R.M. of Clanwilliam Zoning By-Law No. 1313-86 (office consolidation to 2011)
Municipality of Clanwilliam – Erickson, Manitoba
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THE RURAL MUNICIPALITY OF
CLANWILLIAM
ZONING BY-LAW
CONSOLIDATION
UNOFFICIAL OFFICE CONSOLIDATION
R.M. OF CLANWILLIAM
ZONING BY-LAW NO.1313-86
AMENDING BY-LAWS INCLUDED IN THIS OFFICE CONSOLIDATION
By-Law No.
Date Approved
Amendment Description
1382/92
May/92
Sec. 5 & 6, Twp. 18, Rge. 17 from SR to A80 - map one
1428/97
January/98
add existing cottage leases to Part IV, Section 6 (26) and
amend. part of map two from A80 to SR - text & map
1432/98
January/98
Livestock issues etc. - text
1460/05
February/06
Add Wind Turbines "A80" General Agricultural Zone
1476/09
September/09
Add Dude Eco-Ranch "A80" General Agricultural Zone
1482/10
January 12, 2011
Major amendments
THE RURAL MUNICIPALITY OF CLANWILLIAM
BY-LAW NO. 1313-86
Being a By-law to regulate the use and development of land within the Rural Municipality of
Clanwilliam.
Whereas, Section 40(1) of the Planning Act, Chapter 29, S.M. 1975 provides that a Zoning By-law
maybe enacted by the Council of a Municipality;
And whereas, pursuant to Section 30(1) of the said Planning Act, the South Riding Mountain
Planning Board has by By-law adopted a Development Plan;
And whereas, Section 34(2) of the same Act provides that a Zoning By-law shall be prepared upon
the adoption of a Development Plan;
Now therefore, the Council of the Rural Municipality of Clanwilliam, in meeting duly assembled,
enacts as follows:
TABLE OF CONTENTS
PART I - DEFINITIONS ............................................................................................................. 1
RULES OF CONSTRUCTION ................................................................................................ 1
DIVISIONS OF BY-LAW ......................................................................................................... 1
DEFINITIONS ......................................................................................................................... 2
PART II - ADMINISTRATION ................................................................................................ 19
SCOPE ..................................................................................................................................19
TITLE ....................................................................................................................................19
WHEN EFFECTIVE ...............................................................................................................19
THE AREA ............................................................................................................................19
INTENT AND PURPOSE.......................................................................................................19
RESPONSIBILITIES OF COUNCIL .......................................................................................20
RESPONSIBILITIES OF THE BOARD ..................................................................................20
AMENDMENTS .....................................................................................................................20
CONDITIONAL USE ..............................................................................................................21
TEMPORARY USES .............................................................................................................21
VARIATIONS .........................................................................................................................22
DEVELOPMENT AGREEMENT ............................................................................................22
THE DEVELOPMENT OFFICER ...........................................................................................22
DUTIES .................................................................................................................................22
DEVELOPMENT PERMIT .....................................................................................................23
PERMIT REQUIRED .............................................................................................................23
WHEN REQUIRED ................................................................................................................23
REQUIREMENTS .................................................................................................................24
CONFORMITY ......................................................................................................................24
BUILDING PERMITS .............................................................................................................24
PERMITS ISSUED PRIOR TO BY-LAW ................................................................................24
NON-CONFORMITY .............................................................................................................25
EXISTING BUILDINGS AND STRUCTURES ........................................................................26
INTERPRETATION AND APPLICATION ..............................................................................26
RELATION TO OTHER BY-LAWS ........................................................................................26
PREVIOUS VIOLATIONS ......................................................................................................26
SITE REDUCED ....................................................................................................................27
VARIATION ORDER OR SPECIAL EXCEPTION PRIOR TO BY-LAW .................................27
RETENTION OF BULK REGULATIONS ...............................................................................27
FUTURE ROAD ALLOWANCE DEEMED EXISTING ............................................................27
PUBLIC UTILITIES AND SERVICES ....................................................................................27
MONUMENTS AND STATIONARY .......................................................................................27
ENFORCEMENT ...................................................................................................................28
PRIVATE, LANE OR ROAD FRONTAGE ..............................................................................28
THROUGH SITE - MAY BE TWO SITES ..............................................................................28
BUILDING GRADE ................................................................................................................28
DUTIES OF THE OWNER .....................................................................................................28
FEE SCHEDULE ...................................................................................................................29
SUBDIVIDING LAND .............................................................................................................29
LANDS SUBJECT TO PERIODIC FLOODING ......................................................................29
PROTECTION OF WATER BODIES .....................................................................................30
PART III - ZONING .................................................................................................................. 31
ZONES ..................................................................................................................................31
ZONING MAPS .....................................................................................................................31
INTERPRETATION OF ZONE BOUNDARIES ......................................................................32
CROWN LAND ......................................................................................................................32
PART IV - RURAL ZONES ..................................................................................................... 33
INTENT AND PURPOSE.......................................................................................................64
ZONES ..................................................................................................................................64
APPLICATION OF BY-LAW TO RURAL ZONES ..................................................................65
USE REGULATIONS ............................................................................................................65
RURAL USE TABLE IV - I ....................................................................................................65
ACCESSORY USES, BUILDINGS AND STRUCTURES .......................................................68
CONDITIONAL USE ..............................................................................................................70
BULK REQUIREMENTS .......................................................................................................70
"A80" GENERAL AGRICULTURAL BULK TABLE IV - II .......................................................70
"RR" RURAL RESIDENTIAL BULK TABLE IV - III ................................................................74
"SR" GENERAL SEASONAL RECREATION & "SRR" SEASONAL RECREATION
RESIDENTIAL BULK TABLE IV - IV .....................................................................................74
"CH" HIGHWAY COMMERCIAL BULK TABLE IV-V ..............................................................76
GENERAL PROVISIONS ......................................................................................................78
ACCESSORY BUILDINGS, STRUCTURES AND USES PERMITTED .................................78
NOXIOUS OR OFFENSIVE USES ........................................................................................78
HEIGHT OF BUILDINGS AND STRUCTURES .....................................................................78
HEIGHT EXCEPTIONS .........................................................................................................79
FRONT YARD EXCEPTIONS ...............................................................................................79
PROJECTIONS INTO REQUIRED YARDS ...........................................................................79
SEPARATIONS FOR DWELLING SITES FROM INCOMPATIBLE USES .............................80
LIVESTOCK OPERATIONS ..................................................................................................80
TABLE IV-VI: ANIMAL UNIT SUMMARY TABLE .................................................................82
LIVESTOCK OPERATIONS DEEMED CONDITIONAL USES ..............................................83
LIVESTOCK OPERATIONS IN PROXIMITY TO RESIDENCES AND DESIGNATED AREAS
..............................................................................................................................................83
TABLE IV-VII: MINIMUM SEPARATION DISTANCES FOR SITING ....................................83
LIVESTOCK OPERATIONS ..................................................................................................83
LIVESTOCK OPERATIONS DEVELOPMENT IN BUFFER AREAS ......................................84
APPLICATION REQUIREMENTS .........................................................................................85
SMALL-SCALE AND NON-FARM RESIDENTIAL ACCESSORY LIVESTOCK .....................87
FACILITIES ...........................................................................................................................87
PROXIMITY OF STATIONARY ANHYDROUS AMMONIA STORAGE TANKS TO AREAS
DESIGNATED FOR RESIDENTIAL DEVELOPMENT ...........................................................87
STORAGE OF ANHYDROUS AMMONIA AND OTHER HAZARDOUS CHEMICALS IN
COMMERCIAL ESTABLISHMENTS .....................................................................................87
PROXIMITY OF WASTE DISPOSAL GROUNDS AND SEWAGE LAGOONS TO SINGLE
DWELLING SITES AND DESIGNATED AREA ZONES ........................................................87
PROXIMITY OF AIR LANDING STRIPS TO BUILDINGS AND STRUCTURES AND OTHER
DESIGNATED AREA ZONES ...............................................................................................88
COMMERCIAL RESORT, AND CONFERENCE CENTRE DEVELOPMENT PROVISIONS .88
SIGN REGULATIONS ...........................................................................................................88
PARKING ..............................................................................................................................90
LOCATION OF AUTOMOBILE WRECKING ESTABLISHMENTS .........................................90
STORAGE OF DERELICT VEHICLES ..................................................................................90
CAMPGROUND PROVISIONS .............................................................................................90
HOME-BASED BUSINESSES ...............................................................................................91
CONDOMINIUM SUBDIVISION OF LAND ............................................................................91
ONLY ONE MAIN BUILDING OR USE ON A SITE ...............................................................92
NUMBER OF SINGLE-FAMILY DWELLINGS AND COTTAGES PER PARCEL OR CONDO
UNITS OF LAND ...................................................................................................................92
MULTIPLE USES ..................................................................................................................92
WIND TURBINE GENERATOR STATION DEVELOPMENT PROVISIONS ..........................92
LOCATION OF GAME FARMS .............................................................................................93
EXISTING COTTAGE LEASES .............................................................................................93
MOBILE HOME PARK DEVELOPMENT PROVISIONS ........................................................94
MOBILE HOME PARK ..........................................................................................................94
BUFFER AREA .....................................................................................................................94
DEVELOPMENT OF THE BUFFER AREA ............................................................................94
LOCATION OF STORAGE COMPOUND ..............................................................................94
MOBILE HOME PARK OR SUBDIVISION INTERNAL ROADWAY SYSTEM .......................94
NUMBER OF MOBILE HOMES.............................................................................................95
DISTANCE FROM STORAGE COMPOUND, COMMON PARKING, SERVICE BUILDING ..95
REQUIRED SERVICES FOR MOBILE HOME SPACE .........................................................95
REQUIRED SERVICES FOR MOBILE HOME PARK ............................................................95
LOCATION OF ACCESSORY BUILDINGS ...........................................................................95
ACCESSORY STRUCTURES AND BUILDINGS ..................................................................96
SITE PLANS - REQUIREMENTS .........................................................................................96
MOBILE HOME STANDARDS ..............................................................................................96
1
DEFINITIONS
PART I - DEFINITIONS
RULES OF CONSTRUCTION
1.
(1)
The following rules of construction apply to the text of this By-law:
(a)
Words, phrases and terms defined herein shall be given the defined
meaning.
(b)
Words, phrases and terms not defined herein but defined in the Act and the
Building, Electrical or Plumbing By-laws of the R.M. of Clanwilliam shall
be construed as defined in such Act and By-laws.
(c)
Words, phrases and terms neither defined herein nor in the Building,
Electrical or Plumbing By-laws of the R.M. of Clanwilliam shall be given
their usual and customary meaning except where, in the opinion of Council,
the context clearly indicates a different meaning.
(d)
The phrase "used for" includes "arranged for", "designed for", or "occupied
for".
(e)
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events connected by
the conjunction "and", "or" or "either - or", the conjunction shall be
interpreted as follows:
(i)
"and" indicates that all the connected items, conditions, provisions
or events shall apply in any combination.
(ii)
"or" indicates that the connected items, conditions, provisions or
events may apply singly or in combination.
(iii)
"either - or" indicates that the connected items, conditions,
provisions or events shall apply singly but not in combination.
(f)
The word "includes" shall not limit a term to the specified examples, but is
intended to extend the meaning to all instances or circumstances of like,
kind or character.
DIVISIONS OF BY-LAW
2.
(1)
This By-law is divided into PARTS, each PART being self-sufficient with a
minimum of cross references.
2
DEFINITIONS
DEFINITIONS
3.
(1)
"Accessory building or use" means a subordinate building or use located on the
same zoning site as the principal building or use, the use of which is incidental and
accessory to that of the principal building or use of the land:
(a)
"Accessory building, semi-detached" means an accessory building which is
attached to the principal building by a breezeway, etc. and, in determining
the required yards, the attached accessory building shall be treated as being
part of the main building.
(b)
"Accessory building, detached" means an accessory building which is not
attached to the principal building and, in determining the required yards, the
requirements for accessory uses, buildings and structures as shown in the
Bulk Tables shall be used.
3.
(2)
"Act, Enabling" means The Planning Act, being CHAPTER P80 of the Continuing
Consolidation of the Statutes of Manitoba, and amendments thereto.
3.
(3)
"Agricultural activities" means a use of land for agricultural purposes including
farming, dairying, pasturage, agriculture, apiculture, floriculture, horticulture, and
animal and poultry husbandry and the necessary accessory uses for packing, storing
or treating the produce; provided, however, that the operation of any such accessory
uses shall be secondary to that of the normal agricultural activities.
3.
(4)
"Agricultural implement sales and services" means a building and open area, used
for display, sale or rental of new or used farm implements and where incidental
repair work is done.
3.
(5)
"Aircraft landing strip" means any area of land or water which is used or intended
for use for the landing or taking off of aircraft and any appurtenant areas which are
used or intended for use for airport buildings or other airport facilities or rights-of-
way, including taxiways, aircraft storage and tie-down areas, hangars and other
related buildings and open spaces.
3.
(6)
"Alter or alteration" means a change or modification to an existing building,
structure or use which, unless otherwise provided for herein, does not increase the
exterior dimensions with respect to height and area.
3.
(7)
"Alterations, incidental" means:
(a)
Changes or replacements in the non-structural parts of a building or
structure, including but not limited to, the following:
3
DEFINITIONS
3.
(7)
(a)
(i)
a minor addition on the exterior of a building, such as an open
porch;
(ii)
alteration of interior partitions in all types of buildings; or
(iii)
replacement of, or changes in, the capacity of utility pipes, ducts or
conduits.
(b)
Changes or replacements in the structural parts of a building, including but
not limited to, the following:
(i)
adding or enlarging windows or doors in exterior walls;
(ii)
replacement of building facades; or
(iii)
strengthening the load bearing capacity, in not more than ten percent
(10%) of the total floor area, to permit accommodation of a
specialized unit of machinery or equipment.
3.
(8)
"Alteration, structural" means a structural alteration as defined in the Act.
3.
(9)
"Automobile body shop" means a building wherein the repair and painting of
automobiles taken place.
3.
(10)
"Automobile laundry washing establishment" means a building or portion thereof
wherein facilities are provided for the washing, cleaning and polishing of motor
vehicles.
3.
(11)
"Automobile service station" means a building or portion thereof and land used for
supplying fuel, oil and minor accessories for motor vehicles at retail direct to the
customer, and for making minor emergency repairs.
3.
(12)
"Automobile or trailer sales area" means an open area, used for the display, sale or
rental of new or used automobiles or trailers, and where repairs are made they shall
be done within a completely enclosed building, except minor incidental repairs of
automobiles or trailers to be displayed, sold or rented on the premises.
3.
(13)
"Automobile wrecking" means the dismantling or wrecking of used motor vehicles
or trailers, or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
3.
(14)
"Board" means the Board of The South Riding Mountain Planning District as
established under the Act.
3.
(15)
"Building" means a building as defined in the Act.
4
DEFINITIONS
3.
(16)
"Building, main or principal" means a building in which is conducted the principal
use of the site on which it is situated.
3.
(17)
"Building, height of" means the total number of storeys in a building or the vertical
distance measured from grade to the highest point of the roof surface if a flat roof,
to the deck of a mansard roof, and to the mean height level between eaves and ridge
for gable, hip or gambrel roof.
3.
(18)
"Bulk" means the following:
(a)
The size of buildings or structure (including height of building and floor
area);
(b)
The size of zoning sites (including the area, width and depth of the site)
upon which a building or structure is located, and the number of dwelling
units or rooms or floor area within such building or structure in relation to
the area of the zoning site;
(c)
The location of exterior walls of building or structures in relation to site
lines, to other walls of the same building, to legally required windows, or to
other buildings or structures; and
(d)
All open areas relating to buildings or structures and their relationship
thereto.
3.
(19)
"Campgrounds" means an area of land planned and improved to accommodate, on
an intermittent basis, travel trailers, camping trailers, pick-up coaches, motorized
homes, tents, tent trailers, portable cottages or other camping accommodations used
for travel, recreational and vacation uses.
3.
(20)
"Club, recreational, private, lodge" means a non-profit corporation chartered by The
Canada Corporation Act or The Manitoba Corporation Act, or an association
consisting of persons who are bona fide members paying annual dues, which owns,
or leases land or buildings or portion thereof; the use of such premises being
restricted primarily to the main use for members and their guests.
3.
(21)
"Conditional use" means the conditional use of land and/or buildings as defined in
the Act.
3.
(22)
"Condominium" means a condominium as established under the provisions of The
Condominium Act.
3.
(23)
"Condominium, bare land unit" means a unit of land defined by delineation of its
horizontal boundaries without reference to any buildings on a condominium plan.
3.
(24)
"Condominium unit" means a part of the land or building and is designated as a unit
by the condominium plan, and is comprised of the space enclosed by its boundaries
and all the material parts of the land or building within this space at the time the
condominium declaration and plan are registered.
5
DEFINITIONS
3.
(25)
"Conference Center" means a building or group of buildings and accessory
buildings and structures within which conferences and courses are conducted for
various organizations.
3.
(26)
"Council" means the Council of the Rural Municipality of Clanwilliam.
3.
(27)
"Density" means the total number of dwelling units divided by the total area of land
to be developed, expressed in gross acres.
3.
(28)
"Development plan" means the South Riding Mountain Planning District
Development Plan adopted by By-law No. 5-84 By-law No. 01-DP-2010 and
amendments thereto.
3.
(29)
"Drive-in establishment" means an establishment with facilities for attracting and
servicing prospective customers travelling in motor vehicles, which are driven onto
the site where the customer may or may not receive service in the vehicle.
3.
(30)
"Dwelling" means a building or portion thereof designed for residential occupancy,
but not including hotels or motels.
3.
(31)
"Dwelling cottage" means a dwelling constructed and used as a secondary or
intermittent place of residence, for seasonal vacations and recreational purposes.
3.
(32)
"Dwelling, single-family" means a detached building designed for and used by one
(1) family.
3.
(33)
"Dwelling, two-family" means a detached or semi-detached building designed for
and used by two (2) families, each having exclusive occupancy of a dwelling unit.
3.
(34)
"Dwelling, multiple-family" means a building containing three (3) or more dwelling
units, each unit designed for and used by one (1) family.
3.
(35)
"Dwelling, rural non-farm single-family" means a single-family dwelling or mobile
home on a site used for residential purposes, regardless of owner's occupation, and
found in an "A80" General Agricultural Zone or "RR" Rural Residential Zone.
3.
(36)
"Dwelling unit" means one (1) or more rooms in a building designed for one (1) or
more persons as a single housekeeping unit with cooking, eating, living, sleeping
and sanitary facilities.
3.
(37)
"Enlargement" means an addition to the floor area of an existing building or
structure, or an increase in that portion of a parcel of land occupied by an existing
use.
3.
(38)
"Extension" means an increase in the amount of existing floor area used for an
existing use, within an existing building.
6
DEFINITIONS
3.
(39)
"Family" means one or more persons related by blood or marriage or common-law
marriage, or a group of not more than three (3) persons who may not be related by
blood or marriage, living together as a single housekeeping unit.
"Family" also includes domestic servants.
"Common-law" means a man and a woman living together as a family without the
sanctity of marriage.
A housekeeping unit referred to above, shall be deemed to exist if all members
thereof have access to all parts of the dwelling unit.
3.
(40)
"Farm buildings or structures" means any buildings or structures existing or erected
on agricultural land and used principally for agricultural activities but not including
dwellings.
3.
(41)
"Floor area" (as applied to bulk regulations) means the sum of the gross horizontal
areas of the several floors of all buildings and structures on the zoning site,
measured from the exterior faces of the exterior walls or from the centrelines of
party walls. In particular, the floor area of a building or buildings shall include:
(a)
Basements when used for residential, commercial or industrial purposes, but
not including space used for storage or the housing of mechanical or
central heating equipment, and accessory off-street parking spaces;
(b)
Attics where there is a structural head room of seven (7) feet or more.
3.
(42)
"Garage, private or carport" means an accessory building or portion of a principal
building, if attached, used by the occupants of the premises upon which it is located
for the parking or temporary storage of private passenger motor vehicles and may
also include the incidental storage of other personal property.
3.
(43)
"Grade" (as applying to the determination of building or structure height) means the
average level of finished ground adjoining a building or structure at all exterior
walls, as determined by the Development Officer.
3.
(44)
"Home occupation" means an accessory use which:
(a)
Is carried on in a dwelling unit or mobile home or its accessory building;
(b)
Is carried on solely by the members of the family residing at the same
dwelling unit or mobile home without the employment of other persons
except on a temporary basis;
(c)
Is incidental to or secondary to the primary use of the site;
7
DEFINITIONS
(d)
In the opinion of the Council is not offensive, hazardous, or obnoxious,
creates a nuisance or does not contravene the policies of the Development
Plan;
(e)
Does not cause the generation of undue traffic and congestion.
"Home-based business" means an accessory use, either permitted or conditional
(depending on the zone) which is carried on for financial gain by an occupant of a
dwelling, and which shall be incidental or secondary to the principal residential use.
3.
(45)
"Hotel" means a building or part thereof wherein accommodation is provided for
transient lodgers, in any individual room or apartment, with or without cooking
facilities. Permitted accessory uses include, but are not limited to, restaurants,
licensed beverage rooms, banquet halls, ballrooms, meeting rooms and gift shops.
3.
(46)
"House, boarding, lodging or rooming" means a building or portion thereof, other
than a hotel or motel, without cooking facilities, where lodging, or lodging and
meals are provided for compensation.
3.
(47)
"Kennel" means any premises on which more than two (2) animals are boarded,
bred, trained or cared for, in return for remuneration or are kept for the purpose of
sale. A kennel shall not include a veterinary clinic, animal hospital or animal
pound.
3.
(48)
"Lane" means, for the purpose of this By-law, a street for vehicular traffic not over
thirty-three (33) feet in width.
3.
(49)
"Livestock" means cattle, swine, horses, poultry, sheep, rabbits, mink, bison, deer
and similar animals.
3.
(50)
"Livestock production operation" means any agricultural operation where livestock
are confined, fed and raised.
The following operations are not subject to the requirements for livestock
production operations unless, in the opinion of the Council, they create a pollution
problem:
(a)
Livestock auction markets; and
(b)
Agricultural fairs.
