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THE TOWN OF
MINNEDOSA
ZONING BY-LAW
NO. 2567
THE TOWN OF MINNEDOSA
BY-LAW NO. 2567
BEING A BY-LAW OF THE TOWN OF MINNEDOSA TO REGULATE THE USE OF
AND DEVLEOPMENT OF LAND
WHEREAS Subsection 39(1) of The Planning Act provides that the Council of a municipality
may enact a Zoning By-Law which generally conforms to a development plan adopted for the
area;
AND WHEREAS pursuant to the provisions of Subsection 27(1) of The Planning Act, the Board
of The Tanner's Crossing Planning District has, by By-Law, adopted The Tanner's Crossing
Planning District Development Plan.
AND WHEREAS, Subsection 32(2) of The Planning Act provides that the council of a
municipality shall enact a zoning By-Law upon the adoption of a development plan;
NOW THEREFORE, the Council of The Town of Minnedosa, in meeting duly assembled,
enacts as follows:
1. The Zoning By-Law attached hereto and marked as "Schedule A", is hereby adopted;
2. This By-Law shall be known as "The Town of Minnedosa Zoning By-Law."
3. This By-Law shall take force and effect on the date of third reading.
4. The Minnedosa Zoning By-Law No.2452, and all amendments thereto are hereby
repealed.
DONE AND PASSED in Council assembled at the Council Chamber of The Town of Minnedosa
at Minnedosa in the Province of Manitoba, this 3rd day of December A.D., 2019.
____________________________
Frank Taylor, Deputy Mayor
____________________________
Cindy Marzoff, CAO
Read a first time this 10th day of September, A.D., 2019
Read a second time this 3rd day of December, A.D., 2019
Read a third and final time this day of 3rd day of December, A.D. 2019
THE TOWN OF MINNEDOSA
ZONING BY-LAW
BEING SCHEDULE "A" OF
BY-LAW NO. 2567
OF
THE TOWN OF MINNEDOSA
Prepared for:
THE TOWN OF MINNEDOSA
By:
Terry Brown
Planning Consultant
Carberry, MB
August 2019
The Town of Minnedosa Zoning By-Law 2567
i
TABLE OF CONTENTS
SECTION
PAGE NO.
1.
PART 1 - SCOPE ..................................................................................................................... 1
1.1
THE BY-LAW ............................................................................................................................... 1
1.2. INTENT AND PURPOSE ............................................................................................................. 1
2.
PART 2 - ZONES ..................................................................................................................... 2
2.1
ZONES ........................................................................................................................................ 2
2.2
ZONING MAPS ........................................................................................................................... 2
2.3
INTERPRETATION OF ZONE BOUNDARIES ................................................................................. 3
3.
PART 3 - RESIDENTIAL ZONES ................................................................................................. 3
3.1
INTENT AND PURPOSE .............................................................................................................. 3
3.2
ZONES ........................................................................................................................................ 3
3.3
PERMITTED AND CONDITIONAL USES ....................................................................................... 4
3.4
ACCESSORY USES, BUILDINGS AND STRUCTURES ..................................................................... 7
3.5
HOME BASED BUSINESSES ........................................................................................................ 7
3.6
RESIDENTIAL BULK REGULATIONS ............................................................................................ 8
3.7
PERMITTED PROJECTIONS AND FEATURES IN REQUIRED YARDS ........................................... 12
3.8
PARKING REQUIREMENTS IN RESIDENTIAL ZONES ................................................................. 13
3.9
MOBILE HOME PARKS ............................................................................................................. 14
3.10
BARE-LAND CONDOMINIUMS ............................................................................................. 15
3.11
SECONDARY SUITES ............................................................................................................. 16
4.
PART 4 - COMMERCIAL AND INDUSTRIAL ZONES .................................................................. 18
4.1
INTENT AND PURPOSE ............................................................................................................ 18
4.2
ZONES ...................................................................................................................................... 18
4.3
PERMITTED AND CONDITIONAL USES ..................................................................................... 18
4.4
ACCESSORY USES, BUILDINGS AND STRUCTURES ................................................................... 23
4.5
ACCESSORY EXTERIOR DISPLAY, STORAGE, AND PROCESSING ............................................... 23
4.6
COMMERCIAL AND INDUSTRIAL BULK REGULATIONS ............................................................ 24
4.7
PERMITTED PROJECTIONS AND FEATURES IN REQUIRED YARDS ........................................... 26
4.8
COMMERCIAL AND INDUSTRIAL PARKING AND LOADING ..................................................... 27
5.
PART 5 - INSTITUTIONAL AND OPEN SPACE/RECREATIONAL ZONES ...................................... 30
5.1
INTENT AND PURPOSE ............................................................................................................ 30
5.2
ZONES ...................................................................................................................................... 30
5.3
PERMITTED AND CONDITIONAL USES ..................................................................................... 30
5.4
ACCESSORY USES, BUILDINGS AND STRUCTURES ................................................................... 31
5.5
INSTITUTIONAL AND OPEN SPACE/RECREATIONAL BULK REGULATIONS .............................. 32
5.6
PERMITTED PROJECTIONS AND FEATURES IN REQUIRED YARDS ........................................... 33
5.7
PARKING .................................................................................................................................. 34
5.8
SPECIAL PROVISIONS FOR THE "OR" OPEN SPACE/RECREATIONAL ZONE.............................. 35
The Town of Minnedosa Zoning By-Law 2567
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6.
PART 6 - AGRICULTURAL (LIMITED) ZONE ............................................................................. 36
6.1
INTENT AND PURPOSE ............................................................................................................ 36
6.2
ZONES ...................................................................................................................................... 36
6.3
PERMITTED AND CONDITIONAL USES ..................................................................................... 36
6.4
ACCESSORY USES, BUILDINGS AND STRUCTURES ................................................................... 37
6.5
AGRICULTURAL (LIMITED) BULK REGULATIONS ...................................................................... 38
6.6
ERMITTED PROJECTIONS AND FEATURES IN REQUIRED YARDS ............................................. 39
6.7
KEEPING OF LIVESTOCK ........................................................................................................... 39
7.
PART 7 - GENERAL PROVISIONS ........................................................................................... 44
7.1
INTENT AND PURPOSE ............................................................................................................ 44
7.2
NUMBER OF BUILDINGS AND USES PER SITE .......................................................................... 44
7.3
NOXIOUS OR OFFENSIVE USES ................................................................................................ 44
7.4
SPECIAL LIMITATIONS IN VICINITY OF SEWAGE LAGOONS ..................................................... 44
7.5
LAND DEEMED UNSUITABLE FOR DEVELOPMENT .................................................................. 44
7.6
LAND NEAR WATERBODIES AND/OR SUBJECT TO FLOODING ................................................ 45
7.7
BUILDING GRADE AND SITE DRAINAGE .................................................................................. 45
7.8
RETAINING WALLS ................................................................................................................... 45
7.9
PARKING LOT DESIGN .............................................................................................................. 45
7.10
BUILDING RELOCATION OR REMOVAL ................................................................................ 46
7.11
TEMPORARY BUILDINGS, STRUCTURES AND USES .............................................................. 46
7.12
DOUBLE FRONTAGE SITES ................................................................................................... 47
7.13
UNCONVENTIONAL SITES .................................................................................................... 47
7.14
LANDLOCKED SITES .............................................................................................................. 47
7.15
MUNICIPAL SERVICES .......................................................................................................... 47
7.16
PUBLIC FACILITIES ................................................................................................................ 47
7.17
PUBLIC MONUMENTS AND STATUARY ................................................................................ 48
7.18
RESIDENTIAL SIGN REGULATIONS ....................................................................................... 48
7.19
COMMERCIAL AND INDUSTRIAL SIGN REGULATIONS ......................................................... 48
7.20
INSTITUTIONAL SIGN REGULATIONS ................................................................................... 49
7.21
AGRICULTURAL AREA SIGN REGULATIONS .......................................................................... 50
7.22
SWIMMING POOLS .............................................................................................................. 50
8.
PART 8 - ADMINISTRATION .................................................................................................. 52
8.1
RELATIONSHIP WITH OTHER BY-LAWS AND REQUIREMENTS ................................................ 52
8.2
RESPONSIBILITIES OF COUNCIL ............................................................................................... 52
8.3
RESPONSIBILITIES OF THE OWNER .......................................................................................... 52
8.4
RESPONSIBILITIES OF THE DEVELOPMENT OFFICER ............................................................... 53
8.5
DEVELOPMENT PERMITS ......................................................................................................... 53
8.6
AMENDMENTS ........................................................................................................................ 56
8.7
DEVELOPMENT AGREEMENTS ................................................................................................ 56
8.8
CONDITIONAL USE ................................................................................................................... 56
8.9
VARIATIONS ............................................................................................................................. 57
The Town of Minnedosa Zoning By-Law 2567
iii
8.10
NON-CONFORMITIES ........................................................................................................... 58
8.11
EXISTING BUILDINGS............................................................................................................ 59
9.
PART 9 - ENFORCEMENT ...................................................................................................... 60
9.1
GENERAL ENFORCEMENT PROVISIONS ................................................................................... 60
9.2
ENTRY FOR INSPECTION AND OTHER PURPOSES .................................................................... 60
9.3
ORDER TO REMEDY CONTRAVENTION.................................................................................... 60
9.4
REVIEW BY THE BOARD ........................................................................................................... 61
10.
PART 10 - INTERPRETATION AND DEFINITIONS ................................................................... 62
10.1
INTERPRETATION AND APPLICATION .................................................................................. 62
10.2
RULES OF CONSTRUCTION................................................................................................... 62
10.3
DEFINITIONS ........................................................................................................................ 62
APPENDIX A - ZONING MAPS ........................................................................................................ A
APPENDIX B - METRIC CONVERSION TABLES ................................................................................. B
The Town of Minnedosa Zoning By-Law 2567
iv
TABLE OF FIGURES
FIGURE
PAGE NO.
Figure 7-1: Parking Area Dimensions Diagram ..................................................................................... 46
TABLE OF TABLES
TABLES
PAGE NO.
Table 3-1: Residential Use Table ............................................................................................................. 4
Table 3-2: Residential Bulk Table ............................................................................................................ 9
Table 3-3: Residential Parking Table ..................................................................................................... 13
Table 4-1: Commercial and Industrial Use Table .................................................................................. 19
Table 4-2: Commercial and Industrial Bulk Table ................................................................................. 25
Table 4-3: Commercial and Industrial Parking Table ............................................................................ 28
Table 5-1: Institutional and Open Space/Recreational Use Table ........................................................ 30
Table 5-2: Institutional and Open Space/Recreational Bulk Table ....................................................... 32
Table 5-3: Institutional and Open Space/Recreational Parking Table .................................................. 35
Table 6-1: Agricultural (Limited) Use Table .......................................................................................... 36
Table 6-2: Agricultural (Limited) Bulk Table ......................................................................................... 38
Table 6-3: Animal Unit Conversion Factors .......................................................................................... 40
Table 6-4: Minimum Separation Distance Requirements From a Single Residence ............................ 42
Table 6-5: Minimum Separation Distance Requirements From a Designated Area ............................. 42
Table 6-6: Minimum Setback Distance Requirements ......................................................................... 42
Table 7-1: Parking Area Dimensions ..................................................................................................... 45
The Town of Minnedosa Zoning By-Law 2567
1
1.
PART 1 - SCOPE
1.1
THE BY-LAW
1.1.1 This By-Law shall be known as "The Town of Minnedosa Zoning By-Law".
1.1.2 This By-Law shall be in full force and effect on the day that it is given third reading by the
Council of The Town of Minnedosa.
1.1.3 This By-Law shall apply to all land in The Town of Minnedosa, except for land within
public streets and lanes as described in Section 2.3.4.
1.1.4 No building, structure, land or mobile home shall be used, and no building, structure or
mobile home shall be constructed, erected, located, relocated, enlarged, structurally
altered or moved unless it conforms to the provisions of this By-Law and only after all
permits have been obtained by the owner.
1.2.
INTENT AND PURPOSE
1.2.1 The intent and purpose of this By-Law are to implement the objectives and policies of
The Tanner's Crossing Planning District Development Plan and to establish various zones
in the community in order to accommodate and regulate development. These zones are
shown on Zoning Maps 1 to 9 attached to and being part of this By-Law and established
as APPENDIX A - ZONING MAPS of this By-Law.
1.2.2 The regulations and provisions established by this By-Law are deemed necessary in
order to:
(a)
Provide for appropriate uses of land, buildings and structures;
(b)
Provide adequate open spaces for light and air and to serve as a measure of
prevention against the spread of fires;
(c)
Provide for adequate standards of development so that overcrowding, unhealthy
living conditions and parking congestion will be kept to a minimum;
(d)
Minimize the overloading of municipal services;
(e)
Provide a measure of protection for the value of property; and
(f)
Provide for the health, safety and general welfare of the residents of Minnedosa.
1.2.3 This By-Law shall regulate the following:
(a)
All buildings and structures, including mobile homes, erected hereafter;
(b)
All uses of land, buildings, structures and mobile homes established hereafter;
(c)
All structural alterations, or relocations of existing buildings, structures and mobile
homes occurring hereafter;
(d)
All enlargements of, or additions to existing buildings, structures, mobile homes,
or land uses; and
(e)
The change in use of all land, buildings, structures and mobile homes.
The Town of Minnedosa Zoning By-Law 2567
2
2.
PART 2 - ZONES
2.1
ZONES
In order to carry out the intent and purpose as set forth in Section 1 of this By-Law, the
following zones are hereby established in The Town of Minnedosa:
(a)
"RS"
Residential Single Zone;
(b)
"RMH" Residential Mobile Home Zone;
(c)
"RM"
Residential Multiple Zone;
(d)
"RS-U" Residential Unserviced Zone;
(e)
"RLL"
Residential Large Lot Zone;
(f)
"CC"
Commercial Central Zone;
(g)
"CH"
Commercial Highway Zone;
(h)
"CA"
Commercial Agro Zone;
(i)
"ML"
Industrial Light Zone;
(j)
"MH"
Industrial Heavy Zone;
(k)
"I"
Institutional Zone;
(l)
"OR"
Open Space/Recreational Zone; and
(m) "AL"
Agricultural (Limited) Zone.
2.2
ZONING MAPS
2.2.1 The location and boundaries of the zones listed in Section 2.1 are shown on Zoning
Maps 1 to 9 attached hereto and marked as APPENDIX A - ZONING MAPS to this By-Law.
The said Zoning Maps form a part of this By-Law. All notations, references and other
information shown therein, together with any amendments made by amending By-Laws
from time to time and shown therein, together with any amendments to boundaries in
the case of any street, lane or public utility right-of-way closing as provided in Section
2.3 of this Part, shall be as much a part of this By-Law as if the matters and information
set forth by the said Zoning Maps were fully described herein.
2.2.2 The scale and all dimensions of the Zoning Maps are in feet.
2.2.3 All plan references on the Zoning Maps pertain to registered plans filed in the Neepawa
Land Titles Office.
2.2.4 The abbreviations noted on the Zoning Maps mean the following:
(a) Pcl.
means
"Parcel";
(b) Pt.
means
"Part";
(c) RGE.
means
"Range";
(d) R.M.
means
"Rural Municipality";
The Town of Minnedosa Zoning By-Law 2567
3
(e) SEC.
means
"Section";
(f) TWP.
means
"Township"; and
(g) W.P.M.
means
"West of Principal Meridian".
2.3
INTERPRETATION OF ZONE BOUNDARIES
2.3.1 Heavy solid lines represent the zone boundaries. Where the zone boundary is broken by
the name of a street, it shall be construed that the boundary continues through the
name of the street.
2.3.2 Boundaries indicated as approximately following:
(a) the centrelines of public utility rights-of-way;
(b) the centrelines of streets, highways or lanes;
(c) the centrelines of railways or rivers;
(d) shoreline of the lake;
(e) lot, site or property boundaries; or
(f) Municipal limits;
shall be construed as following those lines or limits.
2.3.3 If a street, lane, walkway or public utility right-of-way shown on the Zoning Maps is
lawfully closed, the land formerly comprising the feature shall be included within the
zone of the land which surrounds it. If the said feature included a zone boundary on its
centreline, then the zone boundary shall be the former centreline.
2.3.4 Although streets and lanes are shown within the areas zoned on the Zoning Maps of this
By-Law, the provisions of this By-Law shall not apply to streets and lanes until such time
as they may be lawfully closed. Development within the streets and lanes shall be
governed by any traffic By-Law that may be adopted by the Council of The Town of
Minnedosa.
3.
PART 3 - RESIDENTIAL ZONES
3.1
INTENT AND PURPOSE
The Residential Zones established in this By-Law are intended to provide areas for
various types of residential development and to regulate development within these
areas.
3.2
ZONES
3.2.1 "RS" Residential Single Zone primarily accommodates the development of municipally
serviced single unit dwellings, along with other uses, which may be considered
acceptable within residential neighbourhoods.
The Town of Minnedosa Zoning By-Law 2567
4
3.2.2 "RMH" Residential Mobile Home Zone primarily accommodates the development of
municipally serviced areas for mobile home occupancy.
3.2.3 "RM" Residential Multiple Zone primarily accommodates municipally serviced
residential developments of three dwelling units or more.
3.2.4 "RS-U" Residential Unserviced Zone primarily accommodates single dwellings on
larger parcels of land which are not typically serviced by municipal sewer and water
services.
3.2.5 "RLL" Residential Large Lot Zone accommodates single dwellings in designated areas
on lots of 2 acres or larger in size, which are not typically serviced by municipal sewer
and water services.
3.3
PERMITTED AND CONDITIONAL USES
3.3.1 Table 3-1 lists all uses that are permitted or conditional in the Residential Zones.
3.3.2 No land shall be used or occupied and no building, structure or mobile home shall be
erected, relocated, altered, enlarged, used or occupied hereafter for any use in any
Residential Zone other than a use listed as permitted or conditional uses in Table 3-1.
Table 3-1: Residential Use Table
LIST OF USES
Legend:
P:
Permitted Use
C:
Conditional Use
NP:
Not Permitted Use
ZONES
RS
RMH
RM
RS-U
RLL
Accessory Uses, Buildings and Structures,
other than those listed below:
P
P
P
P
P
- Accessory attached secondary suites
within the Principal Dwelling, either
upstairs, downstairs or the main floor.
