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RURAL MUNICIPALITY OF PEMBINA
ZONING BY-LAW
RURAL MUNICIPALITY OF PEMBINA
ZONING BY-LAW
TABLE OF CONTENTS
PART 1
- DEFINITIONS
PART 2- ADMINISTRATION
PART 3- LAND USE AND DEVELOPMENT PROVISIONS
PART 4- LAND USE ZONES
MAPS 1-5
Map 1
R.M. of Pembina
Map 2
La Riviere
Map 3
Darlingford
Map 4
Snowflake
Map 5
Kaleida
PART 1- DEFINITIONS
Section
Rules of Construction
1
Definitions
2
PART 1- DEFINITIONS
RULES OF CONSTRUCTION
1 .( 1)
The following rules of construction apply to the text of this By-law.
(a)
Words, phrases and terms defined herein shall be given the defined meaning.
(b)
Words, phrases and terms not defined herein but defined in the Act and the Building,
Electrical or Plumbing By-laws of the Rural Municipality of Pembina shall be
construed as defined in such Act and By-laws.
(c)
Words, phrases and terms neither defined herein nor in the Building, Electrical or
Plumbing By-laws of the Rural Municipality of Pembina shall be given their usual
and customary meaning except where, in the opinion of Council, the context clearly
indicates a different meaning.
(d)
The phrase 'used for" includes "arranged for", "designed for", or "occupied for".
(e)
Unless the context clearly indicates the contrary, where a regulation involves two or
more items, conditions, provisions or events connected by the conjunction "and", "or"
or "either-or", the conjunction shall be interpreted as follows:
(i)
"and" indicates that all the connected items, conditions, provisions or events
shall apply in any combination.
(ii)
"or" indicates that the connected items, conditions, provisions or events may
apply singly or in combination.
(iii)
"either-or" indicates that the connected items, conditions, provisions or
events shall apply singly but not in combination.
(f)
The word "includes" shall not limit a term to the specified examples, but is intended
to extend the meaning of all instances or circumstances of like kind or character.
DEFINITIONS
2.
"Accessory" when it is used in this By-law, shall have the same meaning as accessory use.
"Accessory building", means a subordinate building located on the same zoning site as the
principal building or use, the use of which is incidental and accessory to that of the principal
building or use:
1
(a)
"Accessory building, attached means an accessory building which is attached to this
principal building and in determining the required yards, the attached accessory
building shall be treated as being part of the main building.
(b)
'Accessory building, detached' means an accessory building which is not attached to
the principal building and in determining the required yards, the requirements for
accessory use, buildings and structures as shown in the Use and Site Requirements
shall be used.
(c)
"Accessory building, semi-detached" means an accessory building which is attached
to the principal building by a structure such as, but not limited to, a breezeway. The
required yards for a semi-detached accessory building shall be determined in the
same manner as in paragraph (a) above.
"Accessory use, building or structure", means a building, structure or use which:
(a)
is subordinate to, incidental to and serves the principal building, structure or use;
(b)
is 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.
"Act, the", means The Planning Act, being CHAPTER P80 of the Continuing Consolidation
of the Statutes of Manitoba, and amendments thereto.
"Agricultural activities", means a use of land for agricultural purposes including farming,
dairying, pasturage, agriculture, apiculture, floriculture, horticulture, and animal and poultry
husbandry, with the exception of a livestock production operation, 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.
"Agriculture Crop Protection Warehouse" means the facility used to store, blend and/or
distribute chemicals used for crop protection and production. Products can include
herbicides, insecticides, fungicides, rodenticides and fertilizers, but does not include
anhydrous anmmonia.
"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 repair work is done.
2
"Agricultural Product Storage" means the temporary storage of any agriculture product for
future use, delivery or processing (does not include farm accessory bins).
"Agriculture, Specialized" means the use of land for apiculture, floriculture, horticulture,
including market gardening, orchards and tree farming, and similar agricultural activities.
"Aircraft Landing Strip" means an area or surface utilized to accommodate landing and
take-off movements of aircraft for personal use.
"Airport", means any area of land or water which is used or intended for use for the landing
or taking off of aircraft and any appurtenant areas which are used or intended for use for
airport buildings or other airport facilities or rights-of-way, including taxiways, aircraft
storage and tie-down areas, hangars and other related buildings and open spaces.
"Alter or alteration" means a change or modification to an existing building, structure or
use which, unless otherwise provided for herein, does not increase the exterior dimensions
with respect to height and area.
"Alteration, incidental" means:
(a)
Changes or replacements in the non-structural parts of a building or structure,
including but not limited to the following:
(i)
an addition on the exterior of a building, such as an open porch;
(ii)
alteration of interior partitions in all types of buildings; or
(iii)
replacement of, or changes in, the capacity of utility pipes, ducts or conducts.
(b)
Changes or replacements in the structural parts of a building or structure, including
but not limited to the following:
(i)
adding or enlarging windows or doors in exterior walls;
(ii)
replacement of building facades; or
(iii)
strengthening the load bearing capacity, in not more than ten percent (10%)
of the total floor area, to permit accommodation of a specialized unit of
machinery or equipment.
"Alteration, structural", means the construction of reconstruction of supporting elements
of a building or other strLlcture.
"Animal Units or A.U.", means the number of animals of a particular category of livestock
that will excrete 73 kg of total nitrogen in a 12 month period, as set out in TABLE 4-5 of
PART 4 of this By-law.
"Area, the", means all that land within the boundaries defined in PART 2 of this By-law.
3
"Automobile body shop", means a building wherein the repair and painting of automobiles
takes place.
"Automobile service station", means a building or portion thereof and land used for
supplying fuel, oil and minor accessories for motor vehicles at retail direct to the customer,
and for making repairs, maintenance and storage.
"Automobile or trailer sales area", means an open area, used for the display, sale or rental
of new or used automobiles or trailers, and where repairs are made they shall be done within
a completely enclosed building, except minor incidental repairs of automobiles or trailers to
be displayed, sold or rented on the premises.
"Automobile wrecking", means the dismantling or wrecking of used motor vehicles or
trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or
wrecked vehicles or their parts.
"Basement", means a portion of a building between a floor and ceiling that is located partly
underground, but with more than half of the floor to ceiling height thereof above the average
grade of the adjoining ground.
"Bed and Breakfast" means a building or portion thereof where lodging or lodging and
meals are provided for compensation for person(s) exclusive of the proprietor and family.
"Board", means the Board of the Pembina-Manitou Planning District.
"Body of Water", means any containment of water not entirely contained on land controlled
by the livestock production operation.
"Building", means a building as defined in the Act.
"Building, main or principal", means a building in which is conducted the principal use of
the site on which it is situated.
"Camping and tenting grounds", means a parcel of land planned and improved to
accommodate travel trailers, camping trailers, pick-up coaches, motorized homes, tents, tent
trailers or other camping accommodations used for travel, recreational and vacation uses.
"Carport", means an attached building open on two sides for the shelter of privately owned
automobiles.
"Cellar", means a portion of a building between a floor and a ceiling that is located wholly
underground or partly underground, but with more than half of the floor to ceiling height
below the average grade of the adjoining ground.
4
"Child care services", means the provision of care for remuneration or reward to a child
apart from his or her parents or guardians.
"Community hail", means a meeting place for community activities, public organizations,
private non-profit clubs or recreational groups.
"Conditional use", means the conditional use of land or building as defined in the Act and
as provided for in Section 5 of PART 2, ADMINISTRATION.
"Contractor's Establishment" means land and/or buildings intended for the storage of
equipment and materials and the performance of work related to the provision of contracting
businesses such as building, plumbing, electrical and landscaping.
"Council", means the Council of the Rural Municipality of Pembina.
"Development Officer", means the officer appointed by the Council in accordance with the
provisions of the Act.
"Development Plan", means the Pembina-Manitou District Development Plan adopted by
By-law No. 1-2003 and amendments thereto.
"Drive-in establishment", means an establishment with facilities for attracting and
servicing prospective customers travelling in motor vehicles, which are driven onto the site
where the customer may or may not receive service in the vehicle.
"Dwelling", means a building or portion thereof designed for residential occupancy.
"Dwelling, farmstead", means any dwelling which is or has been accessory to a farm
operation and is on a parcel which includes or has included associated agricultural buildings,
normally in a single cluster enclosed by a shelterbelt.
"Dwelling, multiple-family", means a building containing three (3) or more dwelling units,
each unit designed for and used by one (1) family.
"Dwelling, single-family", means a detached building designed for and used by one (1)
family.
"Dwelling, two-family", means a detached or semi-detached building designed for and used
by not more than two (2) families, each having exclusive occupancy of a dwelling unit.
"Dwelling unit", means one (1) or more rooms in a building designed for one (1) or more
persons as a single housekeeping unit with cooking, eating, living, sleeping and sanitary
facilities.
5
"Earthen Manure Storage Facility
-- Covered" means a bermed storage and treatment
facility for livestock waste which is covered by straw, plastic or other appropriate material.
"Earthen Manure Storage Facility
-- Open" means abermed storage and treatment facility
for livestock waste which is not covered by any material such as straw or plastic.
"Enlargement", means an addition to the floor area of an existing building or structure, or
an increase in that portion of land occupied by an existing use.
"Extension", means an increase in the amount of existing floor area used for an existing use,
within an existing building.
"Family", means one or more persons related by blood or marriage or common-law
marriage, or a group of not more than seven (7) persons who may not be related by blood or
marriage, living together as a single housekeeping unit.
Family" also includes domestic servants.
"Common-law" means a man and a woman living together as family without the sanctity of
marriage.
A housekeeping unit referred to above shall be deemed to exist if all members thereof have
access to all parts of the dwelling unit.
"Farm buildings or structures", means any buildings or strLlctures existing or erected on
land used principally for agricultural activities but not including dwellings.
"Feedlot", means any parcel of land or premises on which the principal use is the feeding of
livestock within a confined area.
"Garage, private or carport", means an accessory building or portion of a principal
building, if attached, used by the occupants of the premises upon which it is located for the
parking or temporary storage of private passenger motor vehicles and may also include the
incidental storage of other personal property.
"Grain storage structure", means any structure which is designed to store any type of
grain, but does not include the typical farm granary.
"Heavy Manufacturing", means processing and manufacturing uses which cannot be
classified as light industrial uses as defined herein.
"Home occupation", means a use which is carried on in a dwelling unit or its accessory
building and which is clearly incidental or accessory to the use of the dwelling.
6
"Hotel", means a building or part thereof wherein accommodation is provided for transient
lodgers, in any individual room or apartment, with or without cooking facilities. Permitted
accessory uses include, but are not limited to, restaurants, licensed beverage rooms, banquet
halls, ballrooms and meeting rooms.
"Kennel", means any premises on which more than two (2) animals are boarded, bred,
trained or cared for, in return for remuneration or are kept for the purpose of sale. A kennel
shall not include a veterinary clinic, animal hospital or animal pound.
"Lane", means a street not over thirty-three (33) feet in width.
"Light Manufacturing" means processing and manufacturing uses, provided that they do
not create unusual fire, explosion or safety hazards, noise in excess of average intensity of
street and traffic noise in the area in question; they do not emit smoke, dust, dirt, toxic or
offensive odours or gas and there is not production of heat or glare perceptible from any site
line of the site on which the use is located. As a rule, in the agricultural zone, indutries in this
category should be secondary to the agricultural use, if not, they should not be of such a size
that they create traffic problems or impact negatively on the surrounding area.
"Livestock", means animals or poultry not kept exclusively as pets, excluding bees.
"Livestock operation", means a feedlot, paddock, corral (other than a pasture), or enclosed
facility where animals are or will be confined, fed, maintained or stabled for a total of 45
consecutive days or more.
"Mine", means an opening or excavation in the ground that is established or maintained for
the purpose of mining an includes:
(a)
a quarry;
(b)
machinery, plant, buildings, premises, stockpiles, storage facilities, waste
dumps or tailings, whether below or above ground, that are used for or in
connection with mining;
(c)
a crLlsher, mill, concentrator, furnace, refinery, processing plant or place that is
used for, or in connection with, washing, crushing, sifting, drying, oxidizing,
reducing, leaching, roasting, smelting, refining, treating or conducting research
on mineral bearing substances, and
(d)
an abandoned mine and abandoned mine tailings.