"Livestock operation" means a permanent or semi-permanent facility or non-
grazing area where livestock producing at least 10 animal units are kept or raised,
either indoors or outdoors, and includes all associated manure collection facilities,
but does not include an auction mart, agricultural fair, and livestock sale yards, in
which livestock may be kept for a period not exceeding 10 days, unless, they create
a pollution problem.
8
DEFINITIONS
50.1
"Animal housing facility" means, for the purposes of this by-law, a barn or an
outdoor, non-grazing area where livestock are confined by fences or other
structures.
50.2
"Feedlot" means a fenced area where livestock are confined solely to this
structure for the purpose of growing or finishing, and are sustained totally by
means other than grazing. This structure may be emptied for short periods of
time during the year for cleaning, maintenance or livestock economic or
management reasons.
50.3
"Seasonal feeding area" means an outdoor non-grazing area where livestock are
kept for the purpose of providing supplemental or total feed requirements on a
seasonal basis, and where manure builds up such that mechanical removal and
land application is required, but, for the purposes of this by-law, does not include
a feedlot.
50.4
"Earthen manure storage area" means a structure built primarily from soil,
constructed by excavating or forming dykes, and used to retain livestock manure.
50.5 "Non-earthen manure storage facility" means a structure, molehill, tank or other
facility not made out of earth for storing manure, and includes any permanent
equipment or structures in or by which manure is moved to or from the storage
facility, but does not include a field storage site, a vehicle or other mobile
equipment used to transport or dispose of manure, a gutter or concrete storage pit
used to store liquid or semi-solid manure for less than 30 days, a collection basin,
or a composting site for manure or mortalities.
[3.
(51)
"Animal Unit" or A.U. means a unit of measure representing the number of animals
excreting 73 kilograms of nitrogen in a 12 month period. Note Table set out in
Section 6.(11)(a) of PART IV, RURAL ZONES of this By-law. B/L 1432/98]
"Animal unit or A.U." means the number of animals of a particular category of
livestock that will excrete 73 kg of total nitrogen in a 12 month period as
established by the Province.
3.
(52)
"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 moved upon a highway, whether or not such
structure actually has at any time such wheels attached, or is jacked up or skirted.
3.
(53)
"Mobile home park" means a parcel of land upon which mobile home spaces are
provided and have been approved by the Council.
3.
(54)
"Mobile home space" means a defined space in a mobile home park for the
placement of a mobile home.
3.
(55)
"Motel" means a building or part thereof, not over two (2) storeys in height wherein
sleeping accommodation is provided for transient lodgers and in which there is an
exit from each room or suite of rooms directly to the outdoors with access to grade
9
DEFINITIONS
level. Permitted accessory uses include but are not limited to restaurants, licensed
beverage rooms, banquet halls, ballrooms and meeting rooms.
3.
(56)
See "NON-CONFORMITIES" in PART II, Section 10.
.
(57)
"Open space" means that required portion of a zoning site at ground level, unless
otherwise stated, unoccupied by principal or accessory buildings and available to all
the occupants of the building. The open space shall be unobstructed to the sky and
shall not be used for service driveways or accessory off-street parking space or
loading space, unless otherwise provided for herein, but shall be usable for
landscaping, drying yards, on outdoors. Balconies, roof and other like above grade
level areas may also be considered as open space.
3.
(58)
"Owner" means an owner as defined in the Act.
3.
(59)
"Parcel of land" means a parcel as defined in the Act.
3.
(60)
"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
persons or businesses.
3.
(61)
"Pasture" means any area in which forage growth is sustained and provides a
significant portion of the diet to livestock kept, fed or raised there and includes
facilities for watering, supplement feeders, and handling facilities.
3.
(62)
"Premises" means an area of land with or without buildings.
[3.
(63)
"Public utilities and services" means any system, works, building, plant, equipment
or service, excluding communication towers and wind turbine towers, for the
purpose of furnishing publicly used services and facilities that are available at
approved rates to the inhabitants of the Rural Municipality of Clanwilliam,
including but not limited to:
(a)
Standard communication lines and associated poles
(b)
Public transportation, by bus or other vehicle
(c)
Public water wells and public water purification systems
(d)
Transmission, or delivery of water, gas or electricity to the public at large
(e)
Public buildings and structures, and
(f)
Public collection and storage of sewage, garbage or other waste.](B/L
1460/05)
3.
(64)
"Residential care facility" means the use of any building or structure or part thereof,
however named, which is advertised, announced or maintained for the express or
10
DEFINITIONS
implied purpose of providing care and supervision or transitional services with or
without lodging and meals to persons not related by blood, marriage or adoption to
the operator nor to each other but does not include a facility which is licensed or
designated by the Manitoba Health Services Commission.
3.
(65)
"Resort, commercial" means a commercial recreation establishment, which may
consist of one or more buildings containing single or multiple-family dwellings,
recreational facilities, conference facilities and service facilities which are used on
an intermittent basis. Other facilities which may be a part of the resort development
includes: camping and tenting grounds, hotel, retail store, eating establishment,
marina, golf course and other outdoor recreation game courts, areas and trails.
3.
(66)
"Senior citizen home" means a building containing one or more dwelling units or
individual rooms where elderly people live independent of personal care.
3.
(67)
"Sign" means any writing (including letter, word or numeral), pictorial
representation (including illustration or decoration), emblem (including device,
symbol or trademark), banner, pennant or any other figure of similar character
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; and
(c)
Is visible from outside a building but shall not include show windows as
such.
3.
(68)
"Sign, advertising" 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.
3.
(69)
"Sign, bulletin board" means a sign or 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 sign is maintained, e.g., school, church, community centre bulletin board
sign and similar uses.
3.
(70)
"Sign, business" means a sign directing attention to a business, commodity, service
or entertainment conducted, sold or offered upon the same zoning site where the
sign is maintained.
3.
(71)
"Sign, facia or wall" means any sign attached against the surface of, or against or
within a recess in the wall, a column or other perpendicular portion of a building in
a position essentially parallel to said wall, column or other perpendicular position.
A facia sign shall also mean any sign attached to the walls of two or more buildings
and spanning the spaces between said buildings.
11
DEFINITIONS
3.
(72)
"Sign, freestanding" means a sign supported by a vertical column or columns
placed in the ground with the sign surface area above ground level.
3.
(73)
"Sign, identification" means a sign that identifies the owner, resident or street
address and which sets forth no other advertisement.
3.
(74)
"Sign surface area" means the entire area within a single continuous perimeter
enclosing the extreme limits of writing, representation, emblem, or any figure of
similar character, including any frame or other material or color forming an integral
part of the display or used to differentiate such sign from the background against
which it is placed; excluding the necessary supports or uprights on which it is
placed. Where a sign has two or more faces, the area of all faces shall be included
in determining the area of the sign, except that where two such faces are placed
back to back and are at no point more than one (1) yard from one another, the sign
surface area of the sign shall be taken as the surface area of one face if the two faces
are of equal area, or as the surface area of one face if the two faces are of equal
area, or as the surface area of the larger face if the two faces are of unequal area.
3.
(75)
"Site, or Zoning Site" means a parcel of land which:
(a)
is occupied, or intended to be occupied, by a main building or a group of
such buildings and accessory buildings, or utilized for the principal use or
uses thereto, together with such open spaces as are required under the
provisions by this By-law;
(b)
has site frontage on a street or has any lawful means of access satisfactory to
the Council; and
(c)
is of sufficient size to provide the minimum requirements of this By-law for
a permitted or conditional use in a zone where the use is located.
3.
(76)
"Site area" means the computed area contained within the site lines.
3.
(77)
"Site, corner" means a site situated at the intersection of two (2) streets, the interior
angle of such intersection not exceeding 135 degrees.
12
DEFINITIONS
3.
(78)
"Site coverage" means that part or percentage of the site occupied by buildings,
including accessory buildings.
That portion of the structures, which are below the finished grade, shall not be
included in site coverage.
3.
(79)
"Site depth" means the horizontal distance between the centre points in the front
and rear site lines.
3.
(80)
"Site frontage" means all that portion of a zoning site fronting on a street and
measured between side site lines (see sketches).
3.
(81)
"Site, interior" means a site other than a corner site or a through site. (See sketches)
13
DEFINITIONS
3.
(82)
"Site, key" means the first site to the rear of a reversed corner site. (See sketches)
3.
(83)
"Site lines" means as follows:
(a)
"Front site line" means that boundary of a site, which abuts a legally
existing street. For a corner site, the Development Officer may select the
front site line except where an interior site abuts the corner site, then the
front site line shall be that line which is the continuation of the front site line
of the interior site;
(b)
"Rear site line" means that boundary of a site which is most nearly parallel
to the front site line and in the case of a site in which the side site lines
intersect, such as a triangular site, a line ten (10) feet in length within the
site, parallel to and at the maximum distance from the front site line;
(c)
"Side site line" means any boundary of a site which is not a front or rear site
line;
(d)
Where an irregular shaped site cannot have its site lines defined by the
foregoing definitions, the front, rear and side site lines shall be determined
by the Development Officer.
14
DEFINITIONS
3.
(84)
"Site, reverse corner" means a corner site, the flanking street site line of which
is substantially a continuation of the front site line of the first site to its rear.
3.
(85)
"Site, through" means a site having a pair of opposite site lines along two (2) more
or less parallel streets. On a through site, both street lines shall be deemed front site
lines.
3.
(86)
"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 twenty-five (25) feet from the front site line, whichever is the lesser.
15
DEFINITIONS
3.
(87)
"Storey" means that portion of any building which is situated between the top of
any floor and the top of the floor next above it; and if there is no floor above it, then
that portion between the top of such floor and the ceiling above it. A basement
shall be counted as a storey for the purpose of height measurement, if the vertical
distance between the ceiling and the average finished level of the adjoining ground
is more than five (5) feet.
3.
(88)
"Street" means, for the purposes of this By-law, a public street or highway over
thirty-three (33) feet in width for vehicular traffic.
3.
(89)
"Structure" means anything constructed or erected with a fixed location on or below
the ground, or attached to something having a fixed location on the ground and
includes buildings, walls, fences, signs, billboards, poster panels, light standards,
bee hives and similar items.
3.
(90)
"Travel trailer" means a portable living accommodation designed to be used as
accommodation for travel, recreation or vacation purposes that:
(a)
Is capable of being transported on its own chassis and running gear by
towing or other means;
(b)
Is placed on the chassis or body of a motor vehicle; or
(c)
Forms part of a motor vehicle.
16
DEFINITIONS
3.
(91)
"Use" means:
(a)
Any purpose for which a building or structure or land may be designed,
arranged, intended, maintained or occupied; or
(b)
Any activity, occupation, business or operation carried on, or intended to be
carried on, in a building or structure or on an area of land.
3.
(92)
"Yard" means an open area, on the same zoning site with a building or structure
which yard is unoccupied and unobstructed from its lowest level to the sky, except
as otherwise permitted herein:
(a)
"Yard, required" means a yard extending along a site line or wall to a depth
or width (measured from the site line or wall) specified in the yard
requirements for the zone in which such zoning site is located.
(b)
"Yard, side" means a yard extending along the side site line from the front
yard to the rear yard.
(c)
"Yard, corner side" means a side yard, which adjoins a street.
(d)
"Yard, interior side" means a side yard which is adjacent to another zoning
site, or to a lane separating such side yard from another zoning site, or to the
wall of a building adjacent to the wall of another building in a planned unit
development.
(e)
"Yard, front" means a yard extending along the full length of the front site
line between the side site lines.
(f)
"Yard, rear" means a yard extending along the full length of the rear site
line between the side site lines.
The following sketches illustrates the foregoing definitions of the yards:
17
DEFINITIONS
18
DEFINITIONS
[3.
(93)
"Wind Turbine Generator Station (WTGS)" means a site and facility that is
comprised of, but not limited to, one or more wind turbine generator towers, and
may include associated operation and maintenance buildings, research or
meteorological towers, collector grids, roads and substations that convert wind
energy to electrical energy for use or sale by a private commercial enterprise or
public utility. It must have a collective nameplate rating of 0.50 megawatt or
greater and be connected to the transmission or a local distribution grid. The
(WTGS) can be comprised of either a leased or an owned site.](B/L 1460/05)
[3.
(94)
"Dude Eco Ranch" means a farm which, in addition to the regular farm buildings,
consists of an additional one (1) or up to five (5) cabins used for short term rental
on an intermittent basis to house farm guests involved in farm and/or eco-tourism
activities.](B/L 1476/09)
3.
(95)
"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.
3.
(96)
"Surface water course" 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.
3.
(97)
"Ordinary high water mark" means a point on land that would be at the water's
edge when the water reaches the following level:
(a)
in the case of a reservoir, the full supply level;
(b)
in the case of a drain, the bank-full level; and
(c)
in the case of any other water body, the highest level to which the water
usually rises each year at which it remains long enough to change the
characteristics of the land or vegetation on the land.
19
ADMINISTRATION
PART II - ADMINISTRATION
SCOPE
TITLE
1.
(1)
This By-law shall be known as "The Rural Municipality of Clanwilliam Zoning By-
law".
WHEN EFFECTIVE
1.
(2)
This By-law shall be in full force and effect when it is given third reading by the
Council of the R.M. of Clanwilliam.
THE AREA
1.
(3)
The Area to which this Zoning By-law shall apply shall be all of the R.M. of
Clanwilliam.
INTENT AND PURPOSE
1.
(4)
The regulations and provisions established by this By-law are deemed necessary in
order to:
(a)
Implements the objectives and policies of the South Riding Mountain
Planning District Development Plan;
(b)
To define the powers and duties of the Council, the Board, and the
Development Officer; and
(c)
To regulate the following:
(i)
Buildings and structures erected hereafter unless otherwise
provided;
(ii)
Uses of buildings, structures and land established hereafter;
(iii)
Alterations or relocations of existing buildings and structures
occurring hereafter;
(iv)
Enlargements or additions to existing buildings, structures or uses;
and
(v)
The change of use of buildings or structures.
20
ADMINISTRATION
RESPONSIBILITIES OF COUNCIL
1.
(5)
Subject to the provisions of the Act, the Council is responsible for:
(a)
The enactment of this By-law;
(b)
Considering the adoption of proposed amendments or the repeal of this By-
law;
(c)
Acting as a Variation Board;
(d)
Approving or rejecting conditional use applications, and may revoke the
authorized conditional use for any violation of any conditions imposed by it;
and
(e)
Establishing a schedule of fees as provided for in Section 21 of this PART.
RESPONSIBILITIES OF THE BOARD
1.
(6)
Subject to the provisions of the Act, the Board is responsible for:
(a)
Administering and enforcing the provisions of this By-law;
(b)
Administering and enforcing those provisions of the Act, where applicable;
and
(c)
In accordance with Section 21 (2) of the Act, establishing a schedule of fees
and charges for permits relevant to the Development Plan. Until all
applicable fees and charges have been paid in full, no action shall be taken
on any application.
AMENDMENTS
2.
(1)
Subject to the procedure required under the Act, an amendment may be initiated by
a resolution of intention by the Council, or by application of one or more owners of
the property or their agents within the area provided to be changed. An application
to amend the zoning by-law and all required information and fees as determined by
Council and in accordance with Section 21 of this PART shall be made to the
Council and submitted through the Development Officer.
(2)
Council shall notify the applicant in advance of the hearing, at which time it shall
hear all of the facts presented, and any representations by the applicant, study the
facts presented, make its findings and determination in writing and shall transmit a
copy thereof to the applicant. If Council approves the application, it shall proceed
with the adoption of the amendment in accordance with the provisions of the Act.
21
ADMINISTRATION
CONDITIONAL USE
3.
(1)
The development and execution of this By-law is based upon the division of The
Area into zones, within which zones the use of land and buildings and structures in
relation to the land are substantially compatible. It is recognized, however, that
there are certain uses deemed conditional uses which, because of their unique
characteristics, cannot properly be classified in any particular zone or zones without
consideration, in each case, of the impact of those uses upon neighbouring land and
of the public need for the particular use at the particular location;
(2)
An application for a conditional use shall be made to the Council and submitted
through the Development Officer and processed and approved or rejected in
accordance with the provisions of the Act;
(3)
The application shall be accompanied by a site plan and other data as the Council
may prescribe and such fees as determined by the Council in accordance with
Section 21 of this PART;
(4)
Where a use is classified as a conditional use under this By-law or amendments
thereto, and exists as a permitted use or conditional use at the date of the adoption
of this By-law or amendments thereto, it shall be considered as a legally existing
conditional use;
(5)
Any change in a conditional use shall be subject to the provisions of this Section
and the appropriate provisions of the Act; and
(6)
The approval of Council in accordance with the provisions of the Act shall expire
and cease to have any effect if it is not acted upon within twelve (12) months of the
date of the decision, unless it is renewed prior to the expiry date, at the discretion of
Council, for an additional period of twelve (12) months.
TEMPORARY USES
4.
(1)
Notwithstanding any provisions elsewhere contained in this By-law, the Council
may permit, subject to such terms and conditions as it may seem fit to impose, and
for a period of six (6) months which may be renewed by Council for not more than
two (2) successive periods, the temporary use of lands, buildings or structures
necessary for or incidental to construction purposes if, in Council's opinion, the
safety and health or sanitary conditions of property in the vicinity will not be
adversely affected thereby; and
(2)
The building shall not be used for human habitation except for a watchman or
caretaker on a temporary basis.
(3)
[A meteorological tower, used for climate research shall be allowed to be erected as
a temporary use, subject to Council's approval for a term not exceeding three (3)
22
ADMINISTRATION
years and subject to the pertinent provisions of this By-law concerning Wind
Turbine Generator Stations (WTGS) development found in PART IV RURAL
ZONES, clause (h) of Table IV-II and Section 6.(25).
If the meteorological tower is to remain in place after the maximum three (3) year
period it shall become a part of a (WTGS) through the approval process identified
in PART IV.](B/L 1460/05)
VARIATIONS
5.
(1)
Any person may apply for a variation order, in accordance with the provisions of
the Act; and
(2)
An application for a variation order and all required information and fees, shall be
filed with the Variation Board and submitted through the Development Officer.
DEVELOPMENT AGREEMENT
6.
Where an application is made for the amendment of this By-law, the Council may require
the owner or the person entitled to be registered as owner of the land, building or structure
to which the amendment shall apply, as a condition to its enactment, to enter into a
development agreement with the R.M. of Clanwilliam in respect of that land as well as
contiguous land owned or leased by the applicant. The provisions of said agreement shall
be in accordance with the Act.
THE DEVELOPMENT OFFICER
DUTIES
7.
(1)
The Board shall appoint a development officer, who on behalf of the R.M. of
Clanwilliam, may:
(a)
Issue a development permit where the development of land, buildings or
structures conforms to the adopted Development Plan and the requirements
of this By-law and amendments thereto, subject to the provisions of
subsection (2);
(b)
Enter any buildings or premises at all reasonable hours in the performance
of his duties with respect to this By-law;
(c)
Issue development permits for the temporary use of buildings, structures or
land pursuant to the provisions of this By-law;
(d)
Issue zoning memoranda or such other documents necessary for the
administration and enforcement of this By-law;
(e)
Allow or refuse such minor variations to the requirements of this By-law as
authorized by and in accordance with the provisions of the Act; and
23
ADMINISTRATION
(f)
Shall receive applications for amendments, variations and conditional uses.
7.
(2)
At the request of the Council or the Board, the Development Officer shall:
(a)
Defer approving an application for a development permit:
(i)
as provided for in the Act;
(ii)
which will result in a violation of this By-law, the Development
Plan or any By-law of the R.M. of Clanwilliam; or
(iii)
to any person who has failed to pay any fees due and owing to the
R.M. of Clanwilliam under this By-law.
DEVELOPMENT PERMIT
PERMIT REQUIRED
8.
(1)
The owner or his agent shall obtain all necessary permits as required by the
Council, Board and other government agencies.
WHEN REQUIRED
8.
(2)
(a)
An application for a development permit is required for the following:
(i)
The erection, construction, relocation or placement of buildings and
structures;
(ii)
The addition, enlargement, extension, structural alteration or
conversion of any building or structure;
(iii)
The use of vacant buildings and structures except in the case of land
used for farming activities;
(iv)
The change of use of land, buildings or structures from one
permitted or approved use to another permitted or approved use; and
(v)
The development of sand, gravel and mineral extraction operations.
(b)
Notwithstanding paragraph (a) above, development permits are not required
for the following:
(i)
Fences, flagpoles, statues or light standards; or storage buildings of
a maximum of 120 square feet in area; and
(ii)
Farm buildings and structures when located more than one hundred
and twenty-five (125) feet from a road allowance. However,
24
ADMINISTRATION
permits shall be required for farm buildings that exceed eight
hundred (800) square feet in area or the farm house or any dwelling.
All buildings and structures must still conform to the provisions of this
zoning by-law where applicable.
REQUIREMENTS
8.
(3)
In addition to the requirements of any By-law of the R.M. of Clanwilliam or any
other provincial regulations, all applications for a development permit shall:
(a)
Be accompanied by a plan, drawn to scale, showing the actual dimensions
and shape of the site to be built upon; the exact size and location on the site
of buildings already existing, if any, and the location and dimensions of the
proposed building, enlargement, extension or structural alterations and
existing or proposed use of buildings and land; and
(b)
Include such other information as required by the Council, or Board
including existing or proposed building or structural alterations; the number
and location of automobile parking spaces and loading spaces; landscaping,
road surfacing, signs, the number of families, dwelling units or rental units
the building is designed to accommodate; conditions existing on the site;
outside facilities for waste or sewage disposal, current copies of relevant
titles, easements, caveats; a surveyor's certificate prepared by a Manitoba
Land Surveyor, other special studies and such other matters as may be
necessary to determine conformance with and provide for the enforcement
of this By-law.
CONFORMITY
8.
(4)
(a)
No person shall erect, locate, repair, use, or occupy any building, land or
structure contrary to any development permit or the material furnished in
support of the application; and
(b)
No building or structure shall be moved in whole or in part to any other
location unless every portion of the building or structure is made to conform
to all the regulations of this By-law unless the relevant requirements may be
varied by a variation order pursuant to the provisions of the Act.
BUILDING PERMITS
PERMITS ISSUED PRIOR TO BY-LAW
9.
Unless otherwise provided for herein, building permits issued prior to the effective date of
this By-law or amendments hereto shall be considered valid for the purpose of this By-law
provided all the conditions under which the permit was issued are complied with.