P
NP
NP
P
P
- Accessory detached secondary suite;
either a Garden Suite or Coach House
C
NP
NP
C
C
- Accessory Bed and Breakfast Facilities,
or Boarding Accommodation with a
maximum of 2 revenue suites, within
the principal dwelling
P
P
NP
P
P
- Accessory Home Day Care Facilities, to a
maximum of 8 children, within the
principal dwelling
P
P
P
P
P
- Accessory Home Based Business, where
all aspects of the operation are
undertaken within a completely
P
P
P
P
P
The Town of Minnedosa Zoning By-Law 2567
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LIST OF USES
Legend:
P:
Permitted Use
C:
Conditional Use
NP:
Not Permitted Use
ZONES
RS
RMH
RM
RS-U
RLL
enclosed building (See Section 3.5)
- Accessory Home Based Business, where
there is exterior storage or processing
operations, or where there is processing
or storage of hazardous materials (See
Section 3.5)
C
C
C
C
C
- Accessory Residential Care Facilities to a
maximum of 8 persons, within the
principal dwelling
P
P
P
P
P
Assembly Facilities for Clubs or Halls
C
C
C
C
C
Bed and Breakfast Establishments,
Boarding, Rooming and Lodging Houses
(more than 2 revenue suites)
C
C
C
C
C
Dwellings:
-
-
-
-
-
- Existing Cottages or Cabins (a)
NP
NP
NP
P
NP
- Single Dwellings
P
NP
P
P
P
- Two Dwellings, including duplexes and
semi-detached units
C
NP
P
C
C
- Multiple
Dwellings,
including
row
housing,
town
houses,
garden
apartments, and containing 3 or more
dwelling units (b)
NP
NP
P
NP
NP
- Mobile Homes (c)
(CSA Z240 or equivalent)
NP
P
NP
NP
P
- Modular Homes (d)
(CSA A277 or equivalent)
P
P
NP
P
P
Group Day Care Facilities
C
C
C
C
C
Funeral Homes
C
NP
NP
NP
NP
Public Parks, Buffers and Walkways
P
P
P
P
P
Personal Services
P
P
P
P
P
Personal Care homes
NP
NP
P
NP
NP
The Town of Minnedosa Zoning By-Law 2567
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LIST OF USES
Legend:
P:
Permitted Use
C:
Conditional Use
NP:
Not Permitted Use
ZONES
RS
RMH
RM
RS-U
RLL
Playgrounds and Tot Lots
P
C
C
C
C
Religious Institutions, including churches,
chapels, temples, church halls and church
educational facilities
C
C
C
C
C
Residential Care Facilities (more than 8
persons)
C
C
C
C
C
Senior Citizens' Homes and Personal Care
Homes
NP
NP
P
NP
NP
The following footnotes form part of Table 3-1:
(a) Existing cottages and cabins originally built for seasonal use shall be allowed continued
use and enlargement subject to the following:
-
A minimum of 700 sq. ft. in total area for principal buildings provided the required
yards and setbacks can be maintained; front yard of 25 feet, side yard of 7.5 feet and
rear yard of 25 feet,
-
A maximum height of 25 feet for all principal buildings and 15 feet for all accessory
buildings,
-
A minimum side yard requirement of 2.0 feet for all associated accessory buildings
with a floor area of 100 sq. ft. or less,
Accessory uses, buildings and structures are subject to the following:
-
Tool houses, garages, sheds and storage buildings are limited to a maximum number
of two and total combined floor area of 500 sq. ft.,
-
Sidewalks, fences, decks, patios, retaining walls, gazebos, statuary, flagpoles, lighting
fixtures, play structures, trees, shrubs and similar landscaping features are to be
allowed within reason given the small lot sizes,
-
Parking spaces, antennas, satellite dishes, signs, garbage disposal containers are to be
allowed,
-
Private wells and on-site sewage disposal systems may be allowed subject to provincial
regulations,
-
Guest homes, bunkhouses, RV parking and similar uses will not be allowed within the
area of smaller lots used by the pre-existing cottage and cabin development.
(b) Bare-Land Condominium Developments shall be subject to the provisions of Section 3.11.
(c) Mobile Homes shall meet CSA Z240 certification, with units older than 4 years subject to
inspection and Mobile Home Parks shall be subject to the provisions of Section 3.10.
(d) Modular Homes shall meet CSA A277 certification, built within the last 2 years, have a
minimum width of 24 feet and a minimum total area of 700 sq. ft. and secured to a typical
perimeter foundation so that it complies with the Manitoba Building Code
The Town of Minnedosa Zoning By-Law 2567
7
3.4
ACCESSORY USES, BUILDINGS AND STRUCTURES
3.4.1 In the Residential Zones, a permitted accessory use, building or structure includes, but
is not limited to, the following items, subject to the siting limitations of Section 3.6 and
3.7:
(a)
A private garage, carport, covered patio, tool house, shed or other similar
building for the storage of domestic equipment;
(b)
A private swimming pool, greenhouse, garden house, conservatory, child's
playhouse or child's play structure;
(c)
A home based business, subject to the provisions of Section 3.5;
(d)
Sidewalks, fences, decks, patios, retaining walls, gazebos, statuary, flagpoles,
lighting fixtures, trees, shrubs and similar landscaping features;
(e)
Accessory off-street parking areas as required and regulated in Section 3.8;
(f)
Antennas, satellite dishes, windmills and solar panels;
(g)
Signs, subject to the provisions of Section 7.19;
(h)
Refuse and garbage disposal containers, which in the case of multi-family
dwellings, shall be subject to the approval of the development officer with regard
to location on the site; and
(i)
Private wells and in the case of sites in the "RS-U" and "RLL" Zones, private
sewage disposal systems, subject to the approval of the appropriate provincial
authority.
3.4.2 No accessory building or structure shall be constructed on any site prior to the time of
construction of the principal building, unless the accessory building or structure is
required for the storage of equipment or material needed for the construction of the
principal building. Temporary buildings for storage may be approved under a
temporary use permit.
3.4.3 A maximum of three accessory buildings may be permitted on a residential zoning site.
3.4.4 The maximum size of any one accessory building shall not exceed the lesser of 1000
sq. ft. or 10 percent of the total site area.
3.4.5 Shipping containers of any design or construction are prohibited for use as an
accessory building in residential areas.
3.4.6 Electric and barbed wire fences are prohibited in residential areas.
3.4.7 Outdoor storage of junk items, piles of debris or waste materials (such as wooden
pallets) are all prohibited in residential areas.
3.5
HOME BASED BUSINESSES
Home based businesses shall be subject to the following requirements:
(a)
A home based business shall be approved by development permit.
The Town of Minnedosa Zoning By-Law 2567
8
(b)
A home based business shall be incidental to and subordinate to the residential use of a
dwelling unit or mobile home; and not more than five hundred (500) square feet of floor
area shall be devoted to home based businesses in any dwelling unit or accessory
building thereto;
(c)
A home based business shall not by reason of emission of odour, dust, smoke, noise,
gas, fumes, cinders, light, vibration, refuse matter or water carried wastes become
offensive or obnoxious or create a nuisance beyond any site line;
(d)
There shall be no exterior display, no exterior storage of materials and no other exterior
indication of the home based business or variation of the residential character of the
principal or accessory building, (with the exception of one business sign not exceeding
sixteen (16) square feet in area), unless specifically approved by Council as a conditional
use;
(e)
A home based business shall be carried on entirely within the dwelling unit or within an
accessory building and any exterior operations shall be specifically approved by Council
as a conditional use;
(f)
A home based business shall not cause the generation of undue traffic and congestion in
the neighbourhood;
(g)
A home based business shall be principally conducted by the members of the family
residing in the same dwelling unit; and
(h)
A home based business shall be in compliance with provincial legislation, such as the
Public Health Act.
3.6
RESIDENTIAL BULK REGULATIONS
3.6.1 The Residential Bulk Regulations shall be as set forth in Table 3-2 and shall apply to all
permitted and conditional uses. These regulations are intended to provide for
adequate space for the buildings, vehicular parking, private outdoor recreation areas
and landscaping amenities, as well as to provide for convenient access for vehicles and
pedestrians, for sufficient space for natural light and air to penetrate all windows and
to provide setbacks from site lines as a measure for privacy, maintenance of the
building or structure and fire protection.
3.6.2 Not more than one principal building or principal use and its accessory buildings or
structures shall be permitted on one residential zoning site, with the exception of
mobile homes and modular homes in a mobile home park.
3.6.3 The owner shall maintain the minimum site area, site width, required yards and other
requirements specified herein for any use.
3.6.4 No parcel of land shall be subdivided into sites, unless each site conforms with the bulk
regulations as set forth in Table 3-2.
3.6.5 No required yard shall be reduced below the minimum requirements as set forth in
Table 3-2, unless a variation order is approved by Council.
The Town of Minnedosa Zoning By-Law 2567
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Table 3-2: Residential Bulk Table
PERMITTED AND
CONDITIONAL USES
MINIMUM REQUIREMENTS (a)(b)
Site
Area
(sq. ft.)
Site Width
(ft.)
Front
Yard
(ft.)
Side Yard
(ft.)
Rear Yard
(ft.)
Interior
Corner
Interior
Corner
Accessory Uses, Buildings
and Structures (c)(d)
-
-
-
25(e)
5(g)(h)(i)
(j)(l)
2(k)(l)
Assembly Facilities for
Clubs or Halls (n)
9,000(m)
75
75
25(e)(f)
5(h)(j)
(j)
25
Bed and Breakfast
Establishments and
Boarding, Rooming and
Lodging Houses (n)
9,000(m)
75
75
25(e)(f)
5(g)(h)(j)
(j)
25
Single Dwellings (n)(o)
6,000
50(k)
60(k)
25(e)(f)
5(g)(h)(j)
(j)
25
Two Dwellings (n)(o)(p)
6,000
50(l)
60(l)
25(e)(f)
5(g)(h)(j)(l)
(j)
25
Multiple Dwellings
7,500(q)
75
75
25(e)(f)
5(g)(h)
(j)
25
Modular Homes (n)(o)
6,000(m)
50(m)(k)
60(m)(k)
25(e)(f)
5(g)(h)
(j)
25
Mobile Homes and
Modular Home Sites in
Mobile Home Subdivisions
and Parks
6,000
50
60
20(e)(f)
5(r)
10(r)
10
Day Care Facilities or
Funeral Homes (n)
9,000(m)
75
75
25(e)(f)
5(g)(h)(j)
(j)
25
Parks, Playgrounds and Tot
Lots
2,000
20
20
25(e)
5
(j)
25
Personal Services
6,000
50
60(m)
25(e)(f)
5(g)(h)
(j)
25
Public Utility Buildings
5,000
50
60
25(e)
5(g)(h)
(j)
25
Religious Institutions (n)
10,000(m)
100
100
25(e)(f)
5(g)(h)(j)
(j)
25
Residential Care Facilities
(more than 2 persons) (n)
9,000(m)
75
75
25(e)(f)
5(g)(h)(j)
(j)
25
Senior Citizens' Homes and
Personal Care Homes
10,000
100
100
25(e)(f)
5(h)
(j)
25
The following notations and exceptions form part of Table 3-2:
The Town of Minnedosa Zoning By-Law 2567
10
(a) The minimum floor area of all dwelling units, including modular and mobile homes,
shall be eight hundred (700) sq. ft., except for suites within senior citizens' homes and
personal care homes.
(b) The maximum height for all buildings and structures in all Residential Zones shall be as
follows:
(i.) Maximum of thirty-five (35) ft. for all principal buildings; and
(ii.) Maximum of fifteen (15) ft. for all accessory buildings and structures;
With the exception of flagpoles, antennae and church spires. Refer to Section 10.3 for
definition of building height.
(c) Where an accessory building or structure is attached to the principal building by
features such as foundations, walls or roof systems, the minimum required yards shall
be the same as for the principal building, unless otherwise provided for in Section 3.7.
(d) Detached accessory buildings shall be separated from the principal building and any
other accessory building on the same site by a minimum distance of four (4) feet.
(e) Corner vision triangles shall be maintained at the street corners of all sites located
adjacent to street intersections within all Residential Zones. The corner vision triangle
shall be a triangular area measured ten (10) feet from the street corner of the site
along each site line adjacent to the street. No structure, hedge, shrub or other
landscaping feature which would substantially diminish the visibility of motorists shall
be allowed to exceed a height of three (3) feet within these corner vision triangles.
(f) The minimum required front yard may be adjusted as follows:
(i.) Where the two (2) nearest adjacent dwellings have an existing front yard that is
less than the requirements of Table 3-2, then the required front yard shall be the
average of these existing front yards; and
(ii.) In order to provide for additional flexibility for siting complex buildings, up to
twenty-five (25) square feet of floor area may be allowed to project into the
required front yard, per dwelling unit.
(g) Where an interior site is not adjacent to a lane, one of the side yards shall be a
minimum of ten (10) feet in width, clear of all projections, except eaves and gutters, in
order to accommodate the required vehicular parking space or to provide for vehicular
access to the rear of the site. This requirement shall not apply where a parking space,
garage or carport is located to the side or rear of the principal building or as part of the
principal building.
(h) The minimum required side yard shall be adjusted as follows:
(i.) Where the height of the building is in excess of twenty (20) feet above average
grade, the minimum required interior side yard shall be ten (10) feet; and
(ii.) Where the side wall of the building contains any window in excess of twenty (20)
square feet in area, the minimum required interior side yard shall be ten (10)
feet at that portion of the building which contains the window.
The Town of Minnedosa Zoning By-Law 2567
11
(i) Where the accessory building is located entirely to the rear of the main building the
minimum required interior side yard shall be two (2) feet.
(j) When located on a corner site, the minimum required side yard on the street side of
the site for all principal and accessory buildings and structures shall be fifteen (15%)
percent of the actual site width to a maximum requirement of fifteen (15) feet.
(k) Where there is a public lane provided at the rear of the site, the minimum required
rear yard for an accessory building shall be two (2) feet, except in the case of private
garages where the vehicle door faces the lane, in which case the minimum required
rear yard shall be ten (10) feet.
(l) Notwithstanding footnotes (j) and (k), where the rear yard of a corner site is bordered
by the front yard of an adjacent site to its rear, all accessory buildings and structures
(excluding fences) shall be set back a distance of fifteen (15) feet from the side site line
along the street, within a distance of fifteen (15) feet from the common site line
separating the two sites.
(m) These minimum site area and minimum site width requirements are intended to
establish the standard for new residential subdivisions at the periphery of the
community. Where existing residential lots are being subdivided or developed, the
minimum site area requirement shall be six thousand (6,000) square feet and the
minimum site width requirement shall be fifty (50) feet.
(n) For sites in the "RS-U" Zone, the minimum required site area shall be six thousand
(6,000) square feet in order to accommodate private sewage disposal systems subject
to provincial regulations and the minimum required site width shall be fifty (50) feet
and the minimum required side yard shall be seven and one half (7.5) feet.
(o) For sites in the "RLL" Zone, the minimum required site area shall be two (2) acres, the
minimum required site width shall be two hundred (200) feet, the minimum required
front yard shall be fifty (50) feet (unless otherwise required by the provincial highways
authority) and the minimum required side and rear yards shall be twenty (20) feet.
(p) In the case of two-unit dwellings, each unit may occupy a separate site, in which case
the minimum required site area shall be three thousand, five hundred (3,500) sq. ft.,
the minimum required site width shall be thirty-five (35) ft. and the minimum required
side yard along the party wall shall be zero (0) ft.
(q) The minimum required site area shall be seven thousand five hundred (7,500) square
feet for multiple unit dwellings (with three or four units) and shall increase by an
additional one thousand (1,000) square feet for each additional dwelling unit above 4
dwelling units.
(r) For mobile home sites, there shall be an open space at least twenty (20) ft. by fifty (50)
ft. adjacent to the side of the mobile home containing either the entrance or the main
living room window, to be utilized for household exterior recreational use.
The Town of Minnedosa Zoning By-Law 2567
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3.7
PERMITTED PROJECTIONS AND FEATURES IN REQUIRED YARDS
3.7.1 All required yards specified for any use shall be located on the same site as the use and
shall be maintained as open space. The following features are permitted to be located
in required yards unless otherwise specified:
(a) Open terraces, decks and exterior stair landings, not exceeding a height of four (4)
feet above grade, provided that the following minimum separations are
maintained:
(i.)twenty (20) feet from any front site line;
(ii.)five (5) feet from the side site line on the street side of a corner site; and
(iii.)two and one half (2.5) feet from any interior side site line;
(b) Eaves, gutters, canopies, awnings and other similar building elements, provided
that they do not project any more than two and one half (2.5) feet into any
required yard. Where the minimum required yard for accessory buildings is less
than five (5) feet, eaves and gutters may project to a maximum of fifty percent
(50%) of the minimum required yard;
(c) A canopy or awning over a front stairway or landing may project into a required
front yard, provided that the maximum area of coverage does not exceed one
hundred (100) square feet, the maximum projection into the front yard does not
exceed twelve (12) feet and provided that the stairway or landing is unenclosed by
walls or partial walls;
(d) Chimneys, alcoves, bay windows and similar features provided that they do not
project any more than two and one half (2.5) feet into any required yard and
provided that the maximum floor area of such projecting elements along any one
wall does not exceed sixteen (16) square feet, with the exception of a projection
into a required front yard as provided in Table 3-2 footnote (f);
(e) Uncovered sidewalks and patios, driveways and accessory parking spaces, at grade
level, provided that at least one permanent automobile parking space per dwelling
unit shall be at a location other than the required front yard, for single dwellings
and two dwellings;
(f) Trees, shrubs, trellises, arbours, retaining walls, wheelchair access ramps,
flagpoles, lighting fixtures and similar landscaping features (retaining walls subject
to provisions of Section 7.8);
(g) Fences, walls and hedges, provided that the height of these features does not
exceed:
(i.)three (3) feet within any required front yard; and
(ii.)six (6) feet within any required side yard or within any required rear yard;
(h) Accessory buildings up to fifty (50) square feet in area and up to seven (7) feet in
height may be located within any required rear yard or interior side yard entirely
The Town of Minnedosa Zoning By-Law 2567
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to the rear of the principal building and where the building is larger than fifty (50)
square feet, it shall be in conformance with Table 3-2; and
(i) Signs subject to General Provisions in Section 7.
