Municipality of Harrison Park, Manitoba
· No. 1311
· summary & facts
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RURAL MUNICIPALITY
OF
PARK
ZONING BY-LAW
NO. 1311
THE RURAL MUNICIPALITY OF PARK BY-LAW NO. 1311
BEING a by-law of The Rural Municipality of Park to regulate the use and
development of land.
WHEREAS, Section 68 of The Planning Act provides that a municipal council must
adopt a zoning by-law that is generally consistent with the development plan by-law
and any secondary plan by-law in effect in the municipality;
AND WHEREAS, pursuant to the provisions of Section 45 of The Act, The Rural
Municipality of Park has, by by-law, adopted The Park Municipal Development
Plan;
NOW THEREFORE, the Council of The Rural Municipality of Park in meeting duly
assembled, enacts as follows:
1.
This by-law shall be known as the Rural Municipality of Park Zoning
By-law.
2.
The Zoning By-law attached hereto and marked as SCHEDULE "A" is
hereby adopted.
3.
The By-law No. 700 being a by-law of The Rural Municipality of Park to
adopt The Rural Municipality of Park Zoning By-law and all
amendments thereto are hereby repealed.
4.
This By-law shall take force and effect on the date of third reading.
DONE AND PASSED in Council duly assembled at The Rural Municipality of Park,
Manitoba this 10th day of June, 2013 A.D.
Reeve
Chief Administrative Officer
READ A FIRST TIME THIS
14th
day of
November
A.D. 2011
READ A SECOND TIME THIS
10th
day of
June
A.D. 2013
READ A THIRD TIME THIS
10th
day of
June
A.D. 2013
RURAL MUNICIPALITY
OF PARK
ZONING BY-LAW
BEING SCHEDULE "A"
TO
BY-LAW NO. 1311
OF
THE RURAL MUNICIPALITY
OF PARK
Prepared for:
THE RURAL MUNICIPALITY OF PARK
By:
Marvin R. Borgfjord
Planning Consultant
Dauphin, MB
In consultation with
Community Planning Services Branch
Of Local Government - Brandon Office
and
GENIVAR
November, 2011
RM of Park Zoning By-Law
i
TABLE OF CONTENTS
PART 1: SCOPE ....................................................................................................................................................... 1
PART 2: GENERAL REGULATIONS GOVERNING USES, BUILDINGS AND STRUCTURES ............................... 2
2.1
Regulation of Uses .................................................................................................................................... 2
2.2
Existing Uses, Buildings and Structures ................................................................................................. 2
2.3
Permitted Uses, Buildings and Structures .............................................................................................. 4
2.4
Conditional Uses ....................................................................................................................................... 4
2.5
Accessory Buildings, Structures and Uses ............................................................................................. 4
PART 3: GUIDE TO ZONES AND ZONING MAPS .................................................................................................. 5
3.1
Zones .......................................................................................................................................................... 5
3.2
Zoning Maps .............................................................................................................................................. 6
3.3
Interpretation of Zone Boundaries ........................................................................................................... 6
PART 4: GENERAL BULK REQUIREMENTS .......................................................................................................... 7
4.1
Application of Bulk Requirements ........................................................................................................... 7
4.2
Existing Substandard Parcels of Land .................................................................................................... 7
4.3
Open Space Along Rural Roadways ........................................................................................................ 7
4.4
Projections into Required Yards .............................................................................................................. 8
4.5
Separation of Principal Building and Any Other Building ...................................................................... 9
4.6
Unconventional Sites ................................................................................................................................ 9
4.7
Landlocked Sites ....................................................................................................................................... 9
PART 5: GENERAL REGULATIONS FOR ALL ZONES .......................................................................................... 10
5.1
Sensitive Lands, Flooding and Erosion ................................................................................................... 10
5.2
Land Gradients and Site Drainage ........................................................................................................... 11
5.3
Separation for Dwelling and Habitable Sites from Incompatible Uses .................................................. 11
5.4
High Water Table Areas ............................................................................................................................ 12
5.5
Site Reduced by Road Widening .............................................................................................................. 12
5.6
Building Removal ...................................................................................................................................... 12
5.7
Road Access .............................................................................................................................................. 13
5.8
Service Connections ................................................................................................................................. 13
5.9
Public Monuments and Cairns ................................................................................................................. 13
5.10
Signs .......................................................................................................................................................... 13
5.11
Temporary Buildings and Uses ................................................................................................................ 13
5.12
Road Allowances ....................................................................................................................................... 14
5.13
Basement Accommodations .................................................................................................................... 14
5.14
Noxious or Offensive Uses ....................................................................................................................... 14
5.15
Mobile Home Provisions ........................................................................................................................... 14
5.16
Parking and Loading ................................................................................................................................. 14
TABLE 5-1: PARKING AREA DIMENSIONS ............................................................................................................ 15
5.17
Water Well Development ........................................................................................................................... 15
5.18
Height of Buildings or Structures and Height Exceptions ..................................................................... 15
5.19
Water Rights License ................................................................................................................................ 16
PART 6: RURAL AREA ZONES ............................................................................................................................... 17
6.1
Rural Use Table ......................................................................................................................................... 17
TABLE 6-1: RURAL USE TABLE............................................................................................................................. 17
6.2
Accessory Uses, Buildings and Structures ............................................................................................. 19
6.3
Conditional Uses ....................................................................................................................................... 21
6.4
Bulk Regulations ....................................................................................................................................... 21
TABLE 6-2: "R/A" RURAL/AGRICULTURE BULK TABLE ..................................................................................... 21
TABLE 6-3: "RR" RURAL RESIDENTIAL BULK TABLE ........................................................................................ 24
TABLE 6-4: "RRG" - RURAL RECREATION GENERAL BULK TABLE ................................................................. 25
RM of Park Zoning By-Law
ii
PART 7: URBAN AREA ZONES .............................................................................................................................. 27
7.1
Urban Use Table ........................................................................................................................................ 27
TABLE 7-1: URBAN USE TABLE ............................................................................................................................ 27
7.2
Accessory Uses, Buildings and Structures ............................................................................................. 30
7.3
Conditional Uses ....................................................................................................................................... 31
7.4
Bulk Regulations ....................................................................................................................................... 31
TABLE 7-2: URBAN BULK TABLE .......................................................................................................................... 31
7.5
Dwelling Unit - Minimum Size .................................................................................................................. 35
7.6
Area and Yard Requirements ................................................................................................................... 35
7.7
Outside Storage of Goods and Materials ................................................................................................. 36
7.8
Mobile Home Park Regulations ................................................................................................................ 36
PART 8: REQUIREMENTS FOR SPECIFIC USES .................................................................................................. 39
8.1
Home-based Businesses .......................................................................................................................... 39
8.2
Livestock Operations ................................................................................................................................ 39
TABLE 8-1: ANIMAL UNIT SUMMARY TABLE ....................................................................................................... 41
TABLE 8-2: MINIMUM SEPARATION DISTANCES FOR SITING LIVESTOCK OPERATIONS.............................. 42
8.3
Small-Scale and Non-Farm Residential Accessory Livestock Facilities ............................................... 45
8.4
Requirements for Keeping Personal Riding Horses on Residential Lots ............................................. 45
8.5
Special Limitations Governing Development of Farm Buildings, Structures and Dwellings .............. 46
8.6
Hazardous Materials Storage ................................................................................................................... 47
8.7
Variation of Separation Distances ............................................................................................................ 47
8.8
Proximity of Air Landing Strips to Buildings and Structures and Other Designated Areas ................ 47
8.9
Location of Automobile Wrecking Establishments ................................................................................ 47
8.10
Storage of Derelict Vehicles ..................................................................................................................... 47
8.11
Travel Trailer Use ...................................................................................................................................... 48
8.12
Condominium Subdivision of Land ......................................................................................................... 48
8.13
Multiple Uses ............................................................................................................................................. 48
8.14
Commercial Resort, and Conference Centre Development Provisions ................................................ 48
8.15
Wind Turbine Generator Station Development Provisions .................................................................... 49
8.16
Camping and Tenting Grounds ................................................................................................................ 50
PART 9: ADMINISTRATION ..................................................................................................................................... 51
9.1
Administration and Enforcement ............................................................................................................. 51
9.2
Responsibilities of Council ....................................................................................................................... 51
9.3
Responsibilities of the Development Officer ........................................................................................... 51
9.4
Responsibilities of the Owner .................................................................................................................. 52
9.5
Development Permits ................................................................................................................................ 52
9.6
Application for Amendment ...................................................................................................................... 54
9.7
Application for Variances and Conditional Uses .................................................................................... 54
9.8
Development Agreements ........................................................................................................................ 55
9.9
Fee Schedule ............................................................................................................................................. 55
PART 10: ENFORCEMENT ...................................................................................................................................... 56
10.1
By-law Contravention ................................................................................................................................ 56
10.2
Entry for Inspection and Other Purposes ................................................................................................ 56
10.3
Order to Remedy Contravention .............................................................................................................. 56
10.4
Enforcement and Penalties ....................................................................................................................... 57
PART 11: INTERPRETATION .................................................................................................................................. 58
11.1
Footnotes ................................................................................................................................................... 58
11.2
Permitted Uses .......................................................................................................................................... 58
11.3
Definitions .................................................................................................................................................. 58
RM of Park Zoning By-Law
iii
APPENDIX "A"
Zoning Maps
MAP 1
RM OF PARK WEST
MAP 1-1
DETAIL MAP - SEECH LAKE AREA
MAP 1-2
DETAIL MAP - WARGATIE LAKE AREA
MAP 1-3
DETAIL MAP - STUART LAKE AREA
MAP 1-4
DETAIL MAP - IMRIE LAKE AREA
MAP 1-5
DETAIL MAP - HOROD
MAP 2
RM OF PARK EAST
MAP 2-1
DETAIL MAP - CRAWFORD PARK
MAP 2-2
DETAIL MAP - S½ OF SW¼ SEC22-TP19-RGE18W
MAP 3
URBAN COMMUNITY OF ONANOLE
APPENDIX "B"
Metric Conversion Table
RM of Park Zoning By-law
1
PART 1: SCOPE
1.1
This By-law shall be known as the Rural Municipality of Park Zoning By-law.
1.2
This By-law applies to all lands in The Rural Municipality of Park indicated on Maps 1, 1-1, 1-
2, 1-3, 1-4, 1-5, 2, 2-1, 2-2 and 3 of Appendix "A" to this By-law.
1.3
This By-law regulates:
(a) the construction, erection, alteration, enlargement or placing of buildings and structures;
and
(b) the establishment, alteration or enlargement of uses of land, buildings and structures.
1.4
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. Legal non-conforming
buildings, structures and uses that were lawfully in existence before this By-law or prior to
any amendment to this By-law, may continue to exist in accordance with the provisions of
The Planning Act.
1.5
Whenever a provision of another by-law of The Rural Municipality of Park 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.
RM of Park Zoning By-law
2
PART 2: GENERAL REGULATIONS GOVERNING USES, BUILDINGS
AND STRUCTURES
2.1
Regulation of Uses
2.1.1
Subject to subsection 2.1.5, of this PART, no land, building or structure shall be constructed,
enlarged, placed, used or occupied except for a use which:
(a)
is listed in the Use and Bulk Tables which apply to such land, building or structure as:
(i)
a permitted use;
(ii)
a conditional use, subject to approval as such; or
(b)
is an accessory use.
2.1.2
All listed uses shall be interpreted in accordance with PART 11: INTERPRETATION and
shall be dealt with in accordance with procedures outlined in PART 8: REQUIREMENTS
FOR SPECIFIC USES, PART 5: GENERAL REGULATIONS FOR ALL ZONES and PART
9: ADMINISTRATION.
2.1.3
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.
2.1.4
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; and
(b)
two-family dwellings or multiple-family dwellings as provided for in this By-law.
2.1.5
This By-law shall be interpreted so as not to interfere with the construction, erection and
location of the facilities of a public utility. Office buildings, warehouses, maintenance or
storage compounds operated by a public utility shall be subject to the provisions of this By-
law.
2.1.6
Electric transmission lines and structures, and pipelines of a public utility 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.
2.2
Existing Uses, Buildings and Structures
2.2.1
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.
RM of Park Zoning By-law
3
(a)
All legally erected 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; and
(b)
The enlargement, expansion, change in use, or replacement shall be subject to the
issuance of a development permit, and shall conform to all requirements of this By-law.
2.2.2
An existing use, building or structure which is classified as a conditional use in this By-law or
amendments thereto and which legally existed at the date of adoption or amendment of 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 in the zone in which the use,
building or structure is located, or may be replaced if destroyed, provided that the
replacement does not increase the intensity of the previously existing use.
(a)
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
(b)
Where an enlargement or expansion of such a use is proposed, it shall require the
specific approval of Council, in accordance with PART 9.
2.2.3
An existing use, building or structure which is not classified as a permitted or conditional use,
building or structure in this By-law and which legally existed at the date of adoption or
amendment of this By-law, shall be considered as a non-conforming use, building or
structure, and shall be subject to the provisions of The Planning Act governing non-
conformities.
(a)
A non-conforming use shall be allowed to continue to exist, and may be changed to a
permitted use in the zone in which the use is located;
(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;
(d)
A non-conforming building or structure shall not be re-established if it is removed or
destroyed by more than fifty percent (50%) of its replacement value above the
foundation unless approved by a variation order of Council; 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.
RM of Park Zoning By-law
4
2.3
Permitted Uses, Buildings and Structures
Where a use, building or structure is provided for as a permitted use by this By-law, the
owner shall normally be entitled to establish, expand or enlarge the use, building or structure,
subject to the issuance of a development permit, and provided that the use, building or
structure complies with all requirements of this By-law.
2.4
Conditional Uses
2.4.1
The classification of uses as conditional uses is intended to provide for a special process of
review and approval for certain types of development which, due to their inherent
characteristics, may have potential adverse impacts on nearby properties or resources.
2.4.2
Where a use, building or structure is provided for as a conditional use by this By-law, the
establishment, enlargement or expansion of the use, building or structure shall be subject to
the specific requirements of The Planning Act pertaining to conditional uses and section 9.7
of PART 9 herein.
2.5
Accessory Buildings, Structures and Uses
2.5.1
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 for farm dwelling and as provided under subsection 2.5.2 of this
PART).
2.5.2
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 has been obtained for the main building.
2.5.3
An accessory use, building or structure may be accessory to a permitted or conditionally
approved use. However, where a conditional use is required, no accessory use, building or
structure shall be constructed or located on the site prior to review and approval by Council
of the conditional use in accordance with PART 9 of this By-law.
2.5.4
An accessory building or structure shall not be located within a dedicated easement right-of-
way.
RM of Park Zoning By-law
5
PART 3: GUIDE TO ZONES AND ZONING MAPS
3.1
Zones
3.1.1
Uses of land in The Rural Municipality of Park are regulated in accordance with the following
zones:
(a)
"R/A" Rural/Agriculture Zone
This zone provides for a full range of rural development including agricultural
development, resource related activities, agro-related businesses and other small
holdings and non-farm development compatible with farming operations.
(b)
"RR" Rural Residential Zone
This zone provides for low density rural one-family non-farm residential development
and associated or compatible uses utilizing on-site sewer and water services.
(c)
"RRG" Rural Recreation General Zone
This zone provides for a range of recreational developments, including cottages,
single-family dwellings, modular and mobile homes, campgrounds and related
commercial and recreational activities for year-round recreation purposes.
(d)
"RG" Residential General Zone
This zone primarily provides for low density one-family and two-family residential
development as well as moderate density multiple-family residential development as a
conditional use.
(e)
"RMH" Residential Mobile Home Zone
This zone provides land for mobile or modular homes on individual registered lots
which may be individually owned or within a mobile home park where the sites are
leased.
(f)
"CG" Commercial General Zone
This zone provides for appropriate land for general commercial use in areas where
further break down is not warranted.
(g)
"I" Institutional Zone
This zone primarily provides locations for governmental, educational and institutional
uses on relatively large areas of land.
(h)
"O/R" Open Space/Recreation Zone
This zone provides land for public parks and recreational purposes including public or
private uses such as arenas, clubs, recreational community centres, rinks, golf
courses, etc., lands to conserve undeveloped scenic or hazard lands and buffering of
different types of land use and major utility rights-of-way that have an open space
character.
RM of Park Zoning By-law
6
(i)
"UT" Urban Transition Zone
This zone provides for the continuance of non-intensive agricultural and agricultural
related and open space uses in such a manner as to facilitate the orderly expansion of
Onanole.
3.1.2
The permitted and conditional uses prescribed for sites within each zone are those set out in
the Use and Bulk Tables of this By-law.
3.2
Zoning Maps
3.2.1
The location and boundaries of the zones listed in subsection 3.1.1 of this PART are shown
on Maps 1, and detailed Maps 1-1, 1-2, 1-3, 1-4, and 1-5, 2 and detailed Maps 2-1 and 2-2
and 3 of Appendix "A" of this By-law. Said maps form a part of this Zoning By-law. All
notations, references and other information shown thereon, together with any amendments
made by amending by-laws made from time to time and shown thereon, together with any
amendments to the boundaries in the case of any street, lane or public utility right-of-way
closing shall be as much a part of this By-law as if the matters and information set forth by
the said zoning maps were fully described herein.
3.2.2
The scale and dimensions of the zoning maps are in feet.
3.2.3
All plan references on all zoning maps of Appendix "A" of this By-law pertain to registered
plans filed in the Neepawa Land Titles Office.
3.3 Interpretation of Zone Boundaries
3.3.1
Boundaries indicated as approximately following:
(a)
the centerlines of railway or public utility rights-of-way;
(b)
the centerlines of streets, highways, or lanes;
(c)
lot, site, or holding lines; or
(d)
municipal limits;
shall be construed as following those lines or limits.
