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The Town of Neepawa
Zoning By-law
By-Law No. 3184-18
November 2018
Prepared By:
Prepared For:
Neepawa and Area Planning District
The Town of Neepawa Zoning By-law | i
THE TOWN OF NEEPAWA BYLAW NO. 3184-18
A bylaw of the Town of Neepawa to regulate the use and development of land.
WHEREAS, Section 68 of The Planning Act requires a municipality to adopt a zoning bylaw that is generally
consistent with the development plan bylaw in effect in the municipality;
AND WHEREAS, under Part 4 Division 1 of The Planning Act, the Neepawa and Area Planning District has,
by bylaw, adopted the Neepawa and Area Planning District Development Plan;
NOW THEREFORE, the Council of the Town of Neepawa in meeting duly assembled, enacts as follows:
1. Bylaw No. 2650 as amended, is repealed
2. The Zoning Bylaw No. 3184-18 attached is hereby adopted
3. The Bylaw shall be known as the Town of Neepawa Zoning By-law
4. This Bylaw shall come into force on the date of Third Reading.
DONE AND PASSED in Council duly assembled at the Town of Neepawa, Manitoba, this 20th day of
November, 2018.
-----------------------------------
Blake McCutcheon, Mayor
-----------------------------------
Colleen Synchyshyn, CAO
READ A FIRST TIME this 11th day of September, 2018.
READ A SECOND TIME this 16th day of October, 2018.
READ A THIRD TIME this 20th day of November, 2018.
The Town of Neepawa Zoning By-law | ii
List of Amendments
By-law No.
Date of Adoption
Purpose of Amendment
The Town of Neepawa Zoning By-law | iii
PART 1 ADMINISTRATION ......................................................................... 1
1.1
TITLE ............................................................................................................................................................... 1
1.2
SCOPE.............................................................................................................................................................. 1
1.3
EFFECTIVE DATE ......................................................................................................................................... 1
1.4
APPLICATION ................................................................................................................................................ 1
1.5
USE AND DEVELOPMENT OF LAND AND BUILDINGS MUST COMPLY ........................................... 1
1.6
RESTRICTIONS IN OTHER BY-LAWS OR FEDERAL AND PROVINCIAL LAWS ............................... 1
1.7
ENFORCEMENT............................................................................................................................................. 1
1.8
UNITS OF MEASUREMENT ......................................................................................................................... 1
1.9
DEVELOPMENT PERMITS ........................................................................................................................... 2
1.10
BUILDING PERMITS ..................................................................................................................................... 4
1.11
RESPONSIBILITIES ....................................................................................................................................... 4
1.12
ZONING BY-LAW AMENDMENTS ............................................................................................................. 5
1.13
SUBDIVISION................................................................................................................................................. 5
1.14
APPLICATION FOR AMENDMENTS, VARIANCES AND CONDITIONAL USES ................................. 6
1.15
CONDITIONAL USE ...................................................................................................................................... 7
1.16
VARIANCES ................................................................................................................................................... 7
1.17
DEVELOPMENT AGREEMENTS ................................................................................................................. 8
1.18
NON-CONFORMING USES ........................................................................................................................... 8
1.19
CHANGE OF OWNERSHIP ........................................................................................................................... 9
1.20
ACQUISITION OF LAND .............................................................................................................................. 9
1.21
FEES ................................................................................................................................................................. 9
PART 2 DEFINITIONS ................................................................................ 10
2.1
RULES OF CONSTRUCTION ...................................................................................................................... 10
2.2
DEFINITIONS IN THE PLANNING ACT ................................................................................................... 10
2.3
ZONING MAPS ............................................................................................................................................. 10
2.4
DEFINITIONS ............................................................................................................................................... 11
PART 3 GENERAL REGULATIONS .......................................................... 23
3.1
REGULATION OF USES.............................................................................................................................. 23
3.2
ACCESSORY BUILDINGS, STRUCTURES OR USES.............................................................................. 23
3.3
TEMPORARY BUILDINGS, STRUCTURES OR USES ............................................................................ 23
3.4
DWELLING UNITS PERMITTED ON A PARCEL .................................................................................... 24
3.5
OUTSIDE STORAGE .................................................................................................................................... 24
3.6
EXTERNAL SOLID FUEL FIRED HEATING APPLIANCES ................................................................... 25
3.7
MUNICIPAL SERVICING ............................................................................................................................ 25
3.8
BASEMENT DWELLING UNIT .................................................................................................................. 25
3.9
NOXIOUS OR OFFENSIVE USES .............................................................................................................. 25
The Town of Neepawa Zoning By-law | iv
3.10
PUBLIC ROAD ACCESS.............................................................................................................................. 25
3.11
MULTIPLE USES.......................................................................................................................................... 25
3.12
PUBLIC UTILITIES, SERVICES AND BUILDINGS ................................................................................. 25
3.13
SUBDIVISION OF ATTACHED DWELLINGS .......................................................................................... 26
3.14
AREA AND YARD REQUIREMENTS ........................................................................................................ 26
3.15
PROJECTIONS INTO REQUIRED YARDS ................................................................................................ 26
3.16
HEIGHT EXCEPTIONS ................................................................................................................................ 28
3.17
FENCES ......................................................................................................................................................... 28
3.18
CORNER VISION ALIGNMENTS ............................................................................................................... 28
3.19
PARKING AND LOADING .......................................................................................................................... 29
3.20
ACCESSORY SIGNS .................................................................................................................................... 33
3.21
HAZARD LANDS ......................................................................................................................................... 37
PART 4 ZONES .......................................................................................... 38
4.1
ESTABLISHMENT OF ZONES ................................................................................................................... 38
4.2
RESIDENTIAL ZONE REGULATIONS ...................................................................................................... 39
4.3
COMMERCIAL AND INDUSTRIAL ZONE REGULATIONS .................................................................. 42
4.4
INSTITUTIONAL, AGRICULTURAL AND OPEN SPACE REGULATIONS .......................................... 46
PART 5 USE-SPECIFIC REGULATIONS................................................... 50
5.1
SWIMMING POOLS AND HOT TUBS ....................................................................................................... 50
5.2
STANDARDS FOR SEWAGE TREATMENT SITES (LAGOON) ............................................................. 50
5.3
STANDARDS FOR WASTE DISPOSAL SITES ......................................................................................... 50
5.4
SEPARATION DISTANCES FOR ANHYDROUS AMMONIA STORAGE FACILITIES ....................... 50
5.5
SEPARATION DISTANCES FOR DANGEROUS GOODS OR AGRICHEMICAL STORAGE
FACILITIES ................................................................................................................................................................ 50
5.6
STANDARDS FOR WIND ENERGY GENERATING SYSTEMS (ON-SITE/ROOFTOP) ....................... 50
5.7
ANIMAL KEEPING ...................................................................................................................................... 51
5.8
SECONDARY SUITES ................................................................................................................................. 51
5.9
HOME BUSINESSES .................................................................................................................................... 52
5.10
BED AND BREAKFAST HOMES ............................................................................................................... 53
5.11
PLANNED UNIT DEVELOPMENTS .......................................................................................................... 53
5.12
PRIVATE COMMUNICATION FACILITIES ............................................................................................. 54
5.13
METAL SHIPPING CONTAINERS ............................................................................................................. 54
5.14
CANVAS AND TENT STRUCTURES ........................................................................................................ 54
5.15
SOLAR ENERGY SYSTEMS ....................................................................................................................... 55
5.16
ROOMING HOUSES .................................................................................................................................... 55
PART 6 ZONING MAP ............................................................................... 56
APPENDIX I - ANIMAL UNIT TABLE ........................................................ 57
The Town of Neepawa Zoning By-law | 1
PART 1 ADMINISTRATION
1.1
TITLE
This By-law shall be known as the Town of Neepawa Zoning By-law.
1.2
SCOPE
This by-law applies to all lands in the Town of Neepawa as indicated on Map 1 of Schedule A of this By-law.
1.3
EFFECTIVE DATE
This By-law shall be in full force and effect when it is given third reading by the Town of Neepawa Council.
1.4
APPLICATION
This by-law regulates:
a.
The construction, erection, alteration, enlargement or placing of buildings and structures;
b. The establishment, alteration, or enlargement of uses of land, buildings and structures; and
c.
All other forms of development not included above.
In their interpretation and application, the provisions of this By-law shall be held to the minimum
requirements to satisfy the intent and purpose as set forth herein.
1.5
USE AND DEVELOPMENT OF LAND AND BUILDINGS MUST COMPLY
Within the Town of Neepawa, no land, building or structure shall be used or occupied, and no building or
structure shall be constructed, erected, altered, enlarged, relocated, removed, demolished, or placed, except in
accordance with this by-law.
1.6
RESTRICTIONS IN OTHER BY-LAWS OR FEDERAL AND PROVINCIAL LAWS
Whenever a provision of another by-law or a law or regulation of the provincial or federal government
contains a restriction governing the same subject matter contained in this by-law, or imposes inconsistent
regulations with respect to uses, buildings, or structures, the most restrictive or highest standard shall prevail.
1.7
ENFORCEMENT
a.
The administration and 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 Act under the
responsibility of the Neepawa Area Planning District (NAPD).
b. An existing building, structure or use which was illegal under the provisions of any planning scheme or
zoning by-law in force on the effective date of this By-law and amendment 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 this By-law, said building,
structure, or use remains illegals hereunder, unless otherwise provided for herein.
1.8
UNITS OF MEASUREMENT
For convenience, this by-law contains both metric and imperial measurements. In cases where a discrepancy
occurs between the metric and imperial standards, the imperial unit shall govern.
The Town of Neepawa Zoning By-law | 2
1.9
DEVELOPMENT PERMITS
1.9.1
WHEN DEVELOPMENT PERMITS ARE REQUIRED
A development permit is required for any of the following, except as otherwise provided for in this by-law:
a.
The erection, construction, enlargement, structural alteration or placing of a building or structure,
permanent or temporary;
b. The enlargement, structural alteration, or conversion of any building or structure;
c.
The establishment of a use of a site, land or a building or structure;
d. The alteration, extension, or enlargement of a use of a site, building or structure, including changes to an
approved conditional use;
e.
The relocation, removal or demolition of any building or structure;
f.
The increase or decrease of the average grade of a yard by six (6) inches or more in height including
retaining walls;
g. Sand and Gravel Operations from which more than 10 cubic yards of quarry materials are removed
annually and is operated for any purpose except in the personal use of an owner who is a natural person; or
h. any other development as defined in The Act.
1.9.2
WHEN DEVELOPMENT PERMITS ARE NOT REQUIRED
A development permit is not required for the following, however, all items listed in this provision shall be
subject to the requirements of this By-law:
a.
Incidental alterations;
b. Agricultural cropping of land; or
c.
The erection, construction, enlargement, structural alteration or placing of the following as accessory
structures:
(i)
fences, gates, or other enclosures less than 1.83 metres (m.) (6 feet) (ft.) in height;
(ii)
signs listed in Section 3.20.4;
(iii) outdoor lighting;
(iv)
flagpoles;
(v)
sheds and buildings for the storage of domestic equipment and supplies with a floor area of less
than 9.29 square metres (sq.m.) (100 square feet) (sq. ft.);
(vi)
garden houses or children's play equipment and playhouses;
(vii) private communication facilities;
(viii) unenclosed patios at grade level, walks and terraces; and
(ix)
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 15
centimetres (6 inches) or more in height.
1.9.3
OTHER PERMITS AND LICENSES
It is the applicant/owner's responsibility to obtain all necessary permits, licenses and approvals relating to the
building and site from the property authorities, including but not limited to: electrical, plumbing, occupancy,
sewer and water, lot grade, signage, blasting, and any other approvals, licenses and permits, as may be
required to comply with applicable municipal, provincial and federal regulations.
The Town of Neepawa Zoning By-law | 3
1.9.4
PERMIT APPLICATION REQUIREMENTS
In addition to the requirements of any By-Law of the Town of Neepawa or any other provincial regulations,
all applications for a development permit:
a.
Shall be made by the owner or owners of the subject site or parcel in question, or by a person authorized in
writing by them;
b. Shall be accompanied by plans drawn to scale showing the following:
(i)
the shape and dimensions of the parcel to be used or built on;
(ii)
the location and dimensions of existing buildings and structures, if any;
(iii) the location and dimensions of any proposed building, structure, enlargement or alteration;
(iv)
the use or uses of each existing and proposed building and structure, or of the land, and the area to
be occupied by each use; and
(v)
vehicular access, utility connections, parking areas, loading areas, or signage (where applicable);
c.
Shall be accompanied by the fee prescribed by the Town of Neepawa; and
d. Shall include such other information as required by the Council or Board, including:
(i)
existing or proposed building or structural alterations;
(ii)
existing or proposed use of the building and land;
(iii) the number and location of automobile parking spaces and loading spaces;
(iv)
the number of families, dwelling units or rental units the building is designed to accommodate;
(v)
conditions existing on site;
(vi)
current copies of relevant titles, easements, or caveats;
(vii) a survey certificate prepared by a Manitoba Land Surveyor, within five (5) years of the date of the
application; and
(viii) such other matters as may be necessary to determine conformance with and provide for the
enforcement of this by-law.
1.9.5
REQUIREMENTS FOR INDUSTRIAL AND COMMERCIAL DEVELOPMENT PERMITS
Prior to the approval of a development permit, all commercial and industrial development permit applications
shall be reviewed by the Designated Officer regarding the site plan to determine approval of same with any
required modifications. The issuance of a development permit does not preclude the need for other required
Municipal or Provincial permits. The Designated Officer reserves the right to review the application with the
municipal CAO and/or Council. This review may include:
a.
Building design with respect to environmental issues;
b. Building orientation to achieve compatibility with surrounding land uses;
c.
Landscaping;
d. Access locations; and
e.
Infrastructure development.
1.9.6
DEVELOPMENT PERMIT VALIDITY
The following provisions apply to permit validity:
The Town of Neepawa Zoning By-law | 4
a.
When an application for a development permit has been approved, the development to be carried out shall
conform in all respects to the terms, provisions and specification of the permit as finally approved;
b. Unless a development permit is suspended, cancelled, or specified by the Designated Officer to remain in
effect for less than 12 months, a development permit remains in effect for 12 months from the date of issue;
and
c.
Prior to its expiry date, a development permit may be extended by the Designated Officer for an additional
period or periods of not more than 12 months, however, if one or more of the following situations has
occurred and the subject development has not commenced, the permit shall not be extended:
(i)
the development standards pertaining to the development have changed since the development
permit was issued;
(ii)
the land use considerations involved with the development permit have changed;
(iii) the development permit does not conform to any amendment to the development plan;
(iv)
the development permit does not conform to any amendment of the zoning by-law; or
(v)
any other consideration which, in the opinion of Council, makes the development permit now
inappropriate.
1.10 BUILDING PERMITS
The following provisions apply to building permits:
a.
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; and
b. No building or structure shall be moved 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 to be located.
1.11 RESPONSIBILITIES
1.11.1 THE DESIGNATED OFFICER
The Designated Officer shall have authority to:
a.
Issue development permits and exercise the powers of administration, inspection, remedy and enforcement
provided in Part 12 of the Act;
b. Refuse to issue a development permit where:
(i)
the development permit application, or any information accompanying the development permit
application, is incorrect or incomplete;
(ii)
the proposed building, structure or use does not, to the Designated Officer's knowledge, comply
with this zoning by-law, the Building By-law, the Manitoba Building Code or with any other law;
or
(iii) Revoke a development permit where the development permit was issued in error.
c.
Defer approving an application for a development permit as provided for in the Act:
(i)
which would result in a violation of this zoning by-law or any by-law of the Town of Neepawa; or
(ii)
to any person who has failed to pay any fees owing to the NAPD under the zoning by-law.
The Town of Neepawa Zoning By-law | 5
d. Make a minor variance order, without the need for a public hearing, for any proposed change that varies:
(i)
any height, distance, area, size or intensity of use requirement in the zoning by-law by no more than
fifteen (15) percent; or
(ii)
the number of parking spaces required by the zoning by-law by no more than fifteen (15) percent.
1.11.2 COUNCIL
Subject to provisions of the Act, the Council is responsible for:
a.
Enactment of this by-law;
b. Considering the adoption of proposed amendments or the repeal of this by-law;
c.
Acting as a variation board; and
d. Approving or rejecting conditional use applications, and may revoke the authorized conditional use for any
violation of any conditions imposed by it.
1.11.3 PLANNING DISTRICT BOARD
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 Neepawa and Area Planning District Development Plan
and the Act, where applicable;
c.
