Killarney-Turtle Mountain Municipal Zoning By-Law No. 2-2016
Municipality of Killarney-Turtle Mountain, Manitoba
This is the exact embedded text of the captured official document.
Snapshot 2554ffa6a38f · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
KILLARNEY - TURTLE MOUNTAIN MUNICIPAL
ZONING BY-LAW
BY-LAW NO. 2-2016
Killarney-Turtle Mountain
KILLARNEY-TURTLE MOUNTAIN MUNICIPAL ZONING BY-LAW NO. 2-2016
BEING A BY-LAW to regulate the use and development of land within the Municipality of Killarney -
Turtle Mountain.
WHEREAS, Section 68 of the Planning Act, C.C.S.M., No. P80 requires the municipality to adopt a
Zoning By-law which is generally consistent with a development plan adopted for the area;
AND WHEREAS, pursuant to the Manitoba Planning Act, the Municipality of Killarney-Turtle
Mountain Council has by By-law adopted Killarney-Turtle Mountain Municipal Development Plan By-
law No. 25-2008;
NOW THEREFORE, the Municipality of Killarney-Turtle Mountain Council, in accordance with
Section 68 of the Planning Act, in a meeting duly assembled adopt a municipal zoning By-law to be
known as the Killarney-Turtle Mountain Municipal Zoning By-law No. 2-2016.
DONE AND PASSED by Council duly assembled this ______ day of ______________, 2016.
READ A FIRST TIME THIS 8th day of JUNE., A.D., 2016.
READ A SECOND TIME THIS 17th day of AUGUST, A.D., 2016.
READ A THIRD TIME THIS ______ day of ____________, A.D., 2016.
______________________________
Mayor
______________________________
Chief Administrative Officer
Table of Contents
PART 1: SCOPE OF BY-LAW .......................................................................... 1
PART 2: GENERAL REGULATIONS GOVERNING LAND USES, BUILDINGS
AND STRUCTURES ......................................................................................... 2
Use of Land ..................................................................................................................................... 2
Existing Uses, Buildings and Structures .......................................................................................... 2
Non-Conforming Uses..................................................................................................................... 3
Permitted Uses ............................................................................................................................... 4
Conditional Uses ............................................................................................................................. 4
Similar Land Uses ........................................................................................................................... 4
Accessory Uses, Buildings and Structures in ALL Zones ................................................................ 4
Temporary Uses, Buildings and Structures ................................................................................... 26
Recreational Vehicles ................................................................................................................... 27
Wheelchair Ramps ........................................................................................................................ 29
Public Utilities and Services .......................................................................................................... 29
PART 3: GENERAL REGULATIONS FOR ALL ZONES ................................. 30
Bulk and Yard Requirements ........................................................................................................ 30
Corner Vision Triangles ................................................................................................................. 30
Projections into Yards ................................................................................................................... 31
Double Frontage Sites .................................................................................................................. 31
Front Yards ................................................................................................................................... 32
Shoreline Sites .............................................................................................................................. 32
Site Reduced by Road Widening .................................................................................................. 32
Derelict or Unsafe Buildings .......................................................................................................... 32
Portable or Temporary Storage Structures .................................................................................... 33
Storage Buildings .......................................................................................................................... 33
Fences .......................................................................................................................................... 34
Swimming Pools ........................................................................................................................... 35
Public Monuments and Cairns ...................................................................................................... 35
Signs ............................................................................................................................................. 35
Private Water Supply and Sewage Disposal Systems .................................................................. 36
Lands Subject to Flooding ............................................................................................................. 37
High Water Table Areas ................................................................................................................ 38
Water Drainage ............................................................................................................................. 38
Steep Natural Slopes .................................................................................................................... 39
Land Gradients ............................................................................................................................. 39
Road Access ................................................................................................................................. 39
Parking Requirements For All Zones ............................................................................................ 39
TABLE 3-1: ZONE SPECIFIC MINIMUM PARKING SPACE REQUIREMENTS ........................ 40
FIGURE 3-1: DESIGN STANDARDS FOR PARKING SPACES ................................................. 43
Streets, Public Roads, and Private Lanes ..................................................................................... 44
Development Near Watercourses ................................................................................................. 45
Private Docks ................................................................................................................................ 45
Development Near Solid Waste Disposal Sites ............................................................................. 45
Development Near Sewage Lagoons ........................................................................................... 46
Development Near Hazardous Materials Storage ......................................................................... 46
Development Near Areas with Potential for Aggregate Extraction ................................................ 46
Development Near Airports ........................................................................................................... 46
Development Near Pipelines ......................................................................................................... 46
Development Near The Provincial Highway System ..................................................................... 47
Open Space Along Rural Roads ................................................................................................... 47
Railways ........................................................................................................................................ 48
Multiple Buildings on One Site ...................................................................................................... 48
PART 4: GUIDE TO ZONES AND ZONING MAPS ........................................ 49
Purpose of Zones .......................................................................................................................... 49
Zoning Districts ............................................................................................................................. 49
Zoning Maps ................................................................................................................................. 51
PART 5: USE AND BULK TABLES FOR ALL ZONES ................................... 53
TABLE 5-1: "AG" AGRICULTURAL GENERAL ZONE - USE & BULK REQUIREMENTS ......... 53
TABLE 5-2: "AL" AGRICULTURAL LIMITED ZONE - USE & BULK REQUIREMENTS ............. 59
TABLE 5-3: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK REQUIREMENTS.......... 65
TABLE 5-4: "RR" RURAL RESIDENTIAL ZONE - USE & BULK REQUIREMENTS .................. 70
TABLE 5-5: "SR" SEASONAL RESIDENTIAL ZONE - USE & BULK REQUIREMENTS ........... 73
TABLE 5-6: "RS" RESIDENTIAL SERVICED ZONE - USE & BULK REQUIREMENTS ............. 76
TABLE 5.6.1: "RS" RESIDENTIAL SERVICED ZONE - MOBILE HOME BULK
REQUIREMENTS ......................................................................................................................... 79
TABLE 5-7: "RU" RESIDENTIAL UN-SERVICED ZONE - USE & BULK REQUIREMENTS ....... 83
TABLE 5-8: "CG" COMMERCIAL GENERAL ZONE - USE & BULK REQUIREMENTS ............ 85
TABLE 5-9: "MG" INDUSTRIAL GENERAL ZONE - USE & BULK REQUIREMENTS ............... 89
TABLE 5-10: "O" OPEN SPACE ZONE - USE & BULK REQUIREMENTS .................................. 93
TABLE 5-11: "AUR" AGRICULTURAL URBAN RESERVE ZONE - USE & BULK
REQUIREMENTS ......................................................................................................................... 96
PART 6: RULES FOR SPECIFIC USES .......................................................... 98
Home Based Business Activities ................................................................................................... 98
Livestock Operations - General Provisions ................................................................................. 100
TABLE 6-1: MINIMUM SETBACK DISTANCES FROM PROPERTY LINES ............................. 102
TABLE 6-2: ANIMAL UNIT CONVERSION FACTORS.............................................................. 104
Livestock Operation Development in the "AG" Agricultural General Zone ................................... 105
TABLE 6-3: MINIMUM SEPERATION DISTANCES FOR SITING LIVESTOCK
OPERATIONS IN THE "AG" AGRICULTURAL GENERAL ZONE ............................................. 105
Livestock Operation Development in the "AL" Agricultural Limited Zone ..................................... 106
TABLE6-4: MINIMUM SEPERATION DISTANCES FOR SITING LIVESTOCK OPERATIONS
IN THE "AL" AGRICULTURAL LIMITED ZONE .......................................................................... 107
Hazardous Materials Storage ...................................................................................................... 108
Mobile Homes ............................................................................................................................. 108
Mobile Home and RV Parks ........................................................................................................ 109
PART 7: ADMINISTRATION ....................................................................... 111
Administration and Enforcement Responsibilities........................................................................ 111
Development Permits .................................................................................................................. 111
Development Officer ................................................................................................................... 113
Zoning By-law Amendments ....................................................................................................... 114
Variances & Conditional Uses ..................................................................................................... 115
Subdivision of Land ..................................................................................................................... 115
Fee Schedule .............................................................................................................................. 116
PART 8: ENFORCEMENT ........................................................................... 117
Inspections .................................................................................................................................. 117
Contravention Order .................................................................................................................... 117
Review by Council....................................................................................................................... 118
Remedying Contraventions ......................................................................................................... 118
PART 9: INTERPRETATION ....................................................................... 119
Definitions ................................................................................................................................... 119
APPENDIX "A" - ZONING MAPS ................................................................. 129
MAP 1:
Rural Areas - Killarney-Turtle Mountain
MAP 2:
Community of Killarney
MAP 3:
Community of Ninga
MAP 4:
Community of Holmfield
1
PART 1: SCOPE OF BY-LAW
1.1
This By-law shall be known as the Killarney -Turtle Mountain Municipal Zoning By-law as
adopted under the Manitoba Planning Act by the Killarney-Turtle Mountain Municipal Council
as By-law No. 2-2016.
1.2
This By-law applies to all lands in the Municipality of Turtle Mountain, as indicated on zoning
maps contained in Schedule "A" of this By-law.
1.3
This Zoning By-law regulates the use and development of land in the municipality and
includes requirements for development in each zone, such as siting and setback standards,
as established in this By-law.
1.4
This Zoning By-law regulates:
(a)
The construction, erection, alteration, enlargement or placing of buildings and
structures; and
(b)
The establishment, alteration or enlargement of uses of land, buildings and
structures.
1.5
No land, building or structure shall be used or occupied, and no building or structure shall be
constructed, erected, altered, enlarged or placed, except in accordance with this By-law, and
only after all required permits have been obtained by the owner.
1.6
Whenever a provision of a law or regulation of the provincial or federal government contains
a restriction governing the same subject matter contained in this By-law, or imposes
contradictory regulations with respect to uses, buildings or structures, the most restrictive or
highest standard shall prevail.
1.7
Nothing in this By-law, or in a development permit, approval of a conditional use or variation
order, or other approval issued under this By-law or the Planning Act, shall be construed as
authorization to establish any land use which is not compatible with adjacent development
and the surrounding area or which is not consistent with applicable land use by-laws (i.e.
development plan, zoning, or secondary plan).
1.8
By-law No. 2-2016[p1] is the first municipal zoning By-law enacted by the Municipality of
Killarney - Turtle Mountain. The municipality has relied on older zoning by-laws (circa 1988)
to regulate land use since amalgamating and prior to the adoption of this by-law.
2
PART 2: GENERAL REGULATIONS GOVERNING LAND
USES, BUILDINGS AND STRUCTURES
Use of Land
2.1
Subject to Section 2.4 and 2.5 of this PART, no land, building or structure shall be
constructed, enlarged, placed, used or occupied except for a land 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;
(b)
Is a permitted or conditionally approved accessory use; or
(c)
Is a use eligible for approval by variation order pursuant to The Planning Act (for
example, a use not listed, but substantially similar to a permitted or conditionally use
in a specific zone).
2.2
Where land or a building or structure is used for more than one purpose, all provisions of this
By-law relating to each use shall be satisfied. If there is a conflict, the higher or more
stringent requirement shall apply.
2.3
There shall be a maximum of one (1) dwelling unit per site or parcel of land, except for the
following:
(a)
Farm dwelling(s) which are required by employees or family members, who in the
opinion of Council, will be actively involved in an agricultural operation,
(b)
Two-unit dwellings or multiple-unit dwellings or mobile home or RV parks as provided
for in this By-law, and
(c)
Where secondary suites are permitted as an accessory use.
Existing Uses, Buildings and Structures
2.4
An existing use, building or structure which was established prior to the adoption of this By-
law and which is provided for as a permitted use, building or structure by this By-law shall
be allowed to continue to exist, and may be enlarged or expanded, may be changed to
another permitted use, or may be replaced if destroyed subject to the following:
(a)
All buildings and structures and uses existing at the effective date of this By-law as
provided for above, are deemed to conform to the bulk requirements of the zone in
which the buildings or structures are situated.
3
(b)
The enlargement, expansion, change in use, or replacement of existing buildings,
structures or uses shall conform to all requirements of this By-law and may be
subject to the issuance of a development permit and/or building permit, and;
2.5
An existing use, building or structure which was established prior to the adoption of this By-
law, and which is classified as a conditional use by this By-law, shall be deemed to be an
existing approved conditional use, building or structure and shall be allowed to continue to
exist, may be changed to a permitted use, or may be replaced if destroyed, provided that the
replacement does not increase the intensity of the previously existing use subject to the
following:
(a)
Where an existing conditional use is changing to a permitted use, the change in use
or replacement shall be subject to the issuance of a development permit and/or
building permit, and shall conform with all requirements of this By-law; and
(b)
Where an expansion of an existing conditional use, or changing to another
conditional use is proposed, these changes shall require approval of Council
following a public hearing, in accordance with PART 7 of this By-law.
NOTE: In respect of PART 2, Sections 2.4 and 2.5 (above), see also PART 3, Section 3.2 Bulk
and Yard Requirements of this By-law for additional information.
Non-Conforming Uses
2.6
An existing use, building or structure which is not provided for as a permitted or
conditional use, building or structure by this By-law, shall be considered as a non-
conforming use, building or structure, and shall be subject to the provisions of The
Planning Act governing non-conformities:
(a)
A non-conforming use shall be allowed to continue to exist, and may be changed to a
permitted use;
(b)
A non-conforming use may be intensified (except for a variance to increase the
number of animal units in a non-conforming livestock operation), but 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 (1) year. A change in ownership or tenancy of a non-conforming use
shall not affect the non-conforming status.
(d)
A non-conforming building or structure shall not be re-established if it is removed or
destroyed above the foundation by more than fifty (50) percent of its replacement
value; and
(e)
Other provisions of The Planning Act governing non-conforming uses, buildings and
structures apply, including a provision which enables Council to consider variation
orders in situations where non-conformities are proposed to be altered, including the
authorization of building repairs or time extensions for an additional 12 months.
4
Permitted Uses
2.7
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/or building permit, and
provided that the use, building or structure complies with all requirements of this By-law.
Conditional Uses
2.8
The classification of specific land uses as conditional uses is intended to provide for a
special process of review (including a public hearing) and Council approval for certain types
of development which, due to their inherent characteristics, may have potential adverse
impacts on existing development or resources located nearby.
2.9
Where a use, building or structure is provided for as a conditional use by this By-law, the
establishment, enlargement or expansion of the use, building or structure shall be subject to
the specific requirements of The Planning Act pertaining to conditional uses and Part 6 of
this By-law and the issuance of a development permit and/or building permit.
Similar Land Uses
2.10
Land uses which are not listed in the use and bulk tables in this By-law, but are substantially
similar to either a permitted or conditionally approved use listed in the zone in which it is
located, may be eligible for approval by variation, without an amendment to this By-law,
provided that:
(a)
The proposed land use is similar in type, size, and impact on surrounding land uses,
(b)
The proposed development is compatible with existing development in the area (i.e.
a commercial use in a commercial area),
(c)
The approval of such land uses would not create a hardship for neighbours or the
municipality, and
(d)
The proposed land use and development can meet all other requirements in this By-
law.
Accessory Uses, Buildings and Structures in ALL Zones
2.11
Except as provided under Section 2.12 (below) of this PART, no accessory use shall be
established, and no accessory building or structure shall be constructed or erected, prior to
the establishment of the principal use of land, building or structure to which it is accessory
(see definition of "accessory" in PART 9, Section 9.2 of this By-law).
5
2.12
An accessory garage or storage building may be constructed or erected for the purpose of
storage of materials and equipment for use during construction of the principal building,
provided that a Building Permit and Development Permit has first been obtained for the
principal building.
2.13
An accessory use, building or structure may be treated as a permitted or conditionally
approved accessory building, structure or use that is accessory to a permitted or
conditionally approved principal use; however, in the case of a use which is accessory to a
conditional use building or structure, said accessory use shall not be located or constructed
on the site prior to review and approval of the conditional use to which the accessory use is
being proposed in accordance with PART 7 of this By-law.
2.14
A use identified as being a conditional use in the zone in which it is located cannot be
accessory to a use listed as a permitted use for the same zoning district.
2.15
Where an accessory building or structure is attached to a principal building or structure by
means of a foundation, wall or roof, it shall be deemed to be part of the principal building or
structure and it shall conform with all requirements of this By-law applicable to the principal
building or structure.
2.16
Detached accessory buildings or structures shall not be located in any required front yard of
the principal use, except as may be provided for elsewhere in this By-law.
2.17
All detached accessory buildings shall be located a minimum of four (4) feet from the
principal building located on the same zoning site.
2.18
In no instance shall an accessory building or structure be located within the boundaries of a
dedicated easement or right-of-way.
2.19
Accessory buildings and structures proposed to be located within the established control
areas adjacent to a provincial highway may require a permit from the provincial authority
having jurisdiction.
2.20
Permitted accessory buildings, structures and uses include the following in ALL ZONES:
(a)
Private sewage disposal systems (subject to approval by the provincial authority
having jurisdiction) and private water supply wells.
2.21
In the "AG" AGRICULTURAL GENERAL ZONE AND "AL" AGRICULTURAL
LIMITED ZONE, the following shall be treated as:
(a)
PERMITTED ACCESSORY USES, buildings and structures in all agricultural
zone(s) shall include the following:
(i)
Farm dwellings, including a single-unit dwelling or a mobile or modular home,
when located on the same parcel of land as the principal specialized or general
agricultural use or a livestock operation as defined in PART 9 of this by-law;
6
(ii)
Incinerators and solid fuel burning appliances, subject to the approval of the
provincial authority having jurisdiction (where required) and satisfying the
requirements of the Municipality's Building By-law;
(iii)
Staff dwellings (to include single-family dwellings, multiple-family dwellings,
dormitories and mobile homes) when located on the same zoning site as a
permitted or conditionally approved general or specialized agricultural use
including a livestock operation;
(iv)
Agricultural buildings or structures needed for the operation and maintenance
of a permitted or conditionally approved specialized or general agricultural use
or livestock operation;
(v)
Storage of goods used in or produced by agricultural activities when located on
the same parcel with such activities, unless such storage is excluded by the
zoning district requirements;
(vi)
Privately owned non-commercial wind turbines located on the same site and in
direct support of either a permitted or conditionally approved specialized or
general agricultural operation, livestock operation or non-farm residential use
shall be allowed in all agricultural zones as a permitted accessory structure and
shall require approval by the municipality through the issuance of a
Development Permit. Where a private land owner is producing power in
excess of his/her personal needs, they may be able to sell this excess
renewably produced power to Manitoba Hydro through an agreement with the
utility;
a)
All privately owned non-commercial wind turbine tower structures shall
be setback from all property lines of the site on which it is located a
minimum distance equal to 1.1 times its total height, measured from the
ground to the uppermost point of the extension of its rotors.
(vii) A privately owned non-commercial telecommunications tower used to support
ancillary devices such as but not limited to citizens band radio, television or
internet service which is located on the same site and in direct support of either
a permitted or conditionally approved general or specialized agricultural use
including a livestock operation and farm or non-farm residential uses shall be
set back from all property lines of the site on which it is located a minimum
distance equal to 1.1 times its total height, measured from the ground to the
uppermost point of its extension.
(viii) In all agricultural zone(s), all signs under 32 square feet in surface area shall
be a treated as a permitted accessory use and all signs regardless of their size
shall be set back a minimum of three (3) feet from any property line or in the
case of a corner site, a minimum of twenty-five (25) feet from any street side of
the site. No sign shall be erected or altered which would interfere with, or
obstruct the view of, or be confused with any authorized traffic indicator, signal
or device. See also PART 3[k2], Section 3.25 of this By-law for additional
information pertaining to signs.
7
(ix)
A children's playhouse, garden house, gazebo and children's shelter at a
school bus stop;
(x)
A private garage including portable/fabric shelters, carport, covered patio, tool
house, shed and other similar buildings for storage of domestic equipment and
supplies;
(xi)
Home daycare and group daycare;
(xii) Home-based businesses when developed in accordance with PART 6,
Section 6.1 of this By-law;
(xiii) Swimming Pools (See PART 3, Section 23 of this By-law) and note additional
public safety requirements for approval under the Municipality's Building By-
law).
(xiv) An animal housing facility located on small rural land holding such as a "riding
academy and stable" or a single "non-farm dwelling" site shall be allowed as a
permitted accessory use in all agricultural zones. In such circumstances, each
site shall be allowed to accommodate a maximum of up to nine (9) animal units
(cumulative across species) as calculated from Table 6-2 of PART 6 of this
By-law and shall be subject to the following additional requirements:
1)
a)
The animal housing facility and any manure stored onsite shall be
separated a minimum distance of five hundred (500) feet (152.4
meters) from the limits of all "GD" - General Development
Zones, "RR" - Rural Residential Zones, "SR" Seasonal
Recreation Zones and the limits of the communities of
Killarney, Ninga and Holmfield. Said animal housing facilities
shall also be set back three hundred and twenty-eight (328) feet
(100m) away from all residences other than the owner's
residence located on the same site as the animal housing facility
and any manure stored onsite, adjacent motels, restaurants and
community buildings. In addition, all animal housing facilities and
any manure stored onsite shall be setback a minimum of 125 feet
from all public roads and seventy-five (75) feet from the side and
rear limits of the property on which they are sited.
b)
The maximum amount of livestock which may be kept within a
small rural land holding such as a riding academy and stables or
single non-farm dwelling site shall not exceed 0.75 Animal Units
(AU) per two (2) acres of site area, to a maximum of nine (9)
Animal Units (cumulative across species).
2)
Notwithstanding subsection 1) b) (above), where a conditionally
approved riding academy and stables proposes to keep ten (10) or more
animal units (cumulative across species), they shall be deemed to be a
"livestock operation" as defined in PART 9 of this by-law and shall be
subject to the use and site requirements for a "livestock operation" as set
out in TABLE 5.1 or Table 5.2 (depending on the agricultural zone in
8
which the use is located) of PART 5 of this By-law as well as the
requirements of PART 6 of this By-law.
(xv) In the agricultural zone(s), an accessory shipping container as defined in PART
9 of this by-law may be developed as a permitted accessory building only
when it is located on the same site as a permitted or conditionally approved
general or specialized agricultural activity, livestock operation, farm or non-farm
dwelling site and in all cases it shall be located to the rear of the principal
dwelling on the site. All accessory shipping containers as provided for herein
shall be subject to the issuance of a Development Permit and must meet all
other requirements of the zoning by-law, Manitoba Building Code and Manitoba
Fire Code (where applicable).
(xvi) In the agricultural zone(s), an accessory tent-like structure as defined in PART
9 of this by-law may be developed as a permitted accessory building only
when it is located on the same site as a permitted or conditionally approved
general or specialized agricultural activity, livestock operation, farm or non-farm
dwelling site. All accessory tent-like structures greater than one-hundred and
eight (108) square feet shall be subject to the issuance of a Development
Permit.
(xvii) In the agricultural zone(s), an accessory religious institution which is located
on the same site and in direct support of either a permitted or conditionally
approved agricultural activity or livestock operation may be developed and shall
be treated as a permitted accessory structure.
(b)
CONDITIONALLY APPROVED ACCESSORY USES, buildings and structures in All
Agricultural zone(s) shall include the following:
i)
All newly siting accessory farm-based air landing strips and their related
storage facilities but only when they are located on and forming part of a
permitted or conditionally approved agricultural operation subject to the
following additional requirements:
a)
The minimum parcel size required for a permitted or conditionally
approved agricultural operation wanting to develop an accessory
farm-based air land strip and its associated storage facilities shall be
80 acres and the site shall have a minimum width of one-thousand
(1,000) feet;
b)
The accessory farm-based air landing strip and any related storage
facilities shall be setback a minimum of 300 feet from all property
lines of the site on which it is located;
c)
No newly siting accessory farm-based air landing strip and any
related storage facilities shall be developed within 1 mile of the limits
of all urban communities, General Development Zones, "RR" - Rural
Residential Zone(s) and "SR" - Seasonal Recreation Zones.
9
d)
Existing farm-based air landing strips and their related storage
facilities which do not comply with the minimum use and bulk and
siting and setback requirements as set out in this section shall be
deemed to be an approved conditionally approved accessory use as
they existed on the date of the adoption of this by-law.
e)
Notwithstanding anything in this By-law, all accessory farm-based air
landing strips and their related storage facilities shall be subject to
Transport Canada requirements and/or recommended guidelines
(where applicable) and it shall be the responsibility of the proponent
to investigate the need for any required permits, approval or licenses
as may be required from Transport Canada.
ii)
Not more than one secondary suite as defined in PART 9 of this by-law may
be developed as a conditionally approved accessory use and only when it is
located on the same zoning site and is located within and/or forming part of
either an existing or newly proposed permitted or conditionally approved
agricultural operation or non-farm dwelling site. Notwithstanding the siting
and setback requirements for "accessory uses" as provided for in Table 5.1
and Table 5.2 of PART 5 of this By-law, all secondary suites shall satisfy all
of the siting and setback requirements that are applicable to the principal
dwelling within which the secondary suite is to be developed and all
secondary suites shall not exceed 50% of the total habitable floor space of
the principal dwelling in which it is developed. In all cases, where a
secondary suite is being proposed, the principal dwelling in which the
secondary suite is being proposed shall be occupied by the owner of the
property. It shall be the responsibility of the proponent to consult with the
provincial authorities having jurisdiction prior to construction to determine the
suitability of the site to support the secondary suite and determine the need
for any provincial permits, approvals or licenses as may be required
associated with new or expanded or modified on-site wastewater collection
and drinking water systems and/or the provision of hydro and/or telephone
services.
(b)
In All Agricultural zone(s), all signs greater than 32 square feet in surface area
shall require conditional approval as an accessory structure and all signs regardless
of their size shall be set back a minimum of three (3) feet from any property line or in
the case of a corner site, a minimum of twenty-five (25) feet from any street side of
the site. No sign shall be erected or altered which would interfere with, or obstruct
the view of, or be confused with any authorized traffic indicator, signal or device.
(See PART 3[k3], Section 3.25 of this By-law for additional information
pertaining to signs);
10
2.22
In the "GD" GENERAL DEVELOPMENT ZONE, the following shall be treated as:
(a)
PERMITTED ACCESSORY USES, buildings and structures in the "GD" General
Development Zone shall include the following:
i)
A children's playhouse, garden house, private greenhouse, private
conservatory and private swimming pool when located on the same zoning
site as a residential use;
ii)
A private garage, carport, covered patio, porch, tool house, shed or other
similar additions and structures when located on the same zoning site as a
residential use;
iii)
Home-based businesses when developed in accordance with PART 6,
Section 6.1 of this by-law;
iv)
A privately owned non-commercial telecommunications tower used to support
ancillary devices such as but not limited to citizens band radio, television or
internet service which is located on the same site and in direct support of
either a permitted or conditionally approved use.
v)
Structures for the operation, maintenance and administration of, or incidental
to, a permitted parks and recreational use.
vi)
A dwelling or mobile home located to the side or rear of the principal building
for a watchman or caretaker whose presence on a permitted or conditionally
approved commercial or industrial site is necessary at all times;
vii)
Dwelling units, apartments or suites, when incidental to, and located above
and/or to the rear of a permitted or conditionally approved commercial use;
viii)
Retail outlets incidental to another permitted or conditional industrial or
commercial use;
ix)
Storage of goods, including buildings and structures in which said goods are
stored, used in or produced by, manufacturing activities, unless such storage
is excluded by the zone regulations;
x)
The production, processing, cleaning, servicing, altering, testing, repair or
storage of merchandise normally incidental to a business of personal service
or mercantile occupancy if conducted by the same ownership as the principal
use;
xi)
Accessory off-street parking;
Signs
xii)
All Signs in the "GD" - General Development Zone with less than 32
square feet of total sign surface area shall be treated as permitted accessory
structures and all signs regardless of their sign surface area shall be set back
a minimum of 3 feet from any property line and in the case of a corner site, all
signs shall be set back a minimum of 10 feet from the street side of the site.
11
(See PART 3, Section 3.25 of this By-law for additional information
pertaining to signs);
a)
No sign shall be erected which shall interfere with or obstruct the view
of, or be confused with any authorized traffic indicator, signal or
device.
(b)
CONDITIONALLY APPROVED ACCESSORY USES, buildings and structures in the
"GD" General Development Zone shall include the following:
i)
Not more than one secondary suite as defined in PART 9 of this by-law may be
developed as a conditionally approved accessory use and only when it is
located on the same zoning site and is located within and/or forming part of
either an existing or newly developed single-family dwelling. Notwithstanding
the siting and setback requirements for "accessory uses" as provided for in
Table 5.3 of PART 5 of this By-law, all secondary suites shall satisfy all of the
siting and setback requirements that are applicable to the principal dwelling
within which the secondary suite is to be developed and all secondary suites
shall not exceed 50% of the total habitable floor space of the principal dwelling
in which it is developed. In all cases, where a secondary suite is being
proposed, the principal dwelling in which the secondary suite is being proposed
shall be occupied by the owner of the property. It shall be the responsibility of
the proponent to consult with the provincial authorities having jurisdiction prior
to construction to determine the suitability of the site to support the secondary
suite and determine the need for any provincial permits, approvals or licenses
as may be required associated with new or expanded or modified on-site
wastewater collection and drinking water systems and/or the provision of hydro
and/or telephone services.
ii)
Incinerators and solid fuel burning appliances when secondary to an existing or
newly proposed industrial use, subject to the approval of provincial authorities
having jurisdiction and satisfying the requirements of the Municipality's Building
by-law;
Signs
iii)
All Signs in the "GD" - General Development Zone with more than 32
square feet of total sign surface area shall require conditional approval and all
signs regardless of their sign surface area shall be set back a minimum of 3
feet from any property line and in the case of a corner site, all signs shall be set
back a minimum of 10 feet from the street side of the site. (See PART 3,
Section 3.25 of this By-law for additional information pertaining to signs);
a)
No sign shall be erected which shall interfere with or obstruct the view
of, or be confused with any authorized traffic indicator, signal or
device.
12
2.23
In the "RR" RURAL RESIDENTIAL ZONE, accessory buildings, structures and uses
include the following:
(a)
PERMITTED ACCESSORY USES, buildings and structures in the "RR" Rural
Residential Zone shall include the following:
i)
A children's playhouse, garden house, private greenhouse, private
conservatory and private swimming pool when located on the same zoning site
as a residential use;
ii)
A private garage, carport, covered patio, porch, tool house, shed or other
similar additions and structures when located on the same zoning site as a
residential use;
iii)
A privately owned non-commercial telecommunications tower used to support
ancillary devices such as but not limited to citizens band radio, television or
internet service which is located on the same site and in direct support of either
a permitted or conditionally approved use.
iv)
Home-based businesses when developed in accordance with PART 6,
Section 6.1 of this By-law;
v)
Signs
a)
Identification and business signs such as real estate signs and
identification signs for cottages and single and multi-family dwellings
providing there is no more than one non-illuminated sign not exceeding
two square feet in sign surface area per zoning site;
(b)
CONDITIONALLY APPROVED ACCESSORY USES, buildings and structures in the
"RR" Rural Residential Zone shall include the following:
i)
Not more than one secondary suite as defined in PART 9 of this by-law may be
developed as a conditionally approved accessory use and only when it is
located on the same zoning site and is located within and/or forming part of
either an existing or newly proposed single-family dwelling.
b)
Notwithstanding the siting and setback requirements for "accessory
uses" as provided for in Table 5.4. of PART 5, all secondary suites
shall satisfy all of the siting and setback requirements that are
applicable to the principal dwelling within which the secondary suite is
to be developed and the secondary suite shall not exceed 50% of the
total habitable floor space of the principal dwelling in which it is
developed. In all cases, where a secondary suite is being proposed,
the principal dwelling in which the secondary suite is being proposed
shall be occupied by the owner of the property. It shall be the
responsibility of the proponent to consult with the provincial authorities
having jurisdiction prior to construction to determine the suitability of the
site to support the secondary suite and determine the need for any
provincial permits, approvals or licenses as may be required associated
13
with new or expanded or modified on-site wastewater collection and
drinking water systems and/or the provision of hydro and/or telephone
services.
ii)
Accessory tent-like structures in the "RR" Rural Residential Zone as defined
in PART 9 of this by-law may be allowed as a conditionally approved
accessory structure but only when it is located on the same site as a single
family, modular, mobile home and in all cases it shall be located to the rear of
the principal dwelling on the site. All accessory tent-like structures between
one hundred and eight (108) square feet (10 sq/m) and two hundred and fifty
(250) square feet (23.2sq/m) shall be subject to the issuance of a Development
Permit and must meet all other requirements of the zoning by-law. Accessory
tent-like structures exceeding two-hundred and fifty (250) square feet
(23.2sq/m) shall be subject to the issuance of a Development Permit and
Building Permit and must meet all other requirements of the zoning by-law.
iii)
Where an animal housing facility is proposed on a site with a single-family
dwelling, mobile or modular home as its principal use, the animal housing
facility may be allowed as a conditionally approved accessory use in the "RR"
Rural Residential Zone. In such circumstances, the maximum amount of
livestock which may be kept on a rural residential site shall not exceed 1.33
Animal Units (AU) per two (2) acres of site area as calculated from Table 6-1
of PART 6 of this by-law, to a maximum of three and a half (3.5) Animal Units
(cumulative across species) and shall be subject to the following additional
requirements:
a)
The animal housing facility and any manure stored onsite shall be
separated a minimum distance of two hundred (200) feet (61m) away
from all residences other than the owner's residence located on the
same site as the animal housing facility and any manure stored onsite.