3.8
PARKING REQUIREMENTS IN RESIDENTIAL ZONES
3.8.1 For all permitted and conditional uses in the Residential zones, accessory off-street
parking shall be provided and maintained in accordance with this section.
3.8.2 Accessory off-street parking spaces shall be provided and maintained in accordance
with Table 3-3.
3.8.3 Accessory off-street parking spaces shall be located on the same site as the use served,
unless a variation order is approved for parking spaces located elsewhere.
3.8.4 Every parking space shall be a minimum width of nine (9) feet and shall be a minimum
length of twenty (20) feet.
Table 3-3: Residential Parking Table
USES
MINIMUM PARKING SPACE
REQUIREMENTS*
Assembly Facilities
1 per 100 sq. ft. of floor area
Boarding, rooming and lodging houses and bed and breakfast
1.0 per suite
Parks, Playgrounds, Tot Lots and Buffer Strips
0
Public utility buildings
1
Single dwellings
1
Mobile and Modular Homes
1
Two dwellings
2
Multiple dwellings containing 3 or more dwelling units
1.5 per dwelling unit
Religious Institutions and Funeral Homes
1 per 10 permanent seats
Senior Citizens' Homes and Personal Care Homes
1 per 3 suites
All other permitted and conditional uses
1
*Note:
Where the computation of the number of required accessory off-street parking
spaces results in a requirement of a fraction of a parking space it shall be counted as
one parking space.
The Town of Minnedosa Zoning By-Law 2567
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3.8.5 Parking areas shall be designed and constructed so that all drainage is directed
towards an existing drainage system along an existing street, lane or other public land
intended for that purpose and shall not direct drainage onto neighbouring private
property.
3.8.6 Where an accessory parking lot requires the use of an internal vehicular circulation
system, the design of the parking lot, including all exits and entrances, shall conform to
the provisions of Section 7.9 and shall be subject to the approval of the Development
Officer.
3.8.7 When a building or structure is enlarged, or a use is changed, the accessory off-street
parking spaces shall be provided for the enlargement, change, or new use, in
accordance with the provisions of this section.
3.8.8 For multiple-family dwellings, accessory parking spaces shall generally be provided at a
location other than the required front yard, unless Council specifically approves the
location of parking spaces within the required front yard.
3.9
MOBILE HOME PARKS
3.9.1 Mobile home parks may be considered for development within any area which is
specifically zoned for mobile home development. New mobile homes shall be eligible
for approval, but mobile homes 4 years or older shall subject to inspection by the
Development Officer/Building Inspector and pre-approval by Council.
3.9.2 Proposals for the development of a mobile home park shall be submitted to Council
for review and shall include information with respect to the following matters:
(a) The proposed arrangement and dimensions of mobile home sites, roadways,
buffers and other areas;
(b) The proposed location of all service networks, including water supply and sewage
piping systems, energy distribution (hydro and natural gas) and telephone services,
as well as street lighting and other features;
(c) Proposed site grading and drainage systems; and
(d) Any other matter the Council considers relevant to the proposed development.
3.9.3 Mobile home parks shall conform with the following criteria:
(a) The size and dimensions of each mobile home space shall conform with the
requirements of Table 3-2;
(b) The minimum width of a right-of-way for a roadway shall be fifty (50) feet and the
roadway system shall conform with generally recognized engineering and planning
standards; and
(c) A perimeter buffer with a double row of trees and at least twenty (20) feet in width
shall be established around the mobile home park.
3.9.4 Every mobile home space in a mobile home park shall be developed in accordance
with the following:
The Town of Minnedosa Zoning By-Law 2567
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(a) Approved service connections shall be provided to The Town of Minnedosa water
and sewer systems;
(b) A maximum of one mobile home is allowed on each mobile home space;
(c) An approved base support shall be provided for the mobile home;
(d) Approved service connections to other utilities and services shall be provided;
(e) A minimum of one on-site parking space shall be provided for each mobile home;
(f) Solid skirting designed to match the décor of the mobile home, shall be provided
and maintained in a satisfactory condition; and
(g) Additions shall be designed to match the décor of the mobile home.
3.9.5 Accessory buildings, structures and uses shall be permitted and governed by other
provisions of this Part and the mobile home space boundaries shall be deemed to be
site lines for the purposes of establishing required yards for accessory buildings and
structures.
3.10
BARE-LAND CONDOMINIUMS
3.10.1 Bare-land condominium developments may be considered within any area which is
zoned "RM" Residential Multiple Dwelling Zone, subject to the specific approval of
Council.
3.10.2 Proposals for bare-land condominium development, including a concept plan, shall be
submitted to Council for review and shall include information with respect to the
following matters:
(a) The proposed arrangement and dimensions of building lots, roadways, buffers and
other areas;
(b) The proposed location of all service networks, including water supply and sewage
piping systems, energy distribution (hydro and natural gas) and telephone services,
as well as street lighting and other features;
(c) Proposed site grading and drainage systems; and
(d) Any other matter the Council considers relevant to the proposed development.
3.10.3 Roadways within a bare-land condominium development shall have a minimum right-
of-way width of twenty-five (25) feet.
3.10.4 The following special setback requirements shall govern the development of a bare-
land condominium development:
(a) The boundary of each bare-land condominium unit which abuts the private access
roadway or public street shall be deemed to be a front site line, the dwelling shall
be set back a minimum distance of twenty (20) feet from the front site line and this
space shall be deemed to be a required front yard;
(b) The boundary of each bare-land condominium unit which is generally opposite to
and most nearly parallel with the front site line described above shall be deemed
The Town of Minnedosa Zoning By-Law 2567
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to be a rear site line, the dwelling shall be set back a minimum distance of twenty
(20) feet from the rear site line and this space shall be deemed to be a required
rear yard; and
(c) Other unit boundaries within a bare-land condominium are deemed to be side site
lines and where two or more dwelling units are connected by a party wall or other
major structural element, the setback requirement shall be zero (0) feet along the
common boundary, otherwise, the dwelling shall be set back a distance of five (5)
feet from the side site line. This space shall be deemed to be a required side yard,
except where the said side yard is a corner side yard, which shall be a minimum of
ten (10) feet in width.
3.10.5 Every bare-land condominium dwelling unit shall be developed in accordance with the
following:
(a) Approved service connections shall be provided to The Town of Minnedosa water
and sewer systems;
(b) Approved service connections to other utilities and services (such as electrical and
communications) shall be provided; and
(c) A minimum of one on-site parking space shall be provided for each dwelling unit.
3.10.6 Accessory buildings, structures and uses shall be permitted and governed by other
provisions of this Part and the bare-land condominium unit boundaries shall be
deemed to be site lines for the purposes of establishing required yards for accessory
buildings and structures.
3.11
SECONDARY SUITES
3.11.1 SECONDAY SUITES: ATTACHED AND DETACHED
(a) Lots containing secondary suites must contain a minimum of 2 off-street parking
spaces.
(b) An exterior, private amenity space such as a deck or patio shall be provided for the
secondary suite and have a minimum area of 80 sq. ft. and a minimum dimension
of 5.0 ft.
(c) No roof decks are allowed above the living area of a secondary suite.
(d) A secondary suite shall not be utilized as a home based business, a care home or a
neighbourhood rehabilitation home.
(e) For secondary suite approval, the owner must include a site plan with an
application to the Town, which site plan must provide:
(i.)
A lot grading plan
(ii.)
The location and details of the proposed sewer and water connections.
(iii.)
The location and the design of the proposed secondary suite, including
building elevations, floor plans, materials exterior lighting, windows, doors,
balconies, patios, outdoor space, fencing, parking and landscaping.
The Town of Minnedosa Zoning By-Law 2567
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3.11.2 SECONDARY SUITES, ATTACHED
(a)
The principal dwelling is to be occupied by the owner of the property.
(b)
Not more than 1 Attached Secondary Suite shall be permitted within a principal
dwelling.
(c)
The maximum size of an Attached Secondary Suite may be no more than 33
percent of the living area of the dwelling or 800 square feet, whichever is less.
(d)
The applicable yard requirements and setbacks for the principal building will
apply to any building enlargement for the secondary suite.
3.11.3 SECONDARY SUITES, DETACHED
(a)
The minimum site area for a Detached Secondary Suite shall be no less than
5000 square feet.
(b)
The maximum floor area of the Detached Secondary Suite shall be no more
than 800 square feet.
(c)
The minimum floor area of the Detached Secondary Suite shall be no less than
350 square feet.
(d)
The Detached Secondary Suite must contain a minimum separation distance
from the principal building of 10 feet.
(e)
The minimum front yard and side yard setbacks for a detached secondary suite
shall be the same as for the principal dwelling.
(f)
The minimum rear yard setback shall be 5 feet for that portion of the accessory
building used as a detached secondary suite.
(g)
Subdivision of land which results in a separate land title for the detached
secondary suite will not be permitted.
The Town of Minnedosa Zoning By-Law 2567
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4.
PART 4 - COMMERCIAL AND INDUSTRIAL ZONES
4.1
INTENT AND PURPOSE
The Commercial Zones and Industrial Zones established in this By-Law are primarily intended to
provide areas for various types of commercial and industrial development, and to regulate
development within these areas.
4.2
ZONES
4.2.1 "CC" Commercial (Central) Zone - This zone provides for appropriate land in the Town's
central business area to allow it to be multi-functional in nature, and to develop as the
most intensive retail, business, social, cultural and administrative area of the Town.
4.2.2 "CH" Commercial (Highway) Zone - This zone provides for appropriate land at suitable
locations to accommodate those businesses requiring large site areas and/or providing
retail services adjacent to major transportation routes to serve the needs of the
travelling public.
4.2.3 "CA" Commercial (Agro) Zone - This zone provides for appropriate land at suitable
locations for the development of commercial businesses which provide goods and
services to agricultural producers. Other compatible commercial or industrial
developments may also be allowed in this zone.
4.2.4 "ML" Industrial (Light) Zone - This zone provides land for the development of
warehouse and other low impact industrial uses that are reasonably compatible with
nearby residential, commercial, or institutional uses. Industrial uses are permitted
which carry on their operations in such a manner that no significant nuisance factor is
created or emitted.
4.2.5 "MH" Industrial (Heavy) Zone - This zone provides for a wide range of industrial uses
where a certain level of nuisance factor must be accepted as characteristic of the use.
Wherever possible, these uses should be located in such a way as to minimize any
detrimental effect on other uses of land.
4.3
PERMITTED AND CONDITIONAL USES
4.3.1 Table 4-1 lists all uses that are permitted or conditional in the Commercial Zones and
Industrial Zones.
4.3.2 No land shall be used or occupied and no building or structure shall be erected,
relocated, altered, enlarged, used or occupied hereafter for any use in any Commercial
Zone or in any Industrial Zone other than a use listed as permitted or conditional in
Table 4-1.
4.3.3 In addition to the provisions of this By-Law, various industrial operations may require
an assessment under the Environment Act.
The Town of Minnedosa Zoning By-Law 2567
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Table 4-1: Commercial and Industrial Use Table
LIST OF USES
Legend:
P: Permitted
C: Conditional
NP: Not Permitted
ZONES
CC
CH
CA
ML
MH
Accessory Uses, Buildings and Structures, listed below:
-
-
-
-
-
- Accessory accommodations for railway employees
P
P
P
P
P
- Accessory accommodations within an approved commercial or
industrial building, for a caretaker or watchman
P
NP
NP
P
NP
- Accessory accommodations for a caretaker or watchman
P
P
P
P
C
- Accessory Processing or Fabrication Facilities, non- hazardous,
when incidental to a permitted use or approved conditional use
NP
NP
NP
NP
C
- Accessory Processing or Fabrication Facilities, involving
hazardous or toxic materials, including chemicals or plastics
processing
P
P
P
P
P
- Accommodations Facilities, including Hotels and Motels
C
C
C
C
C
Advertising Signs (Billboards) to be approved by Council resolution
P
P
C
NP
NP
Agricultural Related:
-
-
-
-
-
- Agricultural Chemical Supply, Storage and Distribution Facilities
NP
NP
C
C
C
- Agricultural Implements, Equipment or Structures, Sales and
Service
NP
NP
P
C
P
- Agricultural Produce Processing Facilities, including
Abattoirs, Dairies, Distilleries, Feed Mills, or Flour Mills
NP
NP
NP
C
P
- Agricultural Produce Storage Facilities, including Grain Elevators
or Terminals, and Agricultural Warehouses
NP
NP
NP
C
P
- Agricultural Supply Businesses not described elsewhere in this
Table (See Storage, Warehousing for Agricultural Chemicals)
C
C
P
C
P
- Nurseries or Greenhouses
C
C
P
P
P
Animal Care Facilities:
-
-
-
-
-
- Boarding Facilities, including kennels and pounds
NP
NP
C
C
P
- Grooming and other similar services
P
P
P
C
NP
- Veterinary Clinics
NP
NP
P
C
P
Assembly Facilities, including Auditoriums, Community Centres,
P
C
P
P
P
The Town of Minnedosa Zoning By-Law 2567
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LIST OF USES
Legend:
P: Permitted
C: Conditional
NP: Not Permitted
ZONES
CC
CH
CA
ML
MH
Clubs and Halls
Auction Sales Facilities (excluding livestock facilities)
C
C
P
C
NP
Automotive, including Automobiles, Trucks, Trailers and
Recreational Vehicles (boats, motorcycles, snowmobiles):
-
-
-
-
-
- Body Shops
C
C
P
P
P
- Sales Facilities
P
P
P
P
P
- Service Stations
P
P
P
P
P
- Specialty Shops, including Parts Supply and Tires
P
P
P
P
NP
- Washing Establishments
C
P
P
P
NP
- Wrecking Establishments
NP
NP
NP
C
C
Building and Construction Related:
-
-
-
-
-
- Building Contractors' Establishments, including Plumbers or
Electricians Service Shops
C
C
C
P
P
- Building Supply Sales, including Lumber Yards
P
P
P
P
P
- Excavating Contractors or Ready-Mix Concrete Supply
NP
NP
NP
C
P
- Fabrication Facilities for Building Components, including cabinets
and windows
NP
C
C
P
P
- Prefabrication Establishments for buildings, including Ready-to-
Move Houses
C
C
C
C
P
Cleaning Establishments, including Dry Cleaners or Laundromats
P
P
C
NP
NP
Clinics or Laboratories, Dental, Medical or Optical
P
P
NP
NP
NP
Convenience Stores
P
P
P
NP
NP
Cultural Facilities, including art galleries, libraries, and museums
P
NP
NP
NP
NP
Drive-In Establishments (including restaurants)
C
P
P
NP
NP
Food or Beverage Service Establishments, including Restaurants
(excluding Drive-In establishments)
P
P
P
C
C
Food Processing Establishments, including Bakeries
P(a)
C
C
C
P
Financial Institutions, including Banks and Credit Unions
P
NP
NP
NP
NP
The Town of Minnedosa Zoning By-Law 2567
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LIST OF USES
Legend:
P: Permitted
C: Conditional
NP: Not Permitted
ZONES
CC
CH
CA
ML
MH
Fuels, Bulk, Sales and Storage
NP
NP
NP
NP
P
Gravel Pits
NP
NP
NP
NP
C
Machine Shops or Welding Shops
NP
C
P
C
P
Manufacturing, Fabricating or Processing Establishments:
-
-
-
-
-
- For Non-hazardous materials
NP
C
C
C
P
- For Chemicals, Plastics or Hazardous materials,
NP
NP
NP
NP
C
Offices, including Business, Professional, Health Care or
Governmental (including Court Houses)
P
C
NP
NP
NP
Newspaper or Printing Establishments
P
C
C
P
P
Personal Service Shops, Barber Shops, Beauty Parlours and similar
uses
P
C
C
NP
NP
Group Child Care Facilities
C
C
C
NP
NP
Funeral Homes
P
P
NP
NP
NP
Instruction Services
P
C
C
C
NP
Public Utilities, Public Services and Public Works:
-
-
-
-
-
- Fire or Police Stations
P
P
C
NP
NP
- Public Utility Buildings
C
C
P
P
P
- Maintenance Compounds for Equipment or Vehicles
C
NP
NP
C
P
- Treatment Plants for Water Supply or Sewage Disposal Systems
C
NP
NP
P
P
- Water Supply Reservoirs
C
NP
NP
P
P
Recreation and Entertainment:
-
-
-
-
-
- Arcades and Similar Amusement Enterprises
P
C
C
NP
NP
- Billiard Parlours and Bowling Alleys
P
P
NP
NP
NP
- Indoor facilities, including ice hockey arenas
P
C
NP
NP
NP
- Miniature Golf Courses
C
P
NP
NP
NP
- Parks and Buffer Areas
P
P
P
P
P
- Theatres and Cinemas
P
C
NP
NP
NP
The Town of Minnedosa Zoning By-Law 2567
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LIST OF USES
Legend:
P: Permitted
C: Conditional
NP: Not Permitted
ZONES
CC
CH
CA
ML
MH
Recycling, Scrap or Salvage Facilities
NP
NP
C
C
C
Religious Institutions, including Churches and Church Halls
P
C
C
NP
NP
Residential Uses:
-
-
-
-
-
- Residential apartments, dwelling units or suites above the main
floor or in the rear portion of the main floor of a principal
building
P
P
NP
NP
NP
- Existing Single-Family Dwellings
C(b)
C
C
NP
NP
- Multiple-Family Dwellings
C
NP
NP
NP
NP
Retail Establishments, including Grocery Stores, Hardware Stores,
Furniture Stores, and sales of other commodities not listed
elsewhere on this Table, provided all storage areas are within a
building
P
C
NP
NP
NP
Service and Repair Shops, including appliance repair
P
P
P
P
P
Storage, Warehousing, and/or Distribution Facilities:
-
-
-
-
-
- Storage Facilities, Outdoor, for hazardous materials or products
(including bulk agricultural chemicals)
NP
NP
NP
C
C
- Storage, Warehousing, and/or Distribution Facilities for non-
hazardous materials or products
NP
NP
P
P
P
Studios, arts, broadcasting or photographic
P
P
NP
NP
NP
Transportation Related:
-
-
-
-
-
- Bus Depots or Terminals
P
P
P
C
NP
- Bus Storage Facilities
C
NP
NP
P
P
- Courier or Taxi Services
P
P
P
C
NP
- Parking Lots or Parking Structures
P
P
P
P
P
- Railway Freight and Marshalling Yards and Service Buildings
NP
NP
NP
C
P
- Truck Terminals
NP
NP
P
C
P
- Truck Wash Facilities (for large trucks)
NP
NP
P
C
P
The Town of Minnedosa Zoning By-Law 2567
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The following footnotes form part of Table 4-1:
(a) Where the floor area exceeds five thousand (5,000) square feet, the use shall be deemed a
conditional use.
