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RIVERDALE MUNICIPAL ZONING BY-LAW
BY-LAW NO. 2016-12
Riverdale Municipality
UNOFFICIAL OFFICE CONSOLIDATION OF THE
RIVERDALE MUNICIPALITY
ZONING BY-LAW NO. 2016-12
AMENDING BY-LAWS INCLUDED IN THIS OFFICE CONSOLIDATION
By-Law No.
Date Approved
Amendment Description
2016-12
July 18, 2017
New Zoning By-Law
2019-02
Feb. 5, 2019
Amending Maps 2 and 5: Rezoning Pt. S.E1/4 Sec. 18-
12-21WPM FROM: "RA" - Rural/Agriculture Zone TO:
"MR" Rural Industrial Zone
2020-04
May 5 2020
Amending Maps 2 and 3: Rezone the westerly 450 feet of
SEC 33-12-20WPM FROM: R/A - Rural / Agriculture Zone
TO: RR - Rural Residential Zone. RE - Residential Estate
Zone - footnote a) (iii) increased the minimum dwelling unit
area to 1,000 sq/ft and deleted support for modular homes
in this zone.
Table of Contents
PART 1: SCOPE OF BY-LAW .......................................................................... 1
PART 2: GENERAL REGULATIONS GOVERNING LAND USES, BUILDINGS
AND STRUCTURES ......................................................................................... 2
Use of Land .................................................................................................................................... 2
Existing Uses, Buildings and Structures ......................................................................................... 2
Non-Conforming Uses .................................................................................................................... 3
Permitted Uses ............................................................................................................................... 4
Conditional Uses ............................................................................................................................ 4
Similar Land Uses .......................................................................................................................... 4
General Provisions for Accessory Uses, Buildings and Structures Applicable in ALL Zones ......... 5
"R/A" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES ........... 6
"R/A" ZONE - CONDITIONAL ACCESSORY USES, BUILDINGS AND STRUCTURES ....... 8
"GD" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES ........... 9
"GD" ZONE - CONDITIONAL ACCESSORY USES, BUILDINGS AND STRUCTURES ..... 10
"GD" ZONE - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES ........ 11
"RR" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES.......... 11
"RR" ZONE - CONDITIONAL ACCESSORY USES, BUILDINGS AND STRUCTURES ...... 12
"RR" ZONE - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES ........ 13
"SR-1" AND "SR-2" ZONE(S) - PERMITTED ACCESSORY USES, BUILDINGS AND
STRUCTURES.................................................................................................................... 13
"SR-1" AND "SR-2" ZONE(S) - CONDITIONAL ACCESSORY USES, BUILDINGS AND
STRUCTURES.................................................................................................................... 14
"MR" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES ......... 15
"MR" ZONE - CONDITIONAL ACCESSORY USES, BUILDINGS AND STRUCTURES ..... 16
"MR" ZONE - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES ........ 16
"RG" AND "RE" ZONE(S) - PERMITTED ACCESSORY USES BUILDINGS AND
STRUCTURES.................................................................................................................... 17
"RG" AND "RE" ZONE(S) - CONDITIONAL ACCESSORY USES, BUILDINGS AND
STRUCTURES.................................................................................................................... 18
"RG" AND "RE" ZONE(S) - PROHIBITED ACCESSORY USES, BUILDINGS AND
STRUCTURES.................................................................................................................... 18
"C" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES ............ 18
"C" ZONE - CONDITIONAL ACCESSORY USES, BUILDINGS AND STRUCTURES ........ 20
"C" ZONE - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES ........... 20
"M" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES ............ 20
"M" ZONE - CONDITIONAL ACCESSORY USES, BUILDINGS AND STRUCTURES ........ 21
"M" ZONE - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES........... 21
"I" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES .............. 22
"I" Zone - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES .............. 23
"OR" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES ......... 23
"OR" ZONE - PROBIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES ........ 24
"UT" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES .......... 24
"UT" ZONE - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES ......... 25
Temporary Uses, Buildings and Structures .................................................................................. 26
Recreational Vehicles................................................................................................................... 26
Wheelchair Ramps ....................................................................................................................... 28
Public Utilities and Services ......................................................................................................... 28
PART 3: GENERAL REGULATIONS FOR ALL ZONES ................................. 29
Bulk and Yard Requirements ....................................................................................................... 29
Corner Vision Triangles ................................................................................................................ 29
Projections into Yards .................................................................................................................. 30
Double Frontage Sites ................................................................................................................. 30
Front Yards .................................................................................................................................. 30
Shoreline Sites ............................................................................................................................. 31
Site Reduced by Road Widening ................................................................................................. 31
Derelict or Unsafe Buildings ......................................................................................................... 31
Portable or Temporary Storage Structures ................................................................................... 32
Storage Buildings ......................................................................................................................... 32
Fences ......................................................................................................................................... 33
Swimming Pools........................................................................................................................... 33
Public Monuments and Cairns ..................................................................................................... 34
Signs ............................................................................................................................................ 34
Private Water Supply and Sewage Disposal Systems ................................................................. 35
Service Connections .................................................................................................................... 35
Lands Subject to Flooding ............................................................................................................ 35
High Water Table Areas ............................................................................................................... 36
Water Drainage ............................................................................................................................ 37
Steep Natural Slopes ................................................................................................................... 37
Land Gradients ............................................................................................................................. 37
Road Access ................................................................................................................................ 38
Parking Requirements for All Zones ............................................................................................. 38
TABLE 3-1: ZONE SPECIFIC MINIMUM PARKING SPACE REQUIREMENTS ....................... 38
FIGURE 3-1: DESIGN STANDARDS FOR PARKING SPACES ................................................ 41
Streets, Public Roads, and Private Lanes .................................................................................... 42
Development Near Watercourses ................................................................................................ 43
Private Docks ............................................................................................................................... 43
Development Near Solid Waste Disposal Sites ............................................................................ 43
Development Near Sewage Lagoons........................................................................................... 44
Development Near Hazardous Materials Storage ........................................................................ 44
Development Near Areas with Potential for Aggregate Extraction ............................................... 44
Development Near Airports .......................................................................................................... 44
Development Near Pipelines ........................................................................................................ 44
Development Near the Provincial Highway System ..................................................................... 45
Open Space Along Rural Roads .................................................................................................. 45
Railways ....................................................................................................................................... 46
Multiple Buildings on One Site...................................................................................................... 46
PART 4: GUIDE TO ZONES AND ZONING MAPS ........................................ 47
Purpose of Zones ......................................................................................................................... 47
Zoning Districts ............................................................................................................................ 47
Zoning Maps ................................................................................................................................ 50
PART 5: USE AND BULK TABLES FOR ALL ZONES ................................... 52
TABLE 5-1: "R/A" RURAL / AGRICULTURE ZONE - USE & BULK REQUIREMENTS ............. 52
TABLE 5-2: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK REQUIREMENTS ......... 59
TABLE 5-3: "RR" RURAL RESIDENTIAL ZONE - USE & BULK REQUIREMENTS ................. 64
TABLE 5-4: "SR-1" SEASONAL RECREATION ZONE - USE & BULK REQUIREMENTS ...... 67
TABLE 5-5: "SR-2" SEASONAL RECREATION ZONE - USE & BULK REQUIREMENTS ...... 70
TABLE 5-6: "MR" INDUSTRIAL RURAL ZONE - USE & BULK REQUIREMENTS ................... 73
TABLE 5-7: "RG" RESIDENTIAL ZONE - USE & BULK REQUIREMENTS ............................... 77
TABLE 5-8: "RE" RESIDENTIAL ESTATE ZONE - USE & BULK REQUIREMENTS ................. 80
TABLE 5-9: "C" COMMERCIAL ZONE - USE & BULK REQUIREMENTS ................................. 83
TABLE 5-10: "M" INDUSTRIAL ZONE - USE & BULK REQUIREMENTS .................................. 87
TABLE 5-11: "I" INSTITUTIONAL ZONE - USE & BULK REQUIREMENTS ............................... 91
TABLE 5-12: "OR" OPEN SPACE RECREATION ZONE - USE & BULK REQUIREMENTS ...... 93
TABLE 5-13: "UT" URBAN TRANSITION ZONE - USE & BULK REQUIREMENTS ................... 96
PART 6: RULES FOR SPECIFIC USES .......................................................... 98
Home Based Business Activities .................................................................................................. 98
Hazardous Materials Storage ..................................................................................................... 100
Mobile Homes ............................................................................................................................ 100
Mobile Home and RV Parks ....................................................................................................... 101
Livestock Operations - General Provisions ................................................................................ 103
TABLE 6-1: ANIMAL UNIT CONVERSION FACTORS ............................................................. 106
Livestock Operation Development in the "R/A" Rural / Agriculture Zone ................................... 106
TABLE 6-2: MINIMUM MUTUAL SEPERATION DISTANCES FOR SITING LIVESTOCK
OPERATIONS IN THE "R/A" RURAL AGRICULTURE ZONE ................................................... 107
Special Limitations for Newly Siting and Expanding Livestock Operations Located Adjacent to
Designated Areas and Waterbodies/Waterways ........................................................................ 108
Application Requirements for New or Expanding Livestock Operations ..................................... 109
PART 7: ADMINISTRATION ....................................................................... 111
Administration and Enforcement Responsibilities ....................................................................... 111
Development Permits ................................................................................................................. 111
Development Officer .................................................................................................................. 113
Zoning By-law Amendments ...................................................................................................... 114
Variances & Conditional Uses .................................................................................................... 115
Subdivision of Land .................................................................................................................... 115
Fee Schedule ............................................................................................................................. 116
PART 8: ENFORCEMENT ........................................................................... 117
Inspections ................................................................................................................................. 117
Contravention Order ................................................................................................................... 117
Review by Council ...................................................................................................................... 118
Remedying Contraventions ........................................................................................................ 118
PART 9: INTERPRETATION ....................................................................... 119
Definitions .................................................................................................................................. 119
APPENDIX "A" - ZONING MAPS ................................................................. 133
MAP 1:
Riverdale Municipality - District Setting
MAP 2:
Riverdale Municipality
MAP 3:
Lake Wahtopanah
MAP 4:
Paradise Valley
MAP 5:
Wheatland Area
MAP 6:
Community of Rivers
MAP 7:
Community of Wheatland
MAP 8:
Community of Bradwardine
1
PART 1: SCOPE OF BY-LAW
1.1
This By-law shall be known as the Riverdale Municipal Zoning By-law as adopted under the
Manitoba Planning Act by Riverdale Municipal Council as By-law No. 2016-12.
1.2
This By-law applies to all lands in Riverdale Municipality, as indicated on zoning maps
contained in Schedule "A" of this By-law.
1.3
This Zoning By-law regulates the use and development of land in the municipality and
includes requirements for development in each zone, such as siting and setback standards,
as established in this By-law.
1.4
This Zoning By-law regulates:
(a)
The construction, erection, alteration, enlargement or placing of buildings and
structures; and
(b)
The establishment, alteration or enlargement of uses of land, buildings and
structures.
1.5
No land, building or structure shall be used or occupied, and no building or structure shall be
constructed, erected, altered, enlarged or placed, except in accordance with this By-law, and
only after all required permits have been obtained by the owner.
1.6
Whenever a provision of a law or regulation of the provincial or federal government contains
a restriction governing the same subject matter contained in this By-law, or imposes
contradictory regulations with respect to uses, buildings or structures, the most restrictive or
highest standard shall prevail.
1.7
Nothing in this By-law, or in a development permit, approval of a conditional use or variation
order, or other approval issued under this By-law or the Planning Act, shall be construed as
authorization to establish any land use which is not compatible with adjacent development
and the surrounding area or which is not consistent with applicable land use by-laws (i.e.
development plan, zoning by-law, or secondary plan).
1.8
By-law No. 2016-12 is the first municipal zoning By-law enacted by Riverdale Municipality.
Prior to municipal amalgamation which became effective on January 1, 2015, the former
Rural Municipality of Daly and Town of Rivers each relied on municipal planning schemes
dating from 1961 to regulate the use and development of land in each municipality.
2
PART 2: GENERAL REGULATIONS GOVERNING LAND
USES, BUILDINGS AND STRUCTURES
Use of Land
2.1
Subject to Section 2.4 and 2.5 of this PART, no land, building or structure shall be
constructed, enlarged, placed, used or occupied except for a land use which:
(a)
Is listed in the Use and Bulk Tables which apply to such land, building or structure
as:
(i)
a permitted use;
(ii)
a conditional use, subject to approval as such;
(b)
Is a permitted or conditional accessory use; or
(c)
Is a use eligible for approval by variation order pursuant to The Planning Act (for
example, a use not listed, but substantially similar to a permitted or conditional use in
a specific zone).
2.2
Where land or a building or structure is used for more than one purpose, all provisions of this
By-law relating to each use shall be satisfied. If there is a conflict, the higher or more stringent
requirement shall apply.
2.3
There shall be a maximum of one (1) dwelling unit per site or parcel of land, except for the
following:
(a)
Farm dwelling(s) which are required by employees or family members, who in the
opinion of Council, will be actively involved in an agricultural operation,
(b)
Two-unit dwellings or multiple-unit dwellings or mobile home or RV parks as provided
for in this By-law, and
(c)
Where secondary suites are permitted as an accessory use.
Existing Uses, Buildings and Structures
2.4
An existing use, building or structure which was established prior to the adoption of this By-
law and which is provided for as a permitted use, building or structure by this By-law shall
be allowed to continue to exist, and may be enlarged or expanded, may be changed to
another permitted use, or may be replaced if destroyed subject to the following:
(a)
All lawfully constructed buildings, structures and uses existing at the effective date of
this By-law as provided for above, are deemed to conform to the bulk requirements
of the zone in which the buildings or structures are situated.
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(b)
The enlargement, expansion, change in use, or replacement of existing buildings,
structures or uses shall conform to all requirements of this By-law and may be subject
to the issuance of a Development Permit and/or Building Permit, and;
2.5
An existing use, building or structure which was established prior to the adoption of this By-
law, and which is classified as a conditional use under this By-law, shall be deemed to be
an existing approved conditional use, building or structure and shall be allowed to continue
to exist, may be converted to a permitted use, or may be replaced if destroyed, provided that
the replacement does not increase the intensity of the previously existing use subject to the
following:
(a)
Where an existing conditional use is converted to a permitted use, the change in use
or replacement shall be subject to the issuance of a Development Permit and/or
Building Permit, and shall conform with all requirements of this By-law; and
(b)
Where an expansion of an existing conditional use, or changing to another conditional
use is proposed, these changes shall require approval of Council following a
conditional use hearing, in accordance with PART 7 of this By-law.
NOTE: In respect of PART 2, Sections 2.4 and 2.5 (above), see also PART 3, Section 3.2 Bulk
and Yard Requirements of this By-law for additional information.
Non-Conforming Uses
2.6
An existing use, building or structure which is not provided for as a permitted or conditional
use, building or structure by this By-law, shall be considered as a non-conforming use,
building or structure, and shall be subject to the provisions of The Planning Act governing
non-conformities:
(a)
A non-conforming use shall be allowed to continue to exist, and may be converted to
a permitted use;
(b)
A non-conforming use may be intensified (except for a variance to increase the
number of animal units in a non-conforming livestock operation), but shall not be
changed to a different non-conforming use;
(c)
A non-conforming use shall not be re-established if it is discontinued for a period in
excess of one (1) year. A change in ownership or tenancy of a non-conforming use
shall not affect the non-conforming status.
(d)
A non-conforming building or structure shall not be re-established if it is removed or
destroyed above the foundation by more than fifty (50) percent of its replacement
value; and
(e)
Other provisions of The Planning Act governing non-conforming uses, buildings and
structures apply, including a provision which enables Council to consider variation
orders in situations where non-conformities are proposed to be altered, including the
authorization of building repairs or time extensions for an additional 12 months.
4
Permitted Uses
2.7
Where a use, building or structure is provided for as a permitted use by this By-law, the owner
shall normally be entitled to establish, expand or enlarge the use, building or structure,
subject to the issuance of a Development Permit and/or Building Permit, and provided that
the use, building or structure complies with all requirements of this By-law.
Conditional Uses
2.8
The classification of specific land uses as a conditional use is intended to provide for a special
process of review (including a public hearing) and Council approval for certain types of
development which, due to their inherent characteristics, may have potential adverse impacts
on existing development or resources located nearby.
2.9
Where a use, building or structure is provided for as a conditional use by this By-law, the
establishment, enlargement or expansion of the use, building or structure shall be subject to
the specific requirements of The Planning Act pertaining to conditional uses and PART 7 of
this By-law and the issuance of a Development Permit and/or Building Permit.
Similar Land Uses
2.10
Land uses which are not listed in the use and bulk tables in PART 5 of this By-law, but are
substantially similar to either a permitted or conditional use listed in the zone in which it is
located, may be eligible for approval by variation, without an amendment to this By-law,
provided that:
(a)
The proposed land use is similar in type, size, and impact on surrounding land uses,
(b)
The proposed development is compatible with existing development in the area (i.e.
a commercial use in a commercial area),
(c)
The approval of such land uses would not create a hardship for neighbours or the
municipality, and
(d)
The proposed land use and development can meet all other requirements in this By-
law.
5
General Provisions for Accessory Uses, Buildings and Structures Applicable in
ALL Zones
2.11
Except as provided under Section 2.12 (below) of this PART, no accessory use shall be
established, and no accessory building or structure shall be constructed or erected, prior to
the establishment of the principal use of land, building or structure to which it is accessory
(see definition of "accessory" in PART 9, Section 9.2 of this By-law).
2.12
An accessory garage or storage building may be constructed or erected for the purpose of
storage of materials and equipment for use during construction of the principal building,
provided that a Development Permit and Building Permit has first been obtained for the
principal building.
2.13
An accessory use, building or structure may be treated as a permitted or conditional
accessory building, structure or use that is accessory to a permitted or conditional principal
use; however, in the case of a use which is accessory to a conditional use, building or
structure, said accessory use shall not be located or constructed on the site prior to review
and approval of the conditional use to which the accessory use is being proposed in
accordance with PART 7 of this By-law.
2.14
A use identified as being a conditional use in the zone in which it is located cannot be
accessory to a use listed as a permitted use for the same zoning district.
2.15
Where an accessory building or structure is attached to a principal building or structure by
means of a foundation, wall or roof, it shall be deemed to be part of the principal building or
structure and it shall conform with all requirements of this By-law applicable to the principal
building or structure.
2.16
Detached accessory buildings or structures shall not be located in any required front yard of
the principal use, except as may be provided for elsewhere in this By-law.
2.17
All detached accessory buildings shall be located a minimum of ten (10) feet from the
principal building located on the same zoning site unless specified otherwise in PART 5 of
this by-law.
2.18
In no instance shall an accessory building or structure be located within the boundaries of a
dedicated easement or right-of-way.
2.19
Accessory buildings and structures proposed to be located within the established control
areas adjacent to a provincial highway may require a permit from the provincial authority
having jurisdiction.
2.20
Permitted accessory buildings, structures and uses include the following in ALL ZONES:
(a)
Private sewage disposal systems (subject to approval by the provincial authority
having jurisdiction) and private water supply wells.
6
2.21
In the "R/A" RURAL / AGRICULTURE ZONE, the following shall be treated
as:
"R/A" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
(i)
Farm dwellings, including a single-unit dwelling or a mobile or modular home, when
located on the same parcel of land as the principal specialized or general agricultural
use or a livestock operation as defined in PART 9 of this by-law;
(ii)
Incinerators and solid fuel burning appliances, subject to the approval of the provincial
authority having jurisdiction (where required) and satisfying the requirements of the
Municipality's Building By-law;
(iii)
Staff dwellings (to include single-family dwellings, multiple-family dwellings,
dormitories and mobile homes) when located on the same zoning site as a permitted
or conditional general or specialized agricultural use including a livestock operation;
(iv)
Agricultural buildings or structures needed for the operation and maintenance of a
permitted or conditional specialized or general agricultural use or livestock operation;
(v)
Storage of goods used in or produced by agricultural activities when located on the
same parcel with such activities, unless such storage is excluded by the zoning district
requirements of PART 5 of this by-law;
(vi)
Privately owned non-commercial wind turbines located on the same site and in direct
support of either a permitted or conditional specialized or general agricultural
operation, livestock operation or non-farm residential use shall be allowed in all
agricultural zones as a permitted accessory structure and shall require approval by
the municipality through the issuance of a Development Permit. Where a private
land owner is producing power in excess of his/her personal needs, they may be able
to sell this excess renewably produced power to Manitoba Hydro through an
agreement with the utility;
a)
All privately owned non-commercial wind turbine tower structures shall be
setback from all property lines of the site on which it is located a minimum
distance equal to 1.1 times its total height, measured from the ground to the
uppermost point of the extension of its rotors.
(vii)
A privately owned non-commercial telecommunications tower used to support
ancillary devices such as but not limited to citizens band radio, television or internet
service which is located on the same site and in direct support of either a permitted
or conditional general or specialized agricultural use including a livestock operation
and non-farm residential uses shall be set back from all property lines of the site on
which it is located a minimum distance equal to 1.1 times its total height, measured
from the ground to the uppermost point of its extension.
(viii)
In all agricultural zone(s), all signs under 32 square feet in surface area shall be a
treated as a permitted accessory use and all signs regardless of their size shall be
set back a minimum of three (3) feet from any property line or in the case of a corner
7
site, a minimum of twenty-five (25) feet from any street side of the site. No sign shall
be erected or altered which would interfere with, or obstruct the view of, or be
confused with any authorized traffic indicator, signal or device. See also PART 3,
Section 3.25 of this By-law for additional information pertaining to signs.
(ix)
A children's playhouse, garden house, gazebo and children's shelter at a school bus
stop;
(x)
A private garage including portable/fabric shelters, carport, covered patio, tool house,
shed and other similar buildings for storage of domestic equipment and supplies;
(xi)
Home daycare and group daycare;
(xii)
Home-based businesses when developed in accordance with PART 6, Section 6.1
of this By-law;
(xiii)
Swimming Pools (See PART 3, Section 23 of this By-law) and note additional public
safety requirements for approval under the Municipality's Building By-law).
(xiv)
The keeping of a small amount of livestock and the development of an animal housing
facility located on small rural land holding such as a "riding academy and stable" or a
single "non-farm dwelling" site shall be allowed as a permitted accessory use in all
agricultural zones. In such circumstances, each site shall be allowed to
accommodate a maximum of up to nine (9) animal units (cumulative across species)
as calculated from Table 6-1 of PART 6 of this By-law and shall be subject to the
following additional requirements:
1)
a)
The animal housing facility and any manure stored onsite shall be
separated a minimum distance of five hundred (500) feet (152.4
meters) from the limits of all "GD" - General Development Zones,
"RR" - Rural Residential Zones, "SR" Seasonal Recreation
Zones and the limits of the communities of Rivers, Wheatland
and Bradwardine. Said animal housing facilities shall also be set
back three hundred and twenty-eight (328) feet (100m) away from all
residences other than the owner's residence located on the same site
as the animal housing facility and any manure stored onsite, adjacent
motels, restaurants and community buildings. In addition, all animal
housing facilities and any manure stored onsite shall be setback a
minimum of 125 feet from all public roads and seventy-five (75) feet
from the side and rear limits of the property on which they are sited.
b)
The maximum amount of livestock which may be kept within a small
rural land holding such as a riding academy and stables or single non-
farm dwelling site shall not exceed 1.33 Animal Units (AU) per two (2)
acres of site area, to a maximum of nine (9) Animal Units (cumulative
across species).
2)
Notwithstanding subsection 1) b) (above), where a conditionally approved
riding academy and stables proposes to keep ten (10) or more animal units
(cumulative across species), they shall be deemed to be a "livestock
operation" as defined in PART 9 of this by-law and shall be subject to the
8
use and site requirements for a "livestock operation" as set out in TABLE
5.1 of PART 5 of this By-law as well as the requirements of PART 6 of this
By-law.
(xv)
In the R/A Rural / Agriculture Zone, an accessory shipping container as defined in
PART 9 of this by-law may be developed as a permitted accessory building only
when it is located on the same site as a permitted or conditional approved general or
specialized agricultural activity, livestock operation, farm or non-farm dwelling site and
in all cases it shall be located to the rear of the principal dwelling on the site. All
accessory shipping containers as provided for herein shall be subject to the issuance
of a Development Permit and must meet all other requirements of the zoning by-law,
Manitoba Building Code and Manitoba Fire Code (where applicable).
(xvi)
In the R/A Rural / Agriculture Zone, an accessory tent-like structure as defined in
PART 9 of this by-law may be developed as a permitted accessory building only
when it it is located on the same site as a permitted or conditional general or
specialized agricultural activity, livestock operation, farm or non-farm dwelling site. All
accessory tent-like structures greater than one-hundred and eight (108) square feet
shall be subject to the issuance of a Development Permit.
(xvii)
In the R/A Rural / Agriculture Zone, an accessory religious institution which is
located on the same site and in direct support of either a permitted or conditional
agricultural activity or livestock operation may be developed and shall be treated as
a permitted accessory structure.
"R/A" ZONE - CONDITIONAL ACCESSORY USES, BUILDINGS AND STRUCTURES
shall include the following:
i)
All newly siting accessory farm-based air landing strips and their related storage
facilities but only when they are located on and forming part of a permitted or
conditional agricultural operation subject to the following additional requirements:
a)
The minimum parcel size required for a permitted or conditional agricultural
operation wanting to develop an accessory farm-based air land strip and its
associated storage facilities shall be 80 acres and the site shall have a
minimum width of one-thousand (1,000) feet;
b)
The accessory farm-based air landing strip and any related storage facilities
shall be setback a minimum of 300 feet from all property lines of the site on
which it is located;
c)
No newly siting accessory farm-based air landing strip and any related storage
facilities shall be developed within 1 mile of the limits of all urban communities
(Rivers, Wheatland and Bradwardine), General Development Zones, "RR" -
Rural Residential Zone(s) and "SR" - Seasonal Recreation Zone(s).
d)
Existing farm-based air landing strips and their related storage facilities which
do not comply with the minimum use and bulk and siting and setback
requirements as set out in this section shall be deemed to be an approved
9
conditional accessory use as they existed on the date of the adoption of this by-
law.
e)
Notwithstanding anything in this By-law, all accessory farm-based air landing
strips and their related storage facilities shall be subject to Transport Canada
requirements and/or recommended guidelines (where applicable) and it shall
be the responsibility of the proponent to investigate the need for any required
permits, approval or licenses as may be required from Transport Canada.
ii)
Not more than one secondary suite as defined in PART 9 of this by-law may be
developed as a conditional accessory use and only when it is located on the same
zoning site and is located within and/or forming part of either an existing or newly
proposed permitted or conditional agricultural operation or non-farm dwelling site.
Notwithstanding the siting and setback requirements for "accessory uses" as
provided for in Table 5.1 of PART 5 of this By-law, all secondary suites shall satisfy
all of the siting and setback requirements that are applicable to the principal dwelling
within which the secondary suite is to be developed and all secondary suites shall not
exceed 50% of the total habitable floor space of the principal dwelling in which it is
developed. In all cases, where a secondary suite is being proposed, the principal
dwelling in which the secondary suite is being proposed shall be occupied by the
owner of the property. It shall be the responsibility of the proponent to consult with
the provincial authorities having jurisdiction prior to construction to determine the
suitability of the site to support the secondary suite and determine the need for any
provincial permits, approvals or licenses as may be required associated with new or
expanded or modified on-site wastewater collection and drinking water systems
and/or the provision of hydro and/or telephone services.
iii)
In the R/A Rural Agriculture Zone, all signs greater than 32 square feet in surface
area shall require conditional approval as an accessory structure and all signs
regardless of their size shall be set back a minimum of three (3) feet from any property
line or in the case of a corner site, a minimum of twenty-five (25) feet from any street
side of the site. No sign shall be erected or altered which would interfere with, or
obstruct the view of, or be confused with any authorized traffic indicator, signal or
device. (See PART 3, Section 3.25 of this By-law for additional information
pertaining to signs);
2.22
In the "GD" GENERAL DEVELOPMENT ZONE, the following shall be
treated as:
"GD" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
A children's playhouse, garden house, private greenhouse, private conservatory and
private swimming pool when located on the same zoning site as a residential use;
ii)
A private garage, carport, covered patio, porch, tool house, shed or other similar
additions and structures when located on the same zoning site as a residential use;
10
iii)
Home-based businesses when developed in accordance with PART 6, Section 6.1
of this by-law;
iv)
A privately owned non-commercial telecommunications tower used to support
ancillary devices such as but not limited to citizens' band radio, television or internet
service which is located on the same site and in direct support of either a permitted
or conditional use.
v)
Structures for the operation, maintenance and administration of, or incidental to, a
permitted parks and recreational use.
vi)
A dwelling or mobile home located to the side or rear of the principal building for a
watchman or caretaker whose presence on a permitted or conditional commercial or
industrial site is necessary at all times;
vii)
Dwelling units, apartments or suites, when incidental to, and located above and/or to
the rear of a permitted or conditional commercial use;
viii)
Retail outlets incidental to another permitted or conditional industrial or commercial
use;
ix)
Storage of goods, including buildings and structures in which said goods are stored,
used in or produced by, manufacturing activities, unless such storage is excluded by
the zone regulations;
x)
The production, processing, cleaning, servicing, altering, testing, repair or storage of
merchandise normally incidental to a business of personal service or mercantile
occupancy if conducted by the same ownership as the principal use;
xi)
Accessory off-street parking (See PART 3, Section 38 of this By-law);
Signs
xii)
All Signs in the "GD" - General Development Zone with less than 32 square feet
of total sign surface area shall be treated as permitted accessory structures and all
signs regardless of their sign surface area shall be set back a minimum of 5 feet from
any property line and in the case of a corner site, all signs shall be set back a minimum
of 10 feet from the street side of the site. (See PART 3, Section 3.25 of this By-law
for additional information pertaining to signs);
a)
No sign shall be erected which shall interfere with or obstruct the view
of, or be confused with any authorized traffic indicator, signal or
device.
"GD" ZONE - CONDITIONAL ACCESSORY USES, BUILDINGS AND STRUCTURES
shall include the following:
i)
Not more than one secondary suite as defined in PART 9 of this by-law may be
developed as a conditional accessory use and only when it is located on the same
zoning site and is located within and/or forming part of either an existing or newly
11
developed single-unit dwelling or modular home. Notwithstanding the siting and
setback requirements for "accessory uses" as provided for in Table 5.2 of PART 5 of
this By-law, all secondary suites shall satisfy all of the siting and setback requirements
that are applicable to the principal dwelling within which the secondary suite is to be
developed and all secondary suites shall not exceed 50% of the total habitable floor
space of the principal dwelling in which it is developed. In all cases, where a
secondary suite is being proposed, the principal dwelling in which the secondary suite
is being proposed shall be occupied by the owner of the property. It shall be the
responsibility of the proponent to consult with the provincial authorities having
jurisdiction prior to construction to determine the suitability of the site to support the
secondary suite and determine the need for any provincial permits, approvals or
licenses as may be required associated with new or expanded or modified on-site
wastewater collection and drinking water systems and/or the provision of hydro and/or
telephone services.
ii)
Incinerators and solid fuel burning appliances when secondary to an existing or newly
proposed industrial use, subject to the approval of provincial authorities having
jurisdiction and satisfying the requirements of the Municipality's Building by-law;
Signs
iii)
All Signs in the "GD" - General Development Zone with more than 32 square feet
of total sign surface area shall require conditional approval and all signs regardless
of their sign surface area shall be set back a minimum of 5 feet from any property line
and in the case of a corner site, all signs shall be set back a minimum of 10 feet from
the street side of the site. (See PART 3, Section 3.25 of this By-law for additional
information pertaining to signs);
"GD" ZONE - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Any sign which shall interfere with or obstruct the view of, or be confused with any
authorized traffic indicator, signal or device.
2.23
In the "RR" RURAL RESIDENTIAL ZONE, accessory buildings, structures
and uses include the following:
"RR" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
A children's playhouse, garden house, private greenhouse, private conservatory and
private swimming pool when located on the same zoning site as a residential use;
ii)
A private garage, carport, covered patio, porch, tool house, shed or other similar
additions and structures when located on the same zoning site as a residential use;
iii)
A privately owned non-commercial telecommunications tower used to support
ancillary devices such as but not limited to citizens' band radio, television or internet
12
service which is located on the same site and in direct support of either a permitted
or conditional use.
iv)
Home-based businesses when developed in accordance with PART 6, Section 6.1
of this By-law;
v)
Signs
a)
Identification and business signs such as real estate signs and identification
signs for cottages and single and multi-family dwellings providing there is no
more than one non-illuminated sign not exceeding two square feet in sign
surface area per zoning site;
"RR" ZONE - CONDITIONAL ACCESSORY USES, BUILDINGS AND STRUCTURES
shall include the following:
i)
Not more than one secondary suite as defined in PART 9 of this by-law may be
developed as a conditional accessory use and only when it is located on the same
zoning site and is located within and/or forming part of either an existing or newly
proposed single-unit dwelling or modular home.
a)
Notwithstanding the siting and setback requirements for "accessory uses" as
provided for in Table 5.3 of PART 5, all secondary suites shall satisfy all of the
siting and setback requirements that are applicable to the principal dwelling
within which the secondary suite is to be developed and the secondary suite
shall not exceed 50% of the total habitable floor space of the principal dwelling
in which it is developed. In all cases, where a secondary suite is being
proposed, the principal dwelling in which the secondary suite is being proposed
shall be occupied by the owner of the property. It shall be the responsibility of
the proponent to consult with the provincial authorities having jurisdiction prior
to construction to determine the suitability of the site to support the secondary
suite and determine the need for any provincial permits, approvals or licenses
as may be required associated with new or expanded or modified on-site
wastewater collection and drinking water systems and/or the provision of hydro
and/or telephone services.
ii)
Accessory tent-like structures in the "RR" Rural Residential Zone as defined in
PART 9 of this by-law may be allowed as a conditional accessory structure but only
when it is located on the same site as a single family, modular, mobile home and in
all cases it shall be located to the rear of the principal dwelling on the site. All
accessory tent-like structures between one hundred and eight (108) square feet (10
sq/m) and two hundred and fifty (250) square feet (23.2sq/m) shall be subject to the
issuance of a Development Permit and must meet all other requirements of the zoning
by-law. Accessory tent-like structures exceeding two-hundred and fifty (250) square
feet (23.2sq/m) shall be subject to the issuance of a Development Permit and Building
Permit and must meet all other requirements of the zoning by-law.
iii)
The keeping of a small amount of livestock and the development of an animal housing
facility may be allowed as a conditional accessory use to a single-unit dwelling, mobile
or modular home in the "RR" Rural Residential Zone. In such circumstances, the
maximum amount of livestock which may be kept on a rural residential site shall not
13
exceed 1.33 Animal Units (AU) per two (2) acres of site area as calculated from Table
6-1 of PART 6 of this by-law, to a maximum of four (4.0) Animal Units (cumulative
across species) and shall be subject to the following additional requirements:
a)
The animal housing facility and any manure stored onsite shall be separated a
minimum distance of two hundred (200) feet (61m) away from all residences
other than the owner's residence located on the same site as the animal
housing facility and any manure stored onsite. In addition, any manure stored
onsite shall be setback a minimum of thirty (30) feet (9.15m) from the side and
rear limits of the property on which they are sited and shall also stored to the
rear of the dwelling on the site.
