Rural Municipality of Dauphin, Manitoba
· adopted 2022-10-24
This is the exact embedded text of the captured official document.
Snapshot a148da803179 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
RURAL MUNICIPALIT/ OF DAUPHIN
BY-LAW NO. 3042
A by-law of the Rural Municipality of Dauphin to regulate the use and development of land.
WHEREAS, Section 68 of The Planning Act requires a municipality to adopt a zoning by-law that is generally
consistent with the development plan by-law in effect in the municipality;
AND WHEREAS, under Part 4 Division 1 of The Planning Act, the Lakeshore Planning District has, by by-law,
adopted the Lakeshore Planning District Development Plan;
NOW THEREFORE, the Council of the Rural Municipality of Dauphin in meeting duly assembled, enacts as
follows:
The Zoning By-law No. 3042 attached is hereby adopted
The By-law shall be known as the Rural Municipality of Dauphin Zoning By-law
By-law No. 2807, as amended, is repealed
This By-law shall come into force on October 24, 2022
DONE AND PASSED in Council duly assembled at the Rural Municipality of Dauphin, Manitoba, this 24 of
October, 2022.
^
f.
Reeve
Assistant-^dfninistrator
READ A FIRST TIME this June day of 28, 2022.
READ A SECOND TIME this 24 day of October, 2022.
READ A THIRD TIME this 24 day of October, 2022.
For:
Against:
Absent:
Abstained:
Ronald E. Ryz
David Johnston
Dennis Forbes
Don Seeley
Jack Bremner
Midge Sametz
Tom Gibbs
RURAL MUNICIPALIT/ OF DAUPHIN
ZONING BY-LAW
By-law No. 3042
October 24, 2022
i
HOW TO USE THIS ZONING BY-LAW
This Zoning By-law regulates the use, size, height, and location of buildings on properties within the Municipality.
There is a simple four-step process to determine the uses and structures that are permitted on a specific piece of
property.
STEP ONE WHAT ZONE IS YOUR PROPERTY LOCATED IN?
-
Use the Zoning Map in Schedule A to determine the zoning for your property.
-
Reference Part 3: Zones for a description of the intent of that particular zone.
-
Look in the Development Plan and any Secondary Plan that applies to your property to confirm your
proposal fits with the applicable policies in those documents.
STEP TWO WHAT USES ARE PERMITTED IN YOUR ZONE?
-
Find the column with the zone of your property in the Use Table in Part 3: Zones.
-
Uses marked with the letter P are permitted uses and may be developed once you have received a
development permit.
-
Uses marked with the letter C are conditional uses that may or may not be acceptable in a zone depending
on the particular circumstances of a proposed development. Conditional uses require a public hearing
process and may have extra conditions imposed on the use to make it acceptable for the location. Uses not
listed in the table will require an amendment to the Zoning By-law.
-
Uses marked with use-specific requirements are provided in Part 4: Use-Specific Standards.
STEP THREE HOW AND WHERE CAN YOU DEVELOP PROPERTIES IN YOUR ZONE?
-
Find the column with the zone of your property in the Dimensional Standards Table in Part 3: Zones.
-
The Dimensional Standards Table provides information on allowable height of buildings and structures,
required yards, and other spatial requirements for a property.
-
To understand the specific details of these requirements, you may need to reference Part 2: General
Regulations and Part 6: Definitions.
STEP FOUR WHAT KIND OF PERMITS DO YOU NEED?
-
In most cases, you will need a development permit before you start any change in land use or any
development (including construction of a building, demolition, additions, major landscaping) on a property.
-
Check Part 5: Administration to see if your planned development is exempt from needing a development
permit. If so, you may proceed with development, as long as it meets the other requirements in this By-law
and other applicable by-laws.
-
If you need a development permit, fill out a permit application.
-
You are responsible for finding out any other provincial or federal regulations applying to your
development, as well as any other required local permits, including building permits.
ii
HOW TO USE THIS ZONING BY-LAW ........................................................................................... I
PART 1: APPLICABILITY AND SCOPE ............................................................................................ 1
1.1 Title ......................................................................................................................................................................... 1
1.2 Scope ....................................................................................................................................................................... 1
1.3 Application .............................................................................................................................................................. 1
1.4 Intent ...................................................................................................................................................................... 1
1.5 Use and Development of Land and Buildings Must Comply ................................................................................... 1
1.6 Restrictions in Other By-laws or Federal and Provincial Laws ................................................................................ 1
1.7 Does Not Promote Nuisance ................................................................................................................................... 2
1.8 Rules of Interpretation ............................................................................................................................................ 2
1.9 Public Utilities ......................................................................................................................................................... 2
PART 2: GENERAL REGULATIONS ................................................................................................. 3
2.1 Regulation of Uses .................................................................................................................................................. 3
2.2 Multiple Uses or Provisions .................................................................................................................................... 3
2.3 Accessory Uses and Structures ............................................................................................................................... 3
2.4 Temporary Buildings, Structures, or Uses ............................................................................................................... 4
2.5 Number of Buildings Permitted Per Site ................................................................................................................. 4
2.6 Separation of Principal Building and Any Other Building ....................................................................................... 4
2.7 Noxious or Offensive Uses ...................................................................................................................................... 4
2.8 Projections in Required Yards ................................................................................................................................. 4
2.9 Height Exception ..................................................................................................................................................... 5
2.10 Fences ................................................................................................................................................................... 5
2.11 Roads and Highways ............................................................................................................................................. 6
2.12 Railways ................................................................................................................................................................ 6
2.13 Public Aircraft Landing Areas ................................................................................................................................ 6
2.14 Parking .................................................................................................................................................................. 7
2.15 Signs ...................................................................................................................................................................... 8
2.16 Subdivisions .......................................................................................................................................................... 9
2.17 Site Areas and Yards ........................................................................................................................................... 10
2.18 Corner Vision Triangles ....................................................................................................................................... 12
2.19 Hazard Lands ....................................................................................................................................................... 12
2.20 Building Grade and Flooding ............................................................................................................................... 12
2.21 Riparian and Wetland Areas ............................................................................................................................... 13
2.22 Monuments and Statuaries ................................................................................................................................ 13
2.23 Building Removal ................................................................................................................................................ 13
PART 3: ZONES .................................................................................................................................... 14
3.1 Establishing Zones ................................................................................................................................................. 14
3.2 Permitted and Conditional Uses ........................................................................................................................... 15
3.3 Accessory Buildings and structures....................................................................................................................... 18
3.4 Temporary Uses, Buildings and Structures ........................................................................................................... 18
3.5 Dimensional Standards ......................................................................................................................................... 19
3.6 Special Dimensional Standards ............................................................................................................................. 22
PART 4: USE-SPECIFIC STANDARDS ........................................................................................ 23
4.1 Mutual Separation Distances ................................................................................................................................ 23
4.2 Animal Keeping ..................................................................................................................................................... 23
4.3 Bed and Breakfast ................................................................................................................................................. 24
4.4 Camping and Tenting Grounds ............................................................................................................................. 24
iii
4.5 Cannabis Sales ....................................................................................................................................................... 25
4.6 Community Garden ............................................................................................................................................... 25
4.7 Detached Garage .................................................................................................................................................. 25
4.8 Dwelling, Cottage .................................................................................................................................................. 25
4.9 Dwelling ................................................................................................................................................................ 25
4.10 Home Industry .................................................................................................................................................... 26
4.11 Home-Based Business ......................................................................................................................................... 26
4.12 Livestock Operations ........................................................................................................................................... 27
4.13 Mining and Extraction ......................................................................................................................................... 31
4.14 Mobile/Manufactured Homes ............................................................................................................................ 31
4.15 Mobile/Manufactured Home Park...................................................................................................................... 31
4.16 Planned Unit Development ................................................................................................................................. 32
4.17 Portable Garages................................................................................................................................................. 33
4.18 Secondary Suites ................................................................................................................................................. 33
4.19 Shipping Container .............................................................................................................................................. 33
4.20 Solar Collector ..................................................................................................................................................... 33
4.21 Swimming Pools and Hot Tubs............................................................................................................................ 34
4.22 Wind Energy Generating System Tower (Commercial) ...................................................................................... 34
4.23 Wind Energy Generating Systems (On-Site / Rooftop) ....................................................................................... 34
PART 5: ADMINISTRATION ............................................................................................................ 35
5.1 Administration and Enforcement ......................................................................................................................... 35
5.2 The Development Officer ...................................................................................................................................... 35
5.3 Roles of the Designated Officer ............................................................................................................................ 35
5.4 Development Permits ........................................................................................................................................... 35
5.5 Variances ............................................................................................................................................................... 37
5.6 Conditional Use ..................................................................................................................................................... 37
5.7 Zoning Memoranda .............................................................................................................................................. 38
5.8 Applications .......................................................................................................................................................... 38
5.9 Development Agreement ..................................................................................................................................... 38
5.10 Non-Conformity .................................................................................................................................................. 39
PART 6: DEFINITIONS ...................................................................................................................... 40
6.1 Definitions in The Planning Act ............................................................................................................................. 40
6.2 Definitions in this By-law ...................................................................................................................................... 40
SCHEDULE A: ZONING MAPS ....................................................................................................... 53
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
1
PART 1: APPLICABILITY AND SCOPE
1.1 TITLE
This By-law shall be known as the Rural Municipality of Dauphin Zoning By-law.
1.2 SCOPE
This By-law applies to all lands in the Municipality as indicated on Map 1 of Schedule A of this By-law.
1.3 APPLICATION
This By-law regulates:
a)
The construction, erection, alteration, enlargement or placing of buildings and structures.
b)
The establishment, alteration, or enlargement of uses of land, buildings, and structures.
c)
All other forms of development not included above.
1.4 INTENT
The regulations and provisions established by this By-Law are deemed necessary in order to:
a)
Implement the objectives and policies of the Lakeshore Planning District Development Plan.
b)
Define the powers and duties of the Council and Designated Officers in accordance with The
Planning Act.
c)
Regulate the following:
(i) All new buildings and structures.
(ii) All alterations, demolitions or relocations of existing buildings and structures.
(iii) All enlargements of existing buildings, structures or uses.
(iv) All changes in the use or intensity of use of buildings, structures, and land.
1.5 USE AND DEVELOPMENT OF LAND AND BUILDINGS MUST COMPLY
Within the Municipality, no land, building or structure shall be used or occupied, and no building or structure
shall be constructed, erected, altered, enlarged, or placed, except in accordance with this By-law.
1.6 RESTRICTIONS IN OTHER BY-LAWS OR FEDERAL AND PROVINCIAL LAWS
Whenever a provision of another by-law or a law or regulation of the provincial or federal government
contains a restriction governing the same subject matter contained in this By-law, or imposes inconsistent
regulations with respect to uses, buildings, or structures, the most restrictive or highest standard shall
prevail.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
2
1.7 DOES NOT PROMOTE NUISANCE
Nothing in this By-law or in a development permit, approval of a conditional use, variance order or other
approval issued under this By-law shall be construed as authorization for the carrying out of any activity
which is a nuisance due to noise, odour, emission, vibration, or other cause.
1.8 RULES OF INTERPRETATION
The following rules of interpretation shall apply to the text of this By-law:
a)
Words, phrases, and terms defined in this By-Law shall be given the defined meaning.
b)
Words, phrases, and terms not defined in this By-Law but defined in The Act or in the Building By-
law of the Municipality shall be construed as defined in such Act and By-laws.
c)
Words, phrases, and terms neither defined in this By-Law nor in The Act, or the Building By-law of
the Municipality shall be given their usual and customary meaning except where the context
clearly indicates a different meaning.
d)
Where any requirement of this By-law results in a fraction of a unit, a fraction of five tenths (5/10)
or more shall be considered a whole unit and a fraction of less than five tenths (5/10) shall be
disregarded.
e)
The words "shall" and "must" are mandatory and not permissive; the word "may" is permissive
and not mandatory.
f)
Words used in the singular include the plural and words used in the plural include the singular.
g)
Words used in the present tense include the future tense and words used in the future tense
include the present tense.
h)
The phrase "used for" includes "arranged for", "designed for", "maintained for" or "occupied for".
i)
The words "person" includes an individual, a corporation, a partnership, an incorporated
association, or any other similar entity.
j)
Unless the context clearly indicates the contrary, where a regulation involves two or more items,
conditions, provisions, or events connected by the conjunction "and", "or", "either-or", the
conjunction shall be interpreted as follows:
(i) "And" indicates that all the connected items, conditions, provisions, or events shall apply
in any combination.
(ii) "Or" indicates that the connected items, conditions, provisions, or events may apply singly
or in any combination.
(iii) "Either-or" indicates that the connected items, conditions, provisions, or events shall apply
singly but not in combination.
k)
The words "include" "includes" or "including" shall not limit a term to the specified examples, but
is intended to extend the meaning to all other instances or circumstances of like kind or character.
1.9 PUBLIC UTILITIES
This By-law shall be interpreted so as not to interfere with the construction, erection and location of a public
utility's works, plant, pipes, cables, or equipment.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
3
PART 2: GENERAL REGULATIONS
The following regulations shall apply to all use and development of land and buildings in the Municipality,
except where otherwise noted in this By-law.
2.1 REGULATION OF USES
No land, building or structure shall be used or occupied except for a use which:
a)
Is listed in the Use Table in Part 3 as:
(i) A Permitted Principal Use.
(ii) A Permitted Accessory Use.
(iii) A Conditional Principal Use, subject to approval as such.
(iv) A Conditional Accessory Use, subject to approval as such.
(v) A Temporary Use.