25
ADMINISTRATION
NON-CONFORMITY
10.
(1)
"NON-CONFORMITY" means one, or a combination of one or more, of the
following:
(a)
A site or parcel of land;
(b)
A use of a building or structure;
(c)
A use of land; or
(d)
A sign;
which lawfully existed prior to the effective date of this By-law or amendments
thereto, but does not conform to the provisions contained within this By-law or
amendments thereto.
10.
(2)
Non-conformities are hereby classified as:
10.
(3)
"NON-CONFORMING USES" means any lawful use of building, structure or a
parcel of land, or portion thereof, which does not conform to one or more of the
applicable use regulations on the zone in which it is located, either on the effective
date of this By-law or amendments thereto.
10.
(4)
"A NON-CONFORMING SITE OR PARCEL OF LAND" means any lawful site
or parcel of land which does not comply with the site area, site width or site depth
on the effective date of this By-law, or amendments thereto, and was on record in
the Land Titles Office and in separate ownership prior to the effective date of this
By-law, or amendments thereto, and did not form part of a larger contiguous
holding in the same ownership.
10.
(5)
A "NON-CONFORMING SIGN" means any lawful sign, which does not comply
with one or more of the applicable zone bulk regulations on the effective date of
this By-law or amendments thereto.
10.
(6)
A non-conforming use and a non-conforming sign structure shall be regulated in
accordance with and subject to the provisions of the Act, unless otherwise provided
for herein.
10.
(7)
No building or structure may be erected on a non-conforming site or land unless:
(a)
The required yards are provided as set forth in the Bulk requirements of the
zone in which the parcel of land is located; or
(b)
Where a variation order for such yard requirements is granted.
26
ADMINISTRATION
10.
(8)
A "NON-CONFORMING SIGN" shall be subject to all the provisions of this
PART relating to non-conformities, except as provided hereafter:
(a)
A change in the subject matter represented on a sign shall not be considered
a change or use; and
(b)
A non-conforming sign may be structurally altered, reconstructed, or
replaced in the same location and position provided that such structural
alterations, reconstruction, or replacement does not result in:
(i)
the creation of a new non-conformity or an increase in the degree of
non-conformity;
(ii)
an increase in the sign surface area; or
(iii)
an increase in the degree of illumination.
EXISTING BUILDINGS AND STRUCTURES
11.
Where a building or structure has been erected prior to the effective date of this By-law or
amendments thereto, it shall be deemed to meet the Bulk Requirements of this By-law
regarding the existing legal yards of the site. Any enlargements or extensions to a building
or reconstruction of a building shall conform to the requirements of this By-law or as
varied.
INTERPRETATION AND APPLICATION
12.
(1)
In their interpretation and application, the provisions of this By-law shall be held to
be the minimum regulations to satisfy the intent and purpose as set forth herein.
RELATION TO OTHER BY-LAWS
12.
(2)
Whenever provisions of any By-law of the R.M. of Clanwilliam or any other
regulation of the Provincial or Federal Government impose overlapping or
contradictory regulations over the use of land or buildings or bulk requirements or
contain any restrictions covering any of the same subject matter contained herein,
the most restrictive or highest regulation shall govern.
PREVIOUS VIOLATIONS
12.
(3)
Unless otherwise provided for herein, an existing building, structure or use which
was illegal under the provisions of any planning scheme or zoning by-law in force
on the effective date of this By-law and amendments thereto shall not become or be
made legal solely by reason of the adoption of this By-law; and to the extent that,
and in any manner that, said illegal building, structure or use is in conflict with the
requirements of this By-law, said building, structure or use remains illegal
hereunder.
27
ADMINISTRATION
SITE REDUCED
12.
(4)
A site area or site width or required yard reduced below the minimum requirements
of this By-law by virtue of a public works, street or public utility shall be deemed to
conform to the requirements of this By-law.
VARIATION ORDER OR SPECIAL EXCEPTION PRIOR TO BY-LAW
12.
(5)
A building or structure or use established by a variation order or special exception
prior to the coming into force of this By-law shall be subject to the provisions of the
variation order or special exception.
RETENTION OF BULK REGULATIONS
12.
(6)
It shall be continuing obligation of the owner to maintain the minimum site area,
site width, site depth, yards and other open spaces required herein for any use as
long as it remains in existence. Furthermore, the minimum site area, site width, site
depth, yards and other open spaces allocated to a use as per requirements of this
By-law shall not by virtue of change of ownership, or for any other reason, be used
to satisfy the minimum site area, site width, site depth, yards and other open space
requirements for any other use on another site.
FUTURE ROAD ALLOWANCE DEEMED EXISTING
13.
No building or structure shall be erected upon any land designated for a said future road
allowance. Any development adjacent to said future road allowance shall comply with the
requirements of the By-law as if the said future road allowance was already in existence.
PUBLIC UTILITIES AND SERVICES
14.
Nothing in this By-law shall be so interpreted as to interfere with the construction,
maintenance and operation of the facilities of any public utility, as defined by this By-law,
or public service such as police and fire protection, provided that the requirements of such
public utility or public service are of a standard compatible with the adjacent area as
determined by the Council or the Development Officer, and that any building or structure
erected in any zone complies with the required yard and area requirements applicable to the
zone. Setbacks from public utilities, where required, shall be recommended by the public
utility and maintained by adjacent land uses, if approved by the Council.
MONUMENTS AND STATIONARY
15.
Nothing in this By-law shall be so interpreted as to interfere with the maintenance or
erection of monuments, statuary, and similar structures.
28
ADMINISTRATION
ENFORCEMENT
16.
The enforcement of this By-law, or any Development Plan, resolution or Order enacted by
the Council or Board under the Act or any regulation made thereunder shall be in
accordance with the Act.
PRIVATE, LANE OR ROAD FRONTAGE
17.
Where it shall deem fit, the Council may permit a use of land or buildings to be constructed
upon parcels having frontage on a private lane or road provided that said lane or road
intersects with a street.
THROUGH SITE - MAY BE TWO SITES
18.
A through site having a depth of two hundred (200) feet or more may be assumed to be two
sites with the rear line of each approximately equidistant from the front site lines, provided
all area and yard requirements are complied with.
BUILDING GRADE
19.
All new principal buildings shall have a ground surface elevation as approved by the
Development Officer.
DUTIES OF THE OWNER
20.
(1)
Neither the granting of a development permit nor the approval of the drawing and
specifications nor inspection shall in any way relieve the owner of the responsibility
of complying with the requirements of this By-law or of any relevant By-laws of
the R.M. of Clanwilliam.
20.
(2)
Every owner shall:
(a)
Permit the Development Officer or any other duly appointed officer of the
Municipality to enter any building or premises at any reasonable time for
the purpose of administering or enforcing this By-law and shall not molest,
obstruct or interfere with the said Officer in the discharge of his duties
under this By-law;
(b)
After the development application has been approved and the permit issued,
obtain the written approval of the Development Officer before doing any
work at variance with the approved documents filed; and
(c)
Be responsible for obtaining, where applicable, from the appropriate
authorities, permits or licenses relating to the buildings, grades, sewers or
water supply systems, plumbing, signs, blasting, street, occupancy,
electrical, highways, and all other permits required in connection with the
proposed work.
29
ADMINISTRATION
FEE SCHEDULE
21.
(a)
Council, in accordance with the Act, shall by By-law establish a fee
schedule for variations, zoning amendments, zoning memorandum,
conditional use orders and non-conforming certificates and other
appropriate documents; and
(b)
The Planning District Board shall by By-law establish a fee schedule for
development permits, zoning appeal hearings and other appropriate
documents or services.
SUBDIVIDING LAND
22.
No land shall hereafter be divided into sites, unless each site conforms with the bulk
regulations of the zone in which the land is located.
LANDS SUBJECT TO PERIODIC FLOODING
23.
(a)
Permanent buildings shall not be located within meander loops of
watercourses, which may be subject to cut-offs by erosion or channel
improvements within fifty (50) years.
(b)
Permanent buildings shall be setback from all permanent watercourses a
distance of at least ten (10) times the height of the bank above channel
grade or 200 feet from the bank, whichever is greater.
(c)
These limits in (a) and (b) above may be modified by the Council in
accordance with advice by a qualified engineer and/or recommendations
from government agencies.
(d)
Development of any structure or use such as but not limited to the following
shall not be permitted in those areas described in subsections (b) and (c) of
this Section which would, in the opinion of the Council, be potentially
hazardous and endanger life and property:
(i)
structures intended for human habitation;
(ii)
structures associated with high flood damage potential;
(iii)
structures not connected with permitted agriculture and recreational
open space uses;
(iv)
structures that may materially affect flood stages; and/or
(v)
structures used for storage of hazardous materials that are buoyant,
flammable, explosive or may be injurious to human, animal or plant
life.
30
ADMINISTRATION
(e)
All permanent structures shall be located on lands which have been raised
by fill to an elevation at least two (2) feet above the 100 year flood level and
proposed sewerage servicing have been approved.
PROTECTION OF WATER BODIES
25.
(a)
A buffer strip of natural vegetation at least one hundred (100) feet wide
from the ordinary high water mark on each side shall be maintained along
permanent watercourses and lakes, unless otherwise determined by Council.
(b)
The minimum setback requirements from waterbodies and drainageways for
septic fields, livestock production operations, waste disposal grounds and
sewage lagoons shall be determined by Council upon recommendations
from the Health Inspector and any other authority that Council may wish to
involve except as otherwise herein stated.
(c)
The Council or the Board may require a developer to, submit evidence
prepared by a qualified engineer to support an application for development
near water bodies. Such evidence may include, but not be limited to,
evaluation of erosion, bank stability, design of flood stages and velocities.
The results of this evidence shall be used in determining the setback from
the water body to the structure or for clearing purposes.
(d)
The Council or the Board may require any land developer to submit
evidence prepared by a soils expert to support an application for land
improvement, including clearing of trees, near a water course in order to
obtain approval from the Council or Board.
31
ZONES
PART III - ZONING
ZONES
1.
In order to carry out the intent and purpose set forth in subsection (4) of Section 1 of PART
II, ADMINISTRATION, the following zones are hereby established in the Area:
(1)
"A80" General Agricultural Zone;
(2)
"RR" Rural Residential Zone;
(3)
"SR" General Seasonal Recreation Zone;
(4)
"SRR" Seasonal Recreation Residential Zone;
(5)
"CH" Highway Commercial Zone.
ZONING MAPS
2.
(1)
The location and the boundaries of the zone listed in Section 1 above are shown
upon a series of Zoning Maps attached hereto; marked as APPENDIX "A" to this
By-law. All notations, references and other information shown thereon, together
with any amendments made by amending By-laws from time to time and shown
thereon, together with any amendments to boundaries in the case of any street, lane
or public utility right-of-way closing, as provided in Section 3 of this PART, shall
be as much a part of this By-law as if the matters and information set forth by the
said Zoning Maps were fully described herein.
2.
(2)
The scale and all dimensions of the Zoning Maps are in feet.
2.
(3)
All plan references on the Zoning Maps pertain to registered plans filed in the
Neepawa Land Titles Offices.
2.
(4)
The abbreviations noted on the Zoning Maps and in the By-law text mean the
following:
(a)
"SS" means Special Survey;
(b)
"L" means Lake;
(c)
"Rge." means Range;
(d)
"R.M. of Clanwilliam" means the Rural Municipality of Clanwilliam;
(e)
"Sec." means Section;
(f)
"Twp." means Township;
(g)
"W.P.M." or "W" means West of the Principal Meridian;
(h)
"CNR" means Canadian National Railway;
(i)
"Sq." means Square;
(j)
"Ft." means Foot;
(k)
"%" means Percentage.
32
ZONES
INTERPRETATION OF ZONE BOUNDARIES
3.
(1)
In the interpretation of the boundaries of the zones as shown on the Zoning Maps,
the following rules shall apply:
(a)
Double heavy broken lines represent the zoning map boundary. Single
heavy broken lines represent zone boundaries. Where the zone boundary is
broken by the name of a street, it shall be construed that the boundary
continues through the name of a street. Where the limit of a zone boundary
and the zoning map is co-terminus, the zoning map limit shall constitute the
limits of the zone boundary;
(b)
Notwithstanding that streets, lanes and public utility rights-of-way may be
within zone boundaries, the regulations contained in this By-law shall not
be deemed to be applicable to said streets, lanes and public utility rights-of-
way;
(c)
Boundaries indicated, as following the centrelines of streets, highways or
lanes shall be construed to follow such centre lines;
(d)
Boundaries indicated as following lot, site or property holding lines on a
registered plan shall be construed as following such lot, site and property
holding lines;
(e)
Boundaries indicated as following the Corporate limits of the Rural
Municipality limits shall be construed as following the Corporate limits of
the Rural Municipality;
(f)
Boundaries indicated as following the centre lines of railway lines or
railway rights-of-way or public utility lines or rights-of-way shall be
construed to be midway between the main tracks or the centre of the right-
of-way, as the case may be; and
(h)
If a street or lane or Government Road Allowance shown on the Zoning
Map is lawfully closed, the land formerly comprising the street or lane or
Government Road Allowance shall be included within the zone of the
adjoining land. If the said street, lane or Government Road Allowance was
a zone boundary between two or more different zones, the new zone
boundary shall be the former centerline of the closed street or lane or
Government Road Allowance.
CROWN LAND
4.
(1)
If Crown land located within the municipality is lawfully sold or leased to a private
individual or business, the land shall be subject to the provisions of this zoning by-
law. Federal Government owned lands are not subject to the requirements of this
Zoning By-law.
33
RURAL ZONES
PART IV - RURAL ZONES
INTENT AND PURPOSE
1.
The Rural Zones established in this By-law are intended to provide sufficient land for
various types of rural development in The Area in keeping with the provisions of the
Development Plan.
ZONES
2.
In order to carry out the intent and purpose of section 1 above, there are hereby established
in The Area the following zones:
2.
(1)
"A80" GENERAL AGRICULTURAL ZONE
The "A80" General Agricultural Zone primarily provides for a full range of agro-
rural activities and development;
2.
(2)
"RR" RURAL RESIDENTIAL ZONE
This zone primarily provides for a rural living opportunity in a non-farm residential
area.
2.
(3)
"SR" GENERAL SEASONAL RECREATION ZONE
The "SR" General Seasonal Recreation Zone primarily provides for a full range of
recreational development, which is compatible with existing development and
compatible with the natural environment.
It is intended that the primary recreational function of the Zone will be
complimented by those commercial uses deemed essential to such development.
2.
(4)
"SRR" SEASONAL RECREATION RESIDENTIAL ZONE
This zone is primarily the same as the "SR" Seasonal Recreation Zone except
certain uses are excluded such as but not limited to mobile homes and
campgrounds.
2.
(5)
"CH" HIGHWAY COMMERCIAL ZONE
This "CH" Highway Commercial Zone primarily provides land for those businesses
requiring large sites, serving the motoring public and requiring direct access to a
highway.
34
RURAL ZONES
APPLICATION OF BY-LAW TO RURAL ZONES
3.
The provisions applying to the RURAL ZONES are contained within this PART. Also
applying to these zones are the provisions of PART I - "DEFINITIONS", PART II -
"ADMINISTRATION", and PART III - "ZONING" and "APPENDIX A".
USE REGULATIONS
CONDITIONAL USE
4.
(1)
Any use listed as a "CONDITIONAL USE" in TABLE IV - I, shall comply with
the regulations set forth in section 3, PART II, ADMINSTRATION.
ACCESSORY USES, BUILDINGS AND STRUCTURES
4.
(2)
In the Rural Zones, accessory uses, buildings or structures shall be limited to the
following:
(a)
Farm dwellings, to include a single-family dwelling or a mobile home when
on the same site with a permitted or conditional agricultural use;
(b)
A dwelling unit or mobile home for a watchman or caretaker and his family
whose presence on a highway commercial site is essential at all times, in
Council's opinion;
(c)
Staff dwelling, to include a single-family dwelling, two-family dwellings,
dormitory, and mobile home when one the same site with permitted or
conditional uses where, in the opinion of the Council, said dwelling is
essential for the maintenance, operation and care of the permitted or
conditional use;
(d)
Buildings or structures accessory and incidental to a permitted or
conditional seasonal recreation use, excluding guest houses;
(e)
Buildings or structures for the operation and maintenance of a permitted or
conditional use;
(f)
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 or
provincial regulations;
(g)
A private garage, carport, covered patio, toolhouse, boathouse, shed, and
other similar buildings for the storage of domestic equipment and supplies
and private swimming pools;
(h)
Incinerators and individual sewage disposal systems, subject to the authority
having jurisdiction;
35
RURAL ZONES
(i)
Home Occupations in the "A80" General Agricultural Zone, the "RR" Rural
Residential Zone and the "CH" Highway Commercial Zone;
(j)
Accessory off-street parking area as required and regulated in Section 6 (17)
of this PART;
4.
(2)
(k)
Clubhouses and other related recreational structures on the grounds of
private clubs, gold courses, and other like permitted or conditional
recreational facilities;
(l)
Aircraft landing strips and related storage facilities which are necessary to
farm operation;
(m)
In mobile home parks, cottage subdivisions and campgrounds, the accessory
buildings, uses, and structures required to serve the development may also
include:
(i)
a storage compound;
(ii)
recreation facilities and appertaining structures; and
(iii)
service building to house water pumps and other service facilities.
(n)
Residential Care Facilities in the "A80" General Agricultural Zone and the
Rural Residential Zone for eight or fewer children who are under the care of
a child caring agency as defined by the Child Welfare Act or for four or
fewer adults who may be post mentally ill, mentally retarded or otherwise
developmentally delayed;
(o)
Parabolic television antenna;
(p)
Accessory Signs.
USES PERMITTED
4.
(3)
No land shall be used or occupied and no building or structure shall be erected,
altered, relocated, used or occupied hereinafter for any use in any RURAL ZONE
in which such land, building or structure is located other than a use listed on
TABLE IV - I, "RURAL USE TABLE", with the following exception:
(a)
Uses lawfully established prior to the effective date of this By-law.
36
RURAL ZONES
RURAL ZONES USE TABLE IV - I
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"A80"
"RR"
"SR"
"SRR"
"CH"
Accessory Use, Buildings, and Structures (See
Section 4(2) of this PART)
P
P
P
P
P
Agricultural Specialized Uses:
Apiculture
P
-
-
-
-
Commercial Greenhouses
P
-
-
-
-
Market Gardening
P
-
-
-
-
Nurseries
P
-
-
-
-
Agricultural General Uses, such as but not
limited to the following:
Field Crops (e.g. grains, vegetables, oil
seeds)
Livestock Production Operations (except
as found in Section 6.(9).(10) and (11)
of this PART)
Tame and Native Forage Production
Vacation Farm
P
-
-
-
-
P
-
-
-
-
P
-
-
-
-
P
-
-
-
-
Agricultural Implement Sales and Service
-
-
-
-
P
Agricultural Supplies Stores
-
-
-
-
P
Aircraft Landing Strips (licensed) and Related
Storage Facilities
C
-
C
-
-
Anhydrous Ammonia, Liquid and Solid
Fertilizer and Chemical Stationary
Storage and Sales
C
-
-
-
C
Auction Mart
C
-
-
-
P
Automobile Service Stations
-
-
-
-
P
Automobile Trades
-
-
-
-
P
Automobile Wrecking Establishments
C
-
-
-
-
Batch Concrete Plant
C
-
-
-
C
Bulk Propane, Sales and Storage
-
-
-
-
P
Bulk Fuel and Non-hazardous Solid and
Liquid Fertilizer, Sales and Storage
C
-
-
-
P
Bus Terminal
-
-
-
-
P
Café and Coffee Shops, when in combination
with another permitted or conditional use
-
-
-
-
P
Campgrounds (See Section 6(18) of this
PART)
-
-
C
-
-
Cemeteries
P
-
-
-
-
Churches, Church Halls
P
P
P
P
-
Cottage Dwellings
C
-
P
P
-
Commercial Resorts
-
-
C
-
-
37
RURAL ZONES
RURAL ZONES USE TABLE IV - I
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"A80"
"RR"
"SR"
"SRR"
"CH"
[Communication Towers](B/L 1460/05)
C
-
-
-
-
Community Halls and Rinks
P
P
P
P
-
Conference Centres
C
-
P
-
C
Drive-In Uses where persons are served in
automobiles, such as refreshment stands,
fast food restaurants and the like, except
Drive-In Theatres
-
-
-
-
P
[Dude Eco-Ranch
C
-
-
-
-]
(B/L
1476/09)
Existing Uses legally established prior to the
adoption of this By-law except Non Farm/
Residential, and cottages
P
P
P
P
P
Existing Legally established Rural Non-Farm
Single-Family Dwellings (includes cottage
dwelling)
C
P
P
P
C
Exhibition Grounds including race tracks
C
-
-
-
-
Game Farms
C
-
-
-
-
General Store and Post Office
C
C
P
-
P
Golf Course
P
-
P
P
-
Grain Elevators and Vegetable Storage
Buildings
P
-
-
-
-
Group Camps (such as Church, 4H,
Boy Scouts, Girl Guides) and like establish-
ments
C
-
P
-
-
Historical Sites
P
P
P
P
P
Hunting and Fishing Lodges and Boating
Clubs
C
-
C
-
-
Kennels and Animal Clubs
C
-
-
-
-
Marina
-
-
P
C
-
Miniature Golf Courses
-
-
C
-
P
Motels
-
-
-
-
P
Mobile Home Parks
-
-
P
-
-
Mobile Home for Seasonal Use
C
-
P
-
-
Public Utilities and Buildings (see PART II
Section 14)
P
P
P
P
P
Public Reserves
P
P
P
P
P
Recreational Courses and Trails
P
P
P
P
-
Rendering Plants, Abattoirs
C
-
-
-
-
38
RURAL ZONES
RURAL ZONES USE TABLE IV - I
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"A80"
"RR"
"SR"
"SRR"
"CH"
Ready-to-move and building construction
establishments
-
-
-
-
C
Residential Care Facilities
C
C
-
-
-
Restaurants
-
-
-
-
P
Riding Academies (except as found in
Section 6(9), (10) and (11) of this PART)
P
-
C
-
-
Rural Non-Farm Single-Family Dwellings
including Mobile Homes
C
P
-
-
-
Sand, Gravel and Mineral Extraction
Operations
C
-
-
-
-
Seed Plants
C
-
-
-
-
Service Shops
-
-
-
-
P
Sewage Disposal Lagoons
C
-
-
-
-
Signs (see Section 6.(16) of this PART)
P
P
P
P
P
Signs, Advertising (see Section 6.(16) of this
PART)
C
-
C
-
C
Truck Terminals
-
-
-
-
P
Veterinary Clinics
P
-
-
-
P
Waste Disposal Grounds
C
-
-
-
-
Well Drilling establishments
C
-
-
-
P
[Wind
Turbine
Generator
Stations
(WTGS)(See Table IV-II and Section 7(14) of
this PART IV)[(B/L 1460/05)
C
-
-
-
-
Research Management Area
C
-
-
-
-
BULK REGULATIONS
5.