In addition, any manure stored onsite shall be setback a minimum of
thirty (30) feet (9.15m) from the side and rear limits of the property on
which they are sited and shall also stored to the rear of the dwelling on
the site.
Signs
iv)
Bulletin board and identification signs for a non-residential building, structure or
use or part thereof may be allowed as a conditionally approved accessory
structure and shall be limited to one non-illuminated sign which does not
exceed 18 square feet in sign surface area.
(c)
PROHIBITED ACCESSORY USES, buildings and structures in the "RR" Rural
Residential Zone shall include the following:
i)
Advertising signs are prohibited in the "RR" Rural Residential Zone.
14
2.24
In the "SR" SEASONAL RECREATION ZONE, accessory buildings, structures and
uses include the following:
(a)
PERMITTED ACCESSORY USES, buildings and structures in the "SR" Seasonal
Recreation Zone shall include the following:
i)
A children's playhouse, garden house, private greenhouse, private
conservatory and private swimming pool when located on the same zoning
site as a residential or cottage use;
ii)
A private garage, carport, covered patio, porch, tool house, shed or other
similar additions and structures when located on the same zoning site as a
residential or cottage use. In the case of tool houses and/or sheds no more
than two (2) sheds per lot shall be allowed with each structure being no
more than a maximum of 108 square feet;
iii)
An accessory telecommunication tower used to support ancillary devices
such as but not limited to citizens band radio, television or internet service
which is located on the same site and in direct support of a principal
residential use of a site and shall be treated as a permitted accessory
structure.
iv)
Identification, business, direction signs or real estate signs for cottages and
single and two-family or multi-family dwellings providing there shall be no
more than one non-illuminated sign per zoning site not exceeding two
square feet in sign surface area;
v)
Building structures or uses accessory and incidental to a permitted or
conditionally approved commercial uses, including boat docks;
vi)
Accessory off-street parking;
vii)
Home-based businesses when developed in accordance with PART 6,
Section 6.1 of this by-law;
(b)
CONDITIONALLY APPROVED ACCESSORY USES, buildings and structures in the
"SR" Seasonal Recreation shall include the following:
i)
Not more than one secondary suite as defined in PART 9 of this by-law may
be developed as a conditionally approved accessory use and only when it is
located on the same zoning site and is located within and/or forming part of
either an existing or newly proposed single-family dwelling.
a)
Notwithstanding the siting and setback requirements for "accessory
uses" as provided for in Table 5.5 of PART 5, all secondary suites
shall satisfy all of the siting and setback requirements that are
applicable to the principal dwelling within which the secondary suite is
to be developed and the secondary suite shall not exceed 50% of the
total habitable floor space of the principal dwelling in which it is
developed. In all cases, where a secondary suite is being proposed,
15
the principal dwelling in which the secondary suite is being proposed
shall be occupied by the owner of the property. It shall be the
responsibility of the proponent to consult with the provincial
authorities having jurisdiction prior to construction to determine the
suitability of the site to support the secondary suite and determine the
need for any provincial permits, approvals or licenses as may be
required associated with new or expanded or modified on-site
wastewater collection and drinking water systems and/or the
provision of hydro and/or telephone services.
ii)
Bulletin board and identification signs for a non-residential building, structure or
use or site or use part thereof shall be limited to one non-illuminated sign not
exceeding 18 square feet in sign surface area.
iii)
Staff dwellings when located on the same zoning site and in association with a
commercial use. Said staff dwellings must be located in the side or rear yard of
the principal commercial use of the zoning site.
iv)
Where an animal housing facility is proposed on a site with a single-family
dwelling, mobile or modular home as its principal use, the animal housing
facility may be allowed as a conditionally approved accessory use in the "SR"
Seasonal Recreation Zone. In such circumstances, the maximum amount of
livestock which may be kept on a rural residential site shall not exceed 1.33
Animal Units (AU) per two (2) acres of site area as calculated from Table 6-1
of PART 6 of this by-law, to a maximum of three and a half (3.5) Animal Units
(cumulative across species) and shall be subject to the following additional
requirements:
a)
The animal housing facility and any manure stored onsite shall be
separated a minimum distance of two hundred (200) feet (61m) away
from all residences other than the owner's residence located on the
same site as the animal housing facility and any manure stored onsite.
In addition, any manure stored onsite shall be setback a minimum of
thirty (30) feet (9.15m) from the side and rear limits of the property on
which they are sited and shall also stored to the rear of the dwelling on
the site.
2.25
In the "RS" RESIDENTIAL SERVICED ZONE and "RU" RESIDENTIAL
UNSERVICED ZONE, accessory buildings, structures and uses include the following:
(a)
PERMITTED ACCESSORY USES buildings and structures in the "RS" Residential
Serviced Zone and "RU" Residential Un-Serviced Zone (excluding mobile
home spaces in a mobile home park or mobile home sites in a mobile home
subdivision, shall include the following:
i)
Home-based businesses when developed in accordance with PART 6,
Section 6.1 of this By-law;
16
ii)
Signs
Notwithstanding the requirements for accessory buildings, structures and
uses in Table 5.6 and 5.7 of PART 5 of this By-law, the following
requirements shall apply to all signs accessory to residential uses in the
"RS" and "RU" zones:
a)
For a single-family dwelling, two-family dwelling or modular homes,
one (1) identification sign not exceeding one decimal five (1.5) square
feet in sign surface area shall be permitted. On a corner site, one (1)
identification sign facing each street shall be permitted;
b)
Notwithstanding the requirements for accessory buildings, structures
and uses in Table 5.6 and 5.7 of PART 5 of this By-law, the
following requirements shall apply to all non-residential uses in the
"RS" and "RU" zones to signs as accessory structures:
i)
One freestanding identification sign not exceeding five (5)
square feet in sign surface area, indicating only the name and
address of the building, and the name, address and telephone
number of the landlord or leasing agent. Said sign shall not
project higher than fifteen (15) feet above the average level of
the ground, and shall not obstruct the light or view from a
window of a habitable room;
ii)
One (1) identification facia sign, not exceeding five (5) square
feet in sign surface area, indicating only the name and address
of the building; on a corner site, two (2) such signs, one (1)
facing each street, may be permitted;
iii)
One (1) bulletin board per site, not exceeding fifteen (15) square
feet in sign surface area; said sign shall not project higher than
fifteen (15) feet above the level of the ground;
iv)
One (1) area identification sign which is a sign that identifies a
specific residential area, provided approval for design, location,
maintenance and erection are granted by the Council;
v)
One (1) non-illuminated business facia sign per approved
business use, excluding home occupations, not exceeding
thirty-two (32) square feet in sign surface area, indicating only
the name and address of the business and building; on a corner
site, two (2) such signs, one facing each street, may be
permitted; and
vi)
Illuminated mobile signs used for advertising or business
purposes are prohibited in any residential zone.
17
(b)
PERMITTED ACCESSORY USES buildings and structures in the "RS" Residential
Serviced Zone and "RU" Residential Un-Serviced Zone, specific to mobile
home spaces in a mobile home park or mobile home sites in a mobile home
subdivision, shall include the following:
i)
In mobile home parks and mobile home subdivisions, the following uses,
buildings and structures shall be allowed as permitted accessory uses in
required yards as set out below.
In Front Yards
(i)
open terraces and steps not over four (4) feet above the average level
of the adjoining ground;
(ii)
chimney, bay window, open porch, balcony and first storey alcove or
vestibule projecting five (5) feet or less, and having a floor area not
exceeding fifty (50) square feet;
(iii)
overhanging eaves and gutters, canopies and awnings projecting five
(5) feet or less;
(iv)
uncovered walks and driveways, trees, trellises, flagpoles, lighting
fixtures and lamp posts;
(v)
a fence, wall or retaining wall not over two and one-half (2 ½) feet
above the average level of the adjoining ground;
(vi)
shrubs and similar horticultural landscape features, provided that
when they are placed in such a manner so as to produce a fence
effect, the height provision stated in paragraph v) shall not be
exceeded;
(vii) an open parking space or spaces, as regulated in PART 3, Section
3.38 of this By-law herein.; and
(viii) signs, as permitted and regulated in this PART and PART 3, Section
3.25 of PART 3 of this by-law.
In Side Yards
a)
Where the side yards are four (4) feet or less, open terraces and steps
less than four (4) feet above the average level of the adjoining ground
are allowed but shall not project more than 50 % into a required side
yard, but all such accessory structures shall be setback a minimum of
2 feet from the side yard limit of the mobile home space or mobile
home site;
b)
Where the side yards are greater than six (6) feet, chimneys, bay
windows, first storey alcoves or a vestibule, projecting up to two (2)
feet in front and rear yards but not closer than three (3) feet to side
site lines and having a floor area not exceeding six (6) square feet;
and
18
i)
overhanging eaves and gutters projecting two (2) feet or less,
but not closer than one (3) foot to the side site line;
ii)
chimney, bay window, open porch, balcony and first storey
alcove or vestibule projecting five (5) feet or less, and having a
floor area not exceeding fifty (50) square feet;
iii)
uncovered walks and driveways, tress and trellises, flagpoles,
lighting fixtures and lamp posts;
iv)
a fence, wall or retaining wall not over two and one-half (2 ½)
feet above the average level of the adjoining ground;
v)
overhanging eaves and gutters, canopies and awnings
projecting five (5) feet or less;
vi)
open balconies and decks, but not closer than two (2) feet to the
side site line;
vii)
an open parking space or spaces, as regulated in Section 3.38
of PART 3 of this By-law; and
viii)
signs, as permitted and regulated in Section 3.25 of PART 3 of
this By-law.
ix)
An accessory telecommunication tower used to support ancillary
devices such as but not limited to citizens band radio, television
or internet service which is located on the same site and in
direct support of the principal residential use of a mobile home
space or mobile home space. Notwithstanding the siting and
setback requirements of Table 5.6 and Table 5.7 of PART 5 of
this By-law, all accessory telecommunication tower structures
shall be set back from all mobile home site and/or mobile home
space limits on which it is located a minimum distance equal to
its total height, measured from the ground to the uppermost
point of its extension.
In Rear Yards
i)
open decks;
ii)
chimney, breezeway, bay window, open porch, balcony and first-
storey alcove, or vestibule, projecting five (5) feet or less and having a
floor area not exceeding fifty (50) square feet;
iii)
overhanging eaves and gutters, canopies and awnings projecting five
(5) feet or less;
iv)
uncovered walks and driveways, trees, trellises, flagpoles, lighting
fixtures and lamp posts;
19
v)
a fence, wall or retaining wall not over six (6) feet above the average
level of the adjoining ground;
vi)
a parking space or spaces, as regulated in Section 3.38 of PART 3
of this By-law; and
vii)
parabolic dish antenna provided it and all its components are located
entirely within the site on which it is located.
viii)
A children's playhouse, garden house, private greenhouse, private
conservatory and private swimming pool when located on the same
zoning site as a residential or cottage use;
ix)
A private garage, carport, covered patio, porch, tool house, shed or
other similar additions and structures when located on the same
zoning site as a residential or cottage use. In the case of tool houses
and/or sheds no more than two (2) sheds per lot shall be allowed with
each structure being no more than a maximum of 108 square feet;
(c)
CONDITIONALLY APPROVED ACCESSORY USES, buildings and structures in the
"RS" Residential Serviced Zone and "RU" Residential Un-Serviced Zone shall
include the following:
(d)
PROHIBITED ACCESSORY USES, buildings and structures in the "RS"
Residential Serviced Zone and "RU" Residential Un-Serviced Zone shall include
the following:
i)
Tent like structures and shipping containers;
ii)
Signs
(a)
Signs which incorporate in any manner visible, flashing, scintillating or
animated components are prohibited;
(b)
Advertising signs are prohibited in all Residential Zones.
(c)
No sign shall be erected or altered which, in Council's opinion, would
interfere with, or obstruct the view of or be a hazard to the motoring
public.
20
2.26
Accessory buildings, structures and uses include the following in the "CG" Commercial
General Zone:
(a)
PERMITTED ACCESSORY USES, buildings and structures in the "CG"
Commercial General Zone shall include the following:
i)
Accessory Caretaker / Watchman's Dwelling Unit
One (1) attached or detached caretaker / watchman's accessory dwelling
unit may be developed as a permitted accessory use but only when located
on the same parcel as the principal commercial use of the property. The
caretaker / watchman's accessory dwelling unit must in all cases satisfy all
of the siting and setback requirements applicable to the principal use of the
property and meet all other requirements of this by-law (including parking),
the Manitoba Building Code and Manitoba Fire Code (where applicable).
The minimum dwelling unit floor area for the accessory dwelling unit shall
be six-hundred (600) sq/ft (55.7sq/m). When the accessory caretaker /
watchman's dwelling unit is located within the principal building, it shall in all
cases be located above and/or behind the principal commercial use of the
building.
ii)
Accessory apartments / suites
Accessory apartments / suites may be developed as a permitted accessory
use but only when located on the same parcel as the principal use
commercial use of the property. The accessory apartments / suites must in
all cases be located within the principal building behind and /or above the
principal commercial use of the building and satisfy all of the siting and
setback requirements applicable to the principal use of the property and
meet all other requirements of this by-law (including parking), the Manitoba
Building Code and Manitoba Fire Code (where applicable). The minimum
dwelling unit floor area for each accessory apartment and or suite shall be
four hundred (400) sq/ft (37.2 sq/m).
iii)
Accessory Telecommunications Towers
An accessory telecommunication tower used to support ancillary devices
such as but not limited to citizens band radio, television or internet service
which is located on the same site and in direct support of either a permitted
or conditionally approved commercial use. Notwithstanding the siting and
setback requirements for Accessory Uses Buildings and Structures as set
forth in Table 5.8 of PART 5 of this By-law, all accessory
telecommunication tower structures shall be set back from all property lines
of the site on which it is located a minimum distance equal to its total
height, measured from the ground to the uppermost point of its extension.
iv)
All Signs in the "CG" - Commercial General Zone with less than 32
square feet of total sign surface area shall be treated as permitted
accessory structures. Notwithstanding the siting and setback requirements
for accessory uses, buildings and structures as set forth in Table 5.8 of
Part 5 of this By-law, all signs with less than 32 square feet of total sign
surface area shall be set back a minimum of 3 feet from any property line
and in the case of a corner site, all signs shall be set back a minimum of 10
21
feet from the street side of the site. (See PART 3, Section 3.25 of this By-
law for additional information pertaining to signs);
a)
No sign shall be erected which shall interfere with or obstruct the view of,
or be confused with any authorized traffic indicator, signal or device.
(b)
CONDITIONALLY APPROVED ACCESSORY USES, buildings and structures in the
"CG" Commercial General Zone shall include the following:
i)
Accessory Shipping Containers
An accessory shipping container as defined in PART 9 of this by-law, may
be sited as a permitted accessory structure but only when it is located on
the same parcel as the permitted or conditionally approved commercial use
to which it is accessory. All accessory shipping containers as provided for
herein shall be subject to the issuance of a Development Permit and must
meet all other requirements of the zoning by-law, Manitoba Building Code
and Manitoba Fire Code (where applicable).
ii)
Accessory Tent Like Structures
An "accessory tent-like structure" as defined in PART 9 of this by-law provided
it is located on the same parcel as the commercial use to which it is accessory.
All accessory tent-like structures between one hundred and eight (108) square
feet and two-fifty (250) square feet shall be subject to the issuance of a
Development Permit and must meet all other requirements of the zoning by-
law. Accessory tent-like structures exceeding two-hundred and fifty (250)
square feet shall be subject to the issuance of a Development Permit and
Building Permit and must meet all other requirements of the zoning by-law.
i)
All Signs in the "CG" - Commercial General Zone with more than 32 square
feet of total sign surface area shall require conditional approval.
Notwithstanding the siting and setback requirements for accessory uses,
buildings and structures as set forth in Table 5.8 of Part 5 of this By-law all
signs with more than 32 square feet of total sign surface area shall be set back
a minimum of 3 feet from any property line and in the case of a corner site, all
signs shall be set back a minimum of 10 feet from the street side of the site.
(See PART 3, Section 3.25 of this By-law for additional information pertaining
to signs);
a)
No sign shall be erected which shall interfere with or obstruct the view of,
or be confused with any authorized traffic indicator, signal or device.
(c)
PROHIBITED ACCESSORY USES, buildings and structures in the "CG"
Commercial General Zone shall include the following:
22
2.27
Accessory buildings, structures and uses include the following in the "MG" - Industrial
General Zone:
(a)
PERMITTED ACCESSORY USES, buildings and structures in the "MG" Industrial
General Zone shall include the following:
i)
Accessory Shipping Containers
An "accessory shipping container" as defined in PART 9 of this by-law, may
be sited as a permitted accessory structure but only when it is located on
the same parcel as the permitted or conditionally approved industrial use to
which it is accessory. All accessory shipping containers as provided for
herein shall be subject to the issuance of a Development Permit and must
meet all other requirements of the zoning by-law, Manitoba Building Code
and Manitoba Fire Code (where applicable).
ii)
Accessory Tent Like Structures
An "accessory tent-like structure" as defined in PART 9 of this by-law
provided it is located on the same parcel as the industrial use to which it is
accessory. All accessory tent-like structures between one hundred and
eight (108) square feet and two-fifty (250) square feet shall be subject to
the issuance of a Development Permit and must meet all other
requirements of the zoning by-law. Accessory tent-like structures
exceeding two-hundred and fifty (250) square feet shall be subject to the
issuance of a Development Permit and Building Permit and must meet all
other requirements of the zoning by-law.
iii)
Accessory Caretaker / Watchman's Dwelling Unit
One (1) attached or detached caretaker / watchman's accessory dwelling
unit may be developed as a permitted accessory use but only when located
on the same parcel as the principal industrial use of the property. The
caretaker / watchman's accessory dwelling unit must in all cases satisfy all
of the siting and setback requirements applicable to the principal use of the
property and meet all other requirements of this by-law (including parking),
the Manitoba Building Code and Manitoba Fire Code (where applicable).
The minimum dwelling unit floor area for the accessory dwelling unit shall
be six hundred (600) sq/ft (55.7sq/m). When the accessory caretaker /
watchman's dwelling unit is located within the principal building, it shall in all
cases be located above and/or behind the principal industrial use of the
building.
iv)
Accessory Telecommunications Towers
An "accessory telecommunication tower" used to support ancillary devices
such as but not limited to citizens band radio, television or internet service
which is located on the same site and in direct support of either a permitted or
conditionally approved industrial use. Notwithstanding the siting and setback
requirements for Accessory Uses Buildings and Structures as set forth in Table
5.9 of PART 5 of this By-law, all accessory telecommunication tower
structures shall be set back from all property lines of the site on which it is
located a minimum distance equal to its total height, measured from the ground
to the uppermost point of its extension.
23
iii)
All Signs in the "MG" - Industrial General Zone with less than 32 square
feet of total sign surface area shall be treated as permitted accessory
structures. Notwithstanding the siting and setback requirements for
accessory uses, buildings and structures as set forth in Table 5.9 of Part 5
of this By-law, all signs with less than 32 square feet of total sign surface
area shall be set back a minimum of 3 feet from any property line and in the
case of a corner site, all signs shall be set back a minimum of 10 feet from
the street side of the site. (See PART 3, Section 3.25 of this By-law for
additional information pertaining to signs);
a)
No sign shall be erected which shall interfere with or obstruct the view of,
or be confused with any authorized traffic indicator, signal or device.
(b)
CONDITIONALLY APPROVED ACCESSORY USES, buildings and structures in the
"MG" Industrial General Zone shall include the following:
i)
All Signs in the "MG" - Industrial General Zone with more than 32 square
feet of total sign surface area shall require conditional approval.
Notwithstanding the siting and setback requirements for accessory uses,
buildings and structures as set forth in Table 5.9 of Part 5 of this By-law all
signs with more than 32 square feet of total sign surface area shall be set back
a minimum of 3 feet from any property line and in the case of a corner site, all
signs shall be set back a minimum of 10 feet from the street side of the site.
See PART 3, Section 3.25 of this By-law for additional information pertaining
to signs);
a)
No sign shall be erected which shall interfere with or obstruct the view of,
or be confused with any authorized traffic indicator, signal or device.
(c)
PROHIBITED ACCESSORY USES, buildings and structures in the "MG" Industrial
General Zone shall include the following:
2.28
Accessory buildings, structures and uses include the following in the "O" Open Space
Zone:
(a)
PERMITTED ACCESSORY USES, buildings and structures in the "O" Open Space
Zone shall include the following:
i)
Buildings or structures for the operation, maintenance, and administration of
parks and/or recreational uses including information buildings and concessions;
ii)
Accessory off-street parking and loading areas as required and regulated in
Section 3.38 of PART 3 of this By-law;
24
iii)
Signs with less than 32 square feet of total sign surface area shall be
treated as permitted accessory structures. Notwithstanding the siting and
setback requirements for accessory uses, buildings and structures as set
forth in Table 5.10 of Part 5 of this By-law, all signs with less than 32
square feet of total sign surface area shall be set back a minimum of 3 feet
from any property line and in the case of a corner site, all signs shall be set
back a minimum of 10 feet from the street side of the site. (See PART 3,
Section 3.25 of this By-law for additional information pertaining to signs);
a)
Permitted signs include identification signs, bulletin board signs,
signs required by governmental law, order, rule or regulation,
memorial and/or commemorative plaques and the like built that are
into the walls of a building or other structure.
iv)
Accessory telecommunication towers subject to the following requirements:
a)
Notwithstanding the siting and setback requirements for accessory
structures and uses in the "O" Open Space Zone as set forth in Table
5.10 of PART 5 of this By-aw, the following requirements shall apply to
all accessory telecommunication tower structures:
1)
Where the Accessory telecommunications tower is located on the
ground or affixed to a pole attached to the ground:
-
The parabolic dish antenna shall be located to the rear of the
rear wall of the principal building and on the same site as the
principal building;
-
The maximum height of the top of a parabolic dish antenna
shall be no more than five (5) feet higher than the highest
point of the roof of the principal building;
-
A parabolic dish antenna shall not be located any closer to
the side and rear site lines than five (5) feet; in the case of a
corner side yard, the minimum distance from the street side
shall be ten (10) feet; and
-
In the case of a reverse corner site, a parabolic dish antenna
shall be permitted in the rear yard provided that it is to the
rear of the front wall of the principal building of the key site
but shall not be any closer to the side and rear site line than
five (5) feet.
2)
In the case of public buildings and institutions:
-
A parabolic dish antenna shall be permitted to be located on
a roof of a principal building; and
25
-
The base of the parabolic dish antenna shall not be higher
than two (2) feet above the nearest point of the roof and the
dish shall not be closer than one (1) foot from the edge of the
building.
(b)
CONDITIONALLY APPROVED ACCESSORY USES, buildings and structures in the
"O" Open Space Zone shall include the following:
(c)
PROHIBITED ACCESSORY USES, buildings and structures in the "O" Open
Space Zone shall include the following:
2.29
Accessory buildings, structures and uses include the following in the "AUR" Agricultural
Urban Reserve Zone:
(a)
PERMITTED ACCESSORY USES, buildings and structures in the "AUR" -
Agricultural Urban Reserve Zone shall include the following:
i)
Buildings or structures for the operation, maintenance, and administration of
parks and/or recreational uses including information buildings and concessions;
ii)
Accessory off-street parking and loading areas as required and regulated in
Section 3.38 of PART 3 of this By-law;
iii)
In the "AUR" - Agricultural Urban Reserve Zone signs with less than 32
square feet of total sign surface area shall be treated as permitted
accessory structures. Notwithstanding the siting and setback requirements
for accessory uses, buildings and structures as set forth in Table 5.11 of
Part 5 of this By-law, all signs with less than 32 square feet of total sign
surface area shall be set back a minimum of 3 feet from any property line
and in the case of a corner site, all signs shall be set back a minimum of 10
feet from the street side of the site. (See PART 3, Section 3.25 of this By-
law for additional information pertaining to signs);
a)
Permitted signs include identification signs, bulletin board signs,
signs required by governmental law, order, rule or regulation,
memorial and/or commemorative plaques and the like built that are
built into the walls of a building or other structure.
iv)
Notwithstanding the siting and setback requirements for accessory
structures and uses in the "AUR" Agricultural Urban Reserve Zone as
set forth in Table 5.11 of PART 5 of this By-law, the following
requirements shall apply to all accessory telecommunication tower
structures:
26
1)
Where the accessory telecommunications tower is located on the ground
or affixed to a pole attached to the ground:
-
The parabolic dish antenna shall be located to the rear or the
rear wall of the principal building and on the same site as the
principal building;
-
The maximum height of the top of a parabolic dish antenna
shall be no more than five (5) feet higher than the highest
point of the roof of the principal building;
-
A parabolic dish antenna shall not be located any closer to
the side and rear site lines than five (5) feet; in the case of a
corner side yard, the minimum distance from the street side
shall be ten (10) feet; and
-
In the case of a reverse corner site, a parabolic dish antenna
shall be permitted in the rear yard provided that it is to the
rear of the front wall of the principal building of the key site
but shall not be any closer to the side and rear site line than
five (5) feet.
(b)
CONDITIONALLY APPROVED ACCESSORY USES, buildings and structures in the
"AUR" - Agricultural Urban Reserve Zone shall include the following:
(c)
PROHIBITED ACCESSORY USES, buildings and structures in the "AUR" -
Agricultural Urban Reserve Zone shall include the following:
Temporary Uses, Buildings and Structures
2.30
Temporary uses, buildings and structures may be allowed in all zones as noted below and
require approval by Development Permit.
(a)
Temporary uses that are substantially similar in type, character, and effect as other
permitted and conditional uses allowed in a specific zoning district may be allowed
providing any such temporary uses will not have a detrimental effect on existing
development in the surrounding area.
27
(b)
Temporary uses would typically include construction yards or work camps located on
the same site as development projects but could include temporary residential uses
located on or near development sites for a specified period of time.
(c)
Temporary buildings and structures could include contractors trailers, tool storage
sheds, scaffolding, safety fences and netting, and outside storage of equipment,
building materials or supplies all of which need be incidental to work occurring on-
site and in support of project work in progress and not abandoned.
(d)
Temporary buildings and structures shall not exceed 1000 square feet in area and
not exceed one storey or 25 feet in height.
(e)
Temporary buildings and structures may be used for on-site offices for architects,
contractors, engineers, or developers with human habitation generally limited to the
temporary accommodation of caretakers or watchmen.
(f)
Temporary uses, buildings and structures (excluding materials and supplies stored
outside) shall be approved by the issuance of Development Permit which shall be
subject to such terms and conditions as may be required by the Development Officer,
Building Inspector, and/or municipal Council.
(g)
Asphalt and concrete batch plants.
(h)
Each Development Permit issued for a temporary use, building and structure shall be
valid for an initial period of one year and may be renewed or re-issued for a second
one year period of time. Council may approve a longer validation period under
extenuating circumstances but that decision would need to be supported with
documentation from the development proponent explaining those circumstances.
Recreational Vehicles
2.31
For a temporary use involving location of recreational vehicles on titled lots in residential or
recreational zones:
(a)
A validation period of two (2) years may be approved for the temporary use of a
licensed recreational vehicle (i.e. any 5th wheel trailer or park model built to CSA
Z240 or similar standards) as accommodation for the land owner and his/her family
while a permanent building is being constructed on their privately owned lot. The use
of a recreational vehicle for temporary living accommodation may only be for a
maximum two year period after which the vehicle must be removed off-site having
been replaced with a seasonal cottage or year-round dwelling constructed during the
validation period. The temporary living accommodation requires approval by
Development Permit.
(b)
The temporary use of a licensed recreational vehicle on titled lots may be further
restricted to a shorter validation period which may be documented in a Developer`s
caveat registered against the title; the lot owner will be responsible to check with the
28
developer or review their property title to ensure conformance with any validation
period set by someone other than by Council in this By-law.
(c)
Notwithstanding Section 2.31 (a) herein, the parking of a licensed recreational
vehicle on a private lot will be allowed without a Development Permit or fee provided
the vehicle is to be used for family vacation accommodation and is located on-site for
a single period of 3 weeks or less in each calendar year.
(d)
Storage of a licensed recreational vehicle on a private lot will also be allowed during
the winter season and does not require a Development Permit or fee.
(e)
Unlicensed recreational vehicles may, under the same time period restrictions as set
forth under Section 2.31 (a) herein, be allowed as temporary accessory structures
to be located on titled lots in a recreational zone subject to:
i)
Any setback requirements in the applicable Zone in this By-law,
ii)
Municipal and school board taxation; such units will be assessed and taxed
as a building,
iii)
Approval by Development Permit.
(f)
For clarity, the temporary use of recreational vehicles on titled lots may be located
on-site for limited periods of time (as noted above), but in no case shall they be
allowed as the principal building on a lot or parcel of land.
2.32
A temporary use involving the parking of recreational vehicles on rented spaces in work
camps located on a suitable parcel of land, in support of a specific development project
being undertaken in the area, may be approved provided that:
(a)
Such a temporary use receives Conditional Use approval with a validation period of
two (2) years or less in duration; the conditional use order will be supported by a
Development Permit issued by the Development Officer and, where necessary, a
Development Agreement signed by Council and landowner,
(b)
Satisfactory arrangements have been made with Council for public services
including use of municipal roads, solid and liquid waste disposal, fire and police
protection, as well as any needed health and education services,
(c)
The site has access from the public road system for vehicular traffic and is protected
from flooding by a surface water drainage system including culverts and swales,
(d)
The site is adequately sized to accommodate internal roads, off-street parking, street
lighting, common washroom and laundry facilities, garbage and recycling containers,
(e)
The temporary use, buildings, and structures will be removed on completion of the
development project which initiated the establishment of the temporary use and the
site shall be remediated to its pre-temporary use condition.
29
Wheelchair Ramps
2.33
Notwithstanding requirements for projections into required yards found in PART 3 of this
By-law, the temporary installation of a wheelchair ramp may be allowed subject to the
issuance of a Development Permit for the temporary structure which may extend into any
required yard of a residence for as long as the ramp is required by an occupant of the
residence.
Public Utilities and Services
2.34
This By-law shall be interpreted so as not to interfere with the construction, erection and
location of the distribution facilities of a public utility. However, office buildings, warehouse,
maintenance or storage compounds operated by a public utility shall be subject to the
provisions of this By-law.
(a)
Oil and gas pipelines, electric transmission lines and structures are deemed to be in
compliance with this By-law if they are carried out, constructed, operated and
maintained in accordance with applicable federal and provincial law; and
(b)
Commercial Wind Energy Generation Operations (WEGO) are deemed to be in
compliance with this By-law if they are approved (i.e. federal/provincial environmental
reviews) and operated under federal and provincial laws and are sited and developed
in accordance with the requirements of the zoning district in which they are sited as
set out in PART 5 of this By-law.
30
PART 3: GENERAL REGULATIONS FOR ALL ZONES
The following general requirements are intended to apply to development in all zoning districts,
except where otherwise noted in specific zone requirements, and shall be applied to all approvals of
development within the Municipality. Some, but not all, of the general requirements will apply to a
specific application for development approval. The interpretation and application of the general
requirements set out below, as well as the use and bulk requirements under a specific zoning district
(See PART 5 herein), shall be held to be the minimum requirements to satisfy the intent and
purpose of this By-law unless varied on a case by case basis by Council.
Bulk and Yard Requirements
3.1
In order to maintain the rural or urban character of each of these respective parts of the
Municipality, as well as a reasonable and consistent density of development, no land,
building or structure shall be used or occupied, and no building or structure shall be
constructed, erected, altered, enlarged or placed (unless varied by Council), except in
accordance with the minimum site area, minimum site width and yard requirements
prescribed for the zone in which the structure or use is located as set forth in the Use and
Bulk Tables of PART 5 of this By-law, and the other requirements of this By-law. Within all
zones, the required yards are intended to provide open spaces around buildings and
structures for purposes of amenity, privacy, fire protection, and maintenance operations
along the walls of buildings.
