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RURAL MUNICIPALITY
OF
NORTH NORFOLK
ZONING BY-LAW
NO. 785-2011
RM of North Norfolk Zoning By-Law
THE RURAL MUNICIPALITY OF NORTH NORFOLK BY-LAW NO. 785-2011
BEING a by-law of The Rural Municipality of North Norfolk to regulate the use and
development of land.
WHEREAS, Section 68 of The Planning Act provides that a municipal council must
adopt a zoning by-law that is generally consistent with the development plan by-law
and any secondary plan by-law in effect in the municipality;
AND WHEREAS, pursuant to the provisions of Section 45 of The Act, The Nor-Mac
Planning District has, by by-law, adopted The Nor-Mac Planning District
Development Plan;
NOW THEREFORE, the Council of The Rural Municipality of North Norfolk in meeting
duly assembled, enacts as follows:
1.
This by-law shall be known as the Rural Municipality of North
Norfolk Zoning By-law.
2.
The Zoning By-law attached hereto and marked as SCHEDULE "A" is
hereby adopted.
3.
The By-law No. 460 being a by-law of The Rural Municipality of North
Norfolk to adopt The Rural Municipality of North Norfolk Zoning By-law
and all amendments thereto are hereby repealed.
4.
This By-law shall take force and effect on the date of third reading.
DONE AND PASSED in Council duly assembled at The Rural Municipality of North
Norfolk, Manitoba this _____ day of _______________, 2012 A.D.
Reeve
Chief Administrative Officer
READ A FIRST TIME THIS
14th
day of
March
A.D. 2011
READ A SECOND TIME THIS
9th
day of
May
A.D. 2011
READ A THIRD TIME THIS
8th
day of
May
A.D. 2012
RM of North Norfolk Zoning By-Law
RURAL MUNICIPALITY
OF NORTH NORFOLK
ZONING BY-LAW
BEING SCHEDULE "A"
TO
BY-LAW NO. 785-2011 OF
THE RURAL MUNICIPALITY
OF NORTH NORFOLK
Prepared for:
THE RURAL MUNICIPALITY OF NORTH NORFOLK
By:
Marvin R. Borgfjord
Planning Consultant
Dauphin, MB
and
GENIVAR
March 2011
RM of North Norfolk Zoning By-Law
i
TABLE OF CONTENTS
PART 1: SCOPE ....................................................................................................................................................... 1
PART 2: GENERAL REGULATIONS GOVERNING USES, BUILDINGS AND STRUCTURES ............................... 2
2.1
Regulation of Uses .................................................................................................................................... 2
2.2
Existing Uses, Buildings and Structures ................................................................................................. 2
2.3
Permitted Uses, Buildings and Structures .............................................................................................. 3
2.4
Conditional Uses ....................................................................................................................................... 4
2.5
Accessory Uses ......................................................................................................................................... 4
PART 3: GUIDE TO ZONES AND ZONING MAPS .................................................................................................. 5
3.1
Zones .......................................................................................................................................................... 5
3.2
Zoning Maps .............................................................................................................................................. 6
3.3
Interpretation of Zone Boundaries ........................................................................................................... 6
PART 4: GENERAL BULK REQUIREMENTS .......................................................................................................... 7
4.1
Application of Bulk Requirements ........................................................................................................... 7
4.2
Existing Substandard Parcels of Land .................................................................................................... 7
4.3
Open Space Along Rural Roadways ........................................................................................................ 7
4.4
Projections into Required Yards .............................................................................................................. 8
4.5
Separation of Principal Building and Any Other Building ...................................................................... 8
4.6
Unconventional Sites ................................................................................................................................ 8
4.7
Landlocked Sites ....................................................................................................................................... 8
PART 5: GENERAL REGULATIONS FOR ALL ZONES .......................................................................................... 9
5.1
Intent .......................................................................................................................................................... 9
5.2
Sensitive Lands, Flooding and Erosion ................................................................................................... 9
5.3
Land Gradients and Site Drainage ........................................................................................................... 10
5.4
Separation for Habitable Sites From Incompatible Uses ........................................................................ 10
5.5
High Water Table Areas ............................................................................................................................ 11
5.6
Site Reduced by Road Widening .............................................................................................................. 11
5.7
Building Removal ...................................................................................................................................... 11
5.8
Road Access .............................................................................................................................................. 11
5.9
Service Connections ................................................................................................................................. 11
5.10
Public Monuments and Cairns ................................................................................................................. 11
5.11
Signs .......................................................................................................................................................... 12
5.12
Temporary Buildings and Uses ................................................................................................................ 12
5.13
Road Allowances ....................................................................................................................................... 13
5.14
Basement Accommodations .................................................................................................................... 13
5.15
Noxious or Offensive Uses ....................................................................................................................... 13
5.16
Mobile Home Provisions ........................................................................................................................... 13
5.17
Parking Lot Design .................................................................................................................................... 13
TABLE 5-1: PARKING AREA DIMENSIONS ........................................................................................................... 14
5.18
Multiple Uses ............................................................................................................................................. 14
RM of North Norfolk Zoning By-Law
ii
PART 6: RURAL/AGRICULTURE ZONE ................................................................................................................. 15
6.1
Permitted and Conditional Uses............................................................................................................... 15
TABLE 6-1: "R/A" RURAL/AGRICULTURE USE AND BULK TABLE .................................................................... 15
6.2
Accessory Uses, Buildings and Structures ............................................................................................. 19
6.3
Projections into Required Yards .............................................................................................................. 20
PART 7: RURAL RESIDENTIAL AND SEASONAL RECREATION GENERAL ZONES ......................................... 21
7.1
Permitted and Conditional Uses............................................................................................................... 21
TABLE 7-1: RURAL RESIDENTIAL AND SEASONAL RECREATION GENERAL USE TABLE ............................ 21
7.2
Accessory Uses, Buildings and Structures ............................................................................................. 22
7.3
Rural Residential and Seasonal Recreation General Bulk Regulations ................................................ 22
TABLE 7-2: RURAL RESIDENTIAL AND SEASONAL RECREATION GENERAL BULK TABLE ......................... 23
7.4
Parking ....................................................................................................................................................... 24
7.5
Fences and Walls ...................................................................................................................................... 25
7.6
Signs .......................................................................................................................................................... 25
PART 8: GENERAL DEVELOPMENT ZONE ........................................................................................................... 26
8.1
Permitted and Conditional Uses............................................................................................................... 26
TABLE 8-1: "GD" GENERAL DEVELOPMENT ZONE - USE AND BULK TABLE ................................................. 26
8.2
Accessory Uses, Buildings and Structures ............................................................................................. 28
8.3
Projections into Required Yards .............................................................................................................. 30
8.4
Parking ....................................................................................................................................................... 30
8.5
Fences and Walls ...................................................................................................................................... 31
8.6
Signs .......................................................................................................................................................... 31
PART 9: RESIDENTIAL GENERAL ZONE ............................................................................................................... 33
9.1
Permitted and Conditional Uses............................................................................................................... 33
TABLE 9-1: RESIDENTIAL GENERAL USE TABLE ............................................................................................... 33
9.2
Accessory Uses, Buildings and Structures ............................................................................................. 33
9.3
Residential General Bulk Regulations ..................................................................................................... 34
TABLE 9-2: RESIDENTIAL GENERAL BULK TABLE............................................................................................. 35
9.4
Parking ....................................................................................................................................................... 38
TABLE 9-3: RESIDENTIAL GENERAL PARKING TABLE ...................................................................................... 38
9.5
Fences and Walls ...................................................................................................................................... 39
9.6
Signs .......................................................................................................................................................... 39
9.7
Mobile Home Park Regulations ................................................................................................................ 40
9.7.1
Minimum Park Size ............................................................................................................. 40
9.7.2
Buffer Area .......................................................................................................................... 40
9.7.3
Development of the Buffer Area .......................................................................................... 40
9.7.4
Location of Storage Compound ........................................................................................... 40
9.7.5
Mobile Home Park Internal Roadway System ..................................................................... 40
9.7.6
Number of Mobile Homes ................................................................................................... 41
9.7.7
Distance from Storage Compound, Common Parking, Service Building ............................ 41
9.7.8
Required Services for Mobile Home Space ......................................................................... 41
9.7.9
Location of Accessory Buildings and Structures ................................................................. 41
RM of North Norfolk Zoning By-Law
iii
9.7.10
Accessory Structures and Buildings..................................................................................... 41
9.7.11
Site Plans - Requirements.................................................................................................... 41
9.7.12
Mobile Home Standards ...................................................................................................... 41
9.7.13
Required Services for Mobile Home Park ........................................................................... 41
PART 10: COMMERCIAL AND INDUSTRIAL ZONES ............................................................................................. 42
10.1
Permitted and Conditional Uses............................................................................................................... 42
TABLE 10-1: COMMERCIAL AND INDUSTRIAL USE TABLE................................................................................ 42
10.2
Accessory Uses, Buildings and Structures ............................................................................................. 45
10.3
Commercial and Industrial Bulk Regulations .......................................................................................... 46
TABLE 10-2: COMMERCIAL AND INDUSTRIAL BULK TABLE ............................................................................. 47
10.4
Parking and Loading ................................................................................................................................. 49
TABLE 10-3: COMMERCIAL AND INDUSTRIAL PARKING TABLE ...................................................................... 49
10.5
Fences and Walls ...................................................................................................................................... 50
10.6
Signs .......................................................................................................................................................... 50
10.7
Pollution Standards ................................................................................................................................... 51
PART 11: OPEN SPACE/RECREATION AND URBAN TRANSITION ZONES ....................................................... 52
11.1
Permitted and Conditional Uses............................................................................................................... 52
TABLE 11-1: OPEN SPACE/RECREATION AND URBAN TRANSITION USE TABLE .......................................... 52
11.2
Accessory Uses, Buildings and Structures ............................................................................................. 53
11.3
Open Space/Recreation and Urban Transition Bulk Regulations .......................................................... 53
TABLE 11-2: OPEN SPACE/RECREATION AND URBAN TRANSITION BULK TABLE ........................................ 54
11.4
Parking ....................................................................................................................................................... 55
11.5
Signs .......................................................................................................................................................... 56
PART 12: REQUIREMENTS FOR SPECIFIC USES ................................................................................................ 57
12.1
Home-based Businesses .......................................................................................................................... 57
12.2
Livestock Operations ................................................................................................................................ 57
12.3
Livestock Operations Deemed Conditional Uses ................................................................................... 58
TABLE 12-1: CALCULATION OF ANIMAL UNITS BY CATEGORIES OF LIVESTOCK ......................................... 58
12.4
Livestock Operations in Proximity to Residences and Designated Areas ............................................ 59
TABLE 12-2: MINIMUM SEPARATION DISTANCE FOR SITING LIVESTOCK OPERATIONS .............................. 60
12.5
Livestock Operations Development in Buffer Areas .............................................................................. 60
12.6
Application Requirements for New or Expanding Livestock Operations .............................................. 61
12.7
Small-scale and Non-Farm Residential Accessory Livestock Facilities ............................................... 62
12.8
Animal Housing Facilities ......................................................................................................................... 62
12.9
Special Limitations Governing Development of Farm Buildings, Structures and Dwellings .............. 63
12.10
Wind Turbine Generator Station Development Provisions .................................................................... 63
12.11
Hazardous Materials Storage ................................................................................................................... 64
12.12
Proximity of Air Landing Strips to Buildings and Structures and Other Designated Area Zones ...... 64
12.13
Location of Automobile Wrecking Establishments ................................................................................ 64
12.14
Storage of Derelict Vehicles ..................................................................................................................... 65
12.15
Camping and Tenting Grounds ................................................................................................................ 65
RM of North Norfolk Zoning By-Law
iv
12.16
Variation of Separation Distances ............................................................................................................ 65
PART 13: ADMINISTRATION ................................................................................................................................... 66
13.1
Administration and Enforcement ............................................................................................................. 66
13.2
Responsibilities of Council ....................................................................................................................... 66
13.3
Responsibilities of the Board ................................................................................................................... 66
13.4
Responsibilities of the Development Officer ........................................................................................... 66
13.5
Responsibilities of the Owner .................................................................................................................. 67
13.6
Development Permits ................................................................................................................................ 67
13.7
Application for Amendment ...................................................................................................................... 69
13.8
Application for Variances and Conditional Uses .................................................................................... 70
13.9
Development Agreements ........................................................................................................................ 70
13.10
Fee Schedule ............................................................................................................................................. 71
PART 14: ENFORCEMENT ...................................................................................................................................... 72
14.1
Entry for Inspection and Other Purposes ................................................................................................ 72
14.2
Order to Remedy Contravention .............................................................................................................. 72
14.3
Review by the Board ................................................................................................................................. 72
14.4
Enforcement and Penalties ....................................................................................................................... 73
PART 15: INTERPRETATION .................................................................................................................................. 74
15.1
Footnotes ................................................................................................................................................... 74
15.2
Permitted Uses .......................................................................................................................................... 74
15.3
Definitions .................................................................................................................................................. 74
APPENDIX "A"
Zoning Maps
APPENDIX "B"
Metric Conversion Table
RM of North Norfolk Zoning By-Law
1
PART 1: SCOPE
1.1
This By-law shall be known as the Rural Municipality of North Norfolk Zoning By-law.
1.2
This By-law applies to all lands in The Rural Municipality of North Norfolk indicated on Maps
1 to 6 of Appendix "A" to this By-law.
1.3
This By-law regulates:
(a) the construction, erection, alteration, enlargement or placing of buildings and structures;
and
(b) the establishment, alteration or enlargement of uses of land, buildings and structures.
1.4
No land, building or structure shall be used or occupied, and no building or structure shall be
constructed, erected, altered, enlarged or placed, except in accordance with this By-law, and
only after all required permits have been obtained by the owner. Legal non-conforming
buildings, structures and uses that were lawfully in existence before this By-law or prior to
any amendment to this By-law, may continue to exist in accordance with the provisions of
The Planning Act.
1.5
Whenever a provision of another by-law of The Rural Municipality of North Norfolk or of a law
or regulation of the provincial or federal government contains a restriction governing the
same subject matter contained in this By-law, or imposes contradictory regulations with
respect to uses, buildings or structures, the most restrictive or highest standard shall prevail.
1.6
Nothing in this By-law, or in a development permit, approval of a conditional use, variation
order or other approval issued under this by-law or under The Planning Act, shall be
construed as authorization for the carrying out of any activity which is a nuisance due to
noise, odour, emission, vibration or other cause.
RM of North Norfolk Zoning By-Law
2
PART 2: GENERAL REGULATIONS GOVERNING USES, BUILDINGS
AND STRUCTURES
2.1
Regulation of Uses
2.1.1
Subject to subsection 2.1.5, of this PART, no land, building or structure shall be constructed,
enlarged, placed, used or occupied except for a use which:
(a)
is listed in the Use and Bulk Tables which apply to such land, building or structure as:
(i)
a permitted use;
(ii)
a conditional use, subject to approval as such; or
(b)
is an accessory use.
2.1.2
All listed uses shall be interpreted in accordance with PART 15: INTERPRETATION and
shall be dealt with in accordance with procedures outlined in PART 12: REQUIREMENTS
FOR SPECIFIC USES, PART 4: GENERAL BULK REQUIREMENTS, PART 5: GENERAL
REGULATIONS FOR ALL ZONES and PART 13: ADMINISTRATION.
2.1.3
Where land or a building or structure is used for more than one purpose, all provisions of this
By-law relating to each use shall be satisfied. If there is a conflict, the higher or more
stringent requirement shall apply.
2.1.4
There shall be a maximum of one dwelling unit per site or parcel of land, except for the
following:
(a)
dwelling units which are required for employees or family members, who will be
actively involved in an agricultural operation; and
(b)
two-family dwellings or multiple-family dwellings as provided for in this By-law.
2.1.5
This By-law shall be interpreted so as not to interfere with the construction, erection and
location of the facilities of a public utility. Office buildings, warehouses, maintenance or
storage compounds operated by a public utility shall be subject to the provisions of this By-
law.
2.1.6
Electric transmission lines and structures, and pipelines of a public utility are deemed to be in
compliance with this By-law if they are carried out, constructed and operated in accordance
with federal and provincial law.
2.2
Existing Uses, Buildings and Structures
2.2.1
An existing use, building or structure which is classified as a permitted use, building or
structure in this By-law shall be allowed to continue to exist, and may be enlarged or
expanded, may be changed to another permitted use, or may be replaced if destroyed.
(a)
All legally erected buildings and structures existing at the effective date of this By-law
are deemed to conform to the bulk requirements of the zone in which the buildings or
structures are situated; and
RM of North Norfolk Zoning By-Law
3
(b)
The enlargement, expansion, change in use, or replacement shall be subject to the
issuance of a development permit, and shall conform to all requirements of this By-law.
2.2.2
An existing use, building or structure which is classified as a conditional use in this By-law or
amendments thereto and which legally existed at the date of adoption or amendment of this
By-law shall be deemed to be an approved conditional use, building or structure and shall be
allowed to continue to exist, may be changed to a permitted use in the zone in which the use,
building or structure is located, or may be replaced if destroyed, provided that the
replacement does not increase the intensity of the previously existing use.
(a)
In these circumstances, the change in use or replacement shall be subject to the
issuance of a development permit, and shall conform with all requirements of this By-
law; and
(b)
Where an enlargement or expansion of such a use is proposed, it shall require the
specific approval of Council, in accordance with PART 13.
2.2.3
An existing use, building or structure which is not classified as a permitted or conditional use,
building or structure in this By-law and which legally existed at the date of adoption or
amendment of this By-law, shall be considered as a non-conforming use, building or
structure, and shall be subject to the provisions of The Planning Act governing non-
conformities.
(a)
A non-conforming use shall be allowed to continue to exist, and may be changed to a
permitted use in the zone in which the use is located;
(b)
A non-conforming use shall not be intensified, and shall not be changed to a different
non-conforming use;
(c)
A non-conforming use shall not be re-established if it is discontinued for a period in
excess of one year. A change in ownership or tenancy of a non-conforming use shall
not affect the status of the non-conforming use;
(d)
A non-conforming building or structure shall not be re-established if it is removed or
destroyed by more than fifty percent (50%) of its replacement value above the
foundation; and
(e) Other provisions of The Planning Act govern non-conforming uses, buildings and
structures, including a provision which enables Council to consider variation orders in
situations where non-conformities are proposed to be enlarged or expanded.
2.3
Permitted Uses, Buildings and Structures
Where a use, building or structure is provided for as a permitted use by this By-law, the
owner shall normally be entitled to establish, expand or enlarge the use, building or structure,
subject to the issuance of a development permit, and provided that the use, building or
structure complies with all requirements of this By-law.
RM of North Norfolk Zoning By-Law
4
2.4
Conditional Uses
2.4.1
The classification of uses as conditional uses is intended to provide for a special process of
review and approval for certain types of development which, due to their inherent
characteristics, may have potential adverse impacts on nearby properties or resources.
2.4.2
Where a use, building or structure is provided for as a conditional use by this By-law, the
establishment, enlargement or expansion of the use, building or structure shall be subject to
the specific requirements of The Planning Act pertaining to conditional uses and section 13.8
of PART 13 herein.
2.5
Accessory Uses
2.5.1
No accessory use shall be established, and no accessory building or structure shall be
constructed or erected, prior to the establishment of the use of land, building or structure to
which it is accessory (except as provided under subsection 2.5.2 of this PART).
2.5.2
An accessory garage or storage building may be constructed or erected for the purpose of
storage of materials and equipment for use during construction of the main building, provided
that a development permit has been obtained for the main building.
2.5.3
An accessory use, building or structure may be accessory to a permitted or conditionally
approved use. However, where a conditional use is required, no accessory use, building or
structure shall be constructed or located on the site prior to review and approval by Council
of the conditional use in accordance with PART 13 of this By-law.
RM of North Norfolk Zoning By-Law
5
PART 3: GUIDE TO ZONES AND ZONING MAPS
3.1
Zones
3.1.1
Uses of land in The Rural Municipality of North Norfolk are regulated in accordance with the
following zones:
(a) "R/A" Rural/Agriculture Zone
This zone provides for general agricultural uses, including large-scale livestock
operations, other small holdings and non-farm development compatible with farming
operations.
(b) "GD" General Development Zone
This zone provides for a mixture of agriculture, residential, commercial, industrial and
recreational uses within the urban communities of Bagot, Rossendale and Sidney.
(c) "SRG" Seasonal Recreation General Zone
This zone provides for a full range of recreational developments, including cottages,
related commercial activities, camp grounds, marinas, resorts and some permanent
dwellings as permitted or conditional uses, in order to maintain compatibility with
development and the natural environment.
(d)
"RR" Rural Residential Zone
This zone provides for low density rural one-family non-farm residential development
and associated or compatible uses utilizing on-site sewer and water services.
(e)
"RG" Residential General Zone
This zone provides for urban low density residential development including two and
three family dwellings and apartments and associated or compatible uses where all
types of residential facilities are provided for with on-site servicing or municipal
systems.
(f)
"CG" Commercial General Zone
This zone provides for appropriate land for general commercial use in areas where
further break down is not warranted.
(g)
"MG" Industrial General Zone
This zone provides land in the Village of Austin and fringe areas of MacGregor for the
development of processing, distribution, transportation, warehousing, and other low
impact industrial uses which carry on their operations in such a manner that no
nuisance factor is created or emitted and which are reasonably compatible with nearby
residential or commercial uses. In addition, certain heavy industrial uses may also be
considered as conditional uses, subject to conditions of approval that Council may
deem appropriate under the circumstances.
RM of North Norfolk Zoning By-Law
6
(h)
"O/R" Open Space/Recreation Zone
This zone provides land for public schools, public parks and recreation purposes
including public or private uses such as arenas, clubs, recreational community centres,
rinks, etc., lands to conserve undeveloped scenic or hazard lands and buffering of
different types of land use and major utility rights-of-way that have an open space
character.
(i) "UT" Urban Transition Zone
This zone provides for the continuance of non-intensive agricultural and agricultural
related open space uses in such a manner as to facilitate the orderly expansion of the
Village of Austin.
3.1.2
The permitted and conditional uses prescribed for sites within each zone are those set out in
the Use and Bulk Tables of this By-law.
3.2
Zoning Maps
3.2.1
The location and boundaries of the zones listed in subsection 3.1.1 of this PART are shown
on Maps 1 through 6 of Appendix "A" of this By-law. Said maps form a part of this Zoning
By-law. All notations, references and other information shown thereon, together with any
amendments made by amending by-laws made from time to time and shown thereon,
together with any amendments to the boundaries in the case of any street, lane or public
utility right-of-way closing shall be as much a part of this By-law as if the matters and
information set forth by the said zoning maps were fully described herein.