Signs
iv)
Bulletin board and identification signs for a non-residential building, structure or use
or part thereof may be allowed as a conditional accessory structure and shall be
limited to one non-illuminated sign which does not exceed 18 square feet in sign
surface area.
"RR" ZONE - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Advertising signs are prohibited in the "RR" Rural Residential Zone.
2.24
In the "SR-1 and SR2" SEASONAL RECREATION ZONES,
accessory buildings, structures and uses include the following:
"SR-1" AND "SR-2" ZONE(S) - PERMITTED ACCESSORY USES, BUILDINGS AND
STRUCTURES shall include the following:
i)
A children's playhouse, garden house, private greenhouse, private conservatory and
private swimming pool when located on the same zoning site as a residential or
cottage use;
ii)
A private garage, carport, covered patio, porch, tool house, shed or other similar
additions and structures when located on the same zoning site as a residential or
cottage use;
iii)
An accessory telecommunication tower used to support ancillary devices such as but
not limited to citizens' band radio, television or internet service which is located on the
same site and in direct support of a principal residential use of a site and shall be
treated as a permitted accessory structure.
14
iv)
Identification, business, direction signs or real estate signs for cottages and single
and two-family or multi-family dwellings providing there shall be no more than one
non-illuminated sign per zoning site not exceeding two square feet in sign surface
area;
v)
Building, structure or use accessory and incidental to a permitted or conditional
commercial uses, including boat docks;
vi)
Accessory off-street parking;
vii)
Home-based businesses when developed in accordance with PART 6, Section 6.1
of this by-law;
"SR-1" AND "SR-2" ZONE(S) - CONDITIONAL ACCESSORY USES, BUILDINGS AND
STRUCTURES shall include the following:
i)
Not more than one secondary suite as defined in PART 9 of this by-law may be
developed as a conditional accessory use and only when it is located on the same
zoning site and is located within and/or forming part of either an existing or newly
proposed single-unit dwelling or modular home.
a)
Notwithstanding the siting and setback requirements for "accessory uses" as
provided for in Table(s) 5.4 and 5.5 of PART 5 of this By-law, all secondary
suites shall satisfy all of the siting and setback requirements that are applicable
to the principal dwelling within which the secondary suite is to be developed
and the secondary suite shall not exceed 50% of the total habitable floor space
of the principal dwelling in which it is developed. In all cases, where a
secondary suite is being proposed, the principal dwelling in which the
secondary suite is being proposed shall be occupied by the owner of the
property. It shall be the responsibility of the proponent to consult with the
provincial authorities having jurisdiction prior to construction to determine the
suitability of the site to support the secondary suite and determine the need for
any provincial permits, approvals or licenses as may be required associated
with new or expanded or modified on-site wastewater collection and drinking
water systems and/or the provision of hydro and/or telephone services.
ii)
Bulletin board and identification signs for a non-residential building, structure or use
or site or use part thereof shall be limited to one non-illuminated sign not exceeding
18 square feet in sign surface area.
iii)
Accessory tent-like structures in the "SR-1" and SR-2" Seasonal Residential
Zone(s) as defined in PART 9 of this by-law may be allowed a conditional accessory
structure only when it is located on the same site as a single family, modular, mobile
home and in all cases it shall be located to the rear of the principal dwelling on the
site. All accessory tent-like structures between one hundred and eight (108) square
feet (10 sq/m) and two hundred and fifty (250) square feet (23.2sq/m) shall be subject
to the issuance of a Development Permit and must meet all other requirements of the
zoning by-law. Accessory tent-like structures exceeding two-hundred and fifty (250)
square feet (23.2sq/m) shall be subject to the issuance of a Development Permit and
Building Permit and must meet all other requirements of the zoning by-law.
15
iv)
Staff dwellings when located on the same zoning site and in association with a
commercial use. Said staff dwellings must be located in the side or rear yard of the
principal commercial use of the zoning site.
v)
Where an animal housing facility is proposed on a site with a single-family dwelling,
mobile or modular home as its principal use, the animal housing facility may be
allowed as a conditional accessory use but only in the "SR-2" Seasonal Recreation
Zone. In such circumstances, the maximum amount of livestock which may be kept
on a rural residential site shall not exceed 1.33 Animal Units (AU) per two (2) acres
of site area as calculated from Table 6-1 of PART 6 of this by-law, to a maximum of
four (4.0) Animal Units (cumulative across species) and shall be subject to the
following additional requirements:
a)
The animal housing facility and any manure stored onsite shall be separated a
minimum distance of two hundred (200) feet (61m) away from all residences
other than the owner's residence located on the same site as the animal
housing facility and any manure stored onsite. In addition, any manure stored
onsite shall be setback a minimum of thirty (30) feet (9.15m) from the side and
rear limits of the property on which they are sited and shall also stored to the
rear of the dwelling on the site.
2.25
In the "MR" INDUSTRIAL RURAL ZONE, accessory buildings, structures
and uses include the following:
"MR" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Accessory Shipping Containers
An accessory shipping container as defined in PART 9 of this By-law, may be sited
as a permitted accessory structure but only when it is located on the same parcel as
the permitted or conditional industrial use to which it is accessory. All accessory
shipping containers as provided for herein shall be subject to the issuance of a
Development Permit and must meet all other requirements of the zoning by-law,
Manitoba Building Code and Manitoba Fire Code (where applicable).
ii)
Accessory Tent Like Structures
An "accessory tent-like structure" as defined in PART 9 of this By-law provided it is
located on the same parcel as the industrial use to which it is accessory. All
accessory tent-like structures between one hundred and eight (108) square feet and
two-fifty (250) square feet shall be subject to the issuance of a Development Permit
and must meet all other requirements of the zoning by-law. Accessory tent-like
structures exceeding two-hundred and fifty (250) square feet shall be subject to the
issuance of a Development Permit and Building Permit and must meet all other
requirements of the zoning by-law.
16
iii)
Accessory Dwelling Unit
Attached or detached accessory dwelling units shall be allowed as permitted
accessory uses but only when they are located within or are accessory to an industrial
building where there is industrial activity conducted in the front portion of the ground
floor. Accessory dwelling unit(s) within or accessory to an industrial building shall be
located in the rear portion of the ground floor and/or or on the 2nd or 3rd floor(s) or in
the case of detached accessory dwelling unit(s), located to the rear of the principal
building on the zoning site to which it is accessory. In all cases, said accessory
dwelling unit(s) are intended for occupancy by the owner and or employee(s) of the
industrial business located on the same zoning site, the operator of the industrial
enterprise, a watchman or caretaker and his/her family
iv)
Accessory Telecommunications Towers
An accessory telecommunication tower used to support ancillary devices such as but
not limited to citizens' band radio, television or internet service which is located on the
same site and in direct support of either a permitted or conditional industrial use.
Notwithstanding the siting and setback requirements for Accessory Uses Buildings
and Structures as set forth in Table 5.6 of PART 5 of this By-law, all accessory
telecommunication tower structures shall be set back from all property lines of the site
on which it is located a minimum distance equal to its total height, measured from the
ground to the uppermost point of its extension.
v)
All Signs in the "MR" - Industrial Rural Zone with less than 32 square feet of total
sign surface area shall be treated as permitted accessory structures. Notwithstanding
the siting and setback requirements for accessory uses, buildings and structures as
set forth in Table 5.6 of Part 5 of this By-law, all signs with less than 32 square feet
of total sign surface area shall be set back a minimum of 5 feet from any property line
and in the case of a corner site, all signs shall be set back a minimum of 10 feet from
the street side of the site. (See PART 3, Section 3.25 of this By-law for additional
information pertaining to signs);
"MR" ZONE - CONDITIONAL ACCESSORY USES, BUILDINGS AND STRUCTURES
shall include the following:
i)
All Signs in the "MR" - Industrial Rural Zone with more than 32 square feet of total
sign surface area shall require conditional approval. Notwithstanding the siting and
setback requirements for accessory uses, buildings and structures as set forth in
Table 5.6 of Part 5 of this By-law all signs with more than 32 square feet of total
sign surface area shall be set back a minimum of 5 feet from any property line and in
the case of a corner site, all signs shall be set back a minimum of 10 feet from the
street side of the site. (See PART 3, Section 3.25 of this By-law for additional
information pertaining to signs);
"MR" ZONE - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Any sign which shall interfere with or obstruct the view of, or be confused with any
authorized traffic indicator, signal or device.
17
2.26
In the "RG" and "RE" RESIDENTIAL ZONES, accessory buildings,
structures and uses include the following:
"RG" AND "RE" ZONE(S) - PERMITTED ACCESSORY USES BUILDINGS AND
STRUCTURES shall include the following:
i)
Home-based businesses when developed in accordance with PART 6, Section 6.1
of this By-law;
ii)
Signs
Notwithstanding the requirements for accessory buildings, structures and uses in
Table 5.7 and 5.8 of PART 5 of this By-law, the following requirements shall apply
to all residential uses in the "RG" zone and "RE" on which signs are placed as
accessory structures:
a)
For a single-family dwelling, two-family dwelling or mobile home, one (1)
identification sign not exceeding one decimal five (1.5) square feet in sign
surface area shall be permitted. On a corner site, one (1) identification sign
facing each street shall be permitted;
b)
Notwithstanding the requirements for accessory buildings, structures and uses
in Table 5.7 and 5.8 of PART 5 of this By-law, the following requirements
shall apply to all non-residential uses in the "RG" and "RE" Zone(s) on which
signs are placed as accessory structures:
i)
One freestanding identification sign not exceeding five (5) square feet in
sign surface area, indicating only the name and address of the building,
and the name, address and telephone number of the landlord or leasing
agent. Said sign shall not project higher than fifteen (15) feet above the
average level of the ground, and shall not obstruct the light or view from
a window of a habitable room;
ii)
One (1) identification facia sign, not exceeding five (5) square feet in sign
surface area, indicating only the name and address of the building; on a
corner site, two (2) such signs, one (1) facing each street, may be
permitted;
iii)
One (1) bulletin board per site, not exceeding fifteen (15) square feet in
sign surface area; said sign shall not project higher than fifteen (15) feet
above the level of the ground;
iv)
One (1) area identification sign which is a sign that identifies a specific
residential area, provided approval for design, location, maintenance and
erection are granted by the Council;
v)
One (1) non-illuminated business facia sign per approved business use,
excluding home occupations, not exceeding thirty-two (32) square feet in
sign surface area, indicating only the name and address of the business
and building; on a corner site, two (2) such signs, one facing each street,
may be permitted; and
18
vi)
Illuminated mobile signs used for advertising or business purposes are
prohibited in any residential zone.
"RG" AND "RE" ZONE(S) - CONDITIONAL ACCESSORY USES, BUILDINGS AND
STRUCTURES shall include the following:
i)
Not more than one secondary suite as defined in PART 9 of this by-law may be
developed as a conditional accessory use only in the "RE" Residential Estate Zone
and only when it is located on the same zoning site and is located within and/or forming
part of either an existing or newly proposed single-unit dwelling.
"RG" AND "RE" ZONE(S) - PROHIBITED ACCESSORY USES, BUILDINGS AND
STRUCTURES shall include the following:
Signs
i)
Signs which incorporate in any manner visible, flashing, scintillating or animated
components are prohibited;
ii)
Advertising signs are prohibited in all Residential Zones.
iii)
Any sign which shall interfere with or obstruct the view of, or be confused with any
authorized traffic indicator, signal or device.
2.27
In the "C" COMMERCIAL ZONE, accessory buildings, structures and uses
include the following:
"C" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Accessory Shipping Containers
An "accessory shipping container" as defined in PART 9 of this by-law, may be
sited as a permitted accessory structure but only when it is located on the same
parcel as the permitted or conditional commercial use to which it is accessory. All
accessory shipping containers as provided for herein shall be subject to the
issuance of a Development Permit and must meet all other requirements of the
zoning by-law, Manitoba Building Code and Manitoba Fire Code (where
applicable).
ii)
Accessory Tent Like Structures
An "accessory tent-like structure" as defined in PART 9 of this by-law provided it
is located on the same parcel as the commercial use to which it is accessory. All
accessory tent-like structures between one hundred and eight (108) square feet
and two-fifty (250) square feet shall be subject to the issuance of a Development
Permit and must meet all other requirements of the zoning by-law. Accessory
19
tent-like structures exceeding two-hundred and fifty (250) square feet shall be
subject to the issuance of a Development Permit and Building Permit and must
meet all other requirements of the zoning by-law.
iii)
Accessory Caretaker / Watchman's Dwelling Unit
One (1) attached or detached caretaker / watchman's accessory dwelling unit
may be developed as a permitted accessory use but only when located on the
same parcel as the principal commercial use of the property. The caretaker /
watchman's accessory dwelling unit must in all cases satisfy all of the siting and
setback requirements applicable to the principal use of the property and meet all
other requirements of this by-law (including parking), the Manitoba Building Code
and Manitoba Fire Code (where applicable). The minimum dwelling unit floor
area for the accessory dwelling unit shall be six hundred (600) sq/ft (55.7sq/m).
When the accessory caretaker / watchman's dwelling unit is located within the
principal building, it shall in all cases be located above and/or behind the principal
commercial use of the building.
iv)
Accessory apartments / suites
Accessory apartments / suites may be developed as a permitted accessory use
but only when located on the same parcel as the principal use commercial use of
the property. The accessory apartments / suites must in all cases be located
within the principal building behind and /or above the principal commercial use of
the building and satisfy all of the siting and setback requirements applicable to the
principal use of the property and meet all other requirements of this by-law
(including parking), the Manitoba Building Code and Manitoba Fire Code (where
applicable). The minimum dwelling unit floor area for each accessory apartment
and or suite shall be four hundred (400) sq/ft (37.2 sq/m).
v)
Accessory Telecommunications Towers
An accessory telecommunication tower used to support ancillary devices such as
but not limited to citizens' band radio, television or internet service which is located
on the same site and in direct support of either a permitted or conditional
commercial use. Notwithstanding the siting and setback requirements for
Accessory Uses Buildings and Structures as set forth in Table 5.9 of PART 5 of
this By-law, all accessory telecommunication tower structures shall be set back
from all provincial highways and property lines of the site on which it is located a
minimum distance equal to its total height, measured from the ground to the
uppermost point of its extension.
vi)
All Signs in the "C" - Commercial Zone with less than 32 square feet of total
sign surface area shall be treated as permitted accessory structures.
Notwithstanding the siting and setback requirements for accessory uses,
buildings and structures as set forth in Table 5.9 of Part 5 of this By-law, all
signs with less than 32 square feet of total sign surface area shall be set back a
minimum of 5 feet from any property line and in the case of a corner site, all signs
shall be set back a minimum of 10 feet from the street side of the site. See PART
3, Section 3.25 of this By-law for additional information pertaining to signs);
20
"C" ZONE - CONDITIONAL ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
All Signs in the "C" - Commercial Zone with more than 32 square feet of total sign
surface area shall require conditional approval. Notwithstanding the siting and
setback requirements for accessory uses, buildings and structures as set forth in
Table 5.9 of Part 5 of this By-law all signs with more than 32 square feet of total
sign surface area shall be set back a minimum of 5 feet from any property line and in
the case of a corner site, all signs shall be set back a minimum of 10 feet from the
street side of the site. See PART 3, Section 3.25 of this By-law for additional
information pertaining to signs);
"C" ZONE - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Any sign which shall interfere with or obstruct the view of, or be confused with any
authorized traffic indicator, signal or device.
2.28
In the "M" - INDUSTRIAL ZONE, accessory buildings, structures and uses
include the following:
"M" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Accessory Shipping Containers
An "accessory shipping container" as defined in PART 9 of this by-law, may be sited
as a permitted accessory structure but only when it is located on the same parcel as
the permitted or conditional industrial use to which it is accessory. All accessory
shipping containers as provided for herein shall be subject to the issuance of a
Development Permit and must meet all other requirements of the zoning by-law,
Manitoba Building Code and Manitoba Fire Code (where applicable).
ii)
Accessory Tent Like Structures
An "accessory tent-like structure" as defined in PART 9 of this by-law provided it is
located on the same parcel as the industrial use to which it is accessory. All
accessory tent-like structures between one hundred and eight (108) square feet and
two-fifty (250) square feet shall be subject to the issuance of a Development Permit
and must meet all other requirements of the zoning by-law. Accessory tent-like
structures exceeding two-hundred and fifty (250) square feet shall be subject to the
issuance of a Development Permit and Building Permit and must meet all other
requirements of the zoning by-law.
iii)
Accessory Dwelling Unit
One (1) attached or detached caretaker / watchman's accessory dwelling unit may
be developed as a permitted accessory use but only when located on the same parcel
as the principal industrial use of the property. The caretaker / watchman's accessory
dwelling unit must in all cases satisfy all of the siting and setback requirements
applicable to the principal use of the property and meet all other requirements of this
21
by-law (including parking), the Manitoba Building Code and Manitoba Fire Code
(where applicable). The minimum dwelling unit floor area for the accessory dwelling
unit shall be six hundred (600) sq/ft (55.7sq/m). When the accessory caretaker /
watchman's dwelling unit is located within the principal building, it shall in all cases be
located above and/or behind the principal industrial use of the building.
iv)
Accessory Telecommunications Towers
An accessory telecommunication tower used to support ancillary devices such as but
not limited to citizens' band radio, television or internet service which is located on the
same site and in direct support of either a permitted or conditional industrial use.
Notwithstanding the siting and setback requirements for Accessory Uses Buildings
and Structures as set forth in Table 5.10 of PART 5 of this By-law, all accessory
telecommunication tower structures shall be set back from all provincial highways and
property lines of the site on which it is located a minimum distance equal to its total
height, measured from the ground to the uppermost point of its extension.
v)
All Signs in the "M" - Industrial Zone with less than 32 square feet of total sign
surface area shall be treated as permitted accessory structures. Notwithstanding the
siting and setback requirements for accessory uses, buildings and structures as set
forth in Table 5.10 of Part 5 of this By-law, all signs with less than 32 square feet of
total sign surface area shall be set back a minimum of 5 feet from any property line
and in the case of a corner site, all signs shall be set back a minimum of 10 feet from
the street side of the site. (See PART 3, Section 3.25 of this By-law for additional
information pertaining to signs);
"M" ZONE - CONDITIONAL ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
All Signs in the "M" Industrial Zone with more than 32 square feet of total sign
surface area shall require conditional approval. Notwithstanding the siting and
setback requirements for accessory uses, buildings and structures as set forth in
Table 5.10 of Part 5 of this By-law all signs with more than 32 square feet of total
sign surface area shall be set back a minimum of 5 feet from any property line and in
the case of a corner site, all signs shall be set back a minimum of 10 feet from the
street side of the site. (See PART 3, Section 3.25 of this By-law for additional
information pertaining to signs);
"M" ZONE - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Any sign which shall interfere with or obstruct the view of, or be confused with any
authorized traffic indicator, signal or device.
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2.29
In the "I" INSTITUTIONAL ZONE, accessory buildings, structures and uses
include the following:
"I" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Buildings or structures for the operation, maintenance, and administration of parks
and/or recreational uses including information buildings and concessions;
ii)
Accessory off-street parking and loading areas as required and regulated in PART 3,
Section 3.38 of this By-law;
iii)
Signs with less than 32 square feet of total sign surface area shall be treated as
permitted accessory structures. Notwithstanding the siting and setback requirements
for accessory uses, buildings and structures as set forth in Table 5.11 of Part 5 of
this By-law, all signs with less than 32 square feet of total sign surface area shall be
set back a minimum of 5 feet from any property line and in the case of a corner site,
all signs shall be set back a minimum of 10 feet from the street side of the site. (See
PART 3, Section 3.25 of this By-law for additional information pertaining to signs);
a)
Permitted signs include identification signs, bulletin board signs, signs required
by governmental law, order, rule or regulation, memorial and/or
commemorative plaques and the like built that are into the walls of a building or
other structure.
iv)
Accessory telecommunication towers subject to the following requirements:
a)
Notwithstanding the siting and setback requirements for accessory structures
and uses in the "I" Institutional Zone as set forth in Table 5.11 of PART 5 of
this By-aw, the following requirements shall apply to all accessory
telecommunication tower structures:
1)
Where the Accessory telecommunications tower is located on the ground
or affixed to a pole attached to the ground:
The parabolic dish antenna shall be located to the rear or the rear
wall of the principal building and on the same site as the principal
building;
The maximum height of the top of a parabolic dish antenna shall
be no more than five (5) feet higher than the highest point of the
roof of the principal building;
A parabolic dish antenna shall not be located any closer to the side
and rear site lines than five (5) feet; in the case of a corner side
yard, the minimum distance from the street side shall be ten (10)
feet; and
In the case of a reverse corner site, a parabolic dish antenna shall
be permitted in the rear yard provided that it is to the rear of the
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front wall of the principal building of the key site but shall not be any
closer to the side and rear site line than five (5) feet.
2)
In the case of public buildings and institutions:
A parabolic dish antenna shall be permitted to be located on a roof
of a principal building; and
The base of the parabolic dish antenna shall not be higher than two
(2) feet above the nearest point of the roof and the dish shall not
be closer than one (1) foot from the edge of the building.
"I" Zone - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Any sign which shall interfere with or obstruct the view of, or be confused with any
authorized traffic indicator, signal or device.
2.30
In the "OR" OPEN SPACE RECREATION ZONE, accessory buildings,
structures and uses include the following:
"OR" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Buildings or structures for the operation, maintenance, and administration of parks
and/or recreational uses including information buildings and concessions;
ii)
Accessory off-street parking and loading areas as required and regulated in PART 3,
Section 3.38 of this By-law;
iii)
Signs with less than 32 square feet of total sign surface area shall be treated as
permitted accessory structures. Notwithstanding the siting and setback requirements
for accessory uses, buildings and structures as set forth in Table 5.12 of Part 5 of
this By-law, all signs with less than 32 square feet of total sign surface area shall be
set back a minimum of 5 feet from any property line and in the case of a corner site,
all signs shall be set back a minimum of 10 feet from the street side of the site. (See
PART 3, Section 3.25 of this By-law for additional information pertaining to signs);
a)
Permitted signs include identification signs, bulletin board signs, signs required
by governmental law, order, rule or regulation, memorial and/or
commemorative plaques and the like built that are into the walls of a building
or other structure.
iv)
Accessory telecommunication towers subject to the following requirements:
a)
Notwithstanding the siting and setback requirements for accessory structures
and uses in the "OR" Open Space Recreation Zone as set forth in Table 5.12
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of PART 5 of this By-law, the following requirements shall apply to all
accessory telecommunication tower structures:
1)
Where the Accessory telecommunications tower is located on the ground
or affixed to a pole attached to the ground:
The parabolic dish antenna shall be located to the rear or the rear
wall of the principal building and on the same site as the principal
building;
The maximum height of the top of a parabolic dish antenna shall
be no more than five (5) feet higher than the highest point of the
roof of the principal building;
A parabolic dish antenna shall not be located any closer to the side
and rear site lines than five (5) feet; in the case of a corner side
yard, the minimum distance from the street side shall be ten (10)
feet; and
In the case of a reverse corner site, a parabolic dish antenna shall
be permitted in the rear yard provided that it is to the rear of the
front wall of the principal building of the key site but shall not be any
closer to the side and rear site line than five (5) feet.
2)
In the case of public buildings and institutions:
A parabolic dish antenna shall be permitted to be located on a roof
of a principal building; and
The base of the parabolic dish antenna shall not be higher than two
(2) feet above the nearest point of the roof and the dish shall not
be closer than one (1) foot from the edge of the building.
"OR" ZONE - PROBIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Any sign which shall interfere with or obstruct the view of, or be confused with any
authorized traffic indicator, signal or device.
2.31
In the "UT" URBAN TRANSITION ZONE, accessory buildings, structures
and uses include the following:
"UT" ZONE - PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Buildings or structures for the operation, maintenance, and administration of parks
and/or recreational uses including information buildings and concessions;
25
ii)
Accessory off-street parking and loading areas as required and regulated in PART 3,
Section 3.38 of this By-law;
iii)
In the "UT" - Urban Transition Zone signs with less than 32 square feet of total sign
surface area shall be treated as permitted accessory structures. Notwithstanding the
siting and setback requirements for accessory uses, buildings and structures as set
forth in Table 5.13 of Part 5 of this By-law, all signs with less than 32 square feet of
total sign surface area shall be set back a minimum of 5 feet from any property line
and in the case of a corner site, all signs shall be set back a minimum of 10 feet from
the street side of the site. See PART 3, Section 3.25 of this By-law for additional
information pertaining to signs.
a)
Permitted signs include identification signs, bulletin board signs, signs required
by governmental law, order, rule or regulation, memorial and/or
commemorative plaques and the like built that are built into the walls of a
building or other structure.
iv)
Notwithstanding the siting and setback requirements for accessory structures and
uses in the "UT" Urban Transition Zone as set forth in Table 5.13 of PART 5 of
this
By-law, the following
requirements
shall apply to
all
accessory
telecommunication tower structures:
1)
Where the accessory telecommunications tower is located on the ground or
affixed to a pole attached to the ground:
The parabolic dish antenna shall be located to the rear or the rear wall of
the principal building and on the same site as the principal building;
The maximum height of the top of a parabolic dish antenna shall be no
more than six (6) feet higher than the highest point of the roof of the
principal building;
A parabolic dish antenna shall not be located any closer to the side and
rear site lines than six (6) feet; in the case of a corner side yard, the
minimum distance from the street side shall be ten (10) feet; and
In the case of a reverse corner site, a parabolic dish antenna shall be
permitted in the rear yard provided that it is to the rear of the front wall of
the principal building of the key site but shall not be any closer to the side
and rear site line than six (6) feet.
"UT" ZONE - PROHIBITED ACCESSORY USES, BUILDINGS AND STRUCTURES shall
include the following:
i)
Any sign which shall interfere with or obstruct the view of, or be confused with any
authorized traffic indicator, signal or device.
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Temporary Uses, Buildings and Structures
2.32
Temporary uses, buildings and structures may be allowed in all zones as noted below and
will require approval by Development Permit prior to construction.
(a)
Temporary uses that are substantially similar in type, character, and effect as other
permitted and conditional uses allowed in a specific zoning district may be allowed
providing any such temporary uses will not have a detrimental effect on existing
development in the surrounding area.
(b)
Temporary uses would typically include construction yards or work camps located on
the same site as development projects but could include temporary residential uses
located on or near development sites for a specified period of time.
(c)
Temporary buildings and structures could include asphalt and/or concrete batch
plants, contractor trailers, tool storage sheds, scaffolding, safety fences and netting,
and outside storage of equipment, building materials or supplies all of which need be
incidental to work occurring on-site and in support of project work in progress and not
abandoned.
(d)
Temporary buildings and structures shall not exceed 1000 square feet in area and
not exceed one storey or 25 feet in height.
(e)
Temporary buildings and structures may be used for on-site offices for architects,
contractors, engineers, or developers with human habitation generally limited to the
temporary accommodation of caretakers or watchmen.
(f)
Temporary uses, buildings and structures (excluding materials and supplies stored
outside) shall be approved by the issuance of Development Permit which shall be
subject to such terms and conditions as may be required by the Development Officer,
Building Inspector, and/or municipal Council.
(g)
Each Development Permit issued for a temporary use, building and structure shall be
valid for an initial period of one year and may be renewed or re-issued for a second
one year period of time. Council may approve a longer validation period under
extenuating circumstances but that decision would need to be supported with
documentation from the development proponent explaining those circumstances.
Recreational Vehicles
2.33
For a temporary use involving location of recreational vehicles on titled lots in residential or
recreational zones:
(a)
A validation period of two (2) years may be approved for the temporary use of a
licensed recreational vehicle (i.e. any 5th wheel trailer or park model built to CSA Z240
or similar standards) as accommodation for the land owner and his/her family while
a permanent building is being constructed on their privately owned lot. The use of a
recreational vehicle for temporary living accommodation may only be for a maximum
27
two year period after which the vehicle must be removed off-site having been
replaced with a seasonal cottage or year-round dwelling constructed during the
validation period. The temporary living accommodation requires approval by
Development Permit.
(b)
The temporary use of a licensed recreational vehicle on titled lots may be further
restricted to a shorter validation period which may be documented in a Developer`s
caveat registered against the title; the lot owner will be responsible to check with the
developer or review their property title to ensure conformance with any validation
period set by someone other than by Council in this By-law.
(c)
Notwithstanding Section 2.33 (a) herein, the parking of a licensed recreational
vehicle on a private lot will be allowed without a Development Permit or fee provided
the vehicle is to be used for family vacation accommodation and is located on-site for
a single period of 3 weeks or less in each calendar year.
(d)
Storage of a licensed recreational vehicle on a private lot will also be allowed during
the winter season and does not require a Development Permit or fee.
(e)
Unlicensed recreational vehicles may, under the same time period restrictions as set
forth under Section 2.33 (a) herein, be allowed as temporary accessory structures
to be located on titled lots in a recreational zone subject to:
i)
Any setback requirements in the applicable Zone in this By-law,
ii)
Municipal and school board taxation; such units will be assessed and taxed
as a building,
iii)
Approval by Development and Building Permits.
(f)
For clarity, the temporary use of recreational vehicles on titled lots may be located
on-site for limited periods of time (as noted above), but in no case shall they be
allowed as the principal building on a lot or parcel of land.
2.34
A temporary use involving the parking of recreational vehicles on rented spaces in work
camps located on a suitable parcel of land, in support of a specific development project being
undertaken in the area, may be approved provided that:
(a)
Such a temporary use receives Conditional Use approval with a validation period of
two (2) years or less in duration; the conditional use order will be supported by a
Development Permit issued by the Development Officer and, where necessary, a
Development Agreement signed by Council and landowner,
(b)
Satisfactory arrangements have been made with Council for public services including
use of municipal roads, solid and liquid waste disposal, fire and police protection, as
well as any needed health and education services,
(c)
The site has access from the public road system for vehicular traffic and is protected
from flooding by a surface water drainage system including culverts and swales,
(d)
The site is adequately sized to accommodate internal roads, off-street parking, street
lighting, common washroom and laundry facilities, garbage and recycling containers,
28
(e)
The temporary use, buildings, and structures will be removed on completion of the
development project which initiated the establishment of the temporary use and the
site shall be remediated to its pre-temporary use condition.
Wheelchair Ramps
2.35
Notwithstanding requirements for projections into required yards found in PART 3 of this
By-law, the temporary installation of a wheelchair ramp may be allowed subject to the
issuance of a Development Permit for the temporary structure which may extend into any
required yard of a residence for as long as the ramp is required by an occupant of the
residence.
Public Utilities and Services
2.36
This By-law shall be interpreted so as not to interfere with the construction, erection and
operation of the distribution facilities of a public utility. However, office buildings, warehouse,
maintenance or storage compounds operated by a public utility shall be subject to the
provisions of this By-law.
(a)
Oil and gas pipelines, electric transmission lines and structures are deemed to be in
compliance with this By-law if they are constructed, carried out, operated and
maintained in accordance with applicable federal and provincial law; and
(b)
Wind Energy Generation Operations (WEGO) are deemed to be in compliance with
this By-law if they are approved (i.e. federal/provincial environmental reviews) and
operated in accordance with all applicable federal and provincial laws and regulations
and are sited and developed in accordance with the requirements of the zoning
district in which they may be allowed as set out in PART 5 of this By-law.
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PART 3: GENERAL REGULATIONS FOR ALL ZONES
The following general requirements are intended to apply to development in all zoning districts, except
where otherwise noted in specific zone requirements, and shall be applied to all approvals of
development within the Municipality. Some, but not all, of the general requirements will apply to a
specific application for development approval. The interpretation and application of the general
requirements set out below, as well as the use and bulk requirements under a specific zoning district
(See PART 5 herein), shall be held to be the minimum requirements to satisfy the intent and purpose
of this By-law unless varied on a case by case basis by Council.
Bulk and Yard Requirements
3.1
In order to maintain the rural or urban character of each of these respective parts of Riverdale
Municipality, as well as a reasonable and consistent density of development, no land, building
or structure shall be used or occupied, and no building or structure shall be constructed,
erected, altered, enlarged or placed (unless varied by Council), except in accordance with the
minimum site area, minimum site width and yard requirements prescribed for the zone in which
the structure or use is located as set forth in the Use and Bulk Tables of PART 5 of this By-
law, and all other requirements of this By-law. Within all zoning districts, the required yards
are intended to provide open spaces around buildings and structures for purposes of amenity,
privacy, fire protection, and maintenance operations along the walls of buildings.
3.2
Any site or parcel of land which was lawfully in existence at the date of adoption of this By-
law, and which does not comply with the minimum site area and/or site width requirements
applicable in the zone where the parcel is situated, may be used or developed for a permitted
or conditional use within the zone in which the site or parcel exists, provided that:
(a)
The site or parcel of land did not form part of a larger contiguous land holding under the
same ownership;
(b)
All administrative requirements for the issuance of a Development Permit and/or Building
Permit and any required conditional use and/or variation permits as provided for in The
Planning Act and PART 7 of this By-law are obtained; and
(c)
All required yards and separation distances as required by this By-law are satisfied.
Corner Vision Triangles
3.3
In order to provide for a reasonable measure of traffic safety within all General Development
and Residential Zones, it is considered important to provide for good visibility conditions at
street intersections, by establishing special open space requirements as follows:
(a)
No building, structure, vehicular parking space, shelterbelt, hedge or stockpiling of
materials exceeding a height of three (3) feet above grade shall be located within a
triangular area of any site adjacent to an intersection of two public streets, with the
30
sides of the triangular area being measured a distance of ten (10) feet along each
property boundary from the point of intersection.
Projections into Yards
3.4
Required yards in all zones shall be maintained as open space areas on all sites, except as
follows:
(a)
Open, unenclosed projections of a building, including eaves, awnings, stairs, landings,
wing-walls, raised decks and balconies, may extend into a required yard up to fifty (50)
percent of the required yard depth to a maximum projection of five (5) feet, whichever
is the lesser (See PART 2, Section 2.35 of this by-law regarding wheelchair
ramps);
(b)
Enclosed projections of a building, including chimneys, alcoves, and bay windows may
extend into a required yard up to fifty (50) percent of the required yard depth to a
maximum projection of five (5) feet, whichever is the lesser, provided that no more
than twenty (20) square feet of ground surface area within any required yard is
occupied by these types of projection;
(c)
Landscaping features such as driveways, sidewalks, and patios at grade level,
ornamental plantings, fences and other decorative features are permitted within any
required yard, provided that in residential areas the maximum height of a fence in any
required front yard shall be three (3) feet, and the maximum height of a fence in any
required side or rear yard shall be six (6) feet;
Double Frontage Sites
3.5
Within any zone, sites with frontage along two more or less parallel streets, the following
provisions shall apply:
(a)
Where the site depth is greater than two-hundred (200) feet, both site lines which abut
these streets shall be considered to be front site lines, and the adjacent yards shall
both be considered to be required front yards; and
(b)
Where the site depth is two-hundred (200) feet or less, only one (1) site line shall be
considered to be the front site line, and this determination shall be made by the
development officer, based on the arrangement of existing buildings in the immediate
area.