3.2
Any site or parcel of land which was lawfully 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
applicable in the zone where the parcel is situated, may be used or developed for a
permitted or conditionally approved 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 a Development Permit and/or
Building Permit and any required conditional use and/or variation permits as provided
for in The Planning Act and PART 7 of this By-law are obtained; and
(c)
All required yards and separation distances as required by this By-law are satisfied.
Corner Vision Triangles
3.3
In order to provide for a reasonable measure of traffic safety within all General Development
and Residential Zones, it is considered important to provide for good visibility conditions at
street intersections, by establishing special open space requirements as follows:
31
(a)
No building, structure, vehicular parking space, shelterbelt, hedge or stockpiling of
materials exceeding a height of three (3) feet above grade shall be located within a
triangular area of any site adjacent to an intersection of two public streets, with the
sides of the triangular area being measured a distance of ten (10) feet along each
property boundary from the point of intersection.
Projections into Yards
3.4
Required yards in all zones shall be maintained as open space areas on all sites, except as
follows:
(a)
Open, unenclosed projections of a building, including eaves, awnings, stairs,
landings, wing-walls, raised decks and balconies, may extend into a required yard up
to fifty (50) percent of the required yard depth to a maximum projection of five (5)
feet, whichever is the lesser (See PART 2, Section 2.33 of this by-law regarding
wheelchair ramps);
(b)
Enclosed projections of a building, including chimneys, alcoves, and bay windows
may extend into a required yard up to fifty (50) percent of the required yard depth to a
maximum projection of five (5) feet, whichever is the lesser, provided that no more
than twenty (20) square feet of ground surface area within any required yard is
occupied by these types of projection;
(c)
Landscaping features such as driveways, sidewalks, and patios at grade level,
ornamental plantings, fences and other decorative features are permitted within any
required yard, provided that in residential areas the maximum height of a fence in
any required front yard shall be three (3) feet, and the maximum height of a fence in
any required side or rear yard shall be six (6) feet;
Double Frontage Sites
3.5
Within any zone, sites with frontage along two more or less parallel streets, the following
provisions shall apply:
(a)
Where the site depth is greater than two-hundred (200) feet, both site lines which
abut these streets shall be considered to be front site lines, and the adjacent yards
shall both be considered to be required front yards; and
(b)
Where the site depth is two-hundred (200) feet or less, only one (1) site line shall be
considered to be the front site line, and this determination shall be made by the
development officer, based on the arrangement of existing buildings in the immediate
area.
32
Front Yards
3.5
For odd-shaped parcels or lots in any zoning district, determining which yard is the front yard
can be problematic. Generally, the front yard is considered to be the narrowest yard adjacent
to the property line which fronts on a street. Odd-shaped parcels or lots can have frontage
on more than one street and, in these cases, a determination shall be made by the
Development Officer as to which yard will serve as the front yard for the purpose of
approving development on-site.
Shoreline Sites
3.6
Sites along shorelines can change shape over time with wind and wave action on the body
of water. Maps showing a site along a water body, or surveyor's plans locating the Ordinary
High Water Mark at a particular point in time, can include irregular shorelines. In these
cases, the Development Officer shall make a determination of the location of the average
shoreline across the property to serve as a representation of the lakeside property line for
the purpose of approving development on such sites.
Site Reduced by Road Widening
3.7
Where the site area or site width of a parcel of land has been reduced as a result of land
acquired for the establishment or widening of a public road or drain, or for any other public
work, the land which has been acquired shall be deemed to be part of the site for purposes
of determining compliance with the minimum site area and site width requirements and
required yards for existing buildings as specified by this By-law. However, where new
buildings or structures are proposed, the required yards shall be determined by the location
of actual site boundaries.
Derelict or Unsafe Buildings
3.8
Buildings dangerous to public safety are addressed in the Municipal Act whereby municipal
Council may determine, based on information provided by the Building Inspector, that a
building, structure, or premises is dangerous to public safety by reason of its ruinous,
dilapidated, unsafe, or unprotected condition. The registered owners of such buildings may
be ordered under provincial legislation to remedy the offending condition or to demolish or
remove the building, structure, or premises and level the site it occupies.
3.9
In accordance with other requirements of the Municipal Act, upon completion of the
removal or demolition of a derelict or unsafe building from a site, the old foundation shall be
removed, any excavation shall be filled, the ground shall be levelled and the site shall be put
in a safe condition to the satisfaction of the local Building Inspector who shall notify the
33
Municipality that the site owner has undertaken appropriate action to ensure public safety on
the affected site.
3.10
Under companion legislation (Buildings and Mobile Homes Act), the Building Inspector
can identify a safety hazard in a building or portion of a building and subsequently order the
property owner or contractor to take such steps necessary to remove the hazard so as to
make the building or structure safe.
3.11
Those seeking development approvals for sites containing derelict or unsafe buildings will be
required to address any existing building deficiencies prior to receiving a Development
Permit under this By-law; property owners' plans to remedy such building deficiencies will
need to accompany applications for development approvals.
Portable or Temporary Storage Structures
3.12
Portable or temporary structures designed for a limited life are commonly used for temporary
storage. These storage structures typically require assembly on-site and are often made of
light materials (like metal rods and vinyl coverings) for easy handling. Because of their
design, these types of portable or temporary structures may suffer damage from weather
conditions including high winds or snow loads. Where such structures may be allowed in the
Municipality, those units so damaged may be repaired to their original state but not modified
by the introduction of alternate building materials not included in the original design.
3.13
Larger portable or temporary structures (i.e. greater than one-hundred and eight (108)
square feet such as those designed to store vehicles) may be approved within required side
or rear yards provided that a separation distance of three (3) feet is maintained from site
lines and six (6) feet from any dwelling and subject to the issuance of a Development Permit
once every calendar year while the portable or temporary structure remains on-site.
3.14
Smaller portable or temporary structures not exceeding one-hundred and eight (108) square
feet in floor area for the storage of domestic equipment do not require a development permit
and may be located within any required interior side yard or required rear yard, provided that
a separation distance of one (1) foot is maintained from the site line, and a separation
distance of three (3) feet is maintained from any dwelling.
Storage Buildings
3.15
Small storage sheds not exceeding one-hundred and eight (108) square feet in floor area for
the storage of domestic equipment are allowed in all zones, without a Development Permit,
but they must be located on-site within any required interior side yard or required rear yard,
provided that a separation distance of one (1) foot is maintained from the site line, and a
separation distance of three (3) feet is maintained from any dwelling.
34
3.16
Larger storage buildings (greater than one hundred and eight (108) square feet in floor area)
proposed to be located on lots or parcels in urban areas require a Development Permit and
they shall conform to all requirements for accessory buildings and structures in the
applicable urban zone.
3.17
Large sheds for storage of agricultural equipment are allowed in the rural areas in the "AG"
Zone and "AL" Zone; these buildings require a Development Permit and shall be located a
minimum of 125 feet from any front property line and 25 feet away from side and rear
property lines.
3.18
Large storage sheds intended for rural area locations must be pre-engineered buildings or
material packages to be assembled on-site and may include pole barns, storage sheds,
metal buildings like Quonset huts, and/or recycled shipping containers.
Fences
3.19
Fences in urban areas that adhere to any identified height restrictions set for an urban area
zone (See PART 5 of this By-law) and will be located totally on property owned by the
proponent may be established with a Development Permit.
3.20
Applications for approval of fences in urban areas being proposed for a location close to (i.e.
within one foot but not touching) a property line, will need to be supported with reasonable
information as to the exact location of the property line. Reasonable information will include
the existence and identification on the ground of iron pins or monuments installed by a
surveyor or accurate measurements from nearby survey pins. Prior to issuing a
Development Permit, the Development Officer must be satisfied that existing property
information or measurements are accurate and serve as a reasonable basis on which to
proceed with construction of the fence on the proposed site.
3.21
Fences in urban areas that are to be located on established site lines (i.e. the legal limits of a
parcel of land) shall require a Development Permit under this By-law and, depending on
circumstances, the owner and any neighbouring owner may be required to secure a
surveyor's plan to locate the site lines and enter into an agreement (setting down individual
responsibilities and the sharing of costs for surveying, construction, maintenance, and
demolition of such fences) as prepared by a lawyer. Any required development agreement
shall be presented to the Development Officer prior to the issuance of the required permit(s)
and, depending on content, such agreements may be required to be registered in the Land
Titles Office on the title(s) of all of the parcels sharing said fencing.
3.22
Rural area fences established on or near property lines for the control of livestock or
protection of farm buildings or equipment in rural zoning districts do not require a
Development Permit.
35
Swimming Pools
3.23
Swimming pools with a water depth of greater than two (2) feet, including above-ground, in-
ground, portable or permanent types, shall be allowed as a permitted accessory use to a
residential use (including when located on a farm), recreational, or commercial development
provided that:
a) The pool is located not closer than six (6) feet to any side or rear lot line;
b) The pool area is protected by a fence with lockable gates and of suitable construction
and height to ensure public safety, particularly for the safety of small children and to
guard against uninvited guests;
c) A Development Permit is issued under this By-law; and,
d) A Building Permit is issued under the local Building By-law and satisfies all applicable
requirements of the Manitoba Building Code.
Public Monuments and Cairns
3.24
Nothing in this By-law shall be so interpreted as to interfere with the establishment of public
monuments and cairns within the municipality in any zoning district.
Signs
3.25
Most, but not all, signs are allowed as either permitted or conditionally approved accessory
structures in the urban and rural areas of the Municipality, but the following requirements
shall also apply:
a)
Home-based business signs shall be limited in size depending on their location in
urban and rural zones (See PART 6 of this By-law),
b)
No sign or sign structure shall be erected at any location where it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign or obstruct the
view of any highway or street intersection or railroad crossing,
c)
The placing of a sign structure within the control lines along roads and control circles
at major intersections of a Provincial Road or Provincial Trunk Highway shall require
a permit from the provincial authority having jurisdiction,
d)
All signs and their support structures shall be kept in good repair. Signs which are in
a state of disrepair, or which have become obsolete because of the discontinuance
of the land use or advertised business or service, must be removed or relocated
within thirty (30) days following these changes. After that 30 day grace period, sign
36
owners can expect a notification or compliance order from the Development Officer
or Council requiring sign changes or removal within 30 days. Obsolete or damaged
signs may be removed by the Municipality, at the owner's expense, following the 60
day grace and notification periods.
e)
The following signs shall be allowed as permitted accessory structures in All Zones
as permitted accessory uses without the need to obtain a Development Permit
i)
Signs required to be maintained by law or governmental order, rule or
regulation;
ii)
Memorial signs or tablets of bronze, brass, stone or other non-combustible
materials when built into or attached to the walls of a building or other
structure provided such tablets bear only the name of the owner, the name
and use of the building, and the date of erection of the building or reading
matter commemorating a person or event;
iii)
Signs of a duly constituted governmental body, including traffic or regulating
devices, legal notices, railway crossing, danger and other emergency signs;
iv)
Non-illuminated campaign signs, pursuant to the Federal and Provincial
provisions under the Elections Act;
v)
One (1) non-illuminated temporary real estate sign for the sale of property
only, not to exceed a maximum of thirty-two (32) square feet in sign surface
area, and where said sign is freestanding, the maximum height above grade
shall be six (6) feet; and
vi)
One (1) non-illuminated temporary construction sign not to exceed a
maximum of thirty-two (32) square feet in sign surface area, and when said
sign is freestanding, the maximum height above grade shall be twenty (20)
feet.
Private Water Supply and Sewage Disposal Systems
3.26
In situations where piped municipal water supply and/or wastewater collection and disposal
services are not available, land owners may choose to construct private water supply and
sewage disposal systems on their development site. Provincial regulations allow for a variety
of on-site wastewater management systems which must be registered with the provincial
authority having jurisdiction prior to their installation. Similarly, the provincial authority having
jurisdiction should be consulted about private water supplies; provincial regulations require
certain types of public and semi-public water supplies be approved by the provincial authority
having jurisdiction. It is the responsibility of the land owner and/or developer to apply for all
required provincial permits and/or approvals for any private water supply and sewage
disposal system.
37
Service Connections
3.27
Where a site is serviced by municipal piped water or wastewater systems, no permanent
principal building shall be constructed or placed on the site unless it is connected to such
services.
Lands Subject to Flooding
3.28
No habitable buildings or structures shall be built in areas in the vicinity of creeks, streams
and lakes where there is local flood knowledge or provincial information available about
flooding by a one in a hundred year flood event, unless the owner provides sufficient
information prepared by a qualified engineering consultant (retained at the owners expense)
to demonstrate appropriate mitigation measures so as to be in compliance with the policies
of the Municipality of Killarney - Turtle Mountain Development Plan. Those wishing to
develop on property along a lake shore that is subject to flooding will be required to calculate
a 100 year flood elevation by determining the highest elevation of water during flood
conditions, adding two (2) feet for wave action and another two (2) feet for wind setup.
Assistance in determining the practical on-site flood level, reflecting the 100 year flood event
level plus wave/wind conditions, may be available from provincial agencies. The following
additional provisions shall apply to development in the vicinity of creeks, streams and lakes
to help minimize flood risk as follows:
(a)
Activities such as dumping, excavation and/or clearing which will accelerate or
promote dangerous erosion or bank instability shall be prohibited.
(b)
Development shall not be permitted on lands subject to bank instability, landslides or
subsidence.
(c)
Development will not be permitted if, as a result of the development:
1.
There is an added risk to life or safety; or
2.
Water flow, flow velocities or stages are adversely altered, obstructed or
increased.
(d)
Where development is proposed in an area where there is local knowledge of
ponding due to snowmelt or heavy rainfall events, the owner may be required to
provide additional flood mitigation measures, including the provision of sufficient fill
and use of lot grading around buildings and water-proofing of buildings to provide an
additional measure of protection from flood damage.
(e)
No permanent building shall be constructed or placed on land that 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 an engineering investigation
by a qualified professional engineer licensed by the Association of Professional
Engineers and Geoscientists of the Province of Manitoba (APEGM) (retained at the
owners expense) demonstrates to the satisfaction of Council that appropriate
mitigation measures will be taken to deal with the unsuitability or hazard.
38
(f)
The 100 year flood elevation for all areas of the municipality that may be subject to
flooding may not be known. The Council may, in its absolute discretion, refuse a
development and/or building permit for any permitted or conditional use if, in its
opinion and/or upon advice from provincial authorities having jurisdiction, said use
may be subject to flooding in any manner or degree. In areas where the flood hazard
has not been established, all permanent structures shall be set back from all
waterways a distance of at least 10 times the height of the bank above channel grade
or 200 feet, whichever is greater, unless an engineering investigation by a qualified
professional engineer licensed by the Association of Professional Engineers and
Geoscientists of the Province of Manitoba (APEGM) (retained at the owners
expense) demonstrates to the satisfaction of Council shows that these limits may be
reduced.
High Water Table Areas
3.29
Groundwater conditions are highly variable throughout the Municipality, and in some areas
the groundwater table may be very close to the surface. It is the owner's responsibility to
provide sufficient measures in the design of the building to adequately protect basements
from groundwater infiltration. Such measures may include but are not limited to the
provision of sufficient fill around buildings and lot grading that ensures flow of surface water
away from buildings during rainfall events, foundation water proofing.
Water Drainage
3.30
Where a proposed development involves the construction of water control works or drainage
works as identified under the Water Rights Act, it shall be the responsibility of the proponent
to contact the provincial authority having jurisdiction to obtain any required licenses or
approvals prior to the commencement of development.
3.31
First and Second Order drains (i.e. those with one other or no other stream joining) are the
responsibility of the municipality, while larger drains are the responsibility of the Province
which has delegated that responsibility to many of the Conservation Districts. Developments
proposed for locations adjacent to streams and rivers in the Municipality may need to be
reviewed by the Municipality, Province, and/or Conservation District prior to receiving
municipal approval through issuance of a Development Permit under this By-law.
3.32
Provincial drains and stream diversion projects are the responsibility of the Province; an
example of the latter is the water diversion project adjacent to Pleasant Valley at the eastern
end of Pelican Lake.
39
Steep Natural Slopes
3.33
Sensitive lands with steep natural slopes are typically found along lake and river valleys
formed at end of the last glacial period. Given the type of soils left by glacial activity (such as
shale banks), there can be issues with erosion and slumping on steep slopes, especially
where water is allowed to infiltrate the slope material.
3.34
In recognition of the potential for bank instability in utilizing land with steep natural slopes for
development, Council requires that applications for development on lands with a natural
slope exceeding15% to be supported by a report written by an engineer licensed by the
Association of Professional Engineers and Geoscientists of the Province of Manitoba
(APEGM) (retained at the owners expense) attesting to the suitability of the proposed
development on the proposed site, recommending mediation techniques to reduce
opportunities for erosion and slumping, as well as engineered plans for construction of
building foundations, retaining walls, driveways, private lanes, and public roads.
Land Gradients
3.35
Existing land gradients on private lots shall be maintained within a horizontal distance of four
(4) feet of all site lines, unless otherwise approved by Council.
3.36
Where major earthworks involving excavations or retaining walls are being proposed,
Council requires the owner to submit plans prepared by an engineer licensed by the
Association of Professional Engineers and Geoscientists of the Province of Manitoba
(APEGM) (retained at the owners expense) to support an application for development
approval.
Road Access
3.37
No permanent building may be constructed or placed on a site which does not have frontage
on a public street, private lane, or legal access to the public road system by way of an
easement agreement / declaration of right of way.
Parking Requirements For All Zones
3.38
Accessory off-street parking spaces shall be provided and maintained in accordance with
Table3-1: "Zone Specific Minimum Parking Space Requirements" (below).
40
TABLE 3-1: ZONE SPECIFIC MINIMUM PARKING SPACE REQUIREMENTS
ZONING DISTRICT
USE
MINIMUM NUMBER OF ACCESSORY
PARKING SPACES REQUIRED
"AG" Agricultural General
All Residential Uses
One (1) parking space per dwelling unit)
"AL" Agricultural General
All Residential Uses
One (1) parking space per dwelling unit)
"GD" General Development
All Uses
One (1) parking space per dwelling unit or
other principal use
"RR" Rural Residential
All Uses
One (1) parking space per dwelling unit or
other principal use
"SR" Seasonal Recreation
All Uses
One (1) parking space per dwelling unit or
other principal use
"RS" Residential Serviced
Single-family dwelling
Two-family dwelling
One (1) parking space per dwelling unit
Multiple-family
dwellings
(three or more units)
a) i) ii)
One and one-half (1 ½) parking space per
dwelling unit
Other uses
As determined by Council except that all
conditional uses shall be decided by Council
pursuant to the provisions of the Act.
Mobile Homes
One (1) parking space per dwelling unit
Other
Permitted
or
Conditionally Approved Uses
As determined by Council.
"RU" Residential Un-
Serviced
Single-family dwelling
Two-family dwelling
One (1) parking space per dwelling unit
Multiple-family
dwellings
(three or more units)
a) i) ii)
One and one-half (1 ½) parking spaces per
dwelling unit
Other
Permitted
or
Conditionally Approved Uses
As determined by Council
"CG" Commercial General
All Commercial Uses
One (1) loading space for every 5,000 sq/ft of
gross floor area
Accessory Apartments, Suites
or Dwelling Units Located
Within a Commercial Building
One (1) parking space per dwelling unit
Cultural
and
Religious
Institutions
To be determined by Council based on the
occupancy rating for the facility
Hotels and/or Motels
One (1) parking space per room or suite
Restaurants
and
Coffee
Shops and the like
One (1) parking space for each 100 sq. ft. of
gross floor area.
Retail or Wholesale Stores
One (1) parking space for each 400 sq. ft. of
floor area used for retail or wholesale
purposes.
Warehouse and/or Storage
One (1) parking space for each three (3)
employees.
41
TABLE 3-1: ZONE SPECIFIC MINIMUM PARKING SPACE REQUIREMENTS
ZONING DISTRICT
USE
MINIMUM NUMBER OF ACCESSORY
PARKING SPACES REQUIRED
All Other Uses
One (1) parking space per 1,500 sq/ft of gross
floor area but not less than two (2) per zoning
site
"MG" Industrial General
Cafes, Coffee Shops
One (1) parking space for each 100 sq/ft of
retail space
All Industrial Uses except for
warehousing and storage
One (1) parking space for each 1,500 sq/ft of
gross floor area but not less than two (2)
parking spaces per zoning site.
Warehousing and Storage
One (1) parking space for each three (3)
employees.
All industrial uses up to 5,000
sq/ft of gross floor area
One (1) loading space
All industrial uses 5,001 sq/ft
of to 15,000 sq/ft gross floor
area
Two (2) loading spaces
All industrial uses 15,001 sq/ft
to 40,000 sq/ft of gross floor
area
Three (3) loading spaces
All industrial uses over 40,000
sq/ft
Three (3) loading spaces plus one additional
space for each additional 25,000 sq/ft or
portion thereof exceeding 40,000 sq/ft of gross
floor area
"O" Open Space
All Uses
As determined by Council
"AUR" Agriculture Urban
Reserve
As determined By Council
As determined By Council
Footnotes Forming Part of Table 3-1:
a)
For the purpose of computing the accessory off-street parking spaces, the following shall
apply:
I)
When the computation of the number of accessory off-street parking spaces required by
this By-law results in a requirement of a fractional parking space, any fraction less than
one-half (1/2) of a parking space may be disregarded, whereas a fraction of one-half
(1/2) or more of a parking space shall be counted as one (1) parking space.
II)
Twenty percent (20%) of the required parking spaces shall be unassigned guest parking
spaces readily available to an entrance of the building to be served.
b)
All accessory off-street parking spaces may be open to the sky or enclosed within a structure.
c)
All off street parking areas and their related access driveways shall be graded in a manner
that ensures there will be no free flow of surface water onto adjacent properties or adjacent
public sidewalks.
42
d)
All accessory off-street parking spaces shall be located on the same zoning site as the use(s)
served;
I)
Subject to paragraph III) herein, no accessory off-street parking spaces shall be
permitted in the front yard; and
II)
Open accessory off-street parking spaces may be provided, for the permanent parking
for not more than two (2) private passenger vehicles in the required front yard for single-
family dwellings and two-family dwellings, only where a side yard is not sufficiently wide
for a driveway and where no access to the rear of the site by means of a lane or street is
possible. No parking of boats, trailers, campers or motor homes shall be permitted in
the required front yard.
III)
Open accessory off-street parking spaces may be provided, for the permanent parking
for not more than two (2) private passenger vehicles in the required front yard for single-
family dwellings and two-family dwellings, only where a side yard is not sufficiently wide
for a driveway and where no access to the rear of the site by means of a lane or street is
possible. No parking of boats, trailers, campers or motor homes shall be permitted in
the required front yard.
e)
The layout and design of all multi-space parking areas shall satisfy the following criteria:
I)
The layout and design of the accessory off-street parking area shall be in accordance
with Figure 3-1: "Design Standards For Parking Spaces" (below);
II)
The length of each parking space as specified in Figure 3-1 of this PART shall be
exclusive of access driveways, aisles, ramps and columns;
III)
Lighting used to illuminate an accessory off-street parking area shall be arranged so that
it does not illuminate directly onto the adjoining sites, streets or lanes.
43
FIGURE 3-1: DESIGN STANDARDS FOR PARKING SPACES
f)
An accessory open off-street parking area for a multiple-family dwelling shall be provided with
bumper guards, wheel stops, masonry walls or ornamental fences as approved by the
Development Officer.
I)
Bumper guards, wheel stops, masonry walls or ornamental fences shall be used on an
accessory open off-street parking area in order to prevent a vehicle from encroaching
onto public or private property; and
II)
Bumper guards, wheel stops, masonry walls or ornamental fences shall be maintained
in good condition at all times.
g)
When a building is enlarged or a use is extended or changed, the accessory off-street parking
spaces shall be provided for the enlargement, extension, or new use in accordance with the
regulations of Section 3.38. of this PART.
44
h)
Accessory off-street parking spaces in existence on the effective date of this By-law or
amendments thereto, and located on the same zoning site as the building or use served, shall
not be further reduced below the parking requirements for a similar new building or use under
the provisions of Section 3.38 of this PART.
Streets, Public Roads, and Private Lanes
3.39
A street, as defined in this By-law, is intended to provide access to private property from the
public road system in Manitoba; the right-of-way for local streets must have a minimum width
of 50 feet to allow for road construction, water drainage, public services (such as Hydro) as
well as year-round maintenance including snow storage.
3.40
Most new roads in the Municipality will be public roads dedicated to public use, will be built to
either provincial or municipal construction standards, including slopes of 6% or less, and will
be maintained by either the Province or the municipality.
3.41
There are circumstances where private lanes may be approved. Potential development
areas with steep natural slopes, where deeply cut water drainage channels or ravines are
possible, may not be suitable for the construction of new public roads because of difficulties
meeting slope requirements or costs needed meet road construction standards and/or
maintenance year-round. In these types of circumstances, Council may approve the use of
private lanes provided that the private lane:
a)
serves a rural residential or recreational area developed for seasonal cottages or
year-round dwellings,
b)
intersects with a public road or street,
c)
provides frontage for and access to private lots or parcels,
d)
meets, in practical ways, most municipal road construction standards, including slope
requirements,
e)
meets minimum width requirements of 50 feet, or a lesser width to be specified in a
Development Agreement to be registered on title, and
f)
will be maintained year-round by private parties hired by cottage or lot owner
associations, or under contract negotiated with the municipality.
3.42
To ensure access to private property from the public road system in Manitoba, provincial
subdivision regulations require that every lot or parcel of land has frontage on a public road.
In accordance with provincial regulations and other provisions in this By-law, the
Development Officer may approve development on a Zoning site that has the required
frontage on a private lane, provided that the private lane meets the requirements listed in
Section 3.37 of this PART (above).
45
Development Near Watercourses
3.43
Building Setbacks: to assist with the provincial goal of retaining riparian areas along streams
and lakes in the Municipality, Council may require that permanent buildings be setback from
the water`s edge and may require a public reserve adjacent to waterbodies. The building
setback will be determined on a case-by-case basis depending on the identification of the
possibility for erosion or slumping to occur on-site.
3.44
Public Reserves: Council will, at its own discretion, decide on the need for and width of any
public reserve along waterbodies in the Municipality. This is an important decision especially
in situations where the municipality will ultimately be responsible for the maintenance of any
public reserve created as a result of that decision. In situations where the Province will retain
ownership and responsibility for the public reserve, Council`s decision will dutifully take into
account any advice received from the Province. The location of any public reserve may be
shown on a surveyor`s plan or shown as "O" Open Space Zone on the Zoning Map
attached to this By-law.
Private Docks
3.45
Private docks are typically located at the water's edge near a dwelling or cottage, often
below the ordinary high water mark, and in place just for the summer season. Accordingly,
seasonal private docks shall be considered as a permitted accessory use and do not require
a Development Permit issued by the Development Officer, but they do require approval by
Council via a resolution.
3.46
While provincial and municipal permits are not required for docks on private land, it will be
the responsibility of the landowner to consult with DFO by phone or on-line to determine
whether their dock plans are lake-friendly and satisfy all applicable requirements of DFO's
Operational Statement and therefore do not require DFO approval prior to installation
adjacent to a water body in Manitoba.
3.47
Any dock proposed to be located on provincial Crown Land or Crown Reserve requires
approval under the Crown Lands Act and an application and approval thereof to the
provincial authority having jurisdiction is required.
Development Near Solid Waste Disposal Sites
3.48
No habitable building, commercial building or mobile home shall be constructed or located
within 1320 feet of any active or abandoned solid waste disposal site, unless, it can be
demonstrated
to
the
provincial
authority
having
jurisdiction
by
a
qualified
engineer/geotechnical specialist licensed to practice in Manitoba that there will be no
unacceptable risks presented to health and life safety by the migration of dangerous gases
or other substances or by unfavourable subsoil conditions. Provincial regulations also apply
to development near waste disposal grounds.
46
Development Near Sewage Lagoons
3.49
No habitable building or mobile home shall be constructed or located within 1,500 feet of any
sewage lagoon approved for the treatment of liquid waste, including septage.
Development Near Hazardous Materials Storage
3.50
No dwelling or mobile home or other habitable building shall be constructed or located within
2,640 feet of the site of an inland grain terminal, anhydrous ammonia storage tank or a bulk
fuel, fertilizer or chemical storage facility, including agricultural chemical warehouses. All
hazardous material storage facilities shall be setback a minimum of 350 feet of any public
roadway.
Development Near Areas with Potential for Aggregate Extraction
3.51
No building, dwelling, mobile home or farm building or structure shall be constructed or
located within an area which has been designated as a high or medium quality aggregate
area by the Province of Manitoba, unless the site has been further reviewed by the Mines
Branch and a recommendation provided which would allow development to proceed. Where
the proposed building is a dwelling or mobile home, a minimum separation distance of 500
feet shall be provided between the building location and any active mining area, any area
with a valid mineral quarry lease or which is identified by the Mines Branch as being a
significant aggregate deposit.
Development Near Airports
3.52
Any building, structure, or planting (e.g. tree shelterbelt) exceeding thirty (30) feet in height
which could be an obstruction within the flight approaches of any aircraft landing area within
a distance of one (1) mile from the landing strip, shall be deemed to be a conditional use,
and shall be subject to the approval of Council which will consult with federal agencies prior
to granting any approvals for such development near airports.
Development Near Pipelines
3.53
Development near oil pipelines shall be setback a minimum of 30 metres (100 feet) from
pipeline right-of-ways. In addition, proximity agreements between the pipeline operator and
landowners may be required in addition to being subject to the regulatory requirements of
the provincial authority having jurisdiction.
47
3.54
When Council is approving new development adjacent to existing or proposed rights-of-way
for water pipelines in the rural areas; Council will, on a case-by-case basis, seek the advice
of provincial agencies to determine appropriate setbacks for new development.
3.55
To protect existing and proposed pipelines, Council will apply applicable setback
requirements to prevent any permanent buildings from being located inappropriately on or
near any pipeline right-of-way and may request additional information, including detailed
location mapping, to be submitted with any application for subdivision or development
approval.
Development Near The Provincial Highway System
3.56
For any new development (such as a structure, sign, or building) to be constructed near or
adjacent to provincial highways or within the controlled areas established by the province
adjacent to the provincial highway system, permits are required from the provincial authority
having jurisdiction. The controlled areas vary in size depending on the provincial highway or
provincial road, but proponents of development near highways should consult with Manitoba
Infrastructure whenever development is proposed within 125 feet of a major highway and
250 feet of a major highway intersection.
3.57
Permits from the provincial authority having jurisdiction and/or the Municipality are also
required for any new, modified, or relocated or change in use of a driveway providing access
to a provincial road or provincial trunk highway.
Open Space Along Rural Roads
3.58
Areas adjacent to rural intersecting 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 and especially school buses. To avoid such issues, no long term stockpiling of
materials, such as soil, gravel, bales or cordwood, shall be located within a required yard
along a public road.
3.59
Within all agricultural zone(s), the following provisions shall apply to any required front yard,
side yard or rear yard which is adjacent to an improved government road allowance,
highway or other municipal road:
a)
No building or structure shall be constructed or located within the required yard,
except for electric fences, barbed wire fences, chain link fences, wooden rail fences
which are at least seventy-five (75) percent open in character, signs less than fifty
(50) square feet in surface area, and small shelters for children at school bus stops;
b)
No excavation such as a dugout or gravel pit shall be located within the required
yard;
c)
No substantial planting (such as a shelterbelt or hedge) exceeding a height of three
(3) feet shall be located within the required yard;
48
Railways
3.60
Nothing in this By-law shall be interpreted so as to interfere with the normal railway
operations and maintenance of railway tracks and rights-of-way.
3.61
Any railway office buildings, warehouse facilities, maintenance buildings, and storage areas
shall be subject to the requirements of this By-law.
3.62
New residential development located outside of incorporated and unincorporated urban
settlement centres shall be sited so that a minimum setback of 30 metres (100 ft) is
achieved between the closest wall of new residential buildings and the edge of all railway
rights-of-way.
3.63
Council may at its discretion also require new residential development located adjacent to
railway right-of-ways to be buffered from noise and vibrations associated with normal railway
activities through the installation (at the developer's expense) of one or more of the following:
safety berms and/or noise attenuation fencing or plantings including shelterbets.