3.2.2
The scale and dimensions of the zoning maps are in feet.
3.2.3
All plan references on all zoning maps of Appendix "A" of this By-law pertain to registered
plans filed in the Portage Land Titles Office.
3.3 Interpretation of Zone Boundaries
3.3.1
Boundaries indicated as approximately following:
(a)
the centerlines of railway or public utility rights-of-way;
(b)
the centerlines of streets, highways, or lanes;
(c)
lot, site, or holding lines; or
(d)
municipal limits;
shall be construed as following those lines or limits.
3.3.2
If a street or lane or railway or public utility right-of-way (hereinafter referred to as the
feature) shown on a zoning map of Appendix "A" of this By-law is lawfully closed, the land
formerly comprising the feature shall be included within the zone of the land which surrounds
it. If the said feature included a zone boundary on its centerline, then the zone boundary
shall be the former centerline.
RM of North Norfolk Zoning By-Law
7
PART 4: GENERAL BULK REQUIREMENTS
4.1
Application of Bulk Requirements
No land, building or structure shall be used or occupied, and no building or structure shall be
constructed, erected, altered, enlarged, relocated or placed, except in accordance with the
minimum site area, minimum site width and yard requirements prescribed for the zone in
which the use is situated as set out in the Use and Bulk Tables of this By-law.
4.2
Existing Substandard Parcels of Land
Any site or parcel of land which was in existence at the date of adoption of this By-law, and
which does not comply with the minimum site area and/or site width requirements for any
zone as provided for in this By-law, may be used or developed for any permitted or
conditional use within the zone in which the site or parcel exists, provided that;
(a)
The site or parcel of land did not form part of a larger contiguous land holding under
the same ownership;
(b)
All administrative requirements for the issuance of development permits and approval
of conditional use and/or variation applications as provided for in The Planning Act and
PART 13 of this By-law are complied with; and
(c)
All required yards and separation distances as required by this By-law are complied
with.
4.3
Open Space Along Rural Roadways
Areas adjacent to rural roads shall be kept clear of features which would contribute to snow
drifting on the roadway, or which would represent a safety hazard to motorists. Within the
Rural/Agriculture Zone, the following provisions shall apply to any required front yard, side
yard or rear yard which is adjacent to an improved government road allowance, highway or
other improved municipal road:
(a)
No building or structure shall be constructed or located within the required yard, except
for electric fences, barbed wire fences, chain link fences or wooden rail fences which
are at least seventy-five percent (75%) open in character, all types of signs, excluding
advertising signs, which are less than fifty (50) square feet in surface area, and small
shelters for children at school bus stops;
(b)
No excavation such as a dugout or gravel pit shall be located within the required yard;
(c)
No substantial planting, such as a shelterbelt or hedge exceeding a height of three (3)
feet that may interfere with the functioning of the road system shall be located within
the required yard;
(d)
No substantial stockpiling of materials, such as soil, gravel, bales or cordwood that
may interfere with the functioning of the road system shall be located within the
required yard;
(e)
No permanent storage of farm machinery shall be located within the required yard; and
(f)
Corner vision triangles shall be maintained at the road corners of all sites adjacent to
the road intersections within the Rural/Agriculture Zone. The corner vision triangle
RM of North Norfolk Zoning By-Law
8
shall be a triangular area measured one hundred twenty-five (125) feet from the road
corner of the site along each site line adjacent to the road. No wall, fence, hedge,
shrub or other landscaping feature which would substantially diminish the visibility of
motorists shall be allowed within these corner vision triangles.
4.4
Projections into Required Yards
Within all zones, the required yards are intended to provide open spaces around buildings
and structures for purposes of amenity, privacy, fire protection, and maintenance operations
along the walls of buildings. The following features are permitted to be located in required
yards unless otherwise specified.
(a)
Open, unenclosed projections of a building, including eaves, awnings, stairs, landings,
wing-walls, raised decks and balconies, may extend into a required yard up to fifty
percent (50%) of the required yard depth to a maximum projection of five (5) feet,
whichever is the lesser;
(b)
Enclosed projections of a building, including chimneys, alcoves, and bay windows may
extend into a required yard up to fifty percent (50%) of the required yard depth to a
maximum projection of five (5) feet, whichever is the lesser, provided that no more than
ten (10) square feet of area within any required yard is occupied by these types of
projection;
(c)
Landscaping features such as driveways, sidewalks, and patios at grade level,
ornamental plantings, fences and other decorative features are permitted within any
required yard, provided that the maximum height of a fence in any required front yard
shall be three (3) feet, and the maximum height of a fence in any required side or rear
yard shall be six (6) feet; and
(d)
Portable buildings not exceeding one hundred (100) square feet in floor area for the
storage of domestic equipment may be located within any required interior side yard or
required rear yard, provided that a separation distance of one (1) foot is maintained
from any site line, and a separation distance of three (3) feet is maintained from any
dwelling.
4.5
Separation of Principal Building and Any Other Building
The minimum distance between the principal building and any other building other than
provided for in clause 4.4(d) of this PART shall be ten (10) feet in the Rural/Agriculture Zone
and six (6) feet in all other zones.
4.6
Unconventional Sites
Where a site is of such unique configuration that the required yards cannot be ascertained in
accordance with the definitions of PART 15, the Development Officer may designate the
location of the required yards. The location and required dimensions of such yards shall be
consistent with the intent of the yards specified for the zone within which the site is located.
4.7
Landlocked Sites
In unique circumstances, Council may permit development on a site which only has frontage
on a private lane or road, provided the said lane or road is at least twenty (20) feet in width
and intersects with a street, and is secured by means of a registered easement. For the
purpose of establishing the position of the required yards, the Development Officer shall
determine the front, side or rear site lines of a landlocked site.
RM of North Norfolk Zoning By-Law
9
PART 5: GENERAL REGULATIONS FOR ALL ZONES
5.1
Intent
The General Regulations contained in this PART are intended to apply to all zones unless
otherwise provided for in this By-law.
5.2
Sensitive Lands, Flooding and Erosion
5.2.1
No buildings or structures, except for fences, shall be built in areas in the vicinity of creeks or
streams which, in the opinion of Council, are subject to flooding by a one hundred year flood,
unless the owner provides sufficient information prepared by a qualified consultant, to
demonstrate compliance with the provisions of The Nor-Mac Planning District Development
Plan.
5.2.2
Where development is proposed in an area which, in the opinion of the Development Officer,
may be subject to ponding due to snowmelt or heavy rainfall events, the owner may be
required to undertake additional flood proofing measures such as but not necessarily limited
to the provision of sufficient fill around the building to provide an additional measure of
protection from flood damage.
5.2.3
No permanent building shall be constructed or placed on land, which is subject to
subsidence or erosion by water or is marshy or unstable, or is otherwise unsuitable or
hazardous by virtue of its soil or topography, unless it is demonstrated to the satisfaction of
Council by a qualified consultant that proper measures will be taken to mitigate the hazard to
an acceptable level.
5.2.4
No land use activity shall be conducted in any zone unless such precautionary measures,
satisfactory to Council, to safeguard and prevent water and atmospheric pollution, including
enrichment of natural waters with organic nutrients or sediments, are incorporated into the
proposed land use activity. In considering certain types of development applications that
may represent a significant risk to groundwater within groundwater sensitivity areas either
known or identified in The Nor-Mac Planning District Development Plan such as large
livestock operations, or commercial fertilizer or chemical storage facilities, Council may seek
the advice of appropriate government agencies on the adequacy of the proposed
preventative measures and may impose special conditions of approval that it may deem
appropriate in order to minimize the risk of groundwater contamination. When setting
conditions for those livestock operations deemed to be a conditional use (i.e. of size, 300
animal units or greater), some consideration may be given by Council to minimizing the risk
to groundwater contamination provided these do not exceed those specified in The Planning
Act.
5.2.5
The minimum separation distance for all permanent buildings and structures from the major
lakes and streams shall be a distance equal to ten (10) times the height of the bank above
channel grade, or one hundred (100) feet from the edge of the bank, whichever is greater.
This distance may be reduced for residential sites in the "SRG" Seasonal Recreation
General Zone and where an applicant can demonstrate to the Council's satisfaction that a
reduction in the required separation will not result in flooding or erosion problems. In such
circumstances, Council may require an engineering study from the proponent.
RM of North Norfolk Zoning By-Law
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5.2.6
The minimum separation distance for all permanent buildings and structures from the crest
or foot of a slope having a natural gradient in excess of ten (10) percent shall be a distance
sufficient to allow for a stable slope plus fifty (50) years of erosion, or one hundred (100) feet,
whichever is greater.
5.2.7
Lands should generally not be cleared or developed to the water's edge of creeks, streams
and lakes. For first and second order drains a 50 foot buffer of undisturbed native
vegetation, upslope from the high water mark, should be retained or restored to provide
wildlife cover, and to protect the aquatic ecosystem and water quality. For third order drains
or higher order drains, a 100 foot buffer of undisturbed native vegetation, upslope from the
high water mark, should be retained or restored to provide wildlife cover, and to protect the
aquatic ecosystem and water quality. Where indicator fish species (e.g. walleye, pike and
suckers) are present or the water body provides spawning, nursery, feeding or migratory
habitat, a 100 foot buffer, upslope from the high water mark, will be retained or restored.
Within this buffer area, shoreline alteration (e.g. pathways, docks and boat houses) should
be not more than twenty-five (25) percent.
5.3
Land Gradients and Site Drainage
The grade for all principal buildings and structures and the proposed site drainage system
shall be approved by the Development Officer prior to the commencement of construction.
5.4
Separation for Habitable Sites From Incompatible Uses
5.4.1
No new habitable buildings, including dwellings, schools, motels, restaurants, and institutions
shall be located within one thousand five hundred (1,500) feet of a sewage lagoon.
Proposals to alter this separation distance must be considered and approved by the
Environmental Authorities of the Province prior to development.
5.4.2
No habitable buildings, including dwellings, schools, motels, restaurants, and institutions
shall be located within one thousand three hundred twelve (1,312) feet of a sanitary landfill
site unless it can be demonstrated by a professional engineer, registered in the Province of
Manitoba, that there will be no migration of methane gas or other surface or subsurface
pollutants. Also, any reduction in this separation distance requires approval by the
Environmental Authorities of the Province prior to development.
5.4.3
The above distances in 5.4.1 and 5.4.2 are to be measured from the centerline of the nearest
lagoon dyke or nearest side of a landfill pit.
5.4.4
A single dwelling site, a Rural Residential Zone or a Seasonal Recreation General Zone
containing dwelling sites shall not be located within:
(a)
Five hundred (500) feet from any aggregate deposit identified in the Development
Plan as valuable unless the deposit has been depleted to the point where no further
extraction will take place and residential development is recommended by the
Provincial Government;
(b)
Five hundred (500) feet for single sites or one half (1/2) mile for Rural Residential
and Seasonal Recreation General Zones from a stationary commercial anhydrous
ammonia tank with a storage capacity exceeding two thousand (2,000) imperial
gallons or as required by the Provincial Government;
RM of North Norfolk Zoning By-Law
11
(c)
Three hundred (300) feet from any barn or animal confinement area or concentrated
waste disposal site where there is a production in excess of 1 animal unit and does
not exceed 9 animal units. Dwelling sites of the owner or operator are excepted from
this requirement; and
(d)
The mutual minimum separation distances (defined by policy in Development Plan
By-law No. 3-2010) between livestock operations and single residences and
designated rural residential and seasonal recreation areas are provided for in TABLE
12-2:
MINIMUM
SEPARATION
DISTANCES
FOR
SITING
LIVESTOCK
OPERATIONS in PART 12 and Section 12.5 Livestock Operations Development in
Buffer Areas in PART 12.
5.5
High Water Table Areas
Groundwater conditions are highly variable throughout the Municipality, and in some areas
the groundwater table may be very close to the surface. Sufficient measures should be
included in the design of buildings to adequately protect basements from groundwater
infiltration.
5.6
Site Reduced by Road Widening
Where the site area or site width of a parcel of land has been reduced as a result of land
acquired for the establishment or widening of a public road or drain, or for any other public
work, the land which has been acquired shall be deemed to part of the site for purposes of
determining compliance with the minimum site area and site width requirements and required
yards for existing buildings as specified by this by-law. However, where new buildings or
structures are proposed, the required yards shall be determined by the location of actual site
boundaries.
5.7
Building Removal
Upon completion of removal or demolition of a building from a site, the old foundation shall
be removed, any excavation shall be filled, the ground shall be leveled and the site shall be
put in a safe condition to the satisfaction of the Development Officer.
5.8
Road Access
No permanent building may be constructed or placed on a site, which does not have legal
access to an improved public road except as provided for in section 4.7 of PART 4. Legal
access to an improved road allowance may be obtained through an easement agreement.
5.9
Service Connections
Where a site is served by municipal piped sewer or water, no permanent principal building
shall be constructed or placed unless it is connected to such services.
5.10
Public Monuments and Cairns
Nothing in this by-law shall be so interpreted as to interfere with the establishment of public
monuments and cairns.
RM of North Norfolk Zoning By-Law
12
5.11
Signs
5.11.1 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 railway crossing and every sign shall conform with the
requirements of the provincial highway authority when located within the highway control
areas adjacent to Provincial Trunk Highways and Provincial Roads.
5.11.2 All signs and their support structures shall be kept in good repair. Signs which have become
obsolete because of the discontinuance of the business or service and have not been
removed or relocated within thirty (30) days following such condition may be removed by the
Municipality at the owner's expense.
5.11.3 A change in the subject matter represented on a sign shall not be considered a change in
use, and a sign may be structurally altered, reconstructed or replaced in the same location
and position provided that such structural alteration, reconstruction or replacement conforms
to the provisions of this By-law.
5.11.4 The placing of a sign structure within the control lines and circles of a Provincial Road or
Provincial Trunk Highway shall require a permit from the appropriate authority.
5.11.5 No provisions of this By-law, other than subsection 5.11 1 above, shall be construed so as to
limit the following types of signs which are permitted in all zones:
(a)
Signs required to be maintained by law or governmental order, rule, or regulation;
(b)
Non-combustible memorial signs built into or attached to a building or structure bearing
on the date of the erection of the building or structure or a written commemoration of a
person or event;
(c)
Signs of a duly constituted governmental body, including traffic or regulating devices,
legal notices, railway crossing signs and danger and other emergency signs;
(d)
Signs required for the direction and convenience of the public, including signs which
identify rest rooms or parking entrances or exits, not exceeding ten (10) square feet in
area;
(e)
Flags or emblems of a political, civic, educational or religious organization; and
(f)
Temporary signs, such as campaign signs to be removed within fifteen (15) days
following the date of the vote.
5.12
Temporary Buildings and Uses
5.12.1 Temporary buildings, structures and uses of land are permitted on a site in connection with
road construction or construction and development on that or a nearby site, subject to the
issuance of a Development Permit and only for the following purposes:
(a)
Offices for the contractor or developer, project supervisor or safety personnel;
(b)
Accommodation for a caretaker;
(c)
Storage of materials and equipment;
RM of North Norfolk Zoning By-Law
13
(d)
Temporary accommodations, field offices and temporary concrete or asphalt plants
involved with road construction projects, provided that a minimum separation distance
of one thousand three hundred twenty (1,320) feet is provided between an asphalt or
concrete plant and the nearest habitable building or residence;
(e)
A development permit for a temporary building or structure or use shall be valid for six
(6) months and may not be renewed for more than two (2) successive six (6) month
periods; and
(f)
Notwithstanding section 4.4 of PART 4, a wheelchair ramp may extend into the
required yard of a residence, subject to the issuance of a development permit.
5.13
Road Allowances
No building or structure shall be erected upon any land designated for a future road
allowance by Council. Any development adjacent to said future road allowance shall comply
with the requirements of this By-law as if the said future road allowance was already in
existence.
5.14
Basement Accommodations
A dwelling unit or living accommodation for a boarder shall not be located in a basement
unless it complies with the provisions of The Manitoba Building Code with regard to various
features, including but not limited to floor area, room height, stairs, egress, fire separation,
sanitary facilities, windows and smoke alarms.
5.15
Noxious or Offensive Uses
Notwithstanding anything contained herein, no use shall be permitted in any zone which may
be noxious or offensive by reason of the emission or production of odour, dust, refuse
matter, wastes, vapour, smoke, gas, vibration or noise. If the use is permitted in the subject
zone, satisfactory measures shall be undertaken to mitigate or eliminate such effects and all
necessary licensing has been obtained from provincial regulatory authorities, as required.
5.16
Mobile Home Provisions
All mobile homes which are either newly sited or relocated within The Rural Municipality of
North Norfolk after the effective date of this By-law, shall conform to the requirements of The
Buildings and Mobile Homes Act as may be amended from time to time and C.S.A.
standards pertaining to construction, site preparation, foundation and anchorage. The
undercarriage of all mobile homes shall be fully concealed by skirting which is either pre-
finished or painted to complement the mobile home.
5.17
Parking Lot Design
All parking lots shall conform to the provisions of the following TABLE 5-1 PARKING AREA
DIMENSIONS and drawing.
RM of North Norfolk Zoning By-Law
14
TABLE 5-1: PARKING AREA DIMENSIONS
Angle of
Parking
(degrees)
MINIMUM REQUIREMENTS
Width of
Stall
(ft)
Width of
Aisle
(ft)
Depth
Perpendicular
To Aisle (ft)
Width
Parallel to
Aisle (ft)
a
b
c
d
e
30
9
12
15
17
45
9
12
18
12
60
9
20
20
10
90
9
24
20
9
5.18
Multiple Uses
Where any land or building is used for more than one purpose, all provisions of this By-law
relating to each use shall be satisfied. When there is conflict such as the case of site area
and site frontage, the higher or more stringent requirement shall prevail. In some cases, as
determined by Council, the site area may equal the sum of site area requirements for all
uses.
RM of North Norfolk Zoning By-Law
15
PART 6: RURAL/AGRICULTURE ZONE
6.1
Permitted and Conditional Uses
TABLE 6-1: RURAL/AGRICULTURE USE AND BULK TABLE lists all uses that are
permitted or conditional in the "R/A" Rural/Agriculture Zone and sets forth the minimum bulk
regulations for these uses.
TABLE 6-1: "R/A" RURAL/AGRICULTURE USE AND BULK TABLE
USES
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)(b)
Rear
Yard
(feet)
(a)(b)
PERMITTED USES
Advertising Signs, less than 50 sq. ft. in area
-
-
50(c)
25
25
Agricultural Activities, General
80
1,000
125
25
25
Agriculture Activities, Specialized (d)
2
200
125
25
25
Dwellings, Farm and Non-farm (e)
2(f)
200
125
25
25
Existing Uses (g)
-
-
125
25
25
Livestock Operations producing less than 300
Animal Units (AUs) (h) [See Part 12, sections 12.2
to12.6]
80
1,000
125
25
25
Market Gardens, Nurseries or Greenhouses (i)
2
200
125
25
25
Public Utilities (See 2.1.5 and 2.1.6)
Not Applicable
CONDITIONAL USES
Advertising Signs, exceeding 50 sq. ft. in area (i)
-
-
125
25
25
Agriculture Related Industries or Processing Plants
(i)
10
400
125
25
25
Aircraft Landing Strips (j)
10
200
125
25
25
Auction Marts (i)
2(f)
200
125
25
25
Automobile Service Stations, including accessory
restaurants or commercial stores (i)
2
200
125
25
25
Cemeteries (i)
2(f)
200
125
25
25
Earth Moving Contractors and Ready-Mix Concrete
Suppliers (i)
2(f)
200
125
25
25
Establishments for the storage, handling or
processing of agricultural produce, in return for
remuneration (i)
2
200
125
25
25
Establishments for the sales, storage or distribution
of agricultural supplies, equipment or structures (i)
2(f)
200
125(k)
25(k)
25(k)
RM of North Norfolk Zoning By-Law
16
TABLE 6-1: "R/A" RURAL/AGRICULTURE USE AND BULK TABLE
USES
MINIMUM REQUIREMENTS
SITE SIZE
REQUIRED YARDS
Site
Area
(acres)
Site
Width
(feet)
Front
Yard
(feet)
(a)
Side
Yard
(feet)
(a)(b)
Rear
Yard
(feet)
(a)(b)
Establishments for the sales, storage or distribution
of chemical fertilizers, herbicides, pesticides,
fungicides, insecticides and similar uses (i)
-
Anhydrous Ammonia (l)
-
Other
5
2
300
200
125(k)
125(k)
25(k)
25(k)
25(k)
25(k)
Establishments related to the harvesting of natural
resources such as forestry (i)
2(f)
200
125
25
25
Fur Farms (i)
2(f)
200
125
25
25
Guest Houses, Outfitting Cabins, Lodges and similar
uses
2
200
125
25
25
Kennels (i)
2(f)
200
125
25
25
Livestock Operations producing 300 or greater
Animal Units (AUs), irrespective of location (h) [See
Part 12, sections 12.2 to 12.6]
80
1,000
125
25
25
Manufacturing, Fabricating, Machining, Processing
or Repair Establishments (l)
2(f)
200
125
25
25
Motor Vehicle or Agricultural Equipment Body
Shops, Salvage or Wrecking Operations (i)
2(f)
200
125
25
25
Museums or Historic Sites (i)
2(f)
200
125
25
25
Public Works Compounds and Maintenance
Buildings (i)
2(f)
200
125
25
25
Religious and Educational Institutions (l)
2(f)
200
125
25
25
Residential Care Facilities for five or more persons
(l)
2(f)
200
125
25
25
Riding Academies and Stables (i)
2
200
125
25
25
Sewage Lagoons (i)
2
200
125
25
25
Surface Mining Operations, including gravel pits (i)
2
200
125
25
25
Telecommunications Towers (i)
2(f)
200
125
25
25
Trucking Establishments (i)
2(f)
200
125
25
25
Veterinary Clinics (i)
2(f)
200
125
25
25
Waste Disposal Sites (i)
2
200
125
25
25
Wind Turbine Generator Stations (WTGS) (m)
[See section 12.10 of PART 12]
16
835
(m)
(m)
(m)
ACCESSORY USES, BUILDINGS AND STRUCTURES
-
-
125
25
25
RM of North Norfolk Zoning By-Law
17
The following notations and additional requirements form part of TABLE 6-1:
(a)
Where a site line is adjacent to a Provincial Trunk Highway or Provincial Road, the
setback requirements and changes thereto, of the provincial highway authorities shall
apply;
(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 or rear yard shall be one
hundred twenty-five (125) feet;
(c)
Where an advertising sign is adjacent to a Provincial Trunk Highway or Provincial
Road, the setback requirements and changes thereto of the provincial highway
authorities shall apply;
(d)
Council may require the applicant to submit a physical site plan and business plan
proposal for the agricultural specialized use. Apiaries shall be considered as a
conditional use when proposed to be located within one (1) mile of designated urban
communities identified on MAPS 3-6 of Appendix "A" of this By-law;
(e)
Residential subdivisions in the "R/A" Zone are allowed only in accordance with the
Rural Farm and Non-Farm Residential Subdivision policies of The Nor-Mac Planning
District Development Plan:
(i)
the minimum dwelling unit floor area shall be 600 square feet; and
(ii)
a residence shall be separated by a distance of one and one-half (1.5) times the
maximum height of a communication tower located in the immediate vicinity of
the proposed residence's location;
(f)
The maximum site area shall be ten (10) acres, unless physical features of the site,
such as natural drains, shelterbelts, etc. indicate that a slightly larger site would be
appropriate;
(g)
Existing uses in the Rural/Agriculture Zone at the time of adoption of this By-law, which
do not otherwise conform to TABLE 6-1 shall be considered as permitted uses for the
site upon which they are located. Expansion of said uses shall be limited to the site
associated with them at the time of adoption of this By-law and will be subject to all
other requirements of this By-law.