Processing applications to be submitted to Council for amendments, variation orders and conditional uses
and the collection of fees as provided for herein; and
d. Establishing a schedule of fees as provided for in this by-law.
1.11.4 THE OWNER
Every owner shall:
a.
Permit the Designated Officer to enter any building or premises at any reasonable time for the purpose of
administering or enforcing this by-law and shall not obstruct or interfere with the Designated Officer in the
discharge of their duties under this by-law;
b. Not erect, locate, repair, use, or occupy any building, land or structure contrary to any development permit
or the material furnished in support of an application; and
c.
After a development application has been approved and the permit issued, obtain the written approval of
the Designated Officer before doing any work at variance with the approved documents filed.
1.12 ZONING BY-LAW AMENDMENTS
Subject to the procedure required under The Act, an amendment to this by-law may be initiated by resolution
of Council, or by an application to the Designated Officer by the owner of the subject site or by another party,
acting on behalf of the owner, with written consent of the owner.
1.13 SUBDIVISION
Applications for the subdivision of a site may be made by the owner, or by another party acting on behalf of
the owner with written consent, and shall be subject to the following provisions:
a.
No parcel of land shall hereafter be divided into sites, unless each site conforms to the regulations of the
Zone in which the site is located;
The Town of Neepawa Zoning By-law | 6
b. Council may, as provided for in the Act, vary the regulations as they apply to an individual site, subject to
complying with the objectives and policies of the NAPD Development Plan;
c.
An existing undersized lot may be increased in area or frontage, or both, and still remain an existing
undersized lot if after the increase the lot still remains undersized; and
d. In addition to the requirements contained herein, all subdivisions shall conform to the provisions of the
NAPD Development Plan and the provisions of the Act where applicable.
1.14 APPLICATION FOR AMENDMENTS, VARIANCES AND CONDITIONAL USES
An application for an amendment, variance or conditional use to this by-law must be in the proper form and
must be accompanied by the fee prescribed by the NAPD. The application must also be accompanied by:
a.
Plans drawn to scale showing:
(i)
the shape and dimensions of the affected property;
(ii)
the location and dimensions of existing buildings and structures; and
(iii) the location and dimensions of the proposed building, structure enlargement or alteration.
b. For multi-unit and multi-tenant developments, identification of garbage, loading and emergency vehicle
access should be included in the plan;
c.
A description of the use or uses of each existing and proposed building or structure, or of the land and the
area to be occupied by each use;
d. A description of the reason why the variance, conditional use, or amendment to this by-law is being
requested;
e.
Any other information required by the Designated Officer to determine compliance with, and to provide for
enforcement of, this by-law;
f.
Applications specific to a conditional use or a variance shall not be approved unless the applicant can
demonstrate that the proposal:
(i)
will be compatible with the general nature of the surrounding area;
(ii)
will not be detrimental to the health or general welfare of people living or working in the
surrounding area, or negatively affect other properties or potential development in the surrounding
area;
(iii) is generally consistent with the applicable provisions of the Development Plan, this by-law and any
Secondary Plan.
g. Additional conditions may be imposed to the affected site necessary to meet the requirements of this
subsection;
h. Specific to a variance application, the applicant must also demonstrate that the proposal is the minimum
modification of the zoning by-law required to relieve the injurious effect of the zoning by-law on the
applicant's property.
i.
Council shall decide whether to reject or accept an amendment application within 60 days of receipt of the
application.
The Town of Neepawa Zoning By-law | 7
1.15 CONDITIONAL USE
1.15.1 INTENT
A conditional use is the use of a building, structure or use of land that may be unique in its characteristics or
operation, which could have an impact on abutting or adjacent properties. In accordance with the provisions of
the Act, conditional uses are listed as "Conditional" within the use tables of this By-law.
1.15.2 EXPIRY
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. Council may extend this deadline
for an additional period not longer than 12 months if an application is received before the initial deadline.
1.15.3 EXISTING CONDITIONAL USE
Where an existing use listed as permitted or conditional under a previous by-law and amendments thereto, is
listed as conditional under this By-law, it shall be considered a legally existing conditional use and be subject
to the Conditional Uses Section of this by-law and provisions of the Act.
1.15.4 MODIFICATION TO AN EXISTING CONDITIONAL USE
Any modification of a conditional use, including the modification of any condition imposed on the approval of
a conditional use, shall be subject to the same process required to approve a new conditional use.
1.16 VARIANCES
1.16.1 INTENT
Where a person is of the opinion that this Zoning By-law injuriously or adversely affects him/her, his/her
property or his/her rights, he/she may apply for an order to vary the application of the Zoning By-law with
respect to the following:
a.
The site and other requirements contained in the Use and Site Requirements and Bulk Regulations Sections
herein;
b. Requirements for parking and signs;
c.
Requirements for projections into yards; or
d. Other matters specified in the Act.
A variance order must not be made if it makes a change of land use other than a temporary change of land use
for a period of not more than five (5) years, or a change of land use to a use that is substantially similar to a
use permitted under the zoning by-law.
1.16.2 EXPIRY
A variance order will expire and cease to have any effect if it is not acted upon within twelve (12) months of
the date of the decision.
1.16.3 EXISTING VARIANCE ORDERS
Where a building, structure or use established by a variance order under the previous Zoning By-law and
amendments thereto, and exists as a permitted order at the date of the adoption of this By-law or amendments
thereto, it shall be considered as legally conforming.
1.16.4 MINOR VARIANCES
The Designated Officer may approve, in accordance with the Act, minor variances by no more than what is
defined in the Act, governing height, distance, area, size or intensity of use requirement and/or the number of
parking spaces required by this Zoning By-law.
The Town of Neepawa Zoning By-law | 8
1.17 DEVELOPMENT AGREEMENTS
Where an application is made under this By-law, or as otherwise permitted in the Act, the Council may require
the owner of the affected land, building or structure to enter into a development agreement, as a condition to
its enactment in respect of the affected property or any contiguous land owned or leased by the owner.
1.17.1 CAVEATS
A development agreement pursuant to this section 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. A caveat
registered pursuant to this section shall be discharged by the municipality when the requirements and
conditions of the development agreement have been met.
1.18 NON-CONFORMING USES
Non-conformity means a building, structure, site, parcel of land or use of land which lawfully existed prior to
the effective date of this by-law or amendments thereto, but does not conform to the provisions contained
within this By-law or amendments thereto.
A non-conforming use shall be regulated in accordance with and subject to the provisions of the Act, unless
otherwise provided for herein. Any fees made to the Designated Officer for the issuance of a certificate of
non-conformity in accordance with the Act, or the acceptable form of application shall be determined by the
NAPD.
1.18.1 DISCONTINUANCE OF NON-CONFORMING USE
A non-conforming use of land, or the intensity of the use of land may be continued but if the non-conforming
use, or non-conforming intensity of use, has been discontinued for a period of twelve (12) consecutive months
or more, any future use of the land shall conform to the provisions of this Zoning By-law. Council may
authorize a variance to extend this timeline by no more than 12 additional months.
1.18.2 CHANGES TO A NON-CONFORMING BUILDING, STRUCTURE, USES OR PARCEL
The Designated Officer may permit construction in respect of an existing non-conforming building or
structure provided the construction does not increase the non-conformity and the building or structure
otherwise conforms to the zoning by-law, other by-laws and any approved variance orders.
The Designated Officer may permit the use of an existing non-conforming parcel of land for any permitted use
under the zoning by-law and, if all other requirements of the by-law such as yards, building height, and floor
area are met, construct or alter a building on the land.
Council may permit the following changes to existing non-conforming buildings, structures, uses or parcels of
land by variance, subject to the provisions of the Act:
a.
Maintenance or reconstruction, structural alteration or addition to a building or structure beyond that
described in 89(1) of the Act;
b. An increase in the intensity of an existing non-conforming use; and
c.
Erection or location of permitted accessory buildings, structures and uses in accordance with the Use
Tables of this zoning by-law.
Where any of the above changes do not result in the elimination of the non-conformity, the subject building,
structure, use or parcel of land shall retain its non-conforming status.
1.18.3 REPAIR OR REBUILD
If a non-conforming building or structure is damaged or destroyed to the extent of more than 50% of the
assessed market value (as shown on the current assessment roll of the Municipality) of the building or
structure, the building or structure shall not be repaired or rebuilt except in conformity with the Zoning By-
The Town of Neepawa Zoning By-law | 9
law, unless a variance order has been obtained authorizing the repair or rebuilding of the non-conforming
building or structure.
1.19 CHANGE OF OWNERSHIP
The use of land or use of a building or structure is not affected by reason only of a change of ownership,
tenancy or occupancy of the land, building or structure.
1.20 ACQUISITION OF LAND
A site area or site width or required yard reduced below the minimum requirements of this By-law by virtue of
the acquisition of land for a public works, street or public utility shall be deemed to conform to the
requirements of this By-law.
1.21 FEES
Fees for amendments to this zoning by-law, variance orders, conditional use orders, development permits,
appeals and zoning memorandums shall be established by the Neepawa and Area Planning District by by-law
or resolution.
The Town of Neepawa Zoning By-law | 10
PART 2 DEFINITIONS
2.1
RULES OF CONSTRUCTION
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 Town of Neepawa, 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 Town of Neepawa 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", maintained 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.
(iv)
the word "includes" shall not limit a term to the specific examples, but is intended to extend the
meaning to all instances or circumstances of like kind or character.
2.2
DEFINITIONS IN THE PLANNING ACT
Terms not defined in this by-law which are defined in The Planning Act (the Act) have the meaning
provided in that act.
2.3
ZONING MAPS
2.3.1
MAP
The location and boundaries of the zones listed in Section 3.1 are shown upon a series of Zoning Maps
attached hereto, marked as Schedule "A" within this By-law. Said Zoning Maps form a part of this By-law.
All notations, references, and other information shown therein, together with any amendments made by
amending By-laws from time to time and shown therein, together with amendments to boundaries in the
case of any street, lane, or public utility right-of-way closing, shall be as much a part of this By-law as if
the matters and information set for by said Zoning Maps were fully described herein.
2.3.2
BOUNDARY DETERMINATION
Should uncertainty or dispute arise relative to the precise location of the boundary of any zoning district, as
depicted on the Zoning Maps, the location shall be determined by the following:
a.
Where a zoning district boundary is shown as approximately following the centreline of streets,
highways, lanes, pipelines, railway lines, utility easements, rights-of-ways, streams, rivers, or other
public thoroughfares, it shall be deemed to follow the centreline thereof.
b. Where a street is closed, the land formerly comprising the street or lane shall be included within the
zone of the adjoining land provided that if the said street or lane was a zone boundary, between two or
The Town of Neepawa Zoning By-law | 11
more different zones, the new boundary shall follow the centreline of that closed street or lane.
c.
Notwithstanding that streets, lanes and public utility rights-of-way may be within zone boundaries, the
regulations contained in this By-law shall not be deemed to be applicable to said streets, lanes and
public rights-of-way.
d. Where a zoning district boundary is shown as approximately following the boundary of a site, the site
boundary shall be deemed to be the boundary of the zoning district for that portion of the zoning
district boundary which approximates the site boundary.
e.
Where a zoning district boundary is shown approximately following municipal limits, it shall be
deemed to be following municipal limits.
f.
Where a zoning district is shown as approximately following a topographic contour line or a top-of-
bank line, it shall be deemed to follow the said line. In the event of a change in the said line, it shall be
deemed as moving with that line.
g. Where a zoning district boundary is shown as being parallel to or as an extension of features noted
above, it shall be so construed.
h. Where features on the ground do not correspond with those shown on the Zoning Map or in other
circumstances not mentioned above, the Designated Officer shall interpret the zoning district
boundaries.
i.
Where a zoning district boundary is not located in conformity with a. or b., and in effect divides or
splits a registered parcel of land into more than one zoning district:
(i)
the disposition of the said boundaries shall be determined by dimensions indicated on the Zoning
Maps or by measurements directly scaled from the Zoning Maps; and
(ii)
each such portion of the said parcel of land shall be used in accordance with the applicable
zoning district regulations of this by-law as if it were a separate site.
2.4
DEFINITIONS
Where the following terms appear in this by-law, they have the meaning provided as follows:
"Abut" means immediately contiguous to or physically touching, and when used with respect to a site,
means that site physically touches upon another site or piece of land, and shares a lot line or boundary line
with it.
"Accessory" means a use, building or structure that is natural and normally incidental, subordinate in
purpose or area, or both, and exclusively devoted to the principal use of the site, building, or structure to
which it is accessory. A use shown as a conditional use in the Use Table cannot be accessory to a use
shown as a permitted use for the same zone
"Act, the" means The Planning Act, C.C.S.M. c. P80 and amendments thereto.
"Agricultural Fairground" means a use where farm produce, equipment, vehicles and/or livestock may
be displayed for judging or displayed periodically for sale, where livestock, or other farm-related shows
may be held, or sports events may be held occasionally, and which may include crop and demonstration
farm plots and conservation and education demonstrations, and occasionally a midway or a place of
amusement.
"Agricultural Implement Sales, Service and Repair" means a use that includes the sale, service and
repair of goods associated with the agricultural sector. This includes farm equipment, machinery and
similar goods.
"Agricultural Processing Plants and Facilities" means a facility where agricultural products - meats,
grains, legumes, poultry, swine, honey, etc. - is collected, sported, washed, cleaned, or otherwise processed
into finished or semi-finished products.
"Agricultural Products, Storage and Distribution" means the storage or distribution of agricultural
products to wholesale outlets, retailers or for additional processing.
"Agricultural Uses, Specialized" means the use of land for apiculture, floriculture, horticulture, including
market gardening, orchards, tree farming, and similar agricultural activities on a commercial basis.
The Town of Neepawa Zoning By-law | 12
"Agricultural Uses" means the use of land for agricultural purposes such as cultivation and pasturage, and
including related activities such as soil preparation, manure or fertilizer spreading, planting, spraying,
irrigating, harvesting and the storage and selling of crops, but not including livestock operations.
"Agro-Related Business and Manufacturing" means a commercial or industrial establishment providing
goods or services to the agricultural sector. Typical uses include farm equipment and machinery repair
shops, bulk fuel stations, feed and fertilizer supply operations, grain terminals and similar uses.
"Airport" means any area of land which is used or intended for use for the landing or take 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.
"Alteration, Structural" means any change, which prolongs the life of the supporting members of a
building or structure, which includes, but is not limited to, bearing walls, columns, beams or girders.
Changes or replacements in the structural parts of a building including, but not limited to, the following:
a.
An addition on the exterior of a building such as an open porch;
b. Alteration of interior partitions in all types of buildings; or
c.
Replacements of, or changes in, the capacity of utility pipes, ducts or conduits.
"Alterations, Incidental" means changes or replacements in the non-structural parts of a building or
structure including, but not limited to, the following:
a.
Adding or enlarging windows or doors in exterior walls;
b. Replacement of building facades; or
c.
Strengthening the load bearing capacity in not more than ten percent (10%) of the total floor area to
permit the accommodation of a specialized unit of machinery or equipment.
"Anhydrous Ammonia Storage Facility" means an area for the storage of anhydrous ammonia that is
commonly used as a fertilizer.
"Animal Hospitals and Veterinary Clinics" means a use that involves the care and treatment of animals,
either for limited durations or extended periods of care.
"Animal Keeping" means a use where less than 10 Animal Units (cumulative across species) of livestock
(excluding pets) are sheltered, bred, raised, or sold. This use includes stables.
"Animal Pounds and Kennels" means a use that involves the care, temporary lodging and/or breeding of
domestic animals that does not include hospitalization. This use does not include the care, temporary
lodging and/or breeding of livestock animals (see definition for livestock).
"Animal Unit" means the number of animals of a particular category of livestock that will excrete 73 kg of
total nitrogen in a 12 month period.
"Arts Centres, Galleries and Libraries" means a development for the collection of literary, artistic,
musical and similar reference materials in the form of books, recordings and films for public use. This
includes public libraries, art galleries, exhibitions, museums and similar uses.
"Basement" means the portion of a building or structure which is wholly or partially below grade, having
above grade no more than 6 ft. of its clean height which lies below the finished level of the floor directly
above or being a minimum depth of 4ft.
"Bed and Breakfast" means a principal dwelling where sleeping accommodation with or without light
meals is provided to members of the travelling public for remuneration.
"Board" means the District Board of Neepawa and Area Planning District as established under the Act.