3.64
New or expanding non-residential development proposed near railway right-of-ways shall not
be subject to the setback and protection requirements set out in Section 3.61 and 3.63 of
this PART (above) and may be approved without a setback when direct access to railway
services is required for business purposes.
3.65
New development near abandoned railway rights-of way shall not be subject to the setback
and protection requirements set forth in Section 3.61 thru to and including Section 3.63
of this PART herein.
3.66
All existing development near railway lines shall be deemed to comply with the setback and
protection requirements as set forth in Sections 3.61 thru to and including Section 3.63 of
this PART herein. If existing development is modified, intensified enlarged or expanded, all
such new development shall be set back from the railway right-of-way a distance at least
equal to that of the existing use, building or structure.
Multiple Buildings on One Site
3.67
Where any land or building forming a single site is used for more than one purpose, the
minimum zoning requirements relating to each use shall be satisfied (unless varied by
Council). Where there is a conflict between the use and bulk requirements for each use, the
higher or more stringent requirements shall prevail.
49
PART 4: GUIDE TO ZONES AND ZONING MAPS
Purpose of Zones
4.1
The zones established in this By-law are intended to provide sufficient land in suitable
locations to meet the needs of the community, and to be generally consistent with the
policies of the Municipality of Killarney - Turtle Mountain Development Plan as well as being
compatible with existing development in the community.
Zoning Districts
4.2
Uses of land in the municipality are regulated in accordance with the following zoning district
classifications:
a)
"AG" Agricultural General Zone - This zone is hereby established in this
Zoning By-law and is intended to[K4]:
Support and strengthen the agricultural industry in the Municipality of Killarney -
Turtle Mountain and to provide flexibility and opportunity for farm operators to engage
in a wide variety of agricultural uses and farming practices including livestock
operations; protect the agricultural industry and its land resources in recognition of
agriculture's contribution to the economy, rural lifestyle and character of the
Municipality of Killarney - Turtle Mountain; and provide opportunities under the
Conditional Use process to diversify land uses within the agricultural area to include
agro-related commercial or industrial enterprises.
b)
"AL" Agricultural Limited Zone - This zone is hereby established in this
Zoning By-law and is intended to[K5]:
Provide for general and specialized agricultural uses on a restricted basis including
existing, newly siting or expanding livestock operations to a maximum of 230 AU
(cumulative across species) within the protected buffer areas adjacent to the
communities of Killarney, Ninga, Lean, Holmfield, Pelican and Killarney Lakes; and to
preserve undeveloped lands located adjacent to existing urban settlements in
relatively large parcels to accommodate future urban development.
c)
"GD" General Development Zone - This zone is hereby established in this
Zoning By-law and is intended to[K6]:
Provide for development of urban land uses in the small rural settlements of the
Municipality including Ninga, Holmfield and Lena development activities such as
residential, commercial, and industrial have not developed sufficiently to exhibit
distinct zones. The intent is to provide for an efficient use of services and to minimize
land use conflicts.
50
d)
"RR" Rural Residential Zone - is hereby established in this Zoning By-law and
is intended to:
Provide for development of low-density planned multi-lot rural residential
development, outside of the community of Killarney and other rural settlement
centres in the Municipality, intended for year round occupancy. Development of this
type typically occurs by way of plan of subdivision involving lots sized so as to be
capable of supporting individual on-site wastewater and potable water systems or
municipal piped wastewater systems with or without municipal piped potable water
systems.
e)
"SR" Seasonal Recreation Zone - is hereby established in this Zoning By-law
and is intended to:
Provide for development of a limited range of cottage, residential, recreational, and
open space uses, related commercial activities, campgrounds, and marinas which
are compatible with existing development and the natural environment (within and
adjacent to the community of Killarney) and adjacent to the shore of Pelican Lake
involving lots sized so as to be capable of supporting individual on-site wastewater
and potable water systems or municipal piped wastewater systems with or without
municipal piped potable water systems.
f)
"RS" Residential Serviced Zone - is hereby established in this Zoning By-law
and is intended to:
Provide for development within the community of Killarney for a broad range of low
and moderate density residential development including single and two-dwelling unit,
multi-dwelling unit, and mobile home development on lots serviced fully by municipal
piped water and wastewater systems.
g)
"RS-U" Residential Un-Serviced Zone - is hereby established in this Zoning
By-law and is intended to:
Provide development areas within or adjacent to the community of Killarney for
single-dwelling unit housing on lots serviced by individual on-site potable water and
wastewater systems or communal wastewater collection and treatment systems.
h)
"CG" Commercial General Zone - is hereby established in this Zoning By-law
and is intended to:
Provide development areas, generally located in Killarney's central business area as
permitted uses, which allow it to be multi-functional in nature and, to develop as the
most intensive retail, business social, cultural and administrative area of the
municipality. Additionally, this zone also provides areas for development of a range
of other commercial and related uses as conditionally approved uses which are most
appropriately located on major highways because of their large site requirements,
nuisance characteristics, and/or because said uses serve the needs of the travelling
public.
51
i)
"MG" Industrial General Zone - is hereby established in this Zoning By-law
and is intended to:
Provide development areas for a range of permitted light industrial and related uses
that require larger parcels of land and/or highway access including warehouses and
other low impact industrial uses that are reasonably compatible with nearby
residential, commercial, or institutional uses. Additionally, this zone also provides
land for certain conditionally approved heavy industrial uses where a certain level of
nuisance factor must be accepted as characteristic of the use. Wherever possible,
these heavy industrial uses should be located in such a way as to minimize and
mitigate any detrimental effects that may occur on other nearby uses of land.
j)
"O" Open Space Zone - is hereby established in this Zoning By-law and is
intended to:
[K7]
Provide development areas for public parks, outdoor recreational facilities such as
sports fields and golf courses, governmental, educational and institutional uses,
areas set aside for long term conservation of undeveloped scenic and/or hazard
lands, lands that serve to buffer adjoining land uses of different types and/or
accommodate major utility rights-of-way that have an open space character.
k)
"AUR" Agricultural Urban Reserve Zone - is hereby established in this
Zoning By-law and is intended to:
Provides for the continuation of certain low-intensity agricultural activities on a
restricted basis such as pasturing and field crop production in Killarney until such
time as the land is required to facilitate the orderly expansion of urban type land uses
within the community.
Zoning Maps
4.3
The geographical extent of each of the zoning districts set out above is shown on zoning
maps comprising Schedule "A" of this By-law.
a)
The said zoning map(s) 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 map(s) were fully described herein.
b)
The scale and all dimensions of the zoning map(s) are in feet.
c)
All plan references on the zoning map(s) pertain to registered plans filed in either the
Brandon Land Titles Office or the Morden Land Titles Office.
52
d)
The abbreviations noted on the zoning map(s) mean the following:
1.
Pcl. means" Parcel";
2.
Pt. means "Part";
3.
RGE. means "Range";
4.
R.M. means "Rural Municipality";
5.
SEC. means "Section";
6.
PTH means "Provincial Trunk Highway";
7.
TWP means "Township"; and
8.
W.P.M. means "West of Principal Meridian".
4.4
Interpretation of zoning district boundaries
(1)
Heavy solid lines represent zoning district boundaries. Where a zoning district
boundary is broken by the name of a street, it shall be construed that the limit
continues through the name of the street.
(2)
Zoning 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)
If a street or lane or railway or public utility right-of-way (hereinafter referred to
as the feature) shown on a zoning map 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
zoning district boundary shall be the former centerline.
53
PART 5: USE AND BULK TABLES FOR ALL ZONES
Use and Bulk Tables
The permitted and conditional uses prescribed for zoning sites within each zoning district are those
set out in the Use and Bulk Tables as set out below.
TABLE 5-1: "AG" AGRICULTURAL GENERAL ZONE - USE & BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (i)
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(j)
Side
Yard
(feet)
(b) (j)
Rear
Yard
(feet)
(b)(j)
PERMITTED USES
Agricultural Activities (General) including pasturing of
livestock (c) (d) (l)
80
1,000
[K8]
125
50
50
Agricultural Activities (Specialized) such as but not
limited to Nurseries, Berry Farms, Apiaries, Market
Garden Operations[K9], Tree Farms (c) (d)[K10] (l)
10[K11]
200
125
25
25[K12]
Existing Lawfully Established Uses That Existed Prior
to Adoption of this By-law (See also PART 2,
Sections 2.4 and 2.5 of this By-law)
2
200
125
50
50
Livestock Operations (newly siting or expanding) to
a maximum of 230 AU in size (cumulative across
species) (c) (e) (f) (l) (See also PART 6 of this By-
law)
80[K13]
1,000
125
25
25
Residential Care Facilities (including halfway type
homes, rehabilitation homes, hostels and group
foster homes providing care and supervision, meals
and residential services) for a maximum of any
combination of two or fewer adults/children
2 (a)
200
125
50
50
Riding Academies and Stables (to a maximum of 9
AU cumulative across species)
2
200
125
25
25[K14]
CONDITIONAL USES
Aircraft Landing Areas
10
200
125
25
25
Anhydrous Ammonia and other Hazardous Fertilizer
and/or Chemical Sales and Storage Facilities (g)
5
200
125
50
50
Auction Marts / Auction Grounds
2
200
125
25
25
Automobile, Implement, Trailer, Truck , Sales,
Storage and Maintenance Facilities including
Wrecking Establishments
5
200
125
50
50
Campgrounds
5[K15]
200
125
50
50
Cemeteries
2 (a)
200
125
50
50
Drive-In Theatres
2 (a)
200
125
25
25
Earth Moving Contractors
2
200
125
25
25
Establishments for the Storage, Handling or
Processing of Agricultural Produce Including Grain
2
200
125
50
50
54
TABLE 5-1: "AG" AGRICULTURAL GENERAL ZONE - USE & BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (i)
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(j)
Side
Yard
(feet)
(b) (j)
Rear
Yard
(feet)
(b)(j)
Elevators and Seed Plants
Establishments for the Sales, Storage or Distribution
of Non-Hazardous Bulk Fertilizers, Agricultural
Supplies, Equipment or Structures (h)
2
200
125
50
50
Exhibition or Fair Grounds
5[K16]
200
125
50
50
Kennels and/or Pounds
2 (a)
200
125
50
50
Livestock Operations (newly siting or expanding)
231 AU or more in size (cumulative across species)
(c) (e) (f) (l) (See also PART 6 of this By-law)
80
1,000
125
25
25
Manufacturing, Fabricating, Machining, Processing or
Repair Establishments serving the agricultural sector
2 (a)
200
125
25
25
Motor Vehicle or Agricultural Equipment Body Shops,
Salvage, Sales, Storage, or Wrecking Operations
2 (a) [K17]
200
125
25
25
Museums or Historic Sites
2 (a)
200
125
25
25
Natural Resource Extraction Operations, including
but not limited to surface mining operations for
minerals such as sand and gravel including
harvesting, stockpiling, sales and trucking operations
when they are specifically related to and located on
the same site and directly supporting the principal
natural resource extraction activity
2
300
125
50
50
Non-Farm Dwellings, mobile and modular homes (f)
(l) (m)
2 (a)
200
125
50
50
Picnic Areas (Public or Private)
2 (a)
200
125
50
50
Public Utility Buildings, Public Works Buildings,
Maintenance Yards, Garages and Compounds (See
also PART 2 Section 2.34 of this By-law)
2 (a)
200
125
25
25
Riding Academies and Stables involving 10 or more
animal units (cumulative across species)
80[K18]
1,000
125
25
25
Religious Institutions (k)
2 (a)
200
125
50
50
Residential Care Facilities (including halfway type
homes, rehabilitation homes, hostels and group
foster homes providing care and supervision, meals
and residential services) for any combination of three
or more adults/children
2 (a)
200
125
50
50
Outdoor Recreation Facilities
2 (a)
200
125
25
25
Sewage Lagoons (Public or Private)
5
300
[K19]
125
50
50
Surface Mining Operations, including gravel pits
2
200
125
25
25
Veterinary Clinics
2 (a)
200
125
30
25
Waste Disposal Grounds (Public)
5 [K20]
300
125
50
50
Wildlife and Forest Management Areas
1/2 acre
50
125
10
10[K21]
Wind Energy Generation Operations (WEGO) (h)
7
550
See footnote (h) forming part
of this table
55
TABLE 5-1: "AG" AGRICULTURAL GENERAL ZONE - USE & BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (i)
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(j)
Side
Yard
(feet)
(b) (j)
Rear
Yard
(feet)
(b)(j)
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2, Section(s) 2.11 to 2.29 of this By-law
(l)
-
-
125
50
50[K22]
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of a
conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
The following footnotes for the "AG" Zoning District form part of TABLE 5-1 (above):
(a)
The maximum site area shall be ten (10) acres, unless physical features of the site (such as
natural drains, shelterbelts, etc.) would indicate that a larger site would, in the opinion of
Council, be appropriate.
(b)
Except for cemeteries, where a side or rear site line is adjacent to a government road
allowance or other municipal road, the minimum required side and/or rear yard shall be 125
feet.
(c)
Staff dwellings in addition to the dwelling of the owner/operator, including single-family, two-
family, dormitory and mobile homes may be located on the same site as either a permitted or
conditionally approved general or specialized agricultural use or livestock operation when the
staff dwelling(s) are associated with and essential to the maintenance, operation and care of
the principal agricultural use.
(d)
Apiaries shall be considered a conditional use if they are proposed to be sited within one-
quarter (1/4) mile of an un-related residence (other than the owners home located on the
same parcel) and the owner of the un-related residence has not provided written consent to
the apiarist prior to commencement of development within the ¼ mile separation.
(e)
Applications to establish new or expand existing livestock operations as either a permitted or
conditional use (status depends on the size of the livestock operation as expressed in animal
units (AU) cumulative across species) must be made on the forms prescribed by Council and
provide information required under PART 6 of this By-law.
(f)
Newly siting non-farm dwellings shall be subject to the minimum mutual separation distance
requirements for livestock operations as set forth in PART 6, Table 6.2 of this By-law or as
may be varied on a case by case by Council.
(g)
Notwithstanding the requirements in Table 5.1 of this PART (above), all newly constructed
anhydrous ammonia storage facilities, shall be set back a minimum of 350 feet from all
public roadways and habitable dwellings (other than the dwelling of the owner or operator
when located said dwelling is located on the same parcel as the anhydrous ammonia
56
storage facility), and shall be setback a minimum distance of 2,640 feet from the limits of any
area designated or zoned for seasonal (cottage) or permanent residential development and
all urban settlements.
(h)
Commercial WEGO facilities may be allowed as a conditional use in the "AG" Agricultural
General Zone and shall be subject to the issuance of a development permit.
(i)
A Commercial (WEGO) may be developed in the municipality on land owned by the
operator or land leased from the registered land owner.
(ii)
Land owned or leased for WEGO may contain the wind turbine generator tower
and/or the associated accessory buildings and infrastructure as well as compatible
agricultural operations which may co-exist with WEGO provided all other provisions
of this By-law are satisfied.
(iii)
For the purposes of this by-law, an application for a WEGO development/project
involving more than one site and/or parcel of land may be processed at the same
time under a single Development Permit provided that Development Permit identifies
each and every title affected by the proposed development. However, separate
conditional use applications (which may be considered for approval at a consolidated
conditional use hearing for all WEGO's in a project/development) and any resulting
conditional use orders shall be issued for each separate parcel containing one or
more wind energy generation operation (WEGO) tower.
(iv)
WEGO developments shall be located a minimum of one half mile (2640 feet) from
all urban centres within the municipality (Killarney, Ninga and Holmfield. This ½ mile
setback shall also apply to lands zoned for "RR" - Rural Residential development as
well as those lands zoned for urban-type land uses (i.e. "GD" - General Development
and "SR" Seasonal Recreation development zones). This separation requirement
may on a case by-case basis be varied by Council under circumstances acceptable
to Council in accordance with the procedures for variations set out under the
Planning Act and PART 7 of this By-law.
(v)
For municipal approvals, proponents of any WEGO shall submit a detailed site plan
showing the location of any wind energy generation devices (ex. wind turbines)
associated buildings and structures, electrical lines (above ground or buried) private
on-site roads, and driveways for access to the public road system.
(vi)
Buildings and accessory structures forming part of any WEGO shall comply with the
common front yard setback of 125 feet which applies to most land uses in the "AG"
Agriculture General Zone adjacent to a public road in the municipality.
(vii)
WEGO development located adjacent to provincial roads or highways will be subject
to setback requirements set by the province and approvals from the authority having
jurisdiction.
(viii)
Proponents of a WEGO are responsible for obtaining any required Federal and/or
Provincial permits or approvals from agencies such as but not limited to Transport
Canada, NAV Canada, Manitoba Hydro, Manitoba Infrastructure, and Manitoba
Sustainable Development, prior to the issuance of a development permit and any
required building permits.
57
(ix)
When locating a proposed wind turbine in the vicinity of an airport and/or private
landing strip all Transport Canada regulations regarding height and location of
proposed buildings and structures shall be satisfied.
(x)
All signage affixed to a commercial WEGO 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 and subject to approval of Council.
(xi)
A development permit required under this By-law and building permit (if required)
shall be obtained prior to the commencement of construction of a WEGO.
(xii)
Newly sited residences in the vicinity of a WEGO, other than the residence of the
owner of the lands upon which a WEGO is located, shall be separated a minimum
distance of 500 meters ( or 1640 feet) from the nearest adjacent wind turbine tower
constructed as part of a WEGO.
(xiii)
The right-of-way for any commercial electrical transmission line may be located
adjacent to property lines within a WEGO development.
(xiv)
Wind turbines as part of a WEGO development shall be setback a minimum of one
and one tenth (1.1) times the total height of the tower plus rotor from any property
boundary, including the boundary of a railway right-of-way. Exception to this
minimum setback distance with respect to property lines may be allowed where the
property line nearest to any given wind turbine tower define and separate contiguous
parcels within a WEGO leased to the same or different operator(s). In such
instances, the minimum setback to the property line separating the wind turbine
towers shall be reduced to six tenths (0.60) times the total height of the tower plus
rotor.
(xv)
Wind turbines shall be setback one and one tenth (1.1) times the total height of the
tower plus rotor from all government road allowances, any other public road and
Provincial Trunk Highways (PTH's) and Provincial Roads (PR's). Wind turbines taller
than one and one tenth (1.1) times the total height of the tower plus rotor, to be
located in provincial control areas adjacent to Provincial Trunk Highways and
Provincial Roads, shall be subject to setbacks required by the Province.
(xvi)
Wind turbines shall be setback a minimum distance of 500 meters or 1640 feet from
any existing residence in the "AG" Agricultural General Zone with the exception of
a residence located on lands owned or leased as part of a WEGO.
(xvii)
A wind turbine located on the same site and in direct support of either a permitted or
conditionally approved general or specialized agricultural use, livestock operation or
private residential use shall be treated as an accessory structure. This structure shall
be set back from all property lines a minimum distance equal to its total height,
measured from the ground to the uppermost point of extension of its rotors.
(xviii) A wind turbine shall not be located within four hundred (400 feet) of the ordinary high
water mark of a lake or marsh over 3 acres in size.
58
(xix)
Wind turbines shall also adhere to setbacks from other types of development as
follows:
(a)
One and one half (1.5) times the total height of the tower plus rotor from a
land owners dwelling(s) located on the same parcel as the WEGO;
(b)
One and one tenth (1.1) times the total height of the tower plus rotor from
non-dwelling principal structures (ex. hog barn) on the same or adjacent
properties;
(c)
500 meters (1640 feet) from all dwellings or other habitable buildings (e.g.
bed & breakfast or motel) not associated with the WEGO.
(d)
Two times the total height from an electrical transmission right-of-way
owned and/or operated by Manitoba Hydro.
(e)
Wind turbines may be located a minimum of 25 feet from a property
boundary (other than a road right-of-way) when the registered owners have
granted their consent in writing and that consent is provided at the time of
application for municipal approval of a proposed WEGO.
Note: For purposes of administration this By-law, the total height of a wind turbine
shall be the distance measured from the ground to the uppermost point of the
extension of any rotor blade.
(i)
Where a proposed development involves the construction of "water control works" or
"drainage works" as identified under the Water Rights Act, it shall be the responsibility of the
proponent to contact the provincial authority having jurisdiction to obtain any required
licenses or approvals prior to the commencement of development.
(j)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the provincial
authorities having jurisdiction.
(k)
Newly siting facilities of this type shall generally be directed to existing urban communities
but may be allowed in the "AG" - Agricultural General Zone if Council is satisfied that no
suitable site is available in an existing urban community.
(l)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(m)
All mobile homes shall meet or exceed the minimum requirements of the Manitoba Buildings
and Mobile Homes Act and satisfy the requirements of all municipal by-laws of Killarney-Turtle
Mountain.
59
TABLE
5-2:
"AL"
AGRICULTURAL
LIMITED
ZONE
-
USE
&
BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (i)
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(j)
Side
Yard
(feet)
(b) (j)
Rear
Yard
(feet)
(b)(j)
PERMITTED USES
Agricultural Activities (General) including pasturing of
livestock (c) (d) (l)
80
1,000
[K23]
125
50
50
Agricultural Activities (Specialized) such as but not
limited to Nurseries, Berry Farms, Apiaries, Market
Garden Operations[K24], Tree Farms (c) (d)[K25] (l)
10[K26]
200
125
25
25[K27]
Existing Lawfully Established Uses That Existed Prior
to Adoption of this By-law (See also PART 2,
Sections 2.4 and 2.5 of this By-law)
2
200
125
50
50
Livestock Operations (Existing and Expanding) to a
maximum of 230 AU in size (cumulative across
species) (c) (e) (f) (l) (See also PART 6 of this By-
law)
80[K28]
1,000
125
25
25
Residential Care Facilities (including halfway type
homes, rehabilitation homes, hostels and group foster
homes providing care and supervision, meals and
residential services) for a maximum of any combination
of two or fewer adults/children
2 (a)
200
125
50
50
Riding Academies and Stables (to a maximum of 9 AU
cumulative across species)
2
200
125
25
25[K29]
CONDITIONAL USES
Aircraft Landing Areas
10
200
125
25
25
Anhydrous Ammonia and other Hazardous Fertilizer
and/or Chemical Sales and Storage Facilities (g)
5
200
125
50
50
Auction Marts / Auction Grounds
2
200
125
25
25
Automobile, Implement, Trailer, Truck , Sales, Storage
and Maintenance Facilities including Wrecking
Establishments
5
200
125
50
50
Campgrounds
5[K30]
200
125
50
50
Cemeteries
2 (a)
200
125
50
50
Drive-In Theatres
2 (a)
200
125
25
25
Earth Moving Contractors
2
200
125
25
25
Establishments for the Storage, Handling or
Processing of Agricultural Produce Including Grain
Elevators and Seed Plants
2
200
125
50
50
Establishments for the Sales, Storage or Distribution of
Non-Hazardous Bulk Fertilizers, Agricultural Supplies,
Equipment or Structures (h)
2
200
125
50
50
Exhibition or Fair Grounds
5[K31]
200
125
50
50
Kennels and/or Pounds
2 (a)
200
125
50
50
Livestock Operations (Newly Siting) to a maximum of
230 AU in size (cumulative across species) (c) (e) (f) (l)
(See also PART 6 of this By-law)
80
1,000
125
25
25
Manufacturing, Fabricating, Machining, Processing or
2 (a)
200
125
25
25
60
TABLE
5-2:
"AL"
AGRICULTURAL
LIMITED
ZONE
-
USE
&
BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (i)
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
(j)
Side
Yard
(feet)
(b) (j)
Rear
Yard
(feet)
(b)(j)
Repair Establishments serving the agricultural sector
Motor Vehicle or Agricultural Equipment Body Shops,
Salvage, Sales, Storage, or Wrecking Operations
2 (a)
[K32]
200
125
25
25
Museums or Historic Sites
2 (a)
200
125
25
25
Natural Resource Extraction Operations, including but
not limited to surface mining operations for minerals
such as sand and gravel including harvesting,
stockpiling, sales and trucking operations when they
are specifically related to and located on the same site
and directly supporting the principal natural resource
extraction activity
2
300
125
50
50
Non-Farm Dwellings, mobile and modular homes (f) (l)
(m)
2 (a)
200
125
50
50
Picnic Areas (Public or Private)
2 (a)
200
125
50
50
Public Utility Buildings, Public Works Buildings,
Maintenance Yards, Garages and Compounds (See
PART 2 Section 2.34 of this By-law)
2 (a)
200
125
25
25
Riding Academies and Stables involving 10 or more
animal units (cumulative across species)
80[K33]
1,000
125
25
25
Religious Institutions (k)
2 (a)
200
125
50
50
Residential Care Facilities (including halfway type
homes, rehabilitation homes, hostels and group foster
homes providing care and supervision, meals and
residential services) for any combination of three or
more adults/children
2 (a)
200
125
50
50
Outdoor Recreation Facilities
2 (a)
200
125
25
25
Sewage Lagoons (Public or Private)
5
300
[K34]
125
50
50
Surface Mining Operations, including gravel pits
2
200
125
25
25
Veterinary Clinics
2 (a)
200
125
30
25
Waste Disposal Grounds (Public)
5 [K35]
300
125
50
50
Wildlife and Forest Management Areas
½ acre
50
125
10
10[K36]
Wind Energy Generation Operations (WEGO) (h)
7
550
See footnote (h) forming part
of this table
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2, Section(s) 2.11 to 2.29 of this By-law)
(l)
-
-
125
50
50[K37]
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of a
conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
61
The following footnotes for the "AL" Zoning District form part of TABLE 5-2 (above):
(a)
The maximum site area shall be ten (10) acres, unless physical features of the site (such as
natural drains, shelterbelts, etc.) would indicate that a larger site would, in the opinion of
Council, be appropriate.
(b)
Except for cemeteries, where a side or rear site line is adjacent to a government road
allowance or other municipal road, the minimum required side and/or rear yard shall be 125
feet.
(c)
Staff dwellings in addition to the dwelling of the owner/operator, including single-family, two-
family, dormitory and mobile homes may be located on the same site as either a permitted or
conditionally approved general or specialized agricultural use or livestock operation when the
staff dwelling(s) are associated with and essential to the maintenance, operation and care of
the principal agricultural use.
(d)
Apiaries shall be considered a conditional use if they are proposed to be sited within one-
quarter (1/4) mile of an un-related residence (other than the owners home located on the
same parcel) and the owner of the un-related residence has not provided written consent to
the apiarist prior to commencement of development within the ¼ mile separation.
(e)
Existing/expanding and newly siting livestock operations in the "AL" - Agricultural Limited
Zone will be capped to a maximum of 230 animal units (AU) cumulative across species.
(f)
Newly siting non-farm dwellings shall be subject to the minimum mutual separation distance
requirements for livestock operations as set forth in PART 6, Table 6.2 of this By-law or as
may be varied on a case by case by Council.
(g)
Notwithstanding the requirements in Table 5.2 of this PART (above), all newly constructed
anhydrous ammonia storage facilities, shall be set back a minimum of 350 feet from all
public roadways and habitable dwellings (other than the dwelling of the owner or operator
when located said dwelling is located on the same parcel as the anhydrous ammonia
storage facility), and shall be setback a minimum distance of 2,640 feet from the limits of any
area designated or zoned for seasonal (cottage) or permanent residential development and
all urban settlements.
(h)
Commercial WEGO facilities shall be allowed as a permitted use in the "AL" Agricultural
Limited Zone and shall be treated therein as a permitted use but shall be subject to the
issuance of a development permit.
(i)
A Commercial (WEGO) may be developed in the municipality on land owned by the
operator or land leased from the registered land owner.
(ii)
Land owned or leased for WEGO may contain the wind turbine generator tower
and/or the associated accessory buildings and infrastructure as well as compatible
agricultural operations which may co-exist with WEGO provided all other provisions
of this By-law are satisfied.
(iii)
For the purposes of this by-law, an application for a WEGO development/project
involving more than one site and/or parcel of land may be processed at the same
62
time under a single Development Permit provided that Development Permit
identifies each and every title affected by the proposed development. However,
separate conditional use applications (which may be considered for approval at a
consolidated conditional use hearing for all WEGO's in a project/development) and
any resulting conditional use orders shall be issued for each separate parcel
containing one or more wind energy generation operation (WEGO) tower.
(iv)
WEGO developments shall be located a minimum of one half mile (2640 feet) from
all urban communities within the municipality (Killarney, Ninga and Holmfield. This
½ mile setback shall also apply to lands zoned for "RR" - Rural Residential
development as well as those lands zoned for urban-type land uses (i.e. "GD" -
General Development and "SR" Seasonal Recreation zones). This separation
requirement may on a case by-case basis be varied by Council under
circumstances acceptable to Council in accordance with the procedures for
variations set out under the Planning Act and PART 7 of this By-law.
(v)
For municipal approvals, proponents of any WEGO shall submit a detailed site plan
showing the location of any wind energy generation devices (ex. wind turbines)
associated buildings and structures, electrical lines (above ground or buried) private
on-site roads, and driveways for access to the public road system.
(vi)
Buildings and accessory structures forming part of any WEGO shall comply with the
common front yard setback of 125 feet which applies to most land uses in the "AL"
Agricultural Limited Zone adjacent to a public road in the municipality.
(vii)
WEGO development located adjacent to provincial roads or highways will be
subject to setback requirements set by the province and approvals from the
authority having jurisdiction.
(viii)
Proponents of a WEGO are responsible for obtaining any required Federal and/or
Provincial permits or approvals from agencies such as but not limited to Transport
Canada, NAV Canada, Manitoba Hydro, Manitoba Infrastructure, and Manitoba
Sustainable Development, prior to the issuance of a development permit and any
required building permits.
(ix)
When locating a proposed wind turbine in the vicinity of an airport and/or private
landing strip all Transport Canada regulations regarding height and location of
proposed buildings and structures shall be satisfied.
(x)
All signage affixed to a commercial WEGO 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 and subject to approval of Council.
(xi)
A development permit required under this By-law and building permit (if required)
shall be obtained prior to the commencement of construction of a WEGO.
(xii)
Newly sited residences in the vicinity of a WEGO, other than the residence of the
owner of the lands upon which a WEGO is located, shall be separated a minimum
distance of 500 meters ( or 1640 feet) from the nearest adjacent wind turbine tower
constructed as part of a WEGO.
63
(xiii)
The right-of-way for any commercial electrical transmission line may be located
adjacent to property lines within a WEGO development.
(xiv)
Wind turbines as part of a WEGO development shall be setback a minimum of one
and one tenth (1.1) times the total height of the tower plus rotor from any property
boundary, including the boundary of a railway right-of-way. Exception to this
minimum setback distance with respect to property lines may be allowed where the
property line nearest to any given wind turbine tower define and separate
contiguous parcels within a WEGO leased to the same or different operator(s). In
such instances, the minimum setback to the property line separating the wind
turbine towers shall be reduced to six tenths (0.60) times the total height of the
tower plus rotor.
(xv)
Wind turbines shall be setback one and one tenth (1.1) times the total height of the
tower plus rotor from all government road allowances, any other public road and
Provincial Trunk Highways (PTH's) and Provincial Roads (PR's). Wind turbines
taller than one and one tenth (1.1) times the total height of the tower plus rotor, to
be located in provincial control areas adjacent to Provincial Trunk Highways and
Provincial Roads, shall be subject to setbacks required by the Province.
(xvi)
Wind turbines shall be setback a minimum distance of 500 meters or 1640 feet from
any existing residence in the "AL" Agricultural Limited Zone with the exception of
a residence located on lands owned or leased as part of a WEGO.
(xvii)
A wind turbine located on the same site and in direct support of either a permitted or
conditionally approved general or specialized agricultural use, livestock operation or
private residential use shall be treated as an accessory structure. This structure
shall be set back from all property lines a minimum distance equal to its total height,
measured from the ground to the uppermost point of extension of its rotors.
(xviii)
A wind turbine shall not be located within four hundred (400 feet) of the ordinary
high water mark of a lake or marsh over 3 acres in size.
(xix)
Wind turbines shall also adhere to setbacks from other types of development as
follows:
(a)
One and one half (1.5) times the total height of the tower plus rotor from a
land owners dwelling(s) located on the same parcel as the WEGO;
(b)
One and one tenth (1.1) times the total height of the tower plus rotor from
non-dwelling principal structures (ex. hog barn) on the same or adjacent
properties;
(c)
500 meters (1640 feet) from all dwellings or other habitable buildings (e.g.
bed & breakfast or motel) not associated with the WEGO.
(d)
Two times the total height from an electrical transmission right-of-way
owned and/or operated by Manitoba Hydro.
(e)
Wind turbines may be located a minimum of 25 feet from a property
boundary (other than a road right-of-way) when the registered owners
64
have granted their consent in writing and that consent is provided at the
time of application for municipal approval of a proposed WEGO.
