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By-law No. 2435-25
January 20, 2026
Zoning
By-law
Rural Municipality
of De Salaberry
[This page intentionally left blank.]
HOW TO USE THIS ZONING BY-LAW
This zoning by-law regulates the use, size, height, and location of buildings on properties
within the Rural Municipality of De Salaberry. 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 5: 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 Bulk/Use Table in Part 5: 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 that are underlined are only allowed as secondary or accessory uses. Uses with
Use Specific Standards are specified in the corresponding column with the location in
the By-law.
Step Three
How and where can you develop properties in your zone?
- Find the column with the zone of your property in the Bulk/Use Table in Part 5: Zones.
- The Bulk 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
the General Regulations Part 4 and the Definitions Part 3.
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) on a property.
- Check the Administration section in Part 2 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 zoning by-law and other applicable
by-laws.
- If you need a development permit, fill out a development 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, plumbing permits, electrical permits, demolition permits, etc. if applicable.
TABLE OF CONTENTS
1 Applicability and Scope .................................................................... 1
1.1 Title ............................................................................................................... 1
1.2 Scope ............................................................................................................ 1
1.3 Application ..................................................................................................... 1
1.4 Use and Development of Land and Buildings Must Comply ................................ 1
1.5 Restrictions in Other By-laws or Federal and Provincial Laws ............................. 1
1.6 Does Not Promote Nuisance ........................................................................... 1
2 Administration ................................................................................. 2
2.1 Administration and Enforcement ..................................................................... 2
2.2 When Development Permits are Required ........................................................ 2
2.3 Development Permits and Other Permits ......................................................... 2
2.4 When Development Permits are Not Required .................................................. 2
2.5 Applications for Development Permits ............................................................. 3
2.6 The Development Officer................................................................................. 4
2.7 Roles of the Development Officer .................................................................... 4
2.8 Responsibilities of Council .............................................................................. 5
2.9 Duties of the Owner ........................................................................................ 5
2.10 Application for Amendments, Variances and Conditional Uses .......................... 6
2.11 Expiry of Approval ........................................................................................... 6
2.12 Subdivisions ................................................................................................... 6
2.13 Development Agreement................................................................................. 7
2.14 Rules of Construction ..................................................................................... 7
2.15 Interpretation ................................................................................................. 8
3 Definitions ..................................................................................... 11
3.1 Definitions in The Planning Act ....................................................................... 11
3.2 Definitions in this By-law ............................................................................... 11
3.3 General Definitions ....................................................................................... 11
4 General Regulations ....................................................................... 35
4.1 Regulation of Uses ........................................................................................ 35
4.2 Multiple Uses or Provisions ........................................................................... 35
4.3 Secondary Uses and Structures ..................................................................... 35
4.4 Accessory Buildings and Structures ............................................................... 35
4.5 Legal Non-Conforming Buildings, Structures, Lots and Uses ........................... 36
4.6 Required Yards ............................................................................................. 37
4.7 Temporary Buildings, Structures, or Uses ....................................................... 38
4.8 Road Access ................................................................................................ 38
4.9 Service Connections ..................................................................................... 39
4.10 Public Utilities .............................................................................................. 39
4.11 Maximum Fence Height................................................................................. 39
4.12 Prohibited Fencing Materials ......................................................................... 40
4.13 Outdoor Lighting ........................................................................................... 40
4.14 Provisions for Off-Street Parking .................................................................... 40
4.15 Number of Parking Spaces Required .............................................................. 41
4.16 Accessible Parking........................................................................................ 42
4.17 Parking Area Design ...................................................................................... 42
4.18 Provisions for Off-Street Loading ................................................................... 43
4.19 Loading Requirements .................................................................................. 44
4.20 Entrances and Exits ...................................................................................... 44
4.21 Schools and Educational Facilities ................................................................ 45
4.22 Snow Storage ............................................................................................... 45
4.23 Parking Requirements Based on Floor Area .................................................... 45
4.24 Parking Dimensions ...................................................................................... 45
4.25 Parking Use Table ......................................................................................... 45
4.26 Bicycle Parking Requirements ....................................................................... 46
4.27 Landscaping and Buffering ............................................................................ 46
4.28 Landscaping for Large Parking Areas .............................................................. 47
4.29 Location ....................................................................................................... 47
4.30 Maintaining Grades for Drainage .................................................................... 47
4.31 Lot Grading .................................................................................................. 47
4.32 Private Communications Facilities ................................................................. 48
4.33 Hazard Lands ............................................................................................... 48
4.34 Flood Risk Areas ........................................................................................... 48
4.35 Riparian and Wetland Areas .......................................................................... 49
4.36 Exceptions to Riparian Setbacks .................................................................... 49
4.37 No Alteration of Wetlands ............................................................................. 49
