Zoning By-Law Amendment Consolidated Version up to 1709-23
Rural Municipality of Cartier, Manitoba
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1
THE RM OF CARTIER
ZONING BY-LAW
BEING SCHEDULE 'A'
ATTACHED TO BY-LAW NO. 1658-18
o f
THE RM OF CARTIER
2
TABLE OF CONTENTS
PART I - ADMINISTRATION
1.0
Title and Contents ...........................................................................................
6
2.0
Non-Conforming Buildings, Structures, Lots and Uses ....................................
9
3.0
Zoning District Maps ........................................................................................
11
4.0
Approval Required for Development ..............................................................
13
5.0
Other Legislation .............................................................................................
13
6.0
Responsibilities and Duties ..............................................................................
14
6.1
Responsibilities of Council ..............................................................................
14
6.2
Duties of the Owner ........................................................................................
14
6.3
Authority and Responsibility of the Designated Officer ..................................
15
7.0
Development Classes .......................................................................................
17
7.1
Class A Development (No Development Permit Required) ............................
18
7.2
Class B Developments (Permitted Use) ...........................................................
19
7.3
Class C Developments (Conditional Use) .........................................................
21
7.4
Sign Permits .....................................................................................................
21
8.0
Development Permit Applications ...................................................................
22
9.0
Enforcement and Penalties .............................................................................
25
10.0
Rezoning Amendments ....................................................................................
26
11.0
Conditional Uses ..............................................................................................
28
12.0
Variation Orders ..............................................................................................
30
13.0
Subdivisions .....................................................................................................
31
PART II - DEFINITIONS
14.0
Definitions........................................................................................................
34
14.1
General Definitions .........................................................................................
34
14.2
Sign Definitions ................................................................................................
52
14.3
Use Class Definitions........................................................................................
56
PART III - ZONING DISTRICTS
15.0
Zoning Districts ...............................................................................................
69
15.1
Intent of Zoning Districts ................................................................................
69
15.2
Permitted and Conditional Uses ......................................................................
69
15.3
Bulk Regulations for Zoning Districts ...............................................................
69
PART IV - SPECIAL LAND USES
16.0
Special Land Uses.............................................................................................
86
16.1
Applicability .....................................................................................................
86
16.2
Anhydrous Ammonia Facilities .......................................................................
86
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TABLE OF CONTENTS
16.3
Bed and Breakfast Homes .................................................................................... 86
16.4
Car Brokers ........................................................................................................... 87
16.5
Home Industries .................................................................................................... 88
16.6
Home Occupations ................................................................................................ 90
16.7
Livestock Operations ............................................................................................. 92
16.8
Livestock Operations Producing 299 or Less Animal Units ................................... 93
16.9
Livestock Operations Producing 300 or Greater Animal Units .............................. 94
16.10
Natural Resource Developments ........................................................................... 97
16.11
Non-Commercial Farms ......................................................................................... 98
16.12
Planned Unit Developments, Residential .............................................................. 98
16.13
Small Animal Breeding and Boarding Establishment ............................................ 99
16.14
Temporary Additional Mobile Home Dwellings ....................................................... 100
16.15
Vehicular - Oriented Uses ..................................................................................... 101
16.16
Wayside Pits and Quarries........................................................................................... 102
16.17
Telecommunication Towers........................................................................................ 103
16.18
Secondary Suites .......................................... ................................................................ 103
16.19
Wind Turbine Generator Stations ......................................................................... 105
16.20
Care Homes ........................................................................................................... 106
16.21
Boats, Utility Trailers, Un-licensed Vehicles and Motor Homes ............................ 107
16.22
Cannabis Stores ..................................................................................................... 107
PART V - DEVELOPMENT REGULATIONS
17.0
General Development Regulations ......................................................................... 110
17.1
Applicability ............................................................................................................ 110
17.2
Access to Sites ........................................................................................................ 110
17.3
Accessory Uses, Buildings and Structures .............................................................. 110
17.4
Building Grade ........................................................................................................ 111
17.5
Construction on Road Allowance ........................................................................... 111
17.6
Composting ............................................................................................................. 111
17.7
Connecting to Municipal Services .......................................................................... 112
17.8
Excavation, Stripping and Grading ......................................................................... 112
17.9
Fences ..................................................................................................................... 113
17.10
Sensitive Lands - Overlay Zone and Other Flood Risk Areas and Hazard Lands.............. 114
17.11
Hazardous Materials Storage ................................................................................. 115
17.12
Height of Features .................................................................................................. 116
17.13
Land Drainage ......................................................................................................... 116
17.14
Landscaping ............................................................................................................ 116
17.15
Lighting of Sites ...................................................................................................... 118
17.16
Moving of Structures .............................................................................................. 119
17.17
Noxious or Offensive Uses ...................................................................................... 119
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TABLE OF CONTENTS
17.18
Outdoor Solid Fuel Heating System Buildings or Structures ......................................
119
17.19
Private and Semi-Private Swimming Pools and Hot Tubs ...........................................
120
17.20
Projections into Yards .................................................................................................
121
17.21
Special Setbacks ..........................................................................................................
122
17.22
Temporary Buildings and Uses ...................................................................................
123
17.23
Rail Cars, Semi-Trailers or Similar Such Containers ....................................................
125
17.24
Canvas Buildings .........................................................................................................
126
17.25
Lots Adjacent to Stormwater Retention Areas ...........................................................
126
17.26
Solar Collectors ...........................................................................................................
126
18.0
Parking and Loading ....................................................................................................
126
18.1
General .......................................................................................................................
127
18.2
Parking and Loading Development Standards ............................................................
127
18.3
Accessible Parking Spaces ...........................................................................................
130
18.4
Off Street Loading .......................................................................................................
132
19.0
Signs ............................................................................................................................
133
19.1
General .......................................................................................................................
133
19.2
Abandoned Signs ........................................................................................................
134
19.3
General Sign Regulations ............................................................................................
134
19.4
Canopy, Awning, Fascia and Freestanding Signs ........................................................
134
19.5
Portable Signs .............................................................................................................
135
19.6
Temporary Signs .........................................................................................................
138
19.7
Advertising Signs ........................................................................................................
139
20.0
Performance Standards ..............................................................................................
139
20.1
Performance Standards for Industrial Use Class Developments ................................
139
20.2
General Performance Standards for Residential Use Class Developments ................
141
20.3
General Performance Standards for Commercial Uses ..............................................
141
PART VI - ZONING MAPS .......................................................................... 143
APPENDIX 'A' - ZONING DISTRICTS TABLE ........................................................ 150
APPENDIX 'B' - PERMITTED AND CONDITIONAL USE TABLE ............................. 152
APPENDIX 'C' - BULK REGULATIONS TABLE ....................................................... 160
APPENDIX 'D' - ANIMAL UNITS TABLE ............................................................... 162
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PART I - ADMINISTRATION
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PART I
ADMINISTRATIVE CONTENT
1.0 Title and Contents
1.1
Title
1)
This By-law may be cited as the RM of Cartier Zoning By-law.
1.2
Effective Date
1)
This By-law shall be in full force and effect when the RM of Cartier Council
has given it Third Reading.
1.3
Intent and Purpose
The regulations established by this By-law are deemed necessary in order:
1)
To ensure general conformance with the objectives and policies of the White
Horse Plains Development Plan.
2)
To outline the powers and duties of the RM of Cartier Council, the
Designated Officer and the landowner and/or developer as they relate to
this By-law.
3)
To regulate the following:
a)
all buildings and structures erected hereafter;
b)
all uses or changes in use of all buildings, structures and land
established hereafter;
c)
all structural alterations or relocations of existing buildings and
structures occurring hereafter; and
d)
all enlargements or additions to existing buildings, structures and
uses hereafter.
1.4
Contents of the By-law
The contents of this By-law include:
1)
Part I - Administration (Sections 1 to 13), outlines the Operative,
Administrative and Interpretive Clauses.
2)
Part II - Definitions (Section 14) is comprised of the various required definitions
for the Zoning By-law.
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PART I
ADMINISTRATIVE CONTENT
3)
Part III - Zoning Districts (Section 15), outlines the Zoning Districts, Permitted and
Conditional Uses and Bulk Regulations for Zoning Districts.
4)
Part IV - Special Land Uses (Section 16) outlines additional regulations for specific
land uses.
4)
Part V - Development Regulations (Sections 17 to 20), outlines General
Development Regulations and Special Land Use Regulations.
5)
Part VI - Zoning Maps is comprised of the Zoning District Maps.
1.5
Headings, Titles and Appendices
1)
Despite any other provision of this By-law or any other By-law passed by
the RM of Cartier to the contrary, headings, titles and appendices within this By-law shall
be deemed to form part of the text of this By-law.
1.6
Interpretation
1)
Words, phrases and terms defined herein shall be given the defined
meaning.
2)
Words, phrases and terms neither defined herein nor defined in By-laws
of the RM of Cartier shall be given their usual and customary meaning
except where, in the opinion of the Council, the context indicates a
different meaning.
3)
The phrase "used for" includes "arranged for"; "maintained for";
"designed for"; or "occupied for".
4)
The provisions of this By-law shall be interpreted to be the minimum
regulations except where the abbreviation for, or word, maximum is used,
in which case the maximum regulation shall apply.
5)
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events connected by
the conjunctions and, or, or either-or, the conjunctions shall be interpreted
as follows:
a)
and indicates that all the connected items, conditions, provisions or
events shall apply;
b)
or indicates that all the connected items, conditions, provisions or
events may apply singly or in combination; and
c)
either-or indicates that the connected items, conditions,
provisions or events shall apply singly but not in combination.
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PART I
ADMINISTRATIVE CONTENT
6)
The word includes shall not limit a term to the specified examples, but is
intended to extend the meaning to all instances or circumstances of the like
kind or character.
7)
Drawings and illustrations form part of this By-law and are provided to
assist in interpreting and understanding the By-law. Where any conflict or
inconsistency arises between a drawing or illustration and the text of the
By-law, the text governs.
8)
Where any requirement of this By-law results in a fraction of a unit, a fraction
of one-half or more is considered a whole unit and a fraction of less than one-
half, is disregarded.
9)
If a use is not specifically listed in the zones or deemed similar by the
Designated Officer as provided for in Section 14.3 of this By-law, the use is
not permitted.
1.7
Regulation of Uses
1)
With the exception of Section 5.2 of this By-law, no land, building or
structure shall be constructed, enlarged, placed, used or occupied except for a use
that:
a)
is listed in the Zoning District clauses as:
i)
a permitted use development;
ii)
a conditional use development, subject to approval as
such; or
b)
is an accessory use, building or structure.
c)
has been granted a use variance as per the Act.
2)
Where any land, building or structure is used for more than one
purpose; all provisions of the By-law relating to each use shall apply. Where
there is a conflict, the more restrictive regulations shall prevail, except as
otherwise approved by the RM of Cartier Council.
3)
There shall be a maximum of one dwelling unit per lot or parcel of
land, except for the following:
a)
dwelling units that are required for employees or family members,
who in the opinion of Council, will be actively involved in an
agricultural operation;
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PART I
ADMINISTRATIVE CONTENT
b)
Single Family Dwellings, Two Family Dwellings, Townhouse
Dwellings, Multiple Family Dwellings, Temporary Additional
Dwellings or Mobile Home Dwellings, Secondary Suite or Secondary
Farm Dwelling as provided for in this By-law; and
c)
Mobile Home Dwellings in a mobile home park that has been approved by
Council.
1.8
Units of Measurement
1)
This By-law contains imperial and metric measurements. Where there is a
discrepancy between two measurements provided, imperial shall prevail.
1.9
Control of Development
1)
No development, other than that designated in Section 7.1, shall be
undertaken in the RM of Cartier unless an application has been approved and the
development permit has been issued.
1.10
Validity
1)
Should a court of competent jurisdiction declare any Section or part of a
Section of this By-law invalid, the same shall not affect provisions of the
By-law as a whole or any part thereof beyond that which is declared invalid.
1.11
Relationship to Former By-laws
1)
The adoption of this By-law shall not prevent any pending or future legal
action to deal with any existing land use violations
2.0 Non-Conforming Buildings, Structures, Lots and Uses
1)
When on or before the day on which this By-law or any By-law for the
amendment of it comes into force, a development permit has been issued,
and the enactment of the By-law would render the development in respect
of which the permit was issued a non-conforming building, structure,
lot, or use, the development permit continues in effect despite the
enactment of the By-law.
10
PART I
ADMINISTRATIVE CONTENT
2)
Any lawful building or structure which does not conform to one or more of the
applicable yard regulations of the Zoning District in which it is located, either
on the effective date of this By-law or amendments thereto, shall be deemed
to be a permitted building or structure and shall be used as if it conformed to
all such regulations, in accordance with Section 2.0 (5) hereof.
3)
Any legal existing lot which does not conform to the minimum site area, site width,
front yard or access regulations hereof for the Zoning District wherein it is located,
shall be deemed to be a permitted lot and shall be used as if it conformed to all
such regulations, in accordance with Section 2.0 (5) hereof.
4)
Any lawful use of a building, structure or lot, or portion thereof, which does not
conform to one or more of the applicable use regulations of the Zoning District in
which it is located, either on the effective date of this Bylaw or amendments
thereto, shall be deemed to be a permitted use and shall be used as if it conformed
to all such regulations, in accordance with Section 2.0 (5) hereof.
5)
A non-conforming use of land or a non-conforming use of a building may be
continued, but if that use is discontinued for a period of twelve consecutive
months or more, any future use of the land or building shall conform to the
provisions of this By-law.
6)
A non-conforming use of part of a lot shall not be extended or transferred in whole
or in part to any other part of the lot and no additional buildings shall be erected
upon the lot while the non-conforming use continues.
7)
A non-conforming use of part of a building shall not be extended throughout
the building and the building, whether or not it is a nonconforming building
shall not be enlarged or added to and no structural alterations shall be made
thereto or therein.
8)
A non-conforming building may continue to be used, but the building shall not be
enlarged, added to, rebuilt or structurally altered except:
a)
as may be necessary to make it a conforming building; or
b)
as the Designated Officer considers necessary for the routine
maintenance of the building; or
c)
as may be necessary to allow the building to conform to building
standards.
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PART I
ADMINISTRATIVE CONTENT
9)
Where a building or structure that does not conform to the provisions of
this By-law or amendments thereto is destroyed or damaged to an extent
that is 50.00 percent or more of the assessed value of the building or
structure above its foundation, the building or structure shall not be
repaired or rebuilt except in conformity with the provisions of this By-law.
10)
The use of land or the use of a building is not affected by change of ownership,
tenancy or occupancy of the land or building.
11)
Despite Section 2.0 (1) to Section 2.0 (10), as per the Act a non-conformity may be
altered by way of variation order by Council.
12)
Any owner may apply to the Designated Officer for a Non-Conforming Certificate
in accordance with the provisions of the Act.
3.0 Zoning District Maps
3.1
Authority of District Maps
1)
The Zoning District Maps are Part VI of this By-law, which divides the
municipality into Zoning Districts and specifies regulations applying to
particular
lands
3.2
Zoning District Boundaries
Should uncertainty or dispute arise relative to the precise location of the boundary
of any Zoning District, as depicted on the Zoning District Maps, the location shall
be determined by the following:
1)
Where a Zoning District boundary is shown as approximately following the centre
of streets, lanes or other public thoroughfares, it shall be deemed to follow the
centre line thereof.
2)
Where a Zoning District boundary is shown as approximately following the
boundary of a site, the site boundary shall be deemed to be the boundary of the
Zoning District for that portion of the Zoning District boundary which
approximates the site boundary.
3)
Where a Zoning District boundary is shown approximately following Municipal
limits, it shall be deemed to be following Municipal limits.
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PART I
ADMINISTRATIVE CONTENT
4)
Where a Zoning District boundary is shown as approximately following the
centre of pipelines, railway lines, or utility easements, it shall be deemed
to follow the centre line of the right-of-way thereof.
5)
Where a Zoning District is shown as approximately following a topographic
contour line or a top-of-bank line, it shall be deemed to follow the said
line. In the event of a change in the said line, it shall be deemed as moving
with that line.
6)
Where a Zoning District boundary is shown as being parallel to or as an extension
of features noted above, it shall be so construed.
7)
Where features on the ground are at variance with those shown on the
Zoning District Map or in other circumstances not mentioned above, the
Designated Officer shall interpret the Zoning District boundaries. Any such
decision may be appealed to Council.
8)
Where a Zoning District boundary is not located in conformity to the
provisions of Section 3.2(1) to Section 3.2(7) of this By-law, and in effect
divides or splits a registered parcel of land into more than one Zoning
District:
a)
the disposition of the said boundaries shall be determined by
dimensions indicated on the Zoning District Maps or by
measurements directly scaled from the Zoning District Maps;
and
b)
each such portion of the said parcel of land shall be used in
accordance with the applicable Zoning District regulations of this By-
law as if it were a separate site.
3.3
Right-of Way Boundaries
1)
Despite anything contained in this By-law, no Zoning District shall be
deemed to apply to any public roadway and any public roadway may be
designed, constructed, widened, altered, redesigned and maintained in
such manner as may be determined by Council.
2)
Where any public roadway is closed pursuant to the provisions of The
Municipal Act, as amended, the land contained therein shall there upon
be deemed to carry the same Zoning District as the abutting land.
3)
Despite Section 3.3 (2), where such abutting lands are governed by different
Zoning Districts, the centre line of the public right-of-way shall be deemed
to be the Zoning District boundary.
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PART I
ADMINISTRATIVE CONTENT
4.0 Approval Required for Development
1)
No person shall:
a)
commence, or cause or allow to be commenced, a development
without a development permit which has been issued under the
provisions of this By-law; or
b)
carry on, or cause or allow to be carried on a development without a
development permit which has been issued under the provisions of this
By-law.
5.0 Other Legislation
5.1
Compliance
1)
A person applying for, or in possession of, a valid development permit is
not relieved from full responsibility for ascertaining and complying with or
carrying out development in accordance with:
a)
the regulations of the National Building Code as well as applicable
Municipal building regulations and Provincial building code
regulations;
b)
the White Horse Plains Planning District Development Plan;
c)
any other appropriate Federal, Provincial or Municipal legislation; and
d)
the conditions of any caveat, covenant, site plan, development
agreement, variation order or conditional use order, easement or
other instrument affecting a building or land.
2)
Whenever provisions contained in any appropriate Federal, Provincial or
Municipal legislation impose overlapping regulations, laws or policies over the
use of land, buildings or structures, or contain any restrictions covering any of
the same subject matter contained herein, the most restrictive or highest
standard shall apply.
3)
Whenever the provisions of a special agreement or development
agreement entered into between the Municipality and a developer impose
overlapping regulations over the use of land, buildings or structures, or
contain any restrictions covering any of the same subject matter contained in
this By-law, the most restrictive or highest standard shall govern.
4)
The Province of Manitoba and the Government of Canada are not bound
or restricted by any regulation of this By-law. The said governments are
encouraged, however, to permit only those developments that are
consistent with the regulations of this By-law.
14
PART I
ADMINISTRATIVE CONTENT
5.2
Public Utilities and Services
1)
Nothing in this By-law shall be so interpreted as to interfere with
the construction, maintenance of public spaces and operation of the
facilities of any Public Utility Service, Public Service or Protective and
Emergency Service, as defined in this By-Law.
6.0 Responsibilities and Duties
6.1
Responsibilities of Council
Subject to the provisions of the Act, the Municipal Council is responsible for:
1)
The enactment of this By-law.
2)
The adoption or rejection of proposed amendments or the repeal of this
By-law.
3)
Approving or rejecting variation order applications.
4)
Approving or rejecting conditional use order applications and considering
revoking the authorized conditional use order for any violation of any
conditions imposed by it.
5)
Administering and enforcing those provisions of the Act, where applicable.
6)
Establishing a schedule of fees and charges for development and building
permits. Until all applicable fees and charges have been paid in full, no
action needs to be taken on any application.
7)
The adoption or rejection of proposed subdivisions and road closures.
8)
Holding public hearings dealing with subdivisions and road closures.
6.2
Duties of the Owner
1)
Neither the granting of a development permit nor the approval of the
drawings and specifications or the inspections made by the Designated
Officer shall in any way relieve the owner of the responsibility of complying
with the regulations of this By-law or of any relevant by-laws of the RM of
Cartier.
15
PART I
ADMINISTRATIVE CONTENT
2)
Every owner shall:
a)
permit the Designated Officer to enter any building or premises for the
purpose of administering or enforcing this By-law at all reasonable
times and with the consent of the owner in accordance with Section
6.4.3 of this By-law;
b)
after the development application has been approved and the
permit issued, notify the Designated Officer and obtain his/her
approval before doing any work at variance with the approved
documents filed;
c)
be responsible for obtaining, where applicable, from the
appropriate authorities, permits or licenses relating to the buildings,
grades, plumbing, blasting, street, occupancy, on-site waste
management, electrical, highways, and all other permits required in
connection with the proposed work; and
d)
comply with all applicable Provincial and Federal government legislation
including any conditions of any caveat, easements, permits, certificates
and/or licences.
6.3
Authority and Responsibility of the Designated Officer
6.3.1 Establishment and Appointment
1)
The Designated Officer shall be any person appointed by the RM of
Cartier Council to occupy the position of Designated Officer.
6.3.2 Designated Officer Duties and Responsibilities
The Designated Officer:
1)
Shall review each development permit application to ascertain
whether it conforms to the adopted White Horse Plains Planning
Development Plan and amendments thereto, all applicable regulations and
information regulations of this By-law and amendments thereto, and other
Municipal By-laws, the conditions of any caveat, covenant, site plan,
development agreement, variance or conditional use order, easement or
any other instrument affecting a building or land.
2)
May refer a development permit application to any municipal,
provincial or federal department or any other agency or body,
deemed appropriate to obtain comments on the application.
16
PART I
ADMINISTRATIVE CONTENT
3)
Shall approve, without any conditions, or with such conditions as are
required to ensure compliance, an application for development of a
Permitted Use provided the development complies with the regulations of
this By-law, or shall refuse an application for development of a Permitted Use
if the development does not comply with the regulations of this Bylaw unless
he/she uses his/her discretion pursuant to Section 6.3.4 of this By-law.
4)
May give notice of his/her decision on applications for development as
follows:
a)
where an application has been approved, notice to the applicant shall be
given in writing by ordinary mail; or
b)
where an application has been refused, notice in writing shall be given to
the applicant, by ordinary mail, and such notice shall state the reason for
refusal.
5)
Shall receive, review and process development applications.
6)
Shall perform other such duties as described or implied elsewhere in this By-
law.
7)
An owner or applicant who is unsatisfied with a decision or order of the
Designated Officer may request the RM of Cartier Council to review the decision or
order by written notice within 14 days after the person receives the decision or
order.
8)
After giving the person a reasonable opportunity to be heard, the RM of
Cartier Council may confirm, vary, substitute or cancel the order or decision.
6.3.3 Entry for Inspection and Other Purposes
1)
The Designated Officer may, after giving reasonable notice to the owner or
occupier of the 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 administering or enforcing this By-law in accordance
with the Act;
b)
request that anything be produced to assist in inspection, remedy,
or enforcement; and
c)
make copies of anything related to the inspection, remedy, or
enforcement.
17
PART I
ADMINISTRATIVE CONTENT
2)
In an emergency or in extraordinary circumstances, the Designated Officer
need not give reasonable notice or enter at a reasonable time and may
undertake inspection, remedy or enforcement activities referred to in
Section 6.3.3 (1) of this By-law without the consent of the owner or
occupant.
6.3.4 Variance to Regulations
1)
The Designated Officer may approve, with or without conditions, a minor
variation not to exceed fifteen percent (15.00 %) of the regulations of this Bylaw
governing height, distance, area, size or intensity of use regulations.
6.3.5 Public Inspection of Applications
1)
The Designated Officer shall ensure that a Register of Applications is
maintained, and is made available to any interested person during normal office
hours.
6.3.6 Maintenance and Inspection of By-law
The Designated Officer shall:
1)
Make available to the public during normal office hours copies of this Bylaw and
all subsequent amendments thereto.
2)
Charge the specified fee for supplying to the public copies of this By-law.
7.0 Development Classes
The following classes of development are hereby established.
1)
Class A No Development Permit Required
2)
Class B Permitted Use
3)
Class C Conditional Use
18
PART I
ADMINISTRATIVE CONTENT
Class 7.1
Class A Development (No Development Permit Required)
No development permit is required from the RM of Cartier under this By-law for
the developments listed below, provided that such developments shall comply
with the Permitted Use and regulations of this By-law. This does not relieve the
applicant or owner from obtaining approvals from other government agencies. For
a development listed below, the Designated Officer shall advise the applicant that
no permit is required and return the submission, including any fees paid.
Developments exempted from applications are as follows:
1)
Regular maintenance and repair of any development provided it does not
include structural alterations.
2)
Private driveways and patios which are accessory to a development.
3)
A fence, wall, or gate not exceeding 1.8 m. (6.0 ft.) in height.
4)
An accessory building that:
a)
is less than 11.15 sq. m. (120.00 sq. ft.) in area;
b)
does not exceed 2.44m. (8.00 ft.) or one storey in height; and
c)
is not considered a hazard by the Designated Officer.
d)
does not exceed the maximum sq footage allowed.
5)
An unenclosed deck or a deck enclosed by a rail or parapet wall and a
wheelchair ramp, all of which having a floor less than 0.61 m. (2.00 ft.) above grade
unless it is anchored to the building.
6)
Landscaping where the existing grade and natural surface drainage
pattern is not materially altered.
7)
The erection or placement of a temporary building, the sole purpose of
which is incidental to the erection of a building for which a development
permit has been granted, provided the temporary building is removed
within 30 days of substantial completion or as determined by the
Designated Officer.
8)
The following types of signs are exempt but this shall not relieve the
owner or person in control of such signs from erecting and maintaining the signs
in a safe and good condition:
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a)
signs of less than 0.60 sq. m. (6.50 sq. ft.) in area, advertising the sale,
lease, or rent of property, premises, or buildings on that site;
b)
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, the date of
erection of the building or reading matter commemorating a person
or event;
c)
signs of a duly constituted governmental body, including traffic or
regulating devices, legal notices, railway crossing, danger or other
emergency signs;
d)
one real estate sign;
e)
election campaign signs during Federal, Provincial, Municipal and
School Board election periods and up to seven (7) days after the
election; and
f)
non-illuminated directional signs, each sign not to exceed 0.51 sq. m. (5.50
sq. ft.) in sign area.
9)
The use of farmland, farm buildings and structures for permitted agricultural
activities, excluding livestock operations.
10)
When a change in land use is from one agricultural activity to another, excluding
livestock operations.
7.2
Class B Developments (Permitted Use)
The following information shall be submitted with an application for Class B
(Permitted Use) developments, and the appropriate application form fully and
accurately completed with information included as follows:
1)
The municipal address of land and buildings presently occupying the site,
if any.
2)
A status of Title that has been issued within thirty (30) days of the
application.
3)
A legal description of the land on which the proposed development is to occur, by
lot, block, subdivision and registered plan numbers.
4)
The applicant's name, address and interest in the land.
5)
A sketch plan of the site, showing the location of the proposed development
relative to the boundaries of the site.
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6)
Description of the work to be performed with respect to:
a)
change in current occupancy of land use; or
b)
description of proposed development or building operations.
7)
Identification of the scale of the development with respect to:
a)
gross floor area of the development in square metres;
b)
area of the site covered in square metres;
c)
height of the structure in metres; and
d)
number of floors or storeys.
8)
The estimated value, in dollars, of the proposed work.
9)
A site plan, at a minimum scale of 1:500, showing the following:
a)
a directional true north arrow with the north point located in
such a manner that the true north is in the upper position of the
drawings;
b)
setbacks, separation distances and yard dimensions;
c)
the location of all buildings or structures in relation to property
lines; and
d)
dimensioned layout of existing and proposed parking areas, driveways,
entrances and exits, abutting public roadways, median breaks and
auxiliary lanes.
10)
Identification of the scale of the development with respect to the number
of dwellings, or establishments for commercial, industrial or other
purposes.
11)
If required by the Designated Officer, a site plan at a minimum scale
of1:500, showing:
a)
the location of sidewalks and walkways; where applicable, parking,
loading, storage, outdoor service and display areas; and
b)
the location of fences, screening, retaining walls, trees,
landscaping, and other physical features both existing and
proposed in the site and adjoining boulevard, if any.
12)
Floor plans at minimum scale of 1:100, indicating all uses or occupancies,
storage and garbage holding areas.
13)
Elevations and drawings, indicating sections and the bulk of buildings, at a
minimum scale of 1:100. Elevation to show grade level at the minimum Flood
Protection Level (FPL) unless otherwise directed by the Development Officer
14)
Number of parking and loading spaces required and provided.
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15)
A building location certificate.
16)
A site plan and description of the proposed water supply and wastewater
management systems.
7.3
Class C Developments (Conditional Use)
In addition to two copies of the information required for Class B (Permitted Use)
developments, the applicant shall submit two copies of the following for Class C
(Conditional Use) developments:
1)
A plan showing the location of adjacent buildings and structures indicating the
approximate height and number of storeys.
2)
Excluding the Agricultural and Natural Resource Development Use Classes, a
description of the exterior finishing materials to be used.
3)
A written statement and other supportive material explaining the proposed
development.
7.4
Sign Permits
The following information shall be submitted, in duplicate, with an application for a
development permit for a sign, and the appropriate application form shall be fully and
accurately completed:
1)
The municipal address and legal description of the land or building where the
sign is to be erected.
