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TOWN
OF
MACGREGOR
ZONING BY-LAW
NO. 772-2011
THE TOWN OF MACGREGOR BY-LAW NO. 772-2011
BEING a by-law of The Town of MacGregor 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 hat is 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 Town of MacGregor in meeting duly
assembled, enacts as follows:
1. This By-law shall be known as the Town of MacGregor 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 Village of MacGregor to
adopt The Village of MacGregor By-law No. 460 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thereto are hereby repealed.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 Town of MacGregor,
Manitoba this ___ day of ____, 2012 A.D.
___________________________
Mayor
_________________________
Chief Administrative Officer
READ A FIRST TIME THIS
27th
day of
April
A.D. 2011
READ A SECOND TIME THIS
8th
day of
September
A.D. 2011
READ A THIRD TIME THIS 3rd
day of May
A.D. 2012
TOWN OF MACGREGOR
ZONING BY-LAW
BEING SCHEDULE "A"
TO
BY-LAW NO. 772-2011
OF
THE TOWN OF MACGREGOR
Prepared for:
THE TOWN OF MACGREGOR
By:
Marvin R. Borgfjord
Planning Consultant
Dauphin, MB
and
Genivar
May, 2011
Town of MacGregor 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 MAP ................................................................................... 5
3.1
Zones ........................................................................................................................................... 5
3.2
Zoning Map .................................................................................................................................. 6
3.3
Interpretation of Zone Boundaries ............................................................................................... 6
PART 4: GENERAL BULK REQUIREMENTS ........................................................................................ 8
4.1
Application of Bulk Requirements ............................................................................................... 8
4.2
Existing Substandard Parcels of Land ........................................................................................ 8
4.3
Projections into Required Yards .................................................................................................. 8
4.4
Double Frontage Sites ................................................................................................................. 8
4.5
Separation of Principal Building and Any Other Building ............................................................ 9
4.6
Unconventional Sites ................................................................................................................... 9
4.7
Landlocked Sites ......................................................................................................................... 9
PART 5: GENERAL REGULATIONS FOR ALL ZONES ........................................................................ 10
5.1
Land Subject to Flooding and Erosion ........................................................................................ 10
5.2
Separation for Sewage Lagoons ................................................................................................. 10
5.3
Site Reduced by Road Widening ................................................................................................ 11
5.4
Building Removal ......................................................................................................................... 11
5.5
Building Grade and Site Drainage ............................................................................................... 11
5.6
Road Access................................................................................................................................ 11
5.7
Service Connections .................................................................................................................... 11
5.8
Public Monuments and Cairns..................................................................................................... 11
5.9
Signs ............................................................................................................................................ 11
5.10
Temporary Buildings and Uses ................................................................................................... 12
5.11
Road Allowances ......................................................................................................................... 12
5.12
Basement Accommodations ........................................................................................................ 12
Town of MacGregor Zoning By-law
ii
5.13
Noxious or Offensive Uses .......................................................................................................... 12
5.14
Mobile Home Provisions .............................................................................................................. 13
5.15
Parking Lot Design ...................................................................................................................... 13
TABLE 5-1:
PARKING AREA DIMENSIONS ..................................................................................... 13
PART 6: RESIDENTIAL ZONES ............................................................................................................. 14
6.1
Permitted and Conditional Uses .................................................................................................. 14
TABLE 6-1: RESIDENTIAL USE TABLE ................................................................................................ 14
6.2
Accessory Uses, Buildings and Structures .................................................................................. 15
6.3
Residential Bulk Regulations ....................................................................................................... 16
TABLE 6-2: RESIDENTIAL BULK TABLE .............................................................................................. 16
6.4
Parking ......................................................................................................................................... 20
TABLE 6-3: RESIDENTIAL PARKING TABLE ........................................................................................ 20
6.5
Fences and Walls ........................................................................................................................ 21
6.6
Signs ............................................................................................................................................ 22
6.7
Mobile Home Park Regulations ................................................................................................... 22
6.7.1
Minimum Park Size ......................................................................................................... 23
6.7.2
Buffer Area ..................................................................................................................... 23
6.7.3
Development of the Buffer Area ..................................................................................... 23
6.7.4
Location of Storage Compound ...................................................................................... 23
6.7.5
Mobile Home Park Internal Roadway System ................................................................ 23
6.7.6
Number of Mobile Homes ............................................................................................... 23
6.7.7
Distance from Storage Compound, Common Parking, Service Building ....................... 23
6.7.8
Required Services for Mobile Home Space ................................................................... 24
6.7.9
Location of Accessory Buildings and Structures ............................................................ 24
6.7.10 Accessory Structures and Buildings ............................................................................... 24
6.7.11 Site Plans - Requirements ............................................................................................. 24
6.7.12 Mobile Home Standards ................................................................................................. 24
6.7.13 Required Services for Mobile Home Park ...................................................................... 24
PART 7: COMMERCIAL AND INDUSTRIAL ZONES ............................................................................. 25
7.1
Permitted and Conditional Uses .................................................................................................. 25
TABLE 7-1: COMMERCIAL AND INDUSTRIAL USE TABLE ................................................................. 25
7.2
Accessory Uses, Buildings and Structures .................................................................................. 29
7.3
Commercial and Industrial Bulk Regulations ............................................................................... 30
TABLE 7-2: COMMERCIAL AND INDUSTRIAL BULK TABLE .............................................................. 31
Town of MacGregor Zoning By-law
iii
7.4
Parking and Loading .................................................................................................................... 33
TABLE 7-3: COMMERCIAL AND INDUSTRIAL PARKING TABLE ........................................................ 33
7.5
Fences and Walls ........................................................................................................................ 34
7.6
Signs ............................................................................................................................................ 34
7.7
Pollution Standards ..................................................................................................................... 35
PART 8: INSTITUTIONAL, OPEN SPACE/RECREATION AND URBAN TRANSITION ZONES .......... 36
8.1
Permitted and Conditional Uses .................................................................................................. 36
TABLE 8-1: INSTITUTIONAL, OPEN SPACE/RECREATION AND URBAN TRANSITION USE
TABLE ......................................................................................................................................... 36
8.2
Accessory Uses, Buildings and Structures .................................................................................. 37
8.3
Institutional, Open Space/Recreation and Urban Transition Bulk Regulations ........................... 38
TABLE 8-2: INSTITUTIONAL, OPEN SPACE/RECREATION AND URBAN TRANSITION BULK
TABLE ......................................................................................................................................... 39
8.4
Parking and Loading .................................................................................................................... 40
TABLE 8-3: INSTITUTIONAL OPEN SPACE/RECREATION AND URBAN TRANSITION PARKING
TABLE ......................................................................................................................................... 41
8.5
Signs ............................................................................................................................................ 41
PART 9: REQUIREMENTS FOR SPECIFIC USES ................................................................................ 43
9.1
Home-Based Businesses ............................................................................................................ 43
9.2
Multiple Uses ............................................................................................................................... 44
9.3
Special Limitations Governing the Development of Non-Farm Dwellings, Farm Dwellings and
Agricultural Buildings ................................................................................................................... 44
9.4
Hazardous Materials Storage ...................................................................................................... 44
9.5
Livestock and Livestock Operations ............................................................................................ 44
PART 10: ADMINISTRATION ................................................................................................................. 45
10.1
Administration and Enforcement ................................................................................................. 45
10.2
Responsibilities of Council ........................................................................................................... 45
10.3
Responsibilities of the Board ....................................................................................................... 45
10.4
Responsibilities of the Development Officer ................................................................................ 45
10.5
Responsibilities of the Owner ...................................................................................................... 46
10.6
Development Permits .................................................................................................................. 46
10.7
Application for Amendment ......................................................................................................... 48
10.8
Applications for Variances and Conditional Uses........................................................................ 49
10.9
Development Agreements ........................................................................................................... 50
10.10
Fee Schedule............................................................................................................................... 50
Town of MacGregor Zoning By-law
iv
PART 11: ENFORCEMENT .................................................................................................................... 51
11.1
Entry for Inspection and Other Purposes .................................................................................... 51
11.2
Order to Remedy Contravention.................................................................................................. 51
11.3
Review by the Board ................................................................................................................... 52
11.4
Enforcement and Penalties ......................................................................................................... 52
PART 12: INTERPRETATION ................................................................................................................. 53
12.1
Footnotes ..................................................................................................................................... 53
12.2
Permitted Uses ............................................................................................................................ 53
12.3
Definitions .................................................................................................................................... 53
APPENDIX "A"
ZONING MAP
APPENDIX "B"
METRIC CONVERSION TABLE
Town of MacGregor Zoning By-law
1
PART 1: SCOPE
1.1
This By-law shall be known as the Town of MacGregor Zoning By-law.