"Mineral", means a non-living substance that is formed by natural processes and is found on
or under the surface of the ground, irrespective of chemical or physical state and before or
after extraction, and includes peat, peat moss and substances that are prescribed as minerals
for purposes of the Mines and Minerals Act but does not include agricultural soil, oil, natural
7
gas or any other gas, any surface or ground water or other substance that for the purposes of
the Mines and Minerals Act is prescribed not to be a mineral.
"Mobile home" means a portable 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 Building and Mobile Homes Act, Chapter B93, S.M. 1977 and amendments
thereto.
"Motel", means a building or part thereof, not over two (2) storeys in height wherein
sleeping accommodation is provided for transient lodgers and in which there is an exit from
each room or suite of rooms directly to the outdoors with access to grade level.
Permitted accessory uses include, but are not limited, to restaurants, licensed beverage
rooms, banquet halls, ballrooms and meeting rooms.
"Non-conformity", means one, or a combination of one or more, 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 hereto, but
does not conform to the provisions contained within this By-law or amendments hereto.
"Non-conforming uses", means any lawful use of a building, structure or land, or portion
thereof, which does not conform to any one or more of the applicable use regulations of the
zone in which it is located, either on the effective date of this By-law, or amendments hereto.
"Non-conforming building or structure", means any lawful building or structure which
does not comply with one or more of the applicable site regulations on the effective date of
this By-law or amendments hereto.
"Non-conforming site or parcel", means any lawful site or parcel of land which does not
comply with the site area, site width or site depth on the effective date of this By-law, or
amendments hereto, and was on record in the Land Titles Office and in separate ownership
prior to the effective date of this By-law, or amendments hereto, and does not form part of a
larger contiguous holding in the same ownership.
"Non-conforming sign", means any lawful sign which does not comply with one or more of
the applicable site regulations on the effective date of this By-law or amendments hereto.
8
"Normal water mark" means the line where vegetation ceases or where the character of
vegetation or soil changes.
"Owner", means an owner as defined in the Act.
"Parcel of land", means a parcel as defined in the Act.
"Pasturing" means a land use where animals associated with an agricultural operation are
grazing on pasture land for 5 months of the year or longer.
"Permitted use" means the use of land or a building or structure provided in this Zoning
By-law for which a development permit shall be issued upon an application having been
made, if the use meets all the requirements of this By-law.
"Premises", means an area of land with or without buildings.
"Public utility", means any system, works, plant, equipment or services which furnishes
services and facilities available at approved rates to the public, including but not limited to:
(a)
Communication, by way of telephone, telegraph, wireless or television;
(b)
Public transportation, by bus or other vehicle;
(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.
"Public Works Yard", means a site primarily used for the maintenance, repair and storage
of equipment, vehicles and other goods used by a public utility or government agency in the
delivery of its service and may include accessory administrative offices.
"Repair", means the renewal or reconstruction of any part of an existing building or
structure for the purpose of its maintenance or restoration.
"Residential Care Facility", means the use of a building for the 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.
"Retail Business/Service", means the use of a building. structure or site in which goods
and/or services are sold directly to the public.
9
"Senior citizen home", means a multiple unit dwelling or a building containing individual
rooms where elderly people live independent of personal care.
"Sign", means any writing (including letter, word or numeral), pictorial representation
(including illustration or decoration), emblem (including device, symbol or trademark),
banner, pennant or any other figure of similar character which:
(a)
is a structure or any part thereof, or is attached to, painted on or in any other manner
represented on or in a building or other structure;
(b)
is used to identify, direct attention to, or advertise; and
(c)
is visible from outside a building but shall not include show windows as such.
"Sign, advertising", 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.
"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 frontage", means all that portion of a zoning site fronting on a street and measured
between side site lines.
"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 Development Officer may determine 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 line 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.
(d)
Where an irregular shaped site cannot have its site lines defined by the foregoing
definitions, the front, rear and side lines shall be determined by the Development
Officer.
(e)
The following sketch illustrates the foregoing definitions of site lines:
10
FEARS]E UNE
Lu
Lu
z
z
U)
U)
Lu
uJ
C)
C
U)
U)
FRDNT S1E UNE
GOVT RDAD ALLOWANCE
"Site Regulations", means some or all of the following:
(a)
The area of the zoning site upon which a building is located, and the number of
dwelling units or rooms within such building in relation to the area of the zoning site;
(b)
The location of exterior walls of buildings in relation to site lines, to other walls of
the same building, to legally required windows, or to other buildings;
(c)
All open areas relating to buildings or structures and their relationship thereto; and
(d)
The size (including height of buildings and floor areas) of buildings or structures.
"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 main 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 access satisfactory to the Council;
and
(c)
is of sufficient size to provide the minimum requirements of this by-law for a
permitted or conditional use in a zone where the use is located.
"Spread", means the act or process of distributing something on or over a surface.
"Stockpile", means the placement or storage in a specific location, in an unnatural manner,
so as to create a gradually accumulated reserve of something.
11
"Street", means a street as defined in the Act.
"Structure", means anything constructed or erected with a fixed location on or below the
ground, or attached to something having a fixed location on the ground and includes
buildings, walls, fences, signs, billboards, poster panels, light standards and similar items.
"Use", means:
(a)
Any purpose for which a building or structure or 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 land.
"Yard", means an open area, on the same zoning site with a building or strucwre which yard
is unoccupied and unobstructed from its lowest level to the sky, except as otherwise
permitted herein:
(a)
'Yard, required
means a yard extending 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.
(b)
"Yard front" means a yard extending along the full length of the front site line
between the side site lines.
(c)
"Yard, rear" means a yard extending along the full length of the rear site line
between the side site lines.
(d)
"Yard, side" means a yard extending along the side site line from the front yard to the
rear yard.
(e)
The following sketch illustrates the foregoing definitions of yards:
SIDE SE UNE
z
U)
SIDE S1E UEE
REQUIRED SIDE YARD
'1
FPJR
YJ3
uJ
0w
0
Iz0
LL.
FRONT
Y.AJR)
-
0w
DC
Ui
REQUIRED SIDE YARD
12
BY-LAW NO. 2-2009
Being a By-law of the RM of Pembina
To Amend Zoning By-law No. 3-04
WHEREAS, Section 80(1) of The Planning Act gives the Council of a municipality the power to
amend a zoning by-law;
NOW THEREFORE, the Council of the RM of Pembina enacts as follows:
That; Map 1 and Map 3 of By-Law 3-04 be amended to show the area surrounding the
Village of La Riviere as changed;
From: "AL" Agriculture Limited Zone
To:
"AV" Agriculture Valley Zone;
and
the attached Tables 4-1 Agriculture General, 4-2 Agriculture Limited and 4-3 Agriculture
Valley be amended to include provisions for cottage/seasonal dwellings as conditional
uses;
and
Incorporate the Zoning Amendment for Livestock as provided for in Table 4-1
Agriculture General and attached herein for the RM of Pembina;
and
Delete development restrictions in Part 32 NON FARM RURAL RESIDENTIAL
DEVELOPMENT, (12) (a) No more than 3 non-farm rural residential lots may be
approved on a quarter section and the lots must be contiguous to each other.
RURAL AREA ZONES
INTENT AND PURPOSE
32.(l) The following Rural Area zones are hereby established in order to carry out the intent and
purpose as described below:
"AG" Agricultural General Zone
-- this zone provides for general agricultural activities
including grain production, dairying, apiculture, market gardening, horticulture,
silviculture and for animal and poultry production on a commercial scale.
"AL" Agricultural Limited Zone
-- this zone provides for a range of agricultural activities
on a commercial scale, including livestock operations, while placing limitations or
restrictions on certain uses because of proximity to existing settlement centres.
"AV" Agricultural Valley Zone
-- this zone provides for a wide range of agricultural
activities, including livestock, but also recognizes that the unique physical features of
the Pembina Valley offer potential for other uses such as non-farm residential
developments and regional recreational attractions.
"RC" Rural Cluster Zone
-- This zone is intended to recognize the existing and potential
future land uses in the Rural Cluster areas of Kaleida and Snowflake as identified in
the Pembina-Manitou Development Plan. This zone is primarily geared toward non
farm residential development, however a range of other uses may be appropriate in
this zone including retail, service and recreational uses which serve the rural and
agricultural community.
USE AND SITE REQUIREMENTS
32.(2) (a)
The following use and site requirements shall apply in the "AG" Agricultural
General Zone as referenced in TABLE 4-1:
PART 2- ADMINISTRATION
Section
SCOPE OF THE BY-LAW
3
Title
3(1)
The Area
3(2)
Intent and Purpose
3(3)
Responsibilities of Council
3(4)
AMENDMENTS
4
Procedure
4(1)
Decision by Council
4(2)
Objections
4(3)
Development Agreements
4(4)
CONDITIONAL USE
5
Intent
5(1)
Application
5(2)
Filing an Application
5(3)
Expiry of Approval
5(4)
Existing Conditional Use
5(5)
Changes to an Existing Conditional Use
5(6)
Revoking a Conditional Use Permit
5(7)
VARIATIONS
6
TEMPORARY BUILDINGS, STRUCTURES
AND USES
7
DEVELOPMENT OFFICER
8
Duties of the Development Officer
8(1)
Defer Approval of Permits
8(2)
DUTIES OF THE OWNER
9
PERMITS
10
Permits Required
10(1)
Development Permit
10(2)
Development Permit Not Required
10(3)
Development Permit Requirements
10(4)
Building Permits Required
10(5)
Existing Building Permits
10(6)
Building to be Moved
10(7)
NON-CONFORMITIES
11
Non-Conforming Uses, Buildings
and Structures
11(1)
Existing Non-Conforming Buildings
11(2)
Repair or Rebuilding
11(3)
Incidental Alterations
11(4)
Non-Conforming Parcel
11(5)
Changes
11(6)
Certificate and Fees
11(7)
INTERPRETATION AND APPLICATION
12
Minimum Requirements
12(1)
Relation to Other By-laws and Regulations
12(2)
Previous Violations
12(3)
Site Reduced
12(4)
OTHER PROVISIONS
Planning Advisory Committee
13
Public Utilities and Services
14
Sand, Gravel or Mineral Extraction Operation
15
Basement Dwelling Unit
16
Enforcement
17
DEVELOPMENT AGREEMENT WITH COUNCTh
18
Need for Development Agreement
18(1)
Registration
18(2)
Discharge
18(3)
FEE SCHEDULE
19
Amendment Fees
19(1)
Other Fees
19(2)
PART 2- ADMINISTRATION
SCOPE OF THE BY-LAW
TITLE
3. (1)
This by-law shall be known as 'The Pembina Zoning By-law".
THE AREA
3. (2)
The Area to which this zoning by-law shall apply shall be the entire Rural Municipality of
Pembina.
INTENT AND PURPOSE
3. (3)
The regulations and provisions established by this by-law are deemed necessary in order to:
(a)
implement the objectives and policies of the Pembina-Manitou Development Plan;
(b)
to define and limit the powers and duties of the Council and the Development
Officer; and
(c)
to regulate the following:
(i)
all building and structures erected hereafter;
(ii)
all uses of buildings, structures and land established hereafter;
(iii)
all structural alterations or relocations of existing buildings and structures
occurring hereafter;
(iv)
all enlargements of or additions to existing buildings, structures or uses; and
(v)
the change of use of land, buildings or structures.
RESPONSIBILITIES OF COUNCIL
3. (4)
Council shall be the authority responsible for the enactment of this by-law and subject to the
provisions of The Act is responsible for:
(a)
the enactment, repeal and amendment of this by-law;
13
(b)
administering and enforcing the provisions of this by-law and the provisions of The
Act, where applicable;
(c)
considering the adoption of amendments to or the repeal of this by-law;
(d)
consider and issue variation orders;
(e)
approving or rejecting conditional use applications; and
(f)
establishing a schedule of fees as provided for in Section 20 of this PART.
RESPONSIBILITIES OF THE BOARD
3. (5)
Subject to the provisions of The Act, the Board is responsible for:
(a)
administering and enforcing the provisions of this By-law;
(b)
administering and enforcing the provisions of The Act, where applicable;
(c)
in accordance with the provisions of Subsection 19(2) of The Act, establishing a
schedule of fees and charges for permits. Until all applicable fees and charges have
been paid in full, no action shall be taken on any application; and
(d)
hearing objections to a Zoning By-law and amendments thereto according to the
provisions of The Act.
