Municipality of Glenella-Lansdowne Zoning By-law No. 14/2018
Municipality of Glenella – Lansdowne, Manitoba
· adopted 2018-11-20
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Municipality of Glenella-Lansdowne
Zoning By-law
By-law No. 14/2018
October 2018
Prepared By:
Prepared For:
The Municipality of Glenella-Lansdowne
BYLAW NO. 14/2018
THE MUNICIPALITY OF GLENELLA-LANSDOWNE
ZONING BY-LAW
A bylaw of the Municipality of Glenella-Lansdowne to regulate the use and development of land.
WHEREAS, Section 68 of The Planning Act requires a municipality to adopt a zoning bylaw that
is generally consistent with the development plan bylaw in effect in the municipality;
AND WHEREAS, under Part 4 Division 1 of The Planning Act, the Neepawa and Area Planning
District has, by bylaw, adopted the Neepawa and Area Planning District Development Plan;
NOW THEREFORE, the Council of the Municipality of Glenella-Lansdowne in meeting duly
assembled, enacts as follows:
1.
Bylaws 2074/00 and 6-2004, as amended, are repealed
2. The Zoning Bylaw No. 14/2018 attached is hereby adopted
3. The Bylaw shall be known as the Municipality of Glenella-Lansdowne Zoning By-law
4. This Bylaw shall come into force on the date of Third Reading.
DONE AND PASSED in Council duly assembled at the Municipality of Glenella-Lansdowne,
Manitoba, this 20th of November, 2018.
-------------------------------------------------------
Signature of Reeve
------------------------------------------------------
Signature of Chief Administrative Officer
READ A FIRST TIME this 9th day of August, 2018.
READ A SECOND TIME this 10th day of October, 2018.
READ A THIRD TIME this 20th day of November, 2018.
List of Amendments
By-law No.
Date of Adoption
Purpose of Amendment
TABLE OF CONTENTS
PART 1 ADMINISTRATION ............................................................................................................................................ 1
1.1
TITLE ......................................................................................................................................................................... 1
1.2
SCOPE ........................................................................................................................................................................ 1
1.3
EFFECTIVE DATE ...................................................................................................................................................... 1
1.4
APPLICATION ........................................................................................................................................................... 1
1.5
USE AND DEVELOPMENT OF LAND AND BUILDINGS MUST COMPLY ................................................................. 1
1.6
RESTRICTIONS IN OTHER BY-LAWS OR FEDERAL AND PROVINCIAL LAWS ....................................................... 1
1.7
ADMINISTRATION AND ENFORECEMENT.............................................................................................................. 1
1.8
UNITS OF MEASUREMENT ...................................................................................................................................... 1
1.9
DEVELOPMENT PERMITS ........................................................................................................................................ 2
1.10
BUILDING PERMITS ................................................................................................................................................. 3
1.11
RESPONSIBILITIES ................................................................................................................................................... 4
1.12
APPLICATION FOR AMENDMENTS, VARIANCES AND CONDITIONAL USES ....................................................... 5
1.13
CONDITIONAL USE ................................................................................................................................................... 5
1.14
VARIANCES............................................................................................................................................................... 6
1.15
DEVELOPMENT AGREEMENTS ................................................................................................................................ 6
1.16
NON-CONFORMING USES ........................................................................................................................................ 6
1.17
CHANGE OF OWNERSHIP......................................................................................................................................... 7
1.18
ACQUISITION OF LAND ............................................................................................................................................ 7
1.19
FEES ........................................................................................................................................................................... 7
PART 2 DEFINITIONS ...................................................................................................................................................... 8
2.1
RULES OF CONSTRUCTION...................................................................................................................................... 8
2.2
DEFINITIONS IN THE PLANNING ACT .................................................................................................................... 8
2.3
ZONING MAPS .......................................................................................................................................................... 8
2.4
DEFINITIONS ............................................................................................................................................................ 9
PART 3 GENERAL REGULATIONS ............................................................................................................................ 21
3.1
REGULATION OF USES ........................................................................................................................................... 21
3.2
ACCESSORY BUILDINGS, STRUCTURES OR USES ................................................................................................ 21
3.3
TEMPORARY BUILDINGS, STRUCTURES OR USES .............................................................................................. 21
3.4
DWELLING UNITS PERMITTED ON A PARCEL...................................................................................................... 22
3.5
OUTSIDE STORAGE ................................................................................................................................................ 22
3.6
EXTERNAL SOLID FUEL FIRED HEATING APPLIANCES ....................................................................................... 22
3.7
MUNICIPAL SERVICING ......................................................................................................................................... 22
3.8
BASEMENT DWELLING UNIT ................................................................................................................................ 22
3.9
NOXIOUS OR OFFENSIVE USES ............................................................................................................................. 23
3.10
PHYSICAL HAZARDS .............................................................................................................................................. 23
3.11
PROXIMITY OF BUILDINGS AND STRUCTURES TO AIR LANDING STRIPS ........................................................ 23
3.12
PUBLIC ROAD ACCESS ........................................................................................................................................... 23
3.13
MULTIPLE USES ..................................................................................................................................................... 24
3.14
PUBLIC UTILITIES, SERVICES AND BUILDINGS ................................................................................................... 24
3.15
AREA AND YARD REQUIREMENTS........................................................................................................................ 24
3.16
PROJECTIONS INTO REQUIRED YARDS ................................................................................................................ 24
3.17
HEIGHT EXCEPTIONS............................................................................................................................................. 25
3.18
FENCES .................................................................................................................................................................... 25
3.19
STORAGE AND SCREENING OF DERELICT AUTOMOBILES, PARTS AND OTHER MACHINERY ......................... 26
3.20
CORNER ALIGNMENTS .......................................................................................................................................... 26
3.21
PARKING AND LOADING ........................................................................................................................................ 26
3.22
ACCESSORY SIGNS ................................................................................................................................................. 29
PART 4 ZONES ................................................................................................................................................................. 33
4.1
LAND USE CATEGORIES ......................................................................................................................................... 33
4.2
ESTABLISHMENT OF ZONES.................................................................................................................................. 33
4.3
LAND USE REGULATIONS ...................................................................................................................................... 34
PART 5 USE-SPECIFIC REGULATIONS................................................................................................................... 45
5.1
SWIMMING POOLS AND HOT TUBS ...................................................................................................................... 45
5.2
STANDARDS FOR SEWAGE TREATMENT SITES (LAGOON) ................................................................................. 45
5.3
STANDARDS FOR WASTE DISPOSAL SITES .......................................................................................................... 45
5.4
SEPARATION DISTANCES FOR ANHYDROUS AMMONIA STORAGE FACILITIES ............................................... 45
5.5
SEPARATION DISTANCES FOR DANGEROUS GOODS OR AGRICHEMICAL STORAGE FACILITIES ..................... 46
5.6
SPECIAL REGULATIONS FOR MOBILE HOME PARKS ........................................................................................... 46
5.7
STANDARDS FOR WIND ENERGY GENERATING SYSTEMS ................................................................................. 47
5.8
ANIMAL KEEPING .................................................................................................................................................. 47
5.9
LIVESTOCK OPERATION REQUIREMENTS............................................................................................................ 47
5.10
SECONDARY SUITES .............................................................................................................................................. 50
5.11
HOME OCCUPATIONS AND HOME INDUSTRIES .................................................................................................. 51
5.12
PLANNED UNIT DEVELOPMENTS ......................................................................................................................... 52
5.13
PRIVATE COMMUNICATION FACILITIES ............................................................................................................. 53
5.14
METAL SHIPPING CONTAINERS............................................................................................................................ 53
5.15
CANVAS AND TENT STRUCTURES ....................................................................................................................... 53
5.16
AGGREGATE RESOURCES....................................................................................................................................... 54
PART 6 SCHEDULES ...................................................................................................................................................... 55
Municipality of Glenella-Lansdowne Zoning By-law
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PART 1
ADMINISTRATION
1.1
TITLE
This By-law shall be known as the Municipality of Glenella-Lansdowne Zoning By-law (By-law).
1.2
SCOPE
This by-law applies to all lands in the Municipality of Glenella-Lansdowne indicated on Map 1 of Schedule A
of this By-law.
1.3
EFFECTIVE DATE
This By-law shall be in full force and effect when it is given third reading by the Municipality of Glenella-
Lansdowne Council.
1.4
APPLICATION
This by-law regulates:
a.
The construction, erection, alteration, enlargement or placing of buildings and structures;
b. The establishment, alteration, or enlargement of uses of land, buildings and structures; and
c.
All other forms of development not included above.
1.5
USE AND DEVELOPMENT OF LAND AND BUILDINGS MUST COMPLY
Within the Municipality of Glenella-Lansdowne, no land, building or structure shall be used or occupied,
and no building or structure shall be constructed, erected, altered, enlarged or placed, except in accordance
with this By-law.
1.6
RESTRICTIONS IN OTHER BY-LAWS OR FEDERAL AND PROVINCIAL LAWS
Whenever a provision of another by-law or a law or regulation of the provincial or federal government
contains a restriction governing the same subject matter contained in this by-law, or imposes inconsistent
regulations with respect to uses, buildings, or structures, the most restrictive or highest standard shall
prevail.
1.7
ADMINISTRATION AND ENFORECEMENT
a.
The enforcement of this By-law shall be in accordance with the Act and the conducted by the
Municipality of Glenella-Lansdowne.
b. An existing building, structure or use which was illegal under the provisions of any zoning by-law in
force on the effective date of this By-law and amendments thereto shall not become or be made legal
solely because of the adoption of this By-law; and to the extent that, and in any manner that, said illegal
building, structure or use conflicts with the requirements of this By-law, said building, structure, or use
remains illegals hereunder, unless otherwise provided for herein.
1.8
UNITS OF MEASUREMENT
For convenience, this by-law contains both metric and imperial measurements. In cases where a
discrepancy occurs between the metric and imperial standards, the imperial unit shall govern.
Municipality of Glenella-Lansdowne Zoning By-law
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1.9
DEVELOPMENT PERMITS
1.9.1
WHEN DEVELOPMENT PERMITS ARE REQUIRED
A development permit is required for any of the following, except as otherwise provided for in this By-law:
a.
The erection, construction, enlargement, structural alteration or placing of a building or structure,
either permanent or temporary;
b. The establishment of a use of land or a building or structure;
c.
The alteration or enlargement of an approved conditional use;
d. The relocation, removal or demolition of any building or structure;
e.
The increase or decrease of the average grade of a yard by 15 centimetres (6 inches) or more in height;
and
f.
Sand and gravel operations from which more than 10 cubic yards of quarry materials are removed
annually and is operated for any purpose except in the personal use of an owner who is a natural
person.
1.9.2
WHEN DEVELOPMENT PERMITS ARE NOT REQUIRED
A development permit is not required for the following, however, all items listed in this provision shall be
subject to requirements of this By-law:
a.
Incidental alterations;
b. Agricultural cropping of land; and
c.
The erection, construction, enlargement, structural alteration or placing of the following as accessory
structures:
(i)
fences, gates, or other enclosures less than 1.83 metres (6 feet) in height;
(ii)
signs, not including advertising signs where they are conditional uses;
(iii) outdoor lighting;
(iv)
flagpoles;
(v)
sheds and buildings for the storage of domestic equipment and supplies with a floor area of less
than 9.29 square metres (100 square feet);
(vi)
garden houses or children's play houses;
(vii) private communication facilities;
(viii) unenclosed patios at grade level; and
(ix)
general landscaping and the planting or removal of trees and hedges intended as a shelterbelt or
buffer, except where said landscaping results in a change in the average grade of the site by 15
centimetres (6 inches) or more in height.
1.9.3
OTHER PERMITS AND LICENSES
It is the applicant/owner's responsibility to obtain all necessary permits, licenses and approvals relating to
the building and site from the property authorities, including but not limited to: electrical, plumbing,
occupancy, sewer and water, lot grade, signage, blasting, and any other approvals, licenses and permits, as
may be required to comply with applicable municipal, provincial and federal regulations.
1.9.4
PERMIT APPLICATION REQUIREMENTS
An application for a development permit:
a.
Shall be made by the owner or owners of the parcel in question, or by a person authorized in writing by
them;
b. Shall be accompanied by plans drawn to scale showing the following:
Municipality of Glenella-Lansdowne Zoning By-law
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(i)
the shape and dimensions of the parcel to be used or built on;
(ii)
the location and dimensions of existing buildings and structures;
(iii)
the location and dimensions of any proposed building, structure, enlargement or alteration;
(iv)
the use or uses of each existing and proposed building and structure, or of the land, and the area to
be occupied by each use; and
(v)
vehicular access, utility connections, parking areas, loading areas, or signage (where applicable);
c.
Shall be accompanied by the fee prescribed by the Municipality of Glenella-Lansdowne; and
d. Shall include such other information as required by the Council or Board, including:
(vi)
existing or proposed building or structural alterations;
(vii) existing or proposed use of the building and land;
(viii) the number and location of automobile parking spaces and loading spaces;
(ix)
the number of families, dwelling units or rental units the building is designed to accommodate;
(x)
conditions existing on site;
(xi)
current copies of relevant titles, easements, or caveats;
(xii) a survey certificate prepared by a Manitoba Land Surveyor, within five (5) years of the date of the
application; and
(xiii) such other matters as may be necessary to determine conformance with and provide for the
enforcement of this by-law.
1.9.5
DEVELOPMENT PERMIT VALIDITY
The following provisions apply to permit validity:
a.
When an application for a development permit has been approved, the development to be carried out
shall conform in all respects to the terms, provisions and specification of the permit as finally approved;
b. Unless a development permit is suspended, cancelled, or specified by the Designated Officer to remain in
effect for less than twelve (12) months, a development permit remains in effect for 12 months from the
date of issue; and
c.
Prior to its expiry date, a development permit may be extended by the Designated Officer for an
additional period or periods of not more than 12 months, however, if one or more of the following
situations has occurred and the subject development has not commenced, the permit shall not be
extended:
(i)
the development standards pertaining to the development have changed since the development
permit was issued;
(ii)
the land use considerations involved with the development permit have changed;
(iii) the development permit does not conform to any amendment to the development plan;
(iv)
the development permit does not conform to any amendment of the zoning by-law; or
(v)
any other consideration which, in the opinion of Council, makes the development permit now
inappropriate.
1.10
BUILDING PERMITS
The following provisions apply to building permits:
a.
Unless otherwise provided for herein, building permits issued prior to the effective date of this By-law
shall be considered valid for the purpose of this By-law provided all the conditions under which the
permit was issued are complied with; and
Municipality of Glenella-Lansdowne Zoning By-law
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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 applying to the zone in
which it is to be located.
1.11
RESPONSIBILITIES
1.11.1
THE DESIGNATED OFFICER
The Designated Officer shall have authority to:
a.
Issue development permits and exercise the powers of administration, inspection, remedy and
enforcement provided in Part 12 of the Act;
b. Refuse to issue a development permit where:
(i)
the development permit application, or any information accompanying the development permit
application, is incorrect or incomplete; or
(ii)
the proposed building, structure or use does not, to the Designated Officer's knowledge, comply
with this By-law, the building by-law, the Manitoba Building Code or with any other law;
c.
Revoke a development permit where the development permit was issued in error;
d. Defer approving an application for a development permit provided for in the Act:
(i)
which would result in a violation of this By-law or any by-law of the Municipality of Glenella-
Lansdowne; or
(ii)
to any person who has failed to pay any fees owing to the Neepawa and Area Planning District
under the zoning by-law; and
e.
Make a minor variance order, without the need for a public hearing, for any proposed change that varies:
(iii)
any height, distance, area, size or intensity of use requirement in the zoning by-law by no more
than ten (10) percent, or as governed by the Act, whichever is greater; or
(iv)
the number of parking spaces required by the zoning by-law by no more than ten (10) percent, or
as governed by the Act, whichever is greater.
1.11.2
COUNCIL
Subject to provisions of the Act, the Council is responsible for:
a.
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; and
d. Approving or rejecting conditional use applications, and may revoke the authorized conditional use for
any violation of any conditions imposed by it.
1.11.3
PLANNING DISTRICT BOARD
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 the provisions of the Neepawa and Area Planning District Development Plan and
the Act, where applicable;
c.
Processing applications to be submitted to Council for amendments, variation orders and conditional
uses and the collection of fees as provided for herein; and
d. Establishing a schedule of fees as provided for in this By-law.
Municipality of Glenella-Lansdowne Zoning By-law
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1.11.4
THE OWNER
Every owner shall:
a.