2)
The applicant's name, address, telephone number and interest in the land.
3)
The name of the business or development where the sign is to be erected.
4)
Whether the development where this sign is to be erected is single business
occupancy or multiple business occupancy development.
5)
A letter from the owner of the property on which the sign is to be erected, or
his/her agent, authorizing the applicant's sign development.
6)
Two sets of working drawings for the proposed sign showing:
a)
the overall dimensions of the sign, including all sign boxes and
cabinets;
b)
a description or illustration of the copy to be displayed on the sign;
c)
the method of illumination, if any;
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d)
the materials from which the sign is to be constructed; and
e)
method used to support the sign and the type of wall construction if the
sign is anchored to a building.
7)
Two sets of a sketch plan showing:
a)
the location of the sign on the building;
b)
the clearance from grade from the lowest portion of the sign;
c)
maximum extension of the sign above the building roof or parapet
wall;
d)
the distance of the maximum projection of the sign beyond the
building wall; and
e)
any sidewalks, pedestrian passageways, or public roadways that the
proposed sign will extend over.
8.0 Development Permit Applications
8.1
General Application Submission Conditions
1)
An application for a development permit shall not be considered to have
been received until the applicant has submitted all information required
pursuant to this Section of the By-law, and any information specifically
required pursuant to the regulations of the applicable Zoning District or any
other Section of this By-law and until the applicant has paid the appropriate
fee.
2)
Despite Section 8.1(1) of this By-law, the Designated Officer may consider
an application if the development is of such a nature as to enable a decision
to be made on the application without all of the information required in
this Section of the By-law.
3)
The Designated Officer may require an applicant to submit such additional
information as he/she considers necessary to verify the compliance of the
proposed use or development with the regulations of this By-law.
4)
Despite Section 7.1(4) of this By-law, a development permit for an accessory
building cannot be issued unless a development permit for the main building
has also been issued.
5)
The approval of any application, drawings, or the issuing of a development
permit shall not prevent the Designated Officer from thereafter requiring
the correction of errors, nor from prohibiting the development being
carried out when the same is in violation of this By-law.
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PART I
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6)
Where an application for a development permit is determined to contain
incorrect information, no development permit shall be issued until the
applicant corrects such information.
7)
Any development permit issued on the basis of incorrect information contained in
the application shall be invalid.
8)
Unless otherwise specified in this By-law, all drawings submitted shall be drawn
on substantial standard drafting material to a scale of not less than 1:100 or such
other scale as the Designated Officer may approve, and shall be fully dimensioned,
accurately figured, explicit and complete.
8.2
Special Information Requirements for Application Submissions
1)
When an application for a development permit for a building with any
habitable space is submitted to the Designated Officer for the development
of a site abutting a water course and Municipal drain, the Designated
Officer may require, in consultation with a Certified Professional Engineer
of Manitoba, information regarding the existing and proposed grades at
0.46 m. (1.50 ft.) contour intervals. The final grades shall be to the
satisfaction of the Designated Officer and in accordance with any
applicable Municipal Lot Grade By-laws.
2)
Despite anything contained herein, the Designated Officer may require a
detailed engineering study of the soil conditions prepared by a Certified
Professional Engineer of Manitoba prior to the issuance of a development
permit or the construction of any development abutting a water course
and Municipal drain. The engineering study shall contain evidence of:
a)
test borings;
b)
ground water piezometer test;
c)
slope indicators where necessary;
d)
identification of any sub-surface mining operations;
e)
river erosion analysis; and
f)
surface erosion analysis.
The detailed engineering study shall conclude with the registered Professional
Engineer certifying that the foundations proposed for the development are
designed with full knowledge of the soil conditions and the proposed siting of the
development upon this site.
3)
The Designated Officer may require the submission of a detailed
engineering study as outlined in Section 8.2 (2) of this By-law prior to the
Issuance of a development permit at any location within the Municipality
which in the opinion of the Designated Officer or Certified Professional
Engineer of Manitoba has unstable soil conditions.
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PART I
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4)
The Designated Officer, having required a detailed engineering study of
the soil conditions may, acting on the advice of the Certified Professional
Engineer of Manitoba, apply conditions to the approval of the development
permit to prevent erosion, stabilize soil conditions and ensure proper land
drainage.
8.3
Conditions Attached to a Development Permit
1)
The RM of Cartier may impose, with respect to a permitted use, such conditions
as are required to ensure compliance with this By-law.
2)
The RM of Cartier may, with respect to a conditional use, impose such
conditions as deemed appropriate, having regard to the regulations of this
By-law, other municipal, provincial and federal government regulations,
and matters raised at the conditional use hearing.
3)
The RM of Cartier may, as a condition of issuing a development permit,
require the applicant to make satisfactory arrangements for the supply of
electric power, vehicular and pedestrian access, or any of the
aforementioned, including payment of the costs of installation or
constructing any such utility or facility by the applicant.
4)
The RM of Cartier may, as a condition of issuing a development permit
require that an applicant enter into an agreement or an interim agreement,
which shall be attached to and form part of such development permit, to
do all or any of the following:
a)
to construct, or pay for the construction of, or improvement to, a public
roadway required to give access to the development;
b)
to specify the location and number of vehicular and pedestrian
access points to sites from public roadways, including the
construction, or payment for the construction thereof or
improvements thereto;
c)
to install, or pay for the installation of, utilities that are necessary to
serve the development, or pay the recovery costs of services which
have already been installed;
d)
to repair, improve or reinstate, or to pay for the repair,
improvement or reinstatement, of any street furniture, curbing,
sidewalk, boulevard landscaping and tree planting which may be
damaged or destroyed or otherwise harmed by the development or
building operations upon the site; and
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PART I
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e)
to construct, or pay for the construction of, or improvement to,
land drainage works that are necessary to serve the development.
5)
The RM of Cartier may require any agreement entered into pursuant to
Section 8.3 (4) of this By-law to be caveated against the title to the site at the Land
Titles Office.
9.0 Enforcement and Penalties
9.1
Offenses
1)
Any owner, leassee, tenant or occupant of land, or a building or a
structure thereon, who, with respect to such land, building or structure:
a)
contravenes; or
b)
causes, suffers or permits a contravention of, any provision of the
Act, a development permit, a development agreement or this By-
law;
commits an offense.
2)
Any contractor, worker, or other person who constructs a building or
structure, or makes an addition or alteration thereto:
a)
for which a development permit is required but has not been
issued or is not subsisting under this By-law; or
b)
in contravention of a condition of a development permit issued
under this By-law;
commits an offense.
9.2
Penalties
1)
Fines and penalties will be imposed as per the Planning Act and/or the
Municipal Fees and Charges By-Law.
9.3
Suspension or Revocation of the Development Permit
1)
The Designated Officer may suspend or revoke a development permit
where:
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PART I
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a)
the applicant fails to comply with the conditions of issuance of a
permit; or
b)
any person undertakes or causes or permits any development on a site
contrary to the terms or conditions of a permit.
2)
Any person who undertakes, or causes or permits, any development on a site
without a permit, or after a permit has been suspended or revoked, shall
discontinue such development forthwith upon notice in writing issued by the
Designated Officer so requiring, and shall not resume such development unless
a permit has been issued or the permit reinstated.
10.0 Rezoning Amendments
10.1 Text and Mapping Amendments
1)
Any person applying to amend any Part of this By-law shall apply in writing to the
Designated Officer, furnishing reasons in support of the application and requesting
that the Designated Officer submit the application to the RM of Cartier.
2)
If a person applies to the RM of Cartier in any manner for an amendment to any
Part of this Zoning By-law, the RM of Cartier shall require him/her to submit
his/her application to the Designated Officer in accordance with the provisions of
this Section of the By-law before it considers the amendment proposed by such
person.
3)
Any person applying to amend Part III of this By-law to change the Zoning District
governing any land shall apply in writing to the Designated Officer and submit the
following to the Designated Officer:
a)
a status of Title which has been issued no later than 30 days prior to
the receipt of the amendment application by the Designated Officer;
b)
a signed letter indicating the following: the applicant's name,
signature, address; the reasons for applying; rationale in support of
the application, and; a statement stating that he/she is willing to pay
for all costs incurred by the Municipality in processing the proposed
amendment, whether it be enacted or not, including, but not limited
to, all mapping, printing, reproduction, planning, engineering, legal,
surveys and advertising costs; and
c)
the appropriate application fee.
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PART I
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10.2
Review and Processing of Amendments
1)
Upon receipt of an application for a rezoning amendment, the Designated Officer
shall forward the application to the RM of Cartier for review.
2)
If the RM of Cartier deems it appropriate to give the application first
reading, the Designated Officer shall then examine the proposed amendment
or undertake an investigation and analysis of the potential impacts of
development under the proposed Zoning District. The analysis shall be based
upon the full development potential of the uses and development regulations
specified in the proposed Zoning District and not on the merits of any particular
development proposal. The analysis shall, among other things, consider the
following impact criteria:
a)
relationship to and compliance with the White Horse Plains Planning
District Development Plan and RM of Cartier Municipal Council
policies;
b)
compatibility with surrounding development in terms of land use
function and scale of development;
c)
traffic impacts;
d)
relationship to, or impacts on utility services and public facilities such
as recreational facilities and schools;
e)
relationship to Municipal land, right-of-way or easement
regulations;
f)
effect on stability, retention and rehabilitation of desirable existing
uses, buildings, or both in the area;
g)
necessity and appropriateness of the proposed Zoning District in
view of the stated intentions of the applicant;
h)
relationship to the documented concerns and opinions of area
residents regarding the application;
i)
groundwater and soil conditions; and
j)
topographical, physical and natural features.
3)
The Designated Officer may prepare a written report on the proposed
amendment and advise the applicant of the hearing date.
4)
The Designated Officer, in his/her discretion, may present for the
consideration of the RM of Cartier any proposed amendment to this Bylaw, and
the proposed amendment shall be accompanied by the report and
recommendation of the Designated Officer.
5)
The RM of Cartier in its discretion, may initiate any amendment to this
By-Law, and prior to the approval of any amendment, the RM of Cartier
may refer the proposal to the Designated Officer for his/her report and
recommendation.
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PART I
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6)
Every rezoning application shall be accompanied by the required fee as set out by
the RM of Cartier.
7)
When a Development Agreement is to be entered into between the RM of Cartier
and the applicant, the applicant shall pay to the RM of Cartier, in addition to any
other fee required pursuant to this or any other By-law, a Development
Agreement fee.
10.3
Notification of Amendments
1)
Prior to consideration by the RM of Cartier a proposed rezoning
amendment, the Designated Officer shall place a public notice in
compliance with the Act.
11.0 Conditional Uses
1)
Where a use is classified as a conditional use and exists as an allowable use
at the date of the adoption of this By-law or amendments thereto, it shall
be considered as a legally existing conditional use.
2)
Any change in a conditional use shall be subject to the provisions of this Section
and the appropriate provisions of the Act.
3)
An owner or his/her agent may file an application to use land for a use listed as a
conditional use in this By-law.
4)
An application for approval of a conditional use shall be filed with the
Designated Officer and shall be in such form and accompanied by such
information and fees as determined by the RM of Cartier Council.
5)
The RM of Cartier may request the Designated Officer to prepare a written
report that identifies potential impacts. The analysis shall, among other
things, consider the following impact criteria:
a)
relationship to and compliance with the White Horse Plains Planning
District Development Plan and Municipal Council policy;
b)
compatibility with surrounding development in terms of land use
function and scale of development;
c)
traffic impacts;
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PART I
ADMINISTRATIVE CONTENT
d)
relationship to, or impacts on utility services and public facilities such
as recreational facilities and schools;
e)
relationship to Municipal land, right-of-way or easement
regulations;
f)
effect on stability, retention and rehabilitation of desirable existing
uses, buildings, or both in the area;
g)
relationship to the documented concerns and opinions of area
residents regarding the application;
h)
groundwater and soil conditions; and
i)
topographical, physical and natural features.
6)
Prior to consideration by the RM of Cartier of a conditional use
application, the Designated Officer shall place a public notice in compliance with
the Act.
7)
An application for a conditional use shall be processed and approved or
rejected in accordance with the Act. If warranted, the RM of Cartier may
consider imposing conditions to ensure that the proposed development will not
significantly impact the Municipality. This could include:
a)
additional buffering measures such as increased yard setbacks,
berms and fencing;
b)
performance standards dealing with such potential impacts as
noise, odour and vibration;
c)
limiting the hours of operation;
d)
imposing design and siting regulations including landscaping, outdoor
lighting, refuse and storage areas, and building design and architectural
appearance;
e)
the owner/applicant upgrading certain municipal services such as
roads and ditches;
f)
a letter of credit related to municipal improvements such as road or
drainage works;
g)
liability insurance protecting the municipality from any future legal
claims, including environmental contamination to water sources; or
h)
the owner/applicant entering into a development agreement with the
Municipality.
8)
The approval of the RM of Cartier shall expire and cease to have any effect
if it is not acted upon within twelve months of the date of the decision, unless it
is renewed at the discretion of RM of Cartier for one additional period not
exceeding twelve months.
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PART I
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9)
A conditional use approval expires if the use begins operations within two (2) years
of the date of approval but later ceases operations for three (3) consecutive years
unless otherwise specified in the terms of approval due to special conditions.
10)
Unless otherwise provided in a Conditional Use Order, all approved conditional
uses:
a)
shall be operated in accordance with all plans and documents submitted
as part of the application; and
b)
shall comply with all other applicable provisions of this By-law.
12.0 Variation Orders
1)
Any person who is of the opinion that this By-law injuriously or adversely affects
him/her or his/her property rights may at any time apply for a variation order, in
accordance with the provisions of the Act.
2)
An application for a variation order shall be filed with the Designated Officer, and
shall be in such form and accompanied by such information and fees as
determined by the Designated Officer or the RM of Cartier.
3)
Prior to consideration by the RM of Cartier of a proposed variation order, the
Designated Officer shall place a public notice in compliance with the Act. The
RM of Cartier may request the Designated Officer to prepare a written report
that assesses the merits and implications of the proposed application.
4)
An application for a variation order shall be processed and approved or rejected
in accordance with the provisions of the Act. As a condition of approval, The RM
of Cartier may require that the owner/applicant enter into a development
agreement with the RM of Cartier.
5)
The approval of the RM of Cartier shall expire and cease to have any effect if it
is not acted upon within twelve months of the date of the decision, unless it is
renewed at the discretion of the RM of Cartier for one additional period not
exceeding twelve months.
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PART I
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13.0 Subdivisions
1)
Subject to Section 13.0 (2) and 13.0 (3) of this By-law, no parcel of
land shall hereafter be divided into sites, unless each site conforms
to the regulations of the Zoning District in which the site is located.
2)
The RM of Cartier may, as provided in the Act, vary the regulations
as they apply to an individual site, subject to complying with the
objectives and policies of the White Horse Plains Planning District
Development Plan.
3)
An existing undersized lot may be increased in area or frontage, or both,
and still remain an existing undersized lot if after the increase the lot still
remains undersized.
4)
In addition to the requirements contained herein, all subdivisions
shall conform to the provisions of the White Horse Plains Planning
District Development Plan, and the provisions of the Act, where
applicable.
32
33
PART II - DEFINITIONS
34
14.0 Definitions
Terms and words in this By-law as defined in the Act have the meaning
expressed therein. Other terms and words, unless the context otherwise
requires, are defined below.
14.1
General Definitions
1)
Abut or abutting means immediately continuous to or physically touching,
and when used with respect to a site, means that the site physically touches
upon another site or piece of land, and shares a lot line or boundary line
with it.
2)
Accessibility means the ability of persons with disabilities to enter and use facilities
without having to avoid significant obstacles that are not inherent in the design of
the facility.
3)
Accessory means, when used to describe a use, building or structure, said use,
building or structure is naturally or normally incidental, subordinate, and
exclusively devoted to the principal use or building, and located on the same lot
or site.
4)
Act, the means The Planning Act.
5)
Aggregate means quarry mineral that is used solely for construction
purpose as a constituent other than in the manufacture of cement and
includes sand, gravel, clay, crushed stone and crushed rock.
6)
Aggregate Quarry means a quarry from which aggregate is extracted.
7)
Alteration means a change or modification to an existing building,
structure or use which, unless otherwise provided for herein, does not
increase the exterior dimensions with respect to height and area.
8)
Animal Unit (A.U.) means the number of animals of a particular category of
livestock that will excrete 73.00 kg. (160.93 lb.) of nitrogen in a twelve month
period.
9)
Apiary means any place where bees are kept.
10)
Applicant means a registered owner or an owner's authorized agent, who has filed
an application subject to the provisions of this By-law.
PART II
DEFINITIONS
35
11)
Aquifer means a water-bearing geological formation that is capable of
producing water to wells or springs in quantities that are economically useful.
12)
Attached, when used in reference to a building, means a building otherwise
complete in itself, which is dependent for structural support, or complete
enclosure, upon a wall or walls shared in common with an adjacent building or
buildings.
13)
Automated Teller Machine means a device that dispenses cash and conducts
limited banking transactions for customers using a credit card, bank card, or other
similar personal banking card.
14)
Basement means the portion of a building or structure which is wholly or partially
below grade, having above grade no more than 1.83 m. (6.00 ft.) of its clean
height which lies below the finished level of the floor directly above or being a
minimum depth of 1.5 m. (5.00 ft.).
15)
Bedrooms means a habitable room located within a dwelling unit that is used
primarily for sleeping.
16)
Bedroom Suites means a bedroom located within a dwelling unit that
contains washroom facilities for the exclusive use of the occupants thereof.
17)
Blank Walls means exterior walls containing no windows, doors or other similar
openings.
18)
Buffer Strip means a strip of landscaping or vegetation used to provide a screen
between sites in order to mitigate objectionable features between them.
19)
Building means any structure used or built for the shelter, accommodation or
enclosure of persons, animals, material or equipment.
20)
Building Inspector means the officer or employee of the Municipality or
Planning District charged with the duty of enforcing the Municipal Building By-
law and any applicable Provincial and National Building Codes or regulations.
21)
Building Line means a line representing the location of the wall of a building on a
lot situated closet to any street line
22)
Building Permit means a permit issued by the Municipality authorizing the
construction or alteration of all or part of any building or structure in accordance
with the applicable codes and standards.
23)
Bulk Fuel Storage Tank means a tank used for the bulk storage of
petroleum products or other flammable liquids legally stored within a
structure or establishment that is incidental to the primary use of the site.
23)
Caliper means the trunk diameter of a tree measured at a point 300.00 mm.
(12.00 in.) above the top of the root ball.
PART II
DEFINITIONS
36
24)
Campground means a parcel of land used or maintained as an overnight
tenting or camping area, where people are temporarily accommodated in
tents, trailers, travel trailers, motor homes or similar facilities, whether or
not a fee or charge is paid for the rental thereof, but does not included a
mobile home or a mobile home park.
25)
Composting means a designed and managed system to facilitate the process of
aerobic decomposition of organic matter by biological action.
26)
Commercial Rental Unit means a single commercial space available on the
market as a self-sufficient, independent unit, equipped, zoned and
intended to be used for commercial purposes.
27)
Common Element means all property within a condominium except the
condominium units.
28)
Communication Uses which include those within federal or provincial jurisdiction,
the uses and/or structures primarily associated the broadcasting or reception of
signals, including internet, phone and radio. (reference amendment by-law 1709-23)
29)
Conditional Use Order means those uses of land, buildings or structures
which may be permitted in a particular Zoning District but only at the
discretion of the Municipal Council in accordance with the Act.
30)
Condominium means individual ownership of a unit in a multiple unit structure
where expenses common to all parties are shared.
31)
Condominium Bare Land Unit means a unit of land defined by delineation
of its horizontal boundaries without reference to any buildings on a
condominium plan.
32)
Condominium Unit means a part of the land or building that is designated
as a unit by the condominium plan, and is comprised of the space enclosed
by its boundaries and all material parts of the land within this space at the
time the condominium declaration and plan are registered.
33)
Confined Livestock Area means an outdoor, non-grazing area where
livestock are confined by fences or other structures and includes a feedlot,
paddock, corral, exercise yard, hoop structure and holding area.
34)
Construction or Constructed means the physical location, erection,
increase or decrease in size of any building or structure or ground
including any excavation, building, drilling, digging, alteration, addition,
extension, location, relocation, demolition, replacement and/or
development.
PART II
DEFINITIONS
37
35)
Conversion means a change in use of land or a building or an act done in
relation to land or a building that results, or is likely to result, in a change
in the use of such land or building without involving major structural
alterations.
36)
Cultivated Land means land that is prepared and used for the growing of
crops.
37)
Curb Cutting means the cutting or lowering of a curb, sidewalk or boulevard,
or any of them, to provide a driveway for vehicular and pedestrian access
to a site.
38)
Designated Officer means the Designated Officer as appointed by the RM of
Cartier in accordance with the Act.
39)
Development Permit means a permit issued by the RM of Cartier authorizing
development, and may include a building permit.
40)
Development Plan means the White Horse Plains Planning District
Development Plan adopted by By-law and as amended.
41)
Dugout means an earthen excavation designed to collect and store runoff.
42)
Dwelling Unit means one or more self-contained rooms provided with
sleeping and cooking facilities, intended for domestic use, and used or
intended to be used permanently or semi-permanently as a residence for
a household.
43)
Dwelling Unit Area means the total floor area of the dwelling unit
contained within the outside surface of the exterior walls. This calculation
shall exclude basement or other areas that are below-grade.
44)
Earthen Storage Facility means a structure built primarily from soil,
constructed by excavating or forming dikes, and used to retain livestock
manure.
45)
Elevation, Lot Grade means either the elevation of the finished ground
surface at any specific reference point, at any point on the slope between
two specific reference points on a lot, or a combination thereof.
46)
Environmental Impact Statement means a study prepared in accordance
with established procedures to identify and assess the impacts of
development on a specified feature or system.
PART II
DEFINITIONS
38
47)
Exotic/Restricted Animal means:
a) any member of the order Primate except a human being;
b) any member of the order Carnivora except dogs, cats and
domestic ferret, but including all hybrids of dogs and cats;
c) any member of the order Crocodylia;
d) any constrictor, venomous snake or venomous reptile;
e) any venomous amphibian;
f) any wild animal as defined in the Wildlife Act, and
g) any other animal determined by the animal control officer to be a
restricted animal other than dog, cat or livestock.
48)
Farm Building/Structure means a building or structure which does not
contain a residential occupancy and which is (a) associated with and located on
land devoted to the practice of farming and (b) used essentially for the housing
of equipment or livestock, or the production, storage or processing of
agricultural and horticultural produce or feeds, such as barns, produce storage
buildings, milking centres, piggeries, poultry houses, grain bins, silos,
machinery sheds, farm workshops, feed preparation centres, manure storages,
greenhouses and garages not attached to a farm residence and (c) has a Low
Human Occupancy (as applying to farm buildings) means an occupancy having
an occupant load of not more than 1 person per 40 square meters during
normal use.
49)
Family means one person or two or more persons voluntary associated,
plus any dependents living together as an independent, self-governing single-
housekeeping unit.
50)
Field Storage means solid livestock manure that is stored in the open air
other than in a manure storage facility.
51)
Flood means a temporary rise in stream flows or water levels due to any
source or cause that results in inundation of the areas adjacent to the
watercourse or water body.
52)
Floodplain means the area adjoining a river or stream which has been or
may be covered by flood water.
53)
Flood Proofed means the measures taken to ensure that a structure or
building is safe from the effects of flooding and includes: no openings of any
kind such as windows, doors and vents, or electrical meeting equipment etc.
shall be permitted below the flood datums.
54)
Flood Protection Level means an elevation which is 0.67 m. (2.00 ft.) above
the 1 in 200 year flood level or flood of record, whichever is greater.
PART II
DEFINITIONS
39
55)
Flood Risk Area means that land adjacent to a watercourse that is divided
into two parts: the floodway and the floodway fringe. The floodway
includes the area where the majority of floodwaters pass. The
floodway fringe includes the area outside the floodway that may be
subjected to periodic flooding or inundation of floodwaters.
56)
Floor Area Ratio means the numerical value of the gross floor area of the
building or structure located upon the building site, excluding:
a)
basement areas used exclusively for storage or service to
the building;
b)
parking areas below grade, and
c)
floor areas devoted exclusively to mechanical or electrical
equipment servicing the development, divided by the area
of the site.
57)
Frontage means all that portion of a site fronting on a street and
measured between side lot lines.
58)
Fuel Tank Storage means a tank for the bulk storage of petroleum products
or other inflammable liquids which are being legally kept in a retail store
or storage tank which is incidental to the primary use of the premises.
PART II
DEFINITIONS
40
59)
Garage means an accessory building, or part of a principal building designed
and used primarily for the storage of motor vehicles and includes a carport.
60)
Grade, Building Lot means the lot grade elevation of the finished ground surface
immediately adjacent to the foundation of a building.
61)
Grain Storage Structure means any structure which is designed to store any type
of grain.
62)
Groundwater means water below the surface of the ground.
63)
Habitable Room means any room in a dwelling other than a non-habitable room.
Lane
Lane
41
64)
Height means, when used with reference to a building or structure, the vertical
distance between the horizontal plane through grade and a horizontal plane
through:
a)
the highest point of the roof in the case of a building with a flat
roof or a roof having a slope of less than 20.00 degrees; and
b)
the average level between eaves and ridges in the case of a pitched,
gambrel, mansard or hipped roof, or a roof having a slope of more than
20.00 degrees, provided that in such cases the ridge line of the roof
shall not extend more than 1.52 m. (5.00 ft.) above the maximum
permitted building height of the Zoning District.
42
PART II
DEFINITIONS
65)
Household means one person or two or more persons voluntarily
associated, plus any dependents, living together as an independent, self-
governing single housekeeping unit.
66)
Institution means a building or part of a building used for a non-
commercial purpose by an organized body or society for promoting a particular
object or cause, but does not include Private Clubs.
67)
Landscaping means any combination of trees, shrubs, flowers, grass or
other horticultural elements, decorative stonework, paving, screening or other
architectural elements, all of which are designed to enhance the visual amenity of
a site or to provide a screen between sites in order to mitigate objectionable
features between them.
68)
Livestock means farm animals kept for use, propagation or whether or not
intended for profit and includes, but not limited to:
a) dairy and beef cattle;
b) swine, goats, sheep and horses;
c) hens, chicken, turkeys, turkey broilers, geese and ducks; and
d) foxes, mink and rabbits.
e) any other animals that is determined by the animal control officer to
be livestock for the purpose of this By-Law.
f) the keeping of bees would be a conditional use in residential zones.
69)
Loading Space means an off-street space or berth on the same site with a
building, or contiguous with a group of buildings, for the temporary
Flat Roof
Hip
Gable
Gambrel
Roof
Mansard
Roof
43
parking of a commercial vehicle while loading or unloading merchandize or
materials, and which abuts upon a street, lane or other appropriate means of
access.
70)
Lot, Corner means a lot located at the intersection of two public roadways, the
interior angle of such intersection not exceeding 135.00 degrees.
71)
Lot, Double Fronting means a lot which abuts two public roadways, which are
parallel or nearly parallel in the vicinity of the lot.
72)
Lot, Flag means a lot so shaped and designed that the main building site is set
back from the street on which it fronts and includes an access strip connecting
the main building site with the frontage street.
73)
Lot, Interior means any lot other than a corner lot or through lot.
74)
Lot, Reverse Corner means a corner lot, the flanking street lot line of which is a
continuation of the front lot line of the first lot to its rear.
75)
Lot, Through means a lot having a pair of opposite lot lines along two streets. On
a through lot, both street lines shall be deemed front lot lines.
76)
Lot Line, Front means the property line a lot abutting public roadway other than
a lane. In the case of a corner lot, the front lot line is the shorter of the lot lines
abutting a public roadway.
PART II
DEFINITIONS
44
77)
Lot Line, Rear means either the lot line which is furthest from and opposite the
front lot line, or, where there is no such lot line, the point of intersection of
any side lot lines which is furthest from and opposite the front lot line.
78)
Lot Line, Side means the property line of a lot other than a front lot line or rear
lot line.
79)
Manufactured Home Dwelling means a factory built dwelling unit certified prior
to the placement on the lot as having been built as a modular home in
accordance with Canadian Standards Association (CSA) building regulations,
being placed on a permanent foundation, having its chassis or frame
permanently removed, and arriving at the lot ready for occupancy apart from
incidental operations and connections.
80)
Manure Storage Facility means a structure, earthen storage facility, molehill,
tank or other facility for storing manure or where it is stored, and includes any
permanent equipment or structures in or by which manure is moved to or from
the storage facility, but does not include:
PART II
DEFINITIONS
Street
45
a)
a field storage site;
b)
a vehicle or other mobile equipment used to transport or dispose of
manure;
c)
a gutter or concrete storage pit used to store liquid or semi-solid
manure for less than thirty days;
d)
a collection basin; or
e)
a composting site for manure or mortalities.
81)
Mobile Home Park means a parcel or land under one ownership upon which
mobile home spaces are provided for rent or lease and have been approved by
Planning District Board.
82)
Mobile Home Site means a site in a mobile home subdivision that may be
purchased for the placement of a mobile home.
83)
Mobile Home Subdivision means a parcel of land subdivided into mobile home
sites that may be sold for the placement of mobile homes.