Front Yards
3.5
For odd-shaped parcels or lots in any zoning district, determining which yard is the front yard
can be problematic. Generally, the front yard is considered to be the narrowest yard adjacent
to the property line which fronts on a street. Odd-shaped parcels or lots can have frontage on
31
more than one street and, in these cases, a determination shall be made by the Development
Officer as to which yard will serve as the front yard for the purpose of approving development
on-site.
Shoreline Sites
3.6
Sites along shorelines can change shape over time with wind and wave action on the body of
water. Maps showing a site along a water body, or surveyor's plans locating the Ordinary High
Water Mark at a particular point in time, can include irregular shorelines. In these cases, the
Development Officer shall make a determination of the location of the average shoreline
across the property to serve as a representation of the lakeside property line for the purpose
of approving development on such sites.
Site Reduced by Road Widening
3.7
Where the site area or site width of a parcel of land has been reduced as a result of land
acquired for the establishment or widening of a public road or drain, or for any other public
work, the land which has been acquired shall be deemed to be part of the site for purposes of
determining compliance with the minimum site area and site width requirements and required
yards for existing buildings as specified by this By-law. However, where new buildings or
structures are proposed, the required yards shall be determined by the location of actual site
boundaries.
Derelict or Unsafe Buildings
3.8
Buildings dangerous to public safety are addressed in the Municipal Act whereby municipal
Council may determine, based on information provided by the Building Inspector, that a
building, structure, or premises is dangerous to public safety by reason of its ruinous,
dilapidated, unsafe, or unprotected condition. The registered owners of such buildings may be
ordered under provincial legislation to remedy the offending condition or to demolish or remove
the building, structure, or premises and level the site it occupies.
3.9
In accordance with other requirements of the Municipal Act, upon completion of the removal
or demolition of a derelict or unsafe building from a site, the old foundation shall be removed,
any excavation shall be filled, the ground shall be levelled and the site shall be put in a safe
condition to the satisfaction of the local Building Inspector who shall notify the Municipality that
the site owner has undertaken appropriate action to ensure public safety on the affected site.
3.10
Under companion legislation (Buildings and Mobile Homes Act), the Building Inspector can
identify a safety hazard in a building or portion of a building and subsequently order the
property owner or contractor to take such steps necessary to remove the hazard so as to make
the building or structure safe.
32
3.11
Those seeking development approvals for sites containing derelict or unsafe buildings will be
required to address any existing building deficiencies prior to receiving a Development Permit
under this By-law; property owners' plan's to remedy such building deficiencies will need to
accompany applications for development approvals.
Portable or Temporary Storage Structures
3.12
Portable or temporary structures designed for a limited life are commonly used for temporary
storage. These storage structures typically require assembly on-site and are often made of
light materials (like metal rods and vinyl coverings) for easy handling. Because of their design,
these types of portable or temporary structures may suffer damage from weather conditions
including high winds or snow loads. Where such structures may be allowed in the Municipality,
those units so damaged may be repaired to their original state but not modified by the
introduction of alternate building materials not included in the original design.
3.13
Larger portable or temporary structures (i.e. greater than one-hundred (100) square feet such
as those designed to store vehicles) may be approved within required side or rear yards
provided that a separation distance of three (3) feet is maintained from site lines and six (6)
feet from any dwelling and subject to the issuance of a Development Permit once every
calendar year while the portable or temporary structure remains on-site.
3.14
Smaller portable or temporary structures not exceeding one-hundred (100) square feet in floor
area for the storage of domestic equipment do not require a Development Permit and may be
located within any required interior side yard or required rear yard, provided that a separation
distance of one (1) foot is maintained from the site line, and a separation distance of three (3)
feet is maintained from any dwelling.
Storage Buildings
3.15
Small storage sheds not exceeding one-hundred (100) square feet in floor area for the storage
of domestic equipment are allowed in all zones, without a Development Permit, but they must
be located on-site within any required interior side yard or required rear yard, provided that a
separation distance of one (1) foot is maintained from the site line, and a separation distance
of three (3) feet is maintained from any dwelling.
3.16
Larger storage buildings (greater than 100 square feet in floor area) proposed to be located
on lots or parcels in urban areas require a Development Permit and they shall conform to all
requirements for accessory buildings and structures in the applicable urban zone.
3.17
Large sheds for storage of agricultural equipment are allowed in the "R/A" Rural / Agriculture
Zone; these buildings require a Development Permit and shall be located a minimum of 125
feet from any front property line and 25 feet away from side and rear property lines.
3.18
Large storage sheds intended for rural area locations must be pre-engineered buildings or
material packages to be assembled on-site and may include pole barns, storage sheds, metal
buildings like Quonset huts, and/or recycled shipping containers.
33
Fences
3.19
Fences in urban areas that adhere to any identified height restrictions set for an urban area
zone (See PART 5 of this By-law) and will be located totally on property owned by the
proponent may be established without a Development Permit.
3.20
Applications for approval of fences in urban areas being proposed for a location close to (i.e.
within one foot but not touching) a property line, will need to be supported with reasonable
information as to the exact location of the property line. Reasonable information will include
the existence and identification on the ground of iron pins or monuments installed by a
surveyor or accurate measurements from nearby survey pins. Prior to issuing a Development
Permit, the Development Officer must be satisfied that existing property information or
measurements are accurate and serve as a reasonable basis on which to proceed with
construction of the fence on the proposed site.
3.21
Fences in urban areas that are to be located on established site lines (i.e. the legal limits of a
parcel of land) shall require a Development Permit under this By-law and, depending on
circumstances, the owner and any neighbouring owner may be required to secure a surveyor's
plan to locate the site lines and enter into an agreement (setting down individual
responsibilities and the sharing of costs for surveying, construction, maintenance, and
demolition of such fences) as prepared by a lawyer. Any required development agreement
shall be presented to the Development Officer prior to the issuance of the required permit(s)
and, depending on content, such agreements may be required to be registered in the Land
Titles Office on the title(s) of all of the parcels sharing said fencing.
3.22
Rural area fences established on or near property lines for the control of livestock or protection
of farm buildings or equipment in rural zoning districts do not require a Development Permit.
Swimming Pools
3.23
Swimming pools with a water depth of greater than two (2) feet, including above-ground, in-
ground, portable or permanent types, shall be allowed as a permitted accessory use to a
residential use (including when located on a farm), recreational, or commercial development
provided that:
a) The pool is located not closer than six (6) feet to any side or rear lot line;
b) The pool area is protected by a fence with lockable gates and of suitable construction and
height to ensure public safety, particularly for the safety of small children and to guard
against uninvited guests;
c) A Development Permit is issued under this By-law; and,
d) A Building Permit is issued under the local Building By-law and satisfies all applicable
requirements of the Manitoba Building Code.
34
Public Monuments and Cairns
3.24
Nothing in this By-law shall be so interpreted as to interfere with the establishment of public
monuments and cairns within the municipality in any zoning district.
Signs
3.25
Most, but not all, signs are allowed as either permitted or conditional accessory structures in
the urban and rural areas of the Municipality, but the following requirements shall also apply:
a)
Home-based business signs shall be limited in size depending on their location in
urban and rural zones (See PART 6 of this By-law),
b)
No sign or sign structure shall be erected at any location where it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign or obstruct the view
of any highway or street intersection or railroad crossing,
c)
The placing of a sign structure within the control lines along roads and control circles
at major intersections of a Provincial Road or Provincial Trunk Highway shall require
a permit from the provincial authority having jurisdiction,
d)
All signs and their support structures shall be kept in good repair. Signs which are in
a state of disrepair, or which have become obsolete because of the discontinuance of
the land use or advertised business or service, must be removed or relocated within
thirty (30) days following these changes. After that 30 day grace period, sign owners
can expect a notification or compliance order from the Development Officer or Council
requiring sign changes or removal within 30 days. Obsolete or damaged signs may be
removed by the Municipality, at the owner's expense, following the 60 day grace and
notification periods.
e)
The following signs shall be allowed as permitted accessory structures in All Zones
as permitted accessory uses without the need to obtain a Development Permit
i)
Signs required to be maintained by law or governmental order, rule or
regulation;
ii)
Memorial signs or tablets of bronze, brass, stone or other non-combustible
materials when built into or attached to the walls of a building or other structure
provided such tablets bear only the name of the owner, the name and use of
the building, and the date of erection of the building or reading matter
commemorating a person or event;
iii)
Signs of a duly constituted governmental body, including traffic or regulating
devices, legal notices, railway crossing, danger and other emergency signs;
iv)
Non-illuminated campaign signs, pursuant to the Federal and Provincial
provisions under the Elections Act;
35
v)
One (1) non-illuminated temporary real estate sign for the sale of property only,
not to exceed a maximum of thirty-two (32) square feet in sign surface area,
and where said sign is freestanding, the maximum height above grade shall be
six (6) feet; and
vi)
One (1) non-illuminated temporary construction sign not to exceed a maximum
of thirty-two (32) square feet in sign surface area, and when said sign is
freestanding, the maximum height above grade shall be twenty (20) feet.
Private Water Supply and Sewage Disposal Systems
3.26
In situations where piped municipal water supply and/or wastewater collection and disposal
services are not available, land owners may choose to construct private water supply and
sewage disposal systems on their development site. Provincial regulations allow for a variety
of on-site wastewater management systems which must be registered with the provincial
authority having jurisdiction prior to their installation. Similarly, the provincial authority having
jurisdiction should be consulted about private water supplies; provincial regulations require
certain types of public and semi-public water supplies be approved by the provincial authority
having jurisdiction. It is the responsibility of the land owner and/or developer to apply for all
required provincial permits and/or approvals for any private water supply and sewage disposal
system.
Service Connections
3.27
Where a site is serviced by municipal piped water or wastewater systems, no permanent
principal building shall be constructed or placed on the site unless it is connected to such
services.
Lands Subject to Flooding
3.28
No habitable buildings or structures shall be built in areas in the vicinity of creeks, streams and
lakes where there is local flood knowledge or provincial information available about flooding
by a one in two hundred year flood event, unless the owner provides sufficient information
prepared by a qualified engineering consultant (retained at the owners expense) to
demonstrate appropriate mitigation measures so as to be in compliance with the policies of
the Riverdale Development Plan. Those wishing to develop on property along a waterbody
that is subject to flooding will be required to provide a 200 year flood elevation which will
include allowances for wind setup and wave uprush. Assistance in determining the practical
on-site flood level, reflecting the 200 year flood event level plus wave/wind conditions, may be
available from provincial agencies. The following additional provisions shall apply to
development in the vicinity of a waterbody to help minimize flood risk as follows:
(a)
Activities such as dumping, excavation and/or clearing which will accelerate or promote
dangerous erosion or bank instability shall be prohibited.
36
(b)
Development shall not be permitted on lands subject to bank instability, landslides or
subsidence.
(c)
Development will not be permitted if, as a result of the development:
1.
There is an added risk to life or safety; or
2.
Water flow, flow velocities or stages are adversely altered, obstructed or
increased.
(d)
Where development is proposed in an area where there is local knowledge of ponding
due to snowmelt or heavy rainfall events, the owner may be required to provide
additional flood mitigation measures, including the provision of sufficient fill and use of
lot grading around buildings and water-proofing of buildings to provide an additional
measure of protection from flood damage.
(e)
No permanent building shall be constructed or placed on land that is subject to
subsidence or erosion by water, or is marshy or unstable, or is otherwise unsuitable or
hazardous by virtue of its soil or topography, unless an engineering investigation by a
qualified professional engineer licensed by the Association of Professional Engineers
and Geoscientists of the Province of Manitoba (APEGM) (retained at the owners
expense) demonstrates to the satisfaction of Council that appropriate mitigation
measures will be taken to deal with the unsuitability or hazard.
(f)
The 200 year flood elevation for all areas of the municipality that may be subject to
flooding may not be known. The Council may, in its absolute discretion, refuse a
development and/or building permit for any permitted or conditional use if, in its opinion
and/or upon advice from provincial authorities having jurisdiction, said use may be
subject to flooding in any manner or degree. In areas where the flood hazard has not
been established, all permanent structures shall be set back from all waterbodies a
distance of at least 10 times the height of the bank above the Ordinary High Water
Mark or 200 feet, whichever is greater, unless an engineering investigation by a
qualified professional engineer licensed by the Association of Professional Engineers
and Geoscientists of the Province of Manitoba (APEGM) (retained at the owners
expense) demonstrates to the satisfaction of Council shows that these limits may be
reduced.
High Water Table Areas
3.29
Groundwater conditions are highly variable throughout the Municipality, and in some areas the
groundwater table may be very close to the surface. It is the owner's responsibility to provide
sufficient measures in the design of the building to adequately protect basements from
groundwater infiltration. Such measures may include but are not limited to the provision of
sufficient fill around buildings and lot grading that ensures flow of surface water away from
buildings during rainfall events, foundation water proofing.
37
Water Drainage
3.30
Where a proposed development involves the construction of water control works or drainage
works as identified under the Water Rights Act, it shall be the responsibility of the proponent
to contact the provincial authority having jurisdiction to obtain any required licenses or
approvals prior to the commencement of development.
3.31
First and Second Order drains (i.e. those with one other or no other stream joining) are the
responsibility of the municipality, while larger drains are the responsibility of the Province which
has delegated that responsibility to many of the Conservation Districts. Developments
proposed for locations adjacent to streams and rivers in the Municipality may need to be
reviewed by the Municipality, Province, and/or Conservation District prior to receiving
municipal approval through issuance of a Development Permit under this By-law.
3.32
Provincial drains and stream diversion projects are the responsibility of the Province.
Steep Natural Slopes
3.33
Sensitive lands with steep natural slopes are typically found along lake and river valleys
formed at end of the last glacial period. Given the type of soils left by glacial activity (such as
shale banks), there can be issues with erosion and slumping on steep slopes, especially where
water is allowed to infiltrate the slope material.
3.34
In recognition of the potential for bank instability in utilizing land with steep natural slopes for
development, Council requires that applications for development on lands with a natural slope
exceeding15% to be supported by a report written by an engineer licensed by the Association
of Professional Engineers and Geoscientists of the Province of Manitoba (APEGM) (retained
at the owners expense) attesting to the suitability of the proposed development on the
proposed site, recommending mediation techniques to reduce opportunities for erosion and
slumping, as well as engineered plans for construction of building foundations, retaining walls,
driveways, private lanes, and public roads.
Land Gradients
3.35
Existing land gradients on private lots shall be maintained within a horizontal distance of four
(4) feet of all site lines, unless otherwise approved by Council.
3.36
Where major earthworks involving excavations or retaining walls are being proposed, Council
requires the owner to submit plans prepared by an engineer licensed by the Association of
Professional Engineers and Geoscientists of the Province of Manitoba (APEGM) (retained at
the owners' expense) to support an application for development approval.
38
Road Access
3.37
No permanent building may be constructed or placed on a site which does not have frontage
on a public street, private lane, or legal access to the public road system by way of an
easement agreement / declaration of right of way.
Parking Requirements for All Zones
3.38
Accessory off-street parking spaces shall be provided and maintained in accordance with
Table3-1: "Zone Specific Minimum Parking Space Requirements " (below).
TABLE 3-1: ZONE SPECIFIC MINIMUM PARKING SPACE REQUIREMENTS
ZONING DISTRICT
USE
MINIMUM NUMBER OF ACCESSORY
PARKING SPACES REQUIRED
"R/A" Rural Agricultural
All Residential Uses
One (1) parking space per dwelling unit)
"GD" General
Development
All Uses
One (1) parking space per dwelling unit or other
principal use
"RR" Rural Residential
All Uses
One (1) parking space per dwelling unit or other
principal use
"SR1" and "SR-2"
Seasonal Recreation
All Uses
One (1) parking space per dwelling unit or other
principal use
"MR" Industrial Rural
All Uses
One (1) parking space for each 1,500 sq/ft of
gross floor area but not less than two (2) parking
spaces per zoning site.
"RG" Residential
General and "RE"
Residential Estate
Single-family dwelling
Two-family dwelling
One (1) parking space per dwelling unit
Multiple-family dwellings (three or
more units)
a) i) ii)
One and one-half (1 ½) parking space per
dwelling unit
Other Permitted or Conditional
Uses
As determined by Council.
"C" Commercial Zone
All Commercial Uses
One (1) loading space for every 5,000 sq/ft of
gross floor area
Accessory Apartments, Suites or
Dwelling Units Located Within a
Commercial Building
One (1) parking space per dwelling unit
Cultural and Religious Institutions
To be determined by Council based on the
occupancy rating of the facility
Hotels and/or Motels
One (1) parking space per room or suite
Restaurants and Coffee Shops
and the like
One (1) parking space for each 100 sq. ft. of
gross floor area.
Retail or Wholesale Stores
One (1) parking space for each 400 sq. ft. of
floor area used for retail or wholesale purposes.
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TABLE 3-1: ZONE SPECIFIC MINIMUM PARKING SPACE REQUIREMENTS
ZONING DISTRICT
USE
MINIMUM NUMBER OF ACCESSORY
PARKING SPACES REQUIRED
Warehouse and/or Storage
One (1) parking space for each three (3)
employees.
All Other Uses
One (1) parking space per 1,500 sq/ft of gross
floor area but not less than two (2) per zoning
site
"M" Industrial Zone
Cafes, Coffee Shops
One (1) parking space for each 100 sq/ft of retail
space
All Industrial Uses except for
warehousing and storage
One (1) parking space for each 1,500 sq/ft of
gross floor area but not less than two (2) parking
spaces per zoning site.
Warehousing and Storage
One (1) parking space for each three (3)
employees.
All industrial uses up to 5,000 sq/ft
of gross floor area
One (1) loading space
All industrial uses 5,001 sq/ft of to
15,000 sq/ft gross floor area
Two (2) loading spaces
All industrial uses 15,001 sq/ft to
40,000 sq/ft of gross floor area
Three (3) loading spaces
All industrial uses over 40,000
sq/ft
Three (3) loading spaces plus one additional
space for each additional 25,000 sq/ft or portion
thereof exceeding 40,000 sq/ft of gross floor
area
"I" Institutional
All Uses
To be determined by Council based on the
occupancy rating of the facility
"OR" Open Space
Recreation
All Uses
As determined by Council
"UT" Urban Transition
As determined By Council
As determined by Council
Footnotes Forming Part of Table 3-1:
a)
For the purpose of computing the accessory off-street parking spaces, the following shall apply:
I)
When the computation of the number of accessory off-street parking spaces required by
this By-law results in a requirement of a fractional parking space, any fraction less than
one-half (1/2) of a parking space may be disregarded, whereas a fraction of one-half (1/2)
or more of a parking space shall be counted as one (1) parking space.
II)
Twenty percent (20%) of the required parking spaces shall be unassigned guest parking
spaces readily available to an entrance of the building to be served.
b)
All accessory off-street parking spaces may be open to the sky or enclosed within a structure.
40
c)
All off street parking areas and their related access driveways shall be graded in a manner that
ensures there will be no free flow of surface water onto adjacent properties or adjacent public
sidewalks.
d)
All accessory off-street parking spaces shall be located on the same zoning site as the use(s)
served;
I)
Subject to paragraph III) herein, no accessory off-street parking spaces shall be permitted
in the front yard; and
II)
Open accessory off-street parking spaces may be provided, for the permanent parking for
not more than two (2) private passenger vehicles in the required front yard for single-
family dwellings and two-family dwellings, only where a side yard is not sufficiently wide
for a driveway and where no access to the rear of the site by means of a lane or street is
possible. No parking of boats, trailers, campers or motor homes shall be permitted in the
required front yard.
III)
Open accessory off-street parking spaces may be provided, for the permanent parking for
not more than two (2) private passenger vehicles in the required front yard for single-
family dwellings and two-family dwellings, only where a side yard is not sufficiently wide
for a driveway and where no access to the rear of the site by means of a lane or street is
possible. No parking of boats, trailers, campers or motor homes shall be permitted in the
required front yard.
e)
The layout and design of all multi-space parking areas shall satisfy the following criteria:
I)
The layout and design of the accessory off-street parking area shall be in accordance with
Figure 3-1: "Design Standards For Parking Spaces" (below);
II)
The length of each parking space as specified in Figure 3-1 of this PART shall be
exclusive of access driveways, aisles, ramps and columns;
III)
Lighting used to illuminate an accessory off-street parking area shall be arranged so that
it does not illuminate directly onto the adjoining sites, streets or lanes.
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FIGURE 3-1: DESIGN STANDARDS FOR PARKING SPACES
f)
An accessory open off-street parking area for a multiple-family dwelling shall be provided with
bumper guards, wheel stops, masonry walls or ornamental fences as approved by the
Development Officer.
I)
Bumper guards, wheel stops, masonry walls or ornamental fences shall be used on an
accessory open off-street parking area in order to prevent a vehicle from encroaching onto
public or private property; and
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II)
Bumper guards, wheel stops, masonry walls or ornamental fences shall be maintained in
good condition at all times.
g)
When a building is enlarged or a use is extended or changed, the accessory off-street parking
spaces shall be provided for the enlargement, extension, or new use in accordance with the
regulations of Section 3.38. of this PART.
h)
Accessory off-street parking spaces in existence on the effective date of this By-law or
amendments thereto, and located on the same zoning site as the building or use served, shall
not be further reduced below the parking requirements for a similar new building or use under
the provisions of Section 3.38 of this PART.
Streets, Public Roads, and Private Lanes
3.39
A street, as defined in this By-law, is intended to provide access to private property from the
public road system in Manitoba; the right-of-way for local streets must have a minimum width
of 50 feet to allow for road construction, water drainage, public services (such as Hydro) as
well as year-round maintenance including snow storage.
3.40
Most new roads in the Municipality will be public roads dedicated to public use, will be built to
either provincial or municipal construction standards, including slopes of 6% or less, and will
be maintained by either the Province or the municipality.
3.41
There are circumstances where private lanes may be approved. Potential development areas
with steep natural slopes, where deeply cut water drainage channels or ravines are possible,
may not be suitable for the construction of new public roads because of difficulties meeting
slope requirements or costs needed meet road construction standards and/or maintenance
year-round. In these types of circumstances, Council may approve the use of private lanes
provided that the private lane:
a)
serves a rural residential or recreational area developed for seasonal cottages or year-
round dwellings,
b)
intersects with a public road or street,
c)
provides frontage for and access to private lots or parcels,
d)
meets, in practical ways, most municipal road construction standards, including slope
requirements,
e)
meets minimum width requirements of 50 feet, or a lesser width to be specified in a
Development Agreement to be registered on title, and
f)
will be maintained year-round by private parties hired by cottage or lot owner
associations, or under contract negotiated with the municipality.
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3.42
To ensure access to private property from the public road system in Manitoba, provincial
subdivision regulations require that every lot or parcel of land has frontage on a public road.
In accordance with provincial regulations and other provisions in this By-law, the Development
Officer may approve development on a Zoning site that has the required frontage on a private
lane, provided that the private lane meets the requirements listed in Section 3.37 of this
PART (above).
Development Near Watercourses
3.43
Building Setbacks: to assist with the provincial goal of retaining riparian areas along streams
and lakes in the Municipality, Council may require that permanent buildings be setback from
the water`s edge and may require a public reserve adjacent to waterbodies. The building
setback will be determined on a case-by-case basis depending on the identification of the
possibility for erosion or slumping to occur on-site.
3.44
Public Reserves: Council will, at its own discretion, decide on the need for and width of any
public reserve along waterbodies in the Municipality. This is an important decision especially
in situations where the municipality will ultimately be responsible for the maintenance of any
public reserve created as a result of that decision. In situations where the Province will retain
ownership and responsibility for the public reserve, Council`s decision will dutifully take into
account any advice received from the Province. The location of any public reserve may be
shown on a surveyor`s plan or shown as "OR" Open Space Recreation Zone on the Zoning
Map attached to this By-law.
Private Docks
3.45
Private docks are typically located at the water's edge near a dwelling or cottage, often below
the ordinary high water mark, and in place just for the summer season. Accordingly, seasonal
private docks shall be considered as a permitted accessory use and do not require a
Development Permit issued by the Development Officer.
3.46
While provincial and municipal permits are not required for docks on private land, it will be the
responsibility of the landowner to consult with DFO by phone or on-line to determine whether
their dock plans are lake-friendly and satisfy all applicable requirements of DFO's Operational
Statement and therefore do not require DFO approval prior to installation adjacent to a water
body in Manitoba.
3.47
Any dock proposed to be located on provincial Crown Land or Crown Reserve requires
approval under the Crown Lands Act and an application and approval thereof to the provincial
authority having jurisdiction is required.
Development Near Solid Waste Disposal Sites
3.48
No habitable building, commercial building or mobile home shall be constructed or located
within 1320 feet of any active or abandoned solid waste disposal site, unless, it can be
44
demonstrated
to
the
provincial
authority
having
jurisdiction
by
a
qualified
engineer/geotechnical specialist licensed to practice in Manitoba that there will be no
unacceptable risks presented to health and life safety by the migration of dangerous gases or
other substances or by unfavourable subsoil conditions. Provincial regulations also apply to
development near waste disposal grounds.
Development Near Sewage Lagoons
3.49
No new habitable building or mobile home shall be constructed or located within 1,500 feet of
any sewage lagoon approved for the treatment of liquid waste, including septage.
Development Near Hazardous Materials Storage
3.50
No newly siting dwelling or mobile home or other habitable building shall be constructed or
located within 2,640 feet of the site of an inland grain terminal, anhydrous ammonia storage
tank or a bulk fuel, fertilizer or chemical storage facility, including agricultural chemical
warehouses. All hazardous material storage facilities shall be setback a minimum of 350 feet
of any public roadway.
Development Near Areas with Potential for Aggregate Extraction
3.51
No building, dwelling, mobile home or farm building or structure shall be constructed or located
within an area which has been designated as a high or medium quality aggregate area by the
Province of Manitoba, unless the site has been further reviewed by the Mines Branch and a
recommendation provided which would allow development to proceed. Where the proposed
building is a dwelling or mobile home, a minimum separation distance of 500 feet shall be
provided between the building location and any active mining area, any area with a valid
mineral quarry lease or which is identified by the Mines Branch as being a significant
aggregate deposit.
Development Near Airports
3.52
Any building, structure, or planting (eg. tree shelterbelt) exceeding thirty (30) feet in height
which could be an obstruction within the flight approaches of any aircraft landing area within a
distance of one (1) mile from the landing strip, shall be deemed to be a conditional use, and
shall be subject to the approval of Council which will consult with federal agencies prior to
granting any approvals for such development near airports.
Development Near Pipelines
3.53
Development near oil pipelines shall be setback a minimum of 30 metres (100 feet) from
pipeline right-of-ways. In addition, proximity agreements between the pipeline operator and
45
landowners may be required in addition to being subject to the regulatory requirements of the
provincial authority having jurisdiction.
3.54
When Council is approving new development adjacent to existing or proposed rights-of-way
for water pipelines in the rural areas; Council will, on a case-by-case basis, seek the advice of
provincial agencies to determine appropriate setbacks for new development.
3.55
To protect existing and proposed pipelines, Council will apply applicable setback requirements
to prevent any permanent buildings from being located inappropriately on or near any pipeline
right-of-way and may request additional information, including detailed location mapping, to
be submitted with any application for subdivision or development approval.
Development Near the Provincial Highway System
3.56
For any new development (such as a structure, sign, or building) to be constructed near or
adjacent to provincial highways or within the controlled areas established by the Province
adjacent to the provincial highway system, permits are required from the provincial authority
having jurisdiction. The controlled areas vary in size depending on the provincial highway or
provincial road, but proponents of development near highways should consult with Manitoba
Infrastructure whenever development is proposed within 125 feet of a major highway and
250 feet of a major highway intersection.
3.57
Permits from the provincial authority having jurisdiction and/or the Municipality are also
required for any new, modified, or relocated or change in use of a driveway providing access
to a provincial road or provincial trunk highway.
Open Space Along Rural Roads
3.58
Areas adjacent to rural intersecting roads shall be kept clear of features which would contribute
to snow drifting on the roadway, or which would represent a safety hazard to motorists and
especially school buses. To avoid such issues, no long term stockpiling of materials, such as
soil, gravel, bales or cordwood, shall be located within a required yard along a public road.
3.59
Within all agricultural zone(s), the following provisions shall apply to any required front yard,
side yard or rear yard which is adjacent to an improved government road allowance, highway
or other municipal road:
a)
No building or structure shall be constructed or located within the required yard, except
for electric fences, barbed wire fences, chain link fences, wooden rail fences which are
at least seventy-five (75) percent open in character, signs less than fifty (50) square
feet in surface area, and small shelters for children at school bus stops;
b)
No excavation such as a dugout or gravel pit shall be located within the required yard;
c)
No substantial planting (such as a shelterbelt or hedge) exceeding a height of three
(3) feet shall be located within the required yard;
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Railways
3.60
Nothing in this By-law shall be interpreted so as to interfere with normal railway operations and
maintenance of railway tracks and rights-of-way.
3.61
Any railway office buildings, warehouse facilities, maintenance buildings, and storage areas
shall be subject to the requirements of this By-law.
3.62
New residential development located outside of the communities of Rivers, Wheatland and
Bradwardine shall be sited so that a minimum setback of 30 metres (100 ft) is achieved
between the closest wall of new residential buildings and the edge of all railway rights-of-way.
3.63
Council may at its discretion also require new residential development located adjacent to
railway right-of-ways to be buffered from noise and vibrations associated with normal railway
activities through the installation (at the developer's expense) of one or more of the following:
safety berms and/or noise attenuation fencing or plantings including shelterbets.
3.64
New or expanding non-residential development proposed near railway right-of-ways shall not
be subject to the setback and protection requirements set out in Section 3.62 and 3.63 of
this PART (above) and may be approved without a setback when direct access to railway
services is required for business purposes.
3.65
New development near abandoned railway rights-of way shall not be subject to the setback
and protection requirements set forth in Section 3.62 thru to and including Section 3.63 of
this PART herein.
3.66
All existing development near railway lines shall be deemed to comply with the setback and
protection requirements as set forth in Sections 3.61 thru to and including Section 3.63 of
this PART herein. If existing development is modified, intensified enlarged or expanded, all
such new development shall be set back from the railway right-of-way a distance at least equal
to that of the existing use, building or structure.
Multiple Buildings on One Site
3.67
Where any land or building forming a single site is used for more than one purpose, the
minimum zoning requirements relating to each use shall be satisfied (unless varied by
Council). Where there is a conflict between the use and bulk requirements for each use, the
higher or more stringent requirements shall prevail.
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PART 4: GUIDE TO ZONES AND ZONING MAPS
Purpose of Zones
4.1
The zones established in this By-law are intended to provide sufficient land in suitable
locations to meet the needs of the community, and to be generally consistent with the policies
of the Riverdale Development Plan as well as being compatible with existing development in
the community.
Zoning Districts
4.2
Uses of land in the municipality are regulated in accordance with the following zoning district
classifications:
a)
"R/A" Rural / Agriculture Zone - This zone is hereby established in this Zoning
By-law and is intended to:
Support and strengthen the agricultural industry in rural and agricultural parts of
Riverdale Municipality and to provide flexibility and opportunity for farm operators to
engage in a wide variety of agricultural uses and farming practices at different scales
including livestock operations(subject to limitations); protect the agricultural industry
and its land resources in recognition of agriculture's contribution to the economy;
provide opportunities for development of a limited amount of small holdings for farm
and non-farm related purposes including residential development, single lot agro-
related commercial and/or industrial enterprises and natural resource harvesting
activities.
b)
"GD" General Development Zone - This zone is hereby established in this
Zoning By-law and is intended to:
Provide for development of urban-type land uses in the small settlement centres of the
Municipality including Wheatland and Bradwardine where development activities such
as low intensity agricultural uses (e.g. pasturing), low density residential, commercial,
and industrial land uses have not developed sufficiently to demonstrate the need for
distinct zoning districts which distinguish between substantially different types of land
uses. The intent of this zone is to provide for an efficient use of services and to minimize
land use conflicts.
c)
"RR" Rural Residential Zone - is hereby established in this Zoning By-law and
is intended to:
Provide for development of low-density planned multi-lot rural residential development,
outside of the community of Rivers and other rural settlement centres in the
Municipality, intended for year round occupancy. Development of this type typically
occurs by way of plan of subdivision involving lots sized so as to be capable of
supporting individual on-site wastewater and potable water systems or may otherwise
48
be serviced by municipal piped wastewater systems with or without municipal piped
potable water systems.
d)
"SR-1" Seasonal Recreation Zone - is hereby established in this Zoning By-law
and is intended to:
Provide for development of full range of recreational developments, including seasonal
cottage, permanent dwellings on lots one acre in size, marinas, resorts, campgrounds
and related commercial activities which are compatible with existing development and
the natural environment and located adjacent to Lake Wahtopanah on lots sized so as
to be capable of supporting individual on-site wastewater and potable water systems
or municipal piped wastewater systems with or without municipal piped potable water
systems.
e)
"SR-2" Seasonal Recreation Zone - is hereby established in this Zoning By-law
and is intended to:
Provide for development of full range of recreational developments, including seasonal
cottage, permanent dwellings on lots 2 acres in size, marinas, resorts, campgrounds
and related commercial activities which are compatible with existing development and
the natural environment and located adjacent to Lake Wahtopanah on lots sized so as
to be capable of supporting individual on-site wastewater and potable water systems.
f)
"MR" Industrial Rural Zone - is hereby established in this Zoning By-law and is
intended to:
Provide primarily for development of agro-commercial and industrial land uses
requiring large parcels of land where minimal conflict will occur with adjacent land uses
and the environment.
g)
"RG" Residential Zone - is hereby established in this Zoning By-law and is
intended to:
Provide for development of a range of residential and related uses within the
community of Rivers by setting out use, bulk and siting requirements that support low
and moderate density residential development including single, two-dwelling unit and
multi-dwelling unit development on lots fully serviced by municipal piped water and
wastewater systems.
h)
"RE" Residential Estate Zone
Provide for development of single-unit and two-unit dwellings and related development
outside of the fully municipally serviced core area within the community of Rivers on
lots sized to accommodate full or partial individual on-site water and wastewater
systems.
i)
"C" Commercial Zone - is hereby established in this Zoning By-law and is
intended to:
49
Provide an area for development of fully serviced commercial uses, generally located
in the community of River's central business area primarily as permitted uses, which
allow it to be multi-functional in nature and, to develop as the most intensive retail,
business, social, cultural and administrative area of the Municipality. Additionally, this
zoning district also provides support for the development of a range of other
commercial and related uses outside of River's central business district primarily as
conditional uses which are most appropriately located on major highways because of
their large site requirements, nuisance characteristics, and/or because said uses serve
the needs of the travelling public. Such commercial uses outside River's central
business area may be serviced by way of individual on-site water and wastewater
systems or be hooked to municipal-piped water and/or wastewater systems.
j)
"M" Industrial Zone - is hereby established in this Zoning By-law and is intended
to:
Provides for the development of manufacturing, processing, distribution and
transportation related activities, warehousing and other light industrial uses in the
community of Rivers which carry on their operations in such a manner that nuisances
(e.g. noise, odour and/or emissions) associated with normal operations are minimized
and which are reasonably compatible with nearby residential and/or commercial uses.