Permit the Designated Officer to enter any building or premises at any reasonable tie for the purpose of
administering or enforcing this By-law and shall not obstruct or interfere with the Designated Officer in
the discharge of their duties under this By-law; and
b. After a development application has been approved and the permit issued, obtain the written approval
of the Designated Officer before doing any work at variance with the approved documents filed.
1.12
APPLICATION FOR AMENDMENTS, VARIANCES AND CONDITIONAL USES
An application for an amendment, variance or conditional use to this By-law must be in the proper form
and must be accompanied by the fee prescribed by the municipality. The application must also be
accompanied by:
a.
Plans drawn to scale showing the shape and dimensions of the affected property;
b. Plans drawn to scale showing the location and dimensions of existing buildings and structures;
c.
Plans drawn to scale showing the location and dimensions of the proposed building, structure
enlargement or alteration;
d. For multi-unit and multi-tenant developments, identification of garbage, loading and emergency vehicle
access should be included in the plan;
e.
A description of the use or uses of each existing and proposed building or structure, or of the land and
the area to be occupied by each use;
f.
A description of the reason why the variance, conditional use, or amendment to this by-law is being
requested; and
g.
Any other information required by the Designated Officer to determine compliance with, and to provide
for enforcement of, this By-law.
Council shall decide whether to reject or accept an amendment application within 60 days of receipt of the
application.
1.13
CONDITIONAL USE
1.13.1
INTENT
A conditional use is the use of a building, structure or use of land that may be unique in its characteristics or
operation, which could have an impact on abutting or adjacent properties. In accordance with the Act,
conditional uses are listed as "Conditional" within the use tables of this By-law.
1.13.2 EXPIRY
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. Council may extend this
deadline for an additional period not longer than 12 months if an application is received before the initial
deadline.
1.13.3 EXISTING CONDITIONAL USE
Where an existing use, listed as permitted or conditional, under a previous by-law and amendments thereto,
is listed as conditional under this By-law, it shall be considered a legally existing conditional use and be
subject to the Conditional Uses Section of this By-law and provisions of the Act.
1.13.4 MODIFICATION TO AN EXISTING CONDITIONAL USE
Any modification of a conditional use, including the modification of any condition imposed on the approval
of a conditional use, shall be subject to the same process required to approve a new conditional use.
Municipality of Glenella-Lansdowne Zoning By-law
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1.14
VARIANCES
1.14.1
INTENT
A variance is an administrative exception to the By-law's land use regulations, generally in order to remedy
a deficiency which would prevent the property from complying with the zoning regulation. Any person
may apply for a variance order, in accordance with the Act, with respect to the following:
a.
The site and other requirements contained in the Use and Site Requirements and Bulk Regulations
Sections herein;
b. Requirements for parking and signs;
c.
Requirements for projections into yards; or
d. Other matters specified in the Act.
A variance order must not be made if it makes a change of land use other than a temporary change of land
use for a period of not more than five (5) years, or a change of land use to a use that is substantially similar to
a use permitted under the Zoning By-law.
1.14.2 EXPIRY
A variance order will expire and cease to have any effect if it is not acted upon within twelve (12) months of
the date of the decision.
1.14.3 EXISTING VARIANCE ORDERS
Where a building, structure or use established by a variance order under the previous by-law and
amendments thereto, and exists as a permitted order at the date of the adoption of this By-law or
amendments thereto, it shall be considered as legally conforming.
1.14.4 MINOR VARIANCES
The Designated Officer may approve, in accordance with the Act, minor variances by no more than what is
defined in the Act, governing height, distance, area, size or intensity of use requirement and/or the number of
parking spaces required by this Zoning By-law.
1.15
DEVELOPMENT AGREEMENTS
Where an application is made under this By-law, or as otherwise permitted in the Act, the Council may
require the owner of the affected land, building or structure to enter into a development agreement, as a
condition to its enactment in respect of the affected property or any contiguous land owned or leased by
the owner.
1.15.1
CAVEATS
A development agreement pursuant to this section may be registered in the Land Titles Office in the form of
a caveat against the Certificate of Title for the land that is the subject of the development agreement. A
caveat registered pursuant to this section shall be discharged by the municipality when the requirements
and conditions of the development agreement have been met.
1.16
NON-CONFORMING USES
Non-conformity means a building, structure, parcel of land or use of land which lawfully existed prior to the
effective date of this by-law or amendments thereto, but does not conform to the provisions contained
within the by-law or amendments thereto. A non-conforming use shall be regulated in accordance with and
subject to the provisions of the Act, unless otherwise provided for herein. Any fees made to the Designated
Officer for the issuance of a certificate of non-conformity in accordance with the Act, or the acceptable form
of application shall be determined by Council.
Municipality of Glenella-Lansdowne Zoning By-law
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1.16.1
DISCONTINUANCE OF NON-CONFORMING USE
A non-conforming use of land, or the intensity of the use of land may be continued but if the non-
conforming use, or non-conforming intensity of use, has been discontinued for a period of twelve (12)
consecutive months or more, any future use of the land shall conform to the provisions of this Zoning By-
law. Council may authorize a variance to extend this timeline by no more than 12 additional months.
1.16.2 CHANGES TO A NON-CONFORMING BUILDING, STRUCTURE, USES OR PARCEL
The Designated Officer may permit construction in respect of an existing non-conforming building or
structure provided the construction does not increase the non-conformity and the building or structure
otherwise conforms to the zoning by-law, other by-laws and any approved variance orders.
The Designated Officer may permit the use of an existing non-conforming parcel of land for any permitted
use under the zoning by-law and, if all other requirements of the by-law such as yards, building height, and
floor area are met, construct or alter a building on the land.
Council may permit the following changes to existing non-conforming buildings, structures, uses or parcels
of land by variance, subject to the provisions of the Act:
a.
Maintenance or reconstruction, structural alteration or addition to a building or structure beyond that
described in 89(1) of the Act;
b. An increase in the intensity of an existing non-conforming use, other than a variance to increase the
number of animal units in a non-conforming livestock operation; and
c.
Erection or location of permitted accessory buildings, structures and uses in accordance with the Use
Tables of this zoning by-law.
Where any of the above changes do not result in the elimination of the non-conformity, the subject building,
structure, use or parcel of land shall retain its non-conforming status.
1.16.3 REPAIR OR REBUILD
If a non-conforming building or structure is damaged or destroyed to the extent of more than 50% of the
assessed market value (as shown on the current assessment roll of the Municipality) of the building or
structure, the building or structure shall not be repaired or rebuilt except in conformity with the Zoning
By-law, unless a variance order has been obtained authorizing the repair or rebuilding of the non-
conforming building or structure.
1.17
CHANGE OF OWNERSHIP
The use of land or use of a building or structure is not affected by reason only of a change of ownership,
tenancy or occupancy of the land, building or structure.
1.18
ACQUISITION OF LAND
A site area or site width or required yard reduced below the minimum requirements of this By-law by virtue
of the acquisition of land for a public works, street or public utility shall be deemed to conform to the
requirements of this By-law.
1.19
FEES
Fees for amendments to this zoning by-law, variance orders, conditional use orders, development permits,
appeals and zoning memorandums shall be established by the Neepawa and Area Planning District by by-
law or resolution.
Municipality of Glenella-Lansdowne Zoning By-law
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PART 2 DEFINITIONS
2.1
RULES OF CONSTRUCTION
The following rules of construction apply to the text of this By-law:
a.
Words, phrases and terms defined herein shall be given the defined meaning;
b. Words, phrases and terms not defined herein, but defined in the Act and the Building, Electrical, or
Plumbing By-laws of the Municipality of Glenella-Lansdowne, 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 Municipality of Glenella-Lansdowne 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", "maintained for" or "occupied for"; and
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; and
(iv)
the word "includes" shall not limit a term to the specific examples, but is intended to extend
the meaning to all instances or circumstances of like kind or character.
2.2
DEFINITIONS IN THE PLANNING ACT
Terms not defined in this by-law which are defined in The Planning Act (the Act) have the meaning
provided in that act.
2.3
ZONING MAPS
2.3.1
MAP
The location and boundaries of the zones are shown upon a series of Zoning Maps attached hereto,
marked as Schedule "A" within this By-law. Said Zoning Maps form a part of this By-law. All notations,
references, and other information shown therein, together with any amendments made by amending By-
laws from time to time and shown therein, together with amendments to boundaries in the case of any
street, lane, or public utility right-of-way closing, shall be as much a part of this By-law as if the matters
and information set for by said Zoning Maps were fully described herein.
2.3.2
BOUNDARY DETERMINATION
Should uncertainty or dispute arise relative to the precise location of the boundary of any zoning
district, as depicted on the Zoning Maps, the location shall be determined by the following:
Municipality of Glenella-Lansdowne Zoning By-law
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a.
Where a zoning district boundary is shown as approximately following the centre of streets, lanes, or
other public thoroughfares, it shall be deemed to follow the centre line thereof;
b. Where a zoning district boundary is shown as approximately following the boundary of a site, the site
boundary shall be deemed to be the boundary of the zoning district for that portion of the zoning
district boundary which approximates the site boundary;
c.
Where a zoning district boundary is shown approximately following municipal limits, it shall be
deemed to be following municipal limits;
d. Where a zoning district boundary is shown as approximately following the centre of pipelines,
railway lines, or utility easements, it shall be deemed to follow the centre line of the right-of-way
thereof;
e.
Where a zoning district is shown as approximately following a topographic contour line or a top-of-
bank line, it shall be deemed to follow the said line. In the event of a change in the said line, it shall be
deemed as moving with that line;
f.
Where a zoning district boundary is shown as being parallel to or as an extension of features noted
above, it shall be so construed;
g.
Where features on the ground do not correspond with those shown on the Zoning Map or in other
circumstances not mentioned above, the Designated Officer shall interpret the zoning district
boundaries; and
h. Where a zoning district boundary is not located in conformity with a. or b., and in effect divides or
splits a registered parcel of land into more than one zoning district:
(i)
the disposition of the said boundaries shall be determined by dimensions indicated on the
Zoning Maps or by measurements directly scaled from the Zoning Maps; and
(ii)
each such portion of the said parcel of land shall be used in accordance with the applicable
zoning district regulations of this by-law as if it were a separate site.
2.4
DEFINITIONS
Where the following terms appear in this by-law, they have the meaning provided as follows:
"Abut" means immediately contiguous to or physically touching, and when used with respect to a site,
means that site physically touches upon another site or piece of land, and shares a lot line or boundary
line with it.
"Act, the" means The Planning Act, SM 2005, being CHAPTER P80 of the Continuing Consolidation of the
Statutes of Manitoba and amendments thereto.
"Accessory" means a use, building or structure that is natural and normally incidental, subordinate in
purpose or area, or both, and exclusively devoted to the use, building, or structure to which it is
accessory. A use shown as a conditional use in the Use Table cannot be accessory to a use shown as a
permitted use for the same zone.
"Agricultural Education Centres" means an educational facility specializing in agricultural learning
and practice and related activities.
"Agricultural Implement Sales, Service and Repair" means a use that includes the sale, service and
repair of goods associated with the agricultural sector. This includes farm equipment, machinery and
similar goods.
"Agricultural Uses, Specialized" means the use of land for apiculture, floriculture, horticulture,
including market gardening, orchards, tree farming, and similar agricultural activities on a commercial
basis.
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"Agricultural Uses" means the use of land for agricultural purposes such as cultivation and pasturage,
and including related activities such as soil preparation, manure or fertilizer spreading, planting,
spraying, irrigating, harvesting and the storage and selling of crops, but not including livestock
operations.
"Air Landing Strips" means any area, runway or other facility, used or intended to be used for the
landing and taking off of aircraft, including any necessary taxiways, aircraft storage and tie-down areas,
hangers and other necessary building and open spaces.
"Alteration, Structural" means any change, which prolongs the life of the supporting members of a
building or structure, which includes, but is not limited to, bearing walls, columns, beams or girders.
Changes or replacements in the structural parts of a building including, but not limited to, the following:
a.
An addition on the exterior of a building such as an open porch;
b. Alteration of interior partitions in all types of buildings; or
c.
Replacements of, or changes in, the capacity of utility pipes, ducts or conduits.
"Alterations, Incidental" means changes or replacements in the non-structural parts of a building or
structure including, but not limited to, the following:
a.
Adding or enlarging windows or doors in exterior walls;
b. Replacement of building facades; or
c.
Strengthening the load bearing capacity in not more than ten percent (10%) of the total floor area to
permit the accommodation of a specialized unit of machinery or equipment.
"Animal Hospitals and Veterinary Clinics" means a use that involves the care and treatment of
animals, either for limited durations or extended periods of care.
"Animal Keeping" means a use where less than 10 Animal Units (cumulative across species) of livestock
(excluding pets) are sheltered, bred, raised, or sold. This use includes stables.
"Animal Pounds and Kennels" means a use that involves the care, temporary lodging and/or breeding
of domestic animals that does not include hospitalization. This use does not include the care, temporary
lodging and/or breeding of livestock animals (see definition for livestock).
"Animal Unit" means the number of animals of a particular category of livestock that will excrete 73 kg
of total nitrogen in a 12-month period.
"Arts Centres, Galleries and Libraries" means a development for the collection of literary, artistic,
musical and similar reference materials in the form of books, recordings and films for public use. This
includes public libraries, art galleries, exhibitions, museums and similar uses.
"Basement" means the portion of a building or structure which is wholly or partially below grade,
having above grade no more than 6 ft. of its clean height which lies below the finished level of the floor
directly above or being a minimum depth of 4ft.
"Bed and Breakfast" means a principal dwelling where sleeping accommodation with or without light
meals is provided to members of the travelling public for remuneration.
"Board" means the District Board of Neepawa and Area Planning District as established under the Act.
"Building Materials Sales and Storage" means the use of the premises for the storage, sale and service
of building materials including furnishings, plumbing, outdoor uses and similar.
"Dangerous Goods or Agrichemical Storage Facility" means the use of land or premises for the
storage, sale or distribution of synthetic or petroleum based fluids, chemicals, fertilizers, and other
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potentially hazardous or noxious materials, primarily on a wholesale basis. This use does not include
Anhydrous Ammonia Storage Facilities.
"Anhydrous Ammonia Storage Facility" means an area for the storage of anhydrous ammonia that is
commonly used as a fertilizer.
"Bulk" means the following:
a.
The size (including height or building and floor area) of buildings of structures;
b. The size of the zoning site (including the area, width and depth of site) upon which a building is
located, and the number of dwelling units or rooms within such building in relation to the size of the
zoning site;
c.
The location of exterior walls of buildings in relation to site lines, to other walls of the same building,
to legally required windows, or to other buildings; and
d. All open areas relating to buildings or structures and their relationships thereto.
"Business Offices and Financial Institutions" means a building or portion of a building used primarily
for conducting the affairs of a business, profession, service, industry, government, or like activity, or a
building that provides the services of a financial institution such as a bank or an insurance establishment
and related forms thereto.
"Camping and Tenting Grounds" means an area or tract of land on which accommodations for
temporary occupancy are located or may be placed, including tents and recreation vehicle equipment.
"Car Washes" means a facility for the cleaning of automobiles or other motor vehicles, whether
operated by the public or by on-site employees, whether or not in conjunction with other goods or
services provided to customers.
"Cemeteries" means land used or dedicated to the internment of human or animal remains, including
columbarium, mausoleums, mortuaries and associated maintenance facilities when operated in
conjunction with, and within the boundaries of such cemetery.
"Child Care Facility" means a principal use where the provision of child care, in a provincially licensed
facility, occurs. This does not include accessory childcare uses.
"Child Care, Home-based" means the use of a portion of a dwelling unit for the provision of child care
services provided by a resident of the dwelling, up to a maximum of 8 children. The operation meets all
applicable provincial legislation and regulations.
"Community Centres or Community Clubs" means a development for recreational, social or multiple
purpose use without fixed seats and primarily intended for local community purposes.
"Concrete, Cement and Asphalt Batching Plants" means the production and manufacture of concrete,
cement or asphalt from raw materials.
"Contractor's Establishments" means a building or part of a building or land area for the construction
or storage of materials, equipment, tools, products and vehicles.
"Council" means the Council of the Municipality of Glenella-Lansdowne.
"Derelict Vehicle" means a vehicle other than a new and unused vehicle that is not in operating
condition, is kept in the open, has been abandoned or is kept primarily for salvaging or selling parts
therefrom of for sale as scrap metal.
"Designated Officer" means the person appointed by the Board in accordance with the provisions of the
Act.
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"Development Permit" means a permit issued under this zoning by-law, authorizing development, and
may include a building permit.
"Development Plan" means the Neepawa and Area Planning District Development Plan and all
amendments thereto.