1.2
This By-law applies to all lands in The Town of MacGregor indicated on Map 1 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 Town of MacGregor 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.
Town of MacGregor 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 12: INTERPRETATION
and shall be dealt with in accordance with procedures outlined in PART 9:
REQUIREMENTS
FOR
SPECIFIC
USES,
PART
4:
GENERAL
BULK
REQUIREMENTS, PART 5: GENERAL REGULATIONS FOR ALL ZONES, and
PART 10: 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
two-family dwellings or multiple-family dwellings and mobile homes in a mobile home
park which has been approved by Council 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
Town of MacGregor 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 with 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, 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 10.
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.
Town of MacGregor 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 10.8 of PART 10.
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 permit is required, no
accessory use, building or structure shall be constructed on the site, prior to the
review and approval by Council of the conditional use in accordance with PART 10 of
this By-law and the requirements of The Planning Act.
2.5.4
A farm dwelling shall be permitted as an accessory use to a permitted or conditionally
approved agricultural operation in the "UT" - Urban Transition Zone.
Town of MacGregor Zoning By-law
5
PART 3: GUIDE TO ZONES AND ZONING MAP
3.1
Zones
3.1.1 Uses of land in The Town of MacGregor are regulated in accordance with the following
zones:
(a)
"R" Residential Zone
This zone provides for the development of municipally serviced low density
single-family residential development and associated or compatible uses.
(b)
"RG" Residential General Zone
This zone provides for the same uses as in the "R" Residential Zone but also
includes the development of individual mobile homes and two-family residential
development and associated or compatible uses on municipally serviced sites.
(c)
"RM" Residential Multiple-Family Zone
This zone provides for municipally serviced moderate density development of
three or more dwelling units and associated or compatible uses. Single-family
and two-family dwellings are also permitted.
(d)
"CG" Commercial General Zone
This zone provides for appropriate municipally serviced land in the Town's central
business area to allow it to be multi-functional in nature, and to develop as the
most intensive retail business, social, cultural and administrative area of the town.
(e)
"CH" Commercial Highway Zone
This zone provides for appropriate land with municipally approved water and
waste disposal systems to accommodate those businesses requiring large site
areas and to provide retail and personal services adjacent to major transportation
routes to serve the needs of the traveling public.
(f)
"MG" Industrial General Zone
This zone provides land with municipally approved water and waste disposal
systems for the development of processing, distribution, transportation,
warehousing and other low impact industrial uses which carry on their operations
in such a manner that minimal 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.
Town of MacGregor Zoning By-law
6
(g)
"I" Institutional Zone
This zone provides for the development of municipally serviced areas for
governmental, educational, hospital and institutional uses on relatively large
areas of land.
(h)
"O/R" Open Space/Recreation Zone
This zone provides for public parks and recreational purposes and for the
conservation of undeveloped scenic or hazard lands, lands buffering 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 continuation of non-intensive agricultural and
agricultural related and open space uses in such a manner as to facilitate the
orderly expansion of the Town.
3.1.2 The permitted and conditional uses prescribed for sites within each zone described
above, are those set out in the Use and Bulk Tables in PARTS 6, 7 and 8 of this By-
law.
3.2
Zoning Map
3.2.1 The location and boundaries of the zones listed in subsection 3.1.1 of this PART are
shown on Map 1 of Appendix "A" of this By-law. The said map forms a part of this
Zoning By-law. All notations, references and other information shown thereon,
together with any amendments made by amending by-laws made from time to time and
shown thereon, together with any amendments to the boundaries in the case of any
street, lane or public utility right-of-way closing shall be as much a part of this By-law
as if the matters and information set forth by the said Zoning Map were fully described
herein.
3.2.2 The scale and dimensions of the Zoning Map are in feet.
3.2.3 All plan references on Zoning Map 1 of Appendix "A" of this By-law pertain to
registered plans filed in the Neepawa Land Titles Office.
3.3
Interpretation of Zone Boundaries
3.3.1 Boundaries indicated as approximately following:
(a)
the centerlines of railway or public utility rights-of-way;
(b)
the centerlines of streets, highways, or lanes;
(c)
lot, site, or holding lines; or
(d)
municipal limits;
shall be construed as following those lines or limits.
Town of MacGregor Zoning By-law
7
3.3.2 If a street or lane or railway or public utility right-of-way (hereinafter referred to as the
feature) shown on Zoning Map 1 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.
Town of MacGregor Zoning By-law
8
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 each zone and use in the applicable Use and Bulk Tables and the other
requirements of this By-law.
4.2
Existing Substandard Parcels of Land
Any site or parcel of land which was lawfully in existence at the date of adoption of this
By-law, and which does not comply with the minimum site area and/or site width
requirements 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 10 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
Projections into Required Yards
Within all zones, the required yards are intended to provide open spaces around
buildings and structures for purposes of amenity, privacy, fire protection, and
maintenance operations along the walls of buildings. Required yards shall be
maintained as open space areas on all sites, except as provided in the bulk
requirements for each zone.
4.4
Double Frontage Sites
Within all zones in the Town of MacGregor, where a site has frontage along two more
or less parallel streets, the following provisions shall apply:
(a)
Where the site depth is greater than two hundred (200) feet, both site lines which
abut these streets shall be considered to be front site lines, and the adjacent
yards shall both be considered to be required front yards; and
Town of MacGregor Zoning By-law
9
(b)
Where the site depth is two hundred (200) feet or less, only one site line shall
be considered to be the front site line, and this determination shall be made by
the Development Officer, based on the arrangement of existing buildings in the
immediate area.