In addition, certain heavy industrial uses may also be considered as conditional uses,
subject to conditions of approval that Council may deem appropriate under the
circumstances. Development in this zoning district takes primarily takes place on lands
that are or will be serviced by municipal piped water and wastewater systems.
k)
"I" Institutional Zone - is hereby established in this Zoning By-law and is intended
to:
Provide for the development of fully serviced hospital, governmental, educational
and/or institutional and related uses on relatively large parcels of land in the community
of Rivers.
l)
"OR" Open Space Recreation Zone - is hereby established in this Zoning By-
law and is intended to:
Provide areas primarily for public parks, outdoor recreational facilities such as sports
fields and golf courses, and includes areas set aside for long term conservation of
undeveloped scenic and/or hazard lands, lands that serve to buffer adjoining land uses
of different types and/or accommodate major utility rights-of-way that have an open
space character.
m)
"UT" Urban Transition Zone - is hereby established in this Zoning By-law and is
intended to:
Provide for the continuation of certain low-intensity agricultural activities on a restricted
basis such as pasturing and field crop production around the built-up areas of the
50
community of Rivers until such time as the land is required to facilitate the orderly
expansion of urban type land uses within Rivers.
Permitted and conditional uses prescribed for sites within each of the zoning districts described
above, are those set out in the Use and Bulk Tables in PART 5 of this By-law.
Zoning Maps
4.3
The geographical extent of each of the zoning districts set out above is shown on zoning maps
comprising Appendix "A" of this By-law.
a)
Said zoning map(s) form a part of this Zoning By-law. All notations, references and
other information shown thereon, together with any amendments made by amending
by-laws made from time to time and shown thereon, together with any amendments to
the boundaries in the case of any street, lane or public utility right-of-way closing shall
be as much a part of this By-law as if the matters and information set forth by the said
zoning map(s) were fully described herein.
b)
The scale and all dimensions of the zoning map(s) are in metres.
c)
All plan references on the zoning map(s) pertain to registered plans filed in the Brandon
Land Titles Office.
d)
The abbreviations noted on the zoning map(s) mean the following:
1.
Pcl. means" Parcel";
2.
Pt. means "Part";
3.
RGE. means "Range";
4.
R.M. means "Rural Municipality";
5.
SEC. means "Section";
6.
PTH means "Provincial Trunk Highway";
7.
TWP means "Township"; and
8.
W.P.M. means "West of Principal Meridian".
4.4
Interpretation of zoning district boundaries
(1)
Heavy solid lines represent zoning district boundaries. Where a zoning district
boundary is broken by the name of a street, it shall be construed that the limit continues
through the name of the street.
(2)
Zoning boundaries indicated as approximately following:
(a)
the centerlines of railway or public utility rights-of-way;
(b)
the centerlines of streets, highways or lanes;
(c)
lot, site or holding lines; or
(d)
municipal limits;
shall be construed as following those lines or limits.
51
(3)
If a street, lane, railway or public utility right-of-way (hereinafter referred to as the
feature) shown on a zoning map is lawfully closed, the land formerly comprising the
feature shall be included within the zone of the land which surrounds it. If the said
feature included a zone boundary on its centerline, then the zoning district boundary
shall be the former centerline.
52
PART 5: USE AND BULK TABLES FOR ALL ZONES
Use and Bulk Tables
The permitted and conditional uses prescribed for zoning sites within each zoning district are those
set out in the Use and Bulk Tables as set out below.
TABLE 5-1: "R/A" RURAL / AGRICULTURE ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (i) (j) (o)
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(b) (j)
Rear
Yard
(feet)
(b)(j)
PERMITTED USES
Agricultural Activities (General) including pasturing of
livestock (c) (d) (l)
80
1,000
125
50
50
Agricultural Activities (Specialized) with no associated
on-site retail sales to the Public includes but is not
limited to Nurseries, Berry Farms, Apiaries, Market
Garden Operations, Tree Farms (c) (d) (l) (o)
10
200
125
25
25
Existing Lawfully Established Uses That Existed Prior
to Adoption of this By-law (See also PART 2,
Sections 2.4 and 2.5 of this By-law)
2
200
125
50
50
Livestock Operations (newly siting or expanding)
between 10 to a maximum of 299 AU in size
(cumulative across species) (c) (e) (f) (l) (See also
PART 6 of this By-law for additional
requirements)
80
1,000
125
25
25
Residential Care Facilities (including halfway type
homes, rehabilitation homes, hostels and group
foster homes providing care and supervision, meals
and residential services) for a maximum of any
combination of two or fewer adults/children
2 (a)
200
125
50
50
Riding Academies and Stables (to a maximum of 9
AU cumulative across species)
2
200
125
25
25
CONDITIONAL USES
Agricultural Activities (Specialized) with associated
on-site retail sales to the Public includes but is not
limited to Nurseries, Berry Farms, Apiaries, Market
Garden Operations, Tree Farms (c) (d) (l) (o)
10
200
125
25
25
Agriculture Related Industries or Processing Plants (i)
10
400
125
25
25
Aircraft Landing Areas
10
200
125
25
25
Anhydrous Ammonia and other Hazardous Fertilizer
and/or Chemical Sales and Storage Facilities (g)
5
200
125
50
50
Auction Marts / Auction Grounds
2
200
125
25
25
Automobile, Implement, Trailer, Truck , Sales,
Storage and Maintenance Facilities including
Wrecking Establishments
5
200
125
50
50
53
TABLE 5-1: "R/A" RURAL / AGRICULTURE ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (i) (j) (o)
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(b) (j)
Rear
Yard
(feet)
(b)(j)
Cemeteries
2 (a)
200
125
50
50
Earth Moving Contractors
2
200
125
25
25
Establishments for the Storage, Handling or
Processing of Agricultural Produce Including Grain
Elevators and Seed Plants
2
200
125
50
50
Establishments for the Sales, Storage or Distribution
of Non-Hazardous Bulk Fertilizers, Agricultural
Supplies, Equipment or Structures (h)
2
200
125
50
50
Exhibition or Fair Grounds
5
200
125
50
50
Kennels and/or Pounds
2 (a)
200
125
50
50
Livestock Operations (newly siting or expanding)
300 AU or more in size (cumulative across species)
regardless of their location (c) (e) (f) (l) (See also
PART 6 of this By-law for additional
requirements)
80
1,000
125
25
25
Manufacturing, Fabricating, Machining, Processing or
Repair Establishments serving the agricultural sector
2 (a)
200
125
25
25
Motor Vehicle or Agricultural Equipment Body Shops,
Salvage, Sales, Storage, or Wrecking Operations
2 (a)
200
125
25
25
Museums or Historic Sites
2 (a)
200
125
25
25
Natural Resource Extraction Operations, including
but not limited to surface mining operations for
minerals such as sand and gravel including
harvesting, stockpiling, sales and trucking operations
when they are specifically related to and located on
the same site and directly supporting the principal
natural resource extraction activity
2
300
125
50
50
Non-Farm Dwellings, mobile and modular homes (f)
(l) (m)
2 (a)
200
125
50
50
Public Utility Buildings, Public Works Buildings,
Maintenance Yards, Garages and Compounds (See
also PART 2 Section 2.36 of this By-law)
2 (a)
200
125
25
25
Riding Academies and Stables involving 10 or more
animal units (cumulative across species)
80
1,000
125
25
25
Religious Institutions (k)
2 (a)
200
125
50
50
Residential Care Facilities (including halfway type
homes, rehabilitation homes, hostels and group
foster homes providing care and supervision, meals
and residential services) for any combination of three
or more adults/children
2 (a)
200
125
50
50
Sewage Lagoons (Public or Private)
5
300
125
50
50
Surface Mining Operations, including gravel pits
2
200
125
25
25
Veterinary Clinics
2 (a)
200
125
30
25
Waste Disposal Grounds (Public)
5
300
125
50
50
Wind Energy Generation Operations (WEGO) (h)
7
550
See footnote (h) forming part
of this table
54
TABLE 5-1: "R/A" RURAL / AGRICULTURE ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (i) (j) (o)
SITE SIZE
REQUIRED YARDS
Site
Area
(Acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(b) (j)
Rear
Yard
(feet)
(b)(j)
Wildlife and Forest Management Areas
1/2 acre
50
125
10
10
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2 of this By-law (l)
-
-
125
50
50
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General Regulations
for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of a conflict between
the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most restrictive requirement
shall prevail and shall be satisfied.
The following footnotes for the "R/A" Zoning District form part of TABLE 5-1 (above):
(a)
The maximum site area shall be ten (10) acres, unless physical features of the site (such as
natural drains, shelterbelts, etc.) would indicate that a larger site would, in the opinion of
Council, be appropriate.
(b)
Except for cemeteries, where a side or rear site line is adjacent to a government road
allowance or other municipal road, the minimum required side and/or rear yard shall be 125
feet.
(c)
Staff dwellings in addition to the dwelling of the owner/operator, including single-family, two-
family, dormitory and mobile homes may be located on the same site as either a permitted or
conditional general or specialized agricultural use or livestock operation when the staff
dwelling(s) are associated with and essential to the maintenance, operation and care of the
principal agricultural use.
(d)
Council may require the proponent to submit a site plan and/or business plan as part of the
conditional use permit application process that supports the development of a specialized
agricultural activity. Apiaries shall be prohibited within one-half mile of the designated
communities of Rivers, Wheatland and Bradwardine.
(e)
Applications to establish new or expand existing livestock operations as either a permitted or
conditional use (status depends on the size of the livestock operation as expressed in animal
units (AU) cumulative across species) must be made on the forms prescribed by Council and
include information required under PART 6 of this By-law.
(f)
Newly siting non-farm dwellings and livestock operations shall be subject to the minimum
mutual separation distance requirements for livestock operations as set forth in PART 6, Table
6.2 of this By-law or as may be varied on a case by case by Council.
(g)
Notwithstanding the requirements in Table 5.1 of this PART (above), all newly constructed
anhydrous ammonia storage facilities, shall be set back a minimum of 350 feet from all public
roadways and habitable dwellings (other than the dwelling of the owner or operator when
55
located said dwelling is located on the same parcel as the anhydrous ammonia storage
facility), and shall be setback a minimum distance of 2,640 feet from the limits of any area
designated or zoned for seasonal (cottage) or permanent residential development and all
urban settlements.
(h)
Commercial WEGO facilities may be allowed as a conditional use in the "R/A" Rural /
Agriculture Zone and shall be required to obtain a Development Permit(s) and any required
Building Permit(s).
(i)
A Commercial (WEGO) may be developed in the municipality on land owned by the
operator or land leased from the registered land owner.
(ii)
Land owned or leased for WEGO may contain the wind turbine generator tower and/or
the associated accessory buildings and infrastructure as well as compatible agricultural
operations which may co-exist with WEGO provided all other provisions of this By-law
are satisfied.
(iii)
For the purposes of this By-law, an application for a WEGO development involving
more than one parcel of land with separate title may be processed and approved as a
unit under one development permit provided that permit identifies each and every title
affected by the proposed development.
(iv)
WEGO developments shall be located a minimum of one half mile (2640 feet) from all
urban centres within the municipality (Rivers, all lands zoned for "RR" - Rural
Residential development as well as those lands zoned for urban-type land uses (i.e.
"GD" - General Development and "SR" Seasonal Recreation development zones).
This separation requirement may on a case by-case basis be varied by Council under
circumstances acceptable to Council in accordance with the procedures for variations
set out under the Planning Act and PART 7 of this By-law.
(v)
For municipal approvals, proponents of any WEGO shall submit a detailed site plan
showing the location of any wind energy generation devices (ex. wind turbines)
associated buildings and structures, electrical lines (above ground or buried) private
on-site roads, and driveways for access to the public road system.
(vi)
Buildings and accessory structures forming part of any WEGO shall comply with the
common front yard setback of 125 feet which applies to most land uses in the "RA"
Rural / Agriculture Zone adjacent to a public road in the municipality.
(vii)
WEGO development located adjacent to provincial roads or highways will be subject
to setback requirements set by the province and approvals from the authority having
jurisdiction.
(viii)
Proponents of a WEGO are responsible for obtaining any required Federal and/or
Provincial permits or approvals from agencies such as but not limited to Transport
Canada, NAV Canada, Manitoba Hydro, Manitoba Transportation and Government
Services, and Manitoba Conservation, prior to the issuance of a development permit
and any required building permits.
56
(ix)
When locating a proposed wind turbine in the vicinity of an airport and/or private
landing strip all Transport Canada regulations regarding height and location of
proposed buildings and structures shall be satisfied.
(x)
All signage affixed to a commercial WEGO shall be subject to the approval of Council.
Any illumination of the facility shall be arranged so that it does not create glare at any
nearby property or public roadway and subject to approval of Council.
(xi)
A development permit required under this By-law and building permit (if required) shall
be obtained prior to the commencement of construction of a WEGO.
(xii)
Newly sited residences in the vicinity of a WEGO, other than the residence of the owner
of the lands upon which a WEGO is located, shall be separated a minimum distance
of 500 meters ( or 1640 feet) from the nearest adjacent wind turbine tower constructed
as part of a WEGO.
(xiii)
The right-of-way for any commercial electrical transmission line may be located
adjacent to property lines within a WEGO development.
(xiv)
Wind turbines as part of a WEGO development shall be setback a minimum of one
and one tenth (1.1) times the total height of the tower plus rotor from any property
boundary, including the boundary of a railway right-of-way. Exception to this minimum
setback distance with respect to property lines may be allowed where the property line
nearest to any given wind turbine tower define and separate contiguous parcels within
a WEGO leased to the same or different operator(s). In such instances, the minimum
setback to the property line separating the wind turbine towers shall be reduced to six
tenths (0.60) times the total height of the tower plus rotor.
(xv)
Wind turbines shall be setback one and one tenth (1.1) times the total height of the
tower plus rotor from all government road allowances, any other public road and
Provincial Trunk Highways (PTH's) and Provincial Roads (PR's). Wind turbines taller
than one and one tenth (1.1) times the total height of the tower plus rotor, to be located
in provincial control areas adjacent to Provincial Trunk Highways and Provincial
Roads, shall be subject to setbacks required by the Province.
(xvi)
Wind turbines shall be setback a minimum distance of 500 meters or 1640 feet from
any existing residence in the "R/A" Rural / Agriculture Zone with the exception of a
residence located on lands owned or leased as part of a WEGO.
(xvii)
A wind turbine located on the same site and in direct support of either a permitted or
conditional general or specialized agricultural use, livestock operation or private
residential use shall be treated as an accessory structure. This structure shall be set
back from all property lines a minimum distance equal to its total height, measured
from the ground to the uppermost point of extension of its rotors.
(xviii) A wind turbine shall not be located within four hundred (400 feet) of the ordinary high
water mark of a lake or marsh over 3 acres in size.
(xix)
Wind turbines shall also adhere to setbacks from other types of development as
follows:
57
1)
One and one half (1.5) times the total height of the tower plus rotor from a land
owners dwelling(s) located on the same parcel as the WEGO;
2.
One and one tenth (1.1) times the total height of the tower plus rotor from non-
dwelling principal structures (ex. hog barn) on the same or adjacent
properties;
3.
500 meters (1640 feet) from all dwellings or other habitable buildings (eg. bed
& breakfast or motel) not associated with the WEGO.
4.
Two times the total height from an electrical transmission right-of-way owned
and/or operated by Manitoba Hydro.
5.
Wind turbines may be located a minimum of 25 feet from a property boundary
(other than a road right-of-way) when the registered owners have granted
their consent in writing and that consent is provided at the time of application
for municipal approval of a proposed WEGO.
Note: For purposes of administration this By-law, the total height of a wind turbine
shall be the distance measured from the ground to the uppermost point of the
extension of any rotor blade.
(i)
Where a proposed development involves the construction of "water control works" or "drainage
works" as identified under the Water Rights Act, it shall be the responsibility of the proponent
to contact the provincial authority having jurisdiction to obtain any required licenses or
approvals prior to the commencement of development.
(j)
1).
Under authority of The Highways Protection Act and the Highways and Transportation
Act where any structure or development is proposed under, below or at ground level
within the control areas of the provincial highway system, permits must be obtained
from the Highway Traffic Board and/or Manitoba Infrastructure.
2.
Where the site of the proposed development is located within one thousand (1,000)
feet of a Provincial Trunk Highway, or within one half (1/2) mile of a highway
intersection, the proposal shall be referred to Manitoba Infrastructure for review and
comment.
3.
Where a site line is adjacent to a Provincial Trunk Highway or Provincial Road, the
setback requirements and changes thereto, of the provincial highway authorities shall
apply.
(k)
Newly siting facilities of this type shall generally be directed to existing urban communities but
may be allowed in the "R/A" - Rural / Agriculture Zone if Council is satisfied that no suitable
site is available in an existing urban community.
(l)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(m)
All mobile homes shall meet or exceed the minimum requirements of The Manitoba Buildings
and Mobile Homes Act and satisfy the requirements of all municipal by-laws of Riverdale
Municipality.
58
(n)
Where the rear site line of a single family, mobile or modular home, two-family and multi-family
site is along a shoreline of a lake or other water body, the minimum rear yard shall be zero (0)
for accessory docks and/or boathouses only.
(o)
Where development is proposed within the "Rivers Reservoir Area" as identified in M.R.
22/88R under the Water Resources Administration Act, as amended and shown on the zoning
maps forming part of this By-law, the proponent shall be responsible for contacting Manitoba
Infrastructure (Hydrologic Forecasting and Water Management) or other provincial authority
having jurisdiction and obtain and have validated a "Permit" for construction prior to
commencement of development.
59
TABLE 5-2: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (k) (l) (n)
SITE SIZE
REQUIRED YARDS
Site Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Clubs, Private or Public
15,000
100
20
15
25
Community Facilities, including auditoriums,
community clubs, halls, libraries, museums,
theatres and historic sites
15,000
100
25
15
25
Drive-Through facilities or businesses
10,000
75
25
15
25
Dwellings, single-unit, including modular homes (j)
15,000
100
30
6 (p)
25
Dwellings, mobile home (j) (q)
15,000
100
30
6 (c) (p)
25
Dwellings, two-unit (j)
15,000 (r)
100 (r)
30
10 (p) (r)
25
Dwellings, multiple-unit (j)
20,000 (d)
100
30
10 (p)
25
Existing Lawfully Established Uses That Existed
Prior to Adoption of this By-law (See also PART
2, Sections 2.4 and 2.5 of this By-law)
15,000
100
30
6
25
Emergency Services, including police and fire
stations
15,000
100
25
15
25
Establishments for the provision of personal
services, including offices, financial institutions,
clinics, salons, day care facilities and funeral
homes
15,000
100
25
15
25
Establishments for the sale of goods or services,
provided that all storage is within a fully enclosed
building
6,000
60
25
6
25
Exhibition Grounds
20,000
100
25
15
25
Food/Beverage Service Establishments
6,000
60
25
12
25
Government Administrative Buildings and Offices
7,500
65
25
12
25
Grain Storage Buildings Including Elevators and
Mills
2 acres
100
20
10 (f)
25 (f)
Home Day Care, accommodating up to eight (8)
children
15,000
100
25
15
25
Institutional Buildings, including hospitals, schools,
personal care homes and senior citizen homes
1 acre
200
30
15
25
Lumber Sales, if completely enclosed in a building
or structure
25,000
150
20
20
20
Motor Vehicle and Trailer Sales, Service Stations
and Body Shops (f)
15,000 (g)
150
15 ft to
(pumps)
25 ft to
(bldgs)
15 ft to
(pumps)
25 ft to
(bldgs) (b)
15 ft to
(pumps)
25 ft to
(bldgs)
Parks or Playgrounds, Recreation Areas
5,000
50
25
6
25
Public Parking Areas
5,000
50
10
6
6
Public Utilities (e) (m)
5,000
50
25
10
25
Recreation Facilities
15,000
100
25
15
25
Religious Institutions
20,000
100
30
10
25
Residential Care Facilities including halfway type
homes, rehabilitation homes, hostels and group
foster homes providing meals and residential
15,000
100
30
10
25
60
TABLE 5-2: "GD" GENERAL DEVELOPMENT ZONE - USE & BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (k) (l) (n)
SITE SIZE
REQUIRED YARDS
Site Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
services, including care and supervision for two or
fewer adults or children
Senior Citizen Homes
20,000 (d)
100
20
20
20
CONDITIONAL USES
Boarding or Rooming Houses with more than four
(4) suites
15,000
100
25
15
25
Bulk Fuel Yards, Bulk Oil Storage
25,000
150
20
20
20
Campgrounds
20,000
100
25
15
25
Earth Moving Contractors and Ready-Mix
Concrete Suppliers
15,000
100
25
15
25
Establishments for the storage, handling or
processing of agricultural produce
15,000
100
25
15 (f)
25 (f)
Establishments for the sales, storage or
distribution of agricultural supplies, equipment or
structures, including card lock establishments
1 acre
150
35
20 (f)
20 (f)
Establishments for the sale of goods and services,
where there is exterior storage of products
15,000
100
20
10 (f)
25 (f)
Group Day Care accommodating nine (9) children
or more
15,000
100
25
15
25
Lumber Sales, if not completely enclosed in a
building or structure
25,000
150
20
20 (f)
20 (f)
Manufacturing, Fabricating, Machining,
Processing or Repair Establishments
15,000
100
25
15
25
Motor Vehicle Wrecking Operations
1 acre
150
35
20
20
Nurseries or Greenhouses
15,000
100
25
15
25
Public Works Compounds and Maintenance
Buildings (See PART 2 Section 2.36 of this By-
law)
15,000
100
30
6
25
Residential Care Facilities including halfway type
homes, rehabilitation homes, hostels and group
foster homes providing meals and residential
services, including care and supervision for three
or more adults or children
15,000
100
25
15
25
Trucking Establishments, Truck Terminals
1 acre
150
35
20
20
Veterinary Clinics
15,000
100
25
15
25
Warehouses and Storage Buildings for Non-
Hazardous Materials
15,000
100
20
10
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2 of this By-law (j)
-
-
(g)(o)
5(h)(o)
5(h)(i)(o)
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General Regulations
for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of a conflict between
the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most restrictive requirement
shall prevail and shall be satisfied.
61
The following footnotes for the "GD" Zoning District form part of TABLE 5-2 (above):
(a)
Maximum Height and Minimum Dwelling Unit Area Requirements
In addition to the minimum requirements of TABLE 5-2 of this PART, the following
requirements shall also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet, except for grain storage structures, fuel and fertilizer storage tanks, church
steeples and chimneys which may be higher subject to written approval by the
Development Officer.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet, if accessory to a residence except for flag poles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high, and eighteen (18) feet if accessory to a non-residential use.
(iii)
The minimum dwelling unit area for a single family dwelling or modular home is 600
square feet and 300 square feet for a secondary residential suite located within or
attached to a single-family dwelling or modular home. The minimum individual
dwelling unit floor area within a multi-family dwelling shall be 400 square feet and the
maximum site coverage shall be 60 percent. The minimum individual dwelling unit
area located within a commercial building shall be 400 square feet and in all cases,
said residential dwelling unit shall be located above or behind the principal commercial
use of the building.
(b)
Un-Serviced Zoning Sites
Where a site is not serviced by a municipal piped sewer system or a private holding tank
approved by the provincial authority having jurisdiction, the minimum bulk requirements shall
be adjusted as follows:
(i)
Minimum required site area - 2 acres;
(ii)
Minimum required site width - 200 feet;
(iii)
Minimum required side yard - 30 feet.
(c)
For mobile home sites, there shall be an open space at least twenty (20) feet by fifty (50) feet
adjacent to one side of the mobile home containing either the entrance or the main living room
window, to be utilized for household exterior recreational use.
(d)
The minimum required site area for the first three (3) dwelling units shall be 20,000 square
feet, and the minimum required site area shall increase by an additional 1,000 square feet for
each additional dwelling unit above three (3) units.
(e)
Where the proposed development consists of a building or structure less than 100 square feet
in floor area, a smaller site may be approved, provided that the site is not adjacent to a required
front yard of a residential site, and provided that a separation distance of seven (7) feet is
maintained from all site lines.
62
(f)
Where the side or rear site line of a site coincides with the boundary of a railway right-of-way,
the required yard shall be zero (0) feet for those structures which require railway service for
loading or unloading.
(g)
The minimum required front yard for accessory buildings and structures shall be the same, as
the minimum required front yard for the principal building on the same site.
(h)
In the case of buildings or structures which are accessory to residential uses (except for vehicle
garages as described in footnote (i) below), when located entirely to the rear of the principal
building, the minimum required side yard and rear yard for accessory buildings and structures
shall be three (3) feet.
(i)
Where an accessory building is used for the storage of a motor vehicle, the wall of the building
that contains the vehicular access door shall be set back a minimum distance of fifteen (15)
feet from a public road or lane used for access to this building.
(j)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(k)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the provincial
authorities having jurisdiction.
(l)
The keeping of livestock and/or the construction of buildings or other structures or enclosures
for the purposes of keeping livestock is prohibited within the "GD" General Development
Zone.
(m)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated
equipment such as poles, transformers and switching boxes including Manitoba Hydro
Substations and similar infrastructure since all of this apparatus may require only very small
parcels or none at all (easements). This does not apply, however, to offices, equipment or
vehicle storage, parking or workshops, where and if these uses are permitted or approved.
(n)
Where a proposed development involves the construction of "water control works" or
"drainage works" as identified under the Water Rights Act, it shall be the responsibility of the
proponent to contact the provincial authority having jurisdiction to obtain any required licenses
or approvals prior to the commencement of development.
(o)
All signs shall be setback a minimum of 5 feet from the limits of the parcel on which it they are
located and to which it is accessory. In the case of a corner lot, the corner side yard setback
shall be increased to minimum of twelve (10) feet. See also PART 2, Section 2.22 of this
By-law).
(p)
One side yard shall be twelve (12) feet where there is no public lane bordering the rear
property-line of the zoning site.
(q)
All mobile homes shall meet or exceed the minimum requirements of the Manitoba Buildings
and Mobile Homes Act and satisfy the requirements of all municipal by-laws of Riverdale
Municipality.
63
(r)
For two-family dwellings subdivided with a separate title for each unit, the minimum site area
for each dwelling unit shall be 7,500 sq. ft. and the minimum site width for each dwelling unit
shall be 50 feet and the side yard on the side having a common party wall shall be reduced to
zero (0) and the interior side site line must be completely contained within the common party
wall.
64
TABLE 5-3: "RR" RURAL RESIDENTIAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (g) (h) (i) (n)
SITE SIZE
REQUIRED YARDS
Site Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Dwellings, single-unit
2 acres
200
30
30
25 (k)
Existing Lawfully Established Uses That Existed
Prior to Adoption of this By-law (See also PART
2, Sections 2.4 and 2.5 of this By-law)
2 acres
200
30
30
25
Historical Sites
1 acre
100
125
30
30
Recreation Facilities including public playgrounds,
parks, picnic areas, tot lots,
20,000
100
30
20
25
Public Utilities (j) (See also PART 2 Section 2.36
of this By-law)
5,000
50
25
10
25
CONDITIONAL USES
Dwellings, Mobile and Modular Homes (l) (n)
2 acres
200
30
30
25 (k)
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2 of this By-law (m)
-
-
(e)
10
10 (f)(g)
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of
a conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
The following footnotes for the "RR" Rural Residential Zoning District form part of TABLE 5-3
(above):
(a)
Maximum Height and Minimum Dwelling Unit Area Requirements
In addition to the minimum requirements of Table 5.3 (above), the following requirements shall
also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet, if accessory to a residence except for flagpoles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high, and eighteen (18) feet if accessory to a non-residential use.
(iii)
Minimum dwelling unit area shall be 1,000 square feet for a single-family dwelling,
mobile or modular home and 400 square feet for a secondary residential suite located
within a within or attached to a single dwelling-unit or modular home.
(b)
Serviced Sites
Where a site is serviced by a municipal piped sewer system or a private holding tank approved
by the provincial authority having jurisdiction, the minimum bulk requirements shall be adjusted
as follows:
65
(i)
Minimum required site area - 15,000 square feet;
(ii)
Minimum required site width - 100 feet;
(iii)
Minimum required side yard - 10 feet.
(iv)
In the case of a multi-family dwelling site serviced by a municipal piped sewer system
or private holding tank, the minimum required site area for the first three (3) dwelling
units shall be twenty-thousand (20,000) square feet, and the minimum required site
area shall increase by an additional one-thousand (1,000) square feet for each
additional dwelling unit above three (3) units. In addition, the minimum site width shall
be one hundred (100) feet and the minimum front, side and rear yard setbacks shall
each be twenty (25) feet.
(c)
For mobile home sites, there shall be an open space at least twenty (20) feet by fifty (50) feet
adjacent to the side of the mobile home containing either the entrance or the main living room
window, to be utilized for household exterior recreational use.
(d)
The minimum required front yard for accessory buildings and structures shall be the same as
the minimum required front yard for the principal building on the same zoning site.
(e)
In the case of buildings or structures, which are accessory to residential uses (except for
vehicle garages as described in footnote (f) below), when located entirely to the rear of the
principal building, the minimum required side yard and rear yard for accessory buildings and
structures shall be three (3) feet.
(f)
Where an accessory building is used for the storage of a motor vehicle, the wall which contains
the vehicular access door shall be set back a minimum distance of fifteen (15) feet from a
public road or lane used for access to this building.
(g)
Where a site line is adjacent to a Provincial Trunk Highway or Provincial Road, the minimum
required yard shall be specified by the provincial highway authority, instead of the relevant
provision of this Table.
(h)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the Highway
Traffic Board and/or Manitoba Infrastructure.
(i)
Where a proposed development involves the construction of "water control works" or "drainage
works" as identified under the Water Rights Act, it shall be the responsibility of the proponent
to contact the provincial authority having jurisdiction to obtain any required licenses or
approvals prior to the commencement of development.
(j)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated
equipment such as poles, transformers and switching boxes including Manitoba Hydro
Substations and similar infrastructure since all of this apparatus may require only very small
parcels or none at all (easements). This does not apply, however, to offices, equipment or
vehicle storage, parking or workshops, where and if these uses are permitted or approved.
66
(k)
Where the rear site line of a single family, mobile or modular home, two-family or multi-family
dwelling site is along a shoreline of a lake or other water body, the minimum rear yard shall be
zero (0) for accessory docks and/or boathouses only.
(l)
All mobile and modular homes shall meet or exceed the minimum requirements of the Manitoba
Buildings and Mobile Homes Act and satisfy the requirements of all municipal by-laws of
Riverdale Municipality including the Municipal Building By-law.
(m)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(n)
Where development is proposed within the "Rivers Reservoir Area" as identified in M.R.
22/88R under the Water Resources Administration Act, as amended and shown on the zoning
maps forming part of this By-law, the proponent shall be responsible for contacting Manitoba
Infrastructure (Hydrologic Forecasting and Water Management) or other provincial authority
having jurisdiction and obtain and have validated a "Permit" for construction prior to
commencement of development.
67
TABLE 5-4: "SR-1" SEASONAL RECREATION ZONE - USE & BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (g) (h) (i) (n) (o)
SITE SIZE
REQUIRED YARDS
Site Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear Yard
(feet)
PERMITTED USES
Dwellings, cottages
1 acre
100
25
15
25 (k)
Dwellings, single-unit , mobile and modular homes
1 acre
100
25
15(c)
25 (k)
Existing Lawfully Established Uses That Existed
Prior to Adoption of this By-law (See also PART
2, Sections 2.4 and 2.5 of this By-law)
1 acre
200
25
15
25(k)
Public Utilities (j) (See also PART 2 Section 2.36
of this By-law)
5,000
50
25
6
25
Recreation Facilities including public playgrounds,
parks, picnic areas, low intensity outdoor
recreation facilities such as tennis courts,
horseshoe pitches, lawn bowling courts,
swimming pools
20,000
100
30
20
25
CONDITIONAL USES
Campgrounds, including group camping facilities
4 acres
200
50
25
25(k)
Dwellings, Two-Unit
1 acre
100
25
10
25 (k)
Golf Courses, including related food and beverage
concessions when located on the same site
30 acres
575
125
15
25
Golf Driving Ranges, including related food and
beverage concessions when located on the same
site
4 acres
200
50
25
25
Marinas , including associated food and beverage
concessions when located on the same site
15,000
70
30
25
25 (k)
Mobile Home Parks
3 acres
200
25
25
25
Nurseries or Greenhouses
12,000
110
30
20
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2 of this By-law (n)
-
-
(d)(m)
5(e)(m)
5(e)(f)(m)
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General Regulations
for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of a conflict between
the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most restrictive requirement shall
prevail and shall be satisfied.
The following footnotes for the "SR-1" Seasonal Recreation Zoning District form part of TABLE
5-4 (above):
(a)
Maximum Height and Minimum Dwelling Unit Area Requirements
In addition to the minimum requirements of Table 5.4 (above), the following requirements shall
also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet, if accessory to a residence except for flagpoles and privately owned
68
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high, and eighteen (18) feet if accessory to a non-residential use.
(iii)
Minimum dwelling unit area shall be 600 square feet for a single-family dwelling, mobile
or modular home, 400 square feet per unit for two-family and multi-family dwellings
and 400 square feet for cottages and a secondary residential suite located within or
attached to a single-family dwelling or modular home.
(b)
Un-Serviced Sites
Where a site is not serviced by a municipal piped sewer system or a private holding tank
approved by the provincial authority having jurisdiction, the minimum bulk requirements shall
be adjusted as follows:
(v)
Minimum required site area - 2 acres;
(vi)
Minimum required site width - 200 feet;
(vii)
Minimum required side yard - 30 feet.
(c)
For mobile home sites, there shall be an open space at least twenty (20) feet by fifty (50) feet
adjacent to the side of the mobile home containing either the entrance or the main living room
window, to be utilized for household exterior recreational use.
(d)
The minimum required front yard for accessory buildings and structures shall be the same, as
the minimum required front yard for the principal building on the same site.
(e)
In the case of buildings or structures, which are accessory to residential uses (except for
vehicle garages as described in footnote (f) below), when located entirely to the rear of the
principal building, the minimum required side yard and rear yard for accessory buildings and
structures shall be three (3) feet.