3.3.2
If a street or lane or railway or public utility right-of-way (hereinafter referred to as the
feature) shown on a zoning map of Appendix "A" of this By-law is lawfully closed, the land
formerly comprising the feature shall be included within the zone of the land which surrounds
it. If the said feature included a zone boundary on its centerline, then the zone boundary
shall be the former centerline.
RM of Park Zoning By-law
7
PART 4: GENERAL BULK REQUIREMENTS
4.1
Application of Bulk Requirements
No land, building or structure shall be used or occupied, and no building or structure shall be
constructed, erected, altered, enlarged, relocated or placed, except in accordance with the
minimum site area, minimum site width and yard requirements prescribed for the zone in
which the use is situated as set out in the Use and Bulk Tables of this By-law.
4.2
Existing Substandard Parcels of Land
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 in which the site or parcel exists, 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 approval
of conditional use and/or variation applications as provided for in The Planning Act and
PART 9 of this By-law are complied with; and
(c)
All required yards and separation distances as required by this By-law are complied
with.
4.3
Open Space Along Rural Roadways
Areas adjacent to rural roads shall be kept clear of features which would contribute to snow
drifting on the roadway, or which would represent a safety hazard to motorists. Within the
Rural/Agriculture Zone, the following provisions shall apply to any required front yard, side
yard or rear yard which is adjacent to an improved government road allowance, highway or
other improved 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 or wooden rail fences which
are at least seventy-five percent (75%) open in character, all types of signs, excluding
advertising signs, which are less than fifty (50) square feet in surface area, and small
shelters for children at school bus stops;
(b)
No excavation such as a dugout or gravel pit shall be located within the required yard;
(c)
No substantial planting, such as a shelterbelt or hedge exceeding a height of three (3)
feet that may interfere with the functioning of the road system shall be located within
the required yard;
(d)
No substantial stockpiling of materials, such as soil, gravel, bales or cordwood that
may interfere with the functioning of the road system shall be located within the
required yard;
RM of Park Zoning By-law
8
(e)
No permanent storage of farm machinery shall be located within the required yard; and
(f)
Corner vision triangles shall be maintained at the road corners of all sites adjacent to
the road intersections within the Rural/Agriculture Zone. The corner vision triangle
shall be a triangular area measured one hundred twenty-five (125) feet from the road
corner of the site along each site line adjacent to the road. No wall, fence, hedge,
shrub or other landscaping feature which would substantially diminish the visibility of
motorists shall be allowed within these corner vision triangles.
4.4
Projections into Required Yards
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,
except as follows:
(a)
Open, unenclosed projections of a building, including eaves, awnings, stairs, landings,
wing-walls, raised decks and balconies, may extend into a required yard up to fifty
percent (50%) of the required yard depth to a maximum projection of five (5) feet,
provided that a required side yard is not reduced to less than four (4) 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 fifty percent (50%) of the required yard depth to a
maximum projection of five (5) feet, provided that a required side yard is not reduced to
less than four (4) feet, whichever is lesser, provided that no more than ten (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 three (3) feet, except that a fence, hedge or trellis for protection around ramps
are permitted to a maximum height of three and one-half (3.5) feet, and the maximum
height of a fence in any required side or rear yard shall be six (6) feet; and
(d)
Accessory portable buildings not exceeding one hundred and fifty (150) 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 five (5)
feet is maintained from any site line, and a separation distance of ten (10) feet is
maintained from any dwelling. Subsection 9.5.3 of PART 9 herein, identifies uses,
buildings and structures exempt from the requirement for a development permit.
RM of Park Zoning By-law
9
4.5
Separation of Principal Building and Any Other Building
The minimum distance between the principal building and any other building other than
provided for in clause 4.4(d) of this PART shall be ten (10) feet in all zones.
4.6
Unconventional Sites
Where a site is of such unique configuration that the required yards cannot be ascertained in
accordance with the definitions of PART 11, the Development Officer may designate the
location of the required yards. The location and required dimensions of such yards shall be
consistent with the intent of the yards specified for the zone within which the site is located.
4.7
Landlocked Sites
In unique circumstances, Council may permit development on a site which only has frontage
on a private lane or road, provided the said lane or road is at least twenty (20) feet in width
and intersects with a street, and is secured by means of a registered easement. For the
purpose of establishing the position of the required yards, the Development Officer shall
determine the front, side or rear site lines of a landlocked site.
RM of Park Zoning By-law
10
PART 5: GENERAL REGULATIONS FOR ALL ZONES
5.1
Sensitive Lands, Flooding and Erosion
5.1.1
No buildings or structures, except for fences, shall be built in areas in the vicinity of creeks or
streams which, in the opinion of Council, are subject to flooding by a one hundred year flood,
unless the owner provides sufficient information prepared by a qualified consultant, to
demonstrate compliance with the provisions of The Park Municipal Development Plan.
5.1.2
Where development is proposed in an area which, in the opinion of the Development Officer,
may be subject to ponding due to snowmelt or heavy rainfall events, the owner may be
required to undertake additional flood proofing measures such as but not necessarily limited
to the provision of sufficient fill around the building to provide an additional measure of
protection from flood damage.
5.1.3
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 by a qualified consultant that proper measures will be taken to mitigate the hazard to
an acceptable level.
5.1.4
No land use activity shall be conducted in any zone unless such precautionary measures,
satisfactory to Council, to safeguard and prevent water and atmospheric pollution, including
enrichment of natural waters with organic nutrients or sediments, are incorporated into the
proposed land use activity. In considering certain types of development applications that
may represent a significant risk to groundwater within groundwater sensitivity areas either
known or identified in The Park Municipal Development Plan such as large livestock
operations, or commercial fertilizer or chemical storage facilities, Council may seek the
advice of appropriate government agencies on the adequacy of the proposed preventative
measures and may impose special conditions of approval that it may deem appropriate in
order to minimize the risk of groundwater contamination.
5.1.5
The minimum separation distance for all permanent buildings and structures from all major
lakes and streams shall be a distance equal to ten (10) times the height of the bank above
channel grade, or one hundred (100) feet from the edge of the bank, whichever is greater.
This distance may be reduced for residential sites in the "RRG" Rural Recreation General
Zone and where an applicant can demonstrate to the Council's satisfaction that a reduction
in the required separation will not result in flooding or erosion problems. In such
circumstances, Council may require an engineering study from the proponent.
5.1.6
The minimum separation distance for all permanent buildings and structures from the crest
or foot of a slope having a natural gradient in excess of ten (10) percent shall be a distance
sufficient to allow for a stable slope plus fifty (50) years of erosion, or one hundred (100) feet,
whichever is greater.
RM of Park Zoning By-law
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5.1.7
Clearing land of its natural vegetation, including cultivation shall not be conducted within one
hundred (100) feet of the ordinary high water mark of a watercourse, except for alterations to
the vegetation area for pathways, docks, boathouses, etc. to a maximum of twenty-five (25)
percent of the shoreline length for each lot.
5.2
Land Gradients and Site Drainage
5.2.1
The grade for all principal buildings and structures and the proposed site drainage system
shall be approved by the Development Officer prior to the commencement of construction.
Within all zones, the grade for all principal buildings and structures and the proposed site
drainage system shall be approved by the Development Officer prior to the commencement
of construction.
5.2.2
Where major earthworks involving excavations or retaining walls are being proposed, the
Development Officer may require the owner to submit evidence prepared by a licensed
professional engineer to support the application for development.
5.2.3
Lot grading shall follow the natural land contours and be designed to minimize clearing of
existing vegetation, and avoid drainage discharge onto adjacent lots that does not exit
naturally. Drainage of driveways shall be designed to have water flow to the sides of the
driveway into ditching which connects with road ditches. Where culverts are required they
shall be a minimum of eighteen (18) inches in diameter. Where retaining walls are required
to accomplish grading requirements, they shall be constructed of complementary materials
preferably stone or concrete.
5.3
Separation for Dwelling and Habitable Sites from Incompatible Uses
5.3.1
No new habitable buildings, including dwellings, schools, motels, restaurants, institutions and
hospitals shall be located within one thousand five hundred (1,500) feet of a sewage lagoon.
Proposals to alter this separation distance must be considered and approved by the
Environmental Authorities of the Province prior to development.
5.3.2
No habitable buildings, including dwellings, schools, motels, restaurants, institutions and
hospitals shall be located within one thousand five hundred (1,500) feet of a sanitary landfill
site unless it can be demonstrated by a professional engineer, registered in the Province of
Manitoba, that there will be no migration of methane gas or other surface or subsurface
pollutants. Also, any reduction in this separation distance requires approval by the
Environmental Authorities of the Province prior to development.
5.3.3
The above distances in 5.3.1 and 5.3.2 are to be measured from the exterior limits of the
lagoon or landfill site.
RM of Park Zoning By-law
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5.3.4
A single dwelling site in the Rural/Agriculture Zone, Rural Residential Zone or a Rural
Recreation General Zone containing dwelling sites shall not be located within:
(a)
Five hundred (500) feet from any aggregate deposit identified in the Development Plan
as valuable unless the deposit has been depleted to the point where no further
extraction will take place and residential development objected to by the Provincial
Government;
(b)
Five hundred (500) feet for single sites or one half (1/2) mile for Rural Residential and
Rural Recreation General Zones from a stationary commercial anhydrous ammonia
tank with a storage capacity exceeding two thousand (2,000) imperial gallons or as
required by the Provincial Government;
(c)
Three hundred (300) feet from any barn or animal confinement area or concentrated
waste disposal site where there is a production in excess of 1 animal unit and does not
exceed 9 animal units. Dwelling sites of the owner or operator are excepted from this
requirement; and
(d)
The mutual minimum separation distances (defined by policy in Development Plan By-
law No. 1308) between livestock operations and single residences and designated
residential rural and Rural Recreation general areas are provided for in TABLE 8-2:
MINIMUM SEPARATION DISTANCES FOR SITING LIVESTOCK OPERATIONS in
PART 8 and subsection 8.2.10 of PART 8 for Livestock Operations Development in
Buffer Areas.
5.4
High Water Table Areas
Groundwater conditions are highly variable throughout the Municipality, and in some areas
the groundwater table may be very close to the surface. Sufficient measures should be
included in the design of buildings to adequately protect basements from groundwater
infiltration.
5.5
Site Reduced by Road Widening
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.
5.6
Building Removal
Upon completion of removal or demolition of a building from a site, the old foundation shall
be removed, any excavation shall be filled, the ground shall be leveled and the site shall be
put in a safe condition to the satisfaction of the Development Officer.
RM of Park Zoning By-law
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5.7
Road Access
No permanent building may be constructed or placed on a site, which does not have legal
access to an improved public road except as provided for in section 4.7 of PART 4. Legal
access to an improved road allowance may be obtained through an easement agreement.
5.8
Service Connections
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 at time of
construction.
5.9
Public Monuments and Cairns
Nothing in this by-law shall be so interpreted as to interfere with the establishment of public
monuments and cairns.
5.10
Signs
5.10.1 The following accessory signs may be permitted in any zone subject to the Municipal Sign
By-law. These include identification signs, business signs, directional signs for parking and
loading, no hunting or no trespassing signs and bulletin boards, temporary posters, legal
notices and the like.
5.10.2 Advertising signs are regulated in the Municipal Sign By-law.
5.11
Temporary Buildings and Uses
5.11.1 Temporary buildings, structures and uses of land are permitted on a site in connection with
road construction or 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, project supervisor or safety personnel;
(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 one thousand three hundred twenty (1,320) feet is provided between an asphalt or
concrete plant and the nearest habitable building or residence;
(e)
A development permit for a temporary building or structure or use shall be valid for six
(6) months and may not be renewed for more than two (2) successive six (6) month
periods; and
(f)
Notwithstanding section 4.4 of PART 4, a wheelchair ramp may extend into the
required yard of a residence, subject to the issuance of a development permit.
RM of Park Zoning By-law
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5.12
Road Allowances
No building or structure shall be erected upon any land designated for a future road
allowance by Council. Any development adjacent to said future road allowance shall comply
with the requirements of this By-law as if the said future road allowance was already in
existence.
5.13
Basement Accommodations
A dwelling unit or living accommodation for a boarder shall not be located in a basement
unless it complies with the provisions of The Manitoba Building Code with regard to various
features, including but not limited to floor area, room height, stairs, egress, fire separation,
sanitary facilities, windows and smoke alarms.
5.14
Noxious or Offensive Uses
Notwithstanding anything contained herein, no use shall be permitted in any zone which may
be noxious or offensive by reason of the emission or production of odour, dust, refuse
matter, wastes, vapour, smoke, gas, vibration or noise. If the use is permitted in the subject
zone, satisfactory measures shall be undertaken to mitigate or eliminate such effects and all
necessary licensing has been obtained from provincial regulatory authorities, as required.
5.15 Mobile Home Provisions
All mobile homes which are either newly sited or relocated within The Rural Municipality of
Park after the effective date of this By-law, shall conform to the requirements of The
Buildings and Mobile Homes Act as may be amended from time to time and C.S.A.
standards pertaining to construction, site preparation, foundation and anchorage. The
undercarriage of all mobile homes shall be fully concealed by skirting which is either pre-
finished or painted to complement the mobile home.
5.16
Parking and Loading
5.16.1 At least one permanent accessory off-street parking space shall be provided for each
dwelling unit, or each room in a boarding house on the same site with the dwelling, but not
located within the required front yard. Accessory parking is allowed within a required front
yard subject to the following provisions:
(a)
No more than two (2) vehicles are parked within the required front yard; and
(b)
There are no canopies, walls or other structures within the required front yard.
5.16.2 For commercial uses, parking shall be permitted in the required front yard with setbacks from
streets, public roads and highways as required by the authority having jurisdiction. For uses
requiring off-street deliveries and loading one parking space and/or a loading space shall
serve as an off-street loading area.
5.16.3 Parking for non-residential uses shall be determined by Council at the time of the application
for a development permit, based upon the anticipated needs of the proposed use.
5.16.4 When a building or structure is enlarged or a use is changed, the off-street parking spaces
shall be provided for the enlargement, change or new use.
5.16.5 Where an accessory parking lot is provided for three or more vehicles, the design of the
parking lot, including all exits and entrances shall conform to TABLE 5-1 PARKING AREA
DIMENSIONS and drawing.
RM of Park Zoning By-law
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TABLE 5-1: PARKING AREA DIMENSIONS
Angle of
Parking
(degrees)
MINIMUM REQUIREMENTS
Width of
Stall
(ft)
Width of
Aisle
(ft)
Depth
Perpendicular
To Aisle (ft)
Width
Parallel to
Aisle (ft)
a
b
c
d
e
30
9
12
15
17
45
9
12
18
12
60
9
20
20
10
90
9
24
20
9
5.17
Water Well Development
When developing wells for single or multiple spaces or sites:
(a)
Water wells must be drilled and to a depth beneath a confinement layer of subsurface
geological material;
(b)
Water wells must be packed along the external side of the water pipes with bentonite
or an approved substitute in a manner that prevents pollution from entering the water;
(c)
When required, wells and water treatment systems to serve multiple spaces or sties
must be licensed through the Province; and
(d)
Upon a parcel or site being serviced with a potable piped municipal water system, any
existing wells shall not be used as a potable water source, and once such public
service is available and connected to that site, no future drilled wells shall be permitted
for such site.
5.18
Height of Buildings or Structures and Height Exceptions
The maximum height of principal buildings or structures shall be three (3) storey to a
maximum of sixty (60) feet and that of accessory buildings and structures shall be fifteen (15)
feet. Notwithstanding the above requirements, the maximum height of single-family and two-
family dwellings in the "RG" Zone shall be thirty (30) feet and for multiple-family dwellings in
the "RG" Zone shall be forty-five (45) feet.
RM of Park Zoning By-law
16
The provisions of this PART, except wherein stated shall not apply to limit the height of any
grain elevator, seed plant, ornamental dome, chimney, tower, electrical or telephone
transmission line, television, internet or radio mast, steeple, water storage tank, electrical
apparatus or the mechanical operation of the building, provided that no roof structure or any
space above the height limit shall be permitted for the purpose of providing usable floor area.
The maximum heights of all buildings and structures may be reduced by Council, if there is a
danger of the buildings or structures being hit by low flying aircraft on their landing or take-off
phase of flight.
5.19
Water Rights License
A development proponent must apply for a Water Rights License when the domestic use
exemption does not apply under The Water Rights Act.
RM of Park Zoning By-law
17
PART 6: RURAL AREA ZONES
6.1
Rural Use Table
The following TABLES list the permitted and conditional uses and bulk regulations that apply
to all the rural zones listed in section 3.1 of PART 3.
