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GRASSLAND MUNICIPALITY
ZONING BY-LAW NO. 19-2016
Prepared By:
Manitoba Indigenous and Municipal Relations
Community and Regional Planning Branch
GRASSLAND MUNICIPALITY
BY-LAW NO. 19-2016
BEING A BY-LAW of GRASSLAND MUNICIPALITY to regulate the use and
development of land.
WHEREAS, Section 68 of The Planning Act provides that the council of a municipality
must enact a zoning by-law which generally conforms to a development plan adopted for
the area;
AND WHEREAS, pursuant to the provisions of Section 40(1) of The Planning Act, the
Dennis County Planning District has, by by-law, adopted the Dennis County Planning
District Development Plan By-law No. 12;
NOW THEREFORE, the Council of GRASSLAND MUNICIPALITY, in meeting duly
assembled, adopt a municipal zoning by-law to be known as Grassland Municipality
Zoning By-law No. 19-2016.
DONE AND PASSED by Council duly assembled this ____ day of _______________in
____________, Manitoba this ______ day of ___________, 2016.
"Blair Woods"____
Reeve
___"Brad Coe"____
Chief Administrative Officer
Received First Reading this _____ day of _______________, 2016
Received Second Reading this _____ day of _____________, 2016
Received Third Reading this _____ day of _______________, 2016
TABLE OF CONTENTS
PART 1:
SCOPE .......................................................... 1
PART 2: GENERAL REGULATIONS GOVERNING USES,
BUILDINGS AND STRUCTURES ................................... 2
Existing Uses, Buildings and Structures ............................................. 3
Existing Substandard Parcels of Land ................................................ 4
Permitted Uses, Buildings and Structures .......................................... 4
Conditional Uses ................................................................................ 4
Accessory Uses ................................................................................. 5
Zoning Districts .................................................................................. 5
PART 3: GENERAL BULK REQUIREMENTS ............... 7
Open Space along Rural Roadways .................................................. 7
Corner Vision Triangles ...................................................................... 7
Projections into Yards ........................................................................ 8
Double Frontage Sites ....................................................................... 8
PART 4: USE AND BULK TABLES ............................ 10
Purpose of Zones ............................................................................. 10
TABLE 4-1: "AG" AGRICULTURAL GENERAL ZONE - USE & BULK
TABLE ...................................................................................................... 12
TABLE 4-2: "AML" AGRICULTURAL MODERATELY LIMITED ZONE
- USE & BULK TABLE ............................................................................. 19
TABLE 4-3: "AL" AGRICULTURAL LIMITED ZONE - USE & BULK
TABLE ...................................................................................................... 26
TABLE 4-4: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK
TABLE ...................................................................................................... 31
TABLE 4-5: "AUR" AGRICULTURAL URBAN RESERVE ZONE - USE
& BULK TABLE ........................................................................................ 35
TABLE 4-6: "UR"' URBAN RESIDENTIAL ZONE - USE & BULK TABLE
.................................................................................................................. 38
TABLE 4-7: "UN" URBAN NON-RESIDENTIAL ZONE - USE & BULK
TABLE ...................................................................................................... 41
PART 5: RULES FOR SPECIFIC USES ........................ 44
LIVESTOCK OPERATIONS ............................................................. 44
5.1
GENERAL PROVISIONS ........................................................ 44
TABLE 5-1: ANIMAL UNIT CONVERSION FACTORS .......................... 47
5.2
LIVESTOCK OPERATIONS IN THE "AG" AGRICULTURAL
GENERAL ZONE ................................................................... 48
TABLE 5-2: "AG" AGRICULTURAL GENERAL ZONE - MINIMUM
SETBACK DISTANCES FROM PROPERTY LINES................................ 49
TABLE 5-3: "AG" AGRICULTURAL GENERAL ZONE - MINIMUM
SEPARATION DISTANCE REQUIREMENTS FROM A SINGLE
RESIDENCE ............................................................................................. 50
TABLE 5-4: "AG" AGRICULTURAL GENERAL ZONE - MINIMUM
SEPARATION DISTANCE REQUIREMENTS FROM A DESIGNATED
AREA ........................................................................................................ 51
5.3
LIVESTOCK OPERATIONS IN THE "'AML"' AGRICULTURAL
MODERATELY LIMITED ZONE ............................................. 51
TABLE 5-5: "AML" AGRICULTURAL MODERATELY LIMITED ZONE -
MINIMUM SETBACK DISTANCES FROM PROPERTY LINES .............. 53
TABLE 5-6: "AML" AGRICULTURAL MODERATELY LIMITED ZONE -
MINIMUM SEPARATION DISTANCE REQUIREMENTS FROM A
SINGLE RESIDENCE ............................................................................... 54
TABLE 5-7: "AML" AGRICULTURAL MODERATELY LIMITED ZONE -
MINIMUM SEPARATION DISTANCE REQUIREMENTS FROM A
DESIGNATED AREA ................................................................................ 55
5.4
LIVESTOCK OPERATIONS IN THE 'AL' AGRICULTURAL
LIMITED ZONE ....................................................................... 55
TABLE 5-8: "AL" AGRICULTURAL MODERATELY LIMITED ZONE -
MINIMUM SETBACK DISTANCES FROM PROPERTY LINES .............. 57
TABLE 5-9: "AL" AGRICULTURAL LIMITED ZONE - MINIMUM
SEPARATION DISTANCE REQUIREMENTS FROM A SINGLE
RESIDENCE ............................................................................................. 57
TABLE 5-10: "AL" AGRICULTURAL LIMITED ZONE - MINIMUM
SEPARATION DISTANCE REQUIREMENTS FROM A DESIGNATED
AREA ........................................................................................................ 58
5.5
AGRICULTURAL IRRIGATION OPERATIONS ...................... 58
5.6
SPECIAL LIMITATIONS GOVERNING DEVELOPMENT OF
BUILDINGS AND STRUCTURES INCLUDING DWELLINGS
AND FARM BUILDINGS ......................................................... 59
5.7
HAZARDOUS AND DANGEROUS MATERIALS STORAGE .. 60
5.8
HOME-BASED BUSINESSES ................................................ 60
PART 6: MISCELLANEOUS REGULATIONS ............. 62
Land Subject to Flooding.................................................................. 62
High Water Table Areas ................................................................... 62
Site Reduced by Road Widening...................................................... 62
Building Removal ............................................................................. 63
Road Access .................................................................................... 63
Service Connections ........................................................................ 63
Public Monuments and Cairns ......................................................... 63
Signs 63
Temporary Buildings & Uses ............................................................ 64
PART 7: ADMINISTRATION ...................................... 65
Administration and Enforcement ...................................................... 65
Development Permits ....................................................................... 65
Development Officer ........................................................................ 67
Application for Amendment .............................................................. 68
Applications for Variations and Conditional Uses ............................. 68
PART 8: ENFORCEMENT ......................................... 70
Entry for Inspection and Other Purposes .......................................... 70
Order to Remedy Contravention ...................................................... 70
Review by the Board ........................................................................ 71
PART 9:
INTERPRETATION ..................................... 72
Zoning Boundaries ........................................................................... 72
Groundwater Sensitivity Areas ......................................................... 72
Permitted Uses ................................................................................ 72
Definitions ........................................................................................ 73
APPENDIX "A" - ZONING MAPS
Map 1
Grassland Municipality
Map 2
Hartney
Map 3
Lauder
Map 4
Grande - Clairiere
Map 5
Elgin
Map 6
Minto
MAP 7
Fairfax
1
PART 1: SCOPE
1.1
This By-law shall be known as Grassland Municipality Zoning By-Law No. 19-
2016.
1.2
This By-law applies to all lands in Grassland Municipality.
1.3
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)
the placement, enlargement or alteration of mobile homes, which for the
purposes of this By-law, shall be deemed to be buildings.
1.4
No land, building or structure shall be used or occupied, and no building or
structure shall be constructed, erected, altered, enlarged or placed, except in
accordance with this By-law, and only after all required permits have been
obtained by the owner.
1.5
Whenever a provision of another by-law or of a law or regulation of the provincial
or federal government contains a restriction governing the same subject matter
contained in this By-law, or imposes contradictory regulations with respect to
uses, buildings or structures, the most restrictive or highest standard shall
prevail.
1.6
Nothing in this by-law, or in a development permit, approval of a conditional use,
variation order or other approval issued under this by-law or under The Planning
Act, 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.
2
PART 2: GENERAL REGULATIONS GOVERNING
USES, BUILDINGS AND STRUCTURES
2.1
No land, building or structure shall be constructed, enlarged, placed, used or
occupied except for a use which:
(a)
is listed in the Use and Bulk Tables which apply to such land, building or
structure as:
(i)
a permitted principal use;
(ii)
a conditional use, subject to approval as such; or
(b)
is an accessory use.
2.2
Where land or a building or structure is used for more than one purpose, all
provisions of this By-law relating to each use shall be satisfied. If there is a
conflict, the higher or more stringent requirement shall apply.
2.3
There shall be a maximum of one dwelling unit per site or parcel of land, except
for the following:
(a)
Dwelling units which are required for employees or family members, who
in the opinion of Council, will be actively involved in an agricultural
operation,
(b)
Two-family dwellings or multiple-family dwellings as provided for in this
By-law, and
(c)
Communal farm dwellings for cultural groups such as Hutterite colonies.
(d)
Mobile homes in a mobile home park which has been approved by
Council.
2.4
This By-law shall be interpreted so as not to interfere with the construction,
erection and location of the distribution facilities of a public utility. Office
buildings,
warehouse,
maintenance
or
storage
compounds
and
telecommunications towers operated by a public utility shall be subject to the
provisions of this By-law.
2.5
Oil and gas exploration and extraction, electric transmission lines and structures,
and pipelines are deemed to be in compliance with this By-law if they are carried
out, constructed and operated in accordance with federal and provincial law,
except for oil field battery facilities, which shall be subject to the provisions of this
By-law.
3
Existing Uses, Buildings and Structures
2.6
An existing use, building or structure which is classified as a permitted use,
building or structure in this By-law shall be allowed to continue to exist, and may
be enlarged or expanded, may be changed to another permitted use, or may be
replaced if destroyed.
(a)
All buildings and structures existing at the effective date of this By-law are
deemed to conform to the bulk requirements of the zone in which the
buildings or structures are situated.
(b)
The enlargement, expansion, change in use, or replacement of an existing
use, building or structure shall be subject to the issuance of a development
permit, and shall conform to all requirements of this By-law.
2.7
An existing use, building or structure which is classified as a conditional use in
this By-law shall be deemed to be an approved conditional use, building or
structure and shall be allowed to continue to exist, may be changed to a
permitted use, or may be replaced if destroyed, provided that the replacement
does not increase the intensity of the previously existing use.
In these circumstances, the change in use or replacement shall be subject to the
issuance of a development permit, and shall conform with all requirements of this
By-law; and
Where an enlargement or expansion of such a use is proposed, it shall require
the specific approval of Council, in accordance with PART 7, Sections 7.21 to
7.27 of this By-law.
2.8
An existing use, building or structure which is not classified as a permitted use
or conditional use, building or structure in this By-law shall be considered as a
non-conforming use, building or structure, and shall be subject to the provisions
of The Planning Act governing non-conformities.
(a)
A non-conforming use, structure or building shall be allowed to continue to
exist, and may be changed to a permitted use;
(b)
A non-conforming use shall not be intensified, and shall not be changed to
a different non-conforming use;
(c)
A non-conforming use shall not be re-established if it is discontinued for a
period in excess of one year. A change in ownership or tenancy of a non-
conforming use shall not affect the status of the non-conforming use;
4
(d)
A non-conforming building or structure shall not be re-established if it is
removed or destroyed by more than 50 percent of its replacement value
above the foundation; and
(e)
Other provisions of The Planning Act govern non-conforming uses,
buildings and structures, including a provision, which enables Council to
consider variation orders in situations where non-conformities are
proposed to be enlarged or expanded.
Existing Substandard Parcels of Land
2.9
Any site or parcel of land which was in existence at the date of adoption of this
By-law, and which does not comply with the minimum site area and/or site width
requirements for any zone as provided for in this By-law, may be used or
developed for any permitted or conditional use within the zone, provided that
(a)
The site or parcel of land did not form part of a larger contiguous land
holding under the same ownership;
(b)
All administrative requirements for the issuance of development permits
and conditional use applications are complied with; and
(c)
All required yards and separation distances as required by this By-law are
complied with.
Permitted Uses, Buildings and Structures
2.10 Where a use, building or structure is provided for as a permitted use by this By-
law, the owner shall normally be entitled to establish, expand or enlarge the use,
building or structure, subject to the issuance of a Development Permit as
provided for in PART 7, Sections 7.2 to 7.12 and provided that the use, building
or structure complies with all requirements of this By-law.
Conditional Uses
2.11 The classification of uses as conditional uses is intended to provide for a special
process of review and approval for certain types of development which, due to
their inherent characteristics, may have potential adverse impacts on nearby
properties or resources.
5
2.12 Where a use, building or structure is provided for as a conditional use in by this
By-law, the establishment, enlargement or expansion of the use, building or
structure shall be subject to PART 7, Sections 7.21 to 7.27 and the specific
requirements of The Planning Act pertaining to conditional uses. Proposals for
conditional use which are proposed in the vicinity of the provincial highway
system shall also be referred to provincial highway authorities for review and
comment
Accessory Uses
2.13 No accessory use shall be established, and no accessory building or structure
shall be constructed or erected, prior to the establishment of the use of land,
building or structure to which it is accessory, except as provided in PART 2,
Section 2.14 (below).
2.14 (a)
An accessory garage or storage building may be constructed or erected
for the purpose of storage of materials and equipment for use during
construction of the main building, provided that a development permit as
required by PART 7, Sections 7.2 to 7.12 has been obtained for the main
building;
(b)
A temporary meteorological tower, used for wind and/or climatic research
shall be allowed to be erected, subject to Council's approval and the
issuance of a temporary development permit, for a term not exceeding
three (3) years and shall be subject to all other provisions of this By-law
pertaining to the siting of Wind Energy Generatation Stations (WTGS). If
the meteorological tower is to remain in place after the maximum three (3)
year period it shall become a part of a (WEGS) and be subject to the
conditional use approval process required for a Wind Energy Generation
Stations (WEGS) as provided for PART 4 of this By-law.
2.15 For the avoidance of doubt, an accessory use, building or structure may be
accessory to an approved conditional use; however no accessory use or building
shall be constructed or located on the site prior to review and approval by
Council in accordance with PART 7, Sections 7.21 to 7.27 of this By-law, if the
accessory building or structure contributes significantly to an intensification or
expansion of the conditional use.
Zoning Districts
2.16
Uses of land in the municipality are regulated in accordance with the
requirements of the following zoning districts:
6
(a) "AG" Agricultural General Zone
(b) "AML" Agricultural Moderately Limited Zone
(c)
"AL" Agricultural Limited Zone
(d) "GD" General Development Zone
(e) "UR" Urban Residential Zone
(g) "UN" Urban Non-Residential Zone
And the limits of those zoning districts are established on Maps comprising
Schedule "A" of this by-law.
2.17 The permitted and conditional uses prescribed for sites within each zoning district
are those set out in the Use and Bulk Tables of this By-law.
7
PART 3: GENERAL BULK REQUIREMENTS
3.1
No land, building or structure shall be used or occupied, and no building or
structure shall be constructed, erected, altered, enlarged or placed, except in
accordance with the minimum site area, minimum site width and yard requirements
prescribed for each zone and use in the Use and Bulk Tables and the other
requirements of this By-law.
Open Space along Rural Roadways
3.2
Areas adjacent to rural roads shall be kept clear of features which would contribute
to snow drifting problems on the roadway, or which would represent a safety hazard
to motorists. Within all Agricultural Zone(s), the following provisions shall apply to
any required front yard, side yard or rear yard which is adjacent to an improved
government road allowance, highway or other municipal road:
(a)
No building or structure shall be constructed or located within the required
yard, except for electric fences, barbed wire fences, chain link fences,
wooden rail fences which are at least 75 percent open in character, signs
less than 50 square feet in surface area, and small shelters for children at
school bus stops;
(b)
No excavation such as a dugout or gravel pit shall be located within the
required yard;
(c)
No substantial planting, such as a shelterbelt or hedge exceeding a height
of 3 feet shall be located within the required yard; and
No substantial stockpiling of materials, such as soil, gravel, bales or cordwood
shall be located within the required yard.
Corner Vision Triangles
3.3
In order to provide for a reasonable measure of traffic safety within all "GD"
General Development Zones and the "UR" Urban Residential and "UN" Urban
Non Residential Zones in Hartney, it is considered important to provide for good
visibility conditions at street intersections, by establishing special open space
requirements as follows:
(a)
No building, structure, vehicular parking space, shelterbelt, hedge or
stockpiling of materials exceeding a height of 3 feet above grade shall be
located within a triangular area of any site adjacent to an intersection of
two public streets, with the sides of the triangular area being measured a
distance of 10 feet along each property boundary from the point of
intersection.
8
Projections into Yards
3.4
Within all zones, the required yards are intended to provide open spaces around
buildings and structures for purposes of amenity, privacy, fire protection, and
maintenance operations along the walls of buildings. Required yards shall be
maintained as open space areas on all sites, except as follows:
(a)
Open, unenclosed stairs and landings may extend into any required front
or rear yard to a maximum distance of 10 feet, and there shall be no
limitation on the construction of unenclosed wheelchair ramps;
(b)
Other open, unenclosed projections of a building, including eaves,
awnings, stairs, landings, wing-walls, raised decks and balconies, may
extend into a required yard up to 50 percent of the required yard depth to
a maximum projection of 5 feet, whichever is the lesser;
(b)
Enclosed projections of a building, including chimneys, alcoves, and bay
windows may extend into a required yard up to 50 percent of the required
yard depth to a maximum projection of 5 feet, whichever is the lesser,
provided that no more than 10 square feet of area within any required yard
is occupied by these types of projection;
(c)
Landscaping features such as driveways, sidewalks, and patios at grade
level, ornamental plantings, fences and other decorative features are
permitted within any required yard, provided that the maximum height of a
fence in any required front yard shall be 3 feet, and the maximum height of
a fence in any required side or rear yard shall be 6 feet; and
(e)
Portable buildings not exceeding 100 square feet in floor area for the
storage of domestic equipment may be located within any required interior
side yard or required rear yard, provided that a separation distance of 1
foot is maintained from the site line, and a separation distance of 3 feet is
maintained from any dwelling.
Double Frontage Sites
3.5
Within all "GD" General Development Zones and "UR" Urban Residential
Zones and "UN" Urban Non-Residential Zones in Hartney, where a site has
frontage along two more or less parallel streets, the following provisions shall apply:
(a)
Where the site depth is greater than 200 feet, both site lines which abut
these streets shall be considered to be front site lines, and the adjacent
yards shall both be considered to be required front yards; and
9
(b)
Where the site depth is 200 feet or less, only one site line shall be
considered to be the front site line, and this determination shall be made
by the development officer, based on the arrangement of existing
buildings in the immediate area.