"Drinking Establishments" means an establishment or portion of an establishment licensed by the
Government of Manitoba under The Liquor and Lotteries Act, where the principal purpose is the sale of
alcoholic beverages to the public, for consumption on the premises.
"Drive-in or Drive-thru Establishments" means any use designed or operated to allow patrons, while
outside on the premises in motor vehicles, to order, request, exchange, donate, or receive goods, wares,
merchandise, products, foods, beverages, or services.
"Dwelling" means a building or structure, or portion thereof, designed for and intended to be used for
residential occupancy. It does not include establishments for commercial accommodation. Dwelling may
include the following:
a.
"Farmstead" means that portion of the land of an agricultural operation on which is located the
residence of the operator.
b. "Mobile home" means a factory-built or prefabricated dwelling unit built to CSA specification Z240
MH, suitable for year-round, long-term occupancy that is capable of being transported on its own
chassis and running gear by towing or other means.
c.
"Multi unit" means a building or structure containing three or more dwellings, arranged in a
vertical or horizontal manner, either served by separate entrances or common corridors and
entrances. This includes apartment buildings, row housing, tri-plexes and similar.
d. "Single unit' means a building or structure containing only one dwelling that is separate from any
other dwelling or building.
e.
"Two unit" means a single building or structure containing two separate dwelling units, separate
from any other dwelling or building. This includes duplexes and side-by-side dwellings.
"Dwelling Unit" means a building or portion thereof designed for and intended to be used as for
residential occupancy that contains cooking, sleeping and sanitary facilities.
"Enlargement" means an addition to the floor area of an existing building or structure, or an increase in
that portion of a parcel of land occupied by an existing use.
"Exhibition Grounds" means a use of land, or building, or structure where the temporary exhibition of
music, art, goods, wares, vehicles, and the like are displayed and made available for sale and shall include
a midway and a place of amusement.
"Extension" means an increase in the amount of existing floor area used for an existing use, within an
existing building.
"Farm Vacation Establishments" means an operating farm which may, on a day basis or for overnight
purposes, offer a farm life experience to groups or individuals and which may provide either or both of:
a.
rental accommodation in the farm dwelling or adjacent private cabins comprising one or more rooms
furnished to enable the preparation of meals if full board is not provided; or
b. a tract of land on which one or more camping, tenting or parking sites is located, and the provision of
electricity, potable water and toilet facilities to any of the persons, or groups occupying any of such
sites.
"Fuel Sales" means an establishment operated at a fixed location at which gasoline or any other motor
vehicle engine fuel is offered for sale to the public.
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"Game Farms" means a fenced area to enclose animals defined as a "domestic game farm animal" by The
Domestic Game Farm Animal Regulations, used for the purpose of producing animal products as defined by
those Regulations.
"Garden Suite" means a self-contained accessory dwelling unit separate from but on the same lot as a
single-unit dwelling building. A Garden suite has its own separate cooking, sleeping, and bath/toilet
facilities. Does not include two-unit dwellings, multi-unit dwellings, rooming houses, or group homes.
"General Manufacturing" means the assembly, fabrication, and/or processing of goods and materials,
where such processes are housed either entirely within or outside a building.
"Golf Courses and Driving Ranges" means a tract of land laid out for playing the game of golf or for the
purposes of a driving range, either accessory to or principal in nature. This term does not include
miniature golf courses.
"Grade" means the average level of finished ground adjoining a building or structure at all exterior walls
(as determined by the Designated Officer).
"Heavy Industrial" means the manufacture or processing, fabrication, packaging, rendering, mining,
culturing, extraction or assembly of goods and resources within an enclosed building, or outdoors that
may generate higher levels of nuisance and may include outside storage. This use may include operations
that produce excessive noise, vibration, odour or any other means of nuisance and may include
hazardous, combustible, or explosive materials.
"Height" means, when used in reference to a building or structure, the vertical distance between the
horizontal plane through grade and a horizontal plane through:
a.
The highest point of the roof in the case of a building with a flat roof or a roof having a slope of less
than 20 degrees; or
b. The average level between eaves and ridges in the case of a pitched, gambrel, mansard or hipped roof,
or a roof having a slope of 20 degrees or more, provided that in such cases the ridge line of the roof
shall not extend more than 1.524 metres (5 feet) above the building height.
"Horticultural and Garden Supply Establishments" means an establishment used for the outdoor
storage and display or sale of plants, trees and other materials. This use includes greenhouses or garden
centres.
"Hospital" means an institution that maintains and operates facilities for inpatient care with overnight
stays, including, but not limited to, x-ray, laboratories, and surgery rooms for the diagnosis, care, and
treatment of human illness, injury, an disease (either physical or mental). Out-patient care may also be
provided.
"Hotel" means a use where accommodation is provided for transient lodgers, in an individual room or
apartment, with or without cooking facilities. Accessory uses may include, but are not limited to,
restaurants, licensed drinking establishments, banquet halls, meeting rooms and similar.
"Hunting and/or Commercial Recreation Lodges" means a commercial lodge, consisting of one main
building housing owner, staff and possibly guests and optionally more buildings providing temporary
rental (not lease) accommodation and food service for the customers while engaged in hunting or a
recreational activity. Other accessory building or structures on site may include, but not limited to, a
picnic area, temporary rental overnight camping sites and storage buildings for equipment. Various
services such as outfitting, guiding and ecological hikes may be obtained at these establishments.
"Institutional Care Facility" means a premise which is intended for the training, treatment,
rehabilitation, housing, care, and/or supervision of persons requiring medical assistance. Uses include
nursing homes, personal care homes, retirement homes, assisted living centres, and similar.
"Junk Yards" means an open are where waste or scrap materials are bought, sold, exchanged, stored,
baled, packed, disassembled or handled.
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"Landscaping" means any combination of trees, shrubs, flowers, grass, or other horticultural elements,
decorative stonework, paving, screening, or other architectural elements, all of which are designed to
enhance the visual amenity of a site or to provide a screen between sites in order to mitigate
objectionable features between them.
"Lane" means, for the purpose of this Zoning By-law, a public right-of-way which affords only a
secondary means of vehicular access to abutting property.
"Light Industrial" means the manufacture or processing, modifying, blending or fabricating or
previously processed or manufactures materials into a complete product. This use does not include
operations that produce excessive noise, vibration, odour or any other means of nuisance, and does not
include hazardous, combustible, or explosive materials.
"Livestock Auction Marts" means an enclosure or structure designed or used for holding livestock
for purposes of sale and transfer by auction, consignment, or other means.
"Livestock Operation" means a permanent or semi-permanent or non-grazing area where at least 10
animal units of livestock are kept or raised either indoors or outdoors, and includes all associated
manure collection facilities, but does not include an auction mart.
"Livestock" means:
a.
Cattle, horses, sheep, swine, poultry and bees; or
b. Animals of a kind raised for meat production or production of products from the animals, including
breeding stock of those animals.
"Loading Space" means an off-street space on the same zoning site with a building, or contiguous to a
group of buildings for the temporary parking of a commercial vehicle while loading or unloading
merchandise or materials, and which has access to a street or lane.
"Lodges or Private Clubs" means a hall or meeting place of a local branch for the members of an
association, organization or society.
"Medical Clinic" means a building or part thereof, other than a hospital, used by medical professionals
and their staff for the purpose of public or private medical, surgical, physiotherapeutic or human health,
but does not include overnight accommodation or operating rooms.
"Metal Shipping Container" means a prefabricated metal structure designed for use as an individual
shipping container.
"Mobile Home Park" means an area of and upon which mobile home spaces are provided and have been
approved by the Council.
"Motel" means a use, not over two storeys in height, where 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 level. Accessory uses including, but are not limited to, restaurants, licenced drinking
establishments, banquet halls and meeting rooms.
"Offices" means a building or portion thereof, used for the practice of a profession, business or public
administration that may include administrative and clerical functions. A service to clients may also be
provided, such as insurance brokerages or travel agencies.
"Outside Storage" means the storage of merchandise, goods, inventory, materials or equipment or
other items that are not intended for immediate sale, by locating them outside.
"Owner" means an owner as defined in the Act.
"Parking and Loading Areas" means an area where vehicles may be stored for purposes of temporary,
daily, or overnight off-street parking as a principal use.
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"Parking Area, Public" means a parking are used for the temporary parking of vehicles and is available
for public use whether free, for compensation or as an accommodation for clients, customers, employees
or visitors.
"Parking Area" means an open area of land other than a street or lane, or an area within a structure
used for the parking of vehicles.
"Parking Space" means a space on a parking area, public parking area or zoning site for the temporary
parking or storage of a vehicle.
"Parks, Picnic Areas, Playgrounds and Recreational Trails" means a development of public land
specifically designed or reserved for the general public for active or passive recreational use and
including landscaping, facilities, playing fields, buildings, and other structures that are consistent with
the general purposes of public parkland, whether or not such recreational facilities are publicly operated
or operated by other organizations pursuant to arrangements with the public authority owning the park.
"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.
"Places of Worship" means a building, structure or part thereof that is used as a place of public
worship. This includes churches, mosques, synagogues, temples and similar.
"Planned Unit Development" means a land development project planned as an entity in accordance
with a unitary site plan which permits flexibility in siting or building, mixture of building/structure
types and/or land uses, together with useable open spaces.
"Principal Building" means a structure on a site used to accommodate the principal use.
"Principal Use" means the primary or predominant activity on any lot or within any building or
structure.
"Private Communication Facility" means outdoor equipment and structures for the purposes of
transmitting or receiving television, radio, microwave, radar, laser, or similar communication signals.
These facilities may include antennae, aerials, receiving dishes, transmission masts or towers.
"Protective and Emergency Service" means a development which is required for the public protection
of personal and property from injury, harm, or damage, together with the incidental storage of
equipment and vehicles. This includes fire stations, police stations, ambulance services and training
facilities.
"Public Road" means a road allowance or other legally surveyed road vested in the name of Her Majesty
the Queen in Right of Manitoba, and maintained by Manitoba Infrastructure or the Rural Municipality, as the
case may be.
"Public Utilities and Buildings" means any system, works, plant, pipeline, equipment or services and
facilities intended to provide public utility service to the general public.
"Recreation Facilities (Indoor and Outdoor)" means a development providing facilities for public
sports and active recreation where patrons are predominantly participants.
"Recycling Depot" means an enclosed building including associated outdoor storage areas where waste
or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled,
including, but not limited to, metals, paper, rags, rubber tires and bottles.
"Rendering Plants and Abattoirs" means a use involving the slaughtering and processing of animals.
"Rental Storage Establishments" means a facility that supplies storage for rent to the public, such as
self-storage units and mini-warehouses.
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"Repair" means the renewal or reconstruction of any part of an existing structure for the purpose of its
maintenance or restoration.
"Residential Care Facility" means the use of any building or structure or part thereof, however named,
which is advertised, announced or maintained got the express or implied purpose of providing lodging,
meals, care and supervisions or transitional services to persons not related to the operator but does not
include an institutional care facility.
"Resource-Related Business and Manufacturing" means an establishment that provides goods or
services to the agricultural sector, including (but not limited to) farm equipment and machinery repair
shops, feed and seed operations and livestock auction marts.
"Restaurants and Lounges" means a use primarily involved in the preparation and sale of food to be
sold to the general public for consumption on or off the premises.
"Retail Establishments" means a use that involves the same or rental of new or used products directly
to the general public. Also includes incidental personal services, but does not include an auction
establishments or wholesale establishments.
a.
"Retail (Large)" means a building or portion of a building where the retail use occurs in a space with
a ground floor area equal to or greater than 465 square meters (5,000 square feet).
b. "Retail (Small)" means a building or portion of a building where the retail use occurs in a space with
a ground floor area less than 465 square meters (5,000 square feet).
"Riding Academies or Stables" means a use associated with farming/ranching or a farmstead dwelling
that involves the training of horses and riders and may including riding stables.
"Sand, Gravel and Mineral Extraction Operations" means a use involving the onsite preparation,
extraction, and primary processing of raw materials found on or under the site or accessible from the
site. This includes aggregate extraction, stone quarries and gravel pits, and accessory uses thereto.
"Schools" means an accredited school under the sponsorship of a public, private or religious agency
providing instruction to students at all levels.
"Secondary Suite" means a self-contained accessory dwelling unit within a single-unit dwelling
building. A Secondary Suite has its own separate cooking, sleeping, and bath/toilet facilities and has
direct access to the outside without passing through any part of the single-unit dwelling unit. Does not
include two-unit dwellings, multi-unit dwellings, rooming house, or group homes.
"Sign Copy" means letters, graphics, or characters that comprise the sign message.
"Sign Form" means:
a.
"Business" means a sign that identifies a business, service, institution, owner, or resident by name,
logo, street address, or combination and which may direct attention to a business, service, or
commodity conducted, offered, or sold on the same site.
b. "Identification" means a sign that identifies a building or use by name, logo, or street address.
c.
"Portable Sign" means a sign which is mounted on a wheeled trailer, vehicle, stand, or similar
support structure and designed to be readily moved.
"Sign Surface Area" means the area of a sign covered by a single rectangle drawn around the
extremities of the message contained on the sign and, in the case of a multi-face sign, comprises half of
the total of all sign faces.
"Sign Type" means:
a.
"Attached" means a sign that is attached to the exterior of a building. This may include fascia,
awning, banner, marquee, blade, volumetric, canopy, banner, or other attached forms.
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b. "Directional" means a sign that indicates vehicular access to or egress from a parking or loading
area.
c.
"Free-standing" means a sign that is supported by a permanent, independent structure and is not
attached to a building. This may include pylon, pedestal, monument, and other free-standing forms.
"Sign, Accessory" means any writing (including letter, word, or numeral), pictorial representation
(including illustration or decoration), emblem (including device, symbol, logo, or trademark), flag
(including banner or pennant but not the flag of any nation or government), and anything designed or
intended to, or having the effect of, announcing, identifying, directing attention to, or advertising any
building or use located on the same site.
"Sign, Billboard" means a sign directing attention to a business, commodity, service, item ,message or
entertainment conducted, sold or offered elsewhere than upon the same zoning site on which that sign is
located.
"Site Area" means the computed amount of gross land area contained within the site lines.
"Site Corner" means a site that abuts the intersection of two or more public streets or that abuts the
approximately perpendicular intersection of two or more frontages of the same public street.
"Site Coverage" means the percentage of the total lot area covered by buildings.
"Site Depth" means the depth of the site from the street, measured as the horizontal distance between
the centre points in the front and rear site lines, generally equal to the horizontal length of the site
depth line.
"Site Interior" means a site with frontage on only one public street.
"Site Line" means one of the boundaries of a site, which include:
a.
"Front" means that boundary of a site along an existing or designated street. For a through site or
corner site, the site lines along both streets shall be deemed front site lines. Where an irregular
shaped site cannot have its site lines defined by this definition, the front site line shall be determined
by the Designated Officer.
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b. "Rear" means that boundary of a sit which is most nearly parallel to the front site line. Where an
irregular shaped site cannot have its site lines defined by this definition, the rear site line shall be
determined by the Designated Officer.
c.
"Side" means that boundary of a site which is most nearly parallel to the front site line. Where an
irregular shaped site cannot have its lines defined by this definition, the rear site line shall be
determined by the Designated Officer.
"Site Through" means a site that abuts two or more public streets but does not abut the intersection of
those streets.
"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 [40] feet from the front site line,
whichever is the lesser.
"Storage, outdoor" means the storage of merchandise, goods, inventory, materials or equipment or
other items that are not intended for immediate sale and do not constitute outdoor display, by locating
them outside.
"Storey" means that portion of any building which is stated between the top of any floor and the top of
the floor next above it; and if there is no floor above it, that portion between the top of such flor and the
ceiling above it, but does not include a cellar.
"Street" means a public thoroughfare or highway, but does not include a lane.
"Transportation Terminals and Facilities" means a use that involves the transfer, temporary storage,
and distribution of cargo where trucks and trains load and unload on a routine and ongoing basis. This
also includes incidental office and warehouse uses.
"Vehicle related Business including Sales, Service, Showrooms and Repair" means any
establishment involved in the display, sale, rental, lease, repair and/or routine maintenance as well as
associated retail sales, of motor vehicles or motor vehicle parts.
"Vehicle Wrecking and Storage" means a site upon which 2 more vehicles of any kind, which are
incapable of being operated have been placed for the purpose of obtaining parts for recycling or resale.
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"Warehouses and Storage Establishments" means a permanent facility for the storage of products,
supplies, and equipment within an enclosed building.
"Waste Disposal Ground" means a parcel of land that is used for the disposal of solid or industrial
waste. This includes landfills, dumps, and septic disposal sites.