Note: For purposes of administration this By-law, the total height of a wind turbine
shall be the distance measured from the ground to the uppermost point of the
extension of any rotor blade.
(i)
Where a proposed development involves the construction of "water control works" or
"drainage works" as identified under the Water Rights Act, it shall be the responsibility of the
proponent to contact the provincial authority having jurisdiction to obtain any required
licenses or approvals prior to the commencement of development.
(j)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the provincial
authorities having jurisdiction.
(k)
Newly siting facilities of this type shall generally be directed to existing urban communities
but may be allowed in the "AL" - Agriculture Limited Zone if Council is satisfied that no
suitable site is available in an existing urban community.
(l)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(m)
All mobile homes shall meet or exceed the minimum requirements of the Manitoba Buildings
and Mobile Homes Act and satisfy the requirements of all municipal by-laws of Killarney-Turtle
Mountain.
65
TABLE 5-3: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (k) (l) (n)
SITE SIZE
REQUIRED YARDS
Site Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Clubs, Private or Public
15,000
100
20
15
25
Community Facilities, including auditoriums,
community clubs, halls, libraries, museums,
theatres and historic sites
15,000
100
25
15
25
Day Care Facilities, accommodating up to eight
(8) children
15,000
100
25
15
25
Drive-Through facilities or businesses
10,000
75
25
15
25
Dwellings, single-family including modular homes
(j)
15,000
100
30
6 (p)
25
Dwellings, mobile home (j) (q)
15,000
100
30
6 (c) (p)
25
Dwellings, two-family (j)
15,000 (r)
100 (r)
30
10 (p) (r)
25
Dwellings, multiple-family (j)
20,000 (d)
100
30
10 (p)
25
Existing Lawfully Established Uses That Existed
Prior to Adoption of this By-law (See also PART
2, Sections 2.4 and 2.5 of this By-law)
15,000
100
30
6
25
Emergency Services, including police and fire
stations
15,000
100
25
15
25
Establishments for the provision of personal
services, including offices, financial institutions,
clinics, salons, day care facilities and funeral
homes
15,000
100
25
15
25
Establishments for the sale of goods or services,
provided that all storage is within a fully enclosed
building
6,000
60
25
6
25
Exhibition Grounds
20,000
100
25
15
25
Food/Beverage Service Establishments
6,000
60
25
12
25
Government Administrative Buildings and Offices
7,500
65
25
12
25
Grain Storage Buildings Including Elevators and
Mills
2 acres
100
20
10 (f)
25 (f)
Institutional Buildings, including hospitals, schools,
personal care homes and senior citizen homes
1 acre
200
30
15
25
Lumber Sales, if completely enclosed in a building
or structure
25,000
150
20
20
20
Motor Vehicle and Trailer Sales, Service Stations
and Body Shops (f)
15,000
(g)[K38]
150
15 ft to
(pumps)
25 ft to
(bldgs)
15 ft to
(pumps)
25 ft to
(bldgs) (b)
15 ft to
(pumps)
25 ft to
(bldgs)
Parks or Playgrounds, Recreation Areas
5,000
50
25
6
25
Public Parking Areas
5,000
50
10
6
6
Public Utilities (e) (m)
5,000
50
25
15
25
Recreation Facilities
15,000
100
25
15
25
Religious Institutions
20,000
100
30
10
25
Residential Care Facilities including halfway type
homes, rehabilitation homes, hostels and group
foster homes providing meals and residential
15,000
100
30
10
25
66
TABLE 5-3: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (k) (l) (n)
SITE SIZE
REQUIRED YARDS
Site Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
services, including care and supervision for two or
fewer adults or children
Senior Citizen Homes
20,000 (d)
100
20
20
20
CONDITIONAL USES
Campgrounds
20,000
100
25
15
25
Boarding or Rooming Houses with more than four
(4) suites
15,000
100
25
15
25
Day Care Facilities accommodating nine (9)
children or more
15,000
100
25
15
25
Earth Moving Contractors and Ready-Mix
Concrete Suppliers
15,000
100
25
15
25
Establishments for the storage, handling or
processing of agricultural produce
15,000
100
25
15 (f)
25 (f)
Establishments for the sales, storage or
distribution of agricultural supplies, equipment or
structures, including card lock establishments
1 acre
150
35
20 (f)
20 (f)
Establishments for the sale of goods and services,
where there is exterior storage of products
15,000
100
20
10 (f)
25 (f)
Bulk Fuel Yards, Bulk Oil Storage
25,000
150
20
20
20
Lumber Sales, if not completely enclosed in a
building or structure
25,000
150
20
20 (f)
20 (f)
Manufacturing, Fabricating, Machining,
Processing or Repair Establishments
15,000
100
25
15
25
Motor Vehicle Wrecking Operations
1 acre
150
35
20
20
Nurseries or Greenhouses
15,000
100
25
15
25
Public Works Compounds and Maintenance
Buildings (See PART 2 Section 2.34 of this By-
law)
15,000
100
30
6
25
Residential Care Facilities including halfway type
homes, rehabilitation homes, hostels and group
foster homes providing meals and residential
services, including care and supervision for three
or more adults or children
15,000
100
25
15
25
Trucking Establishments, Truck Terminals
1 acre
150
35
20
20
Veterinary Clinics
15,000
100
25
15
25
Warehouses and Storage Buildings for Non-
Hazardous Materials
15,000
100
20
10
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2, Section(s) 2.11 to 2.29 of this By-
law (j)
-
-
(g)(o)
5(h)(o)
5(h)(i)(o)
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of a
conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
67
The following footnotes for the "GD" Zoning District form part of TABLE 5-3 (above):
(a)
Maximum Height and Minimum Dwelling Unit Area Requirements
In addition to the minimum requirements of TABLE 5-3 of this PART, the following
requirements shall also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet, except for grain storage structures, fuel and fertilizer storage tanks, church
steeples and chimneys which may be higher subject to written approval by the
Development Officer.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet, if accessory to a residence except for flag poles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high, and eighteen (18) feet if accessory to a non-residential use.
(iii)
The minimum dwelling unit area for a single family dwelling or modular home is 600
square feet and 300 square feet for a secondary residential suite located within or
attached to a single-family dwelling or modular home. The minimum individual
dwelling unit floor area within a multi-family dwelling shall be 400 square feet and the
maximum site coverage shall be 60 percent. The minimum individual dwelling unit
area located within a commercial building shall be 400 square feet and in all cases,
said residential dwelling unit shall be located above or behind the principal
commercial use of the building.
(b)
Un-Serviced Zoning Sites
Where a site is not serviced by a municipal piped sewer system or a private holding tank
approved by the provincial authority having jurisdiction, the minimum bulk requirements shall
be adjusted as follows:
(i)
Minimum required site area - 2 acres;
(ii)
Minimum required site width - 200 feet;
(iii)
Minimum required side yard - 30 feet.
(c)
For mobile home sites, there shall be an open space at least twenty (20) feet by fifty (50) feet
adjacent to one side of the mobile home containing either the entrance or the main living
room window, to be utilized for household exterior recreational use.
(d)
The minimum required site area for the first three (3) dwelling units shall be 20,000 square
feet, and the minimum required site area shall increase by an additional 1,000 square feet
for each additional dwelling unit above three (3) units.
(e)
Where the proposed development consists of a building or structure less than 100 square
feet in floor area, a smaller site may be approved, provided that the site is not adjacent to a
required front yard of a residential site, and provided that a separation distance of seven (7)
feet is maintained from all site lines.
68
(f)
Where the side or rear site line of a site coincides with the boundary of a railway right-of-way,
the required yard shall be zero (0) feet for those structures which require railway service for
loading or unloading.
(g)
The minimum required front yard for accessory buildings and structures shall be the same,
as the minimum required front yard for the principal building on the same site.
(h)
In the case of buildings or structures, which are accessory to residential uses, when located
entirely to the rear of the principal building, the minimum required side yard and rear yard for
accessory buildings and structures shall be three (3) feet.
(i)
Where an accessory building is used for the storage of a motor vehicle, the wall of the
building that contains the vehicular access door shall be set back a minimum distance of
fifteen (15) feet from a public road or lane used for access to this building.
(j)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(k)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the provincial
authorities having jurisdiction.
(l)
The keeping of livestock and/or the construction of buildings or other structures or enclosures
for the purposes of keeping livestock is prohibited within the "GD" General Development
Zone.
(m)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated
equipment such as poles, transformers and switching boxes including Manitoba Hydro
Substations and similar infrastructure since all of this apparatus may require only very small
parcels or none at all (easements). This does not apply, however, to offices, equipment or
vehicle storage, parking or workshops, where and if these uses are permitted or approved.
(n)
Where a proposed development involves the construction of "water control works" or "drainage
works" as identified under the Water Rights Act, it shall be the responsibility of the proponent to
contact the provincial authority having jurisdiction to obtain any required licenses or approvals
prior to the commencement of development.
(o)
All signs shall be setback a minimum of 5 feet from the limits of the parcel on which it they are
located and to which it is accessory. In the case of a corner lot, the corner side yard setback
shall be increased to minimum of twelve (12) feet. See also PART 2, Section 2.22 of this By-
law).
(p)
One side yard shall be twelve (12) feet where there is no public lane bordering the rear
property-line of the zoning site.
(q)
All mobile homes shall meet or exceed the minimum requirements of the Manitoba Buildings
and Mobile Homes Act and satisfy the requirements of all municipal by-laws of Killarney-Turtle
Mountain.
69
(r)
For two-family dwellings subdivided with a separate title for each unit, the minimum site area
for each dwelling unit shall be 7,500 sq. ft. and the minimum site width for each dwelling unit
shall be 50 feet and the side yard on the side having a common party wall shall be reduced to
zero (0) and the interior side site line must be completely contained within the common party
wall.
70
TABLE 5-4: "RR" RURAL RESIDENTIAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (g) (h) (i)
SITE SIZE
REQUIRED YARDS
Site Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear Yard
(feet)
PERMITTED USES
Dwellings, single-family
2 acres
200
30
30
25 (k)
Existing Lawfully Established Uses That Existed
Prior to Adoption of this By-law (See also PART
2, Sections 2.4 and 2.5 of this By-law)
2 acres
200
30
30
25
Historical Sites
1 acre
100
125
30
30
Recreation Facilities including public playgrounds,
parks, picnic areas, tot lots,
20,000
100
30
20
25
Public Utilities (j) (See also PART 2 Section 2.34
and 2.32 of this By-law)
5,000
50
25
15
25
CONDITIONAL USES
Dwellings, Mobile and Modular Homes (l)
2 acres
200
30
30
25 (k)
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2, Section(s) 2.11 to 2.29 of this By-
law (m)
-
-
(e) (n)
10 (n)
10 (f)(g)
(n)
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of
a conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
The following footnotes for the "RR" Rural Residential Zoning District form part of TABLE 5-
4 (above):
(a)
Maximum Height and Minimum Dwelling Unit Area Requirements
In addition to the minimum requirements of Table 5.4 (above), the following requirements
shall also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet, if accessory to a residence except for flagpoles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high, and eighteen (18) feet if accessory to a non-residential use.
(iii)
Minimum dwelling unit area shall be 1,000 square feet for a single-family dwelling,
mobile or modular home and 400 square feet for a secondary residential suite
located within a within or attached to a single dwelling-unit or modular home.
(b)
Serviced Sites
Where a site is serviced by a municipal piped sewer system or a private holding tank
approved by the provincial authority having jurisdiction, the minimum bulk requirements shall
be adjusted as follows:
71
(i)
Minimum required site area - 15,000 square feet;
(ii)
Minimum required site width - 100 feet;
(iii)
Minimum required side yard - 10 feet.
(iv)
In the case of a multi-family dwelling site serviced by a municipal piped sewer system
or private holding tank, the minimum required site area for the first three (3) dwelling
units shall be twenty-thousand (20,000) square feet, and the minimum required site
area shall increase by an additional one-thousand (1,000) square feet for each
additional dwelling unit above three (3) units. In addition, the minimum site width
shall be one hundred (100) feet and the minimum front, side and rear yard setbacks
shall each be twenty (25) feet.
(c)
For mobile home sites, there shall be an open space at least twenty (20) feet by fifty (50) feet
adjacent to the side of the mobile home containing either the entrance or the main living
room window, to be utilized for household exterior recreational use.
(d)
The minimum required front yard for accessory buildings and structures shall be the same as
the minimum required front yard for the principal building on the same zoning site.
(e)
In the case of buildings or structures, which are accessory to residential uses (except for
vehicle garages as described in footnote (g) below), when located entirely to the rear of the
principal building, the minimum required side yard and rear yard for accessory buildings and
structures shall be three (3) feet.
(f)
Where an accessory building is used for the storage of a motor vehicle, the wall which
contains the vehicular access door shall be set back a minimum distance of fifteen (15) feet
from a public road or lane used for access to this building.
(g)
Where a site line is adjacent to a Provincial Trunk Highway or Provincial Road, the minimum
required yard shall be specified by the provincial highway authority, instead of the relevant
provision of this Table.
(h)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the provincial
authorities having jurisdiction.
(i)
Where a proposed development involves the construction of "water control works" or
"drainage works" as identified under the Water Rights Act, it shall be the responsibility of the
proponent to contact the provincial authority having jurisdiction to obtain any required
licenses or approvals prior to the commencement of development.
(j)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated
equipment such as poles, transformers and switching boxes including Manitoba Hydro
Substations and similar infrastructure since all of this apparatus may require only very small
parcels or none at all (easements). This does not apply, however, to offices, equipment or
vehicle storage, parking or workshops, where and if these uses are permitted or approved.
72
(k)
Where the rear site line of a single family, mobile or modular home, two-family or multi-family
dwelling site is along a shoreline of a lake or other water body, the minimum rear yard shall
be zero (0) for accessory docks and/or boathouses only.
(l)
All mobile homes shall meet or exceed the minimum requirements of the Manitoba Buildings
and Mobile Homes Act and satisfy the requirements of all municipal by-laws of Killarney-Turtle
Mountain.
(m)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(n)
All signs shall be setback a minimum of 5 feet from the limits of the parcel on which it they are
located and to which it is accessory. In the case of a corner lot, the corner side yard setback
shall be increased to minimum of ten (10) feet. (See also PART 2, Section 2.24 of this By-
law).
73
TABLE 5-5: "SR" SEASONAL RESIDENTIAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (g) (h) (i)
SITE SIZE
REQUIRED YARDS
Site Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear Yard
(feet)
PERMITTED USES
Dwellings, cottages
6,000
55
25
6
25 (k)
Dwellings, single-family including mobile and
modular homes
6,000
55
25
6(c)
25 (k)
Existing Lawfully Established Uses That Existed
Prior to Adoption of this By-law (See also PART
2, Sections 2.4 and 2.5 of this By-law)
5,000
50
25
6
25
Public Utilities (j) (See also PART 2 Section 2.34
of this By-law)
5,000
50
30
10
25
Recreation Facilities including public playgrounds,
parks, picnic areas, low intensity outdoor
recreation facilities such as tennis courts,
horseshoe pitches, lawn bowling courts,
swimming pools
20,000
100
30
20
25
CONDITIONAL USES
Campgrounds, including group camping facilities
4 acres
200
50
25
25
Dwellings, Two-Family
6,600
60
25
6
25 (k)
Dwellings, Multi-Family
10,000
75
25
10
25
Golf Courses, including related food and beverage
concessions when located on the same site
30 acres
575
125
15
25
Golf Driving Ranges, including related food and
beverage concessions when located on the same
site
4 acres
200
50
25
25
Marinas , including associated food and beverage
concessions when located on the same site
15,000
70
30
25
25 (k)
Nurseries or Greenhouses
12,000
110
30
20
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2, Section(s) 2.11 to 2.29 of this By-
law (n)
-
-
(d)(m)
5(e)(m)
5(e)(f)(m)
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General Regulations
for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of a conflict between
the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most restrictive requirement
shall prevail and shall be satisfied.
The following footnotes for the "SR" Seasonal Recreation Zoning District form part of TABLE
5-5 (above):
(a)
Maximum Height and Minimum Dwelling Unit Area Requirements
In addition to the minimum requirements of Table 5.5 (above), the following requirements
shall also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet.
74
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet, if accessory to a residence except for flagpoles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high, and eighteen (18) feet if accessory to a non-residential use.
(iii)
Minimum dwelling unit area shall be 600 square feet for a single-family dwelling,
mobile or modular home, 400 square feet per unit for two-family and multi-family
dwellings and 400 square feet for cottages and a secondary residential suite located
within or attached to a single-family dwelling or modular home.
(b)
Un-Serviced Sites
Where a site is not serviced by a municipal piped sewer system or a private holding tank
approved by the provincial authority having jurisdiction, the minimum bulk requirements shall
be adjusted as follows:
(v)
Minimum required site area - 2 acres;
(vi)
Minimum required site width - 200 feet;
(vii)
Minimum required side yard - 30 feet.
(c)
For mobile home sites, there shall be an open space at least twenty (20) feet by fifty (50) feet
adjacent to the side of the mobile home containing either the entrance or the main living
room window, to be utilized for household exterior recreational use.
(d)
The minimum required front yard for accessory buildings and structures shall be the same,
as the minimum required front yard for the principal building on the same site.
(e)
In the case of buildings or structures, which are accessory to residential uses (except for
vehicle garages as described in footnote (f) below), when located entirely to the rear of the
principal building, the minimum required side yard and rear yard for accessory buildings and
structures shall be three (3) feet.
(f)
Where an accessory building is used for the storage of a motor vehicle, the wall which
contains the vehicular access door shall be set back a minimum distance of fifteen (15) feet
from a public road or lane used for access to this building.
(g)
Where a site line is adjacent to a Provincial Trunk Highway or Provincial Road, the minimum
required yard shall be specified by the provincial authority having jurisdiction, instead of the
relevant provision of this Table.
(h)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the provincial
authorities having jurisdiction.
(i)
Where a proposed development involves the construction of "water control works" or
"drainage works" as identified under the Water Rights Act, it shall be the responsibility of the
proponent to contact the provincial authority having jurisdiction to obtain any required
licenses or approvals prior to the commencement of development.
75
(j)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated
equipment such as poles, transformers and switching boxes including Manitoba Hydro
Substations and similar infrastructure since all of this apparatus may require only very small
parcels or none at all (easements). This does not apply, however, to offices, equipment or
vehicle storage, parking or workshops, where and if these uses are permitted or approved.
(k)
Where the rear site line of a single family, mobile or modular home, two-family and multi-
family site is along a shoreline of a lake or other water body, the minimum rear yard shall be
zero (0) for accessory docks and/or boathouses only.
(l)
Where an area is developed or expanded for residential purposes (i.e. single family
dwellings, modular or mobile homes, two-family and multi-family dwellings), no parcel shall
be created or thereafter further re-subdivided for residential purposes unless each parcel
intended for residential development conforms to the minimum site area and width
requirements as set forth in Table 5.5 of this PART.
(m)
All signs shall be setback a minimum of 5 feet from the limits of the parcel on which it they are
located and to which it is accessory. In the case of a corner lot, the corner side yard setback
shall be increased to minimum of twelve (12) feet. (See also PART 2, Section 2.24 of this By-
law).
(n)
Home-based businesses shall be prohibited in the zoning governed by the requirements for
"Home-Based Businesses" as set out in PART 6 of this By-law.
76
TABLE
5-6:
"RS"
RESIDENTIAL
SERVICED
ZONE
-
USE
&
BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (a) (g) (h) (i)
SITE SIZE
REQUIRED YARDS
Site
Area
(Sq.
feet)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Cultural Facilities, including arts centres, galleries,
museums, theatres, libraries and historic sites
5,000
50
25
5 (b)
25
Boarding, rooming, and lodging houses for two (2) or
less persons
5,000
50
25
5 (b)
25
Dwellings, Single-Family including modular homes (l)
5,000
50
25
5 (b)
25
Existing Lawfully Established Uses That Existed Prior
to Adoption of this By-law (See also PART 2,
Sections 2.4 and 2.5 of this By-law)
5,000
50
25
5
25
Playgrounds, tot lots and similar uses including buffer
strips, public reserves and public walkways
5,000
50
25
5 (b)
25
Public Utilities (c) (j)
5,000
50
25
5 (b)
25
R.C.M.P. Barracks
5,000
50
25
5 (b)
25
CONDITIONAL USES
Boarding, rooming, and lodging houses for three (3)
or more persons
10,000
75
25
10
25
Community centres or community clubs
10,000
75
25
10
25
Convalescent homes, nursing care homes, rest
homes, and similar uses
10,000
75
25
10
25
Convenience stores
6,600
60
25
10
25
Dwellings, Two-Family
6,600 (k)
60 (k)
25
10 (k)
25
Dwellings, Multi-Family
10,000
75
25
10
25
Group Day Care
6,600
60
25
10
25
Home Day Care facilities
5,000
50
25
5 (b)
25
Lodges
5,000
50
25
5 (b)
25
Mobile Home Parks and Mobile Home Subdivisions
See footnote (p) and Table 5.6.1
Private non-profit clubs or halls
5,000
50
25
5(b)
25
Public Works Compounds and Maintenance
Buildings (See PART 2 Section 2.34 of this By-law)
15,000
100
30
5 (b)
25
Religious Institutions, and related uses including non-
residential schools incidental to a religious institution
and offices and residences related to the
administration of the religious institution
10,000
75
25
10
25
Residential care facilities for up to four (4) or fewer
children or adults
7,500
65
25
10
25
Schools
5 acres
300
30
25
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2, Section(s) 2.11 to 2.29 of this By-law
(o)
-
-
(d)
5 (e)
5 (f)
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of
a conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
77
The following footnotes for the "RS" Residential Serviced Zone form part of TABLE 5-6:
(a)
Maximum Height and Minimum Dwelling-Unit Area Requirements
In addition to the minimum requirements of Table 5.6, the following requirements shall also
apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet except for church steeples, chimneys, elevator and stair bulkheads and parapet
walls above the roofline which may be higher subject to written approval by the
Development Officer.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet if accessory to a residence except for flagpoles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high and eighteen (18) feet if accessory to a non-residential use.
(iii)
The minimum required dwelling unit area shall be 600 square feet for a single-family
dwelling and modular homes, 400 square feet per unit for two-family dwellings and
400 square feet for a secondary residential suite located within or attached to a
single dwelling-unit or modular home.
(iv)
The minimum required site area for the first four (4) dwelling units of a multi-family
dwelling shall be 10,000 square feet, and the minimum required site area shall
increase by an additional 1,000 square feet for each additional dwelling unit above
four (4) units.
(b)
When located on a corner site, the minimum required side yard on the street side of the site
shall be ten (10) feet for all principal and accessory buildings and structures.
(c)
Where the proposed public utility development consists of a building or structure less than
one-hundred (100) square feet in floor area, a smaller site may be approved, provided that
the site is not adjacent to a required front yard of a residential site, and provided that a
separation distance of seven (7) feet is maintained from all site lines.
(d)
The minimum required front yard for accessory buildings and structures shall be the same,
as the minimum required front yard for the principal building on the same zoning site.
(e)
In the case of buildings or structures which are accessory to residential uses (except for
vehicle garages as described in footnote (f) below), when located entirely to the rear of the
principal building, the minimum required side yard and rear yard for accessory buildings
and structures shall be three (3) feet.
(f)
Where an accessory building is used for the storage of a motor vehicle, the wall which
contains the vehicular access door shall be set back a minimum distance of fifteen (15) feet
from a public road or lane used for access to this building.
(g)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the
provincial authorities having jurisdiction.
78
(h)
Where a proposed development involves the construction of "water control works" or
"drainage works" as identified under the Water Rights Act, it shall be the responsibility of
the proponent to contact the provincial authority having jurisdiction to obtain any required
licenses or approvals prior to the commencement of development.
(i)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated
equipment such as poles, transformers and switching boxes including Manitoba Hydro
Substations and similar infrastructure since all of this apparatus may require only very
small parcels or none at all (easements). This does not apply, however, to offices,
equipment or vehicle storage, parking or workshops, where and if these uses are permitted
or approved.
(j)
For two-family dwellings subdivided with a separate title for each unit, the minimum site
area for each dwelling unit shall be 3,300 sq. ft. and the minimum site width for each
dwelling unit shall be 30 feet and the side yard on the side having a common party wall
shall be reduced to zero (0) and the interior side site line must be completely contained
within the common party wall.
(k)
Where an area is developed or expanded for residential purposes (i.e. single family
dwellings, modular or mobile homes, two-family and/or multi-family dwellings), no parcel
shall be created or thereafter further re-subdivided for residential purposes unless each
parcel intended for residential development conforms to the minimum site area and width
requirements as set forth in Table 5.6 of this PART.
(l)
The minimum front yard requirement for a zoning site, where there are existing buildings on
the adjacent sites on both sides of the site, or on one side for a corner site, shall be
modified from the front yard setback requirements of Table 5.6 so as to be within ten (10)
percent of the existing average front yards for the said adjacent buildings, provided said
distance is less than the minimum bulk requirements of Table 5.6. The minimum front yard
requirement noted herein may be used to determine the front yard requirement for a
building that was destroyed and is being rebuilt, or where an existing building is to have an
addition made to it, or where a new building is to be constructed in an infilling situation.
(m)
All signs shall be setback a minimum of 5 feet from the limits of the parcel on which it they
are located and to which it is accessory. In the case of a corner lot, the corner side yard
setback shall be increased to minimum of twelve (12) feet. (See also PART 2, Section
2.25 of this By-law).
(n)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(o)
Mobile Home Park And Mobile Home Subdivisions Bulk Regulations
(i)
A mobile home park shall have a minimum site width of two hundred and fifty (250)
feet and shall not contain more than ten (10) mobile home spaces per gross acre.
(ii)
For mobile home spaces which are in a mobile home park where mobile home
spaces are developed on a parcel of land under one certificate of title in the Land
Titles Office, the minimum mobile home space area shall be four thousand (4,000)
square feet, and the minimum mobile home space width shall be forty (40) feet;
79
(iii)
For mobile home zoning sites developed in a mobile home subdivision registered in
the Land Titles Office with individual parcels being offered for sale or lease to mobile
home owners, the minimum mobile home site area shall be five thousand (5,000)
square feet, and the minimum mobile home site width shall be fifty (50) feet.
(iv)
For both mobile home spaces in a mobile home park and mobile home sites located
in a mobile home subdivision, the following yard requirements shall apply:
a)
All yards shall be provided on the same mobile home space or mobile home
site as the principal use; and
b)
Accessory structures or buildings may be attached to the mobile home, in
which case the accessory structure or building shall be considered as being
part of the mobile home, and the yard requirements for the mobile home shall
apply.
c)
Yard requirements for mobile homes, in a mobile home park or mobile home
subdivision, shall be provided in accordance with the "Mobile Home Bulk
Requirements Table 5.6.1" set out below.
TABLE 5.6.1: "RS" RESIDENTIAL SERVICED ZONE - MOBILE HOME
BULK REQUIREMENTS
MINIMUM REQUIREMENTS (c) (n)
Front
Yard
(feet)
Rear Yard (feet)
Interior
Side
Yard
(feet)
Corner
Side
Yard
(feet)
With
lane
No
lane
PERMITTED USES
Existing Lawfully Established
Uses That Existed Prior to
Adoption of this By-law (See also
PART 2, Sections 2.4 and 2.5 of
this By-law)
15
15
15
5
10
Mobile homes
15
15
15
5 (a)
10 (a)
All other permitted uses and
conditional uses
15
15
15
5
10
ACCESSORY BUILDINGS, STRUCTURES AND USES
Accessory uses, buildings and
structures
15
5
2
4 (b)
10
The following footnotes for the Mobile Home Bulk Requirements Table 5.6.1
form part of TABLE 5-6.1:
a)
i)
On that side of a mobile home containing the main entrance and/or
window to the living room, the minimum side yard shall be fifteen (15)
feet.
ii)
Subject to footnote a) i) above, where there is no lane to the rear of the
mobile home site or space, one side yard shall be a minimum of ten (10)
feet.
80
b)
When located to the rear of the principal building and to the rear of the principal
building of the adjacent site, in which case the side yard may be reduced to two
(2) feet, clear of all projections.
c)
Buffer Area
A buffer area at least twenty (20) feet in width shall be provided within and
adjacent to the limits of a mobile home park.
d)
Development Of The Buffer Area
(i)
The buffer area provided in footnote c) above, shall be developed as
an area suitably landscaped with trees, shrubs, grass and similar
horticultural features as shown on the plans submitted pursuant to
footnote (k) forming part of Table 5.6.1 herein;
(ii)
The buffer area may be crossed by an access right-of-way a
minimum of fifty (50) feet in width, containing a driveway a minimum
of twenty-five (25) feet in width, from a street to the internal roadway
system; and
(iii)
The buffer area shall contain no use other than permitted by clauses
(i) and (ii) of footnote d) herein.
e)
Location of Storage Compound
(i)
A storage compound shall not be located within the buffer area
provided in footnote c) above and the compound shall be located as
shown on the plans submitted pursuant footnote (k) forming part of
Table 5.6.1 herein.
f)
Recreational Area
(i)
A mobile home park shall contain a common recreational area or
open space as follows:
a)
The common recreational area or open space shall contain a
minimum of five percent (5%) of the mobile home park area;
b)
The common recreational area or open space shall not be
part of the buffer area provided in footnote c) above; and
c)
The common recreational area or open space shall be
bordered by a fence or hedge where it abuts any part of the
internal roadway system.
g)
Mobile Home Park Internal Roadway System
(i)
Internal roadways within a mobile home park shall be as follows:
a)
The main collector road of the internal roadway system shall
have a right-of-way a minimum fifty (50) feet in width; and
81
b)
The entire internal roadway system shall be a minimum of
twenty-five (25) feet in width.
h)
Walkway
(i)
A walkway, where provided, shall have a minimum width of ten (10)
feet.
i)
Off Street Parking
(i)
Accessory off-street parking shall be provided and maintained in
accordance with the following:
a)
A minimum of one (1) parking space shall be provided for each
mobile home space in a mobile home park. A minimum of one
(1) parking space shall be provided for each mobile home site in
a mobile home subdivision.
(ii)
Minimum size of a parking space shall be nine (9) feet by twenty (20)
feet; and
(iii)
A parking space located on a mobile home space or site shall have a
minimum side yard of two (2) feet except where it is adjacent to a
parking space on the neighbouring mobile home space or site, in
which case the side yard may be zero (0).
j)
Required Services
(i)
A mobile home space or site shall be provided with the following:
(ii)
A sewer and water connection;
(iii)
An electrical service outlet; and
(iv)
An adequate base to support the mobile home. Each mobile home on
a site or space shall be supported by a stand, capable of supporting
the maximum anticipated load of a mobile home at all seasons without
settlement or other movement. The type of stand on each space or
site shall be by a means acceptable to Council and may require
additional information or recommendations from the manufacturer of
the mobile home.
k)
Site Plan Requirements
(i)
Plans submitted to Council for approval of a mobile home park shall
be drawn to scale and fully dimensioned indicating landscaping,
access roads, mobile home spaces, buffers, storage compounds,
common recreational area, retention of surface run-off and parking;
and shall include such other information as may be necessary to
determine conformance with this By-law.
l)
By-law Compliance
(i)
All mobile homes shall meet or exceed the minimum requirements of
the Manitoba Buildings and Mobile Homes Act and satisfy the
requirements of all municipal by-laws of Killarney-Turtle Mountain.
82
m)
Home Based Businesses
(i)
Home-based businesses shall be governed by the requirements for
"Home-Based Businesses" as set out in PART 6 of this By-law.
n)
Proximity to Provincial Highway System
Under authority of The Highways Protection Act and the Highways and
Transportation Act where any structure or development is proposed under,
below or at ground level within the control areas of the provincial highway
system, permits must be obtained from the provincial authorities having
jurisdiction.