10
PART 4: USE AND BULK TABLES
Purpose of Zones
4.1
The zoning districts established in this by-law are intended to provide sufficient land in
suitable locations to meet the needs of the community and the provisions of the Dennis
County Planning District Development Plan.
4.2
The "AG" Agricultural General Zone is hereby established in this Zoning By-Law and is
intended to;
(a)
Support and strengthen the agricultural industry in Grassland Municipality by
providing flexibility and opportunities for farm operators to engage in a full range of
agricultural activities including livestock development and associated rural uses;
and
(b)
Protect the agricultural industry and its land resources in recognition of agriculture's
contribution to the economy, lifestyle and character of Grassland Municipality.
4.3
The "AML" Agricultural Moderately Limited Zone is hereby established in this zoning
by-law and is intended to accommodate general agricultural activities including
opportunities for livestock operations in a secondary area approximately one half mile
beyond the limits of Hartney as well as in an area immediately adjacent to and surrounding
the communities of Lauder, Grande Clariere, Elgin and Minto in a manner compatible
with existing development adjacent to these communities;
4.4
The "AL" Agricultural Limited Zone is hereby established in this zoning by-law and is
intended to accommodate the following:
(a)
Allow a limited amount general agricultural uses including livestock operations on a
limited basis within one half mile of the limits of Section 16-6-23WPM (the limits of
the former Town of Hartney).
4.5
The "GD" General Development Zone is hereby established in this by-law and is
intended to provide for community development within the communities of Lauder, Grande
Clairiere, Elgin, Minto and Fairfax in accordance with the provisions of the Dennis County
Planning District Development Plan.
4.6
The Agricultural Urban Reserve Zone is hereby established in this zoning By-law and is
intended to accommodate the following:
(a)
To provide for continued limited low-intensity passive agricultural uses (i.e.,
pasturing, field cropping but excluding all newly siting or expanding livestock
operations) of undeveloped land adjacent to built-up areas of Hartney, in a manner
which will be compatible with existing urban-type development in the community of
Hartney.
11
(b)
To provide a land reserve for future urban expansion within that portion of the
Hartney which lies to the north and east of P.T.H. No. 21.
4.7
The "UR" Urban Residential Zone is hereby established in this By-law and is
intended to provide for residential and related community development within
Hartney, based upon the extension of municipal sewer services.
4.8
The "UN" Urban Non-Residential Zone is hereby established in this By-law and is
intended to provide for commercial retail sales and services, manufacturing and
industrial uses in Hartney, in keeping with the provisions of the Dennis County
Planning District Development Plan.
12
TABLE 4-1: "AG" AGRICULTURAL GENERAL ZONE -
USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)(b)
Rear
Yard
(feet)
(a)(b)
PERMITTED PRINCIPAL USES
Agricultural Activities, General
80
1,000
125
25
25
Agricultural Activities, Specialized (c)
2
200
125
25
25
Agricultural Irrigation Operations outside
of Groundwater Sensitivity Areas
80
1,000
125
25
25
Livestock Operations between 10 and
250 animal units (cumulative across
species) in the "AG" zone (d). See also
PART 5 herein.
80 (e)
1,000
125
25
25
Market Gardens, Nurseries or
Greenhouses (k)
2
200
125
25
25
Telecommunications Towers (private for
profit) (k) (n)
4(g)
300
125
125
125
CONDITIONAL USES
Advertising signs, over 50 sq. ft. in area
(k)
-
-
Determined by Council
Agricultural Irrigation Operations within
Groundwater Sensitivity Areas (See
Sections 5.11 to 5.13)
80
1,000
125
25
25
Aircraft Landing Areas (k)
10
200
125
25
25
Auction Marts (k)
2(g)
200
125
25
25
Automobile or Farm Implement Salvage
or Wrecking Establishments (k)
2(g)
200
125
25
25
Campgrounds (k)
2(g)
200
125
25
25
Cemeteries (k)
2(g)
200
125
25
25
Community Halls (f) (k)
2(g)
200
125
25
25
Earth Moving Contractors (k)
2(g)
200
125
25
25
Establishments for the storage, handling
or processing of agricultural produce, in
return for remuneration (f) (j) (k)
2
200
125
25
25
Establishments for the sales, storage,
service or distribution of agricultural
supplies, equipment or structures (f) (j)
(k)
2(g)
200
125(h)
25(h)
25(h)
13
TABLE 4-1: "AG" AGRICULTURAL GENERAL ZONE -
USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)(b)
Rear
Yard
(feet)
(a)(b)
Establishments related to the harvesting
of natural resources, such as oil and gas
(k)
2(g)
200
125
25
25
Exhibition Grounds (k)
2
200
125
25
25
Fuel Sales and Storage Establishments
(j)(k)
2
200
125
25
25
Fur Farms (k)
2(g)
200
125
25
25
Kennels (k)
2(g)
200
125
25
25
Livestock Operations with 251 animal
units or more (cumulative across
species) in the "AG" zone (d). See also
PART 5 herein.
80 (e)
1,000
125
25
25
Manufacturing, Fabricating, Machining,
Processing or Repair Establishments (f)
(k)
2(g)
200
125
25
25
Motor Vehicle or Agricultural Equipment
Body Shops, Salvage or Wrecking
Operations (k)
2(g)
200
125
25
25
Museums or Historic Sites (k)
2(g)
200
125
25
25
Non-Farm Dwellings (k) (m)
2(g)
200
125
25
25
Oil Field Battery Facilities (i) (k)
2(g)
200
125
25
25
Public Works Compounds and
Maintenance Buildings (k)
2(g)
200
125
25
25
Recreation Facilities (f) (k)
2
200
125
25
25
Religious Institutions (f) (k)
2(g)
200
125
25
25
Riding Academies and Stables (k) (m)
2
200
125
25
25
Rural Convenience Stores &
Restaurants (k)
2 (g)
200
125
25
25
Sewage Lagoons (k)
2
200
125
25
25
Surface Mining Operations, including
gravel pits (k)
2
200
125
25
25
Trucking Establishments (f) (k)
2(g)
200
125
25
25
Veterinary Clinics (k)
2(g)
200
125
25
25
Waste Disposal Sites (k)
2
200
125
25
25
Wind Energy Generation Station (o) See
also PART 2, Section 2.14 (b) (k)
7
550
125(p)
125(p)
125(p)
14
TABLE 4-1: "AG" AGRICULTURAL GENERAL ZONE -
USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)(b)
Rear
Yard
(feet)
(a)(b)
ACCESSORY USES,
BUILDINGS, AND
STRUCTURES (l) (See also
Sections 2.13 - 2.15 of PART 2)
-
-
125
25
25
The following footnotes form part of this Table 4-1:
(a)
Where a site line is adjacent to a Provincial Trunk Highway or Provincial Road,
the required yard shall be specified by the Provincial highway authority.
(b)
Where a side site line or rear site line is adjacent to a government road
allowance or other municipal road, the minimum required yard shall be 125 feet.
(c)
Apiaries shall be considered as a conditional use when proposed to be located
within 1 mile of a residential or cottage area.
(d)
The minimum front, side and rear yard setback requirements set out in Table 4-1
of this PART apply only to the residence and its accessory buildings located on
the same site as the livestock operation. Information concerning minimum
property line setback information for livestock-related facilities is set out in Table
5-2 of PART 5 herein.
(e)
Notwithstanding the minimum site area requirement specified in Table 4-1 of
this PART, all newly siting or expanding livestock operations shall have access
to (either by direct ownership or lease) and use of sufficient lands to accept the
application of all of the livestock manure generated by the operation in a
sustainable manner on an annual basis in accordance with the provisions of the
Manure & Mortalities Management Regulation 42/98, as amended and the
Nutrient Management Regulation 62/2008, as amended.
(f)
These types of uses may be allowed in the "AG"' Agricultural General Zone
only if Council is satisfied that no suitable site is available in a community, in
accordance with the provisions of the Dennis County Planning District
Development Plan.
15
(g)
The maximum site area shall be 10 acres, unless physical features of the site,
such as natural drains, shelterbelts, etc. indicate that a larger site would be
appropriate.
(h)
Anhydrous ammonia storage facilities shall be set back 330 feet from any public
roadway, and shall be separated by a distance of 1,000 feet from any individual
residence and shall be separated by a distance of 2,640 feet from any residential
or cottage area.
(i)
Oil field battery facilities shall be considered as a conditional use only when they
are proposed to be located or expanded within one half mile of any dwelling or
other habitable building; otherwise they shall be considered as a permitted use.
(j)
Section 5.7 of PART 5 herein describes special limitations for hazardous and
dangerous materials storage, including agricultural chemical supply warehouses,
inland grain terminals, bulk fuel or fertilizer storage facilities and anhydrous
ammonia facilities, in proximity to habitable buildings and other zones.
(k)
Where the site of a proposed development is located within 1,000 feet of a
Provincial Trunk Highway, or within 1/2 mile of a highway intersection, the
proposal shall be referred to Manitoba Infrastructure for review and comment.
(l)
Accessory buildings, structures and uses shall include the following, when
located on the same site or parcel of land as a permitted use or a conditionally
approved agricultural use:
i.
farm dwellings or mobile homes occupied by members of the farm family
or employees associated with the agricultural operation,
ii.
accessory agricultural buildings and structures, including grain storage
structures, machinery storage structures, and livestock confinement
facilities, provided that such livestock confinement facilities are not
specifically provided for as a part of a "livestock operation" as defined in
PART 9 of this by-law,
iii.
accessory domestic structures such as private garages and swimming
pools, and
iv.
home based businesses as provided for in PART 5, Section 5.8 of this
By-law.
(m)
Animal housing facilities located on conditionally approved small rural land
holdings such as a "riding academy and stables" or a "non-farm dwelling" site
shall be allowed as a permitted accessory use. In such circumstances, each site
shall be allowed to accommodate a maximum of up to nine (9) animal units
(cumulative across species) as calculated from PART 5, Table 5-1 of this by-law
16
and shall not exceed one animal unit per acre of site area and shall be subject to
the following additional requirements:
i.
The animal housing facility and any manure stored onsite shall be
separated a minimum distance of five hundred (500) feet from the limits of
all General Development Zones, Rural Residential Zones and/or Seasonal
Recreation Zones and three hundred and twenty-eight (328) feet away
from all residences other than the owner's residence located on the same
site as the animal housing facility and any manure stored onsite, adjacent
motels, restaurants and community buildings. In addition, all animal
housing facilities and any manure stored onsite shall be setback a
minimum of 125 feet from all public roads, and seventy-five (75) feet from
the side and rear limits of limits of the property on which they are sited.
ii.
Notwithstanding the nine (9) animal unit cap (cumulative across species)
referred to in this section, where a conditionally approved riding academy
and stables or non-farm dwelling site proposes to keep ten (10) or more
animal units (cumulative across species), they shall be deemed to be a
"livestock operation" as defined in PART 9 of this by-law and shall be
required to satisfy the use and bulk requirements for a "livestock
operation" in the "AG" Agricultural General Zone as set out in PART 4,
Table 4-1 this by-law as well as having to satisfy other provisions of PART
5 of this by-law.
(n)
Proponents of a telecommunications tower (private for profit) are responsible
for obtaining any required Federal and/or Provincial permits or approvals from
agencies such as but not limited to Transport Canada, NAV Canada, Manitoba
Hydro, Manitoba Infrastructure, and Manitoba Sustainable Development, prior to
the issuance of a development permit and any required building permits.
i.
A personal telecommunications tower used to support ancillary devices
such as but not limited to citizens band radio, television or internet service
which is located on the same site and in direct support of either a
permitted or conditionally approved single private agricultural activity or
private residential activity shall be treated as a permitted accessory
structure. All such personal telecommunications tower structures shall be
set back from all property lines a minimum distance equal to its total
height, measured from the ground to the uppermost point of its extension.
(o)
Additional Requirements for Siting Wind Energy Generation Stations:
In addition to satisfying the minimum requirements of Table 4-1 of PART 4
herein, the following additional requirements shall also apply to the development
of wind energy generation stations (WTGS).
i.
In addition to the requirements of Table 4-1 of PART 4 herein, each wind
energy generation station (WEGS) facility shall be dedicated only to the
location of the wind energy generation station tower and/or the associated
17
accessory buildings and infrastructure. The wind turbine tower is the
principal use of the (WEGS) site but the land within the (WEGS) site that
is not used for the facility may be used for compatible agricultural activities
provided all other provisions of this by-law are satisfied.
ii.
No portion of a (WEGS) tower, including its blade assembly shall extend
beyond the limits of the site on which it is located unless the adjacent
affected property owner has provided written authorization to the WEGS
developer and Development Officer.
iii.
All accessory buildings and structures associated with and located on the
same site as a Wind Energy Generation Station (WEGS) tower shall be
set back a minimum of 125 feet from all site lines of the site on which the
(WEGS) is located. Where the site is located adjacent to a Provincial
Trunk Highways (PTH) or Provincial Road (PR) the setback requirements,
and changes thereto, of the provincial authority having jurisdiction shall
apply.
iv.
A (WESG) project involving more than one site and/or parcel of land may
be processed at the same time. However, separate conditional use
applications and any resulting conditional use orders shall be issued for
each separate site containing one or more wind energy generation station
tower.
v.
Proponents of a wind energy generation station (WEGS) development
shall submit to the Development Officer a detailed site plan showing the
location of all wind turbine towers, electrical lines (above or below ground),
on-site roads and driveways providing access to the public road system
and setback information to adjacent development as part of the conditional
use application.
vi.
Proponents of a (WEGS) development are responsible for obtaining any
required Federal and/or Provincial permits or approvals from agencies
such as but not limited to Transport Canada, NAV Canada, Manitoba
Hydro, Manitoba Infrastructure, The Mines Branch, The Petroleum Branch
and Manitoba Sustainable Development, prior to the issuance of a
development permit and any required building permits.
vii.
When locating a proposed wind energy generation station tower in the
vicinity of an airport all Transport Canada regulations regarding lighting,
height and location of buildings and structures shall be satisfied.
viii.
A development permit and building permit (if required) shall be obtained
prior to the commencement of construction.
ix.
All signage affixed to a commercial Wind Energy Generation Station
(WEGS) towers shall be subject to the approval of Council. Any
18
illumination of the facility shall be arranged so that it does not create glare
at any nearby property or public roadway.
x.
A private wind energy generation station (WEGS) located on the same site
and in direct support of either a permitted or conditionally approved single
private agricultural activity or private residential activity shall be treated as
an accessory structure. This structure shall be set back from all property
lines a minimum distance equal to its total height, measured from the
ground to the uppermost point of extension of its rotors.
xi.
The total height of all (WEGS) towers shall be the distance measured from
the ground to the uppermost point of the extension of any rotor blade.
(p)
Minimum Separation Distances Between Wind Energy Generation Stations and
Adjacent Development
In addition to satisfying the minimum requirements of Table 4-1 of PART 4
herein, the following additional mutual separation distances set out below shall
also apply to both land uses cited in each clause).
i.
Except as provided for in clause ii of this footnote (below), all (WEGS)
tower bases, shall be separated a minimum distance of 1,640 feet (500 m)
from all dwellings or other habitable buildings (e.g. motels) located on all
lands;
ii.
All (WEGS) tower bases shall be separated a minimum distance of one
and one half (1.5) times the total height of the tower plus rotor from
employee accommodation buildings built and owned by the wind tower
company on associated owned or leased lands;
iii.
All (WEGS) towers shall be separated a minimum of 1.1 times their total
height from any other titled property including the boundary of a railway
right-of-way, government road allowance or provincial road or provincial
trunk highway. Where a (WEGS) is proposed within the control area of a
provincial road or provincial trunk highway, they shall be subject to the
approval of the provincial authority having jurisdiction.
iv.
All (WEGS) tower bases shall be setback a minimum two hundred (200
feet) from the ordinary high water level of a lake or water course.
v.
All WEGS) tower bases shall be setback a minimum of one half mile (2640
feet) from all zoned urban areas, rural residential areas and or seasonal
recreation areas.
19
TABLE 4-2: "AML" AGRICULTURAL MODERATELY
LIMITED ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)(b)
Rear
Yard
(feet)
(a)(b)
PERMITTED PRINCIPAL USES
Agricultural Activities, General
80
1,000
125
25
25
Agricultural Activities, Specialized (c)
2
200
125
25
25
Agricultural Irrigation Operations outside of
Groundwater Sensitivity Areas
80
1,000
125
25
25
Livestock Operations between 10 and 150
animal units (cumulative across species)
in the "AML" zone (d). See also PART 5
herein.
80 (e)
1,000
125
25
25
Market Gardens, Nurseries or
Greenhouses (k)
2
200
125
25
25
Telecommunications Towers (private for
profit) (k) (n)
4(g)
300
125
125
125
CONDITIONAL USES
Advertising signs, over 50 sq. ft. in area (k)
-
-
Determined by Council
Agricultural Irrigation Operations within
Groundwater Sensitivity Areas (See
Sections 5.11 to 5.13)
80
1,000
125
25
25
Aircraft Landing Areas (k)
10
200
125
25
25
Auction Marts (k)
2(g)
200
125
25
25
Automobile or Farm Implement Salvage or
Wrecking Establishments (k)
2(g)
200
125
25
25
Campgrounds (k)
2(g)
200
125
25
25
Cemeteries (k)
2(g)
200
125
25
25
Community Halls (f) (k)
2(g)
200
125
25
25
Earth Moving Contractors (k)
2(g)
200
125
25
25
Establishments for the storage, handling
or processing of agricultural produce, in
return for remuneration (f) (j) (k)
2
200
125
25
25
Establishments for the sales, storage,
service or distribution of agricultural
supplies, equipment or structures (f) (j) (k)
2(g)
200
125(h)
25(h)
25(h)
Establishments related to the harvesting of
natural resources, such as oil and gas (k)
2(g)
200
125
25
25
20
TABLE 4-2: "AML" AGRICULTURAL MODERATELY
LIMITED ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)(b)
Rear
Yard
(feet)
(a)(b)
Exhibition Grounds (k)
2
200
125
25
25
Fuel Sales and Storage Establishments
(j)(k)
2
200
125
25
25
Fur Farms (k)
2(g)
200
125
25
25
Kennels (k)
2(g)
200
125
25
25
Livestock Operations with 151 animal units
or more (cumulative across species) in the
"AML" zone (d). See also PART 5 herein.
