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MUNICIPALITY OF BRENDA-WASKADA
Zoning By-law
BY-LAW NO. 21-2017
Municipality of
Brenda-Waskada
Prepared By- Manitoba Indigenous and Municipal Relations - Community and Regional Planning Branch
2
THE MUNICIPALITY OF BRENDA-WASKADA
BY-LAW NO. 21-2017
BEING A BY-LAW to regulate the use and development of land within the Municipality of Brenda-
Waskada..
WHEREAS, Section 68 of the 2005 Planning Act, C.C.S.M., No. P80, requires the Council of a
municipality to adopt a zoning by-law which is generally consistent with a Development Plan
adopted for the area;
AND WHEREAS, pursuant to the Manitoba Planning Act, the Board of the Southwest Planning
District has by By-law adopted Development Plan 2020 By-law No. 1-2004;
NOW THEREFORE, the Council of the Municipality of Brenda-Waskada, in a meeting duly
assembled adopts the MUNICIPALITY OF BRENDA-WASAKADA- ZONING BY-LAW NO. 21-
2017.
DONE AND PASSED in Council duly assembled this ______ day of ______________, 2017.
READ A FIRST TIME THIS 12TH day of APRIL A.D., 2017.
READ A SECOND TIME THIS _____ day of _______________________ A.D., 2017.
READ A THIRD TIME THIS ______ day of ________________________ A.D., 2017.
The Municipality of Brenda-Waskada
______________________________
Head of Council
______________________________
Chief Administrative Officer
3
TABLE OF CONTENTS
PART 1: SCOPE .......................................................................... 1
PART 2: GENERAL REQUIREMENTS GOVERNING USES,
BUILDINGS AND STRUCTURES .................................................. 2
Use of Land ....................................................................................................................... 2
Public Utilities and Services ............................................................................................ 2
Existing Uses, Buildings and Structures ....................................................................... 3
Non-Conforming Uses ...................................................................................................... 3
Permitted Uses, Buildings and Structures ..................................................................... 4
Conditional Uses .............................................................................................................. 4
Accessory Uses, Buildings and Structures ................................................................... 4
PART 3: GENERAL BULK REQUIREMENTS ............................... 7
Purpose of Bulk and Yard Requirements ....................................................................... 7
Open Space Along Rural Roads ..................................................................................... 7
Corner Vision Triangles ................................................................................................... 7
Projections into Yards ...................................................................................................... 8
Double Frontage Sites ...................................................................................................... 8
PART 4: ZONING ........................................................................ 9
Purpose of Zones ............................................................................................................. 9
Zoning Districts................................................................................................................. 9
Use and Bulk Tables ....................................................................................................... 10
TABLE 4-1: "AG" AGRICULTURAL GENERAL ZONE - USE & BULK TABLE .......... 11
TABLE 4-2: "AL" AGRICULTURAL LIMITED ZONE - USE & BULK TABLE .............. 14
TABLE 4-3: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK TABLE .......... 16
TABLE 4-4: "M" INDUSTRIAL ZONE - USE & BULK TABLE ...................................... 19
TABLE 4-5: "CG" COMMERCIAL GENERAL ZONE - USE & BULK TABLE ............. 21
TABLE 4-5.1: MINIMUM PARKING REQUIREMENTS FOR USES IN THE "CG"
COMMERCIAL GENERAL ZONE ................................................................................ 22
TABLE 4-6: "O" OPEN SPACE ZONE - USE & BULK TABLE ................................... 23
4
PART 5: REQUIREMENTS FOR SPECIFIC USES ...................... 25
Home-Based Businesses ............................................................................................... 25
Livestock Operations ..................................................................................................... 25
TABLE 5-1: ANIMAL UNIT SUMMARY TABLE ........................................................... 28
Siting of Livestock Operations ...................................................................................... 29
TABLE 5-2: MINIMUM SEPARATION DISTANCES FOR SITING LIVESTOCK
OPERATIONS ............................................................................................................... 29
Special Limitations Governing Development of Rural Buildings and Structures,
including Farm Dwellings and Farm Buildings............................................................ 31
Hazardous Materials Storage ........................................................................................ 31
Oil Batteries ..................................................................................................................... 32
Wind Energy Generating Operations (WEGO) ............................................................. 33
PART 6: MISCELLANEOUS REQUIREMENTS .......................... 36
Land Subject to Flooding ............................................................................................... 36
High Water Table Areas ................................................................................................. 36
Site Reduced by Road Widening................................................................................... 36
Building Removal ........................................................................................................... 36
Road Access ................................................................................................................... 37
Public Monuments and Cairns ...................................................................................... 37
Signs ................................................................................................................................ 37
Temporary Buildings, Structures & Uses..................................................................... 37
Development Near Waste Disposal Sites ..................................................................... 38
Development Near Sewage Lagoons ............................................................................ 38
Railways .......................................................................................................................... 38
Development Near Provincial Highway System .......................................................... 38
Development Near Watercourses ................................................................................. 39
Private Water Supply and Sewage Disposal Systems ................................................ 39
Subdivision of Land ....................................................................................................... 39
PART 7: ADMINISTRATION ...................................................... 40
Administration and Enforcement .................................................................................. 40
Development Permits ..................................................................................................... 40
Development Officer ....................................................................................................... 42
Zoning By-law Amendments ......................................................................................... 43
Variances & Conditional Uses ....................................................................................... 43
Fee Schedule ................................................................................................................... 44
5
PART 8: ENFORCEMENT .......................................................... 45
Inspections ...................................................................................................................... 45
Contravention Order ....................................................................................................... 45
Review by the Board ...................................................................................................... 46
Remedying Contravention ............................................................................................. 46
PART 9: INTERPRETATION ...................................................... 47
Permitted Uses ................................................................................................................ 47
Definitions ....................................................................................................................... 47
Zoning Boundaries ......................................................................................................... 55
SCHEDULE "A" - ZONING MAPS ............................................... 57
MAP 1: MUNICIPALITY OF BRENDA-WASKADA
MAP 2: WASKADA
MAP 3: NAPINKA
MAP 5: GOODLANDS
MAP 6: MEDORA
1
PART 1: SCOPE
1.1
This By-law shall be known as the Municipality of Brenda-Waskada Zoning By-law
adopted under The Planning Act by the Municipality of Brenda-Waskada Council as By-law
No. 21-2017.
1.2
This By-law applies to all lands in the Municipality of Brenda-Waskada, as indicated on Map
1 of Schedule "A" of this By-law.
1.3
The Zoning By-law regulates the use and development of land in the Municipality and
includes requirements for development in each zone such as siting and setback standards.
1.4
This By-law regulates:
(a)
The construction, erection, alteration, enlargement or placing of buildings and
structures; and
(b)
The establishment, alteration or enlargement of uses of land, buildings and
structures.
1.5
No land, building or structure shall be used or occupied, and no building or structure shall be
constructed, erected, altered, enlarged or placed, except in accordance with this By-law, and
only after all required permits have been obtained by the owner.
1.6
Whenever a provision of a law or regulation of the provincial or federal government contains
a restriction governing the same subject matter contained in this By-law, or imposes
contradictory regulations with respect to uses, buildings or structures, the most restrictive or
highest standard shall prevail.
1.7
Nothing in this By-law, or in a Development Permit, approval of a Conditional Use or
Variance, or other approval issued under this By-law or The Planning Act, shall be construed
as authorization to establish any land use which is not compatible with adjacent
development and the surrounding area or which is not consistent with applicable land use
by-laws (i.e. Development Plan, Zoning By-law, or Secondary Plan by-laws in force and
effect).
1.8
By-law No.21-2017 is the first Zoning By-law enacted by the Municipality of Brenda-
Waskada.
2
PART 2: GENERAL REQUIREMENTS GOVERNING
USES, BUILDINGS AND STRUCTURES
Use of Land
2.1
Subject to Section 2.3 of this PART, no land, building or structure shall be constructed,
enlarged, placed, used or occupied except for a use which:
(a)
Is listed in the PART 4 of this By-law, Use and Bulk Tables, which apply to such
land, building or structure as:
(i)
a permitted use;
(ii)
a conditional use, subject to approval as such;
(b)
Is an accessory use; or
(c)
Is a use eligible for approval by variance order pursuant to The Planning Act (ex. a
use not listed, but substantially similar to a use permitted in a specific zone).
2.2
Where land or a building or structure is used for more than one purpose, all provisions of this
By-law relating to each use shall be satisfied. If there is a conflict, the higher or more
stringent requirement shall apply.
2.3
There shall be a maximum of one (1) dwelling unit per site or parcel of land, except for the
following:
(a)
Dwelling units which are required by employees or family members, who in the
opinion of Council, will be actively involved in an agricultural operation, and
(b)
Two-unit dwellings or multiple-unit dwellings as provided for in this By-law.
Public Utilities and Services
2.4
This By-law shall be interpreted so as not to interfere with the construction, erection and
location of the distribution facilities of a public utility. Office buildings, warehouse,
maintenance or storage compounds operated by a public utility shall be subject to the
provisions of this By-law.
Other utilities or services may or may not need local approval as follows:
(a)
Oil and gas pipelines, electric transmission lines and structures are deemed to be in
compliance with this By-law if they are carried out, constructed and operated in
accordance with federal and provincial law; and
3
(b)
Wind Energy Generation Operations (WEGO) are deemed to be in compliance with
this By-law if they are carried out in accordance with federal and provincial law and
the provisions of PARTS 4 and 5 of this By-law.
Existing Uses, Buildings and Structures
2.5
An existing use, building or structure which is classified as a permitted use, building or
structure in this By-law shall be allowed to continue to exist, and may be enlarged or
expanded, may be changed to another permitted use, or may be replaced if destroyed
subject to the following:
(a)
All buildings and structures existing at the effective date of this By-law are deemed to
conform to the bulk requirements of the zone in which the buildings or structures are
situated.
(b)
The enlargement, expansion, change in use, or replacement shall be subject to the
issuance of a development permit, and shall conform to all requirements of this By-
law.
2.6
An existing use, building or structure which is classified as a conditional use in this By-law
shall be deemed to be an appropriate conditional use, building or structure and shall be
allowed to continue to exist, may be changed to a permitted use, or may be replaced if
destroyed, provided that the replacement does not increase the intensity of the previously
existing use subject to the following:
(a)
Where an existing conditional use is changing to a permitted use, the change in use
or replacement shall be subject to the issuance of a development permit, and shall
conform with all requirements of this By-law; and
(b)
Where an expansion of an existing conditional use, or changing to another
conditional use, is proposed, these changes shall require the specific approval of
Council, in accordance with PART 7 of this By-law.
Non-Conforming Uses
2.7
An existing use, building or structure which is not classified as a permitted or conditional use,
building or structure by this By-law shall be considered as a non-conforming use, building or
structure, and shall be subject to the provisions of The Planning Act governing non-
conformities:
(a)
A non-conforming use shall be allowed to continue to exist, and may be changed to a
permitted use;
(b)
A non-conforming use shall not be intensified, and shall not be changed to a different
non-conforming use;
4
(c)
A non-conforming use shall not be re-established if it is discontinued for a period in
excess of one (1) year. A change in ownership or tenancy of a non-conforming use
shall not affect the status of the non-conforming use.
(d)
A non-conforming building or structure shall not be re-established if it is removed or
destroyed above the foundation by more than fifty (50) percent of its replacement
value; and
(e)
Other provisions of The Planning Act governing non-conforming uses, buildings and
structures apply, including a provision which enables Council to consider variance
orders in situations where non-conformities are proposed to be altered, including the
authorization of building repairs or time extensions for an additional 12 months.
Permitted Uses, Buildings and Structures
2.8
Where a use, building or structure is provided for as a permitted use by this By-law, the
owner shall normally be entitled to establish, expand or enlarge the use, building or
structure, subject to the issuance of a development permit, and provided that the use,
building or structure complies with all requirements of this By-law.
Conditional Uses
2.9
The classification of uses as conditional uses is intended to provide for a special process of
review and approval for certain types of development which, due to their inherent
characteristics, may have potential adverse impacts on nearby properties or resources.
2.10
Where a use, building or structure is provided for as a conditional use by this By-law, the
establishment, enlargement or expansion of the use, building or structure shall be subject to
the specific requirements of The Planning Act pertaining to conditional uses and PART 7
of this By-law.
Accessory Uses, Buildings and Structures
2.11
Except as provided under Section 2.12 of this PART (below), no accessory use shall be
established, and no accessory building or structure shall be constructed or erected, prior to
the establishment of the use of land, building or structure to which it is accessory (see
definition of "accessory" in PART 9, Section 9.3 of this By-law).
2.12
An accessory garage or storage building may be constructed or erected for the purpose of
storage of materials and equipment for use during construction of the principal building,
provided that a Development Permit has first been obtained for the principal building on the
site.
5
2.13
For the avoidance of doubt, an accessory use, building or structure may be accessory to an
approved conditional use; however, no accessory use or building shall be located or
constructed on the site prior to review and approval of the conditional use by Council in
accordance with PART 7 of this By-law.
2.14
A use shown as a conditional use in PART 4, Use and Bulk Tables cannot be accessory
to a use listed as a permitted use for the same zoning district.
2.15
Where an accessory building or structure is attached to a principal building or structure by
means of a foundation, wall or roof, it shall be deemed to be part of the principal building or
structure for the purposes of administering and enforcing this by-law.