"Wastewater Treatment Facility" means a system used to collect, store, treat, distribute and dispose of
wastewater and includes the facilities and services associated with the management of wastewater.
"Water Treatment Facility" means a system used to pump, store, treat and distribute drinking water,
and includes the facilities and services used in the provision of drinking water.
"Wholesale Establishments" means a facility where goods are distributed or sold to industrial,
commercial or institutional retailers, or to other wholesalers, for resale or redistribution, but where
goods are not sold to the public.
"Wildlife and Forest Management Areas" means lands designated for the protection and conservation
of wildlife or forest management.
"Wind Energy Generating System" is an electrical generating facility comprised of a wind turbine and
accessory facilities, including but not limited to a generator, a transformer, storage, collection and
supply equipment, underground cables, a sub-station, temporary or permanent wind-monitoring
tower(s) and access road(s).
a.
"Wind Energy Generating System (Commercial)" - is a wind energy generating system designed
and built to provide electricity for commercial sale and distribution to the electricity grid.
b. "Wind Energy Generating System (On-Site Use)" - is a wind energy generating system intended to
primarily serve the electrical needs of the on-site user or consumer (either behind the meter or off-
grid) and not used to produce power for resale.
c.
"Total Turbine Height" means the height from finished grade to the highest vertical point of the
swept rotor arc, in the case of a wind turbine with a horizontal axis rotor.
"Yard, required" means the yard measured form a front, rear, or side site line towards the interior of
the site within which no building or any part of a building may be located, except as provided in this by-
law.
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"Yard" means an open area between the exterior wall of a building and the boundaries of the site no
which it is located.
Municipality of Glenella-Lansdowne Zoning By-law
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PART 3 GENERAL REGULATIONS
3.1
REGULATION OF USES
No land, building or structure shall be used or occupied except for a use which:
a.
Is listed in the Use Tables as:
(i)
A permitted principal use and its accessory uses; or
(ii)
A conditional principal use and its accessory uses.
b. Is a Temporary Use
3.2
ACCESSORY BUILDINGS, STRUCTURES OR USES
a.
No accessory building or structure shall be erected on any zoning site:
(i)
Prior to the time of construction of the principal building to which it is accessory; or
(ii)
Prior to the establishment of the principal use of the land where no principal building or
structure is required;
b. Where an accessory building or structure is structurally attached to a principal building, it shall be
subject to, and must conform to all regulations of this By-law applicable to the principal building;
c.
Where an accessory building or structure detached from a principal building or structure, it shall be
subject to, and must conform to all regulations of this By-law applicable to accessory buildings and
structures;
d. Detached accessory buildings may be located in any required yard of the principal building or use,
except a required front yard in the RR and GD Zone;
e.
No detached accessory buildings or structures may be located in front of the principal building in the
GD Zone; and
f.
No detached accessory building shall be located closer than 3.05 metres (10 feet) to any principal
building, measures from the further projection, nor shall it be located closer than .61 metres (2 feet)
to any site line, measured from the furthest projection.
3.3
TEMPORARY BUILDINGS, STRUCTURES OR USES
The following provisions shall apply to all temporary uses in all zones:
a.
A construction camp or other such temporary work camps, tool shed, travel trailer, concrete or
asphalt batch plant or other buildings, structures or uses, including the storage of building materials
and supplies, incidental to work in progress shall be permitted provided that these buildings,
structures or uses remain necessary for work in progress which has not been finished or abandoned;
b. A development permit for the above noted temporary building, structure or use, excluding the
temporary storage of building materials and supplies, shall be required and subject to such terms and
conditions as may be required by Council or the Designated Officer. Council reserves the right to
cancel any Development Permit if the temporary building, structure or use is not required any longer
or is found to be detrimental to public health and/or welfare;
c.
Each development permit issued for a temporary building, structure or use, shall be valid for a period
of not more than six months and may not be renewed or re-issued for more than one additional
successive period at the same location;
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d. 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) years and subject to the pertinent
provisions of the By-law concerning Wind Energy Generating Systems. If the meteorological tower is
to remain in place after the maximum 3 year period it shall become a part of a Wind Energy
Generating System;
e.
In all cases, temporary buildings and structures shall not exceed 92.9 square metres (1000 square feet)
in area and one storey or 4.57 metres (15 feet) feet in height, and:
(i)
May be used as an office space for the contractor or developer;
(ii)
Shall not be used for human habitation, except as temporary accommodation for a caretaker
or watchman; and
(iii) Shall not be detrimental to the public health, safety, convenience and general welfare.
3.4
DWELLING UNITS PERMITTED ON A PARCEL
No person may be issued a development permit to construct more than one dwelling unit on a parcel of
land, unless otherwise permitted in this By-law.
3.5
OUTSIDE STORAGE
a.
All outside storage shall be kept in a tidy and orderly fashion and not produce a noxious, offensive or
unsafe condition;
b. Outside storage within the RR Zone shall:
(i)
Not be permitted in any required yard that abuts a street or lane;
(ii)
Be screened by opaque fencing at least 6 feet (1.8 m) in height; and
(iii) Where permitted, outside storage of goods and materials shall not project above the height of
a required fence;
c.
Outside storage of goods and materials in the GD Zone may be permitted, provided that:
(i)
The storage is located to the rear of the line adjacent to and parallel with the front wall of the
building;
(ii)
The outside storage shall not be greater than 75% of the total site area; and
(iii) The outside storage shall not be permitted in front of the principal building.
3.6
EXTERNAL SOLID FUEL FIRED HEATING APPLIANCES
No solid fuel heating appliances, designed to be external to the building that they heat, shall be allowed
as accessory buildings in the GD or RR Zones.
3.7
MUNICIPAL SERVICING
All principal buildings constructed on a site serviced by public sewer, water or hydro distribution shall
be connected to such services.
3.8
BASEMENT DWELLING UNIT
Any basement dwelling unit shall comply with the provisions of this by-law, and any other by-law and
The Building and Mobile Homes Act, and any other Act having jurisdiction.
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3.9
NOXIOUS OR OFFENSIVE USES
Nothing in this by-law or in a development permit, approval of a conditional use, variance order or other
approval issued under this by-law shall be construed as authorization for the carrying out of any activity
which is a nuisance due to noise, odour, emission, vibration or other cause, except where otherwise
provided for in this By-law.
3.10
PHYSICAL HAZARDS
a.
Development in areas which, in the opinion of the Board or Council, may be subject to physical
hazards shall generally be limited to agricultural or open space uses. Under special economic or social
circumstances, Council may permit more intensive development if the hazard is eliminated or
protected against. Development in hazardous areas shall be subject to the following requirements:
(i)
If the land subject to flooding, all permanent structures shall be located on land which has been
raised by fill to an elevation at least two (2) feet above the 200 year flood level or flood or record,
whichever is greater;
(ii)
Land which may be eroded away within a period of 50 years shall be excluded from
development unless it is demonstrated through means of a geotechnical investigation by an
engineer licensed to practice in Manitoba, to the satisfaction of the Council, that the erosion
process has been halted;
(iii)
Development shall not be permitted on lands subject to bank instability, landslides or
subsidence; and
(iv)
All structures and services shall be protected against damage and shall be functional under
hazard conditions.
b. Notwithstanding the above, development will not be permitted if, as a result of the development,
(i)
There is an added risk to life or safety; or
(ii)
Waterflow, flow velocities or stages are adversely altered, obstructed or increased.
c.
Activities such as dumping, excavation, clearing, cultivation, or excessive grazing which will
accelerate or promote dangerous erosion or bank instability shall be prohibited.
d. In areas where the specific hazard has not been defined, permanent structures shall be set back from
all waterways a distance of at least 10 times the height of the bank above channel grade or 60.96
metres (200 feet), whichever is greater, unless an engineering study shows that these limits may be
reduced.
e.
Any RR Zone shall not be located within areas affected by flooding and shall be setback 402 metres
(1320 feet) from areas potentially affected by bank instability or slumping.
3.11
PROXIMITY OF BUILDINGS AND STRUCTURES TO AIR LANDING STRIPS
All buildings and structures, when being located in close proximity to licensed air landing strips,
whether on the same property or adjoining property, shall be governed by the recommended Transport
Canada regulations.
3.12
PUBLIC ROAD ACCESS
All uses of land, buildings and structures must have legal access to an improved, all-weather public road.
Alternative access shall be as determined by Council.
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3.13
MULTIPLE USES
Where any land or building is used for more than one purpose, all provisions of relating to each use shall
be satisfied. Where there is a conflict such as in the case of site area and frontage, the higher or more
stringent requirements shall prevail.
3.14
PUBLIC UTILITIES, SERVICES AND BUILDINGS
Nothing in this By-law shall be so interpreted as to interfere with the construction, maintenance and
operation of the facilities of any Public Utilities and Buildings or Protective and Emergency Services, as
defined in this By-law. The requirements of such public works or public services shall be of a standard
compatible with the adjacent area and any buildings or structures erected in any zone complies with the
yard and area requirements applicable to the zone.
3.15
AREA AND YARD REQUIREMENTS
Except as herein provided, the following special provisions shall apply in all Zones to ensure adequate
site and required yard requirements:
a.
Where yard requirements cannot be determined due to peculiar lot configuration, topography or
architectural or site arrangement, the Designated Officer has the authority to make the
determination;
b. The owner of a site shall maintain the minimum site area, site width, site depth and yards and other
open spaces required herein for any use;
c.
No yard requirement of a zoning site may be applied so as to satisfy the yard requirements of another
zoning site;
d. Yards provided for a building or structure existing on the effective date of this By-law or amendments
thereto, shall not be reduced, if already less than the minimum requirements of this By-law, unless
varied;
e.
All yards and other open spaces required for any use shall be located on the same zoning site as the
use; and
f.
Yards shall not be required on a site which is used for horticultural purposes or for public recreational
purposes.
3.16
PROJECTIONS INTO REQUIRED YARDS
The following elements may project into or exist within a required yard as provided for in Table 3.1
below.
Table 3.1 - Projections into Yards
Projection
Standards
Front Yard
Side Yard
Rear Yard
Height
Architectural Elements
Open Terraces and Steps and Stairs
Permitted
No closer than 2
ft. from the side
site line
Permitted
Maximum 4 ft.
Building features including Chimneys,
Bay Windows, Alcoves or Vestibules
Maximum 5 ft.
Maximum 2 ft.
Maximum 5 ft.
n/a
Eaves, Gutters, Canopies and Awnings
Maximum 5 ft.
Maximum 2 ft., no
closer than 1 ft.
from side site line
Maximum 5 ft.
n/a
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Decks
Maximum 5 ft.
No Closer than 2
ft. from side site
line
Maximum 5 ft.
n/a
Landscaping and Site Elements
Trees and Shrubs
Permitted
Permitted
Permitted
n/a
Trellises, flagpoles, lighting fixtures and
similar
Permitted
Permitted
Permitted
n/a
Uncovered walks and driveways
Permitted
Permitted
Permitted
n/a
Fences, walls, screening and hedges
Permitted
Permitted
Permitted
(a)
Surface parking
Permitted
Permitted
Permitted
n/a
Recreational Equipment
Permitted
Permitted
Permitted
n/a
Parabolic Dish Antennae (b)
Not Permitted
Not Permitted
No closer than 3
feet to the side or
rear site lines
No more than 3
feet above the
maximum
principal building
height
NOTES
a.
The provisions of Section 3.18 - Fences shall apply.
b.
For parabolic antennae on the roof of commercial, institutional, industrial buildings, or
residential buildings three stories or more in height, the base of the dish shall not be
higher than .61 metres (2 feet) above the nearest point of the roof and the dish shall not
be closer than .305 metres (1 foot) from the edge of the building.
3.17
HEIGHT EXCEPTIONS
In determining whether a building or structure conforms to the maximum height permissible in any
zone, the following elements shall not be considered for the purpose of height determination and,
therefore, may exceed the maximum height limit:
a.
Private Communication Facilities;
b. Chimneys and flues;
c.
Steeples or domes;
d. Elevator and stair bulkheads;
e.
Water tanks;
f.
Flagpoles, aerials and spires; or
g. Parapet walls not more than 1.22 metres (4 feet) above the roof line.
3.18
FENCES
Fences, hedges, and similar structural or landscaping features are permitted as accessory structures in all
zones. All fences and similar structures shall be constructed in accordance with the following provisions:
a.
Fences constructed in any front, side or rear yard in the RR or GD Zones shall be limited to 6 feet in
height unless otherwise noted herein;
b. Fences constructed in front of the front wall of a principal building in the RR or GD Zones shall be
limited to 4 feet in height;
c.
Notwithstanding any other provision found within this By-law, security fencing (including electric,
barbed wire, razor wire or other deterrents) shall be prohibited in the RR and GD Zones; and
d. Fences shall not be constructed out of debris, junk or waste materials.
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3.19
STORAGE AND SCREENING OF DERELICT AUTOMOBILES, PARTS AND
OTHER MACHINERY
a.
Notwithstanding any other requirements of this By-law, there shall be no storage of derelict
automobiles, parts or any other machinery in any required front, side or rear yard within the GD or
RR Zones, unless approved by Council.
b. Where there is to be storage of derelict automobiles, parts and other machinery outside of a building
in the GD or RR Zones, a continuous compact hedge or continuous row of evergreens trees, which
will create a hedge effect expected to attain a height of not less than six feet (or a six foot high fence
which cannot be seen through) 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.
c.
In Agricultural Zones, storage of derelict vehicles or any other machinery as an accessory use shall
be limited to fifteen vehicles/machinery.
3.20 CORNER ALIGNMENTS
No fence, wall, structure, hedge, shrubs, or other horticultural landscape features shall be erected or
placed in such a manner as to produce a fence effect or obstruction greater than 0.76 metres (2.5 feet)
above the average level of the road surface shall be permitted on corner sites in GD Zone site which are:
a.
an area formed by the intersecting street lines and a straight line joining points on the said street
lines 3.05 metres (10 feet) from the point of intersection of the street lines; or
b. an area formed by the intersecting street and lane lines 3.05 metres (10 feet) from the point of
intersection of the street and lane lines.
3.21
PARKING AND LOADING
3.21.1 GENERAL PARKING REGULATIONS
a.
All accessory off-street parking spaces shall be located on the same zoning site as the use served,
unless permitted by variation order to locate elsewhere than on the same zoning site with the
building, structure or use served.
b. Lighting provided for parking areas shall be shielded and directed away from adjoining residential
areas and generally confined to the site.
c.
The surface of an accessory off-street parking area, and the access driveways thereto shall be
surfaced and design in such a manner that there will be no free flow of water onto either adjacent
properties or a public sidewalk.
d. Accessory off-street parking areas provided for a use shall be used exclusively for the parking of
employees, occupants, patrons or visitors of such use, unless otherwise permitted herein, and shall
not be used for motor vehicle repair work or similar such uses.
e.
When any building, structure or use in existence one the effective date of this By-law is subsequently
damaged or destroyed, and is reconstructed or re-established, the accessory off-street parking
spaces maintained at the time of such damage or destruction shall be restored or continued in
operation.
f.
Accessory off-street parking spaces in existence on the effective date of this By-law or amendments
thereto shall not be further reduced below the parking requirements for a similar new building or
use under the provisions of this Section.
3.21.2 PARKING SPACES REQUIRED
No person shall erect, enlarge, or change the use of a site without providing and maintaining a minimum
number of parking spaces in accordance with the table below.
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Table 3.2 - Required Off-Street Parking Spaces
Use Category
Specific Use
Required Parking Spaces (a)
RESIDENTIAL AND RESIDENTIAL RELATED
Single Unit Dwellings
1.0 space per dwelling unit
Two Unit Dwellings
1.0 space per dwelling unit
Multi-unit Dwellings
1.0 space per dwelling unit (b)
Mobile Home Dwellings
1.0 space per dwelling (c)
Other Residential uses
As determined by Council
COMMERCIAL, CULTURAL AND ENTERTAINMENT, AND PRIVATE MOTOR VEHICLE
General Commercial or Retail
1.0 space per 500 sq. ft. of floor area
Hotels/Motels/Hostels
1.0 space per room or sleeping unit
Restaurants and Lounges, Drinking Establishments
1.0 space per 100 sq. ft. of floor area
All other Commercial uses
2 spaces minimum
Arts Centres, Galleries and Libraries
1.0 space for each 5 persons permitted under the occupant
load limit
Community Centres or Community Clubs
1.0 space for each 5 persons permitted under the occupant
load limit
Lodge or Private Clubs
1.0 space per 100 sq. ft. of assembly room floor area
All other Cultural and Entertainment uses
2 spaces minimum
All Private Motor Vehicle uses
2 spaces minimum
PUBLIC AND INSTITUTIONAL
Administrative Buildings and Offices
1.0 space per 500 sq. ft. of floor area
Child Care Facility
1.0 space per 500 sq. ft. of floor area
Clinics
1.0 space per 500 sq. ft. of floor area
Hospital
1.0 space per 10 beds or sleeping units plus 1.0 space per 3
employees
Institutional Care Facility
1.0 space per 10 beds or sleeping units plus 1.0 space per 3
employees on the largest shift
Places of Worship
1.0 space for each 5 persons permitted under the occupant
load limit
Schools
1.0 space per 100 sq. ft. of assembly room floor area; and
1.5 spaces per classroom
Recreation facilities (Indoor and Outdoor)
Indoor: 1.0 space for each 5 persons permitted under the
occupant load limit
Outdoor: 1.0 space per 5 seats or 10 ft. of bench space in
assembly area. Where there are no fixed seats, 1.0 space per
100 sq. ft. of floor area.