4.38 Protection of Important Areas ........................................................................ 49
4.39 Development Setbacks from Railways ........................................................... 49
4.40 Development Restrictions for Airports ............................................................ 50
4.41 Established Street Standards for Front Yards .................................................. 50
4.42 Development Setbacks from Provincial Highways ........................................... 51
4.43 Signage Regulations ...................................................................................... 51
4.44 Signs Not Requiring a Development Permit ..................................................... 52
4.45 Digital Signs ................................................................................................. 53
5 Zones ............................................................................................ 59
5.1 Establishing Zones ........................................................................................ 59
5.2 Zoning Boundaries ........................................................................................ 59
5.3 Permitted and Conditional Use Table ............................................................. 60
5.4 Bulk Regulations ........................................................................................... 60
5.5 Zones .......................................................................................................... 60
6 Use-Specific Standards .................................................................. 75
6.1 Standards for Animal Keeping ........................................................................ 75
6.2 Standards for Apiaries (Beekeeping) ............................................................... 75
6.3 Standards for Short-Term Rentals .................................................................. 76
6.4 Separation Distances for Dangerous Goods or Agrichemical Storage Facilities . 77
6.5 Standards for Dwellings in Agricultural Zones ................................................. 77
6.6 Standards for Two-Unit Dwellings .................................................................. 77
6.7 Standards for Multi-Unit Dwellings ................................................................. 77
6.8 Standards for Home-Based Businesses ......................................................... 78
6.9 Standards for Home Industries ...................................................................... 78
6.10 Standards for Livestock Operations Producing Less Than 400 Animal Units ...... 80
6.11 Standards for Large Livestock Operations Producing 400 or More Animal Units. 81
6.12 Standards for Mobile Homes ......................................................................... 85
6.13 Standards for Planned Unit Developments ..................................................... 86
6.14 Standards for Portable Garages ..................................................................... 87
6.15 Standards for Secondary Suites ..................................................................... 87
6.16 Standards for Sewage Treatment Sites (Lagoon) ............................................. 88
6.17 Standards for Shipping Containers ................................................................. 88
6.18 Standards for Solar Collectors ....................................................................... 88
6.19 Standards for Swimming Pools and Hot Tubs .................................................. 89
6.20 Standards for Urban Farms ........................................................................... 89
6.21 Standards for Wind Energy Generating System Tower (Commercial) ................ 90
6.22 Standards for Camping Trailers and Recreational Vehicles .............................. 90
6.23 Standards for Hobby Poultry .......................................................................... 91
6.24 Standards for Mobile Home Parks .................................................................. 91
6.25 Standards for Bed and Breakfasts .................................................................. 93
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
BY-LAW NO. 2435-25
Page 1
1 APPLICABILITY AND SCOPE
1.1
Title
This By-law shall be known as the Rural Municipality of De Salaberry Zoning By-law.
1.2
Scope
This By-law applies to all lands in the Rural Municipality of De Salaberry.
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
Use and Development of Land and Buildings Must Comply
Within the Rural Municipality of De Salaberry, 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.
1.5
Restrictions in Other By-laws or Federal and Provincial
Laws
Whenever a provision of another by-law or a law or regulation of the provincial or federal
government contains a restriction governing the same subject matter contained in this By-
law, or imposes inconsistent regulations with respect to uses, buildings, or structures, the
most restrictive or highest standard shall prevail.
1.6
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.
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2 ADMINISTRATION
This By-law shall be administered in accordance with the provisions of The Planning Act
and this PART.
2.1
Administration and Enforcement
In the administration and enforcement of this By-law, the Rural Municipality of De
Salaberry shall have all of the powers of inspection, remedy and enforcement provided
under Part 12 of The Planning Act.
2.2
When Development Permits are Required
A development permit is required for any of the following, except as otherwise provided for
in this By-law:
a) The erection, construction, enlargement, structural alteration or placing of a
building or structure, either permanent or temporary;
The establishment of a use of land or a building or structure;
b) The change of a use of land or a building or structure from the existing use to
another permitted use;
c) When the natural elevation of a site is changed (raised or lowered) by more than six
inches.
2.3
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.
2.4
When Development Permits are Not Required
A development permit is not required for incidental alterations as follows:
a) Patching, painting or decorating;
b) Replacement of stucco, siding or shingles with the same material;
c) Replacement of doors or windows when the opening is not altered;
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d) replacement of open 4ft by 5ft landing and stairs;
e) installation of cabinets and shelves;
f) a detached accessory storage building no greater than 120 square feet in building
area provided it does not create a hazard to neighbouring properties and meets the
setbacks set out in the Zoning By-Law;
g) a concrete pad which is not to serve as the foundation or floor of any structure;
h) Replacing of flooring;
i) change interior wall covering (i.e. drywall, panelling, etc.);
j) replacing eaves troughs and down spouts;
k) moving and or removing internal walls as long as it is not a load bearing wall;
l) non-structural alterations or repairs where the value of such work is less than ten
thousand dollars ($10,000). Anything more than $10,000, other than the above,
requires a Development Permit.
Despite not requiring a development permit, all items in this provision shall be subject to
requirements of this By-law.
2.5
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, structures, wells, and
onsite wastewater management systems.
iii)
the location and dimensions of any proposed building, structure,
enlargement, or alteration.
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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, parking areas, loading areas, or
signage (where applicable).
c) may be required to be accompanied by a building location certificate (for existing
buildings only).
d) may be required to be accompanied by the fee prescribed by the Municipality
resulting from the issuance of the Development Permit.
2.6
The Development Officer
The position of the Development Officer is hereby established. The person appointed as
Development Officer by the Municipality shall be a designated officer for the purposes of
The Planning Act.
2.7
Roles of the Development Officer
The Development 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 development
officer's knowledge, comply with this zoning 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 the zoning
by-law by no more than 15%; or
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ii)
the number of parking spaces required by the zoning by-law by no more than
15%.