The Town of Neepawa Zoning By-law | 13
"Building Materials Sales and Storage" means the use of the premises for the storage, sale and service of
building materials including furnishings, plumbing, outdoor uses and similar.
"Bulk" means the following:
a.
The size (including height or building and floor area) of buildings of structures;
a.
The size of the zoning site (including the area, width and depth of site) upon which a building is located,
and the number of dwelling units or rooms within such building in relation to the size of the zoning site;
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; and
c.
All open areas relating to buildings or structures and their relationships thereto.
"Camping and Tenting Grounds" means an area or tract of land on which accommodations for
temporary occupancy are located or may be placed, including tents and recreation vehicle equipment.
"Carport" means a roofed enclosure used for the storage or parking of motor vehicles with no greater than
60% of the total perimeter enclosed by walls, doors or windows.
"Car/Truck Wash" means a facility for the cleaning of automobiles or other motor vehicles, whether
operated by the public or by on-site employees, whether or not in conjunction with other goods or services
provided to customers.
"Cemetery" means land used or dedicated to the internment of human or animal remains, including
columbariums, mausoleums, mortuaries and associated maintenance facilities when operated in conjunction
with, and within the boundaries of such cemetery.
"Child Care Facility" means a principal use where the provision of child care, in a provincially licensed
facility, occurs. This does not include accessory child care uses.
"Child Care (Home-based)" means the use of a portion of a dwelling unit for the provision of child care
services provided by a resident of the dwelling, up to a maximum of 8 children. The operation meets all
applicable provincial legislation and regulations.
"Community Centres or Community Clubs" means a development for recreational, social or multiple
purpose use without fixed seats and primarily intended for local community purposes.
"Concrete, Cement and Asphalt Batching Plants" means the production and manufacture of concrete,
cement or asphalt from raw materials.
"Contractor's Establishments" means a building or part of a building or land area for the construction or
storage of materials, equipment, tools, products and vehicles.
"Council" means the Council of the Town of Neepawa.
"Courthouse" means a building housing judicial courts and administrative services.
"Dangerous Goods or Agrichemical Storage Facility" means the use of land or premises for the storage,
sale or distribution of synthetic or petroleum based fluids, chemicals, fertilizers, and other potentially
hazardous or noxious materials, primarily on a wholesale basis. This use does not include Anhydrous
Ammonia Storage Facilities.
"Derelict Vehicle" means a vehicle other than a new and unused vehicle that is not in operating condition,
is kept in the open, has been abandoned or is kept primarily for salvaging or selling parts therefrom of for
sale as scrap metal.
"Designated Officer" means the person appointed by the Board in accordance with the provisions of the
Act to carry out the power and responsibility to administer, interpret and enforce the provision of this By-
Law and the Act.
The Town of Neepawa Zoning By-law | 14
"Development Permit" means a permit issued under this zoning by-law, authorizing development, and
may include a building permit.
"Development Plan" means the Neepawa and Area Planning District Development Plan and all
amendments thereto.
"Drinking Establishments" means an establishment or portion of an establishment licensed by the
Government of Manitoba under The Liquor and Lotteries Act, where the principal purpose is the sale of
alcoholic beverages to the public, for consumption on the premises.
"Drive-in or Drive-thru Establishments" means any use designed or operated to allow patrons, while
outside on the premises in motor vehicles, to order, request, exchange, donate, or receive goods, wares,
merchandise, products, foods, beverages, or services.
"Driveway" means a direct motor vehicle access from a parking space to a street.
"Dwelling" means any building or structure, or portion thereof, designed for and intended to be used for
residential occupancy.
"Dwelling Unit" means a building or portion thereof designed as a single housekeeping unit and intended to
be used as for residential occupancy that contains cooking, sleeping and sanitary facilities.
"Dwelling, Low Density Multiple Unit" means a building containing three or more dwellings, typically
one story, horizontal arrangements and may include row houses, tri-plexes, and similar.
"Dwelling, Mobile Home" means a portable structure that is capable of being transported on its own
chassis and running gear by towing or other means and is designed to be used as a dwelling unit.
"Dwelling, Moderate Density Multiple Unit" means a building containing three or more dwellings which
are typically two or more storeys in height and may include apartment buildings or condominium
buildings and similar.
"Dwelling, Modular Home" means a portable dwelling unit similar to but distinct from a mobile home, in
that it may be folded, collapsed, telescoped when in tow, designed and constructed in accordance with the
CSA-A-277 standard, whose chassis is not designed to accommodate wheels.
"Dwelling, Single Unit" means a building or structure containing only one dwelling that is separate from
any other dwelling or building. A single unit dwelling does not include a mobile home.
"Dwelling, Two Unit" means a single building or structure containing two separate dwelling units,
separate from any other dwelling or building. This includes duplexes and side-by-side dwellings.
"Enlargement" means an addition to the floor area of an existing building or structure, or an increase in
that portion of a parcel of land occupied by an existing use.
From left to right: mobile/modular home, single unit dwelling, two unit dwelling,
low density multiple unit dwelling, moderate density multiple unit dwelling.
The Town of Neepawa Zoning By-law | 15
"Exhibition Grounds" means a use of land, or building, or structure where the temporary exhibition of
music, art, goods, wares, vehicles, and the like are displayed and made available for sale and shall include a
midway and a place of amusement.
"Extension" means an increase in the amount of existing floor area used for an existing use, within an
existing building.
"Farm Buildings or Structures" means any buildings or structures existing or erected on land used
principally for agricultural activities, but not including dwellings.
"Financial Institutions" means a use related to financial services including banks, credit unions, trust
companies, insurance agencies, investment services and similar.
"Fuel Sales" means an establishment operated at a fixed location at which gasoline or any other motor
vehicle engine fuel is offered for sale to the public.
"Garage" means a building or portion thereof used for the storage or parking of motor vehicles with
greater than 60% of the total perimeter enclosed by walls, doors or windows.
"General Manufacturing" means the assembly, fabrication, processing and/or packaging of goods and
materials within an enclosed building, or outdoors that may generate higher levels of nuisance and may
include outside storage. This use may include operations that produce excessive noise, vibration, odour or
any other means of nuisance.
"Golf Courses and Driving Ranges" means a tract of land laid out for playing the game of golf or for the
purposes of a driving range, either accessory to or principal in nature. This term does not include miniature
golf courses.
"Grade" means the average level of finished ground adjoining a building or structure at all exterior walls
(as determined by the Designated Officer).
"Height" means, when used in reference to a building or structure, the vertical distance between the
horizontal plane through grade and a horizontal plane through:
a.
The highest point of the roof in the case of a building with a flat roof or a roof having a slope of less
than 20 degrees; or
b. The average level between eaves and ridges in the case of a pitched, gambrel, mansard or hipped roof,
or a roof having a slope of 20 degrees or more, provided that in such cases the ridge line of the roof shall
not extend more than 1.524 m. (5 ft.) above the building height.
"Horticultural and Garden Supply Establishments" means an establishment used for the outdoor
storage and display or sale of plants, trees and other materials. This use includes greenhouses or garden
centres.
"Hospital" means an institution that maintains and operates facilities for inpatient care with overnight
stays, including, but not limited to, x-ray, laboratories, and surgery rooms for the diagnosis, care, and
treatment of human illness, injury, an disease (either physical or mental). Out-patient care may also be
provided.
"Hotel" means a use where accommodation is provided for transient lodgers, in an individual room or
apartment, with or without cooking facilities. Accessory uses may include, but are not limited to,
restaurants, licensed drinking establishments, banquet halls, meeting rooms and similar.
"Institutional Care Facility" means a premise which is intended for the training, treatment, rehabilitation,
housing, care, and/or supervision of persons requiring medical assistance. Uses include nursing homes,
personal care homes, retirement homes, assisted living centres, and similar.
"Junk Yards" means an open are where waste or scrap materials are bought, sold, exchanged, stored,
baled, packed, disassembled or handled.
The Town of Neepawa Zoning By-law | 16
"Landscaping" means any combination of trees, shrubs, flowers, grass, or other horticultural elements,
decorative stonework, paving, screening, or other architectural elements, all of which are designed to
enhance the visual amenity of a site or to provide a screen between sites in order to mitigate objectionable
features between them.
"Lane" means, for the purpose of this Zoning By-law, a public right-of-way which affords only a
secondary means of vehicular access to abutting property.
"Light Industrial" means the manufacture or processing, modifying, blending or fabricating or previously
processed or manufactures materials into a complete product. This use does not include operations that
produce excessive noise, vibration, odour or any other means of nuisance, and does not include hazardous,
combustible, or explosive materials.
"Livestock Auction Marts" means an enclosure or structure designed or used for holding livestock for
purposes of sale and transfer by auction, consignment, or other means.
"Loading Space" means an off-street space on the same zoning site with a building, or contiguous to a
group of buildings for the temporary parking of a commercial vehicle while loading or unloading
merchandise or materials, and which has access to a street or lane.
"Lodges or Private Clubs" means a hall or meeting place of a local branch for the members of an
association, organization or society.
"Medical Clinic" means a building or part thereof, other than a hospital, used by medical professionals and
their staff for the purpose of public or private medical, surgical, physiotherapeutic or human health, but
does not include overnight accommodation or operating rooms.
"Metal Shipping Container" means a prefabricated metal structure designed for use as an individual
shipping container. Shipping containers may also be known as cargo containers, intermodal containers and
sea cans. For the purpose of this by-law, a shipping container may or may not have wheels, and does not
include a motor vehicle
"Mobile/Modular Home Park" means an area of and upon which mobile/modular home spaces are
provided and have been approved by the Council.
"Motel" means a use, not over two storeys in height, where 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. Accessory uses including, but are not limited to, restaurants, licenced drinking
establishments, banquet halls and meeting rooms.
"Music Conservatory" means an educational facility used for the study of music or the arts.
"Offices" means a building or portion thereof, used for the practice of a profession, business or public
administration that may include administrative and clerical functions. A service to clients may also be
provided, such as insurance brokerages or travel agencies.
"Outside Storage" means the storage of merchandise, goods, inventory, materials or equipment or other
items that are not intended for immediate sale, by locating them outside.
"Owner" means an owner as defined in the Act.
"Parking and Loading Areas" means an area where vehicles may be stored for purposes of temporary,
daily, or overnight off-street parking as a principal use.
"Parking Area" means an open area of land other than a street or lane, or an area within a structure used
for the parking of vehicles.
"Parking Space" means a space on a parking area, public parking area or zoning site for the temporary
parking or storage of a vehicle.
The Town of Neepawa Zoning By-law | 17
"Parks, Picnic Areas, Playgrounds and Recreational Trails" means a development of public land
specifically designed or reserved for the general public for active or passive recreational use and including
landscaping, facilities, playing fields, buildings, and other structures that are consistent with the general
purposes of public parkland, whether or not such recreational facilities are publicly operated or operated by
other organizations pursuant to arrangements with the public authority owning the park.
"Party Wall" means a wall forming part of a building and used for separation of adjoining buildings
occupied, constructed or adapted to be occupied by different persons or businesses.
"Places of Worship" means a building, structure or part thereof that is used as a place of public worship.
This includes churches, mosques, synagogues, temples and similar.
"Planned Unit Development" means a land development project planned as an entity in accordance with a
unitary site plan which permits flexibility in siting or building, mixture of building/structure types and/or
land uses, together with useable open spaces.
"Principal Building" means a structure on a site used to accommodate the principal use.
"Principal Use" means the primary or predominant activity on any lot or within any building or structure.
"Private Communication Facility" means outdoor equipment and structures for the purposes of
transmitting or receiving television, radio, microwave, radar, laser, or similar communication signals.
These facilities may include antennae, aerials, receiving dishes, transmission masts or towers.
"Protective and Emergency Service" means a development which is required for the public protection of
personal and property from injury, harm, or damage, together with the incidental storage of equipment and
vehicles. This includes fire stations, police stations, ambulance services and training facilities.
"Public Road" means a road allowance or other legally surveyed road vested in the name of Her Majesty
the Queen in Right of Manitoba, and maintained by Manitoba Infrastructure or the Rural Municipality, as the
case may be.
"Public Utilities and Buildings" means any system, works, plant, pipeline, equipment or services and
facilities intended to provide public utility service to the general public.
"Recreation Facilities (Indoor and Outdoor)" means a development providing facilities for public sports,
active recreation and other recreational spaces where patrons are predominantly participants. This use shall
include animal sanctuaries and interpretive areas.
"Recycling Depot" means an enclosed building including associated outdoor storage areas where waste or
scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but
not limited to, metals, paper, rags, rubber tires and bottles.
"Rendering Plants and Abattoirs" means a use involving the slaughtering and processing of animals.
"Rental Storage Establishments" means a facility that supplies storage for rent to the public, such as self-
storage units and mini-warehouses.
"Repair" means the renewal or reconstruction of any part of an existing structure for the purpose of its
maintenance or restoration.
"Residential Care Facility" means the use of any building or structure or part thereof, however named,
which is advertised, announced or maintained for the express or implied purpose of providing lodging,
meals, care and supervision or transitional services to persons not related to the operator but does not
include an institutional care facility.
"Restaurants and Lounges" means a use primarily involved in the preparation and sale of food to be sold
to the general public for consumption on or off the premises.
The Town of Neepawa Zoning By-law | 18
"Retail Establishments" means a use that involves the same or rental of new or used products directly to
the general public. Also includes incidental personal services, but does not include an auction
establishments or wholesale establishments.
"Riding Academies or Stables" means a use associated with farming/ranching that involves the training
of horses and riders and may including riding stables.
"Rooming House" means a converted single unit dwelling intended for three (3) or more tenants
occupying separate bedrooms, but where other areas are shared amongst the tenants. Bedrooms may be
locked from the outside and typically each occupant has their own rental agreement with the landlord. A
rooming house must meet the requirements of the National Building Code and Manitoba amendments.
"Schools" means an accredited school under the sponsorship of a public, private or religious agency
providing instruction to students at all levels.
"Secondary Suite, Attached" means a self-contained accessory dwelling unit within, or attached to a
single-unit dwelling. A secondary suite has its own separate cooking, sleeping, and bath/toilet facilities and
has direct access to the outside without passing through any part of the single-unit dwelling unit. This use
does not include two-unit dwellings, multi-unit dwellings, rooming houses, or group homes.
"Secondary Suite, Detached" means a self-contained accessory dwelling unit separate from but on the
same lot as a single-unit dwelling. A detached secondary suite has its own separate cooking, sleeping, and
bath/toilet facilities. This use does not include two-unit dwellings, multi-unit dwellings, rooming houses, or
group homes. Typical types of detached secondary suites include garden suites and carriage houses (above
a garage).
"Sign" means any text or image which 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.
"Sign Form" means the physical shape or construction of a sign and includes the following:
a.
"Attached" means a sign that is attached to the exterior of a building. These signs may include fascia,
awning, banner, marquee, blade, volumetric, canopy, projecting, banner, or other attached forms.
b. "Free-standing" means a sign that is supported by a permanent, independent structure and is not
attached to a building. This may include pylon, pedestal, monument, and other free-standing forms.
c.
"Temporary Sign" means a sign which is mounted on a wheeled trailer, vehicle, stand, or similar
support structure and designed to be readily moved.
"Sign Type" means the purpose or reason the sign is being erected, constructed, or used and includes:
a.
Advertising" means a sign directing attention to a business, commodity, service, or entertainment
conducted, sold or offered elsewhere than upon the same site where the sign is maintained, including a
billboard sign.
b. "Directional" means a sign that indicates vehicular access to or egress from a parking or loading area;
c.
"Event/Occasional" means a temporary sign used to identify or draw attention to a temporary event.
d. "Identification" means a sign that identifies a building or use by name, logo, or street address.
"Sign Surface Area" means the area of a sign covered by a single rectangle drawn around the extremities
of the message contained on the sign and, in the case of a multi-face sign, comprises half of the total of all
sign faces.
"Site" means a whole lot or block in a registered plan of subdivision, or the aggregate of all contiguous
land described in a certificate of title or in more than on certificate of title provided they are in the same
ownership.
"Site Corner" means a site that abuts the intersection of two or more public streets or that abuts the
approximately perpendicular intersection of two or more frontages of the same public street.
The Town of Neepawa Zoning By-law | 19
"Site, Interior" means a site with frontage on only one public street.
"Site, Reverse Corner" means a corner site, the flanking street site line of which is substantially a
continuation of the front site line of the first site to its rear.
"Site, Through" means a site that abuts two or more public streets but does not abut the intersection of
those streets. A through site shall be deemed to have two front site lines.