(f)
Where an accessory building is used for the storage of a motor vehicle, the wall which contains
the vehicular access door shall be set back a minimum distance of fifteen (15) feet from a
public road or lane used for access to this building.
(g)
Where a site line is adjacent to a Provincial Trunk Highway or Provincial Road, the minimum
required yard shall be specified by the provincial authority having jurisdiction, instead of the
relevant provision of this Table.
(h)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the Highway
Traffic Board and/or Manitoba Infrastructure.
(i)
Where a proposed development involves the construction of "water control works" or "drainage
works" as identified under the Water Rights Act, it shall be the responsibility of the proponent
to contact the provincial authority having jurisdiction to obtain any required licenses or
approvals prior to the commencement of development.
69
(j)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated
equipment such as poles, transformers and switching boxes including Manitoba Hydro
Substations and similar infrastructure since all of this apparatus may require only very small
parcels or none at all (easements). This does not apply, however, to offices, equipment or
vehicle storage, parking or workshops, where and if these uses are permitted or approved.
(k)
Where the rear site line of a single family, mobile or modular home, two-family and multi-family
site is along a shoreline of a lake or other water body, the minimum rear yard shall be zero (0)
for accessory docks and/or boathouses only.
(l)
Where an area is developed or expanded for residential purposes (i.e. cottages, single family
dwellings, modular or mobile homes, two-family dwellings), no parcel shall be created or
thereafter further re-subdivided for residential purposes unless each parcel intended for
residential development conforms to the minimum site area and width requirements as set
forth in Table 5.4 of this PART.
(m)
All signs shall be setback a minimum of 5 feet from the limits of the parcel on which it they are
located and to which it is accessory. In the case of a corner lot, the corner side yard setback
shall be increased to minimum of ten (10) feet. (See also PART 2, Section 2.24 of this By-
law).
(n)
Where development is proposed within the "Rivers Reservoir Area" as identified in M.R.
22/88R under the Water Resources Administration Act, as amended and shown on the zoning
maps forming part of this By-law, the proponent shall be responsible for contacting Manitoba
Infrastructure (Hydrologic Forecasting and Water Management) or other provincial authority
having jurisdiction and obtain and have validated a "Permit" for construction prior to
commencement of development.
(o)
The keeping of livestock and/or the construction of buildings or other structures or enclosures for
the purposes of keeping any livestock is prohibited within the "SR-1" Seasonal Recreation
Zone.
70
TABLE 5-5: "SR-2" SEASONAL RECREATION ZONE - USE & BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (a) (g) (h) (i) (n)
SITE SIZE
REQUIRED YARDS
Site Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear Yard
(feet)
PERMITTED USES
Dwellings, cottages
2 acres
200
25
15
25 (k)
Dwellings, single-unit, mobile and modular homes
2 acres
200
25
15(c)
25 (k)
Existing Lawfully Established Uses That Existed
Prior to Adoption of this By-law (See also PART
2, Sections 2.4 and 2.5 of this By-law)
2 acre
200
25
15
25(k)
Public Utilities (j) (See also PART 2 Section 2.36
of this By-law)
5,000
50
25
6
25
Recreation Facilities including public playgrounds,
parks, picnic areas, low intensity outdoor
recreation facilities such as tennis courts,
horseshoe pitches, lawn bowling courts,
swimming pools
20,000
100
30
20
25
CONDITIONAL USES
Campgrounds, including group camping facilities
4 acres
200
50
25
25(k)
Dwellings, Two-Unit (b)
2 acre
200
25
10
25 (k)
Dwellings, Multi-Unit (b)
2 acres
200
25
10
25(k)
Golf Courses, including related food and beverage
concessions when located on the same site
30 acres
575
125
15
25
Golf Driving Ranges, including related food and
beverage concessions when located on the same
site
4 acres
200
50
25
25
Marinas , including associated food and beverage
concessions when located on the same site
15,000
70
30
25
25 (k)
Mobile Home Parks
3 acres
200
25
20
25
Nurseries or Greenhouses
12,000
110
30
25
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2 of this By-law (b)
-
-
(d)(m)
5(e)(m)
5(e)(f)(m)
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General Regulations
for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of a conflict between
the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most restrictive requirement shall
prevail and shall be satisfied.
The following footnotes for the "SR-2" Seasonal Recreation Zoning District form part of TABLE
5-5 (above):
(a)
Maximum Height and Minimum Dwelling Unit Area Requirements
In addition to the minimum requirements of Table 5.5 (above), the following requirements shall
also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet.
71
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet, if accessory to a residence except for flagpoles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high, and eighteen (18) feet if accessory to a non-residential use.
(iii)
Minimum dwelling unit area shall be 600 square feet for a single-family dwelling, mobile
or modular home, 400 square feet per unit for two-family and multi-family dwellings
and 400 square feet for cottages and a secondary residential suite located within or
attached to a single-family dwelling or modular home.
(b)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(c)
For mobile home sites, there shall be an open space at least twenty (20) feet by fifty (50) feet
adjacent to the side of the mobile home containing either the entrance or the main living room
window, to be utilized for household exterior recreational use.
(d)
The minimum required front yard for accessory buildings and structures shall be the same, as
the minimum required front yard for the principal building on the same site.
(e)
In the case of buildings or structures, which are accessory to residential uses (except for
vehicle garages as described in footnote (f) below), when located entirely to the rear of the
principal building, the minimum required side yard and rear yard for accessory buildings and
structures shall be three (3) feet.
(f)
Where an accessory building is used for the storage of a motor vehicle, the wall which contains
the vehicular access door shall be set back a minimum distance of fifteen (15) feet from a
public road or lane used for access to this building.
(g)
Where a site line is adjacent to a Provincial Trunk Highway or Provincial Road, the minimum
required yard shall be specified by the provincial authority having jurisdiction, instead of the
relevant provision of this Table.
(h)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the Highway
Traffic Board and/or Manitoba Infrastructure.
(i)
Where a proposed development involves the construction of "water control works" or "drainage
works" as identified under the Water Rights Act, it shall be the responsibility of the proponent
to contact the provincial authority having jurisdiction to obtain any required licenses or
approvals prior to the commencement of development.
(j)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated
equipment such as poles, transformers and switching boxes including Manitoba Hydro
Substations and similar infrastructure since all of this apparatus may require only very small
parcels or none at all (easements). This does not apply, however, to offices, equipment or
vehicle storage, parking or workshops, where and if these uses are permitted or approved.
72
(k)
Where the rear site line of a single family, mobile or modular home, two-family and multi-family
site is along a shoreline of a lake or other water body, the minimum rear yard shall be zero (0)
for accessory docks and/or boathouses only.
(l)
Where an area is developed or expanded for residential purposes (i.e. cottages, single family
dwellings, modular or mobile homes, two-family and multi-family dwellings), no parcel shall be
created or thereafter further re-subdivided for residential purposes unless each parcel
intended for residential development conforms to the minimum site area and width
requirements as set forth in Table 5.5 of this PART.
(m)
All signs shall be setback a minimum of 5 feet from the limits of the parcel on which it they are
located and to which it is accessory. In the case of a corner lot, the corner side yard setback
shall be increased to minimum of ten (10) feet. (See also PART 2, Section 2.24 of this By-
law).
(n)
Where development is proposed within the "Rivers Reservoir Area" as identified in M.R.
22/88R under the Water Resources Administration Act, as amended and shown on the zoning
maps forming part of this By-law, the proponent shall be responsible for contacting Manitoba
Infrastructure (Hydrologic Forecasting and Water Management) or other provincial authority
having jurisdiction and obtain and have validated a "Permit" for construction prior to
commencement of development.
73
TABLE 5-6: "MR" INDUSTRIAL RURAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (f) (j)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(d)
Side
Yard
(h)
Rear
Yard (h)
PERMITTED USES
Agricultural Machinery and Equipment Sales and
Distribution with Minor Assembly, Parts, Service and
Repair
12,000
100
20
15
20
Aircraft Sales and Service
20,000
100
20
15
20
Assembly, Storage, Sales and Distribution of Farm
Buildings and Structures
12,000
100
20
15
20
Auction Marts, excluding livestock
12,000
100
20
15
20
Automotive, Motorcycle, Bicycle, Snowmobile, Marine,
Aircraft, ATV Trailer and House Trailer and other
Vehicle Parts, Sales, Storage, Repair, Service and
rental of new and used vehicles
6,000
50
30
10
20
Automobile Service Stations (gas stations) and
Garages
6,000
50
30
10
20
Cafes and Coffee Shops
6,000
60
30
10
20
Contractors' establishments, including sales and
storage of building and landscaping material and
equipment including electrical, insulation, drywall,
eavestroughing, painting, decorating, roofing,
stuccoing, HVAC, windows and like uses
12,000
100
20
15
20
Establishments for the sale and storage (indoor and or
outdoor) and distribution of building materials including
lumber yards (indoor and or outdoor)
12,000
100
20
15
20
Existing Uses Lawfully Established Prior to the
Adoption of this By-law
6,000
50
20
10
20
Fertilizer (Solid) Sales, Distribution and Storage
12,000
100
20
15
20
Garden Supplies, Sales, Distribution, Storage (indoor
and outdoor) and Manufacturing providing it is
conducted within a completely enclosed building
6,000
50
20
10
20
Office Equipment and Furniture, Sales, Service and
manufacturing providing it is conducted within a
completely enclosed building
6,000
50
25
10
25
Public Utilities
5,000
50
25
6
20
Public Works Compounds and Maintenance Buildings
(d)
6,000
50
25
10
20
Storage Facilities and Compounds (exterior) for Non-
hazardous materials including lumber, building
supplies, and contractors equipment (d)
6,000
50
25
10
20
Taxi or Courier Services
6,000
50
25
10
20
Tire Shops
6,000
50
25
10
20
Warehouse and Storage for Non-Hazardous, Non-
Flammable and Non-Toxic Materials
12,000
100
20
15
20
Wholesale Establishments including Sales,
Showrooms and Related Storage
12,000
100
20
15
20
CONDITIONAL USES
Aircraft Manufacturing, Sales and Service
20,000
100
20
15
20
Agricultural Machinery and Equipment Manufacturing
12,000
100
20
15
20
74
TABLE 5-6: "MR" INDUSTRIAL RURAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (f) (j)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(d)
Side
Yard
(h)
Rear
Yard (h)
Agricultural Feed Manufacturing and Processing,
Sales, Distribution and Storage, including flour mills,
grain elevators and terminals, Seed Cleaning and
Drying Plants
20,000
100
20
15
20
Asphalt or Asphalt Products Manufacturing, Sales,
Distribution and Storage
20,000
100
30
20
30
Auction Marts
12,000
100
25
15
20
Automotive, Motorcycle, Bicycle, Snowmobile, Marine,
Aircraft, ATV Trailer and House Trailer and other
Vehicle Manufacturing
12,000
100
25
15
20
Automobile Wrecking Yards and Scrap Yards
20,000
100
30
15
20
Bulk Fuel Sales, Including Card-Lock Facilities, Coal
and Coke Sales Storage and Distribution
20,000
100
30
15
25
Concrete and Cement Batch Plants
20,000
100
30
20
30
Establishments for Bulk Processing, Distillation, Pulp
or Fiber Reduction of Lumber and Wood Products
20,000
100
30
20
30
Fertilizer (Liquid) Manufacturing, Sales, Distribution
and Storage and Fertilizer (Solid) Manufacturing
20,000
100
30
20
30
Kennels, including Pounds and Shelters, Boarding,
Care and Training Facilities
6,000
50
20
10
20
Light manufacturing not otherwise identified in this
Table producing negligible noise, dust, odour,
emission or any other nuisance factor
6,000
50
20
10
20
Livestock Processing including Abattoirs, Meat
Processing and Packaging, Milk Processing and
Packaging of Dairy Products, and stockyards for the
holding, sales and shipping of livestock
20,000
100
30
20
30
Manufacturing of Chemicals
20,000
100
30
20
30
Manufacturing of Farm Buildings and Structures
20,000
100
30
20
30
Poultry Hatcheries
20,000
100
30
20
30
Sand Blasting Operations (Indoor)
12,000
100
25
15
20
Sand Blasting Operations (Outdoor)
20,000
100
30
20
30
Sand and Gravel Sales and Stockpiling and related
Aggregate Hauling When located on the same site
20,000
100
30
15
25
Trucking Establishments, Rail Yards, and Related
Uses
20,000
200
30
15
30
Veterinary Clinics
6,000
50
20
10
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2 of this By-law
-
-
(f) (i)
10 (i)
2 (i)
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of a
conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
75
The following footnotes for the "MR" Industrial - Rural Zoning District form part of TABLE 5-6:
(a)
Maximum Height and Dwelling Unit Area Requirements
i)
In addition to the minimum requirements of this TABLE, the maximum allowable height
for all principal buildings and structures shall be forty-five (45) feet, and accessory
buildings and structures shall not exceed the height of the principal building or structure,
with the exception of grain storage structures, fuel and fertilizer storage tanks, church
steeples and telecommunications towers which are accessory to a permitted or
conditional use.
ii)
The maximum height of accessory buildings and structures shall not exceed the height
of the principal building or structure.
iii)
Accessory dwelling units are only permitted when they are located within or are
accessory to an industrial building where there is industrial activity conducted in the front
portion of the ground floor. Accessory dwelling unit(s) within or accessory to an
industrial building shall be located in the rear portion of the ground floor and/or or on the
2nd or 3rd floor(s) or in the case of detached accessory dwelling unit(s), located to the
rear of the principal building on the zoning site to which it is accessory. In all cases,
said accessory dwelling unit(s) are intended for occupancy by the owner and or
employee(s) of the industrial business located on the same zoning site, the operator of
the industrial enterprise, a watchman or caretaker and his/her family.
iv)
The minimum dwelling unit area for an accessory dwelling unit located within or
accessory to an industrial building shall be 400 sq/ft.
(b)
All manufacturing activities shall be conducted entirely within an enclosed building unless
otherwise noted in Table 5-6 of this PART.
(c)
Where Table 5-6 of this PART, indicates outdoor storage of goods and materials is
supported, said outdoor storage of goods and materials shall conform to the following
requirements:
(i)
All outdoor storage of goods and materials shall be located to the rear of a line adjacent
to and parallel with the front wall of the principal building on the zoning site on which
the materials will be stored;
(ii)
the storage area shall be totally enclosed by a wall or fence with a minimum height of
six (6) feet, maintained in good condition and repair; and
(iii)
the goods and materials stored shall not project above the height of the enclosing wall
or fence.
(d)
Notwithstanding the requirements of Table 5-6 of this PART, the minimum front yard
requirement for a zoning site, where there are existing buildings on the adjacent sites on both
sides of the site, or on one side for a corner site, shall not vary more than ten (10) percent from
the average existing front yards for the said adjacent buildings, provided said distance is less
than the minimum bulk requirements. The minimum front yard requirements noted herein may
be used to determine the front yard requirement for a building that was destroyed and is being
76
rebuilt, or where an existing building is to have an addition made to it, or where a new building
is to be constructed in an infilling situation.
(e)
For a group of principal buildings located on one zoning site, the yards on the boundary of the
site shall not be less than those required in the zone in which the site is located, nor shall the
distance between buildings within the site be less than the sum of two of these required yards.
(f)
The minimum required front yard for an accessory use, building or structure shall be the same
as is required for the principal use on that zoning site.
(g)
Front yards shall include landscaped green space adjacent to the street right-of-way, at least
ten (10) feet in depth as measured from the front property line;
(h)
Where adjacent to a residential zone, a side and/or rear yard of twenty (20) feet shall be
provided.
(i)
Notwithstanding the requirements of Table 5-6 of this PART, all signs shall be setback a
minimum of six (5) feet from all limits of the parcel on which it is located and the use to which it
is accessory. In the case of a corner lot, the corner side yard setback shall be increased to
minimum of ten (10) feet. (See also PART 2, Section 2.25 of this By-law).
(j)
Under authority of The Highways Protection Act and the Highways and Transportation Act where
any structure or development is proposed under, below or at ground level within the control areas
of the provincial highway system, permits must be obtained from the Highway Traffic Board
and/or Manitoba Infrastructure.
77
TABLE 5-7: "RG" RESIDENTIAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (g) (h) (i)
SITE SIZE
REQUIRED YARDS
Site
Area
(Sq.
feet)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Cultural Facilities, including arts centres, galleries,
museums, theatres, libraries and historic sites
5,000
50
25
6 (b)
25
Boarding, rooming, and lodging houses for two (2) or
less persons
5,000
50
25
6 (b)
25
Dwellings, Single-Unit (excluding mobile and modular
homes) (l)
5,000
50
25
6 (b)
25
Existing Lawfully Established Uses That Existed Prior
to Adoption of this By-law (See also PART 2,
Sections 2.4 and 2.5 of this By-law)
5,000
50
25
6
25
Playgrounds, tot lots and similar uses including buffer
strips, public reserves and public walkways
5,000
50
25
6 (b)
25
Public Utilities (c) (j)
5,000
50
25
6 (b)
25
R.C.M.P. Barracks
5,000
50
25
6 (b)
25
CONDITIONAL USES
Boarding, rooming, and lodging houses for three (3)
or more persons
10,000
75
25
10
25
Community centres or community clubs
10,000
75
25
10
25
Convalescent homes, nursing care homes, rest
homes, and similar uses
10,000
75
25
10
25
Convenience stores
6,600
60
25
10
25
Dwellings, Two-Unit
6,600 (k)
60 (k)
25
10 (k)
25
Dwellings, Multi-Unit
10,000
75
25
10
25
Group Day Care accommodating nine (9) children or
more
7,500
65
25
10
25
Home Day Care, accommodating up to eight (8)
children
5,000
50
25
6 (b)
25
Lodges
5,000
50
25
6 (b)
25
Private non-profit clubs or halls
5,000
50
25
6 (b)
25
Public Works Compounds and Maintenance
Buildings (See PART 2 Section 2.36 of this By-law)
15,000
100
30
6(b)
25
Religious Institutions, and related uses including non-
residential schools incidental to a religious institution
and offices and residences related to the
administration of the religious institution
10,000
75
25
10
25
Residential care facilities for up to four (4) or fewer
children or adults
7,500
65
25
10
25
Schools
5 acres
300
30
25
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2 of this By-law (o)
-
-
(d)
5 (e)
5 (f)
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of
a conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
78
The following footnotes for the "RG" Residential General Zone form part of TABLE 5-
7:
(a)
Maximum Height and Minimum Dwelling-Unit Area Requirements
In addition to the minimum requirements of Table 5.7, the following requirements shall also
apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet except for church steeples, chimneys, elevator and stair bulkheads and parapet
walls above the roofline which may be higher subject to written approval by the
Development Officer.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet if accessory to a residence except for flagpoles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high and eighteen (18) feet if accessory to a non-residential use.
(iii)
The minimum required dwelling unit area shall be 600 square feet for a single-family
dwelling and modular homes, 400 square feet per unit for two-family dwellings and 400
square feet for a secondary residential suite located within or attached to a single
dwelling-unit or modular home.
(iv)
The minimum required site area for the first four (4) dwelling units of a multi-family
dwelling shall be 10,000 square feet, and the minimum required site area shall
increase by an additional 1,000 square feet for each additional dwelling unit above four
(4) units.
(b)
When located on a corner site, the minimum required side yard on the street side of the site
shall be ten (10) feet for all principal and accessory buildings and structures.
(c)
Where the proposed public utility development consists of a building or structure less than
one-hundred (100) square feet in floor area, a smaller site may be approved, provided that
the site is not adjacent to a required front yard of a residential site, and provided that a
separation distance of seven (7) feet is maintained from all site lines.
(d)
The minimum required front yard for accessory buildings and structures shall be the same,
as the minimum required front yard for the principal building on the same zoning site.
(e)
In the case of buildings or structures which are accessory to residential uses (except for
vehicle garages as described in footnote (f) below), when located entirely to the rear of the
principal building, the minimum required side yard and rear yard for accessory buildings and
structures shall be three (3) feet.
(f)
Where an accessory building is used for the storage of a motor vehicle, the wall which
contains the vehicular access door shall be set back a minimum distance of fifteen (15) feet
from a public road or lane used for access to this building.
(g)
Where a site line is adjacent to a Provincial Trunk Highway or Provincial Road, the minimum
required yard shall be specified by the provincial authority having jurisdiction, instead of the
relevant provision of this Table.
79
(h)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the Highway
Traffic Board and/or Manitoba Infrastructure.
(i)
Where a proposed development involves the construction of "water control works" or
"drainage works" as identified under the Water Rights Act, it shall be the responsibility of the
proponent to contact the provincial authority having jurisdiction to obtain any required
licenses or approvals prior to the commencement of development.
(j)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated
equipment such as poles, transformers and switching boxes including Manitoba Hydro
Substations and similar infrastructure since all of this apparatus may require only very small
parcels or none at all (easements). This does not apply, however, to offices, equipment or
vehicle storage, parking or workshops, where and if these uses are permitted or approved.
(k)
For two-family dwellings subdivided with a separate title for each unit, the minimum site area
for each dwelling unit shall be 3,300 sq. ft. and the minimum site width for each dwelling unit
shall be 30 feet and the side yard on the side having a common party wall shall be reduced
to zero (0) and the interior side site line must be completely contained within the common
party wall.
(l)
Where an area is developed or expanded for residential purposes (i.e. single family
dwellings, two-family and/or multi-family dwellings), no parcel shall be created or thereafter
further re-subdivided for residential purposes unless each parcel intended for residential
development conforms to the minimum site area and width requirements as set forth in Table
5.7 of this PART.
(m)
The minimum front yard requirement for a zoning site, where there are existing buildings on
the adjacent sites on both sides of the site, or on one side for a corner site, shall be modified
from the front yard setback requirements of Table 5.7 so as to be within ten (10) percent of
the existing average front yards for the said adjacent buildings, provided said distance is less
than the minimum bulk requirements of Table 5.7. The minimum front yard requirement
noted herein may be used to determine the front yard requirement for a building that was
destroyed and is being rebuilt, or where an existing building is to have an addition made to
it, or where a new building is to be constructed in an infilling situation.
(n)
All signs shall be setback a minimum of 5 feet from the limits of the parcel on which it they
are located and to which it is accessory. In the case of a corner lot, the corner side yard
setback shall be increased to minimum of twelve (10) feet. (See also PART 2, Section 2.26
of this By-law).
(o)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
80
TABLE 5-8: "RE" RESIDENTIAL ESTATE ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (g) (h) (i)
SITE SIZE
REQUIRED YARDS
Site Area
(Sq. feet)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Dwellings, Single-Unit (excluding mobile and
modular homes) (l)
2 acres
200
25
10 (b)
25
Dwellings, Two-Unit
2 acres (k)
200 (k)
25
15 (k)
25
Playgrounds, tot lots and similar uses including
buffer strips, public reserves and public walkways
5,000
50
25
6 (b)
25
Public Utilities (c) (j)
5,000
50
25
6 (b)
25
CONDITIONAL USES
Community centres or community clubs
2 acres
200
25
15
25
Convalescent homes, nursing care homes, rest
homes, and similar uses
2 acres
200
25
15
25
Group Day Care accommodating nine (9) children
or more
2 acres
200
25
15
25
Home Day Care accommodating up to eight (8)
children Home Day Care facilities
2 acres
200
25
15
25
Lodges
2 acres
200
25
15
25
Private non-profit clubs or halls
2 acres
200
25
15
25
Public Works Compounds and Maintenance
Buildings (See PART 2 Section 2.36 of this By-
law)
2 acres
200
30
15
25
Religious Institutions, and related uses including
non-residential schools incidental to a religious
institution and offices and residences related to the
administration of the religious institution
2 acres
200
25
15
25
Schools
5 acres
300
30
25
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2 of this By-law (o)
-
-
(d)
5 (e)
5 (f)
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of
a conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
The following footnotes for the "RE" Residential General Zone form part of TABLE 5-8:
(a)
Maximum Height and Minimum Dwelling-Unit Area Requirements
In addition to the minimum requirements of Table 5.8, the following requirements shall also
apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet except for church steeples, chimneys, elevator and stair bulkheads and parapet
walls above the roofline which may be higher subject to written approval by the
Development Officer.
81
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet if accessory to a residence except for flagpoles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high and eighteen (18) feet if accessory to a non-residential use.
(iii)
The minimum required dwelling unit area shall be 600 [1,000 square feet for a single-
unit dwelling and modular homes, 400 square feet per unit for two-family dwellings and
400 square feet for a secondary residential suite located within or attached to a single
dwelling-unit or modular home but in all cases, the secondary suite shall not exceed
more than 49% of the total area of the principal single-unit dwelling or modular home]
BL No. 2020-04 floor area.
(b)
When located on a corner site, the minimum required side yard on the street side of the site
shall be fifteen (15) feet for all principal and accessory buildings and structures.
(c)
Where the proposed public utility development consists of a building or structure less than
one-hundred (100) square feet in floor area, a smaller site may be approved, provided that
the site is not adjacent to a required front yard of a residential site, and provided that a
separation distance of seven (7) feet is maintained from all site lines.
(d)
The minimum required front yard for accessory buildings and structures shall be the same,
as the minimum required front yard for the principal building on the same zoning site.
(e)
In the case of buildings or structures which are accessory to residential uses (except for
vehicle garages as described in footnote (f) below), when located entirely to the rear of the
principal building, the minimum required side yard and rear yard for accessory buildings and
structures shall be three (3) feet.
(f)
Where an accessory building is used for the storage of a motor vehicle, the wall which
contains the vehicular access door shall be set back a minimum distance of fifteen (15) feet
from a public road or lane used to access to this building.
(g)
Where a site line is adjacent to a Provincial Trunk Highway or Provincial Road, the minimum
required yard shall be specified by the provincial authority having jurisdiction, instead of the
relevant provision of this Table.
(h)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the Highway
Traffic Board and/or Manitoba Infrastructure.
(i)
Where a proposed development involves the construction of "water control works" or
"drainage works" as identified under the Water Rights Act, it shall be the responsibility of the
proponent to contact the provincial authority having jurisdiction to obtain any required
licenses or approvals prior to the commencement of development.
(j)
Bulk requirements do not apply to transmission facilities (wires or pipes) or the associated
equipment such as poles, transformers and switching boxes including Manitoba Hydro
Substations and similar infrastructure since all of this apparatus may require only very small
parcels or none at all (easements). This does not apply, however, to offices, equipment or
vehicle storage, parking or workshops, where and if these uses are permitted or approved.
82
(k)
For two-family dwellings subdivided with a separate title for each unit, the minimum site area
for each dwelling unit shall be 2 acres and the minimum site width for each dwelling unit shall
be 200 feet and the side yard on the side having a common party wall shall be reduced to
zero (0) and the interior side site line shall be completely contained within the common party
wall.
(l)
Where an area is developed or expanded for residential purposes (i.e. single family
dwellings, two-family and/or multi-family dwellings), no parcel shall be created or thereafter
further re-subdivided for residential purposes unless each parcel intended for residential
development conforms to the minimum site area and width requirements as set forth in Table
5.8 of this PART.
(m)
The minimum front yard requirement for a zoning site, where there are existing buildings on
the adjacent sites on both sides of the site, or on one side for a corner site, shall be modified
from the front yard setback requirements of Table 5.8 so as to be within ten (10) percent of
the existing average front yards for the said adjacent buildings, provided said distance is less
than the minimum bulk requirements of Table 5.8. The minimum front yard requirement
noted herein may be used to determine the front yard requirement for a building that was
destroyed and is being rebuilt, or where an existing building is to have an addition made to
it, or where a new building is to be constructed in an infilling situation.
(n)
All signs shall be setback a minimum of 5 feet from the limits of the parcel on which it they
are located and to which it is accessory. In the case of a corner lot, the corner side yard
setback shall be increased to minimum of twelve (12) feet. (See also PART 2, Section 2.26
of this By-law).
(o)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
83
TABLE 5-9: "C" COMMERCIAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (d) (f) (g) (h) (k)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(j)
Rear
Yard
(feet) (g)
PERMITTED USES
Accommodation Facilities, including Hotels and Motels
12,000
100
45
10
20
Automobile, Bicycle, Boat, Mopeds, ATV's, Motorcycle
and Snowmobile Sales, Storage and repair of new
and/or used vehicles (e)
20,000
100
45
10
20
Building Materials, Tools and Equipment, Lumber and
Wood Sales when totally enclosed within a completely
enclosed building or within an area completely
enclosed on all sides by a wall or fence not less than 6
feet in height.
20,000
100
45
10
20
Bus Terminals
1,800
15
0
6
20
Business Colleges, Trade or Vocational Schools
1,800
15
0
6
20
Clubs, Private or Public
12,000
100
45
10
20
Cultural Facilities, including auditoriums, churches
community clubs and halls, libraries, museums,
theatres and historic sites
12,000
100
45
10
20
Drive-Through Facilities or Businesses
5,000
50
25
10
20
Emergency Services including Police, Fire and
Ambulance Stations (e)
12,000
100
45
10
20
Establishments for the provision of Personal Services,
including offices, financial institutions, clinics, salons,
day care facilities and funeral homes, dental offices
5,000
50
25
10
20
Establishments for the retail sales of goods or
services, provided that all storage is within a fully
enclosed building
5,000
50
25
10
20
Existing Lawfully Established Uses That Existed Prior
to Adoption of this By-law (See also PART 2,
Sections 2.4 and 2.5 of this By-law)
5,000
50
25
10
25
Food and/or Beverage Service Establishments,
Including Cafes, Coffee Shops, Restaurants
1,800
15
0
6
20
Garden Supplies, Sales and Distribution, Seed Sales
and Distribution
1,800
15
0
0
20
Gas Stations and related automobile service garages
20,000
100
45
10
20
Government, Administrative Buildings and Offices,
including Post Offices
12,000
100
45
10
20
Miniature Golf Course, Driving Range,
Rinks for Curling, Ice or Roller Skating, Indoor
Cinemas, Billiards Parlours, Bowling Alleys and similar
uses
12,000
100
45
10
20
Parks or Playgrounds, Picnic Areas
5,000
50
25
10
20
Public and Private Parking Areas
5,000
50
25
10
20
Public Utilities (c)
5,000
50
25
10
20
Public Works
15,000
100
25
15
25
Recreation Facilities
5,000
50
25
10
20
Storage Buildings and Warehouses for Non-
Hazardous Materials
20,000
100
45
10
20
84
TABLE 5-9: "C" COMMERCIAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (b) (d) (f) (g) (h) (k)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
(j)
Rear
Yard
(feet) (g)
Taxi or courier services (e)
5,000
50
25
10
20
Tire Sales and Installation
5,000
50
25
10
20
Vehicle Sales and Service (e)
15,000
100
25
15
25
Wholesale establishments, including sales,
showrooms and related storage facilities
20,000
100
45
10
20
CONDITIONAL USES
Auction Marts (excluding livestock auction marts)
20,000
100
45
10
20
Camping and Tenting Grounds
12,000
100
45
10
20
Contractors Establishments including Sales and
Incidental Storage of Building Materials and
Contractors Equipment
12,000
100
45
10
20
Day Care Facilities (Group or Home Day Care, Drop-in
Baby-Sitting Services and Nurseries provided there is
in the opinion of Council, a safe vehicular pick-up and
drop-off area
5,000
50
25
10
20
Dry Cleaning Establishments
5,000
50
25
10
20
Establishments for the Sales, Storage and Distribution
of Animal Feeds
12,000
100
45
10
20
Establishments for the Sales, Storage or Distribution of
Agricultural Supplies including Fertilizers, Equipment
or Structures and Service and Repair Centres (e)
12,000
100
45
10
20
Establishments for the Sale of Goods and Services,
where there is exterior storage of products including
lumber yards (e)
20,000
100
45
10
20
Greenhouses and Nurseries
12,000
100
45
10
20
Institutional Buildings, including hospitals, schools,
court houses, personal care homes and senior citizen
homes
12,000
100
45
10
20
Indoor Gun Clubs
5,000
50
25
10
20
Religious Institutions and related uses including non-
residential schools incidental to a religious institution,
offices and residence for the administration of the
religious institution
12,000
100
45
10
20
Trucking Establishments, Truck Terminals, including
Repair Shops, Rentals, Sales and Service (e)
20,000
100
45
10
20
Veterinary Clinics
5,000
50
25
10
20
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2 of this By-law
-
-
25 (i)
10 (i)
2
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General Regulations
for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of a conflict between
the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most restrictive requirement
shall prevail and shall be satisfied.
85
The following footnotes for the "C" Commercial Zoning District form part of TABLE 5-9:
(a)
Maximum Height and Dwelling Unit Area Requirements
In addition to the minimum requirements of Table 5.9, the following requirements shall also
apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (36)
feet (three storeys) except for church steeples, chimneys, elevator and stair bulkheads,
flag poles, spires or parapet walls above the roofline which may be higher subject to
written approval by the Development Officer.
(ii)
Maximum allowable height for all accessory buildings and structures shall not exceed
the Principal Use on the zoning site to which it is accessory.
(iii)
Each accessory apartment / suite shall have a minimum dwelling unit area of 400 sq/ft.
(See PART 3 of this By-law for additional information).
(iv)
An accessory caretaker / watchman's dwelling unit shall have a minimum dwelling
unit area of 400 sq/ft. (See PART 3 of this By-law for additional information).
(b)
Un-Serviced Zoning Sites
Where a site is not serviced by a municipal piped sewer system or a private holding tank
approved by the provincial authority having jurisdiction, the minimum bulk requirements shall
be adjusted as follows:
(iv)
Minimum required site area - 2 acres;
(v)
Minimum required site width - 200 feet;
(vi)
Minimum required side yard - 30 feet.
(c)
Where the proposed development consists of a building or structure less than 100 square feet
in floor area, a smaller site may be approved, provided that the site is not adjacent to a required
front yard of a residential site, and provided that a separation distance of seven (7) feet is
maintained from all site lines.
(d)
Where the side or rear site line of a site coincides with the boundary of a railway right-of-way,
the required yard shall be zero (0) feet for those structures which require railway service for
loading or unloading.
(e)
No open storage shall be permitted in the front yard except for vehicle displays. Open storage
may be permitted in a side or rear yard provided, where side or rear yards abut a public street
or highway, the open storage is screened with a solid fence at least six (6) feet in height.
(f)
The minimum front yard requirement for a zoning site, where there are existing buildings on
the adjacent sites on both sides of the site, or on one side for a corner site, shall not vary more
than ten (10) percent from the average existing front yards for the said adjacent buildings,
provided said distance is less than the minimum bulk requirements. The minimum front yard
requirements noted above may be used to determine the front yard requirement for a building
86
that was destroyed and is being rebuilt, or where an existing building is to have an addition
made to it, or where a new building is to be constructed in an infilling situation.
(g)
For groups of principal buildings located on one zoning site, the yards on the boundary of the
site shall not be less than those required in the zone in which the site is located, nor shall the
distance between buildings within the site be less than the sum of two of these required yards.