4.5
Separation of Principal Building and Any Other Building
The minimum distance between the principal building and any other building shall be
six (6) feet, unless otherwise provided for herein.
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 12, 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.
Town of MacGregor Zoning By-law
10
PART 5: GENERAL REGULATIONS FOR ALL ZONES
5.1
Land Subject to Flooding and Erosion
5.1.1 No permanent buildings or structures, except for fences, shall be built in areas 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.
5.1.2 Where development is proposed in an area which, in the opinion of the Development
Officer, may be subject to ponding due to snowmelt or heavy rainfall events, the owner
may be required to undertake additional flood proofing measures such as but not
necessarily limited to including the provision of sufficient fill around the building to
provide an additional measure of protection from flood damage.
5.1.3 No permanent building shall be constructed or placed on land, which is subject to
subsidence or erosion by water or is marshy or unstable, or is otherwise unsuitable or
hazardous by virtue of its soil or topography, unless it is demonstrated to the
satisfaction of Council that proper measures will be taken to mitigate hazard to an
acceptable level.
5.1.4 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.
5.1.5 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. Council may seek the advice of
appropriate government agencies on the adequacy of the proposed preventative
measures.
5.2
Separation for Sewage Lagoons
5.2.1 No new habitable buildings, including dwellings, schools, motels, restaurants,
institutions and hospitals shall be located within one thousand five hundred (1,500) feet
of a sewage lagoon. Proposals to alter this separation distance must be considered
and approved by the Environmental Authorities of the Province prior to development.
5.2.2 The above distances are to be measured from the centerline of the nearest lagoon
dyke.
Town of MacGregor Zoning By-law
11
5.3
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 be part of the
site for purposes of determining compliance with the minimum site area and site width
requirements and required yards for existing buildings as specified by this By-law;
however, where new buildings or structures are proposed, the required yards shall be
determined by the location of actual site boundaries.
5.4
Building Removal
Upon completion of removal, relocation 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.
5.5
Building Grade 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.
5.6
Road Access
No permanent building may be constructed or placed on a site, which does not have
legal access to an improved public road. Legal access to an improved road allowance
may be obtained through an easement agreement.
5.7
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.
5.8
Public Monuments and Cairns
Nothing in this By-law shall be so interpreted as to interfere with the establishment of
public monuments and cairns; however, all such structures shall be subject to the
approval of Council.
5.9
Signs
5.9.1. No sign or sign structure shall be erected or temporarily placed 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.
5.9.2. 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 Town at the owner's expense.
Town of MacGregor Zoning By-law
12
5.10
Temporary Buildings and Uses
5.10.1 Temporary buildings, structures and uses of land are permitted on a site in connection
with construction and development on that or a nearby site, subject to the issuance of a
development permit and only for the following purposes:
(a)
offices for the contractor, developer, project supervisor or safety personnel;
(b)
accommodation for a caretaker;
(c)
storage of materials and equipment; and
(d)
temporary accommodations, field offices and temporary concrete and asphalt
plants necessary for 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 dwelling
or residence.
5.10.2 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.
5.11
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.
5.12
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.
5.13
Noxious or Offensive Uses
Notwithstanding anything herein contained, 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 necessary licensing shall be obtained from Manitoba
Conservation, as required.
Town of MacGregor Zoning By-law
13
5.14
Mobile Home Provisions
All mobile homes which are either newly sited or relocated within The Town of
MacGregor after the effective date of this By-law, shall conform to 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.
5.15
Parking Lot Design
All parking lots shall conform to the provisions of the following TABLE 5-1 PARKING
AREA DIMENSIONS and drawing.
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
Town of MacGregor Zoning By-law
14
PART 6: RESIDENTIAL ZONES
6.1
Permitted and Conditional Uses
TABLE 6-1: RESIDENTIAL USE TABLE lists all uses that are permitted or conditional
in the Residential Zones.
TABLE 6-1: RESIDENTIAL USE TABLE
LEGEND
"P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
ZONES
"R"
"RG"
"RM"
Arts and Crafts Studios
C
C
C
Bed and Breakfast Establishments with 3 or more guest
rooms
C
C
P
Boarding, Rooming and Lodging Houses with 3 or more
boarders
C
C
P
Community Centres and Community Clubs
C
C
P
Dwellings:
Single-Family Dwellings
Two-Family Dwellings
Mobile Homes
Modular Homes
Multiple-Family Dwellings, including threeplexes,
fourplexes, row housing and apartment buildings.
P
C
-
-
-
P
P
P
P
-
P
P
-
-
P
Group Day Care Facilities (9 children or more)
-
C
C
Mobile Home Parks
-
C
C
Mobile Home Subdivisions
C
C
-
Personal Care Homes and similar institutions
-
-
C
Public Utility Buildings
P
P
P
Religious Institutions, including churches, church halls, and
church educational facilities
C
C
P
Residential Care Facilities for 3 or more adults or children
C
C
P
Senior Citizens' Homes
-
-
P
Existing Uses*
P
P
P
Accessory Uses, Buildings and Structures
P
P
P
Town of MacGregor Zoning By-law
15
*Existing uses in the residential zones 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.
6.2
Accessory Uses, Buildings and Structures
6.2.1 In the Residential 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 6.3 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
6.4 of this PART;
(d)
Antennas, including satellite dish antennas;
(e)
Fences and walls, subject to the additional provisions of section 6.5 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 9.1 of PART 9 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 6.6 of this PART; and
(i)
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.
Town of MacGregor Zoning By-law
16
6.3
Residential Bulk Regulations
6.3.1 The Residential Bulk Regulations shall be as set forth in TABLE 6-2: RESIDENTIAL
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.
6.3.2 The owner shall maintain the minimum site area, site width, required yards and other
requirements specified herein for any use.
6.3.3 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.
6.3.4 No parcel of land shall be subdivided into sites, unless each site conforms with the bulk
regulations as set forth in TABLE 6-2.
6.3.5 No required yard shall be reduced below the minimum requirements as set forth in
TABLE 6-2 unless a minor variation or variation order is obtained in accordance with
the provisions of The Planning Act.
TABLE 6-2: RESIDENTIAL 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)
7,200
60
70
25
5(e)
10(f)(g)
25
Boarding, Rooming and
Lodging Houses (more
than 2 boarders)
7,200
60
70
25
5(e)
10(f)(g)
25
Community Centres and
Community Clubs
15,000
100
110
25
5(e)
10
25
Town of MacGregor Zoning By-law
17
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
Dwellings:
Single-Family
Two-Family (i)(j)
Multiple-Family (i)(j)
Mobile & Modular homes
Subdivision
Park
5,000(k)
7,500
10,000(m)
5,000
5,000(o)
50(k)
75
100
50
40
60
75
100
60
50
25
25
25
25
15
5(e)
5(l)
10(n)
5(e)
5
10(g)(h)
10(g)
15
10(h)
10(h)
25
25
25
25
25
Group Day Care Facilities
7,200
60
70
25
5(e)
10(g)
25
Parks and Playgrounds
5,000
50
60
25(p)
5(p)
10(p)
25(p)
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 more than 2 adults or
children
7,200
60
70
25
5
10
25
Senior Citizens' Housing
15,000
100
110
25
10
15
25
Accessory Uses, Buildings
and Structures (q)
-
-
-
25
2
10(f)(g)(h)
7(r)
The following notations, exceptions and additional requirements form part of TABLE
6-2:
(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 R and RG
Zones shall be thirty (30) feet and in the RM Zone shall be forty-five (45) 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;
Town of MacGregor Zoning By-law
18
(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)
In the "R" Residential Zone, the minimum site area shall be (7,200) square feet
and the minimum interior site width shall be (60) feet.