83
TABLE 5-7: "RU" RESIDENTIAL UN-SERVICED ZONE - USE & BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (h)
SITE SIZE
REQUIRED YARDS
Site Area
(sq. feet)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Boarding, rooming, and lodging houses for two (2)
or less persons
15,000
75
25
15
25
Dwellings, single-family including modular homes
15,000
75
25
15
25
Existing Lawfully Established Uses That Existed
Prior to Adoption of this By-law (See also PART
2, Sections 2.4 and 2.5 of this By-law)
15,000
75
25
15
25
Playgrounds, tot lots and similar uses including
buffer strips, public reserves and public walkways
15,000
75
25
15
25
Public Utilities (c)
15,000
75
25
15
25
Public Works
15,000
75
25
15
25
CONDITIONAL USES
Community Centres or community clubs
15,000
75
25
15
25
Group Day Care Facilities
15,000
75
25
15
25
Home Day Care Facilities
15,000
75
25
15
25
Private non-profit clubs or halls
15,000
75
25
15
25
Religious Institutions
20,000
100
25
25
25
Residential care facilities
15,000
75
25
15
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2, Section(s) 2.11 to 2.29 of this By-
law (e) (g)
-
-
25
4 (d)
5 (d) (f)
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of
a conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
The following footnotes for the "RS-U" Residential Single Dwelling Unit Un-Serviced Zoning
District form part of TABLE 5-7:
(a)
Maximum Height and Dwelling Unit Area Requirements
In addition to the minimum requirements of Table 5.7, the following requirements shall also
apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet except for church steeples, chimneys, elevator and stair bulkheads and parapet
walls above the roofline which may be higher subject to written approval by the
Development Officer.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet if accessory to a residence except for flagpoles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high and eighteen (18) feet if accessory to a non-residential use.
84
(iii)
The minimum required dwelling unit area shall be 800 square feet for a single-family
dwelling and modular homes, 400 square feet for a secondary residential suite
located within or attached to a single dwelling-unit or modular home.
(b)
Un-Serviced Sites
Where a site is not serviced by a private holding tank approved by the provincial authority
having jurisdiction, the minimum bulk requirements shall be adjusted as follows:
(viii)
Minimum required site area - 2 acres;
(ix)
Minimum required site width - 200 feet;
(x)
Minimum required side yard - 30 feet.
(c)
Where the proposed public utility development consists of a building or structure less than
one-hundred (100) square feet in floor area, a smaller site may be approved, provided that
the site is not adjacent to a required front yard of a residential site, and provided that a
separation distance of seven (7) feet is maintained from all site lines.
(d)
When located entirely to the rear of the principal building, the minimum required interior side
yard for accessory buildings and structures shall be one (1) foot, clear of all projections
except where there is a common party wall, in which the side yard may be reduced to zero
when the side site line is completely within the common party wall.
(e)
An accessory building or structure shall not exceed the height of the principal building or
structure.
(f)
Where the rear site line is not adjacent to a public lane, the minimum required rear yard for
accessory buildings and structures shall be two (2) feet.
(g)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(h)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the provincial
authorities having jurisdiction.
85
TABLE 5-8: "CG" COMMERCIAL GENERAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (d) (f) (g) (h) (l)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(j)
Rear
Yard
(feet) (g)
PERMITTED USES
Accommodation Facilities, including Hotels and Motels
12,000
100
0
0
20
Automobile, Bicycle, Boat, Mopeds, ATV's, Motorcycle
and Snowmobile Sales, Storage and repair of new
and/or used vehicles (e)
20,000
100
0
0
20
Building Materials, Tools and Equipment, Lumber and
Wood Sales when totally enclosed within a completely
enclosed building or within an area completely
enclosed on all sides by a wall or fence not less than 6
feet in height.
20,000
100
45
10
20
Bus Terminals
1,800
15
0
0
20
Business Colleges, Trade or Vocational Schools
1,800
15
0
0
20
Clubs, Private or Public
12,000
100
45
10
20
Cultural Facilities, including auditoriums, churches
community clubs and halls, libraries, museums,
theatres and historic sites
12,000
100
0
0
20
Drive-Through Facilities or Businesses
5,000
50
25
10
20
Emergency Services including Police, Fire and
Ambulance Stations (e)
12,000
100
45
10
20
Establishments for the provision of Personal Services,
including offices, financial institutions, clinics, salons,
day care facilities and funeral homes, dental offices
5,000
50
25
10
20
Establishments for the retail sales of goods or
services, provided that all storage is within a fully
enclosed building
5,000
50
0
0
20
Existing Lawfully Established Uses That Existed Prior
to Adoption of this By-law (See also PART 2,
Sections 2.4 and 2.5 of this By-law)
5,000
50
25
10
25
Food and/or Beverage Service Establishments,
Including Cafes, Coffee Shops, Restaurants
1,800
15
0
0
20
Garden Supplies, Sales and Distribution, Seed Sales
and Distribution
1,800
15
0
0
20
Gas Stations and related automobile service garages
20,000
100
45
10
20
Government, Administrative Buildings and Offices,
including Post Offices
12,000
100
0
0
20
Miniature Golf Course, Driving Range,
Rinks for Curling, Ice or Roller Skating, Indoor
Cinemas, Billiards Parlours, Bowling Alleys and similar
uses
12,000
100
45
10
20
Parks or Playgrounds, Picnic Areas
5,000
50
25
10
20
Public and Private Parking Areas
5,000
50
25
10
20
Public Utilities (c)
5,000
50
25
10
20
Public Works
15,000
100
25
15
25
Recreation Facilities
5,000
50
25
10
20
Storage Buildings and Warehouses for Non-
Hazardous Materials
20,000
100
45
10
20
86
TABLE 5-8: "CG" COMMERCIAL GENERAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (d) (f) (g) (h) (l)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(j)
Rear
Yard
(feet) (g)
Taxi or courier services (e)
5,000
50
25
10
20
Tire Sales and Installation
5,000
50
25
10
20
Vehicle Sales and Service (e)
15,000
100
25
15
25
Wholesale establishments, including sales,
showrooms and related storage facilities
20,000
100
45
10
20
CONDITIONAL USES
Auction Marts (excluding livestock auction marts)
20,000
100
45
10
20
Camping and Tenting Grounds
12,000
100
45
10
20
Contractors Establishments including Sales and
Incidental Storage of Building Materials and
Contractors Equipment
12,000
100
45
10
20
Day Care Facilities (Group or Home Day Care, Drop-in
Baby-Sitting Services and Nurseries provided there is
in the opinion of Council, a safe vehicular pick-up and
drop-off area
5,000
50
25
10
20
Dry Cleaning Establishments
5,000
50
25
10
20
Establishments for the Sales, Storage and Distribution
of Animal Feeds
12,000
100
45
10
20
Establishments for the Sale of Goods and Services,
where there is exterior storage of products including
lumber yards (e)
20,000
100
45
10
20
Greenhouses and Nurseries
12,000
100
45
10
20
Institutional Buildings, including hospitals, schools,
court houses, personal care homes and senior citizen
homes
12,000
100
45
10
20
Indoor Gun Clubs
5,000
50
25
10
20
Religious Institutions and related uses including non-
residential schools incidental to a religious institution,
offices and residence for the administration of the
religious institution
12,000
100
45
10
20
Trucking Establishments, Truck Terminals, including
Repair Shops, Rentals, Sales and Service (e)
20,000
100
45
10
20
Veterinary Clinics
5,000
50
25
10
20
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2, Section(s) 2.11 to 2.29 of this By-law
(k)
-
-
25 (i)
10 (i)
2
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of a
conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
87
The following footnotes for the "CG" Commercial General Zoning District form part of TABLE
5-8:
(a)
Maximum Height and Dwelling Unit Area Requirements
In addition to the minimum requirements of Table 5.7, the following requirements shall also
apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (36)
feet (three storeys) except for church steeples, chimneys, elevator and stair
bulkheads, flag poles, spires or parapet walls above the roofline which may be higher
subject to written approval by the Development Officer.
(ii)
Maximum allowable height for all accessory buildings and structures shall not exceed
the Principal Use on the zoning site to which it is accessory.
(iii)
Each accessory apartment / suite shall have a minimum dwelling unit area of 400
sq/ft. (See PART 3 of this By-law for additional information).
(iv)
An accessory caretaker / watchman's dwelling unit shall have a minimum dwelling
unit area of 600 sq/ft. (See PART 3 of this By-law for additional information).
(b)
Un-Serviced Zoning Sites
Where a site is not serviced by a municipal piped sewer system or a private holding tank
approved by the provincial authority having jurisdiction, the minimum bulk requirements shall
be adjusted as follows:
(iv)
Minimum required site area - 2 acres;
(v)
Minimum required site width - 200 feet;
(vi)
Minimum required side yard - 30 feet.
(c)
Where the proposed development consists of a building or structure less than 100 square
feet in floor area, a smaller site may be approved, provided that the site is not adjacent to a
required front yard of a residential site, and provided that a separation distance of seven (7)
feet is maintained from all site lines.
(d)
Where the side or rear site line of a site coincides with the boundary of a railway right-of-way,
the required yard shall be zero (0) feet for those structures which require railway service for
loading or unloading.
(e)
No open storage shall be permitted in the front yard except for vehicle displays. Open
storage may be permitted in a side or rear yard provided, where side or rear yards abut a
public street or highway, the open storage is screened with a solid fence at least six (6) feet
in height.
(f)
The minimum front yard requirement for a zoning site, where there are existing buildings on
the adjacent sites on both sides of the site, or on one side for a corner site, shall not vary
more than ten (10) percent from the average existing front yards for the said adjacent
buildings, provided said distance is less than the minimum bulk requirements. The minimum
front yard requirements noted above may be used to determine the front yard requirement
88
for a building that was destroyed and is being rebuilt, or where an existing building is to have
an addition made to it, or where a new building is to be constructed in an infilling situation.
(g)
For groups of principal buildings located on one zoning site, the yards on the boundary of the
site shall not be less than those required in the zone in which the site is located, nor shall the
distance between buildings within the site be less than the sum of two of these required
yards.
(h)
Where a commercially zoned site is adjacent to a residentially zoned site or area, the side or
rear yard of the commercially zoned site bordering the residential area shall be twenty (20)
feet.
(i)
The minimum side yard requirements for accessory buildings and structures shall be the
same as the minimum side yard requirements for the principal building of the zoning site on
which they are located. In the case of an automobile service station (gas station), the
minimum front and side yard requirements for the fuel pumps shall be 20 feet each.
(j)
Where there is a common party wall, the interior side yard shall be reduced to zero providing
the entire interior side site line is contained within the common party wall.
(k)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(l)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the provincial
authorities having jurisdiction.
89
TABLE 5-9: "MG" INDUSTRIAL GENERAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (f) (j)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(d)
Side
Yard
(h)
Rear
Yard (h)
PERMITTED USES
Agricultural Machinery and Equipment Sales and
Distribution with Minor Assembly, Parts, Service and
Repair
12,000
100
20
15
20
Aircraft Sales and Service
20,000
100
20
15
20
Assembly, Storage, Sales and Distribution of Farm
Buildings and Structures
12,000
100
20
15
20
Auction Marts, excluding livestock
12,000
100
20
15
20
Automotive, Motorcycle, Bicycle, Snowmobile, Marine,
Aircraft, ATV Trailer and House Trailer and other
Vehicle Parts, Sales, Storage, Repair, Service and
rental of new and used vehicles
6,000
50
30
10
20
Automobile Service Stations (gas stations) and
Garages
6,000
50
30
10
20
Cafes and Coffee Shops
6,000
60
30
10
20
Contractors' establishments, including sales and
storage of building and landscaping material and
equipment including electrical, insulation, drywall,
eavestroughing, painting, decorating, roofing,
stuccoing, HVAC, windows and like uses
12,000
100
20
15
20
Establishments for the sale and storage (indoor and or
outdoor) and distribution of building materials including
lumber yards (indoor and or outdoor)
12,000
100
20
15
20
Existing Uses Lawfully Established Prior to the
Adoption of this By-law (See also PART 2, Sections
2.4 and 2.5 of this By-law)
6,000
50
20
10
20
Fertilizer (Solid) Sales, Distribution and Storage
12,000
100
20
15
20
Food or Beverage Service Establishments
6,000
100
45
10
25
Garden Supplies, Sales, Distribution, Storage (indoor
and outdoor) and Manufacturing providing it is
conducted within a completely enclosed building
6,000
50
20
10
20
Government administrative buildings and offices
6,000
50
25
10
25
Office Equipment and Furniture, Sales, Service and
manufacturing providing it is conducted within a
completely enclosed building
6,000
50
25
10
25
Public Utilities
5,000
50
25
10
20
Public Works Compounds and Maintenance Buildings
(d)
6,000
50
25
10
20
Storage Facilities and Compounds (exterior) for Non-
hazardous materials including lumber, building
supplies, and contractors equipment (d)
6,000
50
25
10
20
Taxi or Courier Services
6,000
50
25
10
20
Tire Shops
6,000
50
25
10
20
Warehouse and Storage for Non-Hazardous, Non-
Flammable and Non-Toxic Materials
12,000
100
20
15
20
Wholesale Establishments including Sales,
Showrooms and Related Storage
12,000
100
20
15
20
90
TABLE 5-9: "MG" INDUSTRIAL GENERAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (f) (j)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(d)
Side
Yard
(h)
Rear
Yard (h)
CONDITIONAL USES
Aircraft Manufacturing, Sales and Service
20,000
100
20
15
20
Agricultural Machinery and Equipment Manufacturing
12,000
100
20
15
20
Agricultural Feed Manufacturing and Processing,
Sales, Distribution and Storage, including flour mills,
grain elevators and terminals, Seed Cleaning and
Drying Plants
20,000
100
20
15
20
Asphalt or Asphalt Products Manufacturing, Sales,
Distribution and Storage
20,000
100
30
20
30
Auction Marts
12,000
100
25
15
20
Automotive, Motorcycle, Bicycle, Snowmobile, Marine,
Aircraft, ATV Trailer and House Trailer and other
Vehicle Manufacturing
12,000
100
25
15
20
Automobile Wrecking Yards and Scrap Yards
20,000
100
30
15
20
Bulk Fuel Sales, Including Card-Lock Facilities, Coal
and Coke Sales Storage and Distribution
20,000
100
30
15
25
Concrete and Cement Batch Plants
20,000
100
30
20
30
Establishments for Bulk Processing, Distillation, Pulp
or Fiber Reduction of Lumber and Wood Products
20,000
100
30
20
30
Fertilizer (Liquid) Manufacturing, Sales, Distribution
and Storage and Fertilizer (Solid) Manufacturing
20,000
100
30
20
30
Kennels, including Pounds and Shelters, Boarding,
Care and Training Facilities
6,000
50
20
10
20
Light manufacturing not otherwise identified in this
Table producing negligible noise, dust, odour,
emission or any other nuisance factor
6,000
50
20
10
20
Livestock Processing including Abattoirs, Meat
Processing and Packaging, Milk Processing and
Packaging of Dairy Products, and stockyards for the
holding, sales and shipping of livestock
20,000
100
30
20
30
Manufacturing of Chemicals
20,000
100
30
20
30
Manufacturing of Farm Buildings and Structures
20,000
100
30
20
30
Poultry Hatcheries
20,000
100
30
20
30
Sand Blasting Operations (Indoor)
12,000
100
25
15
20
Sand Blasting Operations (Outdoor)
20,000
100
30
20
30
Sand and Gravel Sales and Stockpiling and related
Aggregate Hauling When located on the same site
20,000
100
30
15
25
Trucking Establishments, Rail Yards, and Related
Uses
20,000
200
30
15
30
Veterinary Clinics
6,000
50
20
10
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2, Section(s) 2.11 to 2.29 of this By-law (i)
-
-
(f)
10
2
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General Regulations for
all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of a conflict between
the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most restrictive requirement
shall prevail and shall be satisfied.
91
The following footnotes for the "MG" Industrial General Zoning District form part of TABLE 5-9:
(a)
Maximum Height and Dwelling Unit Area Requirements
i)
In addition to the minimum requirements of TABLE 5-9, the maximum allowable height
for all principal buildings and structures shall be forty five (45) feet, and accessory
buildings and structures shall not exceed the height of the principal building or
structure, with the exception of grain storage structures, fuel and fertilizer storage
tanks, church steeples and telecommunications towers which are accessory to a
permitted or conditionally approved use.
ii)
The maximum height of accessory buildings and structures shall not exceed the height
of the principal building or structure.
iii)
Accessory dwelling units are only permitted when they are located within or are
accessory to an industrial building where there is industrial activity conducted in the
front portion of the ground floor. Accessory dwelling unit(s) within or accessory to an
industrial building shall be located in the rear portion of the ground floor and/or or on
the 2nd or 3rd floor(s) or in the case of a detached accessory dwelling unit, located to
the rear of the principal building on the zoning site to which it is accessory. In all
cases, said accessory dwelling units are intended for occupancy by the owner of the
industrial business located on the same zoning site, the operator of the industrial
enterprise, a watchman or caretaker and his/her family.
iv)
The minimum dwelling unit area for an accessory dwelling unit located within or
accessory to an industrial building shall be 400 sq/ft.
(b)
All manufacturing activities shall be conducted entirely within an enclosed building unless
otherwise noted in Table 5-9 of this PART.
(c)
Where Table 5-9 of this PART, indicates outdoor storage of goods and materials is
supported, said outdoor storage of goods and materials shall conform to the following
requirements:
(i)
All outdoor storage of goods and materials shall be located to the rear of a line
adjacent to and parallel with the front wall of the principal building on the zoning site
on which the materials will be stored;
(ii)
the storage area shall be totally enclosed by a wall or fence with a minimum height of
six (6) feet, maintained in good condition and repair; and
(iii)
the goods and materials stored shall not project above the height of the enclosing
wall or fence.
(d)
Notwithstanding the requirements of Table 5-9 of this PART, The minimum front yard
requirement for a zoning site, where there are existing buildings on the adjacent sites on
both sides of the site, or on one side for a corner site, shall not vary more than ten (10)
percent from the average existing front yards for the said adjacent buildings, provided said
distance is less than the minimum bulk requirements. The minimum front yard requirements
noted herein may be used to determine the front yard requirement for a building that was
92
destroyed and is being rebuilt, or where an existing building is to have an addition made to it,
or where a new building is to be constructed in an infilling situation.
(e)
For a group of principal buildings located on one zoning site, the yards on the boundary of
the site shall not be less than those required in the zone in which the site is located, nor shall
the distance between buildings within the site be less than the sum of two of these required
yards.
(f)
The minimum required front yard for an accessory use, building or structure shall be the
same as is required for the principal use on that zoning site.
(g)
Front yards shall include landscaped green space adjacent to the street right-of-way, at least
ten (10) feet in depth as measured from the front property line;
(h)
Where adjacent to a residential zone, a side and/or rear yard of twenty (20) feet shall be
provided.
(i)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(j)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the provincial
authorities having jurisdiction.
93
TABLE 5-10: "O" OPEN SPACE ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (f)
SITE SIZE
REQUIRED YARDS
Site
Area
(acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Athletic Camps
5
300
25
15
25
Campgrounds
5
300
25
15
25
Community Centres or Community Clubs
5
300
25
15
25
Cultural Facilities, including Auditoriums,
Community Halls, Libraries, Museums, Theatres,
Cinemas and Historic Sites
5
300
25
15
25
Driving Ranges
5
300
25
15
25
Existing Uses Lawfully Established Prior to the
Adoption of this By-law (See also PART 2,
Sections 2.4 and 2.5 of this By-law)
5
300
25
15
25
Fair and Exhibition Grounds
5
300
25
15
25
Golf Courses and Related Activities and Features
30
575
25
15
25
Golf courses, miniature
2
200
25
15
25
Government administrative buildings and offices
5
300
25
15
25
Horticultural Gardens
2
200
25
15
25
Parks or Playgrounds, Athletic Fields, Picnic Areas,
Tot Lots and Similar Uses including Buffer Strips,
Public Reserves and Public Walkways (d)
2
200
15
10
20
Public Utilities (b)
5,000
sq/ft
50
25
10
20
Recreation Fields, Grandstands, Arenas, and
Similar Uses including Curling and Roller Rinks,
Indoor and Outdoor Ice Skating/Hockey
5
300
25
15
25
Religious institutions including Non-Residential
Schools, Halls, Offices and a residence for the
administrator of the religious institution, Cemeteries
and/or Mausoleums
5
300
25
15
25
Schools, Public or Private
5
300
25
15
25
School Bus Garages
5
300
25
15
25
Swimming Pools and/ or Wading Pools Operated by
the Municipality
Tennis Courts and Trampoline Centres
Water Treatment Plants
5
300
25
15
25
CONDITIONAL USES
Crematoriums
5
300
25
15
25
Dwelling, mobile home (e)
2
200
25
15
25
Dwelling, single family or modular home (e)
2
200
25
15
25
Hospitals and personal care facilities
5
300
25
15
25
Indoor Gun Clubs and Ranges
5
300
125
25
25
Kennels, including Pounds and Shelters, Boarding,
Care and Training Facilities
5
300
25
15
25
Mineral Extraction Operations including crushing,
screening, processing, washing, stockpiling and
Sales
5
300
125
25
25
94
TABLE 5-10: "O" OPEN SPACE ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (f)
SITE SIZE
REQUIRED YARDS
Site
Area
(acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
Public Works Compounds and Maintenance
Buildings
5
300
25
15
25
Reservoirs
5
300
25
15
25
Riding Academies and Stables (private or public)
5
300
25
15
25
Sewage treatment plants and lagoons
5
300
25
15
25
Zoological Gardens
5
300
25
15
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2, Section(s) 2.11 to 2.29 of this By-law
-
-
(c)
(c)
2
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of
a conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
The following footnotes for the "O" Open Space Zoning District form part of TABLE 5-10:
(a)
Maximum Height and Minimum Dwelling Unit Area Requirements
In addition to the minimum requirements of Table 5.10 (above), the following requirements
shall also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet, if accessory to a residence except for flagpoles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high, and eighteen (18) feet if accessory to a non-residential use.
(iii)
Minimum dwelling unit area shall be 800 square feet for a single-family dwelling,
mobile or modular home and 400 square feet for a secondary residential suite
located within or attached to a single-family dwelling or modular home.
(b)
Where the proposed development consists of a building or structure less than one-hundred
(100) square feet in floor area, a smaller site may be approved, provided that the site is not
adjacent to a required front yard of a residential site, and provided that a separation distance
of seven (7) feet is maintained from all site lines.
(c)
The minimum required front yard and side yards for accessory buildings and structures shall
be the same as the minimum required front and side yards for the principal building on the
same zoning site unless otherwise provided for in this PART.
(d)
The minimum requirements in of Table 5-10 of this PART do not apply to land used as
buffers separating different types of land uses or land used for agricultural purposes, but do
apply to buildings and structures.
95
(e)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(f)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the provincial
authorities having jurisdiction.
96
TABLE 5-11: "AUR" AGRICULTURAL URBAN RESERVE ZONE - USE & BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (a) (f)
SITE SIZE
REQUIRED YARDS
Site
Area
(acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet) (b)
Rear
Yard
(feet)
PERMITTED USES
Agricultural Activities, General including field and
forage crops and other low intensity agricultural
activities (excluding livestock operations)
5
300
25
15
25
Existing Uses Lawfully Established Prior to the
Adoption of this By-law (See also PART 2,
Sections 2.4 and 2.5 of this By-law)
5
300
25
15
25
Golf Courses and Related Activities and Features
30
575
125
15
25
Horticultural Gardens
2
200
25
15
25
Indoor Gun Clubs and Ranges
5
300
125
25
25
Market Gardening Operations, including Flower and
Tree Farming
5
300
25
15
25
Nurseries and Greenhouse Operations
5
300
25
15
25
Parks or Playgrounds, Athletic Fields, Picnic Areas,
Tot Lots and Similar Uses including Buffer Strips,
Public Reserves and Public Walkways
2
200
15
10
20
Public Utilities (b)
5,000
sq/ft
50
25
10
20
Veterinary Clinics and Animal Hospitals
5
300
25
15
25
CONDITIONAL USES
Athletic camps
5
300
25
15
25
Crematoriums, Cemeteries, Mausoleums
5
300
25
15
25
Dwelling, Mobile home (e)
2
200
25
15
25
Dwelling, Single family or modular home (e)
2
200
25
15
25
Fair and Exhibition Grounds
5
300
25
15
25
Grandstands, Race-Tracks, Arenas and Similar
Uses
5
300
25
15
25
Kennels, including Pounds and Shelters, Boarding,
Care and Training Facilities
5
300
25
15
25
Landscape Contractors including the Storage and
Sales of Topsoil and Sod
5
300
25
15
25
Mineral Extraction Operations including crushing,
screening, processing, washing, stockpiling and
Sales
5
300
125
25
25
Public Works Compounds and Maintenance
Buildings
5
300
25
15
25
Reservoirs
5
300
25
15
25
Riding Academies and Stables (private or public)
5
300
25
15
25
Sewage treatment plants and lagoons
5
300
25
15
25
Zoological Gardens
5
300
25
15
25
97
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2, Section(s) 2.11 to 2.29 of this By-
law
-
-
25
10
5
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of
a conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
The following footnotes for the "AUR" Agricultural Urban Reserve Zoning District form part
of TABLE 5-11:
(a)
Maximum Height and Minimum Dwelling Unit Area Requirements
In addition to the minimum requirements of Table 5.11 (above), the following requirements
shall also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet, if accessory to a residence except for flagpoles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high, and eighteen (18) feet if accessory to a non-residential use.
(iii)
Minimum dwelling unit area shall be 800 square feet for a single-family dwelling,
mobile or modular home and 400 square feet for a secondary residential suite
located within or attached to a single-family dwelling or modular home.
(b)
Where the proposed development consists of a building or structure less than one-hundred
(100) square feet in floor area, a smaller site may be approved, provided that the site is not
adjacent to a required front yard of a residential site, and provided that a separation distance
of seven (7) feet is maintained from all site lines.
(c)
The minimum required front yard and side yards for accessory buildings and structures shall
be the same as the minimum required front and side yards for the principal building on the
same zoning site unless otherwise provided for in this PART.
(d)
The minimum requirements in of Table 5-11 of this PART do not apply to land used as
buffers separating different types of land uses or land used for agricultural purposes, but do
apply to buildings and structures.
(e)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(f)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the provincial
authorities having jurisdiction.
98
PART 6: RULES FOR SPECIFIC USES
Home Based Business Activities
6.1
Within Killarney-Turtle Mountain Municipality, a "home industry" and "home occupation" are
two distinct types of home based business activities which are recognized as legitimate
accessory uses. Each of these two distinct types of home based business activities shall
be governed by the following rules:
Home Industry
a)
May be allowed as a conditionally approved accessory use in the "GD" -
General Development, "RR" - Rural Residential, "RU" Residential Un-Serviced,
"O" Open Space and "AUR" Agricultural Urban Reserve Zone(s) as well as in
all agricultural zone(s) and shall be subject to the following additional rules:
i)
A home industry shall be principally conducted by the members of the family
residing in the dwelling located on the same site as the proposed home
industry and any other persons employed or otherwise engaged in the home
industry who do not reside in said dwelling may not exceed:
a)
Two (2) employees in the in the "GD" - General Development, "RR" -
Rural Residential, "RU" Residential Un-Serviced, "O" Open Space
and "AUR" Agricultural Urban Reserve Zone(s);
b)
Five employees in an agricultural zone;
ii)
A home industry shall not generate undue traffic or congestion, adversely
affect the amenity and convenience of the neighbourhood, or create a
nuisance.
iii)
A home industry shall not unduly interfere with the general enjoyment of
adjacent property.
i)
One business sign, either freestanding or affixed to the wall of the
principal or accessory building in which the home industry is carried
out shall be allowed and shall have a maximum sign surface area as
follows:
ii)
In all agricultural zones - 32 square feet
iii)
In all other zones where a home based industry is allowed as
conditionally approved accessory use - 16 square feet.
iv)
Where a home industry is proposed adjacent to a provincial trunk highway
and will be utilizing an existing access onto the provincial trunk highway, the
proponent will be responsible for obtaining a required change in access use
permit (i.e. joint use permit) from the Highway Traffic Board.
99
v)
It shall be the responsibility of the proponent proposing to establish or expand
a home industry to investigate the need to obtain a development permit
and/or building permit from the Development Officer prior to the
commencement of the development.
vi)
A home industry shall be prohibited in the "SR" Seasonal Recreation zones,
"CG" Commercial General Zones and "MG" Industrial General Zones;
Home Occupation
b)
Shall be allowed as a permitted accessory use in the "SR" - Seasonal
Recreation, "GD" - General Development, "RR" - Rural Residential, "RS" -
Residential Serviced, "RU" - Residential Un-Serviced, "O" - Open Space and
"AUR" - Agricultural Urban Reserve Zone(s) as well as in all agricultural
zone(s) and will be subject to the following additional rules:
i)
A home occupation shall be principally conducted by the members of the
family residing in dwelling located on the same site as the proposed home
occupation and any other persons employed or otherwise engaged in the
home occupation who do not reside in said dwelling may not exceed:
a)
Two (2) employees in the "GD" - General Development, "RR" - Rural
Residential, "RS" Residential Serviced, "RU" Residential Un-Serviced,
"O" Open Space and "AUR" Agricultural Urban Reserve Zone(s)
b)
five employees in all agricultural zone(s);
ii)
A home occupation shall not by reason of emission of odor, dust, smoke,
noise, gas, fumes, cinders, light, vibration, refuse matter or water carried
wastes become offensive or obnoxious or create a nuisance at or beyond
any site line;
iii)
There shall be no exterior display, no exterior storage of materials, and no
other exterior indication of the home occupation or variation of the residential
character of the principal or accessory building except as otherwise provided
for herein;
iv)
A home occupation shall not cause the generation of undue traffic and
congestion in the neighborhood;
v)
A home occupation shall be carried on entirely within the dwelling unit or
within an accessory building located on the same site as the principal building
to which it is accessory;
vi)
Not more than six hundred (600) square feet of floor area shall be devoted to
a home occupation in any dwelling unit or its accessory buildings located on
the same site as the principal building thereto, or thirty percent (30%) of the
total floor area of the dwelling, whichever is the lesser;
100
(a)
Notwithstanding the maximum floor area limitations outlined in clause
(vii) above, in the case of a home occupation involving the
establishment or expansion of a bed and breakfast or boarding or
lodging use, a maximum of four (4) suites per site shall be allowed;
i)
One business sign, either freestanding or affixed to the wall of
the principal or accessory building in which the home
occupation is carried out shall be allowed and shall have a
maximum sign surface area as follows:
ii)
In all agricultural zones - 32 square feet
iii)
In all other zones where home based occupations are allowed
as permitted accessory uses - 16 square feet.
vii)
Where a home occupation is proposed adjacent to a provincial trunk highway
and will be utilizing an existing access onto the provincial trunk highway, the
proponent will be responsible for obtaining a required change in access use
permit (i.e. joint use permit) from the Highway Traffic Board.
viii)
It shall be the responsibility of the proponent proposing to establish or expand
a home occupation to investigate the need to obtain a Development Permit
and/or Building Permit from the Development Officer prior to the
commencement of the development.
ix)
A home occupation shall be prohibited in all "CG" - Commercial General
Zones and "MG" Industrial General Zones;
Livestock Operations - General Provisions
6.2
The keeping of livestock is allowed in areas of the Municipality zoned "AG" Agricultural
General and "AL" Agricultural Limited and, depending on a livestock operation's size,
location, and situation, will be considered as either a permitted use or as a conditional use
under this By-law.
a) All existing lawfully established livestock operations existing on the date of adoption of
this By-law that have a capacity of up to 230 (AU) animal units (cumulative across
species) that are located in the "AG" - Agricultural General Zone and/or "AL"
Agricultural Limited Zone shall be treated as permitted uses.
b) All existing lawfully established livestock operations existing on the date of adoption of
this By-law that have a capacity of 231 (AU) animal units or more (cumulative across
species) that are located in the "AG" - Agricultural General Zone are deemed to be
an approved conditional use, and may be replaced if they are removed or destroyed,
subject to the issuance of a Development Permit. Where such existing operations are
proposed to be enlarged or expanded however, the enlargement or expansion shall be
subject to satisfying all of the requirements of this By-law and the requirements
pertaining to a conditional use as set forth in the Planning Act. If a conditional use
permit and any required variations are approved by Council for a newly siting or
expanding livestock operation, the proponent will be required to obtain a Development
101
Permit from the Development Officer/Building Official of the Municipality prior to the
commencement of construction.
c)
All existing livestock operations in the "AG" Agriculture General Zone and "AL"
Agriculture Limited Zone, single residences (not associated with a livestock operation)
and designated areas that do not meet the 1) Table 6-1: Minimum Setback Distances
From Property Lines requirements and/or 2) Table 6-3: Minimum Separation
Distances For Siting Livestock Operations as set forth in PART 6 herein, shall be
deemed to possess a variation order for their current mutual separation distances as
they existed on the date of adoption of this By-law.
d) In the "AG" - Agricultural General Zone and "AL" - Agriculture Restricted Zone, a
conditional use order or variation of a requirement for siting and development of a
livestock operation or for a farm or non-farm dwelling site or a designated area,
approved under the previous zoning by-law will continue to be in full force and effect.
e) In the "AG" - Agriculture General Zone and "AL" - Agricultural Limited Zone, where
two or more existing or proposed livestock operations involving the production of the
same species of livestock are either:
i)
located within ½ mile (800m) of one another and are owned by the same
individual, corporation, partnership or other entity, or
ii)
located within ½ mile (800m) of one another and share a common manure
storage facility (regardless of ownership)
they are deemed to be a single livestock operation, and the total number of existing
or proposed animal units in each operation shall be added together for the purposes
of interpreting the requirements of this by-law.
f)
Municipal approval of all newly siting or expanding livestock operations 300 animal units
or more in size (cumulative across species) shall be subject to a technical review of the
proposal by a Provincial Technical Review Committee. The Committee's report must
be completed and be provided to the Municipality a minimum of 30 days prior to Council
scheduling, providing notice in accordance with the requirements of the Planning Act
and holding the required Conditional Use Public Hearing on a proposed newly siting or
expanding livestock operation that requires conditional approval.
g) The Planning Act further requires that no development or expansion of newly siting or
expanding livestock operations shall take place until all required local and provincial
approvals, permits, and licenses have been obtained for all livestock operations 300
(AU) or more animal units (cumulative across species) in size.
h) The Planning Act further stipulates that Council approval of all livestock operations
requiring conditional approval shall NOT impose conditions respecting the storage,
application, transport, or use of manure from a livestock operation. Council may
however include conditions of approval including the following:
i)
conditions to ensure conformity with the applicable provisions of the Killarney-
Turtle Mountain Development Plan By-law, this zoning by-law and any secondary
plan in effect;
102
ii)
conditions that implement recommendations of the Provincial Technical Review
Committee; and
iii)
Conditions intended to reduce odours from the livestock operation (i.e. manure
storage facility covers and/or shelterbelts).
i)
Additionally, all livestock operations as defined in the Planning Act regardless of their
size must also be in compliance with all applicable provincial regulations. Manure
storage facilities and spreading of manure are subject to provincial regulations including
the requirement for all pig-based livestock operations (regardless of their size) and all
other livestock operations greater than 300AU animal units (cumulative across species)
to file an annual manure management plan. Livestock operations using large volumes
of water (i.e., 25,000 litres or more per day) also require approval under provincial
regulations.
j)
No newly siting or expanding livestock operation or part thereof shall be established or
expanded within a distance of 328 feet of the ordinary high water mark of any surface
watercourse, sinkhole, spring or well.
k)
The facilities of all newly siting or expanding livestock operations (i.e., manure storage
facilities, and animal housing facilities shall be setback from the property lines of the
livestock operation in accordance with the requirements of Table 6-1 of this PART
(below).