AMENDMENTS
PROCEDURE
4. (1)
Subject to the procedure required under the appropriate Sections of The Act, an amendment
may be initiated by a resolution of intention by the Council or by application of one or more
owners of the property or their agents within the area proposed to be changed. An application
to amend the zoning by-law and all required information and fees as determined by Council
and in accordance with Section 20 of this PART, shall be made to the Council.
DECISION BY COUNCIL
4. (2)
After giving the by-law amendment first reading Council shall give notice and hold a public
meeting according to the appropriate Sections of The Act, at which time it shall review all of
the facts presented, and any representation made. It shall make its findings and determination
in writing and shall transmit a copy thereof to the applicant, if Council approves the
application, it shall proceed with the adoption of the amendment in accordance with the
provisions of The Act.
14
OBJECTIONS
4. (3)
Subject to the procedures required under Subsection 43(1)(b) of The Act, anyone objecting to
any amendment which subsequently has been given second reading by Council may file a
further objection with the Planning District Board and the Planning District Board shall hold
a hearing according to the provision of The Act.
DEVELOPMENT AGREEMENTS
4. (4)
Where an application is made for the amendment of this by-law, the Council may require the
owner to enter into an agreement pursuant to Section 46 of The Act. The development
agreement may be registered in the Land Titles Office in the form of a caveat and shall be
discharged when the requirements and conditions of the agreement have been met.
CONDITIONAL USES
INTENT
5. (1)
The development and execution of this by-law is based upon the division of The Area into
zones, within which zones the use of land, buildings and structures in relation to the land are
substantially compatible. It is recognized, however, that there are certain uses deemed
conditional uses which, because of their unique characteristics, cannot properly be classified
in any particular zone or zones without consideration, in each case, of the impact of those
uses upon neighbouring land and of the public need for the particular use at the particular
location.
APPLICATION
5. (2)
An application for a conditional use shall be processed and approved or rejected in
accordance with the provisions of Section 53 of The Act.
FILING AN APPLICATION
5. (3)
The application shall be filed with the Council and shall be accompanied by a site plan and
other data as the Council may prescribe and such fees as determined by Council.
EXPIRY OF APPROVAL
5. (4)
The approval of Council in accordance with the provisions of The Act shall expire and cease
to have any effect if it is not acted upon within twelve (12) months of the date of the
decision. The conditional use order can be renewed, prior to the expiry date, for an additional
period of twelve (12) months.
15
EXISTING CONDITIONAL USE
5. (5)
Where a use is classified as a conditional use under this by-law or amendments hereto and
legally exists as a permitted or conditional use at the date of the adoption of this by-law or
amendments hereto, it shall be considered as an existing conditional use.
CHANGES TO AN EXISTING CONDITIONAL USE
5. (6)
Any change in a conditional use shall be subject to the provisions of this Section and the
appropriate provisions of The Act.
REVOKING A CONDITIONAL USE PERMIT
5. (7)
Council may revoke an authorized conditional use permit for any violation of any conditions
imposed by it.
VARIATIONS
VARIATIONS
6. (1)
Any person may apply for a variation order, in accordance with the provisions of Section 55
of The Act.
6. (2)
An application for a variation order and all required information and fees shall be made to
Council or the Development Officer.
6. (3)
An application for a variation order shall be processed and approved or rejected in
accordance with the provisions of The Act.
6. (4)
The Development Officer may, in accordance with the provisions of Section 56 of The Act,
grant or refuse, at his/her discretion, a minor variation not to exceed ten (10) percent of the
requirements of this by-law governing a front, side, rear or any other yard.
TEMPORARY BUILDINGS, STRUCTURES AND USES
TEMPORARY BUILDINGS, STRUCTURES AND USES
7. (1)
Temporary buildings, structures and uses for construction materials or equipment, both
incidental and necessary to construction in the same zoning site may be permitted on a
temporary basis subject to the issuance of a development permit.
7. (2)
A development permit for a temporary building, structure or use shall be subject to such
terms and conditions as required by Council or the Development Officer.
16
7. (3)
Each development permit issued for a temporary building, structure or use shall be valid for a
period of not more than six (6) months and may not be renewed for more than two (2)
successive periods at the same location.
7. (4)
In all cases, temporary buildings and structures:
(a)
may be used as an office space for the contractor or developer;
(b)
shall not be used for human habitation, except as temporary accommodation for a
caretaker, security or other staff; and
(c)
shall not be detrimental to the public health, safety, convenience and general welfare.
7. (5)
The following buildings, structures and uses may be permitted to located on a site on a
temporary basis without obtaining a development permit:
(a)
temporary signs;
(b)
temporary buildings structures and uses associated with fairs, events, games,
exhibitions, public markets, sales in public places, transient traders and similar
provided the necessary licences are obtained as required;
(c)
the placement of temporary structures accessory to a dwelling or mobile home such
as playground and sports equipment; and
(d)
temporary use of a residential site for purposes of a garage or yard sale
DEVELOPMENT OFFICER
DUTIES OF THE DEVELOPMENT OFFICER
8. (1)
The Council shall appoint a development officer who, on behalf of the Rural Municipality of
Pembina:
(a)
shall issue a development permit where the development of land, buildings or
structures conforms to the adopted Development Plan, and the requirements of this
by-law and amendments thereto, subject to the provisions of subsection 8(2) below;
(b)
may enter any buildings or premises at all reasonable hours in the performance of his
duties with respect to this by-law;
(c)
may issue development permits for the temporary use of building, structures, or land
pursuant to the provisions of this by-law;
17
(d)
may issue zoning memoranda or such other documents
necessary for the
administration and enforcement of this by-law;
(e)
shall allow or refuse such minor variations to the requirements of this by-law as
authorized by Section 6(4) of this PART and in accordance with the provisions of
Section 56 of The Act.
(f)
shall refer with his/her recommendations, to Council all applications for development
permits involving:
(i)
amendments to this by-law;
(ii)
new conditional uses and changes to conditional uses as per Subsection 5. (3)
of this PART;
(iii)
variations from zone requirements in excess of that authorized by Subsection
6. (4) of this PART;
(iv)
matters requiring the specific approval of Council pursuant to this by-law;
and
(v)
any other items which may require Council's attention;
DEFER APPROVAL OF PERMITS
8. (2)
At the request of Council, the Development Officer shall defer approving an application for a
development permit:
(a)
as provided for in Subsection 58(3) of The Act;
(b)
which would result in a violation of this by-law or any by-law of the Rural
Municipality of Pembina; or
(c)
when any fees are due and owing to the Rural Municipality of Pembina under this by
law.
DUTIES OF THE OWNER
DUTIES OF THE OWNER
9. (1)
Neither the granting of a development permit nor the approval of the drawings and
specifications nor the inspection made by the Development Officer shall in any way relieve
the owner of the responsibility of complying with the requirements of this by-law or of any
relevant by-laws of the Rural Municipality of Pembina.
18
9. (2)
Every owner shall:
(a)
in accordance with Section 85 of The Act, permit the Development Officer to enter
any building or 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/her duties under this by-law;
(b)
after the development application has been approved and the permit issued, obtain
the written approval of the Development Officer before doing the work at variance
with the approved documents filed; and
(c)
be responsible for obtaining where applicable, from the appropriate authorities,
permits or licenses relating to the buildings, grades, sewers or water supply systems,
plumbing, signs, blasting, street, occupancy, electrical, highways, and all other
permits required in connection with the proposed work.
PERMITS
PERMITS REQUIRED
10. (1) The owner or his/her agent shall obtain all necessary permits as required by Council and
other government agencies.
DEVELOPMENT PERMIT
10. (2) An application for a development permit is required for the following:
(a)
the erection or construction or placement of any permanent building, structure,
dwelling, or mobile home, except fences or light standards;
(b)
the addition, extension, structural alteration or conversion of any building or
structure;
(c)
the relocation or removal or demolition of any building or structure;
(d)
the use of vacant land, buildings or structures; and
(e)
the change in use of land, buildings, or structure.
19
DEVELOPMENT PERMIT NOT REQUIRED
10. (3) The following development shall not require a development permit provided such
development complies with all applicable provisions of this by-law and any other applicable
by-law of the Municipality:
(a)
the carrying out of work or maintenance or repair to any building or structure,
provided that such works do not include structural alterations or major renovations;
(b)
the erection, construction of the maintenance of gates, fences, walls or other means of
enclosures less than 6 feet in height;
(c)
the temporary uses of a site or the erection or construction of temporary buildings or
structures excepted under Section 7 of this PART;
(d)
the construction or maintenance of that part of a public works placed in or upon a
public works easement;
(e)
the carrying out by the Rural Municipality of Pembina any operation for the
maintenance or improvement of a public works, including the inspection, repair or
renewal thereof;
(f)
the erection, placement, enlargement, structural alteration, relocation or use of any
building or structure, excluding satellite dishes, not exceeding 120 square feet that is
normally incidental or accessory to a dwelling as the principal building or use;
(g)
general landscaping and the planting or removal of trees and hedges intended as a
shelterbelt or buffer, except where said landscaping results in a change in the average
grade of the site by six (6) inches or more in height; and
(h)
the construction or erection of certain non-illuminated signs not exceeding 50 square
feet in area.
DEVELOPMENT PERMIT REQUIREMENTS
10. (4) In addition to the requirements of any by-law of the Rural Municipality of Pembina or any
other provincial regulations, all applications for a development permit shall be in a form
prescribed by Council and no person shall erect, locate, relocate, use, or occupy any building,
land or structure contrary to any development permit or the material furnished in the support
of the application.
BUILDING PERMITS REQUIRED
10. (5) 1n addition to a development permit, the owner or his/her agent shall obtain any building
permits required by the R.M. of Pembina Building by-law prior to any construction.
20
EXISTING BUILDING PERMITS
10. (6) Unless otherwise provided for herein, building permits issued prior to the effective date of
this by-law shall be considered valid for the purpose of this by-law provided all the
conditions under which the permit was issued are complied with.
BUILDING TO BE MOVED
10. (7) No building or structure shall be moved or relocated in whole or in part to any other location
unless every portion of the building or structure is made to conform to all the regulations of
this by-law applying to the zone in which it is located.
NON-CONFORMITIES
NON-CONFORMING USES, BUILDINGS OR STRUCTURES
11. (1) A non-conforming use and a non-conforming building or structure shall be regulated in
accordance with and subject to the provisions of Section 48-52 of The Act, unless otherwise
provided for herein.
EXISTING NON-CONFORMING BUILDINGS
11. (2) All buildings and structures lawfully existing at the effective date of the adoption of this
zoning by-law are deemed to conform to the site regulations and parking and loading
requirements of the zone in which the buildings and structures are situated. Any expansion,
addition, relocation or reconstruction of the said buildings and structures shall conform to the
site regulations and parking and loading requirements of the zone in which they are located
unless varied by a variation order.
REPAIR OR REBUILDING
11. (3) Pursuant to the provisions of Subsection 50(5) of The Act, where a building or structure that
does not conform to the provisions of the zoning by-law, is damaged or destroyed to an
extent of fifty (50) percent or more of the replacement value of the building above its
foundation, said building or structure may be repaired or rebuilt, but only in conformance
with this by-law or amendments.
INCIDENTAL ALTERATIONS
11. (4) Incidental alterations as defined in this by-law may be made to a building containing a non
conforming use provided such building or use is not expanded contrary to Section 50 of The
Act.
21
NON-CONFORMING PARCEL
11. (5) No building or structure shall be erected on a non-conforming parcel of land unless:
(a)
the required yards are provided as set forth in the Use and Site Requirements of the
zone in which the parcel of land is located; or
(b)
a variation order for such yard requirements is granted.
CHANGES
11. (6) Council may permit the following changes to existing non-conforming buildings, structures,
uses or parcels of land by variation order as per subsection 5 1(3) of The Act:
(a)
maintenance, reconstruction (if in compliance with subsection 11. (3)), structural
alteration or addition to a building or structure provided that yard, site coverage and
parking requirements of the subject zone are complied with;
(b)
erection or location of a permitted or conditional building, structure or use on a non
conforming parcel;
(c)
erection or location of permitted accessory buildings, structures and uses in
accordance with TABLE 3-1 of this by-law; and
(d)
enlargement or re-subdivision of a non-conforming parcel having the effect of
reducing the existing non-conformity.
Where any of the above changes do not result in the elimination of the non-conformity, the
subject building, structure, use or parcel shall retain its non-conforming status as per
subsection 11. (1) above.