2.16
Accessory buildings, structures and uses include the following in ALL ZONES:
(a)
Incinerators, private sewage disposal systems (subject to approval by the provincial
authority having jurisdiction), private water supply wells, and signs (see PART 6,
Sections 6.9 and 6.10 of this By-law);
(b)
Communication structures, such as private non-commercial television and radio
antennas, aerials, satellite dishes, and other such equipment used for personal use;
2.17
Accessory buildings, structures and uses in ALL ZONES, except as otherwise regulated
in this By-law, shall be subject to the following additional requirements:
a. Where an accessory building or structure is attached to a principal building or
structure, it shall be subject to and shall conform to, all requirements of this By-law
applicable to the principal building or structure;
b. Detached accessory buildings or structures shall not be located in any required front
yard of the principal use, except as provided for elsewhere in this By-law;
c. In no instance shall an accessory building or structure be located within the
boundaries of a dedicated easement or right-of-way.
d. Accessory buildings and structures proposed to be located within the established
control areas adjacent to a provincial highway may require a permit from the
Highway Traffic Board or the provincial department having jurisdiction.
2.18
Accessory buildings, structures and uses include the following in the "AG" and "AL"
Agricultural Zones:
a. Farm dwellings, including a single-unit dwelling or a mobile home, when on the same
site with a permitted or conditional agricultural use;
b. Staff dwellings (to include a single-unit dwelling, multiple-unit dwelling, dormitory and
mobile home) when on the same site with permitted or conditional agricultural use
and other permitted or approved uses, where, in the opinion of the Council, said
dwellings are essential for the maintenance, operation and care of the permitted or
conditional use;
6
c. Farm buildings or structures for the operation and maintenance of an agricultural
use;
d. Storage of goods used in or produced by agricultural activities on the same site with
such activities, unless such storage is excluded by the zone requirements;
e. A children's playhouse, garden house, gazebo and children's shelter at a school bus
stop;
f.
A private garage including portable/fabric shelters, carport, covered patio, tool house,
shed and other similar buildings for storage of domestic equipment and supplies;
g. Home daycare and group daycare;
h. Home based businesses, (see PART 5, Section 5.1 of this By-law);
i.
Swimming Pools (also subject to public safety requirements and approval under the
Building By-law).
2.19
Accessory Buildings, Structures and Uses include the following in the "GD" General
Development Zone:
(a)
A children's playhouse, garden house, gazebo and children's shelter at a school bus
stop;
(b)
A private garage including portable/fabric shelters, carport, covered patio, tool house,
shed and other similar buildings for storage of domestic equipment and supplies;
(c)
Home daycare and group daycare;
(d)
Home based businesses, (see PART 5, Section 5.1 of this By-law);
(e)
Swimming Pools (also subject to public safety requirements and approval under the
Building By-law).
7
PART 3: GENERAL BULK REQUIREMENTS
Purpose of Bulk and Yard Requirements
3.1
In order to maintain the rural character as well as a reasonable and consistent density of
development in the municipality, no land, building or structure shall be used or occupied, and
no building or structure shall be constructed, erected, altered, enlarged or placed, except in
accordance with the minimum site area, minimum site width and yard requirements
prescribed for each zone and use in the Use and Bulk Tables, and the other requirements of
this By-law. Within all zones, the required yards are intended to provide open spaces
around buildings and structures for purposes of amenity, privacy, fire protection, and
maintenance operations along the walls of buildings.
Open Space Along Rural Roads
3.2
Areas adjacent to rural intersecting roads shall be kept clear of features which would
contribute to snow drifting problems on the roadway, or which would represent a safety
hazard to motorists. Within areas which are zoned "AG" Agricultural General Zone, the
following provisions shall apply to any required front yard, side yard or rear yard which is
adjacent to an improved government road allowance, highway or other municipal road:
(a)
No building or structure shall be constructed or located within the required yard,
except for electric fences, barbed wire fences, chain link fences, wooden rail fences
which are at least seventy-five (75) percent open in character, signs less than fifty
(50) square feet in surface area, and small shelters for children at school bus stops;
(b)
No excavation such as a dugout or gravel pit shall be located within the required
yard;
(c)
No substantial planting (such as a shelterbelt or hedge) exceeding a height of three
(3) feet shall be located within the required yard; and
(d)
No substantial stockpiling of materials, such as soil, gravel, bales or cordwood shall
be located within the required yard.
Corner Vision Triangles
3.3
In order to provide for a reasonable measure of traffic safety within the communities' "GD"
General Development Zones, it is considered important to provide for good visibility
conditions at street intersections, by establishing special open space requirements as
follows:
(a)
No building, structure, vehicular parking space, shelterbelt, hedge or stockpiling of
materials exceeding a height of three (3) feet above grade shall be located within a
8
triangular area of any site adjacent to an intersection of two public streets, with the
sides of the triangular area being measured a distance of ten (10) feet along each
property boundary from the point of intersection.
Projections into Yards
3.4
Required yards in ALL zones shall be maintained as open space areas on all sites, except
as follows:
(a)
Open, unenclosed projections of a building, including eaves, awnings, stairs,
landings, wing-walls, raised decks and balconies, may extend into a required yard up
to fifty (50) percent of the required yard depth to a maximum projection of five (5)
feet, whichever is the lesser (also see PART 6, Section 6.13 of this By-law
regarding wheelchair ramps);
(b)
Enclosed projections of a building, including chimneys, alcoves, and bay windows
may extend into a required yard up to fifty (50) percent of the required yard depth to
a maximum projection of five (5) feet, whichever is the lesser, provided that no more
than twenty (20) square feet of ground surface area within any required yard is
occupied by these types of projection;
(c)
Landscaping features such as driveways, sidewalks, and patios at grade level,
ornamental plantings, fences and other decorative features are permitted within any
required yard, provided that in the "GD" Zone the maximum height of a fence in any
required front yard shall be three (3) feet, and the maximum height of a fence in any
required side or rear yard shall be six (6) feet; and
(d)
Portable buildings not exceeding one-hundred (100) square feet in floor area for the
storage of domestic equipment may be located within any required interior side yard
or required rear yard, provided that a separation distance of one (1) foot is
maintained from the site line, and a separation distance of three (3) feet is
maintained from any dwelling.
Double Frontage Sites
3.5
Within the "GD" General Development Zone, where a site has frontage along two more or
less parallel streets, the following provisions shall apply:
(a)
Where the site depth is greater than two-hundred (200) feet, both site lines which
abut these streets shall be considered to be front site lines, and the adjacent yards
shall both be considered to be required front yards; and
(b)
Where the site depth is two-hundred (200) feet or less, only one (1) site line shall be
considered to be the front site line, and this determination shall be made by the
development officer, based on the arrangement of existing buildings in the immediate
area.
9
PART 4: ZONING
Purpose of Zones
4.1
The zoning districts established in this By-law are intended to provide sufficient land in
suitable locations to meet the needs of the proposed development, and to be consistent with
the policies of the Southwest Planning District Development Plan as well as being
compatible with existing development in the community.
Zoning Districts
4.2
Uses of land in the municipality are regulated in accordance with the following zoning
districts:
(a)
"AG" Agricultural General Zone
(b)
"AL" Agricultural Limited Zone
(c)
"GD" General Development Zone
(d)
"M"
Industrial Zone
(e)
"CG" Commercial General Zone
(f)
"O"
Open Space Zone
the extent of these zoning districts are shown on maps comprising Schedule "A" of this
By-law and a brief explanation of each zoning district follows:
The "AG" Agricultural General Zone is hereby established in this Zoning By-law and
is intended to:
-
Support and strengthen the agricultural industry in the Southwest Planning District
and to provide flexibility and opportunity for farm operators to engage in a variety of
agricultural uses and farming practices; and
-
Protect the agricultural industry and its land resources in recognition of agriculture's
contribution to the economy, lifestyle and character of the Southwest Planning
District.
-
Provide opportunities under the conditional use process to diversify land uses
within the agricultural area to include agri-related commercial or industrial
enterprises.
10
The "AL" Agricultural Limited Zone is here established in this Zoning By-law and is
intended to:
-
Sustain continued limited agricultural use of agricultural land within the areas
immediately adjoining the urban settlements of Waskada, Goodlands, Medora and
Napinka, in a manner compatible with existing urban development in the community;
and
The "GD" General Development Zone is hereby established in this Zoning By-law and
is intended:
-
Provide development areas within the urban settlements of Goodlands, Medora,
Waskada and Napinka, in accordance with the policies of the Southwest Planning
District Development Plan. The "GD" General Development Zone provides as
permitted uses, those uses generally found in small communities to be compatible
with residential uses as well as schools, recreation facilities and limited commercial
uses. Conditional uses in this zone represent uses that may be characterized by
larger building scale, traffic, operating processes and storage needs, which require
site specific assessment to ensure the right locational fit within the community.
The "M" Manufacturing/Industrial Zone is hereby established in this Zoning By-law
and is intended:
-
Provide development areas for future industrial uses within the municipality, in
accordance with the Southwest Planning District Development Plan's Industrial
policies.
The "CG" Commercial Development Zone is hereby established in this Zoning By-law
and is intended to:
-
Allow for future commercial or industrial uses that require larger sites or highway
exposure.
The "O" Open Space Zone is hereby established in this Zoning By-law and is
intended to:
-
allow for limited public and recreational uses in the shorter term, but reserved for
residential and commercial uses in the longer term.
Use and Bulk Tables
4.3
The permitted uses and conditional uses prescribed for sites within each zoning district
are those set out in the Use and Bulk Tables (below) in this PART of the By-law.
11
TABLE 4-1: "AG" AGRICULTURAL GENERAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(a)
Rear
Yard
(feet)
PERMITTED USES
Advertising Signs, exceeding 50 sq. ft. in area
As determined by Council
Agriculture (General) including farm dwellings,
pasturing of livestock, and apiaries (b).
80
1,000
125
25
25
Livestock Operations up to 299 A.U.(c) (g) (also see
Part 5)
80
1,000
125
25
25
Oil Batteries (See Section 5.17 - 5.25)
-
-
125
50
50
CONDITIONAL USES
Agriculture (Specialized) (b) including apiaries
2
200
125
25
25
Aircraft Landing Areas
10
200
125
25
25
Auction Marts / Auction Grounds
2 (f)
200
125
25
25
Campgrounds
2 (f)
200
125
25
25
Cemeteries
2 (f)
200
125
25
25
Community Halls (h)
2 (f)
200
125
25
25
Livestock Operations including those in excess of 299
AU (c) (g) (See Sections 5.2 - 5.9)
80
1,000
125
25
25
Earth Moving Contractors (e)
2 (f)
200
125
25
25
Establishments for the storage, handling or processing
of agricultural produce (e)
2 (f)
200
125
25
25
Establishments for the sales, storage or distribution of
agricultural supplies, equipment or structures (e)
2 (f)
200
125 (d)
25 (d)
25 (d)
Exhibition or Fair Grounds
2
200
125
25
25
Dwellings, Non-farm (f) (g)
2 (f)
200
125
25
25
Kennels
2 (f)
200
125
25
25
Manufacturing, Fabricating, Machining, Processing or
Repair Establishments (e)
2 (f)
200
125
25
25
Motor Vehicle or Agricultural Equipment Body Shops,
Salvage or Wrecking Operations (e)
2 (f)
200
125
25
25
Museums or Historic Sites
2 (f)
200
125
25
25
Oil Batteries (See Section 5.17 - 5.25)
-
-
125
50
50
Public Works Compounds and Buildings (e)
2 (f)
200
125
25
25
Outdoor Recreation Facilities including but not limited
to golf courses
2
200
125
25
25
Religious Institutions (h)
2 (f)
200
125
25
25
Riding Academies and Stables
2 (f)
200
125
25
25
Rural Convenience Stores & Restaurants
2 (f)
200
125
25
25
Sewage Lagoons
2
200
125
25
25
Surface Mining Operations, including gravel pits
2
200
125
25
25
Telecommunications Towers
2 (f)
200
125
25
25
Trucking Establishments (e)
2 (f)
200
125
25
25
Veterinary Clinics (e)
2 (f)
200
125
25
25
Waste Disposal Sites
2
200
125
25
25
Wind Energy Generating Operations (WEGO) (See
PART 5 Sections 5.26 - 5.45)
-
-
125
-
-
12
TABLE 4-1: "AG" AGRICULTURAL GENERAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(a)
Rear
Yard
(feet)
ACCESSORY BUILDINGS,
STRUCTURES AND USES (See PART 2,
Sections 2.11 to 2.19)
-
-
125
25
25
The following "AG" zone requirements form part of this TABLE 4-1:
(a)
Yards Adjacent to Roadways
(i)
Where a side site line is adjacent to a government road allowance or other municipal
road, the minimum required side yard shall be 125 feet.
(ii)
Where a rear site line is adjacent to a government road allowance or other municipal
road, the minimum required rear yard shall be 125 feet.
(b)
Siting of Apiaries
Apiaries shall be considered as a conditional use when proposed to be located within one-
quarter (1/4) mile of a residence when the owner of the residence has not consented to such
a location.
(c)
Livestock Operation Application Information Requirements
Applications to establish new or expand existing livestock operations as a permitted use or
as a conditional use must be made on the forms prescribed by Council and provide
information required under PART 5 of this By-law.
(d)
Anhydrous Ammonia
Anhydrous ammonia storage facilities shall be set back 330 feet from any public roadway,
and shall be separated by a distance of 2,640 feet from any individual residence and shall be
separated by a distance of 2,640 feet from the boundaries of any designated or zoned rural
residential area, seasonal recreation area and all urban settlements.
(e)
Agri-Commercial and Industrial Uses
These types of uses may be allowed in the "AG" Agricultural General Zone only if Council
is satisfied that no suitable site is available in a community, in accordance with the policies of
the Southwest Planning District Development Plan.
13
(f)
Maximum Site Area
The maximum site area for non-farm dwellings shall be ten (10) acres, unless physical
features of the site (such as natural drains, shelterbelts, etc.) would indicate that a larger site
would be appropriate.