(b) Where an existing single-family dwelling is removed or destroyed, it may be replaced by
another single-family dwelling, provided that a conditional use order is approved by
Council, and provided that it will be in compliance with the bulk requirements of Sections
3.6 and 3.7.
4.4
ACCESSORY USES, BUILDINGS AND STRUCTURES
In the Commercial and Industrial Zones, a permitted accessory use, building or structure
includes, but is not limited to, the following:
(a) Land, buildings or structures used for the storage of goods customarily offered for sale in
connection with a permitted or conditional commercial use, subject to the provisions of
Section 4.5;
(b) Land, buildings or structures used for the storage of goods or equipment required for or
produced by any manufacturing process in connection with a permitted or conditional
industrial use, subject to the provisions of Section 4.5;
(c) Facilities for incidental processing, cleaning, servicing, altering, testing or repair of
merchandise normally offered for sale in connection with a permitted or conditional
commercial or industrial use;
(d) Business or administrative offices associated with the principal use;
(e) Accessory off-street parking and loading facilities as required in Section 4.8;
(f) Tanks and related structures for the storage and dispensing of fuels in conjunction with
any business establishment involved with retail fuel sales, or in conjunction with any fleet
of vehicles subject to any provincial approvals;
(g) Sidewalks, fences, decks, patios, retaining walls, gazebos, statuary, flagpoles, lighting
fixtures, trees, shrubs and other landscaping features;
(h) Signs, subject to the provisions of Section 7;
(i) In the case of a permitted residential use, those accessory uses, buildings and structures
as provided in Section 3.4;
(j) Antennas, including satellite dish antennas, windmills and solar panels;
(k) Refuse and garbage disposal containers, which shall be subject to the approval of the
Development Officer with regard to location on the site; and
(l) Private wells, and in the case of unserviced sites, private sewage disposal systems, subject
to the approval of the appropriate provincial authority.
4.5
ACCESSORY EXTERIOR DISPLAY, STORAGE, AND PROCESSING
4.5.1 Exterior display areas for products sold by a business may be allowed in any Commercial
The Town of Minnedosa Zoning By-Law 2567
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Zone or any Industrial Zone, provided that:
(a) Such display areas do not create a safety hazard or obstruct the visibility of
pedestrians or motorists, in the opinion of Council;
(b) Such display areas do not create an unusual hazard such as fire, or other nuisance
to neighbouring properties;
(c) Such display areas are maintained in a neat and tidy condition, and do not become
overgrown with weeds or have accumulations of rubbish or debris; and
(d) Such areas do not reduce the amount of parking or loading space required by the
provisions of Section 7.9
4.5.2 Exterior storage areas for industrial equipment and bulk commodities shall not occur
within any required front yard or required corner side yard.
4.5.3 In the "CC" Commercial (Central) Zone, exterior storage areas for equipment and bulk
commodities shall be enclosed by a fence at least 6 feet in height.
4.5.4 Exterior processing operations which generate significant amounts of noise or other
nuisance shall not be allowed in the "CC" Commercial (Central) Zone, the "CH"
Commercial (Highway) Zone or the "ML" Industrial (Light) Zone.
4.6
COMMERCIAL AND INDUSTRIAL BULK REGULATIONS
4.6.1 The Commercial and Industrial Bulk Regulations shall be as set forth in Table 4-2 and
shall apply to all permitted and conditional uses. These regulations are intended to
ensure that the site area, site width and yards will be adequate to allow space for the
buildings as well as parking and loading areas appropriate for each zone.
4.6.2 Where more than one principal building, structure or use is to be developed on a site,
each building, structure or use shall conform with the requirements of this By-Law, as if
it existed on a separate site.
4.6.3 In the case of multi-tenant buildings, such as commercial malls, the minimum required
site area and minimum required site width shall be the total of the requirements for
each use in the building, and the minimum required yards shall be those for the most
restrictive use. The minimum required interior side yard shall be zero (0) feet where
multi-tenant uses occupy one building.
4.6.4 The owner shall maintain the minimum site area, site width, required yards and other
requirements specified herein for any use.
4.6.5 No parcel of land shall be subdivided into sites, unless each site conforms with the bulk
regulations as set forth in Table 4-2.
4.6.6 No required yard shall be reduced below the minimum requirements as set forth in
Table 4-2, unless a variation order is approved by Council.
The Town of Minnedosa Zoning By-Law 2567
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Table 4-2: Commercial and Industrial Bulk Table
PERMITTED AND
CONDITIONAL USES
MINIMUM REQUIREMENTS(a)(b)
Site Area
(sq.ft.)
Site
Width
(ft.)
Front Yard
(ft.)
Side Yard
(ft.)
Rear
Yard
(ft.)
Accessory Uses, Buildings and
Structures (c)
-
-
(d)(e)(f)(g)
5(d)(f)(g)(h)(i)
5(f)(g)(i)
Accommodations Facilities including
Hotels and Motels
20,000
100
25(e)
15
15
Agricultural Implements, Equipment or
Structures: Manufacture or Sales and
Service
40,000
150
75(e)(j)
15
15
Automobile Service Stations
10,000
100
50(e)
15
15
Building Materials Sales
20,000
150
75(e)(j)
15
15
Truck Terminals
40,000
150
75(e)(j)
15
15
All Other Permitted or Conditional Uses
in the "CC" Commercial (Central) Zone
3,000
25
0
0(k)
25(l)
All Other Permitted or Conditional Uses
in the "CH" Commercial (Highway) Zone
20,000
100
75(e)(j)
15
15
All Other Permitted or Conditional Uses
in the "CA" Commercial (Agro) Zone
20,000
100
75(e)(j)
15
15
All Other Permitted or Conditional Uses
in the "ML" Industrial (Light) Zone
10,000
100
25(e)(f)
5(f)(i)(m)
5(f)(i)
All Other Permitted or Conditional Uses
in the "MH" Industrial (Heavy) Zone
30,000
100
75(e)(f)(j)
15(f)
15(f)
The following notations and exceptions form part of Table 4-2:
(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-five (35) 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) Where an accessory building or structure is attached to the principal building by features
such as foundations, walls or roof systems, the minimum required yards shall be the same
as for the principal building.
The Town of Minnedosa Zoning By-Law 2567
26
(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
for the principal building or structure.
(e) Corner vision triangles shall be maintained at the street corners of all sites located
adjacent to street intersections within all Commercial Zones and all Industrial Zones,
except the "CC" Commercial (Central) Zone. The corner vision triangle shall be a triangular
area measured ten (10) feet from the street corner of the site along each site line adjacent
to the street. No structure, hedge, shrub or other landscaping feature which would
substantially diminish the visibility of motorists shall be allowed to exceed a height of
three (3) feet within these corner vision triangles.
(f) Where buildings are to be developed adjacent to a railway line and require proximity to
the railway for loading or unloading of supplies or products, the required yard adjacent to
the railway shall be zero (0) feet.
(g) Gasoline pumps shall have a minimum setback of fifteen (15) feet from any site line and
ten (10) feet from any building.
(h) Within the "CC" Central (Commercial) Zone, the minimum required side yard for accessory
buildings and structures shall be zero (0) feet, notwithstanding any other provision of this
By-Law.
(i) Where the boundary of a site in the "CH", "ML", or "MH" zones 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.
(j) Where all of the required parking and loading spaces are provided elsewhere on the site,
the minimum required front yard shall be twenty-five (25) feet.
(k) The side site line may be located within a party wall or other joint wall system, but where
an interior side yard is provided, it shall be a minimum width of four (4) feet.
(l) The required 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.
(m)
Where there is no lane, one of the required side yards shall be a minimum of fifteen
(15) feet in width to provide for vehicular access to the rear of the site or accommodate
loading facilities and incidental exterior storage of materials.
4.7
PERMITTED PROJECTIONS AND FEATURES IN REQUIRED YARDS
All required yards specified for any use shall be located on the same site as the use and shall be
maintained as open space. The following features are permitted to be located in required yards
unless otherwise specified:
(a) Parking and loading areas as required and regulated by Section 7.9;
(b) Exterior display, storage or processing areas, subject to the provisions of Section 4.5;
(c) Fences and walls provided that the height of these features does not exceed:
The Town of Minnedosa Zoning By-Law 2567
27
(i.) three (3) feet above grade in any required front yard or in any required corner side
yard, and does not exceed eight (8) feet above grade in any required rear yard or in
any required interior side yard within any Commercial Zone; and
(ii.) eight (8) feet above grade within any required yard in any Industrial Zone;
(d) Signs subject to the provisions of Section 7.19;
(e) Open terraces and decks, and exterior stairs and landings, not exceeding a height of four
(4) feet above grade, provided that the following minimum separations are maintained in
all zones except the "CC" Commercial (Central) Zone:
(i.) twenty (20) feet from any front site line;
(ii.) five (5) feet from any side site line; and
(iii.) five (5) feet from any rear site line;
(f) Eaves, gutters, canopies, awnings, and other similar building elements, provided that they
do not project any more than two and one half (2.5) feet into any required yard. Where
the minimum required yard for accessory buildings is less than five (5) feet, eaves and
gutters may project to a maximum of fifty percent (50%) of the minimum required yard;
(g) Chimneys, alcoves, bay windows and similar features provided that they do not project
any more than two and one half (2.5) feet into any required yard, and provided that the
maximum floor area of such projecting elements along any one wall does not exceed
sixteen (16) square feet;
(h) Uncovered sidewalks and patios, driveways and accessory parking spaces at grade level;
and
(i) Trees, shrubs, trellises, arbours, retaining walls, wheelchair access ramps, flagpoles,
lighting fixtures, and similar landscaping features. (Retaining walls subject to provisions of
Section 7.8.)
4.8
COMMERCIAL AND INDUSTRIAL PARKING AND LOADING
4.8.1 For all permitted and conditional uses in the Commercial and Industrial Zones, accessory
off-street parking and loading shall be provided and maintained in accordance Table 4-3
and the provisions of this Section.
4.8.2 Where a development consists of more than one use, the minimum number of parking
spaces required shall be the total of the requirements for each use, and in the case of
multi-tenant buildings such as commercial malls, the minimum number of parking and
loading spaces provided shall be the total of the requirements for each tenant in the
building.
4.8.3 All required permanent accessory off-street parking spaces shall be located on the same
site as the use served, unless a variation order is approved for parking spaces located
elsewhere.
4.8.4 Every parking space shall be a minimum width of nine (9) feet and shall be a minimum
length of twenty (20) feet.
The Town of Minnedosa Zoning By-Law 2567
28
4.8.5 Parking areas shall be designed and constructed so that all drainage is directed
towards an existing drainage system along an existing street, lane or other public land
intended for that purpose, and shall not direct drainage onto neighbouring private
property.
4.8.6 Where an accessory parking lot requires the use of an internal vehicular circulation
system, the design of the parking lot, including all exits and entrances, shall conform to
the provisions of Section 7.9, and shall be subject to the approval of the Development
Officer.
4.8.7 When a building or structure is enlarged, or a use is changed, the accessory off-street
parking spaces shall be provided for the enlargement, change, or new use, in accordance
with the provisions of this section.
4.8.8 For all permitted and conditional uses in the Commercial and Industrial Zones, except
the "CC" Commercial (Central) Zone, a minimum of one off-street loading space shall
be provided and shall be a minimum of twelve (12) feet by sixty (60) feet, with access
to a street or lane. Within the "CC" Commercial (Central) Zone, a minimum of one off-
street loading space, measuring twelve (12) feet by twenty (20) feet and directly
accessible from a street or lane, shall be provided for each building which exceeds one
thousand (1,000) square feet in floor area.
Table 4-3: Commercial and Industrial Parking Table
USES
MINIMUM PARKING SPACE REQUIREMENTS (a)
Accommodations Facilities, including Motels
and Hotels
1 per individual suite or room unit(b) plus 1 per
each employee
Assembly Uses, including Auditoriums,
Religious Institutions and similar facilities
1 per every 10 seats(b)
Food and Beverage Service Establishments,
including Coffee Shops, Restaurants or
Beverage Rooms
1 per every 4 seats in the customer service
area(b)
Residential Apartments, Dwelling Units or
Suites
1 per dwelling unit or suite
All Other Permitted and Conditional Uses in
the "CH" Commercial (Highway) Zone
1 space per employee plus 1 space per 500 sq.ft.
of floor area
All Other Permitted and Conditional Uses in
the "CA" Commercial (Agro) Zone
1 space per employee plus 1 space per 500 sq. ft.
of floor area
All Other Permitted and Conditional Uses in
the "ML" Industrial (Light) Zone
1 space per employee plus 1 space per 500 sq.ft.
of floor area(c)
All Other Permitted and Conditional Uses in
the "MH" Industrial (Heavy) Zone
1 space per employee plus 1 space per 2,000
sq.ft. of floor area(c)
The following footnotes form part of Table 4-3:
The Town of Minnedosa Zoning By-Law 2567
29
(a) Where the computation of the number of required accessory off-street parking spaces
results in a requirement of a fraction of a parking space, it shall be counted as one parking
space.
(b) These requirements do not apply to uses within the "CC" Commercial (Central) Zone.
(c) Where a facility has employees working on a shift basis, the minimum parking
requirement shall be one hundred fifty (150%) percent of the required parking space
requirement for the shift involving the most employees.
The Town of Minnedosa Zoning By-Law 2567
30
5.
PART 5 - INSTITUTIONAL AND OPEN SPACE/RECREATIONAL ZONES
5.1
INTENT AND PURPOSE
The Institutional Zone and Open Space/Recreational Zone established in this By-Law are
intended to accommodate various institutional, open space, and recreational developments,
and to regulate development within these areas.
5.2
ZONES
5.2.1 "I" Institutional Zone - This Zone is primarily intended to accommodate major
institutional facilities in the community, including schools and hospitals.
5.2.2 "OR" Open Space/ Recreational Zone - This Zone is primarily intended to provide areas
of land for the purpose of accommodating the present and future requirements of
community recreation facilities, to provide a buffer between incompatible land uses,
and to preserve areas deemed to be unsuitable for intensive development.
5.3
PERMITTED AND CONDITIONAL USES
5.3.1 Table 5-1 lists all uses that are permitted or conditional in the Institutional and Open
Space/Recreational Zones.
5.3.2 No land shall be used or occupied and no building or structure shall be erected,
relocated, altered, used, enlarged or occupied hereafter for any use in any Institutional
Zone or Open Space/Recreational Zone other than a use listed as permitted or
conditional in Table 5-1.
Table 5-1: Institutional and Open Space/Recreational Use Table
LIST OF USES
Legend:
P: Permitted
C: Conditional
NP: Not Permitted
ZONES
I
OR
Accessory Uses, Buildings and Structures
P
P
Assembly Facilities, including Auditoriums, Community Halls,
Grandstands, Clubs, Halls, Drop-In Centres, Fitness Centres
and similar uses
P
P
Cemeteries, Public
NP
P
Clinics or Laboratories, Dental, Medical or Optical
P
NP
Cultural Facilities, including Art Galleries, Libraries and
Museums
P
P
Exhibition Grounds
NP
P
Group Day Care Facilities
P
C
The Town of Minnedosa Zoning By-Law 2567
31
LIST OF USES
Legend:
P: Permitted
C: Conditional
NP: Not Permitted
ZONES
I
OR
Hospitals
P
NP
Institutions such as Personal Care Homes, Senior Citizens'
Homes, Convalescent Homes and similar uses
P
NP
Offices, Governmental or Health Care and Court Houses
P
NP
Parks, Natural Areas and Buffer Areas
P
P
Public Utilities, Public Services and Public Works
-
-
- Fire or Police Stations
P
NP
- Public Utility Buildings
P
P
- Maintenance Compounds for Equipment or Vehicles
NP
C
- Treatment Plants for Water Supply or Sewage Disposal
(excluding lagoons)
NP
P
- Water Supply Reservoirs
NP
P
Recreational Facilities, including Arenas, Athletic Fields, Golf
Courses, Campgrounds and Playgrounds
NP(a)
P
Archery or Firearms Clubs or Ranges
NP
C
Religious Institutions, including churches, chapels, temples,
church halls and church educational facilities
P
C
Schools, Private or Public
P
NP
Telecommunications Towers
NP
C
The following footnote forms part of Table 5-1:
(a)
Recreational Facilities are "Permitted" in school sites.
5.4
ACCESSORY USES, BUILDINGS AND STRUCTURES
In the Institutional Zone and Open Space/Recreational Zone, an accessory use, building or
structure includes, but is not limited to, the following:
(a) 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) Accessory commercial uses, such as restaurants, cafeterias, concession stands and pro
shops, related to a permitted or conditional use;
The Town of Minnedosa Zoning By-Law 2567
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(c) Accessory off-street parking as required in Section 5.7;
(d) Signs as provided in Section 7.19;
(e) Sidewalks, fences, decks, patios, retaining walls, gazebos, statuary, flagpoles, lighting
fixtures, trees, shrubs and other landscaping features;
(f) Antennas, including satellite dish antennas, windmills and solar panels;
(g) Refuse and garbage disposal containers, which shall be subject to the approval of the
Development Officer with regard to location on the site;
(h) Private wells, and in the case of unserviced sites, private sewage disposal systems,
subject to the approval of the appropriate provincial authority;
(i) An accessory dwelling unit as part of an institutional or recreational building; and
(j) Where the property contains a dwelling unit, those accessory buildings, structures and
uses normally accessory to a residential use, as provided in Section 3.4.