(h)
New or expanding livestock operations are deemed to be a conditional use when the
total number of Animal Units (AUs) inclusive of all animal species reaches three
hundred (300). Livestock operations of less than three hundred (300) Animal Urnits
(AUs) that are in close proximity to residences, recreation areas and designated urban
communities identified on MAPS 3-6 of Appendix "A" of this By-law are regulated as
outlined in sections 12.2 to 12.6 of PART 12. Applications to establish new or expand
existing livestock operations as permitted or conditional uses must be made on the
forms prescribed by Council and provide information required under PART 13 of this
Bylaw. Each approved livestock operation may be required to file an annual manure
management plan with Manitoba Conservation and The Rural Municipality of North
Norfolk at the request of Council;
RM of North Norfolk Zoning By-Law
18
(i)
Where the site of the proposed development is located within one thousand (1,000)
feet of a Provincial Trunk Highway, or within one half (1/2) mile of a highway
intersection, the proposal may be referred to Manitoba Infrastructure and
Transportation for review and comment;
(j)
Proposed aircraft landing strips development and related storage facilities shall be
subject to Transport Canada requirements and/or recommendations where applicable;
(k)
For separation distances for hazardous materials, including but not necessarily limited
to anhydrous ammonia storage facilities see section 12.11 of PART 12;
(l)
These uses may be allowed provided they are incidental and accessory to a primary
agricultural use;
(m) Each wind turbine generator station (WTGS) site shall be used for the location of the
wind turbine generator tower(s) and/or the associated buildings and infrastructure.
This is the principal use of the (WTGS) site and it shall be limited to a maximum site
area of 160 acres. The land within the (WTGS) site that is not used for the facility may
be used for compatible agricultural activities provided provisions of this By-law are
maintained. In addition to the bulk requirements of TABLE 6-1, the yards and
separation distances shall be as follows:
(i)
all tower yards shall be (1.1) times the total height of the tower plus rotor from
any other titled property, including the boundary of a railway right-of-way. Note
exception, this setback distance with respect to the title property lines shall be
400 feet for wind turbines located where the property line(s) nearest to any given
wind turbine define and separate properties belonging to the same landowner
with a lease of the same type and duration;
(ii)
all tower yards shall be (1.1) times the total height of the tower plus rotor from all
government road allowances, any other public roads and Provincial roads. The
location of these towers within greater highway control areas shall be (1.5) times
the height of the tower plus rotor when adjacent to Provincial Trunk Highways
and shall be subject to the approval of the Province;
(iii)
all tower yards that do not coincide with a title property boundary or road
allowance shall be equal to the height of the tower plus the rotor in depth;
(iv)
all accessory uses yards (front, side and rear) associated with the (WTGS) shall
be 135 feet in depth;
(v)
the tower base shall be one and one half (1.5) times the total height of the tower
plus rotor from dwellings associated with the (WTGS);
(vi)
the tower base shall be one (1) times the total height of the tower plus rotor from
non-dwelling principal structures;
(vii) the tower base shall be (1640 feet) from all dwellings or other habitable buildings
(e.g. motel) not associated with the (WTGS);
(viii) the tower base shall be one half mile (2640 feet) from a designated urban area,
rural residential area or a seasonal recreation area; and
RM of North Norfolk Zoning By-Law
19
(ix)
the WTGS facility shall be separated by a distance of 5280 feet (1 mile), of any
area which has been designated as a provincial park, wildlife management area,
ecological reserve, or lands identified to contain "sensitive ecological habitat".
6.2
Accessory Uses, Buildings and Structures
6.2.1
In the "R/A" Rural/Agriculture Zone, an accessory use building or structure includes, but is
not limited to, the following:
(a)
Farm dwelling as the principal residence of the use served to include a single-family
dwelling, mobile or modular home when on the same site as a permitted or approved
agricultural activity (and subject to special separation distances as provided in PART
12;
(b)
Staff dwellings including single-family dwellings, two-family dwellings, mobile or
modular homes when on the same site as a permitted or approved agricultural activity
where in the opinion of Council, staff dwellings are essential for the continuance of the
operation and subject to special separation distances as provided in PART 12;
(c)
Farm buildings and structures, including barns, machine sheds, corrals, grain bins and
similar structures;
(d)
Storage of goods used in or produced by agricultural activities and located on the
same site with said use;
(e)
Vacation farms and bed and breakfast operations;
(f)
Child care services;
(g)
Residential care facilities for four (4) persons or less;
(h)
Child's playhouse, garden house, private greenhouse, a summer house, private
swimming pool, sidewalks, patios, decks, fences and similar landscaping features;
(i)
A private garage or carport, covered patio, tool house, shed and other similar buildings
for the storage of domestic equipment and supplies;
(j)
Individual sewage disposal system, subject to environmental regulations;
(k)
Private communications facilities including parabolic antennae and radio towers;
(l)
Home-based businesses as provided for in section 12.1 of PART 12;
(m) Private airfields and related structures;
(n)
Business and identification signs up to a maximum size of one hundred (100) square
feet of sign surface area, and to a maximum of two (2) signs per site;
(o)
Mobile or temporary signs for the purpose of advertising a social, community or family
related event or a business activity provided the sign is on the same site as the activity
or event;
RM of North Norfolk Zoning By-Law
20
(p)
Other incidental signs, including real estate and construction signs up to a maximum
size of thirty-two (32) square feet of sign surface area and "No hunting" and "No
trespassing" signs up to a maximum size of ten (10) square feet of sign surface area;
and
(q)
In the case of non-farm uses as provided for in TABLE 6-1, the following buildings,
structures and uses are deemed to be accessory:
(i)
facilities related to the production, processing, cleaning, servicing, altering,
testing, repair or storage of materials or equipment normally incidental to the
principal use, provided that the said facilities are located on the same site as the
principal use;
(ii)
one dwelling, modular or mobile home for the use of the owner or operator of the
principal use, provided that it is located on the same site as the principal use; and
(iii)
accessory domestic residential buildings and structures, when incidental to a
dwelling or mobile home as provided for in clauses (h) to (l) of this subsection.
6.3
Projections into Required Yards
All required yards specified for any use shall be located on the same site as the use, and
shall be maintained as open space. Building components such as eaves, awnings,
chimneys, canopies, bay windows, alcoves, exterior steps, open decks and similar features
may project into any required yard up to a maximum of five (5) feet. Subject to sections 4.3
and 4.4 of PART 4, various driveways, trees, fences, hedges, and similar landscaping
features, along with building services such as wells and septic fields, are permitted in any
required yard.
RM of North Norfolk Zoning By-Law
21
PART
7:
RURAL
RESIDENTIAL
AND
SEASONAL
RECREATION
GENERAL ZONES
7.1
Permitted and Conditional Uses
TABLE 7-1: RURAL RESIDENTIAL AND SEASONAL RECREATION GENERAL USE
TABLE lists all uses that are permitted or conditional in the "RR" Rural Residential and
"SRG" Seasonal Recreation General Zones.
TABLE 7-1: RURAL RESIDENTIAL AND SEASONAL RECREATION GENERAL USE TABLE
LEGEND:
"P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
"RR"
Zone
"SRG"
Zone
Accommodation Facilities, including motels
-
C
Agricultural Activities, General including field cropping and forage but not
including livestock operations except as provided in clause 7.2.1(j) of section 7.2
herein or bees
P
-
Bed and Breakfast Establishments (more than 2 guest rooms)
C
C
Boarding, Rooming and Lodging homes
C
C
Camping and Tenting Grounds
-
C
Clubs, Private or Public
-
C
Commercial Resorts and Marinas
-
C
Convenience Stores
-
C
Cottages
-
P
Dwellings including mobile, modular and single-family homes
P
C
Golf Courses
-
C
Group and Church Camps
-
C
Group Day Care Facilities for 9 or more children
C
-
Parks and Playgrounds
P
P
Public Docks and Boat Houses
-
C
Public Utilities, except telecommunication towers
P
P
Recreation Facilities, including associated or compatible uses
-
C
Religious Institutions
C
C
Residential Care Facilities for 3 or more adults or children
C
-
Restaurants
-
C
ACCESSORY USES, BUILDINGS AND STRUCTURES
P
P
RM of North Norfolk Zoning By-Law
22
7.2
Accessory Uses, Buildings and Structures
7.2.1
In the "RR" and "SRG" Zones, a permitted accessory use, building or structure includes, but
is not limited to, the following uses, buildings or structures, which shall be permitted on the
same site as a principal building, structure or use, and shall be subject to the provisions of
section 7.3 of this PART:
(a)
A private garage, carport, covered patio, tool house, shed, or other similar building;
(b)
A private swimming pool, greenhouse, garden house, conservatory or child's
playhouse;
(c)
Accessory off-street parking areas as required and further regulated in section 7.4 of
this PART;
(d)
Antennas, including satellite dish antennas;
(e)
Fences and walls, subject to the additional provisions of section 7.5 of this PART;
(f)
Decks, patios, sidewalks, wheelchair ramps, gazebos, statuary, flagpoles and similar
landscaping features;
(g)
Home-based businesses incidental to or secondary to the residential use of a dwelling
unit or mobile home as regulated in section 12.1 of PART 1 including:
(i)
home day care services for eight (8) or less children;
(ii)
bed and breakfast operations containing 2 guest rooms or less;
(iii)
boarding, rooming or lodging facilities for 2 persons or less;
(iv)
residential care facilities to a maximum of two (2) persons; and
(v)
any other home-based business not listed herein;
(h)
Signs, subject to the additional provisions of section 7.6 of this PART;
(i)
Refuse and garbage disposal containers; and
(j)
The keeping of livestock shall not be permitted on residential sites in the "RR" Zone of
two (2) acres or less in site area, and where the site exceeds two (2) acres in site area,
the keeping of livestock may be allowed as a conditional use, subject to approval by
Council in accordance with the Planning Act and section 13.8 of PART 13 of this By-
law, provided that the maximum number of animal units does not exceed one (1)
animal unit per acre of site.
7.3
Rural Residential and Seasonal Recreation General Bulk Regulations
7.3.1
The Rural Residential and Seasonal Recreation General Bulk Regulations shall be as set
forth in TABLE 7-2: RURAL RESIDENTIAL AND SEASONAL RECREATION GENERAL
BULK TABLE and shall apply to all permitted and conditional uses. These regulations are
intended to provide for adequate space for the buildings, vehicular parking, and private
outdoor recreation areas, as well as to provide for convenient access for vehicles and
pedestrians, for sufficient space for the purposes of privacy, maintenance of the building or
structure, and a measure of fire protection.
7.3.2
The owner shall maintain the minimum site area, site width, required yards and other
requirements specified herein for any use.
RM of North Norfolk Zoning By-Law
23
7.3.3
Not more than one principal building or use and its accessory buildings, structures, and uses
shall be permitted on one site, with the exception of mobile homes located in a mobile home
park.
7.3.4
No parcel of land shall be subdivided into sites, unless each site conforms with the bulk
regulations as set forth in TABLE 7-2.
7.3.5
No required yard shall be reduced below the minimum requirements as set forth in TABLE 7-
2 unless a minor variation or variation order is obtained in accordance with the provisions of
The Planning Act.
TABLE 7-2: RURAL RESIDENTIAL AND SEASONAL RECREATION GENERAL BULK TABLE
PERMITTED AND
CONDITIONAL
USES
MINIMUM REQUIREMENTS (a)(b)
SITE SIZE
REQUIRED YARDS
Site
Area
(feet)
Site
Width
(feet)
Front
Yard
(feet)(c)
Side
Yard
(feet)(c)
Rear Yard
(feet) (c)
Cottages and Permanent Dwellings in "SRG"
Zone (d)
15,000
75
20
10(e)
25
Docks and Boat Facilities in "SRG" Zone (f)
12,000
75
20
10
25
Golf Courses in "SRG" Zone
40 acres
660
125
25
25
Parks and Playgrounds in "SRG" Zone
12,000
75
20
10
25
Public Utilities
5,000(g)
50(g)
25(g)
5(e)(g)
25(g)
All other permitted or conditional uses in
"SRG" Zone
30,000
100
25
15
25
Agricultural General Activities in the "RR"
Zone
20 acres
400
125
25
25
Dwellings, including mobile, modular and
single-family homes in the "RR" Zone
2 acres
200
125
25
25
All other permitted or conditional uses in the
"RR" Zone
2 acres
200
125
25
25
ACCESSORY USES, BUILDINGS AND
STRUCTURES (h)
-
-
(i)
5(j)(k)
5(k)(l)
The following notations and exceptions form part of TABLE 7-2:
(a)
The maximum height of all buildings and structures shall not exceed thirty (30) feet with
the following exceptions:
(i)
the maximum height for accessory buildings and structures shall not exceed twelve
(12) feet in the Rural Residential Zone; and
(ii)
there shall be no maximum height requirement for structures such as church
spires, radio masts and flagpoles.
(b)
The minimum required floor area for dwellings, mobile or modular homes and cottages
shall be six hundred (600) square feet;
(c)
Yard requirements for all buildings and structures, including signs, within one hundred
and twenty-five (125) feet of provincial trunk highways and provincial roads shall be
determined by and subject to the approval of provincial highway authorities, and the
provisions of this TABLE shall not apply under these circumstances;
RM of North Norfolk Zoning By-Law
24
(d)
Holding tanks or other approved systems of waste disposal shall be required for future
developments in the "SRG" Zone;
(e)
When located on a corner site, the minimum required side yard on the street side of the
site shall be fifteen (15) feet for all principal and accessory buildings and structures;
(f)
The bulk regulations only apply to shore land development in association with these
uses;
(g)
Where the proposed development consists of a building or structure less than one
hundred (100) square feet in floor area, a small 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;
(h)
Where the accessory building or structure is attached to the principal building or
structure, it shall be deemed to be part of the principal building or structure and subject to
the requirements governing the principal building or structure;
(i)
The minimum required front yard for accessory buildings or structures shall be the same
as the minimum required front yard for the principal building or structure;
(j)
When located to the rear of the principal building, the minimum required side yard for
accessory buildings and structures shall be three (3) feet in the "SRG" Zone;
(k)
Where an accessory building is used for the storage of a motor vehicle, the wall which
contains the vehicular access door shall be set back a minimum distance of ten (10) feet
from a public lane in the "SRG" Zone; and
(l)
Where the rear site line is not adjacent to a public lane, the minimum required rear yard
for accessory buildings and structures shall be three (3) feet in the "SRG" Zone.
7.4
Parking
7.4.1
At least one accessory off-street parking space shall be provided for each residential use or
for each suite or room in a motel or boarding house, and shall be located on the same site as
the use served.
7.4.2
For residential uses, at least one on-site permanent vehicular parking space shall be
provided at a location other than the required front yard, and not more than two (2) open
vehicular parking spaces shall be provided within the required front yard.
7.4.3
Where an accessory parking lot is provided for three (3) or more vehicles, the design of the
parking including all exits and entrances shall conform to the provisions set out in section
5.17 and TABLE 5-1 of PART 5 of this By-law.
7.4.4
Where an accessory parking lot is required for five or more vehicles, the design of the
parking lot shall be subject to the approval of the Development Officer.
7.4.5
When a building or structure is enlarged or a use is changed, the accessory off-street parking
spaces shall be provided for the enlargement, change, or new use, in accordance with the
provisions of this section.
7.4.6
All required off-street parking shall be located on the same site as the use served, unless a
variation order is obtained for parking spaces located elsewhere.
RM of North Norfolk Zoning By-Law
25
7.5
Fences and Walls
7.5.1
The following provisions shall apply to all fences and walls for all uses:
(a)
Within a required front yard, no fence or wall shall exceed a height of three (3) feet above
grade of land within two (2) feet of each side of the fence; and
(b)
Within a required side yard or required rear yard, no fence or wall shall exceed a height
of seven (7) feet above the average grade of land within two (2) feet of each side of the
fence.
7.5.2
No chain link fence shall be constructed or located within any required front yard of any
residential building or mobile home.
7.5.3
No electric fence or no barbed wire fence shall be constructed or located within any residential
site.
7.6
Signs
7.6.1
The following accessory signs are permitted in the "RR" and "SRG" Zones and may be
installed without the issuance of a development permit as provided for in subsection 13.6.3 of
PART 13:
(a)
One identification sign identifying a dwelling or cottage not exceeding four (4) square feet
in surface area per site in the "SRG" Zone and ten (10) square feet in the "RR" Zone;
(b)
One bulletin board not exceeding sixteen (16) square feet in surface area per site for
religious institutions;
(c)
One business sign for a home-based business not exceeding four (4) square feet in
surface area;
(d)
One temporary real estate sign or construction sign not exceeding sixteen (16) square
feet in surface area per site; and
(e)
Temporary posters, bulletins, legal notices and the like.
7.6.2
Notwithstanding subsection 7.6.1 above, the following accessory signs are also permitted in
the "RR" and "SRG" Zones, without the issuance of a development permit, but the location of
these signs on the site shall be subject to the approval of the Development Officer:
(a)
One identification sign not exceeding thirty-two (32) square feet in surface area per site
for religious institutions and other non-residential buildings; and
(b)
One mobile sign or temporary sign for the purpose of advertising a social, community or
family related event for a period of six (6) days, including the day of the event, provided
the sign is on the same site as the event and is set back five (5) feet from site lines
except where two intersecting streets or a street and lane intersect in which case the
minimum setback from the corner site lines on the street or side is fifteen (15) feet.
7.6.3
All signs in the "RR" and "SRG" Zones shall not contain any animated components or any
internal illumination, or any flashing, rotating or scintillating lights.
RM of North Norfolk Zoning By-Law
26
PART 8: GENERAL DEVELOPMENT ZONE
8.1
Permitted and Conditional Uses
TABLE 8-1: GENERAL DEVELOPMENT USE AND BULK TABLE lists all uses that are
permitted or conditional in the "GD" General Development Zone and sets forth the minimum
bulk regulations for those uses.
TABLE 8-1: "GD" GENERAL DEVELOPMENT ZONE - USE AND BULK TABLE
USES
MINIMUM REQUIREMENTS(a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
(b)
Side
Yard
(feet)
(b)
Rear
Yard
(feet)
(b)
PERMITTED USES
Accommodation Facilities, including Hotels and
Motels
15,000
100
25
15
25
Advertising Signs less than 50 sq. ft. in area
-
-
25
15
15
Agricultural Activities, limited to cereal and
forage crops, market gardening, nurseries and
greenhouses, except for limited livestock as
provided for in section 12.7 of PART 12
40
acres
300
125
25
25
Bakeries
15,000
100
25(c)
15(c)
25
Campgrounds
20,000
100
25
15
25
Cultural Facilities, including auditoriums,
community clubs and halls, libraries, museums,
theatres, and historic sites
15,000
100
25(c)
15(c)
25(c)
Dwellings, single-family
15,000
100
25
15(c)
25
Dwellings, mobile home
15,000
100
25
15(c)
25
Dwellings, modular home
15,000
100
25
15
25
Dwellings, two-family
15,000
100
25
15
25
Emergency Services, including police and fire
stations
15,000
100
25
15
25(c)
Establishments for the provision of personal
services, including offices, financial institutions,
clinics, salons, day care facilities and funeral
homes
15,000
100
25(c)
15(c)
25(c)
Establishments for the sale of goods or
services, provided that all storage is within a
fully enclosed building
15,000
100
25(c)
15(c)
25(c)
Exhibition Grounds
20,000
100
25
15
25
Food or Beverage Service Establishments
15,000
100(c)
25(c)
15(c)
25(c)
Institutional Buildings, including schools,
personal care homes and senior citizen homes
20,000
100
25
15
25
Nurseries or Greenhouses
15,000
100
25
15
25
Parks or Playgrounds
7,500
60
-
-
-
RM of North Norfolk Zoning By-Law
27
TABLE 8-1: "GD" GENERAL DEVELOPMENT ZONE - USE AND BULK TABLE
USES
MINIMUM REQUIREMENTS(a)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
(b)
Side
Yard
(feet)
(b)
Rear
Yard
(feet)
(b)
Public Parking Areas
7,500
50
-
-
-
Public Utilities
15,000
(d)
100
(d)
25
(c)(d)
15
(c)(d)
25
(c)(d)
Recreation Facilities
15,000
100
25(c)
15(c)
25
(c)(e)
Religious Institutions
15,000
100
25(c)
15(c)
25(c)
CONDITIONAL USES
Advertising Signs exceeding 50 sq. ft in area
-
-
25
15
25
Bed and Breakfast with 3 or more guest rooms
15,000
100
25(c)
15(c)
25(c)
Boarding or Rooming Houses with 3 or more
boarders
15,000
100
25(c)
15(c)
25(c)
Clubs, Private or Public
15,000
100
25(c)
15(c)
25(c)
Dwellings, multiple-family
15,000
(e)
100
25
15
25
Earth Moving Contractors and Ready-Mix
Concrete Suppliers
15,000
100
25
15
25
Establishments for the storage, handling or
processing of agricultural produce, in return for
remuneration
15,000
100
25
15(h
25(h
Establishments for the sales, storage or
distribution of agricultural supplies, equipment
or structures, including bulk fuel establishments
15,000
100
25
15(h
25(h)
Establishments for the sale of goods and
services, where there is exterior storage of
products
15,000
100
25(c)
15(c)
25(c)
Group Day Care Facilities for 9 or more
children
15,000
100
25(c)
15(c)
25(c)
Manufacturing, Fabricating, Machining,
Processing or Repair Establishments
15,000
100
25(c)
15(c)
25(c)
Public Works Compounds and Maintenance
Buildings
15,000
100
25
15
25
Residential Care Facilities for 3 or more adults
or children
15,000
100
25
15
25
Sewage Lagoons
15,000
100
25
15
25
Storage Facilities and Compounds, Exterior,
non-hazardous materials
15,000
100
25
15
25
Trucking Establishments
15,000
100
25
15
25
Veterinary Clinics
15,000
100
25
15
25
ACCESSORY USES, BUILDINGS AND
STRUCTURES
-
-
(f)
5(g)(h)
5(g)(h)
RM of North Norfolk Zoning By-Law
28
(a)
In addition to the minimum requirements of this TABLE, the following requirements
shall also apply:
i)
maximum allowable height for all principal buildings and structures shall be thirty
(30) feet, except for grain storage structures, fuel and fertilizer storage tanks and
church steeples;
ii)
maximum allowable height for all accessory buildings and structures shall be
fifteen (15) feet, if accessory to a residence, and eighteen (18) feet if accessory
to a non-residential use, except for grain storage structures, fuel and fertilizer
storage tanks, church steeples and telecommunications towers; and
iii)
minimum dwelling unit area shall be six hundred (600) square feet for a
residential building, and four hundred (400) square feet for dwelling units in a
multiple-family dwelling or an accessory residential suite within a commercial
building;
(b)
Where the site line is adjacent to a Provincial Trunk Highway or Provincial Road, the
setback requirements and changes thereto, of the provincial highway authorities shall
apply;
(c)
When located in the central business area of the community, the minimum required
yard shall be five (5) feet;
(d)
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
building or structure separation distance of seven (7) feet is maintained from all site
lines;
(e)
The minimum required site area for the first three (3) dwelling units shall be fifteen
thousand (15,000) 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;
(f)
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;
(g)
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; and
(h)
Where an accessory building is used for the storage of a motor vehicle, the wall
fronting on to a public lane which contains the vehicular access door shall be set back
a minimum distance of ten (10) feet from a public lane.