2.8
Responsibilities of Council
Subject to the provisions of The Act, Council is responsible for:
a) administering and enforcing the provisions of this By-law.
b) considering the adoption or rejection of proposed amendments or the repeal of this
By-law.
c) approving or rejecting variance applications.
d) approving or rejecting conditional use applications, and may revoke the authorized
conditional use for any violation of any additional conditions imposed by it.
e) establishing a schedule of fees.
f) appointing a Development Officer to administer this By-law.
2.9
Duties of the Owner
Subject to the provisions of The Planning Act, the Owner is responsible for:
a) the preparation of all application forms and drawings which are required to be
submitted to the Development Officer in accordance with the provisions of this By-
law and The Planning Act.
b) obtaining all necessary permits and approvals which may be required by the Board,
Council or any agencies or departments of the provincial or federal governments,
prior to the commencement of construction, or the change of use of any land,
building or structure.
c) ensuring that all work is completed in accordance with the approved application
and development permit.
d) obtaining the written approval of the Development Officer before doing any work at
variance with the approved development permit.
e) permitting the Development Officer to enter any premises at any reasonable time
for the purpose of administering or enforcing this By-law, and shall not molest,
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obstruct, or interfere with the Development Officer in the discharge of his/her duties
under this By-law.
2.10 Application for Amendments, Variances and Conditional
Uses
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. The
application must also be accompanied by:
a) plans drawn to scale showing the shape and dimensions of the affected property.
b) plans drawn to scale showing the location and dimensions of existing buildings and
structures, including distances from property lines, other buildings, and setbacks.
c) plans drawn to scale showing the location and dimensions of the proposed
building, structure, enlargement, or alteration.
d) 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.
e) a description of the reason why the variance, conditional use, or amendment to this
By-law is being requested.
f) any other information required by the Development Officer to determine
compliance with, and to provide for enforcement of, this By-law.
2.11 Expiry of Approval
The approval of Council of a variance or conditional use shall expire and cease to have any
effect if it is not acted upon in the opinion of the Chief Administrative Officer or designate
within 12 months of the date of decision unless the application for an additional period of
twelve months is made prior to the expiry date of the original approval and for a second
period of not longer than 12 months if an application is received before the expiry of the
first extension.
2.12 Subdivisions
Approval of a subdivision of land is subject to the provisions contained in The Planning Act
and to the policies contained within the De Salaberry Development Plan and amendments
thereto. A variance order is required if the proposed lot, buildings or structures do not meet
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the minimum site area and width requirements or meet minimum setbacks. A conditional
use order is required if the proposed use of the land or buildings is listed in the use table of
this By-law.
Notwithstanding the fact 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 of
said parcel.
2.13 Development Agreement
Where an application is made for a subdivision, variance, conditional use or amendment
to this By-law, the Council may require the owner to enter into a development agreement in
accordance with the Act.
2.14 Rules of Construction
The following rules of construction apply to the text of this By-law:
a) Words, phrases, and terms are as defined within this By-law.
b) Words, phrases, and terms not defined within this By-law shall be as defined in The
Planning Act, The Municipal Act, The Buildings and Mobile Homes Act, The Manitoba
Building Code, the Building or Plumbing By-laws of the Rural Municipality of De
Salaberry and other appropriate provincial acts and regulations.
c) Words, phrases, and terms neither defined in this By-law nor in an applicable
Building or Plumbing By-law or other appropriate provincial acts and regulations
shall be given their usual and customary meaning except where Council determines
the context clearly indicates a different meaning.
d) Unless the context clearly indicates the contrary, where a regulation involves two or
more items, conditions, provisions, or events connected by the conjunction "and,"
"or" or "either-or," the conjunction shall be interpreted as follows:
i)
"and" indicates that all the connected items, conditions, provisions, or
events shall apply in any combination;
ii)
"or" indicates that the connected items, conditions, provisions, or events
may apply singly but not in combination; and
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iii)
"either-or" indicates that the connected items, conditions, provisions, or
events shall apply singly but not in combination.
e) The word "includes" or "including" shall not limit a term to the specified examples
but is intended to extend the meaning to all instances or circumstances of like kind
or character.
f) The phrases "used for" includes "arranged for," "designed for," "maintained for" or
"occupied for."
2.15 Interpretation
In their interpretation and application, the provisions of this Part and the provisions of all
zones established herein shall be held to be the minimum requirements to satisfy the
intent and purposes set forth in each zone.
The general provisions applying to all zones are contained within Part 2: Administration,
Part 3: Definitions, Part 4: General Regulations, and the Zoning Maps.
Drawings and illustrations form part of this By-law and are provided to assist in interpreting
and understanding the By-law. Where any conflict or inconsistency arises between a
drawing or illustration and the text of the By-law, the text shall govern.
Tables form part of this By-law and provide regulatory standards, either to supplement the
text or in place of text. Table headings, including column headings, row headings, and
groupings of columns and rows, form part of this By-law and have legal effect. Table notes,
located within the tables, indicate special situations that affect the application of
standards to specific zoning districts and are also part of this By-law. Where any conflict or
inconsistency arises between a table and the text of the By-law, the text shall govern.
The provisions of this By-law shall be interpreted to be the minimum regulations except
where the abbreviation for, or word, maximum is used, in which case the maximum
regulation shall apply.