All other Public and Institutional Uses
2 spaces minimum
TRANSPORTATION AND UTILITY, AND INDUSTRIAL
Transportation Terminals and Facilities
1.0 space per 2000 sq. ft. of floor area; or
All other Transportation and Utility uses
2 spaces minimum
All Industrial uses
1.0 space per 2000 sq. ft. of floor area
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AGRICULTURAL
Resource-Related Business and Manufacturing
1.0 space per 2000 sq. ft. of floor area; or
All other Agricultural uses
n/a
NOTES
a.
When the computation of the number of accessory off-street parking spaces required by this
By-law results in a fractional amount, the required spaces shall be rounded up to the nearest
whole number.
b. For multi-unit dwellings with shared parking facilities, 1.5 parking spaces per dwelling unit
shall be required and 20% of the required parking spaces shall be unassigned guest parking
readily available to an entrance of the building to be served.
c.
In the case of a mobile home park, each mobile home space shall require 1.0 parking space.
3.21.3 PARKING SPACE DIMENSIONS
a.
Parking space dimensions may vary depending on the angle measured perpendicular to the axis of
the access aisle of the space provided. The dimensions of parking spaces shall be in accordance with
Table 3.3 - Parking Dimensions.
b. Where an aisle serves two (2) different types of angled parking, which are located across from each
other, the largest required access aisle shall be provided.
c.
Where access to a parking space is directly from a street or lane, the width of the adjacent street or
lane may be computed as part of the required aisle width.
Table 3.3 - Parking Space Dimensions
Angle of Parking
Width
Length
Aisle
Parallel
9 feet
20 feet
15 feet
90 degrees
9 feet
20 feet
20 feet
60 degrees
8.5 feet
18 feet
18 feet
45 degrees
8.5 feet
18 feet
15 feet
3.21.4 GENERAL LOADING REGULATIONS
a.
The accessory off-street loading spaces provided for a use shall be solely for the loading and
unloading of vehicles and shall not be used to satisfy any accessory off-street parking space
requirements or portion thereof.
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b. Accessory off-street loading spaces shall not be permitted in a required front yard, side yard or any
special side yard along a zone boundary, unless otherwise provided for herein.
3.21.5 LOADING SPACES REQUIRED
No person shall erect, enlarge, or change the use of a site without providing and maintaining a minimum
number of loading spaces in accordance with the table below.
Table 3.4 - Required Loading Spaces
Use
Number of Spaces Required
Industrial uses up to and including 5,000 square feet
1.0 loading space
Industrial uses 5,001 square feet up to and including 15,000
square feet
2.0 loading spaces
Industrial uses 15,001 square feet up to and including 40,000
square feet
3.0 loading spaces
Industrial uses over 40,000 square feet
3.0 loading spaces plus 1 space for each additional 25,000
square feet or portion thereof exceeding 40,000 square feet
Commercial uses
1.0 loading spaces per 5,000 square feet (gross)
Multi-unit dwellings with shared parking
1.0 loading space
3.22 ACCESSORY SIGNS
Accessory signs are regulated in this By-law in order to achieve compatibility among adjacent properties
and with the public realm, including through measures intended to sufficiently provide for building and
business identification. Signs are organized in this By-law by type and form. The provisions in this
section apply only to accessory signs and not billboard signs.
3.22.1 GENERAL SIGN REGULATIONS
The following provision shall apply to all accessory signs in all Zones except wherein otherwise provided
for in this By-law:
a.
All signs are subject to the issuance of a development permit unless otherwise stated in this Section;
b. No accessory sign shall exceed 25% of the area of the front façade of the principal building to which
it is accessory;
c.
No sign or sign structure shall be erected, operated, used, or maintained which:
(i)
May be located in such a manner as to materially impede the view of any street or highway
intersection or railroad crossing;
(ii)
May interfere with, obstruct the view of, or be confused with an authorized traffic sign, signal
or device;
(iii) Displays lights or rotating beams that resemble an emergency light;
(iv)
Moves in whole or in part in a swinging motion;
(v)
Is located within 38.1 metres (125 feet) of a Provincial Trunk Highway and Provincial Road
right-of-way, except where permitted by the proper Provincial authority; and
(vi)
Is located on, over or above any land or public right-of-way or sidewalk, owned by the
municipality except where approved by Council.
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3.22.2 SIGNS NOT SUBJECT TO THIS BY-LAW
The following signs are not subject to the regulations of this By-law, however, this shall not relieve the
owner or responsible party from erecting and maintaining the signs in a safe condition:
a.
Signs required to be maintained by law or governmental order, rule or regulation;
b. Memorial signs or tablets of non-combustible material when built into or attached to the walls of a
building or other structure;
c.
Signs of a duly constituted governmental body, including traffic or regulating devices, legal notices,
railway crossings, danger and other emergency signs;
d. Signs required for direction and convenience of the public not exceeding .2 square metres (2 square
feet) in area including signs which identify rest rooms, parking areas, entrance and exit signs;
e.
One temporary real estate sign for the sale of property only, not to exceed a maximum of 2.79 square
metres (30 square feet) in area, and where said sign is freestanding, no higher than 1.83 metres (6
feet) above grade;
f.
Election signs pursuant to federal and provincial regulations;
g. One, non-illuminated temporary construction sign not to exceed a maximum of 4.65 square metres
(50 square feet) in area, and when said sign is freestanding, no higher than 6.1 metres (20 feet) above
grade.
3.22.3 SIGNS MAINTENANCE
The following provisions apply to sign maintenance within the Municipality of Glenella-Lansdowne:
a.
Signs and sign structures shall be maintained and kept in good state of repair.
b. All abandoned signs must be demolished or removed from the property to which they are associated.
c.
Where a business service or activity ceases to operate, business identification signage must be
removed or relocated within 30 days.
d. Where the Designated Officer deems a sign structure to be abandoned or in disrepair, or its content
to be obsolete, an order may be sent by registered mail to the owner or responsible party, ordering
its repair, removal or update within 30 days of the date of notice. Failure to comply with such order
may result in the removal of the sign by the Municipality at the expense of the owner or the
responsible party.
3.22.4 SIGNS NOT REQUIRING A DEVELOPMENT PERMIT
The following signs are permitted and may be installed without the issuance of a development permit:
a.
One identification sign not exceeding .14 square meters (1.5 square feet) in area for single unit
dwellings, two unit dwellings, and mobile homes;
b. One residential neighbourhood identification sign, provided approval for the design, location,
maintenance and erection are granted by Council;
c.
One identification sign not exceeding 4.65 square metres (50 square feet) in area for institutional
uses;
d. One identification or business sign, attached or freestanding, one square foot of sign surface area for
each linear foot of site width but not exceeding 9.29 square metres (100 square feet) for any
permitted or conditional use in the industrial zones;
e.
Temporary construction signs not exceeding 2.97 square metres (32 square feet) in area; and
f.
Any sign that cannot be seen from off the premises.
3.22.5 PROHIBITED SIGNS
The following signs shall be prohibited in all Zones:
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a.
Animated signs;
b. Roof signs;
c.
Inflated display signs; and
d. Painted signs on fences or roofs.
3.22.6 SIGN BULK STANDARDS
All accessory signs, freestanding or attached to a building, must comply with the standards shown in
Table 3.5 Use Specific Sign Standards, and the associated yard setbacks where applicable. For the
purposes of this By-law, an attached sign includes awning, canopy, fascia, projecting, and window sign
forms.
Table 3.5 - Use Specific Sign Standards
USE CATEOGORY
AND USE
SIGN TYPE
SIGN
FORM
MAXIMUM STANDARDS
SURFACE AREA
HEIGHT
RESIDENTIAL AND RESIDENTIAL-RELATED
Multi-unit Dwelling
Identification
Attached
24 sq. ft.
Below top floor ceiling
Freestanding
24 sq. ft.
10 ft.
COMMERCIAL, CULTURAL AND ENTERTAINMENT, AND PRIVATE MOTOR VEHICLE
General
Identification or
Business
Attached
25% of the front façade of the
principal building, for single
occupancy, to a maximum of 200
sq. ft.;
Combined maximum of 600 sq.
ft. for multiple occupancy.
Below top floor ceiling
Freestanding
250 sq. ft. for first 100 ft. of street
frontage and each 100 ft.
thereafter, up to a maximum of
500 sq. ft.
35 ft.
PUBLIC AND INSTITUTIONAL
General
Identification
Attached or
Freestanding
50 sq. ft.
If attached, below top floor
ceiling;
If freestanding, 35 ft.
INDUSTRIAL
General
Identification or
Business
Attached or
Freestanding
25% of the front façade of the
principal building up to a
maximum of 250 sq. ft.
35 ft.
Directional
Attached or
Freestanding
1 sign per entrance or exit, 12 sq.
ft. per sign;
2 signs per combined
entrance/exit, 12 sq. ft. per sign
n/a
TRANSPORTATION AND UTILITY, AND AGRICULTURAL
General
Identification
Attached or
Freestanding
32 sq. ft.
35 ft.
Directional
Attached or
Freestanding
n/a
n/a
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3.22.7 MOBILE SIGN REGULATIONS
All mobile signs shall be developed in accordance with the following regulations and as specified in Table
3.6 Mobile Sign Standards and the following provisions:
a.
Mobile signs are not permitted in the RR Zone or on residential sites in any other Zone;
b. No mobile sign shall be located within 3.05 metres (10 feet) from the nearest part of any exit or
entrance driveway or within a required off-street parking space.
c.
A mobile sign shall only be established on a temporary basis by the Designated Officer. Each
Development Permit issued for a mobile sign shall be valid for the period specified by the Designated
Officer, up to 6 months in duration. Renewal of the term will be at the discretion of the Designated
Officer.
Table 3.6 - Mobile Sign Standards
Zone
Number of Signs
MAXIMUM STANDARDS
SURFACE AREA
HEIGHT
AG, AGR, AG-L1, AG-L2,
GD
1 sign per lot, where lot borders
a single public street
50 sq. ft.
10 ft.
1 sign per frontage, where lot
borders more than one public
street
50 sq. ft.
10 ft.
2 signs may be established, no
less than 50 ft. apart, where lot
dimension along public street
exceeds 100 ft.
50 sq. ft.
10 ft.
3.22.8 ELECTRONIC SIGNS
Digital copy signs and digital reader boards must:
a.
Have 6 second minimum hold times before transitions and 0.25 second maximum transition times;
d. Not exhibit moving or animated content;
e.
Not exceed 3.2 lux above ambient light condition brightness levels; and
f.
Use automatic dimming.
Municipality of Glenella-Lansdowne Zoning By-law
33
PART 4 ZONES
4.1
LAND USE CATEGORIES
Land use in this By-law is organized on the basis of Use Categories. The intent is to group uses with
common functional or physical characteristics into broader categories. Use Categories organize a range
of uses that are permitted, condition, and accessory within the Municipality of Glenella-Lansdowne. The
uses listed under the Use Categories are inclusive; an exhaustive list is not provided. Use Categories
include:
a.
Residential and Residential Related consists of uses primarily associated with living accommodation,
including private dwellings and residential care facilities;
b. Commercial Use consists of uses primarily associated with the sale or rental of goods, services, and
offices;
c.
Cultural and Entertainment consists of uses primarily associated with the viewing of an interaction
with cultural materials and with indoor and outdoor entertainment venues;
d. Private Motor Vehicle-related consists of uses primarily associated with the repair, storage, or
movement of cars, trucks, motorcycles, recreational vehicles, boats, snowmobiles, trailers, and
similar vehicles. This category also includes fuel sales, drive-in or drive-through facilities, and
parking areas as a principal use of land;
e.
Transportation and Utility consists of uses primarily associated with transportation related
operations such as plane, train, bus, and boat uses, utility related facilities such as electrical,
heating/cooling, and public works yards but does not include processing of waste, recyclables, and
solid waste;
f.
Industrial consists of uses primarily associated with manufacturing, assembly, warehousing, freight,
processing, waste handling, salvage and raw material handling and storage;
g. Agricultural consists of uses primarily associated with farming, ranching, horticulture, floriculture,
viticulture, and apiculture; and
h. Accessory consists of uses commonly established in conjunction with or subsequent to the
establishment of a principal use or uses of land. Where the Use Table identifies a use in the
Accessory Use Category, that use may only be established as an accessory use.
4.2
ESTABLISHMENT OF ZONES
In order to carry out the intent and purpose set forth in this By-law, and that of the Neepawa and Area
Planning District Development Plan, the zone names and abbreviations in this section are hereby
established. The descriptions of zones contained in this section are intended to assist in selecting the
appropriate zone for different types of land, and to assist in identifying the intended character of each
district. Whenever there is a conflict between any zone description and a substantive requirement in
other sections of this By-law, the substantive requirements shall apply.
4.2.1
AGRICULTLURAL ZONES
a.
The Agricultural General Zone (AG) provides for a full range of agricultural uses and activities,
including livestock operations and preserves land for agricultural purposes.
b. The Agricultural Restricted Zone (AGR) provides for agricultural uses and activities on a restricted
basis in areas in order to avoid potential land uses conflicts with livestock operations. This zone also
provides for the preservation of land for agricultural purposes and various rural land uses that are
compatible with agricultural activities.
Municipality of Glenella-Lansdowne Zoning By-law
34
c.
The Agricultural Limited 1 Zone (AG-L1) provides for the preservation of land for agricultural
purposes and various rural land uses that are compatible with each other and the specific sensitive
nature of the zone's natural resources and adjacent land uses. This zone provides for new and
expanding livestock operations in a limited manner.
d. The Agricultural Limited 2 Zone (AG-L2) provides for the preservation of land for agricultural
purposes and various rural land uses that are compatible with each other and the specific sensitive
nature of the zone's natural resources and ecology. This zone provides for new and expanding
livestock operations in a limited manner.
4.2.2
RURAL RESIDENITAL ZONE
The Rural Residential Zone (RR) provides for small-holding, non-farm residential development, not
typically serviced by municipal water and/or sewer.
4.2.3
GENERAL DEVELOPMENT ZONE
The General Development Zone (GD) provides for a compatible and orderly mix of urban land uses and
activities, including residential, commercial and industrial uses that are better located in unincorporated
urban centres, hamlets or small rural settlements.
4.3
LAND USE REGULATIONS
4.3.1
USE TABLE
No new use or expansion of an existing use in any zone may be establish except in conformity with Table
4.1 - Use Table.