2.2 MULTIPLE USES OR PROVISIONS
a)
Where land, a building, or a structure is used for more than one purpose, all provisions of this By-
law relating to each use must be satisfied.
b)
Where more than one provision in this By-law is applicable, the higher or more stringent
requirement shall apply unless specified otherwise.
c)
An overall site containing a number of uses and buildings may be considered as a Planned Unit
Development, as per Section 4.16.
2.3 ACCESSORY USES AND STRUCTURES
No accessory use or structure shall be established, constructed, or erected, except those in compliance with
the following regulations:
a)
No accessory use or structure shall be established prior to the establishment of the principal use
of land, building or structure to which it is secondary.
b)
The area of land or buildings used or occupied for accessory uses on a site shall not exceed the
area of land or buildings respectively used or occupied by principal uses on the same site.
c)
No land, building, or structure shall be used or occupied for any accessory use after the use or
uses to which it is accessory have been discontinued.
d)
Where the accessory building or structure is attached to a principal building or structure, it shall
be subject to, and shall conform to, all regulations of this By-law applicable to the principal
building or structure.
e)
Where the accessory building or structure is detached from the principal building or structure, it
shall be subject to, and shall conform to, all regulations of this By-law applicable to accessory
buildings or structures.
f)
No accessory building or structure shall be constructed on any site prior to the time of
construction of the principal building to which it is accessory except where it is allowed by written
agreement from the Municipality.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
4
g)
An accessory building or structure shall not be used as a dwelling, except where otherwise
permitted in this By-law.
2.4 TEMPORARY BUILDINGS, STRUCTURES, OR USES
Temporary buildings, structures, or uses listed in Section 3.4 may be allowed on a non-permanent basis
subject to the issuance of a development permit under the following conditions:
a) Each development permit issued for a temporary building, structure or use shall be valid for a
period of not more than 12 months and may not be renewed for more than two successive periods
at the same location, unless approved so by the Designated Officer.
b) The temporary use or structure must not be detrimental to property or improvements in the
surrounding area or to the public health, safety, or general welfare.
c) The temporary use or structure must not have adverse impacts on nearby residential
neighbourhoods.
d) The temporary use or structure must not result in permanent alterations to the site.
e) Tents and other temporary structures must be located so as not to interfere with the normal
operations of any permanent use located on the property.
f)
A temporary use is not permitted unless sufficient off-street parking is adequate to accommodate
anticipated parking needs associated with the temporary use.
2.5 NUMBER OF BUILDINGS PERMITTED PER SITE
There shall be only one principal building on a site except wherein otherwise stated.
2.6 SEPARATION OF PRINCIPAL BUILDING AND ANY OTHER BUILDING
The minimum distance between the principal building and any other building shall be 6 ft (2 m), unless
otherwise provided for herein.
2.7 NOXIOUS OR OFFENSIVE USES
a)
Notwithstanding anything herein contained, no use shall be permitted in any zone which may be
noxious or offensive by reason of the emission or production of odour, dust, refuse matter,
wastes, vapour, smoke, gas, vibration, or noise.
b)
If the use is permitted in the subject zone, satisfactory measures shall be undertaken to mitigate
or eliminate such effects and necessary licensing shall be obtained from the Province of
Manitoba, as required.
2.8 PROJECTIONS IN REQUIRED YARDS
a)
Required yards shall be free of buildings, except accessory buildings which must conform to the
other requirements of this By-law.
b)
Wheelchair ramps (or similar accessibility structures) are not subject to the restrictions for
required yards.
c)
Open, unenclosed stairs and landings may extend into the required yards for not more than 50%
of the required yard depth, up to a maximum of 5 ft (1.5 m), whichever is lesser.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
5
d)
Unenclosed decks, patios, and balconies 2 ft (0.6 m) or less in height (as measured from the
underside of the joists to the ground) may extend into the required yards for not more than 50%
of the required yard depth, up to a maximum of 5 ft (1.5 m), whichever is lesser.
e)
Enclosed decks, patios and balconies with sunroom or screen enclosures shall have the
dimensional standards of the principal building apply when attached to the principal building and
the dimensional standards of detached accessory structures apply when detached from the
principal building.
f)
Enclosed projections of a building, including chimneys, alcoves, and bay windows may extend into
a required yard up to 50% of the required yard depth to a maximum projection of 5 ft (1.5 m),
whichever is the lesser, provided that no more than 10 sq ft (0.9 sq m) of area within any required
yard is occupied by these types of projection.
g)
Landscaping features such as driveways, sidewalks, and patios at grade level, ornamental
plantings, fences, and other decorative features are permitted within any required yard.
h)
Fences are permitted in all required yards and can be placed up to the property line.
2.9 HEIGHT EXCEPTION
The provisions of this By-law shall not apply to limit the height of any ornamental dome, chimney, electrical
or telephone transmission lines and towers, steeple, public utility structures, electrical apparatus, or
agricultural structures such as silos, grain elevators, terminals, feed mills, seed plants.
2.10 FENCES
a)
Fence height is measured from the highest part of the fence to the point where the fence post
enters grade. Where a fence is located on top of a retaining wall, the height to the fence shall
include the height of the retaining wall measured from the finished grade.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
6
b)
Fences shall:
(i) Not be electrified, except as an accessory to a permitted industrial, institutional, or
agricultural use in the MR and AG zone.
(ii) Not contain barbed wire, except as an accessory to a permitted industrial or agricultural
use in the MR and AG zones.
(iii) Not contain scrap metal, wood palettes, or industrial waste material.
(iv) Not be made of chain link if located in a front yard within the RR2, RR5 and GD zones.
c)
No fence shall exceed the following heights:
LOCATION
RR2
RR5
CH
MR
SR1
SR2
HC
AL
AG
GD
Front Yard
(Max.)
4 ft
(1.2 m)
4 ft
(1.2 m)
4 ft
(1.2 m)
4 ft
(1.2 m)
4 ft
(1.2 m)
4 ft
(1.2 m)
4 ft
(1.2 m)
4 ft
(1.2 m)
4 ft
(1.2 m)
4 ft
(1.2 m)
Side and Rear
Yards (Max.)
7 ft
(2.1 m)
7 ft
(2.1 m)
7 ft
(2.1 m)
7 ft
(2.1 m)
7 ft
(2.1 m)
7 ft
(2.1 m)
7 ft
(2.1 m)
7 ft
(2.1 m)
10 ft
(3.0 m)
7 ft
(2.1 m)
2.11 ROADS AND HIGHWAYS
a)
No permanent building may be constructed or placed on a parcel which does not have legal
access to a public road, without the approval of Council and entering into an agreement.
b)
No buildings or structures shall be erected upon any undeveloped road allowance. Any
development adjacent to said road allowance shall comply with the requirements of this By-law
as to yard requirements.
c)
All development within the Controlled Area of a provincial road or provincial trunk highway shall
require a permit from the applicable provincial authority.
2.12 RAILWAYS
a)
Nothing in this By-law shall be so interpreted as to interfere with the normal operations and
maintenance of the railways.
b)
Any railway office buildings, warehouse facilities, maintenance buildings and storage areas shall
be subject to the provisions of this By-law.
c)
No residential development shall be permitted within 100 ft (30 m) of a railway main line, or
within 50 ft (15 m) of a branch line or spur line, measured from the property line of the railway to
the face of the residential building.
d)
The required side or rear yard shall be zero feet for those structures which require railway service
for loading or unloading.
2.13 PUBLIC AIRCRAFT LANDING AREAS
a)
Any proposal to establish any building or structure which exceeds a building height of 10 ft (3m),
or to establish a shelterbelt or similar obstruction within the flight approaches of any public
aircraft landing area for one (1) mile (1.6 km) shall be subject to Council approval.
Table 1. Standard Fence Heights
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
7
2.14 PARKING
a)
An accessory parking area must comply with the minimum yard requirements for the zone in
which the parking area is located.
b)
Off-street parking spaces shall meet the parking stall and aisle specifications in Table 2. If the
proposed spaces are designed at an angle that is not in Table 2, use the specifications for the
angle that is closest.
ANGLE OF PARKING
(DEGREES)
WIDTH OF STALL
(FT)
WIDTH OF AISLE
(FT)
DEPTH
PERPENDICULAR
TO AISLE (FT)
WIDTH PARALLEL
TO AISLE (FT)
a
b
c
d
e
30
9
12
15
17
45
9
12
18
12
60
9
20
20
10
90
9
24
20
9
Minimum Spaces
a)
Accessory off-street parking spaces shall be provided according to the minimum number of spaces
as calculated by Table 3 for uses indicated in Table 3.
b)
All accessory off-street parking spaces shall be located on the same site as the principal use,
unless specifically permitted to locate elsewhere. There are no parking requirements for
uses/zones not included in the table.
USE / USE CLASS
MINIMUM
SPACES
UNIT
Bed and Breakfasts, Hotels and Similar Uses
1.5
Per individual suite or bedroom
Dwellings, Multi-Unit
1.5
Per dwelling unit
All Other Residential Uses and Dwelling Types
1.0
Per dwelling unit
All Other Uses in CH, MR and GD zones
1.0
Per 1,500 sq ft (139.4 sq m) of floor
area b
a)
A fraction of 0.5 or more of a parking space shall be counted as 1 parking space.
b)
Gross floor area excluding any area used for parking within the principal building and any area
used for incidental service storage, mechanical equipment, or similar uses
Table 2. Minimum Parking Requirements
Table 3. Minimum Accessory Off-Street Parking Spaces
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
8
Off-Street Loading
c)
At least one (1) loading space shall be provided for each non-residential building in the CH, MR
and GD zones.
d)
The loading space shall be a minimum width of 12 ft (3.7 m) and a minimum length of 50 ft (15.2
m).
Barrier Free Spaces
a)
Barrier-Free parking spaces for non-residential uses shall be provided according to the minimum
number of spaces specified by Table 4.
b)
Each barrier-free parking space shall have a minimum width of 11.5 ft (3.5 m) and a minimum
length of 23 ft (7 m).
c)
Barrier-free parking spaces shall be located within close proximity and access to the principal
building entrance.
d)
Barrier-free spaces must be clearly marked and reserved for the exclusive use of people with
mobility issues.
NUMBER OF OFF-STREET PARKING
SPACES ON A ZONING SITE
MINIMUM NUMBER OF BARRIER-FREE
PARKING SPACES
1 - 25
1
26 - 50
2
51 - 75
3
76 - 100
4
101+
4 plus 1 for every 50 additional spaces, to
a maximum of 10 spaces
2.15 SIGNS
General Regulations
a)
All signs shall comply with the minimum yard requirements for accessory structures in the zone in
which they are to be located or erected.
b)
No sign or sign structure shall be erected at any location where it may interfere with or obstruct
the view of any street, intersection, or railroad grade crossing, or be confused with any authorized
traffic sign, signal, or device.
c)
No rotating beam, beacon or flashing illumination resembling an emergency light shall be used in
connection with any sign display.
d)
No sign or sign structure shall be erected or maintained on, over or above any land or right-of-
way belonging to the Municipality without approval from the Municipality and a Development
Permit.
e)
The placing of signs within the controlled area of a Provincial Road or Provincial Trunk Highway
shall require a permit from the applicable provincial authority.
f)
All signs and sign structures shall be kept in good repair and in a proper state of preservation.
Signs which have become obsolete because of discontinuance of the operation or activity or are
not maintained in good condition or repair shall be repaired, removed, or relocated by the
property owner within 30 days following notice by the Designated Officer.
Table 4. Barrier Free Parking Space Minimums
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
9
Permitted Signs
a)
Billboards and other signs directing attention to a business, commodity or message offered
elsewhere than upon the same zoning lot on which that sign is located may only be allowed in
zones where Advertising Sign is a Permitted or Conditional use.
b)
The following signs shall be permitted and do not require a development permit. However, they
must still comply with any applicable standards in this By-law:
(i) 1 identification sign per permitted or approved use (except Dwelling, Single-unit and
Dwelling, Two-unit) to a maximum not exceeding 32 sq ft (3 sq m) in surface area.
(ii) Signs posted by duly constituted public authorities in the performance of their public
duties.
(iii) Flags or emblems of a political, civic, educational, or religious organization.
(iv) Commemorative or memorial signs or tablets.
(v) Temporary signs including real estate signs, construction signs, election signs, garage sale
signs and similar.
(vi) Mobile (temporary) signs on the same site as the event or business, not exceeding 35 sq ft
(3.3 sq m) in surface area (for a single sign face), for a maximum of 30 days, which may be
extended by Council for an additional 30-day period.
(vii) Awning signs with signage originally incorporated in the design or awning material.
(viii) Residential on-site identification signs or warning signs (such as "Private Property" signs
and similar) not exceeding 4 sq ft (0.4 sq m) each in surface area.
(ix) Directional signs for parking and loading.
(x) Real Estate and temporary construction signs not exceeding 172 sq ft (16 sq m) in surface
area (for a single sign face).
(xi) Signs required for direction and convenience of the public, including signs identifying
restrooms or parking entrances, not exceeding 5 sq ft (0.5 sq m) in sign surface area.
2.16 SUBDIVISIONS
a)
No parcel of land shall hereafter be divided into sites, unless each site conforms to the regulations
set forth in the Dimensional Standards Table for the zone in which said parcel is located.
b)
Approval of a subdivision is subject to the provisions contained in The Planning Act and the
policies contained within the Lakeshore Planning District Development Plan and amendments
thereto.
c)
Notwithstanding that a parcel of land may exceed the minimum site area and site width
requirements, Council is not, in any manner, obligated to approve a subdivision.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
10
2.17 SITE AREAS AND YARDS
All yards and other open spaces required for any use shall be located on the same site as the use.
Double Frontage Sites
a)
Where a site has frontage along two more or less parallel streets, the following provisions shall
apply:
(i) Where the site depth is greater than 200 ft (61 m), both site lines which abut these streets
shall be considered to be front site lines, and the adjacent yards shall both be considered
to be required front yards.