8.2
Accessory Uses, Buildings and Structures
8.2.1
In residential areas located in the "GD" General Development Zone, an accessory use,
building or structure includes, but is not limited to, the following:
(a)
Private garage or carport, covered patio, toolhouse, shed, boathouse, and other similar
buildings for the storage of domestic equipment and supplies;
RM of North Norfolk Zoning By-Law
29
(b)
Child's playhouse, garden house, private greenhouse, a summer house, private
swimming pool, sidewalks, patios, decks, fences and similar landscaping features;
(c)
Home-based businesses incidental to or secondary to the residential use of a dwelling
unit or mobile home as regulated in section 12.1 of PART 12 including:
(i)
bed and breakfast operations containing 2 guest rooms or less;
(ii)
boarding, rooming or lodging facilities for 2 persons or less;
(iii)
home day care services for eight (8) or less children;
(iv)
residential care facilities to a maximum of two (2) persons; and
(v)
any other home-based business not listed herein;
(d)
Private communications facilities including parabolic antennae and radio towers;
(e)
Off-street parking areas;
(f)
Water supply and sewage disposal systems, subject to environmental regulations;
(g)
One (1) residential identification sign for each residence, displaying the name of the
owner or resident, or the street address of the premises, or a home-based business
with a maximum sign surface area of six (6) square feet; and
(h)
Temporary real estate and construction signs not exceeding sixteen (16) square feet in
surface area.
8.2.2
In non-residential areas located in the "GD" General Development Zone, an accessory use,
building or structure includes, but is not limited to, the following:
(a)
Facilities related to the production, processing, cleaning, servicing, altering, testing,
repair or storage of materials or equipment, provided that the said facilities are located
on the same site and are under the same ownership as the principal use;
(b)
Off-street parking, loading and display areas;
(c)
Business and identification signs are permitted with a maximum sign surface area per
site or business of one hundred (100) square feet;
(d)
Private water supply and sewage disposal systems, subject to environmental
regulations;
(e)
Private communications facilities including parabolic antennae and radio masts;
(f)
Accessory mobile home or dwelling unit as part of a commercial building for the owner,
operator or caretaker, plus accessory domestic structures including garage,
greenhouse, playhouse, swimming pool, garden shed and toolhouse;
(g)
Farm dwellings when accessory to a permitted agricultural use; and
(h)
Temporary real estate and construction signs not exceeding thirty-two (32) square feet
in surface area.
RM of North Norfolk Zoning By-Law
30
8.3
Projections into Required Yards
All required yards specified for any use shall be located on the same site as the use, and
shall be maintained as open space. The following features are permitted to be located in
required yards unless otherwise specified:
(a)
Portable buildings not exceeding one hundred (100) square feet in floor area for the
storage of domestic equipment may be located within any required interior side yard or
required rear yard, provided that a separation distance of one (1) foot is maintained
from a site line, and a separation distance of three (3) feet is maintained from any
dwelling, mobile or modular home;
(b)
Open terraces, decks and exterior stairway landings not exceeding a height of four (4)
feet above grade, may project up to two and one half (2.5) feet into any required yard,
provided that they do not obstruct any vehicular parking space or vehicular access to
such space;
(c)
Chimneys, alcoves, bay windows, eaves, gutters, canopies, awnings and other similar
building elements, provided they do not project any more than two and one half (2.5)
feet into any required yard and do not obstruct any vehicular parking spaces or
vehicular access to such spaces;
(d)
Driveways and accessory parking spaces, subject to the provisions of section 8.4 of
this PART;
(e)
Uncovered sidewalks, patios, wheelchair ramps, trees, shrubs, trellises, arbours,
retaining walls, flagpoles, lighting fixtures, water wells, and similar features;
(f)
Fences and walls, subject to the provisions of section 8.5 of this PART; and
(g)
Signs, provided there is a minimum separation of five (5) feet from any site line.
8.4
Parking
(a)
At least one accessory off-street parking space shall be provided for each residential
use or for each suite or room in a hotel, motel or boarding house, and shall be located
on the same site as the use served;
(b)
For residential uses, at least one on-site permanent vehicular parking space shall be
provided at a location other than the required front yard, and not more than two (2)
open vehicular parking spaces shall be provided within the required front yard;
(c)
Parking requirements for non-residential uses shall be determined by Council at the
time of the application for a development permit, based upon the anticipated needs of
the proposed uses;
(d)
Where an accessory parking lot is required for five or more vehicles, the design of the
parking lot shall conform to the criteria set out in section 5.17 and TABLE 5-1 of PART
5 and be subject to the approval of the Development Officer;
(e)
Every parking space shall be a minimum width of nine (9) feet and shall be a minimum
length of twenty (20) feet; and
RM of North Norfolk Zoning By-Law
31
(f)
When a building or structure is enlarged or a use is changed, the accessory off-street
parking spaces shall be provided for the enlargement, change, or new use, in
accordance with the provisions of this section.
8.5
Fences and Walls
(a)
The following provisions shall apply to all fences and walls for all uses:
(i)
within a required front yard, no fence or wall shall exceed a height of three (3)
feet above grade of land within two (2) feet of each side of the fence; and
(ii)
within a required side yard or required rear yard, no fence or wall shall exceed a
height of six (6) feet above the average grade of land within two (2) feet of each
side of the fence;
(b)
No chain link fence shall be constructed or located within any required front yard of any
residential building or mobile home; and
(c)
No electric fence or barbed wire fence shall be constructed or located within any
residential site.
8.6
Signs
8.6.1
The following accessory signs are permitted in a residential area and may be installed without
the issuance of a development permit as provided for in subsection 13.6.3 of PART 13:
(a)
One identification sign not exceeding four (4) square feet in surface area per site;
(b)
One bulletin board not exceeding sixteen (16) square feet in surface area per site for
religious institutions;
(c)
One business sign for a home-based business not exceeding four (4) square feet in
surface area;
(d)
One temporary real estate sign or construction sign not exceeding sixteen (16) square
feet in surface area per site; and
(e)
Temporary posters, bulletins, legal notices and the like.
8.6.2
Notwithstanding subsection 8.6.1 above, the following accessory signs are also permitted in a
residential area, without the issuance of a development permit, but the location of these signs
on the site shall be subject to the approval of the Development Officer:
(a)
One identification sign not exceeding thirty-two (32) square feet in surface area per site
for multiple-family dwellings;
(b)
One identification sign not exceeding thirty-two (32) square feet in surface area per site
for religious institutions and other non-residential buildings; and
RM of North Norfolk Zoning By-Law
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(c)
One mobile sign or temporary sign for the purpose of advertising a social, community or
family related event for a period of six (6) days, including the day of the event, provided
the sign is on the same site as the event and is set back five (5) feet from site lines
except where two intersecting streets or a street and lane intersect in which case the
minimum setback from the corner site lines on the street or side is fifteen (15) feet.
8.6.3
All signs in a residential area shall not contain any animated components or any internal
illumination, or any flashing, rotating or scintillating lights.
RM of North Norfolk Zoning By-Law
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PART 9: RESIDENTIAL GENERAL ZONE
9.1
Permitted and Conditional Uses
TABLE 9-1: RESIDENTIAL GENERAL USE TABLE lists all uses that are permitted or
conditional in the "RG" Residential General Zone.
TABLE 9-1: RESIDENTIAL GENERAL USE TABLE
LEGEND
"P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
ZONE
"RG"
Arts and Crafts Studios
C
Bed and Breakfast Establishments with 3 or more guest rooms
C
Boarding, Rooming and Lodging Houses with 3 or more boarders
C
Community Centres and Community Clubs
C
Dwellings:
Single-Family Dwellings
Two-Family Dwellings
Mobile Homes
Modular Homes
Multiple-Family Dwellings, including
three-plexes, four-plexes, row housing and apartment buildings
P
C
C
C
C
Group Day Care Facilities for 9 or more children
C
Mobile Home Park (see 9.7)
C
Parks, Playgrounds and Public Reserves
P
Personal Care Homes and similar institutions
C
Public Utility Buildings
P
Religious Institutions, including churches, church halls, and church
educational facilities
P
Residential Care Facilities for 3 or more adults or children
C
Senior Citizens' Homes
C
ACCESSORY USES, BUILDINGS AND STRUCTURES
P
9.2
Accessory Uses, Buildings and Structures
9.2.1
In the "RG" Zone, a permitted accessory use, building or structure includes, but is not limited
to, the following uses, buildings or structures, which shall be permitted on the same site as a
principal building, structure or use, and shall be subject to the provisions of section 9.3 of
this PART:
(a)
A private garage, carport, covered patio, tool house, shed, or other similar building;
(b)
A private swimming pool, greenhouse, garden house, conservatory or child's
playhouse;
RM of North Norfolk Zoning By-Law
34
(c)
Accessory off-street parking areas as required and further regulated in section 9.4 of
this PART;
(d)
Antennas, including satellite dish antennas;
(e)
Fences and walls, subject to the additional provisions of section 9.5 of this PART;
(f)
Decks, patios, sidewalks, wheelchair ramps, gazebos, statuary, flagpoles and similar
landscaping features;
(g)
Home-based businesses incidental to or secondary to the residential use of a dwelling
unit or mobile home as regulated in section 12.1 of PART 12 including:
(i)
bed and breakfast operations containing 2 guest rooms or less;
(ii)
boarding, rooming or lodging facilities for 2 persons or less;
(iii)
residential care facilities to a maximum of two (2) persons; and
(iv)
any other home-based business not listed herein;
(h)
Home day care services for eight (8) or less children;
(i)
Signs, subject to the additional provisions of section 9.6 of this PART; and
(j)
Refuse and garbage disposal containers, which in the case of multiple-family dwellings
and personal care homes, shall be subject to the approval of the Development Officer
with regard to location on the site.
9.3
Residential General Bulk Regulations
9.3.1
The Residential Bulk Regulations shall be as set forth in TABLE 9-2: RESIDENTIAL
GENERAL BULK TABLE and shall apply to all permitted and conditional uses. These
regulations are intended to provide for adequate space for the buildings, vehicular parking,
and private outdoor recreation areas, as well as to provide for convenient access for vehicles
and pedestrians, for sufficient space for the purposes of privacy, maintenance of the building
or structure, and a measure of fire protection.
9.3.2
The owner shall maintain the minimum site area, site width, required yards and other
requirements specified herein for any use.
9.3.3
Not more than one principal building or use and its accessory buildings, structures, and uses
shall be permitted on one site, with the exception of mobile homes located in a mobile home
park.
9.3.4
No parcel of land shall be subdivided into sites, unless each site conforms with the bulk
regulations as set forth in TABLE 9-2.
9.3.5
No required yard shall be reduced below the minimum requirements as set forth in TABLE 9-
2 unless a minor variation or variation order is obtained in accordance with the provisions of
The Planning Act.
RM of North Norfolk Zoning By-Law
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TABLE 9-2: RESIDENTIAL GENERAL BULK TABLE
PERMITTED
OR
CONDITIONAL
USES
MINIMUM REQUIREMENTS (a)(b)(c)
Site
Area
(sq ft)
Site Width
(ft)
Front
Yard
(ft)(d)
Side Yard
(ft)
Rear
Yard
(ft) (d)
Interior
Corner
Interior
Corner
Arts and Crafts Studios
5,000
50
60
25
5
10
25
Bed and Breakfast
Establishments (more than
2 guest rooms)
7,500
75
75
25
5(e)
10(f)(g)
25
Boarding, Rooming and
Lodging Houses (more
than 2 boarders)
7,500
75
75
25
5(e)
10(f)(g)
25
Community Centres and
Community Clubs
15,000
100
110
25
5(e)
10
25
Dwellings:
Single-Family
Two-Family (i)(j)
Multiple-Family(i)(j)
Mobile & Modular
Homes
Subdivision
Park
5,000
7,500
12,500(l)
5,000
5,000(n)
50
75
75
50
40
60
75
85
60
50
25
25
25
25
15
5(e)
5(k)
10(m)
5(e)
5
10(g)(h)
10(g)
15
10(h)
10(h)
25
25
25
25
10
Group Day Care Facilities
7,500
75
75
25
5(e)
10(g)
25
Parks and Playgrounds
5,000
50
60
25(o)
5(o)
10(o)
25(o)
Personal Care Homes
15,000
100
110
25
10
15
25
Public Utility Buildings
5,000
50
50
25
5
10(h)
25
Religious Institutions
15,000
100
110
30
15
25
25
Residential Care Facilities
for 3 or more adults or
children
7,500
75
75
25
5
10
25
Senior Citizens' Housing
15,000
100
110
25
10
15
25
Accessory Uses, Buildings
and Structures (p)
-
-
-
25
2
10(f)(g)(h)
7(q)
The following notations, exceptions and additional requirements form part of TABLE 9-2:
(a)
The minimum floor area of all dwellings and mobile homes shall be six hundred (600) sq.
ft. and the minimum floor area of all dwelling units in multiple-family residences shall be
four hundred (400) sq. ft.;
(b)
The maximum height of all principal buildings and structures in the "RG" Zone shall be
thirty (30) feet. The maximum height for all accessory buildings and structures shall be
fifteen (15) feet, provided that these requirements shall not apply to building elements
such as chimneys, flagpoles, antennas or church spires;
(c)
Where a site abuts a highway under provincial jurisdiction the owner shall obtain all
permits required for development within the control areas adjacent to a highway;
RM of North Norfolk Zoning By-Law
36
(d)
The minimum front yard requirement and rear yard requirement for a zoning site, where
there are existing buildings on the adjacent sites on both sides of the site, or one side for
a corner site, shall be the average of the existing front yard(s) or existing rear yard(s) of
the said adjacent building(s), provided that the distance is less than the minimum bulk
requirements as specified in this TABLE. The minimum front yard requirement and rear
yard requirement noted above may be used to determine the front and rear yard
requirements 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;
(e)
Where an interior site is not adjacent to a lane, one of the side yards shall be a minimum
of ten (10) feet in width, clear of all projections, except eaves and gutters, in order to
accommodate the required vehicular parking space or to provide for vehicular access to
the rear of the site. This requirement shall not apply where a garage or carport is
attached to the principal building;
(f)
Where an abutting site to the rear contains a front site line which is a continuation of the
corner side site line along the same street, the corner side yard requirement shall be
fifteen (15) feet for principal and accessory buildings or structures, unless otherwise
provided for herein;
(g)
The corner side yard requirement for a private garage or carport with vehicular access
onto the flanking street shall be twenty (20) feet;
(h)
Where the site width of a corner site is fifty (50) feet or less the minimum required corner
side yard shall be fifteen (15%) percent of the actual site width of the specific site, with
the exception of the situation described in footnote (f) above;
(i)
For the purposes of interpreting the requirements of this TABLE, each dwelling unit in a
semi-detached two-family dwelling, a row house or a multiple-family dwelling having a
common party wall, shall be considered as one (1) building occupying one (1) site;
(j)
In the case of semi-detached two family dwellings, a row house or a multiple-family
dwelling having common party walls each dwelling unit may occupy a separate site,
provided that each site is a minimum of three thousand seven hundred fifty (3,750)
square feet in site area and has a minimum site width of thirty (30) feet for interior sites
and forty (40) feet for corner sites. The side yard requirement along the party wall
shall be zero (0) feet, and all other provisions of this TABLE shall apply. This provision
shall also apply to bare land condominium developments;
(k)
Where an interior site is not adjacent to a lane and no garages or carports are attached
to the sides of the dwelling, both side yards shall be a minimum of ten (10) feet in
width, clear of all projections except eaves and gutters, in order to accommodate the
required vehicular parking spaces or to provide for vehicular access to the rear of the
site. This requirement shall not apply where garages or carports are attached to the
principal building;
(l)
Where a multiple-family dwelling contains more than three (3) dwelling units, a
minimum of one thousand (1,000) square feet of site area shall be required for each
additional dwelling unit in order to provide for sufficient parking and outdoor amenity
areas on the site;
(m)
In the case of multiple-family dwellings, the required side yard shall be twenty (20) feet
where the wall of the building exceeds an average height of twenty (20) feet above
grade, or where a living room window or dining room window of any dwelling unit within
the building views directly out on the side yard;
RM of North Norfolk Zoning By-Law
37
(n)
For the purposes of the requirements of this TABLE, a mobile home space shall be
deemed to be a mobile home site;
(o)
The yard requirements shall apply only to buildings and structures other than open
playground structures provided they are set back two (2) feet from any site line;
(p)
Accessory buildings or structures may be attached to the principal building and in such
cases, the accessory building or structure shall be considered as being a part of the
principal building, and the yard requirements for principal buildings shall apply; and
(q)
The minimum rear yard requirement for accessory buildings and structures which do
not have direct vehicular access on to a public lane shall be two (2) feet.
9.3.6
Corner vision triangles shall be maintained at the street corners of all sites located adjacent
to street intersections within the "RG" Zone. The corner vision triangle shall be a triangular
area measured ten (10) feet from the street corner of the lot along each site line adjacent to
the street. No wall, fence, hedge, shrub or other landscaping feature which would
substantially diminish the visibility of motorists shall be allowed to exceed a height of three
(3) feet within these corner vision triangles.
9.3.7
All required yards specified for any use shall be located on the same site as the use, and
shall be maintained as open space. The following features are permitted to be located in
required yards unless otherwise specified:
(a)
Portable buildings not exceeding one hundred (100) square feet in floor area for the
storage of domestic equipment may be located within any required interior side yard or
required rear yard, provided that a separation distance of one (1) foot is maintained from
a site line, and a separation distance of three (3) feet is maintained from any dwelling or
mobile home;
(b)
Open terraces, decks and exterior stairway landings not exceeding a height of four (4)
feet above grade, subject to the following requirements:
(i)
a minimum separation distance of twenty (20) feet from any front site line shall be
maintained;
(ii)
a minimum separation distance of seven (7) feet from the side site line on the
street side of a corner site shall be maintained;
(iii)
a minimum separation distance of two and one half (2.5) feet from any interior side
site line shall be maintained; and
(iv)
vehicular parking spaces or required vehicular access to such spaces shall not be
obstructed;
(c)
Chimneys, alcoves, bay windows, eaves, gutters, canopies, awnings and other similar
building elements, provided that they do not project any more than two (2) feet into any
required yard and do not obstruct any vehicular parking spaces or vehicular access to
such spaces; or in the case of detached accessory buildings located to the rear of the
principal building, eaves and gutters shall not project any more than one (1) foot into
any required yard;
(d)
Driveways and accessory parking spaces, subject to the provisions of section 9.4 of this
PART;
(e)
Uncovered sidewalks, patios, wheelchair ramps, trees, shrubs, trellises, arbours,
retaining walls, flagpoles, lighting fixtures, and similar features;
RM of North Norfolk Zoning By-Law
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(f)
Fences and walls, subject to the provisions of section 9.5 of this PART; and
(g)
Signs subject to the provisions of section 9.6 of this PART.
9.4
Parking
9.4.1
For all permitted and conditional uses in the "RG" Zone, accessory off-street parking shall be
provided and maintained in accordance with TABLE 9-3: RESIDENTIAL GENERAL PARKING
TABLE.
TABLE 9-3: RESIDENTIAL GENERAL PARKING TABLE
USES
MINIMUM NUMBER OF PARKING
SPACES REQUIRED *
Boarding, rooming and lodging houses and
Bed and Breakfast establishments
1 for owner and 1 for each boarder or guest
room
Parks, Playgrounds, Tot Lots and Buffer Strips
0
Public utility buildings
1
Single-family dwellings
1
Mobile Homes and Modular Homes
1
Two-family dwellings
1 per dwelling unit
Multiple-family dwellings containing 3 or more
dwelling units
1.5 per dwelling unit
All other permitted and conditional uses
As determined by Council
*Where the computation of the number of required accessory off-street parking spaces results
in a requirement of a fraction of a 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 parking space.
9.4.2
Accessory off-street parking spaces shall be located on the same site as the use served,
unless a variation order is approved for parking spaces located elsewhere.
9.4.3
At least one permanent accessory parking space per dwelling unit shall be provided at a
location other than in the required front yard.
9.4.4
Accessory parking is allowed within a required front yard, subject to the following provisions:
(a)
No more than two (2) vehicles are parked within the required front yard;
(b)
The parking area is located on a driveway not more than twenty (20) feet in width leading
to a side yard, carport or attached garage; and
(c)
There are no canopies, walls, or other structures within the required front yard.
9.4.5
No accessory parking space shall be located within a horizontal distance of ten (10) feet of the
window of a habitable room within a site containing multiple-family dwellings.
RM of North Norfolk Zoning By-Law
39
9.4.6
Where an accessory parking lot is required for three (3) or more vehicles, the design of the
parking lot, including all exits and entrances, shall conform to the provisions of section 5.17 of
PART 5 herein, and shall be subject to the approval of the Development Officer.
9.4.7
Every parking space shall be designed in accordance with the criteria set out in subsection
5.17 and TABLE 5-1 of PART 5 of this By-law.
9.4.8
When a building or structure is enlarged or a use is changed, the accessory off-street parking
spaces shall be provided for the enlargement, change, or new use, in accordance with the
provisions of subsections 9.4.1 to 9.4.7 of this PART.