(1)
The "A80" General Agricultural Zone bulk regulations shall be as set forth in
TABLE IV - II, "A80" GENERAL AGRICULTURAL BULK TABLE and
following Sections.
(2)
The Rural Residential Zone bulk regulations shall as set forth in TABLE IV - III,
"RR" RURAL RESIDENTIAL BULK TABLE and following Sections.
(3)
The General Seasonal Recreation Zone and Seasonal Recreation Residential Zone
bulk regulations shall be as set forth in TABLE IV - IV, "SR" GENERAL
SEASONAL
RECREATION
and
"SRR"
SEASONAL
RECREATION
RESIDENTIAL BULK TABLE and following Sections.
39
RURAL ZONES
(4)
The Highway Commercial Zone bulk regulations shall be as set forth in TABLE IV
- V, "CH" HIGHWAY COMMERCIAL BULK TABLE and following Sections.
"A80" GENERAL AGRICULTURAL BULK TABLE IV-II
PERMITTED
OR
CONDITIONAL USES
REQUIREMENTS(e)
MINIMUM
Site
Area
(acres)
Site
Width
(ft.)
a
Front
Yard
(ft.)
a
Side
Yard
(ft.)
a
Rear
Yard
(ft.)
Accessory Uses, Buildings and Structures (see
Section 6.(2) and 6.(16) of this PART)
125
25
25
Aircraft Landing Strips (licensed) and Related
Storage Facilities (b)
125
75
75
Agricultural Specialized Uses (e)
20
300
125
25
25
[Agricultural General Uses and Livestock
Production Operations including Riding Academies,
Vacation Farms and Game Farms
80(d)(f)
1000
125
125
125](B/L
1432/98
Anhydrous Ammonia, Sales and Storage
5
300
300
75
75
Bulk Fuel and Liquid and Solid Fertilizer
Commercial Sales and Storage
2
200
125
50
50
Automobile Wrecking Establishments including
storage of automobiles, Batch Concrete Plant,
Campgrounds
5
200
125
25
25
Cemeteries, Churches and Church Halls,
Community Halls and Rinks
2
200
125
25
25
[Communication Tower(g)](B/L 1460/05)
5
400
125
125
125
[Dude Eco-Ranch (i)(j)
80(d)(f)
1000
125
125
125](B/L
1476/09)
Exhibition Grounds
10
300
125
50
50
General Stores and Post Offices
2
200
125
25
25
Golf Courses
50
575
125
25
25
Grain Elevators
2
200
125
25
25
40
RURAL ZONES
"A80" GENERAL AGRICULTURAL BULK TABLE IV-II
PERMITTED
OR
CONDITIONAL USES
REQUIREMENTS(e)
MINIMUM
Site
Area
(acres)
Site
Width
(ft.)
a
Front
Yard
(ft.)
a
Side
Yard
(ft.)
a
Rear
Yard
(ft.)
Group Camps
10
200
125
25
25
Historical Sites
10,000
sq.ft.
50
125
10
10
Hunting, Fishing and Boating Clubs
10
300
125
50
50
Kennel and Animals Clubs
2
150
125
50
50
Other Permitted and Conditional Uses
5
200
125
25
25
Public Picnic Areas, Parks and related Recreational
Activities
2
200
125
25
25
Public Utilities and Services
20,000
sq.ft.
100
125
25
25
Rendering Plants, Abattoirs
2
200
125
50
50
Residential Care Facilities Rural Non-Farm Single-
Family Dwelling, Mobile Homes, and Cottages (c)
2
200
125
25
25
Sand, Gravel and Mineral Extraction Operations
Seed Plants
2
200
125
25
25
Sewage Disposal Lagoons
3
300
125
50
50
Veterinary Hospitals
2
150
125
50
50
Waste Disposal Grounds
5
300
125
50
50
[Wind Turbine Generator Station (h)](B/L 1460/05)
7
550
(h)
(h)
(h)
[Explanations and Exceptions to the Bulk Requirements of Table IV - II are as follows:
(a)
(i)
Setback provisions pertain to buildings, structures, hedges and
shelterbelts only.
(ii)
Where buildings and structures are adjacent to a Government Road
Allowance, the minimum setback shall be one hundred and twenty-
41
RURAL ZONES
five (125) feet or as required in the Table, except for shelter belts
where the minimum setback shall be seventy-five (75) feet or for
signs as provided for elsewhere herein.
(iii)
Setback for Buildings, structures or hedges from provincial roads,
provincial trunk highways and their centers of intersections shall be
in accordance with the Highway Protection Act and the Highway
Department Act or as varied from time to time.
(b)
Notwithstanding anything in this PART, the aircraft landing strips and
related storage facilities shall be subject to Transport Canada requirements
where applicable.
(c)
The minimum dwelling unit floor area shall be four hundred fifty (450)
square feet.
(d)
The minimum site area shall be eighty (80) acres or two (2) legal
subdivisions, which butt each other.
(e)
Council may require the applicant to submit a physical and economic
proposal for the agricultural specialized use.
(f)
For all livestock productions operations producing 75 animal units (A.U.) or
more, or where a conditional use is required, the minimum suitable land
base required for livestock manure disposal shall be based on the number
and types of animals, soil conditions, general crops grown and the method
of manure management, in accordance with the provisions of the Manitoba
Farm Practices Guidelines for Livestock Producers. This land shall be
provided and in no case shall the land base for the operation, be less than
required in Table IV-II. This land base must be owned by the producer or
obtained through an agreement between the producer and other
landowner(s). A copy of this agreement shall be submitted to the Council
prior to initiation of the operation and from then on as required by
Council.](B/L 1432/98)
[(g)
A communication tower shall be separated by a distance of one and one
half (1.5) times the maximum height of the structure from a dwelling or
mobile home.
(h)
Each wind turbine generator station (WTGS) site shall be used for the
location of the wind turbine generator tower(s) and/or the associated
buildings and infrastructure. This is the principal use of the (WTGS) site
and it shall be limited to a maximum site area of 160 acres. The land within
the (WTGS) site that is not used for the facility may be used for compatible
agricultural activities provided provisions of this by-law are maintained.
All Wind Turbine towers and accessory uses shall have the following
minimum yard and separation distance requirements:
42
RURAL ZONES
Yards:
i.
All tower yards shall be one (1) times the total height of the tower
plus rotor from any other titled property boundary, including the
boundary of a railway right-of-way. Note exception, this setback
distance with respect to the title property lines shall be reduced to
one half (0.5) the height of the tower plus rotor for wind turbines
located within a (WTGS) where the property line(s) nearest to any
given wind turbine define and separate properties belonging to the
same landowner with a lease of the same type and duration,
ii.
All tower yards shall be one (1) times the total height of the tower
plus rotor from all government road allowances, any other public
road and Provincial roads. The location of these towers within
greater control areas than one (1) times the height, adjacent to
Provincial Trunk Highways and Provincial Roads, shall be subject
to the approval of the Province.
iii.
All tower yards that do not coincide with a title property boundary
or road allowance shall be 135 feet in depth.
iv.
All accessory uses yards (front, side and rear) associated with the
(WTGS) shall be 135 feet in depth.
Separation Distances:
a.
The tower base shall be one and one half (1.5) times the total height
of the tower plus rotor from dwellings associated with the (WTGS),
b.
The tower base shall be one (1) times the total height of the tower
plus rotor from non-dwelling principal structures.
c.
The tower base shall be one quarter mile (1320 feet) from all
dwellings or other habitable buildings (e.g. motel) not associated
with the (WTGS),
d.
The tower base shall be one half mile (2640 feet) from an urban area
(Erickson), a "RR" rural residential zoned area or a "SR" seasonal
recreation zoned area (Otter Lake and Gertrude Lake).](B/L
1460/05).
[(i)
A dude eco-ranch shall be subject to the site provisions found in PART IV -
RURAL
ZONES
-
GENERAL
PROVISIONS
Section
6.(15)
COMMERCIAL RESORT, CONFERENCE CENTER DEVELOPMENT
AND PLANNNED UNIT DEVELOPMENT PROVISIONS.
43
RURAL ZONES
(j)
A site plan for the cabin locations must be submitted to Council for their
consideration and approval prior to issuance of a Development Permit. The
development shall have approved sewage systems and provide a potable
water supply for all cabins.](B/L 1476/09)
"RR" RURAL RESIDENTIAL BULK TABLE IV-III
PERMITTED
OR
CONDITIONAL USE
REQUIREMENTS
MINIMUM
Site
Area
(acres)
Site
Width
(ft.)
b
Front
Yard
(ft.)
b
Side
Yard
(ft.)
b
Rear
Yard
(ft.)
Accessory Uses, Buildings and Structures (a) (See
also Section 6.(2) and 6.(19) of this PART
75
30
30
Church and Church halls
2
150
75
50
50
General Store and Post Office
2
200
75
30
30
Historical Site
10,000
sq.ft.
50
30
30
30
Public Utilities and Buildings
5,000
50
30
15
30
Playgrounds
1
100
75
30
30
Residential Care Facilities
5
200
75
50
50
Rural Non-farm Single-Family Dwelling (c)
2
200
75
30
30
Other Permitted and Conditional Uses
1
100
75
30
30
Explanations and Exceptions to the Bulk Requirements of Table IV - III are as follows:
(a)
An accessory building or structure for the housing of animals shall have a
minimum separation from any dwelling of two hundred (200) feet
excluding the owner's dwelling. The keeping of animals for purposes other
than commercial production shall be permitted providing that animal waste
production does not exceed 0.75 Livestock Waste Units per (2) acres of
sites and that compliance is made with all Public Health Regulations. The
maximum number of Livestock Waste Units produced on a Country
Residential site shall be five (5).
44
RURAL ZONES
(b)
(i)
Where buildings, structures are adjacent to a Government Road
Allowance, the minimum setback shall be one hundred and twenty-
five (125) feet except where the Government Road Allowance is
part of a Development and then Table IV - III shall apply or as
provided elsewhere herein for signs. Shelter belts shall have a
minimum setback of seventy-five (75) feet.
(ii)
Setbacks for buildings, structures and hedges from provincial roads,
provincial trunk highways and their centers of intersections shall be
in accordance with the Highway Protection Act and the Highway
Department Act or as varied from time to time.
(c)
The minimum dwelling unit floor area shall be six hundred (600) square
feet for a rural non-farm dwelling.
"SR" GENERAL SEASONAL RECREATION ZONE & "SRR" SEASONAL RECREATION
RESIDENTIAL ZONE BULK TABLE IV-IV
PERMITTED
OR
CONDITIONAL
USES
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq.ft.)
Site
Width
(ft.)
a
Front
Yard
(ft.)
a
Side
Yard
(ft.)
a
Rear
Yard
(ft.)
Site
Coverage
(%)
interior
corner
Accessory
Uses, Buildings and
Structures (See also
Section 6.(2) and 6.(19)
of this PART)
f
5
10
5
10
Aircraft Landing Strips
(licensed) and Related
Storage Facilities
b
b
125b
75b
100b
75b
N/A
Campgrounds
4
acres
200
125
25
30
25
N/A
Church and Church Halls
2
acres
200
75
25
30
25
55
Cottages dwellings and
mobile homes (e)
Serviced site
Unserviced site
6,000
15,000
60
75
30
30
10c
20
20
20
25
25
30
40
Commercial Resort (e)(d)
5 acres
300
75
20
20
25
25
Conference Centres (d)
5 acres
200
75
20
20
25
60
Community
Halls
and
Rinks
2 acres
200
75
25
30
25
45
45
RURAL ZONES
"SR" GENERAL SEASONAL RECREATION ZONE & "SRR" SEASONAL RECREATION
RESIDENTIAL ZONE BULK TABLE IV-IV
PERMITTED
OR
CONDITIONAL
USES
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq.ft.)
Site
Width
(ft.)
a
Front
Yard
(ft.)
a
Side
Yard
(ft.)
a
Rear
Yard
(ft.)
Site
Coverage
(%)
interior
corner
Golf Courses
50
acres
575
125
15
15
25
N/A
Group Camps (d)
5 acres
200
75
20
20
25
60
Hunting
and
Fishing
Lodges & Boating Clubs
5 acres
200
75
20
20
25
60
Mobile Home Parks
5 acres
300
30
30
30
20
N/A
Mobile Home Parks
Spaces
Serviced
Unserviced
6,000
15,000
50
65
20
30
8c
8c
15
15
10
25
35
50
Picnic Areas, Parks,
Playgrounds, Tot-lots,
Recreation Facilities
21,000
100
30
20
30
25
N/A
Public Utilities and
Buildings
5,000
50
30
15
20
20
20
Riding Academies
40
acres
660
125
50
50
50
N/A
Other Permitted or
Conditional Uses Listed
15,000
65
30
5d
15
25
50
Explanations and Exceptions to the Bulk Regulations of Table IV - IV are as follows:
(a)
(i)
Where buildings and structures are adjacent to a Government
Allowance, the minimum setback shall be one hundred and twenty-
five (125) feet except where the Road Allowance forms part of the
Development or as provided for elsewhere herein for signs.
(ii)
Setbacks for buildings, structures or hedges from provincial roads,
major provincial highways and their centers of intersection shall be
in accordance with the Highway Protection Act and the Highways
Department Act or as varied from time to time.
(b)
Notwithstanding anything in this PART, the licensed aircraft landing strips
shall be subject to Transport Canada requirements where applicable. All
buildings and structures, when being located in close proximity to licensed
aircraft landing strips, shall be governed by the recommended Transport
Canada regulations.
46
RURAL ZONES
(c)
On that side of the mobile home containing the main entrance and/or
window to the living room, the required side yard minimum shall be twenty
(20) feet.
(d)
The minimum floor area per dwelling unit area shall be four hundred (400)
square feet for cottages and rental cabins and three hundred (300) square
feet for rental multi-dwelling unit buildings.
(e)
The minimum floor area per dwelling unit shall be four hundred and fifty
(450) square feet.
(f)
The minimum required front yard shall be the same as the main building.
HIGHWAY COMMERCIAL BULK TABLE IV-V
PERMITTED OR
CONDITIONAL USES
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq.ft.)
Site
Width
(ft.)
(a)
Front
Yard
(ft.)
(a,b,d)
Side
Yard
(ft.)
(a)
Rear
Yard
(ft.)
Site
Coverage
(%)
Accessory Uses, Buildings and
Structures (c)(See also Section
6.(19) of this Part)
40
10
10
10
Agricultural Implement Sales
and Services
40000
150
40
10
10
70
Agricultural Supplies Stores
25000
150
40(f)
30(f)
30(f)
35
Auction Market
Automobile Service Stations
Automobile Trades
Bulk Fuel non-hazardous
Solid and Liquid Fertilizer
Sales and Storage
Bulk Propane Sales and
Storage
Bulk Propane Sales and
Storage
Bus Terminal
Drive-In Uses, e.g. Fast Food
Restaurants
Miniature Golf Courses
Motels (e)(g)
43560
150
40
20
20
45
Public Utilities and Services
5000
50
40
10
10
30
Truck Terminals
80000
150
40
10
10
70
Other Permitted and
Conditional Uses
15000
100
40
10
10
45
47
RURAL ZONES
Explanations and Exceptions to the Bulk Requirements of Table IV - V are as follows:
(a)
(i)
Where buildings and structures are adjacent to a Government Road
Allowance, the minimum setback shall be one hundred and twenty-
five (125) feet or as varied, except where the Government Road
Allowance forms part of the Development or as provided for
elsewhere herein for signs.
(ii)
Buildings, structures and hedges adjacent to provincial roads, major
provincial trunk highways and their centres of intersections shall
have a setback in accordance with the Highway Protection Act and
the Highway Department Act or as varied.
(b)
In the case of a reversed corner site, there shall be a minimum side yard of
thirty (30) feet on the street side of the reversed corner site. When the
required yard is greater than thirty (30) feet, the greater yard shall apply.
(c)
Where a dwelling unit is an accessory use, the minimum site area shall be
fifteen thousand (15,000) square feet.
(d)
The minimum required side yard shall be twelve (12) feet if the site is
unserviced. Where the required yard is greater than twelve (12) feet, the
greater yard shall apply.
(e)
The minimum floor area per dwelling unit shall be three hundred (300)
square feet for rental cabins and three hundred (300) square feet for
seasonal rental multi-unit buildings.
(f)
Gasoline pumps shall have a required front, side and rear yard of twenty
(20) feet. Bulk propane tanks shall have a required setback from all
buildings and site lines as regulated by the Department of Labour. Fuel oil
dispensing tanks shall have a required front, side and rear yard of twenty
(20) feet.
(g)
First five (5) motel units require forty-three thousand and five hundred and
sixty (43,560) square feet plus one thousand (1,000) square feet for each
additional motel unit.
GENERAL PROVISIONS
INTENT
6.
(1)
The following provisions shall apply to all Rural Zones except wherein otherwise
provided:
48
RURAL ZONES
ACCESSORY BUILDINGS AND USES PERMITTED
6.
(2)
Accessory buildings, structures and uses, shall be subject to the following
regulations, except wherein otherwise provided:
(a)
Where the accessory building or structure is attached to a main building or
farm dwelling, it shall conform to all regulations of this By-law applicable
to the main building structure;
(b)
Detached accessory buildings or structures shall be located in any required
yard of the principal building, except a required front yard;
(c)
In no instance shall an accessory building or structure be located within a
dedicated easement right-of-way;
(d)
No accessory building or structure shall be erected prior to the erection of
the main building or structure except for farm dwellings and accessory
buildings where it is necessary for the storage of the tools and materials for
use during construction of the main building or structure;
(e)
A private swimming pool and parabolic antennae shall not be located in a
required front yard; and
(f)
Boathouses shall be set back from the shoreline as determined by Council.
NOXIOUS OR OFFENSIVE USES
6.
(3)
Notwithstanding anything herein contained, no use shall be permitted in any Rural
Residential Zone, General Seasonal Recreation Zone, Seasonal Recreation
Residential Zone or Highway Commercial Zone which may be noxious or offensive
by reason of the emission or production of odour, dust, refuse, matter, wastes,
vapour, smoke, gas, vibration or noise. This shall not be so interpreted as to
prohibit those uses specifically permitted in the "A80" General Agricultural Zone.
HEIGHT OF BUILDINGS
6.
(4)
The maximum height of principal buildings or structures shall be three (3) storeys
and that of accessory buildings and structures shall be fifteen (15) feet.
HEIGHT EXCEPTIONS
6.
(5)
Except wherein otherwise provided the provisions of this PART shall not apply to
limit the height of any farm buildings including grain elevators and seed plants,
ornamental dome, chimney, tower, electrical or telephone transmission line,
television or radio mast, steeple, water storage tank, electrical apparatus or the
mechanical operation of the building provided that no roof structures or any space
above the height limit shall be permitted for the purpose of providing usable floor
space.
49
RURAL ZONES
The maximum heights of all buildings and structures including (agricultural) may
be reduced by Council if in Council's opinion there is a danger of the buildings or
structures being hit by aircraft in their take-off or landing phase of flight.
FRONT YARD EXCEPTIONS
6.
(6)
Where in any Rural Residential, General Seasonal Recreation, Seasonal Recreation
Residential, or Highway Commercial Zone, sites comprising forty (40) percent or
more of the entire frontage of the block (excluding reversed corner sites) are
developed with buildings, the average front yard depths established by such
buildings shall establish the minimum required front yard depths for the entire
frontage of the block provided such average is less than the minimum required front
yard in the Zone in which the site is located.
PROJECTIONS INTO REQUIRED YARDS
6.
(7)
Required yards shall be provided and maintained in accordance with the Bulk
Tables and shall be unobstructed from ground level to the sky, except as follows:
(a)
Projections from a building such as eaves, balconies, canopies, stairways
and chimney may project into any required yard not more than three (3) feet
provided the width of a required side yard is not reduced to less than three
(3) feet;
(b)
Open, unenclosed porches, platforms, not covered by a roof or canopy,
which do not extend above the level of the first storey of the building, may
extend or project into any required side or rear yard not more than twelve
(12) feet provided the width of a required side yard is not reduced to less
than three (3) feet and may extend or project into any required front yard
not more than ten (10) feet;
(c)
Fences, hedges and lamp posts in the General Seasonal Recreation and
Seasonal Recreation Residential Zones shall not exceed a height of six (6)
feet above finished grade in the side and rear yards except in the case of
fences required under various Government Department Regulations. A
fence or hedge shall be permitted in any required front yard in which case
the height shall not exceed three and one-half (3-1/2) feet; and
(d)
Landscape features, such as trees, shrubs, flowers or plants, shall be
permitted in any required front, side or rear yard provided they do not
produce a hedge effect contrary to the provisions of clause (c) above.
SEPARATION FOR DWELLING SITES FROM INCOMPATIBLE USES
6.
(8)
A single dwelling site, a Rural Residential Zone, a General Seasonal Recreation
Zone, a Seasonal Recreation Residential Zone or a Highway Commercial Zone
containing dwelling sites shall not be located within:
50
RURAL ZONES
(a)
Five hundred (500) feet from any aggregate deposit identified in the
Development Plan as valuable unless the deposit has been depleted to the
point where no further extraction will take place and residential
development is recommended by the Mineral Resources Division;
(b)
One thousand three hundred and twenty (1,320) feet from a waste disposal
ground or one thousand five hundred (1,500) feet from a sewage lagoon or
as recommended by the Health Inspector of the Environmental Control
Branch;
(c)
Five hundred (500) feet for single sites or one half (1/2) mile for Rural
Residential, any Seasonal Recreation and Highway Commercial Zones from
a stationary commercial anhydrous ammonia tank with a storage capacity
exceeding two thousand (2,000) imperial gallons or as required by the
Provincial Government;
[(d)
Six hundred (600) feet from any barn or animal confinement area or
concentrated waste disposal site where there is a production in excess of 5
animal units. Dwelling sites of the owner or operator are excepted from this
requirement; and
(e)
One thousand three hundred and twenty (1,320) feet for single sites one half
(1/2) mile for Rural Residential, Seasonal Recreation and Highway
Commercial Zones from a livestock production operation confinement area
producing in excess of seventy-five (75) Animal Units or land used in
concentrated waste disposal thereof excluding the spreading of manure.