80 (e)
1,000
125
25
25
Manufacturing, Fabricating, Machining,
Processing or Repair Establishments (f)
(k)
2(g)
200
125
25
25
Motor Vehicle or Agricultural Equipment
Body Shops, Salvage or Wrecking
Operations (k)
2(g)
200
125
25
25
Museums or Historic Sites (k)
2(g)
200
125
25
25
Non-Farm Dwellings (k) (m)
2(g)
200
125
25
25
Oil Field Battery Facilities (i) (k)
2(g)
200
125
25
25
Public Works Compounds and
Maintenance Buildings (k)
2(g)
200
125
25
25
Recreation Facilities (f) (k)
2
200
125
25
25
Religious Institutions (f) (k)
2(g)
200
125
25
25
Riding Academies and Stables (k) (m)
2
200
125
25
25
Rural Convenience Stores & Restaurants
(k)
2 (g)
200
125
25
25
Sewage Lagoons (k)
2
200
125
25
25
Surface Mining Operations, including
gravel pits (k)
2
200
125
25
25
Trucking Establishments (f) (k)
2(g)
200
125
25
25
Veterinary Clinics (k)
2(g)
200
125
25
25
Waste Disposal Sites (k)
2
200
125
25
25
Wind Energy Generation Station (o) See
also PART 2, Section 2.14 (b) (k)
7
550
125(p)
125(p)
125(p)
21
TABLE 4-2: "AML" AGRICULTURAL MODERATELY
LIMITED ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)(b)
Rear
Yard
(feet)
(a)(b)
ACCESSORY USES,
BUILDINGS, AND
STRUCTURES (l) (See also
Sections 2.13 - 2.15 of PART 2)
-
-
125
25
25
The following footnotes form part of this Table 4-2:
(a)
Where a site line is adjacent to a Provincial Trunk Highway or Provincial Road,
the required yard shall be specified by the Provincial highway authority.
(b)
Where a side site line or rear site line is adjacent to a government road
allowance or other municipal road, the minimum required yard shall be 125 feet.
(c)
Apiaries shall be considered as a conditional use when proposed to be located
within 1 mile of a residential or cottage area.
(d)
The minimum front, side and rear yard setback requirements set out in Table 4-2
of this PART apply only to the residence and its accessory buildings located on
the same site as the livestock operation. Information concerning minimum
property line setback information for livestock-related facilities is set out in Table
5-5 of PART 5 herein.
(e)
Notwithstanding the minimum site area requirement specified in TABLE 4-2 of
this PART, all newly siting or expanding livestock operations shall have access
to (either by direct ownership or lease) and use of sufficient lands to accept the
application of all of the livestock manure generated by the operation in a
sustainable manner on an annual basis in accordance with the provisions of the
Livestock, Manure & Mortalities Management Regulation 42/98, as amended and
the Nutrient Management Regulation 62/2008, as amended.
(f)
These types of uses may be allowed in the "AML" Agricultural Moderately Limited
Zone only if Council is satisfied that no suitable site is available in a community,
in accordance with the provisions of the Dennis County Planning District
Development Plan.
22
(g)
The maximum site area shall be 10 acres, unless physical features of the site,
such as natural drains, shelterbelts, etc. indicate that a larger site would be
appropriate.
(h)
Anhydrous ammonia storage facilities shall be set back 330 feet from any public
roadway, and shall be separated by a distance of 1,000 feet from any individual
residence and shall be separated by a distance of 2,640 feet from any residential
or cottage area.
(i)
Oil field battery facilities shall be considered as a conditional use only when they
are proposed to be located or expanded within one half mile of any dwelling or
other habitable building; otherwise they shall be considered as a permitted use.
(j)
PART 5, Section 5.7 of this by-law describes special limitations for hazardous
and dangerous materials storage, including agricultural chemical supply
warehouses, inland grain terminals, bulk fuel or fertilizer storage facilities and
anhydrous ammonia facilities, in proximity to habitable buildings and other zones.
(k)
Where the site of a proposed development is located within 1,000 feet of a
Provincial Trunk Highway, or within 1/2 mile of a highway intersection, the
proposal shall be referred to Manitoba Infrastructure for review and comment.
(l)
Accessory buildings, structures and uses shall include the following, when
located on the same site or parcel of land as a permitted use or a conditionally
approved agricultural use:
i.
farm dwellings or mobile homes occupied by members of the farm family
or employees associated with the agricultural operation,
ii.
accessory agricultural buildings and structures, including grain storage
structures, machinery storage structures, and livestock confinement
facilities, provided that such livestock confinement facilities are not
specifically provided for as a part of a "livestock operation" as defined in
PART 9 of this by-law,
iii.
accessory domestic structures such as private garages and swimming
pools, and
iv.
home based businesses as provided for in PART 5, Section 5.8 of this
by-law.
(m)
Animal housing facilities located on conditionally approved small rural land
holdings such as a "riding academy and stables" or a non-farm dwelling site shall
be allowed as a permitted accessory use. In such circumstances, each site shall
be allowed to accommodate a maximum of up to nine (9) animal units
(cumulative across species) as calculated from PART 5, Table 5-1 of this by-law
23
and shall not exceed one animal unit per acre of site area and shall be subject to
the following additional requirements:
i. The animal housing facility and any manure stored onsite shall be
separated a minimum distance of five hundred (500) feet from the limits of
all General Development Zones, Rural Residential Zones and/or Seasonal
Recreation Zones and three hundred and twenty-eight (328) feet away
from all residences other than the owner's residence located on the same
site as the animal housing facility and any manure stored onsite, adjacent
motels, restaurants and community buildings. In addition, all animal
housing facilities and any manure stored onsite shall be setback a
minimum of 125 feet from all public roads, and seventy-five (75) feet from
the side and rear limits of the property on which they are sited.
ii.
Notwithstanding the nine (9) animal unit cap (cumulative across species)
referred to in this section, where a conditionally approved riding academy
and stables or non-farm dwelling site proposes to keep ten (10) or more
animal units (cumulative across species), they shall be deemed to be a
"livestock operation" as defined in PART 9 of this by-law and shall be
required to satisfy the use and bulk requirements for a "livestock
operation" in the "AML" Agricultural Moderately Limited Zone as set
out in as set out in PART 4, Table 4-2 this by-law as well as having to
satisfy other provisions of PART 5 of the by-law.
(n)
Proponents of a telecommunications tower (private for profit) are responsible for
obtaining any required Federal and/or Provincial permits or approvals from
agencies such as but not limited to Transport Canada, NAV Canada, Manitoba
Hydro, Manitoba Infrastructure, and Manitoba Sustainable Development, prior to
the issuance of a development permit and any required building permits.
i.
A personal telecommunications tower used to support ancillary devices
such as but not limited to citizens band radio, television or internet service
which is located on the same site and in direct support of either a
permitted or conditionally approved single private agricultural activity or
private residential activity shall be treated as a permitted accessory
structure. All such personal telecommunications tower structures shall be
set back from all property lines a minimum distance equal to its total
height, measured from the ground to the uppermost point of its extension.
(o)
Requirements for Siting Wind Energy Generation Stations:
In addition to satisfying the minimum the requirements of PART 4, Table 4-2 of
this by-law, the following additional requirements shall also apply to the
development of wind energy generation stations (WEGS).
i.
In addition to satisfying the requirements of PART 4, Table 4-2 of this by-
law, each wind energy generation station (WEGS) facility shall be
24
dedicated only to the location of the wind energy generation station tower
and/or the associated accessory buildings and infrastructure. The wind
energy generation station is the principal use of the (WEGS) site but the
land within the (WEGS) site that is not used for the facility may be used for
compatible agricultural activities provided all other provisions of this by-law
are satisfied.
ii.
No portion of a (WEGS) tower, including its blade assembly shall extend
beyond the limits of the site on which it is located unless the adjacent
affected property owner has provided written authorization to the WEGS
developer and Development Officer.
iii.
All Accessory buildings and structures associated with and located on the
same site as a Wind Energy Generation Station (WTGS) shall be set back
a minimum of 125 feet from all site lines of the site on which the (WEGS)
is located. Where the site is located adjacent to a Provincial Trunk
Highways (PTH) or Provincial Road (PR) the setback requirements, and
changes thereto, of the provincial authority having jurisdiction shall apply.
iv.
A (WEGS) project involving more than one site and/or parcel of land may
be processed at the same time. However, separate conditional use
applications and any resulting conditional use orders shall be issued for
each separate site containing one or more wind turbine tower.
v.
Proponents of a wind energy generation station (WEGS) development
shall submit to the Development Officer a detailed site plan showing the
location of all wind turbine towers, electrical lines (above or below ground),
on-site roads and driveways providing access to the public road system
and setback information to adjacent development as part of the conditional
use application.
vi.
Proponents of a (WEGS) development are responsible for obtaining any
required Federal and/or Provincial permits or approvals from agencies
such as but not limited to Transport Canada, NAV Canada, Manitoba
Hydro, Manitoba Infrastructure, The Mines Branch, The Petroleum Branch
and Manitoba Sustainable Development, prior to the issuance of a
development permit and any required building permits.
vii.
When locating a proposed wind energy generation station tower in the
vicinity of an airport all Transport Canada regulations regarding lighting,
height and location of buildings and structures shall be satisfied.
viii.
A development permit and building permit (if required) shall be obtained
prior to the commencement of construction.
25
ix.
All signage affixed to a commercial Wind Energy Generation Station
(WTGS) tower shall be subject to the approval of Council. Any
illumination of the facility shall be arranged so that it does not create glare
at any nearby property or public roadway.
x.
A private wind energy generation station located on the same site and in
direct support of either a permitted or conditionally approved single private
agricultural activity or private residential activity shall be treated as an
accessory structure. This structure shall be set back from all property
lines a minimum distance equal to its total height, measured from the
ground to the uppermost point of extension of its rotors.
xi.
The total height of all (WEGS) towers shall be the distance measured from
the ground to the uppermost point of the extension of any rotor blade.
(p)
Minimum Separation Distances Between Wind Turbine Generation Stations and
Adjacent Development
In addition to satisfying the minimum requirements of PART 4, Table 4-2 of this
by-law, the following additional mutual separation distances set out below shall
also apply to both land uses cited in each clause)
i. Except as provided for in clause ii of this footnote (below), all (WEGS)
tower bases, shall be separated a minimum distance of 1,640 feet (500 m)
from all dwellings or other habitable buildings (e.g. motels) located on all
lands;
ii. All (WEGS) tower bases shall be separated a minimum distance of one
and one half (1.5) times the total height of the tower plus rotor from
employee accommodation buildings built and owned by the wind tower
company on associated owned or leased lands;
iii. All (WEGS) towers shall be separated a minimum of 1.1 times their total
height from any other titled property including the boundary of a railway
right-of-way, government road allowance or provincial road or provincial
trunk highway. Where a (WEGS) is proposed within the control area of a
provincial road or provincial trunk highway, they shall be subject to the
approval of the provincial authority having jurisdiction.
iv. All (WEGS) tower bases shall be setback a minimum two hundred (200
feet) from the ordinary high water level of a lake or water course.
v. All WEGS) tower bases shall be setback a minimum of one half mile (2640
feet) from all zoned urban areas, rural residential areas and or seasonal
recreation areas.
26
TABLE 4-3: "AL" AGRICULTURAL LIMITED ZONE -
USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)(b)
Rear
Yard
(feet)
(a)(b)
PERMITTED PRINCIPAL USES
Agricultural Activities, General
80
1,000
125
25
25
Agricultural Activities, Specialized (c)
2
200
125
25
25
Agricultural Irrigation Operations outside of
Groundwater Sensitivity Areas
80
1,000
125
25
25
Livestock Operations between 10 and 75
animal units (cumulative across species)
in the "AL" zone (d). See also PART 5
herein
80 (e)
1,000
125
25
25
Market Gardens, Nurseries or
Greenhouses (k)
2
200
125
25
25
Telecommunications Towers (private for
profit) (k) (n)
4(g)
300
125
125
125
CONDITIONAL USES
Advertising signs, over 50 sq. ft. in area (k)
-
-
Determined by Council
Agricultural Irrigation Operations within
Groundwater Sensitivity Areas (See
Sections 5.11 to 5.13)
80
1,000
125
25
25
Aircraft Landing Areas (k)
10
200
125
25
25
Auction Marts (k)
2(g)
200
125
25
25
Automobile or Farm Implement Salvage or
Wrecking Establishments (k)
2(g)
200
125
25
25
Campgrounds (k)
2(g)
200
125
25
25
Cemeteries (k)
2(g)
200
125
25
25
Community Halls (f) (k)
2(g)
200
125
25
25
Earth Moving Contractors (k)
2(g)
200
125
25
25
Establishments for the storage, handling
or processing of agricultural produce, in
return for remuneration (f) (j) (k)
2
200
125
25
25
Establishments for the sales, storage,
service or distribution of agricultural
supplies, equipment or structures (f) (j) (k)
2(g)
200
125(h)
25(h)
25(h)
Establishments related to the harvesting of
natural resources, such as oil and gas (k)
2(g)
200
125
25
25
27
TABLE 4-3: "AL" AGRICULTURAL LIMITED ZONE -
USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)(b)
Rear
Yard
(feet)
(a)(b)
Exhibition Grounds (k)
2
200
125
25
25
Fuel Sales and Storage Establishments
(j)(k)
2
200
125
25
25
Fur Farms (k)
2(g)
200
125
25
25
Kennels (k)
2(g)
200
125
25
25
Livestock Operations with 76 animal units
or more (cumulative across species) in the
"AL" zone (d). See also PART 5 herein.
80 (e)
1,000
125
25
25
Manufacturing, Fabricating, Machining,
Processing or Repair Establishments (f)
(k)
2(g)
200
125
25
25
Motor Vehicle or Agricultural Equipment
Body Shops, Salvage or Wrecking
Operations (k)
2(g)
200
125
25
25
Museums or Historic Sites (k)
2(g)
200
125
25
25
Non-Farm Dwellings (k) (m)
2(g)
200
125
25
25
Oil Field Battery Facilities (i) (k)
2(g)
200
125
25
25
Public Works Compounds and
Maintenance Buildings (k)
2(g)
200
125
25
25
Recreation Facilities (f) (k)
2
200
125
25
25
Religious Institutions (f) (k)
2(g)
200
125
25
25
Riding Academies and Stables (k) (m)
2
200
125
25
25
Rural Convenience Stores & Restaurants
(k)
2 (g)
200
125
25
25
Sewage Lagoons (k)
2
200
125
25
25
Surface Mining Operations, including
gravel pits (k)
2
200
125
25
25
Trucking Establishments (f) (k)
2(g)
200
125
25
25
Veterinary Clinics (k)
2(g)
200
125
25
25
Waste Disposal Sites (k)
2
200
125
25
25
ACCESSORY USES,
BUILDINGS, AND
STRUCTURES (l) (See also
Sections 2.13 - 2.15 of PART 2)
-
-
125
25
25
The following footnotes form part of this Table 4-3:
28
(a)
Where a site line is adjacent to a Provincial Trunk Highway or Provincial Road,
the required yard shall be specified by the Provincial highway authority.
(b)
Where a side site line or rear site line is adjacent to a government road
allowance or other municipal road, the minimum required yard shall be 125 feet.
(c)
Apiaries shall be considered as a conditional use when proposed to be located
within 1 mile of a residential or cottage area.
(d)
The minimum front, side and rear yard setback requirements set out in Table 4-3
apply only to the residence and its accessory buildings located on the same site
as the livestock operation. Information concerning minimum property line
setback information for livestock-related facilities is set out in PART 5, Table 5-8
of this by-law.
(e)
Notwithstanding the minimum site area requirement specified in Table 4-3 of
this PART, all newly siting or expanding livestock operations shall have access
to (either by direct ownership or lease) and use of sufficient lands to accept the
application of all of the livestock manure generated by the operation in a
sustainable manner on an annual basis in accordance with the provisions of the
Livestock, Manure & Mortalities Management Regulation 42/98, as amended and
the Nutrient Management Regulation 62/2008, as amended.
(f)
These types of uses may be allowed in the "AL"' Agricultural Limited Zone
only if Council is satisfied that no suitable site is available in a community, in
accordance with the provisions of the Dennis County Planning District
Development Plan.
(g)
The maximum site area shall be 10 acres, unless physical features of the site,
such as natural drains, shelterbelts, etc. indicate that a larger site would be
appropriate.
(h)
Anhydrous ammonia storage facilities shall be set back 330 feet from any public
roadway, and shall be separated by a distance of 1,000 feet from any individual
residence and shall be separated by a distance of 2,640 feet from any residential
or cottage area.
(i)
Oil field battery facilities shall be considered as a conditional use only when they
are proposed to be located or expanded within one half mile of any dwelling or
other habitable building; otherwise they shall be considered as a permitted use.
(j)
PART 5, Sections 5.7 of this by-law describes special limitations for hazardous
and dangerous materials storage, including agricultural chemical supply
warehouses, inland grain terminals, bulk fuel or fertilizer storage facilities and
anhydrous ammonia facilities, in proximity to habitable buildings and other zones.
29
(k)
Where the site of a proposed development is located within 1,000 feet of a
Provincial Trunk Highway, or within 1/2 mile of a highway intersection, the
proposal shall be referred to Manitoba Infrastructure for review and comment.
(l)
Accessory buildings, structures and uses shall include the following, when
located on the same site or parcel of land as a permitted use or a conditionally
approved agricultural use:
i.
farm dwellings or mobile homes occupied by members of the farm family
or employees associated with the agricultural operation,
ii.
accessory agricultural buildings and structures, including grain storage
structures, machinery storage structures, and livestock confinement
facilities, provided that such livestock confinement facilities are not
specifically provided for as a part of a "livestock operation" as defined in
PART 9 of this by-law,
iii.
accessory domestic structures such as private garages and swimming
pools, and
iv.
home based businesses as provided for in PART 5, Section 5.8 of this
By-law.
(m)
Animal housing facilities located on conditionally approved small rural land
holdings such as a "riding academy and stables" or a "non-farm dwelling" site
shall be allowed as a permitted accessory use. In such circumstances, each site
shall be allowed to accommodate a maximum of up to nine (9) animal units
(cumulative across species) as calculated from PART 5, Table 5-1 of this by-law
and shall not exceed one animal unit per acre of site area and shall be subject to
the following additional requirements:
i. The animal housing facility and any manure stored onsite shall be
separated a minimum distance of five hundred (500) feet from the limits of
the community of Hartney, all General Development Zones, Rural
Residential Zones and/or Seasonal Recreation Zones and three hundred
and twenty-eight (328) feet away from all residences other than the
owner's residence located on the same site as the animal housing facility
and any manure stored onsite, adjacent motels, restaurants and
community buildings. In addition, all animal housing and manure storage
facilities shall be setback a minimum of 125 feet from all public roads, and
seventy-five (75) feet from the side and rear limits of the property on which
they are sited.
ii.