In the interpretation of the boundaries of the zones as shown on the Zoning Maps, the
following rules shall apply:
a) Heavy lines represent zone boundaries. Where the zone boundary is broken by the
name of a street it shall be construed that the boundary continues through the
name of the street.
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b) Notwithstanding that streets, lanes, and public utility rights-of-way may be within
the zone boundaries, the regulations contained in this By-law shall not be deemed
to be applicable to said streets, lanes, and public utility rights-of-way.
c) Boundaries indicated as following the centrelines of streets, highways or lanes shall
be construed as following such centrelines.
d) Boundaries indicated as following lot, site or property holding lines on a registered
plan shall be construed as following such lot, site or property holding lines.
e) Boundaries indicated as following the limits of an incorporated municipality shall
be construed as following the limits of said municipality.
f) Boundaries indicated as following the centrelines of railway lines or railway rights-
of-way or public utility rights-of-way shall be construed to be midway between the
main tracks or the centre of the rights-of-way, as the case may be.
g) If a street, lane or Government Road Allowance shown on the Zoning Map is lawfully
closed, the land formerly comprising the street or lane or government road
allowance shall be included within the zone of the adjoining land; however, if the
said street or lane or government road allowance was a zoning boundary between
two or more different zones, the new zoning boundary shall be the former centreline
of the closed street or lane or government road allowance, except where the closed
road is being transferred to an adjoining owner, in which case the boundary shall
follow the limit of the consolidated property.
h) Where the zoning of a single site or lot is split into more than one zoning district,
each portion of the site or lot shall be developed and used in accordance with the
provisions of the applicable zoning district.
i) All plan references on the Zoning Maps pertain to registered plans filed in the
Winnipeg Land Titles Office.
j) The abbreviations noted within the text or on the Zoning Maps mean the following:
i)
"Blk." means Block;
ii)
"Gov't Rd. All'ce" means Government Road Allowance;
iii)
"Pcl." means Parcel;
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iv)
"Pt." means Part;
v)
"Rge." means Range;
vi)
"RM" means Rural Municipality;
vii)
"Sec." means Section;
viii)
"Twp." means Township;
ix)
"EPM" or "E" means East of the Principal Meridian;
x)
"PR" means Provincial Road;
xi)
"PTH" means Provincial Trunk Highway;
xii)
"dist." means distance;
xiii)
"incl." means including;
xiv)
"max" means maximum;
xv)
"min" means minimum;
xvi)
"sq ft" means square feet;
xvii)
"in" means inches when following a number;
xviii)
"sq m" means square metres; and
xix)
"lin ft" means linear feet.
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3 DEFINITIONS
3.1
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.
3.2
Definitions in this By-law
Where the following terms appear in this By-law, they have the meaning provided as
follows:
3.3
General Definitions
A
Abattoir means a building, structure, or part thereof, used for the slaughtering of animals,
rendering of meat, and related activities.
Abut or Abutting means a site or use that physically touches another site or use, and
shares a site line or boundary with it.
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.
Agricultural operation means an agricultural, horticultural or silvicultural operation that is
conducted in order to produce agricultural products on a commercial basis, and includes:
a) the production of crops, including grains, oil seeds, hay and forages, and
horticultural crops, including vegetables, fruit, mushrooms, sod, trees, shrubs and
greenhouse crops;
b) the production of eggs, milk and honey;
c) the raising of game animals, non-domesticated fur-bearing animals, game birds,
bees and fish;
d) the processing necessary to prepare an agricultural product for distribution from
the farm gate;
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e) the operation of agricultural machinery and equipment, including the tillage of land
and the application of fertilizers, manure, soil amendments and pesticides, whether
by ground or aerial application;
f) the storage, use or disposal of organic wastes for agricultural purposes.
Agricultural Operation, Communal or Communal Farm Operation means a principal
agricultural operation that has more than two (2) dwelling units and various accessory
uses intended to support and diversify the livelihood of its residents. Accessory uses may
include, but are not limited to, multi-unit dwellings, commercial or industrial operations,
schools and educational facilities, and places of worship.
Agricultural processing means facilities which store and process agricultural products,
including dairy, packaging and processing, grain elevators and the cleaning and processing
of grains.
Agriculture, Indoor means indoor horticultural or aquacultural operations using
hydroponic or other means to engage in growing plants for consumption and non-food
products, such as licensed cannabis cultivation facilities.
Agriculture, specialized means the use of land for greenhouses, apiculture, floriculture,
horticulture including market gardening, orchards and tree farming, and similar
agricultural activities on a commercial basis but on parcels smaller than 80 acres.
Specialized agriculture may contain limited retail of goods produced on site and
educational components, but agricultural production is to be the primary activity.
Aircraft landing field means an area of land utilized to accommodate landing and take-off
movements of aircraft for personal and agricultural use.
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 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.
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d) Replacement of, or changes in, the capacity of utility pipes, ducts, or conduits.
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.
Animal confinement facility means a barn or an outdoor area where livestock are
confined by fences or other structures excluding grazing.
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.
Animal Keeping means a use where up to 10 AU of livestock or other animals (excluding
pets and cumulative across species) are sheltered, bred, raised, or sold.
Animal Units means the number of animals of a particular category of livestock that will
excrete 73 kg of total nitrogen in a 12-month period.
Apiary means any place where bees are kept.