"Site Area" means the computed amount of gross land area contained within the site lines.
"Site Depth" means the depth of the site from the street, measured as the horizontal distance between the
centre points in the front and rear site lines, generally equal to the horizontal length of the site depth line.
"Site Frontage" means all that portion of a site fronting on a street and measured between side site lines.
"Site Line" means one of the boundaries of a site, which include:
a.
"Front" means that boundary of a site along an existing or designated street. For a corner site, it is the
continuation of the front site line of the abutting interior site. Where an irregular shaped site cannot have
its site lines defined by this definition, the front site line shall be determined by the Designated Officer.
b. "Rear" means that boundary of a site which is most nearly parallel to the front site line and in the case
of a site in which the side site lines intersect, such as a triangular site, a line ten (10) ft. in length within
the site, parallel to and at the maximum distance from the front site line.
c.
"Side" means that boundary of a site which is not a front or rear site line.
"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) ft. from the front site line,
whichever is the lesser.
Street
Street
Street
Street
Corner Site
Corner Site
Through Site
Interior Site
Reverse Corner
Site
Interior
Site
Reverse
Corner
Site
The Town of Neepawa Zoning By-law | 20
"Solar Energy System, Commercial" means a solar energy system designed and built to provide
electricity for commercial sale and distribution to the electrical grid. This use includes solar energy farms
and generating stations.
"Solar Energy System, On-Site" means a solar energy system intended to primarily serve the electrical
needs of the on-site user or consumer (either behind the meter or off-grid) rather than to produce power for
resale. This use includes rooftop collectors and backyard systems.
"Storage, outdoor" means the storage of merchandise, goods, inventory, materials or equipment or other
items that are not intended for immediate sale and do not constitute outdoor display, by locating them
outside.
"Storey" means that portion of any building which is stated between the top of any floor and the top of the
floor next above it; and if there is no floor above it, that portion between the top of such floor and the
ceiling above it, but does not include any portion of a building below a storey having its floor level not
more than six (6) ft. above grade and is located immediately above the basement where applicable.
"Street" means a public thoroughfare or highway, but does not include a lane.
"Transportation Terminals and Facilities" means a use that involves the transfer, temporary storage, and
distribution of cargo where trucks and trains load and unload on a routine and ongoing basis. This also
includes incidental office and warehouse uses.
"Vehicle related Business including Sales, Service, Showrooms and Repair" means any establishment
involved in the display, sale, rental, lease, repair and/or routine maintenance as well as associated retail
sales, of motor vehicles or motor vehicle parts.
"Vehicle Wrecking and Storage" means a site upon which 2 more vehicles of any kind, which are
incapable of being operated have been placed for the purpose of obtaining parts for recycling or resale.
"Warehouses and Storage Establishments" means a permanent facility for the storage of products,
supplies, and equipment within an enclosed building.
"Waste Disposal Ground" means a parcel of land that is used for the disposal of solid or industrial waste.
This includes landfills, dumps, and septic disposal sites.
"Wastewater Treatment Facility" means a system used to collect, store, treat, distribute and dispose of
wastewater and includes the facilities and services associated with the management of wastewater.
"Water Treatment Facility" means a system used to pump, store, treat and distribute drinking water, and
includes the facilities and services used in the provision of drinking water.
Side Site Line
Lane
Rear Site Line
Front Site Line
Street
Side Site Line
Site width is measured at the
midway point between the front
and rear site lines, or forty (40)
feet from the front site line,
whichever is the lesser.
The Town of Neepawa Zoning By-law | 21
"Wholesale Establishments" means a facility where goods are distributed or sold to industrial,
commercial or institutional retailers, or to other wholesalers, for resale or redistribution, but where goods
are not sold to the public.
"Wind Energy Generating System (On-Site/Rooftop)" - is a wind energy generating system intended to
primarily serve the electrical needs of the on-site user or consumer (either behind the meter or off-grid) and
not used to produce power for resale.
a.
"Total Turbine Height" means the height from finished grade to the highest vertical point of the swept
rotor arc, in the case of a wind turbine with a horizontal axis rotor.
"Yard" means the portion of a site that in unoccupied from any portion of a building or structure and
unobstructed from the ground to the sky unless otherwise permitted in this By-law. Yards are measured
using the horizontal distance between any site line and the closest wall of a building or structure along a
line perpendicular to the site line.
"Yard, Front" means the portion of the lot abutting the front site line extending across the full width of the
site, situated between the front site line and the nearest wall of the principal building, not including any
projections.
"Yard, Rear" means the portion of the site abutting the rear site line extending across the full width of the
site, situated between the rear site line and the nearest wall of the principal building, not including any
projections.
"Yard, Side" means the portion of a lot abutting a side site line extending from the front yard to the rear
yard. The side yard is situated between the side site line and the nearest wall of the principal building, not
including any projections.
"Yard, Interior Side" means a Side Yard which is adjacent to another zoning site, or to a lane separating
the side yard from another zoning site. In the case of a Planned Unit Development, an interior side yard is
the space between the walls of adjacent buildings or structures.
"Yard, Corner Side" means a Side Yard that abuts a public street or road way, as seen on a Corner Lot or
Reverse Corner Lot.
"Yard, required" means the minimum distance that the development, or a specific portion of a
development, must be setback from a site line and where no building or any part of a building may be
located, except as provided for in this By-law. Required yards are measured from a front, rear, or side site
line towards the interior of the site.
Side Site Line
Lane
Rear Site Line
Side Site Line
Front Site Line
Street
Building
Side Yard
Side Yard
Rear Yard
Front Yard
The Town of Neepawa Zoning By-law | 22
Building
Street
Required Rear Yard
Required Front Yard
Required Side Yard
Required Side Yard
The Town of Neepawa Zoning By-law | 23
PART 3 GENERAL REGULATIONS
3.1
REGULATION OF USES
No site, land, building or structure shall be used or occupied except for a use which:
a.
Is listed in the Use Tables as:
(i)
A permitted principal use and its accessory uses; or
(ii)
A conditional principal use and its accessory uses; or
b. Is an approved Temporary Use.
3.2
ACCESSORY BUILDINGS, STRUCTURES OR USES
a.
No accessory building or structure shall be erected on any zoning site:
(i)
Prior to the time of construction of the principal building to which it is accessory; or
(ii)
Prior to the establishment of the principal use of the land where no principal building or structure
is required;
b. Where an accessory building or structure is structurally attached to a principal building, it shall be
subject to, and must conform to all regulations of this By-law applicable to the principal building;
c.
Where an accessory building or structure is detached from the principal building or structure, it shall be
subject to, and shall conform to, all regulations of this By-law applicable to accessory buildings or
structures;
d. No detached accessory buildings or structures may be located in front of the principal building or
structure in the Residential Zones;
e.
Accessory buildings may be located in any required yard of the principal building or use, except a
required front yard or as provided elsewhere herein;
f.
Accessory buildings and structures shall be finished with durable, weather resistant material (such as,
but not limited to, paint, siding, etc.) to the satisfaction of the Designated Officer; and
g. Unless otherwise stated, the total maximum area of a zoning site that can be used for accessory
buildings or structures shall be 12% of the total site, or 83.61 sq. m. (900 sq. ft.) in total area, whichever
is smaller.
3.3
TEMPORARY BUILDINGS, STRUCTURES OR USES
The following provisions shall apply to all temporary uses in all zones:
a.
A construction camp or other such temporary work camps, tool shed, travel trailer, or other buildings,
structures or uses, including the storage of building materials and supplies, incidental to work in
progress shall be permitted provided that these buildings, structures or uses remain necessary for work
in progress which has not been finished or abandoned. Uses established under this provision shall be
removed within one (1) month of completion of the construction or development on the site;
The Town of Neepawa Zoning By-law | 24
b. A development permit for the above noted temporary building, structure or use, excluding the temporary
storage of building materials and supplies, shall be required and subject to such terms and conditions as
may be required by Council or the Designated Officer. Council reserves the right to cancel any
Development Permit if the temporary building, structure or use is not required any longer or is found to
be detrimental to public health and/or welfare;
c.
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 or re-issued for more than one additional
successive period at the same location;
d. In all cases, temporary buildings and structures shall not exceed 92.9 sq. m. (1,000 sq. ft.) in total area
and one storey or 4.57 m. (15 ft.) in height, and:
(i)
May be used as an office space for the contractor or developer;
(ii)
Shall not be used for human habitation, except as temporary accommodation for a caretaker or
watchman; and
(iii) Shall not be detrimental to the public health, safety, convenience and general welfare.
e.
A temporary living quarter or camp in the "MH" Industrial Heavy Zone is subject to the owner
providing:
(i)
A temporary potable water supply and sewage collection and storage system satisfactory to
Council and approved, where required, by the Province;
(ii)
A general location map and a site plan showing the location of approved dwelling structures,
roads, storage, parking and open areas, all to be approved by Council;
(iii) Adequate parking space, street lighting and signage;
(iv)
Manitoba Sustainable Development approval with respect to site location and surrounding land
uses such as industrial buildings, sewage lagoons and open or closed waste disposal grounds,
etc., where applicable;
(v)
Temporary dwellings units and food service buildings for temporary living quarter camps shall
not exceed 148.54 sq. m. (1600 sq. ft.) and one storey or 4.57 m. (15 ft.) in height, and no
basements; and
(vi)
With respect to a temporary living quarters camp, each development permit shall be valid for a
period of not more than fifteen (15) months and may not be renewed or re-issued for more than
two (2) additional successive period at the same location.
3.4
DWELLING UNITS PERMITTED ON A PARCEL
No person may be issued a development permit to construct more than one dwelling unit on a parcel of
land, unless otherwise permitted in this By-law.
3.5
OUTSIDE STORAGE
a.
All outside storage shall be kept in a tidy and orderly fashion and not produce a noxious, offensive or
unsafe condition;
b. Outside storage shall not be permitted in any required yard that abuts a street or lane;
c.
Outside storage shall not include derelict vehicles or trailers. This does not include the proper
temporary storage of vehicles and trailers still in a functioning condition and used periodically. In
The Town of Neepawa Zoning By-law | 25
Residential Zones, the parking of campers, trailers, motor homes, etc. shall be contained within the
approved off-street parking areas;
d. All outside storage shall be screened by opaque fencing at least 1.8 m. (6 ft.) in height;
e.
Where permitted, outside storage of goods and materials shall not project above the height of a
required fence; and
f.
Outside storage of goods and materials in the Industrial, Commercial and Agricultural Zones may be
permitted, provided that:
(i)
The storage is located to the rear of the line adjacent to and parallel with the front wall of the
building;
(ii)
The outside storage shall not be greater than 75% of the total site area; and
(iii) The outside storage shall not be permitted in front of the principal building, or in the case of a
corner site, not in the side yard facing the street.
3.6
EXTERNAL SOLID FUEL FIRED HEATING APPLIANCES
No solid fuel fired heating appliances, designed to be external to the building they heat, shall be allowed as
accessory buildings in any zone.
3.7
MUNICIPAL SERVICING
All principal buildings on a site serviced by public sewer, water or hydro distribution shall be connected to
such services.
3.8
BASEMENT DWELLING UNIT
Any basement dwelling unit shall comply with the provisions of this by-law, any other by-law of the Town
of Neepawa, The Building and Mobile Homes Act, and any other Act having jurisdiction.
3.9
NOXIOUS OR OFFENSIVE USES
Nothing in this by-law or in a development permit, approval of a conditional use, variance order or other
approval issued under this by-law shall be construed as authorization for the carrying out of any activity
which is a nuisance due to noise, odour, emission, vibration or other cause, except where otherwise
provided for in this By-law.
3.10 PUBLIC ROAD ACCESS
a.
All uses of land, buildings and structures must have legal access to an improved, all-weather public
street.
b. All sites shall have frontage on a street, but not a lane.
c.
Notwithstanding subsection 3.10 a. and b., where it is deemed reasonable and appropriate, Council may
permit a use to be established or a building to be constructed upon a site having its required frontage on
a private road or lane provided that it intersects with a street.
3.11 MULTIPLE USES
Where any land or building is used for more than one purpose, all provisions of relating to each use shall be
satisfied. Where there is a conflict such as in the case of a site area and frontage, the higher or more
stringent requirements shall prevail.
3.12 PUBLIC UTILITIES, SERVICES AND BUILDINGS
Nothing in this By-law shall be so interpreted as to interfere with the construction, maintenance and
operation of the facilities of any Public Utility Service, Building or Protective and Emergency Service, as
The Town of Neepawa Zoning By-law | 26
defined in this By-law. The requirements of such public works or public services shall be of a standard
compatible with the adjacent area and any building or structures erected in any zone complies with the yard
and area requirements applicable to the zone.
3.13 SUBDIVISION OF ATTACHED DWELLINGS
A site containing more than one attached dwelling unit, including duplexes and row housing, may be split
to provide individual sites to one or more of the attached dwelling units, provided that:
a.
Any new site line shall be a straight line between the front and rear site lines, located in such a way that
the party wall of two adjacent units shall form part of the new site line. Where a site line is unable to be
straight due to the irregular shape of the site, the location of new site line shall be determined by the
conditions of any subdivision approval and verified by the Development Officer;
b. Each site created shall have frontage on a street, except in the case of a bareland condominium
development as outlined in The Condominium Act where the common site elements containing roads
shall be deemed to be a street for the purposes of this provision;
c.
Each created site may only accommodate 1 dwelling unit;
d. Each site created must provide at least one (1) parking space with access to the required parking space
directly from a public lane or street;
e.
No side yard is required along a party wall; and
f.
Notwithstanding the minimum bulk requirements found in Table 4-2, each new site must provide a
minimum site area of 2,400 sq. ft. and a minimum site width of 20 ft.
3.14 AREA AND YARD REQUIREMENTS
Except as herein provided, the following special provisions shall apply in all Zones to ensure adequate site
and required yard requirements:
a.
Where yard requirements cannot be determined due to peculiar lot configuration, topography or
architectural or site arrangement, the Designated Officer has the authority to make the determination;
b. The owner of a site shall maintain the minimum site area, site width, site depth and yards and other open
spaces required herein for any use;
c.
No yard requirement of a zoning site may be applied so as to satisfy the yard requirements of another
zoning site;
d. Yards provided for a building or structure existing on the effective date of this By-law or amendments
thereto, shall not be reduced, if already less than the minimum requirements of this By-law, unless
varied;
e.
All yards and other open spaces required for any use shall be located on the same zoning site as the use;
and
f.
Yards shall not be required on a site which is used for horticultural purposes or for public recreational
purposes.
3.15 PROJECTIONS INTO REQUIRED YARDS
The following elements may project into or exist within a required yard as provided for in Table 3.1 below.
Unless otherwise stated, all standards refer to the size or extent of a feature from a building or structure into
a required yard.
The Town of Neepawa Zoning By-law | 27
Table 3.1 - Projections into Required Yards
"P" = permitted
"NP" = not permitted
"n/a" = not applicable
Projection
Standards
Front Yard
Side Yard
Rear Yard
Height
Architectural Elements
Open Terraces, Steps and Stairs
P
P
no closer than 2 ft.
from side site line
P
Maximum 4 ft.
Building features including Chimneys,
Bay Windows, Alcoves or Vestibules
not exceeding fifty (50) sq. ft. in area.
P
Maximum 5 ft.
P
Maximum 2 ft.
(d) (e)
P
Maximum 5 ft.
n/a
Eaves, Gutters, Canopies and Awnings
P
Maximum 5 ft.
P
Maximum 2 ft.,
but no closer than
1 ft. from side site
line
P
Maximum 5 ft.
n/a
Decks
P
Maximum 5 ft.
P
No Closer than 2
ft. from side site
line
P
No closer than 5
ft. from rear site
line
n/a
Landscaping and Site Elements
Trees, Shrubs and similar
P
P
P
n/a
Trellises, flagpoles, lighting fixtures,
lampposts and similar
P
P
P
n/a
Uncovered walks and driveways
P
P
P
n/a
Fences, walls, retaining walls, screening
and hedges
P
Not over 3 ft.
above the average
level of the
adjoining ground
P
Not over 6 ft.
above the average
level of the
adjoining ground
P
(a)
Open parking or loading spaces
P
P
P
(b)
Recreational/Play Equipment
P
P
P
n/a
Private Communication Facilities (c)
NP
NP
P
No closer than 3
ft. to the side or
rear site lines
No more than 3 ft.
above the
maximum
principal building
height
NOTES
a.