Notwithstanding the nine (9) animal unit cap (cumulative across species)
referred to in this section, where a conditionally approved riding academy
and stables or non-farm dwelling site proposes to keep ten (10) or more
30
animal units (cumulative across species), they shall be deemed to be a
"livestock operation" as defined in PART 9 of this by-law and shall be
required to satisfy the use and bulk requirements for a "livestock
operation" in the "AL" Agricultural Limited Zone as set out in as set out
in PART 4, Table 4-3 this by-law as well as having to satisfy other
provisions of PART 5 of this by-law.
31
TABLE 4-4: "GD" GENERAL DEVELOPMENT ZONE -
USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard(k)
(feet)
Side
Yard(k
) (feet)
Rear
Yard(k)
(feet)
PERMITTED PRINCIPAL USES
Accommodation Facilities, including
Hotels and Motels
15,000
100
25
15
25
Bakeries
15,000(b)
100(b)
25
15(b)
25
Bed and Breakfast Establishments,
with a maximum of 4 suites
15,000(b)
100(b)
25
15(b)
25
Boarding or Rooming Houses, with
a maximum of 4 suites
15,000(b)
100(b)
25
15(b)
25
Campgrounds
20,000
100
25
15
25
Clubs, Private or Public
15,000(b)
100(b)
25
15(b)
25
Cultural Facilities, including
auditoriums, community clubs and
halls, libraries, museums, theatres,
and historic sites
15,000(b)
100(b)
25
15(b)
25
Day care Facilities, accommodating
up to 8 children
15,000(b)
100(b)
25
15(b)
25
Dwellings, single-family
7,500(b)
75(b)
25
10(b)
25
Dwellings, mobile home (c)
7,500(b)
75(b)
25
10(b)
25
Dwellings, two-family
8,5000
80
25
15
25
Dwellings, multiple-family
15000(d)
100
25
15
25
Emergency Services, including
police and fire stations
15,000(b)
100(b)
25
15(b)
25
Establishments for the provision of
personal services, including offices,
financial institutions, clinics, salons,
day care facilities and funeral
homes
15,000(b)
100(b)
25
15(b)
25
Establishments for the sale of
goods or services, provided that all
storage is within a fully enclosed
building
15,000(b)
100(b)
25
15(b)
25
Exhibition Grounds
20,000
100
25
15
25
Food or Beverage Service
Establishments
15,000(b)
100(b)
25
15(b)
25
32
TABLE 4-4: "GD" GENERAL DEVELOPMENT ZONE -
USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard(k)
(feet)
Side
Yard(k
) (feet)
Rear
Yard(k)
(feet)
Institutional Buildings, including
hospitals, schools, personal care
homes and senior citizen homes
20,000
100
25
15
25
Nurseries or Greenhouses
15,000
100
25
15
25
Parks or Playgrounds
1,000
20
-
-
-
Public Utilities
15,000(b,e)
100(b,e)
25(e)
15(b,e)
25(e)
Recreation Facilities
15,000(b)
100(b)
25
15(b)
25
Religious Institutions
15,000(b)
100(b)
25
15(b)
25
Residential care facilities, providing
service to up to 4 persons
15,000 (b)
100 (b)
25
15 (b)
25
Storage Buildings and Warehouses,
for non-hazardous materials
15,000(b)
100(b)
25
15(b)
25
CONDITIONAL USES
Advertising Signs over 50 sq. ft.
-
-
As determined by Council
Boarding or Rooming Houses, with
more than 4 suites
15,000
100
25
15
25
Day Care Facilities,
accommodating 9 children or more
15,000
100
25
15
25
Earth Moving Contractors and
Ready-Mix Concrete Suppliers
15,000
100
25
15
25
Establishments for the storage,
handling or processing of
agricultural produce, in return for
remuneration (j)
15,000
100
25
15(f)
25(f)
Establishments for the sales,
storage service or distribution of
agricultural supplies, equipment or
structures (j)
15,000
100
25
15(f)
25(f)
Establishments for the sale of
goods and services, where there is
exterior storage of products
15,000
100
25
15
25
Fuel Sales & Storage
Establishments(j)
15,000
100
25
15
25
Manufacturing, Fabricating,
Machining, Processing or Repair
Establishments
15,000
100
25
15(b)
25
33
TABLE 4-4: "GD" GENERAL DEVELOPMENT ZONE -
USE & BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard(k)
(feet)
Side
Yard(k
) (feet)
Rear
Yard(k)
(feet)
Public Works Compounds and
Maintenance Buildings
15,000
100
25
15
25
Residential care facilities, providing
service to 5 persons or more
15,000
100
25
15
25
Storage Facilities and Compounds,
Exterior, non-hazardous materials
15,000
100
25
15
25
Sewage Lagoons
15,000
100
25
15
25
Trucking Establishments
15,000
100
25
15
25
Veterinary Clinics
15,000
100
25
15
25
ACCESSORY USES,
BUILDINGS AND
STRUCTURES (l) (m)
-
-
(g)
5(h)(i)
5(h)(i)
The following footnotes form part of this Table 4-4:
(a)
In addition to the minimum requirements of Table 4-4 above, the following
requirements shall also apply:
(i)
Maximum allowable height for all principal buildings and structures shall
be 30 feet, except for grain storage structures, fuel and fertilizer storage
tanks and church steeples.
(ii)
Maximum allowable height for all accessory buildings and structures shall
be 12 feet, if accessory to a residence, and 18 feet if accessory to a non-
residential use, except for grain storage structures, fuel and fertilizer
storage tanks, church steeples and private telecommunications towers.
(iii)
Minimum dwelling unit area shall be 600 square feet for a residential
building, and 400 square feet for an accessory residential suite within a
commercial building.
(b)
Where the site is serviced by a private on-site septic system (field) approved by
the provincial authority having jurisdiction, the minimum bulk requirements shall
be as follows:
(i)
Minimum required site area - 2 acres
(ii)
Minimum required site width - 200 feet
(iii)
Minimum required side yard -
25 feet
34
(c)
For mobile home sites, there shall be an open space at least 20 ft. by 50 ft.
adjacent to the side of the mobile home containing either the entrance or the
main living room window, to be utilized for household exterior recreational use.
(d)
The minimum required site area for the first 3 dwelling units shall be 15,000
square feet, and the minimum required site area shall increase by an additional
1,000 square feet for each additional dwelling unit above 3 units.
(e)
Where the proposed development consists of a building or structure less than
100 square feet in floor area, a smaller site may be approved, provided that the
site is not adjacent to a required front yard of a residential site, and provided that
a separation distance of 7 feet is maintained from all site lines.
(f)
Where the side or rear site line of a site coincides with the boundary of a railway
right-of-way, the required yard shall be 0 ft. for those structures which require
railway service for loading or unloading.
(g)
The minimum required front yard for accessory buildings and structures shall be
the same as the minimum required front yard for the principal building on the
same site.
(h)
In the case of buildings or structures which are accessory to residential uses,
when located entirely to the rear of the principal building, the minimum required
interior side yard and rear yard for accessory buildings and structures shall be 3
feet.
(i)
Where an accessory building is used for the storage of a motor vehicle, the wall
which contains the vehicular access door shall be set back a minimum distance
of 10 feet from a public lane or public street.
(j)
PART 5, Sections 5.7 of this by-law describes special limitations for hazardous
and dangerous materials storage, including agricultural chemical supply
warehouses, inland grain terminals, bulk fuel or fertilizer storage facilities and
anhydrous ammonia facilities, in proximity to habitable buildings and other zones.
(k)
Where a site line is adjacent to a Provincial Trunk Highway or Provincial Road,
the required yard shall be specified by the provincial authority having jurisdiction.
(l)
The keeping of livestock and/or the construction of buildings or other structures
or enclosures for the purposes of keeping livestock is prohibited within the "GD"
General Development Zone.
(m)
Home based businesses shall be subject to the requirements of PART 5,
Section 5.8 of this By-law.
35
TABLE 4-5: "AUR" AGRICULTURAL URBAN RESERVE
ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)(b)
Rear
Yard
(feet)
(a)(b)
PERMITTED PRINCIPAL USES
Agricultural Activities, General (c) (h)
40
1,000
125
25
25
Agricultural Activities, Specialized (c) (h)
2
200
125
25
25
Community Halls (d)
2(e)
200
125
25
25
Exhibition Grounds
2
200
125
25
25
Market Gardens, Nurseries or
Greenhouses
2
200
125
25
25
Recreation Facilities
2(e)
200
125
25
25
CONDITIONAL USES
Advertising signs over 50 sq.ft. in area
-
-
As determined by Council
Auction Marts (g)
2(e)
200
125
25
25
Campgrounds (g)
2(e)
200
125
25
25
Earth Moving Contractors (g)
2(e)
200
125
25
25
Establishments for the storage, handling or
processing of agricultural produce, in
return for remuneration (d) (f) (g)
2
200
125
25
25
Establishments for the sales, storage or
distribution of agricultural supplies,
equipment or structures (d) (f) (g)
2(e)
200
125
25(f)
25(f)
Establishments related to the harvesting of
natural resources, such as oil and gas (g)
2(e)
200
125
25
25
Kennels (g)
2(e)
200
125
25
25
Manufacturing, Fabricating, Machining,
Processing or Repair Establishments (d)
(g)
2(e)
200
125
25
25
Museums or Historic Sites (g)
2(e)
200
125
25
25
Non-Farm Dwellings (g) (h)
2(e)
200
125
25
25
Public Works Compounds and
Maintenance Buildings (g)
2(e)
200
125
25
25
Religious Institutions (d) (g)
2(e)
200
125
25
25
Riding Academies and Stables (c) (g) (h)
2
200
125
25
25
Sewage Lagoons (g)
2
200
125
25
25
Telecommunications Towers (g)
2(e)
200
125
25
25
Trucking Establishments (d) (g)
2(e)
200
125
25
25
Veterinary Clinics (g) (h)
2(e)
200
125
25
25
36
TABLE 4-5: "AUR" AGRICULTURAL URBAN RESERVE
ZONE - USE & BULK TABLE
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)(b)
Rear
Yard
(feet)
(a)(b)
ACCESSORY USES,
BUILDINGS, AND
STRUCTURES
-
-
125
25
25
The following footnotes form part of this TABLE 4-5:
(a)
In the case of sites which abut roads under the jurisdiction of the Highway Traffic
Board or Manitoba Infrastructure, the setback requirements of the provincial
authority having jurisdiction shall take the place of the minimum front, side or rear
yard requirement, as the case may be.
(b)
Where a side site line or rear site line is adjacent to a government road
allowance, the minimum required side yard or rear yard shall be 125 feet.
(c)
Apiaries shall be considered as a conditional use when proposed to be located
within the community of Hartney.
(d)
These types of uses may be allowed in the "AUR" Agricultural Urban Reserve
Zone, in accordance with the provisions of the Dennis County Planning District
Development Plan.
(e)
The maximum site area shall be 10 acres, unless physical features of the site,
such as natural drains, shelterbelts, etc. indicate that a larger site would be
appropriate.
(f)
Proposals to establish or expand any agricultural chemical supply warehouse,
inland grain terminal, bulk fuel or fertilizer storage facility or anhydrous ammonia
storage facility shall be subject to the provisions of PART 5, Sections 5.3 and
5.4 of this By-law.
(g)
Any proposal to establish a conditional use within a distance of 500 feet of
P.T.H. No. 21 shall be subject to review and recommendation by Manitoba
Infrastructure.
37
(h)
Keeping of Livestock in "AUR" Zone
Within areas which are zoned as "AUR" Agriculture Urban Reserve Zone,
where principal use(s) listed in Table 4-5 of this PART allow for the keeping of
livestock, it shall be permitted only in accordance with the following requirements:
(a)
The only type of livestock that will be permitted is horses;
(b)
Each mature animal shall have access to a minimum of 2.5 acres of land
for use; and
(c)
The maximum number of animals allowed on each parcel of land is 3
mature horses (4 animal units), and their offspring to a maximum age of 4
months.
(d)
See PART 8, Section 5.8 of this by-law for information related to home-
based businesses involving horses in the "AUR" zone
38
TABLE 4-6: "UR"' URBAN RESIDENTIAL ZONE - USE &
BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)(l)
Site
Width
(feet) (l)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED PRINCIPAL USES
Bed and Breakfast establishments,
with a maximum of 2 suites
7,500
75
25
5(b)
25
Boarding or Rooming Houses, with a
maximum of 2 suites
7,500
75
25
5(b)
25
Day Care Facilities, accommodating
up to 8 children
7,500
75
25
5(b)
25
Dwellings, single-family
7,500(c)
75(c)
25
5(b)
25
Dwellings, mobile home
5,000
50
25
5(b,d)
10
Dwellings, two-family (f)
7,500(e)
75(e)
25
5(b,e)
25
Parks or Playgrounds
1,000
20
-
-
-
Public Utilities
5,000(h)
50(h)
25(h)
5(b,h)
25(h)
Religious Institutions
7,500(c)
75(c)
25
5(b)
25
Residential Care Facilities, providing
service for up to 2 persons
7,500
75
25
5(b)
25
CONDITIONAL USES
Boarding or Rooming Houses, with
more than 2 suites
7,500
75
25
5(b)
25
Clubs, Private or Public
7,500(c)
75(c)
25
5(b)
25
Cultural Facilities, including
auditoriums, community clubs,
libraries, museums, theatres, and
historic sites
7,500(c)
75(c)
25
5(b)
25
Day Care Facilities accommodating 9
or more children
7,500
75
25
5(b)
25
Dwellings, multiple-family, over 3
dwelling units (f)
(g)
100
25
5(b)
25
Hairdressing Salons (m)
7500 (c)
75 (c)
25
5 (b)
25
Institutional Buildings, including
hospitals, schools, personal care
homes and senior citizen homes
20,000
100
25
15
25
Recreation Facilities
7,500(c)
75(c)
25
5(b)
25
Residential Care Facilities, providing
service to 3 persons or more
7,500
75
25
5(b)
25
39
TABLE 4-6: "UR"' URBAN RESIDENTIAL ZONE - USE &
BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)(l)
Site
Width
(feet) (l)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
ACCESSORY USES,
BUILDINGS &
STRUCTURES
-
-
25
5(b,i,k)
5(j,k)
The following footnotes form part of this TABLE 4-6:
(a)
In addition to the minimum requirements of this TABLE, the following
requirements shall also apply:
(i)
Maximum allowable height for all principal buildings and structures shall
be 30 feet;
(ii)
Maximum allowable height for all accessory buildings and structures shall
be 12 feet; and
(iii)
Minimum dwelling unit area shall be 600 square feet.
(b)
The minimum required side yard shall be adjusted as follows:
(i)
When located on a corner site, the minimum required side yard on the
street side of the site for all principal and accessory buildings and
structures shall be 15 percent of the actual site width, up to a maximum of
15 feet;
(ii)
Where the height of the building is in excess of 20 feet above average
grade, the required side yard shall be half the height of the building; and
(iii)
Where the side wall of the building contains any window in excess of 20
square feet in area; the minimum required interior side yard shall be 15
feet.
(c)
These requirements represent the minimum site area and minimum site width
requirements for new sites being subdivided at the periphery of the existing
developed area of the community. Where property boundaries are being
realigned or where sites are being created on an infill basis within the existing
developed area of the community, the minimum site area requirement shall be
5,000 square feet and the minimum site width requirement shall be 50 feet.
(d)
For mobile home sites, there shall be an open space at least 20 ft. by 50 ft.
adjacent to the side of the mobile home containing either the entrance or the
main living room window, to be utilized for household exterior recreational use.
40
(e)
In the case of two-family dwellings, each unit may occupy a separate site, in
which case the minimum site area requirement shall be 3,500 sq. ft., the
minimum site width requirement shall be 35 ft. and the minimum side yard
requirement along the party wall shall be 0 ft.
(f)
Where dwellings are to be developed in accordance with a bare land
condominium concept, the minimum required site area, minimum required site
width, and minimum required yards shall not apply to individual condominium
units; however, the front and rear walls of the condominium structure shall be set
back a minimum distance of 25 ft. from the front and rear boundaries of the
condominium lot, and the side wall shall be set back a minimum distance of 5 ft.
from the side boundary, unless the wall is a party wall, in which case the
minimum required side yard shall be 0 ft..
(g)
The minimum required site area for the first 3 dwelling units shall be 9,000
square feet, and the minimum required site area shall increase by an additional
1,000 square feet for each additional dwelling unit above 3 units.
(h)
Where the proposed development consists of a building or structure less than
100 square feet in floor area, a smaller site may be approved, provided that the
site is not adjacent to a required front yard of a residential site, and provided that
a separation distance of 7 feet is maintained from all site lines.
(i)
When located entirely to the rear of the principal building, the minimum required
interior side yard for accessory buildings and structures shall be 3 feet.
(j)
Where the rear site line is not adjacent to a public lane, the minimum required
rear yard for accessory buildings and structures shall be 3 feet.
(k)
Where an accessory building is used for the storage of a motor vehicle, the wall
which contains the vehicular access door shall be set back a minimum distance
of 10 feet from a public lane or street.
(l)
Where a site is not serviced by municipal sewer, the minimum site area
requirement shall be 15,000 square feet and the minimum site width requirement
shall be 100 feet, or as required by provincial regulations, whichever is greater.
(m)
Home-based businesses shall be subject to the requirements of PART 5,
Section 5.8 of this By-law.