9.5
Fences and Walls
9.5.1
The following provisions shall apply to all fences and walls in the "RG" Zone:
(a)
Within a required front yard, no fence or wall shall exceed a height of three (3) feet
above grade of land within two (2) feet of each side of the fence or wall; and
(b)
Within a required side yard or required rear yard, no fence or wall shall exceed a height
of seven (7) feet above the average grade of land within two (2) feet of each side of the
fence or wall, and enclosures for swimming pools shall be subject to the provisions of
The Manitoba Building Code.
9.5.2
No chain link fence shall be constructed or located within any required front yard in the "RG"
Zone.
9.5.3
No above ground electric fence or barbed wire fence shall be constructed or located within the
"RG" Zone.
9.6
Signs
9.6.1
The following accessory signs are permitted in the "RG" Zone and may be installed without the
issuance of a development permit as provided for in subsection 13.6.3 of PART 13:
(a)
One identification sign not exceeding four (4) square feet in surface area per site;
(b)
One bulletin board not exceeding sixteen (16) square feet in surface area per site for
religious institutions;
(c)
One business sign for a home-based business not exceeding four (4) square feet in
surface area;
(d)
One temporary real estate sign or construction sign not exceeding sixteen (16) square
feet in surface area per site; and
(e)
Temporary posters, bulletins, legal notices and the like.
9.6.2
Notwithstanding subsection 9.6.1 above, the following accessory signs are also permitted in
the "RG" Zone, without the issuance of a development permit, but the location of these signs
on the site shall be subject to the approval of the Development Officer:
(a)
One identification sign not exceeding thirty-two (32) square feet in surface area per site
for multiple-family dwellings;
(b)
One identification sign not exceeding thirty-two (32) square feet in surface area per site
for religious institutions and other non-residential buildings; and
RM of North Norfolk Zoning By-Law
40
(c)
One mobile sign or temporary sign for the purpose of advertising a social, community or
family related event for a period of six (6) days, including the day of the event, provided
the sign is on the same site as the event and is set back five (5) feet from site lines
except where two intersecting streets or a street and lane intersect in which case the
minimum setback from the corner site lines on the street or side is fifteen (15) feet.
9.6.3
All signs in the "RG" Zone shall not contain any animated components or any internal
illumination, or any flashing, rotating or scintillating lights.
9.7
Mobile Home Park Regulations
In addition to the preceding bulk requirements, the following requirements shall apply to mobile
homes and modular homes and their accessory buildings and structures in Mobile Home
Parks.
9.7.1
Minimum Park Size
A mobile home park shall contain a minimum of three (3) mobile home spaces and shall have
a minimum site width of two hundred (200) feet.
9.7.2
Buffer Area
A buffer area at least ten (10) feet in width shall be provided within and adjacent to the
perimeter of the mobile home park property and twenty (20) feet in width on the perimeter
which abuts a street.
9.7.3
Development of the Buffer Area
(a)
The buffer area provided in subsection 9.7.2 above shall be developed as an area
suitably landscaped with trees, shrubs, grass and similar horticultural features as shown
on the site plans submitted pursuant to subsection 9.7.11 of this section;
(b)
The buffer area may be crossed by an access right-of-way a minimum of fifty (50) feet in
width containing a concrete, gravel or asphalt driveway a minimum of twenty-five (25)
feet in width from a street to the internal roadway system; and
(c)
The buffer area shall contain no use other than permitted by clauses (a) and (b) above.
9.7.4
Location of Storage Compound
A storage compound shall not be located within the buffer area described in subsection 9.7.3
above and shall be located according to approved site plans.
9.7.5
Mobile Home Park Internal Roadway System
Internal roadways within a mobile home park shall be as follows:
(a)
The internal roadway system shall have a right-of-way a minimum of fifty (50) feet in
width; and
(b)
The internal roadway system shall be surfaced using concrete, asphalt or gravel a
minimum of twenty-five (25) feet in width.
RM of North Norfolk Zoning By-Law
41
9.7.6
Number of Mobile Homes
There shall not be more than one mobile home located on a mobile home space in a mobile
home park.
9.7.7
Distance from Storage Compound, Common Parking, Service Building
A mobile home shall be located a minimum distance of twelve (12) feet away from a storage
compound or a common parking area and twenty (20) feet from a service building in a mobile
home park.
9.7.8
Required Services for Mobile Home Space
A mobile home space shall be provided with the following:
(a)
An approved sewer connection;
(b)
An approved potable water supply system;
(c)
An electrical service outlet; and
(d)
An adequate base support for the mobile home.
9.7.9
Location of Accessory Buildings and Structures
Except as provided in clause 9.3.7(a) of this PART, no detached accessory building or
structure shall be located nearer a mobile home, including a mobile home on an adjoining
space, than a distance of six (6) feet clear of all projections. Detached accessory buildings or
structures shall be located only in the side or rear yard.
9.7.10 Accessory Structures and Buildings
All accessory structures and buildings such as detached carports and detached private
garages and storage facilities shall be built and maintained to a suitable standard so that they
will complement the main structure.
9.7.11 Site Plans - Requirements
Plans submitted to the Development Officer for approval of a mobile home park shall be drawn
to scale and fully dimensioned indicating landscaping, access roads, mobile home spaces,
buffers, storage compounds, common recreational area, retention of surface run-off and
parking; and shall include such other information as may be necessary to determine
conformance with this By-law.
9.7.12 Mobile Home Standards
All mobile homes must meet all structural standards as determined by The Buildings and
Mobile Home Act and amendments thereto.
9.7.13 Required Services for Mobile Home Park
A mobile home park shall be provided with:
(a)
An adequate street lighting system, satisfactory to the Development Officer; and
(b)
Any other services that the Development Officer considers necessary for the public
health and safety.
RM of North Norfolk Zoning By-Law
42
PART 10: COMMERCIAL AND INDUSTRIAL ZONES
10.1
Permitted and Conditional Uses
TABLE 10-1: COMMERCIAL AND INDUSTRIAL USE TABLE lists all uses that are permitted or
conditional in the "CG" Commercial General and "MG" Industrial General Zones.
TABLE 10-1: COMMERCIAL AND INDUSTRIAL USE TABLE
LEGEND: "P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
"CG"
Zone
"MG"
Zone
Abattoirs
-
C
Advertising Signs
C
C
Agricultural Implements, Equipment or Structures, Manufacture
-
P
Agricultural Implements, Equipment or Structures, Sales and Service
C
P
Amusement Enterprises
P
-
Animal Feed, Manufacture
C
P
Animal Feed, Sales and Storage
-
P
Antique Stores and Second Hand Stores
P
-
Art Stores
P
-
Auction Marts (excluding livestock)
P
P
Auditoriums, Clubs, Halls or Lodges
P
-
Automobiles, Boats, Trucks, Trailers or Recreation Vehicles (including
motorcycles and snowmobiles)
Body Shops and Manufacturing
Parts Supply Establishments
Sales Areas
Service Stations
Washing Establishments
Wrecking Establishments
C
P
P
C
C
-
P
P
P
P
P
C
Bakeries
P
-
Banks or Financial Institutions
P
-
Bicycle Rental, Sales, and Repair Shops
P
-
Billiard Parlours or Bowling Alleys
P
-
Book Stores
P
-
Bowling Alleys
P
-
Building Contractors' Establishments, including Plumbers or Electricians
P
P
Building Supply Sales, Exterior and Interior Storage
P
P
Building Supply Sales, Interior Storage only
P
P
Bus Garages or Compounds
-
P
Bus Depots
C
P
Cafes, Coffee Shops, Restaurants, Banquet Halls or Beverage Rooms
P
P
Carpet Cleaning Establishments
P
P
RM of North Norfolk Zoning By-Law
43
TABLE 10-1: COMMERCIAL AND INDUSTRIAL USE TABLE
LEGEND: "P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
"CG"
Zone
"MG"
Zone
Carpet, Rug, Linoleum or Other Floor Covering Stores
P
P
Carpentry or Cabinet Shops
C
P
Catering Establishments
P
-
Cement, Batch Plants or Ready Mix
-
C
Ceramic and Pottery Studios
P
P
Cleaning Establishments, including Dry Cleaners or Laundromats
P
-
Clinics, Dental, Medical or Optical
P
-
Clothing Stores or Fabric Stores
P
-
Community Centres or Community Clubs
P
-
Convenience Stores
P
-
Dairy Processing Establishments
-
P
Department Stores
P
-
Drive-in Restaurants or Other Drive-in Establishments
C
-
Drug Stores
P
-
Dry Goods or Notions Stores
P
-
Earth Moving Contractors, Sand and Gravel Contractors
-
P
Fertilizer, Select Storage, Non-Hazardous Chemicals
-
P
Florists' Stores
P
-
Food Processing Establishments
-
P
Fuels, Bulk Sales and Storage
-
C
Furniture Stores
P
-
Funeral Homes or Parlours
C
-
Garden and Seed Supply Stores
P
-
Gift or Novelty Shops
P
-
Grain Elevators and Storage
-
P
Grocery Stores, Meat Markets, or Delicatessens
P
-
Group Day Care Facilities for 9 or more children
P
-
Hardware or Appliance Stores
P
-
Hatcheries, poultry
-
C
Hotels
P
-
Interior Decorating Establishments
P
-
Jewellery Stores
P
-
Libraries, Museums or Theatres
P
-
Liquor Stores
P
-
Locksmith Shops
P
-
Machine Shops or Welding Shops
-
P
Mail Order Stores
P
-
Maintenance Buildings or Compounds for Public Works Equipment
-
P
RM of North Norfolk Zoning By-Law
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TABLE 10-1: COMMERCIAL AND INDUSTRIAL USE TABLE
LEGEND: "P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
"CG"
Zone
"MG"
Zone
Manufacturing or Processing Establishments not listed elsewhere in this TABLE,
but deemed by Council to be readily identifiable, in general terms, for the "MG"
Zone as being similar to permitted or conditional uses of land, buildings or
structures
-
C
Miniature Golf Courses
C
-
Monument Sales Establishments with incidental processing but not shaping of
headstones
P
P
Motels
P
-
Newspaper or Printing Establishments
P
P
Nurseries and Greenhouses
-
P
Offices, Business, Professional, Health Care or Governmental
P
-
Parking Lots
P
P
Parks or Buffer Strips
P
P
Personal Service Shops, such as Barber Shops, Beauty Parlours and similar
uses
P
-
Plastics Fabricating Establishments
-
C
Police Stations or Fire Halls
P
P
Public Utilities or Services
P
P
Radio, Television or Small Appliance Sales, Service and Repairs
P
-
Recycling Depot
C
P
Retail Stores and Services not listed elsewhere in this TABLE, but deemed by
Council to be readily identifiable, in general terms, for the "CG" Zone as being
similar to permitted or conditional uses of land, buildings or structures
C
-
Religious Institutions including churches, temples, church halls and church
educational facilities
P
-
Residential Uses:
Apartments, dwelling units, or suites in the second storey or in the rear portion of
the main floor of a principal commercial building
Multiple-Family Dwellings or Senior Citizen Homes
Boarding, Rooming, and Lodging Houses
P
P
P
-
-
-
Rinks, Curling, Ice Skating, Hockey, or Roller Skating
P
-
Seed Processing Plants
-
P
Service Clubs or Private Clubs
P
-
Shoe Sales or Repair Stores
P
-
Shopping Centres
P
-
Sign Painters' Establishments
P
P
Sporting Goods Stores
P
-
Stockyards for holding, sales and shipping of livestock
-
C
Storage Buildings or Facilities, Non-Hazardous Materials
-
P
RM of North Norfolk Zoning By-Law
45
TABLE 10-1: COMMERCIAL AND INDUSTRIAL USE TABLE
LEGEND: "P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
"CG"
Zone
"MG"
Zone
Storage Buildings or Facilities, Hazardous Materials
-
C
Studios, Music, Theatrical, or Photographic
P
-
Taxidermist Shops
P
P
Tire Shops
C
P
Travel Trailer, Camping and Tenting Grounds
C
-
Truck Terminals
C
C
Upholstering Shops
C
P
Veterinary Clinics
C
C
Wholesale Businesses and Warehousing
C
P
Existing Uses*
P
P
ACCESSORY USES, BUILDINGS AND STRUCTURES
P
P
*Existing uses in the Commercial and Industrial Zones at the time of adoption of this By-law,
which do not otherwise conform to TABLE 10-1 shall be considered as permitted uses for the
site upon which they are located. Expansion of said uses shall be limited to the site associated
with them at the time of adoption of this By-law and will be subject to all other requirements of
this By-law.
10.2
Accessory Uses, Buildings and Structures
10.2.1 In the "CG" and "MG" Zones, a permitted accessory use, building or structure includes, but is
not limited to, the following uses, buildings or structures which shall be permitted on the
same site as a principal building, structure or use, and shall be subject to all other provisions
of this By-law:
(a)
Land, buildings or structures used for the storage or display of goods customarily offered
for sale in connection with a permitted or conditional commercial use, provided that the
storage or display does not create an unusual hazard to public health or safety;
(b)
Land, buildings or structures used for the storage of goods or equipment required for or
produced by any manufacturing process in connection with a permitted or conditional
industrial use, provided that the storage does not create an unusual hazard to public
health or safety and is located within an enclosed building or structure;
(c)
Incidental processing, cleaning, servicing, altering, testing or repair of merchandise
normally offered for sale in connection with a permitted or conditional commercial or
industrial use;
(d)
An accessory suite or dwelling unit within a commercial or industrial building for the use
of an owner, operator, caretaker or watchman and his family;
(e)
Accessory off-street parking and loading facilities as required and regulated in section
10.4 of this PART;
(f)
Fences and walls subject to the provisions of section 10.5 of this PART;
(g)
Signs as permitted and regulated in section 10.6 of this PART;
RM of North Norfolk Zoning By-Law
46
(h)
A private garage, carport, covered patio, tool house, shed, private swimming pool,
greenhouse, garden house, conservatory or child's playhouse or any other building or
structure normally accessory to a residential use;
(i)
Home-based businesses accessory to a permitted residential use of a dwelling unit as
regulated in section 12.1 of PART 12;
(j)
Antennas, including satellite dish antennas; and
(k)
Sidewalks, driveways, decks, patios, gazebos, statuary, flagpoles, lighting fixtures, trees,
shrubs and other landscaping features.
10.2.2 Where the accessory building or structure is attached to a principal building or structure, it shall
conform to all provisions of this By-law which are applicable to the principal building or
structure.
10.3
Commercial and Industrial Bulk Regulations
10.3.1 The Commercial and Industrial Bulk Regulations shall be as set forth in TABLE 10-2 and shall
apply to all permitted and conditional uses. These regulations are intended to ensure that the
site area, site width and yards will allow space for the buildings as well as parking and loading
areas appropriate for each zone.
10.3.2 The owner shall maintain the minimum site area, site width, required yards and other
requirements specified herein for any use.
10.3.3 No parcel of land shall be subdivided into sites, unless each site conforms with the bulk
regulations as set forth in TABLE 10-2.
10.3.4 No required yard shall be reduced below the minimum requirements as set forth in TABLE 10-
2 unless a minor variation or variation order is obtained in accordance with the provisions of
The Planning Act.
10.3.5 All required yards specified for any use shall be located on the same site as the use, and shall
be maintained as open space. The following features are permitted to be located in required
yards unless otherwise specified:
(a)
Portable buildings not exceeding one hundred (100) square feet in floor area for the
storage of domestic equipment may be located within any required interior side yard or
required rear yard, provided that a separation distance of one (1) foot is maintained from
a site line, and a separation distance of three (3) feet is maintained from any dwelling;
(b)
Parking and loading areas as required and regulated by section 10.4 of this PART;
(c)
Exterior service, display and incidental storage of materials including gas pumps,
provided that such service, storage and display areas will not, in the opinion of Council,
be detrimental to abutting property owners;
(d)
Uncovered sidewalks, patios, wheelchair ramps and driveways;
(e)
Fences and walls subject to the provisions of section 10.5 of this PART;
(f)
Signs subject to the provisions of section 10.6 of this PART;
RM of North Norfolk Zoning By-Law
47
(g)
Open terraces, decks and exterior stairways not exceeding a height of four (4) feet above
grade, provided that they do not obstruct any required vehicular parking space or loading
space, or access to such spaces;
(h)
Chimneys, bay windows, alcoves, eaves, gutters, canopies, awnings and other similar
building elements, provided that they do not project any more than two (2) feet into any
required yard and do not obstruct any required vehicular parking spaces, loading spaces
or vehicle access to such spaces; or in the case of detached accessory buildings located
to the rear of the principal building, eaves and gutters shall not project any more than
one (1) foot into any required yard;
(i)
Service station canopies; and
(j)
Trees, shrubs, trellises, arbours, retaining walls, flagpoles, lighting fixtures, and similar
landscape features.
TABLE 10-2: COMMERCIAL AND INDUSTRIAL BULK TABLE
PERMITTED AND
CONDITIONAL
USES
MINIMUM REQUIREMENTS (a)(b)(c)
Site Area
(sq. ft)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Advertising Signs
-
-
3
3
3
Agricultural Implements, Equipment or
Structures Manufacture or Sales and
Service
30,000
150
50
15
15
Automobiles, Boats, Trucks, Trailers or
Recreational Vehicles
Sales, Exterior and Interior Display
Sales, Interior Display Only
Service Stations
30,000
15,000
15,000
150
150
150
50
50
30
15
15
15
15
15
15
Building Supply Sales, Exterior Storage
30,000
150
50
15
15
Fertilizer Sales and Storage Non-
Hazardous Chemicals
30,000
150
50
15
15
Hotels and Motels
Without Beverage Rooms or
Restaurants
With Beverage Rooms or
Restaurants
15,000
30,000
100
150
50
50
15
15
15
15
Police Stations or Fire Halls
15,000
100
25
5(d)
25
Public Utilities
5,000
50
25
5(d)
25
Religious Institutions
20,000
100
25
15
25
Truck Terminals
15,000
100
25
15
15
Residential Uses
Existing Single-Family Dwellings
Multiple-Family Dwellings,
Senior Citizen Homes, Boarding,
Rooming and Lodging Houses
6,000
10,000
50
100
25
25
5
15(e)
25
25
All Other Permitted and Conditional Uses
in the "CG" Commercial General Zone
In the central business district of Austin
In other areas
2,500
6,000
25
50
0
25
0(f)(g)
5(d)
25(f)(h)
25
RM of North Norfolk Zoning By-Law
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PERMITTED AND
CONDITIONAL
USES
MINIMUM REQUIREMENTS (a)(b)(c)
Site Area
(sq. ft)
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
All Other Permitted and Conditional Uses
in the "MG" Industrial General Zone
20,000
100
50
15
15
ACCESSORY USES, BUILDINGS AND
STRUCTURES (i)
-
-
(j)(k)
(f)(k)(l)
4(f)(k)
The following notations and exceptions form part of TABLE 10-2:
(a)
The minimum floor area of all permitted accessory residential dwelling units shall be
four hundred (400) square feet;
(b)
The maximum height for all buildings and structures shall be thirty (30) feet, with the
exception of grain elevator complexes, storage tanks for fuels, fertilizers and grain, and
with the exception of features such as antennas, flagpoles, church spires, and
chimneys;
(c)
Where a site abuts a highway under the jurisdiction of Manitoba Infrastructure and
Transportation, the owner shall obtain all permits required for setbacks of buildings and
structures;
(d)
Where an interior site is not adjacent to a lane, one of the side yards shall be a
minimum of ten (10) feet in width, clear of all projections, except eaves and gutters, in
order to provide vehicular access to the rear of the site;
(e)
Where the side wall of a multiple-family dwelling or senior citizens' home does not
contain windows of a habitable room, the minimum required side yard shall be ten (10)
feet;
(f)
Where the boundary of a site in the "CG" or "MG" Zones is coterminous with the side
site line or rear site line of a site in the "RG" Zone, the principal and accessory
buildings or structures shall be set back fifteen (15) feet from the common site line, and
this separation space shall not be used for accessory exterior storage, processing,
service, parking or loading, unless a solid fence at least six (6) feet in height is
provided along the site line;
(g)
A side site line may be located within a party wall but where an interior side yard is
provided it shall be a minimum width of four (4) feet and where the wall of a building or
structure is located closer than four (4) feet to an interior site line, it shall be fire-rated
as required by The Manitoba Building Code;
(h)
The required rear yard may be reduced to four (4) feet, provided that all required
parking and loading spaces are provided elsewhere on the site, and provided that the
rear portion of the building does not contain a dwelling unit;
(i)
The required yards for buildings and structures accessory to a single-family residential
use shall be as specified in PART 9, TABLE 9-2 of this By-law;
(j)
In the case of accessory buildings or structures, the required front yard shall be the
same as the required front yard of the principal building or structure with the exception
of gasoline pumps and related canopy structures;
(k)
Gasoline pumps shall have a minimum setback of fifteen (15) feet in the "CG" Zone,
and twenty (20) feet in the "MG" Zone; and
RM of North Norfolk Zoning By-Law
49
(l)
The minimum required side yard for accessory uses, buildings and structures in the
"CG" Zone shall be zero (0) feet and ten (10) feet in the "MG" Zone.
10.4
Parking and Loading
10.4.1 For all permitted and conditional uses in the "CG" and "MG" Zones, accessory off-street
parking shall be provided and maintained in accordance with TABLE 10-3 and accessory off-
street loading shall be provided and maintained in accordance with subsections 10.4.6 to
10.4.8 of this PART.
TABLE 10-3: COMMERCIAL AND INDUSTRIAL PARKING TABLE
USE
MINIMUM NUMBER OF
PARKING SPACES REQUIRED*
Residential Apartments, Dwelling Units or Suites
1 per dwelling unit or suite
Hotels and Motels
1 per individual suite or hotel room
All Other Permitted and Conditional Uses in the
"CG" Commercial General Zone
1 per 1,000 sq. ft. of floor area, but not
less than 1 space
All Permitted and Conditional Uses in the "MG"
Industrial General Zone
1 per 1,000 sq. ft. of floor area, but not
less than 1 space
*Where the computation of the number of required accessory off-street parking spaces
results in a requirement of a fraction of a 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 parking space.
10.4.2 All required permanent accessory off-street parking spaces shall be located on the same site
as the use served, unless a variation order is approved for parking spaces located
elsewhere.
10.4.3 Where an accessory parking lot is provided for three or more vehicles, the design of the
parking lot, including all exits and entrances, shall conform to section 5.17 of PART 5 and
shall be subject to the approval of the Development Officer.
10.4.4 Every parking space shall be designed in accordance with the criteria set out in section 5.17
and TABLE 5-1 of PART 5 of this By-law.