Automobile, Vehicular sales, service, and rental means the retail sale, service or rental
of new or used automobiles, motorcycles, snowmobiles, tent trailers, utility trailers, boats,
travel trailers or similar light recreational vehicles or crafts, together with incidental
maintenance services and sale of parts. This Use includes transmission shops, fuel
stations, car washes, muffler shops, tire shops, automotive glass shops, upholstery shops,
autobody repair and paint shops, automobile dealerships, car rental agencies and
motorcycle dealerships.
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Auction mart, livestock means a facility in which livestock are kept on a temporary basis
for the purposes of selling and distribution.
B
Bed and Breakfast means a temporary accommodation (shared with permanent residents
of the dwelling), typically provided with breakfast, offered to the travelling and vacationing
public in a private residential dwelling for an all-inclusive fee. A Bed and Breakfast is not a
Short-Term Rental.
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 fuel and chemical storage means the use of land for the storage, sale or distribution
of synthetic or petroleum-based fluids or chemicals, fertilizers, and other potentially
hazardous or noxious materials, primarily on a wholesale basis.
C
Camping and Tenting Grounds means a parcel of land planned and improved to
accommodate more than one travel trailer, camping trailer, pick-up coach, motorized
home, tent, tent trailer or other camping accommodation used for travel, recreational and
vacation uses for commercial purposes.
Camping trailer means a trailer that includes living quarters designed for temporary or
seasonal accommodation for use within a Camping and Tenting Ground.
Cannabis means cannabis as defined in the Cannabis Act (Canada).
Cannabis, Retail means the premises specified in a retail cannabis licence where the
retail sale of cannabis is authorized.
Cannabis Cultivation includes the following:
a) Standard cultivation means the large-scale growing of cannabis plants and
harvesting material from those plants, as well as associated activities.
b) Micro-cultivation means the small-scale growing of cannabis plants and
harvesting material from those plants, as well as associated activities.
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c) Industrial hemp means the growing of industrial hemp plants (those containing 0.3
% THC or less) and associated activities.
d) Nursery means the growing of cannabis plants to produce starting material (seed
and seedlings) and associated activities.
Cannabis Processing includes the following:
a) Standard processing means the large-scale 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.
b) Micro-processing means the small-scale 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.
Cemetery means land for the burial of the human remains, including mausoleums when
operated in conjunction with and within the boundaries of the cemetery.
Clinic means a facility for the provision of human health services and related activities
such as preparation of castings, dentures, and x-rays, for patients without overnight
accommodations, and associated laboratory facilities.
College or University means a development involving assembly for post-secondary
educational, training or instructing purposes, and includes administration offices,
residences, and food services, required for the provision of such services on the same site.
Commercial school means an establishment, other than elementary or junior high
schools, senior high schools, or colleges and universities, offering training or instruction in
a trade, art, or occupation, including beauty schools, dance schools, and trade or
vocational schools.
Commercial Activity means an activity that promotes, creates, or exchanges commercial
products or services.
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.
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Concrete and asphalt batching plant means land and buildings used for the storage and
mixing of the constituent elements of concrete or asphalt and includes parking,
maintenance, mechanical repair and refueling of mixing vehicles used to deliver product
batched at the premises.
Condominium means individual ownership of a unit in a multiple-unit structure where
expenses common to all parties are shared.
Condominium, bare land unit means a unit of land defined by delineation of its horizontal
boundaries without reference to any buildings on a condominium plan.
Contractors establishment means land and/or buildings intended for the storage of
equipment and materials and contracting businesses such as road building, construction,
plumbing, electrical and landscaping on the same site.
Controlled Area means the area between a declared provincial road right-of-way and a
control line, measured from the edge of the provincial highway right-of-way or within a
control circle measured from the centre of a provincial highway intersection, as described
on the Controlled Area Map dated September 22, 2020
(http://www.gov.mb.ca/mit/hpd/pdf/controlled_area_map.pdf).
Convenience Vehicle Rental means a facility that provides short-term automobile and
light-duty truck or van rentals.
Crematorium means a facility containing a certified furnace or similar device intended for
use in the incineration of human or animal corpses.
D
Daycare, Home means the provision of childcare services in a dwelling unit to children,
including the children of the owner or tenant, not over twelve (12) years of age.
Daycare, Group means the provision of childcare services in a provincially licensed
facility.
Design Flood means a flood magnitude on a water body that, on average, is expected to
occur once during a two-hundred-year period.
Designated Area means an area designated for use in the applicable development plan.
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Development Permit means a permit issued by the Rural Municipality of De Salaberry
authorizing development and may include a building permit.
Drinking Establishment means a building or a portion of a building, which is licensed by
the Government of Manitoba, where the principal purpose is the sale of alcoholic
beverages to the public, for consumption on the premises.
Drive Through Facility means a facility designed to provide goods or services to the
persons in motor vehicles or other modes of transport, including but not limited to a drive-
through restaurant or bank.
Drive-in establishment means an establishment with facilities for servicing prospective
customers travelling in motor vehicles, which are driven onto the site where the customer
may receive service in the vehicle.
Dwelling means one or more rooms used or intended to be used as a single housekeeping
unit with cooking, sleeping and sanitary facilities.
a) Dwelling, Farm means a dwelling (including a Single-Unit, Two-Unit, Multi-Unit or
Mobile Home) used exclusively for the habitation of labourers employed by the
farming operation where, in the opinion of the Designated Officer, said dwelling is
essential for the maintenance, operation and care of the farming operation.
b) 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).
c) Dwelling, Single-Unit means a detached building, located on a single site,
containing one dwelling but not a Mobile Home.