Table 4.1 - Use Table
USE
ZONE
Use Specific
Regulation
AG
AGR
AG-L1
AG-L2
RR
GD
AGRICULTURAL
Agricultural Uses
P
P
P
P
-
-
Agricultural Uses, Specialized
P
P
P
P
-
-
Agricultural Education Centres
P
P
P
P
-
-
Livestock Auction Marts
P
P
P
P
-
-
Livestock Operations, expanding up to 99 AU
P*
C*
P*
P*
-
-
See 5.9
Livestock Operations, new up to 99 AU
P*
-
P*
P*
-
-
See 5.9
Livestock Operations, new or expanding 100 AU - 299 AU
P*
-
C*
P*
-
-
See 5.9
Livestock Operations, new or expanding 300 AU - 800 AU
C*
-
-
C*
-
-
See 5.9
Livestock Operations, new or expanding 801+ AU
C*
-
-
-
-
-
See 5.9
Resource-Related Business and Manufacturing
P
P
P
P
-
C
RESIDENTIAL AND RESIDENTIAL-RELATED
Dwelling, Multi Unit
-
-
-
-
-
P
Dwelling, Single Unit, including Mobile Home
C
C
C
C
P
P
Dwelling, Two Unit
-
-
-
-
-
P
Mobile Home Parks
-
-
-
-
C*
C*
See 5.6
Residential Care Facility, four or fewer persons
C
C
C
C
P
P
Residential Care Facility, five to ten persons
C
C
C
C
C
P
COMMERCIAL
Municipality of Glenella-Lansdowne Zoning By-law
35
Table 4.1 - Use Table
USE
ZONE
Use Specific
Regulation
AG
AGR
AG-L1
AG-L2
RR
GD
Agricultural Implement Sales, Service and Repair
P
P
P
P
-
P
Business Offices and Financial Institutions
-
-
-
-
-
P
Drinking Establishments
-
-
-
-
-
C
Drive-in or Drive-thru Establishments
-
-
-
-
-
P
Farm Vacation Establishments
P
P
P
P
-
-
Game Farms
C
C
C
C
-
-
Hotels/Motels
-
-
-
-
-
P
Horticultural and Garden Supply Establishments
C
C
C
C
-
C
Hunting and/or Commercial Recreation Lodges
C
C
C
C
-
-
Restaurants and Lounges
-
-
-
-
-
P
Retail Establishment, Large
-
-
-
-
-
P
Retail Establishment, Small
-
-
-
-
-
P
CULTURAL AND ENTERTAINMENT
Arts Centres, Galleries and Libraries
-
-
-
-
-
C
Community Centres or Community Clubs
-
-
-
-
-
C
Exhibition Grounds
C
C
C
C
-
C
Lodges or Private Clubs
-
-
-
-
C
P
Riding Academies or Stables
P
P
P
P
C
-
PUBLIC AND INSTITUTIONAL
Administrative Buildings and Offices
-
-
-
-
-
P
Animal Hospitals and Veterinary Clinics
C
C
C
C
-
P
Animal Pounds and Kennels
C
C
C
C
-
-
Camping and Tenting Grounds
C
C
C
C
-
-
Cemeteries
C
C
C
C
-
-
Child Care Facility
-
-
-
-
-
P
Clinics
-
-
-
-
-
P
Golf Courses and Driving Ranges
C
C
C
C
-
C
Group Camps
C
C
C
C
-
-
Hospitals
C
C
C
C
-
P
Institutional Care Facility
-
-
-
-
-
P
Parks, Picnic Areas, Playgrounds and Recreational Trails
P
P
P
P
P
P
Places of Worship
C
C
C
C
C
P
Public Utilities and Buildings
P
P
P
P
P
P
Recreation Facilities (Indoor)
-
-
-
-
-
P
Recreation Facilities (Outdoor)
-
-
-
-
-
P
Schools
-
-
-
-
-
P
Wildlife and Forest Management Areas
P
P
P
P
P
-
PRIVATE MOTOR VEHICLE
Car Washes
-
-
-
-
-
C
Municipality of Glenella-Lansdowne Zoning By-law
36
Table 4.1 - Use Table
USE
ZONE
Use Specific
Regulation
AG
AGR
AG-L1
AG-L2
RR
GD
Fuel Sales
-
-
-
-
-
P
Parking and Loading Areas
-
-
-
-
-
P
Vehicle-Related Businesses, including Sales and Service,
Showrooms and Repair
-
-
-
-
-
P
TRANSPORTATION AND UTILITY
Air Landing Strips and associated facilities, necessary to
an agricultural or industrial establishment
C
C
C
C
-
-
Protective and Emergency Services
P
P
P
P
P
P
Recycling Depot
C
-
C
C
-
C
Transportation Terminals and Facilities
-
-
-
-
-
C
Waste Disposal Grounds
C*
-
-
C*
-
-
See 5.3
Water or Wastewater Treatment Facility
C*
C*
C*
C*
C*
C*
See 5.2
Wind Energy Generating System (Commercial)
C*
C*
C*
C*
-
-
See 5.7.1
INDUSTRIAL
Anhydrous Ammonia Storage Facilities
C*
C*
C*
C*
-
C*
See 5.4
Building Materials Sales and Storage
-
-
-
-
-
C
Concrete, Cement and Asphalt Batching Plants
C
-
C
C
-
-
Contractor's Establishments
-
-
-
-
-
C
Dangerous Goods or Agrichemical Storage Facilities
C*
C*
C*
C*
-
C*
See 5.5
General Manufacturing
-
-
-
-
-
C
Heavy Industrial
-
-
-
-
-
C
Junkyards
C
C
C
C
-
-
Light Industrial
-
-
-
-
-
C
Rendering Plants and Abattoirs
C
C
C
C
-
C
Resource-Related Business and Manufacturing
P
P
P
P
-
C
Sand, Gravel and Mineral Extraction Operations
C*
C*
C*
C*
-
-
See 5.16
Vehicle Wrecking and Storage
C
C
C
C
-
-
Warehouses and Storage Establishments
-
-
-
-
-
C
Wholesale Establishments
-
-
-
-
-
C
OTHER
Existing Uses
P
P
P
P
P
P
Planned Unit Developments
-
-
-
-
-
C*
See 5.12
Municipality of Glenella-Lansdowne Zoning By-law
37
4.3.2
ACCESSORY USE TABLE
No person may establish an accessory use unless the building or structure complies with the Accessory
Use Table and any other regulations in this section.
Table 4.2 - Accessory Use Table
USE
ZONE
Use Specific
Regulation
AG
AGR
AG-L1
AG-L2
RR
GD
All other accessory uses not herein listed
C
C
C
C
C
C
Animal Keeping up to .30 A.U. per acre (f)
P*
P*
P*
P*
C*
-
See 5.8
Animal Keeping up to .50 A.U. per acre (g)
P*
P*
P*
P*
-
-
See 5.8
Any building or structure, excluding dwellings,
necessary for the operation, maintenance or
administration of a permitted or conditional use
P
P
P
P
P
P
Bed and Breakfast (a)
P
P
P
P
P
P
Community Halls and Rinks (d)
C
C
C
C
-
-
Dwelling (b)
-
-
-
-
-
P
Farmstead Dwellings (e)
P
P
P
P
-
-
Home Industries at or below 232.25 sq.m. (2,500 sq.ft.)
P*
P*
P*
P*
P*
-
See 5.11.2
Home Industries exceeding 232.25 sq.m. (2,500 sq.ft.)
C*
C*
C*
C*
C*
-
See 5.11.2
Home Occupations
P*
P*
P*
P*
P*
P*
See 5.11.1
Metal Shipping Containers
P*
P*
P*
P*
P*
P*
See 5.14
Outside Storage
P
P
P
P
-
P
Parabolic Dish Antennas
P
P
P
P
P
P
Place of Worship (d)
C
C
C
C
-
-
Playhouses, Garden House, Private Greenhouse, Summer
House (gazebo, sun room or screen room), Swimming
Pools and Hot Tubs, Private Garages, Carports, Covered
Patios, Tool Houses, Sheds, Incinerators and similar uses
(a)
P
P
P
P
P
P
Private Communication Facilities
P*
P*
P*
P*
P*
P*
See 5.13
Retail (c)
C
C
C
C
-
P
Secondary Suites, including Garden Suites
P*
P*
P*
P*
P*
P*
See 5.10
Signs - see sign provisions
P*
P*
P*
P*
P*
P*
See 3.19
Staff Dwelling (h)
C
C
C
C
-
-
Wind Energy Generating System (On-site)
P
P
P
P
P
P
See 5.7.2
TABLE NOTES
a.
When accessory to a principal or accessory residential use.
b. When required for a watchman or caretaker employed upon the premises of a commercial or industrial
use or in the second storey or rear of commercial use.
c.
When incidental to another permitted or conditional commercial or industrial use.
d. When incidental to and developed on an existing farm.
e.
When accessory to an agricultural use and includes a single-unit dwelling or mobile home.
f.
When accessory to a principal residential use.
g. When accessory to a principal residential or agricultural use.
h. When located on the same site with a permitted or conditional agricultural uses where, in the opinion of
Council, said dwelling is essential for the maintenance, operation, and care of the permitted or
Municipality of Glenella-Lansdowne Zoning By-law
38
conditional agricultural use. This use may include a secondary suite or mobile home.
4.3.3
BULK TABLE
No person may erect a building or structure in any zone unless the building or structure complies with
the Bulk Table and any other regulations in this section.
Table 4.3 - Bulk Table
PERMITTED OR CONDITIONAL USE
ZONE
Site
Area
(acres)
Site
Width
(ft.)
Front
Yard
(ft.)
Side
Yard
(ft.)
Rear Yard
(ft.)
Use
Specific
Regulation
Accessory Uses, Buildings and Structures
(e)
AG
AGR
AG-L1
AG-L2
-
-
125
50
50
See 5.1,
5.10, 5.11,
5.14 and
5.15
RR
-
-
50
15
15
GD
-
-
30
6
5
See 5.1,
5.10, 5.11,
5.15
AGRICULTURAL
Agricultural Uses
AG
AGR
AG-L1
AG-L2
80
660
125
125
125
-
Agricultural Uses, Specialized
AG
AGR
AG-L1
AG-L2
10
330
125
125
125
-
Agricultural Education Centres
AG
AGR
AG-L1
AG-L2
10
330
125
50
50
-
Livestock Auction Marts
AG
AGR
AG-L1
AG-L2
5
250
125
70
50
-
Livestock Operations (f)
AG
80
1000
328
328
328
See 5.9
AGR
80
2000
328
328
328
AG-L1
80
1000
328
328
328
AG-L2
80
1000
328
328
328
Resource-Related Business and
Manufacturing
AG
AGR
AG-L1
AG-L2
5
250
125
70
50
-
GD
20,000
sq. ft.
100
20
10
25
-
RESIDENTIAL AND RESIDENTIAL RELATED
Dwelling, Farmstead
AG
AGR
AG-L1
AG-L2
2
200
125
50
50
-
Dwelling, Multi Unit
GD
20,000
100
30
12(h)
25(i)
-
Municipality of Glenella-Lansdowne Zoning By-law
39
Table 4.3 - Bulk Table
PERMITTED OR CONDITIONAL USE
ZONE
Site
Area
(acres)
Site
Width
(ft.)
Front
Yard
(ft.)
Side
Yard
(ft.)
Rear Yard
(ft.)
Use
Specific
Regulation
sq. ft.(g)
400 sq. ft. minimum dwelling unit area;
Maximum site coverage shall be 60%
Dwelling, Single Unit, including Mobile
Homes
AG
AGR
AG-L1
AG-L2
2(j)
200
125
50
50
-
400 sq. ft. minimum dwelling unit area
RR
2
150
50
30
30
-
700 sq. ft. minimum dwelling unit area
GD
15,000
sq. ft.(k)
100(k)
30
12(h)
25(i)
-
700 sq. ft. minimum dwelling unit area
Dwelling, Two Unit
GD
15,000
sq. ft.
100
30
12(h)
25(i)
-
Mobile Home Parks
RR
GD
-
See 5.6
Residential Care Facility, four or fewer
persons
AG
AGR
AG-L1
AG-L2
2(j)
200
125
50
50
-
RR
2
200
50
30
30
-
GD
15,000
sq. ft.
100
30
12
25
-
Residential Care Facility, four or fewer
persons
AG
AGR
AG-L1
AG-L2
2
200
125
50
50
-
RR
2
200
50
30
30
-
GD
15,000
sq. ft.
100
30
12
25
-
COMMERCIAL
Agricultural Implement Sales, Service and
Repair
AG
AGR
AG-L1
AG-L2
5
250
125
70
50
-
GD
1
100
20
10
25
-
Business Offices and Financial Institutions
GD
10,000
sq. ft.
100
0
5
25
-
Drinking Establishments
GD
15,000
sq. ft.
100
20
10
25
-
Drive-in or Drive-thru Establishments
GD
10,000
sq. ft.
100
20
10
25
-
Farm Vacation Establishments
AG
AGR
AG-L1
AG-L2
80
1000
325
325
325
-
Game Farms
AG
80
1000
325
325
325
-
Municipality of Glenella-Lansdowne Zoning By-law
40
Table 4.3 - Bulk Table
PERMITTED OR CONDITIONAL USE
ZONE
Site
Area
(acres)
Site
Width
(ft.)
Front
Yard
(ft.)
Side
Yard
(ft.)
Rear Yard
(ft.)
Use
Specific
Regulation
AGR
AG-L1
AG-L2
Hotels/Motels
GD
20,000
sq. ft.
100
20
10
25
-
700 sq. ft. minimum building area
Horticultural and Garden Supply
Establishments
AG
AGR
AG-L1
AG-L2
5
270
75
25
25
-
GD
15,000
sq. ft.
100
20
10
25
-
Hunting and/or Commercial Recreation
Lodges
AG
AGR
AG-L1
AG-L2
10
300
125
50
50
-
Restaurants and Lounges
GD
15,000
sq. ft.
100
20
10
25
-
Retail Establishment, Large
GD
15,000
sq. ft.
100
0
0
25
-
Retail Establishment, Small
GD
5,000
sq. ft.
50
0
0
25
-
CULTURAL AND ENTERTAINMENT
Arts Centres, Galleries and Libraries
GD
10,000
sq. ft.
100
20
10
25
-
Community Centres or Community Clubs
GD
10,000
sq. ft.
100
20
10
25
-
Exhibition Grounds
AG
AGR
AG-L1
AG-L2
GD
5
250
125
70
50
-
Lodges or Private Clubs
RR
2
200
50
30
30
-
GD
5,000
sq. ft.
50
0
0
25
-
Riding Academies or Stables
AG
AGR
AG-L1
AG-L2
RR
5
300
125
50
50
-
PUBLIC AND INSTITUTIONAL
Administrative Buildings and Offices
GD
15,000
sq. ft.
100
0
0
25
-
Animal Hospitals and Veterinary Clinics
AG
AGR
AG-L1
AG-L2
5
270
75
25
25
-
GD
15,000
100
0
0
25
-
Municipality of Glenella-Lansdowne Zoning By-law
41
Table 4.3 - Bulk Table
PERMITTED OR CONDITIONAL USE
ZONE
Site
Area
(acres)
Site
Width
(ft.)
Front
Yard
(ft.)
Side
Yard
(ft.)
Rear Yard
(ft.)
Use
Specific
Regulation
sq. ft.
Animal Pounds and Kennels
AG
AGR
AG-L1
AG-L2
5
270
75
25
25
-
Camping and Tenting Grounds
AG
AGR
AG-L1
AG-L2
5
270
75
25
25
-
Cemeteries
AG
AGR
AG-L1
AG-L2
2
200
125
50
50
-
Childcare Facility
GD
15,000
sq. ft.
100
0
0
25
-
Clinics
GD
15,000
sq. ft.
100
0
0
25
-
Golf Courses and Driving Ranges
AG
AGR
AG-L1
AG-L2
50
575
125
50
50
-
GD
1
120
20
10
25
-
Group Camps
AG
AGR
AG-L1
AG-L2
5
270
75
25
25
-
Hospital
AG
AGR
AG-L1
AG-L2
10
500
125
50
50
-
GD
15,000
100
0
0
25
-
Institutional Care Facility
GD
25,000
sq. ft.
150
20
10
25
-
Parks, Picnic Areas, Playgrounds and
Recreation Trails
AG
AGR
AG-L1
AG-L2
2
200
125
50
50
-
RR
2
200
50
30
30
-
GD
As determined by Council
-
Places of Worship
AG
AGR
AG-L1
AG-L2
RR
2
200
50
30
30
-
GD
20,000
sq. ft.
100
20
10
25
-
Public Utilities and Buildings
AG
AGR
-
-
125
50
50
-
Municipality of Glenella-Lansdowne Zoning By-law
42
Table 4.3 - Bulk Table
PERMITTED OR CONDITIONAL USE
ZONE
Site
Area
(acres)
Site
Width
(ft.)
Front
Yard
(ft.)
Side
Yard
(ft.)
Rear Yard
(ft.)
Use
Specific
Regulation
AG-L1
AG-L2
RR
2
200
50
30
30
-
GD
15,000
sq. ft
100
20
10
25
-
Recreation Facilities (Indoor and Outdoor)
GD
10,000
sq. ft.
100
20
10
25
-
Schools
GD
5
200
20
10
25
-
Wildlife and Forest Management Areas
AG
AGR
AG-L1
AG-L2
RR
80
660
125
50
50
-
PRIVATE MOTOR VEHICLE
Car Washes
GD
10,000
sq. ft.
100
0
10
25
-
Fuel Sales
GD
10,000
sq. ft.
100
0
10
25
-
Parking and Loading Areas
GD
10,000
sq. ft.
100
0
10
25
-
Vehicle-Related Businesses, including
Sales and Service, Showrooms and Repair
GD
10,000
sq. ft.