(g)
Rural Residential Standards
(i)
Subject to policies respecting non-farm dwellings in the Southwest Planning
District Development Plan, a "good neighbour policy" shall be applied in all
decisions regarding the proximity between residential uses, oil batteries and livestock
operations. Separation distances for newly siting and/or expanding livestock
operations, oil batteries and rural residential development proposed in the "AG"
Zone shall be guided by the minimum mutual separation requirements for newly
siting or expanding livestock operations of PART 5 of this By-law.
(ii)
Furthermore, any rural residential development located within a designated rural
residential cluster as identified in the Southwest Planning District Development
Plan will require lot sizes of sufficient area to provide for effective on-site private
sewage waste disposal and an adequate potable water supply as approved under
provincial regulations.
(h)
Religious Institutions in the "AG" Agricultural General Zones
New uses of this type may be allowed in the "AG" Agricultural General Zone only if no
suitable site is available in an existing urban community.
14
TABLE 4-2: "AL" AGRICULTURAL LIMITED ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(a) (b)
Rear
Yard
(feet)
(a) (b)
PERMITTED USES
Advertising Signs in excess of 50 sq. ft.
As determined by Council
Agriculture (General and Specialized) including
associated farm dwellings and livestock pasturing, but
excluding livestock operations except as provided
under conditional uses and Section 5
40
1,000
125
25
25
Community Halls (d)
2
200
125
25
25
Exhibition Grounds
2
200
125
25
25
Livestock operations less than 50 AU in size (see
PART 5, Sections 5.3 (b) of this by law for additional
information)
40
1,000
125
25
25
Market Gardens, Nurseries or Greenhouses
2
200
125
25
25
Public Recreation Facilities
2
200
125
25
25
Oil Batteries (See Section 5.17 - 5.25)
-
-
125
50
50
CONDITIONAL USES
Apiaries
2 (e)
200
50
25
25
Auction Marts
2 (e)
200
50
25
25
Campgrounds
2 (e)
200
50
25
25
Earth Moving Contractors
2 (e)
200
50
25
25
Establishments for the storage, handling or processing
of agricultural produce (d)
2
200
50
25
25
Establishments for the sales, storage or distribution of
agricultural supplies, equipment or structures (d)
2 (e)
200
50
25 (f)
25 (f)
Establishments related to the harvesting of natural
resources, such as oil and gas
2 (e)
200
50
25
25
Establishments related to the storage and handling of
agriculture fertilizers and bulk fuel storage excluding
anhydrous ammonia storage
2 (e)
200
50
25
25
Dwellings, single-unit
(f)
(f)
(f)
(f)
(f)
Livestock (c) (See Sections 5.2 - 5.9)
40
300
125
25
25
Kennels
2 (e)
200
50
25
25
Manufacturing, Fabricating, Machining, Processing or
Repair Establishments (d)
2 (e)
200
50
25
25
Motor Vehicle or Agricultural Equipment Body Shops,
Salvage or Wrecking Operations
2 (e)
200
50
25
25
Museums or Historic Sites
2 (e)
200
50
25
25
Oil Batteries (see Section 5.17 - 5.25)
-
-
125
50
50
Public Works Compounds and Maintenance Buildings
2 (e)
200
50
25
25
Outdoor Extensive Recreation Facilities including but
not limited to golf courses
2 (e)
200
50
25
25
Religious Institutions (d)
2 (e)
200
50
25
25
Riding Academies and Stables (c)
2
200
50
25
25
Sewage Lagoons
2
200
50
25
25
Trucking Establishments (d)
2 (e)
200
50
25
25
Veterinary Clinics
2 (e)
200
50
25
25
15
TABLE 4-2: "AL" AGRICULTURAL LIMITED ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(a) (b)
Rear
Yard
(feet)
(a) (b)
ACCESSORY USES, BUILDINGS AND
STRUCTURES (See PART 2, Sections 2.11 to
2.19)
-
-
50
25
25
The following "AL" zone requirements form part of this TABLE 4-2:
(a)
In the case of sites which abut roads under the jurisdiction of the Province of Manitoba, the
adjoining yard requirements shall be as established by the provincial authority having
jurisdiction.
(b)
Where a side site line or rear site line is adjacent to a government road allowance or other
municipal road, the minimum required side yard or rear yard shall be fifty (50) feet.
(c)
Sites which are associated with keeping of livestock shall be subject to Part 5 of this By-law.
(d)
New uses of this type may be allowed in the "AL" Agricultural Limited Zone only if no
suitable site is available in an existing urban community.
(e)
The maximum site area shall be ten (10) acres, unless physical features of the site (such as
natural drains, shelterbelts, etc.) would in the opinion of Council indicate that a larger site
would be appropriate.
(f)
A single-unit dwelling, where it is incidental and necessary to an approved conditional use,
may occupy a zoning site, but must be included within the parcel under the same title as the
principal use of the site and comply with all bulk requirements for the use within TABLE 4-2
of this PART.
16
TABLE 4-3: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Accommodation Facilities, i.e. Hotels and Motels (b)
15,000
100
25
15
25
Advertising Signs in excess of 50 sq. ft.
-
-
As determined by Council
Bakeries (b)
5,000
50
25 (c)
15 (c)
25 (c)
Bed and Breakfast Establishments with a maximum of
four (4) suites (b)
5,000
50
25
15
25
Boarding or Rooming Houses with a maximum of four
(4) suites (b)
7,500
75
25
15
25
Campgrounds (b)
20,000
100
25
15
25
Clubs, Private or Public (b)
15,000
100
25 (c)
15 (c)
25 (c)
Cultural Facilities, including auditoriums, community
clubs, golf courses and halls, libraries, museums,
theatres and historic sites
15,000
100
25 (c)
15 (c)
25 (c)
Day Care Facilities, accommodating up to eight (8)
children (b)
7,500
75
25
15
25
Dwellings, single-unit (b)
5,000
50
25
15
25
Dwellings, mobile home (b) (d)
5,000
50
25
15
25
Dwellings, two-unit (b)
7,500
75
25
15
25
Dwellings, multiple-unit (b)
(e)
100
25
15
25
Emergency Services, including police and fire stations
(b)
10,000
100
25 (c)
15 (c)
25 (c)
Establishments for the provision of personal services,
including offices, financial institutions, clinics, salons,
day care facilities and funeral homes (b)
7,500
75
25 (c)
15 (c)
25 (c)
Establishments for the sale of goods or services,
provided that all storage is within a fully enclosed
building
6,000
60
25 (c)
15 (c)
25 (c)
Exhibition Grounds (b)
20,000
100
25
15
25
Food/Beverage Service Establishments (b)
7,500
75
25 (c)
15 (c)
25 (c)
Institutional Buildings, including hospitals, schools,
personal care homes and senior citizen homes (b)
20,000
100
25
15
25
Nurseries or Greenhouses
15,000
100
25
15
25
Parks or Playgrounds
1,000
20
-
-
-
Public Parking Areas
5,000
50
-
-
-
Public Utilities
15,000
(f)
100 (f)
25 (c) (f)
15 (c)
(f)
25 (c) (f)
Recreation Facilities
15,000
100
25 (c)
15 (c)
25 (c)
Religious Institutions (b)
10,000
100
25 (c)
15 (c)
25 (c)
Residential Care Facilities, providing service to up to
four (4) persons (b)
10,000
100
25
15
25
CONDITIONAL USES
Boarding or Rooming Houses with more than four (4)
suites
15,000
100
25
15
25
Day Care Facilities accommodating nine (9) children
or more (b)
15,000
100
25
15
25
17
TABLE 4-3: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
Earth Moving Contractors and Ready-Mix Concrete
Suppliers
15,000
100
25
15
25
Establishments for the storage, handling or processing
of agricultural produce
15,000
100
25
15 (g)
25 (g)
Establishments for the sales, storage or distribution of
agricultural supplies, equipment or structures,
including card lock establishments
15,000
100
25
15 (g)
25 (g)
Establishments for the sale of goods and services,
where there is exterior storage of products
15,000
100
25 (c)
15 (c)
25 (c)
Manufacturing, Fabricating, Machining, Processing or
Repair Establishments
15,000
100
25 (c)
15 (c)
25 (c)
Public Works Compounds and Maintenance Buildings
15,000
100
25
15
25
Residential Care Facilities providing service to five (5)
or more persons (b)
15,000
100
25
15
25
Sewage Lagoons
15,000
100
25
15
25
Trucking Establishments
15,000
100
25
15
25
Veterinary Clinics
15,000
100
25
15
25
Storage Buildings, Lumber yards and Warehouses for
non-hazardous materials (b)
10,000
100
25
15 (c)
25 (c)
ACCESSORY USES, BUILDINGS AND
STRUCTURES (See PART 2, Sections 2. 11 to
2.19)
-
-
(h)
5 (i) (j)
5(i) (j)
The following "GD" zone requirements form part of this TABLE 4-3:
(a)
In addition to the minimum requirements of this TABLE 4-3, the following requirements shall
also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet, except for grain storage structures, fuel and fertilizer storage tanks and church
steeples.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet, if accessory to a residence, and eighteen (18) feet if accessory to a non-
residential use, except for grain storage structures, fuel and fertilizer storage tanks,
church steeples and telecommunications towers.
(iii)
Minimum dwelling unit area shall be 600 square feet for a residential building, and
400 square feet for an accessory residential suite within a commercial building.
(b)
Where the site is not serviced by municipal water and sewer services, provincial
requirements for access to an adequate supply of potable water shall apply plus any private
sewage disposal system shall be subject to approval under provincial regulations and the
following minimum bulk requirements shall apply:
18
(i)
Minimum required site area - 15,000 square feet
(ii)
Minimum required site width - 100 feet
(iii)
Minimum required side yard - 10 feet, except for the street side of a corner site, in
which case the minimum required side yard shall be fifteen (15) feet, or where the
side wall contains a window with an area in excess of (20) square feet, or where the
height of the building exceeds twenty (20) feet, in which case the minimum required
side yard shall be fifteen (15) feet.
(c)
When located in the business area of the community, the minimum required yard shall be
five (5) feet.
(d)
For mobile home sites, there shall be an open space at least twenty (20) feet by fifty (50) feet
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.
(e)
The minimum required site area for the first three (3) dwelling units shall be 9,000 square
feet, and the minimum required site area shall increase by an additional 1,000 square feet
for each additional dwelling unit above three (3) units.
(f)
Where the proposed development consists of a building or structure less than 100 square
feet in floor area, a smaller site may be approved, provided that the site is not adjacent to a
required front yard of a residential site, and provided that a separation distance of seven (7)
feet is maintained from all site lines.
(g)
Where the side or rear site line of a site coincides with the boundary of a railway right-of-
way, the required yard shall be zero (0) feet for those structures which require railway
service for loading or unloading.
(h)
The minimum required front yard for accessory buildings and structures shall be the same,
as the minimum required front yard for the principal building on the same site.
(i)
In the case of buildings or structures, which are accessory to residential uses, when located
entirely to the rear of the principal building, the minimum required side yard and rear yard for
accessory buildings and structures shall be three (3) feet.
(j)
Where an accessory building is used for the storage of a motor vehicle, the wall which
contains the vehicular access door shall be set back a minimum distance of fifteen (15) feet
from a public road or lane used for access to this building.
19
TABLE 4-4: "M" INDUSTRIAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(c) (d)
Side
Yard
(e)
Rear
Yard
(f)
PERMITTED USES
Advertising Signs in excess of 50 sq. ft.
-
-
As determined by Council
Agricultural Machinery Parts and Equipment,
manufacturing, repairs, sales and service
20,000
100
30
10
20
Autobody Shops
6,000
50
25
5
20
Automotive, bicycle and marine vehicles and parts,
manufacturing sales, repair, service and rental
10,000
80
30
10
20
Blacksmith Shops
6,000
50
25
5
20
Earth Moving Contractors and Ready-Mix Concrete
Suppliers
10,000
100
25
15
20
Establishments for the storage, handling or processing
of agricultural produce
10,000
80
30
10
20
Maintenance and Public Works Yards (a)
10,000
80
30
10
20
Manufacturing general and assembly of pre-
manufactured parts
10,000
80
30
10
20
Petroleum or petroleum products bulk stations sales
and storage
10,000
80
30
10
20
Public Utilities
10,000
80
30
10
20
Public Works Compounds and Maintenance Buildings
5,000
50
25 (b)
10 (b)
20 (b)
Storage facilities and compounds exterior for non-
hazardous materials (a)
5,000
50
25 (b)
Storage yards for Lumber sales (a)
20,000
100
30
10
20
Trucking Establishments
20,000
100
30
10
20
CONDITIONAL USES
Auto wrecking and used parts storage and sales yards
(g)
20,000
100
30
10
20
Chemicals and gas compounding plants, bulk storage
and handling facilities
20,000
100
300
10
20
Dwellings for security or maintenance personnel
6,000
50
25
5
20
Recycling Yards (b)
10,000
80
30
10
20
ACCESSORY USES, BUILDINGS AND
STRUCTURES (See PART 2, Sections 2.11 to
2.19)
The following "M" zone requirements for part of this TABLE 4-4:
(a)
Requires construction of a six (6) foot light proof fence around the storage area. In the event
of a light proof fence is not provided, this use shall be deemed a conditional use;
(b)
Outdoor storage requires that it occur in the rear yard and is fenced from view of adjoining
properties by a six (6) foot light proof fence;
(c)
Front yards shall include landscaped green space adjacent to the street right-of-way, at least
ten (10) feet in depth as measured from the front property line;
20
(d)
Parking of customer and employee vehicles may occur in the front yard;
(e)
Access and loading lanes utilizing the side yard must not encroach on the side yard set
back;
(f)
Outdoor storage and loading areas may occur within the rear yard;
(g)
Storage in the front yard may be permitted provided it is set back from the road right-of-way
the minimum front yard distance and is screened from the street by the establishment of a
minimum of a six (6) foot light proof fence around the storage area for that portion of the site
within the front yard of the building, provided no storage of materials may exceed the height
of the light proof fence.