84)
Mobile Home means a dwelling unit designed for transportation after
fabrication, whether on its own wheels or on a flatbed or other trailer, and
which arrives at the site where it is to be occupied as a dwelling complete and
ready for occupancy, being on the site on wheels, jacks or similar supports, or
on a permanent foundation, and having been built in accordance with all CSA
regulations and The Buildings and Mobile Homes Act. For the purpose of this
By-law, the removal of the wheels or permanent or semi-permanent
attachment of a foundation to a Mobile Home Dwelling shall not change the
classification.
85)
Model (Show) Home means a dwelling which is not occupied for human
habitation but is used for the purpose of display to the public and where a portion
of this dwelling may be used as a sales office for the dwelling units to be
constructed on lots within a plan of subdivision.
86)
Modular Home Dwelling means a building assembly or system of building sub-
assemblies manufactured in its entirety, or in substantial part, off-site and
transported to the point of use for installation on-site, with or without other
specified components, as a finished building or as part of a finished building
in accordance with CSA building regulations. Modular homes need not have
electrical, plumbing, heating, ventilation, insulation or other service systems,
but when such systems are installed at the off-site manufacture or assembly
point, they shall be deemed a part of such building or system of building
assemblies. Modular homes do not include open frame construction which
can be completely inspected on-site.
PART II
DEFINITIONS
46
87)
Molehill means a manure storage facility for manure in which manure is
mechanically forced through a pipe and becomes mounded.
88)
Motor Home means a certified and licensed vehicular structure, as defined
in The Highway Traffic Act that is used as temporary accommodation for
recreational purposes and being independent of Municipal sewer, water
and electrical services.
89)
Municipal Engineer means the Municipal Engineer as appointed by the RM of
Cartier.
90)
Municipality means the Municipal Corporation of the RM of Cartier.
91)
Non-Habitable Room means a space in a dwelling unit providing a service function
and not intended primarily for human occupancy, including bathrooms,
entryways, corridors, or storage areas.
92)
Nuisance means anything that interferes with the use or enjoyment of
property, endangers personal health or safety, or is offensive to the
senses.
93)
Offensive or objectionable means, when used with reference to signage, lighting
or a development, a use which by its nature, or from the manner
of carrying on the same, creates or is liable to create by reason of noise;
vibration; smoke; dust or other particulate matter; odour; toxic or nontoxic
matter; radiation hazards; fire or explosive hazards; heat; glare; unsightly
storage of goods, materials, salvage, junk, waste or other materials, a
condition which in the opinion of the respective member municipal Council
may be or become hazardous or injurious with regards to health or safety,
or which adversely affects the amenities of the neighbourhood, or
interferes with or may interfere with the normal peaceful enjoyment of
any land, building or structure.
94)
Off-Road Vehicle means any wheeled or tracked motor vehicle designed
or adapted for cross-country travel on land, water, ice, snow, marsh or
swamp land or other natural terrain, and includes motorcycles, all-terrain
vehicles, mini-bikes, dirt-bikes and trail-bikes, dune or sport buggies,
snowmobiles, and amphibious vehicles.
95)
Oriel Windows means a type of bay or bow window that projects out from an
upper storey of a dwelling unit.
96)
Outdoor Storage means the storage of merchandise, goods, inventory,
materials or equipment or other items that are not intended for
immediate sale, by locating them outside.
PART II
DEFINITIONS
47
97)
Owner means a person who is owner of a freehold estate in the
Municipality and includes a person who is an owner jointly with another person,
and a person who is registered under The Condominium Act as the owner, as
defined in that Act, of a unit under that Act.
98)
Parcel of Land means the aggregate of all land described in any manner in
the certificate of title.
99)
Party Wall means a wall forming part of a building and used for separation
of adjoining buildings occupied, constructed or adapted to be occupied by
different persons or businesses.
100)
Passenger Vehicles means a motor vehicle that is designed, constructed or
adapted for the principal purpose of transporting passengers, but excludes off-
road, motor home, trailer, travel trailer and truck vehicles.
101)
Peat Moss means a mass of partially carbonized plant tissue ranging in
consistency from a turf to a slime that is commonly used as a fertilizer,
stable litter or fuel or for making charcoal.
102)
Performance Standard means a standard to control noise, odour, smoke,
toxic or noxious matter, vibration, fire and explosive hazards or glare or
heat generated by, or inherent in, uses of land or buildings.
103)
Pollution means the presence of foreign substances that adversely affect the
natural constituents of the air, water or soil.
104)
Principal (Main) Building means any building on a site that contains
permitted principal uses, as opposed to:
a)
buildings that contain only accessory or incidental uses; and
b)
buildings that contain only storage or operational functions in support of
principal uses located in other buildings.
105)
Private Lagoon means that lagoon established for the sole use of private
residences or institution
106)
Private Pool means an artificially constructed basin, lined with concrete,
fibreglass, vinyl or like material, that is capable of containing a water depth
greater 60.00 cm. (24.00 in.) and that is located on the property of a single family
dwelling.
107) Ready-To-Move Dwelling means a method of constructing a dwelling unit
whereby all of its component parts have been assembled in an off-site
manufacturing facility and transported to a site where it is anchored to a
permanent foundation.
PART II
DEFINITIONS
48
108)
Repair means the renewal or reconstruction of any part of an existing structure
for the purpose of its maintenance or restoration.
109)
Secondary Plan means a plan adopted by by-law in accordance with the Act
to guide development or redevelopment in a defined area within the
municipality or planning district.
110)
Separation Distance means a distance to be maintained between two uses,
measured from the nearest points of any structure or areas upon which the uses
are located.
111)
Separation Space means open space around dwellings separating them
from adjacent buildings or activities, and providing daylight, ventilation,
and privacy.
112)
Setback means the distance that a development or a specified portion of it must
be set back from a lot line.
113)
Shared Access Location which is the portion of vehicular access from a public
municipal, provincial or federal roadway to a private property line. This access
point may serve two or more properties. (Reference amendment by-law 1709-23)
114)
Shared (joint) Driveway which is a private-owned driveway, laneway that
provides access between one or more properties and shall require legal
easement, right-of-way or other agreements registered on titles for use by all
parties affected. (Reference amendment by-law 1709-23)
115)
Site means an area of land consisting of one or more abutting lots.
116)
Site Coverage means the combined area of all buildings or structures on the
site as a percentage of the site area, measured at the level of the lowest
storey above the grade, including all enclosed and insulated decks,
sunrooms, porches and verandas, but excluding seasonal non-insulated
structures open or covered, such as decks, screened porches or verandas,
patios at grade, steps, uncovered walks, wheelchair ramps, cornices, eaves
and similar projections.
117)
Site Depth means the average horizontal distance between the front and rear lot
lines of the site.
PART II
DEFINITIONS
PART II
DEFINITIONS
49
118)
Site Plan means a map or series of maps drawn to scale showing some or
all of the following information: proposed and existing buildings,
structures, alterations and additions, roads, walkways, landscaping,
parking areas, stacking spaces, loading spaces, vegetation, buffer strips,
elevations, areas to be raised by fill, grade level, physical features of the
site and other relevant information as may be required by the Designated
Officer or the respective member municipal Council for any proposed
development.
119)
Site Width means the horizontal distance between the side lot lines of a
site, measured at right angles to the site depth at a point midway between
the front and rear lot lines, or at 15.24 m. (50.00 ft.) from the front lot line,
and the lesser of these distances is the site width.
120)
Sleeping Unit means a habitable room, or a group of two or more habitable
rooms, not equipped with self-contained cooking facilities, providing
accommodation for not more than two persons.
121)
Slurry Tank Storage Facility means an above ground tank for the storage of
livestock liquid manure that may be constructed from pre-cast concrete
panels, reinforced cast-in-place concrete, glass lined steel panels or spiral
wound coated steel.
STREET
PART II
DEFINITIONS
50
122)
Solar Collector means a panel or other solar energy device, the primary purpose
of which is to provide for the collection, inversion, storage and distribution of
solar for electricity generation, space heating, space cooling or water heating.
123)
Solar Power Structure means a device for which the primary purpose is to
transform solar radiant energy into thermal or electrical energy.
124)
Solid Manure means manure that contains more than 25.00 percent solid matter
and does not flow when piled.
125)
Special Event (carnival, circus, fair, concert or similar event) means a
transportable group or aggregation or combination of rides, shows,
performances, games, or concessions.
126)
Stacking Space means an on-site queuing area for a passenger vehicle that is
separated from other vehicular traffic and pedestrian circulation by barriers,
markings or signs.
127)
Storey means that portion of a building which is situated between the top of
any floor and the top of the floor next above it. If there is no floor above, the
storey is the portion of the building which is situated between the top of any
floor and the ceiling above it. If the top of the floor directly above a basement
is more than 1.83 m. (6.00 ft.) above grade, such basement shall be considered
a storey for the purpose of this By-law.
128)
Storey, Half means a storey under a gable, hip, or gambrel roof, the wall plates of
which, on at least two opposite walls, are not more than 0.66 m. (2.17 ft.) above
the floor of such storey.
129)
Street means a public roadway having a right-of-way at least 10.06 m. (33.00 ft.)
in width that affords the principal means of access to abutting land.
130)
Structure means anything that is erected, built or constructed of parts joined
together or any such erection fixed to or supported by the soil or by any other
structure.
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 on the property of an agricultural
operation.
PART II
DEFINITIONS
51
132)
Temporary Buildings and Uses means an incidental use, building or
structure for which a development permit has been issued for a limited
time only.
133)
Traffic Generation means the volume of vehicular traffic generated over a
prescribed area within a prescribed time frame, which can be directly attributed
to a particular development or geographic area.
134)
Trailer means a vehicle designed for carrying chattels, and for being towed by a
motor vehicle.
135)
Travel Trailer means a certified and licensed portable vehicle designed for
carrying persons as temporary accommodation for recreational purposes that is
towed by a motor vehicle.
136)
Truck means a motor vehicle that is constructed or adapted to carry goods, wares,
merchandise, freight or commodities, but not passengers.
137)
Use means the purpose or activity for which a piece of land or its buildings are
designed, arranged, developed or intended, or for which it is occupied or
maintained.
138)
Variation Order means the altering of any of the regulations found in this By-law
in accordance with the Act.
139)
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.
140)
White Horse Plains Planning District Board means the White Horse Plains
Planning District Board as established under the Act.
141)
Yard means required open space that is unoccupied by any building or
structure and unobstructed from its lowest level to the sky, unless
otherwise permitted in this By-law.
142)
Yard, Front means a yard extending all the full length of the front lot line between
the side lot lines. All front yard regulations found in this By-law shall be measured
from the front lot line.
143)
Yard, Rear means a yard extending along the full length of the rear lot line from
the front yard to the rear yard.
PART II
DEFINITIONS
52
144) Yard, Side means a yard extending along the side lot line from the front yard to the
rear yard.
145) Zoning District means a Section contained in Part III of this By-law which regulates
the use and development of land as depicted on the Zoning District Map
comprising Part VI of this By-law.
14.2
Sign Definitions
Terms and works used in this By-law regarding the regulations of signs, unless the context
otherwise requires, are defined as follows:
1)
Abandoned Sign means any sign which no longer correctly identifies a
business or the products and services offered on the site where the sign
is located, or any sign which is not in a readable state.
2)
Animated Sign means any sign or portion of a sign having moving parts or
electronically controlled colour changes which depict action or give motion
to the sign.
3)
Awning Sign means a non-illuminated sign painted or stencilled on the
fabric surface of a shelter supported entirely from the exterior wall of
a building and designed to be collapsible, retractable or capable of
being folded against the wall or supporting building.
PART II
DEFINITIONS
c
Street
b
a
c
a
b Rear Yard
c Side Yard
53
4)
Business Identification Sign means a sign identifying the name, dealer,
franchise, association, primary function, product or service of the
commercial activity conducted on the premises, and may include local
advertising and changeable copy.
5)
Canopy Sign means a sign attached to, or forming part of, a permanent
building projecting or fixed structural framework which extends outward
from the exterior wall of a building and which may be roofed over or covered
to provide protection over the entrance to a building.
6)
Copy means the letters, graphics or characters which make up the
message on sign face.
7)
Copy Area means the total area within one or more rectangles which
enclose the entire limits of the copy.
8)
Directional Sign means on-premises or off-site signs providing direction to
pedestrian or vehicular traffic without advertising copy, except a business
logogram.
9)
Electric Sign means any sign containing electrical wiring or lights built into
the sign face which are intended for connection to an electrical energy
source.
PART II
DEFINITIONS
Sandwich or
Folding Sign
BILLBOARD
54
10)
Fascia Sign means any sign painted on or attached to an exterior
building wall so that the sign does not extend more than 40.00 cm.
(15.75 in.) out from the wall or beyond the horizontal limits of the wall.
11)
Free Standing Sign means any sign supported independently of a building and
permanently fixed to the ground.
12)
General Advertising Sign means a sign which directs attention to a
business, activity, product, service or entertainment which cannot be
considered as the principal products sold nor a principal business,
activity, entertainment, or service provided on the premises where the
sign is displayed, and general advertising has a similar meaning.
13)
Height (sign) means the vertical distance measured from the finished
ground surface directly under the sign to the highest point of the sign.
14)
Identification Sign means a sign which contains only the name and
address of a building, institution or person and the activity carried on in
the building or institution, but does not include any other advertising
copy.
15)
Illuminated Sign means any sign having only steady illumination of
the same intensity by artificial means, either from lighting directed
on the sign face or from a light source located within the sign which
is transmitted through a transparent or translucent sign face.
16)
Mural Sign means a non-illuminated sign painted on the exterior wall of a
building which enhances the visual appearance of the building and does not
include business identification or general advertising.
PART II
DEFINITIONS
S I G N
S T A N
D I N G
FR E E
ING - PROJECTING -
PROJECT
S
I
G
N
ING - PROJECTING -
F a c i a l
W a l l
ROOF SIGN
SIGN
55
17)
Official Sign means a sign required by, or erected pursuant to, the
provisions of Federal, Provincial or Municipal legislation.
18)
Portable (or Mobile) Sign means a sign greater than 0.50sm (5.38sf) in
area that is mounted on a stand or other support structure other than a
stationary trailer and is designed in such a manner than the sign can
readily be relocated to provide advertising at another location or
readily taken on and off a site, and may include copy that can be
changed manually through the use of attachable characters, message
panels or other means.
19)
Projecting Sign means any sign, except a canopy sign, which is supported by
an exterior building wall and projects outward from the building wall by more
than 40.00 cm. (15.75 in.).
20)
Reader Board Sign means a sign or a component of a sign on which the
copy can be changed by either manual or electronic means.
21)
Real Estate Sign means a sign displaying real estate copy for the purpose of
buying or selling real estate.
22)
Roof Sign means any sign erected upon, against, or above a roof, or on top
of or above, the parapet of a building.
23)
Sign means any visual medium, including its structure and other
component parts, illuminated or not illuminated, which is used or
capable of being used, on a permanent or temporary basis, to identify or
convey information, or to advertise or attract attention to a product,
service, place, activity, person, institution or business. Without limiting
the generality of the foregoing, signs shall include banners, placards,
and painted messages.
24)
Sign Alteration means any modification of a sign or supporting structure,
excluding the routine maintenance or repainting of a sign or changing the
copy on signs specifically designed for this purpose.
25)
Sign Area means the entire area of the sign on which copy is intended to be
placed. In the case of double-faced or multi-faced sign, only half of the area of
each face of the sign used to display advertising copy shall be used in
calculating the total sign area.
PART II
DEFINITIONS
56
26)
Sign Structure means any structure which supports a sign, including
materials used to conceal or improve the visual appearance of the
structural parts.
27)
Temporary Sign means a sign which is not permanently anchored to a
footing extending below grade or permanently affixed to, or painted on,
a building and on which the copy has been painted or affixed in a
permanent manner. The copy on the sign shall relate to an activity, use
or event of limited time duration not exceeding six months. Temporary
signs include such signs as political campaign signs, real estate signs,
construction identification signs, signs identifying seasonal businesses,
signs advertising specific community events, and signs providing
temporary identification for developments awaiting installation of a
permanent sign. For the purpose of this By-law, temporary signs shall
include sandwich and folding signs but not portable signs.
28)
Warning Sign means an on-premises sign providing a warning to the public,
including such signs as No Trespassing or Private Driveway signs.
14.3 Use Class Definitions
A Use Class groups a series of individual land Uses with common functional or
physical impact characteristics. The Use Classes of this Section are used to define
the range of uses which are permitted or conditional within the various Zoning
Districts of this By-law. The typical uses which may be listed in the definitions are
not intended to be exclusive or restrictive. Reference should be made to the
definition of the Use Class in determining whether or not a use is included within
a particular Use Class.
Where a specific use does not conform to the wording of any Use definition or
generally conforms to the wording of two or more use definitions in different Use
Classes, the Designated Officer may deem that the use conforms to and is
included in that Use Class which he/she considers to be the most appropriate in
character and purpose. In such a case, this use shall be considered a conditional
use, whether or not the Use is listed as either a permitted use or conditional use
within the applicable Zoning District.
14.3.1 Agricultural Use Class
1)
Abattoir means a building, structure, or part thereof, used for the
slaughtering of animals and related activities.
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2)
Agri-Business means a commercial establishment that provides goods
or services to the agricultural sector. Typical uses include farm
equipment and machinery repair shops, bulk fuel stations, feed and
fertilizer supply operations, livestock auction marts and commercial
seed cleaning plants.
3)
Agricultural Activities means a use of land for agricultural purposes.
Typical uses include farming, pasturage, agriculture, apiculture,
aquaculture, floriculture and horticulture. This Use does not include
Livestock Operations or Natural Resource Developments.
4)
Agricultural Crop Protection Warehouse means a facility used to
store, blend and/or distribute chemicals used for crop protection
and production. Products can include herbicides, insecticides,
fungicides, rodenticide, and fertilizers. This Use does not include
Anhydrous Ammonia Facilities.
5)
Agricultural Implement Sales and Service means a building and open
space area used for display, sale and rental of new or used farm
implements that includes repair work.
6)
Agricultural Product Storage means the temporary storage of any
agricultural product for future use, delivery or processing as per The
Environment Act.
7)
Agriculture Support Industry means an industry, commercial service or
retail business in which the major product or service being bought,
sold or processed is intended mainly for, from or by farmers. Typical
uses include aerial spraying companies, grain storage including grain
elevators, feed mills and seed plants. This Use does not include Bulk
Storage Facilities or Anhydrous Ammonia Facilities.
8)
Anhydrous Ammonia Facility means an area used for the storage of
anhydrous ammonia that is commonly used as a fertilizer.
9)
Communal Farm Dwelling means a residence in connection with a
farm operation carried out on the same or an adjacent parcel by a
religious colony or other association by or on behalf of the occupants
of the residence, and includes all associated cooking, eating, living,
sleeping and sanitary facilities.
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10)
Composting means a designed and managed system to facilitate the process
of aerobic decomposition of organic matter by biological action.
11)
Equestrian Establishment means a facility engaged in the training of
horses or the operation of a horse-riding academy or horse riding
stables.
12)
Farm Produce Outlet means a building or structure where farm produce is
sold in season.
13)
Farmstead Dwelling means any dwelling unit which is accessory to a farm
operation and is on a parcel of land that includes associated agricultural
buildings.
14)
Game Farm means a development where elk or similar wild animals are held
in captivity, pursuant to The Livestock Industry Diversification Act.
15)
General Industrial and Business Farm Diversification Operations means any
manufacturing, processing, service, storage, wholesale, retail sales, and
distribution use for an active farming operation that is diversifying their on-
farm economic activity.
16)
Livestock Operation means a permanent or semi-permanent facility or
non-grazing area where livestock producing at least 10.00 Animal
Units of livestock are kept or raised either indoors or outdoors, and
includes all associated manure collection facilities, but does not
include an auction mart.
17)
Non-Commercial Farm means a development for small scale, non-
commercial agricultural pursuits ancillary to rural residential uses.
This use shall be developed so as not unduly interfere with the
general enjoyment of adjacent property. Animals shall be kept for the
use or enjoyment of the householder only.
18)
Not For Profit Agricultural Operation means agricultural activities and
facilities which are maintained and developed by institutions and/or
societies as part of their charitable activities. This Use Class includes a
limited number of livestock that are regulated through a conditional
use order.
19)
Secondary Farm Dwelling means a Single Family Dwelling on a farm unit of
the farm owner for an immediate family member engaged in full-time
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employment on the farm, a full-time employee of the farm or living
quarters for seasonal help.
20)
Specialized Agriculture means the use of land for apiculture, floriculture,
horticulture including market gardening, orchards and tree farming, and
similar agricultural activities on a commercial basis.
21)
Vacation Farm Operation means an accessory development to a farm
operation that provides temporary accommodations with or without
meals to members of the travelling public for remuneration.
14.3.2 Commercial Use Class
1)
Aircraft Landing Field means any area of land or water that is used or
intended for a use for the landing or taking off of aircraft and any
appurtenant areas which are used or intended for use for airport
buildings or other airport facilities, including taxiways, aircraft storage
and hangars.
2)
Airport and Associated Facilities means land or water which is used or
intended for the landing or take-off of aircraft and any associated areas
which are used or intended for use for airport buildings or other airport
facilities or right-of-ways including taxi-ways, aircraft storage and
hangers.
3)
Amusement Establishment means a facility within any building, room or
area having table games or electronic games played by patrons for
entertainment. This Use includes arcades but does not include Carnivals
or Indoor Participant Recreation Services.
4)
Animal Shelter and Veterinary Service means a development used for
the care and treatment of animals where the veterinary services
primarily involve outpatient care and minor medical procedures. This
Use includes pet clinics and veterinary offices.
5)
Auctioneering Establishment means a development specifically intended for
the auctioning of goods and equipment, including temporary storage of such
goods and equipment.
6)
Autobody Repair and Paint Shop means a development used for the repair,
reconstruction, alteration and/or painting of vehicles, but shall
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not include any of the uses permitted in conjunction with a Service
Station or Gas Bar.
7)
Automotive and Equipment Repair Shop means a development used for
the servicing and mechanical repair of automobiles, motorcycles,
snowmobiles and similar vehicles or the sale, installation or servicing of
related accessories and parts. This Use includes transmission shops,
muffler shops, tire shops, automotive glass shops, and upholstery
shops, but does not include body repair and paint shops.
8)
Automotive and Recreational Vehicle Sales means the retail sale or rental of
new or used automobiles, motorcycles, snowmobiles, tent trailers, utility
trailers, boats, travel trailers or similar light recreational vehicles or crafts,
together with incidental maintenance services and sale of parts. This Use
includes automobile dealerships, car rental agencies and motorcycle
dealerships.
9)
Broadcasting and Motion Picture Studio means a development used for the
production or broadcasting of audio and visual programming typically
associated with radio, television and motion picture studios.
10)
Building Material Sales means a development used for the wholesale or retail
sale of goods related to the construction of buildings.
11)
Business Support Service means a development used to provide
support services to businesses which are characterized by one or more
of the following features: the use of minor mechanical equipment for
printing, duplicating, binding or photographic processing, the provision
of office maintenance or custodial services, the provision of office
security, and the sale, rental, repair or servicing of office equipment,
furniture and machines. Typical uses include printing establishments,
film processing establishments, janitorial firms and office equipment
sales and repair establishments.
12)
Cannabis Store means the premises specified in a retail cannabis license
where the local sale of cannabis is authorized in accordance with the Safe
and Responsible Retailing of Cannabis Act.
13)
Car Broker means a development used for the retail purchase and sale of
used passenger vehicles from a single detached dwelling unit. The Use
does not include Automotive and Equipment Repair Shops, Automotive
and Recreational Vehicle Sales and/or Convenience Vehicle Rentals.
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14)
Carnival means a temporary use of land, buildings or structures for the
purpose of providing or locating facilities for commercial entertainment and
participatory amusement activities, including games and rides, and includes
circuses and midways.
15)
Commercial Resort means a commercial recreation establishment which may
consist of one or more buildings containing single or multiple family dwelling
units, recreational facilities and service facilities which are used on an
intermittent and seasonal basis. Other facilities which may be part of the
resort development includes: a camping and tenting ground, a hotel, a retail
store, an eating and drinking establishment, a marina, a golf course and other
outdoor recreation game courts, areas and trails.
16)
Commercial School means a development used for training and
instruction in a specific trade, skill or service for the financial gain of the
individual or company owning the school. Typical uses include secretarial,
business, hairdressing, beauty culture, dancing or music schools.
17)
Contractor Service, General means a development used for the provision of
building construction, landscaping, concrete, electrical, excavation, drilling,
heating, plumbing, paving, road construction, sewer or similar services of a
construction nature which require on-site storage space for materials,
construction equipment or vehicles normally associated with the
contractor service. Any sales, display, office or technical support service
areas shall be accessory to the principal Contractor Services Use only.
18)
Contractor Service, Limited means a development used for the provision of
electrical, plumbing, heating, painting and similar contractor services
primarily to individual households and the accessory sale of goods normally
associated with the contractor services where all materials are kept within
an enclosed building; there are no accessory manufacturing activities, and no
more than two service vehicles.
19)
Contractor's Yard means a development used by a construction company or
contractor as a depot for the storage and maintenance of equipment used by
the company or contractor, but does not include the wholesale or retail sale
of construction materials or supplies, home improvement supplies, or use by
electrical, plumbing, heating, painting and similar contractor services.
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20)
Convenience Vehicle Rentals means a development used for the rental of
new or used automobiles, light trucks and utility trailers. This Use includes
those establishments which are not strictly office in nature, but include, as
an integral part of the operation, minor vehicle servicing, storing, fueling
or car washing facilities.
21)
Custom Manufacturing Establishment means a development used for
small-scale on-site production of goods.
22)
Drive-In Food Service means a development used for eating and drinking
which offer a limited menu produced in a manner that allows rapid
customer service and include one or more of the following features: car
attendant services; drive-through food pickup services; or parking primarily
intended for the on-site consumption of food within a motor vehicle.
23)
Eating and Drinking Establishment means the sale to the public of prepared
foods, for consumption within the premises or off the site. This includes
licensed drinking establishments, restaurants, cafes, delicatessens, tearooms,
banquet catering, lunchrooms, and take-out restaurants. This Use does not
include drive-in food services which provide services to customers who
remain in their vehicles, refreshment stands, take-out windows where service
is provided to customers on the outside, or mobile catering food services.
24)
Equipment Rentals and Sales means a development used for the rental or
sale of tools, appliances, recreation craft, office machines, furniture, light
construction equipment, or similar items.
25)
Fleet Service means a development using a fleet of vehicles for the
delivery of people, goods or services, where such vehicles are not
available for sale or long-term lease. This Use includes ambulance
services, taxi services, bus line, messenger and courier services.
26)
Funeral Service means a development used for the preparation of the dead
for burial or cremation, and the holding of funeral services. This Use includes
funeral homes, undertaking establishments and includes cremation and
interment services.
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27)
Gas Bar means a development used for the retail sale of gasoline, other
petroleum products, and incidental auto accessories. This Use does not
include Service Stations.
28)
Greenhouse, Plant and Tree Nursery means a development used
primarily for the raising, storage and sale of bedding, household and
ornamental plants.
29)
Health Service means a development used for the provision of physical
and mental health services on an outpatient basis. Services may be of a
preventive, diagnostic, treatment, therapeutic, rehabilitative or
counselling nature. Typical uses include medical and dental offices,
health clinics and counselling services.
30)
Hotel means a development used for the provision of rooms or suites
for temporary sleeping accommodation where the rooms have access
from a common interior corridor and are not equipped with individual
kitchen facilities. Hotels may include accessory Eating and Drinking
Establishments, meeting rooms and Personal Services Shops.
31)
Household Repair Service means a development used for the provision
of repair services to goods, equipment and appliances normally found
within a dwelling unit. This Use includes radio, television and appliance
repair shops, furniture refinishing and upholstery shops.
32)
Mini-Warehouse and Self-Storage means an enclosed facility that
provides storage space to the general public on a for-hire basis.
Mini-warehouses and self-storage areas also include vehicle storage
for recreational vehicles, boats and other vehicles. No other business
or service may be allowed to operate out of a rented storage space.
33)
Mobile Catering Food Service means a development using a fleet of
vehicles for the delivery and sale of food to the public.
34)
Motel means a development used for the provision of rooms or suites for
temporary lodging or light housekeeping, where each room or suite has its
own exterior access. Motels may include accessory Eating and Drinking
Establishments and Personal Service Shops.
35)
Non-Accessory Parking means a development providing vehicular
parking which is not primarily intended for the use of residents,
employees or clients of a particular development. Typical uses
include
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64
surface parking lots and parking structures located above or below
grade.
36)
Outdoor Amusement Establishment means a permanent development
providing facilities for entertainment and amusement activities which
primarily take place out-of-doors and where patrons are primarily
participants. Typical uses include amusement parks, go-cart tracks and
miniature golf establishments.
37)
Personal Service Shop means a development used for the provision of
personal services to an individual which are related to the care and
appearance of the body, or the cleaning and repair of personal
effects. This Use includes barbershops, hairdressers, beauty salons,
tailors, dressmakers, shoe repair shops, dry cleaning establishments
and laundromats.
38)
Pet Cemetery means a development of a parcel of land for the burial of
household pets as determined by the Designated Officer.
39)
Pet Grooming means a development used for grooming and enhancing of
the appearance of domestic animals including cats and dogs. This also
includes the sale of pet grooming products and supplies.
40)
Private Club means a development used for the meeting, social or
recreational activities of members of a non-profit philanthropic, social
service, athletic, business or fraternal organization, without on-site
residences. Private Clubs may include rooms for eating, drinking and
assembly.