TABLE 6-1: RURAL USE TABLE
LEGEND:
"P" means Permitted Use
"C" means Conditional Use
"-" means Use Not Permitted
ZONES
USES
"R/A"
"RR"
"RRG"
Accessory Uses, Buildings, and Structures [See section 6.2 of this PART]
P
P
P
Accessory Home-based Businesses, excluding vehicle sales [See section 8.1 of
PART 8]
C
C
C
Agricultural Specialized Uses:
Apiculture
Commercial Greenhouses
Market Gardening
Nurseries and Bedding Plant Operations
P
P
P
P
-
-
-
-
-
-
-
-
Agricultural General Uses, such as but not limited to the following:
Field Crops (e.g. grains, vegetables, oil seeds) and vacation farms
P
-
-
Agricultural Livestock Operations [See subsections 8.2.8 and 8.2.10 of PART 8 for
conditional use thresholds]
P
-
-
Aircraft Landing Strips and Related Storage Facilities [See section 8.8 of PART 8]
C
-
-
Anhydrous Ammonia, Sales and Service [See section 8.6 of PART 8]
C
-
-
Athletic Fields, soccer, baseball, skate parks, etc
-
-
C
Auction Mart
C
-
-
Automobile Wrecking Establishments [See section 8.9 of PART 8]
C
-
-
Batch Concrete Plant
C
-
-
Bed and Breakfast
P
C
C
Botanical (Flower) Gardens
P
C
C
Bulk fuel, Liquid and Solid Fertilizer and Chemical Stationary Storage and Sales
C
-
-
Campgrounds [See section 8.16 of PART 8]
-
-
C
Cemeteries
P
-
-
Churches, Church Hall
-
P
P
Commercial Guest Ranch
C
-
-
Commercial Resorts [See section 8.14 of PART 8]
-
-
C
Communication Towers
C
-
-
Community Halls and Rinks, Cultural Centres and Multi-Rec Centre
-
P
-
RM of Park Zoning By-law
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TABLE 6-1: RURAL USE TABLE
LEGEND:
"P" means Permitted Use
"C" means Conditional Use
"-" means Use Not Permitted
ZONES
USES
"R/A"
"RR"
"RRG"
Concessions (Recreational Facilities)
-
-
C
Conference Centres [See section 8.14 of PART 8]
-
-
P
Dwellings:
Single-Family, Farm
Single-Family, Non-Farm, excluding mobile and modular homes
Single-Family, Mobile and Modular Homes
P
C
P
-
P
C
-
P
P
Existing Uses legally established prior to the adoption of the By-law except Rural
Non-Farm Residences
P
P
P
Existing legally established Rural Non-Farm Single-Family Residences (include
cottage dwellings)
C
P
P
Exhibition Grounds including Race Tracks and Rodeo Grounds
C
-
-
Farmers Market
P
P
C
Game Farms
C
-
-
General Store/Postal Outlet
-
P
C
Golf Course
C
-
C
Grain Elevators and Vegetable Storage Buildings
P
-
-
Group Camps [see definition in PART 11]
C
-
C
Historical Sites and Museums
P
P
P
Hunting and Fishing Lodges and Boating Clubs
C
C
C
Kennels, Animal Clubs and Pounds
C
-
-
Outfitting Services
Limited
Full Service
P
C
P
-
P
-
Petting Farm/Zoo
P
-
-
Public Picnic Areas, Parks, Playgrounds, and Tot-lots
C
P
P
Public Utilities and Buildings [See subsections 2.1.5 and 2.1.6 of PART 2]
P
P
P
Public Reserves
P
P
P
Recreation Trails
Human Purposes - hiking, walking, athletic cross country skiing
Motorized and Horse Drawn Wagon
P
C
P
-
P
-
Recycling Facilities
Enclosed
Open
P
C
-
-
-
-
Rendering and Abattoirs
C
-
-
Research Management Areas, Forest and Wildlife Reserves
C
-
-
RM of Park Zoning By-law
19
TABLE 6-1: RURAL USE TABLE
LEGEND:
"P" means Permitted Use
"C" means Conditional Use
"-" means Use Not Permitted
ZONES
USES
"R/A"
"RR"
"RRG"
Residential Care Facilities for more than four adults
C
C
-
Riding Academies up to 9 animal units
- more than 9 animal units
P
C
-
-
C
-
Roadside/Street Vendors
P
P
C
Sand, Gravel and Mineral Extraction Operations
C
-
-
Secondary Suites
Attached
Detached
C
C
C
C
C
C
Seed Plants
P
-
-
Signs, all types including Advertising Signs
[See section 5.10 of PART 5]
Veterinary Clinics
P
-
-
Waste Disposal Grounds and Waste Treatment Plants
C
-
-
Water slides, Water Parks, Play Parks, Skate Parks
-
-
C
Well Drilling Establishments
C
-
-
Wind Turbine Generator Stations (WTGS) [See TABLE 6-2 of this PART and
section 8.15 of PART 8]
C
-
-
6.2
Accessory Uses, Buildings and Structures
In the Rural Zones, accessory uses, buildings or structure may include but not be limited to
the following:
(a)
Farm dwelling to include a single-family dwelling or a mobile home when on the same
site with a permitted or conditional agricultural use;
(b)
Staff dwelling to include single-family dwellings, two-family dwellings, dormitory, mobile
homes and private churches and private school facilities, when on the same site with
agricultural permitted or conditional agricultural uses where, in the opinion of Council,
said dwelling or private church and/or school, is essential for the maintenance,
operation and care of the permitted or conditional use;
(c)
Buildings and structures accessory and incidental to a permitted or conditional
seasonal recreation use;
(d)
Bunk houses, guest houses and secondary suites accessory to a cottage or a rural
non-farm residence;
(e)
Buildings or structures for the operation and maintenance of a permitted or conditional
use;
RM of Park Zoning By-law
20
(f)
Storage of goods used in or produced by agricultural activities on the same site with
such activities, unless such storage is excluded by the zone or provincial regulations;
(g)
A private garage, carport, covered patio, tool house, boathouse, shed and other similar
buildings (excluding shipping containers in "RR" and "RRG" zones) for the storage of
domestic equipment and supplies, private swimming pools;
(h)
Incinerators and individual sewage disposal systems, subject to the authority having
jurisdiction;
(i)
Home-based businesses, as accessory conditional uses, in the "R/A" Rural/Agriculture
Zone, the "RR" Rural Residential Zone and the "RRG" Rural Recreation General Zone
- [See section 8.1 of PART 8];
(j)
Accessory off-street parking areas as required and regulated in section 5.16 of PART
5;
(k)
Accessory signs [See section 5.10 of PART 5];
(l)
Clubhouses and other related recreational structures on the grounds of private clubs,
golf courses, and other like permitted or conditional recreational facilities;
(m) Aircraft landing strips and related storage facilities which are necessary to a farm
operation [See section 8.8 of PART 8]
(n)
In residential subdivisions, mobile home parks and campgrounds, the accessory uses,
buildings and structures required to serve the development may also include:
(i)
a storage compound;
(ii)
recreation facilities and appertaining structures;
(iii)
service building to house water pumps and other service facilities;
(iv)
required washroom facilities; and
(v)
waste and recycling collection bins.
(o)
Residential Care Facilities in the "R/A" Rural/Agriculture Zone and the "RR" Rural
Residential Zone for eight or fewer children who are under the care of a child caring
agency as defined by the Child Welfare Act or for four or fewer adults who may be post
mentally ill, mentally challenged or otherwise developmentally delayed;
(p)
Individual guest cabins when located in an approved plan including bare land condo
plan units within a commercial resort;
(q)
Boathouses and other recreational structures shall be set back from the shoreline as
determined by Council and/or the Province and the Federal Government (Oceans and
Fisheries, when applicable). These structures shall occupy a maximum of 25% of the
shoreline length located in front of each lot for structure development and clearing of
vegetation;
(r)
Wind turbines for residential use; and
(s)
Solar panels (other than in the front yard).
RM of Park Zoning By-law
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6.3
Conditional Uses
Any use listed as a "Conditional Use" in TABLE 6-1 shall comply with the regulations set
forth in section 9.7 of PART 9, ADMINISTRATION.
6.4
Bulk Regulations
6.4.1
The "R/A" Rural/Agriculture Zone bulk requirements shall be as set forth in TABLE 6-2:
"R/A" RURAL /AGRICULTURE BULK TABLE and following Sections.
6.4.2
The "RR" Rural Residential Zone bulk requirements shall be as set forth in TABLE 6-3: "RR"
RURAL RESIDENTIAL BULK TABLE and following Sections.
6.4.3
The "RRG" Rural Recreation General Zone bulk requirements shall be as set forth in TABLE
6-4: "RRG" RURAL RECREATION GENERAL BULK TABLE and following Sections.
TABLE 6-2: "R/A" RURAL/AGRICULTURE BULK TABLE
PERMITTED OR CONDITIONAL USES
MINIMUM REQUIREMENTS
Site
Area
(acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)
Rear
Yard
(feet)
(a)
Accessory Uses, Buildings and Structures (b) [See
section 6.2 of this PART]
75
25
25
Aircraft Landing Strips (Licensed and Private) and
Related Storage Facilities [See section 8.8 of PART 8]
60(c)
1000(c)
300(c)
300(c)
300(c)
Agricultural Specialized Uses (d)
20
300
75
25
25
Agricultural General Uses and Livestock including
Riding Academies, Vacation Farm (up to 9 animal units
capacity)
80(e)(f)
1000
125
125
125
Agricultural Livestock Operations including Riding
Academies and Vacation Farms with over 9 animal unit
capacity confinement
80(e)(f)
1000
328
328
328
Anhydrous Ammonia Sales and Service
5
300
300
75
75
Automobile Wrecking Establishments including storage
of automobiles [See section 8.9 of PART 8]
5
200
200
25
25
Batch Concrete Plant
4
200
125
50
50
Bulk fuel, Liquid/Solid Fertilizer Sales and Stationary
Storage
3
300
125
50
50
Campgrounds
5
200
75
25
25
Cemeteries
2
200
75
50
50
Communication Towers
5
400
125
125
125
Game Farm, Hunting and Fishing Reserves
80(e)(f)
660
125
50
50
Golf Courses
55
575
75
25
25
Grain Elevators and Vegetable Storage Buildings
3
200
125
25
25
Group Camps
10
300
75
25
25
RM of Park Zoning By-law
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TABLE 6-2: "R/A" RURAL/AGRICULTURE BULK TABLE
PERMITTED OR CONDITIONAL USES
MINIMUM REQUIREMENTS
Site
Area
(acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)
Rear
Yard
(feet)
(a)
Historical Sites
10,000
sq. ft.
50
75
10
10
Hunting, Fishing and Boating Clubs
10
300
75
50
50
Kennels and Animal Clubs
5
200
75
50
50
Public Picnic Areas, Parks and related Outdoor
Recreational Activities (g)
2
200
75
25
25
Public Utilities and Services
20,000
sq. ft.
100
75
25
25
Rendering Plants, Abattoirs
5
200
125
25
25
Residential Care Facility
2
200
75
25
25
Rural Non-Farm Single-Family residences including
modular and mobile homes and cottages (b) (h) (i)
2
200
75
25
25
Sand, Gravel and Mineral Extraction Operations
2
200
125
50
50
Seed Plants
3
200
125
25
25
Sewage Disposal Lagoons
5
300
200
50
50
Waste Disposal Grounds
5
300
200
50
50
Wind Turbine Generator Stations (j)
16
835
(j)
(j)
(j)
Veterinary Hospitals
3
150
75
50
50
Other Permitted or Conditional Uses
5
200
75
25
25
Explanations and Exceptions to the Bulk Requirements of TABLE 6-2 are as follows:
(a)
(i)
Setback provisions pertain to buildings, structures and shelterbelts only.
(ii)
Where buildings, structures, and shelterbelts are adjacent to a Government Road
Allowance, the minimum setback shall be seventy-five (75) feet or as required in
the TABLE, except for signs as provided for elsewhere herein [See section 5.10
of PART 5].
(iii)
Setbacks for buildings, structures or hedges from provincial roads, provincial
trunk highways and their centers of intersections shall be in accordance with the
Highway Protection Act and the Highway Department Act or as varied from time
to time.
(b)
The minimum dwelling unit floor area shall be six hundred (600) square feet.
(c)
Notwithstanding anything in this PART, the aircraft landing strips and related storage
facilities shall be subject to Transport Canada requirements and/or recommendations.
(d)
Council may require the applicant to submit a physical site plan and business plan
proposal for the agricultural specialized use.
RM of Park Zoning By-law
23
(e)
The minimum site area shall be eighty (80) acres or two (2) legal subdivisions which
abut each other.
(f)
Although this is the minimum site requirement, livestock operations and riding
academies may need to have access to a larger land base for manure application as
required under Provincial Regulation, based on the size of the operation and soils.
(g)
Outdoor recreational developments shall be directed away from prime agricultural land
and viable lower class agricultural land.
(h)
When locating a mobile home on a zoning site, the narrowest side of the mobile home
must be oriented towards the street unless Council authorizes a different orientation of
the building due to local site characteristics.
(i)
A residence shall be separated by a distance of one and one half (1.5) times the
maximum height of a communication tower located in the immediate vicinity of the
proposed residence's location.
(j)
Each wind turbine generator station (WTGS) site shall be used for the location of the
wind turbine generator tower(s) and/or the associated buildings and infrastructure.
This is the principal use of the (WTGS) site and it shall be limited to a maximum site
area of 160 acres. The land within the (WTGS) site that is not used for the facility may
be used for compatible agricultural activities provided provisions of this by-law are
maintained. In addition to the bulk requirements of TABLE 6-2, the yards and
separation distances shall be as follows:
(i)
all tower yards shall be (1.1) times the total height of the tower plus rotor from
any other titled property, including the boundary of a railway right-of-way. Note
exception, this setback distance with respect to the title property lines shall be
400 feet for wind turbines located where the property line(s) nearest to any
given wind turbine define and separate properties belonging to the same
landowner with a lease of the same type and duration;
(ii)
all tower yards shall be (1.1) times the total height of the tower plus rotor from
all government road allowances, any other public roads and Provincial roads.
The location of these towers within greater highway control areas shall be (1.5)
times the height of the tower plus rotor when adjacent to Provincial Trunk
Highways and shall be subject to the approval of the Province;
(iii)
all tower yards that do not coincide with a title property boundary or road
allowance shall be equal to the height of the tower plus the rotor in depth;
(iv)
all accessory uses yards (front, side and rear) associated with the (WTGS)
shall be 135 feet in depth;
(v)
the tower base shall be one and one half (1.5) times the total height of the
tower plus rotor from dwellings associated with the (WTGS);
(vi)
the tower base shall be one (1) times the total height of the tower plus rotor
from non-dwelling principal structures;
(vii) the tower base shall be (1640 feet) from all dwellings or other habitable
buildings (e.g. motel) not associated with the (WTGS); and
(viii) the tower base shall be one half mile (2640 feet) from a designated urban area
(Onanole), a "RR" Rural Residential zoned area or a "RRG" Rural Recreation
General zoned area (Seech Lake, Wargatie Lake, Stuart Lake and Imrie Lake).
RM of Park Zoning By-law
24
TABLE 6-3: "RR" RURAL RESIDENTIAL BULK TABLE
PERMITTED OR CONDITIONAL USES
REQUIREMENTS
MINIMUM
Site
Area
(acres)
Site
Width
(ft.)
(a)
Front
Yard
(ft.)
(a)
Side
Yard
(ft.)
(a)
Rear
Yard
(ft.)
Accessory Use, Buildings and Structures [See section 6.2 of
this PART] (b)
75
30
30
Churches and Church Halls
2
200
75
50
50
General Store and Post Office
2
200
75
30
30
Playgrounds
1
100
75
30
30
Residential Care Facilities
5
200
75
50
50
Rural Non-farm Single-Family Dwelling (c)
2
200
75
30
30
Historical Site
1
100
30
30
30
Other Permitted and Conditional Uses
2
100
75
30
30
Explanations and Exceptions to the Bulk Requirements of TABLE 6-3 are as follows:
(a)
(i)
Where buildings, structures are adjacent to a Government Road Allowance, the
minimum setback shall be seventy-five (75) feet, except where the Government
Road Allowance forms part of a concept for a multi-lot subdivision plan, or as
provided in section 5.10 of PART 5 for signs.
(ii)
Setbacks for buildings, structures and hedges from provincial roads, provincial
trunk highways and their centers of intersections shall be in accordance with the
Highway Protection Act and the Highway Department Act or as varied from time
to time.
(b)
An accessory building or structure for the housing of animals shall have a minimum
separation from any dwelling of three hundred (300) feet excluding the owner's
dwelling. The keeping of animals for purposes other than commercial production shall
be permitted provided that animal waste production does not exceed 0.75 Animal Units
per two (2) acres of site and that compliance is made with all Public Health
Regulations. The maximum number of Animal Units produced on a Rural Residential
Zoning site shall be two (2).
(c)
The minimum dwelling unit floor areas shall be six hundred (600) square feet for a rural
non-farm dwelling.
RM of Park Zoning By-law
25
TABLE 6-4: "RRG" - RURAL RECREATION GENERAL BULK TABLE
PERMITTED
OR
CONDITIONAL
USES
MINIMUM
REQUIREMENTS
MAXIMUM
REQUIRE
MENTS
Site
Area
(sq.ft.)
Site
Width
(ft.)
(a)
Front
Yard
(a)
SideYard
(ft.)
(a)
Rear
Yard
(ft.)
Site
Coverage
%
interior
corner
Accessory Uses, Buildings and
Structures [See also section
6.2 of this PART]
(b)
5
10
5
10
Campgrounds
5 acres
200
125
25
30
25
75
Church and Church Halls
2 acres
200
75
25
30
25
55
Dwelling Units including
modular and mobile homes (c):
Serviced site
6000
50
30
10
20
25
30
Un-serviced site (holding
tank)
15000
75
30
20
20
25
40
Un-serviced site (septic field)
2 acres
200
75
30
30
50
40
Commercial Resort(d)
10 acres
300
75
20
20
25
25
Concessions
15000
70
30
20
20
25
30
Conference Centres(d)
8 acres
200
75
20
20
25
60
Community Halls and
Rinks
3 acres
200
75
25
30
25
45
Golf Courses
55 acres
575
125
25
25
25
N/A
Group Camps (d)
5 acres
200
75
20
20
25
60
Hunting and Fishing,
Lodges and Boating Clubs
5 acres
200
75
20
20
25
60
Picnic Area, Parks,
Playgrounds, Tot-Lots,
Recreation Facilities
21000
100
30
20
30
25
N/A
Public Utilities and Buildings
5000
50
30
15
20
20
20
Riding Academies (e)
40 acres
660
125
50
50
50
N/A
Other uses listed
21500
65
30
5
15
25
50
Explanations and Exceptions to the Bulk Requirements of TABLE 6-4 are as follows:
(a)
(i)
Where buildings and structures are adjacent to a Government Road Allowance,
the minimum setback shall be seventy-five (75) feet, except where the
Government Road Allowance forms part of a concept for a multi-lot subdivision
Plan, or as provided in section 5.10 of PART 5) for signs.