21
TABLE 4-5: "CG" COMMERCIAL GENERAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a) (c)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
(b)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Accommodation Facilities, including Hotels and Motels
10,000
100
25
25
25
Advertising Signs in excess of 50 sq. ft.
-
-
As determined by Council
Bakeries
5,000
50
25
10
25
Clubs, Private or Public
5,000
50
25
10
25
Cultural Facilities, including auditoriums, community
clubs and halls, libraries, museums, theatres and
historic sites
5,000
50
25
10
25
Churches
5,000
50
25
10
25
Emergency Services including police and fire stations
5,000
50
25
10
25
Drive-Through facilities or businesses
5,000
50
25
10
25
Establishments for the provision of personal services,
including offices, financial institutions, clinics, salons,
day care facilities and funeral homes, public or private
health care facilities, dental offices
5,000
50
25
10
25
Establishments for the sale of goods or services,
provided that all storage is within a fully enclosed
building
5,000
50
25
10
25
Establishments for the sale of goods and services,
where there is exterior storage of products (b)
10,000
100
25
15
25
Food or Beverage Service Establishments
5,000
50
25
10
25
Gas Stations (subject to provincial regulations)
5,000
50
25
10
25
Institutional Buildings, including hospitals, schools,
personal care homes and senior citizen homes
20,000
100
25
15
25
Parks or Playgrounds
1,000
20
-
-
-
Printing or Publishing Establishments
5,000
50
25
10
25
Public Parking Areas
5,000
50
-
-
-
Public Utilities
5,000
50
25
10
25
Recreation Facilities
5,000
50
25
10
25
Religious Institutions
5,000
50
25
10
25
Vehicle Sales and Service (b)
5,000
50
25
10
25
CONDITIONAL USES
Dwelling units in commercial units
As determined by Council
Fuel Sales and Storage Establishments
5,000
50
25
10
25
Grain and Fertilizer Storages
5,000
50
25
10
25
Manufacturing, Fabricating, Machining, Processing or
Repair Establishments, not described elsewhere in
this TABLE
5,000
50
25
10
25
Nurseries or Greenhouses (b)
5,000
50
25
10
25
Public Works Compounds and Maintenance Buildings
(b)
5,000
50
25
10
25
Storage Buildings and Warehouses for Non-
Hazardous Materials (b)
5,000
50
25
10
25
Storage Facilities and Compounds, Exterior, for Non-
Hazardous Materials (b)
5,000
50
25
10
25
22
TABLE 4-5: "CG" COMMERCIAL GENERAL ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a) (c)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
(b)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
Trucking Establishments
10,000
100
25
15
25
Veterinary Clinics
10,000
100
25
15
25
ACCESSORY USES, BUILDINGS AND
STRUCTURES (See PART 2, Sections 2.11 to
2.19)
-
-
25
10
25
The following "CG" zone requirements form part of this TABLE 4-4:
(a)
In addition to the minimum requirements of this TABLE, the maximum allowable height for all
principal buildings and structures shall be thirty (30) feet, and the maximum allowable height
for all accessory buildings and structures shall be eighteen (18) feet, with the exception of
grain storage structures, fuel and fertilizer storage tanks, church steeples and
telecommunications towers.
(b)
No open storage shall be permitted in the front yard except for vehicle displays. Open
storage may be permitted in a side or rear yard provided, where side or rear yards abut a
public street or highway, the open storage is screened with a solid fence at least six (6) feet
in height.
(c)
Off-street parking spaces for general commercial uses shall be provided on the same site as
the principal building or use in accordance with the following off-street parking standards:
TABLE 4-5.1: MINIMUM PARKING REQUIREMENTS FOR USES IN THE
"CG" COMMERCIAL GENERAL ZONE
USE
MINIMUM PARKING SPACES
REQUIRED
Cultural, Institutional and Recreation
As determined by Council
Motel or Hotel
One (1) parking space for each guest room plus
parking spaces as determined by Council for
restaurant, beverage room, office, gift shop.
Religious Institutions
One (1) parking space for each fifteen (15) seats
Restaurants and Coffee Shops
One (1) parking space for each 100 sq. ft. of floor
area.
Store, retail or wholesale
One (1) parking space for each 400 sq. ft. of floor
area used for retail or wholesale purposes.
Warehouse and Storage
One (1) parking space for each three (3) employees.
23
TABLE 4-6: "O" OPEN SPACE ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(c)
Side
Yard
Rear
Yard
PERMITTED USES
Advertising Signs in excess of 50 sq. ft.
-
-
As determined by Council
Cultural Facilities including auditoriums, community
clubs, golf courses, halls, libraries, museums, theatres
and historic sites.
15,000
100
25
15
25
Emergency Services
10,000
100
25
15
25
Parks and Playgrounds
1,000
20
-
-
-
Public Parking
5,000
50
-
-
-
Public Utilities (d)
-
-
-
-
-
Recreation Facilities
15,000
100
25
15
25
CONDITIONAL USES
Public Works Buildings and Compounds
15,000
100
25
15
15
Sewage Lagoons
-
-
-
-
-
Veterinary Clinics or Animal Hospitals (f)
15,000
100
25
15
15
ACCESSORY USES, BUILDINGS AND
STRUCTURES (See PART 2, Sections 2.11 to
2.19)
(e)
5
5
The following "O" zoning requirements form part of this TABLE 4-6:
(a)
In addition to the minimum requirements of this TABLE 4-6, the following requirements shall
also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet
(b)
Where the site is not serviced by municipal piped water and sewer services, provincial
requirements for access to an adequate supply of potable water shall apply plus private on-
site sewage disposal systems utilizing septic fields shall be subject to approval under
provincial regulations and the following minimum bulk requirements shall apply:
Septic Fields
(i)
Minimum required site area -2 acres
(ii)
Minimum required site width - 200 feet
(iii)
Minimum required side yard - 10 feet, except for the street side of a corner site, in
which case the minimum required side yard shall be fifteen (15) feet, or where the
side wall contains a window with an area in excess of (20) square feet, or where the
height of the building exceeds twenty (20) feet, in which case the minimum required
side yard shall be fifteen (15) feet.
24
(c)
When located in the business area of the community, the minimum required front yard shall
be five (5) feet which may be further reduced wherever the provincial building code and local
Building By-law will allow.
(d)
Where the proposed development consists of a building or structure less than 100 square
feet in floor area, a smaller site may be approved, provided that a separation distance of
seven (7) feet is maintained from all site lines.
(e)
The minimum required front yard for accessory buildings and structures shall be the same,
as the minimum required front yard for the principal building on the same site.
(f)
Veterinary clinics or animal hospitals which include facilities for the keeping of large animals
will require approval as a conditional use as well as larger lot size and setbacks.
25
PART 5: REQUIREMENTS FOR SPECIFIC USES
Home-Based Businesses
5.1
Home-based businesses are considered as permitted uses in any zone which allows
dwellings and/or residences and they are governed by the following standards:
(a)
They shall be conducted by a person or persons residing in the dwelling;
(b)
Persons employed or otherwise engaged in the business who do not reside in the
dwelling may not exceed:
(i)
Five (5) persons in the "AG" Agricultural General Zone, and
(ii)
Two (2) persons in ALL other zones where they may be developed;
(c)
In all zones, except the "AG" Agricultural General Zone, there can be no
processing or outside storage of goods or materials, without Council approval;
(d)
Not more than 1,000 square feet of floor area of the dwelling or accessory building
may be devoted to the business;
(e)
One (1) business sign, either freestanding or affixed to the wall of a principal or
accessory building, is permitted, not exceeding an overall area of:
(i)
In the rural zones, thirty-two (32) square feet;
(ii)
In the urban zones, twelve (12) square feet in any location other than the
required front yard, and eight (8) square feet in the required front yard.
(f)
They shall not generate undue traffic or congestion, adversely affect the amenity and
convenience of the neighbourhood, or create a nuisance, and
(g)
In the urban zones, the residential character of the property shall be maintained.
Livestock Operations
5.2
Livestock operations may be allowed in the rural and agricultural areas of the Municipality
and, depending on size, site, and situation, may be considered as a permitted use or as a
conditional use under this By-law. All newly siting and/or expanding livestock operations
with 300 or more animal units (cumulative across species) in size are deemed to be a
conditional use and therefore require Council approval and are also subject to provincial a
provincial technical review report the details for which are prescribed in The Planning Act .
processing and decision-making.
26
Municipal approval of all livestock operations of 300 AU or more in size (cumulative across
species) are subject to the a provincial technical review of the proposal by the Provincial
Technical Review Committee and said report must be made available to Council a minimum
of 30 days before the required conditional use Public Hearing is held by Council. The
Planning Act further requires that no development or expansion of existing operations shall
take place until ALL approvals, permits, and licenses have been obtained for all newly siting
and/or expanding livestock operations involving 300 or more animal units (cumulative across
species). The Planning Act also requires that municipal approval shall impose NO
conditions respecting the storage, application, transport, or use of manure from a livestock
operation other than the conditions intended to reduce odours from the livestock operation
(i.e., a manure storage cover and/or a shelterbelt planted around a manure storage facility).
In addition, all livestock operations greater than 300 AU in size (cumulative across species)
and all pig operations involving 10 AU or more MUST also be in compliance with other
provincial regulations such as the Livestock Manure and Mortalities Management Regulation
as amended. Manure storage facilities and field applications are also subject to provincial
regulations including the requirement for the operator of a livestock operation involving 300
or more animal units and all pig operations with 10 or more animal units (cumulative across
species) to file an annual manure management plan with the provincial department having
jurisdiction. Manure storage facilities and large volume water supply sources require
approval under provincial regulations.
5.3
livestock operations are generally allowed in the rural and agricultural areas of the
municipality subject to all of the following:
(a)
Within areas zoned "AG" Agricultural General Zone:
(i)
all existing agricultural uses (General or Specialized) involving the keeping of
livestock, whether that be livestock on pasture or livestock operations (as
defined by this By-law), shall be allowed to continue as a permitted use at the
size and type of operation existing on-site on the date of adoption of this By-
law;
(ii)
all existing livestock operation shall be allowed to expand as a permitted use
up to 299 animal units (cumulative across species) in size and any such
expansion may be approved by the municipality through issuance of a
Development Permit and any required Building Permit;
(iii)
all newly siting or expanding livestock operations 300 animal units or
greater in size (cumulative across species)(ex. 240+ beef cows) will be
considered as a conditional use and shall be considered for approval
pursuant to requirements of The Planning Act and PART 7 of this By-law,
including the requirements for a Technical Review Committee report and a
conditional use Public Hearing;
(iv)
expansion of any livestock operation in the "AG" Zone may be limited by its
location relative to existing unrelated residences or nearby designated/zoned
areas and urban settlements in accordance with the minimum mutual
separation distances as determined by size of the livestock operation in
PART 5, Table 5-2 of this By-law.
27
(b)
Within areas zoned "AL" Agricultural Limited Zone:
(i)
all existing agricultural uses (General or Specialized), including livestock
operations as defined in PART 9 this Bylaw, shall be allowed to continue as
a permitted use at the size and type of operation existing on-site on the date
of adoption of this By-law;
(ii)
all newly siting and/or expanding livestock operations over 50 animal units
(ex. 40 beef cows) in size in the "AL" Zone will all require Council's approval
through the conditional use process pursuant to The Planning Act and
PART 7 of this By-law;
(iii)
expansion of any livestock operation in the "AL" Zone may be limited by its
location relative to existing unrelated residences and/or urban settlements
and designated/zoned areas in accordance with the minimum mutual
separation distances as determined by the size of the livestock operation in
PART 5, Table 5-2 of this By-law.
(iv)
All newly siting or expanding livestock operation 300 AU (cumulative across
species) located in the "AL" Agricultural Limited Zone shall be treated as a
conditional use and shall be subject to a Provincial Technical Review report
as provided for in the Planning Act.
(c)
The keeping of livestock in the "GD" Zone will typically not be allowed. Council
may, however, entertain proposals for the keeping of a small number of livestock in a
"GD" Zone provided that approval is granted via the conditional use process,
including a Public Hearing and a Conditional Use Order, and provided that the total
number of livestock (cumulative across species) is limited to a maximum of three (3)
animal units per acre.
(d)
For the purposes of administration and enforcement of this By-law, animal units shall
be calculated in accordance with PART 5, Table 5-1 of this By-law by multiplying
the number of animals by the number of animal units produced by one livestock.
28
TABLE 5-1: ANIMAL UNIT SUMMARY TABLE
A.U. Produced
By One
Livestock
Livestock
Producing
One A.U.
Dairy
Milking Cows, including associated livestock
2.0
0.5
Beef
Beef Cows, including associated livestock
1.25
0.8
Backgrounder
0.5
2.0
Summer pasture / replacement heifers
0.625
1.6
Feeder cattle
0.769
1.3
Hogs
Sows, farrows to finish
1.25
0.8
Sows, farrows to weanling
0.25
4.0
Sows, farrows to nursery
0.313
3.2
Weanlings
0.033
30
Growers/Finishers/Biotechs/Feeders
0.143
7.0
Boars (artificial insemination operations)
0.2
5.0
Chickens
Broilers
0.005
200
Roasters
0.01
100
Layers
0.0083
120
Pullets
0.0033
300
Broiler Breeder Pullets
0.0033
300
Broiler Breeder Hens
0.01
100
Turkeys
Broilers
0.01
100
Heavy Toms
0.02
50
Heavy Hens
0.01
100
Horses (PMU)
Mares, including associated livestock
1.333
0.75
Feedlot
1.00
1
Sheep
Ewes, including associated livestock
0.2
5
Feeder lambs
0.063
16
Goats
All
0.14
7.14
Elk
Calves
0.05
20
Cows
0.53
1.89
Bulls
0.77
1.29
Bison
Calves
0.25
4
Adults
1.00
1
Note: To calculate the number of animal units (AU) of a particular species, multiply the AU
produced by one livestock by the number of animals. For example, for 200 animal beef
cows including associated livestock equals 1.25 x 200 = 250 AUs.