TABLE 6-1: MINIMUM SETBACK DISTANCES FROM PROPERTY LINES
Type of Livestock Facility
Minimum Setback Distance from
any Property Boundary (Feet)
Manure Storage Facilities
328
Animal Housing Facilities
164
NOTE: Where a parcel of land containing a livestock operation is being subdivided, all newly created
parcels shall be of such a size and configuration so as to maintain a minimum 100 meter (328 feet)
separation between any existing or proposed livestock confinement areas and manure storage
facilities and all newly created property lines.
l)
For newly siting or expanding livestock operations located in the "AG" - Agriculture
General Zone and "AL" - Agriculture Limited Zone requirements for measuring the
Minimum Separation Distances For Siting Livestock Operations as provided for in
Table 6-3: and Table 6.4 respectively of PART 6 herein, shall be measured from the
closest point of the facilities of a livestock operation to the adjacent single residence
and/or designated area, as circumstances so require.
m) For the purposes of determining the size of a given livestock operation, the system of
"animal units" as adopted by regulation by the Province of Manitoba shall be used. The
conversion factors for animal units (AU's) are provided for general reference in TABLE
6-2: Animal Unit Conversion Factors of this PART (below), and may be altered from
time to time by provincial authorities, without requiring an amendment to this By-law.
103
n) In the "AG" - Agriculture General Zone and "AL" - Agriculture Limited Zone, all
newly siting or expanding livestock operations shall have access to (either by direct
ownership or lease) and use of sufficient lands to accept the application of all of the
livestock manure generated by the operation in a sustainable manner on an annual
basis in accordance with provincial regulations.
o) In the "AG" - Agriculture General Zone and "AL" - Agriculture Limited Zone, all
newly siting or expanding livestock operations should not be located on soils determined
by detailed soil survey acceptable to the Province, with a scale of 1:50,000 or better, to
have an agricultural capability of Class 6 or 7, or unimproved organic soils as described
under the Canada Land Inventory. If detailed soil survey information is not available
for the area where a newly siting or expanding livestock operation is being proposed, the
applicant may be required to provide the Provincial Technical Review Committee a
detailed soils survey for the site at a scale of 1:50,000 or better. Where a proponent is
required to provide this detained soils information, it may be possible to demonstrate
that the soils are not Class 6, 7 or unimproved organic soils and may be able to support
a livestock operation.
p) Within all communities including Killarney, Ninga, Holmfield, Wakopa, Bannerman, Lena
Enterprise and Smith Hill, newly siting or expanding livestock operations are prohibited.
104
TABLE 6-2: ANIMAL UNIT CONVERSION FACTORS
Animal
Type
A.U. Produced by One
Livestock
Livestock
Producing One A.U.
Dairy
Milking Cows, including associated
livestock
2.000
0.5
Beef
Beef Cows, including associated
livestock
Backgrounder
Summer pasture/replacement heifers
Feeder cattle
1.250
0.500
0.625
0.769
0.8
2
1.6
1.3
Hogs
Sows, farrow to finish
Sows, farrow to weanling
Sows, farrow to nursery
Weanlings
Growers/finishers
Boars (artificial insemination
operations)
1.250
0.250
0.313
0.033
0.143
0.200
0.8
4.0
3.2
30
7
5
Chickens
Broilers
Roasters
Layers
Pullets
Broiler Breeder Pullets
Broiler Breeder Hens
0.0050
0.0100
0.0083
0.0033
0.0033
0.0100
200
100
120
300
300
100
Turkeys
Broilers
Heavy Toms
Heavy Hens
0.010
0.020
0.010
100
50
100
Horses
Mares, including associated livestock
1.333
0.75
Sheep
Ewes, including associated livestock
Feeder Lambs
0.200
0.063
5
16
The calculation of animal units for a species of livestock not mentioned in this Table is to be
determined by officials at Manitoba Department of Agriculture, Food and Rural Initiatives.
Note: To calculate the number of animal units (AU) of a particular species, multiply the AU produced by one
livestock by the number of animals. For example, for 200 animal beef cows including associated
livestock equals 1.25 x 200 = 250 AUs.
105
Livestock Operation Development in the "AG" Agricultural General Zone
6.3
The keeping of livestock within areas of the Municipality zoned "AG" Agriculture General
are subject to the following additional requirements:
a)
any existing livestock operation shall be allowed to expand as a permitted use up to
230 (AU) animal units in size (cumulative across species) subject to the issuance of a
Development Permit providing the livestock operation is developed in conformance
with the requirements of the Planning Act and all of the other provisions of this By-law;
b)
any newly siting or expanding livestock operation 231 (AU) animal units or greater in
size (cumulative across species) will be considered as a conditional use and may be
approved as such pursuant to the requirements of The Planning Act and PART 7 of
this By-law, including the requirement for a Technical Review Committee Report and a
required Public Hearing held by Council;
TABLE 6-3: MINIMUM SEPERATION DISTANCES FOR SITING LIVESTOCK
OPERATIONS IN THE "AG" AGRICULTURAL GENERAL ZONE
Size of
Livestock
Operation in
Animal Units
(AU)
Separation Distance in Meters
(Feet) From a "Single Residence" (*)
Separation Distance in Meters (Feet)
From a "Designated Area" (**)
To Earthen
Manure Storage
Facility
To Animal
Housing Facility
and Non-earthen
Manure Storage
Facility
To Earthen
Manure Storage
Facility
To Animal Housing
Facility and Non-
earthen Manure
Storage Facility
10-100
200
(656)
100
(328)
800
(2,625)
530
(1,739)
101-200
300
(984)
150
(492)
1200
(3,937)
800
(2,625)
201-300
400
(1,312)
200
(656)
1600
(5,249)
1070
(3,511)
301-400
450
(1,476)
225
(738)
1800
(5,906)
1200
(3,937)
401-800
500
(1,640)
250
(820)
2000
(6,561)
1330
(4,364)
801-1,600
600
(1,968)
300
(984)
2400
(7,874)
1600
(5,249)
1,601-3,200
700
(2,297)
350
(1,148)
2800
(9,186)
1870
(6,135)
3,201-6,400
800
(2,625)
400
(1,312)
3200
(10,499)
2130
(6,988)
6,401-12,800
900
(2,953)
450
(1,476)
3600
(11,811)
2400
(7,874)
>12,800
1000
(3,281)
500
(1,640)
4000
(13,123)
2670
(8,760)
(*)
A "Single Residence" does not include the residence of the owner and/or operator when the dwelling(s)
are located on the same parcel as the livestock operation.
(**)
A "Designated Area" means the following:
i)
Newly siting or expanding livestock operations in close proximity to the urban communities of
Killarney, Ninga and Holmfield are subject to the "designated area" mutual separation distances in
Table 6.3 of this PART
ii)
Newly siting or expanding livestock operations in close proximity to areas in the Municipality
adjacent to Killarney and Pelican Lakes that are designated "Seasonal Recreation Area are
subject to the "designated area" mutual separation distances in Table 6.3 of this PART.
106
Livestock Operation Development in the "AL" Agricultural Limited Zone
6.4
The keeping of livestock within areas of the Municipality zoned "AL" Agriculture Limited
are subject to the following additional requirements:
a)
Areas of the municipality zoned "AL" Agricultural Limited have been developed in
accordance the Killarney-Turtle Mountain Development Plan in particular, PART 3,
Policies 3.3.3.6 through to and including PART 3, Policy 3.3.3.9.of that document and
utilize the minimum mutual separation distances established in the Provincial Planning
Regulation as follows:
i)
For areas of the municipality zoned "AL" Agricultural Limited (i.e.,
approximately three (3) miles around the community of Killarney and
approximately one (1) mile around the LUD's of Ninga and Holmfield and the
"SR" Seasonal Recreation Areas adjacent to Killarney and Pelican Lakes)
the mutual separation distances applicable to "DESIGNATED AREAS" shall
apply as set forth in Table 6.4 of this PART.
ii)
For areas of the municipality zoned "AL" Agricultural Limited adjacent to the
"GD" General Development Zones comprising the historic communities of
Bannerman, Lena, Smith Hill and Wakopa, all "RR" - Rural Residential
Zones and single residences not associated with a livestock operation, the
mutual separation distances applicable to "SINGLE RESIDENCES" shall apply
as set forth in Table 6.4 of this PART.
b)
Livestock operation development in all areas zoned "AL" Agricultural Limited shall
be subject to the following additional limitations:
i)
existing livestock operations will be allowed to expand up to a maximum size of
230 (AU) animal units (cumulative across species) as a permitted use;
ii)
new livestock operations may be allowed but restricted to a maximum size of
230 (AU) animal units or less (cumulative across species) subject to conditional
use approval by Council in accordance with the requirements of PART 7 of this
by-law in accordance with the requirements of the Planning Act;
iii)
all new and/or or expanding livestock operations greater than 230 (AU) animal
units are prohibited.
107
TABLE6-4: MINIMUM SEPERATION DISTANCES FOR SITING LIVESTOCK
OPERATIONS IN THE "AL" AGRICULTURAL LIMITED ZONE
Size of
Livestock
Operation in
Animal Units
(AU)
Separation Distance in Meters
(Feet) From a "Single Residence" (*)
Separation Distance in Meters (Feet)
From a "Designated Area" (**)
To Earthen
Manure Storage
Facility
To Animal
Housing Facility
and Non-earthen
Manure Storage
Facility
To Earthen
Manure Storage
Facility
To Animal Housing
Facility and Non-
earthen Manure
Storage Facility
10-100
200
(656)
100
(328)
800
(2,625)
530
(1,739)
101-200
300
(984)
150
(492)
1200
(3,937)
800
(2,625)
201-230
400
(1,312)
200
(656)
1600
(5,249)
1070
(3,511)
NOTE: In the "AL" Zone, newly siting or expanding livestock operations greater than 230 (AU) animal units
(cumulative across species) are PROHIBITED.
(*)
A "Single Residence" does not include the residence of the owner and/or operator when the dwelling(s)
are located on the same parcel as the livestock operation.
(**)
A "Designated Area" means the following:
i)
Newly siting or expanding livestock operations in close proximity to the urban communities of
Killarney, Ninga and Holmfield are subject to the "designated area" mutual separation distances in
Table 6.4 of this PART
ii)
Newly siting or expanding livestock operations in close proximity to areas in the Municipality
adjacent to Killarney and Pelican Lakes that are designated "Seasonal Recreation Area are
subject to the "designated area" mutual separation distances in Table 6.4 of this PART.
108
Hazardous Materials Storage
6.5
Unless the specified distances below are varied by Council, no bulk farm chemical supply
warehouse, inland grain terminal, bulk fuel or fertilizer storage, or anhydrous ammonia
storage facility shall be located within:
(a)
2,640 feet of a building used for human habitation;
(b)
3,960 feet of a community with residential, commercial, or general development
zones, including existing hospitals, schools, and homes for the aged;
(c)
330 feet of a municipal road or provincial highway, water wells, surface water bodies
and source water protected areas.
(d)
Or utilize sites which are subject to flooding or contain sensitive lands with high water
tables or steep natural slopes.
Mobile Homes
6.6
In those zoning districts in Killarney-Turtle Mountain Municipality where they may be
developed, mobile home units must conform to CAN/CSA-Z240 MH Series and have CSA
registration numbers to be eligible for a Building Permit in accordance with the local Building
By-law and Manitoba Building Code. Park model units must similarly conform to the
applicable CSA standards to be eligible for a Building Permit.
(a)
Should the mobile home or park model unit not have a registration number or
demonstratable CSA Approval, there are requirements and costs for having the
Office of the Fire Commissioner undertake an inspection of the unit and issue an
approval form prior to the proponent applying for a Development Permit under this
By-law and a Building Permit under the Building By-law. Further information about
the requirements for determining unit conformity to noted CSA standards of
construction are available from the Building Inspector.
(b)
Mobile home or park model units located geographically outside the boundaries of
the Municipality, but proposed to be relocated to a site within the Municipality, will
need to be inspected by a qualified third party who shall, after undertaking a
thorough inspection of the unit, prepare and submit a report to the Building Inspector
on behalf of, and cost to, the proponent. That report will confirm or question
conformity to applicable CSA standards and identify any safety hazards that require
repair prior to occupancy. With a positive report on file, the Killarney and Area
Development Officer will then be in a position to consider a Development Permit
application under the Zoning By-law and the Building Inspector will be able to
consider issuing a Building Permit in accordance with the local building By-law and
provincial Building Code.
(c)
Those responsible for mobile home or park model units being transported into the
Municipality without the required local approvals, particularly those units which do not
conform to CSA construction standards or lack required provincial permits and/or
inspections, shall be issued a Contravention Order by the Building Inspector (in
109
accordance with Part 7 of this By-law) which will require removal of the offending unit
from the Municipality at their cost.
Mobile Home and RV Parks
6.7
"Parks" for mobile homes and recreational vehicles such as "park models" (see PART 9 of
this By-law for definitions) may be located on sites zoned "RS" and "RU" provided those
sites have been prepared for the long term parking of such homes and vehicles.
(a)
Council has adopted Zoning requirements which govern the design, construction,
and use of these types of "parks" and these standards are in addition to the
requirements of local Building By-laws and the Manitoba Building Code.
(b)
These "parks" will also be subject to Zoning requirements including:
i)
building pads of adequate size which are surfaced with gravel, asphalt, or
similar materials suitable for longer term use with the building or vehicle, and
adequate space for the parking of private vehicle(s) as well as the addition of
decks and small storage buildings,
ii)
internal private roadway for access to the site from the public road system
which is at least 30 feet in width, designed with surface water drainage, and
contains a travel surface suitable for all season use,
iii)
note that provincial subdivision regulations contain general requirements for all
types of roads, including internal private roads, and the individual municipality
may have adopted specific road construction standards,
iv)
site services may include individual or common electrical power supply which
meets Manitoba Hydro standards, individual or common water supply and/or
sewage disposal system which meets Manitoba regulations, telephone and TV
services, common washroom and laundry facilities, common storage areas for
recreational vehicles like boats and quads, as well as an on-site office and
storage buildings for the property manager,
v)
mobile home and park model units shall be located on the "park" so as to
adhere to the following minimum setbacks:
1.
20 feet from property boundaries
2.
20 feet between the main walls of adjacent units
3.
25 feet from any internal or public road.
(c)
The establishment of "parks" for mobile homes and recreational vehicles will need
conditional use approval by Council, while individual homes and vehicles to be
located within the "park" will need approval by Development Permit which can be
issued by the Development Officer. Such approvals will require a detailed site plan
which includes the location of the site boundaries, building pads, accessory
110
buildings, internal roads, vehicle parking, and systems supplying electrical power,
water supply, and sewage disposal.
111
PART 7: ADMINISTRATION
Administration and Enforcement Responsibilities
7.1
Killarney-Turtle Mountain Municipal Council shall be responsible for the administration and
enforcement of this By-law. Council may direct the Development Officer / Building Official
and/or municipal solicitor to proceed with enforcement pursuant to Part 12 of the Planning
Act. Costs associated with the administration and enforcement of this by-law shall be borne
by the Municipality. Accordingly, the Development Officer / Building Official will seek the
approval of Council prior to proceeding with an enforcement procedure which may require
extra costs for the use of the municipal solicitor and the Manitoba court system to remedy a
contravention of this Zoning By-law.
Development Permits
7.2
A development permit is required for most types of development including the following:
(a)
The erection, construction, enlargement, structural alteration or placing of a building
or structure;
(b)
The establishment of a use of land or a building or structure;
(c)
The change of a use of land or a building or structure from the existing use to a
permitted or conditional use;
(d)
The alteration or enlargement of an approved permitted or conditional use
(e)
Farm buildings including bins, granaries, and machine sheds which are less than
6,459 square feet (600 sq/m) in floor area.
(f)
Larger farm buildings over 6,459 sq. Ft (600 sq/m) require approval by Development
Permit and may require a Building Permit depending on the intended use.
(g)
Farm dwellings require both a Development Permit under this By-law and Building
Permit under the municipal Building By-law.
7.3
Every owner shall be required to obtain a Development Permit prior to the commencement
of development, including the commencement of construction or relocation of any building or
structure, except as provided in Section 7.5 (below).
7.4
The issuance of a Development Permit in respect of a building or structure does not affect
the obligation of the proponent to obtain a Building Permit or other permit where they are
required under the Municipal Building By-law for such a building or structure, nor does it
relieve the owner from the responsibility of obtaining any other local, provincial or federal
permit or approval that may be required by any other administrative body, including business
licences, environmental licenses, highway access and structures approvals, and similar
approvals.
112
7.5
Notwithstanding Section 7.2 of this PART, a Development Permit is NOT required for the
following:
(a)
The maintenance, replacement or restoration of building components and finishes,
provided that the size of the building or structure is not materially increased, or the
structural load carrying capacity of any component is not reduced.
(b)
The erection, construction, enlargement, structural alteration or placing of the
following as accessory structures:
(i)
Some urban area fences and most rural area fences;
(ii)
Signs (not including advertising signs in excess of 50 sq. ft. in area);
(iii)
Lighting;
(iv)
Flagpoles;
(v)
Small sheds and buildings for the storage of domestic equipment which are
less than 200 square feet in floor area.
(vi)
Aerials, antennas, dishes, towers, or lines for television, radio, satellite, or
communication services;
(vii)
Garden houses or children's playhouses;
(viii)
Water supply wells and onsite wastewater management systems which are
subject to provincial approval;
(ix)
Unenclosed patios; and
(x)
Temporary signs and notices, including real estate signs.
7.6
Despite not requiring a Development Permit, all things listed in preceding Section shall be
subject to the applicable zoning district requirements in this By-law.
7.7
An application for a Development Permit shall be made by the owner or owners of the site in
question, or by a person authorized in writing by them.
7.8
An application for a Development Permit shall be accompanied by plans drawn to scale
showing the following:
(a)
The shape and dimensions of the site to be used or built on;
(b)
The location and dimensions of existing buildings and structures;
(c)
The location and dimensions of the proposed building, structure, enlargement or
alteration, including separation distances from site boundaries;
(d)
The use or uses of each existing and proposed building and structure, or of the land,
and the area to be occupied by each use;
113
(e)
The location of vehicular access and utility connections; and
(f)
The location of any proposed water wells or on-site sewage disposal systems.
and shall include any other information required by the Development Officer /Building Official
to determine compliance with this By-law.
7.9
An application for a Development Permit shall be accompanied by the fee prescribed by
Council.
7.10
Despite apparent compliance with this By-law, the Development Officer / Building Official
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 Municipality's Building
By-law or with any other law. Any such refusal may be subject to a review as provided
under Sections 8.6 and 8.7 of PART 8 of this By-law.
7.11
No person shall use or occupy any land, building or structure, or erect, construct, enlarge,
alter or place any building or structure, except in accordance with an approved development
permit (where required), and with the requirements of this By-law.
7.12
All proposed development shall be in developed in accordance with the application and
drawings submitted to and approved by the Development Officer / Building Official. No work
shall vary from the approved application and drawings without the prior written authorization
of the Development Officer / Building Official, and the owner shall ensure that all
development is completed in accordance with the approved Development Permit.
7.13
The Development Officer / Building Official may revoke a Development Permit where:
a)
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 law; or
b)
Where the Development Permit was issued in error.
Development Officer
7.14
The Development Officer / Building Inspector shall be the person appointed by Council to
provide By-law administrative and inspection services for development within the boundaries
of Killarney-Turtle Mountain Municipality, or for other municipalities under agreement with
Council for the same type of services.
7.15
The Development Officer / Building Official, on behalf of Council, shall issue Development
Permits and otherwise administer the provisions of this By-law and requirements of The
Planning Act, where applicable, and this person may also be appointed as the Building
Inspector to be responsible for issuing Building Permits and doing building inspections under
the local Municipal Building By-law, in accordance with provincial legislation and Building
Codes.
114
7.16
The Development Officer / Building Official shall, as directed by Council, exercise the powers
of remedy and enforcement as set out in Part 8 of this By-law.
7.17
The Development Officer / Building Official is authorized to grant or refuse, in his or her
discretion, a minor variation not to exceed ten (10) percent of the minimum stated
requirements of this By-law in accordance with the provisions of the Planning Act regarding
minor variances.
7.18
For unconventional or land-locked parcels, the Development Officer / Building Official is
authorized to determine which of the required yards are front, side, or rear yards for the
purposes of issuing Development Permits; the Development Officer / Building Official will
take note of the configuration of existing buildings on adjoining parcels to aid in the decision
about which is the front yard.
Zoning By-law Amendments
7.19
An application for an amendment to this By-law, including a change to the text or maps, shall
be made to the Development Officer / Building Official by the owner or owners of the land in
question, or by a person authorized in writing by them.
7.20
An application for a map amendment (i.e. re-zoning) 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 / Building
Official to determine compliance with this By-law.
7.21
An application for an amendment shall be accompanied by the fee prescribed by Council.
7.22
Upon receipt of a completed application, Council will consider the application for either a text
or map amendment and may consult with a land-use planner or branches of the provincial
government which can supply advice about the proposed changes to the Zoning By-law.
7.23
Following such consultation, review and report (if any) as Council deems necessary, the
application shall be considered by Council, which shall decide whether or not to start the
procedures for enactment of an amendment and, as provided in the Planning Act, may do so
only if the proposed amendment can be considered to be generally consistent with the intent
and policies of the Killarney - Turtle Mountain Development Plan. Appeals of a Council
decision on any zoning by-law amendment will be to the Manitoba Municipal Board.
115
Variances & Conditional Uses
7.24
An application for a variation or approval of a conditional use shall be made to the
Development Officer / Building Official by the owner or owners of the site, or by a person
authorized in writing by them.
7.25
An application for a variation or approval of a conditional use shall be accompanied by the
plans and information described in Section 7.8 of this PART, and in the case of a livestock
production operation, by the information described in PART 6 of this By-law.
7.26
An application for a variation or a conditional use shall be accompanied by the fee
prescribed by Council.
7.27
Where an application for a variation or conditional use has been submitted, a Public Hearing
shall be held by Council, to receive representations from any person with respect to the
proposal, and notice of the Public Hearing shall be given as required by The Planning Act.
7.28
On receipt of an application for a variation or approval of a conditional use in proper form, the
Council may, prior to the hearing date prescribed under The Planning Act, refer the
application to Manitoba Municipal Government or any other provincial department or
authority for their review and comment. For example, notice of any development, proposed
to be located adjacent to or near the provincial highway system, should be given to the
provincial department having jurisdiction for review and comment prior to development.
7.29
In accordance with provisions of The Planning Act, 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 Planning Act, and issue a Variation or Conditional Use
Order as may be necessary.
7.30
Council may subsequently revoke any conditional use approval as a consequence of any
violation of conditions specified at the time of approval.
7.31
In spite of receiving approval from Council of any required Variation Order or Conditional
Use Order, proponents of any development may also be required to obtain a Development
Permit and/or Building Permit from the Municipality's Development Officer / Building Official
as set forth in Section(s) 7.2 through 7.18 of this PART.
Subdivision of Land
7.32
The subdivision process enabled by The Planning Act normally results in the creation of a
new title which is guaranteed by the Province of Manitoba after that title is registered in the
applicable Manitoba Land Titles Office.
7.33
An application for subdivision requires the approval of Council as part of the legislated
process and Council may grant its approval only when that application generally conforms to
the policies of the Killarney - Turtle Mountain Development Plan By-law and the parcel
requirements established by this Zoning By-law.
7.34
Any application for subdivision must also be approved the Approving Authority under
provincial legislation.
116
7.35
Subdivision applications which propose to reconfigure the boundaries of existing lots or
parcels are allowed and, like consolidations, are eligible for a shortened approval process.
Subdivision of Agricultural Land
7.36
Further to provisions found elsewhere in this By-law[K39] and the corresponding
Development Plan, the subdivision of agricultural land for agricultural purposes may be
approved by Council on a case-by-case basis provided that:
(i)
The proposed parcel size is appropriate for the intended use in an agricultural area
and, where necessary, a Variation Order is issued to recognize a parcel size less
than the minimum size required in the applicable Zone,
(ii)
Any proposed agricultural-related use or activities (including apiaries, greenhouses,
market gardens, plant nurseries, or the keeping of animals or small numbers of
livestock) are considered reasonable and acceptable in the rural areas where
sustainable agriculture is a primary consideration.
(iii)
A small holding is deemed appropriate in the rural area and not detrimental to
neighbouring agricultural uses,
(iv)
Any pre-existing or proposed dwellings on agricultural parcels or small holdings are
deemed not to present any negative effects on nearby agricultural or livestock
operations
Fee Schedule
7.37
Council shall establish a fee schedule for Development Permits and Building Permits, zoning
amendments, conditional use orders, variation orders, non-conforming use certificates and
zoning memorandums.
7.38
All fees in connection with the administration of this By-law shall be payable to Killarney-
Turtle Mountain Municipality and shall be collected by the Development Officer / Building
Official at the time an application is made for an amendment, conditional use order, variation
order, non-conforming use certificate or zoning memorandum, as the case may be.
117
PART 8: ENFORCEMENT
Inspections
8.1
The Development Officer / Building Official may, after giving reasonable notice to the owner
or occupier of land or a building or other structure to be entered:
(a)
Enter the land, building or structure at any reasonable time for the purpose of
inspection, enforcement and or action authorized by this By-law or The Planning Act.
(b)
Request that anything be produced to assist in inspection, remedy, enforcement or
authorized action; and
(c)
Make copies of anything related to the inspection, remedy, enforcement or
authorized action.
8.2
The Development Officer / Building Official may display or produce on request identification
showing his or her official capacity.
8.3
In an emergency or in extraordinary circumstances, the Development Officer / need not give
reasonable notice or enter at a reasonable time and may do the things referred to in Section
8.1 (a) and (c) above without the consent of the owner or occupant.
Contravention Order
8.4
If the Development Officer / Building Official 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 /
Building Official, the circumstances so require.
8.5
The order may:
(a)
Direct a person to stop doing something, or to change the way in which the person is
doing it;
(b)
Direct a person to take any action necessary to remedy the contravention, including
the removal or demolition of a building or structure (or part of one) that has been
constructed, erected or placed in contravention and, if necessary to prevent a
reoccurrence of the contravention;
(c)
State a time period within which the person must comply with the directions; and
(d)
State that if the person does not comply with the directions within the time period
stated, Council will take the action or measures at the expense of the person directed
or registered owner.
118
Review by Council
8.6
A person who receives an Order under Section 8.4 of this PART, or who is refused a permit
under Section 7.9 of PART 7, may request the Municipality of Killarney - Turtle Mountain
Council to review the matter, by giving written notice within fourteen (14) days after the date
on the order issued under Section 8.4 of this PART or decision issued under Section 7.10
of PART 7 of this By-law.
8.7
After giving the person a reasonable opportunity to be heard, Council may vary, substitute or
cancel the Order or decision as determined by Council in accordance with the policies and
intent of the Killarney - Turtle Mountain Development Plan By-law and the requirements of
this by-law.
Remedying Contraventions
8.8
If a person does not comply with an Order to remedy a contravention, Council may take any
action or measure that is reasonable to remedy the contravention. Council will seek advice
from their municipal solicitor about such actions under The Planning Act.
8.9
Council may apply to the Court of Queen's Bench for an injunction or other Order to enforce
requirements of this zoning By-law or to restrain a contravention of this by-law.
8.10
The Planning Act defines offences and provides for penalties which can be invoked by the
Court, including fines, imprisonment, or both.
8.11
A prosecution under The Planning Act must be commenced no later than two years after the
day the alleged offence was committed.
119
PART 9: INTERPRETATION
Definitions
9.1
Terms not defined in this By-law which are defined in The Planning Act, have the meaning
provided in that Act, or otherwise, as defined in a standard dictionary.
9.2
Where the following terms appear in this By-law, they have the meaning provided as follows:
Accessory - where used to describe a use, building or structure, means that the use,
building or structure is naturally and normally incidental, subordinate in purpose or area, or
both, and exclusively devoted to the principal use, building or structure to which it is
accessory.
Accessory Shipping Container - means a pre-fabricated structure which is designed for
the shipping of goods via land, sea, rail or road and may include trailer bodies or other
similar structures (including motor vehicle bodies) which have the wheels removed. An
accessory shipping container shall naturally and normally be incidental, subordinate in
purpose or area, or both, and shall be located on the same site as the principal use to which
it is accessory.
Accessory Tent-like Structure - means a pre-manufactured or constructed structure or
building that consists of a main frame covered by a canvas type material. An accessory
tent-like structure shall naturally and normally be incidental, subordinate in purpose or area,
or both, and shall be located on the same site as the principal use to which it is accessory.
Aircraft Landing Area - includes all runways, open spaces, buildings and structures used
in connection with the landing or take-off of aircraft.
Agricultural Uses:
Agricultural Activities (General) - means a use of land for agricultural purposes, including
production of field crops, apiculture, floriculture, horticulture and the necessary accessory
uses for packing, storing or treating the produce, but does not include the following:
a)
livestock operations, agricultural activities (specialized);
b)
storage, handling or processing of agricultural products for the general public in return
for remuneration, or;
c)
sales or servicing (in return for remuneration) of agricultural equipment.
Agricultural Activities (Specialized) - means agricultural activities such as apiculture,
floriculture, horticulture, greenhouses, nurseries, market gardening and other activities of a
like nature which do not require large acreages of land, and which in the opinion of Council,
provide a major component of household income.
Animal Unit - means the number of animals of a particular category of livestock that will
excrete 73 kilograms of total nitrogen in a 12 month period as defined in the Provincial
Planning Regulation - Manitoba Reg. 81/2011, as amended.
120
Building - means the results of construction activities including:
(a)
A building or structure used or to be used for residential, commercial, industrial or
agricultural purposes, or a combination of all or any of those purposes, or
(b)
A prefabricated building or structure of the kind described in clause (a), or
(c)
A mobile home or modular home.
Building, Height of - means the vertical distance measured from grade to the highest point
of the roof surface of a flat roof, to the deck of a mansard roof, and to the average height
level between eaves and ridge for a gable, hip or gambrel roof.