(ii)
Setbacks for buildings, structures or hedges from provincial roads, major
provincial highways and their centers of intersection shall be in accordance
with the Highway Protection Act and the Highway Department Act or as varied
from time to time.
(b)
The minimum required front yard shall be the same as the main building.
(c)
The minimum floor area per dwelling unit shall be six hundred (600) square feet.
RM of Park Zoning By-law
26
(d)
The minimum floor area per dwelling unit shall be four hundred (400) square feet for
cottages and rental cabins and three hundred (300) square feet for each rental
dwelling unit in a multi-family dwelling unit building.
(e)
All riding academies located within the "RRG" Zone are conditional uses. In this Zone
an operation shall not exceed a production capacity of 9 Animal Units and shall not be
located within 300 feet of an existing cottage, campground or other form of
accommodation.
RM of Park Zoning By-law
27
PART 7: URBAN AREA ZONES
7.1
Urban Use Table
The following TABLES list the permitted and conditional uses and bulk regulations that apply
to all the urban zones listed in section 3.1 of PART 3.
TABLE 7-1: URBAN USE TABLE
LEGEND: "P" means Permitted Use
"C" means Conditional Use
"-" means Use Not Permitted
ZONES
USES:
"RG"
"RMH"
"CG"
"I"
"O/R"
"UT"
Accessory Uses, Buildings, and
Structures [See section 7.2 of this PART
and PART II: INTERPRETATION]
P
P
P
P
P
P
Agricultural General Uses, excluding
livestock and bees
-
-
-
-
-
P
Agricultural Implement Sales and
Service
-
-
C
-
-
-
Amusement Enterprises, including a
bowling alley, dance hall, theatres,
arcades
-
-
C
-
-
-
Animal Feed - Sales and Storage
-
-
C
-
-
-
Arenas, Sport Complexes Curling Rinks
-
-
C
P
C
-
Auction Mart, Non-Agricultural
-
-
C
-
-
-
Automotive Body Shop
-
-
C
-
-
-
Automotive Washing Establishment
-
-
P
-
-
-
Automobile and Recreational Trailer
Sales
-
-
P
-
-
-
Automobile Service Station, Trades
-
-
P
-
-
-
Bakeries
-
-
P
-
-
-
Banks
-
-
P
P
-
-
Botanical Gardens, Commercial
-
-
P
-
P
P
Building Contractors Yards and
Maintenance Yard
-
-
C
-
-
C
Bulk Propane Sales and Service
-
-
C
-
-
-
Bus Terminals
-
-
P
-
-
-
Café, Coffee Shop
-
-
P
-
P
-
Campgrounds
-
-
C
-
C
C
Carpenter Shops if conducted wholly
within a completely enclosed building,
but excluding wholesale manufacture
-
-
C
-
-
-
Child Care Facilities including Nurseries
P
P
P
P
-
-
Children's Rides, Water Slides and the
like
-
-
C
-
C
-
Church, Church Halls
P
P
C
P
-
-
Commercial Guest Ranches
-
-
C
-
-
-
Commercial Riding (Training Academies)
Enclosed
-
-
C
-
C
C
Commercial Malls
In the "CG" Zone, as well as other uses,
a Commercial Mall may contain,
bakeries, banks, craft shops, offices
(business and professional) and
personal shops
-
-
C
-
-
-
RM of Park Zoning By-law
28
TABLE 7-1: URBAN USE TABLE
LEGEND: "P" means Permitted Use
"C" means Conditional Use
"-" means Use Not Permitted
ZONES
USES:
"RG"
"RMH"
"CG"
"I"
"O/R"
"UT"
Commercial Resorts and Conference
Centres
-
-
C
-
C
-
Craft Shops
-
-
P
-
-
-
Drive-In Establishments where persons
are served in automobiles, such as
refreshment stands, fast food restaurants
and the like including drive through
-
-
C
-
-
-
Drive-In Theatres
-
-
C
-
-
-
Drop-in Centres
-
-
P
P
P
-
Exhibition Grounds
-
-
-
P
P
C
Existing Uses legally established prior to
the adoption of this By-law
P
P
P
P
P
P
Fertilizer (non-hazardous Solid and
Liquid only), Bulk Fuel Sales and
Storage
-
-
C
-
-
-
Fire Stations, Police Stations
P
P
P
P
P
-
Frozen Food Lockers used exclusively
for service to customers
-
-
P
-
-
-
Group Camps
-
-
C
-
C
C
Golf Courses
C
-
-
-
C
-
Golf Driving Ranges and Miniature Golf
-
-
C
-
C
C
Historical and Heritage Sites, including
cairns, commemorative structures and
buildings
P
P
P
P
P
P
Hospitals and Personal Care Homes
-
-
-
P
-
-
Hotels
-
-
P
-
-
-
Libraries
C
-
P
P
-
-
Landscape Contractors
-
-
-
-
-
C
Lumber Yards
-
-
C
-
-
-
Lumber Yards and Building Suppliers,
when contained within an enclosed
structure or fence and in conjunction with
which there is a retail sales outlet
-
-
C
-
-
-
Lumber Yards and Building Suppliers
when contained within building
-
-
P
-
-
-
Mobile Homes Sales and Service
-
-
P
-
-
-
Motels
-
-
P
-
-
-
Municipal Offices and Associated Uses
-
-
P
P
C
-
Museums
-
-
P
P
-
-
Non-profit Clubs and Lodges
-
-
P
-
-
-
Offices, Business and Professional
-
-
P
C
-
-
Outfitters (Limited)
P
C
P
-
-
C
Outfitters (Full Services)
-
-
C
-
-
C
Parks, Playgrounds, Lawn Bowling, Tot
Lots
P
P
P
P
P
C
RM of Park Zoning By-law
29
TABLE 7-1: URBAN USE TABLE
LEGEND: "P" means Permitted Use
"C" means Conditional Use
"-" means Use Not Permitted
ZONES
USES:
"RG"
"RMH"
"CG"
"I"
"O/R"
"UT"
Personal Service Shops
-
-
P
-
-
-
Planned Unit Development
C
-
C
C
C
-
Public Institutions and Buildings
C
C
C
P
-
-
Public Parking Areas [See section 5.16
of PART 5]
-
C
P
P
P
C
Public Picnic and Roadside Rest Areas
(excluding truck stop rest areas)
-
-
C
C
P
P
Public, Private and Parochial Schools
-
-
-
P
C
-
Public Reserves
P
P
P
P
P
P
Public Utilities and Services [See
subsections 2.1.5 and 2.1.6 of PART 2]
P
P
P
P
P
P
Recreational Trails
Non-Motorized, such as walking,
hiking, cycling and cross country
skiing
Motorized and Horse Drawn Wagon
C
C
C
C
P
C
P
C
P
C
P
C
Residences:
Dwelling units within the second
storey or within the rear one-half of
the first storey of a Commercial
Building
-
-
P
-
-
-
Single-Family Dwellings
P
-
-
-
-
C
Two-Family Dwellings
P
-
C
-
-
-
Multiple-Family Dwellings
C
-
C
-
-
-
Mobile Homes
-
P
-
-
-
-
Mobile Home Parks, Mobile Home
Subdivisions [See section 7.8 of this
PART]
-
P
-
-
-
-
Bed and Breakfast, Boarding and
Rooming Houses
C
-
-
-
-
-
Residential Care Facilities providing
residential services, care and
supervision for more than eight children
who are under the care of a child caring
agency as defined by the Child Welfare
Act or more than four adults who may be
post- mentally ill, mentally handicapped
or otherwise developmentally delayed
C
-
-
P
-
-
Restaurants
-
-
P
-
P
-
Retail Stores, when in conjunction with
another permitted or conditional use
-
-
P
-
P
-
Retail Stores
-
-
P
-
P
-
Service Shops (including, but not limited
to, plumbing, electric shops and trade)
-
-
P
-
-
-
RM of Park Zoning By-law
30
TABLE 7-1: URBAN USE TABLE
LEGEND: "P" means Permitted Use
"C" means Conditional Use
"-" means Use Not Permitted
ZONES
USES:
"RG"
"RMH"
"CG"
"I"
"O/R"
"UT"
Signs
See section 5.10 of PART 5
Storage Buildings
Commercial
-
-
P
C
C
C
Residential including skid or wheel
mounted trailers and soft wall
structures but not shipping
containers
P
P
-
-
-
-
Swimming Pools (Public), Wading Pools
(Public) and Water Parks
C
C
C
P
P
-
Tea Room Establishment
-
-
P
-
P
-
Tourist Information Booth
-
-
P
P
P
-
Truck Terminal
-
-
C
-
-
-
Travel Trailer and RV Parks
-
-
C
-
C
C
7.2
Accessory Uses, Buildings and Structures
(a)
In all Zones:
(i)
accessory off-street parking and loading areas as required and regulated in
section 5.16 of PART 5;
(ii)
signs (See section 5.10 of PART 5);
(iii)
home-based businesses in dwellings (See section 8.1 of PART 8);
(iv)
private garage, carports, covered patio, toolhouse, shed and other similar
buildings for the storage of equipment;
(v)
private communication facilities including parabolic antennae and radio masts;
and
(vi)
non-commercial on site wind turbine or solar generation.
(b)
In the Residential Zones:
(i)
children's playhouse, garden supply storage house, private greenhouse, private
conservatory and private swimming pools (open or enclosed);
(ii)
residential care facilities for four (4) or fewer children;
(iii)
bunk houses, accessory to a residence;
(iv)
guest houses and secondary suites accessory to a permanent residence in the
"RG" Zone subject to a conditional use application; and
(v)
personal riding horses (See section 8.4 of PART 8).
RM of Park Zoning By-law
31
(c)
In the Commercial Zone:
(i)
the operation, production, processing, cleaning, servicing, altering, testing, repair
and storage of merchandise normally incidental to a business and personal
service and mercantile occupancies if conducted by the same ownership as the
principal use; and
(ii)
dwelling units accessory to a commercial use and secondary suites subject to a
conditional use application.
(d)
In the Urban Transition Zone:
(i)
buildings or structures required for the operation and maintenance of an
agricultural activity;
(ii)
storage of goods used in or produced by agricultural activities;
(iii)
farm dwellings related to the agricultural activity; and
(iv)
non-rental guest houses and secondary suites accessory to a permanent
residence
7.3
Conditional Uses
Any use listed as a "Conditional Use", in TABLE 7-1 shall comply with the regulations set
forth in section 9.7 of PART 9: ADMINISTRATION.
7.4
Bulk Regulations
The Urban Bulk Regulations shall be as set forth in TABLE 7-2: URBAN BULK TABLE.
TABLE 7-2: URBAN BULK TABLE
PERMITTED OR
CONDITIONAL USES
ZONES
REQUIREMENTS
MINIMUM
MAXIMUM
Site Area
(sq. ft.)
Site
Width
(ft.)
(a)
Front
Yard
(ft.)
(a) (b) (c)
Side Yard
(ft.)
(a) (d)
Rear
Yard
Site
Coverage
(%)
Interior
Corner
Accessory Uses,
Buildings and
Structures(e) [See also
section 7.2 of this
PART]
RG
-
-
(f)
10
10(g)
10
10
CG
-
-
(f)
0(h)
(g)
2(h)
10
I
-
-
(f)
2(h)
(g)
2(h)
10
Agricultural General
Uses
UT
40 acres
500
25
25
25
25
N/A
Agricultural Implement
Sales and Service
CG
40,000
150
30(i)
10(i)
15(i)
10(i)
70
Automobile Laundry
Auto Service Station,
Auto Trades, and Auto
and Recreation Trailer
Sales Areas
CG
12,000
100
30(j)
10(j)
15(j)
25(j)
30
Bulk Propane Sales
and Service
CG
30,000
150
30(i)
10(i)
15(i)
25(i)
35
RM of Park Zoning By-law
32
TABLE 7-2: URBAN BULK TABLE
PERMITTED OR
CONDITIONAL USES
ZONES
REQUIREMENTS
MINIMUM
MAXIMUM
Site Area
(sq. ft.)
Site
Width
(ft.)
(a)
Front
Yard
(ft.)
(a) (b) (c)
Side Yard
(ft.)
(a) (d)
Rear
Yard
Site
Coverage
(%)
Interior
Corner
Commercial Malls
CG
43,560 (k)
200
30
10
15
25
35
Commercial Resorts
and Conference
Centres
CG
174,240
300
30
10
15
25
N/A
Drive-In Theatres
CG
174,240
300
30
10
15
25
N/A
Exhibition Grounds
I, UT
87,000
300
30
10
15
25
N/A
Golf
Courses
Driving Ranges
Miniature Golf
CG,UT
CG, UT
CG
-
-
-
-
-
-
30
30
30
10
10
10
15
15
15
10
10
25
-
-
-
Hospitals and Personal
Care Homes
I
87,000
150
30
10
15
25
60
Hotels
-central location
-highway location
CG
CG
15,000
43,560
50
125
0
30
0
10
0
15
25
25
90
50
Lumber Yard
(enclosed)
CG
15,000
100
0
0
0
10
80
Lumber Yards
(all other types)
CG
43,560
125
30
20
25
20
50
Motels
-central location
-highway location
CG
CG
25,000
43,560(l)
50
125
0
30
0
20
10
20
10
20
50
Mobile Home Sales
and Establishment
Service
CG
43,560
150
30
25
25
25
35
Parks, Playgrounds
-tot-lots
-recreation areas
RG, I
CG
6,000
20,000
50
100
30
30
10
20
20
25
20
20
35
Public Institutions and
Buildings
RG,CG
I
15,000
80
30(i)
10(i)
20(i)
25(i)
35
Public Parking Area
GC, I
6,000
50
5
1
1
5
85
Public, Private and
Parochial Schools
I, OR
5 acres
200
30
25
25
25
70
Public Utilities and
Services
RG,
RMH,
CG, I,
O/R,
UT
5,000
50
30(i)
15(i)
15(i)
10(i)
25
RM of Park Zoning By-law
33
TABLE 7-2: URBAN BULK TABLE
PERMITTED OR
CONDITIONAL USES
ZONES
REQUIREMENTS
MINIMUM
MAXIMUM
Site Area
(sq. ft.)
Site
Width
(ft.)
(a)
Front
Yard
(ft.)
(a) (b) (c)
Side Yard
(ft.)
(a) (d)
Rear
Yard
Site
Coverage
(%)
Interior
Corner
Residences:
Single-Family
Dwellings, Mobile and
Modular Home
Dwelling, Boarding or
Rooming, including
Bed and Breakfast
Serviced Site
RG
RMH
15,000
8,400
100
70
30
30
15
5(m)
15
15
30
25
25
20
Un-serviced Site
RG
RMH
2 acres
200
30
15
20
25
40
Holding Tank Site
RG
RMH
15,000
8,400
100
70
30
30
15
5(m)
15
15
30
25
25
20
Two-Family
Serviced Site
RG
12,000
150
30
6
15
25
25
Un-serviced Site
RG
2 acres
200
30
15
20
25
40
Holding Tank Site
RG
15,000
100
30
15
15
30
30
Multiple Family
Serviced Site
RG,CG
15,000 (n)
100
30
15
20
30
30
Un-serviced Site
RG,CG
2 acres (n)
200
30
15
20
30
45
Holding Tank Site
RG,CG
15,000 (n)
100
30
15
20
30
45
Truck Terminals
CG
80,000
150
40(i)
10(i)
25(i)
15(i)
65
Other Permitted or
Conditional Uses in
TABLE 7-1 (o)
CG
20,000
100
40(i)
20(i)
25(i)
20(i)
35
I
20,000
75
30
15
15
25
50
Serviced
CG
6,000
50
0
0
0
10
85
Un-serviced
CG
15,000
75
0
10
15
20
60
Serviced
RG
6,000
50
30
5
12
10
40
Un-serviced
RG
15,000
75
30
12
15
25
45
Explanations, Exceptions to the Bulk Requirements of TABLE 7-2 are as follows:
(a)
Buildings, structures and hedges adjacent to provincial roads, major provincial
highways and centers of intersections of same shall have a setback in accordance with
the Highway Protection Act and the Highway Department Act or as varied from time to
time.
RM of Park Zoning By-law
34
(b)
The commercial site side yard shall not be less than fifteen (15) feet or as required in
the TABLE, whichever is greater, where a Commercial Zone abuts a Residential Zone
or an Institutional Zone.
(c)
Where a dwelling unit is contained within a commercial building, the side yards shall
not be less than five (5) feet.
(d)
Where a dwelling unit is contained within a commercial building, the rear yard shall be
at least twenty (20) feet or greater if provided for in the BULK TABLE.
(e)
(i)
Accessory dwellings, when located in the "CG" or "I" Zone, shall have the same
bulk requirements as similar dwelling types in the "RG" Zone;
(ii)
There shall be a maximum of three (3) accessory buildings or detached
structures, such as a garage or storage shed on a residential site;
(iii)
Detached accessory buildings or structures (including swimming pools) shall
not be located in a front yard and there shall be no discharge of water from
swimming pools or hot tubs into septic fields; and
(iv)
Exterior construction materials and colour schemes for accessory buildings and
structures and fences shall be consistent or complementary with the principal
residence.
(f)
The minimum front yard requirement for accessory buildings and structures shall be
the same as the minimum front yard requirements for the principal use of the site.
(g)
When the accessory building or structure is located to the rear of the main building, the
minimum required side yard of the accessory building or structure on a corner or
reverse corner site on the street side shall be the same as the main building or
structure.
When an accessory building or structure is attached to the main building, then the
required yards of the accessory building or structure shall be the same as those of the
main building.
(h)
Where a garage has the vehicle entrance doors facing a lane, the garage must have a
required rear or side yard of ten (10) feet.
(i)
Gasoline pumps shall have a minimum required front, side and rear yard of twenty (20)
feet. Bulk propane tanks shall have a setback from all buildings and site lines as
required by Manitoba Labour and Immigration.