(h)
Where a commercially zoned site is adjacent to a residentially zoned site or area, the side or
rear yard of the commercially zoned site bordering the residential area shall be twenty (20)
feet.
(i)
The minimum side yard requirements for accessory buildings and structures shall be the same
as the minimum side yard requirements for the principal building of the zoning site on which
they are located. In the case of an automobile service station (gas station), the minimum front
and side yard requirements for the fuel pumps shall be 20 feet each.
(j)
Where there is a common party wall, the interior side yard shall be reduced to zero providing
the entire interior side site line is contained within the common party wall.
(k)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the Highway
Traffic Board and/or Manitoba Infrastructure.
87
TABLE 5-10: "M" INDUSTRIAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (f) (i)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(d)
Side
Yard
(h)
Rear
Yard (h)
PERMITTED USES
Agricultural Machinery and Equipment Sales and
Distribution with Minor Assembly, Parts, Service and
Repair
12,000
100
20
15
20
Aircraft Sales and Service
20,000
100
20
15
20
Assembly, Storage, Sales and Distribution of Farm
Buildings and Structures
12,000
100
20
15
20
Auction Marts, excluding livestock
12,000
100
20
15
20
Automotive, Motorcycle, Bicycle, Snowmobile, Marine,
Aircraft, ATV Trailer and House Trailer and other
Vehicle Parts, Sales, Storage, Repair, Service and
rental of new and used vehicles
6,000
50
30
10
20
Automobile Service Stations (gas stations) and
Garages
6,000
50
30
10
20
Cafes and Coffee Shops
6,000
60
30
10
20
Contractors' establishments, including sales and
storage of building and landscaping material and
equipment including electrical, insulation, drywall,
eavestroughing, painting, decorating, roofing,
stuccoing, HVAC, windows and like uses
12,000
100
20
15
20
Establishments for the sale and storage (indoor and or
outdoor) and distribution of building materials including
lumber yards (indoor and or outdoor)
12,000
100
20
15
20
Existing Uses Lawfully Established Prior to the
Adoption of this By-law
6,000
50
20
10
20
Fertilizer (Solid) Sales, Distribution and Storage
12,000
100
20
15
20
Food or Beverage Service Establishments
6,000
100
45
10
25
Garden Supplies, Sales, Distribution, Storage (indoor
and outdoor) and Manufacturing providing it is
conducted within a completely enclosed building
6,000
50
20
10
20
Government administrative buildings and offices
6,000
50
25
10
25
Office Equipment and Furniture, Sales, Service and
manufacturing providing it is conducted within a
completely enclosed building
6,000
50
25
10
25
Public Utilities
5,000
50
25
10
20
Public Works Compounds and Maintenance Buildings
(d)
6,000
50
25
10
20
Storage Facilities and Compounds (exterior) for Non-
hazardous materials including lumber, building
supplies, and contractors equipment (d)
6,000
50
25
10
20
Taxi or Courier Services
6,000
50
25
10
20
Tire Shops
6,000
50
25
10
20
Warehouse and Storage for Non-Hazardous, Non-
Flammable and Non-Toxic Materials
12,000
100
20
15
20
Wholesale Establishments including Sales,
Showrooms and Related Storage
12,000
100
20
15
20
88
TABLE 5-10: "M" INDUSTRIAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (f) (i)
SITE SIZE
REQUIRED YARDS
Site
Area
(sq. ft.)
Site
Width
(feet)
Front
Yard
(d)
Side
Yard
(h)
Rear
Yard (h)
CONDITIONAL USES
Aircraft Manufacturing, Sales and Service
20,000
100
20
15
20
Agricultural Machinery and Equipment Manufacturing
12,000
100
20
15
20
Agricultural Feed Manufacturing and Processing,
Sales, Distribution and Storage, including flour mills,
grain elevators and terminals, Seed Cleaning and
Drying Plants
20,000
100
20
15
20
Asphalt or Asphalt Products Manufacturing, Sales,
Distribution and Storage
20,000
100
30
20
30
Auction Marts
12,000
100
25
15
20
Automotive, Motorcycle, Bicycle, Snowmobile, Marine,
Aircraft, ATV Trailer and House Trailer and other
Vehicle Manufacturing
12,000
100
25
15
20
Automobile Wrecking Yards and Scrap Yards
20,000
100
30
15
20
Bulk Fuel Sales, Including Card-Lock Facilities, Coal
and Coke Sales Storage and Distribution
20,000
100
30
15
25
Concrete and Cement Batch Plants
20,000
100
30
20
30
Establishments for Bulk Processing, Distillation, Pulp
or Fiber Reduction of Lumber and Wood Products
20,000
100
30
20
30
Fertilizer (Liquid) Manufacturing, Sales, Distribution
and Storage and Fertilizer (Solid) Manufacturing
20,000
100
30
20
30
Kennels, including Pounds and Shelters, Boarding,
Care and Training Facilities
6,000
50
20
10
20
Light manufacturing not otherwise identified in this
Table producing negligible noise, dust, odour,
emission or any other nuisance factor
6,000
50
20
10
20
Livestock Processing including Abattoirs, Meat
Processing and Packaging, Milk Processing and
Packaging of Dairy Products, and stockyards for the
holding, sales and shipping of livestock
20,000
100
30
20
30
Manufacturing of Chemicals
20,000
100
30
20
30
Manufacturing of Farm Buildings and Structures
20,000
100
30
20
30
Poultry Hatcheries
20,000
100
30
20
30
Sand Blasting Operations (Indoor)
12,000
100
25
15
20
Sand Blasting Operations (Outdoor)
20,000
100
30
20
30
Sand and Gravel Sales and Stockpiling and related
Aggregate Hauling When located on the same site
20,000
100
30
15
25
Sewage treatment plants and lagoons
5 acres
300
25
15
25
Trucking Establishments, Rail Yards, and Related
Uses
20,000
200
30
15
30
Veterinary Clinics
6,000
50
20
10
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2 of this By-law
-
-
(f)
10
2
NOTE: 1. Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General Regulations
for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of a conflict between the
provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most restrictive requirement shall prevail
and shall be satisfied.
89
The following footnotes for the "M" Industrial Zoning District form part of TABLE 5-10:
(a)
Maximum Height and Building Area Requirements
v)
In addition to the minimum requirements of Table 5-10, the maximum allowable height
for all principal buildings and structures shall be forty five (45) feet, and accessory
buildings and structures shall not exceed the height of the principal building or structure,
with the exception of grain storage structures, fuel and fertilizer storage tanks, church
steeples and telecommunications towers which are accessory to a permitted or
conditional use.
vi)
The maximum height of accessory buildings and structures shall not exceed the height
of the principal building or structure.
vii)
Accessory dwelling units are only permitted when they are located within or are
accessory to an industrial building where there is industrial activity conducted in the front
portion of the ground floor. Accessory dwelling unit(s) within or accessory to an
industrial building shall be located in the rear portion of the ground floor and/or or on the
2nd or 3rd floor(s) or in the case of a detached accessory dwelling unit, located to the
rear of the principal building on the zoning site to which it is accessory. In all cases,
said accessory dwelling units are intended for occupancy by the owner of the industrial
business located on the same zoning site, the operator of the industrial enterprise, a
watchman or caretaker and his/her family.
viii)
The minimum dwelling unit area for an accessory dwelling unit located within or
accessory to an industrial building shall be 400 sq/ft.
(b)
All manufacturing activities shall be conducted entirely within an enclosed building unless
otherwise noted in Table 5-10 of this PART.
(c)
Where Table 5-10 of this PART, indicates outdoor storage of goods and materials is
supported, said outdoor storage of goods and materials shall conform to the following
requirements:
(i)
All outdoor storage of goods and materials shall be located to the rear of a line adjacent
to and parallel with the front wall of the principal building on the zoning site on which
the materials will be stored;
(ii)
the storage area shall be totally enclosed by a wall or fence with a minimum height of
six (6) feet, maintained in good condition and repair; and
(iii)
the goods and materials stored shall not project above the height of the enclosing wall
or fence.
(d)
Notwithstanding the requirements of Table 5-10 of this PART, The minimum front yard
requirement for a zoning site, where there are existing buildings on the adjacent sites on both
sides of the site, or on one side for a corner site, shall not vary more than ten (10) percent from
the average existing front yards for the said adjacent buildings, provided said distance is less
than the minimum bulk requirements. The minimum front yard requirements noted herein may
be used to determine the front yard requirement for a building that was destroyed and is being
90
rebuilt, or where an existing building is to have an addition made to it, or where a new building
is to be constructed in an infilling situation.
(e)
For a group of principal buildings located on one zoning site, the yards on the boundary of the
site shall not be less than those required in the zone in which the site is located, nor shall the
distance between buildings within the site be less than the sum of two of these required yards.
(f)
The minimum required front yard for an accessory use, building or structure shall be the same
as is required for the principal use on that zoning site.
(g)
Front yards shall include landscaped green space adjacent to the street right-of-way, at least
ten (10) feet in depth as measured from the front property line;
(h)
Where adjacent to a residential zone, a side and/or rear yard of twenty (20) feet shall be
provided.
(i)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the Highway
Traffic Board and/or Manitoba Infrastructure.
91
TABLE 5-11: "I" INSTITUTIONAL ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (e)
SITE SIZE
REQUIRED YARDS
Site Area
(sq/ft)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Arenas, Curling or Ice Skating Rinks
30,000 sq ft
100
25
15
15
Athletic Fields
30,000 sq ft
100
25
15
15
Auditoriums, Grandstands and similar
Assembly Facilities
30,000 sq ft
100
25
15
15
Community Clubs and Centres, Halls and
Curling Clubs
30,000 sq ft
100
25
15
15
Government offices, including municipal,
police, fire and similar uses
10,000
75
25
15
25
Hospitals
30,000 sq ft
100
25
15
15
Institutions such as Personal Care Homes,
Senior Citizens' Housing, Rest Homes,
Convalescent Homes and similar uses
15,000
100
25
15
25
Libraries, Museums and Art Centres
7,500
75
25
15
25
Parks, Playgrounds, Tot Lots or Buffer
Strips
5,000
50
25
5
15
Public Utility Buildings or Structures
5,000
50
25
6
15
Religious Institutions, including Churches,
Temples, Church Halls and Church
Educational Facilities
15,000
100
25
15
15
Schools, Private or Public
2 acres
200
25
25
25
CONDITIONAL USES
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2 of this By-law
-
-
(c)
(c)
2
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of
a conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
The following footnotes for the "I" Institutional Zoning District form part of TABLE 5-11:
(a)
Maximum Height and Minimum Dwelling Unit Area Requirements
In addition to the minimum requirements of Table 5.11 (above), the following requirements
shall also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet, if accessory to a residence except for flagpoles and privately owned
92
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high, and eighteen (18) feet if accessory to a non-residential use.
(b)
Where the proposed development consists of a building or structure less than one-hundred
(100) square feet in floor area, a smaller site may be approved, provided that the site is not
adjacent to a required front yard of a residential site, and provided that a separation distance
of seven (7) feet is maintained from all site lines.
(c)
The minimum required front yard and side yards for accessory buildings and structures shall
be the same as the minimum required front and side yards for the principal building on the
same zoning site unless otherwise provided for in this PART.
(d)
The minimum requirements in of Table 5-11 of this PART do not apply to land used as buffers
separating different types of land uses or land used for agricultural purposes, but do apply to
buildings and structures.
(e)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the Highway
Traffic Board and/or Manitoba Infrastructure.
93
TABLE 5-12: "OR" OPEN SPACE RECREATION ZONE - USE & BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (a) (e) (g)
SITE SIZE
REQUIRED YARDS
Site
Area
(acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
PERMITTED USES
Athletic Camps
5
300
25
15
25
Campgrounds
5
300
25
15
25
Community Centres or Community Clubs
5
300
25
15
25
Cultural Facilities, including Auditoriums,
Community Halls, Libraries, Museums, Theatres,
Cinemas and Historic Sites
5
300
25
15
25
Driving Ranges
5
300
25
15
25
Existing Uses Lawfully Established Prior to the
Adoption of this By-law
5
300
25
15
25
Fair and Exhibition Grounds
5
300
25
15
25
Golf Courses and Related Activities and Features
30
575
125
15
25
Golf courses, miniature
2
200
25
15
25
Government administrative buildings and offices
Horticultural Gardens
2
200
25
15
25
Parks or Playgrounds, Athletic Fields, Picnic Areas,
Tot Lots and Similar Uses including Buffer Strips,
Public Reserves and Public Walkways (d)
2
200
15
10
20
Public Utilities (b)
5,000
sq/ft
50
25
10
20
Recreation Fields, Grandstands, Arenas, and
Similar Uses including Curling and Roller Rinks,
Indoor and Outdoor Ice Skating/Hockey
5
300
25
15
25
Religious institutions including Non-Residential
Schools, Halls, Offices and a residence for the
administrator of the religious institution, Cemeteries
and/or Mausoleums
5
300
25
15
25
Schools, Public or Private
5
300
25
15
25
School Bus Garages
5
300
25
15
25
Swimming Pools and/ or Wading Pools Operated by
the Municipality
Tennis Courts and Trampoline Centres
Water Treatment Plants
5
300
25
15
25
CONDITIONAL USES
Dwelling, mobile home (f)
2
200
25
15
25
Dwelling, single-Unit or modular home (f)
2
200
25
15
25
Hospitals and personal care facilities
5
300
25
15
25
Indoor Gun Clubs and Ranges
5
300
125
25
25
Kennels, including Pounds and Shelters, Boarding,
Care and Training Facilities
5
300
25
15
25
Mineral Extraction Operations including crushing,
screening, processing, washing, stockpiling and
Sales
5
300
125
25
25
94
TABLE 5-12: "OR" OPEN SPACE RECREATION ZONE - USE & BULK
REQUIREMENTS
MINIMUM REQUIREMENTS (a) (e) (g)
SITE SIZE
REQUIRED YARDS
Site
Area
(acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
Public Works Compounds and Maintenance
Buildings
5
300
25
15
25
Reservoirs
5
300
25
15
25
Riding Academies and Stables (private or public)
5
300
25
15
25
Sewage treatment plants and lagoons
5
300
25
15
25
Zoological Gardens
5
300
25
15
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2 of this By-law
-
-
(c)
(c)
2
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of
a conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
The following footnotes for the "OR" Open Space Recreation Zoning District form part of
TABLE 5-12:
(a)
Maximum Height and Minimum Dwelling Unit Area Requirements
In addition to the minimum requirements of Table 5.12 (above), the following requirements
shall also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet, if accessory to a residence except for flagpoles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high, and eighteen (18) feet if accessory to a non-residential use.
(iii)
Minimum dwelling unit area shall be 600 square feet for a single-family dwelling, mobile
or modular home and 400 square feet for a secondary residential suite located within
or attached to a single-family dwelling or modular home but in all cases, said
secondary suite shall not exceed 49% of the total floor area of the principal dwelling
located on the same site.
(b)
Where the proposed development consists of a building or structure less than one-hundred
(100) square feet in floor area, a smaller site may be approved, provided that the site is not
adjacent to a required front yard of a residential site, and provided that a separation distance
of seven (7) feet is maintained from all site lines.
(c)
The minimum required front yard and side yards for accessory buildings and structures shall
be the same as the minimum required front and side yards for the principal building on the
same zoning site unless otherwise provided for in this PART.
95
(d)
The minimum requirements in of Table 5-12 of this PART do not apply to land used as buffers
separating different types of land uses or land used for agricultural purposes, but do apply to
buildings and structures.
(e)
Where development is proposed within the "Rivers Reservoir Area" as identified in M.R.
22/88R under the Water Resources Administration Act, as amended and shown on the zoning
maps forming part of this By-law, the proponent shall be responsible for contacting Manitoba
Infrastructure (Hydrologic Forecasting and Water Management) or other provincial authority
having jurisdiction and obtain and have validated a "Permit" for construction prior to
commencement of development.
(f)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(g)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the Highway
Traffic Board and/or Manitoba Infrastructure.
96
TABLE 5-13: "UT" URBAN TRANSITION ZONE - USE & BULK REQUIREMENTS
MINIMUM REQUIREMENTS (a) (f)
SITE SIZE
REQUIRED YARDS
Site
Area
(acres)
Site
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet) (b)
Rear
Yard
(feet)
PERMITTED USES
Agricultural Activities, General including field and
forage crops and other low intensity agricultural
activities (excluding livestock operations)
5
300
25
15
25
Existing Uses Lawfully Established Prior to the
Adoption of this By-law
5
300
25
15
25
Golf Courses and Related Activities and Features
30
575
125
15
25
Horticultural Gardens
2
200
25
15
25
Indoor Gun Clubs and Ranges
5
300
125
25
25
Market Gardening Operations, including Flower and
Tree Farming
5
300
25
15
25
Nurseries and Greenhouse Operations
5
300
25
15
25
Parks or Playgrounds, Athletic Fields, Picnic Areas,
Tot Lots and Similar Uses including Buffer Strips,
Public Reserves and Public Walkways
2
200
15
10
20
Public Utilities (b)
5,000
sq/ft
50
25
10
20
Veterinary Clinics and Animal Hospitals
5
300
25
15
25
CONDITIONAL USES
Athletic camps
5
300
25
15
25
Crematoriums, Cemeteries, Mausoleums
5
300
25
15
25
Dwelling, Mobile home (e)
2
200
25
15
25
Dwelling, Single-Unit or modular home (e)
2
200
25
15
25
Fair and Exhibition Grounds
5
300
25
15
25
Grandstands, Race-Tracks, Arenas and Similar Uses
5
300
25
15
25
Kennels, including Pounds and Shelters, Boarding,
Care and Training Facilities
5
300
25
15
25
Landscape Contractors including the Storage and
Sales of Topsoil and Sod
5
300
25
15
25
Mineral Extraction Operations including crushing,
screening, processing, washing, stockpiling and
Sales
5
300
125
25
25
Public Works Compounds and Maintenance
Buildings
5
300
25
15
25
Reservoirs
5
300
25
15
25
Riding Academies and Stables (private or public)
5
300
25
15
25
Sewage treatment plants and lagoons
5
300
25
15
25
Zoological Gardens
5
300
25
15
25
ACCESSORY BUILDINGS, STRUCTURES AND USES
See PART 2 of this By-law
-
-
25
10
5
NOTE:
1
Provisions of PART 2: General Regulations Governing Land Uses, Buildings and Structures, PART 3: General
Regulations for all Zones and PART 6: Rules for Specific Uses of this by-law shall also apply in this zone. In the event of
a conflict between the provisions of PART 3 or PART 6 and the use and site requirements of this table, the highest or most
restrictive requirement shall prevail and shall be satisfied.
97
The following footnotes for the "UT" Urban Transition Zoning District form part of TABLE 5-
13:
(a)
Maximum Height and Minimum Dwelling Unit Area Requirements
In addition to the minimum requirements of Table 5.13 (above), the following requirements
shall also apply:
(i)
Maximum allowable height for all principal buildings and structures shall be thirty (30)
feet.
(ii)
Maximum allowable height for all accessory buildings and structures shall be twelve
(12) feet, if accessory to a residence except for flagpoles and privately owned
telecommunications towers used for personal non-commercial purposes which may
be 36 feet high, and eighteen (18) feet if accessory to a non-residential use.
(iii)
Minimum dwelling unit area shall be 600 square feet for a single-family dwelling, mobile
or modular home and 400 square feet for a secondary residential suite located within
or attached to a single-family dwelling or modular home. In all cases said secondary
suite shall not exceed 49% of the total floor area of the principal dwelling located on
the same site.
(b)
Where the proposed development consists of a building or structure less than one-hundred
(100) square feet in floor area, a smaller site may be approved, provided that the site is not
adjacent to a required front yard of a residential site, and provided that a separation distance
of seven (7) feet is maintained from all site lines.
(c)
The minimum required front yard and side yards for accessory buildings and structures shall
be the same as the minimum required front and side yards for the principal building on the
same zoning site unless otherwise provided for in this PART.
(d)
The minimum requirements in of Table 5-13 of this PART do not apply to land used as buffers
separating different types of land uses or land used for agricultural purposes, but do apply to
buildings and structures.
(e)
Home-based businesses shall be governed by the requirements for "Home-Based
Businesses" as set out in PART 6 of this By-law.
(f)
Under authority of The Highways Protection Act and the Highways and Transportation Act
where any structure or development is proposed under, below or at ground level within the
control areas of the provincial highway system, permits must be obtained from the Highway
Traffic Board and/or Manitoba Infrastructure.
98
PART 6: RULES FOR SPECIFIC USES
Home Based Business Activities
6.1
Within Riverdale Municipality, a "home industry" and "home occupation" are two distinct types
of home based business activities which are recognized as legitimate accessory uses. Each
of these two distinct types of home based business activities shall be governed by the
following rules:
Home Industry
a)
May be allowed as a conditional accessory use in the "GD" - General
Development, "RR" - Rural Residential, "OR" Open Space Recreation and "UT"
Urban Transition Zone(s) as well as in the "R/A" Rural Agriculture Zone and shall
be subject to the following additional rules:
i)
A home industry shall be principally conducted by the members of the family
residing in the dwelling located on the same site as the proposed home
industry and any other persons employed or otherwise engaged in the home
industry who do not reside in said dwelling may not exceed:
a)
Two (2) employees in the in the "GD" - General Development, "RR" -
Rural Residential, "OR" Open Space Recreation and "UT" Urban
Transition Zone(s);
b)
Five employees in the "R/A" Rural Agriculture Zone;
ii)
A home industry shall not generate undue traffic or congestion, adversely affect
the amenity and convenience of the neighbourhood, or create a nuisance.
iii)
A home industry shall not unduly interfere with the general enjoyment of
adjacent property.
i)
One business sign, either freestanding or affixed to the wall of the
principal or accessory building in which the home industry is carried out
shall be allowed and shall have a maximum sign surface area as
follows:
ii)
In the "R/A" Rural Agriculture Zones - 32 square feet
iii)
In all other zones where a home based industry is allowed as
conditional accessory use - 16 square feet.
iv)
Where a home industry is proposed adjacent to a provincial trunk highway and
will be utilizing an existing access onto the provincial trunk highway, the
proponent will be responsible for obtaining a required change in access use
permit (i.e. joint use permit) from the Highway Traffic Board.
v)
It shall be the responsibility of the proponent proposing to establish or expand
a home industry to investigate the need to obtain a development permit and/or
99
building permit from the Development Officer prior to the commencement of
the development.
vi)
A home industry shall be prohibited in the "C" Commercial, "M" Industrial Zone
and "MR" Industrial Rural Zone;
Home Occupation
b)
Shall be allowed as a permitted accessory use in the "GD" - General
Development, "RR" - Rural Residential, "RG" Residential, "RE" Residential
Estate, "SR-1" and SR-2" Seasonal Recreation Zone(s), "OR" Open Space
Recreation and "UT" Urban Transition Zone(s) as well as in the "R/A" Rural
Agriculture Zone and will be subject to the following additional rules:
i)
A home occupation shall be principally conducted by the members of the family
residing in dwelling located on the same site as the proposed home occupation
and any other persons employed or otherwise engaged in the home
occupation who do not reside in said dwelling may not exceed:
a)
Two (2) employees in the "GD" - General Development, "RR" - Rural
Residential, "RG" Residential General, "RE" Residential Estate, "SR-1
and "SR-2 Seasonal recreation Zone(s), "OR" Open Space Recreation
and "UT" Urban Transition Zone.
b)
five employees in the "R/A" Rural Agriculture Zone;
ii)
A home occupation shall not by reason of emission of odor, dust, smoke, noise,
gas, fumes, cinders, light, vibration, refuse matter or water carried wastes
become offensive or obnoxious or create a nuisance at or beyond any site line;
iii)
There shall be no exterior display, no exterior storage of materials, and no other
exterior indication of the home occupation or variation of the residential
character of the principal or accessory building except as otherwise provided
for herein;
iv)
A home occupation shall not cause the generation of undue traffic and
congestion in the neighborhood;
v)
A home occupation shall be carried on entirely within the dwelling unit or within
an accessory building located on the same site as the principal building to
which it is accessory;
vi)
Not more than six hundred (600) square feet of floor area shall be devoted to
a home occupation in any dwelling unit or its accessory buildings located on
the same site as the principal building thereto, or thirty percent (30%) of the
total floor area of the dwelling, whichever is the lesser;
(a)
Notwithstanding the maximum floor area limitations outlined in clause
(vi) above, in the case of a home occupation involving the
establishment or expansion of a bed and breakfast or boarding or
lodging use, a maximum of four (4) suites per site shall be allowed;
100
i)
One business sign, either freestanding or affixed to the wall of
the principal or accessory building in which the home
occupation is carried out shall be allowed and shall have a
maximum sign surface area as follows:
ii)
In the "RA" Rural Agriculture Zone - 32 square feet;
iii)
In all other zones where home based occupations are allowed
as permitted accessory uses - 16 square feet.
vii)
Where a home occupation is proposed adjacent to a provincial trunk highway
and will be utilizing an existing access onto the provincial trunk highway, the
proponent will be responsible for obtaining a required change in access use
permit (i.e. joint use permit) from the Highway Traffic Board.
viii)
It shall be the responsibility of the proponent proposing to establish or expand
a home occupation to investigate the need to obtain a Development Permit
and/or Building Permit from the Development Officer prior to the
commencement of the development.
ix)
A home occupation shall be prohibited in the "C" Commercial, "M" Industrial
Zone and "MR" Industrial Rural Zone;
Hazardous Materials Storage
6.2
Unless the specified distances below are varied by Council, no bulk farm chemical supply
warehouse, inland grain terminal, bulk fuel or fertilizer storage, or anhydrous ammonia storage
facility shall be located within:
(a)
2,640 feet of a building used for human habitation;
(b)
3,960 feet of a community with residential, commercial, or general development zones,
including existing hospitals, schools, and homes for the aged;
(c)
328 feet of a municipal road or provincial highway, water wells, surface water bodies;
and shall not utilize sites which are subject to flooding or contain sensitive lands with high
water tables or steep natural slopes.
Mobile Homes
6.3
Mobile home units must conform to CAN/CSA-Z240 MH Series and have CSA registration
numbers to be eligible for a Development Permit and/or Building Permit in accordance with
the Riverdale Municipality's Building By-law and Manitoba Building Code. Park model units
must similarly conform to the applicable CSA standards to be eligible for a Development Permit
and/or Building Permit.
(a)
Should the mobile home or park model unit not have a registration number or
demonstrable CSA Approval, there are requirements and costs for having the Office
of the Fire Commissioner undertake an inspection of the unit and issue an approval
101
form prior to the proponent applying for a Development Permit under this By-law and
a Building Permit under the Building By-law. Further information about the
requirements for determining unit conformity to noted CSA standards of construction
are available from the Building Inspector.
(b)
Mobile home or park model units located geographically outside the boundaries of the
Municipality, but proposed to be relocated to a site within the Municipality, shall be
inspected by the Development Officer/Building Official prior to its relocation in
Riverdale Municipality and he/she shall, after undertaking a thorough inspection of the
unit, prepare a written report at the cost of the proponent. That report will confirm or
question conformity to applicable CSA standards and identify any safety hazards that
require repair prior to relocation to Riverdale Municipality and the unit's occupancy.
Once a positive report on file with no outstanding code or compliance issues
outstanding, the Riverdale Municipality Development Officer/Building Official will then
be in a position to issue a Development Permit under the Zoning By-law and thereafter
issue a Building Permit in accordance with the local building yy-law and provincial
Building Code.
(c)
All mobile homes which are either newly sited or relocated within Riverdale
Municipality after the effective date of this By-law, shall conform to the requirements of
The Buildings and Mobile Homes Act as may be amended from time to time and C.S.A.
standards pertaining to construction, site preparation, foundation and anchorage. The
undercarriage of all mobile homes shall be fully concealed by skirting which is either
pre-finished or painted to complement the mobile home.
(d)
Where a mobile home or park model unit has been transported into the Riverdale
Municipality without the required Development Permit/Building Permit, particularly
those units which do not conform to CSA construction standards or lack required
provincial permits and/or inspections, shall be issued a Contravention Order by the
Development Officer/Building Inspector (in accordance with Part 7 of this By-law)
which will require removal of the offending unit from the Municipality at the proponent's
cost.
Mobile Home and RV Parks
6.4
"Mobile Home Parks" for "mobile homes" and "recreational vehicles" (see PART 9 of this By-
law for definitions) may be located on mobile home sites in a "mobile home park" but only in
the SR-1 and SR-2 Seasonal Recreation Zone(s) provided the mobile home sites in the
"mobile home park" have been prepared for the long term parking of such homes and vehicles.
(a)
Council has adopted Zoning requirements which govern the design, construction, and
use of these types of "mobile home parks" and these standards are in addition to the
requirements of local Building By-laws and the Manitoba Building Code.
(b)
These "mobile home parks" will also be subject to Zoning requirements including:
i)
building pads of adequate size which are surfaced with gravel, asphalt, or similar
materials suitable for longer term use with the mobile home or recreational
102
vehicle, and adequate space for the parking of private vehicle(s) as well as the
addition of decks and small storage buildings,
ii)
All mobile home spaces shall include an open space at least twenty (20) feet by
fifty (50) feet adjacent to one side of the mobile home containing either the
entrance or the main living room window, to be utilized for household exterior
recreational use.
iii)
internal private roadway for access to the site from the public road system which
is at least 30 feet in width, designed with surface water drainage, and contains a
travel surface suitable for all season use,
iv)
note that provincial subdivision regulations contain general requirements for all
types of roads, including internal private roads, and the individual municipality
may have adopted specific road construction standards,
v)
site services may include individual or common electrical power supply which
meets Manitoba Hydro standards, individual or common water supply and/or
sewage disposal system which meets Manitoba regulations, telephone and TV
services, common washroom and laundry facilities, common storage areas for
recreational vehicles like boats and quads, as well as an on-site office and
storage buildings for the property manager,
vi)
mobile home and park model units shall be located in the "mobile home park" so
as to adhere to the following minimum setbacks:
1.
25 feet from property boundaries
2.
25 feet between the main walls of adjacent units
3.
25 feet from any internal or public road.
(c)
The establishment of "mobile home parks" for mobile homes and recreational vehicles
shall be treated as conditional uses requiring approval by Council in accordance with
the requirements of The Planning Act. Individual mobile homes and recreational
vehicles to be located within the "mobile home park" will require a Development
Permit/Building Permit which can be issued by the Development Officer/Building
Official. Such approvals will require a detailed site plan which includes but not limited
to the location of the site boundaries, building pads, accessory buildings, internal
roads, vehicle parking, and systems supplying electrical power, water supply, sewage
disposal and solid waste disposal.
103
Livestock Operations - General Provisions
6.5
The keeping of livestock is allowed in areas of the Municipality zoned "R/A" Rural /
Agriculture Zone subject to restrictions and limitations as provided for in PART 5 and PART
6 of this By-law. Depending on a newly siting or expanding livestock operation's size, location,
setbacks to adjacent development and natural features, it shall be treated as being either a
permitted or conditional use under this By-law.
(a)
The provisions of Section 6.5 of this PART shall apply to all livestock operations
(LO's), which shall be deemed to include barns and similar types of animal housing
structures along with related manure storage facilities, and also includes feedlots and
similar fenced areas where livestock are confined solely for the purpose of growing
and finishing, and are sustained by means other than grazing, including winter or
seasonal feedlots.
(b)
Requirements for setbacks and mutual separation distances for newly siting and
expanding livestock operations (LO's), as provided for herein, shall be measured from
the closest point of the facilities of the livestock operation to adjacent single un-related
residences, water bodies property lines and/or designated areas, as may be the case.
(c)
All existing lawfully established livestock operations in the "R/A" Rural / Agriculture
Zone, single residences (not associated with a livestock operation) and designated
areas that do not meet PART 6, Table 6-1: Minimum Mutual Separation Distances
For Newly Siting or Expanding Livestock Operations (below), or which have their
existing animal housing facilities and/or manure storage facilities located closer than
328 feet (100 metres) to the property lines of the livestock operation of which they are
a part, shall be deemed to possess a variation order for their current mutual separation
distances and /or property line setbacks as they existed on the date of adoption of this
By-law.
(d)
All existing lawfully established livestock operations existing on the date of adoption of
this By-law that have a capacity of up to 299 (AU) animal units (cumulative across
species) that are located in the "R/A" Rural / Agriculture Zone shall be treated as
permitted uses.
(e)
All existing lawfully established livestock operations existing on the date of adoption of
this By-law that have a capacity of 300 (AU) animal units or more (cumulative across
species) that are located in the "R/A" - Rural / Agricultural Zone are deemed to be
an approved conditional use, and may be replaced if they are removed or destroyed,
subject to the issuance of a Development Permit. Where such existing operations are
proposed to be enlarged or expanded however, the enlargement or expansion shall
be subject to satisfying all of the requirements of this By-law and the requirements
pertaining to a conditional use as set forth in the Planning Act. If a conditional use
permit and any required variations are approved by Council for a newly siting or
expanding livestock operation, the proponent will be required to obtain a Development
Permit from the Development Officer/Building Official of the Municipality prior to the
commencement of construction.
(f)
The facilities of all newly siting or expanding livestock operations (i.e., manure storage
facilities, and animal housing facilities shall be setback a minimum of 328 feet (100
104
metres) from the property lines of the livestock operation to which they are a part.
NOTE: Where a parcel of land containing a livestock operation is being subdivided, all
newly created parcels shall be of such a size and configuration so as to maintain a
minimum 328 feet (100 meter) separation between any existing or proposed livestock
confinement areas and manure storage facilities and all newly created property lines.
(g)
No manure storage facility shall be constructed, located or expanded within 328 feet
(100 metres) of a sinkhole, spring, well or the ordinary high water mark of any surface
watercourse which is standing and/or flows either perennially or intermittently beyond
the property lines of the livestock operation on which they are located.
(h)
Prior to conditional approval by Council of any newly siting or expanding livestock
operations that are 300 animal units or more in size (cumulative across species), all
such livestock operations shall first be subject to a technical review of the proposal by
a Provincial Technical Review Committee. The Committee's report must be
completed and be provided to the Municipality a minimum of 30 days prior to Council
scheduling, providing notice in accordance with the requirements of the Planning Act
and holding the required conditional use hearing on all such newly siting or expanding
livestock operations 300 AU or more in size (cumulative across species).
(i)
The Planning Act stipulates that no development or expansion of newly siting or
expanding livestock operations shall take place until all required local and provincial
approvals, permits, and licenses have first been obtained for all livestock operations
300 (AU) or more animal units in size (cumulative across species).
(j)
The Planning Act stipulates that Council's approval of all livestock operations requiring
conditional approval shall NOT impose conditions of approval respecting the storage,
application, transport, or use of manure generated by a livestock operation. Council
may however include conditions of approval including the following:
i)
conditions to ensure conformity with the applicable provisions of the Riverdale
Development Plan By-law, this zoning by-law and any secondary plan in effect;
ii)
conditions that implement recommendations of the Provincial Technical Review
Committee; and
iii) Conditions intended to reduce odours from the livestock operation (i.e. manure
storage facility covers and/or shelterbelts).