(l)
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;
Town of MacGregor Zoning By-law
19
(m) 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;
(n)
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;
(o)
For the purposes of the requirements of this TABLE, a mobile home space shall
be deemed to be a mobile home site;
(p)
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;
(q)
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
(r)
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.
6.3.6 Corner vision triangles shall be maintained at the street corners of all sites located
adjacent to street intersections within all Residential Zones. 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.
6.3.7 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;
Town of MacGregor Zoning By-law
20
(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 6.4
of this PART;
(e)
Uncovered sidewalks, patios, wheelchair ramps, trees, shrubs, trellises, arbours,
retaining walls, flagpoles, lighting fixtures, and similar features;
(f)
Fences and walls, subject to the provisions of section 6.5 of this PART; and
(g)
Signs subject to the provisions of section 6.6 of this PART.
6.4 Parking
6.4.1
For all permitted and conditional uses in the Residential Zones, accessory off-street
parking shall be provided and maintained in accordance with TABLE 6-3: RESIDENTIAL
PARKING TABLE.
TABLE 6-3: RESIDENTIAL 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
Town of MacGregor Zoning By-law
21
*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.
6.4.2
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.
6.4.3
At least one permanent accessory parking space per dwelling unit shall be provided at a
location other than in the required front yard in the Residential Zones.
6.4.4
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.
6.4.5
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.
6.4.6
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 5.15 of PART 5 herein, and shall be subject to the approval of the Development
Officer.
6.4.7
Every parking space shall be designed in accordance with the criteria set out in section
5.15 and TABLE 5-1 of PART 5 of this By-law.
6.4.8
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 6.4.1 to 6.4.7 of this PART.
6.5 Fences and Walls
6.5.1
The following provisions shall apply to all fences and walls in all Residential Zones:
(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.
6.5.2
No chain link fence shall be constructed or located within any required front yard in the
Residential Zones.
Town of MacGregor Zoning By-law
22
6.5.3
No above ground electric fence or barbed wire fence shall be constructed or located
within the Residential Zones.
6.6 Signs
6.6.1
The following accessory signs are permitted in the Residential Zones and may be
installed without the issuance of a development permit as provided for in subsection
10.6.3 of PART 10:
(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.
6.6.2
Notwithstanding subsection 6.6.1 above, the following accessory signs are also
permitted in the Residential 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 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
(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.
6.6.3
All signs in the Residential Zones shall not contain any animated components or any
internal illumination, or any flashing, rotating or scintillating lights.
6.7 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.
Town of MacGregor Zoning By-law
23
6.7.1 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.
6.7.2 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.
6.7.3 Development of the Buffer Area
(a)
The buffer area provided in subsection 6.7.2 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 6.7.11 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.
6.7.4 Location of Storage Compound
A storage compound shall not be located within the buffer area described in subsection
6.7.3 above and shall be located according to approved site plans.
6.7.5 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.
6.7.6 Number of Mobile Homes
There shall not be more than one mobile home located on a mobile home space in a
mobile home park.
6.7.7 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.
Town of MacGregor Zoning By-law
24
6.7.8 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.
6.7.9 Location of Accessory Buildings and Structures
Except as provided in clause 6.3.7 (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.
6.7.10 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.
6.7.11 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.
6.7.12 Mobile Home Standards
All mobile homes must meet all structural standards as determined by The Buildings and
Mobile Home Act and amendments thereto.
6.7.13 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.
Town of MacGregor Zoning By-law
25
PART 7: COMMERCIAL AND INDUSTRIAL ZONES
7.1
Permitted and Conditional Uses
Table 7-1: COMMERCIAL AND INDUSTRIAL USE TABLE lists all uses that are
permitted or conditional in the Commercial and Industrial Zones.
TABLE 7-1: COMMERCIAL AND INDUSTRIAL USE TABLE
LEGEND: "P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
"CG"
Zone
"CH"
Zone
"MG"
Zone
Abattoirs
-
-
C
Advertising Signs
P
P
P
Agricultural Implements, Equipment or Structures
Manufacturing
Sales and Storage
-
C
-
P
P
P
Amusement Enterprises
P
P
-
Animal Feed
Manufacture
Sales and Storage
-
C
-
P
C
P
Antique Stores and Second Hand Stores
P
P
-
Art Stores
P
-
-
Art Galleries
P
-
-
Auction Marts (excluding livestock)
C
P
-
Auditoriums, Clubs, Halls or Lodges
P
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
-
P
P
C
C
-
C
P
P
P
P
-
P
P
P
P
P
C
Bakeries
P
-
-
Banks or Financial Institutions
P
-
-
Bicycle Rental, Sales, and Repair Shops
P
C
-
Billiard Parlours or Bowling Alleys
P
P
-
Town of MacGregor Zoning By-law
26
TABLE 7-1: COMMERCIAL AND INDUSTRIAL USE TABLE
LEGEND: "P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
"CG"
Zone
"CH"
Zone
"MG"
Zone
Book Stores
P
-
-
Building Contractors' Establishments, including Plumbers
or Electricians
C
C
P
Building Supply Sales
Exterior and Interior Storage
Interior Storage only
-
P
C
P
P
-
Bus Garages or Compounds
-
C
P
Bus Depots
P
P
P
Cafes, Coffee Shops, Restaurants, Banquet Halls or
Beverage Rooms
P
P
P
Carpentry or Cabinet Shops
C
C
P
Catering Establishments
P
P
-
Cement, Batch Plants or Ready Mix
-
-
C
Ceramic and Pottery Studios
P
P
P
Cleaning Establishments, including Dry Cleaners or
Laundromats
P
P
-
Clinics, Dental, Medical or Optical
P
-
-
Clothing Stores or Fabric Stores
P
-
-
Community Centres or Community Clubs
P
C
-
Convenience Stores
P
P
-
Dairy Processing Establishments
-
C
P
Department Stores
P
-
-
Drive-in Restaurants or Other Drive-in Establishments
C
P
-
Drug Stores
P
-
-
Dry Goods or Notions Stores
P
-
-
Earth Moving Contractors, Sand and Gravel Contractors
-
C
P
Fertilizer, Non-Hazardous Chemicals
Sales Only
Sales and Storage
P
-
P
C
P
C
Florists' Stores
P
-
-
Food Processing Establishments
C
C
P
Fuels
Sales and Storage
Sales only
-
P
-
P
C
P
Furniture Stores
P
-
-
Funeral Homes or Parlours
C
-
-
Town of MacGregor Zoning By-law
27
TABLE 7-1: COMMERCIAL AND INDUSTRIAL USE TABLE
LEGEND: "P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
"CG"
Zone
"CH"
Zone
"MG"
Zone
Garden and Seed Supply Stores