(j)
Gasoline pumps shall have a minimum required front, side and rear yard of fifteen (15)
feet. Bulk propane tanks shall have a minimum setback from all buildings and site
lines as required by Manitoba Labour and Immigration.
(k)
The first four (4) or less retail stores or offices require a minimum site area of forty-
three thousand and five hundred and sixty square feet (43,560). Maximum main
building area is twelve thousand and eight hundred (12,800) square feet. Each
additional retail store or office (maximum 1200 square feet) shall add an additional
minimum site area of eight thousand and seven hundred (8,700) square feet.
All other commercial uses connected to the Mall such as service stations or lumber
yards (enclosed) etc. shall have site areas as required in the URBAN BULK TABLE 7-
2, which shall be added to the basic forty-three thousand and five hundred and sixty
(43,560) square feet of required site area.
RM of Park Zoning By-law
35
Sewage disposal shall be by Municipal or private piped system or approved holding
tank.
Water supply shall be by Municipal or private piped system or approved well.
(l)
For motels located in a highway commercial area outside the urban central commercial
core the first five (5) motel units require forty-three thousand, five hundred and sixty
(43,560) square feet plus one thousand (1,000) square feet for each additional motel
unit in the "CG" Zone.
(m) The interior side yard for a two (2) storey dwelling shall be six (6) feet.
(n)
On a serviced lot for a multiple-family dwelling, the first one (1) to three (3) dwelling
units shall require a minimum site area of fifteen thousand (15,000) square feet and
four thousand (4,000) square feet of site area for each additional dwelling unit
thereafter.
On an un-serviced lot for a multiple-family dwelling, the first one (1) to three (3)
dwelling units shall require a minimum site area of two acres (87,120 square feet) and
four thousand (4,000) square feet for each additional dwelling unit thereafter.
(o)
Notwithstanding the bulk requirements of this TABLE, the required front, side and year
yards may be reduced to zero (0) feet for commercial buildings in the "CG" Zone,
subject to the requirements of the building and fire codes and approval of the Municipal
Development officer.
7.5
Dwelling Unit - Minimum Size
7.5.1
The minimum floor area of a single-family dwelling shall be nine hundred (900) square feet.
The minimum floor area of a two-family dwelling building shall be six hundred (600) square feet
per dwelling unit. The minimum floor area of a mobile home dwelling unit shall be eight hundred
(800) square feet.
7.5.2
The minimum floor area of a multiple-family dwelling shall be four hundred (400) square feet for
each dwelling unit.
7.5.3
The minimum floor area of a dwelling unit when contained in a commercial or institutional
building shall be four hundred square feet.
7.6
Area and Yard Requirements
7.6.1
Except as herein provided, the following special provisions shall apply in the "RG" Zone of this
PART to ensure adequate site and yard requirements:
(a)
For the purpose of side yard regulations, a semi-detached two-family dwelling, a row-
house or a multiple-family dwelling with common party walls shall be considered as one
(1) building occupying one (1) site; and
(b)
All required yards and other open space required for any use shall be located on
the same site as the use.
RM of Park Zoning By-law
36
7.6.2
Where sites comprising forty (40) percent or more of the entire frontage of the block (excluding
reversed corner sites) are developed with buildings, the average front yard depths established
by such buildings shall establish the minimum required front yard depths for the entire frontage
of the block provided such average is less than the minimum required front yard required in the
zone in which the site is located.
7.7
Outside Storage of Goods and Materials
7.7.1
There shall be no storage of merchandise or goods in the front and side yards in the "CG"
Commercial General Zone except for the following uses:
(a)
Automobile and trailer sales, automobile service station, agricultural sales and services;
and
(b)
Lumber yards may have storage of merchandise or goods in the rear yards.
7.8
Mobile Home Park Regulations
In addition to the preceding bulk requirements, the following requirements shall apply to
mobile homes and modular homes and their accessory buildings and structures in Mobile
Home Parks.
7.8.1
Minimum Park Size
A mobile home park shall contain a minimum of three (3) mobile home spaces and shall
have a minimum site width of two hundred (200) feet.
7.8.2
Buffer Area
A buffer area at least ten (10) feet in width shall be provided within and adjacent to the
perimeter of the mobile home park property and twenty (20) feet in width on the perimeter
which abuts a street.
7.8.3
Development of the Buffer Area
(a)
The buffer area provided in subsection 7.8.2 above shall be developed as an area
suitably landscaped with trees, shrubs, grass and similar horticultural features as
shown on the site plans submitted pursuant to subsection 7.8.11 of this section;
(b)
The buffer area may be crossed by an access right-of-way a minimum of fifty (50) feet
in width containing a concrete, gravel or asphalt driveway a minimum of twenty-five
(25) feet in width from a street to the internal roadway system; and
(c)
The buffer area shall contain no use other than permitted by clauses (a) and (b) above.
7.8.4
Location of Storage Compound
A storage compound shall not be located within the buffer area described in subsection 7.8.3
above and shall be located according to approved site plans.
RM of Park Zoning By-law
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7.8.5
Mobile Home Park Internal Roadway System
Internal roadways within a mobile home park shall be as follows:
(a)
The internal roadway system shall have a right-of-way a minimum of fifty (50) feet in
width; and
(b)
The internal roadway system shall be surfaced using concrete, asphalt or gravel a
minimum of twenty-five (25) feet in width.
7.8.6
Number of Mobile Homes
There shall not be more than one mobile home located on a mobile home space in a mobile
home park.
7.8.7
Distance from Storage Compound, Common Parking, Service Building
A mobile home shall be located a minimum distance of twelve (12) feet away from a storage
compound or a common parking area and twenty (20) feet from a service building in a mobile
home park.
7.8.8
Required Services for Mobile Home Space
A mobile home space shall be provided with the following:
(a)
an approved sewer connection;
(b)
an approved potable water supply system;
(c)
an electrical service outlet; and
(d)
an adequate base support for the mobile home.
7.8.9
Location of Accessory Buildings and Structures
Detached accessory buildings or structures shall be located only in the side or rear yard.
7.8.10 Accessory Structures and Buildings
All accessory structures and buildings such as detached carports and detached private
garages and storage facilities shall be built and maintained to a suitable standard so that
they will complement the main structure.
7.8.11 Site Plans - Requirements
Plans submitted to the Development Officer for approval of a mobile home park shall be
drawn to scale and fully dimensioned indicating landscaping, access roads, mobile home
spaces, buffers, storage compounds, common recreational area, retention of surface run-off
and parking; and shall include such other information as may be necessary to determine
conformance with this By-law.
7.8.12 Mobile Home Standards
All mobile homes must meet all structural standards as determined by The Buildings and
Mobile Home Act and amendments thereto.
RM of Park Zoning By-law
38
7.8.13 Required Services for Mobile Home Park
A mobile home park shall be provided with:
(a)
An adequate street lighting system, satisfactory to the Development Officer; and
(b)
Any other services that the Development Officer considers necessary for the public health
and safety.
7.8.14 Mobile Home Orientation on Lot
When locating a mobile home on a zoning site, the narrowest side of the mobile home must
be oriented towards the street unless the Development Officer authorizes a different
orientation of the building due to local site characteristics.
RM of Park Zoning By-law
39
PART 8: REQUIREMENTS FOR SPECIFIC USES
8.1
Home-based Businesses
A home-based business is an accessory use which is carried on for financial gain by an
occupant of a dwelling, and which shall be incidental or secondary to the principle residential
use, subject to the following requirements:
(a)
The business activity shall be conducted either in the dwelling, within an accessory
building, or, in the case of the agricultural zone, elsewhere on the same site, subject to
the provisions of this By-law;
(b)
The business activity shall be conducted by a person or persons residing in the
dwelling, and person(s) employed or otherwise engaged on the same site as the
business, who do not reside in the dwelling, may not exceed 2 in the "RR", "RRG", and
"RG" Zones and 5 in the "R/A" Rural/Agriculture Zone;
(c)
There shall be no exterior processing or storage in the "RR" Zone. In the "R/A" Zone
the location of all exterior processing and storage facilities within 350 feet of a property
boundary shall be subject to Council approval;
(d)
In the "RR", "RRG", and "RG" Zones, a maximum of 50% of floor area may be devoted
to the business activity;
(e)
In the "R/A" Zone, a maximum of 1000 square feet of floor area may be devoted to a
business or a maximum of 4000 square feet in a machinery storage building;
(f)
One business sign, either free standing or affixed to the wall of the principle or
accessory building, is permitted (See section 5.10 of PART 5);
(g)
The business activity shall not generate undue traffic or congestion, adversely affect
existing municipal infrastructure, adversely affect the amenity and convenience of the
surrounding area, or create a nuisance. In all residential zones, rural or urban the
residential character of the property shall be maintained;
(h)
A bed and breakfast shall be deemed to be approved as a permitted accessory use
and is not subject to the floor area limitations set out in subsection 8.1(d) above; and
(i)
Rental rooms in a private dwelling to a maximum of 2 bedrooms not exceeding 50% of
the residence without cooking facilities rented out on a temporary basis.
8.2
Livestock Operations
8.2.1
The provisions of this subsection shall apply to livestock operations, which shall be deemed
to include animal housing facilities such as barns and similar types of buildings along with
related manure storage facilities, and also to include feedlots and similar fenced areas where
livestock are confined solely for the purpose of growing and finishing, and are sustained by
means other than grazing, including seasonal feeding areas.
8.2.2
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 (800 m) of one another and are owned by the same individual,
corporate, partnership or other entity; or
RM of Park Zoning By-law
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(b)
located within ½ mile (800m) of one another and share a common manure storage
facility (regardless of ownership);
they are deemed to be a single livestock operation, and the total number of existing or
proposed animal units in each operation shall be added together for the purpose of
interpreting the requirements of this By-law.
8.2.3
Livestock operations including animal housing structures and manure storage facilities shall
be setback three hundred twenty-eight (328) feet from property lines.
8.2.4
To assist in the interpretation of this By-law, the total number of existing and proposed
Animal Units (AUs) cumulative across species, of a livestock operation, shall be determined
in accordance with TABLE 8-1 of this PART.
8.2.5
The provisions of this By-law are dependent upon a determination of the production capacity
of a livestock operation facility, which shall be based upon the intensity of use as measured
by Animal Units determined in accordance with TABLE 8-1 by multiplying the number of
animals that can be accommodated in the facility by the animal unit produced by one
livestock.
8.2.6
No manure storage facility shall be constructed or located within three hundred and twenty-
eight (328) feet of surface water which is standing or flows either perennially or intermittently
beyond the site of the facility.
8.2.7
Requirements for setback and separation distances, as provided for in this PART, shall be
measured from the closest point of the barn, feedlot or high density seasonal feeding area,
including any related manure storage facility, to the property boundary, residence, zoning
area boundary or water body, as the case may be.
RM of Park Zoning By-law
41
TABLE 8-1: ANIMAL UNIT SUMMARY TABLE
Animal
Type
AU Produced by
One Livestock
Livestock
Producing One AU
Dairy
Milking Cows, including
associated livestock
2.000
0.5
Beef
Beef Cows, including
associated livestock
Backgrounder
Summer pasture/replacement
heifers
Feeder cattle
1.250
0.500
0.625
0.769
0.8
2
1.6
1.3
Hogs
Sows, farrow to finish
Sows, farrow to weanling
Sows, farrow to nursery
Weanlings
Growers/finishers
Boars (artificial insemination
operations)
1.250
0.313
0.250
0.033
0.143
0.200
0.8
3.2
4
30
7
5
Chickens
Broilers
Roasters
Layers
Pullets
Broiler Breeder Pullets
Broiler Breeder Hens
0.0050
0.0100
0.0083
0.0033
0.0033
0.0100
200
100
120
300
300
100
Turkeys
Broilers
Heavy Toms
Heavy Hens
0.010
0.020
0.010
100
50
100
Horses
(PMU)
Mares, including associated
livestock
1.333
0.75
Sheep
Ewes, including associated
livestock
Feeder Lambs
0.200
0.063
5
16
Current conversion factors are from Manitoba Regulation 193/2005 being the Provincial Land
Use Policies Regulation. The regional agricultural engineer or livestock specialist of Manitoba
Agriculture, Food and Rural Initiatives may be consulted for other livestock or operation types
and interpretation of this TABLE.
NOTE: To calculate the number of AUs for a particular operation, multiply the AU produced by
one livestock by the number of animals. For example, for 200 animal beef cows
including associated livestock equals 1.25 x 200 = 250 AUs. Changes may be made
in this TABLE 8-1 by the Province, without requiring an amendment to this By-law.
8.2.8
Livestock Operations Deemed Conditional Uses
Livestock operations are deemed to be a conditional use when the size of the operation
reaches three hundred (300) or greater animal units (cumulative across species),
irrespective of location, except as identified in subsection 8.2.10 of this PART.
RM of Park Zoning By-law
42
8.2.9
Livestock Operations in Proximity to Residences and Designated Areas
The criterion outlined in TABLE 8-2, applies to all new and expanding livestock operations in
proximity to residences and designated areas as well as siting of new rural residences and
designated areas in proximity to existing livestock operations. These separation distances
may be varied by Council.
TABLE 8-2: MINIMUM SEPARATION DISTANCES FOR SITING LIVESTOCK OPERATIONS
Size of livestock
Operation or Animal
Housing Facility in
Animal Units (AUs)
Minimum Separation Distance (feet)
From Single Residences (a)
From Designated Areas (b)
To Earthen Manure
Storage Facility or
Feedlot
To Livestock
Buildings and
Structures (c)
To Earthen
Manure Storage
Facility or
Feedlot
To Livestock
Buildings and
Structures (c)
10-100
984
492
2,625
1,739
101-200
1,476
738
3,937
2,625
201-300
1,968
984
5,249
3,511
301-400
2,214
1,107
5,906
3,937
401-800
2,460
1,230
6,561
4,364
801-1,600
2,952
1,476
7,874
5,249
1,601-3,200
3,446
1,722
9,186
6,135
3,201-6,400
3,937
1,968
10,499
6,988
6,401-12,800
4,430
2,214
11,811
7,874
>12,800
4,922
2,460
13,123
8,760
(a)
Residences, excluding the residence of the owner/operator of the livestock operation.
(b)
"Designated Areas" means areas designated as a rural residential or rural recreation
general area and any settlement centre as designated in the Development Plan, the
corporate limits of a town, village or city and the limits of an unincorporated local urban
district.
(c)
The distance to buildings include barns, animal housing facilities, including seasonal
feeding areas and non-earthen manure storage such as a molehill, tank or other facility
not made out of earth for storing manure, and includes all permanent equipment or
structures in or by which manure is moved to or from the storage facility.
8.2.10 Livestock Operations Development in Buffer Areas
Notwithstanding the requirements of TABLE 8-2 that are applicable in all cases, there are
additional livestock operation buffer requirements adjacent to the designated urban
community of Onanole, the designated rural residential and rural recreation general areas,
the Little Saskatchewan River, and other water bodies. These requirements are included
herein.
(a)
The livestock requirements adjacent to the urban community of Onanole are as
follows:
(i)
there shall be no new livestock operations located within 2640 feet of urban
policy boundaries in Onanole. There are no existing livestock operations within
this area at date of adoption of the Development Plan; and
RM of Park Zoning By-law
43
(ii)
there shall be a maximum animal unit threshold of 300 animal units between
2640 feet and 5280 feet of the urban policy boundaries in Onanole for all new
operations. New and expansion of existing livestock operations over 200 animal
units are conditional uses. Existing livestock operations at the date of adoption
of this By-law may expand over 300 animal units.
(b)
Designated rural residential and rural recreation general areas are illustrated on Zoning
Maps 2 and 3 and the detailed maps. The livestock requirements are as follows:
(i)
there shall be no new livestock operations located within 1320 feet of the rural
residential or rural recreation general policy boundaries. All existing livestock
operations within this area (at the date of adoption of this by-law) may expand to
50 animal units as a permitted use; livestock operations between 50 and 100
animal units will require conditional approval and the maximum size for a
conditional use shall be 100 animal units; and
(ii)
there shall be a maximum animal unit threshold of less than 300 animal units
between 1320 feet and 5280 feet as a permitted use. All new and expanding
livestock operations of 300 animal units or greater shall be conditional uses.
(c)
Livestock operations adjacent to or near waterbodies will not be allowed within:
(i)
a distance of 330 feet of the ordinary high water mark of any surface
watercourse, surface water, sinkhole, spring, well and/or property boundary; nor
(ii)
within any riparian area; nor
(iii)
any 100 year high water level or flood plain adjacent to a surface water course.
This policy does not apply to existing livestock operations that are provided for
under Manitoba Conservation Livestock Manure and Mortalities Management
Regulations.
(d)
Livestock requirements around standing and running water bodies are as follows:
(i)
all new livestock operations of 100 animal units or greater shall be conditional
uses within 800 feet from all standing water bodies greater than 40 acres; and
(ii)
all new livestock operations shall be a conditional use within a distance of 800
feet of the ordinary high water mark of any permanent running water body (for
example, Little Saskatchewan River, Octopus Creek, Heron Creek, Whirlpool
River and their tributaries).
(e)
Livestock operations proposed adjacent to single-family residences other than
residences of the owner/operator of the livestock operation, shall also be subject to
the requirements of TABLE 8-2: MINIMUM SEPARATION DISTANCES FOR
SITING LIVESTOCK OPERATIONS from single residences. These separation
distances shall also apply to residences located adjacent to or near existing livestock
operations.
8.2.11 Application Requirements for New or Expanding Livestock Operations
(a)
Where approval for a new or expanding livestock operation is required, the application
shall be accompanied by, in addition to the information required by section 9.5
Development Permits of PART 9 herein:
(i)
site plans, specifications and descriptions, for
- the livestock housing facilities;
RM of Park Zoning By-law
44
- the manure storage facilities including storage and odour control; and
- available land for application of manure;
(ii)
a site plan showing the location of animal housing, manure storage and other
related facilities and their distances from property boundaries and surface
water; and
(iii)
type of existing and proposed livestock and number of Animal Units (AUs).