CERTIFICATE AND FEES
11. (7) Council shall determine any fees paid to the Development Officer for the issuance of a non
conforming certificate in accordance with the provisions of Section 48 of The Act.
INTERPRETATION AND APPLICATION
MINIMUM REQUIREMENTS
12. (1) In their interpretation and application, the provisions of this by-law shall be held to be the
minimum requirements to satisfy the intent and purpose as set forth herein.
22
RELATION TO OTHER BY-LAWS AND REGULATIONS
12. (2) Whenever provisions of any by-law of the Rural Municipality of Pembina or any other
requirements of the Provincial or Federal Governments impose overlapping regulations on
the use of land or buildings or site regulations or contain any restrictions covering any of the
same subject matter contained herein, the most restrictive or highest requirement shall
govern.
PREVIOUS VIOLATIONS
12. (3) Unless otherwise provided for herein, an existing building, structure or use which was illegal
under the provisions of any by-law in force on the effective date of this Zoning By-law and
amendments thereto shall not become or be made legal solely by reason of the adoption of
this by-law; and to the extent that, and in any manner that, said illegal building structure or
use is in conflict with the requirements of any by-law, said building, structure or use remains
illegal hereunder.
SITE REDUCED
12. (4) Wherever a requirement of site area, width, frontage, depth of required yard is reduced below
the minimum requirements of this by-law by virtue of a highway, road allowance, drain, or
right-of-way, such site shall be deemed to conform to the requirements of this by-law.
OTHER PROVISIONS
PLANNING ADVISORY COMMITTEE
13.
Planning advisory committees may be established in accordance with the provisions of
Subsection 90(1) of The Act.
PUBLIC UTILITIES AND SERVICES
14.
Nothing in this by-law shall be so interpreted as to interfere with the construction,
maintenance and operation to the facilities of any public utility, as defined by this by-law or
public service such as police and fire protection, provided that the requirements of such
public utility or public service is of a standard compatible with the adjacent area and that any
building or structure erected in any zone complies with the yard and area requirements
applicable to the zone.
SAND, GRAVEL OR MINERAL EXTRACTION OPERATIONS
15.
Establishment of new or expansion of existing sand, gravel or mineral operations are subject
to a Development Agreement with Council.
23
BASEMENT DWELLING UNIT
16.
A basement dwelling unit shall comply with the provisions of this by-law, the Buildings and
Mobile Homes Act, Chapter B 93, R.S.M. 1987 and any other by-law or Act having
jurisdiction.
ENFORCEMENT
17.
The enforcement of this by-law, or any resolution or Order enacted by the Council under the
Act or any regulation made thereunder shall be in accordance with the provisions of the Act.
DEVELOPMENT AGREEMENT WITH COUNCIL
NEED FOR DEVELOPMENT AGREEMENT
18. (1) Where an application is made for a zoning amendment or for subdivision approval and any of
the following activities are necessary:
(a)
construction of a public street or other lawful means of access to give access to the
proposed development;
(b)
the installation of utilities or other public works to serve the proposed development;
(c)
the provision of associated features or facilities such as those outlined in Section
46(1) of The Act; or
(d)
the provision of a dedication or a general levy, if required;
Council may require that the applicant enter into a development agreement prior to final
approval.
REGISTRATION
18. (2) The development agreement pursuant to subsection (1) may be registered in the Land Titles
Office in the form of a caveat against the certificate of title for the land that is the subject of
the development agreement.
DISCHARGE
18. (3) Council shall discharge a caveat registered pursuant to subsection (2) when the requirements
and conditions of the agreement have been met.
24
FEE SCHEDULE
AMENDMENT FEES
19. (1) An application for an amendment to this by-law shall be accompanied by:
(a)
an application fee
(b)
an undertaking by the applicant to pay to the Municipality such disbursements
incurred by the Municipality in processing the application; and
(c)
a deposit of an amount determined by Council to be applied towards the total
disbursements to be incurred.
OTHER FEES
19. (2) The Council pursuant to the requirements of The Act shall establish fees for variation orders,
conditional use orders, development permits, non-conforming certificates and zoning
memorandums.
25
PART 3- LAND USE AND DEVELOPMENT PROVISIONS
Section
INTENT AND PURPOSE
20
GENERAL SITE PROVISIONS
21
Zoning Site
21(1)
Building Grade
21(2)
Buildings Per Site
2 1(3)
Subdividing Land
21(4)
Site Requirements
2 1(5)
Violation of Provisions
21(6)
Public Works
21(7)
Municipal Services
2 1(8)
Building Relocation
2 1(9)
Multiple Uses
2 1(10)
ACCESSORY BUILDINGS, STRUCTURES
AND USES
22
General
22(1)
Location and Use
22(2)
Types Permitted
22(3)
Table 3-1 Accessory Use Table
HOME OCCUPATIONS
23
Urban Home Occupations
23(1)
Rural Home Occupations
23(2)
Primary Business
23(3)
YARDS
24
General Requirements
24(1)
Yard Exceptions
24(2)
SIGN REGULATIONS
25
DEVELOPMENT RESTRICTED
26
Unsuitable For Development
26(1)
Noxious or Offensive Uses
26(2)
PUBLIC SERVICES
27
Public Monuments
27(1)
Public Works
27(2)
OTHER PROVISIONS
28
Subdivision of Existing Attached Dwellings
28(1)
Mobile Home
- Travel Trailers
28(2)
Mobile Home Parks
28(3)
Future Road Allowances
28(4)
Private Swimming Pools and Hot Tubs
28(5)
Height Exceptions
28(6)
Satellite Dish
28(7)
PART 3- LAND USE AND DEVELOPMENT PROVISIONS
INTENT AND PURPOSE
20.
The provisions of this PART are intended to apply to all zones within the R. M. of Pembina
except wherein stated.
GENERAL SITE PROVISIONS
ZONING SITE
21. (1) No development shall take place and the Development Officer shall issue no development
permit, unless the development occurs on a zoning site as defined in this by-law.
BUILDING GRADE
21. (2) No building or structure shall be erected without first consulting with the Development
Officer/Building Inspector as to grade for the building or structure to be erected, nor shall the
average grade of any site be raised or lowered by six (6) inches or more without the approval
of the Development Officer/Building Inspector in accordance with Section 8 of PART 2 of
this by-law. When allowing the raising or lowering of grade by six (6) inches or more, the
Development Officer/Building Inspector shall take into consideration available flood level
information, street elevation, installation of services, elevation of adjacent sites, drainage,
appearance and other pertinent factors.
BUILDINGS PER SITE
21. (3) There shall be only one main building or one main use on a zoning site. For example, a
residential zoning site shall contain only one (1) single-family dwelling or one (1) two-family
dwelling and their accessory buildings, structures and uses.
SUBDIVIDING LAND
21. (4) Except as otherwise provided for in the by-law, no parcel of land shall hereafter be divided
into sites unless each resultant site conforms to the requirements of this by-law.
26
SITE REQUIREMENTS
21. (5) Except as otherwise provided herein, the owner shall maintain the minimum site area, site
width, site depth, yards and other open spaces required for any use in any zone. Furthermore,
the minimum site area, site width, site depth, yards and open space allocated to a use as
required by this by-law shall not by virtue of change of ownership, or for any other reason, be
used to satisfy the minimum site area, site width, site depth, yards or other open space
requirements for any other use.
VIOLATION OF PROVISIONS
21. (6) No building or structure shall be added to, altered, enlarged, or reconstructed, and no site
shall be reduced in area or yard requirements if such addition, reconstruction, enlargement,
reduction or alteration will cause violation of any provisions of this by-law.
PUBLIC WORKS
21. (7) A site area, site width, or required yard reduced below the minimum requirements of this by
law by virtue of a public works shall be deemed to conform to the requirements of this by
law provided the necessary variations are obtained.
MUNICIPAL SERVICES
21. (8) All principal buildings or structures constructed on a site within urban areas and served by
public or private sewer, water or hydro distribution shall be connected to such services.
BUILDING RELOCATION
21. (9) No building or structure shall be moved or relocated in whole or in part to any other location
unless every portion of the building or structure is made to conform to all the requirements
and regulations of this by-law applying to the zone in which it is to be located.
MULTIPLE USES
21. (10) Where any land or building is used for more than one purpose, all provisions of this by
law relating to each use shall be satisfied. Where there is conflict such as in the case of site
area and frontage, the higher or more stringent requirement shall prevail.
27
ACCESSORY BUILDINGS, STRUCTURES AND USES
GENERAL
22. (1) Accessory buildings, structures and uses shall be permitted on the same zoning site as the
main building, structure or use subject to the provisions of this Section and the USE AND
SITE REQUIREMENTS of the zone in which the accessory buildings, structures and uses
are to be located.
LOCATION AND USE
22. (2) Accessory buildings and structures, except as otherwise regulated in this by-law, shall be
subject to the following regulations:
(a)
where the accessory building or structure is attached to a main building or structure,
it shall be subject to, and shall conform to, all regulations of this by-law applicable to
the main building or structure;
(b)
detached accessory buildings or structures shall not be located in any required front
yard;
(c)
in no instances shall an accessory building or structure be located within a dedicated
easement right-of-way; and
(d)
no accessory building or structure shall be erected prior to the erection of the main
building or structure except where it is necessary for the storage of tools and
materials for use during construction of the main building or structure.
TYPES PERMITTED
22. (3) Accessory buildings, structures and uses shall be limited to those listed on TABLE 3-1
ACCESSORY USE TABLE, except where, in the opinion of Council, a similar accessory
building, structure or use would be compatible with the character and use of the subject zone.
28
TABLE 3-1
ACCESSORY USE TABLE
Legend:
P
- Permitted
-
- Not Permitted
USE, BUILDING OR STRUCTURE
ZONE
M
A.
WHEN INCIDENTAL TO AN AGRICULTURAL OPERATION
1.
Single Family Dwelling (including mobile
P
P
P
-
-
-
homes)
2.
Aircraft Landing Strip
P
P
P
-
-
-
3.
Dwelling Unit or mobile home ancillary to
P
P
P
-
-
-
an agricultural use
B.
PERMITTED WHEN INCIDENTAL OR ACCESSORY TO A DWELLING OR
MOBILE HOME OR DWELLING UNIT
1.
Children's playhouse, private greenhouse,
summerhouse
or
conservatory,
private
P
P
P
P
P
swimming pool, open or enclosed (See
-
Subsection_28(5))
2.
Home Occupations (See Section 23)
P
P
P
P
P
-
3.
Permanent Outdoor Barbeques and similar
P
P
P
P
P
-
cooking_facilities
4.
The
keeping of domestic
animals
with
P
P
P
P
P
-
associated buildings
and
structures,
for
personal use, up to .25 A.U. per acre
5.
Private
garage,
carport,
covered
patio,
P
P
P
P
P
-
toolhouse,
shed or similar building for
storage of domestic equipment and supplies
6.
Gardens and incidental outdoor storage or
P
P
P
P
P
-
materials associated with a residential use.
29
USE, BUILDING OR STRUCTURE
ZONE
AG
AL
AV
RC
GD
M
7.
Miscellaneous domestic structures such as
p
p
p
p
p
-
playground and sports equipment, laundry
poles
and
platforms,
flagpoles
and
birdhouses, pads for mechanical or electrical
equipment_and similar_uses.
C.
PERMITTED WHEN INCIDENTAL OR ACCESSORY TO ALL USES, EXCEPT
AS OTHERWISE NOTED
1.
Shelterbelts, fences, hedges, lighting fixtures
P
P
P
P
P
P
and similar landscape architectural features
2.
Refuse/Garbage
Storage
Areas
and
P
P
P
P
P
P
Structures
3.
On-Site Signs (See Section 25)
P
P
p
p
p
p
4.
Off-Street Parking and Loading Areas
P
P
P
P
P
P
5.
Private reception equipment such as satellite
P
P
P
P
P
P
dishes, television and radio antenna, aerials
and similar
6.
Storagecompounds,storageofgoodsusedin
p
p
P
-
P
P
or produced by activities on site unless
excluded by other provisions herein
7.
Open Space, including athletic fields, park
p
p
P
P
P
P
areas, play areas and similar
D.
PERMITTED WHEN INCIDENTAL OR ACCESSORY TO SPECIFIC USES OR
IN CERTAIN ZONES_AS NOTED
1.
Where municipal services are not available
P
P
P
P
P
P
or feasible, private sewage disposal and
water supply systems, subject to the approval
of Council
2.