P
C
-
Gift or Novelty Shops
P
P
-
Grain Elevators and Storage
-
-
C
Grocery Stores, Meat Markets, or Delicatessens
P
-
-
Group Day Care Facilities
C
C
-
Hardware or Appliance Stores
P
-
-
Hotels
P
-
-
Interior Decorating Establishments
P
P
P
Jewellery Stores
P
-
-
Junk Yards
-
-
-
Libraries, Museums or Theatres
P
-
-
Liquor Stores
P
-
-
Locksmith Shops
P
C
-
Machine Shops or Welding Shops
C
C
P
Mail Order Stores
P
-
-
Maintenance Buildings or Compounds for Public Works
Equipment
-
C
P
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
P
-
Monument Sales Establishments with incidental processing
but not shaping of headstones
P
P
P
Motels
P
P
-
Newspaper or Printing Establishments
P
C
P
Offices, Business, Professional, Health Care or Governmental
P
-
-
Parking Lots
P
P
P
Parks or Buffer Strips
P
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
P
Public Utilities or Services
P
P
P
Radio, Television or Small Appliance Sales, Service and Repairs
P
C
-
Town of MacGregor Zoning By-law
28
TABLE 7-1: COMMERCIAL AND INDUSTRIAL USE TABLE
LEGEND: "P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
"CG"
Zone
"CH"
Zone
"MG"
Zone
Recycling Depot
-
-
P
Religious Institutions including churches, temples, church
halls and church educational facilities
P
C
-
Retail Stores and Services not listed elsewhere in this
TABLE, but deemed by Council to be readily identifiable, in
general terms, for the particular Zone as being similar to
permitted or conditional uses of land, buildings or
structures
C
C
C
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
C
C
P
-
-
-
-
-
Rinks, Curling, Ice Skating, Hockey, or Roller Skating
P
P
P
Seed Processing Plants
-
-
C
Service Clubs or Private Clubs
P
P
-
Shoe Sales or Repair Stores
P
-
-
Shopping Centres
P
-
-
Sign Painters' Establishments
C
C
P
Sporting Goods Stores
P
-
-
Stockyards for holding, sales and shipping of livestock
-
-
C
Storage Buildings or Facilities
Non-Hazardous Materials
Hazardous Materials
C
-
C
-
P
C
Studios, Music, Theatrical, or Photographic
P
-
-
Taxidermist Shops
C
C
C
Tire Shops
C
C
P
Trades Training Facility
C
-
P
Travel Trailer, Camping and Tenting Grounds
-
C
C
Truck Terminals
C
-
C
Upholstering Shops
C
C
P
Veterinary Clinics
-
C
C
Wholesale Businesses and Warehousing
-
C
P
Existing Uses*
P
P
P
Accessory Uses, Buildings and Structures
P
P
P
Town of MacGregor Zoning By-law
29
*Existing uses in the commercial and industrial zones at the time of adoption of this By-
law, which do not otherwise conform to TABLE 7-1 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.
7.2
Accessory Uses, Buildings and Structures
7.2.1
In the Commercial and Industrial 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;
(c)
Incidental processing, cleaning, servicing, altering, testing or repair of merchandise
normally offered for sale in connection with a permitted or conditional commercial
use;
(d)
An accessory suite or dwelling unit within a commercial 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 7.4 of this PART;
(f)
Fences and walls subject to the provisions of section 7.5 of this PART;
(g)
Signs as permitted and regulated in sections 7.6 of this PART;
(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 9.1 of PART 9;
(j)
Antennas, including satellite dish antennas; and
(k)
Sidewalks, driveways, decks, patios, gazebos, statuary, flagpoles, lighting fixtures,
trees, shrubs and other landscaping features.
Town of MacGregor Zoning By-law
30
7.2.2
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.
7.3 Commercial and Industrial Bulk Regulations
7.3.2
The Commercial and Industrial Bulk Regulations shall be as set forth in TABLE 7-2:
COMMERCIAL AND INDUSTRIAL BULK TABLE 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.
7.3.3
The owner shall maintain the minimum site area, site width, required yards and other
requirements specified herein for any use.
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.
7.3.6
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)
Parking and loading areas as required and regulated by section 7.4 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 7.5 of this PART;
(f)
Signs subject to the provisions of section 7.6 of this PART;
(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;
Town of MacGregor Zoning By-law
31
(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 7-2: 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
100
100
15
25
25
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
Fire and Police Stations
7,500
75
25
5(d)
25
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
Public Utility Buildings
5,000
50
25
5(d)
25
Truck Terminals
15,000
100
25
15
15
Religious Institutions
7,500
75
25
5(d)
25
All Other Permitted and Conditional Uses in
the "CG" Commercial General Zone
2,500
25
0
0 (e)(f)
25 (f)(g)
All Other Permitted and Conditional Uses in
the "CH" Commercial Highway Zone
7,500
75
50
15
15
All other Permitted and Conditional Uses in
the "MG" Industrial General Zone
5,000
50
25
5
5
Accessory Uses, Buildings and Structures (h)
-
-
(i)(j)
5(i)(j)(k)
5(f)(j)
Town of MacGregor Zoning By-law
32
The following notations and exceptions form part of TABLE 7-2:
(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 provincial jurisdiction the owner shall obtain
all permits required for development within the control areas adjacent to a
highway;
(d)
When 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)
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;
(f)
Where the boundary of a site in the "CG", "CH", or "MG" Zones is coterminous
with the side site line or rear site line of a site in a Residential 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)
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;
(h)
The required yards for buildings and structures accessory to an existing
residential use shall be as specified in PART 6, TABLE 6-2 of this By-law;
(i)
In the case of accessory buildings or structures, the required front and corner
side yards shall be the same as the required front and corner side yards of the
principal building or structure with the exception of gasoline pumps and related
canopy structures;
(j)
Gasoline pumps shall have a minimum setback of ten (10) feet from any site line;
and
(k)
The minimum required side yard for accessory uses, buildings and structures in
the "CG" Zone shall be zero (0) feet.
Town of MacGregor Zoning By-law
33
7.4
Parking and Loading
7.4.1 For all permitted and conditional uses in the Commercial and Industrial Zones,
accessory off-street parking shall be provided and maintained in accordance with
TABLE 7-3 and accessory off-street loading shall be provided in accordance with
subsections 7.4.6 to 7.4.8 herein.
TABLE 7-3: 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
Assembly Places
1 per 4 seats for public seating use and 1 per 1000
sq. ft. of floor area for non-assembly uses
All Other Permitted and Conditional Uses
in the "CG", "CH", and "MG" Zones
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.
7.4.2 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.
7.4.3 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 section 5.15 of PART
5 herein, and shall be subject to the approval of the Development Officer.
7.4.4 Every parking space shall be designed in accordance with the criteria set out in section
5.15 and TABLE 5-1 of PART 5 of this By-law.