(ii) Where the site depth is 200 ft (61 m) or less, only one site line shall be considered to be
the front site line, and this determination shall be made by the Designated Officer, based
on the arrangement of existing buildings in the immediate area.
Unconventional Sites
a)
Where a site is of such unique configuration that the required yards cannot be ascertained, the
Designated Officer may designate the location of the required yards.
b)
The location and required dimensions of such yards shall be consistent with the intent of the
yards specified for the zone within which the site is located.
Flag Lots
a)
Where flag lots have been created prior to the effective
date of this By-law, the following standards apply:
(i) The minimum width of the strip of land used to
provide driveway access to the buildable portion
of the flag lot shall be 20 ft (6.1 m).
(ii) Within the access strip, the owner must erect and
maintain a property address sign meeting the
other standards in this By-Law.
(iii) The lands adjacent to the intersection of the
access driveway and the right-of-way of the public
street or lane must comply with the other
standards in this By-Law.
b)
The creation of new flag lots is prohibited unless:
(i) The lands proposed for flag lot access are located
in the RR2, RR5, AG, and GD zone.
(ii) The lands proposed for flag lot development are
located more than 150 ft (45.7 m) from the
nearest existing or planned public street or lane.
(iii) A Designated Officer determines that there is no feasible alternative way to provide access
to such lands.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
11
Party Walls
a)
A building divided into units of residential, commercial, or industrial uses may be subdivided along
vertical party walls to permit the sale of individual units.
b)
The applicable side yard requirements shall be considered fulfilled for those side site lines
contained within the party walls.
Site Reduced
a)
Where a use is established on a site and a site area or site width or required yard is reduced
below the minimum requirements of this By-law by virtue of the development of a public work,
street or public utility, the affected site area, site width and required yard shall be deemed to
conform to the requirements of this By-law.
b)
Where new buildings or structures are proposed, the required yards shall be determined by the
location of actual site boundaries.
Infilling
a)
Where sites comprising 40% or more of the entire frontage of the block are developed with
buildings, the average front yard depths established by such buildings shall establish the minimum
front yard depths for the entire frontage of the block provided such average is less than the
minimum front yard required in the zone in which the site is located.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
12
2.18 CORNER VISION TRIANGLES
a)
Corner vision triangles shall be maintained at the street corners of all sites located adjacent to
street intersections within the RR2, RR5, CH, MR, and GD zone.
b)
The corner vision triangle shall be a triangular area measured 10 ft (3 m) from the street corner of
the site along each site line adjacent to the street.
c)
No wall, fence, hedge, shrub, or other landscaping feature which would substantially diminish the
visibility of motorists shall be allowed to exceed a height of 3 ft (0.9 m) within these corner vision
triangles.
2.19 HAZARD LANDS
Development is prohibited on land that is subject to subsidence or erosion by water or is marshy, unstable
or is otherwise hazardous by virtue of its soil or topography, unless a geotechnical engineering report
showing that the development may occur without creating any additional risks is submitted to the
Municipality at the time of application for a development permit.
2.20 BUILDING GRADE AND FLOODING
a)
Development is prohibited on land that is within 2 ft (0.6 m) of the high-water mark of the design
flood, a recorded flood exceeding the design flood, or a flood specified by Manitoba
Transportation and Infrastructure, unless an engineering report showing the development, with
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
13
flood protection, may occur without creating any additional risks is submitted to the Municipality
at the time of application for a development permit.
b)
The landowner shall establish and maintain lot grading for adequate drainage so that there will be
no free flow of water onto public sidewalks or adjacent properties other than through a drain,
ditch, or swale.
c)
No person shall proceed with any work that may alter or otherwise change the grading of a lot or
property in any manner that may affect the existing or established storm water runoff from that
or any adjacent property without first obtaining a development permit.
2.21 RIPARIAN AND WETLAND AREAS
a)
No development shall occur within the area 100 ft (30 meters) upslope from the normal high-
water mark of a natural water body, waterway, wetland, or a third (or higher) order drain, except
if the development is permitted as an exception below.
b)
No development shall occur within 50 ft (15 m) of a first or second order drain, or artificially
created retention pond, except if the development is permitted as an exception below.
Exceptions to Riparian Setbacks
a)
Developments that create minor disturbances to the natural vegetative cover of riparian areas
(such as docks, boathouses, and pathways) may be allowed within the riparian and wetland area,
provided no more than 25% of the length of a lot's shoreline is affected.
Protection of Important Areas
a)
No development shall occur 100 ft (30 m) upslope from the normal high-water mark of a water
body or waterway identified in the Development Plan as being socially, historically, or culturally
important, being designated under an enactment, or containing unique aquatic assemblages and
species.
b)
The natural vegetative cover must be retained or rehabilitated within these areas.
No Alteration of Wetlands
a)
Development shall not result in alteration to permanent, semi-permanent or coastal wetlands by
the consolidation of wetlands or by ditching, filling, pumping, subsurface drainage, or other works
or means, unless it is for the purpose of flood mitigation.
b)
Flood mitigation must maintain the natural boundaries of permanent, semi-permanent, or coastal
wetlands.
2.22 MONUMENTS AND STATUARIES
Nothing in this By-law shall be so interpreted as to interfere with the maintenance or erection of
monuments, statuary, and similar structures, provided that any building or structure erected in any zone
complies with the yard and area requirements applicable to the zone.
2.23 BUILDING REMOVAL
Upon completion of removal, relocation, or demolition of a building from a site, the old foundation shall be
removed, any excavation shall be filled, the ground shall be leveled, and the site shall be put in a safe
condition to the satisfaction of the Designated Officer unless special approval is granted by Council.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
14
PART 3: ZONES
3.1 ESTABLISHING ZONES
Uses of land in the Municipality are regulated in accordance with the following zones:
ZONE
INTENT
Residential Rural
RR2
Areas of low density, non-farm residential development, and small-
scale commercial operations secondary to the primary residence, on
lots by plan of subdivision.
Residential Rural
RR5
Areas of small holdings larger than five acres accommodating limited
residential uses and compatible agricultural uses such as
hobby/recreation farms.
Commercial Highway
CH
Areas for businesses requiring large sites and to provide retail and
personal services adjacent to major transportation routes to serve the
needs of the traveling public.
Industrial General
MR
Areas for processing, distribution, transportation, warehousing, and
other business, office, and industrial uses.
Seasonal Residential
SR1
Areas for residential development utilizing recreational land adjacent to
rivers, lakes, etc. including year-round purposes.
Seasonal Recreational
SR2
Areas for seasonal development utilizing recreational land adjacent to
rivers, lakes, etc. including year-round purposes.
Historical-Cultural
HC
Areas for culture and entertainment development for the education,
pleasure, and entertainment of the community.
Agricultural Limited
AL
Areas of non-intensive agricultural and open space uses to facilitate the
orderly expansion of the Municipality.
Agricultural General
AG
Areas for general agricultural activities, other small holdings, and non-
farm development compatible with farming operations on large parcels
of land.
General Development
GD
Areas for a mixture of residential, commercial, industrial, and
recreational uses.
Table 5. Municipal Zones
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
15
3.2 PERMITTED AND CONDITIONAL USES
The uses prescribed for parcels within each zone are those set out in the Use Table as follows:
Permitted Use
P
Conditional Use
C
Permitted only as an Accessory Use
P
Conditional only as an Accessory Use
C
Use Specific Standard applies
U.S.S.
If blank, the use is Not Permitted
USE
RR2
RR5
CH
MR
SR1
SR2
HC
AL
AG
GD
U.S.S.
Abattoirs
C
C
C
Advertising Signs (>300 sq ft)
P
P
C
C
C
C
Advertising Signs (<300 sq ft)
P
P
P
P
P
C
Agri-Business
C
P
C
C
Agriculture, Cropping
P
P
P
P
P
P
P
Agriculture, General
P
P
P
P
P
P
P
Agriculture, Specialized
C
C
C
Airfields
C
Airport
C
Amusement Enterprise, Indoor
P
P
C
C
Amusement Enterprise, Outdoor
C
C
C
C
Anhydrous Ammonia Storage Facility
C
C
4.1
Animal Keeping
C
C
C
C
P
P
C
4.2
Apiary
C
C
P
Auction Mart
C
P
C
Auction Mart (non-livestock)
P
P
C
C
Automotive and Recreation Vehicle
Sales and Service
C
P
P
C
C
Bed and Breakfast
P
P
P
P
P
P
P
4.3
Boarding or Rooming House
C
C
C
Boat Docks and Boat Houses, Private
P
P
P
P
P
Boat Docks and Boat Houses, Public
C
C
C
C
Body Modification Services
P
P
Brewery
P
P
C
C
Camping and Tenting Grounds
P
P
C
C
4.4
Cannabis Cultivation
C
C
Cannabis Processing
C
C
C
Cannabis Sales
C
C
C
C
4.1
4.5
Casino/Gaming Centre
C
Cemetery
C
C
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
16
USE
RR2
RR5
CH
MR
SR1
SR2
HC
AL
AG
GD
U.S.S.
Child Care Facility
C
C
P
C
Child Care, Home
P
P
P
P
Clubs, Private or Public
C
C
C
Commercial Storage
C
P
C
C
Commercial Services
P
P
Communications Facilities
C
P
C
C
Community Garden
C
C
C
C
C
C
C
4.6
Community/Recreation Centre or
Facility
C
P
C
P
Cryptocurrency Processing Facility
C
C
Drive-in Theatre
C
C
Dwelling, Cottage
P
C
4.8
Dwelling, Multi-Unit/Two-Unit
P
4.9
Dwelling, Single-Unit
P
P
P
P
P
P
P
4.9
Earth-Moving Contractors
C
P
C
Emergency Service
P
P
Food and/or Drink Establishment
P
P
P
P
P
Forestry Use
C
C
Fuels, Bulk Sales and Storage
C
C
C
C
Funeral Chapel, Mortuary, or
Crematorium
P
C
C
Gallery/Museum or Historic Site
P
P
P
P
P
Garden Centres/Nurseries
P
P
P
P
P
Golf Course
C
Grain Terminal
P
C
Group Camp
C
C
Hazardous Bulk Storage and Sales
C
C
4.1
Home Industry
C
C
C
C
C
4.11
Home-Based Business
P
P
P
P
P
P
P
4.10
Hospital / Clinic, Dental, Medical, or
Optical Related Facility
P
P
P
Hotel or Motel
C
C
C
P
Industrial
C
P
C
C
Junk Yard/Scrap Yard
C
C
Kennel
C
C
P
P
C
C
P
4.1
Library/Cultural Facility
P
P
P
Liquor Distillery
P
P
C
C
Liquor Sales
P
P
P
P
Livestock Operation (up to 299 AU)
C
P
4.12
Livestock Operation (300+ AU)
C
C
4.12
Mining and Extraction
C
4.1
4.13
Mobile / Manufactured Home
C
C
C
C
P
C
4.14
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
17
USE
RR2
RR5
CH
MR
SR1
SR2
HC
AL
AG
GD
U.S.S.
Mobile / Manufactured Home Park
C
C
C
C
4.15
Non-hazardous Bulk Storage and Sales,
Exterior
C
P
C
C
Non-hazardous Bulk Storage and Sales,
Interior
P
P
C
P
Office
P
P
P
P
Outfitting Cabins / Lodges
C
C
C
C
Park/Plaza/Square/Playground
P
P
P
P
P
P
P
P
P
P
Parking, Surface Lot
P
P
P
P
Personal Services, unless otherwise
listed
P
P
P
Place of Worship
C
C
P
P
P
Planned Unit Development
C
C
4.16
Public Utility
P
P
P
P
P
P
P
P
P
P
Public Works Facility
P
P
P
P
P
P
P
P
P
P
Recycling Depot
C
C
C
C
Rehabilitation/Healing Centre
P
P
C
Residential Care Facility/Assisted
Living Facility
C
C
C
C
Retail
P
P
C
C
Schools, Private or Public
C
C
C
C
C
Secondary Suite
P
P
P
P
P
P
4.18
Service Station
P
P
C
C
P
Sewage Treatment Plants and Lagoons
C
C
C
4.1
Shipping Containers
P
P
P
P
P
P
P
P
P
4.19
Sleep Cabin
P
Solar Collector
C
C
C
C
C
C
C
C
C
C
4.20
Stable
P
Telecommunication Towers
C
C
C
C
C
C
C
C
Theatre
P
Trades and Contracting Facilities
P
P
C
C
Trucking Establishments
C
C
C
P
C
C
Veterinary Clinic
C
P
C
C
Waste Disposal Grounds/Sites
C
4.1
Water Treatment Plants and
Reservoirs
P
C
C
C
4.1
Wholesale Businesses and
Warehousing
C
P
C
Wildlife and Heritage Conservation
Areas / Nature Reserves
P
C
Wind Energy Generating System,
Commercial
C
C
C
C
C
C
C
C
C
C
4.22
Wind Energy Generating System,
On-site / Rooftop
C
C
C
C
C
C
C
C
C
C
4.23
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
18
3.3 ACCESSORY BUILDINGS AND STRUCTURES
The following Accessory Buildings or Structures are permitted in all zones:
ACCESSORY BUILDING OR STRUCTURE
U.S.S.