Any
building
or
structure,
excluding
P
P
p
-
p
P
dwellings and mobile homes, necessary for
the
operation,
maintenance
and
administration of a permitted or conditional
use
30
USE, BUILDING OR STRUCTURE
ZONE
AG
AL
AV
RC
GD
M
3.
Production, processing, cleaning, servicing,
P
P
P
-
P
P
altering, testing, repair or storage of goods
normally
incidental
to
an
operation
conducted by the owners
4.
Retail
Business/Service
and
Other
-
-
-
-
p
P
Permitted/Conditional
Commercial
Uses
when incidental to the main commercial or
industrial use
5.
Administrative and Business Offices
P
P
P
-
P
P
6.
Fuel Pumps and associated structures when
p
P
P
-
P
P
incidental_to_a_Service_Station
7.
Sales and service areas associated with a
p
P
P
-
P
-
Retail Business/Service
8.
Off-Site Signs (See Section 25) subject to the
P
P
P
-
P
P
approval of Council
9.
Except when a dwelling is the main use, a
P
P
P
-
-
p
single-family dwelling, or dwelling unit for
the
owner/operator
or
for
a
commercial/industrial
site
security
or
caretaker, if necessary
31
HOME OCCUPATIONS
23.
For the purpose of this by-law, home occupations shall be further categorized as 'urban home
occupations" and "rural home occupations".
Within the RM of Pembina, urban home
occupations will occur only in the settlement centres of Darlingford and La Riviere.
It is recognized that home occupations in rural areas are often different in nature to those
encountered in urban settings. Rural home occupations are often farm-related or are more
industrial in nature and are needed by many farmers as a secondary source of income.
Generally the increased distance between neighbours lessens the impact of noise, sight and
odours thereby allowing a wider range of activities in rural settings.
Council recognizes that both urban and rural home occupations are a vital part of the rural
economy but some guidelines are necessary to ensure that they are of a nature that will not
have a negative impact on the surrounding area and will not directly compete with
established commercial or industrial areas within the municipality or adjacent towns.
URBAN HOME OCCUPATIONS
23. (1) Subject to the issuance of a development permit, a home occupation shall be permitted as an
accessory use to the principle dwelling or mobile home provided that:
(a)
it shall be limited to those uses, which do not interfere with the rights of other
residents to quiet enjoyment of their neighbourhood;
(b)
it shall not create a nuisance by way of dust, noise, vibration, smoke, odour, litter,
light of heat nor shall it create or cause any fire hazard electrical interference or
traffic congestion in the neighbourhood;
(c)
in the case of retail sales or distribution it offers articles for sale which are limited to
those produced therein or articles that are produced elsewhere, but are pre-packaged
and held only on a temporary basis for distribution to customers;
(d)
it is carried on in a dwelling unit or mobile home or its permitted accessory buildings
solely by the members of the family residing there without the employment of other
persons;
(e)
there shall be no exterior display, no external storage of materials, containers or
finished or unfinished products and no other exterior indication that the building is
being utilized for any other purpose other than that of a dwelling, except for a home
occupation sign;
(f)
the site provides for the off-street parking of all vehicles associated with the
residence and the home occupation; and
32
(g)
no more than three hundred (300) square feet or 25% of the gross floor area,
whichever is the greater, shall be devoted to home occupations in any dwelling unit
or mobile home or accessory building;
Urban types of home occupations shall generally include home day-care, business,
professional or organization offices, crafts and hobbies, private tutoring or lessons, hair
stylists, bed & breakfast and other such uses.
RURAL HOME OCCUPATIONS
23. (2) Subject to the issuance of a development permit, a home occupation may be permitted as an
accessory use to a dwelling or mobile home in an "AG" Agriculture General Zone, "AL"
Agricultural Limited Zone, "AV" Agricultural Valley Zone, "RC" Rural Cluster Zone or
"GD" General Development Zone provided that:
(a)
it shall be limited to those indoor and outdoor uses, which do not interfere with the
rights of other residents to enjoyment of their area;
(b)
the creation of dust, noise, vibration, smoke, odour, litter, light or heat shall be
limited so that these effects do not extend beyond the limits of the subject site so as
to cause interference with adjacent property and uses; nor shall it create or cause any
fire hazard, electrical interference or other hazardous effect;
(c)
in the case of retail sales, it offers commodities for sale which are limited to those
produced or repaired on the premises. Some outdoor work, product display, signage
and storage of materials or products associated with the home occupation may be
permitted; and
(d)
the site provides for on-site parking and loading areas for all vehicles associated with
the dwelling or mobile home and the home occupation.
Rural types of home occupations shall generally include farm-related sales and service,
machinery and auto repair, welding, carpentry, bed & breakfast and other trades and similar
uses directly serving the rural population.
A home occupation to be located in the "AG", "AL", "AV", "RC" and "GD" Zones shall be
subject to conditional use approval, when it does not comply with the requirements of clauses
(a)
- (g) inclusive of subsection (1) above.
33
PRIMARY BUSINESS
23. (3) If, in the opinion of Council, a home occupation is no longer a secondary use or contravenes
or exceeds the requirements outlined in Subsections (1) or (2) as applicable, it shall be
considered evidence that the home occupation has become a primary business. In this case, it
shall cease if the subject zone does not provide for such a primary business and be
encouraged to relocate to an appropriate zone within the municipality.
YARDS
GENERAL REQUIREMENTS
24. (1) Except as herein provided, the following provisions shall apply in all zones to ensure
adequate yards and setbacks:
(a)
The
yard
requirements
shall
be
as
set
forth
in
the
USE
AND
SITE
REQUIREMENTS of each zone;
(b)
All yards and other open spaces required for any use shall be located on the same site
as the use;
(c)
Where permitted in this by-law, a building containing more than one unit with
common party walls, such as a semi-detached two-family dwelling, row housing or
businesses shall be considered as one (1) building occupying one (1) site for the
purpose of side yard regulations;
(d)
Minimum required yards contained in this by-law do not relieve the owner from
compliance with Department of Transportation and Government Services, Highway
Traffic Board or Manitoba Building Code requirements where said requirements
demand greater setbacks; and
(e)
On a corner site, no fence, wall, hedge, shrubs or other landscape features shall be
placed in such a manner as to produce a fence effect or visual barrier hazardous to
vehicle and pedestrian traffic. Any plantings proposed within 50 ft. (15.2 m) of
Provincial Trunk Highways and Provincial Roads will require a permit from
Manitoba Transportation and Government Services.
YARDS EXCEPTIONS
24. (2) (a)
Where sites comprising forty (40) percent or more of the frontage of the block are
developed with buildings, the average front yard depth established by such buildings
shall establish the minimum front yard depths for the entire frontage of the block.
34
24. (2) (b)
The following features and accessory buildings, structures and uses may be permitted
to project into or locate in the following yards:
(i)
any required yard
-
Agricultural crops
-
Landscape features (trees, shrubs, plants)
-
Public Works equipment
-
Lighting fixtures and other landscape architectural features
-
Signs
-
Unenclosed outdoor display of commodities and products normally
sold on the site (within the
'GD' Zone only)
-
Architectural features such as eaves, gutters, chinmeys, bay windows,
awnings and fire escapes provided they project no closer than two (2)
feet to any site line
-
Fences and hedges up to 4 feet in height in any front yard and 6 foot
height in any side or rear yard
-
Parking and Loading Spaces
-
Recreation Areas
-
Uncovered Walks and Driveways
-
Guard-rails for ramps
-
Ramps for Physically Challenged
-
Temporary Buildings, Structures & Uses
(ii)
required rear or side yard
-
incidental storage of materials, refuse/garbage bins and structures
-
open unenclosed and uncovered stairs, balconies, porches or decks
attached to the main building may project up to ten (10) feet into the
required rear yard
SIGN REGULATIONS
25. (1) The regulations herein are designed to establish a minimum control of signs as accessory
structures. Such control is deemed essential to promote the health, safety, and general welfare
by reducing hazards to pedestrian and vehicular traffic, and by preventing unsightly and
detrimental development having a blighting influence upon residential, commercial,
industrial and other uses.
25. (2) The following provisions shall apply to all signs erected or maintained within the villages,
except wherein otherwise stated:
(a)
no sign or sign structure shall be erected at any location where it may interfere with
or obstruct the view of any street, intersection or railroad grade crossing, or be
confused with any authorized traffic sign, signal or device. No rotating beam, beacon
or flashing illumination resembling an emergency light shall be used in connection
with any sign display;
35
(b)
no sign or sign structure shall be erected or maintained on, over or above any land or
right-of-way belonging to the villages unless such right is established by agreement
with Council;
(c)
in areas adjacent to residential zones, freestanding signs shall not obstruct the light to
or view from a window of a habitable room;
(d)
the placing of signs within the control lines and circles of a Provincial Road or
Provincial Trunk Highway shall require
a permit from the Department of
Transportation and Government Services and/or Highway Traffic Board; and
(e)
flashing signs are not permitted within residential zones or within one hundred (100)
feet of the boundaries of residential zones.
25. (3) The following provisions shall apply to all signs erected or maintained within the R. M. of
Pembina:
(a)
no sign shall be placed in a manner, which would obstruct visibility at an intersection
of two roads or a road and a railway;
(b)
no sign or sign structure shall be erected on, over or above any land or road
allowance belonging to the municipality unless such right is established by agreement
with Council; and
(c)
no sign shall be erected or placed in such a manner as to prevent the normal
maintenance or interfere with the public safety.
25. (4) All signs and sign structures shall be kept in good repair and in a proper state of preservation.
Signs that have become obsolete because of discontinuance of the operation of activity or are
not maintained in good condition or repair shall be repaired, removed or relocated within
thirty (30) days following notice by the Development Officer.
25. (5) Permitted signs may be constructed without a permit, however, this shall not relieve the
owner or person in control of such signs from erecting and maintaining the signs in safe
conditions.
36
DEVELOPMENT RESTRICTED
UNSUITABLE FOR DEVELOPMENT
26. (1) Notwithstanding the provisions contained in this by-law, the Council may prohibit or restrict
the development of an area of land for a use permitted in a zone if the area has been
identified either by Council or other agencies as being subject to flooding, erosion, bank
instability, landslide, subsidence, marshy or unstable, or otherwise hazardous or unsuitable
for the proposed development and use by virtue of its soil or topography.
NOXIOUS OR OFFENSIVE USES
26. (2) 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 unless the use is permitted in the subject zone
or satisfactory measures are undertaken to mitigate or eliminate such effects.
PUBLIC SERVICES
PUBLIC MONUMENTS
27. (1) Nothing in this by-law shall be so interpreted as to interfere with the maintenance and
erection of public monuments, statuary and similar historic or memorial markers.
PUBLIC WORKS
27. (2) Nothing in this by-law shall be so interpreted as to interfere with the construction,
maintenance and operation of the facilities of any public works, as defined by this by-law, or
public service such as police and fire protection provided that the requirements of such
public works or public services is of a standard compatible with the adjacent area and that
any building or structure erected in any zone complies with the yard and area requirements
applicable to the zone.
OTHER PROVISIONS
SUBDIVISION OF EXISTING ATTACHED DWELLINGS
28. (1) A site with a two-family attached dwelling or row type dwelling located thereon may be
subdivided into two or more sites provided that:
(a)
any new site line shall, where possible, be a straight line between the front and rear
site lines, located in such a manner that the party wall of two adjacent units shall
form part of the new site line;
37
(b)
each site created shall have frontage on a Street other than a lane;
(c)
each site created shall provide not less than one (1) on-site parking space having
access directly to either a public lane or Street;
(d)
the permitted use for each site created shall be for one attached single-family
dwelling unit only;
(e)
all applicable provisions of the R.M. of Pembina Building By-law shall be complied
with; and
(f)
notwithstanding the minimum requirements of the GD?? General Development Zone,
any new site created pursuant to this subsection shall have a minimum site area of
3,500 square feet and a minimum frontage of 35 feet. No side yard is required along a
party wall.
MOBILE HOME
- TRAVEL TRAILERS
28. (2) All mobile homes and travel trailers to be located within the R.M. of Pembina shall meet all
structural standards as determined by the Buildings and Mobile Homes Act and regulations
thereunder.
MOBILE HOME PARKS
28. (3) All proposals to establish or expand a mobile home park shall require the approval of
Council. Scaled and dimensioned plans of the mobile home park shall be submitted to
Council for approval and shall show mobile home spaces, internal roads and walkways,
buffers, storage and recreation areas, drainage, sewer and water services as required.