This requirement may be altered as recommended by the Provincial
Government and this requirement does not pertain to the owner or operator
of the livestock operation.] (B/L 1432/98)
[CONDITIONAL USE SITUATIONS AND DISTANCE SEPARATIONS OF
LIVESTOCK PRODUCTION OPERATIONS INCLUDING RIDING ACADEMIES
FROM DWELLING SITES AND CERTAIN ZONES
6.
(9)
(1)
Notwithstanding the provisions of TABLE IV-I "RURAL ZONES USE
TABLE", Livestock Production Operations falling within the following
categories, as determined below shall be deemed as Conditional Uses. For
the purpose of this Section, "residential area" means the Town of Erickson
and any area zoned "RR" Rural Residential Zone, "CH" Highway
Commercial Zone, Recreational Zone means the "SR" General Seasonal
Recreation Zone and "SRR" Seasonal Recreation Residential Zone.
(a)
All riding academies, producing over a maximum of 5 Animal
Units, located within the SR Zone. In this zone an operation shall
not exceed a production capacity of 10 Animal Units, and shall not
be located within 600 feet of an existing cottage, campground or
other form of accommodation.
51
RURAL ZONES
(b)
All livestock production operation confinement areas and
concentrated waste disposal sites, excluding manure spreading
producing in excess of 150 Animal Units and located anywhere in
the A80 zone.
(c)
All livestock production operation confinement areas and
concentrated waste disposal sites, excluding manure spreading
producing in excess of 40 Animal Units and located anywhere in the
AG80 zone where 50 percent or more of the land proposed for the
operation is covered with native woody vegetation or a lake or a
combination of both.
(d)
All operations located within the A80 zone and producing:
i)
wastes in excess of 75 Animal Units and located or
spreading manure between 1/4 and 1/2 mile of a single
family dwelling. In this area an operation shall not exceed a
production capacity of 150 Animal Units.
ii)
waste in excess of 100 Animal Units and located or
spreading manure between 1/2 mile and 1 mile of a
residential area. In this area an operation shall not exceed a
production capacity of 200 Animal Units.
(2)
No livestock production operations, confinement areas or concentrated
waste disposal sites, excluding manure spreading, with a capacity exceeding
75 Animal Units shall be constructed, located or expanded within one half
mile of a residential area or recreation zone, with the exception of
confinement facilities for temporary use at an agricultural exhibition
grounds.
(3)
No livestock production operation confinement areas or concentrated waste
disposal sites, excluding manure spreading, with a capacity exceeding 75
Animal Units shall be constructed, located or expanded within 1320 feet of
a single family dwelling. Dwelling sites of the owner or operator are
excepted from this requirement.
(4)
No livestock production operation confinement areas or concentrated waste
disposal sites, excluding manure spreading, with a capacity exceeding 5
Animal Units shall be located within 600 feet, or as required by the
Provincial Government, whichever is greater, of a dwelling site (excluding
the owner or operator's dwelling) or a residential or recreation zone. B/L
13/86][B/L 1432/98]
(5)
52
RURAL ZONES
[PROXIMITY OF LIVESTOCK PRODUCTION OPERATIONS INCLUDING RIDING
ACADEMIES TO PERMANENT WATERBODIES AND WATERCOURSES
6.
(10)
(a)
New or expanding livestock production operation confinement areas
or concentrated waste disposal sites shall not be located within 328
feet of a permanent water body, watercourse or domestic water
supply, unless approved by Council upon a recommendation by the
Province and mitigating measures to stop pollution and land erosion
are accepted by all parties to the agreement put in place and
managed as required.
(b)
Any new or existing livestock production operation confinement
areas or concentrated waste disposal sites with an annual production
capacity in excess of 100 animal units, shall not be located within
600 feet of a permanent water body or watercourse unless approved
by Council upon a recommendation by the Province and mitigating
measures to stop pollution and land erosion are accepted by all
parties to the agreement, put in place and managed as required.
Note 1: For a diagrammatic representation of 6(9) and 6(10) requirements see Diagram 1.
Note 2: The distances specified in Section 6(9) and 6(10) are deemed to be required yards for the
purposes of this By-law, and variances may be considered where applicable.] (B/L 1432/98)
53
RURAL ZONES
54
RURAL ZONES
[ANIMAL UNITS (A.U.) AND CONDITIONAL USE REVIEW
6.
(11)
(a)
The following TABLE OF ANIMAL UNITS - (A. U.) is to be used
in determining the number of A. U. produced by a Livestock
Production Operation.
ANIMAL CONVERSION TABLE V - 3
No. of A.U. Produced by One Livestock
Dairy
Milking cows, inc. associated livestock
2.0
Beef
Beef cows, inc. associated livestock
Feeders, 100 day backgrounder
Feeders, 200 day backgrounder
Feeders, Summer Pasture
Feeders, Short Keep
Feeders, Long Keep
1.20
0.45
0.50
0.60
0.80
0.70
Swine
Sows, farrow to finish
Sows, farrow to weanling
Sows, farrow to nursery
Weanlings
Feeders
1.25
0.33
0.25
0.02
0.14
Chicken
Broilers
Roasters
Layers
Pullets
0.0059
0.0091
0.01
0.0033
Turkeys
Broilers
Heavy Toms
Heavy Hens
Broiler Breeder Pullets
Broiler Breeder Hen
0.0083
0.0143
0.0083
0.0033
0.01
Horses (PMU)
Mares, including associated livestock
1.33
Sheep
Ewes, including associated livestock
Feeder Lambs
0.20
0.10
A.U. produced by 1,000 kg.
live animal weight
Other Livestock (except poultry)
2.5
Other Poultry
7.5
55
RURAL ZONES
6.
(11)
(b)
Conditional Use Review
Any development proposal for a new livestock production operation or
for an expansion of an existing livestock production operation, which is
deemed to be a conditional use as determined by the criteria set forth in
Section 6.(9), shall be subject to review by Council. Council shall
consider the proposal in accordance with The Planning Act, and may
approve the development proposal, with or without conditions or may
deny the proposal. In reviewing such development proposals, the
Council takes the following into consideration:
(a)
The type of operations;
(b)
The size of the operation, including the maximum number of
animals and the resulting Animal Units of Waste produced;
(c)
The manure management system, including the handling,
storage and disposal of manure;
(d)
The location and amount of suitable land available for
disposal of manure;
(e)
Soils, probable crop rotation and ground water
conditions within the area of the confinement facility and manure
disposal areas;
(f) The on-site drainage system; and
(g) Recommendations from the Board of the South Riding Mountain
Planning District or any provincial government department that
Council may choose to consult.
Conditions of approval may include, among other conditions deemed necessary,
size of operation (number of animals and number and the size of confinement
buildings) provisions for specialized manure storage systems, manure disposal
practices, crop rotations, verification for land required for manure disposal,
monitoring systems to maintain good agricultural practice, responsibility for
implementation and mitigation costs, in order to minimize problems with excessive
nutrient accumulations in subsoils and ground water and in order to minimize
nuisance factors for other residents in the surrounding area.]( B/L 1432/98)
PROXIMITY OF STATIONARY ANHYDROUS AMMONIA STORAGE TANKS TO
AREAS DESIGNATED FOR RESIDENTIAL DEVELOPMENT
6.
(12)
A stationary anhydrous ammonia storage tank with a storage capacity exceeding
two thousand (2,000) imperial gallons shall not be located within two thousand six
hundred and forty (2,640) feet of the Village of Erickson, a Rural Residential
Zone, a General Seasonal Recreation Zone, a Seasonal Recreation Residential
Zone or a Highway Commercial Zone containing habitable buildings, or within
five hundred (500) feet of a dwelling site unless a reduced separation is
recommended by the Provincial Government.
56
RURAL ZONES
STORAGE OF ANHYDROUS AMMONIA AND OTHER HAZARDOUS CHEMICALS
IN COMMERCIAL ESTABLISHMENTS
6.
(13)
Notwithstanding anything in this PART, there shall be no storage of Anhydrous
Ammonia or other hazardous chemicals in any required front, side or rear yard
unless approved by the authority having jurisdiction.
PROXIMITY OF WASTE DISPOSAL GROUNDS AND SEWAGE LAGOONS TO
SINGLE DWELLING SITES AND CERTAIN ZONES
6.
(14)
A parcel of land containing a waste disposal ground or a sewage lagoons shall not
be located within one thousand three hundred and twenty (1,320) feet or one
thousand five hundred (1,500) feet respectively of a dwelling site, Country
Residential Zone, a General Seasonal Recreation Zone, a Seasonal Recreation
Residential Zone or a Highway Commercial Zone contain habitable buildings,
unless recommended by the Provincial Government.
COMMERCIAL RESORT, CONFERENCE CENTER DEVELOPMENT AND
PLANNED UNIT DEVELOPMENT PROVISIONS
6.
(15)
(a)
Where the proposed development consists of a number of single family
dwellings on the site, each dwelling shall be on a minimum space area of
fifteen thousand (15,000) square feet. Yards must be large enough to
provide suitable aesthetics and privacy such as cottage dwelling sites have
in the Seasonal Recreation Zones. Where holding tanks, low pressure
sewerage systems, or where an approved septic system servicing the entire
development is being proposed, the space area required for each dwelling
location may be reduced, as permitted by the Health Inspector, to a
minimum of six thousand (6,000) square feet;
(b)
Where the proposed development consists of one or more buildings, with
each building containing two, three, four or more dwelling units, each
building with two dwelling units shall be located on a minimum space area
of twenty thousand (20,000) square feet plus one thousand (1,000) square
feet for each additional dwelling unit contained thereon. Yards must be
large enough to provide suitable aesthetics and privacy. Where holding
tanks, low pressure sewerage systems, or where an approved septic system
servicing the entire development is being proposed, the space area
required for the location of each building may be reduced, as permitted by
the Health Inspector, to a minimum of sixty-six hundred (6,600) square
feet for a building with two dwelling units and an additional one thousand
(1,000) square feet for each additional dwelling unit contained in the
building; and
(c)
The development shall be treated as a Planned Unit Development as
defined in the Planning Act, in order to allow flexibility in design. In all
cases, the overall site area shall be as required in the Bulk Table.
57
RURAL ZONES
SIGN REGULATIONS
6.
(16)
The regulations of this section are intended and designed to establish a minimum
control of signs. Such control is deemed essential to promote the health, safety,
and general welfare by reducing hazards to pedestrian and vehicular traffic, and
by preventing unsightly and detrimental development having a blighting influence
upon residential, recreational, highway commercial, agricultural and other uses.
(a)
(i)
The following signs shall be permitted in the "A80" General
Agricultural Zone:
identification signs;
business signs; and
bulletin board signs.
(ii)
advertising signs shall be a conditional use in the "A80" General
Agricultural Zone subject to the approval of the Council.
All signs shall not exceed thirty-two (32) square feet in sign surface area.
(b)
(i)
The following signs shall be permitted in the Rural Residential
Zone and the General Seasonal Recreation Zone and the Seasonal
Recreation Residential Zone:
identification sign, non-illuminated;
business sign, non-illuminated;
bulletin board sign;
(ii)
Advertising signs shall not be permitted in these zones.
(iii)
Identification signs shall not exceed four (4) square feet in sign
surface area and all other signs shall not exceed thirty-two (32)
square feet in sign surface area.
(c)
All signs shall be permitted in the Highway Commercial Zone except
advertising signs which shall be a conditional use. No sign shall exceed a
maximum of sixty-four (64) square feet in sign surface area.
(d)
All free standing signs shall be located seventy-five (75) feet or as varied
from any site line fronting on a municipal road except identification signs
and all signs in the Country Residential Zone and any Seasonal Recreation
Zone where they shall be five (5) feet from all site lines which do not abut
a highway or provincial road. When adjacent to Provincial roads or
highways, signs shall be setback according to the authority having
jurisdiction.
58
RURAL ZONES
(e)
No sign or sign structure shall be erected at any location where it may
interfere with, obstruct the view of any street, street intersection or railway
grade crossing or be confused with any authorized traffic sign, signal or
device.
(f)
No rotating beam flashing signs shall be permitted in any zone without the
approval of the Council.
(g)
All signs and sign structures shall be kept in repair and in proper state of
preservation.
Signs
which
have
become
obsolete
because
of
discontinuance of the business service or activity, shall be removed or
relocated within thirty (30) days following such condition.
(h)
It shall be unlawful to erect or maintain any sign on, over or above any
land or right-of-way belonging to the Municipality unless such right is
established by agreement with the Municipality, and all signs shall adhere
to all the setback requirements of the zones in which they are located.
(i)
Flags, political, civic, educational, religious, temporary, traffic, and real
estate signs are permitted in all Rural Zones.
PARKING
6.
(17)
The following requirements apply in the Rural Residential Zone, the General
Seasonal Recreation Zone, the Seasonal Recreation Residential Zone and
Highway Commercial Zone only:
(a)
For residential use, there shall be one (1) parking space per dwelling unit
or mobile home located on the same zoning site, or mobile home space as
the principal building or mobile home; and
(b)
For non-residential uses, the number of parking spaces for employees,
visitors and customers may be determined by the Council.
CAMPGROUND PROVISIONS
6.
(18)
All site plans for the park must be submitted to Council for their consideration and
approval prior to the issuance of a Development Permit. As a guide, where
sewage disposed and/or water supplies are provided on individual camping
spaces, the space area and yard requirements of the campground spaces shall be
similar to those of Mobile Home Parks found in Section (7) of this PART.
LOCATION OF AUTOMOBILE WRECKING ESTABLISHMENTS
6.
(19)
An automobile wrecking establishment shall not be located within one-half (0.5)
mile of a Provincial Trunk Highway or one (1) mile of the Village of Erickson, a
Country Residential Zone, or any Season Recreation Zone.
59
RURAL ZONES
STORAGE OF DERELICT VEHICLES
6.
(20)
(i)
Subject to clause (ii) below there shall be no storage of derelict
automobiles, parts, other machinery, or products in any front,
side or rear yard within the rural zone, except in a waste disposal
ground or an automobile wrecking establishment.
(ii)
Where there is storage of derelict automobile parts and other
machinery outside of a building in an automobile wrecking
establishment a continuous compact hedge or continuous row of
evergreen trees expected to attain a height of not less than six (6)
feet, or a six (6) foot high fence shall be provided and maintained
along the periphery of the storage area in a manner that conceals
the stored materials from any public street or road or an adjacent
land use.
CONDOMINIUM SUBDIVISION OF LAND
6.
(21)
Notwithstanding anything herein contained and with reference to the General
Seasonal Recreation Zone and Seasonal Recreation Residential Zone only, the
following bulk regulations shall apply:
(i)
bare land unit plans as described in Section 6(5) of The
Condominium Act of the Province of Manitoba, and existing
structures situated on any such unit shall be deemed to comply
with the bulk requirements of the Seasonal Recreation Zone;
(ii)
for the purpose of the Season Recreation Zone, a bare land unit
title is a zoning site; and
(iii)
new development, any structural alteration or any replacement to
any existing structure shall conform in all respects to the bulk
regulations (including site area and yards) as set out in Table IV -
IV of this PART or as varied.
ONLY ONE MAIN BUILDING OR USE ON A SITE
6.
(22)
There shall be only one main building or one main use on a site except wherein
otherwise stated.
For the purposes of yard regulations, the following dwellings with common party
walls shall be considered as one building occupying one site: semi-detached,
duplex, triplex and fourplex, row or town houses, apartment block and
condominium.
60
RURAL ZONES
MULTIPLE USES
6.
(23)
Where any land or building is used for more than one purpose, all provisions of
this by-law relating to each use shall be satisfied. Where there is conflict such as
in the case of site area and site frontage, the higher or more stringent requirement
shall prevail.
NUMBER OF SINGLE-FAMILY DWELLINGS AND COTTAGES PER PARCEL OF
LAND
6.
(24)
There shall be only one single-family dwelling or cottage per parcel which meets
all zoning site requirements or as varied except for the exceptions provided in this
By-law including the infill of existing leased lots (at By-law adoption) and the
Planning Act.
LOCATION OF GAME FARMS
6.
(25)
Game farms used for the production of elk, moose or buffalo for commercial meat
shall not locate within three (3) miles of the Southern Boundary of Riding
Mountain National Park.
[EXISTING COTTAGE LEASES
6.
(26)
Notwithstanding anything herein contained and with reference to the General
Seasonal Recreation Zone only, the following bulk regulations shall apply:
(i)
existing leased cottage lots proposed for conversion to cottage zoning
sites, as of the time of this amendment, and existing structures situated on
any such leased lot shall be deemed to comply with the bulk site
requirements of the General Seasonal Recreation Zone;
(ii)
new buildings, any structural alteration or any replacement to any existing
structure shall conform to the bulk yard regulations as set out in Table IV
- IV of this PART or as varied.
(iii)
Where these leased lots are less than fifteen thousand (15,000) square feet
in area and are proposed to be subdivided, a holding tank or other suitable
approved sewage disposal system designed for small sites shall be
installed immediately or when the existing system requires replacing as a
condition of subdivision.]B/L 1428/97
MOBILE HOME PARK DEVELOPMENT PROVISIONS
7.
In addition to the preceding bulk requirements, the following requirements shall apply to
mobile home parks and their accessory buildings and structures in the General Seasonal
Recreation Zone.
61
RURAL ZONES
MOBILE HOME PARK
7.
(1)
A mobile home park shall contain a minimum of five (5) mobile home spaces and
shall have a minimum site width of three hundred (300) feet.
BUFFER AREA
7.
(2)
A buffer area at least twenty (20) feet in width shall be provided within and
adjacent to the perimeter of the mobile home park property.
DEVELOPMENT OF THE BUFFER AREA
7.
(3)
(a)
The buffer area provided in clause (2) above shall be developed as an area
suitably landscaped with trees, shrubs, grass and similar horticultural
features as shown on the site plans submitted pursuant to subsection (12)
of this section;
(b)
The buffer area may be crossed by an access right-of-way a minimum of
fifty (50) feet in width containing a concrete, gravel, or asphalt driveway
from a street to the internal roadway system; and
(c)
The buffer area shall contain no use other than those permitted by clauses
(a) and (b) above.
LOCATION OF STORAGE COMPOUND
7.
(4)
A storage compound shall not be located within the buffer area provided but shall
be located according to the site plan approved by the Council.
MOBILE HOME PARK OR SUBDIVISION INTERNAL ROADWAY SYSTEM
7.
(5)
Internal roadways within a mobile home park shall be as follows:
(a)
The internal roadway system shall have a right-of-way a minimum of fifty
(50) feet in width; and
(b)
The internal roadway system shall have a concrete or asphalt or gravel
driveway a minimum of twenty-five (25) feet in width.
NUMBER OF MOBILE HOMES
7.
(6)
There shall not be more than one mobile home located on a mobile home space in
a mobile home park.
62
RURAL ZONES
DISTANCE FROM STORAGE COMPOUND, COMMON PARKING, SERVICE
BUILDING
7.
(7)
A mobile home shall be located a minimum distance of twelve (12) feet away
from a storage compound or a common parking area and twenty (20) feet from a
service building in a mobile home park.
REQUIRED SERVICES FOR MOBILE HOME SPACE
7.
(8)
A mobile home space shall be provided with the following:
(a)
an approved sewage system;
(b)
an approved potable water supply that is satisfactory to Council;
(c)
an electrical service outlet; and
(d)
an adequate base support for the mobile home.
REQUIRED SERVICES FOR MOBILE HOME PARK
7.
(9)
A mobile home park shall be provided with:
(a)
An adequate street lighting system, satisfactory to Council; and
(b)
Any other services that Council considers necessary for the public health
and safety.
LOCATION OF ACCESSORY BUILDINGS
7.
(10)
Notwithstanding anything herein provided, no detached accessory building or
structure shall be located nearer a mobile home, including a mobile home on an
adjoining space, than a distance of six (6) feet clear of all projections. Detached
accessory buildings or structures shall be located only in the rear yard.
ACCESSORY STRUCTURES AND BUILDINGS
7.
(11)
All accessory structures and buildings such as porches, additions, carports,
skirting and storage facilities shall be painted or pre-finished and maintained so
that the design, construction and maintenance, in the opinion of the Council, will
compliment the main structure.
63
RURAL ZONES
SITE PLANS - REQUIREMENTS
7.
(12)
Plans submitted to Council for approval of a mobile home park shall be drawn to
scale and fully dimensioned indicating landscaping, access roads, mobile home
spaces, buffers, storage compounds, common recreational area, retention of
surface run-off and parking; and shall include such other information as may be
necessary to determine conformance with this By-law.
MOBILE HOME STANDARDS
7.
(13)
All mobile homes, travel trailers or motor homes must meet all structural
standards as determined by The Buildings and Mobile Homes Act, Chapter B93,
S.M. 1977.
[WIND TURBINE GENERATOR STATIONS (WTGS) DEVELOPMENT
7.
(14)
a.
A conditional use application to establish one or more wind turbine
generator station(s) (WTGS) may include one or more turbine(s) on a
parcel of land or a network of turbines and associated structures located on
different parcels of land at different locations in the Municipality
respectively, provided that all structures will be operated by the same
corporate entity. For the purposes of this By-law, an application involving
more than one parcel of land and (WTGS) shall be processed as one
application, with the provision that a separate conditional approval shall
be issued for each separate parcel of land and/or (WTGS).](B/L 1460/05)
b.
Proponents of a wind turbine generator station (WTGS) shall submit, to
the Development Officer a detailed site plan showing the location of all
wind turbines, electrical lines (above or below ground), on-site roads and
driveways providing access to the public road system as part of the
conditional use application. Proposals for additional infrastructure will
require additional conditional use approval.
c.