10.4.5 When a building or structure is enlarged or a use is changed, the accessory off-street
parking spaces shall be provided for the enlargement, change, or new use, in accordance
with the provisions of section 10.4 of this PART.
10.4.6 For all permitted and conditional uses in the "CG" Zone, no separate off-street loading
space is required for any building having a gross floor area of less than ten thousand
(10,000) square feet; however, one of the required off-street parking spaces shall also serve
as an off-street loading space.
10.4.7 For all permitted and conditional uses in the "MG" Zone, at least one loading space shall be
provided for each building, and the loading space shall be a minimum width of twelve (12)
feet and a minimum length of fifty (50) feet.
10.4.8 No accessory off-street parking space or loading space shall be used for the storage of a
derelict vehicle, or for substantial motor vehicle repair work.
RM of North Norfolk Zoning By-Law
50
10.5
Fences and Walls
10.5.1 The following provisions shall apply to all fences and walls in the "CG" and "MG" Zones:
(a)
Within a required front yard or corner side yard, no fence or wall shall exceed a height
of three (3) feet above the average grade of land within two (2) feet of each side of the
fence; and
(b)
Within a required interior side yard or rear yard, no fence or wall shall exceed a height
of seven (7) feet above the average grade of land within two (2) feet of each side of the
fence.
10.5.2 No chain link fence or barbed wire fence shall be constructed or located within any required
front yard in any commercial zone.
10.5.3 No electric fence shall be constructed or located in any commercial zone.
10.6
Signs
10.6.1 The following signs are permitted in the "CG" and "MG" Zones and may be installed without
the issuance of a development permit:
(a)
One identification sign not exceeding four (4) square feet in surface area;
(b)
One temporary real estate sign or construction sign not exceeding sixteen (16) square
feet in surface area per site;
(c)
Directional signs for parking and loading areas; and
(d)
Temporary campaign posters, legal notices or bulletins, and permanent signs such as
commemorative plaques, governmental signs and the like.
10.6.2 All other signs shall be subject to the issuance of a development permit. The total surface
area of all signs shall not exceed twenty-five percent (25%) of the area of the front facade of
the principal building and the location of the signs shall be subject to the approval of the
Development Officer.
10.6.3 No sign shall be erected or altered which would interfere with, or obstruct the view of, or be
confused with any authorized traffic signal or device.
10.6.4 No sign, including a temporary mobile sign, shall be located within a public right-of-way
without the specific approval of Council.
10.6.5 In no case shall a rotating beam or beacon be incorporated into any sign.
10.6.6 Mobile or temporary sign requirements:
(a)
Minimum separation distance from a Residential Zone is sixty (60) feet;
(b)
Minimum set back from site lines is three (3) feet except where two intersecting streets
or a street or lane intersects, the minimum setback from the corner site lines on the
street or lane side is fifteen (15) feet; and
(c)
A mobile sign is permitted for a period of six (6) months which time may be extended
by Council.
RM of North Norfolk Zoning By-Law
51
10.7
Pollution Standards
10.7.1 All new industrial uses that generate waste that must be emitted into the environment shall
meet, on a continuing basis, the applicable provincial pollution guidelines and standards.
10.7.2 Council may require any proposed industrial use to conduct environmental impact studies to
determine the extent and the possible mitigative measures required for any perceived
pollution problem.
10.7.3 Council may require any industry to monitor its waste emissions and submit the results to
Council for its consideration. Even for results that meet provincial standards, Council may
require mitigative measures be undertaken by the industry to further regulate waste
emissions that because of content, location or timing of emissions are deemed detrimental to
the population of The Rural Municipality of North Norfolk.
RM of North Norfolk Zoning By-Law
52
PART 11: OPEN SPACE/RECREATION AND URBAN TRANSITION
ZONES
11.1
Permitted and Conditional Uses
TABLE 11-1: OPEN SPACE/RECREATION AND URBAN TRANSITION USE TABLE, lists
all uses that are permitted or conditional in the "O/R" Open Space/Recreation and "UT"
Urban Transition Zones.
TABLE 11-1: OPEN SPACE/RECREATION AND URBAN TRANSITION USE TABLE
LEGEND: "P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
ZONES
O/R
UT
Agricultural Activities, limited to all types of cropping, market
gardening, nurseries and greenhouses
C
P
Arenas, Curling or Ice Skating
C
-
Athletic Fields
P
C
Auditoriums, Grandstands and similar Assembly Facilities
C
-
Camping and Tenting Grounds
P
C
Community Halls
P
C
Dwellings
Farm
Non-Farm
-
-
C
C
Exhibition Grounds
P
C
Golf Courses
-
C
Government offices, including municipal, police, fire and similar
uses
C
-
Institutions such as Personal Care Homes, Senior Citizens'
Housing, Rest Homes, Convalescent Homes and similar uses
C
-
Libraries, Museums and Art Centres
C
-
Livestock Operations (See section 12.7 of PART12)
-
-
Parks, Playgrounds, Tot Lots or Buffer Strips
P
P
Public Utility Buildings or Structures
P
P
Recreational Facilities, including Tennis Courts, Hiking Trails
and Swimming Pools
P
C
Religious Institutions, including Churches, Temples, Church
Halls and Church Educational Facilities
-
C
Schools, Private or Public
P
-
Sewage Treatment Plants and Lagoons
-
C
Telecommunication Towers, non-accessory
-
C
Water Treatment Plants and Reservoirs
-
C
ACCESSORY USES, BUILDINGS AND STRUCTURES
P
P
RM of North Norfolk Zoning By-Law
53
11.2
Accessory Uses, Buildings and Structures
11.2.1 In the "O/R" Zone, an accessory use, building or structure includes, but is not limited to, the
following:
(a)
Buildings or structures required for the operation or maintenance of any institutional,
recreational or other use which is a permitted or conditional use in the zone in which
the principal use is located;
(b)
Off-street parking areas as required and regulated in section 11.4 of this PART;
(c)
Antennas, including satellite dish antennas and accessory communication towers;
(d)
Fences, walls, decks, patios, gazebos, statuary, flagpoles and similar features; and
(e)
Accessory signs as permitted and regulated in section 11.5 of this PART.
11.2.2 In the "UT" Zone, an accessory use, building or structure includes, but is not limited to the
following:
(a)
Farm dwellings, mobile or modular homes when accessory to a permitted or
conditional agricultural use;
(b)
A private garage, carport, covered patio, toolhouse, shed, service building associated
with a principal use or other similar building but excluding grain storage buildings or
structures;
(c)
A private swimming pool, greenhouse, garden house, conservatory, or child's
playhouse;
(d)
Home-based businesses accessory to a permitted residential use of a dwelling unit or
mobile home as regulated in section 12.1 of PART 12;
(e)
Antennas, including satellite dish antennas and accessory communications towers;
(f)
Fences, decks, patios, gazebos, statuary, flagpoles and similar features; and
(g)
Accessory signs, subject to the provisions of section 11.5 of this PART.
11.3
Open Space/Recreation and Urban Transition Bulk Regulations
11.3.1 The "O/R" and "UT" Regulations shall be as set forth in TABLE 11-2 of this PART and shall
apply to all permitted and conditional uses within each respective zone.
11.3.2 The owner shall maintain the minimum site area, site width, required yards and other
requirements specified herein for any use.
11.3.3 No land shall be subdivided into sites, unless each site conforms to the bulk regulations as
set forth in TABLE 11-2 herein.
11.3.4 No required yard shall be reduced below the minimum requirements as set forth in TABLE
11-2 herein, unless a minor variation or variation order is approved in accordance with the
provisions of The Planning Act.
RM of North Norfolk Zoning By-Law
54
11.3.5 All required yards specified for any use shall be located on the same site as the principal
use, and shall be maintained as open space. The following features shall be permitted in
required yards unless otherwise specified:
(a)
Portable buildings not exceeding one hundred (100) square feet in floor area for the
storage of domestic equipment may be located within any required interior side yard or
required rear yard, provided that a separation distance of one (1) foot is maintained
from a site line, and a separation distance of three (3) feet is maintained from any
dwelling, mobile or modular home;
(b)
Parking and loading areas;
(c)
Open terraces, steps, decks and patios not exceeding a height of four (4) feet above
grade, provided that there is a minimum separation of fifteen (15) feet from any site
line;
(d)
Chimneys, alcoves, eaves, gutters, canopies, awnings and other similar building
elements, provided that they do not project any more than two (2) feet into any
required yard;
(e)
Trees, shrubs, trellises, arbours, retaining walls, wheelchair access ramps, flagpoles,
lighting fixtures, and similar features;
(f)
Fences and walls, provided that the height of these features does not exceed:
(i)
three (3) feet within any required front yard or corner side yard; and
(ii)
seven (7) feet within any required interior side yard or required rear yard; and
(g)
Signs subject to the provisions of section 11.5 of this PART.
TABLE 11-2: OPEN SPACE/RECREATION AND URBAN TRANSITION BULK TABLE
PERMITTED AND
CONDITIONAL USES
MINIMUM REQUIREMENTS (a)(b)
Site
Area
sq ft
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Churches, Church Halls and other
Religious Institutions
15,000
100
25
15
15
Dwellings
Farm
Non-Farm Dwellings
2 acres
(c)
200
125
25
25
Institutions such as Personal Care
Homes and Senior Citizen Houses
15,000
(d)
100
25
15
25
Libraries, Museums and Art Centres
7,500
75
25
15
25
Government offices, including
municipal, police, fire and similar uses
10,000
75
25
15
25
Parks, Playgrounds, Tot Lots and
Buffer Strips
5,000
50
25
5
15
Recreation Facilities, including Tennis
Courts, Hiking Trails and Swimming
Pools
15,000
100
25
15
15
RM of North Norfolk Zoning By-Law
55
PERMITTED AND
CONDITIONAL USES
MINIMUM REQUIREMENTS (a)(b)
Site
Area
sq ft
Site
Width
(ft)
Front
Yard
(ft)
Side
Yard
(ft)
Rear
Yard
(ft)
Religious institutions, including
churches, church halls and church
educational facilities
2 acres
200
125
25
25
Schools, Private or Public
2 acres
200
25
25
25
Sewage Disposal Lagoon
3 acres
300
125
50
50
Telecommunication Towers, non-
accessory
2 acres
200
125
25
25
All Other "O/R" Open
Space/Recreation Zone Uses
30,000
sq ft
100
15
15
15
All Other "UT" Urban Transition Zone
Uses
40
acres
300
25
25
25
ACCESSORY USES, BUILDINGS
AND STRUCTURES
-
-
(e)
(e)
(e)
The following notations and exceptions form part of TABLE 11-2:
(a)
The maximum height of all buildings and structures shall be thirty (30) feet, with the
exception of grain storage bins and features such as antennas, chimneys and church
spires;
(b)
Where a site abuts a highway under provincial jurisdiction the owner shall obtain all
permits required for development within the control areas adjacent to a highway;
(c)
The maximum site area shall be ten (10) acres unless physical features of the site,
such as natural drains, shelterbelts, etc., indicate that a slightly larger site would be
appropriate;
(d)
Fifteen thousand (15,000) square feet of site area for the first three (3) dwelling units
and one thousand (1,000) additional square feet of site area, for each additional
dwelling unit; and
(e)
In the case of accessory buildings or structures, the required yards shall be the same
as the required yards for the principal building or structure, except as otherwise
provided for herein.
11.3.6 The owner shall maintain the minimum site area, site width, required yards and other
requirements specified herein for any use. Furthermore, the minimum requirements
allocated to a use as specified by this By-law shall not by virtue of change of ownership, or
for any other reason, be used to satisfy the requirements for any other use.
11.4
Parking
11.4.1 For all permitted and conditional uses in the "O/R" and the "UT", at least one (1) accessory
off-street parking space shall be provided for every one thousand five hundred (1,500)
square feet of floor area with an additional parking space provided for each one thousand
five hundred (1,500) square feet increase in floor area.
11.4.2 Where an accessory parking lot is provided for three (3) or more vehicles, the design of the
parking lot including all exits and entrances shall conform to the provisions of section 5.17 of
PART 5 herein, and shall be subject to the approval of the Development Officer.
RM of North Norfolk Zoning By-Law
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11.4.3 Every parking space shall be designed in accordance with the criteria set out in section 5.17
and TABLE 5-1 of PART 5 of this By-law.
11.4.4 When a building or structure is enlarged or a use is changed, the accessory off-street parking
spaces shall be provided for the enlargement, change, or new use, in accordance with the
provisions of subsections 11.4.1 to 11.4.3 of this PART.
11.4.5 All required accessory off-street parking spaces shall be located on the same site as the use
served, unless a variation order is obtained for parking spaces located elsewhere.
11.5
Signs
11.5.1 The following signs are permitted in the "O/R" and "UT" Zones and may be installed without
the issuance of a development permit:
(a)
One identification sign not exceeding four (4) square feet in surface area per site;
(b)
One bulletin board not exceeding sixteen (16) square feet in surface area per site for
religious institutions;
(c)
One temporary real estate sign or construction sign not exceeding sixteen (16) square
feet in surface area per site;
(d)
Directional signs for parking and loading areas;
(e)
Temporary posters, bulletins, legal notices and the like; and
(f)
Mobile or temporary signs for the purpose of advertising a social, community, or family
related event provided the sign is on the same site as the event.
11.5.2 All other signs shall be subject to the issuance of a development permit, and the location of
the signs shall be subject to the approval of the Development Officer.
11.5.3 In no case shall any permanent sign contain any animated components or flashing, rotating
or scintillating lights.
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PART 12: REQUIREMENTS FOR SPECIFIC USES
12.1
Home-based Businesses
Home-based businesses are governed by the following requirements:
(a)
They shall be carried on in a dwelling unit, mobile or modular home or its permitted
accessory building;
(b)
They shall be carried on principally by the members of the family residing at the same
dwelling unit, mobile or modular home;
(c)
Persons employed or otherwise engaged in the business who do not reside in the
dwelling may not exceed two (2) persons in all zones except in the R/A
Rural/Agriculture Zone, the limit shall be ten (10) persons;
(d)
In all Residential Zones, there can be no processing or outside storage of goods or
materials, and in the "R/A" Rural/Agriculture Zone, the location of all exterior
processing and storage shall be subject to Council approval;
(e)
Not more than six hundred (600) square feet of all floor area may be devoted to the
home-based business in all Zones, except in the "R/A" Zone, no floor area restrictions
shall apply;
(f)
One business sign, either freestanding or affixed to the wall of a principal or accessory
building is permitted, not exceeding
(i)
in the "R/A" Zone, thirty-two (32) square feet; and
(ii)
in all other Zones, ten (10) square feet in any location;
(g)
They shall not generate undue traffic or congestion, or if located in the vicinity of a
provincial highway, should not impair the safe and efficient operation of the highway;
(h)
They shall not by reason of emission of odours, dust, smoke, noise, gas, fumes,
cinders, light, vibrations, refuse matter, or water carried wastes become offensive or
obnoxious or create a nuisance beyond any site line;
(i)
In all Residential Zones, the residential character of the property shall be maintained;
and
(j)
A bed and breakfast shall be deemed to be approved as a permitted accessory use
and is not subject to the floor area limitation set out in clause 12.1(e) of this PART.
12.2
Livestock Operations
12.2.1 The provisions of this subsection shall apply to livestock operations, which shall be deemed
to include barns and similar types of buildings along with related manure storage facilities,
and also to include feedlots and similar fenced areas where livestock are confined solely for
the purpose of growing and finishing, and are sustained by means other than grazing,
including winter or seasonal feedlots.
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12.2.2 Where two or more existing or proposed livestock operations involving the production of the
same species of livestock are either:
(a)
Located within ½ mile (800m) of one another and are owned by the same individual,
corporate, partnership or other entity; or
(b)
Located within ½ mile (800m) of one another and share a common manure storage
facility (regardless of ownership)
they are deemed to be a single livestock operation, and the total number of existing or
proposed animal units in each operation shall be added together for the purpose of
interpreting the requirements of this By-law.
12.2.3 Livestock operations including animal housing structures and manure storage facilities shall
be setback three hundred twenty-eight (328) feet from property lines.
12.2.4 To assist in the interpretation of this By-law, the total number of existing and proposed
Animal Units (AUs) cumulative across species, of a livestock operation, shall be determined
in accordance with TABLE 12-1 of this PART.
12.2.5 The provisions of this by-law are dependent upon a determination of the production capacity
of a livestock operation, which shall be based upon the intensity of use as measured by
Animal Units determined in accordance with TABLE 12-1 by multiplying the number of
animals that can be accommodated in the facility by the animal unit produced by one
livestock.
12.2.6 No manure storage facility shall be constructed or located within three hundred twenty-eight
(328) feet of surface water which is standing or flows either perennially or intermittently
beyond the site of the facility.
12.2.7 Requirements for setback and separation distances, as provided for herein, shall be
measured from the closest point of the barn, feedlot or high density feeding area including
any related manure storage facility, to the property boundary, residence, zoning area
boundary or water body, as the case may be.
12.3
Livestock Operations Deemed Conditional Uses
Livestock operations are deemed to be a conditional use when the size of the operation
reaches three hundred (300) or greater animal units (cumulative across species), irrespective
of location except as identified in section 12.5 of this PART.
TABLE 12-1: CALCULATION OF ANIMAL UNITS BY CATEGORIES OF LIVESTOCK
Animal
Type
AU Produced by
One Livestock
Livestock
Producing One AU
Dairy
Milking Cows, including
associated livestock
2.000
0.5
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TABLE 12-1: CALCULATION OF ANIMAL UNITS BY CATEGORIES OF LIVESTOCK
Animal
Type
AU Produced by
One Livestock
Livestock
Producing One AU
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
(PMU)
Mares, including associated
livestock
1.333
0.75
Sheep
Ewes, including associated
livestock
Feeder Lambs
0.200
0.063
5
16
Current conversion factors are from Manitoba Regulation 193/2005 being the Provincial Land
Use Policies Regulation. The regional agricultural engineer or livestock specialist of Manitoba
Agriculture, Food and Rural Initiatives may be consulted for other livestock or operation types
and interpretation of this TABLE.
NOTE: To calculate the number of AUs for a particular operation, multiply the AU produced by
one livestock by the number of animals. For example, for 200 animal beef cows including
associated livestock equals 1.25 x 200 = 250 AUs.
12.4
Livestock Operations in Proximity to Residences and Designated Areas
The criteria outlined in TABLE 12-2, applies to all new and expanding livestock operations in
proximity to residences and designated areas as well as siting of new rural residences in
proximity to existing livestock operations.
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TABLE 12-2: MINIMUM SEPARATION DISTANCE FOR SITING LIVESTOCK
OPERATIONS
Size of Livestock
Operation or
Animal Housing
Facility in Animal
Units
(AUs)
Minimum Separation Distance (feet)
From Single Residences (a)
From Designated Areas (b)
To Earthen
Manure Storage
Facility or Feedlot
To Livestock
Buildings and
Structures(c)
To Earthen
Manure Storage
Facility or Feedlot
To Livestock
Buildings and
Structures(c)
10-100
984
492
2,625
1,739
101-200
1,476
738
3,937
2,625
201-300
1,968
984
5,249
3,511
301-400
2,214
1,107
5,906
3,937
401-800
2,460
1,230
6,561
4,364
801-1,600
2,952
1,476
7,874
5,249
1,601-3,200
3,446
1,722
9,186
6,135
3,201-6,400
3,938
1,968
10,499
6,988
6,401-12,800
4,430
2,214
11,811
7,874
>12,800
4,922
2,460
13,123
8,760
Separation distances prescribed in TABLE 12-2 must be maintained mutually between a new
or expanding livestock operation as well as siting of new rural residences in proximity to
existing livestock operations and
(a)
"Residences" not associated with the livestock operation.
(b)
"Designated Areas" include the areas designated in the Nor-Mac Planning District
Development Plans as;
(i)
urban community policy areas,
(ii)
rural residential policy areas, and
(iii)
seasonal recreation policy areas.
(c)
The distance to buildings includes barns, animal housing facilities including seasonal
feeding area and non-earthen manure storage such as a molehill, tank or other facility
not made out of earth for storing manure, and includes all permanent equipment or
structures in or by which manure is moved to or from the storage facility.
12.5
Livestock Operations Development in Buffer Areas
12.5.1 Notwithstanding the requirements of TABLE 12-2 that are applicable in all cases, there are
additional livestock operation requirements within a one (1) mile buffer of the two principal
urban communities of MacGregor and Austin and the three (3) secondary urban communities
of Bagot, Sidney and Rossendale, as provided in the livestock operation policies of the Nor-
Mac Planning District Development Plan. These requirements are as follows:
(a)
All existing livestock operations (at the date of adoption of this By-law) will be allowed
to expand up to a maximum size of 200 animal units as a permitted use or 300 animal
units as a conditional use; and
(b)
New small-scale livestock operations may be allowed but restricted to a maximum size
of 200 animal units or less as a conditional use.
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12.5.2 Livestock operations adjacent to or near water bodies will not be allowed within:
(a)
A distance of 330 feet of the ordinary high water mark of any surface watercourse,
surface water, sinkhole, spring, well and/or property boundary; nor
(b)
Within any riparian area; nor
(c)
Any 100 year high water level or flood plain adjacent to a surface water course. This
clause does not apply to existing livestock operations that are provided for under
Manitoba
Conservation
Livestock
Regulations
and
Manure
and
Mortalities
Management.
12.6
Application Requirements for New or Expanding Livestock Operations
12.6.1 Where conditional use approval for a new or expanding livestock operation is required, the
application shall be accompanied by, in addition to the information required by subsection
13.6.6 Development Permit of PART 13 herein:
(a)
Plans, specifications and descriptions, for
i)
the livestock housing facilities,
ii)
the manure storage facilities including storage and odour control, and
iii)
available land for application of manure;
(b)
A site plan showing the location of animal housing, manure storage and other related
facilities and their distances from property boundaries; and
(c)
Type of existing and proposed livestock and number of Animal Units (AUs).
12.6.2 Applications for livestock operation under 300 animal units shall be received by the Chief
Administrative Officer (CAO) of the Municipality or the Development Officer of the Planning
District. The Officer shall review the application with respect to applicable Development Plan
policy and Zoning By-law requirements. Where no manure plan is required the operation
shall have access to the amount of suitable land, recommended in the Farm Practices
Guidelines, per animal unit produced in order to have enough land for manure application
requirements. Complying permitted use operations shall receive an approved development
permit. Operations that require conditional use approval shall be advised to apply for same.
These applications shall be processed using The Planning Act and the provisions of this By-
law found in section 13.8 of PART 13. Non- complying applications may mean rejection or
the Development Officer may refer the application to Council and the Planning Board,
depending on the issue, for a decision.