FUTURE ROAD ALLOWANCE
28. (4) 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 should
comply with the requirements of the by-law as if the said future road allowance was already
in existence.
PRIVATE SWIMMING POOLS AND HOT TUBS
28. (5) (a)
This Section applies to private and semi-private swimming pools, hot tubs and
similar structures when accessory to a residential use.
(b)
Outdoor pools and hot tubs shall comply with yard requirements for accessory
buildings, structures and uses as set forth in the relevant USE AND SITE
REQUIREMENTS. Notwithstanding the above requirements no outdoor pool or hot
tubs shall be located closer than five (5) feet to any side or rear site line.
38
(c)
All outdoor pools and hot tubs shall be completely enclosed with a fence or other
suitable barrier constructed or erected in accordance with the following:
(i)
it shall have a minimum height of six (6) feet including gates which shall be
self-closing and equipped with a lockable latch to prevent unauthorized entry;
(ii)
there shall be no openings other than an entry to a building or a gate and it
shall be constructed so as to prevent a child from crawling under either the
fence or gate;
(iii)
where other than chain link is used, the outside surface of the enclosure shall
be relatively smooth so as not to provide foot or toe holds; and
(iv)
the enclosure surrounding an outdoor pooi shall be maintained in good repair.
(d)
Notwithstanding the provisions of Subsection 25(2) of this PART open decks and
open stairways associated with outdoor pools or hot tubs may project to any side or
rear site line.
(e)
Semi-private pools, when not located on a single-family dwelling site nor used solely
by the occupants of the dwellings or their guests are subject to the regulations
governing swimming pools under The Public Health Act.
(f)
Nothing in this Subsection shall relieve any such structure from complying with
spatial, structural, electrical, plumbing, health and safety or operational requirements
contained in regulations under The Buildings and Mobile Homes Act, Public Health
Act or other applicable statutes.
HEIGHT EXCEPTIONS
28. (6) The maximum height requirements contained in the USE AND SITE REQUIREMENTS of
this by-law shall not apply to limit the height of:
(a)
chimneys and flues;
(b)
elevators and bulldieads;
(c)
flagpoles, communication towers, aerials and lines;
(d)
roof-mounted satellite dishes;
(e)
steeples and spires;
(f)
water storage tanks, electrical apparatus or mechanical rooms, without habitable
space, associated with the operation of a building or structure; and
(g)
grain elevators and grain or other agricultural product handling structures.
39
PARABOLIC SATELLITE DISH ANTENNA
28. (7) Satellite dish antennae and related equipment shall be subject to the following regulations:
(a)
Satellite dish antennae located at ground level or above ground on a free-standing
structure shall be located to the rear of the rear wall of the main building or structure;
(b)
Satellite dish antennae are permitted on the roof of either the main building or the
roof of a suitable accessory building such as a garage;
(c)
Satellite dish antennae and related equipment shall not contain any advertising signs
or devices nor shall they be illuminated; and
(d)
Where a person can demonstrate to the satisfaction of Council that a satellite dish
antenna complying with these regulations is unable to receive proper reception,
Council may waive the above requirements.
40
PART 4- LAND USE ZONES
Section
ZONING
30
Establishment of Zones
30(1)
Zoning Maps
30(2)
Dimensions and Scale
30(3)
Registered Plans
30(4)
Abbreviations
30(5)
Interpretation of Zone Boundaries
30(6)
INTERPRETATION OF ZONE REQUIREMENTS
31
Interpretation
31(1)
Uses
31(2)
Uses Not Listed
3 1(3)
Site Requirements
31(4)
Measurements
31(5)
RURAL AREA ZONES
32
SETTLEMENT CENTRE ZONES
33
PART 4- LAND USE ZONES
ZONING
ESTABLISHMENT OF ZONES
30. (1) In order to carry out the intent and purposes set forth in Subsection 3(3) of PART 2
ADMINISTRATION, the following zones are hereby established:
"AG"
Agricultural General Zone
"AL"
Agricultural Limited Zone
"AV"
Agricultural Valley Zone
Rural Cluster Zone
General Development Zone
"M"
Industrial Zone
ZONING MAPS
30. (2) The location and the boundaries of the zones listed in Section 30. (1) above are shown upon
Zoning Maps attached hereto, marked as SCHEDULE 'A" to this by-law. Said Zoning Maps
form part of this by-law. All notations, references and other information shown thereon,
together with any amendments made by amending by-laws from time to time and shown
thereon, together with any amendments to boundaries in the case of any street, lane or public
utility right-of-way closing, as provided in this Section, shall be as much a part of the by-law
as if the matters and information set forth by the said Zoning Maps were full described
herein.
DIMENSIONS AND SCALE
30. (3) The scale and all dimensions of the Zoning Maps are in feet and metres.
REGISTERED PLANS
30. (4) All plan references on Zoning Maps pertain to plans filed in the Morden Land Titles Office.
41
ABBREVIATIONS
30. (5) The abbreviations noted on the Zoning Maps mean the following:
(a)
'Rge." means Range;
(b)
'R.M. of Pembina" means the Rural Municipality of Pembina;
(c)
"Sec." means Section;
(d)
T.P.
or 'Twp.' means Township;
(e)
"W.P.M." or "W means West of the Principal Meridian;
(f)
'P.R.
means Provincial Road; and
(g)
"P.T.H." means Provincial Trunk Highway.
INTERPRETATION OF ZONE BOUNDARIES
30.(6) In the interpretation of the boundaries of the zones as shown on the Zoning Maps, the
following rules shall apply:
(a)
heavy broken lines represent the zone boundaries. Where the zone boundary is
broken by the name of a street, it shall be construed that the boundary continues
through the name of the street;
(b)
notwithstanding that streets, lanes and public utility rights-of-way may be within
zones boundaries, the regulations contained in this by-law shall not be deemed to be
applicable to said street, lanes and public utility rights-of-way;
(c)
boundaries indicated as following the centrelines of streets, highways or lanes shall
be construed to follow such centrelines;
(d)
boundaries indicated as following lot, site or property holding lines on a registered
plan shall be construed as following such lots, site and property holding lines;
(e)
boundaries indicated as following the municipality's limits shall be construed as
following the municipality's limits;
(f)
boundaries indicated as following the centrelines of railway lines or railway rights-of
way or public utility lines or rights-of-way shall be construed to be midway between
the main tracks or the centre of the right-of-way, as the case may be;
42
(g)
if a street, lane or government road allowance shown on the Zoning Map is lawfully
closed, the land formerly comprising the street, lane or government road allowance
shall be included within the zone of the adjoining land provided that if the said street,
lane or government road allowance was a zone boundary between two or more
different zones, the new zone boundary shall be the former centreline of the closed
street, lane or government road allowance; and
(h)
boundaries indicated as going through the middle of a section shall be construed as
following the quarter section limits.
INTERPRETATION OF ZONE REQUIREMENTS
INTERPRETATION
31.(1) In their interpretation and application the provisions of this by-law, shall be held to be the
minimum requirements, except wherein otherwise noted.
USES
3l.(2) (a)
'USE AND SiTE REQUIREMENTS' Sections of this by-law, list all uses that are:
(i)
"P'
- Permitted; or
(ii)
"C'
- Conditional;
in respective zones. All listed uses shall be interpreted in accordance with PART 1
-
DEFINITIONS; shall be dealt with in accordance with procedures outlined in PART
2 -ADMINISTRATION and shall be subject to the provisions contained in PART 3
-
LAND USE AND DEVELOPMENT PROVISIONS.
31 .(2) (b)
No land shall be used or occupied and no building or structure shall be erected,
altered, used, relocated or occupied hereafter for any use in any zone in which such
land, building or structure is located other than a use listed in the subject zone USE
AND SITE REQUIREMENTS Section.
43
USES NOT LISTED
31 .(3) Uses of land, buildings, or structures not listed in the USE AND SITE REQUIREMENTS
Section may be allowed if:
(a)
the use was lawfully established prior to the effective date of this by-law in which
case the use shall be dealt with as a non-conforming use, structure or building in
accordance with Section 11 of PART 2
- ADMINISTRATION; or
(b)
the use, in the opinion of Council, falls into a general use category established in the
zone. Such uses shall be permitted uses where the general use category is 'Permitted'
and conditional uses where the general use category is "Conditional" in that zone.
SITE REQUIREMENTS
31 .(4) Site and other requirements shall be as set forth in the USE AND SITE REQUIREMENTS
Sections of this PART. The requirement set forth therein shall apply to all uses, structures or
buildings.
MEASUREMENTS
31 .(5) if the conversion between metric and imperial measurements pertaining to a development
permit application is not exact as prescribed in this by-law, the Development Officer may
apply metric or imperial measurement to the development permit application.
44
RURAL AREA ZONES
INTENT AND PURPOSE
32.(l) The following Rural Area zones are hereby established in order to carry out the intent and
purpose as described below:
"AG" Agricultural General Zone
-- this zone provides for general agricultural activities
including grain production, dairying, apiculture, market gardening, horticulture,
silviculture and for animal and poultry production on a commercial scale.
"AL" Agricultural Limited Zone
-- this zone provides for a range of agricultural activities
on a commercial scale, including livestock operations, while placing limitations or
restrictions on certain uses because of proximity to existing settlement centres.
"AV" Agricultural Valley Zone
-- this zone provides for a wide range of agricultural
activities, including livestock, but also recognizes that the unique physical features of
the Pembina Valley offer potential for other uses such as non-farm residential
developments and regional recreational attractions.
"RC" Rural Cluster Zone
-- This zone is intended to recognize the existing and potential
future land uses in the Rural Cluster areas of Kaleida and Snowflake as identified in
the Pembina-Manitou Development Plan. This zone is primarily geared toward non
farm residential development, however a range of other uses may be appropriate in
this zone including retail, service and recreational uses which serve the rural and
agricultural community.
45
TABLE 4-1
"AG" AGRICULTURAL GENERAL
USE AND SITE REQUIREMENTS
inimum Requirements
Site
Site
Front
Side
Rear
Area
Width
Yard
Yard
Yard
(acres)
(feet)
(feet)
(feet)*
(feet)
PERMITTED USES:
Accessory Uses, Buildings or Structures (Sec. 22)
N/A
N/A
125
25
25
Agricultural Activities
80
600
125
50
50
Farmstead Dwellings
2
200
125
25
25
Livestock Operations producing up to 299 Animal
Units (subject to additional requirements of Section
80
800
125
25
25
32(5) to 32(8))
Wind Energy Generating Systems (WEGS)
Subject to the requirements of Section 32(1 1)
CONDITIONAL USES:
"'
-.
Abattoirs and meat packing and processing
10
200
125
25
25
Agricultural Auction Markets
5
200
125
25
25
Agricultural Crop Protection Warehouse
5
200
125
50
50
Agricultural Exhibition Grounds
5
200
125
25
25
Aircraft Landing Fields
10
300
125
50
50
Anhydrous Ammonia Facilities
10
200
125
50
50
Asphalt Plants and Gravel Extraction and Processing
10
200
125
50
50
Automobile Wrecking and Body Shops
10
200
125
25
25
Billboard Advertising Signs
N/A
N/A
125
25
25
Bulk Fuel Sales & Storage
2
200
125
50
50
Cemeteries
5
200
125
25
25
Concrete Plants
5
200
125
50
50
Contractors' Establishments
2
200
125
25
25
Cottage/Seasonal Dwellings
2
200
125
25
25
* existing Cottage/Seasonal Dwellings
*
When adjacent to a municipal road allowance or Provincial Highway,
be increased to 125 feet for all buildings, structures and shelterbelts.
the side yard shall
*
The size of cottage lots/seasonal dwelling lots that existed pre- By-Law 1-2008/September 2008, are
determined at Council's discretion.