29
Siting of Livestock Operations
5.4
The siting or expansion of livestock operations within the Municipality will be managed
through administrative processes involving Development Permits and Building Permits
and conditional use orders (where required) in accordance with the provisions of The
Planning Act and this By-law. The intent of the provisions set out below is to promote
compatibility between livestock operations and unrelated residential uses and designated
areas within the Municipality.
5.5
Where the size of a newly siting or expanding livestock operation is 300 animal units (AU)
or more in size (cumulative across species), it shall be deemed a conditional use and
will be subject to the requirements contained in this By-law under PART 5, Section 5.8 and
Section 5.9, the requirements of the "AG" Zone, and approval under The Planning Act
which includes a requirement for a provincial technical review for all newly siting and/or
expanding livestock operation 300 or more animal units in size (cumulative across
species) to obtain all municipal and provincial permits approvals and licenses before the
commencement of construction of the proposed development or expansion takes place.
5.6
The minimum mutual siting standards under Table 5-2 of this PART (below) will help to
direct the location of new livestock operations relative to existing development, particularly
unrelated residences and designated areas and urban settlements. The minimum mutual
separation distances in Table 5-2 of this PART increase with the size of the livestock
operation and are based on but greater than minimum provincial mutual separation distance
requirements. Proposals to expand existing livestock operations will be guided by these
separation distance requirements. Council may consider an application to vary these
requirements on a case by-case basis should the circumstances surrounding a proposal for
a new or expanding livestock operation warrant such an approval which would be subject to
the process (i.e. public hearing) and other requirements of The Planning Act.
TABLE 5-2: MINIMUM SEPARATION DISTANCES FOR SITING LIVESTOCK
OPERATIONS
Size of Livestock
Operation in Animal
Units
Separation Distance in Feet From Single
Residence
Separation Distance in Feet from
Designated Areas
To Earthen Manure
Storage Facility
To Animal Housing
Facility and Non-
earthen Manure
Storage Facility
To Earthen Manure
Storage Facility
To Animal Housing
Facility and Non-
earthen Manure
Storage Facility
10 - 100
1200
600
3200
2100
101 - 200
1800
900
4800
3200
201 - 300
2600
1300
6600
4300
301 - 400
2800
1400
7400
4900
401 - 800
3200
1600
8200
5400
801 - 1600
3800
1900
9800
6500
1,601 - 3,200
4600
2300
11400
7600
3,201 - 6,400
5200
2800
13000
8700
6,401 - 12,800
6000
3000
14600
9800
> 12,800
6600
3300
16400
10900
30
5.7
To help protect riparian area health and water quality, no livestock confinement structure,
including building, seasonal shelter or fenced enclosure (excluding an open pasture) shall be
constructed or located within 330 feet of a surface watercourse (which flows either
perennially or intermittently beyond the site of the facility), water wells, or other drinking
water sources (ex. source water protection areas) as set out in provincial regulations (i.e.
Livestock Manure and Mortalities Management Regulation 42/98, as amended under The
Environment Act) which include minimum setback requirements from property lines and
water features.
5.8
An application for a development permit or a conditional use approval of a newly siting or
expanding livestock operation shall be made on forms prescribed by Council and in addition
to the information required by PART 7, Section 7.7 of this By-law, accompanied by the
following:
(a)
Site plan showing location of all lands forming part of the proposed operation and a
description of the type of operation;
(b)
Plans, specifications and descriptions, for
(i)
The animal housing facilities,
(ii)
The manure handling system (including manure storage and odour reduction
plans), and
(iii)
Location of land proposed for manure application;
(c)
A site plan showing the location of housing, storage and other facilities and their
distances from property boundaries as well as the distance from water wells and
surface water bodies.
(d)
Number and type of livestock plus maximum capacity (in animal units); and
(e)
Documentation confirming total lands owned and/or under lease, which are to be
used as part of the proposed livestock operation.
5.9
Council may approve a livestock operation subject to conditions in accordance with The
Planning Act and, for livestock operations involving 300 or more animal units (cumulative
across species), that Act prohibits Council from imposing any conditions of approval
regarding the storage, application, transport, or use of manure from a livestock operation.
Conditions of approval (which must be both relevant and reasonable) are limited by the Act
to the following:
(a)
Measures to ensure conformity with the applicable provisions of the development
plan by-law, the zoning by-law and any secondary plan by-law in effect;
(b)
Measures to implement recommendations made by the Provincial Technical Review
Committee;
(c)
One or both of the following measures intended to reduce odours from the livestock
operation:
31
(i)
Requiring covers on manure storage facilities,
(ii)
Requiring shelter belts to be established;
(d)
Requiring the owner of the affected property to enter into a development agreement
with the Municipality.
Special Limitations Governing Development of Rural Buildings and Structures,
including Farm Dwellings and Farm Buildings
5.10
No dwelling or mobile home or other habitable building shall be constructed or located within
1,500 feet of the site of any municipal sewage lagoon or solid waste disposal site.
5.11
No dwelling or mobile home or other habitable building shall be constructed or located within
2,640 feet of the site of an anhydrous ammonia storage tank or a bulk chemical storage
facility.
5.12
No building, dwelling, mobile home or farm building or structure shall be located within 1800
feet of the edge of the right of way of any pipeline regulated by a federal or provincial
agency, unless specific approval has been granted by the authority having jurisdiction.
5.13
No building, dwelling, mobile home or farm building or structure shall be located within 100
feet of the edge of the right-of-way of any railway, unless the structure is required for railway
operations, or requires railway service.
5.14
No building, dwelling, mobile home or farm building or structure shall be constructed or
located within an area which has been designated as a high or medium quality aggregate
area by the Province of Manitoba, unless the site has been further reviewed by the Mines
Branch and a recommendation provided which would allow development to proceed. Where
the proposed building is a dwelling or mobile home, a separation distance of 500 feet shall
be provided between the building location and the edge of the deposit.
5.15
Any proposal to establish any building, structure, mobile home or farm building or structure
which exceeds a building height of ten (10) feet, or to establish a shelterbelt or similar
obstruction within the flight approaches of any aircraft landing area for a distance of one (1)
mile, shall be deemed to be a conditional use, and shall be subject to the approval of
Council.
Hazardous Materials Storage
5.16
Unless the listed distances are varied by Council, no bulk farm chemical supply warehouse,
inland grain terminal, bulk fuel or fertilizer storage, or anhydrous ammonia storage facility
shall be located within:
(a)
2,640 feet of a building used for human habitation;
(b)
2,640 feet of a "GD" General Development Zone and/or designated area;
32
(c)
330 feet of a municipal road or provincial highway, water wells, surface water bodies
and source water protected areas.
(d)
Or on sites which are subject to flooding (see Part 6 of this By-law).
Oil Batteries
5.17
A new oil battery is subject to good neighbour siting standards and may be approved as a
permitted use in accordance with the Southwest Planning District Development Plan's
Mineral Resources Policy - PART 2, Policy 2.3.8 , where a new oil battery development is
proposed to be located in areas zoned "AG" Agricultural General Zone or "AL"
Agricultural Limited Zone by this By-law when:
(a)
The proposed location of a new oil battery exceeds 1.5 km (0.93 mile) separation
distance from all existing residences;
(b)
The proposed location of the new oil battery is within 1.5 km (or 0.93 of a mile)
separation distance from an existing residence and has received the unanimous
consent from the registered owners of all residences within 1.5 km (or 0.93 of a
mile) separation distance and the proposal has technical approval from the
Petroleum Branch under the Oil and Gas Act.
5.18
An application for a new oil battery Development Permit that satisfies Section 5.17 (b) of
this PART (above) shall be treated as a Permitted Use but must be accompanied by a
report from the oil battery proponent confirming consent has been received from ALL
adjoining residents within the good neighbour separation distance as applicable; and
certification from the Petroleum Branch confirming the proposed oil battery complies with the
design and construction standards set by the Province.
5.19
A new oil battery may be approved as a conditional use in accordance with the Southwest
Planning District Development Plan Mineral Resources Policy - PART 2, Policy 2.3.8
where a new oil battery development is proposed to be located in areas zoned "AG"
Agriculture General Zone or "AL" Agricultural Limited Zone by this By-law when:
(a)
The proposed location of the new oil battery is within 1.5 km (or 0.93 of a mile)
separation distance from an existing residence and has NOT received unanimous
consent from the registered owners of all residences within 1.5 km (or 0.93 of a
mile) separation distance of the proposed oil battery, but the proposal has technical
approval from the Petroleum Branch under the Oil and Gas Act.
5.21
Council will hold a Public Hearing for the conditional use application and thereafter make a
decision (to approve; or approve with conditions; or reject the application) in accordance with
the provisions of The Planning Act, and issue a Conditional Use Order as necessary.
5.22
An application for conditional use approval of a new oil battery shall be accompanied by a
copy of a report from the oil battery proponent indicating the results of the consultations
completed with adjoining residents and a report from the Petroleum Branch providing an
analysis of the new oil battery proposal and any recommendations or conditions respecting
the location of the new oil battery. The comments received by the Petroleum Branch from
33
it's Technical Advisory Committee, comprised of a number of government departments,
would be a welcomed addition to the Council table for consideration of a new oil battery.
The Council may at its discretion request a review and recommendations from Manitoba
Sustainable Development (or such other agencies or experts as Council shall determine) to
assess and provide recommendations or conditions respecting the location of the new oil
battery.
5.23
While Council may set a fee for processing an application for municipal approval of new oil
batteries, the costs of the Public Hearing process and related reports providing additional
assessment and recommendations regarding oil battery siting under the good neighbour
siting standards shall be the responsibility of the municipality.
5.24
Oil battery good neighbour siting standards are mutually applicable to new residences in
accordance with the Southwest Planning District Development Plan's Mineral
Resources Policy - PART 2, Policy 2.3.8. When an application is received to establish a
new residence within 1.5 km (or 0.93 of a mile) of an existing oil battery and the consent of
the oil battery operator is NOT obtained in writing and provided to the Municipality, the
proposed residence shall become a conditional use and the procedures for the processing
a conditional use application shall apply as set out in this by-law and The Planning Act.
5.25
Council may request a report from Manitoba Sustainable Development (or such other
provincial departments or agencies that Council shall determine) to assist Council,
neighbours, and/or impacted stakeholders in their review of a development proposal and the
setting of any conditions of approval intended to ensure the compatible locations of oil
batteries and residences within the Municipality of Deloraine-Winchester.
5.26
The location and/or siting of any proposed oil battery shall be respectful of any area which
has been identified by the Province as being "sensitive wildlife habitat" and/or "sensitive
ecological area" and which may be subject to provincial policy and regulation. Information
regarding the location of provincially identified sensitive areas will be provided to the
proponent by the provincial authorities having jurisdiction.
Wind Energy Generating Operations (WEGO)
5.26
Wind Energy Generating Operations (WEGO) may be allowed as a conditionally approved
use in the rural and agricultural areas of the municipality in areas zoned "AG" by this By-
law.
5.27
WEGO developments shall be located a minimum of one-half mile (2640 feet) from all urban
settlements and designated areas within the municipality including areas zoned "GD".
5.28
New residences to be sited in the vicinity of a WEGO, other than the residence of the owner
of the lands upon which a WEGO is located, shall be separated a minimum distance of 1640
feet from the nearest adjacent wind turbine tower constructed as part of WEGO.
5.29
WEGO will typically require approvals of its various components from governmental
agencies as required by local, provincial and federal laws.
34
5.30
For municipal approvals, proponents of any WEGO shall submit a detailed site plan showing
the location of any wind energy generation devices (ex. wind turbines) associated buildings
and structures, electrical lines (above ground or buried) private on-site roads, and driveways
for access to the public road system.
5.31
Buildings and accessory structures forming part of any WEGO shall comply with the
common front yard setback of 125 feet which applies to most land uses in the "AG" Zone
adjacent to a public road in the municipality; setbacks for turbines are listed below.
5.32
While Wind Energy Generation Operations (WEGO) intended for commercial production
shall be approved as conditional uses under this By-law, WEGO intended to serve only a
single use for their own sole use will be considered as an accessory use to any permitted or
conditional use and shall require a Development Permit. The conditional use approval
process requires that Council hold a Public Hearing to deal with any municipal issues related
to the proposed development (ex. development agreements for the use, maintenance, and
rebuilding of roads damaged by construction activities) whereas the public participation
process required under the Environmental Act is intended to deal with environmental
aspects of the proposed development.
5.33
An instrument tower (use for wind and/or meteorological research) may be allowed on
selected sites, subject to approval by Development Permit, for a term set out in the
Development Permit. The site for any such tower may be under lease or other legal
instrument signed by the registered land owner or owned by the proponent.
5.34
For the purposes of this By-law, an application for a WEGO development involving more
than one parcel of land with separate title(s) may be processed at one time through the use
of a consolidated conditional use hearing, but individual parcel specific conditional use
orders shall be issued to the each land owner who has owns land forming part of and
having WEGO's on their respective land holdings.
5.35
WEGO development located adjacent to petroleum wells, wetlands or water courses, and
provincial roads or highways will be subject to setback requirements set by the Province and
approvals from the authorities having jurisdiction.