Accessory off-street parking and loading areas
2.14
Antennas
Deck, patio, ramp, and gazebo
Detached private garage, carport
4.7
Portable garage
4.17
Private garden house, play structure, greenhouse, or conservatory
Private swimming pool (open or enclosed) or pond
4.21
Production, processing, cleaning, servicing, repair, or storage of merchandise normally
incidental to commercial occupancies if conducted by the owners of the principal use and
contained within a building
Refuse and garbage disposal areas
Signs
2.15
Storage of goods used in or produced by manufacturing, agricultural or resource-related
activities or office/administration on the same site as a principal use
Structures related to agricultural or resource activities
Tool house, shed, or other similar building
3.4 TEMPORARY USES, BUILDINGS AND STRUCTURES
The following Temporary Uses, Buildings or Structures are permitted in all zones subject to the requirements
below and in Section 2.4:
TEMPORARY USES, BUILDING OR STRUCTURE
Portable Asphalt and Concrete Batch Plant
Canvas Buildings and Tents
Construction Trailer or Building
Emergency Residential Shelter
Farmers' Market
Fundraising Event
Seasonal Sales
Outdoor Special Event
a)
Travel Trailers or Recreational Vehicles shall not be stored or occupied within residential
subdivisions prior to the occupation of the main dwelling unless it is under a written agreement
with the municipality. This excludes the AG and SR2 zone where it is allowed.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
19
b)
One Recreational Vehicle belonging to an owner or occupier or guest/visitor of the owner or
occupier of the principal single detached dwelling may be located on the same parcel containing
the principal dwelling. Such recreational vehicle shall only be used for temporary accommodation.
c)
Temporary construction trailers or buildings must be removed from the premises within one
month after completion of construction.
d)
Seasonal uses must 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.
3.5 DIMENSIONAL STANDARDS
No land, building, or structure shall be used or occupied, and no building or structure shall be constructed,
erected, altered, enlarged, or placed, except in accordance with the dimensional standards described in the
Dimensional Standards Table or elsewhere in this By-law.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
20
ZONE
USE
SITE
YARD
FORM
AREA
(MIN.)
WIDTH
(MIN.)
COVERAGE
(MAX)
FRONT
(MIN.)
SIDE
INTERIOR
(MIN.)
REAR
(MIN.)
HEIGHT
(MAX.)
RR2
All RR2 Uses
2 ac
(0.8 ha)
300 ft
(91.4 m)
60%
125 ft
(38.1m)
25 ft
(7.6m)
25 ft
(7.6m)
2 storey
(30 ft.)
Accessory Buildings / Structures d
-
-
-
25 ft
(7.6 m)
5 ft
(1.5 m)
6 ft
(1.8 m)
1 storey
(15 ft.)
RR5
All RR5 Uses
5 ac
(2 ha)
300 ft
(91.4 m)
60%
125 ft
(38.1 m)
25 ft
(7.6 m)
25 ft
(7.6 m)
2 storey
(30 ft.)
Accessory Buildings / Structures d
-
-
-
25 ft
(7.6 m)
5 ft
(1.5 m)
6 ft
(1.8 m)
1 storey
(15 ft.)
CH
All CH Uses
2 ac
(0.8 ha)
200 ft
(61 m)
70%
50 ft
(15.2 m)
15 ft
(4.6 m)
15 ft
(4.6 m)
2 storey
(30 ft.)
Accessory Buildings / Structures
-
-
-
0 ft
0 ft
15 ft
(4.6 m)
2 storey
(30 ft.)
MR
All Other MR Uses
2 ac
(0.8 ha)
200 ft
(61 m)
70%
50 ft
(15.2 m)
15 ft
(4.6 m)
15 ft
(4.6 m)
2 storey
(30 ft.)
Accessory Buildings / Structures
-
-
-
0 ft
0 ft
15 ft
(4.6 m)
2 storey
(30 ft.)
SR1 /
SR2
Dwelling, Cottage
9,000 sq ft
(836 sq m)
75 ft
(23 m)
60%
25 ft
(7.6 m)
10 ft
(3 m)
25 ft
(7.6 m)
2 storey
(30 ft.)
Camping and Tenting Grounds
5 ac
(2 ha)
300 ft
(91.4 m)
-
125 ft
(38.1 m)
25 ft
(7.6 m)
25 ft
(7.6 m)
1 storey
(15 ft.)
All Other SR Uses
15,000 sq ft
(1,393.5 sq m)
100 ft
(30.5 m)
70%
25 ft
(7.6 m)
15 ft
(4.6 m)
25 ft
(7.6 m)
2 storey
(30 ft.)
Accessory Buildings / Structures d f
-
-
-
25 ft
(7.6 m)
5 ft
(1.5 m)
6 ft
(1.8 m)
1 storey
(15 ft.)
AL
Camping and Tenting Grounds
5 ac
(2 ha)
300 ft
(91.4 m)
-
125 ft
(38.1 m)
25 ft e
(7.6 m)
25 ft e
(7.6 m)
1 storey
(15 ft.)
Agricultural, General
80 ac a
(32.4 ha)
1,000 ft
(304.8 m)
-
125 ft
(38.1 m)
25 ft e
(7.6 m)
25 ft e
(7.6 m)
-
-
All Other AL Uses
2 ac
(0.8 ha)
200 ft
(61 m)
-
125 ft
(38.1 m)
25 ft e
(7.6 m)
25 ft e
(7.6 m)
2 storey
(30 ft.)
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
21
ZONE
USE
SITE
YARD
FORM
AREA
(MIN.)
WIDTH
(MIN.)
COVERAGE
(MAX)
FRONT
(MIN.)
SIDE
INTERIOR
(MIN.)
REAR
(MIN.)
HEIGHT
(MAX.)
Accessory Buildings / Structures
-
-
-
25 ft
(7.6 m)
25 ft e
(7.6 m)
25 ft e
(7.6 m)
2 storey
(30 ft.)
AG
Agricultural / Livestock
80 ac a
(32.4 ha)
1,000 ft
(304.8 m)
-
125 ft
(38.1 m)
25 ft e
(7.6 m)
25 ft e
(7.6 m)
-
-
All Other AG Uses
2 ac
(0.8 ha)
200 ft
(61 m)
-
125 ft
(38.1 m)
25 ft e
(7.6 m)
25 ft e
(7.6 m)
-
-
Accessory Buildings / Structures
-
-
-
125 ft
(38.1 m)
25 ft f
(7.6 m)
25 ft f
(7.6 m)
-
-
GD
Agricultural
20 ac
(8.1 ha)
400 ft
(122 m)
-
125 ft
(38.1 m)
25 ft
(7.6 m)
25 ft
(7.6 m)
2 storey
(30 ft.)
All GD Uses (Serviced)
5,000 sq. ft. b
(464.5 sq m)
40 ft
(12 m)
70%
25 ft
(7.6 m)
5 ft c
(1.5 m)
25 ft
(7.6 m)
2 storey
(30 ft.)
All GD Uses (Unserviced)
13,500 sq ft
(1,254.2 sq m)
100 ft
(30.5 m)
70%
25 ft
(7.6 m)
15 ft
(4.6 m)
25 ft
(7.6 m)
2 storey
(30 ft.)
Accessory Buildings / Structures d
-
-
-
25 ft
(7.6 m)
15 ft
(4.6 m)
25 ft
(7.6 m)
2 storey
(30 ft.)
ALL
Parks/Plaza/Squares/Playgrounds
1,000 sq ft
(93 sq m)
50 ft
(15.2 m)
-
25 ft
(7.6 m)
5 ft
(1.5 m)
15 ft
(4.6 m)
2 storey
(30 ft.)
a)
80 acres (32.4 ha) shall include land taken for a highway road allowance, drainage ditch or right-of-way and excepted from the certificate of title or consists of two legal
subdivisions which abut each other, and the resulting parcel abuts on a highway or is being consolidated with an adjoining parcel of land which abuts on a highway.
b)
The minimum required site area for a Multi-unit Dwelling shall increase by an additional 1,000 sq ft (93 sq m) for each additional dwelling unit greater than 3 units.
c)
Where an interior site is not adjacent to a lane, one of the side yards shall be a minimum of 10 ft (3 m) in width in order to accommodate the required Dwelling vehicular
parking space or to provide for vehicular access to the rear of the site. This requirement shall not apply where a garage or carport is attached to the principal building.
d)
When located entirely to the rear of the principal building and/or where the rear site line is not adjacent to a public lane, the minimum required rear and side yard for
accessory buildings and structures shall be 3 ft (0.9 m).
e)
Where a side or rear yard is adjacent to a municipal road, that yard shall be 125 ft (38.1 m).
f)
On sites which back onto a lake or a Public Reserve abutting a lake, the side adjacent to the public road shall be considered the front yard.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
22
3.6 SPECIAL DIMENSIONAL STANDARDS
The following dimensional standards shall apply to the areas described below.
LOCATION
SITE
YARD
FORM
AREA
(MIN.)
WIDTH
(MIN.)
COVERAGE
(MAX)
FRONT
(MIN.)
SIDE
INTERIOR
(MIN.)
REAR
(MIN.)
HEIGHT
(MAX.)
RR2 sites in Plan
Nos. 1528 and
2453
9,000 sq ft
(836 sq m)
70 ft
(21.3 m)
60%
30 ft
(9.1 m)
12 ft
(3.7 m)
25 ft
(7.6 m)
2
storey
(30 ft)
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
23
PART 4: USE-SPECIFIC STANDARDS
Regardless of whether a use is allowed as a permitted or a conditional use, and regardless of the zoning
district in which the use is located, the following standards for specific uses must be met, except as
otherwise provided in this By-law or by a conditional use or variance order:
4.1 MUTUAL SEPARATION DISTANCES
The following mutual separation distances shall be established:
Uses
Mutual Separation
Distance
Airport
Any Building or Structure
500 ft (152 m)
Dwelling
1,000 ft (305 m)
Anhydrous Ammonia Storage Facility
Dwelling
2,640 ft (800 m)
Any Industrial building
450 ft (137 m)
Right-of-Way, Municipal Road, Provincial
Road or Highway
328 ft (100 m)
School, Hospital, Recreation Facility,
Institutional Residence
2,640 ft (800 m)
Animal Keeping
Dwelling
250 ft (76 m) a
Cannabis Sales
School, Another Cannabis Sales Store
1,000 ft (305 m)
Hazardous Bulk Storage and Sales
Dwelling
500 ft (152 m)
Inland Grain Terminal
Dwelling
500 ft (152 m)
Kennel
Dwelling
2,640 ft (805 m) b
Livestock Operations
See Subsection 4.12
Mining and Extraction
Dwelling
500 ft (152 m)
Sewage Treatment Site or Lagoon
Dwelling
1,500 ft (457 m)
Waste Disposal Site
Dwelling
1,320 ft (400 m) c
Water Treatment Facility or Reservoir
Dwelling
500 ft (152 m)
a)
Other than the owner of the animals
b)
Unless confined within a building or structure
c)
Unless for an abandoned site it can be demonstrated by licensed engineer that methane gas generation
will not create a problem in the building to be erected.
4.2 ANIMAL KEEPING
Animal Keeping shall be subject to the following regulations:
a)
The number of animals kept on one site shall not meet or exceed 10 animal units (AU), cumulative
across species (see Animal Units table, Section 4.12).
b)
A maximum of 1 animal unit (cumulative across species) is permitted for every 2 ac (8,094 sq m)
of site area or a maximum of 2 horses is permitted for every 5 ac (20,234 sq m) of site area.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
24
c)
The keeping of livestock must adhere to all other local, provincial, and federal health and
agriculture regulations in addition to the standards in this By-law.
d)
Any ground-level structure intended for the keeping of animals must maintain a minimum setback
of 15 ft (4.5 m) from any site line.
e)
Animal feed must be properly stored in enclosed vessels, and areas or enclosures intended for the
keeping of animals must be properly cleaned and maintained to prevent odours from spreading
onto abutting properties.
f)
In the RR2, SR1, SR2, and GD zones, the keeping of chickens is only permitted subject to approval
of a conditional use order and provided that:
(i) The total number of chickens shall not exceed 6 hens on each lot.
(ii) No roosters are permitted on any lot.
(iii) The risk of predation and foraging by bears, coyotes, skunks, rats, and racoons is
minimized through proper and secure pen construction with durable materials.
(iv) Feed is secured to eliminate the risk of pest intrusion and spoilage.
(v) Chickens are kept in a well-maintained and enclosed structure at all times.
g)
No other animals are permitted in the RR2 zone.
4.3 BED AND BREAKFAST
Bed and Breakfasts shall be subject to the following regulations:
a)
The operator must reside within the principal residence to which the Bed and Breakfast is an
accessory use.
b)
No more than 8 patrons shall be accommodated within one dwelling.
c)
No more than 5 bedrooms shall be used for the bed and breakfast operation.
d)
One additional on-site parking spot shall be provided for each bedroom that is used for the bed
and breakfast operation.
e)
Signs shall follow the regulations for home-based businesses.
4.4 CAMPING AND TENTING GROUNDS
Camping and Tenting Grounds shall be subject to the following regulations:
a)
More than one camp space or recreational vehicle may be permitted on a site.
b)
Must provide a roadway with an all-weather surface that serves all dwellings with a driving
surface a minimum of 13 ft (4 m) wide.
c)
Must provide storage of refuse in a sanitary manner at a location not more than 500 ft (150 m)
from any dwelling.
d)
Must provide clear numbered identification of each camping space.
e)
Must provide a centrally located recreation area equivalent to a minimum area of 215 sq ft (20 sq
m) per camping space.
f)
Must provide 1 guest parking spot per camping space.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
25
4.5 CANNABIS SALES
Cannabis Sales Stores shall be subject to the following regulations:
a)
A cannabis sales store must comply with all Federal and Provincial regulations.
4.6 COMMUNITY GARDEN
Community Gardens shall be subject to the following regulations:
a)
Community gardens shall not be larger than 25,000 sq ft (2,320 sq m), except in the AG and AL
zones.
b)
Accessory buildings for community gardens must meet the accessory dimensional standards for
the zone in which they are located.