Table 4-1 (Continued)
Minimum Requirements
Site
Site
Front
Side
Rear
Area
Width
Yard
Yard
Yard
(acres)
(feet)
(feet)
(feet)*
(feet)
Feed Mill and Seed Cleanin&
5
200
125
50
50
Flax Straw Storage & Processing
20
300
125
50
50
Grain Terminals
20
300
125
25
25
Implement Repair Shops mci. Welding and Assembly
5
200
125
25
25
Irrigation Dugouts orPonds
N/A
N/A
325
325
325
Lagoons or open pits for the storage or treatment of
40
800
325
325
325
liquid wastes
Light Manufacturing
5
300
125
50
50
Livestock Operations within 1600 metres (1 mile) of
80
800
125
25
25
the Mary Jane Reservoir
Livestock Operations Producing 300 or more
(A.U.)Animai Units (subject to additional
80
800
125
100
100
requirements of Section 32(5) to 32(8))
Mineral Exploration, Extraction & Development
N/A
N/A
N/A
N/A
N/A
Museums
1
100
125
25
25
Parks and Recreational Areas
2
100
125
25
25
Public Utilities & Communication Facilities
1
100
125
25
25
Public Works Yard
2
200
125
25
25
Solid Waste & Sewage Disposal
N/A
N/A
325
325
325
Specialized Agricultural Activities such as
Apiculture, Nurseries, Horticulture, Greenhouses and
15
200
125
50
50
Research Facilities
Stables & Riding Academies
10
200
125
25
25
Storage, Handling and/or Processing Facilities for
5
200
125
50
50
Grains, Vegetables and Pulse Crops
Veterinary Clinics, Animal Kennels & Pounds
2
100
125
25
25
/1-i.
32.(2)
(b)
The following use and site requirements shall apply in the "AL" Agricultural
Limited Zone as referenced in TABLE 4-2:
TABLE 4-2
"AL" AGRICULTURAL LIMITED
USE AND SITE REQUIREMENTS
V
V
inimum Requirements
Site
Area
(acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)*
Rear
Yard
(feet)
PERMITTED USES:
V
V
V
-V
Accessory Uses, Buildings or Structures (Sec. 22)
N/A
N/A
125
25
25
Agricultural Activities
80
600
125
50
50
Farmstead Dwellings
2
200
125
25
25
CONDITIONAL USES:
V
VV
V
V
V
VV
VV
Abattoirs and meat packing and processing
10
200
125
25
25
Agricultural Auction Markets
5
200
125
25
25
Agricultural Crop Protection Warehouse
5
200
125
50
50
Agricultural Exhibition Grounds
5
200
125
25
25
AircraftLandingFields
10
300
125
50
50
Asphalt Plants and Gravel Extraction and Processing
10
200
125
50
50
Automobile Wrecking and Body Shops
10
200
125
25
25
Billboard Advertising Signs
N/A
N/A
125
25
25
Bulk Fuel Sales & Storage
2
200
125
50
50
Cemeteries
5
200
125
25
25
Concrete Plants
5
200
125
50
50
Contractors' Establishments
2
200
125
25
25
Cottage/Seasonal Dwelling
2
200
125
25
75
existing Cottage Dwellings
i.
Minimum Requirements
Table 4-2 (Continued)
Site
Site
Front
Side
Rear
Area
Width
Yard
Yard
Yard
(acres)
(feet)
(feet)
(feet)*
(feet)
Feed Mill and Seed Cleaning
5
200
125
50
50
Flax Straw Storage & Processing
20
300
125
50
50
Grain Terminals
20
300
125
25
25
Implement Repair Shops md. Welding and Assembly
5
200
125
25
25
Irrigation Dugouts orPonds
N/A
N/A
325
325
325
Lagoons or open pits for the storage or treatment of
40
800
325
325
325
liquid wastes
Light Manufacturing
5
300
125
50
50
Livestock Operations Producing up to 299
(A.U.)Animal Units (subject to additional
80
800
125
100
100
requirements of Section 32(5) to 32(8))
Mineral Exploration, Extraction & Development
N/A
N/A
N/A
N/A
N/A
Museums
1
100
125
25
25
Parks and Recreational Areas
2
100
125
25
25
Public Utilities & Communication Facilities
1
100
125
25
25
Public Works Yard
2
200
125
25
25
Solid Waste & Sewage Disposal
N/A
N/A
325
325
325
Specialized Agricultural Activities such as
Apiculture, Nurseries, Horticulture, Greenhouses and
15
200
125
50
50
Research Facilities
Stables & Riding Academies
10
200
125
25
25
Storage, Handling and/or Processing Facilities for
5
200
125
50
50
Grains, Vegetables and Pulse Crops
Veterinary Clinics, Animal Kennels & Pounds
2
100
125
25
25
*
When adjacent to a municipal road allowance or Provincial Highway, the side yard shall
be increased to 125 feet for all buildings, structures and shelterbelts.
*
The size of cottage lots/seasonal dwelling lots that existed pre- By-Law 1-2008/September 2008, are
determined at Council's discretion.
32.(2)
(c)
The following use and site requirements shall apply in the "AV" Agricultural
Valley Zone as referenced in TABLE 4-3:
TABLE 4-3
"AV" AGRICULTURAL VALLEY
USE AND SITE REQUIREMENTS
,...",
-
..-
.----.
inimum Requirements
Site
Site
Front
Side
Rear
Area
Width
Yard
Yard
Yard
(acres)
(feet)
(feet)
(feet)*
(feet)
PERMITTED USES:
Accessory Uses, Buildings or Structures (Sec. 22)
N/A
N/A
125
25
25
Agricultural Activities
80
600
125
50
50
Farmstead Dwellings
2
200
125
25
25
Livestock Operations producing up to 299 Animal
Units (subject to additional requirements of Section
80
800
125
25
25
3 2(5) to 32(8))
Wildlife Reserves
N/A
N/A
N/A
N/A
N/A
CONDITIONAL USES
Abattoirs and meat packing and processing
10
200
125
25
25
Agricultural Auction Markets
5
200
125
25
25
Agricultural Crop Protection Warehouse
5
200
125
50
50
Agricultural Exhibition Grounds
5
200
125
25
25
Aircraft Landing Fields
10
300
125
50
50
Anhydrous Ammonia Facilities
10
200
125
50
50
Asphalt Plants and Gravel Extraction and Processing
10
200
125
50
50
Automobile Wrecking and Body Shops
10
200
125
25
25
Billboard Advertising Signs
N/A
N/A
125
25
25
Bulk Fuel Sales & Storage
2
200
125
50
50
Cemeteries
5
200
125
25
25
Commercial Recreational Facilities including ski and
golf resorts, public and private camps and
15
400
1 25
25
25
campgrounds, hunting lodges and other similar uses
Cottage/Seasonal Dwelling
2
200
125
25
25
existing Cottage Dwellings
66
Table 4-3 (Continued)
Minimum Requirements
Site
Site
Front
Side
Rear
Area
Width
Yard
Yard
Yard
(acres)
(feet)
(feet)
(feet)*
(feet)
Concrete Plants
5
200
125
50
50
Contractors' Establishments
2
200
1 25
25
25
Feed Mill and Seed C1eanin
5
200
125
50
50
Flax Straw Storage & Processing
20
300
125
50
50
Grain Terminals
20
300
125
25
25
Implement Repair Shops mci. Welding and Assembly
5
200
125
25
25
Irrigation Dugouts or Ponds
N/A
N/A
325
325
325
Lagoons or open pits for the storage or treatment of
40
800
325
325
325
liquid wastes
Light Manufacturing
5
300
125
50
50
Livestock Operations Producing more than 300
(A.U.)Animal Units (subject to additional
80
800
125
100
100
requirements of Section 32(5) to 32(8))
Mineral Exploration, Extraction & Development
N/A
N/A
N/A
N/A
N/A
Museums
1
100
125
25
25
Non-farm Rural Residential Developments (subject to
2
200
125
25
25
the additional requirements of Section 32(12))
Parks and Recreation Areas
N/A
N/A
N/A
N/A
N/A
Public Utilities & Communication Facilities
1
100
125
25
25
Public Works Yard
2
200
125
25
25
Restaurants and Banquet Facilities
2
200
125
25
25
Specialized Agricultural Activities such as
Apiculture, Nurseries, Horticulture, Greenhouses and
15
200
125
50
50
Research Facilities
Stables & Riding Academies
10
200
125
25
25
Storage, Handling and/or Processing Facilities for
5
200
125
50
50
Grains, Vegetables and Pulse Crops
Veterinary Clinics, Animal Kennels & Pounds
2
100
125
25
25
*
When adjacent to a municipal road allowance or Provincial Highway, the side yard shall be increased to
125 feet for all buildings, structures and shelterbelts.
*
The size of cottage lots/seasonal dwellings that existed pre- By-Law 1-2008/September 2008, are
determined at Council's discretion.
32.(2) (d)
The following use and site requirements shall apply in the "RC" Rural Cluster
Zone as referenced in TABLE 4-4:
TABLE 4-4
NRC" RURAL CLUSTER
USE AND SITE REQUIREMENTS
Minimum Requirements
Site
Area
(Sci. Ft.)
Site
Width
(Feet)
Front
Yard
(Feet)
Side
Yard
(Feet)
Rear
Yard
(Feet)
PERMITTED USES:
Accessory Uses, Buildings & Structures (Sec. 23)
N/A
N/A
25
5
25
Arenas and Curling Rinks
10,000
75
25
5
25
Child Care Services
6000
50
25
5
25
Institutional Facilities
10,000
75
25
5
25
Single-Family & Two-Family Dwellings, Mobile
6000
50
'5
5
25
Homes & Residential Care Facilities
--
Parks & Recreation Areas
10,000
N/A
25
5
25
Public Buildings
6000
50
25
5
25
CONDITIONAL USES:
:
Agcultural Produce Processing & Storage
20,000
100
25
15
25
Automobile & Farm Machinery Repair Shop
20,000
100
25
15
25
Contractors Yards
20,000
100
25
25
25
Grain Storage
40,000
200
25
25
25
Light Manufacturing
20,000
100
25
15
25
Public Utilities & Communications Facilities
10,000
75
25
25
25
Retail Stores
6000
100
25
5
25
52
REGULATION OF LIVESTOCK PRODUCTION OPERATIONS
LIVESTOCK ANIMAL UNIT TABLE
32.(3) Any reference in this By-law to Animal Units (A.U). shall use TABLE 4-5 to determine the
number of animal units produced.
CONDITIONAL LIVESTOCK OPERATIONS
32.(4)(a)
Livestock operations shall be a conditional use in the "AG" Agricultural General
Zone and the "AV" Agricultural Valley Zone when the operation produces in
excess of 300 livestock animal units (A.U.).
32.(4)(b)
All livestock operations shall be a conditional use in the "AG" Agricultural
General Zone when the operation is within 1,600 metres (1 mile) of the Mary Jane
Reservoir.
32.(4)(c)
When considering a conditional use application for a livestock operation, Council
shall take into consideration:
i)
the type of operation and livestock;
ii)
size of the operation;
iii)
manure management system (i.e. type of facility, handling and storage, etc.);
iv)
manure disposal system (i.e. disposal site, etc.);
v)
nature of area (treed, open crop, soil types, water table, etc.);
vi)
prevailing winds;
vii)
neighbouring land uses, distances to non-compatible uses, etc.;
viii)
the land base under ownership and agreement;
ix)
the Provincial Land Use Policies for Manitoba; and
x)
the Livestock Manure and Mortalities Regulations of the Environment Act
For Reference Purposes Only
Changes to an approved conditional use for a livestock operation shall require a new conditional
use order and shall be subject to the provisions of The Act. Potential changes include but are not
limited to:
i)
a change to a different animal type;
ii)
an increase in the number of animal units (AU);
iii)
a reduction of the original parcel size; or
iv)
a change to any condition imposed by Council in the original conditional
use order
53
LIVESTOCK OPERATION SITING CRITERIA
32.(5) In the case of both permitted and conditional livestock operations:
(a)
no manure storage facility shall be located within 328' (lOOM) of any property line of
the land affected by a livestock operation;
(b)
no livestock confinement area shall be located within 328 (lOOM) of any property
line of the land affected by a livestock operation; and
(c)
no livestock confinement area shall be located within 328' (lOOM) of any water
course, body of water, or well.
N.B. Requirements of 32.(5) are Manitoba Regulations and therefore cannot be varied.
LIVESTOCK OPERATION MANURE STORAGE
32. (6) In no case, shall the manure from any livestock production in the agricultural zones be:
(a)
stored within 328' (lOOM) of a watercourse, body of water, or well;
(b)
stored within 328' (lOOM) of the property line of the operator (excepting field stored
manure).
N.B. Requirement 32. (6)(a) is a Manitoba Regulation and therefore cannot be varied.
EXCEPTIONS
32. (7) The following are not subject to the requirements for livestock operations unless, in the
opinion of the Council, they create a nuisance or pollution problem:
(a)
livestock auction markets;
(b)
agricultural fairs;
(c)
livestock sale yards, in which livestock may be kept for a period not exceeding ten
(10) days.