5.5
INSTITUTIONAL AND OPEN SPACE/RECREATIONAL BULK REGULATIONS
5.5.1 The Institutional and Open Space/Recreational Bulk Regulations shall be as set forth in
Table 5-2 and shall apply to all permitted and conditional uses.
5.5.2 Where more than one principal building, structure or use is to be developed on a site,
each building, structure or use shall conform with the requirements of this By-Law, as if
it existed on a separate site.
Table 5-2: Institutional and Open Space/Recreational Bulk Table
PERMITTED OR CONDITIONAL USES
MINIMUM REQUIREMENTS(a)
Site Area
(sq. ft.)
Site Width
(ft.)
Front
Yard
(ft.)
Side
Yard
(ft.)
Rear
Yard
(ft.)
Accessory uses, Buildings and Structures
-
-
25(b)
(c)
(c)
All permitted and conditional uses in the
"I" Institutional Zone
10,000
100
25(b)
15
25
All permitted and conditional uses in the
"OR" Open Space/Recreational Zone
20,000(d)
100(d)
25(b)
15
25
The following footnotes form part of Table 5-2:
(a) The maximum height of all buildings and structures shall be thirty-five (35) feet, with
the exception of features such as antennas, chimneys and church spires.
(b) Corner vision triangles shall be maintained at the street corners of all sites located
adjacent to street intersections within the Institutional Zone and Open
The Town of Minnedosa Zoning By-Law 2567
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Space/Recreational Zone. The corner vision triangle shall be a triangular area
measured ten (10) feet from the street corner of the site along each site line adjacent
to the street. No structure, hedge, shrub or other landscaping feature which would
substantially diminish the visibility of motorists shall be allowed to exceed a height of
three (3) feet within these corner vision triangles.
(c) In the case of accessory buildings or structures, the minimum required side yard and
the minimum required rear yard shall be five (5) feet. Where an accessory building or
structure is attached to the principal building by features such as foundations, walls or
roof systems, the minimum required yards shall be the same as for the principal
building.
(d) There shall be no minimum required site area or minimum required site width for
features such as buffers and open space areas along roadways and river systems.
5.5.3 The owner shall maintain the minimum site area, site width, required yards and other
requirements specified herein for any use.
5.5.4 No land shall be subdivided into sites, unless each site conforms with the bulk
regulations as set forth in Table 5-2.
5.5.5 No required yard shall be reduced below the minimum requirements as set forth in
Table 5-2, unless a variation order is approved by Council.
5.6
PERMITTED PROJECTIONS AND FEATURES IN REQUIRED YARDS
All required yards specified for any use shall be located on the same site as the use and shall be
maintained as open space. The following features are permitted to be located in yards unless
otherwise specified:
(a) Parking areas as required in Section 5.7, except that parking areas within one hundred and
fifty (150) feet of the Little Saskatchewan River shall be subject to the prior approval of
Council;
(b) Fences and walls provided that the height of these features does not exceed three (3) feet
above grade in any required front yard or in any required corner side yard, and does not
exceed eight (8) feet above grade in any required rear yard or in any required interior side
yard;
(c) Signs subject to the provisions of Section 7.19;
(d) Open terraces and decks, and exterior stairs and landings, not exceeding a height of four
(4) feet above grade, provided that a minimum separation of fifteen (15) feet from any
front or rear site line is maintained, and a minimum separation of five (5) feet from any
side site line is maintained;
(e) Eaves, gutters, canopies, awnings, and other similar building elements, provided that they
do not project any more than two and one half (2.5) feet into any required side or rear
yard, and four (4) feet in the required front yard;
(f) A canopy or awning over an entrance sidewalk or stairway may be provided and may be
allowed to project to the front site line, provided that it does not exceed a width of ten
The Town of Minnedosa Zoning By-Law 2567
34
(10) feet, and provided that the sheltered area is open and not enclosed with any kind of a
wall structure;
(g) Chimneys, alcoves, bay windows and similar features provided that they do not project
any more than four (4) feet into any required yard, and provided that the maximum floor
area of such projecting elements along any one wall does not exceed fifty (50) square feet;
(h) Uncovered sidewalks and patios, driveways and accessory parking spaces at grade level;
and
(i) Trees, shrubs, trellises, arbours, retaining walls, wheelchair access ramps, flagpoles,
lighting fixtures, and similar landscaping features.
5.7
PARKING
5.7.1 For all permitted and conditional uses in the Institutional Zones and Open
Space/Recreational Zones, accessory off-street parking shall be provided and
maintained in accordance with Table 5-3 and the provisions of this Section.
5.7.2 Where a development consists of more than one use, the minimum number of parking
spaces required shall be the total of the requirements for each use.
5.7.3 All required accessory off-street parking spaces shall be located on the same site as
the use served, unless a variation order is obtained for parking spaces located
elsewhere.
5.7.4 Every parking space shall be a minimum width of nine (9) feet and shall be a minimum
length of twenty (20) feet.
5.7.5 Parking areas shall be designed and constructed so that all drainage is directed
towards an existing drainage system along an existing street, lane or other public land
intended for that purpose, and shall not direct drainage onto neighbouring private
property.
5.7.6 Where an accessory parking lot requires the use of an internal vehicular circulation
system, the design of the parking lot, including all exits and entrances, shall conform to
the provisions of Section 7.9, and shall be subject to the approval of the Development
Officer.
5.7.7 When a building or structure is enlarged, or a use is changed, the accessory off-street
parking spaces shall be provided for the enlargement, change, or new use, in
accordance with the provisions of this Section.
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Table 5-3: Institutional and Open Space/Recreational Parking Table
USES
MINIMUM PARKING SPACE REQUIREMENTS*
Assembly Uses, including Auditoriums and
Community Halls
1 per every 100 sq. ft. of floor area
Clinics
5 per every physician or health care professional
Group Day Care Facilities
1 per every 5 children
Hospitals
2 per patient bed
Institutions such as Personal Care Homes and
Senior Citizen Homes
1 per 3 permanent occupants
Religious Institutions
1 per every 10 permanent seats
Schools, Elementary
2 per classroom
Schools, Senior High
5 per classroom
All Other Permitted and Conditional Uses in
the "I" Institutional Zone
1 space per 500 sq. ft. of floor area
All Other Permitted and Conditional Uses in
the "OR" Open Space/Recreational Zone
1 space per 500 sq. ft. of floor area
*Note: Where the computation of the number of required accessory off-street parking spaces
results in a requirement of a fraction of a parking space it shall be counted as one parking space.
5.8
SPECIAL PROVISIONS FOR THE "OR" OPEN SPACE/RECREATIONAL ZONE
5.8.1 Accessory water supply and wastewater disposal systems for any nearby industrial use
shall be permitted, subject to any provincial approvals that may be required.
5.8.2 Parking areas and open storage areas may be considered for approval, at the
discretion of Council.
5.8.3 Tree clearing activities affecting an area in excess of two (2) acres shall be considered
as a conditional use, requiring the prior review and approval of Council. Council may
require the proponent to seek expert advice related to such activities, including
measures to stabilize slopes and control erosion.
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6.
PART 6 - AGRICULTURAL (LIMITED) ZONE
6.1
INTENT AND PURPOSE
The Agricultural (Limited) Zone established in this By-Law is intended to accommodate limited
agricultural activities, and to regulate development within these areas, in the interest of
providing for the health and well-being of residents of the Town of Minnedosa, and to
preserve agricultural land in large tracts for future urban development, as demand arises.
6.2
ZONES
"AL" Agricultural (Limited) Zone: The "AL" Agricultural (Limited) Zone primarily
accommodates farming activities within existing agricultural areas in the Town, at a scale
deemed appropriate for lands within an urban centre.
6.3
PERMITTED AND CONDITIONAL USES
6.3.1 Table 6-1 lists all uses that are permitted or conditional in the Agricultural (Limited)
Zone.
6.3.2 No land shall be used or occupied and no building or structure shall be erected,
relocated, altered, used, enlarged or occupied hereafter for any use the Agricultural
(Limited) Zone other than a use listed as permitted or conditional in Table 6-1.
Table 6-1: Agricultural (Limited) Use Table
LIST OF USES
Legend:
P: Permitted
C: Conditional
ZONES
AL
Accessory Uses, Buildings and Structures
P
Accessory Advertising Signs (Billboards)
C
Agricultural Activities:
-
- General Agricultural Activities
P(a)
- Specialized Agricultural Activities, including market gardens,
nurseries and Greenhouses
P(b)
- Livestock Operations
(a)
Auction Marts for Livestock
C
Cemeteries, Public
P
Dwellings, Non-Farm(c)
C
Gravel Pits
C
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LIST OF USES
Legend:
P: Permitted
C: Conditional
ZONES
AL
Kennels
C
Public Utility Buildings or Structures
C
Recreational Facilities, outdoor
C
Religious Institutions, including Churches
C
Riding Academies and Stables
C
Sewage Treatment Plants and Lagoons
C
Telecommunications Towers
C
Wind Energy Generating Facilities
C
The following footnotes form part of Table 6-1:
(a) Specific provisions and limitations governing the keeping of livestock are provided in
Section 6.7, including factors relating to the size of the operation and its distance from
other development.
(b) Apiaries shall be considered as a conditional use.
(c) Non-Farm Dwellings shall be subject to the provisions of the Tanner's Crossing Planning
District Development Plan.
6.4
ACCESSORY USES, BUILDINGS AND STRUCTURES
In the Agricultural (Limited) Zone, an accessory use, building or structure includes the
following:
(a) Farm buildings and farm structures when incidental to a permitted or conditional
agricultural use;
(b) Farm dwellings or mobile homes when incidental to a permitted or conditional agricultural
use;
(c) Storage facilities for goods or equipment used on or produced on the same site or on
other property under the same ownership;
(d) Sidewalks, fences, decks, patios, retaining walls, gazebos, statuary, flagpoles, lighting
fixtures, trees, shrubs and other landscaping features;
(e) In the case of a permitted residential use, those accessory uses, buildings and structures
as provided in Section 3.4 and home based businesses subject to Section 3.5;
(f) Signs as provided in Section 7.19;
(g) Antennas, including satellite dish antennas, windmills and solar panels; and
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(h) Private wells and private sewage disposal systems, subject to the approval of the
appropriate provincial authority.
6.5
AGRICULTURAL (LIMITED) BULK REGULATIONS
6.5.1 The Agricultural (Limited) Bulk Regulations shall be as set forth in Table 6-2 and shall
apply to all permitted and conditional uses.
6.5.2 The owner shall maintain the minimum site area, site width, required yards and other
requirements specified herein for any use.
6.5.3 No land shall be subdivided into sites, unless each site conforms with the bulk
regulations as set forth in Table 6-2.
6.5.4 No required yard shall be reduced below the minimum requirements as set forth in
Table 7-1.
6.5.5 Shelterbelts shall be set back a distance of one hundred twenty-five (125) feet from
government road allowances, unless otherwise approved by Council.
Table 6-2: Agricultural (Limited) Bulk Table
PERMITTED OR CONDITIONAL USES
MINIMUM REQUIREMENTS(a)
Site Area
(acres)
Site
Width
(ft.)
Front
Yard (ft.)
Side Yard
(ft.)
Rear
Yard (ft.)
Accessory uses, Buildings and Structures
-
-
125(b)
25(b)
25(b)
General Agricultural Activities
80 acres
1,000
125(b)
25(b)
25(b)
All other permitted and conditional uses
2 acres
200
125(b)
25(b)
25(b)
The following footnotes form part of Table 6-2:
(a) The maximum height of all buildings and structures shall be thirty-five (35) feet, with the
exception of grain storage bins and features such as antennas, barns, chimneys and church
spires.
(b) When located adjacent to a Provincial Trunk Highway or Provincial Road, the minimum
required yard requirements shall be determined by the provincial highway authority.
(c) For any dwelling or mobile home which is proposed to be constructed or located within
the "AL" Agricultural (Limited) Zone, the minimum separation distance from any livestock
operation and/or animal housing facility shall be provided, in accordance with the
provisions of Section 6.7.10.
(d) The minimum front yard, side yard and rear yard requirements for animal housing
facilities shall be as required by Table 6-6 and any other provisions of this Section.
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6.6
ERMITTED PROJECTIONS AND FEATURES IN REQUIRED YARDS
All required yards specified for any use shall be located on the same site as the use and shall
be maintained as open space. The following features are permitted to be located in yards
unless otherwise specified:
(a) Open terraces and decks, and exterior stairs and landings, not exceeding a height of four
(4) feet above grade;
(b) Eaves, gutters, canopies, awnings, and other similar building elements, provided that they
do not project any more than two and one half (2.5) feet into any required yard;
(c) Chimneys, alcoves, bay windows and similar features provided that they do not project
any more than two and one half (2.5) feet into any required yard, and provided that the
maximum floor area of such projecting elements along any one wall does not exceed
sixteen (16) square feet;
(d) Uncovered sidewalks and patio, driveways and accessory parking spaces, at grade level;
(e) Trees, shrubs, trellises, arbours, retaining walls, wheelchair access ramps, flagpoles,
lighting fixtures, and similar landscaping features;
(f) Fences and walls, provided that the height of these features does not exceed:
(i.) three (3) feet within any required front yard or required corner side yard, and
(ii.) six (6) feet within any required interior side yard or within any required rear yard;
and
(g) Signs subject to the provisions of Section 7.19.
6.7
KEEPING OF LIVESTOCK
The provisions of this Section shall apply to the keeping of livestock and the establishment
and/or expansion of livestock related facilities and structures.
6.7.1 No land, building or structure shall be used for the keeping of livestock within any zone
in the Town of Minnedosa, except land within the "AL" Agricultural (Limited) Zone, and
except for other livestock-related development as provided for in this By-Law (such as
veterinary clinics and agricultural exhibition grounds), unless otherwise authorized by
Council.
6.7.2 A grazing area shall not be located within 600 feet of any area which is zoned for
residential development.
6.7.3 Where the density of animals within any grazing area exceeds 1 animal unit per 5 acres
of land, the operation shall be deemed to be a conditional use, and administered in
accordance with the provisions of Section 8.8 of this By-Law.
6.7.4 Any existing livestock operation which is of a size that would be classified as a
conditional use by the provisions of this By-Law, is deemed to be a legally existing
conditional use, and may be replaced if it is removed or destroyed, provided that the
replacement is commenced within a period of 5 years, subject to the issuance of a
development permit. Where such existing operation is proposed to be enlarged or
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expanded, or replaced after a period of 5 years, the enlargement, expansion or
replacement shall be subject to the provisions and limitations for conditional use as
specified in Section 8.8 of this By-Law.
6.7.5 Any conditional use order or variation of a requirement for a livestock operation
approved under the existing or any previous zoning By-Law will continue to be in full
force and effect.
6.7.6 Where a livestock operation is located within one half mile of one or more other
livestock operation(s), and where these operations are under affiliated ownership,
management or control, or where they share common infrastructure such as manure
storage facilities and/or piped water supply from a common private source, they shall
be deemed to be one combined larger operation for the purposes of this By-Law.
6.7.7 For the purposes of determining the size of livestock operations, the system of "animal
units" as adopted by the Province of Manitoba shall be used. The conversion factors
for animal units are provided for general reference in Table 6-3, and may be altered
from time to time by provincial authorities, without requiring an amendment to this
By-Law.
Table 6-3: Animal Unit Conversion Factors
Type of Livestock
A.U. Produced by One (1)
Livestock
Dairy
Milking Cows, including associated
livestock
2.000
Beef
Beef Cows, including associated
livestock (cow/calf pair),
1.250
Backgrounders
0.500
Summer pasture / replacement
heifers
0.625
Feeder Cattle
0.769
Hog
Sows, farrow to finish
1.250
Sows, farrow to weanling
0.250
Sows, farrow to nursery
0.313
Weanlings
0.033
Feeders
0.143
Boars (artificial insemination)
0.200
Chickens
Broilers
0.0050
Roasters
0.0100
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Type of Livestock
A.U. Produced by One (1)
Livestock
Layers
0.0083
Pullets
0.0033
Broiler Breeder Pullets
0.0033
Broiler Breeder Hens
0.0100
Turkeys
Broilers
0.010
Heavy Toms
0.020
Heavy Hens
0.010
Horses
PMU Mares, including associated
livestock
1.333
Sheep
Ewes, including associated livestock
0.200
Feeder Lambs
0.063
Other Livestock and Poultry
As determined by Manitoba
Agriculture
6.7.8 Requirements for separation distances, as provided for in this section, shall be
measured from the closest point of the animal housing facility or manure storage
facility to a residence or zoned area, as the case may be.
6.7.9 Within those areas which are zoned as "AL" Agricultural (Limited) Zone, the following
provisions shall apply to the establishment or enlargement of livestock operations
and/or animal housing facilities, and the keeping of livestock on small acreage parcels.
(a) The maximum capacity and/or occupancy of a livestock operation or an animal
housing facility shall be 10 animal units, as a permitted use.
(b) Any proposal to establish or expand a livestock operation and/or an animal
housing facility between 10 and 100 animal units in capacity and/or occupancy
shall be deemed to be a conditional use, and shall be administered in accordance
with The Planning Act and Section 8.8 of this By-Law.
(c) The minimum separation distance requirements of Section 6.7.10 and the other
provisions of this PART shall govern the location and/or the maximum capacity or
occupancy of any feedlot, animal housing facility or earthen manure storage
facility.
(d) The keeping of livestock within rural residential parcels or small acreage non-farm
parcels shall not exceed 1 animal unit per 1 acre of site area, to a maximum of 10
animal units, including grazing operations. Proposals to establish more livestock
may be considered as a conditional use, subject to the other provisions of this Part.
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6.7.10 The minimum separation distance requirements of Table 6-4 and Table 6-5 shall apply
to the establishment or expansion of any feedlot, animal housing facility or earthen
manure storage facility, and to the establishment of any new residence in the "AL"
Agricultural (Limited) Zone, with the exception of a residence associated with the
livestock facility.