Newly sited residences in the vicinity of a (WTGS), other than the
residence of the owner of the lands upon which a (WTGS) is located, shall
be separated a minimum distance of one quarter mile (1320) feet from the
nearest adjacent wind turbine tower located in the (WTGS).
d.
Proponents of a (WTGS) 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 Transportation and Government Services, and Manitoba
Conservation, prior to the issuance of a development permit.
e.
When locating a proposed wind turbine in the vicinity of any registered or
certified airport all Transport Canada regulations for certified airports
regarding height and location of buildings and structures shall be
followed.
64
RURAL ZONES
f.
A development permit shall be obtained prior to the commencement of
construction.
g.
The colour scheme of a commercial wind turbine and associated signage
affixed to the structure shall be subject to the approval of Council. Any
illumination of the facility shall be arranged so that it does not create glare
at any nearby property or public roadway. Both of these items must be
dealt with in a manner consistent with any applicable Federal Government
regulations.
h.
All wind turbine systems locate on the same site and in direct support of
either a permitted or conditionally approved single private agricultural
activity or private residential activity shall be treated as an accessory
structure. This structure shall be set back from the property line a
minimum distance equal to its total height, measured from the ground to
the extent of its rotors.](B/L 1460/05)
INTENT AND PURPOSE
1.
The Rural Zones established in this By-law are intended to provide sufficient land for various
types of rural, non-farm residential and recreational development in The Area in keeping with the
provisions of the Development Plan.
ZONES
2.
In order to carry out the intent and purpose of Section 1 above, there are hereby established the
following zones:
2.
(1)
"A80" GENERAL AGRICULTURAL ZONE
The "A80" General Agricultural Zone primarily provides for a full range of agro-rural
activities and development including livestock and some other compatible rural uses under various
criteria found in the Development Plan and this document;
2.
(2)
"RR" RURAL RESIDENTIAL ZONE
This zone primarily provides for a rural living opportunity in a non-farm
residential area.
2.
(3)
"SR" GENERAL SEASONAL RECREATION ZONE
The "SR" General Seasonal Recreation Zone primarily provides for a full range
of
recreational development, which is compatible with existing
development and compatible
with the natural environment.
65
RURAL ZONES
It is intended that the primary recreational function of the Zone will be
complemented by
those commercial uses deemed essential to such
development.
2.
(4)
"SRR" SEASONAL RECREATION RESIDENTIAL ZONE
This zone is primarily the same as the "SR" Seasonal Recreation Zone except certain uses are
excluded such as but not limited to mobile homes, campgrounds and recreational
concessions.
2.
(5)
"CH" HIGHWAY COMMERCIAL ZONE
This "CH" Highway Commercial Zone primarily provides land for those
businesses
requiring large sites, serving the motoring public and requiring
direct access to a
highway.
APPLICATION OF BY-LAW TO RURAL ZONES
3.
The provisions applying to the RURAL AREA ZONES are contained within this PART. Also
applying to this zone are the provisions of PART I - "DEFINITIONS", PART II -
"ADMINISTRATION", PART III - "ZONING" and "APPENDIX -A", MAPS.
USE REGULATIONS
4.
(1)
No land shall be used or occupied and no building or structure shall be erected, altered,
relocated, used or occupied hereinafter for any use in any RURAL ZONE in which such land,
building or structure is located other than a use listed on TABLE IV-I, "RURAL USE TABLE",
with the following exception:
(a)
Uses lawfully established prior to the effective date of this By-law.
RURAL USE TABLE IV - I
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"A80"
"RR"
"SR"
"SRR"
"CH"
Accessory Uses, Buildings, and Structures [See
Section 4.(2) of this PART]
P
P
P
P
P
Accessory Home-based Businesses (excluding
vehicle sales) [See Section 6.(25)]
C
C
-
-
-
Agricultural Specialized Uses:
Apiculture
P
-
-
-
-
Commercial Greenhouses
P
-
-
-
-
Market Gardening
P
-
-
-
-
66
RURAL ZONES
RURAL USE TABLE IV - I
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"A80"
"RR"
"SR"
"SRR"
"CH"
Nurseries
P
-
-
-
-
Agricultural General Uses, such as but not
limited to the following:
Field Crops (e.g. grains, vegetables, oil
seeds)
P
-
-
-
-
Livestock Operations [See Sections 6.(9)
to (13) of this PART] [See Section 6.(10)]
for conditional use threshold
P
-
-
-
-
Livestock Operations within livestock
buffers adjacent to or near water bodies,
rural residential zones, seasonal recreation
zones and urban centres identified in the
Development Plan, Zoning Maps and
sections 6.(11) and 6.(12) of this PART.
[See Section 6.(12)] for "P" and "C"
thresholds
C
-
-
-
-
Tame and Native Forage Production,
Grazing
P
-
-
-
-
Vacation Farms
P
-
-
-
-
Agricultural Implement Sales and Service
-
-
-
-
P
Aircraft Landing Strips and Related Storage
Facilities [See Section 6.(18)]
C
-
-
-
-
Anhydrous Ammonia, Sales and Service - [See
Sections 6.(15) and 6.(16)]
C
-
-
-
-
Automobile Trades
-
-
-
-
P
Automobile Wrecking Establishments - [See
Sections 6.(22)]
C
-
-
-
-
Auction Mart
C
-
-
-
P
Batch Concrete Plant
C
-
-
-
-
Bulk Fuel, Liquid and Solid Fertilizer and
Chemical Stationary Storage and Sales
C
-
-
-
C
Bus Terminal
-
-
-
-
P
67
RURAL ZONES
RURAL USE TABLE IV - I
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"A80"
"RR"
"SR"
"SRR"
"CH"
Café and Coffee Shops, when in combination
with another permitted or conditional use
-
-
-
-
P
Campgrounds [See Section 6.(24) of this PART]
-
-
C
-
-
Cemeteries
P
-
-
-
-
Churches, Church Hall
-
P
P
P
-
Communication Towers
C
-
-
-
-
Cottage dwellings including mobile homes for
seasonal use
C
-
P
P
-
Commercial Resorts [See Section 6.(19)]
-
-
C
-
-
Community Halls and Rinks
-
P
P
P
P
Concessions (Recreational Facilities)
-
-
C
-
-
Conference Centres [See Section 6.(19)]
-
-
P
-
C
Drive-In Uses where persons are served in
automobiles, such as refreshment stands, fast food
restaurants and the like, except Drive-In theatres
-
-
-
-
P
Dude Eco-Ranch
C
-
-
-
-
Existing Uses legally established prior to the
adoption of the original By-law 1313-86 except
Rural Non- Farm Residences and Cottages
P
P
P
P
P
Existing legally established Rural Non-Farm
Single-Family Residences (includes cottage
dwellings) established prior to the adoption of the
original By-law 1313-86
C
P
P
P
P
Exhibition Grounds including Race Tracks
-
-
-
-
-
Game Farms [See Section 6.(31)]
C
-
-
-
-
General Store and Post Office
-
P
C
-
P
Golf Course
C
-
C
C
-
Grain Elevators and Vegetable Storage Buildings
P
-
-
-
-
Group Camps (such as Church, 4H, Boy Scouts,
Girl Guides) and like establishments
C
-
P
-
-
Historical Sites
P
P
P
P
P
Hunting and Fishing Lodges and Boating Clubs
C
-
C
-
-
68
RURAL ZONES
RURAL USE TABLE IV - I
LEGEND: P - Permitted
C - Conditional
- - Use Not Permitted
ZONES
USES:
"A80"
"RR"
"SR"
"SRR"
"CH"
Kennels and Animal Clubs
C
-
-
-
-
Motels
-
-
-
-
P
Mobile Home Parks
-
-
C
-
-
Public Picnic Areas, Parks, Playgrounds, Tot-lots,
Public Outdoor Recreational Facilities
C
P
P
P
-
Public Utilities and Buildings [See PART II
Section 14]
P
P
P
P
P
Public Reserves
P
P
P
P
P
Recreation Trails
C
P
P
P
C
Rendering and Abattoirs
C
-
-
-
-
Research and/or management Forest and Wildlife
Preserves
C
-
-
-
-
Residential Care Facilities
C
C
-
-
-
Riding Academies - up to 9 animal units
P
-
C
-
-
Rural Non-Farm Single-Family Dwellings
including Mobile Homes
C
P
-
-
-
Sand, Gravel and Mineral Extraction Operations
C
-
-
-
-
Seed Plants
P
-
-
-
-
Service Shops
-
-
-
-
P
Sewage Disposal Lagoons
C
-
-
-
-
Signs [See Section 6.(20) of this PART]
P
P
P
P
P
Signs, Advertising [See Section 6.(20) of this
PART]
C
-
-
-
C
Truck Terminals
-
-
-
-
P
Veterinary Clinics
P
-
-
-
P
Waste Disposal Grounds
C
-
-
-
-
Well Drilling Establishments
-
-
-
-
P
Wind Turbine Generator Stations (WTGS) [See
TABLE IV-II and Section 6(30) of this PART
IV]
C
-
-
-
-
ACCESSORY USES, BUILDINGS AND STRUCTURES
4.
(2)
In the Rural Zones, accessory uses, buildings or structures may include but not be
limited to the following:
(a)
Farm dwelling to include a single-family dwelling or a mobile home when
69
RURAL ZONES
on the same site with a permitted or conditional agricultural use;
(b)
Staff dwelling to include single-family dwellings, two-family dwellings,
dormitory, mobile homes and private churches and private school
facilities, when on the same site with agricultural permitted or conditional
uses where, in the opinion of the Council, said dwelling or private church
and/or school, is essential for the maintenance, operation and care of the
agricultural permitted or conditional use;
(c)
Buildings and structures accessory and incidental to a permitted or
conditional seasonal recreation use, excluding a guest house;
(d)
Buildings or structures for the operation and maintenance of a permitted or
conditional use;
(e)
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 or
provincial regulations;
(f)
A private garage, carport, covered patio, toolhouse, boathouse, shed, and
other similar buildings (excluding shipping containers in "RR," "SR" and
"SRR" zones) for the storage of domestic equipment and supplies, private
swimming pools;
(g)
Incinerators and individual sewage disposal systems, subject to the
authority having jurisdiction;
(h)
Home-based businesses, as accessory conditional uses, in the "A80"
General Agricultural Zone and the Rural Residential Zone - [See Section
6.(25)];
(i)
Accessory off-street parking areas as required and regulated in Section
6.(21) of this PART;
(j)
Clubhouses and other related recreational structures on the grounds of
private clubs, golf courses, and other like permitted or conditional
recreational facilities;
(k)
Aircraft landing strips and related storage facilities which are necessary to
a farm operation - [See Section 6.(18)];
(l)
In cottage subdivisions and campgrounds, the accessory uses, buildings
and structures required to serve the development may also include:
(i)
a storage compound;
(ii)
recreation facilities and appertaining structures;
(iii)
service building to house water pumps and other service facilities;
and
(iv) required washroom facilities;
70
RURAL ZONES
(m)
Residential Care Facilities in the "A80" General Agricultural Zone and the
"RR" Rural Residential Zone for eight or fewer children who are under
the care of a child caring agency as defined by the Child Welfare Act or
for four or fewer adults who may be post mentally ill, mentally retarded or
otherwise developmentally delayed; and
(n)
Individual guest cabins when located in an approved plan within a
commercial resort.
CONDITIONAL USE
4.
(3)
Any use listed as a "CONDITIONAL USE" in TABLE IV-I shall comply with the
regulations set forth in Section 3, PART II, ADMINISTRATION.
BULK REQUIREMENTS
5.
(1)
The "A80" General Agricultural Zone bulk requirements shall be as set forth in
TABLE IV-II, "A80" GENERAL AGRICULTURAL BULK TABLE and
following Sections.
(2)
The "RR" Rural Residential Zone bulk requirements shall be as set forth in TABLE
IV-III, "RR" RURAL-RESIDENTIAL BULK TABLE and following Sections.
(3)
The "SR" General Seasonal Recreation Zone and "SRR" Seasonal Recreation
Residential Zone bulk requirements shall be as set forth in TABLE IV-IV, "SR"
GENERAL SEASONAL RECREATION ZONE AND "SRR" SEASONAL
RECREATION RESIDENTIAL ZONE and following Sections.
(4)
The "CH" Highway Commercial Zone bulk requirements shall be as set forth in
TABLE IV-V, "CH" HIGHWAY COMMERCIAL BULK TABLE and following
Sections.
"A80" GENERAL AGRICULTURAL BULK TABLE IV - II
PERMITTED
OR
CONDITIONAL USES
REQUIREMENTS
MINIMUM
Site
Area
(acres)
Site
Width
(ft.)
(a)
Front
Yard
(ft.)
(a)
Side
Yard
(ft.)
(a)
Rear
Yard
(ft.)
Accessory Use, Buildings and Structures (c) [see
Section 6.(2)] of this PART
125
25
25
Aircraft Landing Strips (Licensed and private) and
Related
Storage Facilities [See Section 6. (18)]
60(b)
1000(b) 300(b) 300(b) 300(b)
Agricultural Specialized Uses (e)
20
300
125
25
25
Agricultural General Uses and Livestock including
Riding Academies, Vacation Farm (up to 9 animal
units capacity)
80(d)(f)
1000
125
125
125
71
RURAL ZONES
"A80" GENERAL AGRICULTURAL BULK TABLE IV - II
PERMITTED
OR
CONDITIONAL USES
REQUIREMENTS
MINIMUM
Site
Area
(acres)
Site
Width
(ft.)
(a)
Front
Yard
(ft.)
(a)
Side
Yard
(ft.)
(a)
Rear
Yard
(ft.)
Livestock Operations including Riding Academies
and Vacation Farms with over 9 animal unit
capacity confinement
80(d)
(f)
1000
328
328
328
Anhydrous Ammonia Sales and Service
5
300
300
75
75
Automobile Wrecking Establishments including
storage of
Automobiles [See Section 6. (22)]
5
200
200
25
25
Batch Concrete Plant
4
200
125
50
50
Bulk fuel, Liquid/Solid Fertilizer Sales and
Stationary Storage
3
300
125
50
50
Campgrounds
5
200
125
25
25
Cemeteries
2
200
125
50
50
Communication Towers
5
400
125
125
125
Dude Eco-Ranch (h)
80(d)(f)
1000
125
125
125
Game Farm, Hunting and Fishing Reserves
80(d)
660
125
50
50
Golf Courses
55
575
125
25
25
Grain Elevators and Vegetable Storage Buildings
3
200
125
25
25
Group Camps
10
300
125
25
25
Historical Sites
10,000
sq. ft.
50
125
10
10
Hunting, Fishing and Boating Clubs
10
300
125
50
50
Kennels and Animal Clubs
5
200
125
50
50
Public Picnic Areas, Parks and related Outdoor
Recreational Activities (i)
2
200
125
25
25
Public Utilities and Services
20,000
sq. ft.
100
125
25
25
Rendering Plants, Abattoirs
5
200
125
25
25
Residential Care Facility
2
200
125
25
25
Rural
Non-Farm
Single-Family
Residences
including mobile
homes and cottages (c) (g)
2
200
125
25
25
Sand, Gravel and Mineral Extraction Operations
2
200
125
50
50
Seed Plants
3
200
125
25
25
Sewage Disposal Lagoons
5
300
200
50
50
Waste Disposal Grounds
5
300
200
50
50
Wind Turbine Generator Station (j)
16
835
(i)
(i)
(i)
Veterinary Hospitals
3
150
125
50
50
Other Permitted or Conditional Uses
5
200
125
25
25
72
RURAL ZONES
Explanations and Exceptions to the Bulk Requirements of TABLE IV-II are as follows:
(a)
(i) Setback provisions pertain to buildings, structures and shelterbelts only.
(ii) Where buildings and structures are adjacent to a Government Road Allowance,
the minimum setback shall be one hundred and twenty- five (125) feet or as
required in the TABLE, except for shelter belts where the minimum setback
shall be seventy-five (75) feet, or for signs as provided for elsewhere herein
[Section 6.(20)].
(iii) Setbacks for buildings, structures or hedges from provincial roads, provincial
trunk highways and their centers of intersections shall be in accordance with the
Highway Protection Act and the Highway Department Act or as varied from
time to time.
(b)
Notwithstanding anything in this PART, the aircraft landing strips and related
storage facilities shall be subject to Transport Canada requirements and/or
recommendations.
(c)
The minimum dwelling unit floor area shall be six hundred (600) square feet.
(d)
The minimum site area shall be eighty (80) acres or two (2) legal
subdivisions which abut each other.
(e)
Council may require the applicant to submit a physical site plan and business plan
proposal for the agricultural specialized use.
(f)
The minimum suitable land base required for livestock operations and riding
academies shall be increased from the required 80 acres in TABLE IV II, based on
the size of the operation, soils and the Provincial Regulations, if required.
Additional land base required must be owned by the producer or obtained through an
agreement between the producer and other landowner(s).
(g)
A residence shall be separated by a distance of one and one half (1.5) times the
maximum height of a communication tower located in the immediate vicinity of the
proposed residence's location.
(h)
A dude-eco ranch shall be subject to the provisions found in Part IV - RURAL
ZONES AND GENERAL PROVISIONS SECTION 6.(19) COMMERCIAL
RESORT, AND CONFERENCE CENTRE DEVELOPMENT PROVISIONS.
(i)
Outdoor recreation developments shall be directed away from prime agricultural land
and viable lower class agricultural land.
(j)
Each wind turbine generator station (WTGS) site shall be used for the location of the
wind turbine generator tower(s) and/or the associated buildings and infrastructure.
This is the principal use of the (WTGS) site and it shall be limited to a maximum site
area of 160 acres. The land within the (WTGS) site that is not used for the facility
73
RURAL ZONES
may be used for compatible agricultural activities provided provisions of this by-law
are maintained.
All Wind Turbine towers and accessory uses shall have the following minimum yard and
separation distance requirements:
Yards:
i.
All tower yards shall be (1.1) times the total height of the tower plus rotor from
any other titled property, including the boundary of a railway right-of-way.
Note exception, this setback distance with respect to the title property lines shall
be 400 feet for wind turbines located where the property line(s) nearest to any
given wind turbine define and separate properties belonging to the same
landowner with a lease of the same type and duration.
ii.
All tower yards shall be (1.1) times the total height of the tower plus rotor from
all government road allowances, any other public roads and Provincial roads.
The location of these towers within greater highway control areas shall be (1.5)
times the height of the tower plus rotor when adjacent to Provincial Trunk
Highways and shall be subject to the approval of the Province.
iii. All tower yards that do not coincide with a title property boundary or road
allowance shall be equal to the height of the tower plus the rotor in depth.
iv. All accessory uses yards (front, side and rear) associated with the (WTGS) shall
be 135 feet in depth.
Separation Distances:
a.
The tower base shall be (1640 feet) from all dwellings or other habitable buildings
(e.g. motel) located on all lands, except as provided in (c) below.
b.
The tower base shall be one half mile (2640 feet) from an urban area (Erickson), a
"RR" rural residential zoned area (eg. Sand Lake) or a "SR" seasonal recreation
zoned area (eg. Otter lake, Kerrs Lake and Ditch Lake).
c.
The tower base shall be a distance equivalent of one and one half (1.5) times the total
height of the tower plus rotor from employee accommodation buildings built and
owned by the Wind Turbine Company on associated owned or leased lands.
d.
The tower base shall be a distance equivalent of one point one (1.1) times the total
height of the tower plus rotor from non-dwelling principal structures.
e. These distances are reciprocal from dwellings and structures to wind towers.
74
RURAL ZONES
"RR" RURAL RESIDENTIAL BULK TABLE IV - III
PERMITTED
OR
CONDITIONAL USES
REQUIREMENTS
MINIMUM
Site
Area
(acres)
Site
Width
(ft.)
(b)
Front
Yard
(ft.)
(b)
Side
Yard
(ft.)
(b)
Rear
Yard
(ft.)
Accessory Use, Buildings and Structures [See Section 6.(2)
of this PART](a)
75
30
30
Churches and Church Halls
2
200
75
50
50
General Store and Post Office
2
200
75
30
30
Public Playgrounds and Picnic Areas
1
100
75
30
30
Residential Care Facilities
5
200
75
50
50
Rural Non-farm Single-Family Dwelling (c)
2
200
75
30
30
Historical Site
1
100
30
30
30
Other Permitted and Conditional Uses
2
100
75
30
30
Explanations and Exceptions to the Bulk Requirements of TABLE IV- III are as follows:
(a)
An accessory building or structure for the housing of animals shall have a minimum
separation from any dwelling of three hundred (300) feet excluding the owner's dwelling.
The keeping of animals for purposes other than commercial production shall be permitted
provided that animal waste production does not exceed 0.75 Animal Units per two (2) acres
of site and that compliance is made with all Public Health Regulations. The maximum
number of Animal Units produced on a Rural Residential Zoning site shall be two (2).
(b)
(i)
Where buildings, structures are adjacent to a Government Road Allowance, the
minimum setback shall be one hundred and twenty- five (125) feet, except where the
Government Road Allowance forms part of a concept for a multi-lot subdivision
plan, or as provided in section 6.(20) for signs.
(ii)
Setbacks for buildings, structures and hedges from provincial roads, provincial trunk
highways and their centers of intersections shall be in accordance with the Highway
Protection Act and the Highway Department Act or as varied from time to time.
(c)
The minimum dwelling unit floor areas shall be six hundred (600) square feet for a rural
non-farm dwelling.
"SR" GENERAL SEASONAL RECREATION & "SRR" SEASONAL RECREATION
RESIDENTIAL BULK TABLE IV - IV
PERMITTED
OR
CONDITIONAL
USES
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq.ft.)
Site
Width
(ft.)
(a)
Front
Yard
(ft.)
(a)
SideYard
(ft.)
(a)
Rear
Yard
(ft.)