4.7 DETACHED GARAGE
a)
Where an accessory building is used for the storage of a vehicle, the wall containing the vehicular
access door shall be set back a minimum of 10 ft (3 m) from a public lane or street.
b)
For a corner side yard, the wall containing the vehicular access door shall be set back a minimum
of 20 ft (6.1 m) from a public lane or street.
4.8 DWELLING, COTTAGE
Cottage Dwellings shall be subject to the following regulations:
a)
The minimum dwelling unit area for a Cottage Dwelling in the SR2 zone shall be 480 sq ft (44.6 sq
m)
b)
In the SR2 zone, recreational vehicles, travel trailers, or other moveable equipment used for an
accommodation may be used in lieu of a Cottage.
4.9 DWELLING
Dwellings shall be subject to the following regulations:
a)
The minimum dwelling unit area in all zones, except for SR1, shall be 600 sq ft (55.7 sq m).
b)
The minimum dwelling unit area in SR1 shall be 1,000 sq ft (93 sq m).
c)
Single-Unit Dwellings are conditional as a secondary use above the first storey of the building or in
the rear portion of the main floor of a principal commercial use.
d)
Two-Unit and Multi-Unit Dwellings shall have no required side yard on a side that shares a party
wall with a building on an adjacent site.
e)
In the SR1, RR2 and RR5 zone, recreational vehicles, travel trailers, or other moveable equipment
used for an accommodation shall not be used in lieu of a Dwelling.
Subdivision of Attached Dwellings
A site with a Two-Unit Attached Dwelling or Row-Type Dwelling may be subdivided into two or more sites
provided that:
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
26
f)
Any new site line shall, where possible, be a straight line between the front and rear site lines,
located in such a manner that the party wall of two adjacent units shall form part of the new site
line.
g)
Each site created shall have frontage on a street, public lane or other means of legal access as
may be approved by Council.
h)
Each site created shall provide not less than one (1) on-site parking space having access directly to
either a street public lane or other legal access.
i)
The permitted use for each site created shall be for one (1) attached single-unit dwelling only.
j)
All applicable Building By-law provisions shall be complied with.
k)
Any new site created shall have a minimum site area of 3,500 sq ft (325.2 sq m) and a minimum
site width of 35 ft (10.7 m).
l)
No side yard is required along the party wall.
4.10 HOME INDUSTRY
Home Industries shall be subject to the following regulations:
a)
Shall be conducted by a resident or residents of the dwelling unit to which the Home Industry is
secondary, and may employ a maximum of:
(i) 10 non-resident persons in the AG zone.
(ii) 5 non-resident persons in the GD and AL zones.
(iii) 2 non-resident persons in all other zones.
b)
Not have processing or outside storage of goods in all zones, except for the AG and AL zones. The
location of all exterior processing and storage shall be subject to Council approval in the AG and
AL zones.
c)
Not have more than 40% of the total floor area of buildings on the site devoted to the industry in
all zones, except for the following:
(i) Not more than 600 sq ft (55.7 sq m) of all floor area in the RR2, RR5 and GD zones.
(ii) No floor restrictions shall apply in the AG and AL zones.
d)
Have a maximum of one business sign, either freestanding or affixed to the wall of a principal or
accessory building, not exceeding:
(i) 32 sq ft (3 sq m) in the AG and AL zones.
(ii) 10 sq ft (0.9 sq m) in all other zones where Home Industries are allowed.
e)
Must not produce any offensive noise, vibration, traffic, smoke, dust, odour, glare, heat, or
electrical interference as determined by the Designated Officer.
4.11 HOME-BASED BUSINESS
Home-Based Businesses shall be subject to the following regulations:
a)
In the RR2, RR5 and GD zones., exterior storage of products or materials must be limited to the
Rear Yard. The storage shall not project above the height of a fence or screening.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
27
b)
In the RR2, RR5 and GD zones., the area used to carry out the Home-Based Business shall not
occupy more than 1076 sq ft (100 sq m).
c)
Shall be conducted by a resident or residents of the dwelling unit to which the Home-Based
Business is secondary and may employ a maximum of 2 non-resident persons.
d)
Have a maximum of one business sign, either freestanding or affixed to the wall of a principal or
accessory building, not exceeding:
(i) 32 sq ft (3 sq m) in the AG and AL zones.
(ii) 10 sq ft (0.9 sq m) in all other zones where home-based businesses are allowed.
e)
The proponent of the Home-Based Business must obtain a development permit before
establishing or expanding a Home-Based Business on a site.
f)
In the case of rental premises, the proponent will be required to obtain the permission of the
owner of the premises before a development permit will be issued.
4.12 LIVESTOCK OPERATIONS
Livestock Operations shall be subject to the following regulations:
a)
Operations meet the separation distances as stipulated in the development plan and based on the
animal unit (AU) calculations and criteria outlined in Table 6 and Table 7.
b)
Livestock operations requiring conditional use approval may be subject to the following
conditions, if imposed by Council:
(i) Measures to ensure conformity with the development plan, secondary plan and By-law.
(ii) Either or both of the following measures to reduce odours from the operation:
-
Covering manure storage facilities.
-
The establishment of shelterbelts.
(iii) Enter into a development agreement regarding one or more of the following:
-
The timing of construction.
-
The control of traffic.
-
The construction and maintenance of roads, fencing, landscaping, drainage works,
shelterbelts.
-
The payment of a sum of money to the board or council to be used by the board or
council to construct any of the items mentioned above.
c)
An application for approval of a livestock operation involving 300 or more animal units
(cumulative across species) shall:
(i) Be sent to the minister for referral to the Technical Review Committee for review.
(ii) Be subject to the measures to implement the recommendations of the Technical Review
Committee.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
28
Animal Units by Category of Livestock
ANIMAL
TYPE
ANIMAL UNITS
PRODUCED BY ONE
ANIMAL
NUMBER OF
ANIMALS TO
PRODUCE ONE AU
Dairy
Milking Cows, including associated livestock
2
0.5
Beef
Beef Cows, including associated livestock
1.25
0.8
Backgrounder
0.5
2
Summer pasture / replacement heifers
0.625
1.6
Feeder Cattle
0.769
1.3
Hogs
Sows, farrow to finish
1.25
0.8
Sows, farrow to weanling
0.25
4
Sows, farrow to nursery
0.313
3.2
Weanlings
0.033
30
Growers / finishers
0.143
7
Boars (artificial insemination operations)
0.2
5
Chickens
Broilers
0.005
200
Roasters
0.01
100
Layers
0.0083
120
Pullets
0.0033
300
Broiler Breeder Pullets
0.0033
300
Broiler Breeder Hens
0.01
100
Turkeys
Broilers
0.01
100
Heavy Toms
0.02
50
Heavy Hens
0.01
100
Horses
Mares, including associated livestock
1.333
0.75
Sheep
Ewes, including associated livestock
0.2
5
Feeder Lambs
0.063
16
Table 6. Animal Units by Category of Livestock
Source: Appendix 1, Provincial Planning Regulation 81/2011 THE PLANNING ACT (C.C.S.M. c. P80)
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
29
Specialty Animals by Category of Livestock
Alpacas, llamas
0.17
6
Bison - cows and associated livestock
1.25
0.8
Ducks - growing for meat
0.017
58
Ducks - mature
0.024
42
Emu
0.06
16
Geese - growing for meat
0.024
42
Geese - mature
0.045
22
Goats - miniature
0.22
4.5
Goats - mature
0.14
7
Goats - plus associated livestock
0.2
5
Horses - large
1
1
Horses - small to medium
0.667
1.5
Horses - miniature
0.222
4.5
Mink
0.005
219
Ostrich
0.14
7
Ponies - all
0.4
2.5
Rabbits - does (includes associated bucks and litters)
0.1
10
Alpacas, llamas
0.17
6
Bison - cows and associated livestock
1.25
0.8
Ducks - growing for meat
0.017
58
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
30
SIZE OF LIVESTOCK
OPERATIONS IN
ANIMAL UNITS
(A.U.)
SEPARATION DISTANCE IN FEET (METRES)
FROM SINGLE RESIDENCE
SEPARATION DISTANCE IN FEET (METRES)
FROM DESIGNATED AREAS
TO EARTHEN
MANURE STORAGE
FACILITY OR
FEEDLOT
TO ANIMAL
CONFINEMENT
FACILITY OR NON-
EARTHEN MANURE
STORAGE FACILITY
TO EARTHEN
MANURE STORAGE
FACILITY OR
FEEDLOT
TO ANIMAL
CONFINEMENT
FACILITY OR NON-
EARTHEN MANURE
STORAGE FACILITY
10 - 100
2,625 (800)
1,739 (530)
2,625 (800)
1,739 (530)
101 - 200
3,937 (1,200)
2,625 (800)
3,937 (1,200)
2,625 (800)
201 - 300
5,249 (1,600)
3,511 (1,070)
5,249 (1,600)
3,511 (1,070)
301 - 400
5,906 (1,800)
3,937 (1,200)
5,906 (1,800)
3,937 (1,200)
401 - 800
6,561 (2,000)
4,364 (1,330)
6,561 (2,000)
4,364 (1,330)
801 - 1,600
7,874 (2400)
5,249 (1,600)
7,874 (2400)
5,249 (1,600)
1,601 - 3,200
9,186 (2800)
6,135 (1,870)
9,186 (2800)
6,135 (1,870)
3,201 - 6,400
10,499 (3,200)
6,988 (2,130)
10,499 (3,200)
6,988 (2,130)
6,401 - 12,800
11,811 (3,600)
7,874 (2,400)
11,811 (3,600)
7,874 (2,400)
>12,800
13,123 (4,000)
8,760 (2,670)
13,123 (4,000)
8,760 (2,670)
-
Mutual separation distances to single residences will be measured to the building itself.
-
Separation distances to designated areas will be measured to the boundaries of the designated areas found in
the development plan, not the buildings within.
a)
The designated areas for the separation distances in Table 7 shall be Sifton Settled Area, Valley
River Settled Area, Cultural Development Area, and Rural Residential Area Policy Area, General
Development Policy Area and Recreation Policy Area as identified in the Lakeshore Planning
District Development Plan, Riding Mountain National Park, and Dauphin Lake.
b)
There shall be no livestock operations within 1,320 ft (1,609 m) of the City of Dauphin, the
Historical-Cultural Zone, and/or the areas zones Rural Residential within the settlement centres of
Sifton and Valley River.
c)
All lawfully established, existing livestock operations within the areas identified above, at the date
of adoption of this by-law, shall be deemed to be Conditional uses and expansion of existing
livestock operation will require a Conditional Use process.
d)
Livestock operations located within 1,320 ft (1,609 m) to 2,640 ft (804 m) of the City of Dauphin
shall be a conditional use, subject to Council approval.
e)
No livestock operation shall be established within 1,500 ft (452.7 m) of the City of Dauphin Water
Supply Reservoir.
f)
Where a livestock operation is located within 2,640 ft (804 m) of one or more livestock
operation(s) and under affiliated ownership as prescribed in provincial regulation, and are of the
same type of livestock, or where they share common infrastructure such as manure storage
facilities, they shall be deemed to be one combined operation.
Table 7. Minimum Separation Distances for Siting Livestock Operations
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
31
g)
Notwithstanding the above criteria, livestock production operations within 2 miles (3.2 km) of
designated areas will be subject to the policies of the Lakeshore Planning District Development
Plan.
h)
No manure storage facility shall be constructed or located without first obtaining the required
permit from the Province and must adhere to provincial setbacks.
i)
No Farm Dwelling other than the dwelling of the operator of a livestock production operation
shall be erected within 800 ft (243.8 m) of a livestock production operation.
j)
No Farm Dwelling other than the dwelling of the operator of a livestock production operation
shall be erected within 250 ft (76 m) of an accessory livestock confinement facility.
4.13 MINING AND EXTRACTION
Mining and Extraction shall be subject to the following regulations:
a)
Before a development permit is issued, an applicant must provide the Municipality with the
following:
(i) In the case of Crown quarry minerals, proof of the issuance of a Provincial Lease or Casual
Permit under Provincial Regulations, registration for a private quarry (if applicable) or
proof of insurance of a mineral lease or mining claim in non-quarry mineral extraction also
requires a municipal development permit.
(ii) A plan showing areas and means for goods and waste transportation.
(iii) A site plan showing the operation, the manner in which extraction or development will
occur, the means of visual buffering and noise and dust protection.
(iv) A plan for the rehabilitation and intended use(s) of the site upon completion of the
operation phase, subject to provincial regulations.
b)
No building or structure shall be constructed or located within an area (a buffer of 492 feet (150
m)) which has been designated as a high or medium quality aggregate area by the Province,
unless the site has been further reviewed by the Province and a recommendation provided which
would allow development to proceed.
4.14 MOBILE/MANUFACTURED HOMES
Mobile/Manufactured Homes shall be subject to the following regulations:
a)
All mobile/manufactured homes, even those constructed outside the Municipality, must meet the
structural standards in The Buildings and Mobile Homes Act.
b)
A mobile/manufactured home, when located permanently on a site, shall:
(i) Be placed and anchored on a permanent foundation in accordance with the CSA Z240.10.1
Site Preparation, Foundation, and Anchorage for Manufactured Homes standard. Have
skirting that screens the view of the foundation supports or wheels.