Table 6-4: Minimum Separation Distance Requirements From a Single Residence
Size of Livestock
Operation or Animal
Housing Facility (Animal
Units)
Minimum Separation Distance from Single
Residence (feet)*
To a Feedlot and/or an
Earthen Manure
Storage Facility
To an Animal Housing
Facility
Less than 10
600
600
10 to 100
1,200
600
*Does not include any residence associated with the livestock operation.
Table 6-5: Minimum Separation Distance Requirements from a Designated Area
Size of Livestock
Operation or Animal
Housing Facility (Animal
Units)
Minimum Separation Distance from Designated
Areas (feet)**
To a Feedlot and/or an
Earthen Manure
Storage Facility
To an Animal Housing
Facility
Less than 10
600
600
10 to 100
3,100
2,000
**"Designated Area" means any area which is designated for residential development
by the Tanner's Crossing Planning District Development Plan.
6.7.11 The minimum setback distance factors of Table 6-6 shall apply to the establishment or
expansion of any feedlot, animal housing facility or earthen manure storage facility.
Table 6-6: Minimum Setback Distance Requirements
Type of Livestock Facility
Minimum Setback Distance
from Any Property Boundary
Barns, and similar buildings for housing
livestock(a)
165 feet
Feedlots and Seasonal Feeding Areas,
Earthen manure storage facilities
330 feet
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Type of Livestock Facility
Minimum Setback Distance
from Any Property Boundary
Grazing Areas(b)
0 feet(b)
The following footnotes form part of Table 6-6:
(a) The minimum setback requirement for small-scale facilities housing 10 Animal
Units or less shall be 125 feet from a public road, and 25 feet from any other
property boundary.
(b) Refer to Section 6.7.2 for limitations in proximity to areas which are zoned for
residential development.
6.7.12 Where an existing feedlot or animal housing facility does not comply with the setback
requirements described in Table 6-6, it may be expanded or enlarged, provided that
the expansion or enlargement substantially occurs in a direction away from the
property boundary.
6.7.13 No new feedlot or animal housing facility shall be established within a distance of 330
feet of the ordinary high-water mark of any surface watercourse, nor within 1,000 feet
of the ordinary high-water mark of the Little Saskatchewan River or Minnedosa Lake.
6.7.14 No new feedlot or animal housing facility shall be established in an area which is
subject to flooding, as determined by Manitoba Water Stewardship.
6.7.15 No new livestock operation or animal housing facility shall be permitted on soils
determined by detailed soil survey, 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 of the proposed development, the applicant may be required to provide a
detailed soils survey for the site at a scale of 1:50,000 or better.
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7.
PART 7 - GENERAL PROVISIONS
7.1
INTENT AND PURPOSE
In addition to the specific requirements established in other Parts of this By-Law related to specific
zones, the intent of this Part is to establish general provisions related to a variety of issues
concerning the development of land, buildings and structures in The Town of Minnedosa. The
general provisions contained in this Part shall apply to all Zones unless otherwise provided for
herein.
7.2
NUMBER OF BUILDINGS AND USES PER SITE
There shall be only one principal building or one principal use on a zoning site in the Residential
Zones unless otherwise provided for herein. For example, a residential zoning site in the "RS"
Zone shall contain only one single-family dwelling. In all other zones, where more than one
principal building, structure or use is proposed, each building, structure or use shall conform with
the requirements of this By-Law, as if it were to be developed on a separate zoning site. This
provision shall not apply to special purpose sites which are under the ownership of The Town of
Minnedosa, such as the heritage village.
7.3
NOXIOUS OR OFFENSIVE USES
Notwithstanding anything herein contained, Council may prohibit or restrict any use or
development in any zone which may be noxious or offensive by reason of the emission or
production of odour, dust, refuse matter, wastes, vapour, smoke, gas, vibration or noise. If the
use is permitted in the subject zone, satisfactory measures shall be undertaken to mitigate or
eliminate such effects, and where required, appropriate approvals from provincial authorities
shall be obtained.
7.4
SPECIAL LIMITATIONS IN VICINITY OF SEWAGE LAGOONS
No dwelling or other habitable building, such as a motel or hotel, and no food or beverage service
establishment shall be located within a distance of one thousand, three hundred twenty (1,320)
feet of a municipal sewage lagoon.
7.5
LAND DEEMED UNSUITABLE FOR DEVELOPMENT
7.5.1 Notwithstanding the provisions contained elsewhere in this By-Law, Council may
prohibit or restrict the development of an area of land for a use permitted in any zone, if
the area has been identified either by Council or other government authority as being a
flood risk area, or subject to specific risks of slope instability or landslide, or is otherwise
unsuitable for a proposed use or development due to low-lying topography or marsh
conditions.
7.5.2 If Council approves the development at a location where some degree of risk is
apparent, Council may require that the design and construction of the development be
supervised and certified by a professional engineer.
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7.6
LAND NEAR WATERBODIES AND/OR SUBJECT TO FLOODING
7.6.1 Where the development of a building or structure is proposed on property which, in the
opinion of Council, may be subject to flooding, the proposal shall be submitted to
Manitoba Water Stewardship for a specific review and report, prior to the issuance of
any development permit. In general, this shall include any land which is within one
hundred fifty (150) feet of the river within the built-up area of the community and may
extend for a further distance in the westerly portion of the community.
7.6.2 Where the report contains recommendations with respect to flood protection
measures, including specifications for building or structure location, design of
foundation system, elevation of floor level, provision of fill, or any other matter, these
recommendations shall be incorporated into the
development as specific
requirements of approval, and the development shall conform with these requirements.
7.6.3 Should the activity or development involve construction along or alteration to the
shoreline of a water course, or is over or in the water course, a review by Manitoba
Water Stewardship is required and an authorization from the Department of
Fisheries and Oceans Canada may be necessary.
7.7
BUILDING GRADE AND SITE DRAINAGE
Applications for development permits shall be accompanied by a diagram illustrating the final
site grade and proposed drainage of the site, unless deemed unnecessary by the Development
Officer. The grade for all principal buildings and structures and the proposed site drainage
system shall be approved by the appropriate Town of Minnedosa representative prior to the
commencement of construction.
7.8
RETAINING WALLS
A development permit shall be required prior to the construction of any retaining wall where
the height difference between the grade on each side of the wall exceeds four (4) feet at any
point along the wall. The Development Officer may require that the design and/or
construction of the retaining wall be certified by a professional engineer.
7.9
PARKING LOT DESIGN
All parking lots shall conform to the provisions of this By-Law, and shall conform to the
dimensional requirements of the following Table 7-1 and Figure 7-1:
Table 7-1: Parking Area Dimensions
MINIMUM REQUIREMENTS
a
b
c
d
e
Angle of
Parking
(degrees)
Width of
Stall (ft)
Width of
Aisle (ft)
Depth
Perpendicular
to Aisle (ft)
Width
Parallel to
Aisle (ft)
30
9
12
15
17
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MINIMUM REQUIREMENTS
a
b
c
d
e
Angle of
Parking
(degrees)
Width of
Stall (ft)
Width of
Aisle (ft)
Depth
Perpendicular
to Aisle (ft)
Width
Parallel to
Aisle (ft)
45
9
12
18
12
60
9
20
20
10
90
9
24
20
9
Figure 7-1: Parking Area Dimensions Diagram
7.10
BUILDING RELOCATION OR REMOVAL
7.10.1 No building, structure or mobile home shall be relocated in whole or in part to any other
location, unless every portion of the building, structure or mobile home is positioned to
conform to the requirements of this By-Law.
7.10.2 Upon completion of removal or demolition of a building from a site, the old foundation
shall be removed, any excavation shall be filled, any well shall be capped, the ground
shall be leveled, and the site shall be put in a safe and sanitary condition to the
satisfaction of the Development Officer. In the case of agricultural buildings, the
development officer may not require the removal of the old foundation.
7.11
TEMPORARY BUILDINGS, STRUCTURES AND USES
7.11.1 A temporary office, tool shed, travel trailer, scaffolding or other building, structure or
use, including the storage of building materials and supplies, incidental to work in
progress, shall be permitted provided that these buildings, structures or uses contain no
permanent foundations and remain necessary for work in progress which has not been
finished or abandoned.
7.11.2 Temporary asphalt plants or concrete plants for construction projects may only be
The Town of Minnedosa Zoning By-Law 2567
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established in the "MH" Industrial (Heavy) Zone or the "AL" Agriculture (Limited) Zone
and shall not be located within one thousand five hundred (1,500) feet of a permanently
occupied dwelling.
7.12
DOUBLE FRONTAGE SITES
In the case of a double frontage site, where two boundaries of the site coincide with two streets
which are generally parallel, the required yards shall be determined as follows:
(a) Where the site depth is less than two hundred (200) feet, one of the site lines shall be
deemed to be a rear site line, in the judgment of the Development Officer, for the
purposes of establishing a required rear yard on the site, and wherever possible, this
designation shall be consistently applied among the adjoining sites; or
(b) Where the site depth exceeds two hundred (200) feet, both site lines shall be deemed to
be front site lines and the site shall have two required front yards.
7.13
UNCONVENTIONAL SITES
Where a site is of such a unique configuration that the required yards cannot be
ascertained in accordance with the definitions of Section 10, the 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.
7.14
LANDLOCKED SITES
7.14.1 In unique circumstances, Council may permit development on a site which only has does
not have frontage on a public street, provided that an acceptable means of vehicular
access is provided to the satisfaction of Council, and Council may require that acceptable
legal arrangements be established for the long-term use of such access.
7.14.2 For the purpose of establishing the position of the required yards, the Development
Officer shall determine the front, side and rear site lines of a landlocked site.
7.15
MUNICIPAL SERVICES
All principal buildings constructed on any site serviced by municipal sewer or water systems,
shall be connected to such services. Where any such service does not exist, the owners of all
principal buildings shall be required, as soon as it is considered expedient by Council, to
connect to such services after they are installed along the adjacent street.
7.16
PUBLIC FACILITIES
7.16.1 Nothing in this By-Law shall be so interpreted as to interfere with the construction,
maintenance and operation of the service networks or distribution systems of any public
utility or public works.
7.16.2 All office buildings, centralized treatment or processing facilities, warehouse facilities
and storage compounds owned or used by any public utility or public works shall be
subject to the provisions of this By-Law.
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7.16.3 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, or public park area or buffer, it shall be deemed
to conform to the requirements of this By-Law.
7.17
PUBLIC MONUMENTS AND STATUARY
The erection of public monuments, statuary and similar historic or commemorative structures
shall be subject to the approval of Council.
7.18
RESIDENTIAL SIGN REGULATIONS
7.18.1 The following accessory signs are permitted in the Residential Zones and may be
installed without the issuance of a development permit:
(a) One identification sign not exceeding four (4) square feet in surface area per site;
(b) One bulletin board not exceeding twenty (20) square feet in surface area per site
for religious institutions;
(c) One temporary real estate sign not exceeding sixteen (16) square feet in surface
area per site;
(d) One temporary construction sign not exceeding thirty-two (32) square feet in
surface area per site; and
(e) Temporary posters, bulletins, legal notices and the like.
7.18.2 The following accessory signs are permitted in the Residential Zones, subject to the
issuance of a development permit, and subject to location approval on the site by the
Development Officer:
(a) One identification sign not exceeding thirty-two (32) square feet in surface area
per site for multiple-family dwellings, religious institutions and other non-
residential uses;
(b) One business sign for a home based business not exceeding sixteen (16) square
feet; and
(c) Temporary or mobile signs for one period not exceeding seventy-two (72) hours
per site per year.
7.18.3 No sign located in a residential zone shall:
(a) Contain any animated components or any internal illumination, or any flashing,
rotating flashing, rotating or scintillating lights, or
(b) Be installed at a location where it would obstruct visibility of motorists or
pedestrians or create any other safety hazard or be confused with any traffic
control device.
7.19
COMMERCIAL AND INDUSTRIAL SIGN REGULATIONS
The following signs are permitted in the Commercial and Industrial Zones and may be installed
The Town of Minnedosa Zoning By-Law 2567
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without the issuance of a development permit:
(a) One temporary real estate sign or construction sign not exceeding thirty-two (32) square
feet in surface area per site;
(b) Directional signs for parking and loading areas; and
(c) Temporary posters, bulletins, legal notices and the like.
7.19.1
All other signs shall be subject to the issuance of a development permit as follows:
(a) The development officer may issue a permit for any sign to be attached to a
building, up to a maximum sign surface area of twenty-five percent (25%) of the
front façade of the principal building, or for any freestanding sign up to a total of
two hundred (200) square feet per site; and
(b) Any sign which adds to the total signage of a building or property, beyond the
provisions of Clause (a) above, shall be subject to review and approval by Council
resolution prior to the issuance of a development permit.
7.19.2 Individual advertising signs (billboards) shall not exceed a sign surface area of two
hundred (200) square feet, unless otherwise approved by Council resolution.
7.19.3 No sign shall:
(a) contain any rotating beam or beacon; or
(b) be installed at a location where it would obstruct visibility of motorists or
pedestrians or create any other safety hazard or be confused with any traffic
control device.
7.20
INSTITUTIONAL SIGN REGULATIONS
7.20.1 The following signs are permitted in the Institutional Zone and Open
Space/Recreational Zone and may be installed without the issuance of a development
permit:
(a) One identification sign not exceeding fifty (50) square feet in surface area per site;
(b) One bulletin board not exceeding thirty-two (32) square feet in surface area;
(c) One temporary real estate sign or construction sign not exceeding thirty-two (32)
square feet in surface area per site;
(d) Directional signs for parking and loading areas; and
(e) Temporary posters, bulletins, legal notices and the like.
7.20.2 Identification signs and other signs shall be subject to the issuance of a development
permit, and the location of the signs shall be subject to the approval of the
development officer.
7.20.3 No sign shall:
(a) Contain any rotating beam or beacon or any animated components or flashing or
scintillating lights; or
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(b) Contain any rotating beam or beacon or any animated components or flashing or
scintillating lights; or
(c) Be installed at a location where it would obstruct visibility of motorists or
pedestrians or create any other safety hazard or be confused with any traffic
control device.
7.21
AGRICULTURAL AREA SIGN REGULATIONS
7.21.1 The following signs are permitted in the Agricultural (Limited) Zone and may be
installed without the issuance of a development permit:
(a) One identification sign not exceeding sixty-four (64) square feet in surface area per
site;
(b) One temporary real estate sign or construction sign not exceeding thirty-two (32)
square feet in surface area per site;
(c) Temporary posters, bulletins, legal notices and the like; and
(d) No Trespassing or No Hunting signs, to a maximum size of eight (8) square feet per
sign.
7.21.2 No sign shall:
(a) Contain any rotating beam or beacon or any animated components or flashing or
scintillating lights; or
(b) Be installed at a location where it would obstruct visibility of motorists or
pedestrians or create any other safety hazard or be confused with any traffic
control device.
7.22
SWIMMING POOLS
7.22.1 A swimming pool means an artificially constructed basin, lined with concrete,
fiberglass, vinyl, or like material, that is capable of containing water depth greater than
24 inches (60 cm).
7.22.2 A professional engineer must certify all in-ground pools, while hot tubs and above-
ground pools must be CSA approved.
7.22.3 All swimming pool installations are subject to the requirements herein as well as the
safety regulations of the Manitoba Building Code.
7.22.4 A swimming pool may be located in the side or rear yard of a residential property but
located no closer than 2 feet (0.6 m) from the rear property line and 1 foot (0.3 m)
from the side property line and 4 feet (1.2 m) from the wall of any dwelling unit.
7.22.5 The mechanical equipment serving a swimming pool may not be located in any
required front yard and may not be located any closer than 15 feet (4.6 m) to an
operable window of a neighbouring residence; note that having a fence between the
mechanical equipment and a neighbouring residence window does not reduce or
remove this setback requirement.
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7.22.6 A fence or barrier must enclose all outdoor pools as follows:
(a) Have a minimum vertical height of 5 feet (1.5 m) and maximum vertical height of 6
feet (1.8 m);
(b) Designed not to allow access through or under the structure;
(c) Restrict access through the fence/barrier by means of a self-closing gate which has
a minimum of height of 5 feet (1.5 m), designed to cause the gate to become
secured with a lockable latch in order to prevent unauthorized entry, with the latch
installed so that it cannot be easily reached or activated from outside the gate(s);
(d) Where chain link fence is used, the mesh size does not exceed 2 inches (50 mm)
and the wire is at least number 11 gauge;
(e) Where other than chain link is used, the outside surface of the fence or gate is
relatively smooth so as not to provide foot or toe holds to enable climbing over the
structure; and
(f) No person shall operate an outdoor swimming pool unless the fence and gate are
maintained in good repair.
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8.
PART 8 - ADMINISTRATION
8.1
RELATIONSHIP WITH OTHER BY-LAWS AND REQUIREMENTS
8.1.1 Wherever the provisions of any other By-Law of The Town of Minnedosa or any
requirement of the Provincial or Federal Government impose overlapping regulations
over the use and /or development of land, buildings or structures, the most restrictive
regulation shall govern.
8.1.2 The issuance of a development permit in accordance with the provisions of this By-Law
does not relieve the person obtaining such permit from full responsibility of compliance
with any other Municipal, Provincial or Federal requirement or regulation, nor from full
responsibility for obtaining any specific approval or permit that may be required by any
other government department or agency.
8.2
RESPONSIBILITIES OF COUNCIL
Subject to the provisions of The Planning Act, the Council is responsible for the
enactment of this By-Law, and:
(a) Considering the adoption or rejection of proposed amendments to this By-Law;
(b) Considering the approval or rejection of applications for conditional use and
variations; and
(c) Considering the revocation of any approved conditional use as a result of any
violation by the owner of any conditions specified by Council on the conditional
use order.
8.3
RESPONSIBILITIES OF THE OWNER
8.3.1 The owner shall be responsible for the preparation of all application forms and drawings
which are required to be submitted to the Development Officer in accordance with the
provisions of this By-Law and The Planning Act.
8.3.2 The owner shall obtain all necessary permits and approvals which may be required by
The Town of Minnedosa, the Board or any agencies or departments of the provincial
government, prior to the commencement of construction, or the change of use of any
land, building or structure.
8.3.3 The owner shall ensure that all work and inspections are completed in accordance with
the approved application and development permit.