Site
Coverage
%
75
RURAL ZONES
interior
corner
Accessory Uses,
Buildings and
Structures [See also
Section 6.(2)] of this
PART)
(b)
5
10
5
10 (c)
Campgrounds
5 acres
200
125
25
30
25
75
Church and Church
Halls
2 acres
200
75
25
30
25
55
Cottages including
single mobile homes
and sites in mobile
home parks (d):
Serviced site
Unserviced
site
(holding tank)
Unserviced site (septic
field)
6000
50
30
10(e)
20
25
30
15000
75
30
20
20
25
40
2 acres
200
75
30
30
50
40
Commercial Resort(f)
10 acres
300
75
20
20
25
25
Concessions
15000
70
30
20
20
25
30
Conference Centers(f)
8 acres
200
75
20
20
25
60
Community Halls and
Rinks
3 acres
200
75
25
30
25
45
Golf Courses
55 acres
575
125
25
25
25
N/A
Group Camps (f)
5 acres
200
75
20
20
25
60
Hunting and Fishing
Lodges and Boating
Clubs
5 acres
200
75
20
20
25
60
Public Picnic Area,
Parks, Playgrounds,
Tot-Lots, Outdoor
Recreation Facilities
21000
100
30
20
30
25
N/A
Public Utilities and
Buildings
5000
50
30
15
20
20
20
Riding Academies (g)
40 acres
660
125
50
50
50
N/A
Other uses listed(d)
21500
65
30
5
15
25
50
Explanations and Exceptions to the Bulk Requirements of TABLE IV-IV are as follows:
(a)
(i)
Where buildings and structures are adjacent to a Government Road Allowance, the
minimum setback shall be one hundred and twenty-five (125) feet, except where the
Government Road Allowance forms part of a concept for a multi-lot subdivision
Plan, or as provided in Section 6.(20) for signs.
76
RURAL ZONES
(ii)
Setbacks for buildings, structures or hedges from provincial roads, major provincial
highways and their centers of intersection shall be in accordance with the Highway
Protection Act and the Highway Department Act or as varied from time to time.
(b)
The minimum required front yard shall be the same as the main building.
(c)
An accessory building or structure shall have a maximum site coverage of ten (10) percent
or six hundred (600) square feet, whichever is lesser.
(d)
The minimum floor area per dwelling unit shall be four hundred and fifty (450) square feet.
(e)
On that side of the mobile home containing the main entrance and/or window to the living
room, the required side yard minimum shall be twenty (20) feet.
(f)
The minimum floor area per dwelling unit shall be four hundred (400) square feet for
cottages and rental cabins and three hundred (300) square feet for each rental dwelling unit
in a multi- dwelling unit building.
(g)
All riding academies located within the "SR" Zone are conditional uses. In this zone an
operation shall not exceed a production capacity of 9 Animal Units and shall not be located
within 300 feet of an existing cottage, campground or other form of accommodation.
"CH" HIGHWAY COMMERCIAL BULK TABLE IV-V
PERMITTED OR
CONDITIONAL USES
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq.ft.)
Site
Width
(ft.)
(a)
Front
Yard
(ft.)
(a,b,d)
Side
Yard
(ft.)
(a)
Rear
Yard
(ft.)
Site
Coverage
(%)
Accessory Uses, Buildings and
Structures (c)[See also Section
6.(2) of this Part]
40
10
10
10
Agricultural Implement Sales and
Services
40000
150
40
10
10
70
Agricultural Supplies Stores
43560
200
40(f)
30(f)
30(f)
47
Auction Market
Automobile Service Stations
Automobile Trades
Bulk Fuel non-hazardous Solid
and Liquid Fertilizer
Sales and Storage
Bulk Propane Sales and Storage
Bus Terminal
Drive-In Uses, e.g. Fast Food
Restaurants
Miniature Golf Courses
Motels (e)(g)
2 acres
200
40
20
30
67
77
RURAL ZONES
"CH" HIGHWAY COMMERCIAL BULK TABLE IV-V
PERMITTED OR
CONDITIONAL USES
REQUIREMENTS
MINIMUM
MAXIMUM
Site
Area
(sq.ft.)
Site
Width
(ft.)
(a)
Front
Yard
(ft.)
(a,b,d)
Side
Yard
(ft.)
(a)
Rear
Yard
(ft.)
Site
Coverage
(%)
Conference centres(e)
Public Utilities and Services
5000
50
40
10
10
30
Truck Terminals
2 acres
200
40
10
30
67
Other Permitted and Conditional
Uses
100
40
10
10
45
Explanations and Exceptions to the Bulk Requirements of TABLE IV - V are as follows:
(a)
(i)
Where buildings and structures are adjacent to a Government Road
Allowance, the minimum setback shall be one hundred and twenty-five
(125) feet or as varied, except where the Government Road Allowance
forms part of the Development or as provided for elsewhere herein for
Section 6.(20) signs; and
(ii)
Buildings, structures and hedges adjacent to provincial roads, major
provincial trunk highways and their centres of intersections shall have a
setback in accordance with Highway Protection Act and the Highway
Department Act or as varied.
(b)
In the case of a reversed corner site, there shall be a minimum side yard of thirty
(30) feet on the street side of the reversed corner site. When the required yard is
greater than thirty (30) feet, the greater yard shall apply.
(c)
Where a dwelling unit is an accessory use, the minimum site area shall be fifteen
thousand (15,000) square feet.
(d)
The minimum required side yard shall be twelve (12) feet if the site is
unserviced. Where the required yard is greater than twelve (12) feet, the greater
yard shall apply.
(e)
The minimum floor area per dwelling unit shall be four hundred (400) square feet
for rental cabins and three hundred (300) square feet for each dwelling unit in a
seasonal rental multi-unit building.
(f)
Gasoline pumps shall have a required front, side and rear yard of twenty (20)
feet or greater if required by the province. Bulk propane tanks shall have a
required setback from all buildings and site lines as regulated by the Province.
Fuel oil dispensing tanks shall have a required front, side and rear yard of twenty
(20) feet or greater if required by the Province.
(g)
First fifteen (15) motel units or conference accommodation units require two (2)
acres of site, plus one thousand (1,000) square feet for each additional motel unit
or conference accommodation unit.
78
RURAL ZONES
GENERAL PROVISIONS
INTENT
6.
(1)
The following provisions shall apply to all Rural Zones except wherein otherwise provided:
ACCESSORY BUILDINGS, STRUCTURES AND USES PERMITTED
6.
(2)
Accessory buildings or structures shall be subject to the following regulations, except
wherein otherwise provided:
(a)
Where the accessory building or structure is attached to a main building or structure,
it shall conform to all regulations of this By-law applicable to the main building or
structure;
(b)
Detached accessory buildings or structures shall not be located in any required
yard of the principle building or use except a side or rear yard or as provided for
elsewhere herein;
(c)
No detached accessory building or structure shall be located closer than six (6) feet
to any main building;
(d)
In no instance shall an accessory building or structure be located within a dedicated
easement right-of-way;
(e)
No accessory building or structures shall be erected prior to the erection of the main
building or structure except for farm dwellings and where the building is necessary
for use during construction of the main building or structure;
(f)
A private swimming pool shall not be located in a required front yard; and
(g)
Boathouses and other recreational structures shall be set back from the shoreline as
determined by Council and/or the Province, and the Federal Government (Oceans
and Fisheries) where applicable. These structures shall occupy a maximum of 25
percent of the shoreline length located in front of each lot for structure development
and clearing of vegetation.
NOXIOUS OR OFFENSIVE USES
6.
(3)
Notwithstanding anything herein contained, no use shall be permitted in any Rural
Residential Zone, General Seasonal Recreation Zone, Seasonal Recreation Residential
Zone and Highway Commercial Zone under this PART which may be noxious or offensive
by reason of the emission or production of odour, dust, refuse matter, wastes, vapour,
smoke, gas, vibration or noise.
HEIGHT OF BUILDINGS AND STRUCTURES
6.
(4)
The maximum height of principal buildings or structures shall be three (3) storeys and of
accessory buildings and structures shall be fifteen (15) feet, except fences which shall be
six (6) feet in the side and rear yards and three and one-half (3.5) feet in the front yard.
79
RURAL ZONES
HEIGHT EXCEPTIONS
6.
(5)
The provisions of this PART shall not apply to limit the height of any farm buildings
including grain elevators and seed plants, ornamental dome, chimney, tower, electrical or
telephone transmission line, television, internet or radio mast, steeple, water storage tank,
electrical apparatus or the mechanical operation of the building provided that no roof
structure or any space above the height limit shall be permitted for the purpose of providing
usable floor area.
The maximum heights of all buildings and structures (including farm) may be determined
and limited by Council if in Council's opinion there is a danger of the buildings or
structures being struck by low flying aircraft during their landing or take-off phase of
flight.
FRONT YARD EXCEPTIONS
6.
(6)
Where in the General Seasonal Recreation Zone and Seasonal Recreation Residential Zone,
sites comprising forty (40) percent or more of the entire frontage of the block (excluding
reversed corner sites) are developed with buildings, the average front yard depths
established by such buildings shall establish the minimum required front yard depths for
the entire frontage of the block provided such average is less than the minimum required
front yard required in the Zone in which the site is located.
PROJECTIONS INTO REQUIRED YARDS
6.
(7)
Required yards shall be provided and maintained in accordance with the provisions of the
Bulk Table and shall be unobstructed from ground level to the sky, except as follows:
(a)
A projection from a building such as eaves, balconies, canopies, stairways, chimneys
may project into any required yard not more than three (3) feet provided the width of
a required side yard is not reduced to less than four (4) feet;
(b)
Open, unenclosed porches, platforms, not covered by a roof or canopy, which do not
extend above the level of the first storey of the building, may extend or project into
any required side or rear yard not more than twelve (12) feet provided the width of a
required side yard is not reduced to less than four (4) feet and may extend or project
into any required front yard not more than ten (10) feet;
(c)
Fences, hedges and lamp posts in the General Seasonal Recreation Zone, and the
Seasonal Recreation Residential Zone shall not exceed a height of six (6) feet above
finished grade in the side and rear yards except in the case of fences required under
various Government Department Regulations. A fence, hedge, trellises shall be
permitted in any required front yard in which case the height shall not exceed three
and one-half (3-1/2) feet; and
(d)
Landscape features, such as trees, shrubs, flowers or plants, shall be permitted
in any required yard provided they do not produce a hedge effect contrary to the
provisions of clause (c) above.
80
RURAL ZONES
SEPARATIONS FOR DWELLING SITES FROM INCOMPATIBLE USES
6.
(8)
A single dwelling site, a Rural Residential Zone, a General Seasonal Recreation Zone, a
Seasonal Recreation Residential Zone or a Highway Commercial Zone containing dwelling
sites shall not be located within:
(i)
Five hundred (500) feet from any aggregate deposit identified in the Development
Plan as valuable unless the deposit has been depleted to be point where no further
extraction will take place and residential development is not objected to by the
Provincial Government;
(ii)
One thousand three hundred and twenty (1,320) feet from a waste disposal ground or
one thousand five hundred (1,500) feet from a sewage lagoon or as recommended by
the Provincial Government;
(iii)
Five hundred (500) feet for single sites or one half (1/2) mile for Rural Residential
Zone, General Seasonal Recreation Zone, Seasonal Recreational Residential Zone
and Highway Commercial Zone from a stationary commercial anhydrous ammonia
tank with a storage capacity exceeding two thousand (2,000) imperial gallons or as
required by the Provincial Government;
(iv)
Three hundred (300) feet from any barn or animal confinement area or concentrated
waste disposal site where there is a production in excess of 1 animal unit and does
not exceed 9 animal units. Dwelling sites of the owner or operator are excepted from
this requirement; and
(v)
The mutual minimum separation distances (defined by policy in Development Plan
By-law No. 01-DP-2010) between livestock operations and single residences and
designated rural residential and seasonal recreation areas are provided for in TABLE
IV-VII: MINIMUM SEPARATION DISTANCES FOR SITING LIVESTOCK
OPERATIONS of this PART, and Section 6. (12) LIVESTOCK OPERATIONS
DEVELOPMENT IN BUFFER AREAS in this PART.
LIVESTOCK OPERATIONS
6.
(9)
The provisions of this subsection shall apply to livestock operations, which shall be
deemed to include animal housing facilities such as barns and similar types of
buildings along with related manure storage facilities, and also to include feedlots
and similar fenced areas where livestock are confined solely for the purpose of
growing and finishing, and are sustained by means other than grazing, including
seasonal feeding areas;
Existing Operations:
(a) Existing livestock operations, that due to their size and/or location, would be
considered as a conditional use in accordance with the provisions of this PART,
shall be deemed to be legally established conditional uses, and any expansion of
the operation shall be administered by the provisions of the Planning Act and this
By-law pertaining to conditional uses.
81
RURAL ZONES
(b) Existing livestock operations which exceed any maximum size requirements
established by this By-law, are deemed to be non-conforming uses as of the date of
adoption of this By-law, and may continue to exist and operate at the level of
production at which they existed on that date, and expansion of the operation will
be administered by the provisions of The Planning Act and this By-law pertaining
to non-conformities. If a non-conforming livestock operation has been discontinued
for more than 12 months, or with Council's approval up to a maximum of 60
months, the land must not be used after that except in conformity with this Zoning
By-law.
(c) Any conditional use order for an existing livestock operation, or variation of a
requirement approved under a previous zoning By-law, will continue to be in full
force and effect.
(d) Where two or more existing or proposed livestock operations involving the
production of the same species of livestock are either:
i)
located within ½ mile (800 m) of one another and are owned by the same
individual, corporate, partnership or other entity, or
ii)
located within ½ mile (800m) of one another and share a common
manure storage facility (regardless of ownership)
they are deemed to be a single livestock operation, and the total number of existing
or proposed animal units in each operation shall be added together for the purpose
of interpreting the requirements of this By-law.
(e)
Livestock operations including animal housing structures and manure storage
facilities shall be setback three hundred twenty-eight (328) feet from property lines.
(f)
To assist in the interpretation of this By-law, the total number of existing and
proposed Animal Units (AUs) cumulative across species, of a livestock operation,
shall be determined in accordance with TABLE IV-VI of this PART.
(g)
The provisions of this By-law are dependent upon a determination of the
production capacity of a livestock operation facility, which shall be based upon the
intensity of use as measured by Animal Units determined in accordance with
TABLE IV-VI by multiplying the number of animals that can be accommodated in
the facility by the animal units produced by one livestock.
(h)
No manure storage facility shall be constructed or located within three hundred and
twenty-eight (328) feet of surface water which is standing or flows either
perennially or intermittently beyond the site of the facility.
(i)
Requirements for setback and separation distances, as provided for in this PART,
shall be measured from the closest point of the barn, feedlot or high density
seasonal feeding area, including any related manure storage facility, to the
property boundary, residence, zoning area boundary or waterbody, as the case may
be.
82
RURAL ZONES
TABLE IV-VI: ANIMAL UNIT SUMMARY TABLE
Animal
Type
AU Produced by
One Livestock
Livestock
Producing One AU
Dairy
Milking Cows, including
associated livestock
2.000
0.5
Beef
Beef Cows, including
associated livestock
Backgrounder
Summer pasture/replacement
heifers
Feeder cattle
1.250
0.500
0.625
0.769
0.8
2
1.6
1.3
Hogs
Sows, farrow to finish
Sows, farrow to weanling
Sows, farrow to nursery
Weanlings
Growers/finishers
Boars (artificial insemination
operations)
1.250
0.313
0.250
0.033
0.143
0.200
0.8
3.2
4
30
7
5
Chickens
Broilers
Roasters
Layers
Pullets
Broiler Breeder Pullets
Broiler Breeder Hens
0.0050
0.0100
0.0083
0.0033
0.0033
0.0100
200
100
120
300
300
100
Turkeys
Broilers
Heavy Toms
Heavy Hens
0.010
0.020
0.010
100
50
100
Horses
(PMU)
Mares, including associated
livestock
1.333
0.75
Sheep
Ewes, including associated
livestock
Feeder Lambs
0.200
0.063
5
16
Current conversion factors are from Manitoba Regulation 193/2005 being the Provincial Land Use
Policies Regulation. The regional agricultural engineer or livestock specialist of Manitoba Agriculture,
Food and Rural Initiatives may be consulted for other livestock or operation types and interpretation of
this TABLE.
NOTE: To calculate the number of AUs for a particular operation, 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.
Changes may be made in this TABLE IV-VI, by the Province, without requiring an amendment to this
By-law.
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RURAL ZONES
LIVESTOCK OPERATIONS DEEMED CONDITIONAL USES
6.(10)
Livestock operations are deemed to be a conditional use when the size of the operation exceeds
three hundred (300) animal units (cumulative across species), irrespective of location, except as
identified in Section 6. (12) of this PART.
LIVESTOCK OPERATIONS IN PROXIMITY TO RESIDENCES AND DESIGNATED
AREAS
6.(11)
The criteria outlined in TABLE IV-VII, applies to all new and expanding livestock operations in
proximity to residences and designated areas as well as siting of new rural residences and
designated areas in proximity to existing livestock operations. These separation distances may be
varied by Council.
TABLE IV-VII: MINIMUM SEPARATION DISTANCES FOR SITING
LIVESTOCK OPERATIONS
Size of Livestock
Operation or
Animal Housing
Facility in
Animal Units
(AUs)
Minimum Separation Distance (feet)
From Single Residences (a)
From Designated Areas (b)
To Earthen Manure
Storage Facility or
Feedlot
To livestock
Buildings and
structures(c)
To Earthen
Manure
Storage
Facility or
Feedlot
To Livestock
Buildings and
Structures(c)
10-100
984
492
2,625
1,739
101-200
1,476
738
3,937
2,625
201-300
1,968
984
5,249
3,511
301-400
2,214
1,107
5,906
3,937
401-800
2,460
1,230
6,561
4,364
801-1,600
2,952
1,476
7,874
5,249
1,601-3,200
3,446
1,722
9,186
6,135
3,201-6,400
3,938
1,968
10,499
6,988
6,401-12,800
4,430
2,214
11,811
7,874
>12,800
4,922
2,460
13,123
8,760
(a)
Residences, excluding the residence of the owner/operator of the livestock operation.
(b)
"Designated Areas" means areas designated as a residential or seasonal recreation area
and any settlement centre as designated in the Development Plan, the corporate limits of a
town, village or city and the limits of an unincorporated local urban district.
(c)
The distance to buildings includes barns, animal housing facilities including seasonal
feeding areas and non-earthen manure storage such as a molehill, tank or other facility
not made out of soil for storing manure, and includes any permanent equipment or
structures in or by which manure is moved to or from the storage facility.
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RURAL ZONES
LIVESTOCK OPERATIONS DEVELOPMENT IN BUFFER AREAS
6.(12) (a)
Notwithstanding the requirements of TABLE IV-VII that are applicable in all cases, there
are additional livestock operation requirements adjacent to the designated urban
community of Erickson, the designated rural residential and seasonal recreation areas, the
Rolling River, and other water bodies. These requirements are included in 6.(12)(b) to(f)
herein;
(b)
The livestock inner and outer zoning overlay areas adjacent to the urban community of
Erickson are illustrated as shaded areas on Zoning Map One. The livestock requirements
are as follows:
(i)
there shall be no new livestock operations located within 2640 feet of urban
policy areas in Erickson. All existing livestock operations within this area (at
date of adoption of this By-law) shall be deemed to be conditional uses and
expansion will require conditional use approval. The maximum size for a
conditional use in this situation shall be 100 animal units; and
(ii)
there shall be a maximum animal unit threshold of 300 animal units between
2640 feet and 5280 feet of the urban policy areas in Erickson. New and
expansion of existing livestock operations over 200 animal units are
conditional uses. Existing livestock operations (at the date of adoption of this
By-law) may expand over 300 animal units;
(c)
Designated rural residential and seasonal recreation areas illustrated on Zoning Map One
have shading located on their outer periphery indicating that there are livestock buffers
adjacent to the designations. The livestock requirements are as follows:
(i)
there shall be no new livestock operations located within 2000 feet of the rural
residential or seasonal recreation designated policy areas. All existing
livestock operations within this area (at the date of adoption of this By-law)
shall be deemed to be conditional uses and expansion will require conditional
approval. The maximum size for a conditional use shall be 100 animal units;
and
(ii)
there shall be a maximum animal unit threshold of 400 animal units between
2000 feet and 5280 feet. All new and expanding operations over 300 animal
units shall be conditional uses. Existing livestock operations (at the date of
adoption of this By-law) may expand over 400 animal units if the conditional
use is approved;
(d)
Livestock operations adjacent to or near water bodies will not be allowed within:
(i)
a distance of 330 feet of the ordinary high water mark of any surface
watercourse, surface water, sinkhole, spring, well and/or property boundary,
nor
(ii)
within any riparian area, nor
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RURAL ZONES
(iii)
any 100 year high water level or flood plain adjacent to a surface water course.
This policy does not apply to existing livestock operations that are provided
for under Manitoba Conservation Livestock Manure and Mortalities
Management Regulations; and
(e)
No new livestock operations over 100 animal units shall be established within an 800 foot
wide buffer from the high water mark and up the backshore from Ditch Lake, Otter Lake,
Kerrs Lake and Sand Lake where the land is zoned "A80" and outside the buffer areas
around designated urban and "RR", "SR", and "SRR" zoned areas. All existing livestock
operations of any size are a conditional use in this buffer area.
(f)
Additional buffering will be required for the Rolling River as it is a significant regional
surface watercourse with significant recreational potential and is a potable water source
for downstream communities. Zoning Map One illustrates by shading that there are
livestock buffer areas adjacent to this waterway. The livestock requirements are as
follows:
(i)
a minimum separation distance of 2000 feet shall be maintained between the
ordinary high water mark of this river and any proposed new livestock
operation. Where the 2000 foot point is located above the river valley slope,
the land above the slope may be treated without this restriction for new
livestock operations with (d) above and conditional use applying for 300
animal unit operations or greater size; and
(ii)
existing livestock operation facilities that are located within these distances
defined in (i) above, may be expanded subject to compliance with Manitoba
Conservation Regulations, except that all expansions must be located a
minimum of 330 feet from the high water mark of the river or greater distance;
(g)
Livestock operations proposed adjacent to single-family residences and designated areas,
other than residences of the owner/operator of the livestock operation, shall also be
subject to the requirements of TABLE IV-VII: MINIMUM SEPARATION DISTANCES
FOR SITING LIVESTOCK OPERATIONS from single residences and designated areas.
These separation distances shall also apply to residences located adjacent to or near
existing livestock operations;
APPLICATION REQUIREMENTS
6.(13) (a)
Where approval for a new or expanding livestock operation is required, the application
shall be accompanied by, in addition to the information required by Section 8
Development Permit of PART II herein:
(i)
site plans, specifications and descriptions, for
- the livestock housing facilities;
- the manure storage facilities including storage and odour control; and
- available land for application of manure.