(k)
All livestock operations as defined in the Planning Act regardless of their size must be
developed, operated and maintained in compliance with all applicable provincial
regulations. Manure storage facilities and spreading of manure are subject to
provincial regulations including a requirement for all pig-based livestock operations 10
AU or more in size and all other livestock operations greater than 300AU animal units
(cumulative across species) to file an annual manure management plan. Livestock
operations using large volumes of water (i.e., 25,000 litres or more per day) also
require a Water Rights License approved by the provincial authority having jurisdiction.
(l)
All newly siting or expanding livestock operations shall have access to (either by direct
ownership or lease) and use of sufficient lands to accept the application of all of the
105
livestock manure generated by the livestock operation in a sustainable manner on an
annual basis in accordance with provincial regulations.
(m)
All newly siting or expanding livestock operations should not be located on soils
determined by detailed soil survey acceptable to the Province, with a scale of 1:50,000
or better, to have an agricultural capability of Class 6 or 7, or unimproved organic soils
as described under the Canada Land Inventory. If detailed soil survey information is
not available for the area where a newly siting or expanding livestock operation is being
proposed, the applicant may be required to provide the Provincial Technical Review
Committee a detailed soils survey for the site at a scale of 1:50,000 or better. Where
a proponent is required to provide this detained soils information, it may be possible to
demonstrate that the soils are not Class 6, 7 or unimproved organic soils and may be
able to support a livestock operation.
(n)
Where two or more existing or proposed livestock operations involving the production
of the same species of livestock are either:
(a)
Located within ½ mile (800m) of one another and are owned by the same
individual, corporate, partnership or other entity; or
(b)
Located within ½ mile (800m) of one another and share a common manure
storage facility (regardless of ownership)
they are deemed to be a single livestock operation, and the total number of existing or
proposed animal units in each operation shall be added together for the purpose of
interpreting the requirements of this By-law.
(o)
Within all urban communities (i.e. Rivers, Wheatland, Bradwardine) newly siting or
expanding livestock operations are prohibited.
(p)
For the purposes of determining the total size of a given livestock operation
(cumulative across species), the system of "animal units" as adopted by regulation by
the Province of Manitoba shall be used. The conversion factors for animal units (AU's)
are provided in TABLE 6-1: Animal Unit Conversion Factors of this PART (below).
106
TABLE 6-1: ANIMAL UNIT CONVERSION FACTORS
Animal
Type
A.U. Produced by One
Livestock
Livestock
Producing One A.U.
Dairy
Milking Cows, including associated
livestock
2.000
0.5
Beef
Beef Cows, including associated livestock
Backgrounder
Summer pasture/replacement heifers
Feeder cattle
1.250
0.500
0.625
0.769
0.8
2
1.6
1.3
Hogs
Sows, farrow to finish
Sows, farrow to weanling
Sows, farrow to nursery
Weanlings
Growers/finishers
Boars (artificial insemination operations)
1.250
0.250
0.313
0.033
0.143
0.200
0.8
4.0
3.2
30
7
5
Chickens
Broilers
Roasters
Layers
Pullets
Broiler Breeder Pullets
Broiler Breeder Hens
0.0050
0.0100
0.0083
0.0033
0.0033
0.0100
200
100
120
300
300
100
Turkeys
Broilers
Heavy Toms
Heavy Hens
0.010
0.020
0.010
100
50
100
Horses
Mares, including associated livestock
1.333
0.75
Sheep
Ewes, including associated livestock
Feeder Lambs
0.200
0.063
5
16
NOTE: The calculation of animal units for a species of livestock not mentioned in this Table is to be determined
by officials at Manitoba Agriculture, Food and Rural Development.
Note: To calculate the number of animal units (AU) of a particular species, multiply the AU produced by one
livestock by the number of animals. For example, for 200 animal beef cows including associated
livestock equals 1.25 x 200 = 250 AUs.
Livestock Operation Development in the "R/A" Rural / Agriculture Zone
6.6
The keeping of livestock within areas of the Municipality zoned "RA" Rural / Agriculture Zone
are subject to the following additional requirements:
a)
All existing livestock operation shall be allowed to expand as a permitted use up to 299
(AU) animal units in size (cumulative across species) subject to the issuance of a
Development Permit providing the livestock operation is developed in conformance with
107
the requirements of the Planning Act, all provisions of this By-law and all applicable
provincial regulatory requirements;
b)
All newly siting or expanding livestock operations 300 (AU) animal units or more in size
(cumulative across species) will be treated as a conditional use and may be considered
for approval pursuant to the requirements of The Planning Act and satisfying the
requirements of this By-law, including the requirement for a provincial Technical Review
Committee Report and a required conditional use hearing held by Council;
6.7
The criteria outlined in TABLE 6-2 (below), applies to all new and expanding livestock
operations in proximity to residences and designated areas as well as siting of new rural
residences in proximity to existing livestock operations.
TABLE 6-2: MINIMUM MUTUAL SEPERATION DISTANCES FOR SITING LIVESTOCK
OPERATIONS IN THE "R/A" RURAL AGRICULTURE ZONE
Size of
Livestock
Operation in
Animal Units
(AU)
Separation Distance in Meters
(Feet) From a "Single Residence" (*)
Separation Distance in Meters (Feet)
From a "Designated Area" (**)
To Earthen
Manure Storage
Facility
To Animal
Housing Facility
and Non-earthen
Manure Storage
Facility
To Earthen
Manure Storage
Facility
To Animal Housing
Facility and Non-
earthen Manure
Storage Facility
10-100
300
(984)
150
(492)
800
(2,625)
530
(1,739)
101-200
450
(1,476)
225
(738)
1200
(3,937)
800
(2,625)
201-300
600
(1,968)
300
(984)
1600
(5,249)
1070
(3,511)
301-400
675
(2,214)
337
(1,107)
1800
(5,906)
1200
(3,937)
401-800
750
(2,460)
375
(1,230)
2000
(6,561)
1330
(4,364)
801-1,600
900
(2,952)
450
(1,476)
2400
(7,874)
1600
(5,249)
1,601-3,200
1050
(3,446)
525
(1,722)
2800
(9,186)
1870
(6,135)
3,201-6,400
1200
(3,938)
600
(1,968)
3200
(10,499)
2130
(6,988)
6,401-12,800
1350
(4,430)
675
(2,214)
3600
(11,811)
2400
(7,874)
>12,800
1500
(4,922)
750
(2,460)
4000
(13,123)
2670
(8,760)
Notes Forming Part of Table 6.2
(*)
A "Single Residence" does not include the residence of the owner and/or operator when the
dwelling(s) are located on the same parcel as the livestock operation.
(**)
A "Designated Area" means the following:
i)
The Community of Rivers
ii)
Any area in the Municipality that is designated as an "General Development Area" in the Riverdale
Development Plan (Wheatland, Bradwardine)
iii)
Any area in the Municipality designated as a "Rural Residential Area" in the Riverdale
Development Plan,
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i)
Any area in the Municipality designated as a "Seasonal Recreation Area" in the Riverdale
Development Plan,
ii)
Any area in the Municipality designated as a "Open Space/ Recreation Area" in the Riverdale
Development Plan.
Special Limitations for Newly Siting and Expanding Livestock Operations
Located Adjacent to Designated Areas and Waterbodies/Waterways
6.8
Notwithstanding the requirements of Sections 6.5, 6.6 and 6.7 of this PART, (above), there
are additional siting and setback requirements for livestock operations adjacent to the urban
communities of Rivers, Wheatland and Bradwardine, all designated rural residential, seasonal
recreation and open space/recreation areas and the Little Saskatchewan, Assiniboine and
Oak Rivers and undeveloped agricultural lands adjacent to Lake Wahtopanah as provided in
the livestock operation policies of the Riverdale Development Plan. These requirements are
as follows:
(a)
Livestock operations adjacent to or near water bodies will not be allowed within:
(i)
A distance of 328 feet (100 metres) of the ordinary high water mark of any surface
watercourse, surface water, sinkhole, spring, well and/or property boundary; nor
(ii)
Within any riparian area; nor
(iii)
Any 100 year high water level or flood plain adjacent to a surface water course
(with the exception of existing livestock operations).
(b)
For lands zoned "R/A" Rural / Agricultural Zone around portions of Lake Wahtopanah,
an 800 foot (243.8 metres) wide buffer from the ordinary high water mark and up the
backshore shall be established where no newly siting or expanding livestock operations
over 100 animal units (cumulative across species) will be permitted and all newly siting
or expanding of livestock operations of any size in this 800 foot (2453.8 metre) wide
buffer area shall be treated as a conditional use.
(c)
A minimum setback distance of 2000 feet (609.6 metres) shall be maintained between
the ordinary high water mark of the Little Saskatchewan, Assiniboine and Oak Rivers
and any newly siting livestock operations. Existing livestock operation facilities that are
located within this 2000 foot (609.6 metre) setback distance may be expanded provided
that all expansions are located a minimum of 328 feet (100 metres) from the ordinary
high water mark of these rivers.
(d)
Livestock operation development within a mile of all designated areas (i.e. the urban
communities of Rivers, Wheatland and Bradwardine and all designated rural residential,
seasonal recreation and open space/recreation areas) shall be regulated as follows:
(i)
there shall be no new livestock operations established within 2640 feet (one-half
mile) of all designated areas. All lawfully established existing livestock operations
(existing at the time of adoption of this By-law) located within 2,640 feet (1/2 mile)
of any designated area shall be deemed to be approved conditional uses and any
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proposed expansions will be capped to a maximum of 100 AU (cumulative across
species); and
(ii)
between 2640 feet (1/2 mile) and 5280 feet (one mile) of all designated areas all
newly siting livestock operations shall be capped to a maximum of 299 AU
(cumulative across species). All newly siting and expanding livestock operations
over 200 AU (cumulative across species) shall be treated as conditional uses.
Existing livestock operations may be allowed expand over 300 AU (cumulative
across species) subject to statisfying the requirements of The Planning Act, this
By-law and all applicable provincial regulations.
Application Requirements for New or Expanding Livestock Operations
6.9
Where conditional use approval for a new or expanding livestock operation is required, the
application shall be accompanied by, in addition to the information required by Section 7.8 of
PART 7 herein:
(a)
Plans, specifications and descriptions, for
i)
the livestock housing facilities,
ii)
the manure storage facilities including storage and odour control, and
iii)
lands utilized for application of manure;
(b)
A site plan showing the location of animal housing, manure storage and other related
facilities and their distances from property boundaries; and
(c)
Type(s) of existing and proposed livestock and numbers of Animal Units (AUs) for each
species.
6.10
All applications for a Development Permit/Building Permit for a livestock operation up to 299
animal units in size (cumulative across species) proposing to locate in the "R/A" Rural /
Agriculture Zone shall be received by the Development Officer of Riverdale Municipality. The
Development Officer shall review the application with respect to applicable Development Plan
policies and Zoning By-law requirements. Proponents of all newly siting/expanding livestock
operations regardless of their size (cumulative across species) shall obtain an approved
Development Permit prior to the commencement of construction.
6.11
Council shall refer all applications for newly siting/expanding livestock operations (LO's)
involving three hundred (300) or more animal units (cumulative across species), together with
all supporting material to the Minister of Indigenous and Municipal Relations (C/O Brandon
Community And Regional Planning Office) for referral to the appropriate Regional Technical
Review Committee for review.
6.12
Council , in consultation with Manitoba Sustainable Development and Manitoba Agriculture
may require that an application for a new or expanding livestock operation within a
Groundwater Sensitivity Area, as identified in Appendix "B", Reference Map 2 of the
Riverdale Development Plan, be accompanied by, in addition to other information contained
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in this PART and Section 7.8 of PART 7 herein and where adequate data is not available
and it is deemed necessary:
(a)
An engineering and hydro-geological assessment of soils, surface and groundwater
site features; and
(b)
A description of mitigative measures to be undertaken to minimize the risk of soil and
groundwater pollution.
6.13
Where Council is considering approval of a newly siting/expanding livestock operation
requiring conditional approval, Council may approve a livestock operation subject to conditions
as provided for in The Planning Act, which consists of:
(a)
Measures to ensure conformity with the applicable provisions of the development plan
by-law, the zoning by-law and any secondary plan by-laws;
(b)
One or both of the following measures intended to reduce odours from the livestock
operation:
i)
requiring covers on manure storage facilities,
ii)
requiring shelterbelts to be established;
(c)
Requiring the owner of the affected property to enter into a development agreement
dealing with the affected property and any contiguous land owned or leased by the
owner, on one or more of the following matters:
i)
the timing of construction of any proposed building;
ii)
the control of traffic, use of designated truck haul routes;
iii)
the construction or maintenance - at the owner's expense or partly at the
owner's expense, of roads, traffic control devices, fencing, landscaping,
shelterbelts or site drainage works required to service the livestock operation;
and,
iv)
the payment of a sum of money to Riverdale Municipality to be used to
construct anything mentioned in clause (iii) (above).
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PART 7: ADMINISTRATION
Administration and Enforcement Responsibilities
7.1
The Riverdale Municipal Council and any such employee(s) it identifies as a "designated
officer" shall be responsible for the administration and enforcement of this By-law. Council may
direct its Development Officer and municipal solicitor to proceed with enforcement pursuant to
Part 12 of the Planning Act. The costs associated with the administration and enforcement of
the Riverdale Municipal Zoning By-law will be borne by the municipality in accordance with the
Provisions of the Planning Act and all other municipal by-laws in force and effect in Riverdale
Municipality.
Development Permits
7.2
A development permit is required for most types of development including the following:
(a)
The erection, construction, enlargement, structural alteration or placing of a building or
structure;
(b)
The establishment of a use of land or a building or structure;
(c)
The change of a use of land or a building or structure from the existing use to a
permitted or conditional use;
(d)
The alteration or enlargement of an approved permitted or conditional use
(e)
Farm buildings including bins, granaries, and machine sheds which are less than 6,459
sq/ft. (600 sq/m) in floor area.
(f)
Larger farm buildings over 6,459 sq/ft. (600 sq/m) require approval by Development
Permit issued by Riverdale Municipality as well as a Building Permit issued by the
provincial authority having jurisdiction.
(g)
Farm dwellings require both a Development Permit under this By-law and Building
Permit under the Riverdale Municipal Building By-law.
7.3
Every owner shall be required to obtain a Development Permit prior to the commencement of
development, including the commencement of construction or relocation of any building or
structure, except as provided in Section 7.5 of this PART.
7.4
The issuance of a development permit in respect of a building or structure does not affect the
obligation to obtain a building permit or other permit where they are required under the
municipality's building By-law for such a building or structure, nor does it relieve the owner
from the responsibility of obtaining any other permit or approval that may be required by any
other local, provincial or federal authority having jurisdiction, including business licences,
environmental licenses or approvals, highway access permits and permits for structures within
the control areas of the provincial highway system and similar approvals.
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7.5
A development permit is not required for the following:
(a)
The maintenance, replacement or restoration of building components and finishes,
provided that the size of the building or structure is not materially increased, or the
structural load carrying capacity of any component is not reduced.
(b)
The erection, construction, enlargement, structural alteration or placing of the following
as accessory structures:
(i)
Some urban area fences and most rural area fences;
(ii)
Signs (not including advertising signs in excess of 50 sq. ft. in area);
(iii)
Lighting;
(iv)
Flagpoles;
(v)
Small sheds and buildings for the storage of domestic equipment which are
less than 200 square feet in floor area.
(vi)
Aerials, antennas, dishes, towers, or lines for television, radio, satellite, or
communication services;
(vii)
Garden houses or children's playhouses;
(viii)
Water supply wells and onsite wastewater management systems which are
subject to provincial approval;
(ix)
Unenclosed patios; and
(x)
Temporary signs and notices, including real estate signs.
7.6
Despite not requiring a development permit, all things listed in preceding Section shall be
subject to the applicable zone requirements in this By-law.
7.7
An application for a development permit shall be made by the owner or owners of the site in
question, or by a person authorized in writing by them.
7.8
An application for a development permit shall be accompanied by plans drawn to scale
showing the following:
(a)
The shape and dimensions of the site to be used or built on;
(b)
The location and dimensions of existing buildings and structures;
(c)
The location and dimensions of the proposed building, structure, enlargement or
alteration, including separation distances from site boundaries;
(d)
The use or uses of each existing and proposed building and structure, or of the land,
and the area to be occupied by each use;
(e)
The location of vehicular access and utility connections; and
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(f)
The location of any proposed water wells or on-site sewage disposal systems.
and shall include any other information required by the Development Officer to determine
compliance with this By-law.
7.9
An application for a development permit shall be accompanied by the fee prescribed by
Council.
7.10
Despite apparent compliance with this By-law, the Development Officer may refuse to issue a
development permit where the proposed building, structure or use does not, to the
Development Officer's knowledge, comply with the building By-law or with any other law. Any
such refusal may be subject to a review by Council.
7.11
No person shall use or occupy any land, building or structure, or erect, construct, enlarge, alter
or place any building or structure, except in accordance with an approved development permit
(where required), and with the requirements of this By-law.
7.12
All proposed development shall be in accordance with the application and drawings submitted
to and approved by the Development Officer. No work shall vary from the approved
application and drawings without the prior written authorization of the Development Officer,
and the owner shall ensure that all development is completed in accordance with the approved
development permit.
7.13
The Development Officer may revoke a development permit:
(a)
Where any information accompanying the development application is incorrect or
incomplete and an existing or proposed building, structure or use is thereafter found
to be in contravention of this By-law, the building By-law, or any other law; or
(b)
Where the development permit was issued in error.
Development Officer
7.14
The Development Officer shall be the person appointed by Council to provide By-law
administrative and inspection services for development within the boundaries of the member
municipalities, or for other municipalities under agreement for the same type of services.
7.15
The Development Officer, on behalf of Council, shall issue development permits and otherwise
administer the provisions of this By-law and requirements of The Planning Act, where
applicable, and this person may also be appointed as the Building Inspector to be responsible
for issuing Building Permits and doing building inspections under the local building By-laws, in
accordance with provincial legislation and building codes.
7.16
The Development Officer shall, as directed by Council, exercise the powers of remedy and
enforcement set out in PART 7 of this By-law.
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7.17
The Development Officer is authorized to grant or refuse, in his or her discretion, a minor
variation not to exceed ten (10) percent of the requirements of this By-law in accordance with
the provisions of The Planning Act regarding variances.
7.18
For unconventional or land-locked parcels, the Development Officer is authorized to determine
which of the required yards are front, side, or rear yards for the purposes of issuing
Development Permits; the Development Officer will take note of the configuration of existing
buildings on adjoining parcels to aid in the decision about which is the front yard.
Zoning By-law Amendments
7.19
An application for an amendment to this By-law, including a change to the text or maps, shall
be made to the Development Officer by the owner or owners of the land in question, or by a
person authorized in writing by them.
7.20
An application for a map amendment (i.e. re-zoning) shall be accompanied by plans drawn to
scale showing the following:
(a)
The shape and dimensions of the land affected;
(b)
The location and dimensions of existing buildings and structures;
(c)
The location and dimensions of any proposed building, structure, enlargement or
alteration;
(d)
The use or uses of each existing and proposed building and structure, or of the land,
and the area to be occupied by each use;
and shall include any other information required by the Development Officer to determine
compliance with this By-law.
7.21
An application for an amendment shall be accompanied by the fee prescribed by Council.
7.22
Upon receipt of a completed application, Council will consider the application for either a text
or map amendment and may consult with a land-use planner or branches of the provincial
government which can supply advice about the proposed changes to the Zoning By-law.
7.23
Following such consultation, review and report (if any) as Council deems necessary, the
application shall be considered by Council, which shall decide whether or not to start the
procedures for enactment of an amendment and, as provided in the Planning Act, may do so
only if the proposed amendment can be considered to be generally consistent with the intent
and policies of the Riverdale Development Plan. Appeals of a Council decision on any Zoning
By-law amendment will be to the Manitoba Municipal Board.
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Variances & Conditional Uses
7.24
An application for a variation or approval of a conditional use shall be made to the
Development Officer by the owner or owners of the site, or by a person authorized in writing
by them.
7.25
An application for a variation or approval of a conditional use shall be accompanied by the
plans and information described in Section 7.8 of this PART, and in the case of a livestock
production operation, by the information described in PART 5 and 6 of this By-law.
7.26
An application for a variation or a conditional use shall be accompanied by the fee prescribed
by Council.
7.27
Where an application for a variation or conditional use has been submitted, a public hearing
shall be held by Council, to receive representations from any person with respect to the
proposal, and notice of the public hearing shall be given as required by The Planning Act.
7.28
On receipt of an application for a variation or approval of a conditional use in proper form, the
Council may, prior to the hearing date prescribed under The Planning Act, refer the application
to Manitoba Municipal Government or any other department or authority for its review and
comment. For example, notice of any development, proposed to be located adjacent to or
near the provincial highway system, should be given to the provincial department having
jurisdiction for review and comment (See PART 6, Section 6.18).
7.29
In accordance with provisions of The Planning Act, Council shall either approve or deny the
variation or conditional use, and may establish conditions of approval appropriate to the
circumstances, and issue a Variation or Conditional Use Order as may be necessary.
7.30
Council may subsequently revoke any conditional use approval as a consequence of any
violation of conditions specified at the time of approval.
In spite of receiving approval from Council of any required Variation Order or Conditional Use Order,
proponents of any development may also be required to obtain a Development Permit from the
Municipality's Development Officer/Building Official as set forth in Section(s) 7.2 through 7.13 of this
PART.
Subdivision of Land
7.31
The subdivision process enabled by The Planning Act normally results in the creation of a new
title which is guaranteed by the Province of Manitoba after that title is registered in Manitoba
Land Titles.
7.32
An application for subdivision requires the approval of Council as part of the legislated process
and Council may grant its approval only when that application generally conforms with the
policies of the Riverdale Development Plan By-law and the parcel requirements established
by this Zoning By-law.
7.33
Any application for subdivision must also be approved the Approving Authority under provincial
legislation.
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7.34
Subdivision applications which propose to reconfigure the boundaries of existing lots or
parcels are allowed and, like consolidations, are eligible for a shortened approval process.
Subdivision of Agricultural Land
7.35
Further to provisions found elsewhere in this By-law and the corresponding Development Plan,
the subdivision of agricultural land for agricultural purposes may be approved by Council on a
case-by-case basis provided that:
(i)
The proposed parcel size is appropriate for the intended use in an agricultural area
and, where necessary, a Variation Order is issued to recognize a parcel size less than
the minimum size required in the applicable Zone,
(ii)
Any proposed agricultural-related use or activities (including apiaries, greenhouses,
market gardens, plant nurseries, or the keeping of animals or small numbers of
livestock) are considered reasonable and acceptable in the rural areas where
sustainable agriculture is a primary consideration.
(iii)
Any small holding is deemed appropriate in the rural area and not detrimental to
neighbouring agricultural uses,
(iv)
Any pre-existing or proposed dwellings on agricultural parcels or small holdings are
deemed not to present any negative effects on nearby agricultural or livestock
operations
Fee Schedule
7.36
Council shall establish a fee schedule for development permits, amendments, conditional use
orders, variation orders, non-conforming use certificates and Zoning memoranda.
7.37
All fees in connection with the administration of this By-law shall be payable to Riverdale
Municipality and shall be collected by the Development Officer at the time an application is
made for an amendment, conditional use order, variation order, non-conforming use certificate
or Zoning memorandum, as the case may be.
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PART 8: ENFORCEMENT
Inspections
8.1
The Development Officer may, after giving reasonable notice to the owner or occupier of land
or a building or other structure to be entered:
(a)
Enter the land, building or structure at any reasonable time for the purpose of
inspection, enforcement and or action authorized by this By-law or The Planning Act.
(b)
Request that anything be produced to assist in inspection, remedy, enforcement or
authorized action; and
(c)
Make copies of anything related to the inspection, remedy, enforcement or authorized
action.
8.2
The Development Officer may display or produce on request identification showing his or her
official capacity.
8.3
In an emergency or in extraordinary circumstances, the Development Officer need not give
reasonable notice or enter at a reasonable time and may do the things referred to in Section
8.1 (a) and (c) above without the consent of the owner or occupant.
Contravention Order
8.4
If the Development Officer finds that a person is contravening this By-law or The Planning Act,
the Development Officer may by written order require the person responsible for the
contravention to remedy it if, in the opinion of the Development Officer, the circumstances so
require.
8.5
The order may:
(a)
Direct a person to stop doing something, or to change the way in which the person is
doing it;
(b)
Direct a person to take any action necessary to remedy the contravention, including
the removal or demolition of a building or structure (or part of one) that has been
constructed, erected or placed in contravention and, if necessary to prevent a
reoccurrence of the contravention;
(c)
State a time period within which the person must comply with the directions; and
(d)
State that if the person does not comply with the directions within the time period
stated, Council will take the action or measures at the expense of the person directed
or registered owner.
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Review by Council
8.6
A person who receives an order under Section 8.4 of this PART, or who is refused a permit
under Section 7.10 of PART 7, may request the Municipality of Riverdale Council to review
the matter, by giving written notice within fourteen (14) days after the date on the order issued
under Section 8.4 of this PART or decision issued under Section 7.9 of PART 7 of this By-
law.
8.7
After giving the person a reasonable opportunity to be heard, Council may vary, substitute or
cancel the order or decision as determined by Council in accordance with the policies and
intent of the Riverdale Development Plan By-law.
Remedying Contraventions
(a)
If a person does not comply with an order to remedy a contravention, Council may take any
action or measure that is reasonable to remedy the contravention. Council will seek advice
from the municipal solicitor about such actions under The Planning Act.
(b)
Council may apply to the Court of Queen's Bench for an injunction or other order to enforce
requirements of the Zoning By-law or to restrain a contravention of the By-law.
(c)
The Planning Act defines offences and provides for penalties which can be invoked by the
Court, including fines, imprisonment, or both.
(d)
A prosecution under The Planning Act must be commenced no later than two years after the
day the alleged offence was committed.
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PART 9: INTERPRETATION
Definitions
(a)
Terms not defined in this By-law which are defined in The Planning Act, have the meaning
provided in that Act, or otherwise, as defined in a standard dictionary.
(b)
Where the following terms appear in this By-law, they have the meaning provided as follows:
Accessory - where used in this zoning by-law to describe a use, building or structure, means
that the use, building or structure is naturally and normally incidental, subordinate in purpose
or area, or both, and exclusively devoted to the principal use, building or structure to which it
is accessory.
Accessory building, structure or use - means a building, structure or use which:
(a)
Is subordinate to, incidental to, and serves the principal building, structure or use;
(b)
Is customarily subordinate in area, extent, or purpose to the principal building,
structure or use served;
(c)
Contributes to the comfort, convenience or necessity of occupants of the principal
building, structure or use served; and
(d)
Is located on the same zoning site as the principal building, structure or use served,
with the single exception of such accessory off-street parking facilities as are
permitted to locate elsewhere than on the same zoning site with the building, structure
or use served.
Accessory Shipping Container - means a pre-fabricated structure which is designed for the
shipping of goods via land, sea, rail or road and may include trailer bodies or other similar
structures (including motor vehicle bodies) which have the wheels removed.. An accessory
shipping container shall naturally and normally be incidental, subordinate in purpose or area,
or both, and shall be located on the same site as the principal use to which it is accessory.
Accessory Tent-Like Structure - means a pre-manufactured or constructed structure or
building that consists of a main frame covered by a canvas type material. An accessory tent-
like structure shall naturally and normally be incidental, subordinate in purpose or area, or
both, and shall be located on the same site as the principal use to which it is accessory.
Act, Planning - means The Planning Act, C.C.S.M cP80, as amended.
Agricultural Uses:
Agricultural Activities (General) - means a use of land for agricultural purposes, including
production of field crops, apiculture, floriculture, horticulture and the necessary accessory uses
for packing, storing or treating the produce, but does not include the following:
a)
livestock operations, agricultural activities (specialized);
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b)
storage, handling or processing of agricultural products for the general public in return
for remuneration, or;
c)
sales or servicing (in return for remuneration) of agricultural equipment.
Agricultural Activities (Specialized) - means an agricultural use such as apiculture,
floriculture, horticulture, greenhouses, nurseries, market gardening and other activities of a
like nature which do not require large acreages of agricultural land and may or may not
include associated on-site retail sales to the public.
Agriculture Related Industries - means industries that provide support services for
agricultural activities and includes such as but not limited to seed cleaning plants, grain
elevators, fertilizer plants, feed mills, abattoirs, auction marts, implement sales and service,
and bulk fuel and fertilizer.
Aircraft Landing Area - includes all runways, open spaces, buildings and structures used in
connection with the landing or take-off of aircraft.
Alteration - means a change or modification to an existing building, structure or use.
Alteration, structural - means, for the purpose of this By-law, any change which would tend
to prolong the life of the supporting members of a building or structure, such as bearing walls,
columns, beams or girders.
Animal Unit - means the number of animals of a particular category of livestock that will
excrete 73 kilograms of total nitrogen in a 12 month period as defined in the Provincial Planning
Regulation - Manitoba Reg. 81/2011, as amended.
Automobile Service Station - means a building or portion thereof and land used for
supplying fuel, oil and minor accessories and making repairs to motor vehicles at the retail
level direct to the customer, and where repairs are made, they shall generally be done within
a completely enclosed building.
Building - means the results of construction activities including:
(c)
A building or structure above or below ground used or to be used for residential,
commercial, industrial or agricultural purposes, or a combination of all or any of those
purposes, or
(b)
A prefabricated building or structure of the kind described in clause (a), or
(c)
A mobile home or modular home.
Building, Height of - means the vertical distance measured from grade to the highest point
of the roof surface of a flat roof, to the deck of a mansard roof, and to the average height level
between eaves and ridge for a gable, hip or gambrel roof.
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Building, Principal - means the structure in which the principal use of the site is conducted.
Bulk - means the term used to describe the size of a building or structure or land, and their
relationship to each other, and therefore includes:
(a)
The size (including height of building and floor area) of buildings or structures;
(b)
The size of the zoning site (including area and width of site) upon which a building is
located, and the number of dwelling units or rooms within such building in relation to
the size of the zoning site;
(c)
The location of exterior walls of buildings in relation to site lines, or to other buildings;
and
(d)
All open areas relating to buildings or structures and their relationship thereto.
Campgrounds - means an area of land designed and improved to accommodate travel
trailers, motor homes, tent trailers, tents and other camping accommodations on a temporary
basis for recreation and vacation purposes.
Cemetery - means land for the burial of deceased persons and dedicated for cemetery
purposes and may include columbaria, crematoria, mausoleums and mortuaries, when
operated in conjunction with and within the boundaries of such cemetery in accordance with
all applicable provincial regulatory requirements.
Conditional use - means for the purpose of this By-law, a use which, because of its unique
characteristics and the impact which it may have on nearby properties, will be subject to
special consideration and approval procedures as set out in The Planning Act which will take
into account the public support and or opposition to the proposed use at a given location, as
well as any mitigative measures deemed appropriate by Council.
Construction means
1)
excavating, removing, filling and backfilling for the purpose of preparing or maintaining
a site in respect of a building or a proposed building;
2)
erecting, extending, enlarging, placing, removing, locating and demolishing a building;
altering, renovating and reconstructing a building;
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3)
moving a building from one site to another; and
4)
underpinning the foundation of a building.
Council - means the Council of Riverdale Municipality.
Club - refers to a building owned or leased by a non-profit corporation or association, the use
of which is restricted to members and their guests.
Council - means the Council of Riverdale Municipality.
Day Care, means as follows:
(a)
Group day care, means the provision of child care services to nine (9) or more
children not over the age of twelve (12) in a provincially licensed facility with access
to an outdoor recreation area; and
(b)
Home day care, means the provision of child care services in a family dwelling unit
with access to an outdoor recreation area, in which the owner or tenant resides, or
churches or halls, to children, including the children of the owner or tenant, not over
twelve (12) years of age. The number of children shall not exceed eight (8).
Determination of licensing shall be the responsibility of the owner/operator of the
service and the provincial authority.
Development means
1)
the construction of a building on, over or under land;
2)
a change in the use or intensity of use of a building or land;
3)
the removal of soil or vegetation from land; and
4)
the deposit or stockpiling of soil or material on land and the excavation of land.
Development Officer - means a person duly appointed by Council who is responsible for
those duties as provided for herein.
Drive-Through Facility - means a facility designed to provide goods or services to persons
in standing (as opposed to parked) motor vehicles, including but not limited to a drive-through
restaurant or bank.
Dwelling - means a building or portion thereof designed for residential occupancy in
accordance with the provisions of The Buildings and Mobile Homes Act.
Dwelling Types
Cottage - means a dwelling for one family designed for and used as a secondary or
intermittent place of residence for seasonal vacations and recreational purposes.
Multiple-Unit - means a building containing three (3) or more dwelling units, with each
unit designed for and used by residents having exclusive occupancy of a dwelling unit,
including a three-plex or four-plex.
123
Manufactured Homes (aka) modular home - means a dwelling unit manufactured
off-site and moved on-site as complete or partial units which may form single or
multiple unit dwellings. A manufactured home does not contain a steel frame or wheels
for moving, as does a mobile home. The terms "mini home"," modular home", or
"factory built home" are sometimes applied to the sale of these manufactured units.
Mobile Home - means a portable dwelling unit built to CAN/CSA -Z240 MH Series or
equivalent standard of construction (with a manufacture's label certifying compliance)
which is designed or used for residential occupancy, built upon or having a frame or
chassis to which wheels may be attached by which it may be transported, which can
be located on a prepared pad and may be jacked up or skirted, and which conforms
to the provincial Buildings and Mobile Homes Act and noted national construction
standards.
Mobile Home Park - means an area of land upon which mobile home spaces are
rented to individual owners of mobile homes, and which has been approved by
Council.
Mobile Home Site - means a site in a mobile home subdivision which, may be
purchased by an individual for the placement of a mobile home.
Mobile Home Space - means a space in a mobile home park, which may be rented
by an individual for the placement of a mobile home.
Mobile Home Subdivision - means an area of land which is subdivided into mobile
home sites which may be sold for the placement of mobile homes.
Non-Farm - means a single family dwelling, mobile home or modular home on a site
used for residential purposes, regardless of the owner's occupation, and found in the
"R/A" Rural Agriculture Zone.
Recreational Vehicle - means a portable dwelling unit built to another CAN/CSA Z240
standard which is designed for temporary residential occupancy and typically used
seasonally in Manitoba. A recreational vehicle may be licensed and insured for travel
on provincial roadways, contain holding tanks for water, sewage, and propane; the
vehicle list includes travel trailers, motor homes, 5th wheel trailers, and campers. Other
recreational vehicles such as "park models" are not eligible for travel licensing,
designed without water or sewage holding tanks, need hook-ups to electrical power,
water, and sewer services, but are constructed to be moved to a prepared site and
used as a dwelling for extended periods of time over a number of years.