Compliance with the requirements of subsections 32(5), 32(6) and 32(7) above does not relieve the
operator from compliance with complementary or additional requirements which may be required
under Manitoba Regulations.
MUTUAL SEPARATION OF DWELLINGS AND LIVESTOCK OPERATIONS
32. (8) A mutual separation distance shall be maintained between livestock operations and any
single dwelling or group of dwellings in a village or residential area. The dwellings of the
operator shall be excluded from this requirement. The mutual separation distance shall be as
follows:
Minimum Separation Distances for Siting Livestock
Operations
Separation Distance in Metres
Separation Distances in Metres
(Feet) from Single Residence
(Feet) from Designated Areas
To Animal
To Animal
Size of
To Earthen
Housing
Housing
To Earthen
Livestock
Manure
Facility and
Facility and
Manure
Non-earthen
Non-earthen
Operation in
Storage
Storage
Manure
Manure
Animal Units
Facility
Facility
Storage
Storage
Facility
Facility
10 -100
200 (656)
100 (328)
800 (2,625)
530 (1,739)
101
- 200
300 (984)
150 (492)
1,200 (3,937)
800 (2,625)
201
- 300
400 (1,312)
200 (656)
1,600 (5,249)
1,070(3,511)
301
- 400
450 (1,476)
225 (738)
1,800 (5,906)
1,200 (3.937)
401
- 800
500 (1.640)
250 (820)
2,000 (6,561)
1,330 (4,364)
801
- 1,600
600 (1,968)
300 (984)
2,400 (7.874)
1,600 (5,249)
1,601
- 3,200
700 (2,297)
350 (1,148)
2,800 (9,186)
1,870 (6,135)
3,201
- 6,400
800 (2,625)
400 (1,312)
3,200 (10,499)
2,130 (6,988)
6,401
- 12,800
900 (2,953)
450 (1,476)
3,600 (11,811)
2,400 (7,874)
> 12,800
1,000 (3,281)
500 (1,640)
4,000 (13,123)
2,670 (8,760)
DONE AND PASSED this 17h day of March A.D. 2009.
Kim Taylor, Reeve
Judy Young, Chief Administrative Officer
READ A FIRST TIME this 7th day of January, 2009
READ A SECOND TIME this 7th day of January, 2009
READ A THIRD TIME this 17
th day of March, 2009
76
(c)
20 1-300 AU requires a 1500' (460M) separation
(d)
in excess of 300 AU requires a 2200' (670M) separation
This separation distance is deemed to be a required yard for the purposes of this by-law and
variances may be considered. However, if a variation to an operation is proposed all
residences within the separation distance must be notified of the variation hearing.
Conversely, all operations within a separation distance must be informed where a variation is
proposed for a residence. In the case of existing operations, which do not comply with the
separations, any change or expansion to the operation must receive the necessary variation
order.
LIVESTOCK AS ACCESSORY USE
32. (9) The keeping and raising of animals for personal use is not considered livestock under this
By-law; it is considered an accessory use and is regulated under the Use and Site
Requirements in the subject zones. However, the number of animal units allowed in a
particular area must still adhere to the criteria spelled out in the Accessory Use Table (Table
3-1). Further, if a proponent is considering raising animals for personal use and the number
of AUs exceed 10; the operation would become conditional.
NOTICE OF PUBLIC HEARING FOR LIVESTOCK OPERATIONS
32.(10)In addition to the notice provisions in The Planning Act, prior to any hearing of an
application for a conditional use approval to establish or expand a livestock operation,
Council shall give the following notice:
(a)
1-299 AU send notice by regular mail to every residence and non-resident landowner
within 1 mile (1600M); and
(b)
300+ AU and all earthen manure storage facilities send notice by regular mail to
every residence and non-resident landowner within 1.25 miles (2000M).
55
Dairy
Beef
Hogs
TABLE 4-5 ANIMAL UNIT SUMMARY TABLE
Livestock
A.U. Produced
Producing
By One Livestock
One A.U.
Sheep
Ewes, including associated livestock
0.200
5
Feeder lambs
0.063
16
Other livestock or operation type
- please inquire with your regional agricultural engineer
or livestock specialist
Milking cows, including associated livestock
Beef cows, including associated livestock
Backg rounder
Summer pasture/replacement heifers
Feeder cattle
Sows, farrow to finish
Sows, farrow to weanling
Sows, farrow to nursery
Weanlings
Growers/finishers
Boars (artificial insemination operations)
Chickens
Turkeys
Horses
Broilers
Roasters
Layers
Pullets
Broiler breeder pullets
Broiler breeder hens
Broilers
Heavy toms
Heavy hens
Mares, including associated livestock
2.000
1.250
0.500
0.625
0.769
1.250
0.313
0.250
0.033
0.143
0.200
0.0050
0.01 00
0.0083
0.0033
0.0033
0.01 00
0.010
0.020
0.010
1.333
0.5
0.8
2
1.6
1 .3
0.8
3.2
4
30
7
5
200
100
120
300
300
100
100
50
100
0.75
Source: Farm Practice Guidelines
56
WIND ENERGY GENERATING SYSTEMS
32(11) Prior to the construction of Wind Energy Generating Systems (WEGS), plans illustrating
the siting location of each wind energy generating system device and associated works,
including access driveways, must be provided to the Municipality for site approval and shall
conform with the following criteria:
(a)
WEGS shall maintain a minimum 125 foot front yard setback;
(b)
WEGS shall be located so that the horizontal distance measured at grade from the
outside of the rotor arc to any rear or side yard is at least 25 feet;
(c)
WEGS shall be located not less than twice the height of the WEGS, as measured
from the ground to the highest point of the rotors arc, from a dwelling unit not
belonging to the owners of the land upon which the WEGS is to be situated;
(d)
Where in the opinion of Council, the setbacks or separation distances referred to in
this section are not sufficient to reduce the potentially negative impact of WEGS due
to the proposed number or density of WEGS, the existing number or density of other
uses in the general vicinity, the proximity to a public road or any other reason that
Council believes is relevant, Council may increase the required setbacks and
separation distances; and
(e)
Proposals for WEGS to be located in the vicinity of a Provincial Highway shall be
circulated to Manitoba Transportation and Government Services for review and
comment and shall be subject to the requirements of the regulations affecting those
roadways.
NON-FARM RURAL RESIDENTIAL DEVELOPMENT
32(12) Any proposal to develop non-farm rural residential lots in the "AV" Agricultural Valley Zone
is considered a conditional use and shall be subject to the following requirements:
(a)
No more that 3 non-farm rural residential lots may be approved on a quarter section
and the lots must be contiguous to each other;
(b)
In addition to the minimum siting requirements set out in Table 4-3 of this by-law,
the maximum site area for a non-farm rural residential lot shall generally not exceed 5
acres and siting decisions must be accordance with the policy direction set out in
Section 2.3.5 of the Pembina-Manitou Development Plan; and
(c)
The mutual separation distance between residences and livestock operations must be
maintained in accordance with Section 32(8) of this by-law.
57
SETTLEMENT CENTRE ZONES
INTENT AND PURPOSE
33. (1) The following Settlement Centre Zones are hereby established in order to carry out the intent
and purpose as described below:
"GD" General Development Zone
-- this zone provides for residential, agricultural,
commercial and industrial development as well as complementary and accessory uses
associated with village development within the settlement centres of Darlingford and
La Riviere.
"M"
Industrial Zone
-- this zone provides for areas within the RM of Pembina that will
accommodate industrial uses in conjunction with development of the Pembina
Manitou Planning District's Industrial Development Strategy.
58
USE AND SITE REQUIREMENTS
33. (2) (a)
The following use and site requirements shall apply in the "GD" General
Development Zone as referenced in TABLE 4-6:
TABLE 4-6
"GD" GENERAL DEVELOPMENT
USE AND SITE REQUIREMENTS
Minimum_Requirements
Site
Site
Front
Side
Rear
Area
Width
Yard
Yard
Yard
(Acres)
(Feet)
(Feet)
(Feet)
(Feet)
PERMITTED USES:
Accessory Uses, Buildings & Structures (Sec. 23)
N/A
N/A
25
5
25
Child Care Services
7500
50
25
5
25
Single-Family& Two-Family Dwellings, Mobile
6000
50
25
5
25
Homes & Residential Care Facilities
Parks & Recreation Areas
N/A
N/A
25
5
25
Public Buildings
6000
50
25
5
25
CONDITIONAL USES:
Agricultural Produce Processing & Storage
20,000
100
25
15
25
Automobile & Farm Machinery Repair Shop
20,000
100
25
15
25
Contractors Yards
20,000
100
25
15
25
Grain Storage
40,000
200
25
25
25
Light Manufacturing
20,000
100
25
15
25
Multiple-Family Dwellings
10,000
75
25
5
25
Public Utilities & Communications Facilities
15,000
100
25
10
25
Retail Stores
10,000
75
25
5
25
In addition to the requirements listed in Table 4-6, the following provisions shall also apply:
(i)
maximum allowable height for all principal buildings and structures shall be 30 feet or 3
stories in the case of a multi-family residential building;
(ii)
maximum allowable height for all accessory buildings and structures shall be 1 5 feet;
(iii)
minimum dwelling unit area shall be 600 square feet or 400 square feet in the case of a
multi-family residential dwelling unit;
(iv)
maximum site coverage for buildings in this zone shall be at the discretion of Council,
however no residential building shall cover more than 50% of the site area or 60% of the
site area in the case of multi-family residential building and no accessory building or
structure shall cover more than 10% of the site area; and
(v)
when located on a corner site, the minimum required side yard on the street side of the
site shall
be
15
feet for all principal
and
accessory buildings
and
structures.
59
33. (3) (a)
The following use and site requirements shall apply in the "M" Industrial Zone as
referenced in TABLE 4-7:
TABLE 4-7
"M" INDUSTRIAL
USE AND SITE REQUIREMENTS
Minimum Requiréñients
Site
Site
Front
Side
Rear
Area
Width
Yard
Yard
Yard
(Acres)
(Feet)
(Feet)
(Feet)
(Feet)
PERMITIEDUSES:
Accessory Uses, Buildings & Structures (Sec. 23)
N/A
N/A
25
5
25
Agricultural Machinery parts and equipment,
20,000
100
30
10
25
manufacturing, repairs, sales and service
Autobody shops
6000
50
25
5
25
Automotive, bicycle and marine vehicles and parts,
10,000
75
25
5
25
manufacturing sales, repair, service and rental
Blacksmith shops
6000
50
25
5
25
Earth Moving Contractors and Ready-mix Concrete
10,000
75
25
5
25
Suppliers
Establishments for the Storage, Handling or
Processing of Agricultural Produce in Return for
10,000
75
25
5
25
Renumeration
Maintenance and Public Works Yards
10,000
75
25
5
25
Manufacturing and General Assembly of Pre-
10,000
75
25
5
25
manufactured Parts
Petroleum or Petroleum Products Bulk Stations Sales
10,000
75
25
5
25
and Service
Public Utilities
10,000
75
25
5
25
Public Works Compounds and Maintenance
5000
50
25
5
25
Buildings
Signage identification for advertising
Subject to the requirements of Section 25
Storage Facilities and Compounds (exterior) for non-
5000
50
25
5
25
hazardous materials
Storage yards for Lumber Sales
20,000
100
30
10
25
Trucking Establishments
20,000
100
30
10
25
60
Table 4-7 (Continued)
Minimum_Requirements
the requirements listed in Table 4-7, the following provisions shall also apply:
maximum allowable height for all principal buildings and structures shall be 30
feet;
maximum allowable height for all accessory buildings and structures shall be 15
feet;
maximum site coverage for buildings in this zone shall be at the discretion of
Council, however no accessory building or structure shall cover more than 10% of
the site area; and
(iv)
when located on a corner site, the minimum required side yard on the street side of
the site shall be 15 feet for all principal and accessory buildings and structures.
Site
Area
(Acres)
Site
Width
(Feet)
Front
Yard
(Feet)
Side
Yard
(Feet)
Rear
Yard
(Feet)
CONDITIONAL USES
Auto Wrecking and Used Parts Storage and Sales
20,000
100
30
10
25
Yards
Chemicals and Gas Compounding Plants, Bulk
6000
50
25
5
25
Storage and Handling Facilities
Recycling Yards
10,000
75
25
5
25
In addition to
(i)
(ii)
(iii)
61