8.3.4 The owner shall obtain the written approval of the Development Officer before doing
any work at variance with the approved development permit.
8.3.5 The owner shall permit the Development Officer to enter any premises at any
reasonable time for the purpose of administering or enforcing this By-Law, and shall not
molest, obstruct or interfere with the Development Officer in the discharge of his/her
duties under this By-Law.
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8.4
RESPONSIBILITIES OF THE DEVELOPMENT OFFICER
8.4.1 Subject to the provisions of The Planning Act, the Council or Board of The Tanner's
Crossing Planning District, shall appoint a Development Officer, who on behalf of The
Town of Minnedosa, shall:
(a) Receive and review applications for development permits;
(b) Issue development permits where the proposed development of land, buildings or
structures conforms with this By-Law, other By-Laws of The Town of Minnedosa, and
any applicable regulations of the provincial and federal governments;
(c) Receive and process applications for amendments to this By-Law, conditional use
orders and variation orders;
(d) Issue zoning memoranda and any other documents as may be necessary for the
administration and enforcement of this By-Law; and
(e) Allow or refuse such minor variations to the requirements of this By-Law as
authorized by and in accordance with the provisions of The Planning Act.
8.4.2 At the direction of Council or the Board, the Development Officer shall withhold
approving an application for a development permit:
(a) As provided for in The Planning Act; or
(b) Which would result in a violation of this By-Law, or any other By-Law of The Town of
Minnedosa or The Tanner's Crossing Planning District Development Plan.
8.4.3 The Development Officer may enter and inspect any buildings or premises at any
reasonable hour in order to determine conformance with this By-Law, as provided for in
Section 9.
8.5
DEVELOPMENT PERMITS
8.5.1 No person shall erect, locate, relocate, use or occupy any land, building or structure
contrary to any approved development permit or the material furnished in support of
the application.
8.5.2 An approved development permit is required for the following:
(a) The erection, construction, placement or relocation of any building, structure or
mobile home, with the exception of those buildings and structures described in
Section 8.5.3;
(b) The enlargement, extension, structural alteration or conversion of any building,
structure, or mobile home, with the exception of those buildings and structures
described in Section 8.5.3;
(c) The use of vacant land, buildings or structures;
(d) The change of use of land, buildings or structures;
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(e) The construction of accessory detached buildings and structures exceeding one
hundred (100) square feet in floor area, or five hundred (500) square feet in the
case of agricultural buildings in the "AL" Agricultural (Limited) Zone; and
(f) The demolition or removal of buildings over one hundred (100) square feet in floor
area, or five hundred (500) square feet for agricultural buildings.
8.5.3 Subject to Section 8.5.4, an application for a development permit is not required for the
following:
(a) The construction or placement of accessory, detached buildings and structures not
greater than one hundred (100) square feet in floor area;
(b) The construction or placement of accessory agricultural buildings or structures less
than five hundred (500) square feet in floor area in the "AL" Agricultural (Limited)
Zone; except for the construction or installation of any animal housing facility for
livestock, which shall be subject to the issuance of a development permit.
(c) The maintenance or restoration of building components, including repainting and
similar operations under a value of $5,000.00;
(d) Incidental alterations of buildings and structures including:
(iv.) alteration of interior non-structural walls;
(v.) replacement or minor changes of interior or exterior finishes;
(vi.) replacing windows or doors;
(vii.) replacement or minor changes of the capacity of pipes, ducts or conduits; or
(viii.) strengthening the load bearing capacity of a particular feature to permit the
installation of a specialized unit of machinery or equipment;
(e) The installation of sidewalks, exterior steps, fences, trees, hedges, shrubs, planters,
fountains, flagpoles, handicapped access ramps, railings, trellises, and similar
landscaping features (except that a development permit is required for retaining
walls in accordance with Section 7.8);
(f) The installation of specialized machinery and equipment, such as air conditioning
systems;
(g) The erection of one identification sign not exceeding four (4) square feet in surface
area per site;
(h) Temporary signs such as posters, legal notices and real estate or construction signs
not exceeding sixteen (16) square feet in surface area; and
(i) The installation of private water wells and sewage disposal systems, which shall be
subject to approval of Manitoba Conservation.
8.5.4 Although a development permit shall not be required for those items specified in
Section 8.5.3, this does not relieve the owner of the responsibility of ensuring that such
items are installed in accordance with the provisions of this By-Law and any other By-
Law of The Town of Minnedosa, or regulation of the provincial or federal government.
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8.5.5 An application for a development permit shall be accompanied by the prescribed
application fee and is not considered to be in a complete form until such fees have been
received by the Development Officer.
8.5.6 An application for a development permit shall be accompanied by drawings, drawn to
scale, to illustrate the following information:
(a) The shape and dimensions of the site to be used or built on;
(b) The location and dimensions of existing buildings and structures;
(c) The location and dimensions of all proposed buildings or structures, including
separation distances from site boundaries;
(d) The use or uses of each existing and proposed building and structure, or of the land,
and the area to be occupied by each use;
(e) The location of all proposed vehicular access points and parking spaces within the
site;
(f) The proposed finished grade and drainage of the site after completion of
construction and landscaping;
(g) Proposed connections to sewer, water, hydro and telephone services;
(h) Typical floor plan(s) of the proposed building or structure; and
(i) Any other information that may be required by Council or the Development Officer,
including copies of surveyor's certificates, easements, certificates of title, drainage
plans, traffic studies or special engineering studies as may be required for
consideration of any proposal for development under this By-Law.
(j) An application for approval of a development permit and/or a conditional use for a
livestock operation and/or animal housing facility shall also be accompanied by
written information describing the type and number of livestock to be confined, the
typical time period each year of the livestock confined in the facility, the estimated
distances to the nearest 2 dwellings to the facility, other than dwellings associated
with the operation, 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.
8.5.7 All proposed development shall be in accordance with the application and drawings
submitted to the Development Officer. No work shall be undertaken at variance with
the approved application and drawings without the prior written authorization of the
Development Officer.
8.5.8 The issuance of a development permit in respect of a building or structure does not
affect the obligation to obtain a building permit or other permit where they are
required under the building By-Law for such a building or structure, nor does it relieve
the owner from the responsibility of obtaining any other permit or approval that may
be required by any other administrative body, including business licenses,
environmental approvals, highway access and structure location (where necessary)
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approvals and similar approvals.
8.6
AMENDMENTS
8.6.1 An amendment to this By-Law may be initiated by the Council or by an application
submitted by one or more owners of land within the area proposed to be changed.
8.6.2 An application for an amendment to this By-Law shall be made in writing to the
Development Officer, and shall be accompanied by the following information:
(a) A preliminary site plan indicating the general nature of the proposed development;
(b) A written outline of reasons in support of the application; and
(c) Any other information as may be required by the Development Officer or Council.
8.6.3 The application and report of the Development Officer, and at the discretion of the
Development Officer, a draft amending By-Law, shall be presented to Council for
consideration within thirty (30) days of the date of the application.
8.6.4 If it is determined that the proposed amendment is in compliance with The Tanner's
Crossing Planning District Development Plan, and if Council considers it advisable to
proceed with the adoption of the amendment, Council may proceed with the
amendment in accordance with the provisions of The Planning Act.
8.7
DEVELOPMENT AGREEMENTS
8.7.1 In accordance with The Planning Act, where an application is made for the 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 to its enactment, to enter into a development agreement with The
Town of Minnedosa in respect of that land as well as contiguous land owned or leased
by the applicant.
8.7.2 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 The Town of Minnedosa, in accordance with The Planning
Act.
8.7.3 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.
8.8
CONDITIONAL USE
8.8.1 This By-Law is based upon the division of The Town of Minnedosa into zones, within
which zones the uses of land, buildings and structures are substantially compatible.
There are certain uses deemed conditional uses which, because of their unique
characteristics, cannot be permitted in any particular zone without consideration in each
case, of the impact of those uses upon neighboring land and/or the public need for the
specific use at a particular location.
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8.8.2 An application for a conditional use may be initiated by an owner of land who proposes
to establish a use which is classified as a conditional use under the provisions of this By-
Law.
8.8.3 An application for conditional use shall be made in writing to the Development Officer,
and shall be accompanied by:
(a) A site plan showing the development proposed for the site;
(b) A written outline of reasons in support of the proposed conditional use; and
(c) Such other information as may be required by the Development Officer or Council.
8.8.4 Conditional use applications shall be processed in accordance with the provisions of The
Planning Act.
8.8.5 Council may approve or reject any application for a conditional use. Any approval may
be subject to such terms and conditions as Council deems appropriate in accordance
with The Planning Act, including provisions dealing with matters such as:
(a) The provision of various landscaping features, including planting areas, fences, and
other features to improve the appearance of the property or provide a measure of
buffering;
(b) Vehicular circulation, parking and loading areas;
(c) Outdoor storage, display or processing areas;
(d) Ground surfacing and drainage; and
(e) The arrangement of features such as lighting and signage.
8.8.6 Any substantial change in the circumstances of a conditional use, including the
enlargement of a building, structure or a site, shall be subject to the provisions of this
section. Minor incidental expansions of existing conditional uses may be approved at
the discretion of Council without following the process outlined in The Planning Act.
8.8.7 The validity of a conditional use shall expire and cease to have any effect if it is not acted
upon within twelve (12) months of the date of approval by Council, unless it is renewed
prior to the expiry date, at the discretion of Council, for an additional period not
exceeding twelve (12) months.
8.8.8 Where a use is classified as a conditional use under this By-Law or amendments thereto
and exists as a permitted use at the date of the adoption of this By-Law or any
amendment to this By-Law, it shall be considered as a legally existing conditional use.
8.9
VARIATIONS
8.9.1 Any person may apply for a variation order in accordance with provisions of The
Planning Act.
8.9.2 An application for a variation order shall be made in writing to the Development Officer,
and shall be accompanied by:
(a) A site plan showing the arrangement of existing and proposed development for the
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site;
(b) A written outline of reasons in support of the proposed variation order; and
(c) Such other information as may be required by the Development Officer or Council.
8.9.3 Variation orders shall be processed in accordance with the provisions of The Planning
Act.
8.9.4 Council may approve or reject any application for a variation order. Any approval may
be subject to such terms and conditions as the Council deems appropriate in accordance
with The Planning Act.
8.9.5 A variation order shall expire and cease to have any effect if it is not acted upon within
12 months of the date of approval by the Council unless it is renewed prior to the
expiry date at the discretion of the Council for an additional period not exceeding 12
months.
8.9.6 A building, structure, use or site established by a variation order prior to the coming
into force of this By-Law shall, subject to the provisions of the variation order, be
deemed to conform to the provisions of this By-Law.
8.10
NON-CONFORMITIES
8.10.1 A non-conforming use, structure or site shall be subject to the provisions of The
Planning Act, unless otherwise provided herein or varied in accordance with The Act.
8.10.2 Where the existing use of a building, structure or land does not conform to the
provisions of this By-Law at the time of its adoption, the use may be continued but
may not be changed to a different non-conforming use unless otherwise varied in
accordance with the provisions of The Planning Act.
8.10.3 A change of ownership, tenancy or occupancy of any land, building, or structure shall
not be deemed to affect the use of land, building or structure for the purposes of this
section.
8.10.4 Where the non-conforming use of land, building or structure has been discontinued
for more than 12 consecutive months, it shall not be used thereafter except in
conformity with the provisions of this By-Law unless a variance is granted for an
additional 12 months in accordance with the provisions of The Planning Act.
8.10.5 Where a structure that does not conform to the provisions of this By-Law and is
destroyed or damaged to an extent that in the opinion of Council is fifty percent or
more of the replacement value of the structure above its foundation, the structure
shall not be repaired or rebuilt except in conformity with the provisions of this By-Law
unless otherwise varied in accordance with the provisions of The Planning Act.
8.10.6 No building or structure may be erected on a non-conforming site unless the required
yards are provided as set forth in the bulk table of the zone in which the site is located.
Sites must be on record in the Land Titles Office at the effective date of adoption of
this By-Law or amendments thereto.
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8.10.7 Where the use of a building or structure does not conform to the provisions of this By-
Law, the building or structure may be structurally altered, or size or intensity of the
use may be increased, in accordance with the provisions of The Planning Act.
8.11
EXISTING BUILDINGS
Where a building has been legally erected prior to the effective date of this By-Law or
amendments thereto it shall be deemed to meet the bulk requirements of this By-Law regarding
the required yards for the site. Any enlargements or structural alterations to a building or
reconstruction of a building shall conform to the requirements of this By-Law or as varied.
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9.
PART 9 - ENFORCEMENT
9.1
GENERAL ENFORCEMENT PROVISIONS
The provisions of The Planning Act shall govern any administrative proceedings related to the
enforcement of this By-Law.
9.2
ENTRY FOR INSPECTION AND OTHER PURPOSES
9.2.1 The development officer may, after giving reasonable notice to the owner or occupier
of land or a building or other structure to be entered:
(a) enter the land, building or structure at any reasonable time for the purpose of
inspection, enforcement and or action authorized by this By-Law or The Planning
Act;
(b) request that anything be produced to assist in inspection, remedy, enforcement or
authorized action; and
(c) make copies of anything related to the inspection, remedy, enforcement or
authorized action.
9.2.2 The development officer must display or produce on request identification showing his
or her official capacity.
9.2.3 In an emergency or in extraordinary circumstances, the development officer need not
give reasonable notice or enter at a reasonable time and may do the things referred to
in Section 9.2.1(a) and (c) above without the consent of the owner or occupant.
9.3
ORDER TO REMEDY CONTRAVENTION
9.3.1 If the development officer 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.
9.3.2 The order may:
(a) direct a person to stop doing something, or to change the way in which the person
is doing it;
(b) direct a person to take any action necessary to remedy the contravention,
including the removal or demolition of a building or structure or portion thereof
that has been constructed, erected or placed in contravention and, if necessary to
prevent a reoccurrence of the contravention;
(c) state a time within which the person must comply with the directions; and
(d) state that if the person does not comply with the directions within the time stated,
the municipality will take the action or measure at the expense of the person.
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9.4
REVIEW BY THE BOARD
9.4.1 A person who receives an order under Section 9.3 or who is refused a permit under
Section 8.4 may request the Board of the Tanner's Crossing Planning District to review
the matter, by written notice given within 14 days after the date the order under
Section 9.3 or decision under Section 8.4 is made.
9.4.2 After giving the person a reasonable opportunity to be heard, the board may confirm,
vary, substitute or cancel the order or decision.
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10.
PART 10 - INTERPRETATION AND DEFINITIONS
10.1
INTERPRETATION AND APPLICATION
In their interpretation and application, the provisions of this By-Law shall be held to be the
minimum requirements to satisfy the intent and purpose as set forth herein.
10.2
RULES OF CONSTRUCTION
The following rules of construction apply to the text of this By-Law:
(a) Words, phrases and terms defined herein shall be given the defined meaning;
(b) Words, phrases and terms not defined herein but defined in The Planning Act, or in any
building, electrical or plumbing By-Laws of The Town of Minnedosa shall be construed as
defined in The Act or By-Laws;
(c) Words, phrases and terms neither defined herein nor in The Planning Act nor in the
building, electrical or plumbing By-Laws of The Town of Minnedosa shall be given their
usual and customary meaning (as may be found in a dictionary), except where, in the
opinion of Council, the context clearly indicates a different meaning;
(d) The word "person" includes an individual, a corporation, a partnership, an incorporated
association, or any other similar entity;
(e) The word "includes" shall not limit a term to the specified examples, but is intended to
extend the meaning to all other instances or circumstances of similar, kind or character;
and
(f) Where a dimensional requirement is expressed herein by a digital figure followed by "ft.",
the "ft." represents feet; where a requirement is expressed by a digital figure followed by
"sq. ft.", the "sq. ft." represents square feet; and where a requirement is expressed by a
digital figure followed by "ac.", the "ac." represents acres.
10.3
DEFINITIONS
The following definitions shall be used for the purposes of interpreting and administering this
By-Law:
ABUT - means immediately contiguous to or physically touching and when used with respect to
a site means that site physically touches upon another site or piece of land and shares a lot line
or boundary line with it.
ACCESSORY BUILDING, STRUCTURE OR USE - means a building, structure or use established or
erected in conjunction with or subsequent to the establishment of a principal building, structure
or use approved under this By-Law, and which is subordinate or incidental to, and located on
the same zoning site, as a principal building, structure or use. An exception may be made in
the case of parking facilities, which may be authorized to locate elsewhere by a variation order.
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AGRICULTURAL ACTIVITIES, GENERAL - means a use of land for agricultural purposes, including
the production of cereal crops, forage crops, and special crops such as oilseeds and legume; and
including accessory structures for storing or processing the agricultural commodities produced
on the owner's property; but does not include the following:
(a) livestock operations;
(b) storage or processing of agricultural products for the general public in return for
remuneration, or
(c) sales or servicing of agricultural equipment or agricultural buildings for remuneration.
AGRICULTURAL ACTIVITIES, SPECIALIZED - means intensive agricultural uses of land on small
acreages, including apiculture, horticulture and greenhouses, floriculture, market gardening and
nurseries.
ALTERATION - means a change or modification to an existing building, structure or use which
does not materially increase the exterior dimensions with respect to height or area.
ALTERATION, STRUCTURAL - means a structural alteration as defined in The Planning Act and
includes construction or alteration of supporting elements of a building or structure, including
foundations, load bearing walls, columns, beams, joists or girders.
ANIMAL HOUSING FACILITY - means a barn or an outdoor, non-grazing area where
livestock are confined by fences or other structures, and includes seasonal feeding areas,
but does not include feedlots or grazing areas.
ANIMAL KEEPING - means a land use where animals are sheltered, bred, raised, or sold;
this use includes structures such as corrals, stables, kennels, or pounds and includes all
types of animals including pets in limited numbers, and livestock where less than 10
animal units (cumulative across species) are kept.
ANIMAL HOSPITALS AND VETERINARY CLINICS - means a use that involves the care and
treatment of animals, including pets and livestock, either for limited durations or
extended periods of time.
ANIMAL UNIT - means the number of animals of a particular category of livestock that will
excrete 73 kg of total nitrogen in a 12-month period.