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 section 7.4 of this PART.
7.4.6 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.
7.4.7 For all permitted and conditional uses in the "CH" and "MG" Zones, 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.
Town of MacGregor Zoning By-law
34
7.4.8 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.
7.5 Fences and Walls
7.5.1 The following provisions shall apply to all fences and walls in all Commercial and
Industrial 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.
7.5.2 No chain link fence or barbed wire fence shall be constructed or located within any
required front yard in any Commercial Zones.
7.5.3 No electric fence shall be constructed or located in any Commercial Zone.
7.6 Signs
7.6.1 The following signs are permitted in the Commercial and Industrial 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.
7.6.2 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.
7.6.3 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.
7.6.4 No sign, including a temporary mobile sign, shall be located within a public right-of-way
without the specific approval of Council.
7.6.5 In no case shall a rotating beam or beacon be incorporated into any sign.
7.6.6 In no case shall a flashing sign be permitted in the "CG" Zone.
Town of MacGregor Zoning By-law
35
7.6.7 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 thirty (30) days which time may be
extended by Council for another thirty (30) days.
7.7 Pollution Standards
7.7.1 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.
7.7.2 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.
7.7.3 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 Town of MacGregor.
Town of MacGregor Zoning By-law
36
PART 8: INSTITUTIONAL, OPEN SPACE/RECREATION AND URBAN
TRANSITION ZONES
8.1
Permitted and Conditional Uses
TABLE 8-1: INSTITUTIONAL, OPEN SPACE/RECREATION AND URBAN
TRANSITION USE TABLE, lists all uses that are permitted or conditional in the
Institutional, Open Space / Recreation and Urban Transition Zones.
TABLE 8-1: INSTITUTIONAL, OPEN SPACE/RECREATION AND URBAN
TRANSITION USE TABLE
LEGEND:
"P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
ZONES
I
O/R
UT
Agricultural Activities, limited to all types of cropping,
market gardening, nurseries and greenhouses
-
C
P
Arenas, Curling or Ice Skating
P
C
-
Athletic Fields
P
P
C
Auditoriums, Grandstands and similar Assembly Facilities
P
C
-
Camping and Tenting Grounds
-
P
-
Community Clubs and Centres, Halls and Curling Clubs
P
P
-
Dwellings
Farm
Non-Farm
-
-
-
-
C
C
Exhibition Grounds
-
P
-
Government offices, including municipal, police, fire and
similar uses
P
-
-
Hospitals
P
-
-
Institutions such as Personal Care Homes, Senior
Citizens' Housing, Rest Homes, Convalescent Homes and
similar uses
P
-
-
Kennels
-
-
-
Libraries, Museums and Art Centres
P
-
-
Livestock Operations (See section 9.5 of PART 9)
-
-
-
Parks, Playgrounds, Tot Lots or Buffer Strips
P
P
P
Public Utility Buildings or Structures
P
P
P
Recreational Facilities, including Tennis Courts, Hiking
Trails and Swimming Pools
-
P
-
Town of MacGregor Zoning By-law
37
LEGEND:
"P" means Permitted Use
"C" means Conditional Use
"-" means Use is Prohibited
ZONES
I
O/R
UT
Religious Institutions, including Churches, Temples,
Church Halls and Church Educational Facilities
P
-
-
Schools, Private or Public
P
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
P
8.2
Accessory Uses, Buildings and Structures
8.2.1 In the Institutional and Open Space/Recreation Zones, 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 and loading areas as required and regulated in section 8.4 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 8.5 of this PART.
8.2.2 In the Urban Transition 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;
Town of MacGregor Zoning By-law
38
(d)
Home-based businesses accessory to a permitted residential use of a dwelling
unit or mobile home as regulated in section 9.1 of PART 9;
(e)
Antennas, including satellite dish antennas and accessory communications
towers;
(f)
Parking and loading areas as required and regulated by section 8.4 of this PART;
(g)
Fences, decks, patios, gazebos, statuary, flagpoles and similar features; and
(h)
Accessory signs, subject to the provisions of section 8.5 of this PART.
8.3
Institutional, Open Space/Recreation and Urban Transition Bulk Regulations
8.3.1 The Institutional, and Open Space/Recreation and Urban Transition Bulk Regulations
shall be as set forth in TABLE 8-2 of this PART and shall apply to all permitted and
conditional uses within each respective zone.
8.3.2 The owner shall maintain the minimum site area, site width, required yards and other
requirements specified herein for any use.
8.3.3 No land shall be subdivided into sites, unless each site conforms to the bulk
regulations as set forth in TABLE 8-2 herein.
8.3.4 No required yard shall be reduced below the minimum requirements as set forth in
TABLE 8-2 herein, unless a minor variation or variation order is approved in
accordance with the provisions of The Planning Act.
8.3.5 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 as required and regulated by section 8.4 of this PART;
(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;
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(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 8.5 of this PART.
TABLE 8-2: INSTITUTIONAL, 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
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 "I" Institutional Zone Uses
30,000 sq ft
100
25
15
15
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)
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The following notations and exceptions form part of TABLE 8-2:
(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.
8.3.6 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.
8.4
Parking and Loading
8.4.1 For all permitted and conditional uses in the Institutional, Open Space/Recreation and
Urban Transition Zones, accessory off-street parking shall be provided and maintained
in accordance with TABLE 8-3 and off-street loading shall be provided in accordance
with subsection 8.4.6 herein.
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TABLE 8-3: INSTITUTIONAL, OPEN SPACE/RECREATION AND URBAN
TRANSITION PARKING TABLE
USE
MINIMUM NUMBER OF
PARKING SPACES REQUIRED*
Assembly Places
1 per 4 seats for public seating and 1 per 1,000
sq. ft. of floor area for non-assembly uses
Camping and tenting grounds
1 per site
Curling Rinks
5 per each sheet
Community Clubs and Centres and Curling
Clubs
1 per 50 sq. ft. of gross floor area
Other 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.
8.4.2 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 5.15 of PART 5 herein, and shall be subject to the approval of the Development
Officer.
8.4.3 Every parking space shall be designed in accordance with the criteria set out in section
5.15 and TABLE 5-1 of PART 5 of this By-law.
8.4.4 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 8.4.1 to 8.4.3 of this PART.
8.4.5 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.
8.4.6 For all permitted and conditional uses in the "I", "O/R" and "UT" Zones, 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.
8.5 Signs
8.5.1 The following signs are permitted in the Institutional, Open Space/Recreation and
Urban Transition 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;
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(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.
8.5.2 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.
8.5.3 In no case shall any permanent sign contain any animated components or flashing,
rotating or scintillating lights.