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d) Dwelling, Two-Unit means a building, located on a single site, containing two
dwellings (for example, a duplex or a side-by-side).
E
Eating and drinking establishment means the selling of prepared foods, for consumption
within the premises or take-out. This includes licensed drinking establishments,
restaurants, cafes, delicatessens, home delivery or catering.
Emergency Services means public institutions which provide protective and emergency
response services, including police, fire, ambulance or paramedic services.
Entertainment/amusement facilities means a commercial facility open to the public
offering recreational activities including, but limited to, video arcades, bowling, movie
theatres, and miniature golfing.
Exterior storage means the storage of merchandise, goods, inventory, materials or
equipment or other items that are not intended for immediate sale, by locating them
outside.
F
Flood protection level means either the 200-year flood or a recorded flood exceeding the
200-year flood (design flood) plus 0.61 metres (2 feet) of freeboard.
Floor Area Ratio means the figure obtained when the area of all the floors of the buildings
constructed or proposed to be constructed on a lot is divided by the area of the lot, subject
to the following:
a) The area of the floor of the building shall be measured to the outside edge of the
exterior walls, excluding basements and crawl spaces over 1.52 m. (5.00 ft.) clear
height and shall exclude balconies, canopies, terraces, and sun decks.
b) Undevelopable areas are excluded.
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c) Where parking is a principal use of the lot, those areas which are used for parking
within the outermost walls of a building or underground shall be counted in the
calculation.
Fuel pumps and associated structures when incidental to a service station
Funeral home/mortuary means a facility for the storage of deceased human bodies, 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.
G
General Agriculture means an agricultural operation as defined in the Provincial Planning
Regulation but does not include a livestock operation.
Grade, lot means the slope or elevation of the ground on a property, typically in relation to
drainage and building construction. It determines how water flows away from structures to
prevent flooding and erosion. Proper lot grading ensures that water drains away from
buildings and towards designated drainage areas, such as streets, ditches, swales or
stormwater systems.
Grade, natural means the original, undisturbed level of the ground before any excavation,
filling, or construction takes place. It represents the natural contours and elevation of the
land as it existed prior to human alteration or approved lot grading.
Grading means the shaping or sloping of land.
Group home means a residence that is licensed for the accommodation of less than six (6)
persons, exclusive of staff or receiving family, living under supervision in a single
housekeeping unit by reason of their health.
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Gun range means a licensed indoor or outdoor facility for the recreational discharge of
firearms.
H
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 in the case of a building with a flat roof or a roof having a
slope of less than 20 degrees; and
b)
c) the average level between eaves and ridges in the case of a pitched, gambrel,
mansard or hipped roof, or a roof having a slope of more than 20 degrees, provided
that in such cases the ridge line of the roof shall not extend more than 1.5 m. (5 ft.)
above the maximum permitted building height.
Hobby Poultry means the keeping of a limited number of hens on a non-agricultural
property for personal use.
Home-Based Business means any business activity which includes sales, a commercial
or professional operation, business service, trade, practice, office or use which is carried
on or in or from a dwelling unit and/or its permitted accessory buildings, is intended as a
for-profit operation, and is clearly incidental to, accessory to, or secondary to the
residential use of the dwelling unit.
Home Industry means a light manufacturing operation that is carried out as a secondary
use on the same site as a dwelling. The land associated with a home industry is more
intense than those associated with a Home-Based Business and may include some
external noise, odour, light, or traffic impacts as well as the external storage of products or
materials.
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Hospital means an institution that offers inpatient care under direct supervision of
qualified medical doctors.
Hotel or motel means a development used for the provision of rooms or suites for
temporary sleeping accommodation.
House, boarding, lodging, or rooming means a building or portion thereof, other than a
hotel or motel, without cooking facilities, where lodging, or lodging and meals are provided
for compensation on a monthly basis.
Household means one or more persons voluntarily associated, plus any dependents,
living together as an independent, self-governing single housekeeping unit.
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
K
Kennel means any premises on which more than three (3) animals over the age of four (4)
months are boarded, bred, trained or cared for, in return for remuneration or are kept for
the purpose of sale. A kennel shall not include a veterinary clinic.
L
Landscape and garden supply means an establishment, including a building, part of a
building or open space, for the display and/or sale of plants, trees, and other materials
used in indoor or outside planting for retail sales and incidental wholesale trade.
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 or sale yard.
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M
Manufacturing, Heavy includes manufacturing, assembly, processing and storing of
products and goods in an enclosed and/or outdoor facility from which significant
emissions may be generated during the normal course of operations. Uses include
foundries, chemical plants and refineries.
Manufacturing, Light includes manufacturing, assembly, and processing of products and
goods entirely contained within an enclosed facility, with minimal outdoor storage, from
which little or no emissions are generated during the normal course of operations.
Manure storage facility, earthen means a structure built primarily from soil, constructed
by excavating or forming dikes, and used for storing or treating livestock manure, but does
not include:
a) a collection basin;
b) a field storage site; or
c) a temporary composting site for manure.
Manure storage facility, non-earthen means a non-earthen structure, molehill, tank or
other non-earthen facility for storing or treating manure, but does not include a gutter or
concrete pit used to contain liquid or semi-solid manure for less than 30 days for the
purpose of moving the manure to a manure storage facility.