41)
Professional, Financial and Office Support Service means a development
primarily used for the provision of professional, management,
administrative, consulting, and financial services. Typical uses include
the offices of lawyers, accountants, engineers, and architects; offices
for real estate and insurance firms; clerical, secretarial, employment,
telephone answering, and similar office support services; and banks,
credit unions, loan offices and similar financial uses.
42)
Rapid Drive-Through Vehicle Service means a development providing
rapid cleaning, lubrication, maintenance or repair services to motor
vehicles, where the customer typically remains within his vehicle or
waits on the premises. Typical uses include automatic or coin operated
car washes, rapid lubrication shops, or specialty repair establishments.
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43)
Recycling Depot means a development used for the buying and
temporary storage of bottles, cans, newspapers and similar
household goods for reuse where all storage is contained within an
enclosed building. This does not include auto wreckers.
44)
Research & Development Institution/Center mean an establishment or
facility engaged in scientific research, product design, development and
testing, and limited manufacturing necessary for production of prototypes
or production systems. (reference amendment by-law 1709-23)
45)
Retail Store, Convenience means a development used for the retail
sale of those goods required by area residents or employees on a day-
to-day basis, from business premises which do not exceed 278.70sm
(3,000.0 sf) in gross floor area. Typical uses include small food stores,
drug stores, and variety stores, selling confectionary, tobacco,
groceries, beverages, pharmaceutical and personal care items,
hardware or printed matter.
46)
Retail Store, General means a development used for the retail sale of
groceries, beverages, household goods, furniture and appliances,
hardware, printed matter, confectionary, tobacco, pharmaceutical and
personal care items, automotive parts and accessories, office
equipment, stationary and similar goods from within an enclosed
building. Minor public services, such as postal services and film
processing depots are permitted within general retail stores. This Use
includes Convenience Retail Stores but does not include developments
used for the sale of gasoline, heavy agricultural or industrial
equipment, pawn shops, massage parlours, adult entertainment
establishments or adult video rental or sales stores.
47)
Service Station means the servicing, washing and repairing of vehicles;
and the sale of gasoline, other petroleum products and a limited range
of vehicle parts and accessories. Service Stations may include Eating and
Drinking Establishments. Typical uses include truck stops and highway
service stations.
48)
Sign, Advertising means a sign or a billboard directing attention to a
business, commodity, service, thing, message, or entertainment
conducted, sold, or offered elsewhere than on the same zoning lot on
which that sign is located.
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49)
Small Animal Breeding and Boarding Establishment means a
development used for the breeding, boarding or training of small
animals normally considered as household pets. Typical uses are
kennels and pet boarding establishments.
50)
Spectator Entertainment Establishment means a development
providing facilities within an enclosed building specifically intended for
live theatrical, musical or dance performances; or the showing of
motion pictures. Typical uses include auditoria, cinemas, and theatres.
51)
Storage, General means a development used exclusively for the indoor or
outdoor storage of goods, materials and merchandise.
52)
Storage, Temporary means a development used exclusively for
temporary indoor or outdoor storage of goods, materials and
merchandise. This Use does not include vehicle storage
compounds, automobile wrecking yards, salvage yards, scrap metal
yards, or the storage of hazardous goods or waste.
53)
Tourist Campsite means a development of land which has been planned
and improved for the seasonal short-term use of motor homes, tents,
campers and similar recreational vehicles and is not used as year round
storage, or accommodation for residential use. Typical uses include
recreational vehicle parks, campsites and tenting grounds.
54)
Truck and Mobile Home Sales and/or Rentals means a development used for
the sale or rental of new or used trucks, motorhomes, mobile homes, and
automobiles, together with incidental maintenance services and the sale of
parts and accessories. Typical uses include truck dealerships, recreation
vehicle sales and mobile home dealerships.
55)
Trucking Operation means the use of land, buildings or structures for the
purpose of storing, repairing, servicing or loading trucks, transportation
trailers and/or buses.
56)
Truck Stop means a development located on a major transportation
route designed to service both the trucking industry and the
general public that includes but is not limited to large vehicle
parking, automotive repair eating and drinking areas, gas bar, retail
sales, and service station as accessory uses, and may also include a
range of services to accommodate the trucking industry such as
bathroom, shower and rest facilities.
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57)
Warehouse Sales means a development used for the wholesale or retail
sale of bulky goods primarily within an enclosed building with limited
outdoor storage where the size and nature of the principal goods being
sold typically require large floor areas for direct display to the purchaser
or consumer. This use includes developments where principal goods being
sold are such bulky items as furniture, carpet, major appliances and building
materials.
14.3.3 Community Services Use Class
1)
Cemetery means a development of a parcel of land, primarily a
landscaped open space for the entombment of the deceased, and may
include the following accessory developments: crematories,
cinerarium, columbarium, and mausoleums. Typical uses include
memorial parks, burial grounds and gardens of remembrance.
2)
Child Care Service means a development licensed by the Province of
Manitoba to provide daytime personal care and education to children,
but does not include overnight accommodation. Typical uses include
day care centres, day nurseries, kindergartens, nursery schools and
play schools.
3)
Community Recreation Service means a development for recreational, social
or multiple purpose use without fixed seats and primarily intended for local
community purposes. Typical uses include community halls and community
centres.
4)
Community Service Club means a non-profit corporation chartered by
The Canada Corporation Act or The Manitoba Corporation Act, or an
association consisting of persons who are bona fide members paying
annual dues, which owns or leases land, a building, or a portion
thereof, the use of such premises being restricted primarily to
meeting, community and related activities.
5)
Extended Medical Treatment Service means a development providing
room, board, and surgical or other medical treatment for the sick,
injured or infirm including outpatient services and accessory staff
residences. Typical uses include hospitals, sanatoriums, nursing
homes, convalescent homes, and auxiliary hospitals.
6)
Government Service means a development providing Municipal,
Provincial or Federal government services directly to the public.
Typical uses include government offices, taxation offices,
courthouses, jails, postal distribution offices, manpower and
employment offices, and social service offices.
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7)
Indoor Participant Recreation Service means a development providing
facilities within an enclosed building for sports and active recreation where
patrons are predominately participants. Typical uses include athletic clubs;
health and fitness clubs; curling, roller-skating and hockey rinks; swimming
pools; rifle and pistol ranges; bowling alleys; paintball games; and racquet
clubs.
8)
Outdoor Participant Recreation Service means a development providing
facilities which are available at the public at large for sports and active
recreation conducted outdoors. Typical uses include golf courses, driving
range, ski hills, sports fields, outdoor tennis courts, unenclosed ice surfaces
or rinks, athletic fields, boating facilities, outdoor swimming pools, bowling
greens, paintball games, riding stables and fitness trails.
9)
Private Education Service means a development for instruction and
education that is not maintained at public expense and which may or may
not offer courses of study equivalent to those offered in a public school or
private instruction as a home occupation. This Use includes dormitory and
accessory buildings.
10)
Protective and Emergency Service means a development which is required
for the public protection of persons and property from injury, harm or
damage together with the incidental storage of emergency development
which is necessary for the local distribution of utility services. Typical uses
in this class include police stations, fire stations and ancillary training
facilities.
11)
Public Education Service means a development which is publicly supported
or subsidized involving public assembly for educational, training or
instructing purposes, and includes administration offices required for the
provision of such services on the same site. This Use includes public
schools, community colleges, and technical and vocational schools, and
associated administrative offices.
12)
Public Library and Cultural Exhibit means a development for the collection
of literary, artistic, musical and similar reference materials in the form of
books, manuscripts, recordings and films for public use; or a development
for the collection, preservation and public exhibition of works or objects of
historical, scientific or artistic value. Typical uses include libraries,
museums and art galleries.
13)
Public Park means a development of public land specifically designed
or reserved for the general public for active or passive recreational
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14)
use and includes all natural and human-made landscaping, facilities,
playing fields, buildings and other structures that are consistent with
the general purposes of public parkland, whether or not such
recreational facilities are publicly operated or operated by other
organizations pursuant to arrangements with the public authority
owning the park. Typical uses include tot lots, band shells, picnic
grounds, pedestrian trails and paths, landscaped buffers, playgrounds,
water features, amphitheatres, and athletic fields.
15)
Public Utility Service means any system, works, plant, pipeline,
equipment or services and facilities available at approved rates to
the public and includes all such carried on by or for the owner of a
public utility or a Municipality or the Province of Manitoba. Typical
uses include sanitary landfill sites, sewage treatment plants, sewage
lagoons, water treatment plants, lift stations, garbage transfer and
compacting stations and waste recycling plants.
16)
Religious Assembly means a place of worship and related activities. Typical
uses include churches, chapels, mosques, temples, synagogues, parish
halls, convents and monasteries.
14.1.4 Industrial Use Class (re-number to 14.3.4 in future)
16) Bulk Storage Facility means a place for the outdoor storage or tank
storage of large quantities of raw materials or industrial related goods
such as liquids, fuels, gases, minerals, pipes, gravel, fertilizers, and grain.
This use does not include Anhydrous Ammonia Facilities.
17)
Cannabis Cultivation means the licensed growing of cannabis plants and
harvesting material from those plants, as well as associated activities.
18)
Cannabis Processing means the licensed manufacturing, packaging
and labelling of cannabis products destined for sale to consumers,
and the intra-industry sale of these products to provincially
authorized distributors, as well as associated activities.
19)
General Industrial means development used principally for one or more of
the following activities: the assembling of semi-finished or finished goods,
products or equipment; the cleaning, servicing, repairing or testing of
materials, goods and equipment normally associated with industrial or
commercial businesses; or cleaning, servicing and repair operations to goods
and equipment associated with personal or household use, where such
operations have impacts that would make them incompatible with adjacent
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land uses; the storage or transshipping of materials, goods and equipment;
and the distribution and sale of materials, goods and equipment to
institutions or industrial and commercial businesses.
20)
Industrial Mall means a building or group of buildings held in single
ownership or by participants in a condominium corporation or
cooperative, and divided into units for separate occupancy by different
industrial uses for which common loading and parking facilities and other
common services may or may not be provided.
21)
Industrial Vehicle and Equipment Sales and/or Rentals means a development
used for the sale, rental and repair of heavy vehicles, machinery or
mechanical equipment typically used in building, roadway, manufacturing,
assembly and processing operations and agricultural production.
22)
Light Industrial means processing and manufacturing uses, provided that
they do not create unusual fire, explosion or safety hazards, noise in excess
of average intensity of street and traffic noise in the area in question; they do
not emit smoke, dust, dirt, toxic or offensive odours or gas and there is no
production of heat or glare perceptible from any adjacent site. Typical uses
include automotive body repair and paint shops, commercial manufacturing,
craft brewing and distilling and research facilities.
23)
Portable Asphalt Plant means a temporary facility with equipment designed
to heat, dry and mix aggregate with asphalt to produce asphalt paving
material and includes stockpiling and storage of bulk materials used in the
process.
24)
Processing Use means a development used for the extraction,
treatment, preparation, packaging, transportation, handling and storage of
raw materials and other minerals. Typical uses include concrete batching
plants.
25)
Small Scale Industrial means light manufacturing, assembly or distribution
of ready-made products on a small scale. As a rule, industries in this
category are secondary to the agricultural operation, if
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71
not, they should not be of such a size that they create traffic problems or
impact negatively on the surrounding area.
26) Storage Compound means a development used exclusively for temporary
outdoor storage of goods and materials where such storage of goods
and materials does not involve the erection of permanent structures or
the material alteration of the existing state of the land. Typical uses
include vehicle storage compounds, automobile wrecking yards,
automobile recycling facilities and salvage yards.
27)
Telecommunications Tower means any structure that is designed and
constructed primarily for the purpose of supporting one or more
communication facilities, that is located on the ground or anchored to the
ground and exceeds 7.32 m. (24.00 ft.) in height.
28)
Transport Terminal means a development where commercial passenger
vehicles pick up and discharge fare-paying passengers or a development
used for the sale, rental, repair or storage of commercial vehicles.
29)
Wayside Pit and Quarry means a temporary pit or quarry opened and
used by a public road authority solely for the purpose of a project such
as a road construction contract that is not located on the road right-of-
way.
14.3.5 Natural Resource Development Use Class
1)
Forestry Use means the general raising and harvesting of wood and
without limiting the generality of the foregoing, shall include the raising
and cutting of wood, pulpwood, lumber and other forestry products.
2)
Mineral Exploration means the activity of searching for new mineral
deposits.
3)
Natural Resource Development means a development for the on-site
removal, extraction, and primary processing of raw material found on or
under the site, or accessible from the site. Typical uses in this class
include gravel pits, sandpits, and stripping of topsoil and peat moss. This
Use does not include the processing of raw materials transported to the
site.
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72
4)
Wildlife and Conservation Reserve means land that has been designated by
Provincial legislation for the protection and conservation of wildlife. This Use
includes Wildlife Management Areas.
5)
Wind Turbine Generating Station means a development on a leased or
owned site that is comprised of, but not limited to, one or more wind
turbine generator towers that convert wind energy to electrical energy
for private use or sale and may include research or meteorological
towers, collector grids, substations and other associated or compatible
accessory operations, including Agricultural Activities.
6)
Wind Turbine Personal Use means a small scale wind turbine generator
tower that converts wind energy to electrical energy for primarily private
use.
14.3.6 Residential Use Class
1)
Duplex means an attached or semi-detached building designed for and
used by not more than two families, each having exclusive occupancy of a
dwelling unit.
2)
Institutional Residence means a premise which is intended for the
training, treatment, rehabilitation, housing, care and/or supervision of
persons requiring medical assistance. This Use Class includes nursing
homes, personal care homes, residential care homes, attached housing
and rehabilitation homes.
3)
Mobile Home Dwelling means a dwelling unit designed for transportation
after fabrication, whether on its own wheels or on a flatbed or other
trailer, and which arrives at the site where it is to be occupied as a
dwelling complete and ready for occupancy, being on the site on wheels,
jacks or similar supports, or on a permanent foundation, and having
been built in accordance with all CSA regulations and The Buildings and
Mobile Homes Act. For the purpose of this By-law, the removal of the
wheels or permanent or semi-permanent attachment of a foundation to
a Mobile Home Dwelling shall not change the classification.
4)
Multiple Family Dwelling means a building containing three or more dwelling
units served by common corridors and entrance. Each dwelling unit shall be
designed for and used by one family.
PART II
DEFINITIONS
73
5)
Planned Unit Development (Residential) means an area of land used
primarily for residential purposes under single ownership or control
but including multiple residential units who share the use and financial
responsibility of common areas.
6)
Semi-Detached Dwelling means the whole of a building divided
vertically into two separate dwelling units, each of which has an
independent entrance.
7)
Single Attached Dwelling means one of a group of up to four Single
Family Dwellings that are attached, with each dwelling unit having an
independent entrance directly from the outside.
8)
Single Family Dwelling means a development consisting of a building
containing only one dwelling, which is separate from any other dwelling
or building. This Use Class includes a manufactured home dwelling, ready-
to-move dwelling and modular home dwelling, but not a Mobile Home
Dwelling.
9)
Townhouse Dwelling means a dwelling unit divided vertically into three or
more attached dwelling units by fire separations, each of which has an
independent entrance.
14.3.7 Residential-Related Use Class
1)
Bed and Breakfast Home means a principal dwelling where sleeping
accommodation with or without light meals is provided to members of the
travelling public for remuneration.
2)
Care Home means development consisting of a use of a building as a
facility which is recognized, authorized, licensed or certified by a public
authority as a social care facility intended to provide room and board for
foster children or disabled persons, or for persons with physical, mental,
social or behavioural problems, and which may be for the personal
rehabilitation of the residents either through self-help or professional
care, guidance and supervision.
3)
Farm Staff Housing means a residential dwelling used exclusively for the
purpose of housing farm staff on a seasonal basis.
PART II
DEFINITIONS
74
4)
Home Industry means an industry or profession carried out in a building
accessory to a dwelling as a secondary use generally in keeping with the
trade or calling of the occupant.
5)
Home Occupation means an occupation, trade, profession or craft carried
on, in or from a dwelling unit or its accessory building for consideration
and which is clearly incidental or accessory to the residential use of the
dwelling unit.
6)
Temporary Additional Mobile Home Dwelling means a residential
dwelling unit that is detached from and accessory to a single family
dwelling located on the same lot, and used for a temporary period for
the purpose of sheltering an elderly person of direct relation to the
family occupying the single family dwelling.
7)
Secondary Suite means a self-contained accessory dwelling unit located
either within a permanent single-family detached dwelling, or in an
accessory building, 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 use does not include two-
family housing, semi-detached housing, or apartment housing.
PART II
DEFINITIONS
75
PART III - ZONING DISTRICTS
76
PART III
ZONING DISTRICTS
15.0 Zoning Districts
15.1
Intent of Zoning Districts
The Zoning Districts established in this By-law are intended to provide sufficient
land for various types of land uses and developments in the RM of Cartier in
keeping with the provisions of the White Horse Plains Planning District
Development Plan. The Zoning Districts as outlined in the Zoning Districts Table
(Appendix A) are hereby established.
15.2
Permitted and Conditional Uses
1)
The Permitted and Conditional Uses Table (Appendix B) outlines uses that are
permitted or conditional in each Zoning District.
2)
All uses, whether listed as permitted or conditional, must meet the
relevant requirements as outlined in PART IV (Special Land Use
Regulations), Part V (General Development Regulations) and Appendix C
Bulk Regulations.
3)
Lido Plage Secondary Plan By-Law 1674-19; a Public Hearing shall be
treated in the same manner as a Conditional Use or Variation Order
Hearing shall be conducted per the Manitoba Planning Act. (reference
amendment by-law 1709-23)
15.3
Bulk Regulations for Zoning Districts
1)
The Bulk Regulations Table (Appendix C) outlines the bulk regulations for
each Zoning District.
15.4
Additional Regulations for Permitted and Conditional Uses
1)
All accessory uses, buildings and structures shall be developed in
accordance with any applicable RM of Cartier lot grading by-laws or
regulations.
2)
Maximum building area regulations shall not apply to Private and Semi-Private
Swimming Pools and Hot Tubs.
3)
Water supply and sewage disposal systems throughout the municipality
shall be in accordance with The Environment Act, The Public Health Act, The
Drinking Water Safety Act, and any relevant municipal regulations.
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PART III
ZONING DISTRICTS
4)
Any fuel storage areas established on any site shall comply with The Storage
and Handling of Petroleum and Allied Products Regulation 188/200.
5)
used oil products and other regulated hazardous wastes generated or stored on
any site shall be collected and disposed of in accordance with all applicable
Manitoba Conservation legislation.
6)
All buildings, structures and hedges within control areas adjacent to Provincial
Trunk Highways, Provincial Roads and Provincial Access Roads shall be setback in
accordance with The Highways Protection Act and The Highways and
Transportation Act.
7)
The construction of any drainage works shall be in accordance with all applicable
Provincial government legislation.
8)
All new buildings, dwellings, additions, or structural frames shall be
anchored to concrete foundations, piles, piers, footings, grade beams or
slabs as designed and stamped by an engineer registered in the Province
of Manitoba, unless exceptions are provided elsewhere in the By-law,
Manitoba Building Code or at the discretion of Designated Officer.
9)
Apairies
a)
No person shall establish an apiary on a site without first obtaining
a development permit from the Designated Employee or Officer;
b)
Hives are limited to a maximum of four (4) per site and must be:
i.
Set back at least 25 feet (7.62 metres) from any site line; and
ii.
Concealed behind a solid fence 6 feet (1.83 metres) in
height.
c)
All landowners keeping bees must ensure hives are properly
maintained. Bees must be re-queened if they swarm or show
aggressive behavior.
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PART III
ZONING DISTRICTS
15.5
Additional Regulations for the RS: Residential Single Family and RV: Residential
Single Family Zoning Districts
1)
Excluding reversed corner lots, where sites comprising 40.00 percent or
more of the entire frontage of the block are developed with buildings, the
average front yard calculation established by such buildings shall be the
front yard regulation for the block.
2)
Vacant residential lots shall not be used for general or temporary storage other
than one personal use leisure item of the owner. I.e.. Travel trailer, boat or utility
trailer.
3)
Shared (joint) driveways are not allowed. (reference amendment by-law 1709-23)
15.6 Additional Regulations for the RC: Residential Comprehensive Zoning District
1)
The separation space between buildings in the RC: Residential
Comprehensive Zoning District shall be provided as follows:
a)
a minimum depth of 6.71 m. (22.00 ft.) in the front of a principal
living room window or an on-site roadway, as depicted in the figure
below; and
b)
a minimum depth of 1.52 m. (5.00 ft.) in the side separation space as
determined by the Designated Officer, as depicted in the figure below.
c)
a minimum depth of 4.57 m. (15.00 ft.) in the rear separation space as
determined by the Designated Officer, as depicted in the figure below.
d)
The minimum separation space in front of any windows, entry or
similar opening shall be applied along the full length and height of the
exterior wall of the room in which the particular opening or window is
located.
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PART III
ZONING DISTRICTS
The minimum separation distance between two residential buildings shall
be double the separation space regulations as indicated in Sections
15.6.1(1) (a), 15.6.1(1) (b) and 15.6.1(1) (c) of this By-law.
3)
For developments that have more than ten dwelling units, the exteriors of
the dwelling units shall provide individuality and variety of building design in
terms of setbacks, entrances, elevations and finishing materials.
4)
In addition to other submission regulations of this By-law, the following
additional information shall be required:
a)
the location of use of each proposed or existing building or
structure;
b)
the location of all doors and windows and the type;
c)
the separation space between residential buildings;
d)
floor plans and elevations of all proposed buildings and structures;
e)
the total number of dwelling units and the gross floor area; and
f)
the location, type and height of all proposed walls, fences, and
landscaping.
5)
"RC" will only be allowed in Settlement Centre designated areas as per
Development Plan 1-2016. "RC" may be allowed within the Rural Centre of Lido
Plage upon adoption of a secondary plan for that area.
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PART III
ZONING DISTRICTS
15.7
Additional Regulations for the RM: Residential Multiple Family Zoning District
1)
Excluding reversed corner lots, where sites comprising 40.00 percent or
more of the entire frontage of the block are developed with buildings, the
average front yard calculation established by such buildings shall be the
front yard regulation for the block.
2)
A single-family dwelling shall be developed in accordance with the RS District
Requirements.
15.8
Additional Regulations for the RMH: Residential Mobile Home Zoning District
1)
In the case of Mobile Home Dwelling sites within a mobile home park
development:
a)
the minimum site area requirement shall be 371.60 sq. m.
(4,000.00 sq. ft.);
b)
the minimum site width requirement shall be. 12.19 m. (40.00 ft.);
and
c)
the separation spaces between Mobile Home Dwellings, including
accessory uses, buildings and structures, shall be the same as the yard
regulations.
15.9
Additional Regulations for the CC: Commercial Central Zoning District
1)
A minimum side yard of 3.05 m. (10.00 ft.) shall be required where a site
abuts the lot line of a site in the RS: Residential Single Family, RV:
Residential Single Family, RT: Residential Two-Family, RM: Residential
Multiple Family and RC: Residential Comprehensive Zoning Districts.
2)
No parking shall be permitted within the first 4.57 m. (15.00 ft.) of a
required front yard and no loading, storage, trash collection, outdoor
service or display area shall be permitted within a required side yard.
3)
Loading, storage and trash collection areas shall be located to the rear or
sides of the principal building and shall be screened from view from any
adjacent sites and public roadways in accordance with Section 17.14 of this
By-law.
4)
If the rear or side lot lines of a site abut a Residential or Residential-Related
Use Class development or a lane serving a Residential or Residential-
Related Use Class development and are used for parking, an outdoor
service or display area, or both, they shall be screened in accordance with
Section 17.14 of this By-law.
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PART III
ZONING DISTRICTS
5)
A dwelling unit is allowed only in conjunction with a permitted use or
conditional use development if:
a)
it is occupied by the owner/operator or a site watchperson or
caretaker, if necessary; or
b)
the said permitted use or conditional use is the primary ground
floor use.
6)
The siting and access for the following developments shall be to the
satisfaction of the Designated Officer who shall ensure that such
developments do not prejudice the safety and transportation function of
public roadways:
a)
Drive-In Food Service
b)
Eating and Drinking Establishment
c)
Rapid Drive-Through Vehicle Service
d)
General Retail Store
e)
Automated Teller Machines
15.10 Additional Regulations for the CH: Highway Commercial Zoning District
1)
A minimum yard of 15.24 m. (50.00 ft.) shall be required where a site abuts
the lot line of a site in an existing or future Residential Area as indicated
in the White Horse Plains Planning District Development Plan.
2)
No parking shall be permitted within the first 4.57 m. (15.00 ft.) of a
required front yard and no loading, storage, trash collection, outdoor
service or display area shall be permitted within a required side yard.
3)
Loading, storage and trash collection areas shall be located to the rear or
sides of the principal building and shall be screened from view from any
adjacent sites and public roadways in accordance with Section 17.14 of this
By-law.
4)
If the rear or side lot lines of a site abut a Residential or Residential-Related
Use Class development or a lane serving a Residential or Residential-
Related Use Class development and are used for parking, an outdoor
service or display area, or both, they shall be screened in accordance with
Section 17.14 of this By-law.
5)
All exposed building faces shall have consistent and harmonious exterior finishing
materials.
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PART III
ZONING DISTRICTS
6)
Buildings, structures and hedges adjacent to Provincial Trunk Highways,
Provincial Roads and Provincial Access Roads shall be setback in accordance with
The Highways Protection Act and The Highways and Transportation Act.
7)
A dwelling unit is allowed only in conjunction with a permitted use or
conditional use development if it is occupied by the owner/operator or a site
watchperson or caretaker, if necessary.
8)
The siting and access for the following Conditional Use developments shall be to
the satisfaction of the Designated Officer who shall ensure that such
developments do not prejudice the safety and transportation function of public
roadways:
a)
Drive-In Food Service,
b)
Eating and Drinking Establishment
c)
Rapid Drive-Through Vehicle Service
d)
General Retail Store
e) Automated Teller Machines
9)
A dwelling unit is allowed as a permitted use in conjunction with a Tourist
Campsite development if it is occupied by the owner/operator or a site
watchperson or caretaker, if necessary.
15.11 Additional Regulations for the MB: Industrial Business Zoning District
1)
Where a site abuts the lot line of an existing or future Residential Area as
indicated in the White Horse Plains Planning District Development Plan, a
7.62 m. (25.00 ft.) landscaped yard is required. This yard shall include a
berm, fence and extensive landscaping to the satisfaction of the
Designated Officer or Council.
2)
Where a site abuts the lot line of an existing or future Residential Area as
indicated in the White Horse Plains Planning District Development Plan,
any buildings shall be setback a minimum of 15.24 m. (50.00 ft.) from the
lot line.
3)
No parking shall be permitted within the first 4.57 m. (15.00 ft.) of a
required front yard and no loading, storage, trash collection, outdoor
service or display area shall be permitted within a required side yard.
4)
All developments shall comply with Section 20.1 of this By-law.
5)
When outside storage of goods and materials is required:
a)
the storage shall be located to the rear of a line adjacent to and
parallel with the front wall of the building;
b)
The storage shall not project above the height of the wall or fence; and
c)
a solid fence shall be provided and maintained in a condition that is
acceptable to the Designated Officer.
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PART III
ZONING DISTRICTS
6)
The operation of all uses shall comply with all environmental and public health
regulations of the Province of Manitoba. If the Designated Officer is of the
opinion that a proposed development may conflict with these regulations, the
application shall be referred to the appropriate Provincial department(s) prior
to issuing a development permit.
7)
A dwelling unit is allowed only in conjunction with a permitted or conditional
Industrial Use Class development if it is occupied by the owner/operator or a
site watchperson or caretaker, if necessary.
15.12 Additional Regulations for the MG: Industrial General Zoning District
1)
Where a site abuts the lot line of an existing or future Residential Area as
indicated in the White Horse Plains Planning District Development Plan, a
15.24 m. (50.00 ft.) landscaped yard is required. This yard shall include a
berm, fence and extensive landscaping to the satisfaction of the Designated
Officer or Council. As a minimum, this landscaping screen shall consist of an
earthen berm of not less than 1.52 m. (5.00 ft.) in height and a width of not
less than 2.50 m. (8.20 ft.). In cases where the landscaping screen is a hedge,
it shall be a minimum of 1.52 m. (5.00 ft.) in height.
2)
No parking shall be permitted within the first 4.57 m. (15.00 ft.) of a
required front yard and no loading, storage, trash collection, outdoor service or
display area shall be permitted within a required side yard.
3)
All developments shall comply with Section 20.1 of this By-law.
4)
When outside storage of goods and materials is required:
a)
the storage shall be located to the rear of a line adjacent to and parallel
with the front wall of the building;
b)
the storage shall not project above the height of the wall or fence; and
c)
a solid fence shall be provided and maintained in a condition acceptable
to the Designated Officer.
5)
The operation of all uses shall comply with all environmental and public
health regulations of the Province of Manitoba. If the Designated Officer believes
a proposed development may conflict with these regulations, the application
shall be referred to the appropriate Provincial department(s) prior to issuing a
development permit.
6)
A dwelling unit is allowed only in conjunction with a permitted or
conditional Industrial Use Class development if it is occupied by the owner or a
site watchperson or caretaker, actively involved with the industry on site, if
necessary.
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PART III
ZONING DISTRICTS
15.13 Additional Regulations for the HZ: Holding Zone Zoning District
1)
Notwithstanding the regulations set out in the Bulk Regulations Table
(Appendix C) of this By-law, the minimum site area regulation for a Farmstead
Dwelling shall be 0.81 ha. (2.00 acres).