12.6.3 Council shall refer all applications for conditional use, for livestock operations involving three
hundred (300) or more animal units, together with all supporting material to the Minister of
Local Government for referral to the appropriate Regional Technical Review Committee for
review.
12.6.4 Council may require that an application for a new or expanding livestock operation within a
groundwater sensitivity area, as identified in Appendix "B", Map 2 of The Nor-Mac Planning
District Development Plan, be accompanied by, in addition to other information contained in
this PART and subsection 13.6.6 of PART 13 herein and where adequate data is not
available and it is deemed necessary to provide the following information:
(a)
An engineering and hydro-geological assessment of soils, surface and groundwater
site features; and
RM of North Norfolk Zoning By-Law
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(b)
A description of mitigative measures to be undertaken to minimize the risk of soil and
groundwater pollution.
12.6.5 Council may approve a livestock operation subject to conditions as provided for in The
Planning Act, which consists of:
(a)
Measures to ensure conformity with the applicable provisions of the development plan
by-law, the zoning by-law and any secondary plan by-laws;
(b)
One or both of the following measures intended to reduce odours from the livestock
operation:
i)
requiring covers on manure storage facilities,
ii)
requiring shelterbelts to be established;
(c)
Requiring the owner of the affected property to enter into a development agreement
dealing with the affected property and any contiguous land owned or leased by the
owner, on one or more of the following matters:
i)
the timing of construction of any proposed building,
ii)
the control of traffic,
iii)
the construction or maintenance - at the owner's expense or partly at the
owner's expense, of roads, traffic control devices, fencing, landscaping,
shelterbelts or site drainage works required to service the livestock operation,
and
iv)
the payment of a sum of money to the planning district or municipality to be used
to construct anything mentioned in sub-clause (iii).
12.7
Small-scale and Non-Farm Residential Accessory Livestock Facilities
12.7.1 The animal confinement facilities, housing 9 or less animal units capacity, and any
associated manure storage facilities shall be set back a distance of three hundred (300) feet
from the designated urban communities of MacGregor, Austin, Bagot, Sidney and
Rossendale, any designated rural residential and seasonal recreation areas and three
hundred (300) feet from any dwelling, other than the dwelling of the operator on the same
site.
12.7.2 The farm or non-farm residential site area, upon which the confinement facilities are found, is
not less than five (5) acres in size, and require two (2) acres of land for each 0.75 animal unit
capacity, as determined by TABLE 12-1, to a maximum of nine animal units.
12.7.3 Small amounts of livestock may be kept for only non-commercial purposes in Rural
Residential Designated Areas as provided for in clause 7.2.1(j) of PART 7.
12.8
Animal Housing Facilities
New livestock operations and livestock and animal housing facilities shall not be allowed
within the Municipality's designated urban communities. Existing livestock operations at the
date of adoption of the Nor-Mac Planning District Development Plan will be allowed to
continue operation but not allowed to expand.
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12.9
Special Limitations Governing Development of Farm Buildings, Structures and
Dwellings
12.9.1 No building, dwelling, mobile or modular home shall be constructed or located within one
thousand five hundred (1,500) feet of the site of any municipal sewage lagoon and one
thousand three hundred twelve (1,312) feet of a solid waste disposal site.
12.9.2 No building, dwelling, mobile or modular home shall be constructed or located within five
hundred (500) feet of a commercial bulk fuel facility or a farm bulk chemical supply facility
and one thousand (1,000) feet of an inland grain terminal and two thousand six hundred forty
(2,640) feet of a stationary anhydrous ammonia storage tank.
12.9.3 No building, dwelling, mobile or modular home or farm building or structure shall be
constructed or located within an area which has been designated as a high or medium
quality aggregate area by the Mines Branch, unless the site has been further reviewed by
that Branch and a recommendation provided which would allow development to proceed.
Where the proposed building is a dwelling, mobile or modular home, a separation distance of
five hundred (500) feet shall be provided between the building location and any active mining
area.
12.9.4 Any proposal to establish any building, dwelling, mobile or modular home or farm building or
structure which exceeds a building height of ten (10) feet, or to establish a shelterbelt or
similar obstruction within the flight approaches of any aircraft landing area for a distance of
one (1) mile, shall be deemed to be a conditional use, and shall be subject to the approval of
Council.
12.10 Wind Turbine Generator Station Development Provisions
In addition to the other requirements in this Zoning By-law found in TABLE 6-1 the following
provisions shall apply to the development of Wind Turbine Generator Stations (WTGS) as
conditional uses on sites within the "R/A" Zone. Agricultural land uses may co-exist with
(WTGS) on these parcels.
12.10.1 A conditional use application to establish one or more wind turbine generator station(s)
(WTGS) may include one or more turbine(s) on a parcel of land or a network of turbines
and associated structures located on different parcels of land at different locations in the
Municipality respectively, provided that all structures will be operated by the same
corporate entity. For the purposes of this By-law, an application involving more than one
parcel of land and (WTGS) shall be processed as one application, with the provision that a
separate conditional approval shall be issued for each separate parcel of land and/or
(WTGS).
12.10.2 Proponents of a wind turbine generator station (WTGS) shall submit, to the Development
Officer a detailed site plan showing the location of all wind turbines, electrical lines (above
or below ground), on-site roads and driveways providing access to the public road system
as part of the conditional use application. Proposals for additional infrastructure will
require additional conditional use approval.
12.10.3 Proponents of a (WTGS) are responsible for obtaining any required Federal and/or
Provincial permits or approvals from agencies such as but not limited to Transport Canada,
NAV Canada, Manitoba Hydro, Manitoba Infrastructure and Transportation and Manitoba
Conservation, prior to the issuance of a development permit.
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12.10.4 When locating a proposed wind turbine in the vicinity of any registered or certified airport
all Transport Canada regulations or recommendations for certified airports regarding height
and location of surrounding buildings and structures shall be followed.
12.10.5 A development permit shall be obtained prior to the commencement of construction.
12.10.6 The colour scheme of a commercial wind turbine and associated signage affixed to the
structure shall be subject to the approval of Council. Any illumination of the facility shall be
arranged so that it does not create glare at any nearby property or public roadway. Both of
these items must be dealt with in a manner consistent with any applicable Federal
Government regulations.
12.10.7 All private single wind turbine systems located on the same site and in direct support of
either a permitted or conditionally approved single private agricultural activity or private
residential activity shall be treated as an accessory structure. This structure shall be set
back from the property line a minimum distance equal to its total height, measured from the
ground to the extent of its rotors.
12.10.8 The WTGS facility shall be separated by a distance of two thousand six hundred and forty
feet (2640 feet) from any Wildlife Management Area or Provincial Park.
12.11 Hazardous Materials Storage
12.11.1 No bulk farm chemical supply warehouse, commercial bulk fuel facility or fertilizer storage
facility shall be located within five hundred (500) feet of a building used for human
occupancy or individual residence and no inland grain terminal shall be located within one
thousand (1,000) feet of a building used for human occupancy or individual residence.
12.11.2 No stationary anhydrous ammonia storage tank shall be located within:
(a)
Two thousand six hundred forty (2,640) feet of the Town of MacGregor, the
Unincorporated Villages of Austin, Bagot, Sidney and Rossendale, any areas
designated and zoned for rural residential, seasonal recreation use, and any existing
recreation area; and
(b)
Three hundred twenty-eight (328) feet of a municipal road or provincial highway.
12.12 Proximity of Air Landing Strips to Buildings and Structures and Other Designated
Area Zones
All approved air landing strips when being located in close proximity to buildings or structures
or zoned urban, rural residential or seasonal recreational lands, whether on the same
property or adjoining property, shall be governed by the recommended Federal (Transport
Canada) regulations or recommended guidelines. This requirement is reciprocal when
locating buildings or structures and these designated area zones with respect to air landing
strips.
12.13 Location of Automobile Wrecking Establishments
An automobile wrecking establishment shall not be located within one-half (0.5) mile of a
Provincial Trunk Highway or one (1) mile of an Urban area, Seasonal Recreation General
Zone or Rural Residential Zone.
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12.14 Storage of Derelict Vehicles
12.14.1 Subject to subsection 12.14.2, there shall be no storage of derelict automobiles, parts,
other machinery, or products in any required front, side or rear yard within a rural zone,
except in a waste disposal ground or an automobile wrecking establishment.
12.14.2 Where there is storage of derelict automobile parts and other machinery outside of a
building, a continuous compact hedge or continuous row of evergreen trees expected to
attain a height of not less than six (6) feet, or a six (6) foot high fence or berm shall be
provided and maintained along the periphery of the storage area in a manner that conceals
the stored materials from any public street or road or an adjacent land use.
12.14.3 There shall be no storage of derelict vehicles within the "GD" General Development Zone.
12.15 Camping and Tenting Grounds
Any application for a camping and tenting ground development, including a trailer park for
seasonal recreation use, shall be submitted to Council for their consideration and approval
prior to the issuance of a development permit and accompanied by a detailed plan showing
the size, spacing and separation of individual campsites or trailer sites, and the proposed
methods of water supply and sewage collection, and the proposal shall be subject to the
review and approval by Council with respect to all of these matters. As a guide where
approved piped or holding tank sewage disposal and water supplies are provided on
individual camping spaces, the space area, yards, perimeter buffers, roads and space
service and hook-ups requirements of the camping space and campground shall be similar
to those of Mobile Home Parks found in section 9.7 of PART 9. Besides this, all Provincial
requirements for public washrooms and other public facilities must be met. These
requirements shall apply as well in more primitive campgrounds, especially the Provincial
requirement for public washroom facilities of an approved amount and size. The camping
spaces may be smaller, to a recommended minimum of 3500 square feet and 40 feet of
frontage if on-site sewage facilities are not provided or allowed other than portable built-in
facilities in the recreation vehicle.
12.16 Variation of Separation Distances
Minimum separation distances may be reduced through the application for a minor variation
or variation order as prescribed in PART 13 of this By-law and The Planning Act.
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66
PART 13: ADMINISTRATION
13.1
Administration and Enforcement
In the administration and enforcement of this By-law The Rural Municipality of North Norfolk
authorizes and directs the Board of The Nor-Mac Planning District to proceed under PART
13 herein.
13.2
Responsibilities of Council
Subject to the provisions of The Planning Act, the Council of The Rural Municipality of North
Norfolk is responsible for the enactment or repeal of this By-law in accordance with the
provisions of The Planning Act and:
(a)
Considering the adoption or rejection of proposed amendments to this By-law;
(b)
Considering the approval or rejection of applications for conditional use and variations;
(c)
Considering the revocation of any approved conditional use as a result of any violation
by the owner of any conditions specified by Council on the conditional use order; and
(d)
Establishing a schedule of fees as provided for in section 13.10 of this PART.
13.3
Responsibilities of the Board
Subject to the provisions of The Planning Act, The Nor-Mac Planning District Board is
responsible for:
(a)
Administering and enforcing the provisions of this By-law;
(b)
Administering and enforcing those provisions of The Planning Act, where applicable;
(c)
In accordance with provisions of The Planning Act, establishing a schedule of fees and
charges for development permits. Until all applicable fees and charges have been paid
in full, no action shall be taken on any application; and
(d)
Process applications to be submitted to Council for amendments, variations and
conditional uses and the collection of fees as provided for herein.
13.4
Responsibilities of the Development Officer
Subject to the provisions of The Planning Act, the Development Officer shall be the
designated employee or officer appointed as such by the Board of The Nor-Mac Planning
District who on behalf of The Rural Municipality of North Norfolk shall:
(a)
Receive and review applications for development permits;
(b)
Issue development permits and otherwise administer and enforce the provisions of this
By-law and The Planning Act, where the proposed development of land, buildings or
structures conforms with this By-law, other by-laws of The Rural Municipality of North
Norfolk, and any applicable regulations of the provincial and federal governments;
(c)
Receive and process applications for amendments to this By-law, conditional use
orders and variation orders;
(d)
Issue zoning memoranda and any other documents as may be necessary for the
administration and enforcement of this By-law;
RM of North Norfolk Zoning By-Law
67
(e)
Allow or refuse minor variations (up to 10%) of any height, distance, area, size or
intensity of use requirement in this By-law and the number of parking spaces required
by this By-law as authorized by and in accordance with the provisions of The Planning
Act; and
(f)
Exercise the powers of remedy and enforcement set out in PART 14 herein.
13.5
Responsibilities of the Owner
Subject to the provisions of The Planning Act, the Owner is responsible for:
(a)
The preparation of all applications, forms and drawings which are required to be
submitted to the Development Officer in accordance with the provisions of this By-law
and The Planning Act;
(b)
Obtaining all necessary permits and approvals which may be required by The Rural
Municipality of North Norfolk, the Board, or any agencies or departments of the
provincial or federal governments, prior to the commencement of construction, or the
change of use of any land, building or structure;
(c)
Ensuring that all work is completed in accordance with the approved application and
development permit;
(d)
Obtaining the written approval of the Development Officer before doing any work at
variance with the approved development permit; and
(e)
Permitting the Development Officer to enter any premises at any reasonable time for
the purpose of administering or enforcing this By-law, and shall not molest, obstruct, or
interfere with the Development Officer in the discharge of his duties under this By-law.
13.6
Development Permits
13.6.1 A development permit is required for any of the following:
(a)
Subject to subsection 13.6.2 of this PART, the erection, construction, enlargement,
structural alteration or placing of a building or structure;
(b)
The establishment of a use of land or a building or structure;
(c)
The change of a use of land or a building or structure from the existing use to a use
which is not a permitted use; and
(d)
The alteration or enlargement of an approved conditional use.
13.6.2 Every owner shall be required to obtain a development permit prior to the commencement of
development, including the commencement of construction or relocation of any building or
structure, except as provided for in subsection 13.6.3 herein. The issuance of a
development permit in respect of a building or structure does not affect the obligation to
obtain a building permit or other permit where they are required under the building by-law for
such a building or structure, nor does it relieve the owner from the responsibility of obtaining
any other permit or approval that may be required by any other administrative body, including
business licenses, environmental approvals, highway access and structure location approval
and similar approvals.
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13.6.3
A development permit is not required for the following:
(a)
The erection, construction, enlargement, structural alteration or placing of the following
as accessory structures:
(i)
fences,
(ii)
signs (not including advertising signs where they are conditional uses),
(iii)
lighting,
(iv)
flagpoles,
(v)
sheds and buildings for the storage of domestic equipment and supplies, except
those with a floor area of one hundred (100) square feet or more,
(vi)
non-commercial communications aerials or antennas,
(vii) garden houses or children's playhouses,
(viii) water supply wells and private sewage disposal systems,
(ix)
unenclosed patios, and
(x)
temporary signs and notices including real estate signs; and
(b)
The maintenance, replacement or restoration of building components and finishes,
provided that the size of the building or structure is not materially increased, or the
structural load carrying capacity of any component is not reduced.
13.6.4 Notwithstanding the development permit exemptions listed in subsection 13.6.3 of this
PART, all such exempted activities shall be subject to all other requirements of this By-law
and of any government department, including permits for development within the highway
control areas adjacent to Provincial Trunk Highways and Provincial Roads.
13.6.5 An application for a development permit shall be made by the owner or owners of the site in
question, or by a person authorized in writing by them.
13.6.6 An application for a development permit shall be accompanied by plans drawn to scale
showing the following:
(a)
The shape and dimensions of the site to be used and built on;
(b)
The location and dimensions of existing buildings and structures and their distances
from property lines;
(c)
The location and dimensions of the proposed building, structure, enlargement or
alteration, including separation distances from site boundaries;
(d)
The use or uses of each existing and proposed building and structure, or of the land,
and the area to be occupied by each use; and
(e)
Vehicular access and utility connections; and shall include any other information
required by the Development Officer to determine compliance with, and to provide
enforcement of, this by-law.
13.6.7 An application for a development permit shall be accompanied by the fee prescribed by the
Board of The Nor-Mac Planning District.
13.6.8
Despite apparent compliance with this By-law, the Development Officer may refuse to
issue a development permit where the proposed building, structure or use does not, to the
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Development Officer's knowledge, comply with The Nor-Mac Planning District
Development Plan, Municipal Building By-law, or with any other by-law.
13.6.9
No person shall use or occupy any land, building or structure, or erect, construct, enlarge,
alter or place any building or structure, except in accordance with an approved
development permit (where required), and with this By-law.
13.6.10 All proposed development shall be in accordance with the application and drawings
submitted to and approved by the Development Officer. No work shall vary from the
approved application and drawings without the prior written authorization of the
Development Officer, and the owner shall ensure that all development is completed in
accordance with the approved development permit.
13.6.11 The Development Officer may revoke a development permit
(a)
Where any information accompanying the development application is incorrect or
incomplete and an existing or proposed building, structure or use is thereafter found
to be in contravention of this By-law, the Municipal Building By-law, or any other by-
law; or
(b) Where the development permit was issued in error.
13.7 Application for Amendment
13.7.1
An application for an amendment to this By-law, including a change to the maps, shall be
made to the Development Officer by the owner or owners of the land in question, or by a
person authorized in writing by them.
13.7.2
An application for amendment shall be accompanied by plans drawn to scale showing the
following:
(a)
The shape and dimensions of the land affected;
(b)
The location and dimensions of existing buildings and structures;
(c)
The location and dimensions of any proposed building, structure, enlargement or
alteration;
(d)
The use or uses of each existing and proposed building and structure, or of the land,
and the area to be occupied by each use;
and shall include any other information required by the Development Officer to determine
compliance with, and to provide for enforcement of this By-law.
13.7.3 An application for an amendment to this by-law shall be accompanied by the fee prescribed
by the Board or Council.
13.7.4 Following such consultation, review and report (if any) as the Council deems necessary, the
application shall be submitted to Council, which shall decide whether or not to start the
procedures for enactment of an amendment.
13.7.5 On receipt of an application for amendment, Council may, prior to the hearing date
prescribed under The Planning Act, refer the application to Manitoba Local Government or
any other department or agency for its review and comment.
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13.8
Application for Variances and Conditional Uses
13.8.1 An application for a variation or approval of a conditional use shall be made to the
Development Officer by the owner or owners of the site, or by a person authorized in writing
by them.
13.8.2 An application for a variation or approval of a conditional use shall be accompanied by the
plans and information described in subsection 13.6.6 of this PART.
13.8.3 An application for a variation or approval of a conditional use shall be accompanied by the
fee prescribed by the Board or Council.
13.8.4 Where an application for a variation or conditional use has been submitted, a public hearing
shall be held by the Council, to receive representations from any person with respect to the
proposal, and notice of the public hearing shall be given as required by The Planning Act.
13.8.5 On receipt of an application for a variation or approval of a conditional use in proper form, the
Municipality may, prior to the hearing date prescribed under The Planning Act, refer the
application to Manitoba Local Government or any other department or authority for its review
and comment.
13.8.6 Council shall either approve or deny the variation or conditional use, and may establish
conditions of approval appropriate to the circumstances, in accordance with the provisions of
The Planning Act.
13.8.7 Council may subsequently revoke any approved conditional use as a consequence of any
violation of conditions specified at the time of approval.
13.8.8 The validity of a conditional use or variation shall expire and cease to have any effect if it is
not acted upon within twelve (12) months of the date of the approval by Council unless the
approval is renewed prior to the expiry, at the discretion of Council, for an additional period
not exceeding twelve (12) months.
13.8.9 Except as provided for in subsection 2.2.2 of PART 2 herein, any change in the
circumstances of a conditional use shall be subject to the provisions of subsections 13.8.1 to
13.8.8 herein and the provisions of The Planning Act.
13.9
Development Agreements
13.9.1 In accordance with the provisions of The Planning Act, as a condition of amending the
Zoning By-law, making a variation order or approving a conditional use, Council may, under
The Planning Act, unless otherwise provided, require the owner of the affected property to
enter into a development agreement with The Rural Municipality of North Norfolk in respect
of that land as well as contiguous land owned or leased by the applicant.
13.9.2 Where an application is made for the subdivision of land, Council may require the owner or
the person entitled to be registered as owner of the land to enter into a development
agreement with The Rural Municipality of North Norfolk, in accordance with the provisions of
The Planning Act.
13.9.3 A development agreement may contain provisions with respect to the responsibilities for the
provision of various services and other improvements, such as water and sewer piping, lot
grading and drainage, street construction, and other matters as provided for in The Planning
Act.
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13.10 Fee Schedule
13.10.1 The fees shall be as established by the Board or Council for any amendment, conditional
use order, variation order, zoning memorandum or non-conforming use certificate to this
By-law.
13.10.2 The Board shall, by by-law, establish a fee schedule for development permits and other
charges to be paid by any person for services rendered by any employee of the Board.
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PART 14: ENFORCEMENT
14.1
Entry for Inspection and Other Purposes
14.1.1 The Development Officer may, after giving reasonable notice to the owner or occupier of
land or a building or other structure to be entered:
(a)
Enter the land, building or structure at any reasonable time for the purpose of
inspection, enforcement and or action authorized by this by-law or The Planning Act;
(b)
Request that anything be produced to assist in inspection, remedy, enforcement or
authorized action;
(c)
Make copies of anything related to the inspection, remedy, enforcement, or authorized
action; and
(d)
On providing a receipt, remove a record, document or other item related to the
inspection.
14.1.2 The Development Officer must display or produce on request identification showing his or
her official capacity.
14.1.3 In an emergency or in extraordinary circumstances, the Development Officer need not give
reasonable notice or enter at a reasonable time and may do the things referred to in clauses
14.1.1(a) and (c) of this PART without the consent of the owner or occupant.
14.2
Order to Remedy Contravention
14.2.1 If the Development Officer finds that a person is contravening this By-law or The Planning
Act, the Development Officer may by written order require the person responsible for the
contravention to remedy it if, in the opinion of the Development Officer, the circumstances so
require.
14.2.2 The order may:
(a)
Direct a person to stop doing something, or to change the way in which the person is
doing it;
(b)
Direct a person to take any action necessary to remedy the contravention, and, if
necessary, to prevent a reoccurrence of the contravention;
(c)
State a time within which the person must comply with the order; and
(d)
State that if the person does not comply with the order within the specified time, the
Municipality may take any action required to remedy the contravention, at the expense
of the person.
14.3
Review by the Board
14.3.1 A person against whom an order is made under section 14.2 of this PART may require the
Board of The Nor-Mac Planning District to review it by making a written request to the Board
no later than fourteen (14) days after the date the order was made.
14.3.2 After receiving the written request to review the order, the Board must review the order and
may confirm, vary or rescind the order.
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14.4
Enforcement and Penalties
14.4.1 The enforcement of this By-law or any resolution or order enacted by the Board under The
Planning Act or any regulation made thereunder shall be in accordance with The Planning
Act.
14.4.2 Any penalty imposed for a violation of this By-law shall be in accordance with The Planning
Act.