41
TABLE 4-7: "UN" URBAN NON-RESIDENTIAL ZONE - USE
& BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet) (b)
Side
Yard
(feet)(b)
Rear
Yard
(feet)(b)
PERMITTED PRINCIPAL USES
Accommodation Facilities, including
Hotels and Motels (k)
10,000
100
25(c)
25(d)
25(d)
Automotive Sales, Service or Repair
Establishments, excluding auto body
repair and auto wrecking
establishments (k)
5,000
50
25(c)
10(c)
25(c)
Bakeries
5,000
50
25(c)
10(c)
25(c)
Clubs, Private or Public
5,000
50
25(c)
10(c)
25(c)
Cultural Facilities, including
auditoriums, community clubs and
halls, libraries, museums, theatres,
and historic sites
5,000
50
25(c)
10(c)
25(c)
Emergency Services, including police
and fire stations
5,000
50
25(c)
10(c)
25(c)
Establishments for the provision of
personal services, including offices,
financial institutions, clinics, salons,
day care facilities and funeral homes
5,000
50
25(c)
10(c)
25(c)
Establishments for the sale of goods
or services, provided that all storage is
within a fully enclosed building (e) (k)
5,000
50
25(c)
10(c)
25(c)
Existing Dwellings
5,000
50
25
5
25
Food or Beverage Service
Establishments (k)
5,000
50
25(c)
10(c)
25(c)
Institutional Buildings, including
hospitals, schools, personal care
homes and senior citizen homes (k)
20,000
100
25
15
25
Nurseries or Greenhouses (k)
5,000
50
25(c)
10(c)
25(c)
Parks or Playgrounds
1,000
20
-
-
-
Printing or Publishing Establishments
5,000
50
25(c)
10(c)
25(c)
Public Parking Areas
5,000
50
-
-
-
Public Utilities
5,000(f)
50(f)
25(c,f)
10(c,f)
25(c,f)
Recreation Facilities (k)
5,000
50
25(c)
10(c)
25(c)
Religious Institutions (k)
5,000
50
25(c)
10(c)
25(c)
Storage Buildings and Warehouses
for Non-Hazardous Materials (k)
5,000
50
25(c)
10(c)
25(c)
42
TABLE 4-7: "UN" URBAN NON-RESIDENTIAL ZONE - USE
& BULK TABLE
MINIMUM REQUIREMENTS (a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet) (b)
Side
Yard
(feet)(b)
Rear
Yard
(feet)(b)
CONDITIONAL USES
Advertising Signs in excess of 50 sq.
ft. (k)
-
-
As determined by Council
Autobody Repair Establishments (k)
5,000
50
25
10(c)
25(c)
Conversion of Commercial Uses or
Buildings to Residential Use
5,000
50
25(c)
10(c)
25 (c)
Drive-Through Facilities or
Businesses
5,000
50
25
10(c)
25(c)
Earth Moving Contractors and Ready-
Mix Concrete Suppliers (k)
10,000
100
25
15
25
Establishments for the storage,
handling or processing of agricultural
produce, in return for remuneration
(e)(k)
10,000
100
25
15(g)
25(g)
Establishments for the sales, storage
or distribution of agricultural supplies,
equipment or structures (e)(k)
10,000
100
25(c)
15(c,g)
25(c,g)
Establishments for the sale of goods
and services, where there is exterior
storage of products (e)(k)
10,000
100
25(c)
15(c)
25(c)
Manufacturing, Fabricating,
Machining, Processing or Repair
Establishments, not described
elsewhere in this TABLE (k)
5,000
50
25(c)
10(c,g)
25(c,g)
Public Works Compounds and
Maintenance Buildings (k)
5,000
50
25(c)
10(c)
25(c)
Storage Facilities and Compounds,
Exterior, for Non-Hazardous Materials
(e) (k)
5,000
50
25(c)
10(c)
25(c)
Trucking Establishments (k)
10,000
100
25
15
25
Veterinary Clinics (k)
10,000
100
25
15
25
ACCESSORY USES,
BUILDINGS AND
STRUCTURES (i)
-
-
25(c, h)
5(g,h,j)
5(g,h,j)
The following footnotes form part of this TABLE 4-7:
43
(a)
In addition to the minimum requirements of this TABLE, the maximum allowable
height for all principal buildings and structures shall be 30 feet, and the maximum
allowable height for all accessory buildings and structures shall be 18 feet, with
the exception of grain storage structures, fuel and fertilizer storage tanks, church
steeples and telecommunications towers.
(b)
In the case of sites which abut roads under the jurisdiction of provincial highway
authorities, the setback requirements of the highway authority shall take the
place of the minimum front, side or rear yard requirement, as the case may be.
(c)
When located in the central business area of the community, as illustrated on
Map 1, the minimum required front yard and the minimum required side yard
shall be 0 feet, and the minimum required rear yard shall be 5 feet.
(d)
Where the exterior wall does not contain any exterior windows or entrances to
individual suites, and where there is sufficient parking provided elsewhere, the
minimum required yard shall be 5 feet.
(e)
Proposals to establish or expand any agricultural chemical supply warehouse,
inland grain terminal, bulk fuel or fertilizer storage facility or anhydrous ammonia
storage facility shall be subject to PART 5, Sections 5.6 and 5.7 of this By-law.
(f)
Where the proposed development consists of a building or structure less than
100 square feet in floor area, a smaller site may be approved, provided that the
site is not adjacent to a required front yard of a residential site, and provided that
a separation distance of 7 feet is maintained from all site lines.
(g)
Where the side or rear site line of a site coincides with the boundary of a railway
right-of-way, the minimum required yard shall be 0 ft. for those structures which
require railway service for loading or unloading.
(h)
Where an accessory building is used for the storage of a motor vehicle, the wall
which contains the vehicular access door shall be set back a minimum distance
of 10 feet from a public lane or street.
(i)
Accessory residential suites are permitted within the second storey or rear
portion of the first storey of any commercial building.
(j)
When located entirely to the rear of the principal building, the minimum required
interior side yard for accessory buildings and structures shall be 3 feet, and
where the rear site line is not adjacent to a public lane, the minimum required
rear yard for accessory buildings and structures shall be 3 feet.
(k)
Any proposal to establish the development within a distance of 500 feet of P.T.H.
No. 21 shall be subject to review and recommendation by Manitoba
Infrastructure.
44
PART 5: RULES FOR SPECIFIC USES
LIVESTOCK OPERATIONS
The provisions of Section 5.1 of his PART shall apply to the establishment or
enlargement/expansion of livestock operations in the "AG" Agricultural General Zone,
"AML" Agricultural Moderately Limited Zone and the "AL" Agricultural Limited
Zone.
5.1
GENERAL PROVISIONS
5.1.1 The provisions of Section(s) 5.1 to 5.4 of this PART do not apply to grazing
areas.
5.1.2 All existing lawfully established livestock operations which have a capacity of 300
or more animal units (cumulative across species) are deemed to be a legally
existing conditional use. Where such existing operations are proposed to be
enlarged or expanded, the enlargement or expansion shall be subject to the
conditional use process as specified in The Planning Act. If a conditional use
permit and any required variations (if required) are approved by Council, the
proponent will be required to obtain a Development Permit from the Dennis
County Planning District prior to the commencement of construction.
5.1.3 Any conditional use order or variation of a requirement for siting and
development of a livestock operation or a farm or non-farm residential site or
rural residential or seasonal recreation area approved under the existing or any
previous zoning by-law will continue to be in full force and effect.
5.1.4 Where two or more existing or proposed livestock operations involving the
production of the same species of livestock are either:
(a)
located within ½ mile of one another and are owned by the same
individual, corporation, partnership or other entity, or
(b)
located within ½ mile of one another and share a common manure storage
facility (regardless of ownership)
they are deemed to be a single livestock operation, and the total number of
existing or proposed animal units in each operation shall be added together for
the purposes of interpreting the requirements of this by-law.
5.1.5 Requirements for separation distances, as provided for in this By-law, shall be
measured from the closest point of the feedlot, animal housing facility or manure
storage facility to a residence, or the zoning boundary of any designated area
whichever is closer.
45
5.1.6 No newly siting or expanding livestock operation or part thereof including an
animal housing facility, feedlot or manure storage facility, shall be established or
expanded in an area which is subject to flooding, as determined by Manitoba
Water Stewardship, unless appropriate mitigative measures are taken to the
satisfaction of Provincial authorities to prevent flood water from entering the
operation or facility. Council and/or the Provincial authority may require that
these mitigative measures be designed and certified by a professional engineer.
5.1.7 No newly siting or expanding livestock operation or part thereof including an
animal housing facility, feedlot or manure storage facility, shall be established or
expanded on soils determined by detailed soil survey acceptable to the Province,
with a scale of 1:50,000 or better, to have an agricultural capability of Class 6,
Class 7, or unimproved organic soils, as described under the Canada Land
Inventory. If detailed soil survey information is not available for the area of the
proposed development, the applicant may be required to provide a detailed soils
survey for the site acceptable to the Province at a scale of 1:50,000 or better.
Where a proponent is required to provide this detailed soils information, it may be
possible to demonstrate that the soils are not Canada Land Inventory (CLI)
Class 6, 7 or unimproved organic soils and may be suitable to support a livestock
operation.
5.1.8 All newly siting or expanding livestock operations (including feedlots, animal
housing and/or manure storage facilities) being proposed in Grassland
Municipality, which are 300 animal units (AU) or larger in size (cumulative
across species) shall, regardless of their location, be subject to the conditional
use approval process as detailed in The Planning Act, as amended.
5.1.9 Notwithstanding the minimum site area requirement specified in PART 4, Tables
4-1 to 4-3 of this by-law, all newly siting or expanding livestock operations shall
have access to (either by direct ownership or lease) and use of sufficient lands to
accept the application of all of the livestock manure generated by the operation in
a sustainable manner on an annual basis in accordance with the provisions of
the Livestock, Manure & Mortalities Management Regulation 42/98 and the
Nutrient Management Regulation 62/2008, each of which may be amended from
time to time without requiring an amendment to this by-law.
5.1.10 All newly siting or expanding livestock operations (including feedlots, animal
housing and/or manure storage facilities) that are 300 animal units or greater in
size (cumulative across species) will be subject to a provincial technical review
report which will be completed and provided to Council in accordance with the
requirements of The Planning Act, as amended. This requirement may be altered
from time to time by provincial authorities, without requiring an amendment to this
By-law.
46
5.1.11 All newly siting or expanding livestock operations (including feedlots, animal
housing and/or manure storage facilities) that are 300 animal units or greater in
size (not cumulative across species) and all newly siting or expanding pig
operations regardless of their size, will be required to file an annual manure
management plan in accordance with the requirements of MB Reg. 42/98, as
amended. This requirement may be altered from time to time by provincial
authorities, without requiring an amendment to this By-law.
5.1.12 For the purposes of determining the size of livestock operations, the system of
"animal units" as adopted by the Province of Manitoba shall be used. The
conversion factors for animal units are provided for general reference in PART 5,
Table 5-1 (below), and may be altered from time to time by provincial authorities,
without requiring an amendment to this By-law.
47
TABLE 5-1: ANIMAL UNIT CONVERSION
FACTORS
Animal
Type
A.U. Produced
by One
Livestock
Livestock Producing
One A.U.
Dairy
Milking Cows, including
associated livestock
2.000
0.5
Beef
Beef Cows, including
associated livestock
Backgrounder
Summer pasture
/replacement heifers
Feeder cattle
1.250
0.500
0.625
0.769
0.8
2
1.6
1.3
Hogs
Sows, farrow to finish
Sows, farrow to
weanling
Sows, farrow to nursery
Weanlings
Growers/finishers
Boars (artificial
insemination operations)
1.250
0.250
0.313
0.033
0.143
0.200
0.8
4.0
3.2
30
7
5
Chickens
Broilers
Roasters
Layers
Pullets
Broiler Breeder Pullets
Broiler Breeder Hens
0.0050
0.0100
0.0083
0.0033
0.0033
0.0100
200
100
120
300
300
100
Turkeys
Broilers
Heavy Toms
Heavy Hens
0.010
0.020
0.010
100
50
100
Horses
Mares, including
associated livestock
1.333
0.75
Sheep
Ewes, including
associated livestock
Feeder Lambs
0.200
0.063
5
16
The calculation of animal units for a species of livestock not mentioned in this
Table is to be determined by officials at Manitoba Department of Agriculture,
Food and Rural Initiatives.
Note: To calculate the number of animal units (AU) of a particular type, multiply the AU
produced by one livestock by the number of animals. For example, 200 animal
beef cows including associated livestock equals 1.25 x 200 = 250 AUs.
48
5.2
LIVESTOCK OPERATIONS IN THE "AG" AGRICULTURAL GENERAL ZONE
In addition to satisfying the requirements of PART 4 and PART 5, Section 5.1 of this
by-law which identify general requirements applicable to livestock operations in all
agricultural zone(s) in Grassland Municipality, the following additional requirements
shall apply to newly siting or expanding livestock operations located in areas which are
zoned "AG" Agricultural General Zone as identified on Zoning Map 1 of this By-law.
5.2.1 Subject to Section 5.2.4 of this PART (below), a proposal to establish or
expand a livestock operation or any part thereof including a feedlot, animal
housing facility or manure storage facility with a capacity between 10 to 250
Animal Units (cumulative across species) shall be allowed as a permitted
use providing it is developed in conformance with the requirements of The
Planning Act and all of the other provisions of this By-law.
5.2.2 Subject to Section 5.2.4 of this PART (below), a proposal to establish or
expand a livestock operation or any part thereof (including a feedlot, animal
housing facility or manure storage facility) with a capacity of 251 Animal Units
or more (cumulative across species) shall be deemed to be a conditional use
and shall be developed in accordance with requirements of The Planning Act and
all other provisions of this by-law including the provisions of PART 7, Sections
7.21 to 7.27 herein which deals with applications for conditional uses, variances
and development agreements.
5.2.3 No newly siting livestock operation or any part thereof (including a feedlot,
animal housing or manure storage facility) shall be established or expanded:
a.
within a distance of 328 feet of the ordinary high water mark of any
surface watercourse, sinkhole, spring or well which extends beyond the
boundaries of the operation; nor,
b.
within 1,000 feet of the ordinary high water mark of the Souris River.
5.2.4 Existing livestock operations or any part thereof (including a feedlot or high
density seasonal feeding area, animal housing or manure storage facility) located
within 1,000 feet of the ordinary high water mark of the Souris River may be
expanded to a maximum of 100 animal units (cumulative across species) as
a permitted use, provided that a minimum setback of 328 feet is maintained
between the facilities of the livestock operation and the Souris River. Any
proposal involving the expansion or enlargement of a livestock operation as
described herein within 1,000 feet of the ordinary high water mark of the Souris
River consisting of 101 or more animal units (cumulative across species)
shall be deemed to be a conditional use, and shall be required to maintain a
minimum setback of 328 feet between the facilities of the livestock operation and
the Souris River and shall be developed in accordance with requirements of The
Planning Act and all other provisions of this by-law including the provisions of
49
PART 7, Sections 7.21 to 7.27 of this by-law which deals with applications for
conditional uses, variances and development agreements.
5.2.5 The minimum separation distance requirements set out in Table 5-2 of this
PART (below) shall apply to newly siting or expanding livestock operations or
any part thereof (including a feedlot, animal housing facility, or manure storage
facility) in relation to the property lines of a given livestock operation. Where an
existing feedlot or animal housing or manure storage facility does not satisfy the
minimum setback requirements of Table 5-2 of this PART, it may be expanded
or enlarged through a variation order, provided said expansion or enlargement
substantially occurs in a direction away from the property boundary and complies
with all other provisions of this by-law.
TABLE 5-2: "AG" AGRICULTURAL GENERAL
ZONE - MINIMUM SETBACK DISTANCES FROM
PROPERTY LINES
Type of Livestock Facility
Minimum Setback Distance from any
Property Boundary in Feet
Feedlots, seasonal feeding areas and
manure storage facilities
328
Barns
and
other
similar
animal
housing facilities
164
Grazing Areas
0
NOTE: Where a parcel of land containing a "livestock operation" as defined in PART 9 of this
By-law is being subdivided, all newly created parcels shall be of such a size and configuration
so as to maintain a minimum 100 meter (328 feet) separation between any existing or
proposed livestock confinement areas and manure storage facilities and all newly created
property lines.
5.2.6 The minimum separation distance requirements of Tables 5-3 and Table 5-4 of
PART 5 (below) shall mutually apply to the establishment or expansion of any
livestock operation or any part thereof (including a feedlot, animal housing
facility, and/or manure storage facility) and any newly siting or expanding non-
farm dwelling (excluding residences located on the same site and associated
with a livestock operation) and/or any designated area in the "AG" -
Agricultural General Zone.
50
TABLE 5-3: "AG" AGRICULTURAL GENERAL
ZONE - MINIMUM SEPARATION DISTANCE
REQUIREMENTS FROM A SINGLE RESIDENCE
Size of
Livestock
Operation
In Animal Units
(AU)
Minimum Separation Distance
from Single Residence (a) (feet)
To a Feedlot and/or
an Earthen Manure
Storage Facility
To an Animal
Housing Facility (including
seasonal feeding areas)
and/or Non-Earthen Manure
Storage Facility
10 to 100
984
492
101 to 200
1,476
738
201 to 300
1,968
984
301 to 400
2,214
1,107
401 to 800
2,460
1,230
801 to 1,600
2,952
1,476
1,601 to 3,200
3,446
1,722
3,201 to 6,400
3,938
1,968
6,401 to 12,800
4,430
2,214
Over 12,801
4,922
2,460
(a)
Does not include any residence associated with and located on the same site as the
livestock facility.
51
TABLE 5-4: "AG" AGRICULTURAL GENERAL
ZONE - MINIMUM SEPARATION DISTANCE
REQUIREMENTS FROM A DESIGNATED AREA
Size of
Livestock
Operation
In Animal Units
(AU)
Minimum Separation Distance from Designated
Areas (a) (feet)
To a Feedlot
and/or
an Earthen Manure
Storage Facility
To an Animal Housing
Facility (including seasonal
feeding areas) and/or Non-
Earthen Manure Storage
Facility
10 to 100
3,938
2,609
101 to 200
5,906
3,938
201 to 300
7,874
5,267
301 to 400
8,859
5,906
401 to 800
9,842
6,546
801 to 1,600
11,811
7,874
1,601 to 3,200
13,779
9,203
3,201 to 6,400
15,749
10,482
6,401 to 12,800
17,717
11,811
Over 12,801
19,685
13,140
(a) "Designated Area" means the community of Hartney and any area that is designated as a
"GD" - General Development Area, "SRD" Seasonal Recreation Development Area and/or
"RR" Rural Residential Area in the Dennis County Planning District Development Plan, as
amended.
5.3
LIVESTOCK OPERATIONS IN THE "'AML"' AGRICULTURAL MODERATELY
LIMITED ZONE
In addition to satisfying the requirements of PART 4 and PART 5, Section 5.1 of
this by-law which identify general requirements applicable to livestock operations in
all agricultural zone(s) in Grassland Municipality, the following additional
requirements shall apply to newly siting or expanding livestock operations located in
areas which are zoned "AML" Agricultural Moderately Limited Zone as identified
on Zoning Map 1 of this By-law.
5.3.1 Subject to Section 5.3.4 of this PART (below), a proposal to establish or
expand a livestock operation or any part thereof (including a feedlot, animal
housing facility or manure storage facility) with a capacity between 10 to 150
Animal Units (cumulative across species) shall be allowed as a permitted
use providing it is developed in conformance with the requirements of The
Planning Act and all of the other provisions of this By-law.
52
5.3.2 Subject to Section 5.3.4 of this PART (below), a proposal to establish or
expand a livestock operation or any part thereof (including a feedlot, animal
housing facility or manure storage facility) with a capacity of 151 Animal Units
or more (cumulative across species) shall be deemed to be a conditional use
and shall be developed in accordance with requirements of The Planning Act and
all other provisions of this by-law including the provisions of PART 7, Sections
7.21 to 7.27 of this by-law which deals with applications for conditional uses,
variances and development agreements.