2)
The maximum building height regulation of 10.67 m. (35.00 ft.) shall not
apply to buildings or structures that are accessory to a Non-Commercial
Farm.
3)
Council shall not approve any development which, in its opinion, would:
a)
substantially alter the existing state of the land;
b)
require structures, footings or foundations that cannot be removed or
relocated at a nominal cost to the applicant or owner; or
c)
be prejudicial to the future economical subdivision, servicing and
development of the subject land for future urban uses on a planned
basis.
4)
Council may specify the length of time a use is permitted in this Zone
having regard for the future servicing or development of general
residential,
recreational,
institutional,
industrial
or
commercial
development on the subject land.
5)
A dwelling unit is allowed in conjunction with a Tourist Campsite
development if it is occupied by the owner/operator or a site watchperson or
caretaker, if necessary.
15.14 Additional Regulations for the LCR: Limited Commercial-Residential Zoning District
1)
The maximum number of on-site employees for a Limited Contractor
Service shall be two and shall be limited to owner operated businesses
only.
2)
Any materials related to a small-scale business operation shall be kept
within an enclosed building. These buildings shall be constructed and
finished with durable materials and blend in with the surrounding
residential development.
3)
No more than two trucks with a maximum gross vehicle weight of
6,804.00 kg. (15,000.00 lb.) gross vehicle weight can be parked overnight on any
lot.
85
PART IV - SPECIAL LAND USES
86
PART IV
SPECIAL LAND USES
16.0 Special Land Uses
16.1
Applicability
1)
The Special Land Use Regulations apply to the uses listed irrespective of
the Zoning District in which they are located. Where these regulations
appear to be in conflict with the Zoning District regulations in which the use
is either a permitted use or conditional use, the Special Land Use
Regulations shall take precedence and shall be applied in addition to the
regulations in the Zoning District.
16.2
Anhydrous Ammonia Facilities
An Anhydrous Ammonia Facility shall comply with the following regulations:
1)
It shall be located at least:
a)
1,524.00 m. (5,000.00 ft.) from Dacotah, Elie, Springstein, and St.
Eustache,
b)
792.48 m. (2,600.00 ft.) from any Residential, Residential-Related,
Basic Service and Community, Educational, Recreational and
Cultural Service Use Class developments located outside of
Dacotah, Elie, Springstein, and St. Eustache.
c)
99.06 m. (325.00 ft.) from the edge of the rights-of-way of a
Provincial Trunk Highway or Provincial Road.
16.3
Bed and Breakfast Homes
A Bed and Breakfast Home shall comply with the following regulations:
1)
There shall be no exterior display or advertisement larger than 1.49 sq.
m. (16.00 sq. ft.) in Elie, Dacotah, Springstein, and St. Eustache, and
2.97sq. m. (32.00 sq. ft.) in other areas, provided that no sign shall be
illuminated and any Sign must be compatible with the residential
character of the area.
2)
The Bed and Breakfast Home shall not generate vehicular traffic or parking that
is more than what is normally characteristic of the area.
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PART IV
SPECIAL LAND USES
3)
The Bed and Breakfast Home shall be operated by a live-in owner as a
secondary use only and shall not change the principal residential character or
external appearance of the dwelling unit.
4)
The Bed and Breakfast Home shall have a maximum of three bedrooms or
bedroom suites
5)
Meals shall be limited to the owner-occupants of the Bed and Breakfast Home
and resident guests therein with no cooking facilities allowed in the bedrooms
or bedroom suites.
6)
In addition to the parking regulations for the primary use, one additional on-
site parking space shall be provided for each bedroom or bedroom suite.
7)
An approved 2.20 kg. (4.85 lb.) multi-purpose portable fire extinguisher shall be
visibly mounted near the kitchen exit door, preferably the door leading directly
outdoors.
8)
All Bed and Breakfast Homes must be operated in accordance with all plans and
documents approved as part of the application.
16.4
Car Brokers
A Car Broker shall comply with the following regulations:
1)
The Car Broker operation shall be operated as a secondary use only on the site,
and shall not change the principal character or external appearance of the
dwelling unit involved.
2)
The Car Broker operation shall be limited to the purchase and sale of used
passenger vehicles and light trucks only.
3)
Except as hereinafter provided, the vehicles that are for sale shall be parked or
stored at the rear of the dwelling unit on the site so as to be entirely screened
from public view.
4)
Notwithstanding Section 16.4 (3) of this By-law, a maximum of one vehicle may
be put on display for sale in the front yard of the site on which a Car Broker
operation is located at any one time.
5)
Notwithstanding Section 16.4 (4) of this By-law, on the site on which a Car
Broker operation is located there shall be no vehicles put on display for sale
within any Municipal road right-of-way.
6)
Notwithstanding Section 16.4 (4) of this By-law, if the Car Broker
operation is adjacent to a Provincial Trunk Highway Provincial Road or
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PART IV
SPECIAL LAND USES
Provincial Access Road, the vehicles put on display for sale thereon shall be
setback in accordance with The Highways and Transportation Act and The
Highways Protection Act.
7)
The site on which a Car Broker operation is located shall be kept in a tidy,
well maintained manner to the satisfaction of the Designated Officer.
8)
A storage area having six or more passenger vehicles and/or light trucks
that are visible from a roadway or an abutting Residential District that is within
198.12 m. (650.00 ft.) from the storage area shall be fenced and/or have a
screen planting, to the satisfaction of the Designated Officer.
9)
The Car Broker operation shall not generate pedestrian or vehicular traffic,
or parking, in excess of that which is characteristic of the Zoning District in
which it is located.
10)
The Car Broker operation shall be operated solely by the members of the
family residing at the same dwelling unit on the site where the Car Broker
operation is located without the employment of other persons.
11)
Any exterior display or advertisement of the Car Broker operation shall:
a)
not exceed 0.37 sq. m. (4.00 sq. ft.) in area;
b)
not be illuminated; and
c)
be compatible with the character of the area.
12)
The dimensions of signage advertising the sale of vehicles shall not exceed
21.59 cm. (8.50 in.) by 27.94 cm. (11.00 in.).
13)
The Car Broker operation shall have all outdoor lighting located and
arranged on the site so that no rays of light are directed at any adjacent
sites.
14)
The maximum number of passenger vehicles and light trucks for sale at
any one time shall be limited to six (6) vehicles.
15)
All Car Brokers must be operated in accordance with all plans and
documents approved as part of the application.
16.5 Home Industries
A Home Industry shall comply with the following regulations:
1)
The Home Industry shall be in contravention of this Zoning By-law unless it
conforms to the Municipal Licensing By-law and amendments thereto.
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PART IV
SPECIAL LAND USES
2)
The Home Industry shall only be allowed in conjunction with a dwelling
unit and be carried out in a building that is accessory to a dwelling unit and does
not exceed a floor area of 232.25 sq. m. (2,500.00 sq. ft.).
3)
The employment of family and non-family members is allowed as part of
the Home Industry to a maximum of five (5) persons.
4)
The selling of goods or services related to the Home Industry is allowed.
5)
The character and scale of the Home Industry shall not create offensive or
objectionable impacts on any adjoining sites.
6)
Outside storage of goods and materials is allowed as part of the Home
Industry, subject to the following:
a)
the storage shall be located to the rear of a line adjacent to and
parallel with the front wall of the building;
b)
the storage area shall be fenced or screened from public view to the
satisfaction of the Designated Officer or Council; and
c)
the storage shall not project above the height of the fence or
screening.
7)
Notwithstanding Section 19.0 of this By-law, the Home Industry may have
one identification sign with a maximum area of. 1.49 sq. m. (16.00 sq. ft.),
indicating the name of the occupant and/or Home Industry of the occupant
provided the sign is attached to and parallel with the wall of the principal or
accessory building.
8)
There shall be no mechanical or electrical equipment used which creates
noise, or visible and audible interference in radio or television reception in
adjacent dwelling units.
9)
The Home Industry shall not be permitted if, in the opinion of the
Designated Officer, such use would be more appropriately located in another
Zoning District having regard for, among other matters, potential traffic
generation and potential interference with the character of the area.
10)
The Home Industry shall comply with all environmental and public health
standards of the Province of Manitoba. If Council determines that a proposed
Home Industry may conflict with these standards, the application shall be
referred to the appropriate Provincial department(s) prior to issuing a
development permit.
11)
In addition to the information regulations of Section 8.0 of this By-law,
each application for a development permit for a proposed Home Industry shall
include a description of the use to be undertaken at the premises
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PART IV
SPECIAL LAND USES
and an indication of where any materials, equipment or vehicles
associated with the use are to be stored.
12)
A permit for a Home Industry is not transferable to a new homeowner.
13)
All Home Industries must be operated in accordance with all plans and
documents approved as part of the application.
16.6
Home Occupations
A Home Occupation shall comply with the following regulations:
1)
The Home Occupation shall be in contravention of this Zoning By-law
unless it conforms to the Municipal Licensing By-law and amendments
thereto.
2)
The home occupation shall not include adult entertainment; dating and
escort service; body modification; on-site painting, body repairs, or other
repairs to automobiles, trucks, boats, trailers, or motorized vehicles;
vehicle towing operations; dispatch centres for auto-oriented services;
sales of firearms or ammunition; any business utilizing radio transmission
equipment; and any business engaged in the sales and rental of
automobiles, light trucks or motorcycles.
3)
The Home Occupation shall not generate pedestrian or vehicular traffic, or
parking, in excess of that which is characteristic of the Zoning District in which it
is located.
4)
The Home Occupation shall be owned and operated by the member(s) of the
family residing at the dwelling unit with the maximum of one (1) on-site
employee.
5)
Notwithstanding Section 19.0 of this By-law, the Home Occupation may
have one identification sign not exceeding 1.12 sq. m (12.00 sq. ft.) in area,
indicating the name of the occupant and/or Home Occupation of the
occupant provided the sign is attached to and parallel with the wall of the
principal or accessory building.
6)
There shall be no mechanical or electrical equipment used which creates noise,
or visible and audible interference in radio or television reception in adjacent
dwelling units.
7)
The Home Occupation shall only be allowed in conjunction with a dwelling unit,
and shall not change the principal character or external appearance of the
dwelling unit involved.
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8)
A Home Occupation within a dwelling unit or accessory building shall not
exceed a maximum floor area of 27.87 sq. m. (300.00 sq. ft.) or twenty
percent (20%) of the floor area, whichever is lesser.
9)
The Home Occupation shall not be permitted if, in the opinion of the
Designated Officer, such use would be more appropriately located in
another Zoning District having regard for, among other matters, potential
traffic generation and potential interference with the residential character
of the area.
10)
In addition to the information regulations of Section 8.0 of this By-law, each
application for a development permit for a proposed Home Occupation
shall include a description of the office use to be undertaken at the
premises and an indication of where any materials, equipment or vehicles
associated with the office use are to be stored.
11)
A permit for a Home Occupation is not transferable to a new homeowner.
12)
Any work or activity conducted on the premises in connection with the
home occupation shall be carried on entirely within the residential
dwelling unit or entirely within a building accessory to that dwelling unit.
13)
The home occupation shall be conducted solely by one or more of the
residents living in the residential dwelling unit on the premises without
the employment of any other person.
14)
In the case of rental premises, the home occupation applicant will be
required to obtain the permission of the owner of the premises before a
home occupation permit under this Section can be issued by the Designated
Officer.
15)
Home Occupations shall be limited to those uses which do not interfere
with the rights of other residents to quiet enjoyment of their
neighbourhood.
16)
In the case of retail sales, the home occupation offers commodities for sale which
are limited to those produced or repaired on the premises.
17)
If a Home Occupation is used for instructional classes, there shall not be more
than four (4) pupils at a time.
18)
All Home Occupations must be operated in accordance with all plans and
documents approved as part of the application.
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16.7
Livestock Operations
1)
The regulations of this Section of the By-law shall apply to Livestock
Operations.
16.7.1 General
1)
When reviewing permit applications for Livestock Operations, the
Designated Officer and RM of Cartier Council shall consider:
a)
the type and size of the operation and its location in relation to
neighbouring land uses;
b)
the source of water supply and proposed consumption levels;
c)
the proposed manure storage and disposal system;
d)
the nature of the land base;
e)
local resident concerns;
f)
for livestock operations of a size 300 A.U. or greater the Technical
Review Committee report and recommendations
g)
the potential impacts generated by the operation on the Provincial
highway and Municipal road systems;
h)
Provincial guidelines and regulations governing Livestock
Operations; and
i)
whether there is a need for a development agreement to be entered
into between the proponent and the RM of Cartier dealing with such
conditions as the timing of construction of any proposed buildings or
structures; the control of traffic; and the construction and maintenance
of roads, fencing, landscaping, shelter belts, manure storage facility
covers or site drainage works by or at the expense of the proponent.
2)
Where a livestock operation is located within 800.0 m. (2,625.0 ft.) of one
or more other livestock operations involving the same category of livestock
and are owned by the same individuals, corporation, partnership or other
entity, or where they share a common manure storage facility, they shall be
deemed to be one livestock operation for the purposes of this By-law.
3)
Where the proposed development is located within the vicinity of a
Provincial highway, a copy of the proposal shall also be sent to Manitoba
Infrastructure & Transportation for review and comment.
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16.8
Livestock Operations Producing Fewer Than 300 Animal Units
16.8.1 General
1)
All new or expanding Livestock Operations that produce fewer than 300
Animal Units shall:
a)
meet or exceed all applicable Provincial and Federal government
environmental and health regulations in force at the time of the permit
application;
b)
obtain a development permit from the RM of Cartier prior to any
development activity taking place on the site; and
c)
meet or exceed any applicable site regulations.
d)
have an adequate land base that is either owned or leased by the proponent
to carry out the proposed Livestock Operation; and
e)
manure storage facilities and confined livestock areas must be designed,
built and operated in conformity with all relevant Provincial regulations.
16.8.2 Mutual Separation Regulations
1)
Except for the dwelling unit of the operator of the Livestock Operation,
mutual separation distances shall be maintained between Livestock Operations
and a dwelling unit or designated residential or recreational area in accordance
with Table 1:
TABLE 1
Mutual Separation Regulations
Animal Units
Minimum Distance
From Dwelling Unit
From Designated Residential or
Recreational Area
To Earthen Storage
Facility
To Animal Housing
Facility and Non-Earthen
Manure Storage
Facility
To Earthen Storage
To Animal Housing Facility
and Non-Earthen
Manure Storage Facility
10 to 100
230.00 m.
(755.00 ft.)
115.00 m.
(377.00 ft.)
920.00 m.
(3,018.00 ft.)
610.00 m.
(2,001.00 ft.)
101 to 200
345.00 m.
(1,132.00 ft.)
173.00 m.
(568.00 ft.)
1,380.00 m.
(4,528.00 ft.)
920.00 m.
(3,018.00 ft.)
201 to 299
460.00 m.
(1,509.00 ft.)
230.00 m.
(755.00 ft.)
1,840.00 m.
(6,037.00 ft.)
1,231.00 m.
(4,039.00 ft.)
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16.9
Livestock Operations Producing 300 or Greater Animal Units
16.9.1 Mutual Separation Regulations
1)
Except for the dwelling unit of the operator of the Livestock Operation,
mutual separation distances shall be maintained between Livestock
Operations and a dwelling unit or designated residential or recreational
area in accordance with Table 2:
TABLE 2
Mutual Separation Regulations
Animal Units
Minimum Distance
From Single Residence
From Designated Residential or
Recreational Area
To Earthen Storage
Facility
To Animal Housing
Facility and Non-
Earthen Manure
Storage Facility
To Earthen Storage
To Animal Housing
Facility and Non-
Earthen Manure
Storage Facility
300 to 400
518.00 m.
258.00 m.
2,070.00 m.
1,380.00 m.
(1,700.00 ft.)
(846.00 ft.)
(6,791.00 ft.)
(4,527.00 ft.)
401 to 800
575.00 m.
288.00 m.
2,300.00 m.
1,530.00 m.
(1,886.00 ft.)
(945.00 ft.)
(7,545.00 ft.)
(5,020.00 ft.)
801 to 1600
690.00 m.
345.00 m.
2,760.00 m.
1,840.00 m.
(2,264.00 ft.)
(1,132.00 ft.)
(9,055.00 ft.)
(6,037.00 ft.)
1601 to 3200
805.00 m.
403.00 m.
3,220.00 m.
2,151.00 m.
(2,641.00 ft.)
(1,322.00 ft.)
(10,564.00 ft.)
(7,057.00 ft.)
3201 to 6400
920.00 m.
460.00 m.
3,680.00 m.
2,450.00 m.
(3,018.00 ft.)
(1,509.00 ft.)
(12,074.00 ft.)
(8,038.00 ft.)
6401 to 12800
1,035.00 m.
518.00 m.
4,140.00 m.
2,760.00 m.
(3,396.00 ft.)
(1,700.00 ft.)
(13,583.00 ft.)
(9,055.00 ft.)
12801 plus
1,150.00 m.
575.00 m.
4,600.00 m.
3,071.00 m.
(3,773.00 ft.)
(1,887.00 ft.)
(15,092.00 ft.)
(10,076.00 ft.)
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16.9.2 Development Permit Applications
1)
For Livestock Operations that produce 300 Animal Units or greater, in
addition to the standard development application submission regulations, the proponent
for any new or expanding Livestock Operation may be required to provide the following
information to the satisfaction of the Designated Officer and RM of Cartier Council.
a)
a detailed description of the proposed operation;
b)
the corporate identity and proof of property ownership;
c)
a legal description of the land on which the proposed development is to occur,
by lot, block, subdivision, quarter section and registered plan numbers;
d)
the owner's (and applicant if different from owner) name, address,
signature and interest in the land;
e)
a site plan showing the location of housing, storage and other facilities
relative to the boundaries of the site; and
f)
servicing needs.
16.9.3 Animal Units
1)
For the purposes of this Section of the By-law, the calculation of Animal
Units shall be determined on the basis of the Animal Units Conversion Table
(Appendix D) and in accordance with Manitoba Regulation 81/2011, Provincial
Planning Regulation.
16.9.4 Conditional Use Hearing
1)
Where a conditional use hearing is required, the RM of Cartier Council will not
set a hearing date until all of the development permit application information as
specified in Section 16.9.2 of this By-law has been submitted by the applicant to
the Designated Officer.
2)
Prior to any hearing of an application for a conditional use permit to establish or
expand a Livestock Operation the RM of Cartier shall place a public notice in
accordance with the Act.
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16.9.4 Conditional Use Hearing
3)
An application for a conditional use permit shall be processed and approved or
rejected in accordance with the Act. If warranted, the RM of Cartier may consider
imposing the following conditions:
a)
measures to ensure conformity with the applicable provisions of the
White Horse Plains Development Plan, the RM of Cartier Zoning By-law
and any secondary plan by-law;
b)
measures to implement recommendations made by the Technical
Review Committee;
c)
requiring covers on manure storage facilities;
d)
requiring shelter belts to be established;
e)
requiring the owner of the affected property to enter into a
development agreement dealing with the affected property and any
contiguous land owned or leased by the owner, on one or more of
the following matters:
(i)
the timing of construction of any proposed building,
(ii)
the control of traffic,
(iii)
the construction or maintenance - at the owner's expense or
partly at the owner's expense - of roads, traffic control devices,
fencing, landscaping, shelter belts or site drainage works
required to service the livestock operation,
(iv)
the payment of a sum of money to the municipality to be used
to construct anything mentioned in subclause (iii).
19.9.5 Manure Management Plans (future re-number to 16.9.5)
1)
Proponents, owners or operators of approved new or expanding Livestock
Operations involving the production of 300 Animal Units or more shall
submit a copy of the manure management plan to the RM of Cartier
Council upon request.
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16.10 Natural Resource Developments
1)
The Natural Resource Development shall not excavate aggregate, topsoil
or peat moss closer than the distances from any lot line, Single Dwelling or
shore of a river, lake or stream than what is outlined in The Mines and
Minerals Act.
2)
Where any Natural Resource Development abuts the lot line of a site in
Dacotah, Elie, Springstein, and St. Eustache or any Rural Residential
designated area as indicated in the White Horse Plains Planning District
Development Plan, a 30.48 m. (100.00 ft.) landscaped yard shall be
required.
3)
A dwelling unit is allowed provided it is occupied by the owner/operator
or a site watchperson or caretaker, if necessary.
4)
No parking, loading, storage, trash collection, outdoor service or display
area shall be permitted within a required side or rear yard.
5)
When outside storage of goods and materials is required:
a)
the storage shall be located to the rear of a line adjacent to and parallel
with the front wall of the building; and
b)
a solid fence shall be provided and maintained in a condition acceptable
to the Designated Officer.
6)
Any fuel storage areas established on any site shall comply with The
Storage and Handling of Petroleum and Allied Products Regulation 188/200.
7)
Any used oil products and other regulated hazardous wastes generated or
stored on the site shall be collected and disposed of in accordance with all
applicable Manitoba Conservation legislation.
8)
The Natural Resource Development shall comply with all environmental
and public health regulations of the Province of Manitoba. If the
Designated Officer believes a proposed Natural Resource Development may
conflict with these regulations, the application shall be referred to the
appropriate Provincial department(s) prior to issuing a development
permit.
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16.11 Non-Commercial Farms
A Non-Commercial Farm shall comply with the following regulations:
1)
The minimum site area for the Non-Commercial Farm shall be 2.02 ha.
(5.00 acres).
2)
The use of land or structures for the Non-Commercial Farm shall be
limited to 1.33 Animal Units per 0.80 ha. (2.00 acres) of land.
3)
The maximum size for the Non-Commercial Farm shall be less than 10.00
Animal Units.
4)
Farm buildings or structures shall be a minimum distance of 30.48 m.
(100.00 ft.) from any lot line.
5)
The keeping of animals on a site:
a)
shall not be allowed in front of the dwelling unit in any Residential
District
b)
shall not interfere with the use and enjoyment of adjacent land
uses.
6)
For the purposes of this Section of the By-law, the calculation of Animal
Units shall be cumulative across the species as determined on the basis of the
Animal Units Conversion Table (Appendix D), or as determined by the Province of
Manitoba.
7)
A Non-Commercial farm can only developed in conjunction with a Single
Family Dwelling.
8)
All Non-Commercial Farms must be operated in accordance with all plans
and documents approved as part of the application.
16.12 Planned Unit Developments, Residential
A Planned Unit Developments shall comply with the following regulations:
1)
Specific regulations in a Zoning District shall not directly apply to Planned
Unit Developments. However, the project shall produce an environment
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of stable and desirable character and shall incorporate at least equivalent
standards of building separation, parking, height and other regulations and
regulations of this By-law.
2)
An application for a Planned Unit Development shall include normal
development permit regulations as well as an impact study that outlines the
following information:
a)
economic, social and environmental benefits to the community;
b)
the effect on the general character of the area and adjacent areas;
c)
the effect on the general environment including, but not
necessarily limited to, drainage, groundwater and erosion;
d)
the effect on Municipal services and the street system; and
e)
such additional information as required by Council.
3)
The minimum site area for a Planned Unit Development shall be 4.05 ha.
(10.00 acres).
4)
The density of development shall not be increased from the normal
density per gross hectare (acre) permitted in the Zoning District in which
the proposed Planned Unit Development is located.
5)
Planned Unit Developments shall be regulated through a site plan
agreement or development agreement which is caveated against the title at the
Land Titles office.
6)
An overall landscaping plan shall be prepared.
7)
Any public park areas shall be dedicated to the Municipality.
16.13 Small Animal Breeding and Boarding Establishment
A Small Animal Breeding and Boarding Establishment shall comply with the following
regulations:
1)
They shall comply with all applicable Provincial and Municipal animal control
and licensing By-laws.
2)
The Small Animal Breeding and Boarding Establishment shall be carried out by
an occupant of the dwelling unit.
3)
One assistant, who is not a resident of the dwelling unit of the Small
Animal Breeding and Boarding Establishment, may operate in and from
the said dwelling unit.
4)
If located within a Residential Use Class development, the Small Animal
Breeding and Boarding Establishment shall be operated as a secondary
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use only, and shall not change the principal character or external
appearance of the dwelling unit involved.
5)
There shall be no retail sale of goods from within the dwelling unit of a Small
Animal Breeding and Boarding Establishment.
6)
The Small Animal Breeding and Boarding Establishment shall not create or
become a nuisance by the way of noise, fumes, dust, odour, traffic or otherwise
interfere with the use and enjoyment of adjacent land uses.
16.14 Temporary Additional Mobile Home Dwellings
A Temporary Additional Mobile Home Dwelling shall comply with the following
regulations:
1)
The Temporary Additional Mobile Home Dwelling shall be installed on a
site for use either:
a)
by an elderly parent(s) or other family member(s) of the owner-
occupier of the on-site Single Family Dwelling requiring the care
and assistance therefrom; or
b)
as temporary accommodation by a property owner during which
time a permanent Single Family Dwelling is being developed on the
site.
2)
The Temporary Additional Mobile Home Dwelling shall:
a)
be constructed in accordance with CSA and applicable building code
regulations.
b)
comply with all site regulations applicable to the Zoning District
in which the Single Family Dwelling is located or is proposed to
be located.
c)
be removed by the property owner upon the cessation of its
approved occupancy by Council.
d)
be installed in accordance with the regulations of any appropriate
Federal, Provincial or Municipal legislation.
e)
be no larger than 55.74 sq. m. (600.00 sq. ft.).
3)
The RM of Cartier may impose additional conditions on the installation of
a proposed Temporary Additional Mobile Home Dwelling deemed
necessary to protect adjacent sites and the public welfare.
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4)
All Temporary Additional Mobile Home Dwellings must be operated in
accordance with all plans and documents approved as part of the
application.
5)
The development permit for the Temporary Additional Mobile Home
Dwelling shall be renewed by the Owner every five (5) years or the
development permit will expire and the Owner shall immediately remove
the Temporary Additional Mobile Home Dwelling from the subject
property.
16.15 Vehicular - Oriented Uses
16.15.1
Applicability
1)
The following Commercial Use developments shall comply with the
regulations of this Section of the By-law:
a)
Drive-Through Food Services;
b)
Gas Bars;
c)
Service Stations;
d)
Rapid Drive-Through Vehicle Services; and
e)
Automated Teller Machines.
16.15.2
Development Regulations
1)
Vehicular-oriented uses shall be located only where the Designated Officer or
Council is satisfied that the development will not adversely affect the functioning
of the surrounding public roadway.
2)
The minimum frontage shall be 30.48 m. (100.00 ft.).
3)
Service Stations and Rapid Drive-Through Vehicle Services shall have a minimum
site depth of 30.48 m. (100.00 ft.).
4)
Stacking space shall be provided as follows:
a)
For Drive-In Food Services and other Commercial Use
developments having a drive-up service window, a minimum of six
in-bound stacking spaces shall be provided for vehicles
approaching the drive-up service window. One out-bound stacking
space shall be provided on the exit side of each service position
and this space shall be located so as not to interfere with service
to the next vehicle.
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b)
For Rapid Drive-Through Vehicle Services, a minimum of five inbound
and three out-bound stacking spaces shall be provided for each
service bay, except that in the case of a complete service car wash a
minimum of ten in-bound and five out-bound stacking spaces shall be
provided.
c)
For Automated Teller Machines, a minimum of three in bound stacking
spaces shall be provided measured from the teller window or automated
teller machine.
d)
All stacking spaces shall be a minimum of 5.49 m. (18.00 ft) long and
3.05 m. (10.00 ft) wide. Stacking lanes shall provide sufficient space
for turning and maneuvering.
e)
All stacking spaces shall be located so as not to block or interfere with
the smooth flow of traffic to and from required off-street parking
spaces or the driving aisles providing access to those spaces, or any
adjacent street or lane through an approved access point.
5)
Gas Bars and Service Stations shall comply with the following additional
regulations:
a)
All pump islands and underground storage tanks shall be located at
least 6.10 m. (20.00 ft) from any boundary of the site, parking area on
the site, or laneways intended to control traffic circulation on the site.
b)
Refuelling areas are not permitted in a required parking area.
c)
A canopy over a pump island may extend to within 3.04 m. (10.00 ft)
of the boundary of the site. The canopy area shall not constitute part
of the site coverage for the purpose of this Section of the By-law.
16.16 Wayside Pits and Quarries
New Wayside Pits and Quarries shall comply with the following regulations:
1)
They shall be located at least:
a)
1,524.00 m. (5,000.00 ft.) from Dacotah, Elie, Springstein, and St.
Eustache;
b)
792.48 m. (2,600.00 ft.) from any Residential, Residential-Related,
Basic Service and Community, Educational, Recreational and Cultural
Service Use Class developments located outside of Dacotah, Elie,
Springstein, and St. Eustache; and
c)
99.06 m. (325.00 ft.) from the edge of the rights-of-way of a
Provincial Trunk Highway or Provincial Road
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16.17 Telecommunication Towers
1)
A Telecommunication Tower shall comply with the following site
regulations:
a)
the minimum site area regulation shall be 0.80 ha. (2.00 acres);
b)
the minimum site width regulation shall be 60.96 m. (200.00 ft.);
c)
the minimum front yard regulation shall be 38.10 m. (125.00 ft.);
d)
the minimum side yard regulation shall be 15.24 m. (50.00 ft.);
e)
the minimum corner side yard regulation shall be 15.24 m. (50.00 ft.);
and
f)
the minimum rear yard regulation shall be 15.24 m. (50.00 ft.).