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PART 9: REQUIREMENTS FOR SPECIFIC USES
9.1
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;
(d)
In all zones except the "UT" Urban Transition Zone, there can be no processing
or outside storage of goods or materials, and in the "UT" Urban Transition Zone,
the location of all exterior processing and storage shall be subject to review and
approval by the Development Officer;
(e)
Not more than forty (40) percent of the floor area may be devoted to the home-
based business in all zones except the "UT" Urban Transition Zone;
(f)
One business sign, either freestanding or affixed to the wall of a principal or
accessory building is permitted, not exceeding:
(i)
in the "UT" Zone, thirty-two (32) square feet; and
(ii)
in all other zones, ten (10) square feet in any location with the exception of
business signs for home-based businesses in residential zones as provided
for in clause 6.6.1 (c) of PART 6 ;
(g)
They shall not generate undue traffic or congestion, and 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 odour, dust, smoke, noise, gas, fumes,
light, vibration, refuse matter or water carried wastes become offensive or
obnoxious or create a nuisance beyond any site line; and
(i)
In the urban zones, the residential character of the property shall be maintained.
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9.2
Multiple Uses
This section provides for more than one main use, building or structure on a single site
where it is reasonable to conduct such additional uses on the same site without
requiring subdivision of the subject parcel.
There may be more than one main use building or structure on a single site, except in
the "R" and "RG" Zones provided that:
(a)
The second or subsequent use, building or structure is a permitted or conditional
use listed in the Use Table of the subject zone;
(b)
Where the second or subsequent use, building or structure:
(i)
is listed as a conditional use in the subject zone; or
(ii)
involves construction or erection of an additional main building;
the conditional use provisions under 10.8 of PART 10 of this By-law shall apply;
and
(c)
All provisions of this By-law relating to each main use are met.
Where a proposed second or subsequent use on a zoning site is accessory or
incidental to the main use, such as an incidental commercial use contained within the
same building, it shall be regulated under the requirements for accessory buildings,
structures and uses in the respective zone within which it is located.
9.3
Special Limitations Governing the Development of Non-Farm Dwellings, Farm
Dwellings and Agricultural Buildings
9.3.1 No dwelling, mobile or modular home shall be constructed or located within one
thousand five hundred (1,500) feet of the site of the municipal sewage lagoon.
9.4
Hazardous Materials Storage
No bulk farm chemical supply warehouse, bulk fuel or fertilizer storage facility shall be
located within five hundred (500) feet of a building used for human occupancy or
individual residence.
9.5
Livestock and Livestock Operations
No new livestock and livestock operations facilities shall be allowed within the Town of
MacGregor. 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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PART 10: ADMINISTRATION
10.1
Administration and Enforcement
In the administration and enforcement of this By-law The Town of MacGregor
authorizes and directs the Board of The Nor-Mac Planning District to proceed under
PART 11
10.2
Responsibilities of Council
Subject to the provisions of The Planning Act, the Council 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 10.10 of this PART.
10.3
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.
10.4
Responsibilities of the Development Officer
Subject to the provisions of The Planning Act, the Development Officer shall be the
person appointed as such by the Board of the Nor-Mac Planning District who on behalf
of The Town of MacGregor, shall:
(a)
Receive and review applications for development permits;
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(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 Town of
MacGregor, and any applicable regulations of the provincial and federal
governments;
(c)
Receive and process applications for amendments to this By-law, conditional use
orders and variation orders;
(d)
Issue zoning memoranda and any other documents as may be necessary for the
administration and enforcement of this By-law;
(e)
Allow or refuse minor variations (up to 10%) of stated setback requirements) of
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 11.
10.5
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
Town of MacGregor, the Board, or any agencies or departments of the provincial
and 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.
10.6
Development Permits
10.6.1
A development permit is required for any of the following:
(a)
Subject to subsection 10.6.2 of this PART, the erection, construction,
enlargement, structural alteration or placing or relocation of a building or
structure;
(b)
The establishment of a use of land or a building or structure;
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47
(c)
The change of a use of land or a building or structure from an existing permitted
use to an approved conditional use; and
(d)
The alteration or enlargement of an approved conditional use.
10.6.2
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 10.6.3.
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.
10.6.3
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)
signs (not including advertising signs where they are conditional uses),
(ii)
lighting,
(iii)
flagpoles,
(iv) sheds and buildings for the storage of domestic equipment and supplies
and garden houses or children's play houses, except those with a floor
area exceeding one hundred (100) square feet,
(v)
communications aerials or antennas for personal use,
(vi) unenclosed portable patios, and
(vii) 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.
10.6.4
Notwithstanding the development permit exemptions listed in subsection 10.6.3 of
this PART, all such exempted activities shall be subject to all other requirements of
this By-law and of any government department, including the highway control areas
adjacent to provincial trunk highways.
10.6.5
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.
10.6.6
An application for a development permit shall be accompanied by plans drawn to
scale showing the following:
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(a)
The shape and dimensions of the site to be used and built on;
(b)
The location and dimensions of existing buildings and structures and their
distances from property lines;
(c)
The location and dimensions of the proposed building, structure, enlargement
or alteration, including separation distances from site boundaries;
(d)
The use or uses of each existing and proposed building and structure, or of the
land, and the area to be occupied by each use;
(e)
Vehicular access and utility connections;
and shall include any other information required by the Development Officer to
determine compliance with, and to provide enforcement of, this By-law.
10.6.7
An application for a development permit shall be accompanied by the fee prescribed
by the Board of The Nor-Mac Planning District.
10.6.8
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 Development Officer's knowledge, comply with The Nor-Mac Planning District
Development Plan, the Municipal Building By-law, or with any other by-law.
10.6.9
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.
10.6.10 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.
10.6.11 The Development Officer may revoke a development permit
(a)
Where any information accompanying the development 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 application is incorrect or incomplete and an
existing or proposed building, structure or use is thereafter
(c)
was issued in error.
10.7
Application for Amendment
10.7.1 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.
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10.7.2 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.
10.7.3 An application for an amendment shall be accompanied by the fee prescribed by the
Council.
10.7.4 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.
10.7.5 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.
10.8
Applications for Variances and Conditional Uses
10.8.1 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.
10.8.2 An application for a variation or approval of a conditional use shall be accompanied by
the plans and information described in subsection 10.6.6 of this PART.
10.8.3 An application for a variation or approval of a conditional use shall be accompanied by
the fee prescribed by the Board or Council.
10.8.4 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.
10.8.5 On receipt of an application for a variation or approval of a conditional use in proper
form, the Town 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.
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10.8.6 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.
10.8.7 Council may subsequently revoke any approved conditional use as a consequence of
any violation of conditions specified at the time of approval.
10.8.8 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.
10.8.9 Except as provided for in subsection 2.2.2 of PART 2, any change in the circumstances
of a conditional use shall be subject to the provisions of subsections 10.8.1 to 10.8.8
herein and the provisions of The Planning Act.
10.9
Development Agreements
10.9.1 In accordance with the provisions of The Planning Act, where an application is made
for the amendment of this Zoning By-law, Council may require the owner or the person
entitled to be registered as an owner of the land, building, or structure to which the
amendment will apply, as a condition to its enactment, to enter into a development
agreement with The Town of MacGregor in respect of that land as well as contiguous
land owned or leased by the applicant.
10.9.2 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 Town of MacGregor, in accordance with the
provisions of The Planning Act.
10.9.3 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.
10.10 Fee Schedule
10.10.1 The fees shall be as established by Council for any amendment, conditional use
order, variation order, or non-conforming use certificate to this By-law.