5.36
Proponents of a WEGO are responsible for obtaining any required Federal and/or Provincial
permits or approvals from agencies such as, but not limited to Transport Canada, NAV
Canada, Manitoba Hydro, Manitoba Infrastructure, and Manitoba sustainable development,
prior to the issuance of a Conditional Use order and any required Development Permit
and Building Permits (if required).
5.37
When locating a proposed wind turbine in the vicinity of an airport all Transport Canada
regulations regarding height and location of buildings and structures shall be satisfied.
5.38
All signage affixed to a commercial WEGO shall be subject to the approval of Council.
5.39
Following approval of any conditional use order for a WEGO, any Development Permit
required under this By-law and any Building Permit (if required) shall be obtained prior to
the commencement of construction of a WEGO.
35
5.40
For purposes of administration and enforcement of this By-law, the total height of a wind
turbine shall be the distance measured from the ground to the uppermost point of the
extension of any rotor blade.
5.41
Wind turbines as part of a WEGO development shall adhere to the following setbacks:
(a)
a minimum distance equal to the total height of the wind turbine from any property
boundary, including the boundary of a public road or other right-of-way. Exception to
this minimum setback distance with respect to property lines may be allowed where
the property line nearest to any given wind turbine represents a quarter line within a
section of land. In such instances, the minimum setback from the property line to the
base of the wind turbine maybe reduced to 25 feet provided that the adjoining land
owner has given written consent including a lease or similar legal agreement.
(b)
a minimum distance of 1640 feet from any existing residence in the "AG" Zone with
the exception of a residence on lands owned or leased as part of a WEGO.
(c)
a minimum distance equal to the total height of the wind turbine from a land owners
dwelling(s) located on the same parcel as the WEGO.
(d)
a minimum distance equal to its total height where a wind turbine located on the
same site and in direct support of either a permitted or conditionally approved
agricultural use or residence (farm dwelling).
(e)
a minimum distance of 1640 feet from all dwellings or other habitable buildings (eg.
bed & breakfast or motel) on land not associated with the WEGO.
(f)
a minimum distance of 1320 feet from non-dwelling principal structures (ex. hog
barn) on the same or adjacent properties.
5.42
The municipal setback requirements for wind turbines may be varied by Council on a case
by case basis where circumstances are acceptable to Council as well as to local residents
and land owners.
5.43
Sites for wind turbines may be located on lands owned by the proponent or on lands leased
or secured by legal instrument from the registered landowner(s) provided that those sites
have frontage on a public road, or have access to a public road secured by a right-of-way
agreement for access which could be registered as a caveat against the affected titles where
appropriate. Council may require such an access agreement as a condition of their approval
for any WEGO.
5.44
Agricultural land uses approved as permitted uses or conditional uses may, subject to
satisfying all other provisions of this By-law, co-exist on the same parcels or sites with any
WEGO.
5.45
The location of any proposed WEGO shall be respectful of any area which has been
identified by the Province as a "sensitive wildlife habitat" or "sensitive ecological area" and
which may be subject to Provincial policies and regulations. Information about the location
of provincially identified sensitive areas will be provided to the proponent by provincial
authorities having jurisdiction.
36
PART 6: MISCELLANEOUS REQUIREMENTS
Land Subject to Flooding
6.1
No habitable buildings or structures shall be built in areas in the vicinity of creeks or streams
which, in the opinion of Council, are subject to flooding by a one in a hundred year flood
event, unless the owner provides sufficient information prepared by a qualified consultant to
demonstrate compliance with the policies of the Southwest Planning District
Development Plan.
6.2
Where development is proposed in an area which, in the opinion of Council, may be subject
to ponding due to snowmelt or heavy rainfall events, the owner may be required to provide
additional measures, including the provision of sufficient fill around the building, to provide an
additional measure of protection from flood damage.
6.3
No permanent building shall be constructed or placed on land, which is subject to
subsidence or erosion by water or is marshy or unstable, or is otherwise unsuitable or
hazardous by virtue of its soil or topography, unless it is demonstrated to the satisfaction of
Council that proper measures will be taken to deal with the unsuitability or hazard.
High Water Table Areas
6.4
Groundwater conditions are highly variable throughout the municipality, and in some areas
the groundwater table may be very close to the surface. It is the owner's responsibility to
provide sufficient measures in the design of the building to adequately protect basements
from groundwater infiltration.
Site Reduced by Road Widening
6.5
Where the site area or site width of a parcel of land has been reduced as a result of land
acquired for the establishment or widening of a public road or drain, or for any other public
work, the land which has been acquired shall be deemed to be part of the site for purposes
of determining compliance with the minimum site area and site width requirements and
required yards for existing buildings as specified by this By-law. However, where new
buildings or structures are proposed, the required yards shall be determined by the location
of actual site boundaries.
Building Removal
6.6
Upon completion of the removal or demolition of a building from a site, the old foundation
shall be removed, any excavation shall be filled, the ground shall be levelled and the site
shall be put in a safe condition to the satisfaction of the local Building
Inspector/Development Officer who the Council shall rely on for advice that the site owner
has undertaken appropriate action to ensure public safety on the affected site.
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Road Access
6.7
No permanent building may be constructed or placed on a site which does not have frontage
on a public street or legal access to the public road system.
Public Monuments and Cairns
6.8
Nothing in this By-law shall be so interpreted as to interfere with the establishment of public
monuments and cairns.
Signs
6.9
Most, but not all, signs are allowed to be located in the rural and agricultural areas of the
municipality without a requirement for a development permit, but the following requirements
apply:
(a)
Identification and advertising signs are allowed as accessory structures in all zones,
but advertising signs in excess of fifty (50) square feet in area require Council
approval.
(b)
Home-based business signs shall be limited in size depending on their location in
urban or rural zones (see Section 5.1 of this By-law).
(c)
No sign or sign structure shall be erected at any location where it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign, obstruct the view
of any highway or street intersection or railroad crossing or be deemed to be a
potentially dangerous distraction to the motoring public.
(d)
The placing of a sign structure within the control lines and circles of a Provincial
Road or Provincial Trunk Highway shall require a permit from the provincial authority
having jurisdiction.
6.10
All signs and their support structures shall be kept in good repair. Signs, which have
become obsolete because of the discontinuance of the business service and have not been
removed or relocated with thirty (30) days following such condition, maybe removed by the
Municipality at the owner's expense.
Temporary Buildings, Structures & Uses
6.11
Temporary buildings, structures and uses of land (including portable buildings) are permitted
on a site in connection with construction and development on that or a nearby site, subject to
the issuance of a Development Permit and Building Permit (if required) and only for the
following purposes:
(a)
Offices for the contractor or developer or project supervisor;
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(b)
Accommodation for a caretaker;
(c)
Storage of materials and equipment;
(d)
Temporary placement of concrete batch and asphalt plants incidental to and
necessary for highway construction and maintenance.
6.12
A Development Permit for a temporary building or structure or use shall be valid for one (1)
year and may not be renewed for more than two (2) successive years.
6.13
Notwithstanding PART 3, Section 3.4 of this By-law (Projections into Yards), a wheelchair
ramp may extend into the required yard of a residence for as long as is required by an
occupant of the residence, subject to the issuance of a Development Permit and Building
Permit (if required).
Development Near Waste Disposal Sites
6.14
No habitable building, commercial building or mobile home shall be constructed or located
within 1500 feet of any active or abandoned waste disposal site, unless, in the case of an
abandoned waste disposal site, it can be demonstrated by a geotechnical specialist that
there will be no unacceptable risks presented by the migration of dangerous gases or other
unfavourable subsoil condition.
Development Near Sewage Lagoons
6.15
No habitable building or mobile home shall be constructed or located within one thousand
five hundred (1,500) feet of any sewage lagoon.
Railways
6.16
Nothing in this By-law shall be interpreted so as to interfere with the normal railway
operations and maintenance of railway trackage.
6.17
All railway office buildings, warehouse facilities, maintenance buildings, and storage areas
shall be subject to the requirements of this By-law.
Development Near Provincial Highway System
6.18
For any structure or construction proposed for any location near or adjacent to provincial
highways or within the control areas established by the Province adjacent to the provincial
highway system, Provincial Permits are required from the Highway Traffic Board or the
provincial department having jurisdiction. Permits from this Department and/or Board
39
are also required for any new, modified, or relocated driveway providing access to a
provincial road or provincial trunk highway.
Development Near Watercourses
6.19
To assist with the goal of retaining riparian areas, any permanent development within the
rural and agricultural areas of the Municipality proposed to be situated near watercourses will
be encouraged to maintain a general setback of 50 feet on either side of the watercourse
and that setback will increase to 100 feet in situations where the Province has identified
indications of fish species (ex. walleye, northern pike, etc.) and communicated this
information in writing to the Municipality.
Private Water Supply and Sewage Disposal Systems
6.20
In situations where municipal water supply and/or sewage collection and disposal services
are not available, land owners may choose to construct private water supply and sewage
disposal systems on their development site. Provincial regulations allow for a variety of on-
site wastewater management systems which must be registered with Manitoba Sustainable
Development prior to their installation. It is the responsibility of the land owner to apply for
provincial permits and/or approvals for any private water supply and sewage disposal
system. Similarly, Manitoba Sustainable development requires certain types of development
serving the Public to utilize water supplies approved by the Department.
Subdivision of Land
6.21
The subdivision process enabled by The Planning Act normally results in the creation of a
new Certificate of Title which is guaranteed by the Province of Manitoba after that title is
registered Manitoba Land Titles.
An application for subdivision requires the approval of Council as part of the legislated
approval process and Council may grant its approval only when that application generally
conforms to the Southwest Planning District Development Plan By-law and the parcel
meets the requirements established by Council in this Zoning By-law.
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PART 7: ADMINISTRATION
Administration and Enforcement
7.1
Council for the Municipality of Brenda-Waskada shall be responsible for the administration
and enforcement of this By-law and one or both may direct the Development
Officer/Building Inspector and municipal solicitor to proceed with enforcement under
PART 8 of this By-law. Council may also consider arrangements with other municipal
councils (such as the participating members of the Southwest Planning District) to share the
costs of administration and enforcement of this By-law subject to the signing of an
agreement specifying the services to be shared and the cost sharing formula for each or all
services. The Southwest Planning District Board could be asked to sign such an
agreement and perform the specified services on behalf of member municipal councils.
Development Permits
7.2
A Development Permit is required for any of the following:
(a)
Subject to Section(s) 7.3 and 7.4 of this PART, the erection, construction,
enlargement, structural alteration or placing of a building or structure;
(b)
The establishment of a use of land or a building or structure;
(c)
The change of a use of land or a building or structure from the existing use to a
permitted or conditional use;
(d)
The alteration or enlargement of an approved permitted or conditional use.
7.3
Every owner shall be required to obtain a Development Permit prior to the commencement
of development, including the commencement of construction or relocation of any building or
structure, except as provided in Section 7.4 following. 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 municipal building by-law for such
a building or structure, nor does it relieve the owner from the responsibility of obtaining any
other local, provincial or federal permit or approval that may be required by any other
administrative body, including business licences, environmental licenses, highway access
and structures approvals, and similar approvals.
7.4
A Development Permit is not required for the following:
(a)
The maintenance, replacement or restoration of building components and finishes,
provided that the size of the building or structure is not materially increased, or the
structural load carrying capacity of any component is not reduced.
(b)
The erection, construction, enlargement, structural alteration or placing of the
following as accessory structures:
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(i)
Fences;
(ii)
Signs (not including advertising signs in excess of 50 sq. ft. in area);
(iii)
Lighting;
(iv)
Flagpoles;
(v)
Sheds and buildings for the storage of domestic equipment and supplies, (ex.
farm buildings including granaries and machine sheds) as long as the
proposed location is more than 125 feet from a property line adjacent to a
public road allowance in the rural areas.
(vi)
Aerials, antennas, dishes, towers, or lines for television, radio, satellite, or
communication services;
(vii)
Garden houses or children's playhouses;
(viii)
Water supply wells and onsite wastewater management systems which are
subject to provincial approval;
(ix)
Unenclosed patios; and
(x)
Temporary signs and notices, including real estate signs.
7.5
Despite not requiring a Development Permit, all things listed in preceding PART 7, Section
7.4 (above) shall be subject to satisfying all of the requirements of this By-law.
7.6
An application for a Development Permit shall be made by the owner or owners of the site
in question, or by a person authorized in writing by them.
7.7
An application for a Development Permit shall be accompanied by plans drawn to scale
showing the following:
(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 the proposed building, structure, enlargement or
alteration, 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 vehicular access and utility connections; and
(f)
The location of any proposed water wells or on-site sewage disposal systems.
and shall include any other information required by the Development Officer to determine
compliance with this By-law.
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7.8
An application for a Development Permit shall be accompanied by the fee prescribed by
Council or the Board.
7.9
Despite apparent compliance with this By-law, the Development Officer may refuse to
issue a Development Permit where the proposed building, structure or use does not, to the
Development Officer's knowledge, comply with the municipal building by-law or with any
other law. Any such refusal may be subject to a review as provided under PART 8,
Sections 8.6 and 8.7 of this By-law.
7.10
No person shall use or occupy any land, building or structure, or erect, construct, enlarge,
alter or place any building or structure, except in accordance with an approved
Development Permit (where required), and with the requirements of this By-law.
7.11
All proposed development shall be in accordance with the application and drawings
submitted to and approved by the Development Officer. No work shall vary from the
approved application and drawings without the prior written authorization of the
Development Officer, and the owner shall ensure that all development is completed in
accordance with the approved Development Permit.
7.12
The Development Officer may revoke a development permit:
(a)
Where any information accompanying the development application is incorrect or
incomplete and an existing or proposed building, structure or use is thereafter found
to be in contravention of this By-law, the building by-law, or any other law; or
(b)
Where the Development Permit was issued in error.