100
0
10
25
-
TRANSPORTATION AND UTILITY
Air Landing Strips, and associated
facilities, necessary to an agricultural or
industrial establishment
AG
AGR
AG-L1
AG-L2
- (l)
- (l)
225 (l)
225 (l)
225 (l)
-
Protective and Emergency Services
AG
AGR
AG-L1
AG-L2
-
-
125
50
50
-
RR
2
200
50
30
30
-
GD
15,000
sq. ft
100
20
10
25
-
Recycling Depot
AG
AG-L1
AG-L2
GD
10,000
sq. ft.
100
20
10
25
-
Transportation Terminals and Facilities
GD
10,000
sq. ft.
100
20
10
25
-
Waste Disposal Grounds
AG
AG-L2
15
500
125
100
100
See 5.3
Water or Wastewater Treatment Facility
AG
AGR
AG-L1
AG-L2
RR
GD
10
300
125
50
50
See 5.2
Municipality of Glenella-Lansdowne Zoning By-law
43
Table 4.3 - Bulk Table
PERMITTED OR CONDITIONAL USE
ZONE
Site
Area
(acres)
Site
Width
(ft.)
Front
Yard
(ft.)
Side
Yard
(ft.)
Rear Yard
(ft.)
Use
Specific
Regulation
Wind Energy Generating System
AG
AGR
AG-L1
AG-L2
7
300
125
50
50
See 5.7
INDUSTRIAL
Anhydrous Ammonia Storage Facilities
AG
AGR
AG-L1
AG-L2
5
250
125
70
50
See 5.4
GD
20,000
sq. ft.
100
20
10
25
Building Material Sales and Storage
GD
1
120
20
10
25
-
Concrete, Cement and Asphalt Batching
Plants
AG
AG-L1
AG-L2
10
300
125
100
100
-
Contractor's Establishments
GD
20,000
sq. ft.
100
20
10
25
-
Dangerous Goods or Agrichemical Storage
Facilities
AG
AGR
AG-L1
AG-L2
5
250
125
70
50
See 5.5
GD
20,000
sq. ft.
100
20
10
25
General Manufacturing
GD
20,000
sq. ft.
100
20
10
25
-
Heavy Industrial
GD
20,000
sq. ft.
100
20
10
25
-
Junkyards
AG
AGR
AG-L1
AG-L2
5
270
125
50
50
-
Light Industrial
GD
20,000
sq. ft.
100
20
10
25
-
Rendering Plants and Abattoirs
AG
AGR
AG-L1
AG-L2
5
270
125
50
50
-
GD
20,000
sq. ft.
100
25
10
25
-
Resource-Related Business and
Manufacturing
AG
AGR
AG-L1
AG-L2
5
250
125
70
50
-
GD
20,000
sq. ft.
100
20
10
25
-
Sand, Gravel and Mineral Extraction
Operations
AG
AGR
AG-L1
20
300
125
50
50
See 5.16
Municipality of Glenella-Lansdowne Zoning By-law
44
Table 4.3 - Bulk Table
PERMITTED OR CONDITIONAL USE
ZONE
Site
Area
(acres)
Site
Width
(ft.)
Front
Yard
(ft.)
Side
Yard
(ft.)
Rear Yard
(ft.)
Use
Specific
Regulation
AG-L2
Vehicle Wrecking and Storage
AG
AGR
AG-L1
AG-L2
5
300
125
50
50
-
Warehouses and Storage Establishments
GD
15,000
sq.ft.
100
20
10
25
-
Wholesale Establishments
GD
20,000
sq. ft.
100
25
10
25
-
OTHER
Existing Uses
ALL ZONES
-
-
Planned Unit Developments
GD
-
See 5.12
TABLE NOTES
a.
The minimum yard requirements in this table apply to buildings and structures only unless otherwise
indicated.
b. All yard are subject to the requirements of The Highways Protection Act and The Highways and Transportation
Act if located adjacent to at provincial trunk highway (PTH) or a provincial road (PR).
c.
Where the front, side or rear yard abuts a Municipal Road allowance, the minimum yard requirements
shall be increased to 38.1 metres (125 feet).
d. In the GD Zone, where sites comprising forty percent (40%) or more of the entire frontage of the block
(excluding reversed corner sites) are developed with buildings, the average front yard depths of the
buildings shall establish the required front yards of the block provided the average is less than the
minimum front yard required in the GD Zone.
e.
The maximum height of accessory buildings and structures shall not exceed the height of the principal
building or structure in the RR or GD zones.
f.
Each livestock operation is required to meet the provisions of the Livestock Manure and Mortalities
Management Regulation M.R. 42/98.
g. 20,000 sq. ft. for the first 4 dwelling units plus 1,000 sq. ft. for each additional dwelling unit.
h. The minimum required yard shall be six (6) feet if the site is serviced with municipal water and
wastewater, except where there is no public lane to the rear of the lot, one side yard shall be twelve (12)
feet.
i.
The minimum required rear yard shall be eight (8) feet where there is a rear lane.
j.
The maximum site area shall be 10 acres, or as defined by an existing shelterbelt. Notwithstanding the
requirements for a non-farm dwelling, a single-unit dwelling may occupy a site more than 10 acres
provided that such an adverse situation was created by virtue of a public work, such as public right-of-
way, ditch, dyke, railway, hydro transmission line, water reservoir or a public park or any other public
utility or use of a like nature or by a natural river, stream, or lake, a shelterbelt, an established farmyard,
or a natural topographic feature that should be contained within the site.
k. The minimum required site area shall be 5,000 sq. ft. and the minimum required width shall be 50 feet if
the site is serviced with municipal water and wastewater.
l.
Notwithstanding anything in this PART, air landing strips shall be subject to Transport Canada
requirements where applicable.
Municipality of Glenella-Lansdowne Zoning By-law
45
Table 4.3 - Bulk Table
PERMITTED OR CONDITIONAL USE
ZONE
Site
Area
(acres)
Site
Width
(ft.)
Front
Yard
(ft.)
Side
Yard
(ft.)
Rear Yard
(ft.)
Use
Specific
Regulation
PART 5 USE-SPECIFIC REGULATIONS
5.1
SWIMMING POOLS AND HOT TUBS
Private swimming pools, hot tubs, and similar structures with a water depth of greater than .61 metres (2
feet), shall be allowed as a permitted accessory use to a residential use (including when located on a
farm) provided that:
a.
They meet the sitting requirements of accessory structures for the zone in which they are located;
b. The pool area is protected by a fence with lockable gates and a minimum height of 1.83 metres (6 feet)
to prevent unauthorized entry. The fence and gate must be constructed so as to prevent a child from
crawling underneath;
c.
A development permit is issued under this bylaw; and
d. Nothing in this subsection shall relieve any such structure from complying with the requirements
under the local Building Bylaw or applicable provincial regulations including The Buildings and
Mobile Homes Act and The Public Health Act.
5.2
STANDARDS FOR SEWAGE TREATMENT SITES (LAGOON)
A mutual separation distance of 402 metres (1,320 feet) shall be maintained between a habitable dwelling
and a sewage treatment site or lagoon.
5.3
STANDARDS FOR WASTE DISPOSAL SITES
A mutual separation distance of 457 metres (1,500 feet) shall be maintained between a habitable dwelling
and a waste disposal site. This mutual separation distance may be reduced only if it can be conclusively
demonstrated by an engineering study, to the satisfaction of Council that methane gas generation will
not create a problem in the habitable dwelling.
5.4
SEPARATION DISTANCES FOR ANHYDROUS AMMONIA STORAGE
FACILITIES
Anhydrous Ammonia Storage Facilities shall be located at a minimum distance of:
a.
1500 metres (5,000 feet) from the lot line of any evacuation-sensitive facilities such as schools,
hospitals, senior citizens' homes, and other institutional facilities;
b. 1500 metres (5,000 feet) away from any village or settlement centre;
c.
500 metres (1,640 feet) from any dwelling;
d. 50 metres (160 feet) away from any creek, stream, or environmentally sensitive area; and
e.
100 metres (330 feet) from the edge of the right-of-way of a Provincial Road or Highway.
Municipality of Glenella-Lansdowne Zoning By-law
46
5.5
SEPARATION DISTANCES FOR DANGEROUS GOODS OR AGRICHEMICAL
STORAGE FACILITIES
Dangerous goods or agrichemical storage facilities shall be located at a minimum distance of 50 meters
(165 feet) from the site property lines in the RR and SR zones and from any residential use in the
agricultural or GD zones.
5.6
SPECIAL REGULATIONS FOR MOBILE HOME PARKS
All mobile home park developments shall meet the requirements noted in Table 5.1 Mobile Home Park
Bulk Table and the following:
a.
Internal roadways within Mobile Home Parks shall be as follows:
(i)
The main collector road of the internal roadway system shall have a right-of-way a minimum
width of 50 feet.
(ii)
All other roads within the internal road system shall have a minimum width of 25 feet;
b. A buffer area at least 20 feet in width shall be provided within and adjacent to the perimeter of a
mobile home park property boundary;
c.
The buffer area provided in clause b. shall be developed as an area suitable landscaped with trees,
shrubs, grass and similar horticultural features;
d. The buffer area may be crossed by an access right-of-way a minimum of 50 ft. in width containing a
driveway a minimum of 25 ft. in width, from a street to the internal roadway system;
e.
The buffer area shall contain no use other than permitted by clause c. and d. above;
f.
A mobile home park shall contain a common recreational area or open space as follows:
(i)
The common recreational area or open space shall contain a minimum of 5% of the mobile
home park area;
(ii)
The common recreational area or open space shall not be part of the buffer area provided in
clause b.;
(iii) The common recreational area or open space shall be bordered by a fence or hedge where it
abuts any part of the internal road network;
g. A mobile home space shall be provided with the following:
(i)
A sewer and water connection;
(ii)
An electrical service outlet; and
(iii) An adequate base support for the mobile home;
Table 5.1 - Mobile Home Park Bulk Table
ZONE
USE TYPE
SITES
YARDS
OTHER
Area
(sq. ft.)
Width
(ft.)
Front
(ft.)
Side (ft.)
Rear (ft.)
Building
Distance
(ft.)
Max
Height
(ft.)
Int.
Corner
Lane
No
Lane
GD
Mobile
Home Park
-
200
20
20
20
20
20
-
36
Mobile
Home Space
4,000
40
15
8
10
15
15
-
36
Accessory
-
-
15
4
10
5
2
4
12
Municipality of Glenella-Lansdowne Zoning By-law
47
5.7
STANDARDS FOR WIND ENERGY GENERATING SYSTEMS
5.7.1
COMMERCIAL SYSTEMS
A commercial Wind Energy Generating System tower must meet the following standards:
a.
It is set back no less than 1.5 times the total turbine height from the property line and any public road
or railway right of way. This setback distance can be reduced to .5 times the total turbine height
where the property line(s) nearest to any given turbine define and separate properties belonging to
the same landowner with a lease of the same type and duration;
b. It is set back no less than 30 metres (100 feet) from a water body or waterway;
c.
The minimum separation distance between a commercial wind energy generating system tower and
the nearest habitable building shall be 402 metres (1320 feet);
d. The minimum separation distance between a commercial wind energy generating system tower and
the nearest GD or RR Zone shall be 805 metres (2640 feet);
e.
It contains no commercial advertising other than the manufacturer's or owner's name or logo;
f.
It contains no artificial lighting other than the lighting that is required by federal and provincial
regulation; and
g.
As part of their development permit application, proponents for Wind Energy Generation Systems
must submit a detailed site plan showing the location of all wind generating devices, associated
accessory buildings or structures, electrical lines (above or below ground) on-site roads and
driveways providing access to the public road system.
5.7.2
ON-SITE OR ROOFTOP SYSTEMS
An on-site Wind Energy Generating System must meet all of the following standards:
a.
It is set back at least six meters (20 feet) from the front building line, or, in the case of corner lots, at
least 4.5 meters (15 feet) from the front and side lot line;
b. It is limited to a total turbine height of no more than 4.5 meters (15 feet) above the rooftop; and
c.
It is safely and securely attached to the rooftop in compliance with the Federal and Provincial
Building Codes.
5.8
ANIMAL KEEPING
a.
Livestock under 10 A.U. and up to .50 A.U. per acre, including any associated buildings or structures,
may be kept in agricultural zones as an accessory use provided the lot is a minimum of 2 acres in
size;
b. Livestock under 10 A.U. and up to .30 A.U. per acre, including any associated buildings or structures,
may be kept in the RR zone as an accessory use provided the lot is a minimum of 2 acres in size; and
c.
All livestock confinement buildings and structure housing animals producing under 10 A.U. shall be
located a minimum of 152.4 metres (500 feet) from a residence (other than the livestock owner's
residence), and shall have a minimum side or rear yard of 15.24 metres (50 feet).
d. Animal Keeping is not permitted within the GD Zone.
5.9
LIVESTOCK OPERATION REQUIREMENTS
a.
A permit is required for any livestock operation.
b. The number of Animal Units (A.U.) for a Livestock Operation shall be determined in accordance with
the Act. Table 5-2 reproduces the A.U. table in the Act for reference and it may be updated from time
Municipality of Glenella-Lansdowne Zoning By-law
48
to time in accordance with changes to the Act.
c.
To provide protection for surface water bodies and water courses, all new confinement buildings and
structures must be above the high water level, be outside the riparian area located along each side of
the water body, and be 100 metres (328 feet) outside and above the top of the water body's upper
bank.
d. Variances may be issued to reduce separation distances found in the Zoning By-law, subject to the
policies of the NAPD Development Plan and the requirements of the Act.
e.
Existing livestock operations that are of a size that exceeds the limitation established in this By-law,
are deemed to be non-conforming use as of the date of adoption of this By-law, and may continue to
exist and operate at the animal unit capacity at which they existed on that date, even if the existing
number of animal units on the adoption date of this By-law were subsequently reduced below that
number of animal units for more than twelve consecutive months, by a maximum of 36 months.
Expansion of these operations will be governed by the provisions of the Act.
f.
Existing livestock operations and single residences or designated areas that do not meet the required
mutual separation distances in Table 5-3 shall be deemed to possess a variation order for their
current separation distances.
Table 5.2 - Animal Unit Summary Table
Type of Operation
Animal Units Produced by One
Animal
Livestock Producing One
Animal Unit
Dairy
Milking Cows, including associated livestock
2.0
0.5
Beef
Beef Cows, including associated livestock
1.25
0.8
Backgrounder
0.5
2.0
Summer Pasture/replacement heifers
0.625
1.6
Feeder cattle
0.769
1.3
Hogs
Sows, farrow to finish
1.25
0.8
Sows, farrow to weanling
0.25
4.0
Sows, farrow to nursery
0.313
3.2
Weanlings
0.033
30.0
Growers/Finishers
0.143
7.0
Boars (artificial insemination operations)
0.2
5.0
Chickens
Broilers
0.005
200.0
Roasters
0.01
100.0
Layers
0.0083
120.0
Pullets
0.0033
300.0
Broiler Breeder Pullets
0.0033
300.0
Broiler Breeder Hens
0.01
100.0
Turkeys
Broilers
0.01
100.0
Heavy Toms
0.02
50.0
Heavy Hens
0.01
100.0
Horses
Mares, including associated livestock
1.333
0.75
Sheep
Municipality of Glenella-Lansdowne Zoning By-law
49
Ewes, including associated livestock
0.20
5.0
Feeder Lambs
0.063
16.0
5.9.1
LIVESTOCK APPLICATION - REQUIRED INFORMATION
Any development proposal for a new livestock operation or for the expansion of an existing livestock
operation shall be subject to review by the Designated Officer. When reviewing a livestock operation
application, the following shall be taken into consideration:
a.
The type of operation;
b. The size of the operation, including the maximum number of animals;
c.
Water needs and supply type;
d. The provision and location of the amount of suitable land available for disposal of manure;
e.
When the operation produces less than 300 animal units supply; Canada Land Inventory soils class for
agriculture, location of surface streams and flood risk within the area of the animal housing facility
and manure facility and greater surrounding area proposed for intensive use by the operation;
f.
The onsite drainage system, fencing, landscaping, shelter belts, measures to reduce odour and off-site
use and maintenance of roads;
g.
Surrounding land use and compatibility with same, single uses (residential, etc.) and designated
residential, recreation, urban areas and other livestock operations within a 3 kilometre radius; and
h. A livestock operation operator is not required to own lands receiving manure.
5.9.2
APPROVAL PROCESS FOR LIVESTOCK OPERATIONS UNDER 300 ANIMAL UNITS
a.