ASSISTED LIVING FACILITY - means a system of housing and limited care that is designed for
individuals who need some assistance with daily activities but do not require the level of care
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found in a nursing or personal care home. Typically, assistance is provided with bathing,
dressing, grooming, medications, and meal preparations.
AUTOMOBILE WRECKING - means the dismantling or wrecking of used motor vehicles, trailers,
or farm implements, or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked motor vehicles, trailers, farm implements, or their parts.
BASEMENT - means that portion of a building or structure which is wholly or partly below grade
and lies below the finished level of the floor directly above.
BED AND BREAKFAST ESTABLISHMENT - means a building or portion thereof, other than a hotel
or motel, where lodging or lodging and meals are provided for compensation, exclusive of the
proprietor and his family, similar in service to rooming and boarding houses.
BOARD - means the elected representatives of member Councils who operate as the decision-
making body of the Tanner's Crossing Planning District as established under the Planning Act.
BUILDING - means, for the purpose of this By-Law, any structure used or intended for
supporting or sheltering any use or occupancy, and for the purposes of this By-Law, shall also
include a mobile home.
BUILDING, HEIGHT OF - means the vertical distance measured from grade to the highest point
of a roof surface of a flat roof, to the deck of a mansard roof, and to the mean height between
eaves and ridge of a gable, hip or gambrel roof.
BULK - means the following:
(a) the size of buildings or structures in terms of floor area and height;
(b) the area and width of the site upon which a building or structure is located;
(c) the number of dwelling units within a building in relation to the area of the site;
(d) the location of exterior walls of buildings or structures in relation to site lines or to other
buildings or structures; and
(e) all open spaces relating to buildings or structures and their relationship thereto.
CANNABIS - means products derived from the cannabis plant used for medical or recreational
purposes, also known as marijuana, some of which contain the psychoactive drug
tetrahydrocannabinol (THC); cannabis is subject to the Cannabis Act of Canada as well as
The Town of Minnedosa Zoning By-Law 2567
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provincial legislation.
CANNABIS CULTIVATION AND PROCESSING - means the growing of cannabis plants and
harvesting materials from those plants, as well as associated activities, including a cannabis
nursery and varying scales of cultivation and processing (such as Standard and Micro Cultivation
as well as Standard and Micro Processing). The growing, harvesting, manufacturing, packaging,
and labelling of cannabis products destined for sale to consumers and the intra-industry sale of
these products is regulated by various levels of government.
CANNABIS RETAIL STORE OR OUTLETS - means premises authorized under license for the retail
sale of cannabis products.
CHILD CARE SERVICES - means the provision of care to a child for remuneration or reward for a
period in any one day not exceeding fourteen hours:
(a) Home Day Care - means the provision of child care service to a maximum of eight
children, not over twelve years of age, in a dwelling unit in which the owner or tenant
resides, or in churches, halls, or community centres, with access to an outdoor recreation
area; and
(b) Group Day Care - means the provision of child care service to nine or more children not
over the age of twelve in a provincially licensed facility with access to an outdoor creation
area.
CONDITIONAL USE - means, for the purpose of this By-Law, a use which, because of its unique
characteristics and the impact which it may have on nearby premises, will be subject to special
consideration and approval procedures which will take into account the public need for the
proposed use at a given location, as well as any mitigative measures deemed appropriate by
Council.
CONDOMINIUM - means a condominium as established under the provisions of The
Condominium Act and for the purposes of this By-Law, the area of a bare-land condominium
plan shall be deemed to be a zoning site. Condominium refers to shared ownership of real
property, in which each owner holds title to a specific unit and has a share of the common
elements (ex. roof, parking area, lobby, heating and cooling equipment), as well as any common
assets (ex. personal property like laundry machines, lawn furniture). Common elements of a
bare-land bungalow development may include internal roadways, visitor parking areas, plus
underground services like electrical, sewer and water.
COTTAGE or CABIN - means a dwelling constructed and used as a secondary or
intermittent
place of residence for seasonal vacations and recreational purposes, and not used as a
The Town of Minnedosa Zoning By-Law 2567
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permanent year-round residence.
COUNCIL - means the Council of The Town of Minnedosa.
DEVELOPMENT OFFICER - means a person appointed by the Tanner's Crossing Planning District
Board who is responsible for those duties as provided for herein.
DEVELOPMENT PERMIT - means a permit issued under this Zoning By-Law authorizing
development and may include a building permit.
DRIVE-IN ESTABLISHMENT - means an establishment with facilities for attracting and servicing
prospective customers traveling in automobiles, which are driven onto the site and where the
customer may or may not receive service in the vehicle but does not include a drive -in theatre.
DWELLING - means a building designed for residential occupancy in accordance with the
provisions of the Manitoba Building Code and The Buildings and Mobile Homes Act and includes
mobile homes and modular homes, plus the following:
(a) Dwelling, Farm - means a dwelling 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 as the agricultural activity;
(b) Dwelling, Multiple - means a building containing three (3) or more dwelling units, with
each dwelling unit being designed for exclusive use by one (1) occupant;
(c) Dwelling, Single - means a detached building containing one (1) dwelling unit designed for
single occupancy;
(d) Dwelling, Two - means a detached or semi-detached building containing two (2) dwelling
units, with each occupant having exclusive use of one dwelling unit.
(e) Dwelling, Secondary Suite - means a self-contained accessory dwelling unit to be located
within a permanent single detached dwelling on a single zoning site. A Secondary Suite
contains a single housekeeping unit and has a separate access, cooking, sleeping, and
sanitary facilities which are separate from and not shared with the occupants of the
principal dwelling. This residential use does not include duplex housing, semi-detached
housing, or apartment housing.
(f) Dwelling, Coach House - means a secondary suite located either above a detached private
garage (above grade), or, in a single-storey accessory dwelling attached to the side or rear
of a detached private garage (at grade). A Coach House has an entrance separate from the
vehicle entrance to the detached garage, either from a common indoor landing or directly
from the exterior of the structure.
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(g) Dwelling, Garden Suite - means a secondary suite contained in a separate (detached)
single-storey building, positioned at grade and to the rear of an existing principal building
on a single zoning site. A Garden Suite shall be accessory to the principal residential use on
the site which must be a permanent single detached dwelling.
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 size of a zoning site occupied by an existing use.
FARM BUILDING OR STRUCTURE - means any building or structure designed for and used for
agricultural activities but does not include a dwelling.
FEEDLOT - means a fenced area where livestock are confined solely for the purpose of
growing or finishing and are sustained by means other than grazing.
GARAGE, PRIVATE - means an accessory building or portion of a principal building used by the
occupants of the premises upon which it is located for the parking or temporary storage of
private passenger automobiles, as well as for the storage of other personal property.
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.
GROUP HOME - means a private residence for individuals with complex health needs, usually
used for children or young people who cannot live with their families, and also people with
chronic disabilities which may be adults or seniors.
HOME-BASED BUSINESS - means an accessory use which is carried on for gain principally by an
occupant of the dwelling unit, within the dwelling unit or any permitted accessory building or
structure and is incidental to or secondary to the residential use of the dwelling unit.
The Town of Minnedosa Zoning By-Law 2567
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KENNEL - means any premises on which more than a total of five (5) animals at least six months
of age are maintained, boarded, bred, trained, or cared for, in return for remuneration or are
kept for the purpose of sale. A kennel does not include a veterinary clinic, an animal hospital or
an animal pound.
LANE - means, for the purpose of this By-Law, a public right-of-way which is not as wide as a
street, and which affords only a secondary means of vehicular access to abutting property.
LIGHT INDUSTRIAL - means the manufacture or processing, modifying, blending, or fabricating
of previously processed or manufactured materials into a complete product. This use does not
include operations that produce excessive noise, vibration, odour, or any other means of
nuisance, and does not include hazardous, combustible, or explosive materials.
LIVESTOCK CONFINEMENT FACILITY - means a building, pen, corral or other non-grazing area
confined by fences and/or topography.
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, or
publicly owned agricultural exhibition ground.
LOADING SPACE - means an off-street space on the same site as a building for the temporary
parking of a commercial vehicle while loading or unloading merchandise or materials, and which
has access to a street or lane
MOBILE HOME - means a pre-fabricated portable dwelling unit that is designed and built to CSA
Z240 (or equivalent) standards, which is capable of being transported as a unit 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 intended to be used as a dwelling unit.
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 SITE - means a site in a mobile home subdivision which may be purchased by an
individual for the placement of a mobile home.
The Town of Minnedosa Zoning By-Law 2567
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MOBILE HOME SPACE - means a space in a mobile home park which may be rented 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 HOME - means a prefabricated single dwelling unit designed to CSA A277 (or
equivalent) standards (similar to but distinct from a mobile home), consisting of one or more
modules, and containing a framework that does not include wheels or towing tongue. Modular
homes are designed to be transported to a building site and may be folded, collapsed, or
telescoped when in tow and placed on a permanent foundation so as to be substantially affixed
to the site and connected to all required utilities, thereby making it immobile housing.
NON-CONFORMITY - means one, or a combination of two or more, of the following:
(a) A site or parcel of land;
(b) A building or structure; or
(c) A use of a building, structure, or land;
which lawfully existed prior to the effective date of this By-Law or amendments thereto but
does not conform to the provisions contained within this By-Law or amendments thereto.
NURSING HOME - means a facility that provides care and assistance to residents 24 hours a
day, 7 days a week, on a long-term basis and which may be a private business.
OPEN SPACE - means that portion of a zoning site at ground level which is required to be
unoccupied by principal or accessory buildings, as provided for by this By-Law. Open Space may
be landscaped and developed with various accessory structures, such as fences, as provided for
herein.
OUTSIDE STORAGE - means the storage of merchandise, goods, inventory, materials,
equipment, or other items that are not intended for immediate sale, by locating them outside.
PARCEL OF LAND - means a parcel as defined in The Planning Act.
PARKING LOT - means an open area of land used for the temporary parking of motor vehicles
which is available for public use whether free or for compensation, or which is an
accommodation for clients, customers, employees, or visitors.
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PARKING SPACE - means a space on a parking lot or on a zoning site which is used for the
temporary parking or storage of a motor vehicle.
PERMITTED USE - means the use of land or a building or structure provided in this By-Law for
which a development permit shall be issued upon an application having been made, if the use
meets all the requirements of this By-Law.
PERSONAL CARE HOME - means a facility that provides care and assistance to individuals 24
hours a day, 7 days a week, on a long-term basis, often owned and operated by the province.
PERSONAL SERVICES - means a building or part of a building in which persons are employed in
furnishing services and otherwise administering to the individual and personal needs of persons
and without limiting the generality of the foregoing may include such establishments as
massage parlors, barber shops, beauty parlors, hairdressing shops, hand laundries, shoe repair
and shoe-shining shops, tailoring and dressmaking shops, valets and depots for collecting dry
cleaning and laundry.
PRINCIPAL BUILDING - means a structure on a site used to accommodate the principal use.
PRINCIPAL USE - means the primary or predominant activity on any lot or within any building or
structure.
PUBLIC ROAD - means a road allowance, right-of-way, or other legally surveyed road invested
in the name of the Queen in Right of Manitoba, and maintained by the province or the
municipality, as the case may be.
PUBLIC UTILITY - means any system, works, plant, equipment or services which furnishes
services and facilities for the use of the general public, including:
(a) Communication by way of telephone, telegraph, or television;
(b) Production, transmission, delivery or furnishing of water, gas, or electricity; and
(c) Collection of sewage, garbage or other waste.
RECYCLING DEPOT means a premise where waste materials such as paper, plastic and metals
are collected and separated for storage, sale and transfer to market, and where all activities
including storage are carried out entirely within an enclosed building.
The Town of Minnedosa Zoning By-Law 2567
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RESIDENTIAL CARE FACILITY - means the use of any building or structure or part thereof,
however named, which is advertised, announced or maintained for the express or implied
purpose of providing lodging, meals, care and supervision or transitional services to persons not
related by blood, marriage or adoption to the operator nor to each other but does not include a
facility which is licensed or designated by the Manitoba Health Services Commission. A
Residential Care Facility may be a halfway type home, rehabilitation home, hostel, or group
foster home which provides meals, residential services, care and supervision for more than
two adults or children, who are under the care of a child care agency, or who may be post
mentally ill, mentally retarded or otherwise developmentally disabled.
ROOMING OR BOARDING HOUSE - means a private dwelling that offers either Rooming (i.e.
lodging only) or Boarding (i.e. lodging with meals and cleaning) for a fee.
SEASONAL FEEDING AREA - means an outdoor non-grazing area where livestock are kept
for the purpose of providing supplemental or total feed requirements on a seasonal basis,
and where manure builds up such that mechanical removal and land application is
required but does not include a feedlot.
SECONDARY SUITE, ATTACHED - defined as an accessory dwelling unit added or created
within a single-family residence that provides basic requirements for living, sleeping,
cooking, and sanitation. Only one secondary suite, either attached or detached, shall be
allowed per zoning lot.
SECONDARY SUITE, DETACHED - defined as a dwelling unit that is accessory to, but not
attached to a single family dwelling and provides basic requirements for living, sleeping,
cooking and sanitation. Only one secondary suite, either attached or detached shall be
allowed per zoning site.
SIGN - means any written, numeric, symbolic or pictorial representation, illustration, emblem,
banner, pennant or any other figure of similar character which is a structure or any part thereof,
or is attached to, painted on, or in any other manner represented on the exterior of a building
or structure, or is temporarily supported by other features such as props or wheels, and which is
used to identify or advertise, but shall not include display windows; and includes:
(a) Advertising Sign - means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered elsewhere than upon the same site where the
sign is maintained;
(b) Bulletin Board - means a sign of permanent character, but with movable letters, words, or
numerals indicating the names of persons associated with, or events conducted upon, or
products or services offered upon the premises upon which the sign is maintained;
The Town of Minnedosa Zoning By-Law 2567
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(c) Business Sign - means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same site where the sign is
maintained;
(d) Identification Sign - means a sign that identifies the owner, resident or the street address
and which sets forth no other advertisement;
(e) Mobile Sign - means any structure designed for transport, which is placed or maintained
at one (1) particular location for the expressed purpose and intent of promoting or
conveying an advertising message. The removal of the wheels from such a sign does not
change the inherent portability which was part of the design; and
(f) Temporary Signs - means signs of a temporary nature, such as those advertising the sale,
rental or lease of the premises on which it is maintained, or the construction of buildings.
SITE AREA - means the computed area contained within the site lines.
SITE, CORNER - means a site situated at the intersection of two streets.
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 LINE - means any boundary of a site, including:
(a) Front Site Line - means that boundary of a site which is along an existing or designated
street. For a corner site, the front site line shall be the shortest site line which abuts a
street;
(b) Rear Site Line - means that boundary of a site which is most nearly parallel to the front
site line, and in the case of a site in which the side site lines intersect, such as a triangular
site, a line ten feet in length within the site, parallel to and at the maximum distance from
the front site line;
(c) Side Site Line - means any boundary of a site which is not a front or rear site line; and
(d) Where an irregular shaped site cannot have its site lines defined by the foregoing
definitions, the front, rear and side site lines shall be determined by the Development
Officer.
SITE, THROUGH - means a site having a pair of opposite site lines along two more-or-less
parallel streets.
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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 forty (40)
feet distant from the front site line, whichever is the lesser.
SITE, ZONING - means an area of land which, unless provided for elsewhere herein, has frontage
on a street and is of at least sufficient size to provide the minimum requirements for use, area,
yards and other open spaces as are herein required.
STREET - means, for the purposes of this By-Law, a public right-of-way wider than a lane, the
title of which is vested in the Government of Manitoba but may be maintained by the
municipality, and which provides the principal means of access to abutting property.
STRUCTURE - means, for the purposes of this By-Law, anything constructed or erected with a
fixed location on the ground or affixed to something having a fixed location on the ground.
SURFACE WATERCOURSE - means the channel in or bed on which surface water flows or
stands, whether continuously or intermittently, but does not include a dugout 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.
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.
YARD, REQUIRED - means that portion of a site adjacent to a site line which is required to be an
unobstructed open space, except as otherwise permitted herein. A required yard extends along
a site line to a depth or width (measured perpendicularly from the site line) specified in the yard
requirement for the zone in which such site is located.
(a) Yard, Required, Front - means a yard extending along the full length of the front site
line between the side site lines;
(b) Yard, Required, Rear - means a yard extending along the full length of the rear site line
between the side site lines;
(c) Yard, Required, Side - means a yard extending along the side site line from the
required front yard to the required rear yard;
(d) Yard, Required, Corner Side - means a side yard which is adjacent to a street; and
(e) 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.
The Town of Minnedosa Zoning By-Law
A
APPENDIX A - ZONING MAPS
ATTACHED TO BY-LAW NO. 2567
OF
THE TOWN OF MINNEDOSA
The Town of Minnedosa Zoning By-Law
B
APPENDIX B - METRIC CONVERSION TABLES
ATTACHED TO BY-LAW NO. 2567
OF
THE TOWN OF MINNEDOSA
The Town of Minnedosa Zoning By-Law
B-1
APPENDIX B
METRIC CONVERSION TABLES
FEET
METERS
SQ. FEET
SQ. METERS
2
0.61
4
0.37
2.5
0.76
8
0.74
3
0.91
16
1.49
4
1.22
20
1.86
5
1.52
25
2.32
6
1.83
32
2.97
7
2.13
50
4.65
7.5
2.29
64
5.95
8
2.44
100
9.29
9
2.74
200
18.58
10
3.05
400
37.16
12
3.66
500
46.45
15
4.57
600
55.74
16
4.88
1000
92.90
17
5.18
2000
185.80
18
5.49
3000
278.70
20
6.10
3500
325.15
24
7.32
5000
464.50
25
7.62
6000
557.40
35
10.67
7500
696.75
40
12.19
9000
836.10
50
15.24
10000
929.00
60
18.29
15000
1393.50
75
22.88
20000
1858.00
100
30.48
30000
2787.00
125
38.10
40000
3716.00
150
45.72
-
-
200
60.96
-
-
500
152.40
-
-
1000
304.80
-
-
1500
457.20
-
-
ACRES HECTARES
2
0.81
5
2.02
80
32.38
The Town of Minnedosa Zoning By-Law
B-1