10.10.2 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 11: ENFORCEMENT
11.1
Entry for Inspection and Other Purposes
11.1.1 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.
11.1.2 The Development Officer must display or produce on request identification showing his
or her official capacity.
11.1.3 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 11.1.1(a) and (c) of this PART without the consent of the owner or occupant.
11.2
Order to Remedy Contravention
11.2.1 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.
11.2.2 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,
including the removal or demolition of a building or structure (or part of one) that
has been constructed, erected or placed in contravention and, if necessary to
prevent a reoccurrence of the contravention;
(c)
State a time within which the person must comply with the directions; and
(d)
State that if the person does not comply with the directions within the time stated,
the Town will take the action or measure at the expense of the person.
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11.3
Review by the Board
11.3.1 A person against whom an order is made under subsection 11.2.1 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.
11.3.2 After receiving the written request to review the order, the Board must review the order
and may confirm, vary or rescind the order.
11.4
Enforcement and Penalties
11.4.1 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.
11.4.2 Any penalty imposed for a violation of this By-law shall be in accordance with The
Planning Act.
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PART 12: INTERPRETATION
12.1
Footnotes
The footnotes are part of this By-law.
12.2
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.
12.3
Definitions
12.3.1 Terms not defined in this By-law which are defined in The Planning Act, have the
meaning provided in The Act.
12.3.2 Where the following terms appear in this By-law they have the meaning provided as
follows:
"Accessory building, structure or use", means a building, structure or use which:
(a)
Is subordinate to, incidental to, and serves the principal building, structure or use;
(b)
Is customarily subordinate in area, extent, or purpose to the principal building,
structure or use served;
(c)
Contributes to the comfort, convenience or necessity of occupants of the principal
building, structure or use served; and
(d)
Is located on the same zoning site as the principal building, structure or use served,
with the single exception of such accessory off-street parking facilities as are
permitted to locate elsewhere than on the same zoning site with the building,
structure or use served.
"Accessory", when it is used in this By-law, shall have the same meaning as accessory
use.
"Act, Planning", means The Planning Act, C.C.S.M. c P80.
"Agricultural activities", means a use of land for agricultural purposes (excluding
livestock production) including the production of field crops, agriculture, apiculture,
floriculture, horticulture, pasturage, 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.
"Agricultural 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.
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"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.
"Automobile wrecking", 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.
"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;
(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;
Town of MacGregor Zoning By-law
55
(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.
"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.
"Council", means the Council of The Town of MacGregor.
"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", means
(a) the carrying out of the construction, erection or placing of any building, structure
or excavation or other operation on, over or under land, or
(b)
the making of any change in the use or intensity of use of any land or buildings,
structures or premises.
"Development Officer", means a designated employee or officer 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.
Town of MacGregor Zoning By-law
56
"Dwelling", means a building or portion thereof designed for residential occupancy in
accordance with the provisions of The Buildings and Mobile Homes Act.
"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 or a new site taken from the
agricultural activity.
"Dwelling, non-farm", means a single-family dwelling, mobile or modular home on a
site used for residential purposes, regardless of the owner's occupation, and found in the
"Urban Transition Zone".
"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.
Town of MacGregor Zoning By-law
57
"Garage, private", means an accessory building, or portion of a principal building used
by the occupants of the premises upon which it is located for the parking or temporary
storage of private passenger motor vehicles and other incidental personal property.
"Grade", means the average level of finished ground adjoining a building or structure at
all exterior walls, as determined by the Development Officer.
"Habitable room or space", means a room or enclosed space used or intended to be
used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet
compartments, laundries, pantries, foyers, communicating corridors, closets, storage
rooms, and rooms in basements or cellars used only for recreational purposes.
"Home-based business", means an accessory use which is carried on principally by
members of the family residing at the same dwelling unit, mobile or modular home or
within its permitted accessory building and which is incidental to or secondary to the
principal residential use.
"Hotel", means a building or part thereof wherein accommodation is provided for
transient lodgers, in any individual room or suite, with or without cooking facilities, and
may include accessory uses such as restaurants, beverage rooms, banquet halls, and
meeting rooms.
"House, boarding, lodging or rooming", means a building or portion thereof, other
than a hotel or motel, where lodging, or lodging and meals, are provided for
compensation, exclusive of the proprietor and his family.
"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.
"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.
Town of MacGregor Zoning By-law
58
"Mobile home space", means a space in a mobile home park for the placement of a
mobile home.
"Mobile home subdivision", means an area of land subdivided to provide mobile home
sites in accordance with the subdivision approval procedure of The Planning Act.
"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. Open
space as a zone is defined in the "Open Space/Recreation Zone".
"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.
Town of MacGregor Zoning By-law
59
"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 space", means land owned or under the control of a government for the interest
or use of the people as a whole.
"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:
Town of MacGregor Zoning By-law
60
(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.
Town of MacGregor Zoning By-law
61
"Site", means a zoning site as defined herein unless the context indicates otherwise.
"Site area", means the computed area contained within the site lines.
"Site, corner", means a site situated at the intersection of two (2) streets, the interior
angle of such intersection not exceeding 135 degrees.
"Site depth", means the horizontal distance between the centre points in the front and
rear site lines.
"Site, interior", means a site other than a corner site or a through site.
"Site lines", means as follows:
(a)
Front site line, means that boundary of a site which is along an existing or
designated street. For a corner site, the front site line shall be that line which is the
continuation of the front site line of any abutting interior site, or in the case of a
corner site which is abutted by two interior sites, the front site line shall be the site
line which is shorter, otherwise the Development Officer may select the front site
line;
(b)
Rear site line, means that boundary of a site which is most nearly parallel to the
front site line and in the case of a site in which the side site lines intersect, such as
a triangular site, a line ten (10) feet in length within the site, parallel to and at the
maximum distance from the front site line;
(c)
Side site line, means any boundary of a site which is not a front or rear site line;
and
(d)
Where an irregular shaped site cannot have its site lines defined by the foregoing
definitions, the front, rear and side site lines shall be determined by the
Development Officer.
"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
Town of MacGregor Zoning By-law
62
(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.
"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.
"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 MAP
Attached to
By-law N0. 772-2011
of
THE TOWN OF
MACGREGOR
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
10
0.93
2.5
0.76
16
1.49
3.0
0.91
32
2.97
4.0
1.22
50
4.65
5.0
1.52
100
9.29
6.0
1.83
400
37.16
7.0
2.13
600
55.74
9.0
2.74
1000
92.90
10.0
3.05
2500
232.25
12.0
3.66
3750
348.38
15.0
4.57
5000
464.50
17.0
5.18
7200
668.90
18.0
5.49
7500
696.75
20.0
6.10
10000
929.00
24.0
7.32
15000
1393.50
25.0
7.62
30000
2787.00
30.0
9.14
33.0
10.06
40.0
12.19
45.0
13.72
50.0
15.24
75.0
22.86
ACRES
HECTARES
100.0
30.48
110.0
33.53
2
0.81
125.0
38.10
3
1.21
150.0
45.72
10
4.05
200.0
60.96
40
16.19
300.0
91.44
500.0
152.40
1320.0
402.34
1500.0
457.20