Mobile Home means a portable dwelling unit that is designated to be used as a permanent
living quarter and that:
a) is capable of being transported on its own chassis and running gear by towing or
other means, or
b) is placed on the chassis or body of a motor vehicle, and
c) is approved by the Canadian Standards Association (CSA Z-240 MH).
Modular Home means a dwelling unit or other structure that is built offsite and transported
either whole or in part to the site for final assembly, and subject to CSA approval (CSA A-
277).
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N
Non-Conformity means a parcel of land, building, structure, or use which lawfully existed
prior to the effective date of this By-law or amendments thereto, but does not conform to
the provisions contained within this By-law or amendments thereto.
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.
Outdoor Solid Fuel Heating System means a self-contained unit designed to provide
heating to the principal building or any other structure or area on the premises.
Outdoor Storage means the outdoor storage of merchandise, goods, inventory, materials
or equipment or other items.
P
Park and ride facility means a facility where commuters convene and cars are parked for
the purposes car-pooling, ride sharing or accessing transit.
Parking, Surface Lot means an unenclosed area where motor vehicles may be stored for
purposes of temporary, daily, or overnight off-street parking as a principal use.
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.
Patio means a roofless, unenclosed outdoor structure, with or without steps, consisting of
a platform or deck and connecting to an exterior door on the ground floor of a dwelling,
regardless of whether or not a cellar or part thereof is located beneath such structure.
Personal Services means the use of a building to provide services involving the care of a
person or apparel, such as shoe repairs, laundry and drycleaning, beauty and barber
shops, clothing/costume rental, tanning, registered massage therapy, other personal
grooming facilities and domestic assistance services. Personal services may include
limited retail of products related to the services provided on premises.
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Place of assembly means a building (excluding dwelling units), or portion thereof, in
which persons may gather for recreational, educational, political, social, or other
purposes. Places of assembly may include indoor or outdoor components and may be
licensed for serving food and alcoholic beverages.
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 the setting of buildings,
useable open spaces, and the preservation of significant natural features.
Portable garage means a temporary structure intended to store vehicles, goods or
materials that may consist of a metal or steel frame and is covered by such material as
canvas, plastic, polyethylene, various types of fabric or similar materials. A portable
garage is considered to be an accessory use structure only.
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.
Private 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.
Private greenhouse or conservatory means an accessory, enclosed structure used for
the growing and storage of plants for personal use. Private greenhouses or conservatories
shall adhere to the bulk requirements for accessory structures for the zone in which they
are located.
Private swimming pool means an artificially constructed basin, lined with concrete,
fibreglass, vinyl or like material, that is capable of containing a water depth greater than 2
feet (0.60 metres) and is located on the property of a single-family dwelling.
Professional, financial and office support service means a development primarily used
for the provision of professional, management, administrative, consulting, and financial
services. Typical uses include the offices of lawyers, accountants, engineers, and
architects; offices for real estate and insurance firms; clerical, secretarial, employment,
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telephone answering, and similar office support services; and banks, credit unions, loan
offices and similar financial uses.
Public utility means any person, firm, corporation, municipal department, or board duly
authorized to furnish, and furnishing under provincial or municipal regulations to the public
electricity, gas, steam, communication, telegraph, transportation, or water services. For
the purposes of the By-law Public Utility also means the use of land for the purpose of
providing such service.
Public works yard means a premises operated by the RM or Province for the storage,
manufacture, maintenance or repair of buildings, infrastructure, materials or equipment.
Q
R
Recreation facility, indoor means a private or public facility for sports, fitness, leisure and
recreation in which facilities are primarily located inside an enclosed building or structure.
Recreation facility, outdoor means a private or public facility for sports, fitness, leisure
and recreation in which facilities are primarily located outside.
Recreational Vehicle (RV) means a motor vehicle that includes living quarters designed
for temporary or seasonal accommodation for use within a Camping and Tenting Ground.
Recycling collection centre means a drop-off point for temporary storage of recoverable
resources, such as newspapers, glassware, plastics, and metal cans. No processing of
such items is allowed on premises.
Required Yard means an open area between the exterior wall of a building and the
boundaries of the site on which it is located.
Residential care facility means the use of a building for the purpose of providing lodging,
meals, care and supervision or transitional services to persons.
Resort, commercial means a commercial recreation establishment which may consist of
one or more buildings containing single- or multiple-family dwelling units, recreational
facilities, camping and tenting grounds, hotel or motel, a dining establishment, marina,
golf course, tennis courts, and other outdoor recreational uses.
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Resource extraction means the quarrying and/or extraction of surface or subsurface
minerals and natural resources including aggregate, forestry products and peat moss.
Retail means the use of a building or portion of a building where goods, wares,
merchandise, or similar items (except alcohol and cannabis) are offered for sale directly to
the public.
Riding academy means a commercial facility where horses are sheltered, fed, or kept for
sale or hire to the public. Training of horses and riders may also be conducted.
Runway means a defined rectangular area on a land aerodrome prepared for the landing
and take-off of aircraft along its length.
Runway Strip means a rectangular area extending 100 ft on either side of the centreline of
the runway and 200 ft beyond the ends of the runway.
S
School - Elementary or junior high means an accredited school under the sponsorship of
a public, private or religious agency providing instruction to students at the elementary or
junior high school level.