Development Officer
7.13
The Development Officer shall be the person appointed by Council; or by the Board of
the Southwest Planning District under any agreement signed by Council and other
municipalities for joint services.
7.14
The Development Officer, on behalf of the municipality, shall issue development permits
and otherwise administer the provisions of this By-law and The Planning Act, where
applicable.
7.15
The Development Officer shall, as directed by Council, exercise the powers of remedy and
enforcement set out in PART 8 of this By-law.
7.16
The Development Officer is authorized to grant or refuse, in his or her discretion, a minor
variation not to exceed ten (10) percent of the requirements of this By-law in accordance
with the provisions of the Planning Act regarding variances.
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Zoning By-law Amendments
7.17
An application for a zoning amendment to this By-law, including a change to the text or
maps, shall be made to the Development Officer by the owner or owners of the land in
question, or by a person authorized in writing by them.
7.18
An application for a map amendment (i.e. rezoning) shall be accompanied by plans drawn to
scale showing the following:
(a)
The shape and dimensions of the land affected;
(b)
The location and dimensions of existing buildings and structures;
(c)
The location and dimensions of any proposed building, structure, enlargement or
alteration;
(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;
and shall include any other information required by the Development Officer to determine
compliance with this By-law.
7.19
An application for a zoning amendment shall be accompanied by the fee prescribed by
Council or the Board.
7.20
Upon receipt of a completed application, Council will consider the application for either a text
or map amendment and may consult with a land-use planner or branches of the provincial
government which can supply advice about the proposed changes to this Zoning By-law.
7.21
Following such consultation, review and report (if any) as the Council deems necessary, the
application shall be considered by Council, which shall decide whether or not to start the
procedures for enactment of an amendment and, as provided in The Planning Act, may do
so only if the proposed amendment can be considered to be generally consistent with the
intent and policies of the Southwest Planning District Development Plan.
Variances & Conditional Uses
7.22
An application for a variance and/or approval of a conditional use shall be made to the
Development Officer by the owner or owners of the site, or by a person authorized in
writing by them.
7.23
An application for a variance or approval of a conditional use shall be accompanied by the
plans and information described in PART 7, Section 7.7, of this By-law and in the case of a
livestock operation, by the information described in PART 5 of this By-law.
7.24
An application for a variance and/or a conditional use shall be accompanied by the fee
prescribed by Council.
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7.25
Where an application for a variance and/or conditional use has been submitted, a public
hearing shall be held by the Council, to receive representations from any person with respect
to the proposal, and notice of the public hearing shall be given as required by The Planning
Act.
7.26
On receipt of an application for a variance and/or approval of a conditional use in proper
form, Council may, prior to the required hearing date prescribed under The Planning Act,
refer the application to Manitoba Indigenous and Municipal Relations or any other
department or authority Council deems appropriate for their review and comment. For
example, notice of any development, proposed to be located adjacent to or near the
provincial highway system, should be given to the department having jurisdiction for review
and comment (see PART 6, Section 6.18).
7.27
In accordance with provisions of The Planning Act, Council shall either approve or deny the
variance and/or conditional use, and may establish conditions of approval appropriate to
the circumstances, and issue a Variance Order and/or Conditional Use Order as may be
required.
7.28
Council may subsequently revoke any variance order and/or conditional use order as a
consequence of any violation of conditions specified at the time of approval.
7.29
In spite of receiving approval from Council for a Variance Order and/or Conditional Use
Order, proponents of any development will also require municipal approval via a
Development Permit as set down in Sections 7.2 through 7.12 of this PART and a
Building Permit (if required).
Fee Schedule
7.30
Council or the Board shall establish a fee schedule for Development Permits, zoning
amendments, variance orders, conditional use orders non-conforming use
certificates and zoning memoranda.
7.31
All fees in connection with the administration and enforcement of this By-law shall be
payable to the Municipality or if an agreement is in place, the Southwest Planning District
Board and shall be collected by the Development Officer at the time an application is made
for a Development Permit, zoning amendment, conditional use order, variance order, non-
conforming use certificate or zoning memorandum, as the case may be.
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PART 8: ENFORCEMENT
Inspections
8.1
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.
8.2
The Development Officer may display or produce on request identification showing his or
her official capacity.
8.3
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
8.1 (a) and (c) above without the consent of the owner or occupant.
Contravention Order
8.4
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.
8.5
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 part of one) that has been
constructed, erected or placed in contravention and, if necessary to prevent a
reoccurrence of the contravention;
(c)
State a time period 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 period
stated, Council will take the action or measures at the expense of the person directed
or registered owner.
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Review by the Board
8.6
A person who receives an order under Section 8.4 of this PART, or who is refused a permit
under PART 7, Section 7.9 of this By-law, may request the Board of the Southwest
Planning District to review the matter, by giving written notice within fourteen (14) days
after the date on the Order issued under PART 8, Section 8.4 herein or decision issued
under PART 7, Section 7.9 of this By-law.
8.7
After giving the person a reasonable opportunity to be heard, the Southwest Planning
District Board may confirm, vary, substitute or cancel the Order or decision as determined
by the Board in accordance with the policies and intent of the Southwest Planning District
Development Plan By-law.
Remedying Contravention
8.8
If a person does not comply with an Order to remedy a contravention, Council and-or the
Board may take any action or measure that is reasonable to remedy the contravention.
Council will seek advice from their municipal solicitor about such actions under The Planning
Act.
8.9
Council or the Board may apply to the Court of Queen's Bench for an injunction or other
Order to enforce this Zoning By-law or to restrain a contravention of this By-law or Building
by-law of the Municipality.
8.10
The Planning Act also defines offences and provides for penalties which can be invoked by
the Court, including fines, imprisonment, or both.
8.11
A prosecution under The Planning Act must be commenced no later than two years after the
day the alleged offence was committed.
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PART 9: INTERPRETATION
Permitted Uses
9.1
Where a use appears in the Use and Bulk Tables of this By-law as a permitted use, it shall
not be construed to include any use, which appears as a conditional use for the same zoning
district. Upon review of a request from the Development Officer for a determination on a
use not listed in the bulk table of the applicable zone, Council or the Board may, in
accordance with The Planning Act, approve by variance order a use which is considered by
Council to be readily identifiable as being similar in its impact on neighbouring development
as uses listed as a permitted uses or conditional uses in that zone. While a newly
proposed or expanding conditional use requires Council approval including a Public
Hearing and issuance of a conditional use order, a permitted use may by contrast be
approved by an administrative process including the issuance of a Development permit
and a Building Permit (if required).
Definitions
9.2
Terms not defined in this By-law which are defined in The Planning Act, have the meaning
provided in that Act, or otherwise, as defined in a standard dictionary.
9.3
Where the following terms appear in this By-law, they have the meaning provided as follows:
Accessory - where used to describe a use, building or structure, means that the use,
building or structure is naturally and normally incidental, subordinate in purpose or area, or
both, and exclusively devoted to the principal use, building or structure to which it is
accessory.
Advertising Sign - means a sign directing attention to a business, commodity, service,
entertainment or other matter, not conducted, sold, offered or carried out on the same site
(or on an adjacent site under the same ownership) where the sign is maintained (includes a
billboard and similar signs).
Agricultural Uses:
(a)
General Agriculture - means a use of larger tracts of land for agricultural purposes,
(including cropping, dairying, ranching and the keeping of animals) and the
necessary accessory uses for packing, storing or treating animal products, but does
not include the following:
(i)
Specialized agriculture or livestock operations as defined below,
(ii)
Storage, handling or processing of agricultural products on a large-scale
commercial basis, or
(iii)
Sales or servicing of agricultural equipment or agricultural buildings.
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(b)
Specialized Agriculture - means agricultural activities such as market gardening,
apiculture, floriculture, horticulture and activities of a like nature which do not require
the use of large parcels of land to be sustainable.
(c)
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, an agricultural fair, or a livestock sales yard where
livestock are kept on a short-term basis.
Aircraft Landing Area - includes all runways, open spaces, buildings and structures used
in connection with the landing or take-off of aircraft.
Building - means the results of construction activities including:
(a)
A building or structure used or to be used for residential, commercial, industrial or
agricultural purposes, or a combination of all or any of those purposes, or
(b)
A prefabricated building or structure of the kind described in clause (a), or
(c)
A mobile home.
Building, Height of - means the vertical distance measured from grade to the highest point
of the roof surface of a flat roof, to the deck of a mansard roof, and to the average height
level between eaves and ridge for a gable, hip or gambrel roof.
Bulk - means the size of buildings or structures (based on floor area and height), the site
area and site width upon which a use, building or structure is located, the location of exterior
walls of a building in relation to site lines, and all open spaces required along site lines.
Club - refers to a building owned or leased by a non-profit corporation or association, the
use of which is restricted to members and their guests.
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Drive-through Facility - means a facility designed to provide goods or services to the
persons in standing (as opposed to parked) motor vehicles, including, but not limited to a
drive-through restaurant or bank.
Dwelling Unit - means one or more rooms used or intended to be used for residential
purposes as a single housekeeping unit with cooking, sleeping and sanitary facilities.
Dwelling, Single-unit - means a detached building containing one dwelling unit used for
residential purposes.
Dwelling, Two-unit - means a detached or semi-detached building containing two dwelling
units where residents have exclusive occupancy of a dwelling unit.
Dwelling, Multiple-unit - means a building containing three (3) or more dwelling units, with
each unit designed for and used by residents having exclusive occupancy of a dwelling unit.
Farm Building - means any building or structure used primarily for agricultural activities, but
does not include a farm dwelling.
Farm Dwelling - means a dwelling unit associated with an agricultural operation which is
the principal land use; this dwelling is typically located in a farmyard with other farm
buildings.
Farmstead - means the buildings and adjacent service areas of a farm; this space generally
includes the farmyard which contains the farm dwelling and farm buildings which are usually
surrounded by a shelterbelt.
Hundred-year Flood - means a flood event that can be expected to occur, on average,
once in 100 years, or specifically a flood that has a one (1) percent chance of being equalled
or exceeding in any year.
Kennel - means premises where pets (including more than five (5) dogs or ten (10) cats, but
not including animals less than four (4) months of age) are boarded, bred, trained, cared for,
or are kept for the purpose of sale.
Livestock - means animals not kept exclusively for pets including cattle, swine, horses,
poultry, sheep, rabbits, and more exotic species (ex. emu, elk, bison, etc.)
Mobile Home - means a portable dwelling unit which is designed or used for residential
occupancy, built upon or having a frame or chassis to which wheels may be attached by
which it may be transported, which can be located on a prepared pad and may be jacked up
or skirted, and which conforms to The Buildings and Mobile Homes Act and provincial
construction standards. Mobile home includes modular homes and similar units.
Oil Battery - means a development defined as a "battery" in the Manitoba Oil and Gas Act
and generally refers to an on-site system of tanks or other surface equipment that receives
fluid from, or delivers fluid to, one or more wells, and includes an injection plant, a pump
station and equipment or a device designed to separate the fluid into oil, gas and water.
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Parcel of Land - means a parcel as defined in The Planning Act.
Parking Area - means an open area of land other than a street or lane, or an area within a
structure, used for the parking of vehicles.
Parking Area, Public - means an off-street parking area used for the temporary parking of
vehicles and is available for public use whether free, for compensation or as an
accommodation for clients, customers, employees or visitors.
Parking Space - means a space on a parking area, public parking area or zoning site for
the temporary parking or storage of a motor vehicle.
Party Wall - means a wall forming part of a building and used for separation of adjoining
buildings occupied, constructed or adapted to be occupied by different owners, persons or
businesses.
Pole Type Structure / Building - means a building or structure typically constructed with its
main frame and foundation consisting of laminated, sawn or natural (round) wood poles.
Public Utility - means an organization incorporated to provide services to the public
including water supply, sewage collection, electricity, telecommunication, gas or similar
services to properties by means of pipes, lines and other equipment located on or under
public roads and other rights-of-way.
Residential Care Facility - means a building in which residential accommodation, plus
supervision, care or treatment, is provided by a person or persons employed for that
purpose.
Secondary Suite - means a self-contained accessory dwelling unit located within, forming
part of or accessory to a permanent single-unit dwelling, farm dwelling or non-farm dwelling
on a single zoning site. A secondary suite contains a single housekeeping unit and has its
own separate access, cooking, sleeping and sanitary facilities which are separate from and
not shared with those of the principal dwelling. This accessory use does not include duplex
housing, semi-detached housing, multiple-unit housing or apartment housing.
Sign - means any writing (including letters, words, or numerals), pictorial representation
(including illustration or decoration), emblem or logo (including device, symbol or
trademark), banner, pennant or any other figure of similar character (excluding display
windows) which:
(a)
Is a structure or any part thereof, or is attached to, painted on, or in any other
manner represented on or in a building or other structure;
(b)
Is used to identify, direct attention to, or advertise;
(c)
Is visible from outside a building, but shall not include show windows as such; and
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(d)
May include the following types:
(i)
Advertising Sign - means a sign directing attention to a business,
commodity, service or entertainment conducted, sold or offered elsewhere
than upon the same zoning site where the sign is maintained, including a
billboard sign;
(ii)
Bulletin Board Sign - 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 such sign is maintained, e.g., school, church,
community centre, etc.;
(iii)
Business sign - means an accessory sign directing attention to a business,
commodity, service or entertainment conducted, sold, or offered upon the
same zoning site where the sign is maintained;
(iv)
Identification Sign - means an accessory sign that identifies the business,
owner, or resident and/or the street address of the zoning site on which it is
located and which sets forth no other advertisement;
(v)
Mobile Sign - means any structure designed for transport, which is placed
or maintained at one (1) particular location for the express 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;
(vi)
Real Estate Sign means a sign advertising the sale, rental or lease of the
premises on which it is maintained; and
(vii)
Temporary Sign
means a sign identifying temporary activities including construction project
signs, real estate signs, political signs and advertising signs (includes mobile
signs) taking place on the same site or a different site on which the sign is
located.