The provisions of Section 3.17 - Fences shall apply.
b. The provisions of Section 3.19 - Parking and Loading shall apply.
c.
For private communication facilities on the roof of commercial, institutional, or industrial buildings, or
residential buildings three stories or more in height, the base of the instrument shall not be higher than
.61 m (2 ft.) above the nearest point of the roof and the dish shall not be closer than 1 foot from the edge
of the building.
d. Building features are only permitted to project into a required side yard of at least 4 ft..
e.
Where permitted, building features permitted to project into a required side yard shall be no larger than
six (6) sq. ft. in area.
The Town of Neepawa Zoning By-law | 28
3.16 HEIGHT EXCEPTIONS
In determining whether a development conforms to the maximum height permissible in any zone, the
following elements shall not be considered for the purpose of height determination and, therefore, may
penetrate the maximum height limit:
a.
Chimneys and flues;
b. Steeples or domes;
c.
Elevator and stair bulkheads;
d. Water tanks;
e.
Flagpoles, aerials and spires; or
f.
Parapet walls not more than four (4) ft. above the roof line.
3.17 FENCES
Fences, hedges, and similar structural or landscaping features are permitted as accessory structures in all
zones. All fences and similar structures shall be constructed in accordance with the following provisions:
a.
Fences constructed in any front, side or rear yard shall be limited to 6 ft. in height unless otherwise
noted herein;
b. Fences constructed in front of the front wall of a principal building shall be limited to 3 ft. in height;
c.
Fences shall not be constructed out of debris, junk or waste materials;
d. Trees, shrubs and similar vegetation placed to form a fence or screen shall meet the provisions of this
section; and
e.
Notwithstanding any other provision found within this By-law, security fencing (including electric,
barbed wire, razor wire or other deterrents) shall be prohibited in the Residential, Institutional and
Commercial Central Zones.
3.18 CORNER VISION ALIGNMENTS
Notwithstanding anything else contained in this By-law, at the intersection of two or more streets, no fence,
wall, structure, hedge, shrubs, or other landscape features shall be erected or placed in such a manner as to
produce a fence effect or obstruction greater than 0.76 m. (2.5 ft.) within a triangular shaped area bounded
by two (2) site lines, each of which is adjacent to a street, with a straight line connecting the two (2) site
lines at points no closer than 3.05 m (10 ft.) from the intersection of the site lines.
The Town of Neepawa Zoning By-law | 29
3.19 PARKING AND LOADING
3.19.1 GENERAL PARKING REGULATIONS
a.
All accessory off-street parking spaces shall be located on the same zoning site as the use served,
unless permitted by variation order to locate elsewhere than on the same zoning site with the building,
structure or use served;
b. Lighting provided for parking areas shall be shielded and directed away from adjoining residential
areas and generally confined to the site;
c.
All accessory off-street parking areas shall be provided with bumper guards, wheel stops, masonry
walls or ornamental fences to prevent vehicles from encroaching onto adjacent property;
d. The surface of an accessory off-street parking area, and the access driveways thereto shall be surfaced
and designed in such a manner that there will be no free flow of water onto either adjacent properties
or a public sidewalk;
e.
Accessory off-street parking areas provided for a use shall be used exclusively for the parking of
employees, occupants, patrons or visitors of such use, unless otherwise permitted herein, and shall not
be used for motor vehicle repair work or similar such uses;
f.
When any building, structure or use in existence one the effective date of this By-law is subsequently
damaged or destroyed, and is reconstructed or re-established, the accessory off-street parking spaces
maintained at the time of such damage or destruction shall be restored or continued in operation;
g. When a building is enlarged or a use is extended or changed, the accessory off-street parking spaces
shall be provided for the enlargement, extension or new use in accordance with the regulations of this
section;
h. Accessory off-street parking spaces in existence on the effective date of this By-law or amendments
thereto shall not be further reduced below the parking requirements for a similar new building or use
under the provisions of this Section;
i.
Off-street parking areas in any Residential Zone shall be subject to the following additional
requirements:
(i)
All required off-street parking spaces shall be accommodated within off-street parking areas
(approved surface areas);
(ii)
Access driveways shall be surfaced in the RS and RT zones with either compacted granular
materials, asphalt, concrete or paving bricks. Access driveways in the RM-1 and RM-2 zones
shall be surfaced with either asphalt, concrete or paving bricks;
(iii) Off-street parking areas shall only be allowed in the required front yard in cases where the side
yard is not sufficiently wide enough for a driveway or where no access to the rear of the site by
means of a lane or street is possible;
(iv)
Where approved, front yard off-street parking areas shall have a minimum width of 2.74 m. (9
ft.) and a maximum width of 9.144 m. (30 ft.) but the width shall not exceed 50% of the frontage
of the site that it serves.
3.19.2 PARKING SPACE DIMENSIONS
a.
Parking space dimensions may vary depending on the angle measured perpendicular to the axis of the
access aisle of the space provided. The dimensions of parking spaces shall be in accordance with Table
3.2 - Parking Dimensions.
b. Where an aisle serves two (2) different types of angled parking, which are located across from each
other, the largest required access aisle shall be provided.
c.
Where access to a parking space is directly from a street or lane, the width of the adjacent street or lane
may be computed as part of the required aisle width.
The Town of Neepawa Zoning By-law | 30
Table 3.2 - Parking Space Dimensions
Angle of Parking
Width
Length
Aisle
Parallel
9 ft.
20 ft.
15 ft.
90 degrees
9 ft.
20 ft.
20 ft.
60 degrees
8.5 ft.
18 ft.
18 ft.
45 degrees
8.5 ft.
18 ft.
15 ft.
3.19.3 GENERAL LOADING REGULATIONS
a.
The accessory off-street loading spaces provided for a use shall be solely for the loading and unloading
of vehicles and shall not be used to satisfy any accessory off-street parking space requirements or
portion thereof.
b. Accessory off-street loading spaces shall not be permitted in a required front yard, side yard or any
special side yard along a zone boundary, unless otherwise provided for herein.
c.
For all uses in the commercial zones, the number of accessory loading spaces shall be one (1) loading
space for every 464.51 sq. m. (5,000 sq. ft.) of area for each use on a site.
d. Loading spaces in the commercial and industrial zones shall be 10.67 m by 3.66 m (35 ft. by 12 ft.) in
size.
3.19.4 PARKING AND LOADING SPACES REQUIRED
No person shall erect, enlarge, or change the use of a site without providing and maintaining a minimum
number of parking and/or loading spaces in accordance with the table below.
Parallel, 90 degree, 60 degree, 45 degree parking.
The Town of Neepawa Zoning By-law | 31
Table 3.3 - Required Off-Street Parking and Loading Spaces
Use
Minimum Number of Parking
Spaces
Minimum Number of
Loading Spaces
Residential Uses
Dwelling, Single Unit
One (1) space per dwelling unit
N/A
Dwelling, Two-Unit
One (1) space per dwelling unit
Dwelling, Low Density Multiple Unit
One (1) space per dwelling unit (a)
Dwelling, Moderate Density Multiple Unit
One and one-half (1.5) spaces per dwelling
unit (a) (b)
Dwelling, Mobile and Modular Home
One (1) space per dwelling unit (c)
Secondary Suite (attached or detatched)
One (1) space per dwelling unit
Rooming House
One (1) space for every sleeping unit
Residential Care Unit
One (1) space for every three (3) sleeping units
and one (1) space per employee on shift
Other Residential Uses
As determined by Council
Commercial Uses
Restaurants and Drinking Establishments
One (1) space per 400 sq. ft. of gross floor area
Minimum six (6) spaces
One (1) per 5,000 sq. ft. of gross
floor area
General Commercial or Retail
One (1) space per 500 sq. ft. of gross floor area
Minimum two (2) spaces
Arts and Cultural Centres
One (1) space per 500 sq. ft. of gross floor area
Minimum two (2) spaces
One (1) per 10,000 sq. ft. of gross
floor area
Community Centres and Halls
One (1) space per 100 sq. ft. of gross floor area
used for assembly
Medical Clinics
Four (4) spaces for every doctor on shift or
four (4) for every examination room,
whichever is greater.
One (1) per 20,000 sq. ft. of gross
floor area
Community Resource Centres
One (1) space per 500 sq. ft. of gross floor area
Offices
Protective Emergency Services
Hotels, Motels
One (1) space per room
N/A
All other Commercial uses
Minimum two (2) spaces
One (1) per 5,000 sq. ft. of gross
floor area
Industrial and Agricultural Uses
General Industrial Uses
One (1) space per 1,000 sq. ft. of gross floor
area
One (1) space for uses up to and
including 5,000 sq. ft. of gross
floor area
Two (2) spaces for uses 5,001 sq.
ft. up to and including 15,000 sq.
ft. of gross floor area
Three (3) spaces for uses 15,001
sq. ft. up to and including 40,000
sq. ft. of gross floor area
One additional space for each
25,000 sq. ft. of gross floor area
or portion thereof exceeding
40,000 sq. ft.
The Town of Neepawa Zoning By-law | 32
Agri-business Use
One (1) space per 1,000 sq. ft. of gross floor
area
One (1) space per 20,000 sq. ft. of
gross floor area
Institutional Uses
Outdoor Recreation Uses
One (1) space per five (5) seats or ten (10) ft.
of linear bench space in assembly area.
Where there are no fixed seats, one (2) space
per 100 sq. ft. of area
Minimum ten (10) spaces
N/A
Indoor Recreation Uses
One (1) space for each five (5) persons
permitted under the occupant load limit
Minimum ten (1) spaces
One (1) per 20,000 sq. ft. of gross
floor area
School (Elementary and Junior)
One (1) space for every two (2) academic staff
and one (1) space for every four (4) employees
One (1) per 10,000 sq. ft. of gross
floor area
School (Highschool)
One (1) space for every two (2) academic staff,
one (1) space for every four (4) employees, and
one (1) for every six (6) students
Institutional Care Facilities
One (1) space per ten (10) sleeping units and
one (1) space per three (3) employees on shift
Places of Worship and Funeral Homes
One (1) space for each five (5) persons
permitted under the occupant load limit
Minimum ten (10) spaces
TABLE NOTES
a.
For multiple unit dwellings with shared parking facilities, 1.5 parking spaces per dwelling unit shall be
required and 20% of the required parking spaces shall be unassigned guest parking readily available to
an entrance of the building to be served.
b. When the computation of the number of accessory off-street parking spaces required by this By-law
results in a fractional amount, the required spaces shall be rounded up to the nearest whole number.
c.
In the case of a mobile/modular home park, each mobile/modular home space shall require 1.0 parking
space. A side yard of 2 ft. is required for all mobile/modular home space or site parking areas, except
where a mobile/modular home parking space is adjacent to a parking space on a neighbouring
mobile/modular home, the minimum side yard for that parking space may be reduced to 0 ft.
3.19.5 ACCESSIBLE PARKING SPACE DIMENSIONS
Each accessible parking space must be in accordance with the following:
a.
A minimum of nine (9) feet in width and twenty (20) feet in length, plus a five (5) foot wide adjacent
access aisle. Two accessible parking spaces may be served by one access aisle;
b. An accessible route must be provided from the accessible parking to an accessible entrance that is at
least three (3) feet wide including curb ramps, sidewalks. Accessible ramps must not be located adjacent
to the access aisle, nor in the parking stall;
c.
Each accessible parking space must be accompanied by signage reserving the space for use by persons
with disabilities;
d. An accessible parking space must be located within 200 feet of a major building entrance; and
The Town of Neepawa Zoning By-law | 33
e.
At least one curb ramp must be located within 100 horizontal feet of any entrance that is not a main
service entrance.
3.19.6 ACCESSIBLE PARKING SPACES REQUIRED
Except for single-unit dwellings, two-unit dwellings, mobile/modular homes, secondary suites and home-
based businesses, all uses must provide accessible parking spaces in accordance with the table below, based
on the total required parking spaces in Table 3.3.
Table 3.4 - Required Off-Street Accessible Parking Spaces
Total Required Parking Spaces
(as per Table 3.3)
Minimum Number of Accessible Parking Spaces
1 to 25
1
26 to 50
2
51 to 75
4
75 to 100
6
101 to 150
8
151+
5% of total (minimum 10)
3.20 ACCESSORY SIGNS
Signs are regulated in this by-law in order to achieve compatibility among adjacent properties and with the
public realm, including through measures intended to sufficiently provide for building and business
identification. Signs are organized in this By-law by the various type and form they may take.
The following regulations are applicable to development throughout the Town of Neepawa, regardless of
the specific zone within which a site is located.
3.20.1 GENERAL SIGN REGULATIONS
The following provision shall apply to all accessory signs in all Zones except wherein otherwise provided
for in this By-law:
a.
All signs are subject to the issuance of a development permit unless otherwise stated in this Section;
b. No accessory sign shall exceed 25% of the area of the front façade of the principal building to which it
is accessory;
c.
No sign or sign structure shall be erected, operated, used, or maintained which:
d. May be located in such a manner as to materially impede the view of any street or highway intersection
Accessible parking
spaces.
The Town of Neepawa Zoning By-law | 34
or railroad crossing;
e.
May interfere with, obstruct the view of, or be confused with an authorized traffic sign, signal or
device; and
f.
Displays lights or rotating beams that resemble an emergency light;
g. Moves in whole or in part in a swinging motion;
h. If a sign is located within 38.1 m (125 ft.) of PTH 5 or PTH 16, a permit from Manitoba Infrastructure
is required. Notwithstanding the foregoing, the Town of Neepawa is responsible for structure setbacks
adjacent to that portion of PTH 16 west of the east junction of PTH 5 (outside the 304.8 m. (1,000 ft.)
control circle centred at the PTH 16/PTH 5E intersection) to the western municipal boundary as well as
for structure setbacks adjacent to the Neepawa Provincial Access Road;
i.
Is located on, over or above any land or public right-of-way or sidewalk, owned by the municipality
except where approved by Council.
j.
Any freestanding sign shall be no closer than .91 m (3 ft.) from a site line, or in the case of a corner
site, no closer than 3.05 m (10 ft.) from any street side of the site;
3.20.2 SIGNS NOT SUBJECT TO THIS BY-LAW
The following signs are not subject to the regulations of this By-law, however, this shall not relieve the
owner or responsible party from erecting and maintaining the signs in a safe condition:
a.
Signs required to be maintained by law or governmental order, rule or regulation;
b. Memorial signs or tablets of non-combustible material when built into or attached to the walls of a
building or other structure;
c.
Signs of a duly constituted governmental body, including traffic or regulating devices, legal notices,
railway crossings, danger and other emergency signs;
d. Signs required for direction and convenience of the public not exceeding .56 sq. m. (6 sq. ft.) in area
including signs which identify rest rooms, parking areas, entrance and exit signs;
e.
One temporary real estate sign for the sale of property only, not to exceed a maximum of 2.79 sq. m.
(30 sq. ft.) in area, and where said sign is freestanding, no higher than 1.83 m (6 ft.) above grade;
f.
Election signs pursuant to federal and provincial regulations; and
g. One, non-illuminated temporary construction/development sign not to exceed a maximum of 4.65 sq.
m. (50 sq. ft.) in area, and when said sign is freestanding, no higher than 6.1 m. (20 ft.) above grade.
3.20.3 SIGNS NOT REQUIRING A DEVELOPMENT PERMIT
The following signs are permitted and may be installed without the issuance of a development permit but
must adhere to all other applicable zoning regulations found herein:
a.
One building identification sign, for the purposes of civic addressing, not exceeding 1.5 sq. ft. in area;
b. One residential neighbourhood identification sign, provided approval for the design, location,
maintenance and erection are granted by Council;
c.
One building identification sign not exceeding 50 sq. ft. in area for institutional uses;
d. One identification or business sign, attached or freestanding, one square foot of sign surface area for
each linear foot of site width but not exceeding 100 sq. ft. for any permitted or conditional use in the
industrial zones.
e.
Temporary construction signs not exceeding 32 sq. ft. in area; and
f.
Any sign that cannot be seen from off the premises.
3.20.4 SIGN MAINTENANCE
The following provisions apply to sign maintenance within the Town of Neepawa:
a.
Signs and sign structures shall be maintained and kept in good state of repair;
b. All abandoned signs must be demolished or removed from the property to which they are associated;
c.
Where a business service or activity ceases to operate, business identification signage must be removed
or relocated within 30 days; and
d. Where the Designated Officer deems a sign structure to be abandoned or in disrepair, or its content to
be obsolete, an order may be sent by registered mail to the owner or responsible party, ordering its
repair, removal or update within 30 days of the date of notice. Failure to comply with such order may
The Town of Neepawa Zoning By-law | 35
result in the removal of the sign by the Municipality at the expense of the owner or the responsible
party.