2)
In addition to Section 16.17 (1) of this By-law, a Telecommunication Tower
shall be setback a minimum of 1.1 times the total height of the structure,
measured from the existing grade to its highest point, from all lot lines and
existing dwelling units.
3) Telecommunication towers shall conform to applicable federal, provincial, and
municipal regulations
16.18 Secondary Suites
1)
Secondary Suites may be established as a conditional use in single-family
dwellings as per the Use Tables in Part 4: LAND USE ZONES. Secondary Suites
may be located within the principle dwelling or detached from the principle
dwelling and must comply with the following regulations:
a)
Secondary suites shall comply with requirements of the National
Building Code and Manitoba Amendments;
b)
Secondary suites are not permitted in association with a multiple-family
or two-family residence;
c)
A minimum of one off-street parking space must be provided for each
secondary suite.
2)
For Secondary Suites within a principle dwelling:
a)
Not more than one (1) Secondary Suite shall be permitted within a
principal dwelling.
b)
The property containing a Secondary Suite shall be zoned for residential
or agricultural use and contain a permanent habitable single-family
(detached) dwelling.
c)
The principal dwelling must be an existing permanent structure.
d)
The principal dwelling is to be occupied by the owner of the
property.
e)
Maximum floor area shall not exceed 40% of the total habitable
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floor space of the principal dwelling or 861.1 square feet (80 sq. metres),
whichever is the lesser.
f)
An exterior, private amenity space such as a deck or patio should be
provided for the Secondary Suite.
3)
For Detached Secondary Suites:
a)
Not more than 1 Secondary Suite shall be permitted on an
established zoning site.
b)
The exterior of the secondary suites should incorporate building
materials, textures, and colours that are similar to those found on the
principal dwelling.
c)
The zoning site containing the Secondary Suite shall be zoned for
residential or agricultural use and contain a permanent habitable single-
family (detached) dwelling.
d)
The principal dwelling is to be occupied by the owner of the
property.
e)
Maximum floor area shall be:
i.
No greater than 861.1 square feet (80 sq. metres), and shall not
exceed the maximum site coverage for ancillary structures as
permitted within the zoning by-law.
f)
Building height (Maximum):
i.
Detached Secondary Suite (above Grade): 26.2 feet (8 metres)
ii.
Detached Secondary Suite (at Grade): 16.4 feet (5 metres)
g)
Setbacks (Minimum):
i.
From Front Lot Line: must be equal to or greater than the
minimum setback from the front property line for a principal
dwelling within the same zone.
ii.
From Rear Lot Line: must be equal to or greater than the
minimum setback from the rear property line for a principal
dwelling within the same zone.
h)
Where a property backs onto a public lane, public right-of-way,
public park, or a property zoned for commercial or industrial uses, the
setback from the Rear Lot Line may be equal to or greater than 10 feet
(3.05 metres).
i)
From Side Lot Line:
i.
Must be equal to or greater than the minimum setback from the
side property line for a principal dwelling within the same zone.
j)
From Exterior Side Lot Line:
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i.
Must be equal to or greater than the minimum setback from the
exterior side property line for a principal dwelling within the
same zone.
k)
Separation from the Principal Dwelling (Minimum):
i.
10 feet (3.05 metres)
l)
An exterior, private amenity space such as a deck or patio should be
provided for the Secondary Suite.
16.19 Wind Turbine Generator Stations
1) A Wind Turbine Generator Station shall comply with the following site regulations:
a)
the minimum site area regulation shall be 2.83 ha. (7.00 acres);
b)
the minimum site width regulation shall be 167.64 m. (550.00 ft.);
and
c)
the minimum front, side, corner side and rear yard regulations shall be
38.10 m. (125.00 ft.).
2)
In addition to Section 16.19 (1) of this By-law, a wind turbine tower shall be setback a
minimum of:
a)
804.67 m. (2,640.00 ft.) from a dwelling unit or other habitable
building, except for the dwelling unit of the landowner, operator,
site watchperson or caretaker, in which case the minimum setback
shall be 1.50 times the total height of the wind turbine tower,
measured from the existing grade to the uppermost point of the
extension of any rotor blade;
b)
1.10 times the total height of the wind turbine tower, measured
from the existing grade to the uppermost point of the extension of
any rotor blade, from all lot lines, railway rights-of-way and all
other wind turbine towers and structures; and
c)
804.67 m. (2,640.00 ft.) from any Rural Limited Policy Area, Rural
Residential Policy Area, Rural Centre Policy Area, Settlement Centre
Policy Area, and Business Policy Area as identified in Map 1 - Overall
Land Use Plan in the White Horse Plains Planning District
Development Plan By-law No. 1-2016; and
d)
3.00 kilometer (1.86 miles) from any Aircraft Landing Field.
3) Notwithstanding Section 16.19 (2) of this By-law, in cases where a lot line defines
and separates contiguous sites within a Wind Turbine Generator Station
development, the minimum setback from the said lot line
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separating the wind turbine towers shall be 0.60 times the total height of the wind
turbine tower, measured from the existing grade to the
uppermost point of the extension of any rotor blade.
4)
In addition to the standard development application submission
regulations, the proponent of a Wind Turbine Generator Station shall also provide the
following information to the satisfaction of the Designated Officer and Council,
including:
a)
A detailed description of the proposed operation.
b)
The corporate identity and proof of property ownership or lease
agreement provisions.
c)
A legal description of the land on which the proposed development is
to occur, by lot, block, subdivision and registered plan numbers.
d)
The owner's (and applicant if different from owner) name, address,
signature and interest in the land.
e)
A site plan showing the location of all proposed wind turbine towers,
above or below ground electrical lines and other facilities relative to the
boundaries of the site.
f)
Servicing needs.
5)
For the purposes of this By-law, a Wind Turbine Generator Station development involving
more than one site may, at the discretion of the Designated Officer or Council, be
processed as a conditional use at the same time, however, separate conditional use
applications and any resulting conditional use orders shall be issued for each separate
site.
6)
Notwithstanding the above, a meteorological/research tower used for wind or
climatic research shall be allowed as a permitted temporary use, subject to the issuance
of a temporary development permit by the Designated Officer and the following
additional regulations:
a)
Each temporary development permit shall be valid for a period of not
more than two years and may not be renewed for more than one
successive period of two years.
b)
Setback regulations shall be in accordance with Section 50.0(2) of this By-
law.
16.20 Care Homes
A Care Home shall comply with the following regulations:
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1)
If the care home is within a Single Family Dwelling, the maximum number of
residents, excluding family members, is 4.
2)
A care home shall not be located within 100.58 m. (330.00 ft.) of another care
home.
3)
A care home shall not generate pedestrian or vehicular traffic or parking in
excess of that which is characteristic of the Zone in which it is located.
4)
A care home shall be recognized, authorized, licensed or certified by the
Province of Manitoba.
A care home shall meet or exceed all applicable building and fire safety regulations.
16.21 Boats, Travel Trailers, Construction Trailers, Utility Trailers
and Motor Homes
1)
Boats, travel trailers, construction trailers, utility trailers and motor homes
may be stored in the Rear or Side Yard of a residential use class provided
that:
a)
the rear or side yards are accessible;
b)
occupancy is prohibited during storage;
c)
storage is not used for commercial purposes unless specifically
allowed for in that Zoning District; and
d)
only one (1) personally owned boat, travel trailer or motor home may
be stored on any vacant lot in residential zones
16.22 Cannabis Stores
1)
Licensed retail of cannabis and cannabis products, in accordance with the Safe
and Responsible Retailing of Cannabis Act, may be established as a primary or
accessory Conditional Use within the CC and CH zones.
2)
Cannabis stores shall not be established within 304.8 m. (1,000 ft.) of
the property line of a school or participant recreation service (indoor
or outdoor).
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17.0 General Development Regulations
17.1
Applicability
1)
The General Development Regulations apply to any development on any
site, irrespective of the Zoning District in which it is located.
17.2
Access to Sites
1)
Permits for developments within control areas adjacent to Provincial
Truck Highways, Provincial Roads and Provincial Access Roads shall be
required from the appropriate Provincial government agency.
17.3
Accessory Uses, Buildings and Structures
1)
Accessory developments are permitted when accessory to a permitted
use.
2)
Accessory developments are conditional when accessory to a conditional
use.
3)
Where any building or structure on a site is attached to a principal building
on the site by a roof, an open or enclosed structure above grade, a floor or
a foundation which is above grade, or any structure below grade allowing
access between the buildings such as a parking garage or a corridor or
passageway connecting the buildings, it is a part of the building and is not
an accessory building.
4)
No accessory building or structure shall be constructed on any site prior to the
construction of the principal building to which it is accessory.
5)
No accessory building or structure shall be used as a dwelling unit.
6)
Accessory buildings and structures shall be located on a site as follows:
a)
where the accessory building is attached to a main building, it shall be
subject to, and shall conform to, all regulations of this By-law
applicable to the principal building; and
b)
where the accessory building is detached from the principal
building, it shall not be located closer than 3.05 m. (10.00 ft.) clear
of all projections to the principal building, nor shall it be located
closer to a public roadway than the front wall of the principal
building.
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7)
Accessory buildings or structures shall be subject to the regulations for that
Zoning District.
8)
Notwithstanding Section 17.3 (7) of this By-law, the maximum height of
accessory buildings or structures on a site which abuts a site in a Residential
District shall not be greater than the height of the principal buildings
permitted in the said abutting Zoning District.
9)
Any garage that is either attached or free standing shall not have a door
height exceeding 3.05 m. (10.00 ft.) in the RS: Residential Single Family,
RV: Residential Single Family, HZ: Holding Zone, RC: Comprehensive
Residential, RM: Residential Multiple Family, and RMH: Mobile Home
Residential Zoning Districts, or a door height exceeding 4,27 m. (14.00
ft) in the RR1: Rural Residential , RR2: Rural Residential, RR5: Rural
Residential, and LCR: Limited Commercial-Residential Zoning Districts.
10)
No accessory building or structure shall be located within a dedicated easement
or right-of-way.
17.4
Building Grade
1)
No building or structure shall be erected without first obtaining from the
Designated Officer written instructions as to the grade for the building or
structures to be erected, which shall be in accordance with any applicable
municipal lot grade by-laws, and provincial regulations. It shall be the
continuing obligation of the property owner to maintain building grades for
adequate site drainage and to ensure that the level of the surrounding fill
at the building line shall not be less that the Flood Protection Level and
graded to drain away from the structure.
17.5
Construction on Road Allowance
1)
No building or structure shall be erected upon any land designated for a
future road allowance by the RM of Cartier Council. Any development
adjacent to said future road allowance shall comply with the regulations of
the By-law as if the said future road allowance was already in existence.
17.6 Composting
1)
The composting of private household material is permitted within all
Zoning Districts. For the composting of any other material, with the
exception of composting livestock manure and composting of deadstock
that are regulated by the Province of Manitoba, Council may require a
detailed engineering study from the applicant certifying that the proposed
composting operation meets or exceeds all applicable regulations.
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17.7
Connecting to Municipal Services
1)
All new principal buildings constructed or relocated on a site that is
serviced by Municipal sewer or water shall be connected to such services.
17.8
Excavation, Stripping and Grading
1)
For the purpose of this Section of the By-law, excavation shall mean
excavation other than for construction or building purposes, including but
not limited to topsoil stripping and the construction of artificial bodies of
water.
2)
A person wishing to excavate, strip or grade land shall:
a)
comply with Municipal By-laws, as amended, that regulate the
excavation, stripping or grading of land; and
b)
provide the following details in his/her development permit
application:
i)
the location and area of the site on which the excavation,
stripping or grading is to take place;
ii)
the existing land use and vegetation;
iii)
the type and dimensions of the excavation to be made, and the
effect on existing drainage patterns; and
iv)
the condition in which the excavation is to be left when the
operations is complete, or the final disposition to be made
of the area from which the topsoil is to be removed,
including the action which is to be taken for restoring the
condition of the surface of the land to be affected, and for
preventing, controlling or lessening the creation of erosion
or dust from the land.
3)
The Designated Officer shall consider every application for a permit to
excavate land, and shall not issue a permit unless he/she is satisfied that:
a)
the operation will be carried out so as to create a minimum of dust and
environmental disturbance; and
b)
the operation is one which, in the opinion of the Designated Officer,
is reasonable, necessary for the use and development of the land in
question.
4)
The Designated Officer may require as a condition of issuing a permit to
excavate land, that the applicant take the precautions and follow the
methods prescribed by the Designated Officer for the prevention or
control of dust or any other nuisance caused by the proposed operation,
and for the reclamation of the site if required.
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17.9
Fences
1)
A fence shall be permitted in a required yard or on the boundaries of a
required yard provided it complies with the fence regulations of this By-
law.
2)
A fence in a RS, RV, RC, RM, RR1, RR2 and RMH Residential Districts:
a)
Shall not include electric fences or barbed wire fences.
b)
Shall not be higher, measured from the general ground level at a
distance of 0.61 m. (2.00 ft.) from within the lot line of the site on
which the fence is to be constructed, than 1.22 m. (4.00 ft.) in a
required front yard; and 1.83 m. (6.00 ft.) in a required side or rear
yard.
c)
Shall conform to the Municipal Standards for Design and
Construction, and Provincial regulations for the location that the
fence is located.
3)
Notwithstanding 17.9 2) (b) the permitted height of a fence can be
increased or decreased at the discretion of the Designated Officer to reflect the
grade of surrounding sites.
4)
A fence in all Zoning Districts, excluding the RR5, AL: and AG Zoning
Districts and those listed in 17.9 2):
a)
Shall not include electric fences or barbed wire fences except in the
case of Commercial and Industrial Use Class developments where
the top 0.60 m. (2.00 ft.) of the fence can be barbed wire for
security purposes.
b)
Shall not be higher than 1.22 m. (4.00 ft.) in a required front yard; and
1.83 m. (6.00 ft.) in a required side or rear yard.
5)
Notwithstanding the above, the maximum height of a fence for Public
Education Service, Private Education Service, Public Utility Service or
Public Park Use developments shall be 3.05 m. (10.00 ft.), excepting chain
link fences for which there shall be no height limitation.
6)
Notwithstanding the above, for Industrial and Commercial Use Class
developments:
a)
the maximum height of a fence located in a rear yard shall be 3.66 m.
(12.00 ft.); and
b)
outside storage shall not be allowed to project above the height of the
fence.
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7)
Notwithstanding the above, the permitted height of a fence can be
increased or decreased at the discretion of the Designated Officer to reflect the
grade of surrounding sites.
8)
An electric fence is allowed in the RR5: Rural Residential District, AL:
Agriculture Limited and AG: Agriculture General Zoning District where an
approved development is located but shall not include electrified barbed wire
fences.
17.10 Sensitive Lands, Flood Risk Areas and Hazard Lands
1)
Notwithstanding any other provision of this By-law for those lands
deemed as Sensitive Lands, Flood Risk Areas and Hazard Lands by the
Designated Officer, the RM of Cartier Council or any Provincial Government
Agency, in addition to the zoning requirements of the underlying zoning
district, the Designated Officer may:
a)
Refuse to issue a building and/or development permit where the
proposed building or structure, as determined by Council in
consultation with any government agency, is located within the
floodway of a river, stream, drain, watercourse, or is low-lying, marshy,
or subject to periodic flooding and where Council has determined that
placement of said structure would impede the flow of water or
floodwaters and/or create a hazard to life, limb or property; or
b)
Where Council has determined that the specific hazard has not been
defined or where the proposed building or structure is to be located
within the floodway fringe of a river, stream, drain or watercourse, or
is otherwise subject to periodic flooding or runoff, permit such lands to
be developed provided that:
(i)
permanent structures shall be setback from all water courses
a distance of a least 10 times the height of the bank above a
channel grade or 60.10m. (200.00 ft.), whichever is greater.
(ii)
permanent structures shall be protected from flooding by
raising the building site and access to the Flood Protection Level
which is 0.61 m. (2.00 ft.) above the 1 in 200 year flood level or
flood of record, whichever is greater. The level of the
surrounding fill at the building line shall not be less than the
Flood Protection Level, and shall not slope more than 15.24 cm.
(6.00 in.) for a horizontal distance of 4.57 m. (15.00 ft.) from
the building line and not more than 0.31 m. (1.00 ft.) vertically
to 1.22 m. (4.00 ft.) horizontally thereafter.
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(iii)
the elevation of the main floor shall be a minimum of 0.31 m
(1.00 ft.) above the Flood Protection Level.
(iv)
basements, if constructed, shall:
- have the elevation of the basement floor not lower than the
Flood Protection Level by: 0.61 m. (2.00 ft.) if the fill material is
pervious such as sand; or 1.68 m. (5.50 ft.) if the fill material is
impervious such as clay.
- not contain habitable space.
- not be used for storage or immovable materials or hazardous
materials that are buoyant, flammable, explosive or toxic.
- not contain any electrical circuit breaker panels.
- be provided with a sump pit.
- have back-up values in the sewer pipes or pipes leading to a
holding tank or disposal field.
2)
Notwithstanding any other provision of this By-law, the Designated Officer
may:
(a)
Refuse a building and/or development permit where Council has
determined that the proposed building or structure is to be located on
lands subject to erosion, bank instability, sloughing or is to be located
on low-lying wetlands having insufficient bearing strength to
accommodate said building or structure; or
(b)
Require that the proposed building or structure be constructed and
located in such a manner as to negate the effects of the hazard.
3) The Designated Officer may require that the applicant provide, at his/her own
expense, such flood levels, elevations, or other geotechnical data as may be
required for its determination with respect to subsections (1) and (2) above.
4)
Council shall, prior to the issuance of a development permit, consult with
Provincial Government officials.
5)
All developments within Sensitive Lands, Flood Risk Areas and Hazard Lands shall
conform to the policies of the White Horse Plains Planning District Development
Plan.
17.11 Hazardous Materials Storage
1)
No commercial-related or industrial-related Bulk Storage Facility,
Agricultural Crop Protection Warehouse or Agricultural Product Storage shall be
located within:
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a)
804.65 m. (2,640.00 ft.) of Dacotah, Elie, Springstein, and St.
Eustache;
b)
304.80 m. (1,000.00 ft.) of a building used for human occupancy;
and
c)
99.06 m. (325.00 ft.) from the edge of the rights-of-way of
Provincial Trunk Highways, Provincial Roads as well as all
Provincial Access Roads.
17.12 Height of Features
1)
In determining whether a development conforms to the maximum height
permissible in any Zoning District, the following features shall not be
considered for the purpose of height determination: chimney stacks,
steeples, belfries, domes or spires, monuments, elevator housings, wind
turbines, roof stairway entrances, water or other tanks, ventilating
equipment, skylights, fire walls, receiving or transmitting structures,
masts, flag poles, clearance markers or other erections which are
considered to be similar by the Designated Officer.
17.13 Land Drainage
1)
A development permit shall be required for any drainage works
undertaken on any lands, where it is proposed to alter or divert the natural
course of a watercourse.
2)
Notwithstanding any other regulation of this By-law, the Designated
Officer or RM of Cartier Council may refuse a development permit for, or
prohibit, any drainage works to be undertaken on lands where it has been
determined that such works would create an adverse effect on adjacent
public or private lands or where adjacent drains are insufficient to
accommodate the added runoff. Where natural drainage was modified
with adverse effect, the responsibility will fall on the offending property
owner to return the drainage to a natural state and assumed the costs and
labour.
17.14 Landscaping
1)
This section applies to the following Use Class developments: Commercial,
Industrial, Community, Educational, Recreational and Cultural Service and
Residential Use Class Developments (excluding Single Family Dwellings).
2)
A landscaping plan is required and no landscaping work shall be
commenced unless the landscaping plan is approved by the Designated
Officer.
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3)
A landscaping plan shall contain the following information for the site and
adjacent boulevards:
a)
all physical features, existing or proposed, including vegetation, berm
contours, walls, fences, outdoor furniture and fixtures, surface utilities,
and paving; and
b)
all shrubs and trees, whether existing or proposed, labelled by their
common name, botanical name, and size.
4)
Notwithstanding the regulations of Section 17.14 (2) of this By-law, the
Designated Officer may consider an application if, in his/her opinion, the
development is of such a nature as to enable the decision to be made on the
application without all of the information.
5)
In the event that planting material required in an approved development is
inappropriate or fails to survive, the Designated Officer may allow or require
alternative materials to be substituted.
6)
All plant material required shall be hardy to the location on the site where they
are planted. The horticultural standards of the Canadian Nursery Trades
Association shall be used as a reference in selecting plants.
7)
The applicant shall be responsible for landscaping and proper maintenance.
The Designated Officer may require, as a condition of approval, that the
applicant provide an irrevocable letter of credit in the amount of 100.00
percent of the estimated landscaping cost, the condition of the said
irrevocable letter of credit being that, if the landscaping is not completed in
accordance with this By-law and the plan within one growing season after the
completion of the development, then the amount required to complete the
landscaping shall be paid to the Municipality from the said irrevocable letter
of credit.
6)
Where landscaping is required as part of any Commercial Use Class development,
trees shall be provided on the basis of a minimum one tree for each 41.81 sq. m.
(450.00 sq. ft.) of any required yard at grade.
7)
All required yards and all open spaces on Commercial and Industrial Use Class
developments, excluding parking spaces, on-site circulation, outdoor storage,
display and service areas, shall be landscaped in accordance with the
landscaping plan. This shall include appropriate screening of utility facilities.
8)
For Commercial Use Class developments, deciduous trees shall be at least 63.00
mm. (2.50 in.) caliper when planted and evergreen trees shall have a minimum
height of 2.44 m. (8.00 ft.) when planted.
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9)
A garbage collection area, an open storage area, or an outdoor service area,
which is visible from an abutting site in a Residential District, or from a public
roadway other than a lane, shall be fenced or have a screen planting. The
location, length, thickness and height of such fence or screen planting shall be in
accordance with the landscaping plan. Such fence or screen planting shall be
maintained to provide effective screening from the ground to a height of 1.83 m.
(6.00 ft.).
10)
In the case of bulk outdoor storage, vehicle and vehicle parts storage including
but not limited to lumber yards and similar uses, where because of height of
materials stored, a screen planting would not be sufficient, a fence, earth berm
or combination thereof, with sufficient height to substantially block the view,
shall be substituted for the regulations of Section 17.14 (9) of this By-law.
11)
Where, because of conditions not conducive to good horticultural practices, a
screen planting cannot reasonably be expected to survive, the Designated Officer
shall require a masonry wall, wood fence or earth berm, or combination thereof,
to be substituted for the regulations of Section 17.14 (9) of this By-law.
12)
Any screen planting required shall consist of evergreen trees or shrubs, or
flowering trees or shrubs, or both. All screen plantings shall be maintained to
provide effective screening from the ground to a height of 1.98 m. (6.50 ft.).
13)
Plant materials located within 6.10 m. (20.00 ft.) of a public street must be of a
salt-tolerant species.
14)
The owners shall maintain all landscaping and buffering areas required by this By-
law free from refuse and debris and with a neat appearance, and
shall maintain plant
materials
including
lawns
and
naturalized
landscaping, in a healthy condition. The owner shall replace any plant material
required by this By-law that dies or becomes diseased.
17.15 Lighting of Sites
Outdoor lighting for any development:
1)
Shall be low-glare in nature and located and arranged so that no direct rays of
light are directed at any adjoining properties, or interfere with the effectiveness
of any traffic control devices.
2)
All light fixtures shall be such that no portion of the lamp extends below the
lowest point of the lamp housing.
3)
If ground mounted, the maximum height shall be 10.67 m. (35.00 ft.).
4)
Wall-mounted lights must have fully shielded luminaries to direct all light
downward.
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17.16 Moving of Structures
1)
No person shall move any structure or part thereof off his/her property to
any other location unless that structure or part is made to conform to the
regulations of this By-law applicable to the Zoning District to which it is to
be moved.
2)
Before moving a building or portion to a new off-site location, the owner
shall obtain a development permit and a Conditional Use and if required by
the Designated Officer, enter into an agreement with the Municipality
containing an undertaking of the owner to pay all damages arising out of
the move and such other terms and conditions as a Designated Officer
deems necessary.
3)
Upon completion of removal of a 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 Designated Officer.
17.17 Noxious or Offensive Uses
1)
Nothing in this By-law, or in a development permit, approval or a
conditional use order, variation order or other approval issued under this
By-law or under the Act, shall be construed as authorization for the carrying
out of any activity that is a nuisance.
17.18 Outdoor Solid Fuel Heating System Buildings or Structures
An outdoor solid fuel heating system building or structure shall comply with the
following regulations:
1)
No person shall install an outdoor solid fuel heating system building or
structure without first obtaining a development permit from the
Designated Officer and no development permit to install an outdoor solid
fuel heating system building or structure shall be issued unless all the
regulations of this By-law have been satisfied.
2)
Outdoor solid fuel heating systems and any associated buildings or structures
shall be a Conditional Use in all residential zones and the "CC" Commercial
Central zone.
3)
Outdoor solid fuel heating system buildings or structures are considered
accessory uses and shall be developed in accordance with Section 17.3 of this
By-law.
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4)
Notwithstanding Section 17.18 (3) of this By-law, an outdoor solid fuel
heating system building or structure shall be located:
a)
Behind the rear wall of the principal building on the site.
b)
At least 15.24 m. (50.00 ft.) clear of all projections from the
principal building or other accessory buildings or structures on the site.
c)
At least 15.24 m. (50.00 ft.) from any lot line.
5)
The outdoor solid fuel heating system building or structure shall be
developed in accordance with CSA building regulations, applicable Provincial
building code regulations and the National Building Code.
6)
Notwithstanding Section 17.12 of this By-law, the minimum height of any
chimney that is part of an outdoor solid fuel heating system building or structure
shall be 3.35 m. (11.00 ft.).
7)
The minimum separation space between a outdoor solid fuel heating
system appliance and the walls and ceiling of any building or structure within
which it is located shall 1.52 m. (5.00 ft.).
8)
The outdoor solid fuel heating system shall be certified as "zero emission"
and may only burn approved fuels as determined by the Designated Officer.
17.19 Private and Semi-Private Swimming Pools and Hot Tubs
A Private and Semi-Private Swimming Pool and Hot Tub shall comply with the following
regulations:
1)
They shall meet Provincial regulations and any applicable building code.
2)
They shall be considered as being accessory to a permitted use and shall be
developed in accordance with Section 17.3 of this By-law.
3)
They shall be completely enclosed with a fence or other suitable barrier
constructed or erected in accordance with the following:
a)
it shall have a minimum height of 1.83 m. (6.00 ft), which shall be self-
closing and equipped with a lockable latch to prevent unauthorized
entry;
b)
there shall be no entry other than an entry to a building or a gate and it
shall be constructed so as to prevent a child from crawling under either
the fence or gate; and
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c)
the enclosure surrounding the swimming pool or hot tub shall be
maintained in good repair.
d)
if a hot tub is not completely enclosed by a fence it must have a locking
cover and support the weight of an adult when closed.
17.20 Projections into Yards
The following features may project into a required yard as provided for below:
1)
Uncovered walks, wheelchair ramps, trellises, flagpoles, lighting fixtures and
lampposts.
2)
Verandas, porches, eaves, shade
projections,
unenclosed steps,
cantilevers, chimney or parts of a chimney, belt courses, sills, together
with any other architectural features which, in the opinion of the
Designated Officer, are of a similar character, provided such projections
do not exceed 0.61 m. (2.00 ft.).
3)
Bay, oriel, or similar windows, provided that such projections do not exceed 0.61
m. (2.00 ft.).
4)
Balconies, provided such projections do not exceed 0.61 m. (2.00 ft.).
5)
Any loading space required under the regulations of this By-law, provided it shall
not be in a required front yard.
6)
An off-street parking area when comprised of parking spaces required
under this By-law, provided that no parking area in any Zoning District shall
be located within the first 6.1 m. (20.00 ft.) of a required front yard or
front separation space. This shall not prohibit the use of a required front
yard for such walkways and driveways as the Designated Officer considers
necessary.
7)
The Designated Officer may allow an obstruction or exception not listed in
Section 17.20 1) - 6) of this By-law, provided the obstruction or exception
will
have no greater impact on surrounding properties than those
permitted.
8)
In all Residential Districts no person shall keep in any part of a site:
a)
Any commercial vehicle, loaded or unloaded, of a maximum weight
exceeding 6,804.00 kg. (15,000.00 lb.) gross vehicle weight.
b)
Any dismantled or wrecked vehicle for more than fourteen
consecutive days unless otherwise authorized under any
applicable derelict vehicle by-laws or regulations.
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c)
Any object or chattel which, in the opinion of the Designated Officer
or RM of Cartier Council, is unsightly or tends to adversely affect the
amenities of the area.
d)
Any above-ground or below-ground Bulk Storage Facility.
17.21 Special Setbacks
1)
No dwelling unit shall be located within 402.34 m. (1,320.00 ft.) of the
boundary of any active waste disposal ground unless:
a)
a Certified Professional Engineer of Manitoba determines that
there will be no migration of methane gas; and
b)
approval has been obtained from Manitoba Conservation.
2)
No dwelling unit shall be located within 457.20 m. (1,500.00 ft.) of the
boundary of a Municipal sewage lagoon or wastewater stabilization pond.
3)
No dwelling unit shall be located within 150 m. (492.00 ft.) from the edge
of a right-of-way established for the transmission of high-pressure natural gas or
the transmission of hydro electricity in excess of 100 kilovolts.