Sign Surface Area - means the entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem, or any other material or colour
forming an integral part of the display; excluding the necessary supports or uprights on
which it is placed. In computing the total sign surface area in square feet, standard
mathematical formulas for known or common shapes will be used. In the case of irregular
shapes, straight lines drawn closest to the extremities of the shape will be used. Where a
sign has two (2) faces placed back to back and are at no point more than three (3) feet from
one another, the total sign surface area of the sign may be taken as the sign surface area of
one (1) face of the sign.
Site - means an area of land which:
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(a)
Is occupied or intended to be occupied by a principal use or by a use of a building or
group of buildings, together with accessory buildings and structures as are provided
for herein, along with required yards;
(b)
Has frontage on a public street , or has any lawful means of access satisfactory to
Council, or as otherwise provided for in this By-law; and
(c)
Is of sufficient size to meet the minimum requirements of this By-law for a permitted
or conditional use in a zone where the use is located.
Site Area - means the computed area contained within the site lines.
Site, Corner - means a site situated at the intersection of two (2) streets.
Site Depth - means the horizontal distance between the centre points in the front and rear
site lines.
Site Lines:
(a)
Front Site Line - means
(i)
The boundary of a site along a public street or highway;
(ii)
For a corner site, the continuation of the front site line of the abutting interior
site.
53
(b)
Rear Site Line - means
(i)
A boundary of a site which is most nearly parallel to the front site line;
(ii)
Where the side site lines intersect, a line ten (10) feet in length within the site,
parallel to and at the maximum distance from the front site line.
Side Site Line - means any boundary of a site, which is not a front or rear site line.
Where it is not possible to determine site lines according to these definitions, the
Development Officer shall determine them.
Site Width - means the horizontal distance between the side site lines, measured at right
angles to the site depth at a point midway between the front and rear site lines, or at forty
(40) feet from the front site lines, whichever is less.
54
Street - means a public highway, road allowance, lane, way, or thoroughfare (or any part
thereof) which has a minimum right-of-way width of fifty (50) feet, and which provides the
principal means of access to abutting property.
Structure - means a thing constructed or erected with a fixed location on or below the
ground or attached to something with a fixed location, and includes but is not limited to
buildings, walls, fences, signs, billboards, light standards and antennas.
Surface Water - means any body of flowing or standing water, whether naturally or
artificially created, including, but not limited to a lake, river, creek, spring, drainage ditch,
roadside ditch, reservoir, swamp, wetland and marsh, including ice on any of them, but not
including a dugout or reservoir on the property of an agricultural operation.
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 site.
Waterbody - means any body of flowing or standing water, whether naturally or artificially
created, and whether the flow or presence of water is continuous, intermittent or occurs only
during a flood, including but not limited to a lake, river, creek, stream, slough, marsh, swamp
and wetland, including ice on any of them.
Wind Energy Generating Operation - means one or more devices such as a wind
charger, windmill, or wind turbine that converts wind energy to electrical energy and that,
singly or collectively, produce electricity which is subsequently distributed on the provincial
electrical grid (Manitoba Hydro) for consumption on a commercial basis.
Wrecking Establishment - means the dismantling or wrecking of used motor vehicles,
trailers or agricultural implements, or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles, agricultural implements or their parts.
Yard - means an open area between the exterior wall of a building and the boundaries of
the site on which it is located.
55
Yard, Required - means the yard measured from a front, rear or side site line towards the
interior of the site within which no building or any part of a building may be located, except as
provided in this By-law.
Zoning Boundaries
9.4
The following rules of interpretation shall apply to the boundaries of the zoning districts
shown on the MAPS comprising Schedule "A":
(a)
Boundaries indicated as approximately following the centre-lines of streets, lanes,
highways, rivers, or railway or public utility lines or rights-of-way shall be construed to
follow such centre-lines;
56
(b)
Boundaries indicated as approximately following site limits as shown on a registered
plan or a metes and bounds description or by reference to the Dominion Government
Survey shall be construed to follow such site limits.
9.5
If a street, lane or government road allowance is lawfully closed, then the land formerly
comprising the street, lane or government road allowance shall be included within the zone
of the land, which surrounds it. If the said street lane or government road allowance was a
zone boundary between two or more different zones, then the new zone boundary shall be
the former centreline of the closed street lane or government road allowance.
SCHEDULE "A" - ZONING MAPS
Attached to
By-law No. 21-2017
of
Municipality of Brenda-Waskada
MAP 1: MUNICIPALITY OF BRENDA-WASKADA
MAP 2: WASKADA
MAP 3: NAPINKA
MAP 4: GOODLANDS
MAP 5: MEDORA
AG
AG
AG
AG
See Map 2
See Map 4
See Map 5
See Map 3
Goodlands
Waskada
Medora
Napinka
AL
C AN A D I A N
PA C I FI C
R AI LW A Y
CA N AD I AN
PA CI FI C
RA I LWAY
31
31
36
36
Rge. 24W
Rge. 25W
Twp. 4
Twp. 3
Twp. 2
Twp. 1
31
31
36
36
6
6
1
1
6
6
1
1
31
31
36
36
6
6
1
1
31
31
36
36
6
6
1
1
Twp. 4
Twp. 3
Twp. 2
Twp. 1
United States of America
Municipality of Deloraine-Winchester
Municipality of Deloraine-Winchester
Municipality of Two Borders
Municipality of Two Borders
Municipality of Grassland
452
251
452
254
254
3
3
21
21
Municipality Of
Brenda-Waskada
Schedule "A"
By-Law No.
ZONING MAP 1
21-2017
Legend:
Zones
Agricultural General Zone
Agricultural Limited Zone
General Development Zone
0
4,000
8,000
Feet
0
1,500
3,000
750
Meters
Brenda-Waskada Municipal
Boundary
Date: March, 2017
Indigenous and Municipal Relations
Community & Regional Planning
±
AL
AL
AL
GD
NE-6-2-25-W
NW-5-2-25-W
SW-5-2-25-W
SE-6-2-25-W
SE-7-2-25-W
SW-8-2-25-W
RAILWAY
AVENUE
FIRST
STREET
STREET
STREET
STREET
SECOND
THIRD
FOURTH
AVENUE
AVENUE
MOUNTAIN
SOURIS
PUBLIC
ROAD
PUBLIC
ROAD
3
7
5
3
1
2
1
1
9
10
18
31
39
40
41
21
1
5
10
29
1
2
3
4
5
6
7
8
1
10
11
20
1
10
11
20
1
7
8
11
15
18
24
1
2
PLAN
2531
12
1
18
20
PLAN
No.
27
PLAN
No.
27
SP PLAN
No.
47167
PLAN
No.
649
1
8
13
17
8
13
17
8
13
17
A
B
PLAN
439
1
10
11
20
1
10
11
20
1
7
18
24
1
7
18
24
1
7
18
24
PLAN
No.
38
PLAN
No.
38
PLAN
No.
244
PLAN
244
PLAN
No.
244
1
2
3
4
5
8
9
12
13
16
22
PUBLIC
ROAD
23
1
PLAN
24627
PLAN
24627
9
2
1
PLAN
24808
6
PLAN
47167
PLAN 66
9
PLAN
66
11
1
2
PLAN
26946
1
2
PLAN
42118
1
PLAN
42853
PUBLIC
ROAD
1
2
3
4
5
6
PLAN
47167
PLAN
47167
PLAN
45400
1
No.
PLAN
43428
1
2
4
5
6
7
9
PLAN
PLAN
45400
PLAN
45400
2369
No.
PLAN
45400
14
2
3
2369
PLAN
PLAN
No.
No.
2369
PLAN
No.
2369
PLAN
No.
376
7
9
PLAN
468
PLAN
770
PLAN
45400
8
NO.
NO.
NO.
1
PARCEL A
69
7
PLAN
No.
2369
49
48
47
46
45
43
44
2369
No.
PLAN
PLAN
No.
52616
2
NO.
402
15
PLAN
2369
No.
2
PLAN
51533
1
PUBLIC
ROAD
6
3
1
2
PLAN
PLAN
58159
No.
58159
No.
1
PUBLIC
ROAD
PLAN
No.
376
9
1
452
251
251
251
Municipality Of Brenda-Waskada
ZONING MAP 2
Legend:
Zones
Agricultural General Zone
Agricultural Limited Zone
General Development Zone
0
500
1,000
Feet
0
200
400
100
Meters
Waskada
Schedule "A"
By-Law No. 21-2017
Date: March, 2017
Indigenous and Municipal Relations
Community & Regional Planning
±
AL
AL
AL
GD
NE-19-4-25-W
NW-19-4-25-W
SE-30-4-25-W
SW-30-4-25-W
SW-19-4-25-W
SE-19-4-25-W
MUNICIPALITY
OF
TWO BORDERS
PLAN
16
PLAN
No.
26
PLAN
233
PLAN
No.
14A
PLAN
21231
PLAN
21231
PLAN
21231
PLAN
21231
PLAN
21231
PLAN
21231
PLAN
No.
21231
PLAN
21231
PLAN
21231
PLAN
No.
21231
PLAN
No.
8
PLAN
No.
8
PLAN
12
PLAN
No.
12
PLAN
No.
12
PLAN
12
PLAN
No.
16
PLAN
373
No.
PLAN
373
No.
PLAN
No.
11
14A
PLAN
PLAN
No.
12
PLAN
No.
12
PHINNEY
AVENUE
DUFFERIN
AVENUE
AVENUE
AVENUE
AVENUE
AVENUE
BRAMBEL
MURRAY
WHITE
PARK
RAILWAY
10
1
2
3
4
7
8
9
6
5
13
12
18
14
15
16
16
19
2
1
7
1
5
6
15
5
6
15
1
1
15
6
5
1
5
6
15
15
6
5
1
8
9
10
11
12
13
1
5
6
10
5
6
10
6
5
10
1
1
6
7
1
5
6
10
10
6
1
5
1
5
6
10
1
4
7
8
12
16
1
5
6
12
1
5
6
10
1
6
10
1
5
6
10
1
5
6
10
9
10
11
12
13
17
21
1
5
8
1
4
5
6
7
8
9
13
1
2
3
6
7
9
3
2
1
4
5
19
17
18
14
15
STREET
BROADWAY
STREET
STREET
STREET
STREET
STREET
STREET
DAVIS
HUTTON
SOURIS
CATES
BRENDA
IRWIN
452
Municipality Of Brenda-Waskada
ZONING MAP 3
Legend:
Zones
Agricultural General Zone
Agricultural Limited Zone
General Development Zone
0
400
800
Feet
0
150
300
75
Meters
Napinka
Schedule "A"
By-Law No. 21-2017
Date: March, 2017
Indigenous and Municipal Relations
Community & Regional Planning
±
AL
AL
AL
GD
NE-3-2-24-W
NW-2-2-24-W
SW-2-2-24-W
SE-3-2-24-W
PLAN
24274
PLAN
35674
1
2
1
2
3
4
5
6
1
9
10
16
17
1
23
27
28
30
29
3
4
5
6
7
8
9
10
11
1
9
10
13
16
17
20
23
1
5
10
11
14
17
18
21
24
1
2
3
6
7
8
9
10
14
17
18
21
25
1
5
10
11
17
20
21
24
30
1
2
2
6
2
19
SS PLAN
2
2352
SS PLAN
2352
SS PLAN
24274
PLAN
583
SS PLAN
2352
SS PLAN
2352
MOUNTAIN
AVENUE
RAILWAY
AVENUE
LENNOX
ELMSLEY
MURRAY
FRASER
STREET
STREET
STREET
STREET
SS PLAN
2352
NO.
31
PLAN
NO.
376
SS PLAN
NO.
2352
PLAN
NO.
25140
PLAN
NO.
799
PLAN
583
NO.
251
Municipality Of Brenda-Waskada
ZONING MAP 4
Legend:
Zones
Agricultural General Zone
Agricultural Limited Zone
General Development Zone
0
400
800
Feet
0
100
200
50
Meters
Goodlands
Schedule "A"
By-Law No. 21-2017
Date: March, 2017
Indigenous and Municipal Relations
Community & Regional Planning
±
AL
GD
AL
AL
SW-32-3-24-W
NW-32-3-24-W
NE-31-3-24-W
SE-31-3-24-W
229
No.
PLAN
229
PLAN
24
PLAN
229
PLAN
13
No.
PLAN
506
No.
PLAN
645
No.
229
No.
PLAN
712
No.
PLAN
2527
PLAN
229
PLAN
229
PLAN
13
No.
PLAN
24
No.
PLAN
24
No.
PLAN
24
No.
PLAN
PLAN
No.
503
PLAN
No.
PLAN
No.
PLAN
No.
11
PLAN
No.
645
PLAN
529
PLAN
No.
PLAN
79
PLAN
No.
637
PLAN
No.
No.
702
PLAN
PLAN
642
503
11
BLK. A
1
2
3
4
5
7
6
B
A
A
2
12
11
21
19
13
17
14
11
31
25
18
A
10
9
10
1
1
1
10
1
24
11
31
25
17
11
24
18
6
5
3
1
PT. 10
2
1
PT. 10
15
13
11
1
5
254
3
3
254
Municipality Of Brenda-Waskada
ZONING MAP 5
Legend:
Zones
Agricultural General Zone
Agricultural Limited Zone
General Development Zone
0
400
800
Feet
0
100
200
50
Meters
Medora
Schedule "A"
By-Law No. 21-2017
Date: March, 2017
Indigenous and Municipal Relations
Community & Regional Planning
±