3.20.5 PROHIBITED SIGNS
The following signs are shall be prohibited in all Zones:
a.
animated signs;
b. roof signs;
c.
inflated display signs; and
d. painted signs on fences or roofs.
3.20.6 SIGN TYPES AND FORMS
The following table outlines the different sign types and sign forms that are associated with one another in
this By-law:
Table 3.5 - Permitted Sign Types and Forms
Sign Type
Sign Form
Example
Advertising
Freestanding
Billboards
Temporary
Mobile, Vehicle or Trailer Mounted
Identification - Building or
Use
Attached
Fascia, Awning, Band, Marquee, Projecting
Freestanding
Pedestal, Pole
Directional
Attached
Fascia, Awning, Band, Marquee, Projecting
Freestanding
Pedestal, Pole
Event/Occasional
Temporary
Banners, Flags, Staked, Sandwich Board
3.20.7 ZONE SPECIFIC SIGNS STANDARDS
All accessory signs, where permitted or conditional, must comply with the standards shown in Table 3.6
Zone Specific Sign Standards, and the associated yard setbacks where applicable. For the purposes of this
By-law, signs are grouped according to their type and form. For a description of the different signs types
and sign forms, see Part 2.
Table 3.6 - Zone Specific Sign Standards
ZONES
SIGN TYPES
PERMITTED
SIGN
FORMS
PERMITTED
MAXIMUM
MINIMUM
SURFACE AREA
HEIGHT
SETBACK
FROM
SITE
LINES
RSU
RS
RT
RMH
RR2
Identification -
Building or Use
Attached or
Freestanding
5 sq. ft.
Below top floor
ceiling
5 ft.
Directional
Attached or
Freestanding
12 sq. ft.
6 ft.
RM1
Identification -
Building or Use
Attached or
Freestanding
50 sq. ft.
If attached, below
the top floor
ceiling.
The Town of Neepawa Zoning By-law | 36
RM2
I
If freestanding, 35
ft.
Directional
Attached or
Freestanding
12 sq. ft.
6 ft.
CC
CH
Advertising
Freestanding
200 sq. ft.
25 ft.
10 ft.
Temporary
50 sq. ft.
10 ft.
3 ft.
Identification -
Building or Use
Attached
25% of the front façade of
the principal building, for
single occupancy, to a
maximum of 200 sq. ft.;
Combined maximum of 600
sq. ft. for multiple
occupancy.
Below top floor
ceiling
Freestanding
250 sq. ft. for first 100 ft. of
street frontage and each 100
ft. thereafter.
35 ft.
Directional
Attached or
Freestanding
1 sign per entrance or exit,
12 sq. ft. per sign;
2 signs per combined
entrance/exit, 12 sq. ft. per
sign
Below top floor
ceiling
Event/Occasional
Attached or
Freestanding
50 sq. ft.
35 ft.
ML
MH
Advertising
Freestanding
200 sq. ft.
25 ft.
10 ft.
Temporary
50 sq. ft.
10 ft.
3 ft.
Identification -
Building or Use
Attached
1 square foot per linear foot
of site width, not exceeding
100 sq. ft. in area.
Below top floor
ceiling
Freestanding
35 ft.
Directional
Attached or
Freestanding
1 sign per entrance or exit,
12 sq. ft. per sign;
2 signs per combined
entrance/exit, 12 sq. ft. per
sign
Below top floor
ceiling
AR
AR-R
AR-I
AR-C
AR-O
O
Advertising (a)
Freestanding
200 sq. ft.
25 ft.
10 ft.
Temporary
50 sq. ft.
10 ft.
3 ft.
Identification -
Building or Use
Attached or
Freestanding
50 sq. ft.
35 ft.
Directional
Attached or
Freestanding
12 sq. ft.
35 ft.
3.20.8 ADDITIONAL STANDARDS FOR MOBILE SIGN TYPES
All mobile signs shall be developed in accordance with the following provisions:
a.
Mobile signs are only permitted in Commercial, Industrial and Institutional Zones;
b. A mobile sign shall comply with the yard regulations of the zone within which it is located;
c.
No mobile sign shall be located within 10 ft. from the nearest part of any exit or entrance driveway or
within a required off-street parking space;
d. A mobile sign shall only be established on a temporary basis by the Designated Officer. Each
The Town of Neepawa Zoning By-law | 37
Development Permit issued for a mobile sign shall be valid for the period specified by the Designated
Officer, up to 6 months in duration. Renewal of the term will be at the discretion of the Designated
Officer.
e.
Where a lot borders a single public street, only one (1) mobile sign shall be permitted;
f.
Where a lot borders more than a single public street, one (1) mobile sign shall be permitted for each
frontage; and
g. No mobile sign may be established within 50 ft. of another mobile sign.
3.20.9 ADDITIONAL STANDARDS FOR SIGNS USING DIGITAL SCREENS
Digital copy signs and digital reader boards must:
a.
Obtain conditional use approval;
b. Have 6 second minimum hold times and 0.25 second maximum transition times;
c.
Only display static images before instantaneously transitioning to another static image and not exhibit
moving, flashing or animated content;
d. Not exceed 3.2 lux above ambient light condition brightness levels;
e.
Use automatic dimming technology; and
f.
Comply with the latest edition of Transportation Association of Canada's "Digital and Projected
Advertising Displays: Regulatory and Road Safety Assessment Guidelines".
3.21 HAZARD LANDS
In accordance with the regulations of the Neepawa and Area Planning District Development Plan,
development on hazard lands must meet the following provisions:
a.
Development in areas identified as flood risk areas on the Town of Neepawa Elevation Map in
Appendix II shall be restricted to open space and agricultural uses, and all development applications
shall be issued at the discretion of the Designated Officer; and
b. Development in areas identified as flood fringe areas on the Town of Neepawa Elevation Map
Appendix II may be permitted, provided that any discernable hazards can be eliminated or the use is a
of a type that is compatible with future flood events.
The Town of Neepawa Zoning By-law | 38
PART 4 ZONES
4.1
ESTABLISHMENT OF ZONES
In order to carry out the intent and purpose set forth in this by-law, and that of the Neepawa and Area
Planning District Development Plan, the zone names and abbreviations in this section are hereby
established. The descriptions of zones contained in this section are intended to assist in selecting the
appropriate zone for different types of land, and to assist in identifying the intended character of each
district. Whenever there is a conflict between any zone description and a substantive requirement in other
sections of this By-law, the substantive requirements shall apply.
4.1.1
RESIDENTIAL ZONES
a.
The Residential Unserviced Zone (RSU) provides for the development of low density single unit
dwellings on sites not serviced by municipal sewer and/or water.
b. The Residential Single Unit Zone (RS) provides for the development of single unit residential
dwellings.
c.
The Residential Two Unit Zone (RT) provides for the development of two-unit residential dwellings
including duplexes and side-by-sides.
d. The Residential Multi-Unit 1 Zone (RM1) provides for the development of low density multi-unit
dwellings such as triplexes, multiplexes, and row housing.\
e.
The Residential Multi-Unit 2 Zone (RM2) provides for the development of moderate density multi-
unit dwellings such as apartment buildings.
f.
The Residential Mobile/Modular Home Zone (RMH) provides for the development of
mobile/modular homes within a mobile/modular home park for sale or lease by owner.
g. The Residential Rural Zone (RR2) provides for the development of non-farm residential dwellings,
not serviced by Town sewer and/or water.
4.1.2
COMMERCIAL ZONES
a.
The Commercial Central Zone (CC) provides for the development of appropriate land in the Town's
central business district to allow it to be multi-functional in nature and develop as the most intensive
retail, business and administrative area in the Town of Neepawa.
b. The Commercial Highway Zone (CH) provides for the development of those businesses requiring
large site areas to allow retail and personal services adjacent to major highways in out-lying areas of
the Town and to serve the needs of the travelling public.
4.1.3
INDUSTRIAL ZONES
a.
The Industrial Light Zone (ML) provides for development of uses and activities that are primarily
carried on within an enclosed building and no significant nuisance factor is created or apparent outside
the enclosed building.
b. The Industrial Heavy Zone (MH) provides for developments which may have an effect on the safety,
use, amenity, or enjoyment of adjacent or nearby sites due the nuisance factors including appearance,
noise, odour, emissions, or dangerous or hazardous goods.
4.1.4
INSTITUTIONAL ZONES
The Institutional Zone (I) provides for development and accommodation of government, educational, and
institutional uses on large tracts of land in public or semi-public areas.
The Town of Neepawa Zoning By-law | 39
4.1.5
AGRICULTURAL AND OPEN SPACE ZONES
a.
The Agricultural Restricted Zone (AR) provides or agricultural uses and activities on a restricted
basis in areas within the Town of Neepawa limits while avoiding potential land uses which could
inhibit future growth.
b. The Agriculture Restricted Residential Zone (AR-R) preserves agricultural land in an un-
fragmented state for future residential development within the Town of Neepawa.
c.
The Agriculture Restricted Industrial Zone (AR-I) preserves agricultural land in an un-fragmented
state for future industrial development within the Town of Neepawa.
d. The Agriculture Restricted Commercial Zone (AR-C) preserves agricultural land in an un-
fragmented state for future commercial development within the Town of Neepawa.
e.
The Agriculture Restricted Open Space Zone (AR-O) preserves agriculture land in an un-
fragmented state for future open space development within the Town of Neepawa.
f.
The Open Space Zone (O) provides for natural and recreational uses, and protects sensitive areas
within the Town of Neepawa limits.
4.2
RESIDENTIAL ZONE REGULATIONS
4.2.1
RESIDENTIAL USE TABLE
No land shall be used or occupied and no structure shall be erected, altered, used, or occupied hereafter for
any use in any Residential Zone in which such land or structure is located, including any new use or
expansion of an existing use except in conformity with Table 4.1 - Residential Use Table, with the
exception of uses lawfully established prior to the effective date of this By-law.
Table 4.1 - Residential Use Table
P = Permitted
C = Conditional
- = Not Permitted
* = Use Specific Standards Apply
Residential Zones
REF
USE
RSU
RS
RT
RM-1
RM-2
RMH
RR2
Arts Centres, Galleries and Libraries
-
-
-
P
P
-
-
Bed and Breakfast for three (3) or more
persons.
-
C*
C*
P*
P*
-
C*
5.10
Bed and Breakfast for two (2) or fewer
persons.
P*
P*
P*
P*
P*
-
P*
5.10
Child Care Facilities
C
C
C
P
P
C
C
Community Centres or Community
Clubs
C
C
C
P
P
C
C
Convenience Stores
-
-
C
C
C
-
-
Dwelling, Low Density Multiple Units
-
-
-
P
P
-
-
Dwelling, Mobile/Modular Home
-
-
-
-
-
P*
-
4.3.3
Dwelling, Moderate Density Multiple
Units
-
-
-
-
P
-
-
Dwelling, Single Unit
P
P
P
P
P
-
P
Dwelling, Two Unit
-
-
P
P
P
-
-
Hostel for eight (8) or more persons
-
-
-
-
C
-
-
Hostel for seven (7) or fewer persons
-
-
-
C
C
-
-
Institutional Care Facilities
-
-
C
C
P
-
-
Mobile Home Parks
-
-
-
-
-
P*
-
4.3.3
Music Conservatories
-
-
-
C
C
-
-
The Town of Neepawa Zoning By-law | 40
Table 4.1 - Residential Use Table
P = Permitted
C = Conditional
- = Not Permitted
* = Use Specific Standards Apply
Residential Zones
REF
USE
RSU
RS
RT
RM-1
RM-2
RMH
RR2
Parks, Picnic Areas, Playgrounds and
Recreational Trails
P
P
P
P
P
P
P
Places of Worship
C
C
C
P
P
C
C
Private Clubs or Halls
C
C
C
P
P
-
-
Public Utilities and Buildings
P
P
P
P
P
P
P
3.12
Residential care facility for five (5) or
more persons.
-
-
C
C
P
-
-
Residential care facility for four (4) or
fewer persons.
C
-
C
C
P
-
-
Rooming Houses
-
-
C
C
C
-
C
5.16
Schools
C
-
P
P
P
-
-
ACCESSORY
Animal Keeping
-
-
-
-
-
-
C*
5.7
Child Care (Home Based)
P
P
P
P
P
-
P
5.10.1
Covered Patios
P
P
P
P
P
P
P
Greenhouses (Private)
P
P
P
P
P
P
P
Home Industries
C*
C*
C*
C*
C*
-
C*
5.10.2
Home Occupations
P*
P*
P*
P*
P*
P*
P*
5.10.1
Off Street Parking Area
P
P
P
P
P
P
P
3.19
Offices
-
-
-
-
-
P
-
Play Houses
P
P
P
P
P
P
P
Private Communication Facilities
P
P
P
P
P
P
P
Private Garages and Carports
P
P
P
P
P
P
P
Secondary Suite, Attached
C*
C*
P*
P*
P*
-
P*
5.8.1
Secondary Suite, Detached
C*
C*
C*
C*
C*
-
C*
5.8.2
Sheds and Toolhouses
P
P
P
P
P
P
P
Signs
-
Identification - Building/Use
-
Directional
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
3.20
Solar Energy System, Commercial
-
-
-
-
-
-
-
5.15
Solar Energy System, On-Site
P*
P*
P*
P*
P*
P*
P*
5.15
Summer Houses (Gazebos, Sun Rooms
and Screen Rooms)
P
P
P
P
P
P
P
Swimming Pools
P*
P*
P*
P*
P*
P*
P*
5.1
4.2.2
RESIDENTIAL BULK TABLE
No person may erect a building or structure in any residential zone unless the building or structure complies
with the Residential Bulk Table and any other regulations in this section.
The Town of Neepawa Zoning By-law | 41
Table 4.2 - Residential Bulk Table
ZONE
USE TYPE
SITES
YARDS
OTHER
Area
(sq. ft.)
Width
(ft.)
Front
(ft.)
(f)
Side (ft.)
Rear (ft.)
Building
Distance
(ft.)
Max
Height
(ft.)
(e)
Minimum
Dwelling
Unit Area
(sq. ft.)
Int.
Corner
(h)
Lane
No
Lane
RSU
Principal
15,000
75
25
15
25
-
36
800
Accessory
-
-
6
10
2
4
12
-
RS
Principal
4,900
50
6
(d)
10
(d)
25
-
36
800
Accessory
-
-
6
10
2
4
12
-
RT
Principal
6,600
(c)
60
(c)
6
(c)(d)
10
(c)
25
-
36
800
Accessory
-
-
6
10
2
4
12
-
RM-1
(a)(g)
Principal
10,000
75
10(b)
10(b)
25
30
-
45
800
Accessory
-
-
6
10
2
4
12
-
RM-2
(a)
Principal
12,000
100
15(b)
15(b)
25
30
-
45
800
Accessory
-
-
6
10
2
4
12
-
RMH
Principal
4,500
45
10
15
-
36
800
Accessory
-
-
2
4
12
-
RR2
Principal
87,120
150
30
15
25
-
36
800
Accessory
-
-
6
10
2
4
12
-
TABLE NOTES
a.
For group buildings located on one site, the yards on the boundary of the site shall not be less than
those required in the zone in which the site is located, nor shall the distance between buildings within
the site be less than the sum of two required front, side or rear yards or a combination of two of these
yards, depending upon the arrangement and relationship of the buildings.
b. Or one half (1/2) of the height of the building, whichever is greater.
c.
For Two-unit Dwellings subdivided with separate titles for each unit, the minimum site area shall be
3,300 sq. ft., the minimum site width shall be 30 ft., and the minimum side yard may be reduced to 0 ft.
when the side site line is completely within a party wall.
d. Where vehicular access is obtained from the front street, one of the side yards for a single-unit
dwelling or both of the side yards for a two-unit dwelling shall be increased to a minimum width of 10
ft. clear of all projections, except eaves and gutters, in order to be used as required parking space or a
passage to the rear yard.
e.
An accessory building or structure shall not exceed the height of the principal building or structure.
f.
Where a new single-unit, two-unit or multi-unit dwelling or addition to a dwelling is proposed on a
street, the proposed structure must be developed with a front yard setback consistent with the average
of the existing front yard on the length of that street. The setback shall be determined by the average
setback of the dwelling on either side of the proposed dwelling, and in the case of a corner site, the
average of the two nearest properties on the same street, as determined by the Designated Officer.
g. For row house type dwellings, the minimum lot size shall be 2,400 sq. ft. and the minimum lot width
shall be 25 ft.
h. For reverse corner sites, the minimum street side yard shall be 15 ft.