5.3.3 No newly siting livestock operation or part thereof (including a feedlot, animal
housing or manure storage facility) shall be established or expanded:
(a)
within a distance of 328 feet of the ordinary high water mark of any
surface watercourse, sinkhole, spring or well which extends beyond the
boundaries of the operation; nor,
(b)
within 1,000 feet of the ordinary high water mark of the Souris River.
5.3.4 Existing livestock operations or any part thereof (including a feedlot or high
density seasonal feeding area, animal housing or manure storage facility) located
within 1,000 feet of the ordinary high water mark of the Souris River may be
expanded to a maximum of 100 animal units (cumulative across species) as
a permitted use, provided that a minimum setback of 328 feet is maintained
between the facilities of the livestock operation and the Souris River. Any
proposal involving the expansion or enlargement of a livestock operation as
described herein within 1,000 feet of the ordinary high water mark of the Souris
River consisting of 101 or more animal units (cumulative across species)
shall be deemed to be a conditional use, and shall be required to maintain a
minimum setback of 328 feet between the facilities of the livestock operation and
the Souris River and shall be developed in accordance with requirements of The
Planning Act and all other provisions of this by-law including the provisions of
PART 7, Sections 7.21 to 7.27 herein which deals with applications for
conditional uses, variances and development agreements.
5.3.5 The minimum separation distance requirements set out in Table 5-5 of this
PART (below) shall apply to newly siting or expanding livestock operations or
any part thereof (including a feedlot, animal housing facility, or manure storage
facility) in relation to the property lines of a given livestock operation. Where an
existing feedlot or animal housing or manure storage facility does not comply with
the setback requirements of Table 5-5 of this PART, it may be expanded or
enlarged through a variation order, provided said expansion or enlargement
substantially occurs in a direction away from the property boundary and complies
with other all provisions of this by-law.
53
5.3.6 The minimum separation distance requirements of Tables 5-6: and Table 5-7 of
PART 5 (below) shall mutually apply to the establishment or expansion of any
livestock operation or part thereof (including a feedlot, animal housing facility,
and/or manure storage facility) and any newly siting or expanding non-farm
dwelling (excluding residences located on the same site and associated with a
livestock operation) and/or any designated area in the "AML" - Agricultural
Moderately Limited Zone.
TABLE 5-5: "AML" AGRICULTURAL
MODERATELY LIMITED ZONE - MINIMUM
SETBACK DISTANCES FROM PROPERTY LINES
Type of Livestock Facility
Minimum Setback Distance from any
Property Boundary in Feet
Feedlots, seasonal feeding areas and
manure storage facilities
328
Barns
and
other
similar
animal
housing facilities
164
Grazing Areas
0
NOTE: Where a parcel of land containing a "livestock operation" as defined in PART 9 of this
By-law is being subdivided, all newly created parcels shall be of such a size and configuration
so as to maintain a minimum 100 meter (328 feet) separation between any existing or
proposed livestock confinement areas and manure storage facilities and all newly created
property lines.
54
TABLE 5-6: "AML" AGRICULTURAL
MODERATELY LIMITED ZONE - MINIMUM
SEPARATION DISTANCE REQUIREMENTS FROM
A SINGLE RESIDENCE
Size of
Livestock
Operation
In Animal Units
(AU)
Minimum Separation Distance
from Single Residence (a) (feet)
To a Feedlot and/or
an Earthen Manure
Storage Facility
To an Animal
Housing Facility(including
seasonal feeding areas) and/or
Non-Earthen Manure Storage
Facility
10 to 100
984
492
101 to 200
1,476
738
201 to 300
1,968
984
301 to 400
2,214
1,107
401 to 800
2,460
1,230
801 to 1,600
2,952
1,476
1,601 to 3,200
3,446
1,722
3,201 to 6,400
3,938
1,968
6,401 to 12,800
4,430
2,214
Over 12,801
4,922
2,460
(a)
Does not include any residence associated with and located on the same site as the
livestock facility.
55
TABLE 5-7: "AML" AGRICULTURAL
MODERATELY LIMITED ZONE - MINIMUM
SEPARATION DISTANCE REQUIREMENTS FROM
A DESIGNATED AREA
Size of
Livestock
Operation
In Animal Units
(AU)
Minimum Separation Distance from Designated Areas
(a) (feet)
To a Feedlot
and/or
an Earthen Manure
Storage Facility
To an Animal Housing Facility
(including seasonal feeding
areas) and/or Non-Earthen
Manure Storage Facility
10 to 100
3,938
2,609
101 to 200
5,906
3,938
201 to 300
7,874
5,267
301 to 400
8,859
5,906
401 to 800
9,842
6,546
801 to 1,600
11,811
7,874
1,601 to 3,200
13,779
9,203
3,201 to 6,400
15,749
10,482
6,401 to 12,800
17,717
11,811
Over 12,801
19,685
13,140
(a)
"Designated Area" means the community of Hartney and any area that is designated as
a "GD" - General Development Area, "SRD" Seasonal Recreation Development Area
and/or "RR" Rural Residential Area in the Dennis County Planning District Development
Plan, as amended.
5.4
LIVESTOCK OPERATIONS IN THE 'AL' AGRICULTURAL LIMITED ZONE
In addition to satisfying the requirements of PART 4 and PART 5, Section 5.1 of this
by-law which identify general requirements applicable to livestock operations in all
agricultural zone(s) in Grassland Municipality, the following additional requirements
shall apply to newly siting or expanding livestock operations located in areas which are
zoned "AL" Agricultural Limited Zone as identified on Zoning Map 1 of this By-law.
5.4.1 A proposal to establish or expand a livestock operation or any part thereof
(including a feedlot, animal housing facility or manure storage facility) with a
capacity between 10 to 75 Animal Units (cumulative across species) shall be
allowed as a permitted use providing it is developed in conformance with the
requirements of The Planning Act and all of the other provisions of this By-law.
56
5.4.2 A proposal to establish or expand a livestock operation or any part thereof
(including a feedlot, animal housing facility or manure storage facility) with a
capacity of 76 Animal Units or more (cumulative across species) shall be
deemed to be a conditional use and shall be developed in accordance with
requirements of The Planning Act and all other provisions of this by-law including
the provisions of PART 7, Sections 7.21 to 7.27 of this by-law which deals with
applications for conditional uses, variances and development agreements.
5.4.3 No newly siting livestock operation or part thereof (including a feedlot, animal
housing or manure storage facility) shall be established or expanded:
(a)
within a distance of 328 feet of the ordinary high water mark of any
surface watercourse, sinkhole, spring or well which extends beyond the
boundaries of the operation; nor,
(b)
within 1,000 feet of the ordinary high water mark of the Souris River.
5.4.4 The minimum separation distance requirements set out in Table 5-8 of this
PART (below) shall apply to newly siting or expanding livestock operations or
any part thereof (including a feedlot, animal housing facility, or manure storage
facility) in relation to the property lines of a given livestock operation. Where an
existing feedlot or animal housing or manure storage facility does not comply with
the setback requirements of PART 5, Table 5-8 herein, it may be expanded or
enlarged through a variation order, provided said expansion or enlargement
substantially occurs in a direction away from the property boundary and complies
with other all provisions of this by-law.
5.4.5 The minimum separation distance requirements of Tables 5-9: and Table 5-10
of this PART (below) shall mutually apply to the establishment or expansion of
any livestock operation or part thereof (including a feedlot, animal housing
facility, and/or manure storage facility) and any newly siting or expanding non-
farm residence (excluding residences located on the same site and associated
with a livestock operation) and/or any designated area in the "AL" -
Agricultural Limited Zone.
57
TABLE 5-8: "AL" AGRICULTURAL MODERATELY
LIMITED ZONE - MINIMUM SETBACK
DISTANCES FROM PROPERTY LINES
Type of Livestock Facility
Minimum Setback Distance from any
Property Boundary in Feet
Feedlots, seasonal feeding areas and
manure storage facilities
328
Barns
and
other
similar
animal
housing facilities
164
Grazing areas
0
NOTE: Where a parcel of land containing a "livestock operation" as defined in PART 9 of this
By-law is being subdivided, all newly created parcels shall be of such a size and configuration
so as to maintain a minimum 100 meter (328 feet) separation between any existing or
proposed livestock confinement areas and manure storage facilities and all newly created
property lines.
TABLE 5-9: "AL" AGRICULTURAL LIMITED ZONE
- MINIMUM SEPARATION DISTANCE
REQUIREMENTS FROM A SINGLE RESIDENCE
Size of
Livestock
Operation
In Animal Units
(AU)
Minimum Separation Distance
from Single Residence (a) (feet)
To a Feedlot and/or
an Earthen Manure
Storage Facility
To an Animal
Housing Facility (including
seasonal feeding areas)
and/or Non-Earthen Manure
Storage Facility
10 to 100
984
492
101 to 200
1,476
738
201 to 300
1,968
984
301 to 400
2,214
1,107
401 to 800
2,460
1,230
801 to 1,600
2,952
1,476
1,601 to 3,200
3,446
1,722
3,201 to 6,400
3,938
1,968
6,401 to 12,800
4,430
2,214
Over 12,801
4,922
2,460
(a)
Does not include any residence associated with and located on the same site as the
livestock facility.
58
TABLE 5-10: "AL" AGRICULTURAL LIMITED
ZONE - MINIMUM SEPARATION DISTANCE
REQUIREMENTS FROM A DESIGNATED AREA
Size of
Livestock
Operation
In Animal Units
(AU)
Minimum Separation Distance from Designated
Areas (a) (feet)
To a Feedlot
and/or
an Earthen Manure
Storage Facility
To an Animal Housing
Facility (including seasonal
feeding areas) and/or Non-
Earthen Manure Storage
Facility
10 to 100
3,938
2,609
101 to 200
5,906
3,938
201 to 300
7,874
5,267
301 to 400
8,859
5,906
401 to 800
9,842
6,546
801 to 1,600
11,811
7,874
1,601 to 3,200
13,779
9,203
3,201 to 6,400
15,749
10,482
6,401 to 12,800
17,717
11,811
Over 12,801
19,685
13,140
(a)
"Designated Area" means the Town of Hartney and any area that is designated as a
"GD" - General Development Area, "SRD" Seasonal Recreation Development Area
and/or "RR" Rural Residential Area in the Dennis County Planning District Development
Plan, as amended.
5.5
AGRICULTURAL IRRIGATION OPERATIONS
5.5.1 The establishment of agricultural irrigation operations shall be deemed to be a
conditional use where the proposed location is in a groundwater sensitivity area
as indicated on Zoning Map 1.
5.5.2 A proposal to establish an agricultural irrigation operation as a conditional use
shall identify the following:
(a)
the specific location of the irrigation source;
(b)
the location of all fields to be irrigated from the source;
(c)
estimated daily water consumption.
5.5.3 In considering a proposal to establish an agricultural irrigation operation as a
conditional use, Council may require information to be supplied by the owner and
may specify conditions of approval with regard to the following matters:
59
(a)
an engineering and hydro-geological assessment of soils, surface
and groundwater site features and capacity to sustain use;
(b)
a description of mitigative measures, as may be appropriate, to be
undertaken to minimize the risk of soil and groundwater pollution;
(c)
the regular monitoring of soil and groundwater conditions on
irrigated fields; and
(d)
evidence that the proponent has obtained all necessary permits,
approvals and licenses required by the provincial authorities having
jurisdiction prior to the commencement of development.
5.6
SPECIAL LIMITATIONS GOVERNING DEVELOPMENT OF BUILDINGS AND
STRUCTURES INCLUDING DWELLINGS AND FARM BUILDINGS
5.6.1 No dwelling or mobile home or other habitable building shall be constructed or
located within 1,500 feet of any municipal sewage lagoon or solid waste disposal
site.
5.6.2 No dwelling or mobile home or other habitable building shall be constructed or
located within 1,320 feet of an anhydrous ammonia storage tank or an
agricultural bulk chemical supply facility.
5.6.3 No building, dwelling, mobile home or farm building or structure shall be located
within 100 feet of the edge of the right-of-way of any pipeline regulated by The
National Energy Board, unless specific approval has been granted by the
National Energy Board.
5.6.4 No building, dwelling, mobile home or farm building or structure shall be located
within 100 feet of the edge of the right-of-way of any railway, unless the structure
is required for railway operations, or requires railway service.
5.6.5 No building, dwelling, mobile home or farm building or structure shall be
constructed or located within an area which has been designated as a high or
medium quality aggregate area by the Mines Branch, unless the site has been
further reviewed by that Branch and a recommendation provided which would
allow development to proceed. Where the proposed building is a dwelling or
mobile home, a separation distance of 500 feet shall be provided between the
building location and any active mining area.
5.6.6 Any proposal to establish any dwelling, mobile home or other habitable structure
within a distance of one half mile of an existing oil field battery facility shall be
deemed to be a conditional use, and shall be subject to the approval of Council.
60
5.6.7 Any proposal to establish any building, structure, mobile home or farm building or
structure which exceeds a building height of 10 feet, or to establish a shelterbelt
or similar obstruction within the flight approaches of any aircraft landing area for
a distance of 1 mile, shall be deemed to be a conditional use, and shall be
subject to the approval of Council.
5.7
HAZARDOUS AND DANGEROUS MATERIALS STORAGE
5.7.1 No new hazardous or dangerous material storage including but not limited to
agricultural chemical supply warehouses, inland grain terminals, bulk fuel or
fertilizer storage facilities, and anhydrous ammonia storage facilities shall be
located within:
(a)
1,320 feet of a building used for human occupation;
(b)
1/2 mile of a "GD" General Development Zone, "RR" Rural Residential
Zone, "SR" Seasonal Recreation Zone or the community of Hartney;
(c)
330 feet of a municipal road or provincial highway.
5.7.2 Expansion of any existing facility which is located within the separation distances
described in Section 5.7.1 of this PART shall be deemed to be a conditional
use, and shall be subject to the approval of Council in accordance with
requirements of The Planning Act and all other provisions of this by-law including
the provisions of PART 7, Sections 7.21 to 7.27 herein which deals with
applications for conditional uses and variances.
5.8
HOME-BASED BUSINESSES
5.8.1 Home-based businesses are governed by the following rules:
(a)
they shall be conducted by a person or persons residing in the dwelling;
(b)
persons employed or otherwise engaged on the same site as the
business, who do not reside in the dwelling may not exceed:
i.
five (5) persons in the "AG", AML" or "AL" zones, and
ii.
two (2) persons in the "GD" and "UR" zones;
iii.
Within areas which are zoned as "AUR" Agricultural Urban
Reserve, the keeping of livestock are permitted in accordance with
the following requirements:
61
1.
The only type of livestock that will be permitted is horses;
2.
Each mature animal shall have access to a minimum of 2.5
acres of land for use; and
3.
The maximum number of animals allowed on each parcel of
land is 3 mature horses, and their offspring to a maximum
age of 4 months.
(c)
Home-based businesses in the "UN" Urban Non-Residential Zone shall
be prohibited.
(d)
in all zones where home-based businesses may be developed, except the
"AG", "AML" and "AL" zones, there can be no processing or outside
storage of goods or materials, and in the "AG", "AML" and "AL" zones,
the location of all exterior processing and storage shall be subject to
Council approval;
(e)
not more than 1,000 square feet of floor area may be devoted to the
business in the "GD" General Development Zone and "UR" Urban
Residential Zone, and 3,000 square feet in the "AG", "AML" and "AL"
zones;
(f)
in the "UR" Urban Residential Zone, exterior storage or processing
operations shall be dealt with as a conditional use.
(g)
one business sign, either freestanding or affixed to the wall of a principal
or accessory building, is permitted, not exceeding
(i)
in the "AG", AML and "AL" Zones, 32 square feet;
(ii)
in the "GD" General Development Zone and UR" Urban
Residential Zone, 32 square feet in any location other than the
required front yard, and 10 square feet in the required front yard;
(h)
they shall not generate undue traffic or congestion, adversely affect the
amenity and convenience of the neighbourhood, or create a nuisance; or if
located in the vicinity of a provincial highway, should not impair the safe
and efficient operation of the highway; and
(i)
in the "GD" General Development Zone and "UR" Urban Residential
Zone, the residential character of the property shall be maintained.
(j)
Home based business proposals within 1,000 feet of P.T.H. No. 21 shall
be
subject
to
review
by
Manitoba
Infrastructure.
62
PART 6: MISCELLANEOUS REGULATIONS
Land Subject to Flooding
6.1
No buildings or structures, except for barbed wire fences, shall be constructed or
placed in the vicinity of creeks or streams which are subject to flooding by a one
hundred year flood, unless the owner provides sufficient information prepared by a
qualified consultant, which in the opinion of Council, is sufficient to demonstrate
compliance with the provisions of the Dennis County Planning District Development
Plan.
6.2
Where development is proposed on a site which is known to the Development
Officer to be subject to ponding due to snowmelt or heavy rainfall events, the owner
must provide additional measures, including sufficient fill around the building, which
in the opinion of Council are necessary to provide a measure of protection from
flood damage.
6.3
No permanent building shall be constructed or placed on land, which is subject to
subsidence or erosion by water or is marshy or unstable, or is otherwise unsuitable
or hazardous by virtue of its soil or topography, unless it is demonstrated to the
satisfaction of Council that proper measures will be taken to deal with the
unsuitability or hazard.
High Water Table Areas
6.4
Where development is proposed on a site which is known to the Development
Officer to be subject to a high groundwater table, including sites within the
groundwater sensitivity areas shaded grey on Map 1, 2 and 4, the owner must
include measures in the design of the building which in the opinion of Council are
adequate to protect basements from groundwater infiltration.
Site Reduced by Road Widening
6.5
Where the site area or site width of a parcel of land has been reduced as a result of
land acquired for the establishment or widening of a public road or drain, or for any
other public work, the land which has been acquired shall be deemed to part of the
site for purposes of determining compliance with the minimum site area and site
width requirements and required yards for existing buildings as specified by this By-
law. However, where new buildings or structures are proposed, the required yards
shall be determined by the location of actual site boundaries.
63
Building Removal
6.6
Upon completion of removal or demolition of a building from a site, any excavation
shall be filled, the ground shall be levelled and the site shall be put in a safe
condition to the satisfaction of the Development Officer. In the "GD" General
Development Zone, "SR" Seasonal Recreation Zone, "UR" Urban Residential
Zone and "UN" Urban Non-Residential Zone the Council may require that the
former foundation be removed to provide suitable conditions for the construction of
a new building.
Road Access
6.7
No permanent building may be constructed or placed on a site, which does not
have legal access to an improved public road.
Service Connections
6.8
Where a site is served by municipal piped sewer or water, no permanent principal
building shall be constructed or placed unless it is connected to such services.
Public Monuments and Cairns
6.9
Nothing in this by-law shall be so interpreted as to interfere with the establishment
of public monuments and cairns, provided that such structures do not create a
hazard for nearby roadways or development, in the opinion of Council.