(b)
Council shall refer all applications for conditional use, for livestock operations involving
three hundred (300) or more animal units, together with all supporting material to the
Minister of Local Government for referral to the appropriate Regional Technical Review
Committee for review.
(c)
Applications for livestock operation under 300 animal units shall be received by the
Chief Administrative Officer (CAO) or the Development Officer of the Municipality.
The Officer shall review the application with respect to applicable Development Plan
policy and Zoning By-law requirements. Where no annual manure management plan
is required by the Province under regulation, the operation shall have access to the
amount of suitable land, recommended in the Farm Practices Guidelines, per animal
unit produced in order to have enough land for manure application requirements.
Complying permitted use operations shall receive an approved Development permit.
Operations that require conditional use approval shall be advised to apply for same.
These applications shall be processed using The Planning Act and the provisions of
this By-law found in PART 9 - ADMINISTRATION. Non complying applications may
mean rejection or the Development Officer may refer the application to Council,
depending on the issue, for a decision.
(d)
Council, in consultation with Manitoba Stewardship and Manitoba Agriculture, Food
and Rural Initiatives may require that an application for a new or expanding livestock
operation within a groundwater sensitivity area, as identified in Appendix "B",
Reference Map 2 of The Park Municipal Development Plan, be accompanied by, in
addition to other information contained in this PART and subsection 9.5.6 of PART 9
herein, and where adequate data is not available and it is deemed necessary to
provide the following information:
(i)
an engineering and hydro-geological assessment of soils, surface and
groundwater site features; and
(ii)
a description of mitigative measures to be undertaken to minimize the risk of
soil and groundwater pollution.
(e)
Council may approve a livestock operation subject to conditions as provided for in The
Planning Act, which consist of:
(i)
measures to ensure conformity with the applicable provisions of the
development plan by-law, the zoning by-law and any secondary plan by-laws;
(ii)
one or both of the following measures intended to reduce odours from the
livestock operation:
- requiring covers on manure storage facilities; and
- requiring shelterbelts to be established;
(iii)
requiring the owner of the affected property to enter into a development
agreement dealing with the affected property and any contiguous land owned
or leased by the owner, on one or more of the following matters:
RM of Park Zoning By-law
45
- the timing of construction of any proposed building;
- the control of traffic;
- the construction or maintenance - at the owner's expense or partly at the
owner's expense, of roads, traffic control devices, fencing, landscaping,
shelterbelts or site drainage works required to service the livestock operation;
and
- the payment of a sum of money to the Municipality to be used to construct
anything mentioned above pertaining to construction or maintenance.
8.3
Small-Scale and Non-Farm Residential Accessory Livestock Facilities
8.3.1
The animal confinement facilities, housing 9 or less animal units capacity, and any
associated manure storage facilities shall be set back a distance of six hundred (600) feet
from the designated urban community of Onanole, any designated rural residential and rural
recreation general areas and three hundred (300) feet from any dwelling, other than the
dwelling of the operator on the same site.
8.3.2
The farm or non-farm residential site area, upon which the confinement facilities are found, is
not less than five (5) acres in size, and require two (2) acres of land for each 0.75 animal unit
capacity, as determined by TABLE 8-1, to a maximum of 9 animal units.
8.3.3
Small amounts of livestock may be kept for only non-commercial purposes in Rural
Residential Designated Areas as provided for in TABLE 6-3 of PART 6.
8.4
Requirements for Keeping Personal Riding Horses on Residential Lots
Notwithstanding section 8.3 above, the following requirements shall apply to personal riding
horses on residential lots:
(a)
There shall be a maximum housing for two (2) personal horses per four (4) acres,
owned by the lot owner, and no boarding of non-personal horses shall take place;
(b)
The two (2) horses can remain on the residential lot from April 15 to October 31 of
each year. If a cottage owner is residing on a full time year round permanent basis,
the Council may allow the keeping of the horses on the lot year round provided
adequate arrangements are made for importing feed and exporting manure;
(c)
The four (4) acre lots shall be configured such that a maximum one and a quarter
(1.25) acres contains the dwelling unit, all accessory buildings and on-site water and
sewage systems. The remaining two and three-quarters (2.75) acres shall be used for
pasturing of the horses only. The one and a quarter (1.25) acres of cottage area on
the lot must be separated by a fence from the two and three quarter (2.75) acres
pasture area of the lot;
(d)
The dwelling unit and accessory horse accommodation building (hobby barn) must be
constructed prior to the horses being kept on the lot;
(e)
There shall be only one (1) accessory building associated with the horse keeping and it
must contain room for a maximum of two (2) horse stalls, a one (1) month supply of
feed and an area for tack storage. The building must be provided with a ventilation
fan. The building must be a minimum of four hundred (400) square feet and a
maximum of five hundred (500) square feet in total area of all floors and a maximum
height of fifteen (15) feet. There can be a small paddock area (maximum size thirty
(30) feet by thirty (30) feet developed adjacent to the building for fast exercise of the
horses;
RM of Park Zoning By-law
46
(f)
The accessory horse building (hobby barn) shall have a required rear yard of fifty (50)
feet. This building shall also be located to the rear of the front wall of the cottage and a
minimum of thirty (30) feet from the cottage;
(g)
The owner shall provide a three (3) foot high perimeter fence around the pasture area
and a three (3) foot high fence around the paddock area, if one is developed. If the
accessory horse building does not lead directly into the pasture or paddock, a thirty-six
(36) inch high fence must be constructed around the cottage and accessory building
area of the lot. The fence must be constructed of wooden posts or rails and be of a
design satisfactory to Council;
(h)
The owner must have a current agreement with an owner of suitable agricultural land
for the disposal of manure produced by the horses;
(i)
The owner must dispose of all stored manure that is produced by the horses a
minimum of once every three (3) weeks. The horses are to be confined to the corrals
and barn and pasture as required by Council. This manure must be disposed of on the
agricultural land under agreement. There shall be no burning of bedding straw or
manure;
(j)
Manure shall not be stored within fifty (50) feet of any property line. Manure piles shall
be stored behind the accessory horse building (hobby barn) or on the two and three
quarter (2.75) acre pasture part of the lot, and a minimum of fifty (50) feet from the
dwelling unit and three hundred (300) feet from a well or as required by the Province;
and
(k)
The dwelling unit portion of the lot shall be landscaped with trees or other buffer
material and the pasture portion of the lot shall be managed in a manner that maintains
a healthy vegetative cover and controls levels of accumulation of manure to levels that
can be used by the vegetation and soil without undue odour as required by Council.
8.5
Special Limitations Governing Development of Farm Buildings, Structures and
Dwellings
8.5.1
No building, dwelling, mobile or modular home shall be constructed or located within one
thousand five hundred (1,500) feet of the site of any municipal sewage lagoon and one
thousand five hundred (1,500) feet of a solid waste disposal site.
8.5.2
No building, dwelling, mobile or modular home shall be constructed or located within five
hundred (500) feet of a commercial bulk fuel facility or a farm bulk chemical supply facility
and one thousand (1,000) feet of an inland grain terminal and two thousand six hundred forty
(2,640) feet of a stationary anhydrous ammonia storage tank.
8.5.3
No building, dwelling, mobile or modular 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, mobile or modular home, a separation distance of
five hundred (500) feet shall be provided between the building location and any active mining
area.
8.5.4
Any proposal to establish any building, dwelling, mobile or modular home or farm building or
structure which exceeds a building height of ten (10) feet, or to establish a shelterbelt or
similar obstruction within the flight approaches of any aircraft landing area for a distance of
one (1) mile, shall be deemed to be a conditional use, and shall be subject to the approval of
Council.
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8.6
Hazardous Materials Storage
8.6.1
No bulk farm chemical supply warehouse, commercial bulk fuel facility or fertilizer storage
facility shall be located within five hundred (500) feet of a building used for human occupancy
or individual residence and no inland grain terminal shall be located within one thousand
(1,000) feet of a building used for human occupancy or individual residence.
8.6.2
A stationary anhydrous ammonia storage tank with a storage capacity exceeding two
thousand (2000) imperial gallons shall not be located within:
(a)
Two thousand six hundred forty (2,640) feet of the designated urban community of
Onanole;
(b)
Three hundred twenty-eight (328) feet of a municipal road or provincial highway; and
(c)
Five hundred (500) feet of a single dwelling site unless a reduced separation is
recommended by the Provincial Government.
8.7
Variation of Separation Distances
Minimum separation distances may be reduced through the application for a minor variation
or variation order as prescribed in PART 9 of this By-law and The Planning Act.
8.8
Proximity of Air Landing Strips to Buildings and Structures and Other Designated
Areas
All approved air landing strips when being located in close proximity to buildings or structures
or zoned urban, rural residential or rural recreation general lands, whether on the same
property or adjoining property, shall be governed by the recommended Federal (Transport
Canada) regulations or recommended guidelines. This requirement is reciprocal when
locating buildings or structures and these designated area zones with respect to air landing
strips.
8.9
Location of Automobile Wrecking Establishments
An automobile wrecking establishment shall not be located within one-half (0.5) mile of a
Provincial Trunk Highway or one (1) mile of a designated urban area, rural residential or a
rural recreation general area.
8.10
Storage of Derelict Vehicles
(i)
Subject to clause (ii), there shall be no storage of derelict automobiles, parts, other
machinery, or products in any required front, side or rear yard within a rural zone,
except in a waste disposal ground or an automobile wrecking establishment; and
(ii)
Where there is storage of derelict automobile parts and other machinery outside of a
building, a continuous compact hedge or continuous row of evergreen trees expected
to attain a height of not less than six (6) feet, or a six (6) foot high fence or berm shall
be provided and maintained along the periphery of the storage area in a manner that
conceals the stored materials from any public street or road or an adjacent land use.
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8.11
Travel Trailer Use
A travel trailer shall not be used as a dwelling unit within any Residential Zone on sites other
than where it is permitted as temporary seasonal accommodation (e.g. campgrounds, group
camp, hunting and fishing lodges). The travel trailer may be temporarily used for
accommodation on a site where an owner is currently constructing a dwelling unit. The
travel trailer cannot be used for temporary accommodation on such a site for more than one
year from the date of the permit issued for the dwelling unit.
8.12
Condominium Subdivision of Land
Notwithstanding the provision of this By-law, the following regulations shall apply to
condominium development:
(a)
Existing bare land unit developments as described in the Condominium Act of the
Province of Manitoba, and any existing structure situated on any such unit shall be
deemed to comply with the bulk regulations of the applicable zone;
(b)
A bare land unit title is a zoning site; and
(c)
New development, any structural alteration or any replacement to any existing
structure shall conform in all respects to the bulk regulations (including site area and
yards) as set out in the bulk regulations of the applicable zone.
8.13
Multiple Uses
Where any land or building is used for more than one purpose or use, all provisions of this
By-law relating to each use shall be satisfied. Where there is conflict such as in the case of
site area and site frontage, the higher or more stringent requirement shall prevail. In some
cases, as determined by Council, the site area requirement may equal the sum of site area
requirements for all uses.
8.14
Commercial Resort, and Conference Centre Development Provisions
8.14.1 Where the proposed development consists of a number of single cottage dwellings on the
site, each served by individual septic fields, each dwelling shall be on a minimum space area
of two (2) acres. Yards must provide suitable aesthetics and privacy such as cottage
dwelling sites have in the Rural Recreation General Zone. Where Provincially approved
holding tanks or low pressure piped sewage systems or Provincially approved biological
sewage systems or where a Provincially approved Municipal piped sewage system servicing
the entire development is being proposed, the space area required for each dwelling location
may be reduced, as permitted by the Provincial Environmental Officer, to a minimum of
fifteen thousand (15000) square feet;
8.14.2 Where the proposed development consists of one or more buildings, each served by
individual septic fields, with each building containing two, three, or four dwelling units
(maximum 4 dwelling units), each building with two dwelling units shall be located on a
minimum space area of two (2) acres, plus twenty thousand (20,000) square feet of
additional space area for each additional dwelling unit contained within the building. Yards
must provide suitable aesthetics and privacy. Where Provincially approved holding tanks, or
low pressure sewage systems, or Provincially approved biological sewage systems or where
a Provincially approved Municipal piped sewage system servicing the entire development is
being proposed, the space area required for the location of each building may be reduced,
as permitted by the Provincial Environmental Officer, to a minimum of twenty thousand
RM of Park Zoning By-law
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(20,000) square feet for a building with two dwelling units and an additional five thousand
(5,000) square feet for each additional dwelling unit contained in the building.
8.14.3 The development shall be treated as a Planned Unit Development in order to allow flexibility
in design. In all cases, the overall site area shall be as required in the Bulk Table.
8.15
Wind Turbine Generator Station Development Provisions
In addition to the other requirements in this Zoning By-law found in TABLES 6-1 and 6-2 of
PART 6, the following provisions shall apply to the development of Wind Turbine Generator
Stations (WTGS) as conditional uses on sites within the "R/A" Zone. Agricultural land uses
may co-exist with (WTGS) on these parcels.
(a)
Proponents of a (WTGS) are responsible for obtaining any required Federal and/or
Provincial permits or approvals from agencies such as but not limited to Transport
Canada, NAV Canada, Manitoba Hydro, Manitoba Infrastructure and Transportation
and Manitoba Conservation, prior to the issuance of a development permit;
(b)
Proponents of a wind turbine generator station (WTGS) shall submit, to the
Development Officer a detailed site plan showing the location of all wind turbines,
electrical lines (above or below ground), on-site roads and driveways providing access
to the public road system as part of the conditional use application. Proposals for
additional infrastructure will require additional conditional use approval;
(c)
A conditional use application to establish one or more wind turbine generator station(s)
(WTGS) may include one or more turbine(s) on a parcel of land or a network of
turbines and associated structures located on different parcels of land at different
locations in the municipality respectively, provided that all structures will be operated
by the same corporate entity. For the purposes of this By-law, an application involving
more than one parcel of land and (WTGS) shall be processed as one application, with
the provision that a separate conditional approval shall be issued for each separate
parcel of land and/or (WTGS);
(d)
When locating a proposed wind turbine in the vicinity of any registered or certified
airport all Transport Canada regulations or recommendations for certified airports
regarding height and location of surrounding buildings and structures shall be followed;
(e)
A development permit shall be obtained prior to the commencement of construction;
(f)
The colour scheme of a commercial wind turbine and associated signage affixed to the
structure shall be subject to the approval of Council. Any illumination of the facility
shall be arranged so that it does not create glare at any nearby property or public
roadway. Both of these items must be dealt with in a manner consistent with any
applicable Federal Government regulations;
(g)
All private single wind turbine systems located on the same site and in direct support of
either a permitted or conditionally approved single private agricultural activity or private
residential activity shall be treated as an accessory structure. This structure shall be
set back from the property line a minimum distance equal to its total height, measured
from the ground to the extent of its rotors; and
(h)
The WTGS facility shall be separated by a distance of two thousand six hundred and
forty feet (2,640 feet) from any designated Wildlife Management Area, Provincial Park
or Federal Park.
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8.16
Camping and Tenting Grounds
Any application for a camping and tenting ground development, including a trailer park for
seasonal recreation use, shall be submitted to Council for their consideration and approval
prior to the issuance of a development permit and accompanied by a detailed plan showing
the size, spacing and separation of individual campsites or trailer sites, and the proposed
methods of water supply and sewage collection, and the proposal shall be subject to the
review and approval by Council with respect to all of these matters. As a guide, where
approved piped or campground owned holding tank sewage disposal and piped water
supplies are provided on individual camping spaces, the space area, yards, perimeter
buffers, roads and space service and hook-ups requirements of the camping space and
campground shall be similar to those of Mobile Home Park Regulations found in section 7.8
of PART 7. Besides this, all Provincial requirements for public washrooms and other public
facilities must be met. These requirements shall apply as well in more primitive
campgrounds, especially the Provincial requirement for public washroom facilities of an
approved amount and size and trailer dump stations. The camping spaces may be smaller,
to a recommended minimum of 3500 square feet and 40 feet of frontage if on-site sewage
facilities are not provided or allowed, other than portable built-in facilities in the recreation
vehicle.
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PART 9: ADMINISTRATION
9.1
Administration and Enforcement
Council of The Rural Municipality of Park is responsible for the administration and
enforcement of this By-law and will proceed as provided in PARTS 9 and 10 herein.
9.2
Responsibilities of Council
Subject to the provisions of The Planning Act, the Council of The Rural Municipality of Park
is responsible for the enactment or repeal of this By-law in accordance with the provisions of
The Planning Act and:
(a)
Considering the adoption or rejection of proposed amendments to this By-law;
(b)
Considering the approval or rejection of applications for conditional use and variations;
(c)
Considering the revocation of any approved conditional use as a result of any violation
by the owner of any conditions specified by Council on the conditional use order; and
(d)
Establishing a schedule of fees as provided for in section 9.9 of this PART.
9.3
Responsibilities of the Development Officer
Subject to the provisions of The Planning Act, the Development Officer shall be the
designated employee or officer appointed by The Rural Municipality of Park who shall:
(a)
Receive and review applications for development permits;
(b)
Issue development permits and otherwise administer and enforce the provisions of this
By-law and The Planning Act, where the proposed development of land, buildings or
structures conforms with this By-law, other by-laws of The Rural Municipality of Park,
and any applicable regulations of the provincial and federal governments;
(c)
Receive and process applications for amendments to this By-law, conditional use
orders and variation orders;
(d)
Issue zoning memoranda and any other documents as may be necessary for the
administration and enforcement of this By-law;
(e)
Allow or refuse minor variations (up to 10%) of any height, distance, area, size or
intensity of use requirement in this By-law and the number of parking spaces required
by this By-law as authorized by and in accordance with the provisions of The Planning
Act; and
(f)
Exercise the powers of remedy and enforcement set out in PART 10 herein.
