN NO.
29886
W.
AVENUE
7336
PLAN
NO.
PLAN
NO.
632
S.S. PLAN
NO.
S.P. PLAN
6903
NO.
PLAN
7645
632
NO.
S. P. PLAN
S. S. PLAN
NO.
PLAN NO.
PLAN
NO.
NO.
PLAN
7685
PLAN
NO.
29886
W.
STREET
632
S. P. PLAN
7685
S. P. PLAN
632
S.P. PLAN
PLAN 35575
7167
S.P. PLA N
PLA N NO.
7167
5139
PLAN NO.
S.P. PLAN
S.P. PLAN
632
PLAN NO.
4853
PL AN NO . 716 7
7694
S.P. PLAN
7694
S.P. PLAN
632
S.P. PLAN
4853
PLAN
FIRST
BIRCH
AVENUE
NO.
S.S. PLAN
PLAN
NO.
SP. PLAN NO. 7527
SP. PLAN
NO. 7520
NO.
PL AN NO .
515 W.
PLAN
NO.
1516
PLAN 25997
PLAN
NO.
6458
PLAN
NO.
6458
STREET
PLAN
NO.
4567
PLAN
596
PLAN
S.S. P LAN 632
PLA N 7167
31759
PLAN
35576
PLAN NO.
35850
NO.
PLA N NO.
PLAN
7720
PLAN
NO.
38514
PLAN
NO.
38470
PLAN
NO.
37034
PLAN
NO.
"T"
PLAN
NO.
"T"
PLAN
NO.
39327
WILLOW
AVE.
WEST
ELM
STREET
ELM
STREET
NO. 632
NO.
NO.
PLAN NO.
PLAN
6046
PLAN
PLAN
515W
PLAN
NO.
43079
PLAN
NO.
39930
ST.
ST.
ST.
MAPLE
26117
PLAN
46533
PLAN
PLAN
NO.
T
PLAN
NO.
T
PLAN
NO.
T
PLAN
NO.
T
PLAN
NO.
T
PLAN
NO.
T
PLAN
NO.
T
47426
PLAN
NO.
PLAN
NO.
47157
S.S.PLAN
PLAN
NO.
6966
PLAN
NO.
22298
NE-7-14-23-W
SW-17-14-23-W
SE-18-14-23-W
596
PLA N
PLAN
NO.
4819
31885
NO.
PLAN
PLA N
4819
NO.
PLAN
NO.
5505
PLAN
NO.
24596
PLAN
NO.
24596
PLAN
NO.
4469
PLAN
NO.
4469
PLAN
NO.
55354
PLAN
39327
PLAN
55354
PLAN
NO.
55354
TAMARACK
ASPEN
AVENUE
AVENUE
7824
PLAN
SW-18-14-23-W
NW-18-14-23-W
NE-18-14-23-W
NE-17-14-23-W
NW-17-14-23-W
SE-17-14-23-W
SE-08-14-23-W
NE-08-14-23-W
SW-08-14-23-W
SW-07-14-23-W
SE-07-14-23-W
NW-07-14-23-W
NE-13-14-24-W
SE-13-14-24-W
NE-12-14-24-W
SE-12-14-24-W
NW-16-14-23-W
SW-16-14-23-W
SW-09-14-23-W
NW-09-14-23-W
AR
AR
AR
AR
AG
AG
AG
AG
RS
RS
RS
MH
ML
MH
OR
CC
CH
OR
OR
RSM
RSM
RSM
RSM
RMMP
RMMP
ML
ML
ML
ML
PLAN
4853
PLAN
63203
PLAN
62 81 6
469
21
o
Agricultural General Zone
Agriculture Restricted
Zone
Commercial Central Zone
Commercial Highway
Zone
Residential Serviced Zone
Residential
Mobile/Modular Home
Park Zone
Residential Serviced Multi-
Unit Zone
Open Space / Recreation
Zone
Industrial Light Zone
Industrial Heavy Zone
Provincial Trunk Highway
Provincial Road
Waterbodies
Date: 4/12/2019
Mid-West
Planning District
Map 2 - Community of
Hamiota
Coordinate System : UTM 14N NAD 83
Source: CRP - GOM
0
340
680
170
Metres
0
1,100
2,200
550
Feet
Hamiota Municipality
AG
AR
CC
CH
RS
OR
ML
MH
RMMP
RSM
Hamiota Zoning By-Law
No. 2019-04
First Avenue
Queen Street
Main Street
King Street
Second Avenue
Third Avenue
Canadian National Railway Miniota Subdivision
NW-08-13-23-W
NE-08-13-23-W
SE-08-13-23-W
SW-08-13-23-W
SW-17-13-23-W
SE-17-13-23-W
GD
AG
AG
PR
21
o
General Development Zone
Agricultural General Zone
Provincial Trunk Highway
Provincial Road
Railways
Date: 5/16/2019
Mid-West
Planning District
Map 3 -
Oakner
Coordinate System : UTM 14N NAD 83
Source: CRP - GOM
0
130
260
65
Metres
0
450
900
225
Feet
Hamiota Municipality
GD
AG
Hamiota Zoning By-Law
No. 2019-04
Main Street
First Ave. West
First Ave. East
Second Ave. East
First St. South
Canadian National Railway Property
SW-18-15-24-W
SE-18-15-24-W
NE-07-15-24-W
NW-07-15-24-W
NE-12-15-25-W
SE-13-15-25-W
GD
AG
AG
264
264
355
o
General Development Zone
Agricultural General Zone
Provincial Trunk Highway
Provincial Road
Railways
Waterbodies
Date: 4/12/2019
Mid-West
Planning District
Map 4 -
Decker
Coordinate System : UTM 14N NAD 83
Source: CRP - GOM
0
80
160
40
Metres
0
280
560
140
Feet
GD
AG
Hamiota Municipality
Hamiota Zoning By-Law
No. 2019-04