Bulk - means the size of buildings or structures (based on floor area and height), the site
area and site width upon which a use, building or structure is located, the location of exterior
walls of a building in relation to site lines, and all open spaces required along site lines.
Club - refers to a building owned or leased by a non-profit corporation or association, the
use of which is restricted to members and their guests.
Council - means the Council of Killarney-Turtle Mountain Municipality.
Daycare facility - means the use of premises for the care during the day of more than 8
children not residing on the premises.
Development Officer - means a person duly appointed by Council who is responsible for
those duties as provided for herein.
Drive-Through Facility - means a facility designed to provide goods or services to persons
in standing (as opposed to parked) motor vehicles, including but not limited to a drive-
through restaurant or bank.
121
Dwellings:
-
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.
-
Single-Family Dwelling - means a detached building containing one dwelling unit
used for residential purposes.
-
Two-Family Dwelling - means a detached or semi-detached building containing
two dwelling units where residents have exclusive occupancy of a dwelling unit,
including a duplex.
-
Multiple-Family Dwelling - means a building containing three (3) or more dwelling
units, with each unit designed for and used by residents having exclusive occupancy
of a dwelling unit, including a three-plex or four-plex.
-
Manufactured Homes (aka) 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 "mini home"," modular home", or "factory
built home" are sometimes applied to the sale of these manufactured units.
-
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.
-
Mobile Home Park - means an area of land upon which mobile home spaces are
rented to individual owners of mobile homes, and which has been approved by
Council.
-
Mobile Home Site - means a site in a mobile home subdivision which, may be
purchased by an individual for the placement of a mobile home.
-
Mobile Home Space - means a space in a mobile home park, which may be rented
by an individual for the placement of a mobile home.
-
Mobile Home Subdivision - means an area of land which is subdivided into mobile
home sites which may be sold for the placement of mobile homes.
-
Recreational Vehicle - means a portable dwelling unit built to another CAN/CSA
Z240 standard which is designed for temporary residential occupancy and typically
used seasonally in Manitoba. A recreational vehicle may be licensed and insured for
122
travel on provincial roadways, contain holding tanks for water, sewage, and propane;
the vehicle list includes travel trailers, motor homes, 5th wheel trailers, and campers.
Other recreational vehicles such as "park models" are not eligible for travel licensing,
designed without water or sewage holding tanks, need hook-ups to electrical power,
water, and sewer services, but are constructed to be moved to a prepared site and
used as a dwelling for extended periods of time over a number of years.
Enlargement - means an addition to the floor area of an existing building or structure, or an
increase in that portion of land occupied by an existing use.
Farm Dwelling - means a single-family dwelling, mobile or modular home associated with
and located on the same parcel as an agricultural operation which is considered as the
principal land use. A farm dwelling is typically treated as an accessory use and is often
located in the farmyard with accessory buildings along with a vegetable garden.
Farm Building - means any building or structure used primarily for agricultural activities in
actual farming operations, but does not include a farm dwelling.
Farmstead - means the agricultural buildings and adjacent service areas providing the
operational space for a farm, including animal barns, equipment or grain storage, repair
shops, and sheds. A farmstead generally includes the farmyard (which contains the living
space with a farm dwelling and smaller accessory buildings) and, in Manitoba, most
farmsteads are protected from the prairie winds by a tree shelterbelt.
Feedlot - means an outdoor area that is fenced to confine livestock solely for the purpose of
growing or finishing, but does not include:
a) A grazing area; or
b) A seasonal feeding area.
Grazing Area - means lands used for pasture or crop production on which livestock may be
kept year-round or seasonally, and are fed primarily by direct consumption of plant material
grown on the area, and where manure produced by those livestock does not accumulate
such that mechanical removal is required.
Home-Based Business Activity Types:
a)
Home Industry - means a small-scale manufacturing, repair or trade activity such as
but not limited to a welding shop, plumber, electrician, carpentry or cabinet maker,
auto repair mechanic or trucking operation and similar uses which are carried on in
or from a dwelling or its accessory building for consideration and which is located on
the same site and which is clearly secondary and incidental to the principal use of the
property.
b)
Home Occupation - means an occupation, trade, profession or craft such as but not
limited to a hair salon, bed and breakfast operation, tea room, home day care
operator, lawyer or accountant and similar uses which are carried on in or from a
dwelling unit or its accessory building for consideration and which is clearly incidental
or accessory to the principal use of the property.
123
Hundred Year Flood - means a flood that can be expected to occur, on average, once in
100 years, or specifically a flood that has a one percent chance of being equalled or
exceeded in any year.
Kennel - means premises upon which more than 5 dogs or 10 cats, not including animals
less than 4 months of age, are boarded, bred, trained or cared for in return for remuneration
or are kept for the purpose of sale.
Livestock - means animals not kept exclusively for pets including cattle, swine, horses,
poultry, sheep, rabbits, and more exotic species (ex. emu, elk, bison, etc.)
Livestock Operation - means a permanent or semi-permanent facility or non-grazing area
where at least 10 animal units of livestock are kept or raised either indoors or outdoors, and
includes all associated manure collection facilities, but does not include
a)
an auction mart,
b)
an agricultural fair, or
c)
a livestock sales yard where livestock are kept no longer than three days.
Manure storage facility types:
a)
Earthen Manure Storage Facility means a structure built primarily from soil,
constructed by excavating or forming dikes, and used for storing or retaining
livestock manure, but does not include
1.
a collection basin;
2.
a field storage site; or
3.
a temporary composting site for manure.
b)
Non-Earthen Manure Storage Facility means a non-earthen structure, molehill,
tank or other non-earthen facility for storing or treating manure, but does not include
a gutter or concrete pit used to contain liquid or semi-solid manure for less than 30
days for the purpose of moving the manure to a manure storage facility.
Pole Type Structure / Building - means a building or structure typically constructed with its
main frame and foundation consisting of laminated, sawn or natural (round) wood poles.
Public Utility - means an organization, system, works, building, plant equipment or service
incorporated to provide services to the public including water supply, sewage collection,
electricity, telecommunication, gas or similar services to properties by means of pipes, lines
and other equipment located on or under public roads and other rights-of-way at approved
rates to residents of the Killarney-Turtle Mountain Municipality.
Residential Care Facility - means a building in which residential accommodation, plus
supervision, care or treatment, is provided by a person or persons employed for that
purpose.
Sign - means any writing (including letters, words, or numerals), pictorial representation
(including illustration or decoration), emblem or logo (including device, symbol or
trademark), banner, pennant or any other figure of similar character (excluding display
windows) which:
124
(a)
Is a structure or any part thereof, or is attached to, painted on, or in any other
manner represented on or in a building or other structure;
(b)
Is used to identify, direct attention to, or advertise;
(c)
Is visible from outside a building, but shall not include show windows as such; and
(d)
May include the following types:
(i)
Advertising Sign
means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered elsewhere than upon the same
zoning site where the sign is maintained, including a billboard sign;
(ii)
Bulletin Board Sign
means a sign of permanent character, but with movable letters, words or
numerals indicating the names of persons associated with, or events
conducted upon, or products or services offered upon the premises upon
which such sign is maintained, e.g., school, church, community centre, etc.;
(iii)
Business sign
means an accessory sign directing attention to a business, commodity,
service or entertainment conducted, sold, or offered upon the same zoning
site where the sign is maintained;
(iv)
Identification Sign
means an accessory sign that identifies the business, owner, or resident
and/or the street address of the zoning site on which it is located and which
sets forth no other advertisement;
(v)
Mobile Sign
means any structure designed for transport, which is placed or maintained at
one (1) particular location for the express purpose and intent of promoting or
conveying an advertising message. The removal of the wheels from such a
sign does not change the inherent portability which was part of the design;
(vi)
Temporary Sign
means a sign identifying temporary activities including construction project
signs, real estate signs, political signs and advertising signs (includes mobile
signs) taking place on the same site or a different site on which the sign is
located.
Sign Surface Area - means the entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem, or any other material or colour
forming an integral part of the display; excluding the necessary supports or uprights on
which it is placed. In computing the total sign surface area in square feet, standard
mathematical formulas for known or common shapes will be used. In the case of irregular
shapes, straight lines drawn closest to the extremities of the shape will be used. Where a
sign has two (2) faces placed back to back and are at no point more than three (3) feet from
125
one another, the total sign surface area of the sign may be taken as the sign surface area of
one (1) face of the sign.
Site - means an area of land which:
(a)
Is occupied or intended to be occupied by a principal use or by a use of a building or
group of buildings, together with accessory buildings and structures as are provided
for herein, along with required yards;
(b)
Has frontage on a public street , or has any lawful means of access satisfactory to
Council, or as otherwise provided for in this By-law; and
(c)
Is of sufficient size to meet the minimum requirements of this By-law for a permitted
or conditional use in a zone where the use is located.
Site Area - means the computed area contained within the site lines.
Site, Corner - means a site situated at the intersection of two (2) streets.
Site Depth - means the horizontal distance between the centre points in the front and rear
site lines.
Site Lines:
(a)
Front Site Line - means
(i)
The boundary of a site along a public street or highway;
(ii)
For a corner site, the continuation of the front site line of the abutting interior
site.
(b)
Rear Site Line - means
(i)
A boundary of a site which is most nearly parallel to the front site line;
(ii)
Where the side site lines intersect, a line ten (10) feet in length within the site,
parallel to and at the maximum distance from the front site line.
126
Side Site Line - means any boundary of a site, which is not a front or rear site line.
Where it is not possible to determine site lines according to these definitions, the
Development Officer shall determine them.
Site Width - means the horizontal distance between the side site lines, measured at right
angles to the site depth at a point midway between the front and rear site lines, or at forty
(40) feet from the front site lines, whichever is less.
Street - means a public highway, road allowance, lane, way, or thoroughfare (or any part
thereof) which has a minimum right-of-way width of fifty (50) feet, and which provides the
principal means of access to abutting property.
127
Structure - means a thing constructed or erected with a fixed location on or below the
ground or attached to something with a fixed location, and includes but is not limited to
buildings, walls, fences, signs, billboards, light standards and antennas.
Surface Watercourse - means the channel in or bed on which surface water flows or
stands, whether continuously or intermittently, but does not include a dugout, reservoir,
intermittent slough, drainage ditch or intermittent stream that is completely surrounded by
private land controlled by the owner or operator of an agricultural operation and that has no
outflow going beyond the private land.
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.
Telecommunication Tower - means any guyed, monopole, or self-supported (lattice) tower
or structure, erected and/or proposed to support one (1) or more antennae intended for
transmitting and receiving forms of electronic communication, constructed and installed in
accordance with current engineering standards; includes towers that might commonly be
referred to as radio towers or satellite towers, but does not include aerials or parabolic dish
antennae.
Use - means any purpose for which a building, structure or site may be designed, arranged,
intended, maintained or occupied; or any activity, occupation, business, or operation carried
on, or intended to be carried on, in a building, structure or site.
Waterbody - means any body of flowing or standing water, whether naturally or artificially
created, and whether the flow or presence of water is continuous, intermittent or occurs only
during a flood, including but not limited to a lake, river, creek, stream, slough, marsh, swamp
and wetland, including ice on any of them.
Wind Energy Generating Operation - means one or more devices such as a wind charger,
windmill, or wind turbine that converts wind energy to electrical energy and that, singly or
collectively, produce electricity which is subsequently distributed on the provincial electrical
grid (Manitoba Hydro) for consumption on a commercial basis.
Yard - means an open area between the exterior wall of a building and the boundaries of
the site on which it is located.
Yard, Required - means the yard measured from a front, rear or side site line towards the
interior of the site within which no building or any part of a building may be located, except as
provided in this By-law.
128
129
APPENDIX "A" - ZONING MAPS
MAP 1:
Rural Areas - Killarney-Turtle Mountain
MAP 2:
Community of Killarney
MAP 3:
Community of Ninga
MAP 4:
Community of Holmfield
SEE MAP 4
SEE MAP 3
AG
AG
AG
AG
AG
AG
AG
SR
SR
NW- 18 -0 3- 18- W
NE -1 8- 03- 18 - W
NINGA
KILLARNEY
HOLMFIELD
SEE MAP 2
SMITH HILL
LENA
WAKOPA
BANNERMAN
United States of America
Rural Municipality of Prairie Lakes
Municipality of Cartwright-Roblin
Municipality of Boissevain-Morton
AL
AL
AL
AL
AL
AL
AL
AL
AL
AL
AL
PELICAN LAKE
WAKOPA
W.M.A.
& P.A.
Municipality of Killarney-Turtle Mountain
0
1
2
Miles
Zoning Map 1
Date: May, 2016
0
1
2
3
Kilometers
Appendix "A"
To
By-law No. 2-2016
Indigenous and Municipal Relations
Community & Regional Planning
±
Legend:
Agricultural General Zone
AG
AL
Agricultural Limited Zone
SR
Seasonal Recreation Zone
Limits of Zoning Maps - 2,3,4
Killarney-Turtle Mountain Municipal Boundary
PLAN
No. 42094
PLAN
No. 42094
PLAN
No. 42094
1
GOVERNMENT
PT Plan 418
PT Plan 34
PLAN
28439
PLAN
2
1
418 W
PLAN
131 BO
PLAN
PUBLIC ROAD
2
1
31
30
29
Public Res erve
1
3
2
1
Pub lic Reserve
SUNSET
Pub lic W alk
Pub lic W alk
28
22
21
15
10
9
40422
PL AN
Pub lic Reserve
4
3
2
1
40604
PL AN
2
1
38244
PL AN
38244
PL AN
40379
PLAN
13
12
11
10
9
6
5
1
Pub lic Walk
Pub lic Reserve
LINKS
1
23998
PLAN
23998
PLAN
39166
PLAN
39166
PLAN
33937
PLAN
Pub lic Reserve
7
2
2
1
1
PLAN
241 BO
PLAN
A
PL AN
1
1
1
2
LAKESHORE
LAKESHORE PL.
LAKESHORE
COUNTRY
COUNTRY CLUB PL.
Public Walk
Public Walk
Public Walk
Pub lic Reserve
Pub lic Reserve
Pub lic Reserve
18
15
14
9
8
5
4
1
65
59
58
53
52
48
41
40
33
27
22
21
18
14
13
11
8
7
4
1
38
37
36
27
24
23
Pub lic Reserve
Pub lic R es e rv e
13
12
1
1
2
3
DRIVE
Pub lic Reserve
1
7
2
1
11
3
2
5
2
Pub lic Reserve
21872
PLAN
1
29075
PLAN
1
PLAN
411 3 0
PL A N
40981
PLA N
A
A
ROAD
PUBLIC
STATION GROUNDS
3
90
91
93
92
751 BO
PLAN
87
88
72
33
33A
40
41
32A
32
31
30
29
75
42
21A
21
22
23
24
25
16
13
17
12
18
11
19
10
20
9
20A
43
PT Plan 29 0
P.T.H. NO. 18
PT 3
PT 3
PT 2
Pcl B
Pcl A
46
45
1
21
PT 10
LAKE
PT 10
8
3
2
PT 3
2
1
32 9 B O
PL A N
FLETCHER
31647
PLAN
2
1
35829
PLAN
2
1
PT 2
36937
PLAN
2
1
PL AN
21902
C
B
A
36347
PL AN
1
754 BO
2376 BR
1
754 BO
PLAN
2
1
21771 BR
PLAN
2
1
38284
PLAN
2
2
PT 18
38989
3
2
1
40296
PL AN
X
P
J
H
E
B
A
PLAN
50428
2
1
PLAN
PLAN
PLAN
PT Plan 418
3
36097
PL AN
313 BO
PLAN
A
PT Block K
586 BO
PL AN
3
2
1
500 BO
PLAN
D
C
B
A
733 BO
PL AN
359 BO
Pub lic Walk
22538
PL AN
B
A
32088
PL AN
2
33767
PLAN
Pub lic Reserve
1
27098
PLAN
36473
PL AN
PT 1
1
50551
39860
PL AN
Pa rce l B
1
2
3
2
1
EMERALD
ELM
SPRUCE
87
86
85
84
83
82
81
80
78
77
75
74
ASH ST.
65
64
63
62
59
58
57
2
1
2549
PLA N
A
39359
PL AN
3
2
1
28445
PLAN
3
2
1
40643
PLAN
1
2438 BR
PL AN
2
1
PLAN
PT Plan 418
Plan 510
PT G
620 BO
PLAN
8
1
6
5
4
3
HAMMOND ST.
26751
PLAN
2
1
Pt. Parcel C
Pt. Parcel B
NORTH
GEATES
GEATES
AVENUE
AVENUE
AVENUE
STREET
FINLAY
STREET
SOUTH
STREET
NORQUAY
AVENUE
STREET
STREET
MOUNTAIN
HOSSACK
AVENUE
AVENUE
NORTH
23474
PLAN
1
PT 2
530 BO
PLAN
11
8
7
6
5
1
31773
PLAN
2
1
PT 1
89
2
1
PT C
PT 9
1
17
11
PT 8
PT 2
20
11
10
1
NORQUAY
MOUNTAIN
WHYTE ST.
23
13
12
1
28
15
14
1
HOSSACK
BROADWAY
WILLIAMS
CLARK
422 BO
PLAN
35
31
30
21
20
11
1
280 BO
PLAN
10
5
1
4
40
31
30
21
20
1
404 W
PLAN
3
2
40
21
20
11
10
1
30
21
20
11
10
1
715 BO
PLAN
3
2
1
McDONALD
POWELL
10
9
8
1
10
6
5
1
14
9
8
1
2
1
785 BO
PLAN
NEELIN
16
12
11
8
7
1
6
4
3
1
661 BO
PLAN
1
27187
PLAN
3
2
13
8
7
1
C
B
A
20
13
12
4
3
1
8
7
6
5
20
11
10
1
4
1
20
11
10
1
4
1
30
11
10
1
20
11
10
1
20
11
10
1
20
11
10
1
20
11
10
1
30
11
10
1
TUPPER
20
11
10
1
20
11
10
1
20
11
10
1
20
11
10
1
30
11
10
1
HAMILTON
KING
ROSSMORE
LAURIER
CLARK
WILLIAMS
20
11
10
1
15
6
5
1
1
6
5
1
35
34
284 BO
PLAN
284 BO
PLAN
PT 4
PT 3
PT 2
PT 1
PT 4
PT 3
PT 2
PT 1
39
38
37
36
15
6
5
1
6
4
3
1
294 BO
PLAN
4
3
2
PT 1
24908
PLAN
2
1
1
10
78 7 B O
PL A N
2
1
PT Block F
1
5
4
3
2
Public Walk
POPLAR
19
13
12
8
7
6
4
3
2
1
3
1
673 BO
PLAN
10
9
7
6
2
1
598 BO
PLAN
WELLS
Pub lic Reserve
13
7
1
1
471 BO
PLAN
8
1
564
PL AN
4
3
2
1
243 BO
PLAN
16
7
6
5
4
3
2
1
YOUNG
B
KING
A
30
27
26
23
22
19
18
15
14
13
12
11
8
7
1
284 BO
PLAN
294 BO
PLAN
4
3
10
8
7
1
PT 15
PT 14
PT 11
PT 10
PT 2
1
10
6
5
1
20
11
10
1
30
21
20
1
20
11
10
1
30
21
20
1
20
11
10
30
29
27
21
20
1
10
1
10
1
PT 28
PT 28
PT Plan 43 2
79
19
15
14
10
9
1
10
6
5
1
5
1
81
78
77
82
PT. BL K. 83
PT Block 83
PT 3
PT 2
1
8
6
5
1
36980
PLAN
2
1
33531
PLAN
26
25
24
23
22
21
20
19
18
17
16
15
14
13
12
11
10
9
8
7
6
5
4
3
2
1
Pt. Lot 3, Blk . 83, P l. 19
FLETCHER
PT Block E
393 BO
PLAN
2
1
348 BO
19 BO
PLAN
PL AN
2447 BR
PLAN
8
7
6
3
2
1
3
2
1
4
3
2
1
481 BO
PLAN
4
3
2
1
PT Plan 29 0
PT Plan 29 0
PT Plan 29 0
PT Plan 29 0
PT Plan 29 0
PT Plan 29 0
FINLAY
699 BO
PL AN
1
495 BO
PLAN
616 BO
PL AN
759 BO
PLAN
D
C
B
A
1
PL AN
356 BO
PL AN
400 BO
PL AN
PT Pcl 2
PT G
BAY
PT 2
ELLIS
5
1
3
1
26
25
24
23
22
21
20
19
16
15
14
Pub lic Walk
13
12
8
27
32
35
33
7
5
4
1
JOHNSTON
PL.
7
6
5
4
3
2
1
C
PT Block H
PL AN No. 49 1
42
41
38
36
34
33
1
31
30
3
2
27
24
1
2 2
20
9
5
4
3
2
1
PUBLIC ROAD
2
9
1
PT Plan 165
SE 1 /4 Sec. 3
PT SE 1 /4 Sec. 3
PT Plan 418
450 BO
PT SE 1 /4 Sec. 3
SOUTH
21282
PLA N
A
PT Plan 315
36911
B
PT P la n 5 3 9
PT Plan 539
573 BO
PL AN
A
3
1
733 BO
PLAN
3
2
1
690 BO
PLAN
1
PLAN
30159
PL AN
26160
PL AN
7
2
2
1
71
70
53
11
ST.
OAK
PINE ST.
26
21
BIRCH ST.
20
12
52
43
37
36
33
32
Pub lic Reserve
ERIN
13
9
8
1
Public Reserve
OAKDEN
31295
PL AN
7
1
347 BO
PL AN
B
A
487 BO
PL AN
A
499 BO
3
1
1
26
25
19
18
17
16
15
Public
Pu b li c W al k
Public Res erve
11
8
7
5
4
1
Public Walk
9
8
7
4
3
2
1
25452
PL AN
10
5
2
1
25452
PL AN
2
1
4
25
Pub lic
GALWAY
Pu b li c R e se r ve
Public Res erve
YOUNG
GALWAY
9
2
11
4
3
1
16
10
9
6
5
4
1
15
8
Pub lic
522 BO
PL AN
5
4
3
2
1
46253
PLAN
Parcel A
486 BO
PLAN
A
27420
PLAN
C
B
A
4
BEACH
HAWTHORNE DR.
Public Res erve
Pub lic
19
18
17
11
8
3
2
3
2
1
685 BO
PLAN
Pub lic Walk
WEST
HAMMOND ST.
Pub lic Reserve
Pub lic Reserve
Pu b li c W al k
Pu b li c W al k
Pu b li c W al k
21
17
16
14
9
8
3
2
1
20
16
15
11
10
6
5
1
17
9
1
PT NE 1/4 Se c. 3, Twp. 3, Rge 17 W.P.M.
35918
2
1
DRIVE
No.
STREET
AVENUE
AVENUE
AVENUE
No.
No.
530
AVENUE
PLAN
No.
78
426
PL AN
No.
STREET
No.
6
10
No.
RAILWAY
STREET
AVENUE
STREET
No.
AVENUE
AVENUE
BAY
No.
No.
PL AN
No.
2
3
PL AN
No.
530
No.
RAILWAY
STREET
No.
418W
No.
No.
No.
STREET
PLAN
No.
404
No.
No.
No.
PLAN No.
19 BO
80
80
19 BO
No.
PLAN
AVENUE
13
510W
510W
457
404
No.
404
No.
No.
PLAN
457
STREET
No.
PLAN
No.
47126
584
PL AN
No.
284
3
TUPPER
STREET
PLAN
No.
No.
No.
STREET
PLAN
No.
PLAN
PLAN
457
No.
No.
584
71
74
No.
No.
BROADWAY
No.
73
PLAN
No.
PLAN
No.
PLAN
No.
13
PLAN
No.
PLAN
No.
243 BO
STREET
PL AN
No.
273
STREET
No.
PLA N
No .
350
DRIVE
STREET
PLAN
No.
No.
PL AN
No.
788
No.
598
354
No.
PLAN
PLAN
No.
404
No.
No.
PLAN No. 14 0
PL AN 359W
PL AN
595
PLAN No.
40 0
2
PLAN
No.
356
PLAN
No.
595
No.
No.
No.
No.
PLAN
No.
595
DRIVE
AVENUE
1
No.
AVENUE
PL AN
No.
2523
S.S.
Reserve
Reserve
Pub lic
Reserve
PL AN
No.
551
Res er ve
STREET
BAY
BAY
PL AN
No.
485
No.
3
2
1
PLAN
S.S.
No.
2524
STREET
DRIVE
S.S
No.
733
PLAN
No.
371
ERIN DR.
DRIVE
SOUTH
LAKESHORE
No.
PLA N 261 68
PL AN
No.
484
No.
DRIVE
No.
No.
No.
Twp. 3, Rg e 17 W.P.M .
Twp. 3, Rg e 17 W.P.M .
PT SW 1/4 Sec. 3
Twp. 3, Rg e 17 W.P.M .
No. 499 BO
No.
No.
PL AN
OAKDEN
DRIVE
LAKESHORE
No.
DRIVE
DRIVE
1
DRIVE
DRIVE
CLUB
PLAN
No.
679
1
No.
Twp. 3, Rg e 17 W.P.M .
No.
PLAN
No.
716
PLAN
No.
581
GLEN
Pub lic Reserve
8
BAY
No.
No.
No.
No.
No.
No.
PLAN
No.
315
PLAN
No.
DRIVE
No.
PL AN
P.T.H.
No.
No.
315
3
No.
PLAN
No.
315
No.
No.
ROAD
ALLOWANCE
No.
No.
No.
No.
No.
No.
DRIVE
No.
WEST
RAILWAY
STREET
No.
RAILWAY
ROAD
No.
No.
No.
No.
PLAN
No.
PLAN
No.
No.
ROAD
R. O .W.
PLA N
2239 6
PLAN
2523
PLAN
Reserve
ROAD
P.T.H. NO. 18
P.T.H. NO. 18
OAK
POINT
40962
PLAN
No.
No.
46968
PLAN
1
2
1
2
No . 19
PLA N
PLAN
No.
19
1
2
PLAN
No.
35226
47039
PLAN
No.
R. O .W.
PLA N
2239 6
1
2
47283
PLA N
No.
1
2
3
4
1
6
7
8
48562
PL AN
No.
48479
PLAN
No.
11
10
9
8
7
6
5
2
STRE ET
LAURIE R
ROSS MORE
2
54095
PL AN
PL AN
52782
NO
Pa rce l A
Pa rce l C
22
21
26
19
10
36
9
1
45
STR EET
YOUNG
PLAN
52558
52558
PLAN
2
51165
PL AN
9
2
PL AN
54199
2
53665
PLAN
1
53173
PLAN
2
5
PLAN
51321
1
2
Parc el A
1
4
11
8
7
5
PLA N
No.
53020
AUGUSTA
DRIVE
PLAN
No.
50634
54686
No.
PLAN
2
3
1
PLAN
KILLARNEY
LAKE
1
Pt. 5
50634
PLAN
50634
Pt. Parcel B
PLAN
No.
PLAN
57285
1
2
4
3
5
6
7
8
9
10
11
12
13
BATES
BAY
BATES
AVENUE
GEATES
STREET
2
2
3
4
6
5
Pu blic Re se rve
PL AN
No.
57199
56713
(Condominium)
40
PLAN
MG
MG
RS
RS
O
MG
RS
RS
RS
O
CG
CG
RS
RS
RS
RS
O
CG
CG
O
SR
SR
AUR
AUR
RU
MG
O
RS
CG
AUR
CG
SR
SR
RS
O
AUR
SR
SR
SR
SR
SR
O
O
RU
NW-9-3-17-W
SW-9-3-17-W
SE-9-3-17-W
NE-9-3-17-W
NW-4-3-17-W
SW-4-3-17-W
SE-4-3-17-W
NE-4-3-17-W
NW-3-3-17-W
NE-3-3-17-W
NW-1-3-17-W
SW-34-2-17-W
SE-34-2-17-W
NW-33-2-17-W
SW-33-2-17-W
SE-33-2-17-W
NE-33-2-17-W
NW-12-3-17-W
SW-12-3-17-W
NW-11-3-17-W
SW-11-3-17-W
SE-11-3-17-W
NE-11-3-17-W
NW-10-3-17-W
SW-10-3-17-W
SE-10-3-17-W
NE-10-3-17-W
NW-35-2-17-W
SW-35-2-17-W
SE-35-2-17-W
NE-35-2-17-W
NW-32-2-17-W
SW-32-2-17-W
SE-32-2-17-W
NE-32-2-17-W
Municipality of
Killarney-Turtle
Mountain
600
0
600
300
Feet
Zoning Map 2
Date: May, 2016
Appendix "A"
To
By-law No. 2-2016
200
0
200
100
Meters
Legend:
"AUR"
"RR"
"RS"
"SR"
"CG"
"MG"
"O"
Agricultural Urban Reserve Zone
Rural Residential Zone
Residential Serviced Zone
Seasonal Recreation Zone
Commercial General Zone
Manufacturing / Industrial Zone
Open Spacel Zone
Limits of Zoning Map 2
Residential UN-Serviced Zone
"RU"
Indigenous and Municipal Relations
Community & Regional Planning
±
PLAN
NO.
42868
PLAN
Pt. B
Pt. D
8
No.
PLAN
30
No.
PLAN
30
No.
PLAN
17
No.
PLAN
8
No.
PLAN
30
PLAN
No.
418
No.
PLAN
33
No.
PLAN
3
7
18
24
1
17
8
1
4
5
4
7
5
8
17
24
18
20
21
6
3
21
20
6
5
8
18
1
7
24
17
24
15
31
25
2
14
1
25
31
18
8
1
1
17
7
17
8
13
21
24
7
1
12
16
11
10
5
1
11
16
20
8
10
11
16
20
9
10
20
16
5
1
11
8
10
1
5
11
16
11
10
5
20
10
11
12
3
2
1
4
5
6
7
8
9
CLOSED
NO.
8 T.M.
8 T.M.
PLAN
NO.
8 T.M.
Parcel D
Parcel C
Parcel B
Parcel A
PLAN
52083
GLENGARRY
STREET
RAILWAY
STREET
STREET
GLENROSS
GLENROY
STREET
STREET
STREET
STREET
STREET
STREET
STREET
GLENCAIRN
BROADWAY
GLENCOE
GLENEWEN
GLENLYON
GLENNEVIS
4
PLAN
No.
11
RAILWAY
STREET
SOUTH
STREET
STREET
PEMBINA
MORTON
GD
AL
AL
NE-19-3-18-W
NE-19-3-18-W
443
346
Municipality of
Killarney-Turtle Mountain
0
100
200
50
Meters
Zoning Map 3
Ninga
Date: May, 2016
Legend:
"GD" General Development Zone
Agricultural Limited Zone
Limits of Zoning Map 2
"AL"
0
600
300
Feet
Indigenous and Municipal Relations
Community and Regional Planning
±
Appendix "A"
To
By-law No. 2-2016
No.
PLAN
20
19
PARCEL E 40694
PARCEL C
225
PLAN
11
10
1
1
12
19
28
11
29
11
46
10
40
19
30
12
9
1
14
13
14
23
13
1
26
35
1
10
9
20
21
10
1
40
31
40
34
8
1
10
21
20
21
10
20
1
7
6
30
11
10
1
5
30
1
11
21
20
21
40
4
10
1
11
20
30
20
2
40
31
30
11
3
1
10
1
10
11
21
1
30
21
20
11
10
1
10
PARCEL D
PA RCE L B
PARCEL A
20
30
20
225
PLAN
No.
PLAN
No.
778
PLAN
778
No.
PLAN
No.
778
PLAN 225
225
PLAN
No.
225
PLAN
No.
225
PLAN
No.
AVENUE
RAILWAY
AVENUE
GORDON
SMALL
AVENUE
PARKER
STREET
STREET
STREET
RIVER
WEIR
MARY
STREET
STREET
BROADWAY
STREET
EVELYN
YOUNG
STREET
KELSO
STREET
STREET
RAILWAY
43915
No.
PLAN
1493
PLAN
1
PLAN
172
No
172
GD
SW-24-2-16-W
SE-24-2-16-W
NW-24-2-16-W
Municipality
Of
Killarney - Turtle Mountain
Municipality
Cartwright - Roblin
NW-13-2-16-W
AL
AL
458
Municipality of
Killarney-Turtle Mountain
0
500
250
Feet
Zoning Map 4
Holmfield
0
150
75
Meters
Date: May, 2016
Indigenous and Municipal Relations
Community & Regional Planning
±
Legend:
"GD" General Development Zone
Agricultural Limited Zone
Limits of Zoning Map 4
"AL"
Appendix "A"
To
By-law No. 2-2016