4.15 MOBILE/MANUFACTURED HOME PARK
Mobile/Manufactured Home Parks shall be subject to the following regulations:
a) Shall contain a minimum of 10 mobile/manufactured home spaces.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
32
b) Shall meet the structural standards in The Buildings and Mobile Homes Act, even those constructed
outside the Municipality.
c) Mobile/Manufactured homes when located permanently on a site, shall:
i)
Be placed and anchored on a permanent foundation.
ii) Have skirting that screens the view of the foundation supports or wheels.
d) Provide a roadway with a driving surface a minimum of 16.5 ft (5 m) wide with an all-weather
surface that serves all dwellings that meets the municipal roadway lighting and surface water
drainage standards.
e) Provide clear identification of each dwelling space and its boundaries.
f)
An application for a mobile/manufactured home park must be accompanied with a detailed site
plan, including:
i)
Location of the site boundaries.
ii) Foundations, pads, or mobile home sites.
iii) Accessory buildings.
iv) Internal roads.
v) Sidewalks and active transportation paths.
vi) Vehicle parking.
vii) Systems supplying electrical power, water, and sewage disposal.
4.16 PLANNED UNIT DEVELOPMENT
A Planned Unit Development shall be subject to the following regulations.
a) Specific use regulations and dimensional standards of the zoning districts shall not directly apply.
b) Development shall be planned in accordance with a site plan which permits flexibility in siting of
buildings, mixture of land uses, usable open spaces, and the preservation of significant historic and
natural features.
c) Development shall also be designed in accordance with building codes, fire codes and safety
regulations.
d) A detailed Concept Plan and Analysis that addresses the following shall be required:
i)
Impact on municipal infrastructure, including wastewater and transportation systems.
ii) Impact on surrounding neighbourhoods and the natural environment.
iii) Detailed plan for lot grading, drainage, and landscaping.
iv) Other information as requested by Council.
e) The use regulations and dimensional standards shall be regulated through a Development
Agreement.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
33
4.17 PORTABLE GARAGES
Portable Garages shall be subject to the following regulations:
a)
Not allowed within the required front yard of a site.
b)
Shall meet the requirements for accessory building side and rear yard requirements.
c)
Shall not exceed the height restrictions for accessory buildings in the zone in which it is located.
d)
Shall be kept in good condition. Any rip in the fabric must be repaired.
4.18 SECONDARY SUITES
Secondary Suites shall be subject to the following regulations:
a) Not more than one attached or detached secondary suite shall be permitted on a single parcel.
b) A minimum of one off-street parking space must be provided for each secondary suite, in addition
to the parking required for the principal building.
c) The maximum floor area of the secondary suite shall not exceed 860 sq ft (80 sq m) or 40% of the
total habitable floor space of the principal building (whichever is the lesser).
d) Detached secondary suites must follow the setback standards for accessory buildings and
structures.
4.19 SHIPPING CONTAINER
Shipping Containers shall be subject to the following regulations:
a)
A shipping container used for storage must meet the requirements for accessory buildings in the
zone in which it is located.
b)
Shipping containers, when stacked, must not exceed the maximum height for accessory buildings
for the zone.
c)
A shipping container used as a dwelling must meet the requirements for dwelling units in the
zone in which it is located (as well as the requirements necessary to receive a building permit).
d)
A shipping container may be used for temporary storage or emergency purposes, provided it
meets the requirements for temporary buildings and structures in this By-law.
e)
A shipping container may be used for purposes other than those described above (e.g.,
commercial uses) if it meets the other requirements for that use in this By-law as well as the
requirements necessary to receive a building permit.
f)
A shipping container shall be kept in good condition, be a consistent neutral colour, and relatively
free of rust.
4.20 SOLAR COLLECTOR
Solar Collectors shall be subject to the following regulations:
a)
Any solar collector not connected to a building shall adhere to the same setbacks and height
restrictions for accessory buildings in the zone in which the installation is situated.
b)
A roof or wall-mounted solar collector shall not exceed, in size, the total square footage of the
principal structure.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
34
c)
A solar collector that is mounted on a roof may project a maximum of 6.5 ft (1.5 m) from the
surface of the roof and must not extend beyond the outermost edge of the roof.
d)
A solar collector that is mounted on a wall may project a maximum of 2 ft (0.6 m) from the
surface of that wall and must be located a minimum of 8 ft (2.4 m) above grade.
4.21 SWIMMING POOLS AND HOT TUBS
Permanent Swimming Pools, Hot Tubs and similar structures capable of holding water to a depth of greater
than 2 ft (0.6 m) shall be subject to the following regulations:
a)
Shall be allowed as a permitted accessory use to a residential use, recreational or commercial
development.
b)
Must meet the siting requirements of accessory structures for the zone in which they are located.
c)
The pool area shall be protected by a fence with lockable gates and a minimum height of 6 ft (1.83
m) to prevent unauthorized entry. The fence and gate must be constructed to prevent a child
from climbing over or crawling underneath and maintained in good repair.
d)
Hot tubs shall have a walkable cover.
e)
Shall comply with the requirements under The Public Health Act.
4.22 WIND ENERGY GENERATING SYSTEM TOWER (COMMERCIAL)
A Commercial Wind Energy Generating System Tower shall be subject to the following regulations:
a)
Shall be set back no less than 1.5 times the total turbine height from the property line and any
public road or railway right of way
b)
Shall be set back no less than 100 ft (30 m) from a water body or waterway
c)
The minimum separation distance between a commercial wind energy generating system tower
and the nearest habitable building shall be 1,640 ft (500 m).
d)
Shall contain no commercial advertising other than the manufacturer's or owner's name or logo
e)
Shall contain no artificial lighting other than the lighting that is required by federal and provincial
regulation
f)
As part of their development permit application, proponents for Wind Generation System must
submit a detailed site plan showing the location of all wind generating devices, associated
accessory buildings or structures, electrical lines (above or below ground) on-site roads and
driveways providing access to the public road system
4.23 WIND ENERGY GENERATING SYSTEMS (ON-SITE / ROOFTOP)
An On-site / Rooftop Wind Energy Generating System shall be subject to the following regulations:
a)
Shall be set back at least 20 ft (6 m) from the front building line, or, in the case of corner lots, at
least 15 ft (4.5 m) from the front and side lot line.
b)
Shall be limited to a total turbine height of no more than 15 ft (4.5 m) above the rooftop.
c)
Shall be safely and securely attached to the rooftop in compliance with the National and
Provincial Building Codes.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
35
PART 5: ADMINISTRATION
5.1 ADMINISTRATION AND ENFORCEMENT
In the administration and enforcement of this By-law, the Municipality shall have all of the powers of
inspection, remedy and enforcement provided under Part 12 of The Planning Act.
5.2 THE DEVELOPMENT OFFICER
a)
The Building Inspector of the MLA Planning Region is hereby established as the Development
Officer of the Municipality.
b)
The person appointed as Development Officer by council shall be a Designated Officer for the
purposes of The Planning Act.
c)
Additional Designated Officers have decision making authority as outlined in this By-law.
5.3 ROLES OF THE DESIGNATED OFFICER
The Designated Officer shall have the authority to:
a)
Issue development permits and exercise the powers of administration, inspection, remedy, and
enforcement provided in Part 12 of The Planning Act.
b)
Refuse to issue a development permit where:
(i) The development permit application, or any information accompanying the development
permit application, is incorrect or incomplete.
(ii) The proposed building, structure or use does not, to the Designated Officer's knowledge,
comply with this By-law, the Building By-law or with any other law.
c)
Revoke a development permit where the development permit was issued in error.
d)
Make a minor variance order, without the need for a public hearing, for any proposed change that
varies:
(i) Any height, distance, area, size, or intensity of use requirement in this By-law by no more
than 10%.
(ii) The number of parking spaces required by this By-law by no more than 10%.
5.4 DEVELOPMENT PERMITS
When Development Permits are Required
A development permit is required for any of the following, except as otherwise provided for in this By-law:
a)
The erection, construction, demolition, enlargement, structural alteration or placing of a building
or structure, either permanent or temporary.
b)
The establishment of a use of land or a building or structure.
c)
The change of a use of land or a building or structure from the existing use to a use which is not a
permitted use.
d)
The alteration or enlargement of an approved conditional use.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
36
Development Permits and Other Permits
The issuance of a development permit in respect of building or structure does not affect the obligation to
obtain a building permit or other permit where required under the building by-law, or another law, by-law,
or regulation, for such a building or structure.
When Development Permits are Not Required
a)
A development permit is not required for the following:
(i) Incidental alterations, except when a building permit is required.
(ii) Agricultural cropping of land.
(iii) The erection, construction, enlargement, structural alteration or placing of the following as
accessory structures:
-
Fences, below 4 ft (1.2 m) in height.
-
Signs, not including advertising signs where they are conditional uses.
-
Outdoor lighting.
-
Flagpoles.
-
Sheds and buildings with a floor area of less than 150 sq ft (13.9 sq m).
-
Garden houses or children's playhouses.
-
Private sewage disposal systems.
-
Private communications facilities.
-
Unenclosed patios at grade level.
b)
Despite not requiring a development permit, all items in this provision shall be subject to
requirements of this By-law.
Applications for Development Permits
An application for a development permit:
a)
Shall be made by the owner or owners of the parcel in question, or by a person authorized in
writing by them.
b)
Shall be accompanied by plans drawn to scale showing the following:
(i) The shape and dimensions of the parcel to be used or built on.
(ii) The location and dimensions of existing buildings and structures and their distances from
property lines.
(iii) The location and dimensions of any proposed building, structure, enlargement, or
alteration.
(iv) The use or uses of each existing and proposed building and structure, or of the land, and
the area to be occupied by each use.
(v) Vehicular access, utility connections.
(vi) Any other information required by the Designated Officer to determine compliance with,
and to provide enforcement of, this By-law.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
37
c)
Shall be accompanied by the fee prescribed by the Municipality.
5.5 VARIANCES
Purpose of a Variance
This By-law applies general zoning regulations to the entire Municipality. However, there may be locations
where the standards in a zone impose an unreasonable limitation on the development or use of a site due to
its particular characteristics, including parcels of land that are odd-shaped or have other physical
characteristics that make complying with the requirements of this By-law impractical or unreasonable.
Minor Variances
This By-Law outlines the process for minor variances, without the need for a public hearing, for proposed
changes that vary the standards in this By-Law by no more than 10%.
Applying for a Variation Order
Any person who believes that this By-law adversely affects their property rights may apply for an order
varying specific provisions of this By-law insofar as they apply to the affected property, in accordance with
The Planning Act.
General Requirements
a)
A building, structure or use established by a variance order prior to the effective date of this By-
law shall, subject to the provisions of the variance order, be deemed to conform to this By-law.
b)
A variance order shall expire or cease to have any effect if it is not acted upon within 12 months
from the date it was made, unless it is renewed before the expiration date at the discretion of
Council for an additional period not exceeding 12 months.
5.6 CONDITIONAL USE
Purpose of Conditional Uses
This By-law is based upon the division of the Municipality into zones where the use of the land, buildings and
structures are compatible. There are, however, certain uses designated Conditional Uses, which cannot
properly be permitted without consideration, in each case, of the impact of those uses upon neighboring
land.
Applying for a Conditional Use
Any owner may apply for a Conditional Use in accordance with this By-Law and with the provisions of The
Planning Act.
General Requirements
a)
Approval of a conditional use shall expire or cease to have any effect if it is not acted upon within
12 months from the date it was made, unless it is renewed before the expiry date at the
discretion of Council for an additional period not exceeding 12 months.
b)
A use that is listed as a conditional use within this By-law, but that lawfully existed prior to the
effective date of this By-law, shall be considered a lawfully existing conditional use.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
38
c)
Changes to an existing conditional use, such as enlargement, expansion, or extension to occupy a
greater floor area or site area upon which said use is located, shall require conditional use
approval except for changes to farm buildings that house livestock as per The Planning Act.
d)
In the case of aggregate extraction operations, existing pits may be expanded within the site,
provided that no new pits are established and provided that said operation was a legally existing
conditional use at the effective date of this By-law. The aggregate extraction operation shall
otherwise conform to the requirements of the zone in which it is located.
5.7 ZONING MEMORANDA
a)
A zoning memorandum may be issued upon application of any person having an interest in land,
land use, a building or structure within the area affected by this By-law, stating whether or not
the land, building, structure, and use appears to conform with this By-law, in accordance with The
Planning Act.
b)
A request for a zoning memorandum must be accompanied by a Building Location Certificate
prepared by a Manitoba Land Surveyor.
5.8 APPLICATIONS
a)
An application for a variance, or conditional use, or an amendment to this By-law must be in the
proper form and must be accompanied by the fee prescribed by Council.
b)
The application must also be accompanied by:
(i) Plans drawn to scale showing the shape and dimensions of the affected property.
(ii) Plans drawn to scale showing the location and dimensions of existing buildings and
structures.
(iii) Plans drawn to scale showing the location and dimensions of the proposed building,
structure, enlargement, or alteration.
(iv) A description of the use or uses of each existing and proposed building or structure, or of
the land and the area to be occupied by each use.
(v) A description of the reason why the variance, conditional use, or amendment to this By-
law is being requested.
(vi) Any other information required by the Designated Officer to determine compliance with,
and to provide for enforcement of, this By-law.
Fee Schedule
a)
The fees shall be as established by Council for any amendment, conditional use, variance, zoning
memorandum or non-conforming use certification to this By-law.
b)
Council shall by by-law establish a fee schedule for development permits and other charges to be
paid by any person for services rendered by any employee of the Municipality.
5.9 DEVELOPMENT AGREEMENT
Where an application is made for an amendment to this By-law, Council may require the owner or the
person entitled to be registered as owner of the land, building or structure to which the amendment shall
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
39
apply, as a condition to its enactment to enter into a development agreement with the Municipality in
respect to that land as well as contiguous land owned or leased by the applicant.