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9.4
Responsibilities of the Owner
Subject to the provisions of The Planning Act, the Owner is responsible for:
(a)
The preparation of all applications, forms and drawings which are required to be
submitted to the Development Officer in accordance with the provisions of this By-law
and The Planning Act;
(b)
Obtaining all necessary permits and approvals which may be required by The Rural
Municipality of Park, or any agencies or departments of the provincial or federal
governments, prior to the commencement of construction, or the change of use of any
land, building or structure;
(c)
Ensuring that all work is completed in accordance with the approved application and
development permit;
(d)
Obtaining the written approval of the Development Officer before doing any work at
variance with the approved development permit; and
(e)
Permitting the Development Officer to enter any premises at any reasonable time for
the purpose of administering or enforcing this By-law, and shall not molest, obstruct, or
interfere with the Development Officer in the discharge of his duties under this By-law.
9.5
Development Permits
9.5.1
A development permit is required for any of the following:
(a)
Subject to subsection 9.5.2 of this PART, the erection, construction, enlargement,
structural alteration or placing of a building or structure;
(b)
The establishment of a use of land or a building or structure;
(c)
The change of a use of land or a building or structure from the existing use to a use
which is not a permitted use; and
(d)
The alteration or enlargement of an approved conditional use.
9.5.2
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 for in subsection 9.5.3 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 and
similar approvals.
9.5.3
A development permit is not required for the following:
(a)
The erection, construction, enlargement, structural alteration or placing of the following
as accessory structures:
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(i)
fences,
(ii)
lighting,
(iii)
flagpoles,
(iv)
sheds and buildings for the storage of domestic equipment and supplies, except
those with a floor area of one hundred and fifty (150) square feet or more,
(v)
non-commercial communications aerials or antennas,
(vi)
garden houses or children's playhouses,
(vii) unenclosed patios; and
(b)
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.
9.5.4
Notwithstanding the development permit exemptions listed in subsection 9.5.3 of this PART,
all such exempted activities shall be subject to all other requirements of this By-law and of
any government department, including permits for development within the highway control
areas adjacent to Provincial Trunk Highways and Provincial Roads.
9.5.5
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.
9.5.6
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 and built on;
(b)
The location and dimensions of existing buildings and structures and their distances
from property lines;
(c)
The location and dimensions of the proposed building, structure, enlargement or
alteration, including separation distances from site boundaries;
(d)
The use or uses of each existing and proposed building and structure, or of the land,
and the area to be occupied by each use;
(e)
Vehicular access and utility connections;
and shall include any other information required by the Development Officer to determine
compliance with, and to provide enforcement of, this by-law.
9.5.7
An application for a development permit shall be accompanied by the fee prescribed by the
Park Municipal Council.
9.5.8
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 Park Municipal Development Plan,
Municipal Building By-law, or with any other by-law.
9.5.9
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.
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9.5.10 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.
9.5.11 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 Municipal Building By-law, or any other by-law;
or
(b)
Where the development permit was issued in error.
9.6
Application for Amendment
9.6.1
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.
9.6.2
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.
9.6.3
An application for an amendment to this by-law shall be accompanied by the fee prescribed
by the Council of The Rural Municipality of Park.
9.6.4
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 an amendment.
9.6.5
On receipt of an application for amendment, Council may, prior to the hearing date
prescribed under The Planning Act, refer the application to Manitoba Local Government or
any other department or agency for its review and comment.
9.7
Application for Variances and Conditional Uses
9.7.1
An application for a variation 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.
9.7.2
An application for a variation or approval of a conditional use shall be accompanied by the
plans and information described in subsection 9.5.6 of this PART.
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9.7.3
An application for a variation or approval of a conditional use shall be accompanied by the
fee prescribed by the Council.
9.7.4
Where an application for a variation or conditional use has been submitted, a public hearing
shall be held by the Council, to receive representations from any person with respect to the
proposal, and notice of the public hearing shall be given as required by The Planning Act.
9.7.5
On receipt of an application for a variation 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 Manitoba Local Government or any other department or authority for its review
and comment.
9.7.6
Council shall either approve or deny the variation or conditional use, and may establish
conditions of approval appropriate to the circumstances, in accordance with the provisions of
The Planning Act.
9.7.7
Council may subsequently revoke any approved conditional use as a consequence of any
violation of conditions specified at the time of approval.
9.7.8
The validity of a conditional use or variation shall expire and cease to have any effect if it is
not acted upon within twelve (12) months of the date of the approval by Council unless the
approval is renewed prior to the expiry, at the discretion of Council, for an additional period
not exceeding twelve (12) months.
9.7.9
Except as provided for in subsection 2.2.2 of PART 2 herein, any change in the
circumstances of a conditional use shall be subject to the provisions of subsections 9.7.1 to
9.7.8 herein and the provisions of The Planning Act.
9.8
Development Agreements
9.8.1
In accordance with the provisions of The Planning Act, as a condition of amending the
Zoning By-law, making a variation order or approving a conditional use, Council may, under
The Act, unless otherwise provided, require the owner of the affected property to enter into a
development agreement with The Rural Municipality of Park in respect of that land as well as
contiguous land owned or leased by the applicant.
9.8.2
Where an application is made for the subdivision of land, Council may require the owner or
the person entitled to be registered as owner of the land to enter into a development
agreement with The Rural Municipality of Park, in accordance with the provisions of The
Planning Act.
9.8.3
A development agreement may contain provisions with respect to the responsibilities for the
provision of various services and other improvements, such as water and sewer piping, lot
grading and drainage, street construction, and other matters as provided for in The Planning
Act.
9.9
Fee Schedule
9.9.1
The fees shall be as established by Council for any amendment, conditional use order,
variation order, zoning memorandum or non-conforming use certificate to this By-law.
9.9.2
The Council shall, by by-law, establish a fee schedule for development permits and other
charges to be paid by any person for services rendered by any employee of the Municipality.
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PART 10: ENFORCEMENT
10.1
By-law Contravention
No person shall contravene this By-law or an Order of the Development Officer or the
Municipality, and, any person who contravenes this By-law, is guilty of an offence, and, if the
By-law does not provide a penalty, is liable on summary conviction to a fine or imprisonment,
or both, as provided by The Planning Act.
10.2
Entry for Inspection and Other Purposes
10.2.1 The Development Officer may, after giving reasonable notice to the owner or occupier of
land or a building or other structure to be entered:
(a)
Enter the land, building or structure at any reasonable time for the purpose of
inspection, enforcement and or action authorized by this by-law or The Planning Act;
(b)
Request that anything be produced to assist in inspection, remedy, enforcement or
authorized action;
(c)
Make copies of anything related to the inspection, remedy, enforcement, or authorized
action; and
(d)
On providing a receipt, remove a record, document or other item related to the
inspection.
10.2.2 The Development Officer must display or produce on request identification showing his or
her official capacity.
10.2.3 In an emergency or in extraordinary circumstances, the Development Officer need not give
reasonable notice or enter at a reasonable time and may do the things referred to in clauses
10.2.1 (a) and (c) of this PART without the consent of the owner or occupant.
10.3
Order to Remedy Contravention
10.3.1 If the Development Officer finds that a person is contravening this By-law or The Planning
Act, the Development Officer may by written order require the person responsible for the
contravention to remedy it if, in the opinion of the Development Officer, the circumstances so
require.
10.3.2 The order may:
(a)
Direct a person to stop doing something, or to change the way in which the person is
doing it;
(b)
Direct a person to take any action necessary to remedy the contravention, and, if
necessary, to prevent a reoccurrence of the contravention;
(c)
State a time within which the person must comply with the order; and
(d)
State that if the person does not comply with the order within the specified time, the
Municipality may take any action required to remedy the contravention, at the expense
of the person.
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10.4
Enforcement and Penalties
10.4.1 The enforcement of this By-law or any resolution or order enacted by the Council under The
Planning Act or any regulation made thereunder shall be in accordance with The Planning
Act.
10.4.2 Any penalty imposed for a violation of this By-law shall be in accordance with The Planning
Act.
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PART 11: INTERPRETATION
11.1
Footnotes
The footnotes are part of this by-law.
11.2
Permitted Uses
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 for the same zone.
11.3
Definitions
11.3.1 Terms not defined in this By-law which are defined in The Planning Act, have the meaning
provided in The Act.
11.3.2 Where the following terms appear in this By-law they have the meaning provided as follows:
"Accessory building, structure or use", means a building, structure or use which:
(a) Is subordinate to, incidental to, and serves the principal building, structure or use;
(b) Is customarily subordinate in area, extent, or purpose to the principal building, structure
or use served;
(c) Contributes to the comfort, convenience or necessity of occupants of the principal
building, structure or use served; and
(d) Is located on the same zoning site as the principal building, structure or use served, with
the single exception of such accessory off-street parking facilities as are permitted to
locate elsewhere than on the same zoning site with the building, structure or use served.
"Accessory", when it is used in this By-law, shall have the same meaning as accessory use.
"Act, Planning", means The Planning Act, C.C.S.M. c P80.
"Agricultural activities, general", means a use of land for agricultural purposes including
pasturage, the production of field crops, agriculture, apiculture, floriculture, horticulture and the
necessary accessory uses for packing, storing or treating the produce, provided however, that
the operation of any such accessory uses shall be secondary to that of the normal agricultural
activities. Such activities do not include the following:
(a)
livestock operations;
(b)
storage, handling or processing of agricultural products for the general public in return for
remuneration; and
(c)
sales or servicing (in return for remuneration) of agricultural equipment or agricultural
buildings.
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"Agricultural activities, specialized", means agricultural activities such as apiculture,
floriculture, horticulture and activities of a like nature which do not require large acreages of
land which provide a major component of household income.
"Agriculture Implement Sales and Services", means a building and open area, used for
display, sale or rental of new or used farm implements and where incidental repair work is
done.
"Agriculture Related Industries", means industries that provide support services for
agricultural activities and includes seed cleaning plants, grain elevators, fertilizer plants, feed
mills, auction marts, implement sales and service, and bulk fuel and fertilizer.
"Aircraft Landing Strip", means any area of land which is used or intended for use for the
landing or take off of aircraft, along with any appurtenant areas used or intended for use as
airport buildings or other airport facilities or rights-of-way, including taxiways, aircraft storage or
tie-down areas, hangars and other related buildings and open spaces.
"Alteration", means a change or modification to an existing building, structure or use.
"Alteration, structural", means, for the purpose of this By-law, any change which would tend
to prolong the life of the supporting members of a building or structure, such as bearing walls,
columns, beams or girders.
"Automotive Body Shop", means a building wherein the repair and painting of vehicles takes
place.
"Automotive Washing Establishments", means a building or portion thereof wherein
facilities are provided for the washing, cleaning and polishing of motor vehicles.
"Automobile, mobile home or trailer sales area", means an open area, used for the display,
sale or rental of new or used automobiles, mobile homes or trailers, and where repairs are
made they shall generally be done within a completely enclosed building.
"Automobile service station", means a building or portion thereof and land used for
supplying fuel, oil and minor accessories and making repairs to motor vehicles at retail direct to
the customer, and where repairs are made, they shall generally be done within a completely
enclosed building.
"Basement", means that portion of a building between two floor levels which is partly
underground but which has at least one half of its height from finished floor to finished ceiling
above adjacent finished grade as approved.
"Bed and Breakfast Establishment", means a single family dwelling unit in which overnight
accommodation and breakfast is served for a fee, to a maximum of 10 people, other than
family members at any one time, and wherein the accommodation is provided in bedrooms
only and meals are served from the existing kitchen/dining room area of the dwelling unit, and
the rooms used for accommodation of clients do not contain individual self contained cooking,
and cooking of any form is prohibited in the rooms.
"Building", means, for the purpose of this By-law, a structure having a roof supported by
columns or walls for the housing or enclosure of persons, animals or chattels.
"Building, height of", means the total number of storeys in the building or 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 or to the mean height level between eaves and ridge for a gable, hip or
gambrel roof.
"Building, principal", means the structure in which the principal use of the site is conducted.
RM of Park Zoning By-law
60
"Bulk", means the term used to describe the size of a building or structure or land, and their
relationship to each other, and therefore includes:
(a)
The size (including height of building and floor area) of buildings or structures;
(b)
The size of the zoning site (including area and width of site) upon which a
building is located, and the number of dwelling units or rooms within such
building in relation to the size of the zoning site;
(c)
The location of exterior walls of buildings in relation to site lines, or to other
buildings; and
(d)
All open areas relating to buildings or structures and their relationship thereto.
"Bunk House", means a portable detached non-commercial building excluding a mobile home
which is accessory to a dwelling unit or a rural non-farm residence and is used for temporary
sleeping accommodations only and not exceeding four hundred (400) square feet in floor area
without cooking facilities or indoor plumbing facilities.
"Camping and tenting grounds", means an area of land designed and improved to
accommodate travel trailers, motor homes, tent trailers, tents and other camping
accommodations on a temporary basis for recreation and vacation purposes.
"Cellar", means that portion of a building between two floor levels which is partly or wholly
underground and which has more than one-half of its height, from finished floor to finished
ceiling, below adjacent finished grade as approved.
"Cemetery", means land for the burial of the deceased and dedicated for cemetery purposes,
including columbaria, crematoria, mausoleums and mortuaries, when operated in conjunction
with and within the boundaries of such cemetery.
"Commercial Mall", means a commercial building consisting of a number of retail stores,
service outlets and offices that are compatible in nature, are connected by common walls and
are allowed in the Zone, all of which may be owned and operated by the owner, or may be
leased or rented space to other business operators. The mall also includes common parking
facilities, and may include free standing structures on the same site which are accessory and
compatible to the mall and which are owned by the mall owner or under a lease arrangement.
The mall is designed to serve area markets and tourists and may be theme designed and
landscaped to exemplify the area it serves.
"Commercial Riding/Training Academies (Enclosed)", means an indoor facility for training
and managing horses in order to develop equestrian skills in riding horseback.
"Conditional use", means for the purpose of this By-law, a use which, because of its unique
characteristics and the impact which it may have on nearby premises, will be subject to special
consideration and approval procedures which will take into account the public need for the
proposed use at a given location, as well as any mitigative measures deemed appropriate by
Council.
"Conference Centre", means a building or group of buildings and accessory buildings and
structures within which conferences and courses are conducted for various organizations.
"Council", means the Council of The Rural Municipality of Park.
RM of Park Zoning By-law
61
"Day care", means as follows:
(a)
Group day care, means the provision of child care services to nine (9) or more
children not over the age of twelve (12) in a provincially licensed facility with
access to an outdoor recreation area; and
(b)
Home day care, means the provision of child care services in a family dwelling
unit with access to an outdoor recreation area, in which the owner or tenant
resides, or churches or halls, to children, including the children of the owner or
tenant, not over twelve (12) years of age. The number of children shall not
exceed eight (8). Determination of licensing shall be the responsibility of the
owner/operator of the service and the provincial authority.
"Development Officer", means a designated employee or officer appointed by The Park
Municipal Council who is responsible for those duties as provided for herein.
"Drive-In establishment", means an establishment with facilities for attracting and servicing
prospective customers travelling in motor vehicles, which are driven onto the site where the
customer may or may not receive service in the vehicle.
"Dwelling", means a building or portion thereof designed for residential occupancy, whether
cottage or cabin, whether used as a secondary or intermittent place of residence, whether for
seasonal vacations occupancy, recreational purposes, or seasonal retirement homes, but not
including hotels or motels.
"Dwelling unit", means one or more rooms used or intended to be used for residential
purposes as a single housekeeping unit with cooking, sleeping and sanitary facilities, including
units built completed on-site by conventional construction methods as well as ready-to-move
(RTM) units built off-site and moved on-site. Such dwellings are built to a national building
code standard on a permanent foundation and ready for residential occupancy.
"Dwelling unit floor area", means the gross horizontal floor areas measured from the exterior
faces of exterior walls, or from the centre line of partitions of habitable rooms or spaces in a
dwelling unit used for living, sleeping, cooking or eating purposes, except spaces in a
basement or cellar used for mechanical or heating equipment.
"Dwelling, farm", means a single family dwelling, mobile or modular home which is the
principal residence of the owner or operator of a permitted or conditionally approved
agricultural activity, and which is located on the same site or a new site taken from the
agricultural activity.
"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 "R/A"
Rural/Agriculture and "UT" Urban Transition Zones.
"Dwelling, single-family", means a detached building designed, used or intended to be used
exclusively for occupancy by one (1) family.
"Dwelling, two-family", means a detached building designed, used or intended to be used by
two (2) families, with each family having exclusive occupancy of a dwelling unit.
"Dwelling, multiple-family", means a building containing three or more dwelling units, with
each family having exclusive occupancy of a dwelling unit.
"Dwelling, semi-detached", means one or a pair of two attached single-family dwellings
divided in whole or in part by a common vertical wall, each of which has an independent
entrance either directly from the outside or through a vestibule.
RM of Park Zoning By-law
62
"Dwelling, duplex", means a two-family dwelling that is divided horizontally into two separate
dwelling units each of which has an independent entrance either directly from the outside or
through a common vestibule.
"Enlargement", means an extension, expansion, addition, or an increase in the total amount
of existing floor area of all levels used for an existing use within an existing building.
"Existing", means existing on the effective date of this By-law.
"Family", means one or more persons related by blood or marriage or common-law marriage
occupying a dwelling unit, or a group of not more than four (4) unrelated persons, living
together and maintaining a common household, which shall be deemed to exist if all members
thereof have access to all parts of the dwelling.
"Farm Building or Structure", means any building or structure designed for and used
principally for agricultural activities, and/or detached or attached automobile garage, but does
not include a dwelling.
"Game farm", means an area designed for the commercial or non-profit exhibition of any
species of wildlife or domesticated animal.
"Garage", means a building or portion thereof in which a motor vehicle is stored, repaired,
washed or serviced.