4)
No dwelling unit shall be located within 30.48 m. (100.00 ft.) from the
edge of a railway right-of-way that is in active use.
5)
No dwelling unit or farm building shall be located within an area that has
been designated as a high or medium quality aggregate area by the Manitoba
Mines Branch, unless the site has been reviewed by that Branch and a
recommendation provided that would allow development to proceed.
6)
No dwelling unit shall be located within 152.40 m. (500.00 ft.) from any
active Natural Resource Development.
7)
Any development proposal to establish a dwelling unit, farm building or
structure that exceeds a height of 30.48 m. (100.00 ft.), or to establish a
shelterbelt or similar obstruction within the flight approaches of an Aircraft
Landing Field for a distance of 1.61 km. (1.00 mile), shall be deemed to be a
conditional use.
8)
Notwithstanding other provisions of the By-law, a dwelling unit within
500.00 m. (1,640.00 ft.) of the property limits of an active quarry site shall be
deemed a conditional use.
9)
No building, structure, parking area, shelterbelt, hedge or stockpiling of
materials exceeding a height of 0.91 m. (3.00 ft.) above grade shall be
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located within a triangular area of any lot adjacent to an intersection of
two public streets, with the sides of the triangular area being measured a
distance of 3.05 m. (10.00 ft.) along each lot line from the point of
intersection.
10)
For the purpose of side yard regulations, the following dwellings that have
common party walls shall be considered as one building occupying one lot:
Two Family Dwellings, Semi-Detached Dwellings, Townhouse Dwellings
and Multiple Family Dwellings. Side yard regulations shall not apply along
the common party walls.
11)
In the case of a corner lot, the front yard shall be the yard abutting the front lot
line.
12)
Despite Section 17.21 (11) of this By-law, the Designated Officer may
require any corner lot to provide an additional front yard or yards other
than that required, having regard to the orientation and access of
adjacent developments.
13)
The Designated Officer may require a double fronting lots to provide a
front yard on each public roadway, other than a lane, provided that at least
one front yard shall be provided.
14)
Buildings, structures and hedges adjacent to Provincial Trunk Highways,
Provincial Roads and Provincial Access Roads shall be setback in
accordance with The Highways Protection Act and The Highways and
Transportation Act.
15)
No private dwellings or structures shall be located within 60 m. (200.00
ft.) of the top-of-bank line of a watercourse, unless a variation for a
reduced setback is verified by an engineering analysis, as determined by
the Designated Officer in consultation with Provincial government
officials.
17.22 Temporary Buildings and Uses
1)
A development permit for a temporary building, structure or use shall be
subject to such terms and conditions as required by Council or the
Designated Officer.
2)
Each development permit issued for a temporary building, structure or use
shall be valid for a period of not more than twelve months and may not be
renewed for more than one successive period at the same location.
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3)
In all cases, temporary buildings and structures shall not exceed 92.90 sq.
m. (1,000.00 sq. ft.) in area and one storey or 4.57 m. (15.00 ft.) in height, and:
a)
may be used as an office space for the contractor or developer;
b)
may be used as a temporary placement of concrete and asphalt batch
plants that are incidental to and necessary for highway construction
and maintenance.
c)
shall not be used for human habitation, except as temporary
accommodation for a caretaker, watchman or construction
workers; and
d)
shall not be detrimental to the public health, safety, convenience and
general welfare, nor detract from the aesthetic value of the
neighbourhood.
e)
unless stated in this By-law or in the terms of the permit, the
temporary use shall cease to operate 30 days after the approval of the
permit.
f)
all temporary signs associated with the temporary use or structure
shall be removed when the activity ends.
g)
the temporary use or structure shall not violate any applicable
conditions of approval that apply to a principal use on the site.
h)
if the property is undeveloped, it shall contain sufficient land area to
allow the temporary use or structure to occur, as well as any parking
and traffic movement that may be associated with the temporary use.
i)
tents and other temporary structures shall be located so as not to
interfere with the normal operations of any permanent use located on
the property.
j)
a temporary use is not permitted unless sufficient off-street parking
is provided to accommodate anticipated parking needs associated
with the temporary use.
4)
In addition to the above noted requirements for Temporary Buildings and
Uses, seasonal sales areas: shall not reduce the number of required off-street
parking or loading spaces below the minimums required by this By-law;
obstruct any vehicular circulation route into or through the property: and are
limited to a maximum of 60 days per each calendar year.
5)
In addition to the above noted requirements for Temporary Buildings and
Uses, farm produce outlets are limited to between April1st to October 31st.
6)
In addition to the above noted requirements for Temporary Buildings and Uses,
temporary construction trailers or buildings shall be removed from the
premises within one month after completion of construction.
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7)
Notwithstanding the regulations of this Section of the By-law, a temporary
development permit shall be issued for a Carnival development provided
its maximum permitted duration on a site, which includes the installation
and removal of all equipment and structures thereon, is five days.
17.23 Rail Cars, Semi-Trailers or Similar Such Containers
1)
Rail cars or semi-trailers, or similar such containers as determined by the
Designated Officer shall comply with the following regulations:
If used for less than 90 days:
a) Shall be classified as a Temporary Use.
b) Shall be located to the rear of the principal building.
c) Shall comply with Section 17.3 of this By-law.
If used for 90 days or more:
a) Shall be classified as an Accessory Use.
b) Shall be located to the rear of the principal building.
c) Shall be placed on a secure and level foundation as determined by the
Designated Officer.
d) Shall be painted to match the colour of the principal building with no business
identification signs as determined by the Designated Officer.
e) For sites less than 1.0 ha. (2.27 ac.) there shall be no more than 2 rail cars or
semi-trailers, or similar such containers; for sites between 1.0 ha. (2.27 ac.)
and 2.0 ha. (4.94 ac.) there shall be no more than 4 rail cars or semi-trailers,
or similar such containers; and sites greater than 2.0 ha. (4.94 ac.) there shall
be no more than 6 rail cars or semitrailers, or similar such containers.
f) Shall provide a solid fence around the containers.
g) Shall not stack the containers on top of other containers.
h) Shall comply with Section 17.3 of this By-law.
Shall be considered a Permitted Use in the CH: Commercial Highway; MB:
Industrial Business; MG: Industrial General; AL: Agricultural Limited; AG:
Agricultural General; and I: Institutional Zones."
i)
Shall be considered a Conditional Use in "CC" Commercial Central Zone
and "PR" Open Space Recreation Zone.
j)
Shall require a development permit issued by the Designated Officer.
k) All containers must be constructed and finished with durable materials. The
Designated Officer may require that the appearance of the metal exposed to
public view from beyond the site be improved where, in their opinion,
such walls are inconsistent with the finishing materials or
characteristics of the surrounding development.
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17.24 Canvas Buildings and Portable Garages
1)
Excluding seasonal non-winter structures such as gazebos; canvas
buildings or other fabric-type buildings used as a storage building, shelter,
or carport, and larger than 11.15 sq. m. (120 sq. ft.) shall not be allowed
in any Residential Zoning Districts and shall only be used as an accessory
use in Industrial, Agricultural, Community Service and Mixed Use Zoning
Districts or the Commercial Resort and Commercial Highway Zones.
Canvas buildings will be considered conditional use in the Commercial
Centre zone.
17.25 Lots Adjacent to Stormwater Retention Areas
1)
If the property has been subject of a development agreement between
the Municipality and the owners of the lands, the yards required by those
agreements are not affected by the enactment of this By-law and
continue to apply to those lands until those agreements are terminated
by the parties. If the property has not been the subject of a development
agreement stating a specific minimum yard requirement from the
stormwater retention area, then the following minimum rear yards apply:
(a)
15. 24 m. (50.00 ft.) measured from the rear lot line to any
temporary use or structure and open swimming pool;
(b)
22.86 m. (75.00 ft.) from the rear lot line to any detached
accessory building; and
(c)
29.00 m. (95.00 ft.) from a rear lot line to any principal building.
17.26 Solar Collectors
1)
Solar collectors shall be considered a conditional accessory use in all
residential zoning districts and a permitted accessory use in all other
zoning districts. Solar collectors shall comply with the following
regulations:
a)
A roof or wall-mounted solar collector (total square footage) shall not
exceed that of surface (roof or wall) of the principal structure.
b)
A roof mounted solar collector on a pitched roof shall be
mounted flush to the roof surface and must not extend beyond
the outermost edge of the roof.
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c)
A roof mounted solar collector on a flat roof may only be
established in non-residential zoning districts and may project
above the roofline by a maximum of 1.9 metres (6.5 ft).
d)
A solar collector that is mounted on a wall must be located a
minimum of 2.4 m. (8.00 ft) above grade and may project a
maximum of 0.6 m. (2.00 ft) from the surface of that wall.
e)
Any solar collector not connected to a building shall be set back at least
3.0 m. (10 .00 ft) from a lot line, or 1/2 the height of the solar collector
structure, whichever is greater.
18.0 Parking and Loading
Parking and Loading Requirements
18.1 General
1)
When any new development is proposed, including a change of use of
existing development, or when any existing development is enlarged or
increased in capacity, then provision shall be made for off-street vehicular
parking or garage spaces in accordance with the regulations and standards
contained in this Section of the By-law as follows:
2)
Where a proposed use is not listed above, the parking regulation shall be
determined by Council which may either determine that the proposed use is
similar to one which is listed, or, if that is not the case, the Designated Officer
shall make his/her own determination as to the regulation.
3)
Where the parking space regulation is determined by reference to a unit
such as the number of bedrooms or seats, floor area, the next higher
number shall be required where the calculation results in a fractional
number of parking spaces.
4)
In the case of the multiple use of a site, the Designated Officer shall
calculate the parking required for each individual use and the total shall
be deemed to be the required parking for the site, unless the applicant
can demonstrate to the satisfaction of Council through a parking demand
study that there is a complementary use of the parking facilities which
would warrant a reduction in the parking regulations.
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18.2
Parking and Loading Development Standards
1)
Except as provided below, each required non-residential off-street parking
space shall be a minimum of 2.59 m. (8.50 ft.) in width, and a minimum of
5.49 m. (18.00 ft.) in length, exclusive of access drives or aisles, ramps, or
columns. Such spaces shall have a vertical clearance of at least 1.98 m. (6.50
ft.). For parallel parking, the length of the parking spaces which shall be
increased to 6.71 m. (22.00 ft.), except than an end space with an open end
shall be a minimum of 5.49 m. (18.00 ft.). For parking spaces other than parallel
parking spaces, up to 15.00 percent of the required parking spaces may be of a
length shorter than that required above, to a minimum of 4.58 m. (15.00 ft.)
Table 3
Off Street Parking Regulations
Use Class
Parking Spaces Required
Residential and Residential-Related Use Classes
Bed and Breakfast Home
Institutional Residence
Mobile Home Dwelling
Multiple Family Dwelling
Single Attached Dwelling
Single Family Dwelling
Semi-Detached Dwelling
Townhouse Dwelling
Two Family Dwelling
1.00/Sleeping Accommodation
1.00/each 2 Dwelling or Sleeping Units
1.00/Dwelling Unit
1.20/Dwelling Unit
1.00/Dwelling Unit
1.00/Dwelling Unit
1.00/Dwelling Unit
1.20/Dwelling Unit
1.00/Dwelling Unit
Commercial Use Classes
Hotel and Motel
Eating and Drinking Establishment
Convenience and General Retail Stores
All Other Commercial Establishments
1.00/Guest Room or Sleeping Unit
1.00/4 Seats or 1.00/9.29 sq. m. (100.00 sq. ft.) of floor
area, whichever is greater
1.00/18.60 sq. m. (200.00 sq. ft.) of floor area
1.00/23.20 sq m. (250.00 sq. ft.) of floor area
Industrial Use Classes
All Industrial Establishments
1.00/92.90 sq. m. (1,000.00 sq. ft.) of floor area or
1.00/5 employees, whichever is greater
Agricultural Use Classes
Agri-Business and Agricultural Implement Sales
and Service Establishments
1.00/92.90 sq. m. (1,000.00 sq. ft.) of floor area or
1.00/5 employees, whichever is greater
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Use Class
Parking Spaces Required
Community Services Use Classes
Indoor Participant Recreation Service, Religious
1.00/5 Seating spaces or 3.05 m. (10.00 ft.) of
Assembly, Outdoor Participant Recreation Service,
Private Club, Public Library and Cultural Exhibit, and
Community Recreation Service
bench space. Where there are no fixed seats,
1.00/each 9.29 sq. m. (100.00 sq. ft.) of floor area
devoted to the assembly room floor area
Extended Medical Treatment Service
2.00/Bed
Public and Private Education Service
1.50/Classroom, plus 1.00/each 9.29 sq. m.
(100.00 sq. ft.) of floor area devoted to public use
Government Service
1.00/51.10 sq. m. (550.00 sq. ft.) of floor area
Child Care Service
1.00/2 Employees
Funeral Service
1.00/5 Seating places
2)
Aisles shall be a minimum of 7.01 m. (23.00 ft.) wide for 90.00 degree
parking, 5.49 m. (18.00 ft.) wide for 60.00 degree parking, and 3.66 m. (12.00
ft.) wide for 45.00 degree and parallel parking.
3)
Except as otherwise provided for in this By-law, no parking spaces shall be within
the first 4.57 m. (15.00 ft.) of a required front yard.
4)
For Residential and Residential-Related Use Class developments, the
required parking spaces shall be wholly provided on the same site as the
principal building. For all other uses, the parking spaces shall be located not
more than 100.58 m. (330.00 ft.) from the principal building, unless
otherwise approved by Council. Such distance shall be measured along an
accessible public roadway from the nearest point of the parking area to the
nearest point of the site where the principal building or use is located.
5)
Every off-street parking and loading space provided or required in the CC:
Commercial Central or CH: Commercial Highway Zoning Districts shall be hard
surfaced if such area lies in front of the principal building.
6)
Every off-street parking and loading space provided or required in the CC:
Commercial Central, CH: Commercial Highway or MB: Industrial Business
Zoning District, including the access thereto, shall be hard surfaced if the
access is from a public roadway which is hard surfaced.
7)
Any area at the rear of the principal building provided or required for off-
street parking and loading space in the CC: Commercial Central, CH:
Commercial Highway, MB: Industrial Business or MG: Industrial General
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Zoning Districts need not be hard surfaced, but shall be of such a surface
that will minimize the carrying of dirt or foreign matter onto the public
roadway.
8)
Where off-street parking for fifty or more vehicles is provided at grade on
a site, there shall be landscaped open space within the parking area.
Landscaped open space in the parking areas shall be provided in the
minimum amount of 1.49 sq. m. (16.00 sq. ft.) for each parking space. The
required landscaping shall not be located in one area, and shall be placed
within the parking area so as to break up large areas of parking and to
provide visual relief.
9)
A parking area having eight or more parking spaces and which is visible
from an abutting site in a Residential District shall be fenced or have a
screen planting. The location, length, thickness and height of such fence
or screen planting shall be in accordance with the landscaping plan.
18.3
Accessible Parking Spaces
1)
Out of the total number of required off-street parking spaces, the owner
must provide a portion of those spaces so as to be accessible to persons with
disabilities. Each such space:
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(a)
the width of each required accessible space must be a least 3.05 m. (10.00
ft.); and for every 10 accessible parking spaces required to be provided, at
least 1 space must be a minimum of 2.44 m. (8.00 ft.) wide and must have
an adjacent loading and maneuvering area of at least 2.44 m. (8.00 ft.);
(b)
must be located within 60.96 m. (200.00 ft.) of major building
entrances used by residents, employees, or the public; and
(c)
must include signage reserving the space for the use by persons with
disabilities.
2)
At least 1 curb ramp must be located within 30.48 m. (100.00 ft.) of the auto
parking space closest to each entrance to a principal or accessory building
that is not a service entrance.
3)
Accessible parking space requirements are as follows:
Total Number
Of
Parking Spaces
Minimum Number
Of
Handicapped Stalls
1-25
1
25-50
2
51-75
3
75-100
4
101-150
5
151-200
6
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18.4 Off Street Loading
1)
When any new development is proposed including a change of use of existing
development, or when any existing development is, in the opinion of the
Designated Officer, substantially enlarged or increased in capacity, off-street
vehicular loading and unloading spaces shall be provided in accordance with the
following:
a) For all Commercial Use Class developments excluding Professional,
Financial and Office Support Services:
i) One space shall be required for less than 464.50 sq. m. (5,000.00 sq. ft.),
two spaces for 464.50 sq. m. (5,000.00 sq. ft.) to 1,486.40 sq. m.
(16,000.00 sq. ft.) and one space for each additional 2,322.50 sq. m
(25,000.00 sq. ft.).
b) For all Professional, Financial and Support Services, as well as all
Industrial, Basic Service, or Community, Educational, Recreational, and
Cultural Service Use Class developments:
i) One space shall be required for up to 2,787.00 sq. m
(30,000.00 sq. ft.) and one additional space up to a maximum of five
for each additional 3,716.00 sq. m (40,000.00 sq. ft.).
2)
All loading and unloading spaces shall be located on the site so that all materials
and commodities loaded or unloaded can be easily collected or distributed within
the site, to and from all tenants or occupants. Access shall be so arranged that no
backing or turning movements of vehicles going to or from the site causes
interference with traffic on the adjoining or abutting public roadways, lanes,
sidewalks, or boulevards.
3)
Loading and unloading spaces shall be of adequate size and with adequate access,
both to the satisfaction of the Designated Officer, to accommodate the types of
vehicles which will be loading and unloading, without those vehicles projecting into
a public roadway. In no case shall the space be less than 27.87 sq. m. (300.00 sq.
m.) or less than 2.59 m. (8.50 ft.) wide, or have less than 3.66 m. (12.00 ft.) of
overhead clearance.
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19.0 Signs
19.1 General
1)
No person shall erect a sign without first obtaining a development permit from the
Designated Officer and no development permit to erect a sign shall be issued unless
all the sign regulations of this By-law have been satisfied.
2)
Where regulations of this By-law are inconsistent with the regulations respecting
signs on or near public highways made or administered by Manitoba
Department of Infrastructure and Transportation, the more restrictive
regulations shall apply.
3)
Signs are considered accessory uses and shall be developed in accordance with Section
17.3 of this By-law.
4)
No sign shall be erected, operated, used or maintained which:
a) due to its position, shape, colour, format or illumination obstructs the view
of, or may be confused with, an official traffic sign, signal or device, as
determined by the Designated Officer or Council;
b) display lights resembling the flashing lights usually associated with danger or
those used by police, fire, ambulance and other emergency vehicles;
c) allows a swinging motion;
d) except for Community Service Clubs, Religious Assemblies, and General
Advertising Signs, is not related to any business upon the site where the sign
is located;
e) is located on a public right-of-way or sidewalk; and
f) contains a trademark or emblem other than a trademark or emblem that is
registered or copyrighted in the name of the applicant.
5)
Where a sign contravenes the regulations of this By-law, Council may, by notice in
writing, order the owner or the person responsible for the contravening sign to take such
measures as are specified in the notice to alter the sign so that it complies with the
regulations of this By-law, or remove the sign.
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19.2
Abandoned Signs
1)
Where a Designated Officer finds a sign to be abandoned, the Designated
Officer may, after resolution of the RM of Cartier Council, by notice in writing
or by registered mail, order the registered owner, the person in possession of
the site or building or the person responsible for the abandoned sign to
remove the sign within twenty days after receipt of the notice, or take such
measures as are specified in the notice to alter and refurbish the sign so that
it correctly identifies the business, or the products and services offered on the
site where the sign is displayed.
2)
Failure to remove abandoned or unlawful signs, or to comply with the
measures specified in the notice by the RM of Cartier Council, shall result in
the removal of the sign by the Municipality with the owner or the person
responsible for the contravening sign assuming liability for all removal costs.
19.3
General Sign Regulations
1)
Quality, aesthetic character, and finishing of sign construction shall be to the
satisfaction of the Designated Officer or the RM of Cartier Council.
2)
No signs shall be erected in the Residential District except those expressly
provided for in this Section of the By-law.
3)
Where the architectural design and appearance of a building facade for a
multiple business occupancy are uniform, signs or individual businesses located
on the same facade shall, in the opinion of the Designated Officer or the RM of
Cartier Council, be similar as to proportion, materials, and placement such that
they present a pleasing architectural appearance.
4) For the purposes of this Section of the By-law, where a lot is occupied by
more than one business (i.e. multiple occupancy) each business shall be
considered a separate business.
19.4
Canopy, Awning, Fascia and Freestanding Signs
1)
Fascia signs shall not have letters over 0.61 m. (2.00 ft.) high and which
exceed 80.00 percent of the building width.
2)
Free standing signs are limited to no more than one per lot, except on a
corner lot or through lot. The Designated Officer or the RM of Cartier Council
may allow more than one free standing sign if warranted by the circumstances.
3)
No canopy sign shall be erected over a public thoroughfare which:
a)
extends horizontally beyond a line drawn perpendicularly distant to
and 0.61 m. (2.00 ft.) in from the line of the curb;
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b)
extends more than 1.98 m. (6.50 ft.) over the public thoroughfare;
c)
is less than 3.05 m. (10.00 ft.) above the public thoroughfare
measured from the lowest portion of such canopy;
d)
is supported on posts or by braces, brackets or supports on or
extending over a public thoroughfare except where the braces, brackets
or supports are hidden from view and above the height of the roof line
of the canopy;
e)
is constructed in such a manner that drainage from the canopy falls on
any public thoroughfare.
4)
No awning sign shall be erected over a public thoroughfare that:
a)
extends more than 1.98 m. (6.506 ft.) over the public
thoroughfare;
b)
is less than 2.44 m. (8.00 ft.) above the public thoroughfare
measured from the lowest portion of the awning including any
fringe thereupon; or
c)
is supported by pillars or posts or by braces, brackets or supports on
or extending over such public thoroughfare except where the braces,
brackets or supports are hidden and above the height of the roof line
of the awning.
19.5
Portable (Mobile) Signs
1)
Notwithstanding anything elsewhere contained in this By-law, the
following regulations shall apply to portable signs:
a)
portable signs are only allowed in the CC: Commercial Central, CH:
Commercial, MB: Industrial Business or MG: Industrial General Zoning
Districts;
b)
a portable sign shall not be located, erected, placed or displayed on
any site until a permit which outlines the sign identification number
and expiry date, has been issued by the Designated Officer;
c)
the portable sign shall be removed from the site upon the expiry
date of the portable sign permit;
d)
the maximum sign surface area of a portable sign is 4.65 sq. m.
(50.00 sq. ft.);
e)
there shall be no more than one portable sign per lot, except that for
a lot with multiple occupancy there can be a maximum of two
portable signs. Where there is more than one portable sign, the signs
shall be a minimum of 19.81 m. (65.00 ft.) apart;
f)
a portable sign shall comply with the yard regulations of the Zoning
District within which it is located;
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g)
any flashing or scintillating portable signs shall not be located
within 60.96 m. (200.00 ft.) of a Residential Zoning District
boundary;
h)
no portable sign shall be placed in such a way that it may interfere
with, obstruct the view of, or be confused with an authorized traffic
signal, warning sign or other regulatory or informational device, and in
no circumstances shall it be located within 3.05 m. (10.00 ft.) from the
nearest part of any exit or entrance driveway;
i)
the maximum height of a portable sign shall be 3.05 m. (10.00 ft.)
measured from grade to the highest part of the sign;
j)
the maximum permitted duration for a portable sign on a site is
ninety consecutive days per calendar year;
k)
each business on a site with multiple occupancy shall be allowed to
have one portable sign on the site for a maximum permitted duration of
ninety consecutive days per calendar year; and
l)
the applicant for the portable sign shall pay the applicable fees, sign a
letter indicating that they will comply with these regulations, and agree
to a date that the portable sign will be removed, and
m)
no portable sign shall be permitted on the same lot as an
electronic reader board sign.
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TABLE 4
Sign Regulations
Use Class
Types of Signs
Maximum
Sign Area
Maximum
Sign Height
Residential and
Identification
0.37 sq. m. (4.00 sq. ft.)
3.05 m. (10.00 ft.)
Residential-Related
Real Estate
1.49 sq. m. (16.00 sq. ft.)
6.10 m. (20.00 ft.)
Agricultural and
Identification
2.97 sq. m. (32.00 sq. ft.)
10.67 m. (35.00 ft.)
Natural Resource
Real Estate
1.49 sq. m. (16.00 sq. ft.)
6.10 m. (20.00 ft.)
Commercial and
Business Identification
25.00 percent of the building face
10.67 m. (35.00 ft.)
Industrial
(if attached to a building
only)
for each business (with only the front wall of the
building facing the public street being eligible), to a
maximum of 18.58 sq. m.
(200.00 sq. ft.) for single occupancy and a
combined maximum of 55.74 sq. m.
(600.00 sq. ft.) for multiple occupancy
Business
Identification (if
free standing only)
18.58 sq. m. (200.00 sq. ft.) for a single occupancy
site and 83.61 sq. m. (900.00 sq. ft.) for a multiple
occupancy site
10.67 m. (35.00 ft.)
Business Identification
(if attached to a
building and free
standing)
37.16 sq. m. (400.00 sq. ft.) for a single occupancy
site, 55.74 sq. m. (600.00 sq. ft.) for a multiple
occupancy site of two businesses, 74.32 sq. m.
(800.00 sq. ft.) for a multiple occupancy site of three
businesses and 92.90 sq. m.
10.67 m. (35.00 ft.)
(1,000.00 sq. ft.) for a multiple occupancy site
of more than 3 businesses
Real Estate
2.97 sq. m. (32.00 sq. ft.)
6.10 m. (20.00 ft.)
Community Services
Identification Sign
(if attached to a building
or free standing)
2.32 sq. m. (25.00 sq. ft.) if the site abuts the site of
a Residential Use Class development and 4.65 sq.
m. (50.00 sq. ft.) in other
10.67 m. (35.00 ft.)
Zoning Districts
Real Estate
1.49 sq. m. (16.00 sq. ft.)
6.10 m. (20.00 ft.)
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19.6
Temporary Signs
1)
Notwithstanding anything elsewhere contained in this By-law, the
following regulations shall apply to a temporary sign that provides
information dealing with a land development project:
a)
the maximum sign surface area is 13.94 sq. m. (150.00 sq. ft.);
b)
the sign shall comply with the yard regulations of the Zoning
District within which it is located;
c)
the sign shall be placed in such a way that it will not interfere with,
obstruct the view of, or be confused with an authorized traffic signal,
warning sign or other regulatory or informational device, and in no
circumstances shall it be located within 3.05 m. (10.00 ft.) from the
nearest part of any exit or entrance driveway;
d)
the sign is only allowed to be placed at the location of the land
development project;
e)
the sign shall be removed within thirty days of the last sale of any lots
or buildings or at the discretion of the Designated Officer; and
f)
the applicant shall pay the applicable fees and sign a letter
indicating that they will comply with these regulations.
2)
Notwithstanding anything elsewhere contained in this By-law, the
following regulations shall apply to other temporary signs:
a)
the maximum sign surface area shall be 4.65 sq. m. (50.00 sq. ft.);
b)
the sign shall comply with the yard regulations of the Zoning
District within which it is located;
c)
the sign shall be placed in such a way that it will not interfere with an
authorized traffic signal, warning sign or other regulatory or
informational device, and in no circumstances shall it be located
within 3.05 m. (10.00 ft.) from the nearest part of any exit or entrance
driveway;
d)
the sign shall be removed within seven days after the date of the
advertised community event or at the discretion of the Designated
Officer; and
e)
the applicant shall pay the applicable fees and sign a letter
indicating that they will comply with these regulations.
139
PART V
DEVELOPMENT REGULATIONS
19.7
Advertising Signs
1)
Advertising signs shall comply with the following regulations:
a)
The maximum sign surface area shall be 37.16 sq. m. (400.00 sq. ft.);
b)
The maximum sign height shall be 10.67 m. (35.00 ft.);
c)
No advertising sign shall be placed in such a way that it will interfere with an
authorized traffic signal, warning sign or other regulatory or informational
device as determined by the Designated Officer;
d)
Any changes to the copy area of an advertising sign shall require a new
conditional use hearing;
e)
No advertising sign shall be placed within 304.80 m. (1,000.00 ft.) of another
authorized general advertising sign;
f)
General advertising signs are conditional anywhere within the
municipality
g)
All un-cultivated lands within 9.14 m. (30.00 ft.) of an advertising sign shall
be kept in a neat and tidy condition as determined by the Designated
Officer including removing any refuse and keeping the grounds weed free.
The Owner of the advertising sign shall provide a performance bond or
letter of credit to the Municipality for $1,000.00 to ensure that the site is
kept neat and tidy. If the site is not kept neat and tidy the Municipality at
its sole discretion can use the performance bond or letter of credit to
remove the advertising sign from the site;
h)
Council may impose additional conditions on the installation of a advertising
sign deemed necessary to protect adjacent sites and the public welfare; and
i)
Advertising signs shall also comply with all regulations of The Highways
Protection Act and The Highways and Transportation Act.
j)
any abandoned advertising sign shall be deemed unsightly and must be
removed at the property owners expense.
20.0 Performance Standards
20.1
Performance Standards for Industrial Use Class Developments
20.1.1
Applicability
All Industrial Use Class developments shall comply with the performance
standards of this Section of the By-law and other requirements in applicable
Federal, Provincial or Municipal legislation. Where in the opinion of the
Designated Officer, a use may not comply with the said performance standards or
requirements, he/she may require that the applicant submit a statement from a
140
PART V
DEVELOPMENT REGULATIONS
Certified Professional Engineer of Manitoba confirming that the proposed use satisfies
the said performance standards or requirements.