5.10 NON-CONFORMITY
a)
If a building, a parcel of land, the use of land, or intensity of a use of land was lawfully existing
before the adoption of this By-Law and now does not conform to the regulations in this By-Law, it
is considered a lawfully existing non-conformity.
b)
Under The Planning Act, lawfully existing non-conformities are considered legal and can continue
indefinitely, provided the use is not intensified or changed to another non-conforming use.
c)
All uses of land, buildings, or structures that lawfully existed prior to the effective date of this By-
law, where the use was not discontinued for a period exceeding 12 consecutive months, may
continue.
d)
A non-conforming site or parcel may be occupied by any building, structure, or use provided:
(i) The building, structure or use is listed as a permitted or conditional use within the zone in
which said site or parcel is located.
(ii) All other requirements of the zone in which the site or parcel is located are complied with
or variance orders have been issued.
e)
If a landowner wants to increase the intensity of an existing non-conforming use or make repairs
or additions on a non-conforming building, the landowner may apply for a variance.
f)
An owner of a parcel of land that does not conform to a new zoning by-law may continue to use
the land for any use approved under the previous zoning by-law and construct or alter a building
on the land as long as all other requirements (including height and required yards) are met.
g)
Additional regulations for lawfully existing non-conformities are found in The Planning Act.
h)
The legal status of buildings, structures or land, or their use, is not affected by change of
ownership, tenancy or occupancy of the building, structure, or land.
i)
A certificate may be issued by Council upon application of any person having an interest therein,
describing the land, building, or structure, or the use or intensity of use of land or a structure that
was lawfully in existence at the date of the enactment of this By-law, and stating it may continue
to exist although it does not conform to this By-law, in accordance with The Planning Act. A
request for a certificate of non-conformity for a building or structure must be accompanied by a
Building Location Certificate prepared by a Manitoba Land Surveyor.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
40
PART 6: DEFINITIONS
6.1 DEFINITIONS IN THE PLANNING ACT
Terms not defined in this By-law which are defined in The Planning Act have the meaning provided in that
act.
6.2 DEFINITIONS IN THIS BY-LAW
Where the following terms appear in this By-law, they have the meaning provided as follows:
A
Abattoirs means a building, structure, or part thereof, used for the slaughtering of animals and related
activities.
Accessory means a use, building or structure that is naturally and normally incidental, subordinate in
purpose or area, or both, and exclusively devoted to the use, building, or structure to which it is accessory. A
use shown as a conditional use in the Use Table cannot be accessory to a use shown as a permitted use for
the same zone.
Advertising Sign means a sign directing attention to a business, commodity, service, entertainment, or other
matter, not conducted, sold, offered, or carried out on the same site (or on an adjacent site under the same
ownership) where the sign is maintained.
Agri-Business means an establishment that provides goods or services to the agricultural sector, including
(but not limited to) farm equipment and machinery repair shops, feed operations, and commercial seed
cleaning plants.
Agricultural, General means a use of land for agricultural purposes. Typical uses include farming, agriculture,
aquaculture, floriculture, and horticulture. This does not include Livestock Operations.
Agricultural, Specialized means an agricultural operation in which high value, lower volume, intensively
managed agricultural products are produced on a smaller land holding than the minimum size required for
general agriculture.
Aircraft Landing Area includes all open spaces, buildings and structures used in connection with the landing
or take-off of aircraft.
Airport means land 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 rights-of-way, including
taxiways, aircraft storage and tie-down areas, hangers, helipads, and other related buildings and open
spaces.
Alterations, Incidental means changes or replacements in the non-structural parts of a building or structure,
including, but not limited to the following:
a)
An addition, alteration, removal, reconstruction, or replacement on the non-structural exterior of
a residential building.
b)
An addition, alteration, removal, reconstruction or replacement of any unroofed driveway,
sidewalk, patio, or any accessory building floor.
c)
Alteration of non-load bearing interior partitions in all types of buildings.
d)
Replacement of, or changes in, the capacity of utility pipes, ducts, or conduits.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
41
e)
Replacement and placement of necessary roofing materials, awnings, eaves, overhangs, and
related structures provided the area and height of the roof are not increased.
f)
The addition and replacement of interior structures such as furnaces, fuel tanks, water heaters,
fireplaces, or wood stoves.
g)
Replacement of exterior building facades.
Alterations, Structural means any change, which prolongs the life of the supporting members of a building
or structure, which includes, but is not limited to, bearing walls, columns, beams, or girders.
Amusement Enterprise, Indoor means a commercial establishment designed and equipped for assembly
occupancy uses for the conduct of sports, exercise and/or leisure-time activities within a fully enclosed
building.
Amusement Enterprise, Outdoor means an outdoor facility whose main purpose is to provide the general
public with entertainment or recreation, with or without charge.
Anhydrous Ammonia Storage Facility means an area for the storage of anhydrous ammonia that is
commonly used as a fertilizer, including sales and service.
Animal Keeping means a use where livestock or other animals (excluding pets) less than 10 animal units
(cumulative across species) are sheltered, bred, raised, or sold.
Apiary means any place where bees are kept.
Auction Mart means a development specifically intended for the auctioning of livestock and/or goods and
equipment, including temporary storage of such goods and equipment.
Automotive and Recreation Vehicle Sales and Service 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 servicing and mechanical repair. This includes automobile
dealerships, car rental agencies and motorcycle dealerships, transmission shops, muffler shops, tire shops,
automotive glass shops, and upholstery shops, but does not include body repair and paint shops.
B
Bed and Breakfast means a home-based business operated within a principal dwelling that provides short-
term temporary lodging (other than a hotel or motel) and may also provide breakfast to guests.
Boarding or Rooming House means a building, other than a hotel or motel, which provides living units with
separate sleeping areas and some combination of shared bath or toilet facilities. The building may or may
not provide meals to guests for compensation and may or may not have separate shared cooking facilities
for residents. Care, treatment, or supervision must not be provided to any resident.
Boat Docks and Boat Houses means a building or part thereof, used by the occupants of the premises
primarily for the parking or storage of private boats or other personal watercraft, but does not include living
accommodations.
Body Modification Services means a commercial establishment that provides physical body adornment by
body piercing or tattooing including scarification and the insertion of implants.
Brewery / Liquor Distillery means a facility that possesses the appropriate license(s) issued by the Province
of Manitoba to allow it to produce onsite, sell, and distribute beer or other liquor or distilled spirits. All
processes, functions and mechanical equipment directly associated with the production of beer, wine or
other liquor must be contained inside a building. A tasting room established in accordance with all Province
of Manitoba regulations and licensing requirements for the consumption of beer or other liquor may form
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
42
part of the craft brewery or distillery. Other associated commercial sales and service uses may be
established in conjunction, such as restaurant, drinking establishment or small-scale retail sales for the sale
of merchandise associated with the brewery or distillery.
Building has the meaning provided in The Planning Act, except that it does not include a well, pipeline,
excavation, cut, fill, or transmission line.
Bulk Storage and Sales means a place for the storage or distribution of large quantities of raw materials or
industrial-related goods in above-ground containers. This use does not include anhydrous ammonia
facilities.
Bus Depot means an area utilized by commercial carriers for pick-up or drop-off of passengers, including
loading and unloading areas, shelters, restrooms, concessions, benches, information offices, parking, ticket
sales, landscaping, lighting and other such facilities and appurtenances.
Bus Garages and Compounds means a facility where public transportation buses are stored, repaired, and
maintained.
C
Camping and Tenting Grounds 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.
Cannabis means cannabis as defined in The Cannabis Act.
Cannabis Cultivation growing of cannabis plants, industrial hemp plants (those containing 0.3% THC or
more), and harvesting material from those plants, as well as associated activities.
Cannabis Sales means the premises specified in a retail cannabis licence where the retail sale of cannabis is
authorized.
Cannabis Processing means the manufacturing, packaging, and labelling of cannabis products designed for
sale to consumers, and the intra-industry sale of these products, including to provincially/territorially
authorized distributors, as well as associated activities.
Caterer/Catering Establishment means a place where food is prepared in large quantities and is then
delivered and consumed elsewhere but does not include a retail store or restaurant selling food directly to
the public.
Cemetery means a development of a parcel of land, primarily a landscaped open space for the entombment
of the deceased and may include, as accessory uses, the following: columbaria, crematoria, cineraria
mausoleums and mortuaries, when operated in conjunction with and within the boundaries of such
cemetery.
Child Care Facility means the provision of childcare services in a provincially licensed facility but not inside a
home.
Child Care, Home means the provision of childcare services for no more than 12 children, in a provincially
licensed facility accessory to a private dwelling.
Club, Private or Public means a non-profit organization incorporated as such by the Government of Canada
or the Government of Manitoba. Includes those facilities licensed/used for the meeting, social, or
recreational activities of non-profit philanthropic, social service, athletic, business, or fraternal organizations,
without on-site residences. When licensed for the sale of alcoholic beverages by the Government of
Manitoba, such a club is considered a "drinking establishment."
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
43
Commercial Services means a use related to the provision of professional, management, administrative,
consulting, and financial services, but does not include health services, nor the processing, storing, or selling
of goods for any associated businesses. Typical uses include, but are not limited to: the offices of lawyers,
accountants, engineers, and other professions; banks, credit unions, and similar financial institutions; and,
clerical, secretarial, or administrative services.
Commercial Storage means a development, which includes a series of enclosed storage bays or lockers, and
may include exterior storage sites for recreational vehicles, all of which are intended for rental or lease to
the public.
Communications Facilities means outdoor equipment and structures required for the purposes of
transmitting or receiving television, radio, microwave, radar, laser, or similar communications signals. These
facilities may include, but are not limited to: antennae, aerials, receiving dishes, transmission beacons,
masts, and towers.
Community Garden means an area managed by a non-profit organization, a community-based entity, or a
public entity where members of the community may grow plants for beautification, education, recreation,
community distribution or personal use.
Community/Recreation Centre or Facility means a development for recreational, social, or multiple purpose
use with or without fixed seats. Primarily intended for local community purposes.
Controlled Area is defined in The Transportation Infrastructure Act.
Control Line is defined in The Transportation Infrastructure Act.
Cryptocurrency Processing Facility means the operation of specialized computer equipment for the purpose
of mining one or more blockchain-based cryptocurrencies. Typical physical characteristics of cryptocurrency
mining include specialized computer hardware for mining operations as well as equipment to cool the
hardware and operating space. For the purposes of the associated regulations, cryptocurrency mining does
not include the exchange of cryptocurrency or any other type of virtual currency nor does it encompass the
use, creation, or maintenance of all types of peer-to-peer distributed ledgers.
D
Designated Area means an area designated for use as an urban centre, settlement centre, rural residential
area, cottage area, park area or recreational area in the applicable development plan.
Design Flood means a flood magnitude on a water body that, on average, is expected to occur once during a
one-hundred-year period.
Drive-Through Facility means a facility designed to provide goods or services to the persons in standing (as
opposed to parked) motor vehicles, including but not limited to a drive-through restaurant or bank.
Dwelling means one or more rooms used or intended to be used as a single housekeeping unit with cooking,
sleeping and sanitary facilities. This includes a ready-to-move or modular construction dwelling but does not
include mobile/manufactured homes.
Dwelling, Cottage means a building, located on a single site, containing one dwelling that is intended to be
used seasonally or on a part-time basis.
Dwelling, Multi-Unit means a building, located on a single site, containing three or more dwellings (for
example, row houses, town houses, or apartment buildings).
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
44
Dwelling, Single-Unit means a building, located on a single site, containing one dwelling.
Dwelling, Two-Unit means a building, located on a single site, containing two dwellings (for example, a
duplex or a side-by-side).
E
Earth Moving Contractors facilities utilizing earth-moving equipment or heavy machinery that can move and
grade soil and rock used for construction work, materials handling, demolition, mining, and any other
industry that requires more power than can be provided by humans.
Emergency Residential Shelter means a facility where emergency temporary lodging is provided to persons
who are homeless, due to indigence or disaster, operated by a public or non-profit agency, and where on-
site supervision is provided whenever such shelter is occupied.
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 include police stations, fire
stations, and ancillary training facilities.
F
Farmers' Market means an occasional or periodic market held in an open area or in a structure where
groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh
flowers, arts and crafts items, and food and beverages dispensed from booths located on-site.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
45
Food and/or Drink Establishment means a building or portion of a building, where the principal purpose is
the sale to the public of prepared foods for consumption within the premises or off the site. This use class
includes licensed drinking establishments.
Forestry Use means the general raising, harvesting, and cutting of wood, as well as forest renewal and
maintenance activities. This use includes sawmills and related uses, including accessory structures.
Fuels/Bulk Sales, and Storage means an establishment or place operated at a fixed location for the storage
of large quantities or public sales of gasoline or any other motor vehicle engine fuel.
Funeral Chapel, Mortuary, Columbarium, or Crematorium means a facility for storage and cremation, or a
building used for the preparation of the deceased for burial and the display of the deceased and ceremonies
connected therewith before burial or cremation.
Fundraising Event means an activity sponsored by a non-profit organization or public entity for the purpose
of raising funds or providing information, other than a special event.
G
Gallery/Museum or Historic Site means a commercial establishment engaged in the sale, loan or display of
paintings, sculpture, textiles, antiquities, or other works of art or a permanent facility, open to the public,
with or without charge, for the collection and display of paintings, sculpture, textiles, antiquities, or other
works of art. This type of use is distinct from and does not include libraries.
Garden Centres, Greenhouses, Nurseries means a development used primarily for the raising, storage, and
sale of bedding, household, and ornamental plants.
General Agricultural Activities means an agricultural operation as defined in the Provincial Planning
Regulation but does not include a livestock operation.
Golf Course means a public or private area operated for the purposes of playing golf and includes a club
house and associated recreational facilities.
Grade means the average level of finished ground adjoining a building or structure at all exterior walls as
determined by the Designated Officer.