Signs
6.10
No sign or sign structure shall be erected at any location where it may interfere
with, obstruct the view of, or be confused with any authorized traffic sign or obstruct
the view of any highway or street intersection or railroad crossing, and every sign
shall conform with the requirements of the Provincial highway authority when
located within the highway control areas adjacent to Provincial Trunk Highways and
Provincial Roads.
6.11
All signs and their support structures shall be kept in good repair. Signs, which
have become obsolete because of the discontinuance of the business service and
have not been removed or relocated within 30 days following such condition may
be removed by the Municipality at the owner's expense.
64
Temporary Buildings & Uses
6.12
Temporary buildings, structures and uses of land are permitted on a site in
connection with construction and development on that or a nearby site, subject to
the issuance of a development permit and only for the following purposes:
(a)
offices for the contractor or developer or project supervisor;
(b)
accommodation for a caretaker;
(c)
storage of materials and equipment.
(d)
temporary accommodations, field offices and temporary concrete or
asphalt plants involved with road construction projects, provided that a
minimum separation distance of 1,320 feet is provided between an asphalt
or concrete plant and the nearest habitable building
(e)
Temporary oil and gas work camps shall be permitted on sites only in the
"AG" Agricultural General Zone, including living, cooking and eating,
sleeping and parking facilities consisting of individual or communal
dwelling units for oil and gas workers subject to satisfying all of the
following requirements:
a. The municipality makes arrangements for the disposal of all solid
and liquid wastes generated by the temporary oil and gas work
camp;
b. The proponent obtains all permits, approvals and/or licenses as
may be required from the provincial authorities having jurisdiction in
respect of matters such as but not necessarily limited to sourcing
an adequate quality and quantity of potable water and the disposal
of all wastewater generated by the development;
c. All newly siting or expanding temporary oil and gas work camps
shall be setback a minimum of 1,320 feet from the nearest
unrelated habitable building;
d. Notwithstanding PART 6, section 6.13 of this by-law (below), a
temporary oil and gas work camp may be authorized through the
issuance of a Building Permit and a Development Permit for an
initial period of up to two years and may thereafter be renewed for
not more than two successive one year periods.
6.13
A Development Permit for a temporary building or structure or use shall be valid
for 6 months and may not be renewed for more than 2 successive 6-month periods.
6.14
A wheelchair ramp may extend into the required yard of a residence for as long as
is required by an occupant of the residence, subject to the issuance of a
Development Permit.
65
PART 7: ADMINISTRATION
Administration and Enforcement
7.1
In the administration and enforcement of this by-law the municipality authorizes
and directs the Board of the Dennis County Planning District to proceed under
PART 8 of this By-law.
Development Permits
7.2
A Development Permit is required for any the following:
(a)
the erection, construction, enlargement, structural alteration or placing of a
building or structure, other than those described in Section 7.4 of this
PART;
(b)
the establishment of a use of land or a building or structure;
(c)
the change of a use of land or a building or structure;
(d)
the alteration or enlargement of an approved conditional use;
(e)
The construction, installation or expansion of any feedlot, manure storage
facility or animal housing facility, including board corrals, except for
livestock enclosures established by wire fencing with an animal unit
capacity up to 250 animal units (cumulative across species).
7.3
Every owner shall be required to obtain a Development Permit prior to the
commencement of development, including the commencement of construction or
relocation of any building or structure, except as provided herein. The issuance
of a development permit in respect of a building or structure does not affect the
obligation to obtain a Building Permit or other permit where they are required
under the building by-law for such a building or structure, nor does it relieve the
owner from the responsibility of obtaining any other permit or approval that may
be required by any other administrative body, including business licenses,
environmental approvals, highway access and structure location approval
(wherever necessary) and similar approvals.
7.4
A Development Permit is not required for the following:
(a)
the erection, construction, enlargement, structural alteration or placing of
any accessory agricultural building less than 1,000 sq. ft. in floor area;
(b)
the erection, construction, enlargement, structural alteration or placing of
the following as accessory structures:
(i)
fences,
(ii)
signs (not including advertising signs where they are conditional
uses),
(iii)
lighting,
(iv)
flagpoles,
66
(v)
sheds and buildings for the storage of domestic equipment and
supplies, which are less than 100 square feet in floor area,
(vi)
private communications aerials or antennas,
(vii)
garden houses or children's playhouses,
(viii)
water supply wells and private sewage disposal systems,
(ix)
unenclosed patios and other landscaping features,
(x)
temporary signs and notices, including real estate signs;
(a)
The maintenance, replacement or restoration of building components and
finishes, provided that the size of the building or structure is not materially
increased, or the structural load carrying capacity of any component is not
reduced; and
(d)
Oil wells and related apparatus, excluding oil field battery facilities.
7.5
Despite not requiring a development permit, all things listed in Section 7.4 of
this PART shall be subject to the requirements of this By-law, and to the
requirements of any government department, including the highway control areas
adjacent to Provincial Trunk Highways and Provincial Roads.
7.6
An application for a Development Permit shall be made by the owner or owners
of the site in question, or by a person authorized in writing by them.
7.7
An application for a development permit shall be accompanied by plans drawn to
scale showing the following:
(a)
the shape and dimensions of the site to be used or built on;
(b)
the location and dimensions of existing buildings and structures;
(c)
the location and dimensions of the proposed building, structure,
enlargement or alteration, including separation distances from site
boundaries;
(d)
the use or uses of each existing and proposed building and structure, or of
the land, and the area to be occupied by each use; and
(e)
vehicular access and utility connections that may be required to service
the building;
(f)
An application for approval of a development permit and/or a conditional
use and/or variation order for a livestock operation or any part thereof
(including a feedlot, animal housing facility or manure storage facility) shall
be accompanied by a site plan showing the following information:
(i)
the size and location of all existing and/or proposed feedlots,
animal housing and/or manure storage facilities;
(ii)
distances to property boundaries from all existing and/or proposed
feedlots, animal housing and/or manure storage facilities;
67
(iii)
existing and/or proposed drainage and water supply features (such
as wells) in the vicinity of these facilities; and
(iv)
written information describing the type(s) and number of existing
and proposed livestock involved in the operation and estimated
distances to the nearest 2 dwellings to the facility, other than
dwellings associated with and located on the same site as the
livestock operation.
and shall include any other information required by the development officer to
determine compliance with, and to provide for enforcement of, this by-law.
7.8
An application for a Development Permit shall be accompanied by the fee
prescribed by the Board of the Dennis County Planning District.
7.9
Despite apparent compliance with this by-law, the Development Officer may
refuse to issue a Development Permit where the proposed building, structure or
use does not, to the development officer's knowledge, comply with the building
by-law or with any other law, subject to PART 8, Sections 8.6 and 8.7 of this By-
law.
7.10 No person shall use or occupy any land, building or structure, or erect, construct,
enlarge, alter or place any building or structure, except in accordance with an
approved Development Permit (where required), and with this By-law.
7.11 All proposed development shall be in accordance with the application and
drawings submitted to and approved by the development officer. No work shall
vary from the approved application and drawings without the prior written
authorization of the development officer, and the owner shall ensure that all
development is completed in accordance with the approved Development
Permit.
7.12 The Development Officer may revoke a Development Permit;
(a)
where any information accompanying the development application is
incorrect or incomplete and an existing or proposed building, structure or
use is thereafter found to be in contravention of this By-law, the building
by-law, or any other law; or
(b)
where the Development Permit was issued in error.
Development Officer
7.13 The Development Officer shall be the person appointed as such by the Board of
the Dennis County Planning District.
68
7.14 The Development Officer, on behalf of the member municipality, shall issue
Development Permits and otherwise administer and enforce the provisions of
this By-law and The Planning Act, where applicable.
7.15 The Development Officer shall exercise the powers of remedy and enforcement
set out in PART 8 herein.
7.16 The Development Officer is authorized to grant or refuse, in his or her discretion,
a minor variance not to exceed 10 percent of the minimum required yard
provisions.
Application for Amendment
7.17 An application for an amendment to this By-law, including a change to the maps,
shall be made to the development officer by the owner or owners of the land in
question, or by a person authorized in writing by them.
7.18 An application for amendment shall be accompanied by plans drawn to scale
showing the following:
(a)
the shape and dimensions of the land affected;
(b)
the location and dimensions of existing buildings and structures;
(c)
the location and dimensions of any proposed building, structure,
enlargement or alteration;
(d)
the use or uses of each existing and proposed building and structure, or of
the land, and the area to be occupied by each use;
and shall include any other information required by the Development Officer to
determine compliance with, and to provide for enforcement of this By-law.
7.19 An application for a zoning by-law amendment shall be accompanied by the fee
prescribed by Council.
7.20 Following such consultation, review and report (if any) as the Council deems
necessary, the application shall be submitted to Council, which shall decide
whether or not to start the procedures for enactment of a zoning amendment.
Applications for Variations and Conditional Uses
7.21 An application for a variance or approval of a conditional use shall be made to
the Development Officer by the owner or owners of the site, or by a person
authorized in writing by them.
69
7.22 An application for a variance an/or approval of a conditional use shall be
accompanied by the plans and information described in Section 7.7 of this
PART, and in the case of a livestock production operation or an agricultural
irrigation operation, by the information described in PART 5, Sections 5.5
and/or 5.8 of this By-law.
7.23 An application for a variance and/or a conditional use shall be accompanied by
the fee prescribed by Council.
7.24 Where an application for a variance and/or conditional use has been
submitted, a Public Hearing shall be held by Council, to receive representations
from any person with respect to the proposal, and notice of the Public Hearing
shall be given as required by The Planning Act.
7.25 On receipt of an application for a variance and/or approval of a conditional use
in proper form, the municipality may, prior to the Hearing date prescribed under
The Planning Act, refer the application to any government department or
authority for its review and comment.
7.26 Council shall either approve or deny the variance and/or conditional use, and
may establish conditions of approval appropriate to the circumstances, in
accordance with the provisions of The Planning Act.
7.27 Council may subsequently revoke any approved variance and/or conditional
use as a consequence of any violation of conditions specified at the time of
approval.
70
PART 8: ENFORCEMENT
Entry for Inspection and Other Purposes
8.1
The Development Officer may, after giving reasonable notice to the owner or
occupier of land or a building or other structure to be entered:
(a)
enter the land, building or structure at any reasonable time for the purpose
of inspection, enforcement and or action authorized by this By-law or The
Planning Act;
(b)
request that anything be produced to assist in inspection, remedy,
enforcement or authorized action; and
(c)
make copies of anything related to the inspection, remedy, enforcement or
authorized action.
8.2
The Development Officer must display or produce on request, identification
showing his or her official capacity.
8.3
In an emergency or in extraordinary circumstances, the Development Officer
need not give reasonable notice or enter at a reasonable time and may do the
things referred to in 8.1(a) and (c) without the consent of the owner or occupant.
Order to Remedy Contravention
8.4
If the Development Officer finds that a person is contravening this By-law or
The Planning Act, the development officer may by written order require the
person responsible for the contravention to remedy it if, in the opinion of the
development officer, the circumstances so require.
8.5
The order may:
(a)
direct a person to stop doing something, or to change the way in which the
person is doing it;
(b)
direct a person to take any action necessary to remedy the contravention,
including the removal or demolition of a building or structure, or portion
thereof, that has been constructed, erected or placed in contravention
and, if necessary to prevent a reoccurrence of the contravention;
(c)
state a time within which the person must comply with the directions; and
(d)
state that if the person does not comply with the directions within the time
stated, the municipality will take the action or measure at the expense of
the person.
71
Review by the Board
8.6
A person who receives an order under PART 8, Section 8.4 herein or who is
refused a Development Permit under PART 7, Section 7.9 of this By-law may
request the board of the Dennis County Planning District to review the matter, by
written notice given within 14 days after the date the Order under PART 8,
Section 8.4 or a decision under PART 7, Section 7.9 of this By-law is made.
8.7
After giving the person a reasonable opportunity to be heard, the Dennis County
Planning District Board may confirm, vary, substitute or cancel the Order or
decision.
72
PART 9: INTERPRETATION
Zoning Boundaries
9.1
The following rules of interpretation shall apply to the boundaries of the zoning
districts shown on the MAPS comprising Schedule "A" of this By-law:
(a)
boundaries indicated as approximately following municipal boundaries
shall be construed to follow such boundaries;
(b)
boundaries indicated as approximately following the centre-lines of
streets, lanes, highways, rivers, or railway or public utility lines or rights-of-
way shall be construed to follow such centre-lines;
(c)
boundaries indicated as approximately following site limits as shown on a
registered plan or by reference to the Dominion Government Survey shall
be construed to follow such site limits.
9.2
If a street, lane or government road allowance is lawfully closed, then the land
formerly comprising the street, lane or government road allowance shall be
included within the zone of the land, which surrounds it. If the said street lane or
government road allowance was a zone boundary between two or more different
zones, then the new zone boundary shall be the former centre-line of the closed
street, lane or government road allowance.
Groundwater Sensitivity Areas
9.3
The shaded areas on Appendix "A" Map 1, 2 and 4 of this By-law representing
groundwater sensitivity areas are derived from information provided by Manitoba
Sustainable Development, and are believed to be reasonably accurate. Where
there is some question as to whether or not a specific proposal is located in an
area which is considered to be a groundwater sensitivity area, the provisions of
this By-law related to groundwater sensitivity may be disregarded only if the
owner can provide sufficient information, obtained through on-site investigations
including test drilling, which indicates that groundwater sensitivity conditions do
not exist at the specific location.
Permitted Uses
9.4
Where a use appears in the Use and Bulk Tables as a Permitted Use, it shall
not be construed to include any use which appears as a Conditional Use in the
same zoning district.
73
Definitions
9.5
Terms not defined in this By-law which are defined in The Planning Act, have the
meaning provided in that Act.
9.6
Where the following terms appear in this By-law they have the meaning provided
as follows:
accessory - where used to describe a use, building or structure, means that the
use, building or structure is naturally and normally incidental, subordinate in
purpose or area, or both, and exclusively devoted to the use, building or structure
to which it is accessory, but a use shown as a conditional use in the Use and
Bulk Tables cannot be accessory to a use shown as a permitted use for the
same zoning designation. Where an accessory building or structure is attached
to a principal building or structure by means of a foundation, wall or roof, it shall
be deemed to part of the principal building or structure.
advertising sign - means a sign directing attention to a business, commodity,
service, entertainment or other matter, not conducted, sold, offered or carried out
on the same site (or on an adjacent site under the same ownership) where the
sign is maintained.
aircraft landing area - includes all open spaces, buildings and structures used
in connection with the landing or take-off of aircraft.
animal housing facility - means a barn or an outdoor, non-grazing area where
livestock are confined by fences or other structures, and includes seasonal
feeding areas, but does not include feedlots or grazing areas.
animal unit - means the number of animals of a particular category of livestock
that will excrete 73 kilograms of total nitrogen in a 12 month period as defined in
the Livestock Manure and Mortalities Management Regulation - Manitoba Reg.
42/98, as amended.
building - has the meaning provided in The Planning Act, except that it does
not include a well, pipeline, excavation, cut, fill or transmission line.
building, height of - means the vertical distance measured from grade to the
highest point of the roof surface of a flat roof, to the deck of a mansard roof, and
to the average height level between eaves and ridge for a gable, hip or gambrel
roof.
bulk - means the size of buildings or structures (based on floor area and
height), the site area and site width upon which a use, building or structure is
located, the location of exterior walls of a building in relation to site lines, and all
open spaces required along site lines;
74
club - refers to a building owned or leased by a non-profit corporation or
association, the use of which is restricted to members and their guests.
communal farm dwelling - means a residence in connection with a farm
operation carried out on the same or an adjacent site by a religious colony or
other association by or on behalf of the occupants of the residence, and includes
all associated cooking, eating, living, sleeping and sanitary facilities.
drive-through facility - means a facility designed to provide goods or services
to the persons in standing (as opposed to parked) motor vehicles, including but
not limited to a drive-through restaurant or bank.
dwelling, multiple-family - means a building containing three or more dwelling
units, with each unit designed for and used by one family, with each family
having exclusive occupancy of a dwelling unit.
dwelling, non-farm - means a single family dwelling, mobile or modular home
on a site used for residential purposes, regardless of the owner's occupation, and
found in the "AG" Agricultural General Zone, "AML" Agricultural Moderately
Limited Zone or the "AL" Agricultural Limited Zone.
dwelling, single-family - means a detached building designed for and used by
only one family.
dwelling, two-family - means a detached or semi-detached building designed
for and used by 2 families, with each family having exclusive occupancy of a
dwelling unit.
dwelling unit - means one or more rooms used or intended to be used as a
single housekeeping unit with cooking, sleeping and sanitary facilities.
family - means one or more persons related by blood, adoption, marriage or
common-law marriage, or a group of no more than five unrelated persons living
together as a single housekeeping unit.
farm building - means any building or structure used primarily for agricultural
activities, but does not include a dwelling.
feedlot - means a fenced area where livestock, while located in a livestock
operation, are confined solely for the purpose of growing or finishing, and are
sustained by means other than grazing.
75
general agricultural activities - means a use of land for agricultural purposes,
including the production of cereal crops, forage crops, and special crops such as
oilseeds and legumes; and including accessory structures for storing or
processing the agricultural commodities produced on the owner's property; but
does not include the following:
(a)
livestock operations;
(b)
storage or processing of agricultural products for the general public in
return for remuneration, or
(c)
sales or servicing for remuneration of agricultural equipment or agricultural
buildings.
grazing area - means lands used for pasture or crop production on which
livestock may be kept year-round or seasonally, and are fed primarily by direct
consumption of plant material grown on the area, and where manure produced
by those livestock does not accumulate such that mechanical removal is
required.
hundred-year flood - means a flood that can be expected to occur, on
average, once in 100 years, or specifically a flood that has a one percent chance
of being equalled or exceeded in any year.
kennel - means premises upon which more than 5 dogs or 10 cats, not
including animals less than 4 months of age, are boarded, bred, trained or cared
for in return for remuneration or are kept for the purpose of sale.
livestock operation - mean a permanent or semi-permanent facility or non-
grazing area where at least 10 animal units of livestock are kept or raised either
indoors or outdoors, and includes all associated manure collection facilities, but
does not include an auction mart, or publicly owned agricultural exhibition
ground.
manure storage facility types
a)
earthen manure storage facility means a structure built primarily from
earth, constructed by excavating or forming dikes, and used to retain
livestock manure;
b)
non-earthen manure storage facility means a structure, molehill, tank or
other facility not made out of earth for storing manure, and includes any
permanent equipment or structures in or by which manure is moved to or
from the storage facility, but does not include:
1)
a field storage site;
2)
a vehicle or other mobile equipment used to transport or dispose of
manure;
3)
a gutter or concrete storage pit used to store liquid or semi-solid
manure for less than 30 days;
76
4)
a collection basin;
5)
a composting site for manure or mortalities.
mobile home - means a portable dwelling unit which is designed or used for
residential occupancy, built upon or having a frame or chassis to which wheels
may be attached by which it may be moved upon a highway, whether or not such
structure actually has at any time such wheels attached, or is jacked up or skirted
and which conforms to the Buildings and Mobile Homes Act.
public utility - means a system furnishing water, sewage collection, electricity,
telecommunication services, gas or similar services to properties by means of
pipes, lines and other equipment located on or under public roads and other
rights-of-way.
residential care facility - means a building in which residential accommodation,
plus supervision, care or treatment, is provided by a person or persons employed
for that purpose.
seasonal feeding area - means an outdoor non-grazing area where livestock are
kept for the purpose of providing supplemental or total feed requirements on a
seasonal basis, and where manure builds up such that mechanical removal and
land application is required but does not include a feedlot.
site - means an area of land which:
(a)
is occupied or intended to be occupied by a principal use or by a use of a
building or group of buildings, together with accessory buildings and
structures as are provided for herein, along with required yards;
(b)
has frontage on a street which has a minimum right-of-way width of 50
feet, or has any lawful means of access satisfactory to Council, or as
otherwise provided for herein; and
(c)
is of sufficient size to provide for the minimum requirements of this By-law
for a permitted or conditional use in a zone where the use is located.
site area - means the computed area contained within the site lines.
site, corner - means a site situated at the intersection of 2 streets.
site depth - means the horizontal distance between the centre points in the
front and rear site lines.
site, interior - means a site other than a corner site.