The Town of Neepawa Zoning By-law | 42
4.2.3
SPECIAL REGULATIONS FOR MOBILE/MODULAR HOME PARKS
All mobile/modular home park developments shall meet the requirements noted in Table 4.3
Mobile/Modular Home Park Bulk Table and the following provisions:
a.
Internal roadways within Mobile/Modular Home Parks shall be as follows:
(i)
The main collector road of the internal roadway system shall have a right-of-way a minimum
width of 50 ft.,
(ii)
All other roads within the internal road system shall have a minimum width of 25 ft.;
b. A buffer area at least 20 ft. in width shall be provided within and adjacent to the perimeter of a
mobile/modular home park property boundary;
c.
The buffer area provided in clause (b) shall be developed as an area suitable landscaped with trees,
shrubs, grass and similar horticultural features;
d. The buffer area may be crossed by an access right-of-way a minimum of 50 ft. in width containing a
driveway a minimum of 25 ft. in width, from a street to the internal roadway system;
e.
The buffer area shall contain no use other than permitted by clause (c) and (d) above;
f.
A mobile/modular home park shall contain a common recreational area or open space as follows:
(i)
The common recreational area or open space shall contain a minimum of 5% of the
mobile/modular home park area;
(ii)
The common recreational area or open space shall not be part of the buffer area provided in
clause (b);
(iii) The common recreational area or open space shall be bordered by a fence or hedge where it
abuts any part of the internal road network;
g. A mobile/modular home space shall be provided with the following:
(i)
A sewer and water connection;
(ii)
An electrical service outlet; and
(iii) An adequate base support for the mobile/modular home.
h. Where provided, a walkway shall have a minimum width or ten (10) ft.
Table 4.3 - Mobile/Modular Home Park Bulk Table
ZONE
USE TYPE
SITES
YARDS
OTHER
Area
(sq. ft.)
Width
(ft.)
Front
(ft.)
Side (ft.)
Rear (ft.)
Building
Distance
(ft.)
Max
Height
(ft.)
Int.
Corner
Lane
No
Lane
RMH
Mobile
/Modular
Home Park
-
200
20
-
36
Mobile
/Modular
Home Space
4,000
40
15
8
10
15
-
Accessory
-
-
4
5
2
4
12
4.3
COMMERCIAL AND INDUSTRIAL ZONE REGULATIONS
4.3.1
COMMERCIAL AND INDUSTRIAL USE TABLE
No new use or expansion of an existing use in any commercial or industrial zone may be establish except in
conformity with Table 4.4 - Commercial and Industrial Use Table.
The Town of Neepawa Zoning By-law | 43
Table 4.4 - Commercial and Industrial Use Table
P = Permitted
C = Conditional
- = Not Permitted
* = Use Specific Standards Apply
Commercial
Industrial
REF
USE
CC
CH
ML
MH
Agricultural Implement Sales, Service and Repair
C
P
P
P
Agricultural Processing Plants and Facilities
-
-
-
C
Agricultural Products Sales, Distribution and Storage
-
P
P
P
Agro-Related Business and Manufacturing
-
C
P
P
Aircraft Sales and Service
P
P
Airport
-
-
P
P
Anhydrous Ammonia Storage Facilities
-
-
C*
P*
5.4
Animal Hospitals and Veterinary Clinics
C
P
C
P
Animal Pounds and Kennels
-
-
-
C
Antique Stores
P
P
-
-
Arenas
P
P
-
-
Arts Centres, Galleries, Libraries and Museums
P
C
-
-
Auction Marts (not including livestock auction marts)
C
C
P
P
Boat Service, Sales and Repair
C
P
P
P
Building Materials Sales and Storage (not including lumber or wood)
C
P
P
C
Business Supply Establishments
P
C
P
-
Car/Truck Washes
P
P
P
-
Chemical Manufacturing
-
-
C*
C*
5.5
Child Care Facility
P
C
C
C
Commercial or Trade School
P
C
-
-
Community Centres or Community Clubs
P
P
-
-
Concrete, Cement and Asphalt Batching Plants
-
-
-
C
Contractor's Establishments
C
P
P
P
Dangerous Goods or Agrichemical Storage Facilities
-
-
C*
P*
5.5
Drinking Establishments
P
C
-
-
Drive-in or Drive-thru Establishments
C
P
P
P
Dwelling, Low Density Multiple Units
C
-
-
-
Dwelling, Moderate Density Multiple Units
C
C
-
-
Existing Uses
P
P
P
P
Financial Institutions
P
C
-
-
Fuel Sales
P
P
P
P
General Manufacturing
-
-
C
P
Golf Courses and Driving Ranges
-
P
-
-
Grain Elevators and Agricultural Storage Facilities
-
-
-
P
Horticultural and Garden Supply Establishments
-
P
P
P
Hotels
P
C
-
-
The Town of Neepawa Zoning By-law | 44
Table 4.4 - Commercial and Industrial Use Table
P = Permitted
C = Conditional
- = Not Permitted
* = Use Specific Standards Apply
Commercial
Industrial
REF
USE
CC
CH
ML
MH
Indoor Recreation Facilities
P
P
-
-
Light Industrial
-
C
P
-
Lodges or Private Clubs
P
P
-
-
Lumber and Wood Sales and Storage
P
P
P
P
Mini-Golf
-
P
-
-
Motels
C
P
-
-
Music Conservatories
P
C
Offices
P
C
P
P
Parking and Loading Areas
P
P
P
P
3.19
Parks, Picnic Areas, Playgrounds and Recreational Trails
P
P
P
P
Places of Worship
P
C
-
-
Planned Unit Development
C*
C*
-
-
5.11
Protective and Emergency Services
P
P
P
P
Public Utilities and Buildings
P
P
P
P
Pulp and Paper Processing
-
-
-
P
Recreational Club Facilities
P
C
-
-
Recreational Vehicle Service, Sales and Repair
P
P
P
P
Rendering Plants and Abattoirs
-
-
-
C
Rental Storage Establishments
-
P
-
-
Restaurants and Lounges
P
P
-
-
Retail Establishments
P
P
-
-
Seed Distribution, Sales and Storage
-
C
P
P
Stock Yards
-
-
-
P
Theatres and Cinemas
P
C
-
-
Transportation Terminals and Facilities
-
P
P
P
Vehicle Related Businesses including Sales, Service, Showrooms and
Repair
P
P
P
P
Vehicle Wrecking and Storage
-
-
-
C
Warehouses and Storage Establishments
-
-
P
P
Wastewater Treatment Facilities
-
-
-
C*
5.2
Water Treatment Facilities
-
-
-
C
Wholesale Establishments
P
P
P
-
ACCESSORY
Accessory dwelling unit for watchman or caretaker employed upon the
premises
-
-
P
P
Accessory Dwelling Units in Second Storey or Rear of Commercial (a)
P
P
-
-
Accessory Retail Services
-
-
C
C
The Town of Neepawa Zoning By-law | 45
Table 4.4 - Commercial and Industrial Use Table
P = Permitted
C = Conditional
- = Not Permitted
* = Use Specific Standards Apply
Commercial
Industrial
REF
USE
CC
CH
ML
MH
Any building or structure, excluding dwellings, necessary for the
operation, maintenance and administration of a use.
P
P
P
C
Covered Patios
P
P
-
-
Greenhouses
P
P
-
-
Incinerators
C
C
C
C
Off Street Parking Areas
P
P
P
P
3.19
Outside Storage
C
P
P
P
Parabolic Dish Antennae
P
P
P
P
Playhouses
P
P
-
-
Private Garages or Carports
P
P
P
P
Sheds or Toolhouses
P
P
-
-
Signs
-
Advertising
-
Identification - Building/Use
-
Directional
-
Event or Occasional
C*
P*
P*
P*
C*
P*
P*
P*
C*
P*
P*
-
C*
P*
P*
-
3.20
Solar Energy System, Commercial
C*
C*
P*
P*
5.15
Solar Energy System, On-Site
P*
P*
P*
P*
5.15
TABLE NOTES
a.
Dwellings shall only be permitted as part of a building which contains a principal commercial use.
Residences located on the main floor shall be restricted to the rear half of the building.
The Town of Neepawa Zoning By-law | 46
4.3.2
COMMERCIAL AND INDUSTRIAL BULK TABLE
No person may erect a building or structure in any Commercial or Industrial Zone unless the building or
structure complies with the Commercial and Industrial Bulk Table and any other regulations in this section.
Table 4.5 - Commercial and Industrial Bulk Table
ZONE
USE
SITES
YARDS
OTHER
Area
(sq. ft.)
(% of site)
Width
(ft.)
Front
(ft.)
Side (ft.)
Rear (ft.)
Building
Distance
(ft.)
Max
Height
(ft.)
Int.
Corner
Lane
No
Lane
CC
Principal (b)
1,800
15
0
0
10
20
25
-
45
Accessory
15%
(d)
-
4
(a)
CH
Principal (b)
20,000
100
45
12
12
20
25
-
36
Accessory
15%
(d)
-
4
(a)
ML
Principal
6,000
50
15
5
15
5
5
-
45
Accessory
15% (d)
-
(c)
5
10
(a)
MH
Principal
7,500
75
20
15
-
60
Accessory
15% (d)
-
(c)
5
10
(a)
TABLE NOTES
a.
The maximum height of accessory buildings and structures shall not exceed the height of the principal
building or structure.
b. Moderate Density Multi-Unit Dwellings in the CC and CH Zones are subject to the bulk requirements of
the RM-2 Zone in Table 4.2 Residential Bulk Tables.
c.
Accessory structures in the ML and MH Zones may only be located to the side or the rear of the
principal building or structure.
d. The minimum area for accessory dwelling units shall be 400 sq. ft.
4.4
INSTITUTIONAL, AGRICULTURAL AND OPEN SPACE REGULATIONS
4.4.1
INSTITUTIONAL, AGRICULTURAL AND OPEN SPACE USE TABLE
No new use or expansion of an existing use in any institutional, agricultural or open space zone may be
establish except in conformity with Table 4.6 -Institutional, Agricultural and Open Space Use Table.
The Town of Neepawa Zoning By-law | 47
Table 4.6 - Institutional, Agricultural and Open Space Use Table
P = Permitted
C = Conditional
- = Not Permitted
* = Use Specific Standards Apply
Inst.
Agriculture and Open Space
REF
USE
I
AR
AR-R
AR-M
AR-C
AR-O
O
Agricultural Fairground
-
-
-
-
-
-
C
Agricultural Uses
-
P
P
P
P
P
P
Agricultural Uses, Specialized
-
P
P
P
P
-
-
Animal Hospitals and Veterinary Clinics
-
C
-
C
C
-
-
Animal Pounds and Kennels
-
P
-
C
C
-
-
Arts Centres, Galleries and Libraries
P
-
-
-
-
P
P
Camping and Tenting Grounds
-
-
-
-
-
P
P
Cemeteries
-
-
-
-
-
-
C
Child Care Facilities
P
-
-
-
-
-
-
5.9
Commercial Recreation Facilities
-
C
-
C
C
C
C
Community Centres or Community
Clubs
P
C
C
C
C
C
C
Community Resource Centres
P
-
-
-
-
-
-
Dwelling, Single Units
-
C
C
-
-
-
-
Golf Courses and Driving Ranges
-
-
C
-
P
P
P
Gun Clubs and Ranges
-
-
-
C
-
-
C
Horticultural and Garden Supply
Establishments
-
C
C
P
P
C
-
Hospital
P
-
-
-
-
-
-
Hostels for seven (7) or fewer children or
adults
P
-
-
-
-
-
-
Indoor Recreation Facilities
-
-
-
-
C
P
P
Institutional Care Facilities
P
-
-
-
-
-
-
Medical Clinic
P
P
P
-
-
-
-
Mushroom Farms
-
P
-
P
P
-
-
Music Conservatories
P
-
-
-
-
P
P
Offices
P
-
-
-
-
-
-
Outdoor Recreation Facilities
P
-
-
-
-
P
P
Parks, Picnic Areas, Playgrounds and
Recreational Trails
P
P
P
P
-
P
P
Places of Worship
P
-
-
-
-
-
-
Planned Unit Development
C*
-
-
-
-
-
-
5.11
Public Parking Areas
P
-
-
-
-
-
-
Public Swimming Pools
P
-
-
-
-
P
P
Public Utilities and Buildings
P
P
P
P
P
P
P
Recreation Clubs
P
-
C
-
P
C
P
Residential Care Facilities
P
-
-
-
-
-
-
Riding Academies and Stables
-
P
C
C
C
C
C
Sand, Gravel and Mineral Extraction
Operations
-
C*
-
-
-
C*
C*
The Town of Neepawa Zoning By-law | 48
Table 4.6 - Institutional, Agricultural and Open Space Use Table
P = Permitted
C = Conditional
- = Not Permitted
* = Use Specific Standards Apply
Inst.
Agriculture and Open Space
REF
USE
I
AR
AR-R
AR-M
AR-C
AR-O
O
Schools
P
-
-
-
-
-
-
Waste Disposal Grounds
-
C*
-
-
-
-
-
5.2
Water Treatment Facilities
-
P
P
P
P
P
P
ACCESSORY
Animal Keeping
-
C*
C*
C*
C*
C*
C*
5.7
Any building or structure, excluding
dwellings, necessary for the operation,
maintenance and administration of a
permitted or conditional use.
P
P
P
P
P
P
P
Child Care (Home Based)
-
C*
C*
-
-
-
-
5.9.1
Covered Patios
-
P
P
P
P
P
P
Farm buildings and structures
-
P
P
P
P
P
P
Farm Dwellings
-
P
P
P
P
P
P
Greenhouses
-
P
P
P
P
P
P
Home Occupations
-
P*
P*
P*
P*
P*
P*
5.9.1
Home Industries
-
C*
C*
C*
C*
C*
C*
5.9.2
Incinerators
-
C
C
C
C
C
C
Individual sewage disposal units subject
to the approval of the authority having
jurisdiction
-
P
P
P
P
P
P
Off Street Parking Areas
P
P
P
P
P
P
P
3.19
Outside Storage
-
P
-
P
C
-
-
Playhouses
-
P
P
P
P
P
P
Private Communications Facilities
P
P
P
P
P
P
P
Private Garages or Carports
-
P
P
P
P
P
P
Sheds or Toolhouses
-
P
P
P
P
P
P
Signs
-
Advertising
-
Identification - Building/Use
-
Directional
-
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
-
P*
P*
-
P*
P*
3.20
Solar Energy System, Commercial
P*
-
-
-
-
-
-
5.15
Solar Energy System, On-Site
P*
P*
P*
P*
P*
P*
P*
5.15
Storage of goods used or produced by
agricultural activities unless such storage
is excluded by the zone regulations
-
P
P
P
P
P
P
Summer Houses (Gazebos, Sun Rooms
or Screen Rooms)
-
P
P
P
P
P
P
Swimming Pools
-
P*
P*
P*
P*
P*
P*
5.1
The Town of Neepawa Zoning By-law | 49
4.4.2
INSTITUTIONAL, AGRICULTURAL AND OPEN SPACE BULK TABLE
No person may erect a building or structure in any institutional, agricultural or open space zone unless the
building or structure complies with the Institutional, Agricultural and Open Space Bulk Table and any other
regulations in this section.
Table 4.7 - Institutional, Agricultural and Open Space Bulk Table
ZONE
USE
SITES
YARDS
OTHER
Area
(acres)
(d)
Width
(ft.)
Front
(ft.)
Side (ft.)
Rear (ft.)
(b)
Building
Distance
(ft.)
Max
Height
(ft.)
Int.
Corner
Lane
No
Lane
I
Principal (c)
7000
sq. ft.
60
25
10
15
20
25
4
45
Accessory
-
-
5
2
10
(c)
AR
Principal (c)
40
300
125
25
125
25
-
45
Accessory
-
-
(a)
5
20
AR-R
Principal
20
300
125
15
125
25
-
Accessory
-
-
(a)
5
20
AR-M
Principal
20
300
125
15
125
25
-
Accessory
-
-
(a)
5
20
AR-C
Principal
5
300
125
15
125
25
-
Accessory
-
-
(a)
5
20
AR-O
Principal
5
300
125
15
125
25
-
Accessory
-
-
(a)
5
20
O
Principal
5
300
125
15
125
25
-
Accessory
-
-
(a)
5
20
TABLE NOTES
a.