Grain Terminal means a facility or area for the temporary storage of grain for transferal to trucks, train cars,
or other forms of transportation.
Group Camp means a commercial recreational establishment that may consist of one or more buildings
containing single or multi-unit dwellings, cabins, recreational facilities and service facilities that are used on
an intermittent and seasonal basis. Other facilities that may be part of the resort development include: a
campground, yurts, hotel, retail uses, eating and drinking establishment, marina, dock, boat ramps, golf
course, and other outdoor recreational facilities, trails, and similar uses.
H
Hazardous Bulk Storage and Sales means a place for the storage or distribution of large quantities of
hazardous or noxious goods such as farm chemicals, bulk fuel, or fertilizer, in above-ground containers.
Height means the total number of storeys in a building, or the vertical distance measured from grade to:
a)
The highest point of the roof surface of a flat roof.
b)
The deck or eaves of any other roof type.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
46
Home Industry means a light manufacturing operation that is carried out as a secondary use on the same
site as a dwelling.
Home-Based Business means an occupation or activity operated entirely within or from a dwelling unit by a
full-time resident that is accessory to the use of the premises as a dwelling.
Hospital / Clinic, Dental, Medical, or Optical Related Facility means an institution or facility that provides
medical care or services including consultation, diagnosis, and treatment of patients by medical
professionals. This may include administrative offices and staff, waiting rooms, laboratories, pharmacies /
dispensaries, operating rooms on an out-patient basis and similar uses.
Hotel or Motel means a building or portion of a building providing temporary accommodation in individual
guest rooms or suites for a fee, with or without provision for cooking in any individual guest room or suite.
I
Industrial, Heavy means a use of land that includes the assembly, fabrication, storage, or processing of
goods and materials that may have impacts in terms of noise, fumes, odours, or safety hazards outside of
the structures in which the use takes place.
Industrial, Light means a use of land that includes the assembly, fabrication, storage, or processing of goods
and materials that do not create noise, fumes, odours, safety hazards outside of the structures in which the
use takes place.
J
Junk/Scrap Yard means a lot and/or premises for the storage and/or handling and/or sale of scrap, salvaged
or used materials, and may include including a secondary sales and service establishment or premises.
K
Kennel means an establishment in which dogs or cats are housed, groomed, boarded, trained, bred or sold,
on a daily or overnight basis, for commercial purposes. A kennel shall not include a veterinary clinic, animal
hospital, or animal pound.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
47
L
Library / Cultural Facility 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.
Livestock Operation means a permanent or semi-permanent facility or non-grazing area where at least 10
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.
Liquor Sales means the commercial retail sales of beer, wine, liquor, and similar products.
M
Mining and Extraction means an area, pit or quarry from which aggregate, stone, minerals, including peat
and soil, are removed / extracted.
Mobile / Manufactured Home means a portable dwelling unit that is designated to be used as living
quarters that is capable of being transported on its own chassis and running gear by towing or other means.
Mobile / Manufactured Home Park means an area that is intended to be used, and is used, for the placing
or parking of mobile / manufactured homes, and includes any auxiliary buildings or other structures or
facilities intended for or to be used for cooking, personal cleanliness, washing, health or sanitation, or any
one or more or all of those purposes and which has been approved by Council.
N
O
Office means the use of a building or a portion of a building for the provision of services to a business, an
organization, or to the public. It does not include the manufacturing of any product or the retail sales of
goods.
Outfitting Cabins and Lodges means any land or premises equipped with cottage dwelling(s) used or
maintained for accommodation of the public for outdoor recreation purposes related to hunting, fishing,
nature pursuits, and like uses.
P
Park / Plaza / Square / Playground means a development of land specifically designed or reserved for the
general public for active or passive recreational use and includes all natural and man 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 and playgrounds and water
features.
Parking, Surface Lot means a space on the premises other than streets, used for the temporary parking of
motor vehicles.
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.
Personal Services 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
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
48
includes barbershops, hairdressers, beauty salons, tailors, dressmakers, shoe repair shops, and dry-cleaning
establishments and laundromats. This use does not include Body Modification Establishments.
Place of Worship means a building (ex: a church, chapel, mosque, synagogue, or temple) primarily used for
religious purposes.
Planned Unit Development means a land development project planned as an entity in accordance with an
overall site plan which permits flexibility in siting of buildings, mix of uses and housing types, useable open
spaces, and the preservation of significant natural features.
Portable Asphalt or Concrete Batch Plant means a temporary facility with equipment designed to heat, dry,
and mix aggregate to produce paving material and includes stockpiling and storage of bulk materials used in
the process.
Portable Garage means a temporary structure intended to store goods or materials that may consist of
metal or steel frame and is covered by such material as canvas, plastic, polyethylene, various types of fabric
or similar materials.
Principal Use means the primary or predominant activity on any lot or within any building or structure.
Principal Building means a structure on a site used to accommodate the principal use.
Public Utility means a system furnishing water, sewage collection, electricity, electrical charging,
telecommunication services, gas, or similar services to properties by means of pipes, lines and other
equipment located on or under public roads and other rights-of-way. It does not include private for-profit or
commercial-scale wind or solar energy generating systems.
Public Works Facility means any publicly owned or occupied land, building, structure, system, plant or
equipment constructed, erected, extended, enlarged, repaired, excavated or employed for the purpose of
providing services to the public.
Q
R
Recycling Depot means a use that serves as a drop-off point for temporary storage and processing of
recoverable resources such as newspapers, glassware, plastics, and metal cans. This use category does not
include a salvage yard.
Rehabilitation / Healing Centre means a facility licensed or contracted to provide temporary occupancy in
order to provide rehabilitation, healing, treatment or counseling services.
Residential Care Facility / Assisted Living Facility means the use of a building for the purpose of providing
lodging, meals, care and supervision, or transitional services to persons not related by blood, marriage, or
adoption to the operator nor to each other.
Retail means the use of a building or portion of a building where goods, wares, merchandise, or similar
items are offered for sale directly to the public.
Retail, Small means a building or portion of a building where the retail use occurs in a space with a ground
floor area less than 5,000 sq ft (465 sq m).
Retail, Large means a building or portion of a building where the retail use occurs in a space with a ground
floor area equal to or greater than 5,000 sq ft (465 sq m).
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
49
S
Schools means an establishment which is privately or publicly supported or subsidized offering education,
training, or instruction.
Seasonal Sales means the outside sale of seasonal merchandise, other than those sold at a farmer's market,
such as Christmas trees, flags, kites, or arts and crafts.
Secondary means a use or structure that takes place on the same site as a principal use or structure that is
not naturally and normally carried out as part of that principal use (ex: a daycare in an office building).
Secondary Suite means a second dwelling unit detached from, attached to or within a principal building,
that provides basic requirements for living, sleeping, cooking and sanitation.
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.
Sewage Treatment Plants / Sites or Lagoons means a facility where wastewater or sewage is treated. It
includes, but is not limited to, wastewater treatment plants, tanks, and lagoons.
Shipping Container means a prefabricated metal structure designed for use as a storage enclosure and
which may be permanent or temporary in nature.
Site means a whole lot or block in a registered plan of subdivision, or the aggregate of all contiguous land
described in a certificate of title or in more than one certificate of title provided they are in the same
ownership.
Site, Corner means a site situated at the intersection of two streets.
Site, Interior means a site other than a corner site or a through site.
Site, Through means a site having a pair of opposite site lines along two more-or-less parallel streets.
Site Area means the computed amount of gross land area contained within the site lines.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
50
Site Coverage means the combined area of all buildings, structures, and paved surfaces 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, screen porches or veranda, patios at grade, steps, uncovered
walks, wheelchair ramps, cornices, eaves, and similar projections.
Site Line means one of the boundaries of a site.
Site Line, Front means that boundary of a site along an existing or designated street. For a through site or
corner site, the site lines along both streets shall be deemed front site lines. Where an irregular shaped site
cannot have its site lines defined by this definition, the front site line shall be determined by the Designated
Officer.
Site Line, Rear means that boundary of a site which is most nearly parallel to the front site line. Where an
irregular shaped site cannot have its site lines defined by this definition, the rear site line shall be
determined by the Designated Officer.
Site Line, Side means any boundary of a site which is not a front or rear site line.
Site Width means the horizontal distance between the side site lines, measured at right angles to the site
depth at a point midway between the front and rear site lines, or 40 ft (3.7 m) from the front site line,
whichever is the lesser.
Sleep Cabin means a building accessory to and subordinate to a Cottage Dwelling, that is designed to
provide additional sleeping quarters for occasional guests of the owner and without kitchen facilities.
Solar Collector means a panel or other solar energy device with the primary purpose of gathering, storing,
and distributing solar energy for electricity generation, space heating, space cooling, or water heating. Solar
collectors can be ground anchored or wall-mounted and used for on-site electrical needs or commercial sale
and distribution.
Special Event means a transportable group or aggregation or combination of rides, shows, performances,
games, or concessions (i.e. carnival, circus, fair, concert, or similar event).
Stable means a building or land where horses are sheltered, fed, or kept for personal use.
Storey means that portion of any building which is situated between the top of any floor and the top of the
floor next above it; and if there is no floor above it, that portion between the top of such floor and the
ceiling above it but does not include a cellar.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
51
Structure means a thing constructed or erected with a fixed location on or below the ground or attached to
something with such a fixed location. It includes, but is not limited to, buildings, walls, fences, signs,
billboards, light standards, and antennas.
T
Telecommunication Towers means outdoor equipment and structures required for the purposes of
transmitting or receiving television, radio, microwave, radar, laser, or similar communications signals. These
facilities may include, but are not limited to: antennae, aerials, receiving dishes, transmission beacons, masts
and towers.
Temporary Construction Trailer or Building means a portable structure or trailer used for the storage of
construction materials and/or the offices or workspaces for construction managers or workers during the
time a principal or accessory building is being constructed.
Theatre means an establishment devoted to showing motion pictures or dramatic, dance, musical or other
live performances.
Trades and Contracting Facilities 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 requires 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 service use only.
Trucking Establishments and Operations means land, buildings or structures used for the purpose of
storing, servicing, repairing, or loading trucks, transportation trailers and buses. This use class includes
automotive repair, eating and drinking areas, retail sales, gas bars and/or services stations, which can be
considered accessory uses.
U
Urban Farm means a site or building where fruits, vegetables, and other plant products are grown, washed,
or packaged for wholesale or retail sales. This use is distinct from animal keeping.
V
Veterinary Clinic means a development used for the care and treatment of animals where the veterinary
services primarily involve outpatient care and minor medical procedures.
W
Waste Disposal Grounds / Sites means the land, structure, monitoring devices, and any other improvements
on the land used for monitoring, treating, processing, storing or disposing of solid waste, leachate or
residuals from solid waste.
Waste Transfer Station means a facility where waste materials are collected in bulk containers for shipment
to a landfill site, recycling facility or other waste disposal facility.
Water Treatment Plants and Reservoirs means any facility, either publicly or privately owned and/or
operated, where the quality of water is improved through filtering or chemical treatments for distribution.
Wind Energy Generating System means a device or group of devices such as wind chargers, windmills, or
wind turbines, including towers, that convert wind energy into electrical energy for generation of power for
sale by a public or commercial enterprise, including all associated accessory facilities.
Wind Energy Generating System, Commercial means a wind energy generating system designed and built to
provide electricity for commercial sale and distribution to the electricity grid.
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
52
Wind Energy Generating System, On-Site Use means a wind energy generating system intended to primarily
serve the electrical needs of the on-site user or consumer (either behind the meter or off-grid) rather than
to produce power for resale. Rooftop Wind Energy Generation Systems are a type of On-Site Use Wind
Energy Generating System.
Wind Energy Generation System, Rooftop means a roof mounted wind turbine(s) and associated equipment
for converting wind energy to power.
Wholesale Businesses and Warehousing means a building or structure used for or intended to be used for
the bulk storage and distribution facilities of goods, merchandise, or material, and/or a building intended for
the wholesale storage or distribution of goods or products with associated retail sales.
Wildlife and Heritage Conservation Areas / Nature Reserves means land that has been designated by
Provincial legislation for the protection and conservation of wildlife.
X
Y
Yard means an open area between the exterior wall of a building and the boundaries of the site on which it
is located.
Yard, Corner Side means the yard extending along the side site line of a reverse corner site from the front
yard to the rear yard, the depth of which is measured perpendicularly from the nearest wall of the principal
building to the side site line.
Yard, Side means the yard extending along the side lot line from the front yard to the rear yard, the depth of
which is measured perpendicularly from the nearest wall of the principal building to the side site line.
Yard, Rear means the yard extending along the full length of the rear site line, the depth of which is
measured perpendicularly from the nearest wall of the principal building to the rear site line.
Yard, Required means the yard measured from a front, rear, or side site line towards the interior of the site,
within which no building or any part of a building may be located, unless permitted herein.
Z
ZONING BY-LAW
RURAL MUNICIPALITY OF DAUPHIN
BY-LAW NO. 3042
53
SCHEDULE A: ZONING MAPS
The zones established in Part 3 shall apply within the boundaries of the zones shown on the maps in
Schedule A following these rules of interpretation:
a)
Boundaries indicated as approximately following the centre-lines of streets, lanes, highways,
rivers, or railway or public utility lines or rights-of-way shall follow such lines.
b)
Boundaries indicated as approximately following parcel limits as shown on a registered plan or by
reference to the Dominion Government Survey shall follow such limits.
c)
If a street or lane or railway or public utility right-of-way ('the feature') shown on the Zoning Map
is lawfully closed, the land formerly comprising the feature shall be included within the zone of
the land which surrounds it. If the said feature included a zone boundary on its centerline, then
the zone boundary shall be the former centreline.