"Guest House", means a fully furnished and equipped dwelling accessory to a permanent
principal residence for rental or non-rental purposes to hunting parties, snowmobilers, family
reunions, family vacations or just an overnight stay providing country living.
"Grade", means the average level of finished ground adjoining a building or structure at all
exterior walls, as determined by the Development Officer.
"Group Camp", means a parcel of land planned and improved for the placement of tents or
other camping accommodations for recreational and vacation uses by groups such as church,
4-H, boy scouts, girl guides and like establishments.
"Home-based business", means an accessory use, either permitted or conditional
(depending on the zone) which is carried on principally by members of the family residing at
the same dwelling unit, mobile or modular home or within its permitted accessory buildings and
that is incidental to or secondary to the principal residential use.
"Hotel", means a building or part thereof wherein accommodation is provided for transient
lodgers, in any individual room or suite, with or without cooking facilities, and may include
accessory uses such as restaurants, beverage rooms, banquet halls, and meeting rooms.
"House, boarding, lodging or rooming", means a building or portion thereof, other than a
hotel or motel, where lodging, or lodging and meals, are provided for compensation, exclusive
of the proprietor and his family.
"Hundred year flood", means a flood that can be expected to occur, on average, once in one
hundred (100) years, or specifically a flood that has a one percent (1%) chance of being
equalled or exceeded in any year.
"Hunting and/or Fishing Lodges", means a private or commercial lodge, consisting of one or
more buildings providing accommodation and food service for the members or customers while
engaged in the activity of hunting or fishing. Other accessory buildings or structures on site
may include, but not be limited to, a fish cleaning building, a boat dock, picnic area, overnight
camping sites, and storage buildings for equipment. Various services such as outfitting and
guiding may be obtained at these establishments.
RM of Park Zoning By-law
63
"Kennel", means premises on which more than two (2) dogs or cats at least four (4) months of
age are maintained, boarded, bred, trained, or cared for, in return for remuneration, or are kept
for the purpose of sale, with the exception of animal pounds and veterinary clinics.
"Lane, public", means a thoroughfare not over thirty-three (33) feet in width in public
ownership which affords only a secondary means of access to abutting property.
"Livestock", means animals or poultry not kept exclusively as pets, excluding bees.
"Animal housing facility", means, for the purposes of this by-law, a barn or an outdoor,
non-grazing area where livestock are confined by fences or other structures.
"Animal unit or A.U.", means the number of animals of a particular category of livestock
that will excrete 73 kg of total nitrogen in a 12 month period, as established by the
Province.
"Earthen manure storage area", means a structure built primarily from soil, constructed
by excavating or forming dykes, and used to retain livestock manure that is 20% or more
solid matter and does not flow when piled.
"Feedlot", means a fenced area where livestock are confined solely for the purpose of
growing or finishing, and are sustained totally by means other than grazing. This structure
may be emptied for short periods of time during the year for cleaning, maintenance or
livestock economic or management reasons.
"Livestock operation", means a permanent or semi-permanent facility or non-grazing
area where livestock producing at least 10 animal units are kept or raised, either indoors or
outdoors, and includes all associated manure collection facilities, but does not include an
auction mart, agricultural fair, and livestock sale yards, in which livestock may be kept for a
period not exceeding 10 days, unless they create a pollution problem.
"Non-earthen manure storage facility", means a structure, molehill, tank or other facility
not made out of earth for storing manure, and includes any permanent equipment or
structures in or by which manure is moved to or from the storage facility, but does not
include a field storage site, a vehicle or other mobile equipment used to transport or
dispose of manure, a gutter or concrete storage pit used to store liquid or semi-solid
manure for less than 30 days, a collection basin, or a composting site for manure or
mortalities.
"Seasonal feeding area", means an outdoor non-grazing area where livestock are kept
for the purpose of providing supplemental or total feed requirements on a seasonal basis,
and where manure builds up such that mechanical removal and land application is
required, but, for the purposes of this by-law, does not include a feedlot.
"Loading space", means an off-street space on the same zoning site with a building or
contiguous to a group of buildings, for the temporary parking of a commercial vehicle while
loading or unloading merchandise or material, and which abuts upon a street, lane or other
appropriate means of access.
"Mobile home", means a portable dwelling unit built to CAN/CSA-Z240 MH Series or
equivalent standard of construction (with a manufacture's label certifying compliance) which is
designed or used for residential occupancy, built upon or having a frame or chassis to which
wheels may be attached by which it may be transported, which can be located on a prepared
pad and may be jacked up or skirted, and which conforms to the provincial Buildings and
Mobile Homes Act and noted national construction standards.
RM of Park Zoning By-law
64
"Mobile home park", means an area of land upon which mobile home spaces are rented to
individual mobile home owners, and which has been approved by Council.
"Mobile home site", means a site in a mobile home subdivision which may be purchased for
the placement of a mobile home.
"Modular home", means a dwelling unit manufactured off-site and moved on-site as complete
or partial units which may form single or multiple unit dwellings. A manufactured home does
not contain a steel frame for moving, as does a mobile home. The terms minihome, modular
home or factory built home are sometimes applied to the sale of these manufactured units.
"Motel", means a building not over two storeys in height wherein sleeping accommodation is
provided for transient lodgers, in which there is an exit from individual rooms or suites directly
to the outdoors, and may include accessory uses such as restaurants, beverage rooms,
banquet halls, and meeting rooms.
"Motor home", means a self-propelled vehicle designed for temporary living, sleeping and
eating accommodation of persons and includes a camper pick-up and camper van.
"Non-conformity", means one, or a combination of more than one, of the following:
(a)
A site or an area of land;
(b)
A building or structure;
(c)
A use of a building or structure;
(d)
A use of land; or
(e)
A sign;
which lawfully existed prior to the effective date of this By-law or amendments thereto,
but does not conform to the provisions contained within this By-law.
"Open Space", shall mean that required portion of a site at ground level unoccupied by
principal or accessory buildings and available to all the occupants of the building.
"Ordinary High Water Mark", means a point on land that would be at the water's edge when
the water reaches the following level:
(a)
in the case of a reservoir, the full supply level;
(b)
in the case of a drain, the bank-full level; and
(c)
in the case of any other water body, the highest level to which the water usually
rises each year at which it remains long enough to change the characteristics of
the land or vegetation on the land.
"Outfitters (Limited)", means a person who conducts ecological hikes or provides hunting
and/or fishing guide service only. No accommodation is provided.
"Outfitters (Full Service)", means a person who conducts ecological hikes or provides a
hunting and/or fishing guide service. The service may provide equipment and accommodation
and food for the customer in the outfitter's house or accommodation in a separate accessory
cabin or camp site area to the farm or establishment.
"Owner", means an owner as defined in The Planning Act.
"Parcel of land", means a parcel as defined in The Planning Act.
RM of Park Zoning By-law
65
"Parking area", means an open area of land other than a street or lane, or an area within a
structure, used for the parking of vehicles.
"Parking area, public", means an off-street parking area used for the temporary parking of
vehicles and is available for public use whether free, for compensation or as an
accommodation for clients, customers, employees or visitors.
"Parking space", means a space on a parking area, public parking area or zoning site for the
temporary parking or storage of a motor vehicle.
"Party Wall", means a wall forming part of a building and used for separation of adjoining
buildings occupied, constructed or adapted to be occupied by different owners, persons or
businesses.
"Personal Service Shops", means a building or portion thereof in which persons are
employed in furnishing services and otherwise administering to the individual and personal
needs of persons and without limiting the generality of the foregoing may include such services
as: fitness shops or clubs, spas-wellness therapy, cosmetology, naturopathy, massage
therapy, etc., hobby shops, craft shops, novelty shops, barber shops, beauty and hair dressing
shops, music shops, tailor and dressmaking shops, dry-cleaning and laundry shops.
"Planned Unit Development", means a land development project planned as an entity in
accordance with a unitary site plan which permits flexibility in siting of buildings, mixture of
housing and commercial types and/or land uses, useable open spaces, and the preservation of
significant natural features.
"Public utility", means any system, works, plant, pipeline, equipment or service which
furnishes services and facilities available at approved rates to or for the use of the general
public, including but not limited to:
(a)
Communication, by way of telephone, telegraph, wireless or television;
(b)
Public transportation, by bus or other vehicles;
(c)
Production, transmission, delivery or furnishing of water, gas or electricity to the
public at large; or
(d)
Collection of sewage, garbage or other waste.
"Public utility building", means a building used by a public utility.
"Recycling depot", means a building where waste materials such as paper, plastic and
metals are collected and separated for storage and transfer to market.
"Rental rooms", means a private dwelling unit in which a maximum of two (2) bedrooms, not
exceeding 50% of the residence, may be rented out on a temporary basis as a home-based
business. Cooking facilities shall not be allowed in the rented rooms.
'Repair", means the renewal or reconstruction of any part of an existing structure for the
purpose of its maintenance or restoration, excluding structural alterations.
"Residential care facility", means the use of any building or structure, or part thereof, which
is advertised, announced or maintained for the express or implied purpose of providing
lodging, meals, care and supervision, or transitional services to persons not related by blood,
marriage or adoption to the operator, nor to each other, but does not include a facility licensed
or designated as an institution by The Manitoba Health Services Commission.
RM of Park Zoning By-law
66
"Secondary Suite", means a self-contained accessory dwelling unit (cannot be a non-family
rental unit) not exceeding five hundred (500) square feet in dwelling unit area located either
within a permanent principal residence, or in an accessory detached accessory building
positioned at grade and to the rear of an existing residence on a single zoning site. A
secondary suite contains a single housekeeping unit and has its own separate access,
cooking, sleeping and sanitary facilities which are separate from and not shared with those of
the principal building.
"Shopping centre", means a building or group of buildings designed, developed, owned and
managed as a unit by a single owner or tenant, or group of owners or tenants containing three
or more separated spaces for lease or occupancy of commercial uses or business or
professional offices.
"Sign", means any writing (including letter, word, or numeral), pictorial representation
(including illustration or decoration), emblem (including device, symbol or trademark), banner,
pennant or any other figure of similar character which:
(a)
Is a structure or any part thereof, or is attached to, painted on, or in any other
manner represented on or in a building or other structure;
(b)
Is used to identify, direct attention to, or advertise; and
(c)
Is visible from outside a building, but shall not include show windows as such.
"Site", means a zoning site as defined herein unless the context indicates otherwise.
"Site area", means the computed area contained within the site lines.
"Site, corner", means a site situated at the intersection of two (2) streets, the interior angle of
such intersection not exceeding 135 degrees.
"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 or a through site.
"Site lines", means as follows:
(a)
Front site line, means that boundary of a site which is along an existing or
designated street. For a corner site, the front site line shall be that line which is
the continuation of the front site line of any abutting interior site, or in the case of
a corner site which is abutted by two interior sites, the front site line shall be the
site line which is shorter, otherwise the Development Officer may select the front
site line;
(b)
Rear site line, means that boundary of a site which is most nearly parallel to the
front site line and in the case of a site in which the side site lines intersect, such
as a triangular site, a line ten (10) feet in length within the site, parallel to and at
the maximum distance from the front site line;
(c)
Side site line, means any boundary of a site which is not a front or rear site line;
and
(d)
Where an irregular shaped site cannot have its site lines defined by the foregoing
definitions, the front, rear and side site lines shall be determined by the
Development Officer.
RM of Park Zoning By-law
67
"Site, through", means a site having a pair of opposite site lines along two (2) more or less
parallel streets.
"Site width", means the horizontal distance between the side site lines, measured at right
angles to the site depth at a point midway between the front and rear site lines, or forty (40)
feet from the front site line, whichever is the lesser.
"Site, zoning", means an area of land which:
(a)
Is occupied, or intended to be occupied, by a principal building or a group of such
buildings and accessory buildings, or utilized for the principal use or uses
thereto, together with such open spaces as are required under the provisions of
this By-law;
(b)
Has frontage on a street or has any lawful means of public access satisfactory to
the Council; and
(c)
Is of sufficient size to provide the minimum requirements of this By-law for a
permitted or conditional use in a zone where the use is located.
"Street", means for the purpose of this By-law, a thoroughfare in public ownership which
provides the principal means of access to abutting property.
"Structure", means anything constructed or erected with a fixed location on the ground, or
attached to something having a fixed location on the ground and includes buildings, walls,
fences, signs, billboards, light standards and similar items.
"Surface water", means any body of flowing or standing water, whether naturally or artificially
created including, but not limited to, a lake, river, creek, spring, drainage ditch, roadside ditch,
reservoir, swamp, wetland and marsh, including ice on any of them, but not including a dugout
or reservoir on the property of an agricultural operation.
"Surface water course", means the channel in or bed on which surface water flows or
stands, whether continuously or intermittently, but does not include a dugout, reservoir,
intermittent slough, drainage ditch or intermittent stream that is completely surrounded by
private land controlled by the owner or operator of an agricultural operation and that has no
outflow going beyond the private land.
"Travel Trailer", means any vehicle or portable structure constructed so as to permit
temporary occupancy thereof for lodging purposes or for use as an accessory building or
structure in the conduct of a business, trade, or occupation, and which is designed and
constructed so that it is, or may be, mounted on wheels and used as a conveyance on streets
and highways, and which is propelled or drawn by its own or other motive power.
"Use", means:
(a)
Any purpose for which a building or structure or an area of land may be
designed, arranged, intended, maintained or occupied; or
(b)
Any activity, occupation, business or operation carried on, or intended to be
carried on, in a building or structure or on an area of land.
RM of Park Zoning By-law
68
"Wind Turbine Generator Station (WTGS)", means a site and facility that is comprised of,
but not limited to, one or more wind turbine generator towers, and may include associated
operation and maintenance buildings, research or meteorological towers, collector grids, roads
and substations that convert wind energy to electrical energy for use or sale by a private
commercial enterprise or public utility. It must have a collective nameplate rating of 0.50
megawatt or greater and be connected to the transmission or a local distribution grid. The
(WTGS) can be comprised of either a leased or an owned site.
"Wrecking Establishment", means the dismantling or wrecking of used motor vehicles,
trailers or agricultural implements, or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles, agricultural implements or their parts.
"Yard, required", means an open area, on the same zoning site with a building or structure,
which yard is unoccupied and unobstructed from its lowest level to the sky, except as
otherwise permitted herein, and which extends along a site line to a depth or width (measured
from the site line) specified in the yard requirement for the zone in which such zoning site is
located.
(a)
Yard, front, means a yard extending along the full length of the front site line
between the side site lines;
(b)
Yard, rear, means a yard extending along the full length of the rear site line
between the side site lines;
(c)
Yard, side, means a yard extending along the side site line from the front yard to
the rear yard;
(d)
Yard, corner side, means a side yard which adjoins a public street; and
(e)
Yard, interior side" means a side yard which is located adjacent to another
zoning site, or to a lane separating such side yard from another zoning site.
APPENDIX "A"
ZONING MAPS
Attached to
BY-LAW NO. 1311
of
THE RURAL MUNICIPALITY OF
PARK
APPENDIX "B"
METRIC CONVERSION
TABLE
APPENDIX "B"
METRIC CONVERSION TABLE
FEET
METRES
SQ. FEET
SQ.
METRES
1.0
0.30
10
0.93
2.0
0.61
50
4.65
3.0
0.91
150
13.94
3.5
1.07
400
37.16
4.0
1.22
500
46.45
5.0
1.52
600
55.74
6.0
1.83
900
83.61
9.0
2.74
1000
92.90
10.0
3.05
1200
111.48
12.0
3.66
3500
325.16
15.0
4.57
4000
371.61
17.0
5.18
5000
464.50
18.0
5.49
6000
557.40
20.0
6.10
8400
780.39
24.0
7.32
8700
808.26
25.0
7.62
10000
929.00
30.0
9.14
11000
1021.93
33.0
10.06
12000
1114.84
40.0
12.19
12800
1189.16
45.0
13.72
15000
1393.50
50.0
15.24
20000
1858.00
60.0
18.29
21000
1950.96
65.0
19.81
21500
1997.42
70.0
21.34
25000
2322.58
75.0
22.86
30000
2787.00
80.0
24.38
40000
3716.12
100.0
30.48
43560
4046.86
110.0
33.53
80000
7432.24
125.0
38.10
87000
8082.56
135.0
41.15
174240
16187.43
150.0
45.72
200.0
60.96
300.0
91.44
328.0
99.97
330.0
100.58
350.0
106.68
400.0
121.92
492.0
149.96
500.0
152.40
575.0
175.26
660.0
201.17
738.0
224.94
800.0
243.84
835.0
254.51
984.0
299.92
1000.0
304.80
1107.0
337.41
1230.0
374.90
1312.0
399.90
1320.0
402.34
1476.0
449.88
APPENDIX "B"
METRIC CONVERSION TABLE
FEET
METRES
1500.0
457.20
1640.0
499.87
1722.0
524.87
1739.0
530.05
1968.0
599.85
2214.0
674.83
2460.0
749.81
2625.0
800.10
2640.0
804.67
2952.0
899.77
3446.0
1050.34
3511.0
1070.15
3937.0
1200.00
4364.0
1330.15
4430.0
1350.26
4922.0
1500.23
5249.0
1599.90
5280.0
1609.34
5906.0
1800.15
6135.0
1869.95
6561.0
1999.79
6988.0
2129.94
7874.0
2400.00
8760.0
2670.05
9186.0
2799.89
10499.0
3200.10
11811.0
3599.99
13123.0
3999.89
APPENDIX "B"
METRIC CONVERSION TABLE ...
ACRES
HECTARES
1.0
0.40
1.25
0.51
2
0.81
2.75
1.11
3
1.21
4
1.62
5
2.02
8
3.24
10
4.05
16
6.47
20
8.09
40
16.19
55
22.26
60
24.28
80
32.38
160
64.75
MILES
KILOMETRES
0.5
0.80
1.0
1.61
3.0
4.82