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PART 15: INTERPRETATION
15.1 Footnotes
The footnotes are part of this By-law.
15.2 Permitted Uses
Where a use appears in the Use and Bulk Tables as a permitted use, it shall not be
construed to include any use which appears as a conditional use for the same zone.
15.3 Definitions
15.3.1 Terms not defined in this By-law which are defined in The Planning Act, have the meaning
provided in The Act.
15.3.2 Where the following terms appear in this By-law they have the meaning provided as follows:
"Accessory building, structure or use", means a building, structure or use which:
(a)
Is subordinate to, incidental to, and serves the principal building, structure or use;
(b)
Is customarily subordinate in area, extent, or purpose to the principal building, structure
or use served;
(c)
Contributes to the comfort, convenience or necessity of occupants of the principal
building, structure or use served; and
(d)
Is located on the same site as the principal building, structure or use served, with the
single exception of such accessory off-street parking facilities as are permitted to
locate elsewhere than on the same zoning site with the building, structure or use
served.
"Accessory", when it is used in this By-law, shall have the same meaning as accessory use.
"Act, Planning", means The Planning Act, C.C.S.M cP80.
"Agricultural activities, general", means a use of land for agricultural purposes including
pasturage, the production of field crops, agriculture, apiculture, floriculture, horticulture and the
necessary accessory uses for packing, storing or treating the produce, provided however, that
the operation of any such accessory uses shall be secondary to that of the normal agricultural
activities. Such activities do not include the following:
(a)
Livestock operations;
(b)
Storage, handling or processing of agricultural products for the general public in return
for remuneration; and
(c)
Sales or servicing (in return for remuneration) of agricultural equipment or agricultural
buildings.
"Agricultural activities, specialized", means agricultural activities such as apiculture,
floriculture, horticulture and activities of a like nature which produce high value, lower volume,
intensively managed agricultural produce which do not require large acreages of land, and
which in the opinion of Council, provide a major component of household income.
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"Agriculture Implement Sales and Services", means a building and open area, used for
display, sale or rental of new or used farm implements and where incidental repair work is
done.
"Agriculture Related Industries", means industries that provide support services for
agricultural activities and includes seed cleaning plants, grain elevators, fertilizer plants, feed
mills, abattoirs, auction marts, implement sales and service, and bulk fuel and fertilizer.
"Aircraft Landing Strip", means any area of land which is used or intended for use for the
landing or take off of aircraft, along with any appurtenant areas used or intended for use as
airport buildings or other airport facilities or rights-of-way, including taxiways, aircraft storage or
tie-down areas, hangars and other related buildings and open spaces.
"Alteration", means a change or modification to an existing building, structure or use.
"Alteration, structural", means, for the purpose of this By-law, any change which would tend
to prolong the life of the supporting members of a building or structure, such as bearing walls,
columns, beams or girders.
"Automobile, mobile home or trailer sales area", means an open area, used for the display,
sale or rental of new or used automobiles, mobile homes or trailers, and where repairs are
made they shall generally be done within a completely enclosed building.
"Automobile service station", means a building or portion thereof and land used for
supplying fuel, oil and minor accessories and making repairs to motor vehicles at retail direct to
the customer, and where repairs are made, they shall generally be done within a completely
enclosed building.
"Basement", means that portion of a building between two floor levels which is partly
underground but which has at least one half of its height from finished floor to finished ceiling
above adjacent finished grade as approved.
"Bed and Breakfast Establishment", means a building or portion thereof, other than a hotel
or motel, where lodging, or lodging and meals, are provided for compensation, exclusive of the
proprietor and his family.
"Board", means the Board of The Nor-Mac Planning District as established under The
Planning Act.
"Building", means, for the purpose of this By-law, a structure having a roof supported by
columns or walls for the housing or enclosure of persons, animals or chattels.
"Building, height of", means the total number of storeys in the building or the vertical
distance measured from grade to the highest point of the roof surface of a flat roof, to the deck
of a mansard roof or to the mean height level between eaves and ridge for a gable, hip or
gambrel roof.
"Building, principal", means the structure in which the principal use of the site is conducted.
"Bulk", means the term used to describe the size of a building or structure or land, and their
relationship to each other, and therefore includes:
(a)
The size (including height of building and floor area) of buildings or structures;
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(b)
The size of the zoning site (including area and width of site) upon which a building is
located, and the number of dwelling units or rooms within such building in relation to
the size of the zoning site;
(c) The location of exterior walls of buildings in relation to site lines, or to other buildings;
and
(d) All open areas relating to buildings or structures and their relationship thereto.
"Camping and tenting grounds", means an area of land designed and improved to
accommodate travel trailers, motor homes, tent trailers, tents and other camping
accommodations on a temporary basis for recreation and vacation purposes.
"Cellar", means that portion of a building between two floor levels which is partly or wholly
underground and which has more than one-half of its height, from finished floor to finished
ceiling, below adjacent finished grade as approved.
"Cemetery", means land for the burial of the deceased and dedicated for cemetery purposes,
including columbaria, crematoria, mausoleums and mortuaries, when operated in conjunction
with and within the boundaries of such cemetery.
"Conditional use", means for the purpose of this By-law, a use which, because of its unique
characteristics and the impact which it may have on nearby premises, will be subject to special
consideration and approval procedures which will take into account the public need for the
proposed use at a given location, as well as any mitigative measures deemed appropriate by
Council.
"Cottage", means a dwelling for one family designed for and used as a secondary or
intermittent place of residence for seasonal vacations and recreational purposes.
"Council", means the Council of The Rural Municipality of North Norfolk.
"Day care", means as follows:
(a)
Group day care, means the provision of child care services to nine (9) or more
children not over the age of twelve (12) in a provincially licensed facility with access to
an outdoor recreation area; and
(b)
Home day care, means the provision of child care services in a family dwelling unit
with access to an outdoor recreation area, in which the owner or tenant resides, or
churches or halls, to children, including the children of the owner or tenant, not over
twelve (12) years of age. The number of children shall not exceed eight (8).
Determination of licensing shall be the responsibility of the owner/operator of the
service and the provincial authority.
"Development Officer", means a person appointed by The Nor-Mac Planning District Board
who is responsible for those duties as provided for herein.
"Drive-in establishment", means an establishment with facilities for attracting and servicing
prospective customers travelling in motor vehicles, which are driven onto the site where the
customer may or may not receive service in the vehicle.
"Dwelling", means a building or portion thereof designed for residential occupancy in
accordance with the provisions of The Buildings and Mobile Homes Act.
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"Dwelling unit", means one (1) or more rooms in a building used or intended to be used by
one (1) or more persons as a single housekeeping unit with cooking, eating, living, sleeping
and sanitary facilities.
"Dwelling, farm", means a single-family dwelling, mobile or modular home, which is the
principal residence of the owner or operator of a permitted or conditionally approved
agricultural activity, and which is located on the same site as the agricultural activity.
"Dwelling, non-farm", means a single-family dwelling, mobile or modular home on a site used
for residential purposes, regardless of the owner's occupation, and found in the "R/A"
Rural/Agriculture and "UT" Urban Transition Zones.
"Dwelling, single-family", means a detached building designed, used or intended to be used
exclusively for occupancy by one (1) family.
"Dwelling, two-family", means a detached building designed, used or intended to be used by
two (2) families, with each family having exclusive occupancy of a dwelling unit.
"Dwelling, multiple-family", means a building containing three or more dwelling units, with
each family having exclusive occupancy of a dwelling unit.
"Dwelling, semi-detached", means one or a pair of two attached single-family dwellings
divided in whole or in part by a common vertical wall, each of which has an independent
entrance either directly from the outside or through a vestibule.
"Dwelling, duplex", means a two-family dwelling that is divided horizontally into two separate
dwelling units each of which has an independent entrance either directly from the outside or
through a common vestibule.
"Enlargement", means an addition to the floor area of an existing building, an increase in the
size of any structure, or an increase in that portion of an area of land occupied by an existing
use.
"Existing", means existing on the effective date of this By-law.
"Family", means one or more persons related by blood or marriage or common-law marriage
occupying a dwelling unit, or a group of not more than four (4) unrelated persons, living
together and maintaining a common household, which shall be deemed to exist if all members
thereof have access to all parts of the dwelling.
"Farm Building or Structure", means any building or structure designed for and used
principally for agricultural activities, but does not include a dwelling.
"Garage", means a building or portion thereof in which a motor vehicle is stored, repaired,
washed or serviced.
"Guest House", means a fully furnished and equipped dwelling for rental purposes to hunting
parties, snowmobilers, family reunions, family vacations or just an overnight stay providing
country living.
"Grade", means the average level of finished ground adjoining a building or structure at all
exterior walls, as determined by the Development Officer.
"Home-based business", means an accessory use which is carried on principally by the
members of the family residing at the same dwelling unit or mobile home or its permitted
accessory building and is incidental to or secondary to the principal residential use.
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"Hotel", means a building or part thereof wherein accommodation is provided for transient
lodgers, in any individual room or suite, with or without cooking facilities, and may include
accessory uses such as restaurants, beverage rooms, banquet halls, and meeting rooms.
"House, boarding, lodging or rooming", means a building or portion thereof, other than a
hotel or motel, where lodging, or lodging and meals, are provided for compensation, exclusive
of the proprietor and his family.
"Hundred year flood", means a flood that can be expected to occur, on average, once in one
hundred (100) years, or specifically a flood that has a one percent (1%) chance of being
equalled or exceeded in any year.
"Kennel", means premises on which more than two (2) dogs or cats at least four (4) months of
age are maintained, boarded, bred, trained, or cared for, in return for remuneration, or are kept
for the purpose of sale, with the exception of animal pounds and veterinary clinics.
"Lane, public", means a public thoroughfare not over thirty-three (33) feet in width in public
ownership which affords only a secondary means of access to abutting property.
Livestock
"Animal housing facility", means for the purpose of this by-law, a barn or an outdoor, non-
grazing area where livestock are confined by fences or other structures.
"Animal Unit or A.U.", means the number of animals of a particular category of livestock
that will excrete 73kg of total nitrogen in a 12 month period, as established by the Province.
"Earthen Manure Storage Area", means a structure built primarily from soil, constructed by
excavating or forming dykes, and used to retain livestock manure.
"Feedlot", means a fenced area where livestock are confined solely for the purpose of
growing or finishing, and are sustained totally by means other than grazing. This structure
may be emptied for short periods of time during the year for cleaning, maintenance or
livestock economic or management reasons.
"Livestock Operation", means a permanent or semi-permanent facility or non-grazing area
where livestock producing at least 10 animal units are kept or raised, either indoors or
outdoors, and includes all associated manure collection facilities, but does not include an
auction mart, agricultural fair, and livestock sale yards, in which livestock may be kept for a
period not exceeding 10 days, unless they create a pollution problem.
"Non-Earthen Manure Storage Facility", means a structure, molehill, tank or other facility
not made out of earth for storing manure and includes any permanent equipment or
structures in or by which manure is moved to or from the storage facility, but does not include
a field storage site, a vehicle or other mobile equipment used to transport or dispose of
manure, a gutter or concrete storage pit used to store liquid or semi-solid manure for less
than 30 days, a collection basin, or a composting site for manure or mortalities.
"Seasonal feeding area", means an outdoor non-grazing area where livestock are kept for
the purpose of providing supplemental or total feed requirements on a seasonal basis, and
where manure builds up such that mechanical removal and land application is required, but,
for the purposes of this By-law, does not include a feedlot.
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"Loading space", means an off-street space on the same zoning site with a building or
contiguous to a group of buildings, for the temporary parking of a commercial vehicle while
loading or unloading merchandise or material, and which abuts upon a street, lane or other
appropriate means of access.
"Mobile home", means a factory-built transportable dwelling which is designed or used for
residential occupancy, built upon or having a frame or chassis to which wheels may be
attached by which it may be moved upon a highway, whether or not such structure actually has
at any time such wheels attached, or is jacked up or skirted and which conforms to the
structural standards of The Buildings and Mobile Homes Act, Chapter B93, C.C.S.M., and
amendments thereto.
"Mobile home park", means an area of land upon which mobile home spaces are rented to
individual mobile home owners, and which has been approved by Council.
"Mobile home site", means a site in a mobile home subdivision which may be purchased for
the placement of a mobile home.
"Modular home", means a pre-fabricated portable dwelling unit similar to but distinct from a
mobile home, in that a modular home does not have a chassis designed to accommodate
wheels. Modular homes are designed to be transported to a site on a flatbed truck and may be
folded, collapsed or telescoped when in tow, and which may be extended on the site for
additional interior space. Modular homes are distinct from ready-to-move dwellings in that they
are not designed or constructed to the same building code requirements.
"Motel", means a building not over two storeys in height wherein sleeping accommodation is
provided for transient lodgers, in which there is an exit from individual rooms or suites directly
to the outdoors, and may include accessory uses such as restaurants, beverage rooms,
banquet halls, and meeting rooms.
"Motor home", means a self-propelled vehicle designed for temporary living, sleeping and
eating accommodation of persons and includes a camper pick-up and camper van.
"Non-conformity", means one, or a combination of more than one, of the following:
(a)
A site or an area of land;
(b)
A building or structure;
(c)
A use of a building or structure;
(d)
A use of land; or
(e)
A sign;
which lawfully existed prior to the effective date of this By-law or amendments thereto, but
does not conform to the provisions contained within this By-law.
"Open Space", shall mean that required portion of a site at ground level unoccupied by
principal or accessory buildings and available to all the occupants of the building.
"Ordinary High Water Mark", means a point on land that would be at the water's edge when
the water reaches the following level:
(a)
In the case of a reservoir, the full supply level;
(b)
In the case of a drain, the bank-full level; and
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(c)
In the case of any other water body, the highest level to which the water usually rises
each year at which it remains long enough to change the characteristics of the land or
vegetation on the land.
"Owner", means an owner as defined in The Planning Act.
"Parcel of land", means a parcel as defined in The Planning Act.
"Parking area", means an open area of land other than a street or lane, or an area within a
structure, used for the parking of vehicles.
"Parking area, public", means an off-street parking area used for the temporary parking of
vehicles and is available for public use whether free, for compensation or as an
accommodation for clients, customers, employees or visitors.
"Parking space", means a space on a parking area, public parking area or zoning site for the
temporary parking or storage of a motor vehicle.
"Party wall", means a wall forming part of a building and used for separation of adjoining
buildings occupied, constructed or adapted to be occupied by different owners, persons or
businesses.
"Public utility", means any system, works, plant, pipeline, equipment or service which
furnishes services and facilities available at approved rates to or for the use of the general
public, including but not limited to:
(a)
Communication, by way of telephone, telegraph, wireless or television;
(b)
Public transportation, by bus or other vehicles;
(c)
Production, transmission, delivery or furnishing of water, gas or electricity to the public
at large; or
(d)
Collection of sewage, garbage or other waste.
"Public utility building", means a building used by a public utility.
"Recycling depot", means a building where waste materials such as paper, plastic and
metals are collected and separated for storage and transfer to market.
"Repair", means the renewal or reconstruction of any part of an existing structure for the
purpose of its maintenance or restoration, excluding structural alterations.
"Residential care facility", means the use of any building or structure, or part thereof, which
is advertised, announced or maintained for the express or implied purpose of providing
lodging, meals, care and supervision, or transitional services to persons not related by blood,
marriage or adoption to the operator, nor to each other, but does not include a facility licensed
or designated as an institution by The Manitoba Health Services Commission.
"Shopping centre", means a building or group of buildings designed, developed, owned and
managed as a unit by a single owner or tenant, or group of owners or tenants containing three
or more separated spaces for lease or occupancy of commercial uses or business or
professional offices.
"Sign", means any writing (including letter, word, or numeral), pictorial representation
(including illustration or decoration), emblem (including device, symbol or trademark), banner,
pennant or any other figure of similar character which:
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(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)
construction sign, means a sign which identifies a construction project and
information relative thereto;
v)
identification sign, means an accessory sign that identifies the business,
owner, or resident and/or the street address and which sets forth no other
advertisement;
vi)
real estate sign, means a sign advertising the sale, rental or lease of the
premises on which it is maintained; and
vii)
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.
"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 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 at no point more than three (3) feet from one another, the sign surface area of the sign
may be taken as the sign surface area of one (1) face.
"Site", means. a zoning site as defined herein unless the context indicates otherwise.
"Site area", means the computed area contained within the site lines.
"Site, corner", means a site situated at the intersection of two (2) streets, the interior angle of
such intersection not exceeding 135 degrees.
"Site depth", means the horizontal distance between the centre points in the front and rear
site lines.
"Site, interior", means a site other than a corner site or a through site.
RM of North Norfolk Zoning By-Law
82
"Site lines", means as follows:
(a)
Front site line, means that boundary of a site which is along an existing or designated
street. For a corner site, the front site line shall be that line which is the continuation of
the front site line of any abutting interior site, or in the case of a corner site which is
abutted by two interior sites, the front site line shall be the site line which is shorter,
otherwise the Development Officer may select the front site line;
(b)
Rear site line, means that boundary of a site which is most nearly parallel to the front
site line and in the case of a site in which the side site lines intersect, such as a
triangular site, a line ten (10) feet in length within the site, parallel to and at the
maximum distance from the front site line;
(c)
Side site line, means any boundary of a site which is not a front or rear site line; and
(d)
Where an irregular shaped site cannot have its site lines defined by the foregoing
definitions, the front, rear and side site lines shall be determined by the Development
Officer.
"Site, through", means a site having a pair of opposite site lines along two (2) more or less
parallel streets.
"Site, width", means the horizontal distance between the side site lines, measured at right
angles to the site depth at a point midway between the front and rear site lines, or forty (40)
feet from the front site line, whichever is the lesser.
"Site, zoning", means an area of land which:
(a)
Is occupied, or intended to be occupied, by a principal building or a group of such
buildings and accessory buildings, or utilized for the principal use or uses thereto,
together with such open spaces as are required under the provisions of this By-law;
(b)
Has frontage on a street or has any lawful means of public access satisfactory to the
Council; and
(c)
Is of sufficient size to provide the minimum requirements of this By-law for a permitted
or conditional use in a zone where the use is located.
"Street", means for the purpose of this By-law, a thoroughfare in public ownership which
provides the principal means of access to abutting property.
"Structure", means anything constructed or erected with a fixed location on the ground, or
attached to something having a fixed location on the ground and includes buildings, walls,
fences, signs, billboards, light standards and similar items.
"Surface water", means any body of flowing or standing water, whether naturally or artificially
created, including, but not limited to, a lake, river, creek, spring, drainage ditch, roadside ditch,
reservoir, swamp, wetland and marsh, including ice on any of them, but not including a dugout
or reservoir on the property of an agricultural operation.
"Surface 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.
RM of North Norfolk Zoning By-Law
83
"Travel Trailer", means any vehicle or portable structure constructed so as to permit
temporary occupancy thereof for lodging purposes or for use as an accessory building or
structure in the conduct of a business, trade, or occupation, and which is designed and
constructed so that it is, or may be, mounted on wheels and used as a conveyance on streets
and highways, and which is propelled or drawn by its own or other motive power.
"Use", means:
(a)
Any purpose for which a building or structure or an area of land may be designed,
arranged, intended, maintained or occupied; or
(b)
Any activity, occupation, business or operation carried on, or intended to be carried on,
in a building or structure or on an area of land.
"Wrecking Establishment", means the dismantling or wrecking of used motor vehicles,
trailers or agricultural implements, or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles, agricultural implements or their parts.
"Yard, required", means an open area, on the same zoning site with a building or structure,
which yard is unoccupied and unobstructed from its lowest level to the sky, except as
otherwise permitted herein, and which extends along a site line to a depth or width (measured
from the site line) specified in the yard requirement for the zone in which such zoning site is
located.
(a)
Yard, front, means a yard extending along the full length of the front site line between
the side site lines;
(b)
Yard, rear, means a yard extending along the full length of the rear site line between
the side site lines;
(c)
Yard, side, means a yard extending along the side site line from the front yard to the
rear yard;
(d)
Yard, corner side, means a side yard which adjoins a public street; and
(e)
Yard, interior side, means a side yard which is located adjacent to another zoning
site, or to a lane separating such side yard from another zoning site.
APPENDIX "A"
ZONING MAPS
Attached to
BY-LAW NO. 785-2011
THE RURAL MUNICIPALITY OF
NORTH NORFOLK
APPENDIX "B"
METRIC CONVERSION TABLE
APPENDIX "B"
METRIC CONVERSION TABLE
FEET
METRES
SQ. FEET
SQ. METRES
1.0
0.30
4
0.37
2.0
0.61
6
0.56
2.5
0.76
10
0.93
3.0
0.91
16
1.49
4.0
1.22
32
2.97
5.0
1.52
50
4.65
6.0
1.83
100
9.29
7.0
2.13
400
37.16
9.0
2.74
600
55.74
10.0
3.05
1000
92.90
12.0
3.66
1500
139.35
15.0
4.57
2500
232.26
17.0
5.18
3500
325.16
18.0
5.49
3750
348.39
20.0
6.10
5000
464.50
24.0
7.32
6000
557.42
25.0
7.62
7500
696.75
30.0
9.14
10000
929.00
33.0
10.06
12000
1114.84
40.0
12.19
12500
1161.29
50.0
15.24
15000
1393.50
60.0
18.29
20000
1858.00
75.0
22.86
30000
2787.00
85.0
25.91
100.0
30.48
ACRES
HECTARES
110.0
33.53
125.0
36.10
2
0.81
135.0
41.15
3
1.21
150.0
45.72
5
2.02
200.0
60.96
10
4.05
300.0
91.44
16
6.47
328.0
99.97
20
8.09
330.0
100.58
40
16.19
400.0
121.92
80
32.38
492.0
149.96
160
64.75
500.0
152.40
660.0
201.17
738.0
224.94
MILES
KILOMETRES
835.0
255.42
984.0
299.92
0.5
0.80
1000.0
304.80
1.0
1.61
1107.0
337.41
1312.0
399.90
1320.0
402.34
1500.0
457.20
1640.0
499.87
1230.0
374.90
1476.0
449.88
1722.0
524.87
1739.0
530.05
1968.0
599.85
2214.0
674.83
2460.0
758.95
APPENDIX "B"
METRIC CONVERSION TABLE
FEET
METRES
2625.0
800.10
2640.0
804.67
2952.0
899.77
3446.0
1050.34
3511.0
1070.15
3937.0
1200.00
3938.0
1200.30
4364.0
1330.15
4430.0
1350.26
4922.0
1500.23
5249.0
1599.90
5906.0
1800.15
6135.0
1869.95
6561.0
1999.79
6988.0
2129.94
7874.0
2400.00
8760.0
2670.05
9186.0
2799.89
10499.0
3200.10
11811.0
3599.99
13123.0
3999.89