The minimum front and side yard requirements for accessory buildings and structures shall be the
same as the minimum front and side yard requirements for the principal use of the site.
b. Where the rear yard in an "AR", "AR-R", "AR-M", "AR-C", or "AR-O" Zone abuts a municipal road,
the required rear yard shall be 125 ft.
c.
The maximum height of accessory buildings and structures shall not exceed the height of the principal
building or structure.
d. Nothing in this table shall relieve an owner from meeting the provincial requirements for on-site septic
wastewater (minimum 2 acres in area and minimum 198 ft. in site width).
The Town of Neepawa Zoning By-law | 50
PART 5 USE-SPECIFIC REGULATIONS
5.1
SWIMMING POOLS AND HOT TUBS
Private swimming pools, hot tubs, and similar structures with a water depth of greater than two (2) ft., shall
be allowed as a permitted accessory use to a residential use (including when located on a farm) provided
that:
a.
They meet the siting requirements of accessory structures for the zone in which they are located
b. The pool area is protected by a fence with lockable gates and a minimum height of 6 ft. to prevent
unauthorized entry. The fence and gate must be constructed so as to prevent a child from crawling
underneath
c.
A development permit is issued under this bylaw
d. Nothing in this subsection shall relieve any such structure from complying with the requirements under
the local Building Bylaw or applicable provincial regulations including The Buildings and Mobile
Homes Act and The Public Health Act.
5.2
STANDARDS FOR SEWAGE TREATMENT SITES (LAGOON)
A mutual separation distance of 300 m. (1,000 ft.) shall be maintained between a dwelling and a sewage
treatment site or lagoon.
5.3
STANDARDS FOR WASTE DISPOSAL SITES
A mutual separation distance of 400 m. (1,320 ft.) shall be maintained between a dwelling and a waste
disposal site.
5.4
SEPARATION DISTANCES FOR ANHYDROUS AMMONIA STORAGE
FACILITIES
Anhydrous Ammonia Storage Facilities shall be located at a minimum distance of:
a.
1500 m. (5,000 ft.) from the lot line of any evacuation-sensitive facilities such as schools, hospitals,
senior citizens' homes, and other institutional facilities;
b. 1500 m. (5,000 ft.) away from any village or settlement centre;
c.
500 m. (1,640 ft.) from any dwelling;
d. 50 m. (160 ft.) away from any creek, stream, or environmentally sensitive area; and
e.
100 m. (330 ft.) from the edge of the right-of-way of a Provincial Road or Highway.
5.5
SEPARATION DISTANCES FOR DANGEROUS GOODS OR AGRICHEMICAL
STORAGE FACILITIES
Dangerous goods or agrichemical storage facilities shall be located at a minimum distance of 50 m. (165
ft.) from the site property lines in the RR, RS and I zones.
5.6
STANDARDS FOR WIND ENERGY GENERATING SYSTEMS (ON-
SITE/ROOFTOP)
An on-site/rooftop Wind Energy Generating System must meet all of the following standards:
a.
it is set back at least 6 m. (20 ft.) from the front building line, or, in the case of corner lots, at least 4.5
m. (15 ft.) from the front and side lot line;
b. it is limited to a total turbine height of no more than 4.5 m. (15 ft.) above the rooftop; and
The Town of Neepawa Zoning By-law | 51
c.
it is safely and securely attached to the rooftop in compliance with the Federal and Provincial Building
Codes.
5.7
ANIMAL KEEPING
All Animal Keeping, where allowed, must meet the following standards:
a.
Animal Keeping shall only be considered as an accessory use to a principal or accessory residential
use;
b. In the RR2, AR, AR-R, AR-M and AR-C zones, livestock shall be allowed on a site subject to each of
the following:
(i)
One (1) hog, goat or sheep (on a minimum 2 acre site);
(ii)
Four (4) horses (on a minimum 2 acre site);
(iii) Twenty (20) chickens; either-or
(iv)
Ten (10) turkeys, ducks or geese;
c.
In the O and AR-O zones, livestock shall not exceed 0.67 Animal Units (AU) per acre, to no more
than 10 AU in total;
d. The number of AU for the calculation of Animal Keeping shall be determined in accordance with the
table provided in Appendix I;
e.
A minimum setback of 7.62 m. (25 ft.) from all property lines shall be required for all pens, coops,
aviaries, hutches, and similar enclosures or free-range areas; and
f.
The keeping of livestock animals shall not interfere with the use and enjoyment of adjacent land uses
as determined by the Designated Officer.
5.8
SECONDARY SUITES
5.8.1
ATTACHED SECONDARY SUITES
An Attached Secondary Suite is allowed as an accessory use to a single unit dwelling provided that:
a.
The minimum site area for a site with an attached secondary suite shall be no less than 372 sq. m.
(4,000 sq. ft.);
b. An attached secondary suite shall not exceed a floor area of 75 sq. m. (800 sq. ft.) or 40% of the floor
area of the principal dwelling (excluding the garage floor area and common space), whichever is less;
c.
An attached secondary suite shall contain a minimum of two (2) rooms, one of which must be a
bathroom;
d. Only one (1) entrance to the dwelling shall be visible from the front street, unless the residence already
contained an additional street-facing entrance prior to the creation of the secondary suite;
e.
Only one (1) attached secondary suite is permitted per single unit dwelling, per site. Where a site
already contains a single unit dwelling with a detached secondary suite, an attached secondary suite
shall not be permitted; and
f.
Attached secondary suites shall not be subdivided from the principal single unit dwelling.
Styles of Attached Secondary Suites (from left to right): a suite above the main floor, a
basement suite and a suite added as an addition.
The Town of Neepawa Zoning By-law | 52
5.8.2
DETACHED SECONDARY SUITES
A Detached Secondary Suite is allowed as an accessory use to a single unit dwelling provided that:
a.
The minimum site area for a site with a detached secondary suite shall be no less than 465 sq. m.
(5,000 sq. ft.) in size;
b. A detached secondary suite shall not exceed a floor area of 75 sq. m. (800 sq. ft.) or 40% of the floor
area of the principal building (excluding the garage floor area and common space), whichever is less;
c.
A detached secondary suite shall comply with all yard requirements applicable to principal buildings
on site, except where an existing building (garage) is converted into a detached secondary suite;
d. All detached secondary suites shall have vehicular access via an existing driveway;
e.
A detached secondary suite shall be connected to the municipal water and sewer systems;
f.
Only one (1) detached secondary suite is permitted on a site. Where a site already contains a single unit
dwelling with an attached secondary suite, a detached secondary suite shall not be permitted;
g. A detached secondary suite cannot be a mobile home; and
h. A detached secondary suite shall not be subdivided from the principal unit dwelling site.
Styles of Detached Secondary Suites (from left to right): a converted garage suite, a
suite above a garage (often referred to as a carriage suite) and a standalone suite
(typically smaller than a converted garage suite).
5.9
HOME BUSINESSES
5.9.1
HOME OCCUPATIONS
A Home Occupation means an accessory use which:
a.
Shall be limited to those uses which do not interfere with the rights of other residents to quiet
enjoyment of their neighbourhood.
b. Shall be owned by the member(s) of the household residing at the dwelling unit and can have a
maximum of two on-site employees from the same household.
c.
Shall be subject to the sign requirements of the zone.
d. Shall be operated as a secondary use only, and shall not change the principal character or external
appearance of the dwelling unit involved.
e.
Shall not exceed a maximum floor area of 27.87 sq. m. (300 sq. ft.) or 20% of the principal building
floor area, whichever is the lesser.
f.
Shall not be permitted if, in the opinion of the Designated Officer, such use would be more
appropriately located in another Zoning District having regard for, among other matters, potential
traffic generation and potential interference with the residential character of the area.
g. In addition to the information generally required for a Development Permit, each application for a
Development Permit for a proposed Home Occupation shall include a description of the office use to
be undertaken at the premises and an indication of where any materials, equipment or vehicles
associated with the office use are to be stored.
h. 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.
i.
The home occupation shall not create nuisance by the way of dust, noise, vibration, smoke, odour,
litter, light or heat nor shall it create or cause any fire hazard, electrical interference or traffic
congestion in the neighbourhood.
The Town of Neepawa Zoning By-law | 53
5.9.2
HOME INDUSTRIES
A Home Industry shall comply with the following regulations:
a.
The Home Industry shall operate as a secondary use and be carried out in a building that is accessory
to a dwelling unit and does not exceed a floor area of 83.61 sq. m. (900 sq. ft.).
b. The employment of household and non-household members is allowed as part of the Home Industry to
a maximum of three (3) persons.
c.
The selling of goods or services related to the Home Industry is allowed.
d. The character and scale of the Home Industry shall not create offensive or objectionable impacts on
any adjoining sites.
e.
Outside storage of goods and materials is allowed as part of the Home Industry if the storage is located
to the rear of a line adjacent to and parallel with the front wall of the building.
f.
Shall be subject to the sign requirements of the zone.
g. There shall be no mechanical or electrical equipment used which creates noise, or visible and audible
interference in radio or television reception in adjacent dwelling units.
h. The Home Industry shall comply with all environmental and public health standards of the Province of
Manitoba. If Council determines that a proposed Home Industry may conflict with these standards, the
application shall be referred to the appropriate Provincial department(s) prior to issuing a Development
Permit.
i.
In addition to the information generally required for a Development Permit, each application for a
Development Permit for a proposed Home Industry shall include a description of the office use to be
undertaken at the premises and an indication of where any materials, equipment or vehicles associated
with the office use are to be stored.
5.10 BED AND BREAKFAST HOMES
A Bed and Breakfast shall comply with the following regulations:
a.
Approved smoke and carbon monoxide alarms shall be required:
b. in every bedroom or bedroom suite; and
c.
in the common corridor of every storey or floor level, even if no bedroom or bedroom suite is provided
on that storey or floor level.
d. The smoke alarms are to be electrically hard wired to each other in cases where major renovations are
to take place.
e.
An approved 2.20 kg (4.85 lb.) multi-purpose portable fire extinguisher shall be visibly mounted near
the kitchen exit door, preferably the door leading directly outdoors.
5.11 PLANNED UNIT DEVELOPMENTS
A Planned Unit Development shall comply with the following regulations:
a.
Specific regulations in a Zoning District shall not directly apply to Planned Unit Developments.
However, the project shall produce an environment of stable and desirable character and shall
incorporate at least equivalent standards of building separation, parking, height and other regulations
and regulations of this By-law.
b. An application for a Planned Unit Development shall include normal development permit regulations
as well as an impact study that outlines the following information:
(i)
economic, social and environmental benefits to the community;
(ii)
the effect on the general character of the area and adjacent areas;
(iii) the effect on the general environment including, but not necessarily limited to, drainage,
groundwater and erosion;
(iv)
the effect on Municipal services and the street system; and
(v)
such additional information as required by Council.
c.
The density of development shall not be increased from the normal density per gross hectare (acre)
permitted in the Zoning District in which the proposed Planned Unit Development is located.
d. Planned Unit Developments shall be regulated through a site plan agreement or development
agreement which is caveated against the title at the Land Titles office.
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e.
An overall landscaping plan shall be prepared.
5.12 PRIVATE COMMUNICATION FACILITIES
Private communication facilities are permitted in all zones as an accessory use in accordance with the
minimum yard requirements for accessory structures in the zone in which it is to be located or erected, with
the following exceptions:
a.
A private communication facility is not subject to the height requirements for accessory structures;
b. A private communication facility may be located in any rear or side yard in any zone. It may also be
located in the front yard of Institutional, Agricultural and Open Space Zones; and
c.
A private communication facility shall be set back from all property lines of the site on which it is
located a minimum distance equal to its total height, measured from grade to the uppermost point of its
extension.
5.13 METAL SHIPPING CONTAINERS
Metal shipping containers may be permitted on a temporary basis in residential, commercial and
institutional districts within front, rear, and side yards for a maximum period of 90 days and when
authorized by the Designated Officer and subject to terms and conditions set out in the Development
Permit. Metal shipping containers may be allowed in industrial, commercial highway, agricultural and open
space districts as follows:
a.
If on-site for fewer than 90 days per calendar year:
(i)
Shall be classified as a Temporary Use.
(ii)
Shall be located to the rear and/or side of the principal building.
b. If on-site for more than 90 days per calendar:
(i)
Shall be classified as an accessory building and subject to the relevant provisions of this Zoning
By-law or as a principal building and subject to the relevant provisions of this Zoning By-law.
c.
For sites, less than 2.5 acres there shall be no more than 2 metal storage containers; for sites between
2.5 acres and 5 acres there shall be no more than 4 metal storage containers; and for sites greater than 5
acres there shall be no more than 6 metal storage containers; and
d. Notwithstanding the provisions above, no more than two (2) metal shipping containers shall be
permitted in the CH Zone and all metal shipping containers shall be painted the same colour as the
principal building on site.
5.14 CANVAS AND TENT STRUCTURES
Canvas buildings and tent structures may be permitted on a seasonal basis in residential, commercial and
institutional districts subject to district regulations regarding placement of accessory buildings, but shall not
be allowed at any time within the portion of a property between the front building wall and any public
street right-of-way unless authorized by the Designated Officer and subject to terms and conditions set out
in the Development Permit.
Canvas buildings and tent structures may be permitted in in all zoning districts as follows:
a.
If on-site for fewer than 90 days per calendar year:
(i)
Shall be classified as a Temporary Use.
(ii)
Shall be located to the rear and/or side of the principal building.
b. For sites, less than 2.5 acres there shall be no more than 2 canvas or tent structures; for sites between
2.5 acres and 5 acres there shall be no more than 4 canvas or tent structures; and for sites greater than 5
acres there shall be no more than 6 canvas or tent structures;
c.
If on-site for more than 90 days per calendar:
(i)
Shall be classified as an accessory building and subject to the relevant provisions of this Zoning
By-law or as a principal building and subject to the relevant provisions of this Zoning By-law.
The Town of Neepawa Zoning By-law | 55
5.15 SOLAR ENERGY SYSTEMS
All solar energy systems must meet the following standards:
a.
Any solar energy system not connected to a building shall adhere to the same setback sand height
restrictions for accessory buildings for the zone in which the installation is situated;
b. A roof or wall-mounted solar collector shall not exceed, in size, the total square footage of the principal
structure;
c.
A solar collector that is mounted on a roof may project a maximum of five (5) ft. from the surface of the
roof but may not extend beyond the outermost edge of the roof; and
d. A solar energy system that is mounted on a wall may project a maximum of two (2) ft. from the surface
of the wall and must be located a minimum of eight (8) ft. above grade.
5.16 ROOMING HOUSES
All rooming houses must meet the off-street parking provisions outlined in Table 3.3, as well as the
following standards:
a.
Where permitted, the maximum cumulative area of the bedroom units within a rooming house shall be
limited to 50% of the gross floor area of the dwelling (not including a garage) or eight (8) units,
whichever is lesser; and
b. A rooming house must meet all requirements of the Building Code and attain all appropriate municipal
and provincial permits prior to occupancy.
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PART 6
ZONING MAP
The Town of Neepawa Zoning By-law | 57
APPENDIX I - ANIMAL UNIT TABLE
Animal Unit Calculation Table
Type of Operation
Animal Units Produced by One
Animal
Livestock Producing One
Animal Unit
Dairy
Milking Cows, including associated livestock
2.0
0.5
Beef
Beef Cows, including associated livestock
1.25
0.8
Backgrounder
0.5
2.0
Summer Pasture/replacement heifers
0.625
1.6
Feeder cattle
0.769
1.3
Hogs
Sows, farrow to finish
1.25
0.8
Sows, farrow to weanling
0.25
4.0
Sows, farrow to nursery
0.313
3.2
Weanlings
0.033
30.0
Growers/Finishers
0.143
7.0
Boars (artificial insemination operations)
0.2
5.0
Chickens
Broilers
0.005
200.0
Roasters
0.01
100.0
Layers
0.0083
120.0
Pullets
0.0033
300.0
Broiler Breeder Pullets
0.0033
300.0
Broiler Breeder Hens
0.01
100.0
Turkeys
Broilers
0.01
100.0
Heavy Toms
0.02
50.0
Heavy Hens
0.01
100.0
Horses
Mares, including associated livestock
1.333
0.75
Sheep
Ewes, including associated livestock
0.20
5.0
Feeder Lambs
0.063
16.0
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APPENDIX II - ELEVATION MAP
The Town of Neepawa Zoning By-law | 59