Applications for new or expanded livestock operations shall be received by the Designated Officer.
b. The Officer shall review the application with respect to applicable Development Plan policy,
Development Plan livestock capacity maps, Zoning By-law requirements (note, an operation of this
size does not require a manure management plan unless required by Manitoba Sustainable
Development).
c.
Complying permitted use operations shall receive an approved Development Permit.
d. Operations that require conditional use approval shall be advised to apply for same. Where policy
requires, the proposed application shall be sent to the Technical Review Committee for a report.
e.
Non-complying proposals may mean rejection or the Designated Officer may refer the application to
Council and the Planning Board depending on the issue for a decision.
f.
Notification of livestock operation approval shall be sent to all Provincial agencies involved with the
application.
5.9.3
APPROVAL PROCESS FOR LIVESTOCK OPERATIONS OF 300 OR MORE ANIMAL UNITS
a.
Applications for new or expanded livestock operations shall be submitted to Council through the
Designated Officer.
b. A copy of the application and all accompanying material shall be immediately sent to the Minister of
Indigenous and Municipal Relations.
c.
The procedure defined in the Act for processing, reviewing and approving livestock operation
application involving 300 or more animal units shall be used.
Municipality of Glenella-Lansdowne Zoning By-law
50
5.9.4
MUTUAL SEPARATION OF DWELLING AND LIVESTOCK OPERATIONS
Mutual separation distances between any new residential dwellings, including cottage dwellings, mobile
homes, hotels, motels, eating establishments, and hospitals and any livestock building or manure storage
facility producing 10 Animal Units (A.U.) or greater shall be the same as the Minimum Separation
Distances as described in Table 5-3. Livestock production operators that have their residences located on
the same site as the Livestock Operation are excluded from this requirement. The mutual separation
distance is deemed to be a yard requirement consistent with the provisions contained in the Act.
5.9.5
MUTUAL SEPARATION OF DESIGNATION RESIDENTIAL AREAS AND LIVESTOCK
OPERATIONS
Mutual separation distances between any designated residential, rural residential, seasonal residential,
recreation area or park identified in the Development Plan and any Livestock Building or manure storage
facility producing 10 Animal Units (A.U.) or greater shall be the same as the Minimum Separation
Distances as described in Table 5-3.
Table 5.3 - Minimum Separation Distances for Siting Livestock
Operations (a)
Size of Livestock Operation in A.U.
Separation Distance in Metres (Feet)
from a Residence
Separation Distance in Metres (Feet)
from a Designated Area
To Earthen
Manure Storage
Facility or Feed
Lot
To Animal
Confinement or
Non-earthen
Manure Storage
Facility
To Earthen
Manure Storage
Facility or Feed
Lot
To Animal
Confinement or
Non-earthen
Manure Storage
Facility
10-100
200 (656)
100 (328)
800 (2,625)
530 (1,739)
101-200
300 (984)
150 (492)
1,200 (3,937)
800 (2.625)
201-300
400 (1,312)
200 (656)
1,600 (5,246)
1,070 (3,511)
301-400
450 (1,476)
225 (738)
1,800 (5,906)
1,200 (3,937)
401-800
500 (1,640)
250 (820)
2,000 (6,561)
1,330 (4,364)
801-1,600
600 (1,968)
300 (984)
2,400 (7,874)
1,600 (5,249)
1,601-3,200
700 (2,297)
350 (1,148)
2,800 (9,186)
1,870 (6,135)
3,201-6,400
800 (2,625)
400 (1,312)
3,200 (10,499)
2,130 (6,988)
6,401-12,800
900 (2,953)
450 (1,476)
3,600 (11,811)
2,400 (7,874)
>12,800
1,000 (3,281)
500 (1,640)
4,000 (13,123)
2,670 (8,760)
a.
Applies to new and expanding Livestock Operations and new residences only.
5.10 SECONDARY SUITES
A Secondary Suite is permitted as an accessory use to a single unit dwelling located in any zoning district
provided that:
a.
The principal dwelling is on a lot of not less than 372 square metres (4000 square feet);
b. Properties containing a Secondary Suite contain a minimum of 2 off-street parking spaces;
c.
The Secondary Suite not exceed a floor area of 75 square metres (800 square feet) or 40% of the floor
area of the principal building, whichever is less;
d. The Secondary Suite contains a minimum of 2 rooms, one of which being a bathroom;
e.
Only 1 entrance to the residence is visible from the front street, unless the residence contained an
Municipality of Glenella-Lansdowne Zoning By-law
51
additional street-facing entrance prior to the creation of the Secondary Suite;
f.
Only 1 Secondary Suite is permitted per single unit dwelling. Where a lot already contains a single
unit dwelling with a Garden Suite, a Secondary Suite is not permitted.
5.10.1 GARDEN SUITES
A Garden Suite is conditional as an accessory use to a single unit dwelling in any zoning district and
provided that:
a.
Garden Suites will not be permitted on properties smaller than 465 square metres (5000 square feet)
in size.
b. The Garden Suite not exceed a floor area of 75 square metres (800 square feet) or 40% of the floor
area of the principal building, whichever is less;
c.
Garden Suites shall comply with the yard requirements applicable to accessory buildings.
d. A Garden Suite shall not contain a basement.
e.
Vehicular access to the Garden Suite shall be provided via an existing driveway.
f.
Garden Suites shall be connected to the municipal water and sewer systems.
g. Only 1 Garden Suite may be established per lot on which a single family dwelling exists. Where a lot
already contains a single unit dwelling with a Secondary Suite, a Garden Suite is not permitted.
h. A Garden Suite cannot be a mobile home.
5.11
HOME OCCUPATIONS AND HOME INDUSTRIES
5.11.1
HOME OCCUPATIONS
A Home Occupation shall comply with the following regulations:
a.
The Home Occupation shall be limited to those uses which do not interfere with the rights of other
residents to quiet enjoyment of their neighbourhood.
b. The Home Occupation shall be owned by the member(s) of the family residing at the dwelling unit
and can have a maximum of two on-site employees.
c.
Shall be subject to the sign requirements of the zone.
d. The Home Occupation shall be operated as a secondary use only, and shall not change the principal
character or external appearance of the dwelling unit involved.
e.
A Home Occupation within a dwelling unit or accessory building shall not exceed a maximum floor
area of 55.74 square metres (600 square feet).
f.
The Home Occupation shall not be permitted if, in the opinion of the Designated Officer, such use
would be more appropriately located in another Zoning District having regard for, among other
matters, potential traffic generation and potential interference with the residential character of the
area.
g. In addition to the information generally required for a Development Permit, each application for a
Development Permit for a proposed Home Occupation shall include a description of the office use to
be undertaken at the premises and an indication of where any materials, equipment or vehicles
associated with the office use are to be stored.
h. In the case of retail sales or distribution, it offers articles for sale which are limited to those
produced therein or articles that are produced elsewhere but are pre-packaged and held only on a
temporary basis for distribution to customers.
i.
The home occupation shall not create nuisance by the way of dust, noise, vibration, smoke, odour,
litter, light or heat nor shall it create or cause any fire hazard, electrical interference or traffic
congestion in the neighbourhood.
Municipality of Glenella-Lansdowne Zoning By-law
52
5.11.2 HOME INDUSTRIES
A Home Industry shall comply with the following regulations:
a.
The Home Industry shall operate as a secondary use and be carried out in a building that is accessory
to a dwelling unit.
b. The Home Industry shall be permitted with a resolution approving the use from Council provided it
does not exceed a floor area of 232.25 square metres (2,500 square feet). Should the Home Industry
exceed a floor area of 232.25 square meters (2,500 square feet), it shall be subject to a conditional use.
c.
The Home Industry shall be located on the same yard site that serves the farm operation or adjacent
to it or, the Home Industry use is to be located on the same non-farm residential site but adjacent to
the site area required for the residence.
d. The Home Industry shall not require the creation of a new title separate from the title for the
principal use.
e.
The employment of family and non-family members is allowed as part of the Home Industry to a
maximum of five persons.
f.
The selling of goods or services related to the Home Industry is allowed.
g. The character and scale of the Home Industry shall not create offensive or objectionable impacts on
any adjoining sites.
h. Outside storage of goods and materials is allowed as part of the Home Industry if the storage is
located to the rear of a line adjacent to and parallel with the front wall of the building.
i.
Shall be subject to the sign requirements of the zone.
j.
There shall be no mechanical or electrical equipment used which creates noise, or visible and
audible interference in radio or television reception in adjacent dwelling units.
k. The Home Industry shall comply with all environmental and public health standards of the Province
of Manitoba. If Council determines that a proposed Home Industry may conflict with these
standards, the application shall be referred to the appropriate Provincial department(s) prior to
issuing a Development Permit.
l.
In addition to the information generally required for a Development Permit, each application for a
Development Permit for a proposed Home Industry shall include a description of the office use to be
undertaken at the premises and an indication of where any materials, equipment or vehicles
associated with the office use are to be stored.
5.12
PLANNED UNIT DEVELOPMENTS
A Planned Unit Development shall comply with the following regulations:
a.
Specific regulations in a Zoning District shall not directly apply to Planned Unit Developments.
However, the project shall produce an environment of stable and desirable character and shall
incorporate at least equivalent standards of building separation, parking, height and other
regulations and regulations of this By-law.
b. Planned Unit Developments shall be dealt with in accordance with the Conditional Use provisions.
c.
An application for a Planned Unit Development shall include normal development permit
regulations as well as an impact study that outlines the following information:
(i)
economic, social and environmental benefits to the community;
(ii)
the effect on the general character of the area and adjacent areas;
(iii) the effect on the general environment including, but not necessarily limited to, drainage,
groundwater and erosion;
Municipality of Glenella-Lansdowne Zoning By-law
53
(iv)
the effect on Municipal services and the street system; and
(v)
such additional information as required by Council.
d. The density of development shall not be increased from the normal density per gross hectare (acre)
permitted in the Zoning District in which the proposed Planned Unit Development is located.
e.
Planned Unit Developments shall be regulated through a site plan agreement or development
agreement which is caveated against the title at the Land Titles office.
f.
An overall landscaping plan shall be prepared.
g. Any public park areas shall be dedicated to the municipality.
5.13
PRIVATE COMMUNICATION FACILITIES
Private communication facilities are permitted in all zones as an accessory use in accordance with the
minimum yard requirements for accessory structures in the zone in which it is to be located or erected,
with the following exceptions:
a.
A private communication facility is not subject to the height requirements for accessory structures;
b. A private communication facility may be located in any rear or side yard in any zone. It may also be
located in the front yard of AG, AGR, AG-L2, and RR Zones; and
c.
A private communication facility shall be set back from all property lines of the site on which it is
located a minimum distance equal to its total height, measured from grade to the uppermost point of
its extension.
5.14
METAL SHIPPING CONTAINERS
Metal shipping containers may be permitted in all Zones as follows:
a.
If on-site for fewer than 90 days per calendar year:
(i)
shall be classified as a Temporary Use;
(ii)
shall be located to the rear and/or side of the principal building; and
(iii) for sites, less than 2.5 acres there shall be no more than 2 metal storage containers; for sites
between 2.5 acres and 5 acres there shall be no more than 4 metal storage containers; and for
sites greater than 5 acres there shall be no more than 6 metal storage containers;
b. If on-site for more than 90 days per calendar:
(i)
shall be classified as an accessory building and subject to the relevant provisions of this Zoning
By-law or as a principal building and subject to the relevant provisions of this Zoning By-law;
and
(ii)
shall be placed on a concrete slab foundation.
5.15
CANVAS AND TENT STRUCTURES
Canvas buildings and tent structures may be permitted on a seasonal basis in residential, commercial and
institutional districts subject to district regulations regarding placement of accessory buildings, but shall
not be allowed at any time within the portion of a property between the front building wall and any
public street right-of-way unless authorized by the Designated Officer and subject to terms and
conditions set out in the Development Permit. Canvas buildings and tent structures may be permitted in
industrial and agricultural and open space districts as follows:
a.
If on-site for fewer than 90 days per calendar year:
(i)
shall be classified as a Temporary Use;
Municipality of Glenella-Lansdowne Zoning By-law
54
(ii)
shall be located to the rear and/or side of the principal building; and
(iii) for sites, less than 2.5 acres there shall be no more than 2 metal storage containers; for sites
between 2.5 acres and 5 acres there shall be no more than 4 metal storage containers; and for
sites greater than 5 acres there shall be no more than 6 metal storage containers;
b. If on-site for more than 90 days per calendar:
(i)
shall be classified as an accessory building and subject to the relevant provisions of this Zoning
By-law or as a principal building and subject to the relevant provisions of this Zoning By-law.
5.16
MINERAL RESOURCES
Mineral extraction operations such as aggregate, shall be a Conditional Use. All applications for
extraction must be in conformity with the requirements of the Neepawa and Area Planning District
Development Plan. All applications must submit the following:
a.
A key map showing the subject property and surrounding properties;
b. A site plan showing: the boundaries of the subject property; the area or areas to be excavated; the
staging of excavations; existing buildings and uses; proposed buildings and uses; and the locations of
existing buildings and uses on surrounding properties within 152 m (500 ft) of the subject property.
The site plan shall also show: the location and dimensions of areas intended for stockpiling of
stripped topsoil and overburden; for stockpiling excavated aggregate; and of existing or proposed
landscape buffers and berms;
c.
A transportation plan showing the location and dimensions of: existing and proposed vehicular
access and egress locations; location and dimensions of onsite roads, parking areas, and
loading/vehicle staging areas; the proposed hauling route plan on adjacent roads and highways; and
additional information pertaining to traffic volumes and road maintenance practices as requested by
the Designated Officer;
d. An operations plan identifying:
i.
proposed hours of operation;
ii.
blasting procedures; and
iii.
noise/dust/vibration abatement and mitigation measures;
e.
A rehabilitation plan demonstrating intended staging and practices for progressive post-extraction
rehabilitation.
f.
Mutual separation distances between any new residential dwellings, including cottage dwellings and
mobile homes or any land to be zoned for rural residential purposes and any aggregate operation
shall maintain a minimum separation distance of 152 metres (500 feet), except where the Province
recommends a lesser separation distance due to the existing physical factors or a required buffer.
Owners/operators or caretakers that have a residence located on the same site as the aggregate
operation, that is otherwise in accordance with the Zoning By-law, are excluded from this
requirement. The mutual separation distance is deemed to be a yard requirement consistent with
the provisions contained in the Act.
Municipality of Glenella-Lansdowne Zoning By-law
55
PART 6 SCHEDULES
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12
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U
V
575
U
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265
U
V
462
U
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352
U
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462
U
V
260
U
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265
U
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265
U
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352
U
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352
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462
U
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261
U
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260
U
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261
U
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352
U
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350
16
16
34
TWP 13
TWP 14
TWP 15
TWP 16
TWP 17
TWP 18
TWP 19
TWP 18
TWP 19
RNG 15
RNG 13
RNG 12
RNG 14
RNG 12
RNG 15
RNG 13
RNG 12
RNG 14
RNG 12
GLENELLA
GLENELLA
TENBY
TENBY
ARDEN
ARDEN
KEYES
KEYES
LOBBVILLE
LOBBVILLE
Municipality of Glenella-Lansdowne
Zoning By-law Map
Coordinate System: NAD 83, UTM Zone 14 N
Data Source: MLI, MMG, NRCAN, WSP
Date Created: November 22, 2017
Revision Date: August 20, 2018
Path: U:\Projects\PROJECTS_2017\17M-01345-00_NeepawaAreaPlanningDistrictZoningByLaw\MXD\CurrentGlenellaLansdowne_ZBL_20180321.mxd
0
2,500
5,000
1,250
Metres
0
10,000
20,000
5,000
Feet
Legend
Glenella-Lansdowne Municipal Boundary
Municipal Boundary
P.F.R.A. Community Pasture
Wildlife Management Area
Provincial Trunk Highway
Provincial Road
Railway Line
Waterbody
Zoning By-law
AG - Agricultural General Zone
AGR - Agricultural Restricted Zone
AG-L1 - Agricultural Limited 1 Zone
AG-L2 - Agricultural Limited 2 Zone
RR - Rural Residential
GD - General Development
TWP 13
TWP 14
TWP 15
TWP 16
TWP 17
TWP 18
TWP 19
RD 84N
RD 78W
RD 78W
RD 78W
RD 72W
RD 72W
RD 72W
RD 72W
RD 66W
RD 60W
RD 84W
RD 84W
RD 84W
RD 78N
RD 72N
RD 84N
RD 90N
RD 90N
RD 96N
RD 96N
RD 102N
RD 102N
RD 102N
RD 108N
RD 108N