20.1.2
Emission of Air and Water Contaminants
1)
No operations or activity shall emit air and water contaminants in excess
of the standards prescribed by the Province of Manitoba pursuant to The
Environment Act and the regulations pertaining thereto.
20.1.3
Noise
1)
No activity or operation shall cause, or permit to be caused, a noise level
at or inside the lot line of a site in a Residential Zoning District which exceeds
the regulations of the Province of Manitoba pursuant to The Environment Act
and regulations pertaining thereto, or applicable municipal noise by-laws or
regulations.
20.1.4
Appearance
1)
All Industrial Use Class developments in the MB: Industrial Business Zoning
District shall comply with the following appearance standards:
a)
All loading, service, trash collection and accessory storage areas, and
trucking yards shall be located to the rear or sides of the principal
building, and shall be screened from view from any public roadway
and from adjacent sites, by building walls, landscape materials,
berms, fences or a combination thereof, from the ground to a height
of 1.98 m. (6.50 ft.).
b)
The Designated Officer may require that exposed projections outside
the building such as mechanical and electrical equipment,
transformer ducts, and materials handling equipment be screened
from view from any public roadway, or from adjacent sites if, in
his/her opinion, such projections are inconsistent with the character
and appearance of surrounding development or the intended visual
qualities of the said Zoning District.
c)
All buildings shall be constructed and finished with durable materials
designed to maintain the initial appearance of the development
throughout the life of the project. The Designated Officer may
require that the appearance of metal, or concrete block walls
exposed to public view from beyond the site be improved where, in
his/her opinion, such walls are inconsistent with the finishing
materials or appearance characteristic of surrounding development.
141
PART V
DEVELOPMENT REGULATIONS
2)
Any use or activity in the MG: Industrial General Zoning District shall
comply with the following appearance standards:
a)
All outdoor service, assembly, trash collection and storage areas
including the trucking yards associated with such activities shall
be located to the rear or sides of the principal building. Loading
and trash collection facilities serving office, warehouse and
similar developments, where the handling or assembly of goods
is carried on within a building, shall be allowed to the rear, sides
or front of the principal building.
b)
Outside display areas are permitted to the side or front of the
principal building, provided that such displays are limited to
examples of equipment or material related to the industry or
business located on the site.
20.2
General Performance Standards for Residential Use Class Developments
Residential uses shall comply with the following standards:
1)
In any development, the design, use of exterior finishing materials and
construction shall be to the satisfaction of the Designated Officer or RM of
Cartier Council who shall require, as far as reasonably practicable, that
materials will be used which ensure that the standard of the buildings will
be similar to, or better than, the standard of surrounding development.
2)
The Designated Officer or RM of Cartier Council may require that the
appearance of walls exposed to public view from beyond the site be
improved where the appearance of such walls is inconsistent with the
finishing standards of surrounding development.
3)
Vacant residential lots shall not be used for general/temporary storage of
household items, vehicles and trailers. The exception would be that 1 personal
boat, travel trailer or utility trailer may be stored.
4)
Residential fencing shall be built similar to, or better than standard of
surrounding development.
20.3
General Performance Standards for Commercial Use Class Developments
Commercial uses shall comply with the following standards:
1)
All commercial developments:
a)
shall be designed to:
i)
convey an image of cohesive appearance and architectural
character;
142
PART V
DEVELOPMENT REGULATIONS
ii)
ensure that offices, reception and public use areas are easily
identifiable and visible from the public roadway; and
b)
shall be constructed and finished with durable materials to maintain
the initial appearance of the development throughout the life of the
project.
2)
The Designated Officer or RM of Cartier Council may require that the
appearance of walls exposed to public view from beyond the site of a
commercial development be combined with other materials where, in
his/her or the RM of Cartier Council's opinion, such walls are inconsistent
with the finishing materials or appearance characteristics of surrounding
developments.
3)
The location of the principal building on a site of a commercial
development shall take into account:
a)
the setbacks and building placements on adjacent sites; and
b)
the micro-climatic effects including shading of adjacent buildings or
sites.
4)
Garbage collection, loading, storage or outdoor service areas for
commercial developments shall be developed in accordance with Section
17.14 (9) of this By-law and the following:
a)
All outdoor storage shall be related to the business on the site.
b)
There shall be no outdoor storage of objects or chattels which, in the
opinion of the Designated Officer or RM of Cartier Council are
unsightly or adversely affect the character or appearance of the site or
surrounding developments.
143
Part VI - Zoning Maps
; I
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Li
12.:J-W
2
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34
35
36
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28
27
2 6
RM of Cartier
Zoning By-Law
No. 1658-18
Map 2:
St. Eustache
Office Consolidation Version
up to and including
Amendment By-Law 1709-23
updated February 2024
Zones
AG - Agricultural General
- AL - Agricultural Limited
- CC - Commercial Central
- HZ - Holding Zone
MB - Industrial Business
- MG - Industrial General
- I - Institutional
- PR - Open Space Recreation
G RM - Residential Multiple Family
RS - Residential Single Family
-RR2 - Rural Residential
H:::.} Municipal Boundary
Provincial Trunk Highway
Provincial Road
.____ _ _.I Assessment Parcels
0
0
0.25
0.25
Miles
0.5
Kilometres
0.5
Manitoba
Department of Municipal Relations
Community and Regional Planning
AG
15
AG
3
34
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AL
RS
AL
248
35 10-3-W
18
AL
AG
7
12
11-2-W
6
AL
AG
36
10-2-W 31
RM of Cartier
Zoning By-Law
No. 1658-18
Map 3:
ELIE
Office Consolidation Version up
to and including
Amendment By-Law 1709-23
updated February 2024
Zones
AG _ Agricultural General
AL - Agricultural Limited
Ill) cc _ Commercial Central
- CH _ Commercial Highway
D HZ - Holding Zone
MB _ Industrial Business
- MG - Industrial General
- I - Institutional
- PR _ Open Space Recreation
RM _ Residential Multiple Family
RS - Residential Single Family
RV - Residential Village
- RR1- Rural Residential
RR2 - Rural Residential
Other Features
-
0
Water Bodies
Assessment Parcels
Municipal Boundary
Provincial Trunk Highway
Provincial Road
TransCanada Highway
0
0.25
Miles
0.25
0.5
Kilometres
0.5
$
Manitoba
Municipal RelatiJns
Community Planning
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RURAL MUNICIPALITY OF MACDONALD
AG
AL
36
RM of Cartier
Zoning By-Law
No.1658-18
Map 5:
Springstein
Zones
D
D AG - Agricultural General
0 AL - Agricultural Limited HZ
- Holding Zone
I - Institutional
D PR - Open Space Recreation
D RV - Residential Village
MB - Industrial Business
Municipal Boundary
-
Provincial Trunk Highway
Provincial Road
Water Features
C=:J Assessment Parcels
Office Consolidation Version
up to and including
Amendment By-Law 1709-23
updated February 2024
0 250 500
0 100 200
Feet
1,000
1,500
400
Metres
600
Manitoba
Department of Municipal Relations
Community and Regional Planning
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424
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RURAL MUNICIPALITY
OF ST. FRAN<;:01S XAVIER
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RM of Cartier
Zoning By-Law
No. 1658-18
Map 6:
Lido Plage
Office Consolidation Version up
to and including Amendment By-
Law 1709-23
updated February 2024
Zones
D AG -Agricultural General
D AL -Agricultural Limited
D HZ - Holding Zone
- MG - Industrial General
- PR - Open Space Recreation
RR2 - Rural Residential
- RR5 - Rural Residential
E7ZZJ Sensitive Lands Overlay
Water Bodies
D Assessment Parcels
---1
Municipal Boundary
-
Provincial Trunk Highway
Provincial Road
-
TransCanada Highway
-
Provincial Park
0
0.25
Miles
0
0.25
0.5
0.5
Kilometres
Manitoba
Municipal Relations
Community Planning
APPENDIX 'A'
ZONING DISTRICTS TABLE
150
APPENDIX A: ZONING DISTRICTS TABLE
RM of Cartier Zoning By-Law 1658-18
(office consolidation includes By-Law 1709-23)
Residential Zoning Districts
RS
Residential Single Family (Urban)
To accommodate serviced single family dwellings, two-family dwellings and
associated or compatible uses in an urban setting.
RS1
Residential Single Family
(Urban Neighbourhood)
To accommodate serviced single family dwellings, two-family dwellings and
associated or compatible uses in an urban setting.
RV
Residential Single Family
(Village)
To accommodate single family or two family dwellings and associated or
compatible uses in a village setting, or in rural residential areas serviced by
municipal wastewater sewers.
RR1
Rural Residential
To accommodate single family dwellings and associated or compatible uses in a
rural setting.
RR2
Rural Residential
To accommodate single family dwellings and associated or compatible uses in a
rural setting.
RR5
Rural Residential
To accommodate single family dwellings and associated or compatible uses in a
rural setting.
RC
Residential Comprehensive
To accommodate residential housing units and associated or compatible uses as
part of a planned unit development that may be further regulated through various
site development and condominium agreements.
RM
Residential Multiple Family
To accommodate multiple family dwellings, townhouse dwellings and two-family
dwellings as well as associated or compatible uses.
RMH
Residential Mobile Home
To accommodate the development and placement of mobile home dwellings and
associated or compatible uses.
Commercial Zoning Districts
CC
Commercial Central
To accommodate commercial, residential, office and service uses within the central
commercial areas of the urban and village centres.
CR
Commercial Resort
To accommodate commercial recreation, tourism and resort developments.
CH
Commercial Highway
To accommodate high quality commercial development along major roadways.
Industrial Zoning Districts
MB
Industrial Business
Provides land for the careful siting of light manufacturing, processing, servicing,
warehouse, wholesale and distribution operations and associated office uses in a
planned setting. Uses may include offices, personal service storefronts and retail
uses.
MG
Industrial General
Provides land for the development of general industrial and other low impact
industrial uses including processing, storage, warehousing, utilities that generally
may require larger site areas than normally provided in the MB - Industrial
Business Zone.
Agricultural Zoning Districts
AL
Agriculture Limited
To accommodate limited agricultural and rural activities in proximity to residential or
other sensitive areas.
AG
Agricultural General
To accommodate general agricultural uses or other rural uses that are related to or
compatible with agriculture within the Planning District.
Community Service Zoning Districts
PR
Open Space Recreation
To accommodate active and passive recreational uses and landscaped buffers.
I
Institutional
To accommodate public and privately owned facilities of an institutional,
governance or community service nature.
HZ
Holding Zone
To protect land for future community growth for residential, commercial, industrial,
institutional, or other related development.
Mixed Use Zoning Districts
LCR
Local Commercial - Residential
To accommodate and regulate the development of small scale business operations
and single family dwellings where residents can operate a business and reside in
the same location.
APPENDIX 'B'
PERMITTED AND CONDITIONAL USE TABLE
152
(1) Accessory uses, buildings and structures incidental to a principal use are permitted in all Zoning Districts
(2) Only if no suitable site is available in a Settlement Centre or Business Area or other appropriately zoned area
(3) These uses are only allowed if accessory to an active farming operation
(4) For the area identified as "AG-1" on the zoning map, Storage General is a permitted use
(5) A dwelling in a "MG" Industrial Zone shall be occupied by a property owner, employee or caretaker directly involved with the industry on the site.
APPENDIX B:
PERMITTED & CONDITIONAL USE TABLE
RM of Cartier Zoning By-Law 1658-18 (office consolidation includes By-Law 1709-23)
P - Permitted Use
C - Conditional Use
Residential
Commercial
Industrial
Agricultural
Community
Mixed
Use
Use
Specific
Standards
Use Classes (1)(2)
RS RS1 RV RR1 RR2 RR5 RC
RM RMH CC
CR
CH
MB MG
AL
AG
PR
I
HZ
LCR
Agricultural Use Class
Abattoir
C
Agri-Business
C
C
P
C
P
Agricultural Activities
P
P
P
Agricultural Crop Protection Warehouse
C
C
C
C
C
Agricultural Implement Sales and Service
P
P
P
C
P
C
Agricultural Product Storage
C
P
C
P
Agricultural Support Industry
C
P
C
Anhydrous Ammonia
C
Sec. 16.2
Apiaries
C
P
P
Sec. 15.4
Communal Farm Dwelling
C
P
Composting
C
P
C
C
Equestrian Establishment
C
P
C
Exotic/Restricted Animal
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Farm Produce Outlet
C
C
C
C
C
C
Farmstead Dwelling
P
P
P
Game Farm with Less Than 10 A.U.
C
General Industrial and Business
Farm Diversification Operations
C
P
Livestock Operation Less Than 300 A.U.
P
Livestock Operation 300 A.U. or More
C
Sec. 16.8
Non-Commercial Farm
C
P
P
C
Sec. 16.11
Not for Profit Agricultural Operation
P
P
C
Private Lagoon
C
C
C
Specialized Agriculture
P
P
C
C
Vacation Farm Operation
C
C
C
APPENDIX B:
PERMITTED & CONDITIONAL USE TABLE
RM of Cartier Zoning By-Law 1658-18
(office consolidation includes By-Law 1709-23)
P - Permitted Use
C - Conditional Use
Residential
Commercial
Industrial
Agricultural
Community
Mixed
Use
Use
Specific
Standards
Use Classes (1)(2)
RS RS1 RV RR1 RR2 RR5 RC
RM RMH CC
CR
CH
MB
MG
AL
AG
PR
I
HZ
LCR
Commercial Use Class
Aircraft Landing Field
C
C
C
Airport and Associated Facilities
C
Amusement Establishment
C
C
C
C
C
Animal Shelter and Veterinarian Service
C
C
C
P
P
P
C
Auctioneering Establishment
C
C
C
C (2) C (2)
Automotive Service and Equipment Repair Shop
C
C
C
P
C (2) C (2)
Automotive and Recreational Vehicle Sales
C
P
C
C
Broadcasting and Motion Picture Studio
C
C
C
C
Building Material Sales
C
C
P
P
Business Support Service
P
P
P
P
C
Car Broker
C
C
Sec. 16.4
Cannabis Store
C
C
Sec. 16.22
Carnival
C
C
C
C
C
C
Commercial Resort
C
C
Commercial School
P
P
P
P
Communication Uses
C
C
C
C
C
C
C
Contractor Service, General
C
C
P
C (3) C (3)
Contractor Service, Limited
P
P
P
C (3) C (3)
C
P
Contractor's Yard
C
C
P
C
C
C
Convenience Vehicle Rental
C
P
P
P
Custom Manufacturing Establishment
P
P
P
P
Drive-Through Food Service
C
P
P
P
Sec. 16.15
Eating and Drinking Establishment
C
P
P
P
P
Equipment Rental and Sales
C
C
P
P
Fleet Service
C
P
P
P
Funeral Service
C
C
P
P
C
C
C
Gas Bar
C
P
P
Sec. 16.15
Greenhouse, Plant & Tree Nursery
C
P
P
P
P
P
C
C
Health Service
C
P
P
P
P
P
(1) Accessory uses, buildings and structures incidental to a principal use are permitted in all Zoning Districts
(2) Only if no suitable site is available in a Settlement Centre or Business Area or other appropriately zoned area
(3) These uses are only allowed if accessory to an active farming operation
(4) For the area identified as "AG-1" on the zoning map, Storage General is a permitted use
(5) A dwelling in a "MG" Industrial Zone shall be occupied by a property owner, employee or caretaker directly involved with the industry on the site
(1) Accessory uses, buildings and structures incidental to a principal use are permitted in all Zoning Districts
(2) Only if no suitable site is available in a Settlement Centre or Business Area or other appropriately zoned area
(3) These uses are only allowed if accessory to an active farming operation
(4) For the area identified as "AG-1" on the zoning map, Storage General is a permitted use
(5) A dwelling in a "MG" Industrial Zone shall be occupied by a property owner, employee or caretaker directly involved with the industry on the site
APPENDIX B:
PERMITTED & CONDITIONAL USE TABLE
RM of Cartier Zoning By-Law 1658-18
(office consolidation includes By-Law 1709-23)
P - Permitted Use
C - Conditional Use
Residential
Commercial
Industrial
Agricultural
Community
Mixed
Use
Use
Specific
Standards
Use Classes (1)(2)
RS RS1 RV RR1 RR2 RR5 RC
RM RMH CC
CR
CH
MB
MG
AL
AG
PR
I
HZ
LCR
Commercial Use Class (cont'd)
Hotel
C
P
C
Household Repair Service
P
P
P
P
Mini-Warehouse and Self-Storage
C
P
P
P
Mobile Catering Food Service
P
P
P
P
C
C
Motel
C
P
C
Non-Accessory Parking
C
C
P
P
P
Outdoor Amusement Establishment
P
C
C
Personal Service Shop
C
P
P
P
P
P
Pet Cemetery
C
Private Club
C
C
C
C
C
Professional, Financial and Office Support Service
P
P
P
P
C (a)
P
Rapid Drive-Through Vehicle Service
C
P
P
P
Sec. 16.15
Recycling Depot
C
P
C
P
C
C
Research & Development Institution / Center
C
C
C
C
Retail Store, Convenience
C
P
P
P
P
Retail Store, General
C
P
P
C
C
Service Station
C
C
C
P
Sec. 16.15
Sign, Advertising
C
C
C
C
C
C
C
Small Animal Breeding/Boarding Establishment
C
P
C
C
C
P
C
Sec. 16.13
Spectator Entertainment Establishment
P
P
P
C
Storage, General
C
C
P
P
C (3) C (3)
P (4)
Storage, Temporary
C
P
C
P
C
C
Tourist Campsite
C
C
C
C
C
Truck & Mobile Home Sales/Rentals
C
C
P
Trucking Operation
P
C
P
Truck Stop
C
P
C
P
Warehouse Sales
C
P
P
P
APPENDIX B:
PERMITTED & CONDITIONAL USE TABLE
RM of Cartier Zoning By-Law 1658-18 (office consolidation includes By-Law 1709-23)
P - Permitted Use
C - Conditional Use
Residential
Commercial
Industrial
Agricultural
Community
Mixed
Use
Use
Specific
Standards
Use Classes (1)(2)
RS RS1 RV RR1 RR2 RR5 RC
RM RMH CC
CR
CH
MB
MG
AL
AG
PR
I
HZ
LCR
Community Services Use Class
Cemetery
C
C
C
C
C
Child Care Service
C
C
C
C
C
C
C
C
P
C
P
P
P
Community Recreation Service
P
P
P
P
P
P
P
P
C (3) C (3)
P
P
Community Service Club
P
P
P
P
P
P
P
P
P
P
Extended Medical Treatment Service
C
P
P
P
Government Service
C
P
C
P
P
P
C
C
P
P
Indoor Participant Recreation Service
C
C
C
P
P
P
P
P
P
C
Outdoor Participant Recreation Service
C
C
C
P
C
C
Private Education Service
P
P
P
C
C (2) C (2)
C
P
Protective and Emergency Service
C
C
C
C
C
C
P
P
P
P
C
C
P
P
P
P
Public Education Service
P
P
P
C
C (3) C (3)
C
P
Public Library and Cultural Exhibit
C
C
C
C
P
P
P
P
Public Park
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Public Utility Service
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Religious Assembly
C
C
C
C
C
C
C
C
C
C
C
C
C
C (3) C (3)
C
P
C
C
(1) Accessory uses, buildings and structures incidental to a principal use are permitted in all Zoning Districts
(2) Only if no suitable site is available in a Settlement Centre or Business Area or other appropriately zoned area
(3) These uses are only allowed if accessory to an active farming operation
(4) For the area identified as "AG-1" on the zoning map, Storage General is a permitted use
(5) A dwelling in a "MG" Industrial Zone shall be occupied by a property owner, employee or caretaker directly involved with the industry on the site
APPENDIX B:
PERMITTED & CONDITIONAL USE TABLE
RM of Cartier Zoning By-Law 1658-18 (office consolidation includes By-Law 1709-23
P - Permitted Use
C - Conditional Use
Residential
Commercial
Industrial
Agricultural
Community
Mixed
Use
Use
Specific
Standards
Use Classes (1)(2)
RS RS1 RV RR1 RR2 RR5 RC
RM RMH CC
CR
CH
MB MG
AL
AG
PR
I
HZ
LCR
Industrial Use Class
Bulk Storage Facility
C
C
Cannabis Cultivation, Cannabis Processing
C
C
C
C
Research & Development Institution / Center
C
C
C
C
General Industrial
C
P
C (2) C (2)
Industrial Vehicle and Equipment Sales/ Rentals
C
C
Light Industrial
C
C
P
P
C
Portable Asphalt Plant
C
C
Processing Use
C
C
Small Scale Industrial
C
C
Storage Compound
C
C (2) C (2)
Transport Terminal
C
C
C
Wayside Pit and Quarry
P
C
C
C
Sec. 16.16
Natural Resource
Development Use Class
RS RS1 RV RR1 RR2 RR5 RC RM RMH CC
CR
CH
MB MG
AL
AG
PR
I
HZ
LCR
Use
Specific
Standards
Forestry Use
C
C
Sec.16.10
Mineral Exploration
C
C
Sec.16.10
Natural Resource Development
C
C
Sec.16.10
Wildlife and Conservation Reserve
P
P
P
Sec.16.10
Wind Turbine Generating Station
C
C
C
Sec 16.19
Wind Turbine Personal Use
C
P
P
(1) Accessory uses, buildings and structures incidental to a principal use are permitted in all Zoning Districts
(2) Only if no suitable site is available in a Settlement Centre or Business Area or other appropriately zoned area
(3) These uses are only allowed if accessory to an active farming operation
(4) For the area identified as "AG-1" on the zoning map, Storage General is a permitted use
(5) A dwelling in a "MG" Industrial Zone shall be occupied by a property owner, employee or caretaker directly involved with the industry on the site
APPENDIX B:
PERMITTED & CONDITIONAL USE TABLE
RM of Cartier Zoning By-Law 1658-18 (office consolidation includes By-Law 1709-23)
P - Permitted Use
C - Conditional Use
Residential
Commercial
Industrial
Agricultural
Community
Mixed
Use
Use
Specific
Standards
Use Classes (1)(2)
RS RS1 RV RR1 RR2 RR5 RC
RM RMH CC
CR
CH
MB MG
AL
AG
PR
I
HZ
LCR
Residential Use Class
Duplex
C
C
C
P
C
P
Institutional Residence
C
C
C
P
P
P
Mobile Home Dwelling
P
C
C
Multiple Family Dwelling
P
C
Planned Unit Development, Residential
C
C
C
C
C
C
Sec. 16.12
Semi-Detached Dwelling
C
C
C
C
P
Single Attached Dwelling
C
P
Single Family Dwelling
P
P
P
P
P
P
P
C
P
P
C
P
Townhouse Dwelling
C
P
Residential Related Use Class
RS RS1 RV RR1 RR2 RR5 RC RM RMH CC
CR
CH
MB MG
AL
AG
PR
I
HZ
LCR
Use
Specific
Standards
Bed & Breakfast Home
C
C
C
P
P
P
C
C
C
P
Sec. 16.3
Care Home
C
C
C
C
C
C
C
C
C
C
Sec. 16.20
Farm Staff Housing
P
P
Group Home
C
C
C
C
C
C
C
C
C
C
Home Industry
C
C
C
P
P
Sec. 16.5
Home Occupation
C
C
C
C
C
C
C
C
C
C
C
C
C
Sec. 16.6
Secondary Suite
C
C
C
C
C
C
C
Sec. 16.18
Solar Collector
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Sec. 17.26
Temporary Additional Mobile Home Dwelling
C
Sec. 16.14
(1) Accessory uses, buildings and structures incidental to a principal use are permitted in all Zoning Districts
(2) Only if no suitable site is available in a Settlement Centre or Business Area or other appropriately zoned area
(3) These uses are only allowed if accessory to an active farming operation
(4) For the area identified as "AG-1" on the zoning map, Storage General is a permitted use
(5) A dwelling in a "MG" Industrial Zone shall be occupied by a property owner, employee or caretaker directly involved with the industry on the site
APPENDIX 'C'
BULK REGULATIONS TABLE
160
APPENDIX C: BULK REGULATIONS TABLE
RM of Cartier Zoning By-Law 1658-18 (office consolidation up to By-Law 1709-23)
Residential
Commercial
Industrial
Agricultural
Community
Service
Mixed
Use
RS
RS1
RV
RR1
RR2
RR5 RC (e) RM RMH
CR
CC
CH
MB
MG
AL
AG
PR
I
HZ
LCR
Use Classes
Res.
Ag. (g)
Other
(j)
Res.
Ag. (g)
Other
(j)
Permitted and Conditional Uses (f)
Site Area (min acres / sq. feet)
10, 000 6,250 15,000
1
2
5
1
(d)
10
2
10,000
1
80
2
80
2
20
2
Site Width (min feet)
80
50
100
150
200
300
125
100
200
200
100 100
100
100
600
200
600
200
100
300
200
Front Yard (min feet) (a)(b)
30
30
30
30
75
125
25
30
20
25
15
25
25
25
125
75
125
75
40
40
100
75
Side Yard (min feet) (b)
10
8
10
10
15
25
25
15
15
15
10
10
10
10
50
25
50
25
10
10
50
15
Corner Side Yard (min feet) (b)
15
12
15
15
15
25
25
20
15
25
15
15
15
15
50
50
25
15
15
15
Rear Yard (min feet) (b)
25
25
25
25
25
25
25
25
20
25
25
25
25
25
50
25
50
25
25
25
50
25
Building Height (max feet) (b)(c)
35
30
35
35
35
35
35
35
35
35
35
35
35
45
35
35
35
35
35
35
35
35
Dwelling Area (min sq. feet)
1,000
700
1,000
1,000 1,000 1,000
900
400
500
1,000
Site Coverage (max percent)
40
40
20
10
7.5
5
45
60
40
50
60
60
7.5
Dwelling Width (min feet)
28
20
28
28
28
28
28
28
Accessory Uses,
Buildings and
Structures (h)
RS
RS1
RV
RR1
RR2
RR5 RC (e) RM RMH
CR
CC
CH
MB
MG
Res.
Ag. (g)
Other
(j)
Res.
Ag. (g)
Other
(j)
PR
I
HZ
LCR
Front Yard (min feet) (a)(b)
30
30
30
30
40
40
22
30
20
25
15
25
20
20
125
75
125
75
30
40
100
40
Rear Yard (min feet) (a)(b)
5
10
10
10
10
10
15
10
10
10
15
10
10
50
25
50
25
25
10
50
10
Side Yard (min feet) (b)
5
10
10
15
25
4
10
4
10
5
10
5
10
50
25
50
25
10
10
50
15
Corner Side Yard (min feet) (b)
10
15
15
15
25
10
15
10
15
10
15
15
15
50
25
50
25
15
15
15
Building Height (max feet) (c)
18
18
18
18
18
18
18
18
20
20
20
10
25
65
65
65
65
20
20
20
18
Site Coverage (max percent)
10
Building Area (max sq. feet)
800
800
1,500 2,000 2,000
800
2,000
(a) Unless otherwise provided, front yards shall be as follows: 125 ft if frontage on PTH 1 and PTH 26; 75 ft on all other Provincial Roads.
(b) See also Section 17.21 Special Setbacks.
(c ) Where the maximum height is 35 feet, any structure shall also not exceed 2.5 storeys.
(d) The minimum site area shall be 10,000 square feet for the first four dwelling units and 1,000 square feet for each additional unit.
(e) The maximum gross density shall be 12.36 dwellings per hectare (5.00 dwellings per acre).
(f) See also Section 16.0 for Special Use regulations.
(g) Res. = Residential Use Class: Ag. = Agriculture Use Class
(h) See also Section 17.2 & 17.3 for additional regulations related to Accessory Uses.
(i) Notwithstanding other provisions of this By-law, farm buildings and farm related facilities, as determined by the Designated Officer shall have a maximum height limit of 19.81 m.( 65.00 ft)
(j) Other refers to utilities such as telecommunication towers and pedestals only
5
5
10
18
550
APPENDIX 'D'
ANIMAL UNITS CONVERSION TABLE
162
APPENDIX D: Animal Units Conversion Table
RM of Cartier Zoning By-Law 1658-18
(office consolidation up to By-Law 1709-23)
Livestock
A.U. (Animal unit)
A.U. Produced by
One Livestock
Livestock Producing
One A.U.
Dairy
Milking Cows, including associated livestock
2.000
0.50
Beef
Beef cows, including associated livestock
1.250
0.80
Backgrounder
0.500
2.00
Summer Pasture/Replacement Heifers
0.625
1.60
Feedlot Cattle
0.769
1.30
Hogs
Sows, farrow to finish
1.250
0.80
Sows, farrow to weanling
0.250
4.00
Sows, farrow to nursery
0.313
3.20
Weanlings
0.033
30.00
Growers/Finishers
0.143
7.00
Boars
0.200
5.00
Chickens
Broilers
0.0050
200.00
Roasters
0.0100
100.00
Layers
0.0083
120.00
Pullets
0.0033
300.00
Broiler Breeder Pullets
0.0033
300.00
Broiler Breeder Hens
0.010
100.00
Turkeys
Broilers
0.010
100.00
Heavy Toms
0.020
50.00
Heavy Hens
0.010
100.00
Horses
Mares, including associated livestock
1.333
0.75
Sheep
Ewes, including associated livestock
0.200
5.00
Feeder Lambs
0.063
16.00
Goats
Goats
0.140
7.00
For livestock or operation type not listed here check with the
Provincial agricultural engineer or livestock specialist