77
SITE LINES
front site line - means:
(a)
the boundary of a site along a street or highway;
(b)
for a corner site, the narrowest frontage, or the continuation of the front
site line of the abutting interior site.
rear site line - means:
(a)
that boundary of a site, which is most nearly parallel to the front site line;
(b)
where the side site lines intersect, a line 10 feet in length within the site,
parallel to and at the maximum distance from the front site line.
side site line - means any boundary of a site, which is not a front or rear site
line.
Where it is not possible to determine site lines according to these definitions, the
development officer shall determine them.
site width - means the horizontal distance between the side site lines,
measured at right angles to the site depth at a point midway between the front
and rear site lines, or at 40 feet from the front site lines, whichever is less.
specialized agricultural activities - means agricultural activities such as
apiculture, floriculture, horticulture and activities of a like nature which do not
require large acreages of land, and which in the opinion of Council, provide a
major component of household income.
structure - means a thing constructed or erected with a fixed location on or
below the ground or attached to something with such a fixed location, and
includes but is not limited to buildings, walls, fences, signs, billboards, light
standards and antennas.
surface water - means any body of flowing or standing water, whether naturally
or artificially created, including, but not limited to a lake, river, creek, spring,
drainage ditch, roadside ditch, reservoir, swamp, wetland and marsh, including
ice on any of them, but not including a dugout or reservoir on the property of an
agricultural operation and/or livestock operation.
surface watercourse - means the channel in or bed on which surface water
flows or stands, whether continuously or intermittently, but does not include a
dugout reservoir, intermittent slough, drainage ditch or intermittent stream that is
completely surrounded by private land controlled by the owner or operator of an
agricultural operation and that has no outflow going beyond the private land.
78
use - means any purpose for which a building, structure or site may be
designed, arranged, intended, maintained or occupied; or any activity,
occupation, business, or operation carried on, or intended to be carried on, in a
building, structure or on a site.
wind energy generation station (WEGS) - means a site and facility that is
comprised of, but not limited to, one or more wind energy generation station
towers, and may include associated accessory operations and maintenance
buildings, research or meteorological towers, collector grids, roads and
substations that convert wind energy to electrical energy for use or sale by a
private commercial enterprise. It must have a collective nameplate rating of 0.75
megawatt or greater and be connected to the transmission or a local distribution
grid. Each Wind Energy Generation Station (WEGS) can be comprised of either
a leased or owned site.
yard - means an open area between the exterior wall of a building and the
boundaries of the site on which it is located.
yard, required - means the yard measured from a front, rear or side site line
towards the interior of the site within which no building or any part of a building or
structure may be located, except as provided in this By-law.
APPENDIX "A"
ZONING MAPS
Attached to
By-law No. 19-2016
of
GRASSLAND MUNICIPALITY
Map 1
Grassland Municipality
Map 2
Hartney
Map 3
Lauder
Map 4
Grande - Clairiere
Map 5
Elgin
Map 6
Minto
Map 7
Fairfax
6
1
36
31
6
1
36
31
36
31
6
1
6
1
36
31
Twp. 5
Twp. 6
Rge. 25W
Rge. 24W
Rge. 23W
Rge. 22W
6
1
36
31
6
1
36
31
36
31
6
1
6
1
36
31
6
1
36
31
6
1
36
31
36
31
6
1
6
1
36
31
36
31
6
1
6
1
36
31
Twp. 5
Twp. 6
Rge. 21W
Rge. 19W
Rge. 20W
See Map 2
See Map 4
See Map 3
See Map 6
See Map 5
AG
AG
SOURIS
RIVER
SOURIS
RIVER
Hartney
Grande-Clairiere
Lauder
Elgin
Minto
RURAL
MUNICIPALITY
OF
SIFTON
See Map 7
Fairfax
MUNICIPALITY
OF
MUNICIPALITY
BRENDA-WASKADA
MUNICIPALITY
DELORAINE-WINCHESTER
MUNICIPALITY
BOISSEVAIN-MORTON
RURAL MUNICIPALITY
PRAIRIE LAKES
OF
OF
MUNICIPALITY
SOURIS-GLENWOOD
OF
TWO-BORDERS
OF
OF
MUNICIPALITY
OF
OAKLAND - WAWANESA
AG
AG
254
541
254
345
448
444
22
21
21
23
23
10
23
10
Municipality Of Grassland
Legend:
Zones
Agricultural General Zone
Agricultural Moderately Limited Zone
Agricultural Limited Zone
Agricultural Urban Reserve Zone
General Development Zone
Heavy Industrial Zone
Urban Non-Residential Zone
Urban Residential Zone
Date: August, 2016
ZONING MAP 1
Grassland Municipal Boundary
Municipal Boundary
Groundwater Sensitivity Area
Wildlife Management Areas
0
4
8
2
Kilometers
0
2
4
Miles
Indigenous and Municipal Relations
Community & Regional Planning
±
Schedule "A"
By-Law No. 19-2016
AG
AML
AL
AUR
GD
IN
UN
UR
AML
AUR
AL
IN
SOURIS
RIVER
AL
AML
Hartney
AUR
AUR
UN
UR
UR
UN
UN
UR
11
12
7
8
9
10
1
3
1
5
7
1
18
1
8
9
17
1
2
3
4
5
1
10
1
2
4
5
9
13
1
10
1
4
7
8
9
15
1
2
3
4
1
2
1
1
3
A
Pt. B
Pt. F
5
9
10
15
1
E
1
2
1
2
PLAN
38847
PLAN
37090
PLAN
33849
PLAN
27355
PLAN
41007
1
14
13
12
11
10
15
16
13
12
15
16
17
3
1
2
3
1
2
2
1
4
5
6
7
8
9
6
7
8
9
PLAN
No.
33849
5
6
7
8
9
10
10
11
12
3
4
3
1
2
11
10
14
5
4
9
13
3
2
11
10
9
5
1
2
16
15
11
6
5
4
23
24
21
22
21
23
20
14
9
27
1
31
12
13
16
5
1
18
12
11
15
6
1
19
9
8
6
5
4
3
1
1
2
2
3
Pt. 5
4
2
5
4
2
1
3
10
15
13
12
6
4
3
2
3
19
23
1
1
2
12
7
8
9
13
5
18
1
4
2
1
10
9
8
11
11
9
8
10
7
16
20
1
10
11
18
15
11
9
5
1
1
10
6
4
3
2
5
2
1
17
2
6
3
4
4
12
1
1
3
14
5
1
2
1
18
PLAN
No.
35741
13
PLAN
No.
698
PLAN
No.
PLAN
No.
440
PLAN
No.
375
PLAN
No.
13
G
PLAN
No.
33849
1
2
4
5
6
7
PLAN
No.
790
1
1
2
2
2
PLAN
No.
26974
4
PLAN
27007
6
PLAN
No.
369
PLAN
31576
PLAN
No.
277
PLAN
32657
PLAN
32197
PLAN
No.
681
1
1
2
PLAN
No.
695
2
2
3
PLAN
No.
691
3
6
5
4
1
PLAN
No.
696
2
2
3
PLAN
No.
696
PLAN
No.
676
695
No.
Plan
7
8
9
10
11
14
8
Pt. 1
PLAN
No.
22819
9
PLAN
No.
691
7
PLAN
278
PLAN
No.
13
3
1
691
No.
No.
PLAN
691
PLAN
No.
697
PLAN
No.
697
5
PLAN
128
PLAN
No.
698
PLAN
No.
698
691
No.
PLAN
No.
No.
No.
278
19
PLAN
No.
691
22
PLAN
No.
695
PLAN
No.
695
2
2
Pt. 5
PLAN
681
PLAN
No.
13
ALLOWANCE
ROAD
GOVERNMENT
POPLAR
STREET
QUEEN
STREET
AIRDRIE
STREET
KING
STREET
FREDERICK
STREET
RIVER
AVENUE
RIVER
AVENUE
EAST
RAILWAY
STREET
SPENCER
STREET
JOSLYN
GARDEN
GARDEN
STREET
WEST
RAILWAY
STREET
SOURIS
STREET
MANSON
STREET
WEST
STREET
GOVERNMENT
PUBLIC
ROAD
CENTENNIAL
STREET
RAILWAY
EAST
STREET
BIRCH
STREET
ELM
STREET
MAPLE STREET
ALLOWANCE
ROAD
ROAD
NO.
1
STREET
PRINCESS
FARWELL
STREET
STREET
JOHN
GEORGE
STREET
ALLOWANCE
ROAD
GOVERNMENT
STREET
SPENCER
STREET
STREET
JOSLYN
STREET
QUEEN
STREET
1
PLAN
42893
ROAD
NO.
2
2
PLAN
45337
Parcel C
Parcel B
Parcel A
PLAN
47804
NW-9-6-23-W
SW-9-6-23-W
SE-9-6-23-W
NE-9-6-23-W
NW-8-6-23-W
SW-8-6-23-W
SE-8-6-23-W
NE-8-6-23-W
SE-7-6-23-W
NE-7-6-23-W
NW-23-6-23-W
SW-23-6-23-W
NW-22-6-23-W
SW-22-6-23-W
SE-22-6-23-W
NE-22-6-23-W
NW-21-6-23-W
SW-21-6-23-W
SE-21-6-23-W
NE-21-6-23-W
NW-20-6-23-W
SW-20-6-23-W
SE-20-6-23-W
NE-20-6-23-W
SE-19-6-23-W
NE-19-6-23-W
SE-18-6-23-W
NE-18-6-23-W
NW-17-6-23-W
SW-17-6-23-W
SE-17-6-23-W
NE-17-6-23-W
SW-16-6-23-W
SE-16-6-23-W
NW-15-6-23-W
SW-15-6-23-W
SE-15-6-23-W
NE-15-6-23-W
NW-14-6-23-W
NW-11-6-23-W
SW-11-6-23-W
NW-10-6-23-W
SW-10-6-23-W
SE-10-6-23-W
NE-10-6-23-W
541
21
21
Municipality Of
Grassland
Legend:
Zones
Agricultural General Zone
Agricultural Moderately Limited Zone
Agricultural Limited Zone
Agricultural Urban Reserve Zone
Heavy Industrial Zone
Urban Non-Residential Zone
Urban Residential Zone
Date: August, 2016
ZONING MAP 2
Indigenous and Municipal Relations
Community & Regional Planning
±
Schedule "A"
By-Law No. 19-2016
0
300
600
150
Meters
0
1,000
2,000
Feet
Groundwater Sensitivity Area
Wildlife Management Areas
AML
AL
AUR
IN
UN
UR
AG
Lauder
GD
AML
AML
PLAN
NO.
PLAN
NO.
7
MAIN
LORNE
DUFFERIN
ELGIN
STREET
STREET
STREET
STREET
7
1
2
3
STANLEY
AVENUE
309
PLAN
MINTO
AVENUE
6
6
PLAN
NO.
2519
AVA ST.
5
4
4
PLAN
NO.
2519
RAILWAY
AVENUE
PLAN
NO.
12
PLAN
30298
PLAN
NO.
2519
SE-18-5-24-W
NE-18-5-24-W
NW-17-5-24-W
SW-17-5-24-W
SE-17-5-24-W
NE-17-5-24-W
NW-16-5-24-W
SW-16-5-24-W
254
345
Municipality Of Grassland
Legend:
Zones
Agricultural General Zone
Agricultural Moderately Limited Zone
General Development Zone
Schedule "A"
By-Law No. 19-2016
0
200
400
100
Meters
0
500
1,000
Feet
ZONING MAP 3
Date: August, 2016
Indigenous and Municipal Relations
Community & Regional Planning
±
Lauder
AG
AML
GD
Grande-Clairiere
AML
GD
AML
PLAN
498
PLAN
460
PLAN
498
NO.
26903
PLAN
PLAN
NO.
PLAN
NO.
180
PLAN
NO.
180
118
PLAN
NO.
118
PLAN
NW-29-6-24-W
SW-29-6-24-W
NW-20-6-24-W
NW-30-6-24-W
SW-30-6-24-W
SE-30-6-24-W
NE-30-6-24-W
NW-19-6-24-W
NE-19-6-24-W
SE-25-6-25-W
NE-25-6-25-W
NE-24-6-25-W
254
254
Municipality Of Grassland
Schedule "A"
By-Law No. 19-2016
ZONING MAP 4
Date: August, 2016
Indigenous and Municipal Relations
Community & Regional Planning
±
Grande-Clairiere
0
200
400
100
Meters
0
500
1,000
Feet
Legend:
Zones
Agricultural General Zone
Agricultural Moderately Limited Zone
General Development Zone
Groundwater Sensitivity Area
Wildlife Management Areas
AG
AML
GD
Elgin
GD
AML
AML
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
2
3
4
5
6
7
7
1
2
3
4
5
6
8
8
1
2
3
4
5
6
7
9
10
1
2
3
4
5
1
2
3
4
1
2
2
1
3
4
5
6
7
8
8
7
7
7
7
7
6
6
6
6
6
5
5
5
5
5
8
8
8
8
1
1
1
1
1
2
2
2
2
2
3
4
4
3
3
3
4
4
11
11
11
11
12
12
12
12
13
13
13
13
14
14
14
14
15
15
15
15
16
16
17
17
17
17
16
16
18
18
18
18
19
19
19
19
20
20
20
21
21
21
21
22
22
22
22
23
23
24
24
24
24
20
23
23
25
25
26
26
27
27
28
28
29
29
30
30
31
31
1
1
1
1
1
1
2
2
2
2
2
2
3
3
3
3
3
3
4
4
4
4
4
4
5
5
5
5
5
5
6
6
6
6
6
6
7
7
7
7
7
7
8
8
8
8
8
8
9
9
9
9
9
10
10
10
10
10
9
3
4
1
2
3
4
5
6
7
8
11
10
9
1
2
3
4
5
6
7
8
9
1
1
1
1
1
1
2
2
2
2
2
2
3
3
3
3
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
6
5
4
3
2
1
B
A
7
8
9
10
11
12
13
14
15
16
17
N
P
E
F
G
G
G
SE-6-6-21-W
NE-6-6-21-W
NW-5-6-21-W
SW-5-6-21-W
NE-5-6-21-W
NW-4-6-21-W
SW-4-6-21-W
SE-4-6-21-W
NE-4-6-21-W
NW-33-5-21-W
NE-33-5-21-W
NW-32-5-21-W
NE-32-5-21-W
NE-31-5-21-W
448
22
23
Municipality Of Grassland
Legend:
Zones
Agricultural General Zone
Agricultural Moderately Limited Zone
General Development Zone
Schedule "A"
By-Law No. 19-2016
0
300
600
150
Meters
0
800
1,600
Feet
ZONING MAP 5
Date: August, 2016
Indigenous and Municipal Relations
Community & Regional Planning
±
Elgin
AG
AML
GD
Minto
GD
AML
AML
GD
PLAN
59451
NO.
1
3
4
5
6
7
8
9
10
11
12
13
15
PLAN
PLAN
NO.
237
PLAN
No.
298
PLAN No.
269
PLAN
672
PLAN
700
PLAN
743
PLAN
27893
24
No.
PLAN
22
PLAN
No.
PLAN
No.
PLAN
No.
42
42
No.
PLAN
541
STREET
ALEXANDER
AVENUE
STREET
STREET
JOHN
GRIEVE
BROADWAY
SCOTT
STREET
RAILWAY
AVENUE
CHURCH
STREET
SECOND
STREET
JOHNSON
STREET
WRIGHT
STREET
McPHILLIPS
STREET
SHEPPARD
STREET
SOUTH
STREET
RAILWAY
1
2
3
1
1
1
1
B
A
1
10
40
11
26
25
40
11
26
25
1
10
1
16
47
46
32
17
31
1
10
H
1
9
10
15
B
D
A
E
1
10
SW-30-5-19-W
SE-30-5-19-W
SW-29-5-19-W
NW-20-5-19-W
SW-20-5-19-W
NW-19-5-19-W
SW-19-5-19-W
SE-19-5-19-W
NE-19-5-19-W
NW-18-5-19-W
NE-18-5-19-W
NW-17-5-19-W
23
10
Municipality Of Grassland
Legend:
Zones
Agricultural General Zone
Agricultural Moderately Limited Zone
General Development Zone
Schedule "A"
By-Law No. 19-2016
ZONING MAP 6
Date: August, 2016
Indigenous and Municipal Relations
Community & Regional Planning
±
Minto
0
300
600
150
Meters
0
700
1,400
Feet
AG
AML
GD
GD
AML
Fairfax
PLAN
58480
PLAN
17
PLAN
306
NO.
NO.
PLAN
306
NO.
PLAN
17
NO.
PLAN
17
PLAN
281
PLAN
281
PLAN
281
PLAN
804
NW-33-5-20-W
SW-33-5-20-W
SE-33-5-20-W
NE-33-5-20-W
NW-32-5-20-W
SW-32-5-20-W
SE-32-5-20-W
NE-32-5-20-W
444
23
23
Municipality Of Grassland
Legend:
Zones
Agricultural General Zone
Agricultural Moderately Limited Zone
General Development Zone
Schedule "A"
By-Law No. 19-2016
0
200
400
100
Meters
0
500
1,000
Feet
ZONING MAP 7
Date: August, 2016
Indigenous and Municipal Relations
Community & Regional Planning
±
Fairfax
AG
AML
GD