(ii)
a site plan showing the location of animal housing, manure storage and other
related facilities and their distances from property boundaries and surface water;
and
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RURAL ZONES
(iii)
type of existing and proposed livestock and number of Animal Units (AUs);
(b)
Council shall refer all applications for conditional use, for livestock operations involving
three hundred (300) or more animal units, together with all supporting material to the
Minister of Local Government for referral to the appropriate Regional Technical Review
Committee for review;
(c) Applications for livestock operation under 300 animal units shall be received by the Chief
Administrative Officer (CAO) of the Municipality or the Development officer of the
Planning District.
The Officer shall review the application with respect to applicable Development Plan
policy and Zoning By-law requirements. Where no manure plan is required the operation
shall have access to the amount of suitable land, recommended in the Farm Practices
Guidelines, per animal unit produced in order to have enough land for manure application
requirements.
Complying permitted use operations shall receive an approved Development permit.
Operations that require conditional use approval shall be advised to apply for same. These
applications shall be processed using the Planning Act and the provisions of this By-law
found in PART II - ADMINISTRATION, Section 3.
Non complying applications may mean rejection or the Development Officer may refer
the application to Council and the Planning Board, depending on the issue, for a decision.
(d)
Council may require that an application for a new or expanding livestock operation within
a groundwater sensitivity area, as identified in Appendix "B", Map 3 of The South Riding
Mountain Planning District Development Plan, be accompanied by, in addition to other
information contained in this PART and Section 8 of PART II herein, the following
information:
(i)
an engineering and hydro-geological assessment of soils, surface and groundwater
site features; and
(ii)
a description of mitigative measures to be undertaken to minimize the risk of soil
and groundwater pollution;
(e)
Council may approve a livestock operation subject to conditions as provided for in The
Planning Act, which consist of:
(i)
measures to ensure conformity with the applicable provisions of the development
plan by-law, the zoning by-law and any secondary plan by-laws;
(ii)
one or both of the following measures intended to reduce odours from the livestock
operation:
- requiring covers on manure storage facilities, and
- requiring shelterbelts to be established;
(iii)
requiring the owner of the affected property to enter into a development agreement
dealing with the affected property and any contiguous land owned or leased by the
owner, on one or more of the following matters:
- the timing of construction of any proposed building,
- the control of traffic,
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RURAL ZONES
- the construction or maintenance - at the owner's expense or partly at the owner's
expense, of roads, traffic control devices, fencing, landscaping, shelterbelts or
site drainage works required to service the livestock operation, and
- the payment of a sum of money to the planning district or municipality to be used
to construct anything mentioned in item (iii) above pertaining to construction or
maintenance; and
(iv)
measures to implement recommendations made by the Technical Review
Committee.
SMALL-SCALE AND NON-FARM RESIDENTIAL ACCESSORY LIVESTOCK
FACILITIES
6.
(14)
(a)
The animal confinement facilities, housing 9 or less animal units capacity, and
any associated manure storage facilities shall be set back a distance of three
hundred (300) feet from the designated urban community of Erickson, any
designated rural residential and seasonal recreation areas and three hundred (300)
feet from any dwelling, other than the dwelling of the operator on the same site.
(b)
The farm or non-farm residential site area, upon which the confinement facilities
are found, is not less than five (5) acres in size, and require two (2) acres of land
for each 0.75 animal unit capacity as determined by TABLE IV-VI, to a
maximum of 9 animal unit.
(c)
Small amounts of livestock may be kept for only non-commercial purposes in
Rural Residential
Designated Areas as provided for in TABLE IV-III of this PART.
PROXIMITY OF STATIONARY ANHYDROUS AMMONIA STORAGE TANKS TO
AREAS DESIGNATED FOR RESIDENTIAL DEVELOPMENT
6.
(15)
A stationary anhydrous ammonia storage tank with a storage capacity exceeding two
thousand (2000) imperial gallons shall not be located within two thousand six hundred and
forty (2640) feet of an urban zone, a Rural Residential or Seasonal Recreation Zones or
within five hundred (500) feet of a single dwelling site unless a reduced separation is
recommended by the Provincial Government.
STORAGE OF ANHYDROUS AMMONIA AND OTHER HAZARDOUS CHEMICALS
IN COMMERCIAL ESTABLISHMENTS
6.
(16)
Notwithstanding anything in this PART, there shall be no storage of Anhydrous Ammonia
or other hazardous chemicals in any required front, side or rear yard unless approved by the
authority having jurisdiction.
PROXIMITY OF WASTE DISPOSAL GROUNDS AND SEWAGE LAGOONS TO
SINGLE DWELLING SITES AND DESIGNATED AREA ZONES
6.
(17)
Parcels of land containing waste disposal ground and sewage lagoons shall not be located
within one thousand three hundred and twenty (1320) feet or one thousand five hundred
88
RURAL ZONES
(1500) feet respectively of a dwelling site, an urban zone, a Rural Residential Zone, a
General Seasonal Recreation Zone, or a Seasonal Recreation Residential Zone unless
recommended by the Provincial Government.
PROXIMITY OF AIR LANDING STRIPS TO BUILDINGS AND STRUCTURES AND
OTHER DESIGNATED AREA ZONES
6.(18)
All approved air landing strips when being located in close proximity to buildings or
structures or zoned urban, rural residential or seasonal recreational lands, whether on the
same property or adjoining property, shall be governed by the recommended Federal
(Transport Canada) regulations or recommended guidelines. This requirement is reciprocal
when locating buildings or structures and these designated area zones with respect to air
landing strips.
COMMERCIAL RESORT, AND CONFERENCE CENTRE DEVELOPMENT
PROVISIONS
6.(19) (a)
Where the proposed development consists of a number of single cottage dwellings on the
site, each served by individual septic fields, each dwelling shall be on a minimum space
area of two (2) acres.
Yards must provide
suitable aesthetics and privacy such as
cottage dwelling sites have in the Seasonal Recreation Zone. Where Provincially
approved holding tanks or low pressure piped sewage
systems,
or
Provincially
approved biological sewage systems or where a Provincially approved Municipal piped
sewage system servicing the entire development is being proposed, the space area
required for each dwelling location may be reduced, as permitted by the Provincial
Environmental Officer, to a minimum of fifteen thousand (15000) square feet;
(b)
Where the proposed development consists of one or more buildings, each served by
individual septic fields, with each building containing two, three, or four dwelling units
(maximum 4 dwelling units), each building with two dwelling units shall be located on a
minimum space area of two (2) acres, plus twenty thousand (20,000) square feet of
additional space area for each additional dwelling unit contained within the building.
Yards must provide suitable aesthetics and privacy. Where Provincially approved holding
tanks, or low pressure sewage systems, or Provincially approved biological sewage
systems or where a Provincially approved Municipal piped sewage system servicing
the entire development is being proposed, the space area required for the location of
each building may be reduced, as permitted by the Provincial Environmental Officer, to a
minimum of twenty thousand (20,000) square feet for a building with two dwelling units
and an additional five thousand (5000) square feet for each additional dwelling unit
contained in the building; and
(c)
The development shall be treated as a Planned Unit Development in order to allow
flexibility in design.
In all cases, the overall site area shall be as required in the Bulk
Table.
SIGN REGULATIONS
6.
(20)
The regulations of this section are intended and designed to establish a minimum control of
signs. Such control is deemed essential to promote the health, safety, and general welfare
89
RURAL ZONES
by reducing hazards to pedestrian and vehicular traffic, and by preventing unsightly and
detrimental development having a blighting influence upon residential, recreational,
agricultural and other uses.
(a) (i)
The following signs shall be allowed in the "A80" General Agricultural Zone:
identification signs;
business signs;
bulletin board signs; and
advertising signs, as conditional use.
(ii)
All signs shall not exceed sixty-four (64) square feet in sign surface area;
(b) (i)
The following signs shall be permitted in the Rural Residential Zone, the
General Seasonal Recreation Zone and the Seasonal Recreation Residential
Zone: identification signs, non-illuminated; business signs, non-illuminated;
bulletin board signs;
(ii)
Signs shall not exceed twenty (20) square feet in sign surface area; and
(iii)
Advertising signs shall not be permitted in these zones.
(c)
All signs shall be permitted in the Highway Commercial Zone except advertising
signs which shall be a conditional use. No sign shall exceed a maximum of sixty-
four (64) square feet in sign surface area.
(d)
All free standing signs shall be located fifty (50) feet or as varied from any site line
fronting on a municipal road except identification signs and all signs in the General
Seasonal Recreation Zone and the Seasonal Recreation Residential Zone where they
shall be five (5) feet from all site lines. All signs shall be set back from Provincial
Roads and Highways as required by the Province.
(e)
No sign or sign structures shall be erected at any location where it may interfere
with, obstruct the view of any street, street intersection or railway grade crossing or
be confused with any authorized traffic sign, signal or device.
(f)
No rotating beam or flashing signs shall be permitted in any zone without the
approval of the Council. In any event, these signs shall not be permitted within one
hundred (100) feet of any residential zone.
(g)
All signs and sign structures shall be kept in repair and in proper state of
preservation. Signs which have become obsolete because of discontinuance of the
business, service or activity shall be removed or relocated within thirty (30) days
following such condition.
(h)
It shall be unlawful to erect or maintain any sign on, over or above any land or right-
of-way belonging to the Municipality unless such right, in the case of land other than
90
RURAL ZONES
right-of-way, is established by agreement with the Municipality, and all signs shall
adhere to all the setback requirements of the zone in which they are located.
(i)
Flags, political, civic, educational, religious, temporary, traffic signs, and real estate
signs are permitted in the Rural Zones.
PARKING
6.
(21)
The following requirements apply only in the Rural Residential Zone, the General Seasonal
Recreation Zone and the Seasonal Recreation Residential Zone:
(a)
For residential use, there shall be one (1) parking space per dwelling unit or mobile
home located on the same zoning site, or mobile home space; and
(b)
For non-residential uses, the number of parking spaces for employees, visitors and
customers may be determined by the Council.
LOCATION OF AUTOMOBILE WRECKING ESTABLISHMENTS
6.
(22)
An automobile wrecking establishment shall not be located within one-half (0.5) mile of a
Provincial Trunk Highway or one (1) mile of an Urban area, Seasonal Recreation Zones or
Rural Residential Zone.
STORAGE OF DERELICT VEHICLES
6.
(23)
(i)
Subject to clause (ii), there shall be no storage of derelict automobiles, parts,
other machinery, or products in any required front, side or rear yard within a
rural zone, except in a waste disposal ground or an automobile wrecking
establishment.
(ii)
Where there is storage of derelict automobile parts and other machinery
outside of a building, a continuous compact hedge or continuous row of
evergreen trees expected to attain a height of not less than six (6) feet, or a
six (6) foot high fence or berm shall be provided and maintained along the
periphery of the storage area in a manner that conceals the stored materials
from any public street or road or an adjacent land use.
CAMPGROUND PROVISIONS
6.
(24)
All site plans and operational plans, including allowance of accessory structures, for
campgrounds must be submitted to Council for their consideration and approval prior to
the issuance of a Development Permit. As a guide, where approved piped or campground
owned holding tank sewage disposal and piped water supplies are provided on individual
camping spaces, the space area , yards, perimeter buffers, roads and space service and
hook-ups requirements of the camping space shall be similar to those of Mobile Home
Parks found in TABLE IV-IV and Section 7 of this PART IV. Besides this, all Provincial
requirements for public washrooms and other public facilities must be met.
These requirements shall apply as well in more primitive campgrounds, especially the
Provincial requirement for public washroom facilities of an approved amount and size
and trailer dump stations. The camping spaces may be smaller, to a recommended
91
RURAL ZONES
minimum of 3500 square feet and 40 feet of frontage if on-site sewage facilities are not
provided or allowed other than portable built-in facilities in the recreation vehicle.
HOME-BASED BUSINESSES
6. (25) A home-based business is an accessory use which is carried on for financial gain by an
occupant of a dwelling, and which shall be incidental or secondary to the principle
residential use, subject to the following requirements:
(a) the business activity shall be conducted either in the dwelling, within an accessory
building, or, in the case of the agricultural zone, elsewhere on the same site, subject
to the provisions of this By-law;
(b) the business activity shall be conducted by a person or persons residing in the
dwelling, and person(s) employed or otherwise engaged on the same site as the
business, who do not reside in the dwelling, may not exceed 1 in the "RR" Rural
Residential Zone and 5 in the "A80" General Agriculture Zone;
(c) there shall be no exterior processing or storage in the "RR" Zone. In the "A80" Zone
the location of all exterior processing and storage facilities within 350 feet of a
property boundary shall be subject to Council approval;
(d) in the "RR" Zone, a maximum of 300 square feet of floor area may be devoted to the
business activity;
(e) in the "A80" Zone, a maximum of 1000 square feet of floor area may be devoted to a
business or a maximum of 4000 square feet in a machinery storage building;
(f) one business sign, either free standing or affixed to the wall of the principle or
accessory building, is permitted, not exceeding 20 square feet in the "RR" Zone or 32
square feet in the "A80" Zone; and
(g) the business activity shall not generate undue traffic or congestion, adversely affect
existing municipal infrastructure, adversely affect the amenity and convenience of the
surrounding area, or create a nuisance. In the "RR" Zone, the residential character of
the property shall be maintained.
CONDOMINIUM SUBDIVISION OF LAND
6.
(26)
Notwithstanding anything herein contained and with reference to the General Seasonal
Recreation Zone, and the Seasonal Recreation Residential Zone, the following bulk
regulations shall apply:
(i)
Existing bare land unit developments as described in the Condominium Act
of the Province of Manitoba, and any existing structure situated on any such
unit shall be deemed to comply with the bulk requirements of the General
Seasonal Recreation Zone and Season Recreation Residential Zone;
(ii)
For the purpose of the General Seasonal Recreation Zone and Seasonal
Recreation Residential Zone, a bare land unit title is a zoning site; and
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RURAL ZONES
(iii)
New development, any structural alteration or any replacement to any
existing structure shall conform to all respects to the bulk regulations
(including site area and yards) as set out in TABLE IV- IV of this PART or
as varied.
ONLY ONE MAIN BUILDING OR USE ON A SITE
6.
(27)
There shall be only one main building and one main use on a site except herein
otherwise stated. For purposes of yard regulations, the following dwellings with common
party walls shall be considered as one building occupying one site: semi-detached duplex,
triplex, four-plex, row or town houses, apartment block and condominium.
NUMBER OF SINGLE-FAMILY DWELLINGS AND COTTAGES PER PARCEL OR
CONDO UNITS OF LAND
6.
(28)
There shall be only one single-family dwelling or cottage per parcel or condo unit which
meets all zoning site requirements or as varied except for the exceptions provided in this
By-law, including the infill of existing leased lots (at this By-law adoption), dwellings for
farmers or their staff on the farm, within or adjacent to the farm yard, mobile homes in a
mobile home park, and guest cabins located within an approved commercial resort.
MULTIPLE USES
6.
(29)
Where any land or building is used for more than one purpose, all provisions of this By-
law relating to each use shall be satisfied. Where there is conflict such as in the case of
site area and site frontage, the higher or more stringent requirement shall prevail.
In some cases, as determined by Council, the site area requirement may equal the sum of
site area requirements for all uses.
WIND TURBINE GENERATOR STATION DEVELOPMENT PROVISIONS
6.
(30)
In addition to the other requirements in this Zoning By-law found in TABLES IV-I and
IV-II, the following provisions shall apply to the development of Wind Turbine Generator
Stations (WTGS) as conditional uses on sites within the "A80" Zone. Agricultural land
uses may co-exist with (WTGS) on these parcels.
(a)
A conditional use application to establish one or more wind turbine generator
station(s) (WTGS) may include one or more turbine(s) on a parcel of land or a
network of turbines and associated structures located on different parcels of land at
different locations in the municipality respectively, provided that all structures will
be operated by the same corporate entity. For the purposes of this By-law, an
application involving more than one parcel of land and (WTGS) shall be processed
as one application, with the provision that a separate conditional approval shall be
issued for each separate parcel of land and/or (WTGS).
93
RURAL ZONES
(b)
Proponents of a wind turbine generator station (WTGS) shall submit, to the
Development Officer a detailed site plan showing the location of all wind turbines,
electrical lines (above or below ground), on-site roads and driveways providing
access to the public road system as part of the conditional use application.
Proposals for additional infrastructure will require additional conditional use
approval.
(c)
Proponents of a (WTGS) 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
Transportation and Manitoba Conservation, prior to the issuance of a development
permit.
(d)
When locating a proposed wind turbine in the vicinity of any registered or certified
airport all Transport Canada regulations or recommendations for certified airports
regarding height and location of surrounding buildings and structures shall be
followed.
(e)
A development permit shall be obtained prior to the commencement of
construction.
(f)
The colour scheme of a commercial wind turbine and associated signage affixed to
the structure shall be subject to the approval of Council. Any illumination of the
facility shall be arranged so that it does not create glare at any nearby property or
public roadway. Both of these items must be dealt with in a manner consistent with
any applicable Federal Government regulations.
(g)
All private single wind turbine systems located on the same site and in direct
support of either a permitted or conditionally approved single private agricultural
activity or private residential activity shall be treated as an accessory structure.
This structure shall be set back from the property line a minimum distance equal to
its total height, measured from the ground to the extent of its rotors.
(h)
The WTGS facility shall be separated by a distance of two thousand six hundred
and forty (2640) from any designated Wildlife Management Area or
Provincial Park.
LOCATION OF GAME FARMS
6.
(31)
Game farms used for the production of elk, moose or buffalo for commercial
meat shall not locate within three (3) miles of the Southern Boundary of Riding
Mountain National Park.
EXISTING COTTAGE LEASES
6.
(32)
Notwithstanding anything herein contained and with reference to the General
Seasonal Recreation Zone only, the following bulk regulations shall apply:
(i)
existing leased cottage spaces proposed for conversion to cottage zoning
sites, as of the time of this amendment, and existing structures situated
94
RURAL ZONES
on any such leased lot shall be deemed to comply with the bulk site
requirements of the General Seasonal Recreation Zone;
(ii)
new buildings, any structural alteration or any replacement to any
existing structure shall conform to the bulk yard regulations as set out in
TABLE IV - IV of this PART or as varied; and
(iii)
where these leased spaces are less than fifteen thousand (15,000) square feet
in area and are proposed to be subdivided into lots, a holding tank or other
suitable approved sewage disposal system designed for small sites shall be
installed immediately as a condition of subdivision approval.
MOBILE HOME PARK DEVELOPMENT PROVISIONS
7.
In addition to the preceding bulk requirements, the following requirements shall apply to mobile
home parks and their accessory buildings and structures in the General Seasonal Recreation Zone.
MOBILE HOME PARK
7.
(1)
A mobile home park shall contain a minimum of five (5) mobile home spaces
and shall have a minimum site width of three hundred (300) feet.
BUFFER AREA
7.
(2)
A buffer area at least twenty (20) feet in width shall be provided within and
adjacent to the perimeter of the mobile home park property.
DEVELOPMENT OF THE BUFFER AREA
7.
(3)
(a)
The buffer area provided in subsection (2) above shall be developed as an
area suitably landscaped with trees, shrubs, grass and similar horticultural
features as shown on the site plans submitted pursuant to subsection (12) of
this section;
(b)
The buffer area may be crossed by an access right-of-way a minimum of
fifty (50) feet in width containing a concrete, gravel, or asphalt driveway
from a street to the internal roadway system; and
(c)
The buffer area shall contain no use other than those permitted by clauses
(a) and (b) above.
LOCATION OF STORAGE COMPOUND
7.
(4)
A storage compound shall not be located within the buffer area provided but shall
be located according to the site plan approved by the Council.
MOBILE HOME PARK OR SUBDIVISION INTERNAL ROADWAY SYSTEM
7.
(5)
Internal roadways within a mobile home park shall be as follows:
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RURAL ZONES
(a)
The internal roadway system shall have a right-of-way a minimum of
fifty (50) feet in width; and
(b)
The internal roadway system shall have a concrete or asphalt or gravel
driveway a minimum of twenty-five (25) feet in width.
NUMBER OF MOBILE HOMES
7.
(6)
There shall not be more than one mobile home located on a mobile home space in
a mobile home park.
DISTANCE FROM STORAGE COMPOUND, COMMON PARKING, SERVICE
BUILDING
7.
(7)
A mobile home shall be located a minimum distance of twelve (12) feet away
from a common storage compound or a common parking area and twenty (20) feet
from a service building in a mobile home park.
REQUIRED SERVICES FOR MOBILE HOME SPACE
7.
(8)
A mobile home space shall be provided with the following:
(a)
a Provincially approved sewage system;
(b)
an approved potable water supply that is satisfactory to Council and the
Province;
(c)
an electrical service outlet; and
(d)
an adequate base support for the mobile home.
REQUIRED SERVICES FOR MOBILE HOME PARK
7.
(9)
A mobile home park shall be provided with:
(a)
an adequate street lighting system, satisfactory to Council; and
(b)
any other services that Council considers necessary for the public health
and safety.
LOCATION OF ACCESSORY BUILDINGS
7.
(10)
Notwithstanding anything herein provided, no detached accessory building or
structure shall be located within (6) feet a mobile home, on the same site or (8) feet
of a mobile home on an adjoining space, clear of all projections. Detached
accessory buildings or structures shall be located only in the rear yard.
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RURAL ZONES
ACCESSORY STRUCTURES AND BUILDINGS
7.
(11)
All accessory structures and buildings such as porches, additions, carports,
skirting and storage facilities shall be painted or pre-finished and maintained so
that the design, construction and maintenance, in the opinion of the Council, will
compliment the main structure.
SITE PLANS - REQUIREMENTS
7. (12) Mobile Home Park plans submitted to Council for approval shall be drawn to scale
and fully dimensioned indicating landscaping, access roads, mobile home spaces,
buffers, common storage compounds, parking and recreation areas, retention and
drainage of surface water and shall include space dimensions and such other information
as may be necessary to determine conformance with this By-law.
MOBILE HOME STANDARDS
7. (13)
All mobile homes, travel trailers or recreation vehicles must meet all structural standards
pertaining to the structure including The Buildings and Mobile Homes Act, Chapter B93,
S.M. 1977.