Single-Unit - means a detached building containing one dwelling unit used for
residential purposes.
Two-Unit - means a detached or semi-detached building containing two dwelling units
where residents have exclusive occupancy of a dwelling unit, including a duplex.
Unit - means one or more rooms used or intended to be used for residential purposes
as a single housekeeping unit with cooking, sleeping and sanitary facilities, including
units built completed on-site by conventional construction methods as well as ready-
124
to-move (RTM) units built off-site and moved on-site. Such dwellings are built to a
national building code standard on a permanent foundation and ready for residential
occupancy.
Dwelling unit floor area - means the gross horizontal floor areas measured from the exterior
faces of exterior walls, or from the centre line of partitions of habitable rooms or spaces in a
dwelling unit used for living, sleeping, cooking or eating purposes, except spaces in a
basement or cellar used for mechanical or heating equipment.
Enlargement - means an addition to the floor area of an existing building or structure, or an
increase in that portion of land occupied by an existing use.
Existing - means existing on the effective date of this By-law.
Family - means one or more persons related by blood or marriage or common-law marriage
occupying a dwelling unit, or a group of not more than four (4) unrelated persons, living
together and maintaining a common household, which shall be deemed to exist if all members
thereof have access to all parts of the dwelling.
Farm Dwelling - means a single-unit dwelling, mobile or modular home associated with and
located on the same parcel as a permitted or conditional agricultural operation, specialized
agricultural operation or livestock operation which is considered as the principal land use. A
farm dwelling is typically treated as an accessory use and is often located in the farmyard with
accessory buildings and may include a vegetable garden.
Farm Building or Structure - means any building or structure designed and used primarily
for agricultural activities in actual farming operations, but does not include a farm dwelling.
Farmstead - means the agricultural buildings and adjacent service areas including animal
barns, equipment or grain storage, repair shops, and sheds. A farmstead generally includes
the farmyard (which contains the living space with a farm dwelling and smaller accessory
buildings) and, in Manitoba, most farmsteads are protected from the prairie winds by a tree
shelterbelt.
Feedlot - means an outdoor area that is fenced to confine livestock solely for the purpose of
growing or finishing, but does not include:
a) A grazing area; or
b) A seasonal feeding area.
Grade - means the average level of finished ground adjoining a building or structure at all
exterior walls, as determined by the Development Officer.
Grazing Area - means lands used for pasture or crop production on which livestock may be
kept year-round or seasonally, and are fed primarily by direct consumption of plant material
grown on the area, and where manure produced by those livestock does not accumulate such
that mechanical removal is required.
125
Home-Based Business Activity Types:
a)
Home Industry - means a small-scale manufacturing, repair or trade activity such as
but not limited to a welding shop, plumber, electrician, carpentry or cabinet maker, auto
repair mechanic or trucking operation and similar uses which are carried on in or from
a dwelling or its accessory building for consideration and which is located on the same
site and which is clearly secondary and incidental to the principal use of the property.
b)
Home Occupation - means an occupation, trade, profession or craft such as but not
limited to a hair salon, bed and breakfast operation, tea room, home day care operator,
lawyer or accountant and similar uses which are carried on in or from a dwelling unit
or its accessory building for consideration and which is clearly incidental or accessory
to the principal use of the property.
Hotel - means a building or part thereof wherein accommodation is provided for transient
lodgers, in any individual room or suite, with or without cooking facilities, and may include
accessory uses such as restaurants, beverage rooms, banquet halls, and meeting rooms.
House, boarding, lodging or rooming - means a building or portion thereof, other than a
hotel or motel, where lodging, or lodging and meals, are provided for compensation, exclusive
of the proprietor and his family.
Hundred Year Flood - means a flood that can be expected to occur, on average, once in 100
years, or specifically a flood that has a one percent chance of being equalled or exceeded in
any year.
Kennel - means premises upon which more than 5 dogs or 10 cats, not including animals less
than 4 months of age, are boarded, bred, trained or cared for in return for remuneration or are
kept for the purpose of sale.
Lane, public - means a public thoroughfare not over thirty-three (33) feet in width in public
ownership which affords only a secondary means of access to abutting property.
Livestock - means animals not kept exclusively for pets including cattle, swine, horses,
poultry, sheep, rabbits, and more exotic species (ex. emu, elk, bison, etc.)
Animal housing facility - means for the purpose of this by-law, a barn or an outdoor,
non-grazing area where livestock are confined by fences or other structures.
Animal Unit or A.U. - means the number of animals of a particular category/species of
livestock that will excrete 73kg of total nitrogen in a 12 month period, as established by
the Province.
Feedlot - means a fenced area where livestock are confined solely for the purpose of
growing or finishing, and are sustained totally by means other than grazing. This structure
may be emptied for short periods of time during the year for cleaning, maintenance or
livestock economic or management reasons.
Livestock Operation - means a permanent or semi-permanent facility or non-grazing
area where livestock producing at least 10 animal units are kept or raised, either indoors
or outdoors, and includes all associated manure collection facilities, but does not include
126
an auction mart, agricultural fair, and livestock sale yards, in which livestock may be kept
for a period not exceeding 3 days.
Loading Space - means an off-street space on the same zoning site with a building or
contiguous to a group of buildings, for the temporary parking of a commercial vehicle while
loading or unloading merchandise or material, and which abuts upon a street, lane or other
appropriate means of access.
Manure Storage Facility Types:
a)
Earthen Manure Storage Facility means a structure built primarily from soil,
constructed by excavating or forming dikes, and used for storing or retaining livestock
manure, but does not include
1.
a collection basin;
2.
a field storage site; or
3.
a temporary composting site for manure.
b)
Non-Earthen Manure Storage Facility means a non-earthen structure, molehill, tank
or other non-earthen facility for storing or treating manure, but does not include a
gutter or concrete pit used to contain liquid or semi-solid manure for less than 30 days
for the purpose of moving the manure to a manure storage facility.
Non-conformity - means one, or a combination of more than one, of the following:
(a)
A site or an area of land;
(b)
A building or structure;
(c)
A use of a building or structure;
(d)
A use of land; or
(e)
A sign;
which lawfully existed prior to the effective date of this By-law or amendments thereto, but
does not conform to the provisions contained within this By-law.
Open Space - shall mean that required portion of a site at ground level unoccupied by
principal or accessory buildings and available to all the occupants of the building.
Ordinary High Water Mark - means a point on land that would be at the water's edge when
the water reaches the following level:
(a)
In the case of a reservoir, the full supply level;
(b)
In the case of a drain, the bank-full level; and
(c)
In the case of any other water body, the highest level to which the water usually rises
each year at which it remains long enough to change the characteristics of the land
or vegetation on the land.
Owner - means an owner as defined in The Planning Act.
Parcel of Land - means a parcel as defined in The Planning Act.
127
Parking Area - means an open area of land other than a street or lane, or an area within a
structure, used for the parking of vehicles.
Parking Area, Public - means an off-street parking area used for the temporary parking of
vehicles and is available for public use whether free, for compensation or as an
accommodation for clients, customers, employees or visitors.
Parking Space - means a space on a parking area, public parking area or zoning site for the
temporary parking or storage of a motor vehicle.
Party Wall - means a wall forming part of a building and used for separation of adjoining
buildings occupied, constructed or adapted to be occupied by different owners, persons or
businesses.
Pole Type Structure / Building - means a building or structure typically constructed with its
main frame and foundation consisting of laminated, sawn or natural (round) wood poles.
Public Utility - means an organization, system, works, building, plant equipment or service
incorporated to provide services to the public including water supply, sewage collection,
electricity, telecommunication, gas or similar services to properties by means of pipes, lines
and other equipment located on or under public roads and other rights-of-way at approved
rates to residents of the Riverdale Municipality.
Residential Care Facility - means a building in which residential accommodation, plus
supervision, care or treatment, is provided by a person or persons employed for that purpose.
Recycling Depot - means a building where waste materials such as paper, plastic and
metals are collected and separated for storage and transfer to market.
Repair - means the renewal or reconstruction of any part of an existing structure for the
purpose of its maintenance or restoration, excluding structural alterations.
Residential Care Facility - means the use of any building or structure, or part thereof, which
is advertised, announced or maintained for the express or implied purpose of providing
lodging, meals, care and supervision, or transitional services to persons not related by blood,
marriage or adoption to the operator, nor to each other, but does not include a facility licensed
or designated as an institution by The Manitoba Health Services Commission.
Secondary Suite - means a self-contained accessory dwelling unit located within, forming
part of or accessory to a permanent single-unit dwelling, farm dwelling or non-farm dwelling
on a single zoning site. A secondary suite contains a single housekeeping unit and has its
own separate access, cooking, sleeping and sanitary facilities which are separate from and
not shared with those of the principal dwelling. This accessory use does not include duplex
housing, semi-detached housing, multiple-unit housing or apartment housing.
Sign - means any writing (including letters, words, or numerals), pictorial representation
(including illustration or decoration), emblem or logo (including device, symbol or trademark),
banner, pennant or any other figure of similar character (excluding display windows) which:
(a)
Is a structure or any part thereof, or is attached to, painted on, or in any other manner
represented on or in a building or other structure;
(b)
Is used to identify, direct attention to, or advertise;
128
(c)
Is visible from outside a building, but shall not include show windows as such; and
(d)
May include the following types:
(i)
Advertising Sign - means a sign directing attention to a business,
commodity, service or entertainment conducted, sold or offered elsewhere
than upon the same zoning site where the sign is maintained, including a
billboard sign;
(ii)
Bulletin Board Sign - means a sign of permanent character, but with
movable letters, words or numerals indicating the names of persons
associated with, or events conducted upon, or products or services offered
upon the premises upon which such sign is maintained, e.g., school, church,
community centre, etc.;
(iii)
Business sign - means an accessory sign directing attention to a business,
commodity, service or entertainment conducted, sold, or offered upon the
same zoning site where the sign is maintained;
(iv)
Identification Sign - means an accessory sign that identifies the business,
owner, or resident and/or the street address of the zoning site on which it is
located and which sets forth no other advertisement;
(v)
Mobile Sign - means any structure designed for transport, which is placed or
maintained at one (1) particular location for the express purpose and intent of
promoting or conveying an advertising message. The removal of the wheels
from such a sign does not change the inherent portability which was part of
the design;
(vi)
Real Estate Sign means a sign advertising the sale, rental or lease of the
premises on which it is maintained; and
(vii)
Temporary Sign
means a sign identifying temporary activities including construction project
signs, real estate signs, political signs and advertising signs (includes mobile
signs) taking place on the same site or a different site on which the sign is
located.
Sign Surface Area - means the entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem, or any other material or colour forming
an integral part of the display; excluding the necessary supports or uprights on which it is
placed. In computing the total sign surface area in square feet, standard mathematical
formulas for known or common shapes will be used. In the case of irregular shapes, straight
lines drawn closest to the extremities of the shape will be used. Where a sign has two (2)
faces placed back to back and are at no point more than three (3) feet from one another, the
total sign surface area of the sign may be taken as the sign surface area of one (1) face of
the sign.
129
Site - means an area of land which:
(a)
Is occupied or intended to be occupied by a principal use or by a use of a building or
group of buildings, together with accessory buildings and structures as are provided
for herein, along with required yards;
(b)
Has direct frontage on a public street or has any lawful means of access as otherwise
provided for in this By-law; and
(c)
Is of sufficient size to meet the minimum requirements of this By-law for a permitted or
conditional use in a zone where the use is located.
Site Area - means the computed area contained within the site lines.
Site, Corner - means a site situated at the intersection of two (2) streets.
Site Depth - means the horizontal distance between the centre points in the front and rear
site lines.
Site Lines:
(a)
Front Site Line - means
(i)
The boundary of a site along a public street or highway;
(ii)
For a corner site, the continuation of the front site line of the abutting interior
site.
(b)
Rear Site Line - means
(i)
A boundary of a site which is most nearly parallel to the front site line;
(ii)
Where the side site lines intersect, a line ten (10) feet in length within the site,
parallel to and at the maximum distance from the front site line.
130
Side Site Line - means any boundary of a site, which is not a front or rear site line.
Where it is not possible to determine site lines according to these definitions, the Development
Officer shall determine them.
Site Width - means the horizontal distance between the side site lines, measured at right
angles to the site depth at a point midway between the front and rear site lines, or at forty (40)
feet from the front site lines, whichever is less.
Street - means a public highway, road allowance, lane, way, or thoroughfare (or any part
thereof) which has a minimum right-of-way width of fifty (50) feet, and which provides the
principal means of access to abutting property.
Structure - means a thing constructed or erected with a fixed location on or below the ground
or attached to something with a fixed location, and includes but is not limited to buildings, walls,
fences, signs, billboards, light standards and antennas.
131
Surface Water - means any body of flowing or standing water, whether naturally or artificially
created, including, but not limited to a lake, river, creek, spring, drainage ditch, roadside ditch,
reservoir, swamp, wetland and marsh, including ice on any of them, but not including a dugout
or reservoir on the property of an agricultural operation.
Surface Watercourse - means the channel in or bed on which surface water flows or stands,
whether continuously or intermittently, but does not include a dugout, reservoir, intermittent
slough, drainage ditch or intermittent stream that is completely surrounded by private land
controlled by the owner or operator of an agricultural operation and that has no outflow going
beyond the private land.
Use - means any purpose for which a building, structure or site may be designed, arranged,
intended, maintained or occupied; or any activity, occupation, business, or operation carried
on, or intended to be carried on, in a building, structure or site.
Waterbody - means any body of flowing or standing water, whether naturally or artificially
created, and whether the flow or presence of water is continuous, intermittent or occurs only
during a flood, including but not limited to a lake, river, creek, stream, slough, marsh, swamp
and wetland, including ice on any of them.
Wind Energy Generating Operation - means one or more devices such as a wind charger,
windmill, or wind turbine that converts wind energy to electrical energy and that, singly or
collectively, produce electricity which is subsequently distributed on the provincial electrical
grid (Manitoba Hydro) for consumption on a commercial basis.
Wrecking Establishment - means the dismantling or wrecking of used motor vehicles,
trailers or agricultural implements, or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles, agricultural implements or their parts.
Yard - means an open area between the exterior wall of a building and the boundaries of the
site on which it is located.
Yard, Required - means the yard measured from a front, rear or side site line towards the
interior of the site within which no building or any part of a building may be located, except as
provided in this By-law.
(a)
Yard, front, means a yard extending along the full length of the front site line between
the side site lines;
(b)
Yard, rear, means a yard extending along the full length of the rear site line between
the side site lines;
(c)
Yard, side, means a yard extending along the side site line from the front yard to the
rear yard;
(d)
Yard, corner side, means a side yard which adjoins a public street; and
132
(e)
Yard, interior side, means a side yard which is located adjacent to another zoning
site, or to a lane separating such side yard from another zoning site.
133
RIVERDALE MUNICIPAL ZONING BY-LAW
APPENDIX "A" - ZONING MAPS
MAP 1:
Riverdale Municipality - District Setting
MAP 2:
Riverdale Municipality
MAP 3:
Lake Wahtopanah
MAP 4:
Paradise Valley
MAP 5:
Wheatland Area
MAP 6:
Community of Rivers
MAP 7:
Community of Wheatland
MAP 8:
Community of Bradwardine
Lake
Manitoba
United States Of America
Province Of Saskatchewan
Riverdale
Municipality
Riding Mountain National Park
Spruce Woods Provincial Park
Turtle Mountain Provincial Park
Melita
Virden
Souris
Rivers
Birtle
Neepawa
Russell
Hartney
Brandon
Rossburn
Oak Lake
Erickson
Carberry
Minnedosa
Killarney
Gladstone
Deloraine
Shoal Lake
Rapid City
Boissevain
Pilot Mound
Portage la Prairie
1
1
16
16
5
2
2
21
24
21
10
83
83
10
Riverdale Zoning
RIVERDALE MUNICIPALITY
MAP 1
DISTRICT SETTING
Legend:
Municipal Boundary
Date: September, 2016
Indigenous and Municipal Relations
Community & Regional Planning
±
Appendix "A"
Riverdale Zoning
By-law No. 2016-12
36
1
36
1
6
31
6
31
31
36
1
1
6
6
31
36
6
1
1
6
31
36
31
36
OAK
RIVER
OAK
RIVER
SASKATCHEWAN
RIVER
ASSINIBOINE
RIVER
Rge. 21W
Rge. 20W
Rge. 22W
Rge. 21W
Rge. 20W
Rge. 22W
Twp. 12
Twp. 11
LITTLE
LAKE
WAHTOPANAH
OF
OAKVIEW
R.M.
OF
WHITEHEAD
R.M.
OF
ELTON
R.M.
OF
WALLACE - WOODWORTH
PL A N
55 00 1
RM
RIVERS
PROVINCIAL
PARK
Upper Assiniboine WMA
(Mayne Unit)
R/A
R/A
R/A
R/A
See Map 8
See Map 7
See Map 6
See Map 5
See Map 4
See Map 3
Community
Of
Rivers
Wheatland
Bradwardine
250
250
564
259
25
Riverdale
Municipality
ZONING MAP 2
Legend
Riverdale municipality boundary
Waterbodies
Rivers Reservoir Boundary
Crown Land
Provincial Park
Wildlife Management Area
Date: September, 2016
Zones
Commercial Zone
General Development Zone
Institutional Zone
Industrial Zone
Rural Industrial Zone
Open Space Recreation Zone
Rural/Agriculture Zone
Residential Estate zone
Residential General Zone
Rural Residential Zone
Seasonal Recreation Zone - 1 acre
Seasonal Recreation Zone - 2 acre
Urban Transition Zone
0
2
4
1
Kilometers
0
1
2
Miles
Indigenous and Municipal Relations
Community & Regional Planning
±
Schedule "A"
Riverdale Zoning
By-law No. 2016-12
BL No.
2019-02
ZBLA No. 2020-04
RR ZONE
Approved Amendments:
ZBLA No. 2020-04
ZBLA No. 2019-02
MR
PLAN
PCL. A
PLAN
1428
PCL . 2
PCL. 1
PCL. 2
PARCEL C
PARCEL E
PARCEL D
NO.
675
1
2
3
4
1
6
7
8
9
2
11
NO.
PLAN
25681
PLAN
NO.
978
PLAN
NO.
978
1st
AV ENUE
PLAN
NO.
1331
ROAD
GOVERNM EN T
ALLOWANCE
PLAN
NO.
661
Parce l 3
1
2
PLAN
NO.
1014
PCL. B
PCL. C
PLAN
NO.
777
PLAN
NO.
24555
PARCEL B
PLAN
NO.
24555
PLAN
1840
PCL. 1
PLAN
1696
PLAN
NO.
24555
PARCEL A
PLAN
NO.
1331
PLAN
NO.
978
PCL. 1
1
8
1
8
1
1
3
1
2
1
51775
PUBLIC ROAD
NO.
PLAN
2
38953
NO.
PLAN
5
2
1
PLAN
NO.
1211
DRIVE
DAKOTA
PLAN
21470
2nd
AVENUE
PLAN
1262
PARCEL B
PLAN
1223
NO.
WAHTOPANAH
DRIVE
SIOUX
LANE
CREE
LANE
SIOUX
LANE
SAULTEAUX
LANE
OKAPAW
LANE
58
52
43
48
51
49
Public
Res erve
Public
Res erve
Public
Res erve
1
10
16
2
17
4
6
9
23
24
42
30
34
33
31
Public
Res erve
Public
Res erve
PLAN
NO.
1315
PLAN
NO.
1315
7
PLAN
21470
PARCEL A
Res erve
Public
978
NO.
PLAN
978
NO.
PLAN
PLAN
NO.
1331
CHAPMAN
ROAD
PLAN
54791
LAKE
3
11
12
13
1
2
PLAN
55780
PUBLIC
ROAD
1
PLAN
58959
PLAN
23979
PUBLIC ROAD
2
3
4
PLAN
1211
PUBLIC LANE
59670
PLAN
2
RIVERS
PROVINCIAL
PARK
R/A
R/A
SR-1
R/A
SR-2
SR-1
RR
RM
OF
OAKVIEW
SE-20-12-20-W
NE-20-12-20-W
SE-29-12-20-W
SW-30-12-20-W
NW-30-12-20-W
NE-30-12-20-W
SW-31-12-20-W
NW-31-12-20-W
NE-31-12-20-W
NW-32-12-20-W
SW-32-12-20-W
SE-30-12-20-W
SW-20-12-20-W
NW-19-12-20-W
NE-29-12-20-W
NW-29-12-20-W
SE-32-12-20-W
Lake
Wahtopanah
SR-1
SR-1
SE-17-12-20-W
NE-17-12-20-W
SW-17-12-20-W
SE-18-12-20-W
NE-18-12-20-W
SW-18-12-20-W
NW-18-12-20-W
NW-17-12-20-W
SE-31-12-20-W
NE-32-12-20-W
25
Riverdale
Municipality
ZONING MAP 3
LAKE
WAHTOPANAH
Legend:
Municipal Boundary
Waterbodies
Rivers Reservoir Boundary
Crown Land
Provincial_Park
Zones
Rural/Agriculture Zone
Rural Residential Zone
Seasonal Recreation Zone - 1 acre
Seasonal Recreation Zone - 2 acre
Date: September, 2016
0
500
1,000
1,500
250
Feet
0
200
400
100
Meters
Indigenous and Municipal Relations
Community & Regional Planning
±
Appendix "A"
Riverdale Zoning
By-law No. 2016-12
ZBLA No. 2020-04
RR
Approved Amendments
ZBLA No. 2020-04
PLAN
41573
2
1
PLAN
36936
1
PLAN
36936
Parcel B
Parcel A
PLAN
36936
Parcel D
Parcel C
Parcel A
PLAN
1085
Parcel B
Parcel D
8
7
3
1
PLAN
46265
PLAN
46265
BERTRAM
DRIVE
9
PLAN
57576
4
12
6
1
RR
R/A
R/A
RM
OF
WHITEHEAD
SW-3-11-20-W
SE-3-11-20-W
NW-3-11-20-W
SW-2-11-20-W
SW-10-11-20-W
SE-10-11-20-W
SW-11-11-20-W
NE-3-11-20-W
LITTLE
SASKATCHEWAN
RIVER
RIVER
SASKATCHEWAN
LITTLE
RR
NW-2-11-20-W
Riverdale Municipality
PARADISE VALLEY
1,000
0
1,000
Feet
ZONING MAP 4
300
0
300
Meters
Legend
Zones
Rural/Agriculture Zone
Rural Residential Zone
Riverdale municipal boundary
Date: September, 2016
Indigenous and Municipal Relations
Community & Regional Planning
±
Schedule "A"
Riverdale Zoning
By-law No. 2016-12
366
PLAN
PLAN
366
PLAN
30452
PLAN
30452
PLAN
569
PLAN
PLAN
1072
2457
PLAN
2406
PLAN
130
PLAN
2272
PLAN
2272
Pt. Plan 129
Pt. Plan 129
PLAN
130
PLAN
29306
PLAN
29306
NO.
PLAN
2406
NO.
PLAN
2406
NO.
2
3
4
PUBLIC ROAD
AVENUE
ALEXANDER ST.
MAIN S T.
ARTHUR ST.
ALFRED ST.
B
A
B
C
1
M
L
K
J
C
B
D
E
Parc el A
F
G
H
PLAN
1
10
11
20
21
25
1
10
11
15
16
25
1
10
11
15
16
20
A
1
1
3
1
2
3
4
5
6
8
No.
PLAN
No.
1141
1141
PLAN
No.
2406
PLAN
S.P.
S.P.
1239
No.
1773
PLAN
129
PLAN
1981
NO.
PLAN
29306
NO.
PLAN
1977
NO.
PLAN
129
NO.
PLAN
129
NO.
A
2406
NO.
PLAN
PLAN
29306
NO.
PLAN
1331
477
PLAN
No.
477
PLAN
No.
NO.
NO.
FENWICK
OR
MR
NW-8-12-21-W
NW-7-12-21-W
NW-18-12-21-W
NW-9-12-21-W
NW-8-12-21-W
NE-18-12-21-W
See Map 7
NE-9-12-21-W
SE-16-12-21-W
NE-16-12-21-W
LITTLE
SASKATCHEWAN
RIVER
25
259
250
0
1,000
2,000
Feet
0
250
500
Meters
Riverdale Municipality
Wheatland Area
ZONING MAP 5
Date: September, 2016
Legend:
Zones
Rural/Agriculture Zone
General Development Zone
Rural Industrial Zone
Open Space Recreation Zone
±
Indigenous and Municipal Relations
Community & Regional Planning
Appendix "A"
Riverdale Zoning
By-law No. 2016-12
BL No. 2019-02
Approved Amendments
ZBLA No. 2019-02
MR
3
Parcel A
Parcel B
Parcel C
Parcel D
PLAN
NO.
1174
2
1
3
4
5
PLAN
2262
2262
NO.
PLAN
LOT 1
3
40755
1
PCL.
2
D
PLAN
PLAN
NO.
PARCEL 4A
PARCEL A
H
J
PARCEL 4
392
PLAN
NO.
PLAN
38952
PLAN
38952
PLAN
38952
PLAN
48134
PLAN
1063
PLAN
33870
PLAN
33003
PLAN
35183
PLAN
37563
PLAN
2266
PLAN
40476
PLAN
801
PLAN
392
PLAN
795
PLAN
28673
PLAN
392
PLAN
392
PLAN
392
PLAN
392
PLAN
392
PLAN
PLAN
PLAN
PLAN
PLAN
31376
37974
26402
36098
26402
PLAN
23663
PLAN
2240
PLAN
2032
PLAN
39611
PLAN
39611
PLAN
40052
CLOSED
PLAN
29105
PLAN
35824
PLAN
249
PLAN
40304
PLAN
236
PLAN
236
PLAN
23973
PLAN
2016
PLAN
236
236
PLAN
PLAN
286
PLAN
PLAN
249
249
286
PLAN
PLAN
286
PLAN
249
PLAN
286
286
286
PLAN
PLAN
PLAN
286
286
286
PLAN
PLAN
286
5
4
PLAN
NO.
NO.
NO.
NO.
44
45
46
62
36
39
47
61
35
39
48
60
31
32
33
26
25
24
34
23
38
42
49
59
50
58
22
21
9
11
15
28
27
16
17
18
7
3
1
14
13
30
29
53
55
16
54
2
4
8
6
51
57
52
56
12
10
19
20
2
2
1
1
PUBLIC ROAD
PUBLIC ROAD
PUBLIC ROAD
FOURTH
FIFTH
FOURTH
THIRD
WILLOW DRIVE
SECOND AVENUE (CLOSED)
STREET
ONTARIO
DOMINION
POPLAR ST.
STREET
SIXTH
SEVENTH
AVENUE
STREET
STREET
STREET
MAIN
QUEBEC
SECOND
FIRST
SECOND
FIRST
BRUNSWICK
STREET
STREET
STREET
THIRD
FOURTH
FIFTH
AVENUE
AVENUE
AVENUE
AVENUE
ALBERTA
MANITOBA
STREET
AVENUE
AVENUE
AVENUE
STREET
STREET
EDWARD
BRUNSWICK
AVENUE
NINTH
STREET
STREET
COLUMBIA
MAIN
AVENUE
NINTH
SIXTH
AVENUE
COLUMBIA
AVENUE
AVENUE
AVENUE
AVENUE
SEVENTH
EIGHTH
STREET
ALBERTA
EDWARD
AVENUE
AVENUE
STREET
AVENUE
MANITOBA
AVENUE
TENTH
ROAD
GOVERNMENT
ALLOWANCE
ROAD
ALLOWANCE
ROAD
GOVERNMENT
ALLOWANCE
ROAD
GOVERNMENT
ALLOWANCE
ROAD
GOVERNMENT
ALLOWANCE
ROAD
GOVERNMENT
ALLOWANCE
ROAD
GOVERNMENT
ALLOWANCE
ROAD
GOVERNMENT
PUBL IC LANE (CL OSED)
Inst. #90-2162
Closed Inst. #15348
Inst. #86-13462
Inst. #86-13462
Inst. #D2075
Inst . #D49 02
PCL. A
PCL. B
1
2
PCL. B
1
20
10
11
20
1
11
10
20
1
10
11
20
1
10
11
20
1
10
11
10
11
6
1
20
7
14
13
11
10
20
1
11
10
20
1
1
12
6
7
13
20
14
1
6
6
1
20
7
14
13
20
1
14
11
10
20
1
10
20
1
11
8
20
11
20
1
11
10
2
1
10
6
1
20
7
17
14
13
20
1
11
10
20
1
10
20
1
11
10
20
1
11
10
20
1
11
10
20
1
11
10
13
20
7
6
1
14
1
6
7
13
14
20
11
PCL. A
20
1
11
10
20
1
11
10
20
1
11
10
20
1
11
10
20
1
11
10
20
1
11
10
6
1
13
14
20
7
13
14
20
7
6
1
40
1
21
20
40
1
21
20
40
1
21
20
40
1
21
20
40
1
21
20
40
1
21
20
23
13
40
1
12
27
26
36
18
13
12
1
4
1
20
17
11
10
1
20
11
10
5
1
20
11
10
1
20
1
40
20
21
40
1
21
20
12
26
27
19
12
1
40
13
26
27
11
10
20
1
11
10
20
1
20
1
10
20
1
11
10
20
1
6
1
6
1
7
20
17
13
14
7
20
13
14
1
6
17
11
10
4
7
10
11
11
PARCEL 2
PARCEL 2
LOT 2
LOT 3
LOT 4
PARCEL A
PARCEL B
PARCEL 9
PARCEL 8
PARCEL 2
PARCEL 5
LOT 1
PCL. G
1
3
C
D
E
F
PARCEL 1
PARCEL 2
1
7
1
PUBLIC RESERVE
1
2
Parcel A
LOT 2
LOT 1
PARCEL 3
1
1
1
2
2
4
4
3
1
2
1
2
3
9
PCL. A
PCL. C
2
19
17
10
PARCEL 6
PARCEL 1
PARCEL 1
2
Parcel B
Parcel A
Parcel C
Parcel D
Parcel A
Parcel E
Parcel B
Parcel F
Parcel G
Pcl.
C
PARCEL B
PARCEL C
PARCEL A
2
5
1
946
PT Pla n 8 45
1016
NO.
PLAN
PLAN
850
392
NO.
PLAN
NO.
NO.
NO.
NO.
NO.
1
2
27
PLAN
129
NO.
PLAN
PLAN
44757
Inst. #86-13462
PLAN
44546
NO.
PLAN
PLAN
NO.
2343
1331
PLAN
NO.
38952
PLAN
NO.
PLAN
33488
PLAN
371
NO.
3
286
5
10
393
PLAN
(Railway River
Diversion Plan)
ROAD
GOVERNMENT
ALLOWANCE
PCL. B
NO.
PLAN
1331
PLAN
NO.
55127
9
33
Pcl. B
Pcl. C
Pcl. D
Pcl. A
Pcl. E
Pcl. L
Pcl. M
Pcl. N
Pcl. J
Pcl. F
Pcl. H
Pcl. G
Pcl. K
PLAN
50591
NO.
No.
PARCEL A
PARCEL C
PARCEL D
PARCEL E
PARCEL B
PLAN
NO.
57763
249
PLAN
249
PLAN
PLAN
286
PLAN
PLAN
249
249
PLAN
249
PLAN
249
PLAN
249
PLAN
249
236
PLAN
236
PLAN
236
PLAN
236
PLAN
236
PLAN
236
PLAN
236
PLAN
236
PLAN
236
PLAN
236
PLAN
236
PLAN
PLAN
236
PLAN
236
PLAN
286
PLAN
286
PLAN
286
PLAN
286
PLAN
PLAN
249
PLAN
249
PLAN
249
249
PLAN
PLAN
286
PLAN
286
286
286
PLAN
PLAN
286
PLAN
286
PLAN
286
PLAN
PLAN
286
PLAN
286
PLAN
286
286
286
PLAN
PLAN
286
PLAN
M
RG
UT
UT
UT
UT
M
OR
UT
I
RG
C
C
21
SW-26-12-21-W
SE-26-12-21-W
SE-25-12-21-W
NE-24-12-21-W
SE-24-12-21-W
SW-24-12-21-W
SW-23-12-21-W
SE-23-12-21-W
OR
C
OR
C
OR
I
I
RE
River
Little
Saskatchewan
M
25
250
COMMUNITY OF RIVERS
0
600
1,200
Feet
Riverdale
Municipality
ZONING MAP 6
Legend
Waterbodies
Rivers Reservoir Boundary
Zones
Commercial Zone
Institutional Zone
Industrial Zone
Open Space Recreation Zone
Rural/Agriculture Zone
Residential Estate Zone
Residential General Zone
Urban Transition Zone
0
200
400
Meters
Date: September, 2016
Indigenous and Municipal Relations
Community & Regional Planning
±
Appendix "A"
Riverdale Zoning
By-law No. 2016-12
PLAN
130
PLAN
2272
PLAN
2272
PLAN
130
PLAN
29306
2
3
4
AVENUE
ALEXANDER ST.
MAIN ST.
ARTHUR ST.
ALFRED ST.
1
10
11
20
21
25
1
10
11
15
16
25
1
10
11
15
16
20
A
1
2
3
4
5
6
8
No.
S.P.
S.P.
PLAN
129
P
2406
O.
NO.
NO.
FENWICK GD
SW-21-12-21-W
NE-16-12-21-W
MR
259
RIVERDALE MUNICIPALITY
COMMUNITY OF WHEATLAND
0
300
600
Feet
ZONING MAP 7
0
91.44
182.88
Meters
Date: September, 2016
Legend:
Zones
Rural/Agriculture Zone
General Development Zone
Rural Industrial Zone
Indigenous and Municipal Relations
Community & Regional Planning
±
Appendix "A"
Riverdale Zoning
By-law No. 2016-12
PLAN
NO.
190
3
18
ELLIOT
2
1
4
PLAN
145
Pt. 7
Pt. 6
Pt. 5
STREET
PLAN
129
190
PLAN
NO.
PLAN
NO.
17
11
10
1
24
ST. JAMES
STREET
AVENUE
PARR
RICHARDSON
AVENUE
AVENUE
AVENUE
KINGS
ST. ANDREWS
17
18
24
11
1
10
2
5
1
2
12
13
15
21
6
19
14
12
13
3PLAN
190
PLAN
145
1
1868
PLAN
129
GD
SE-7-12-22-W
NE-7-12-22-W
259
RIVERDALE MUNICIPALITY
COMMUNITY OF BRADWARDINE
0
500
1,000
Feet
ZONING MAP 8
Date: September, 2016
0
150
300
Meters
Legend:
Zones
Rural/Agriculture Zone
General Development Zone
Indigenous and Municipal Relations
Community & Regional Planning
±
Appendix "A"
Riverdale Zoning
By-law No. 2016-12
APPROVED AMENDMENTS TO:
RIVERDALE MUNICIPAL ZONING BY-LAW
NO: 2016-12