School - Preschool means a public or privately-operated institution offering early
childhood education to children prior to the commencement of compulsory education at
elementary school.
School - Senior high means an accredited school under the sponsorship of a public,
private or religious agency providing instruction to students at the senior high school level.
School bus storage and maintenance means a facility with indoor and outdoor
components on which school buses are parked, maintained, and repaired.
Scrap yard means an area where waste or scrape materials are brought, stored, baled,
disassembled or handled, sold, or exchanged and may include metals, paper, rubber and
glass. A scrap yard includes automobile wrecking but does not include such uses
established entirely within an enclosed building.
Seasonal Dwelling means a single-family dwelling that is designed and meets building
code requirements for three-season use (i.e. not for winter use).
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Secondary Use 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 self-contained living space added to, created within or adjacent
to, a single-family residence. It provides basic requirements for living, sleeping, cooking,
and sanitation.
Serviced Lot means a lot with the ability to connect to a municipal sewer system.
Setback means the distance that a development or a specified portion of it, must be set
back from a property line.
Sewage treatment plants and lagoons means facilities for the treatment of human
waste.
Shipping Container means a steel container (including but not limited to semi-trailers)
with or without wheels that can be used for the shipment of goods via ship, train, or
highway tractors. Shipping Containers under this by-law are not registered with Manitoba
Public Insurance and are not actively used for the transport of goods.
Shopping centre means a building or group of buildings designed, developed, owned and
managed as a unit by a single owner or tenant, or group of owners or tenants, containing
two or more separated spaces for lease or occupancy of commercial uses or business or
professional offices.
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Short-Term Rental means all or part of a dwelling unit, property, camping trailer, or
recreational vehicle rented out for 90 days or less in exchange for payment.
Sign means any writing, illustration, or emblem, which directs attention to a building, use,
business, commodity, service, or entertainment.
a) Sign, Advertising means a sign directing attention to a business, commodity,
service, or entertainment conducted, sold, or offered elsewhere than upon the
same site where the sign is located.
b) Sign, Fascia means a sign or individual letters attached to or inscribed on a wall or
other surface and having the exposed face of the sign on a place approximately
parallel to the plane of such wall or other surface (and projecting not more than 18
inches from the face of such wall). May include a sign attached to a marquee.
c) Sign, Projecting means a sign attached to a building, which extends
perpendicularly beyond the surface of that portion of the building to which it is
attached.
d) Sign, Free-Standing means a sign supported by one or more poles, braces or
anchors that are placed permanently in the ground and that are independent from
any building or other structure. Free-standing signs may include (but are not limited
to) billboard signs and signs that are attached to fences.
e) Sign, Awning means a sign that is incorporated into the material of an awning.
f) Sign, Digital means a variable message sign that utilizes computer generated
copies involving letters, words, symbols, graphics, animation, video, or dynamic
text. These signs include incandescent lamps, LED's, LCD's, plasma, and other
related technology, whereby the copy can be altered by digital means.
g) Sign, Mobile means a sign which is mounted on a trailer, stand, or other support
structure which is designed in such a manner that the sign can be readily taken
down or relocated, and which may include copy that can be changed through the
use of removable characters, panels, or by electronic means.
h) Sign, Inflatable means a three-dimensional device that is designed to be filled with
air or gas, which may or may not incorporate writing, illustrations, or emblems.
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Site means an area of land consisting of one or more abutting lots.
a) Site, Corner means a site situated at the intersection of two streets.
b) Site, Flag means a lot on which the main building site area is set back from the
street on which it fronts and includes an access strip connecting the main building
site with the frontage street.
c) Site, Interior means a site other than a corner site or a through site.
d) 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.
Site Coverage means the combined area of all buildings and structures on the site as a
percentage of the site area, measured at the level of the lowest storey above the grade
including all attached sunrooms, porches, and verandas, but excluding seasonal non-
insulated structures, open or covered, such as decks, patios at grade, steps, uncovered
walks, wheelchair ramps, cornices, eaves, and similar projections.
Site Line means one of the boundaries of a site, which include:
a) 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
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defined by this definition, the front site line shall be determined by the Development
Officer.
b) 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.
c) 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
from the front site line, whichever is the lesser.
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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.
a) Solar Collector, Commercial means a solar collector designed and built to provide
electricity for commercial sale and distribution to the electricity grid (ex: a solar
farm).
b) Solar Collector, On-Site Use means a solar collector 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 Solar Collectors are a type
of On-Site Use Solar Collectors.
c) Solar Collector, Rooftop means a roof mounted solar collector and associated
equipment for converting solar energy to power.
Solid waste disposal facility means a defined area of land or excavation that receives
household waste and other non-hazardous waste.
Storage Compound means an area of land with or without buildings or structures used for
the temporary outside storage of finished products, raw materials, goods, or motor
vehicles.
Storage facility means a facility in which the main use is the storage of goods, materials,
equipment or vehicles either indoors or outdoors.
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.
Structure means a thing constructed or erected 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, antennas, and shipping containers.
T
Temporary Building and Use means a development for which a development permit has
been issued for a limited time only.
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Topsoil, Removal means the removal of the uppermost seven inches of soil or portion
thereof closest to the surface.
Total Turbine Height means the height from finished grade to the highest vertical point of a
wind turbines rotor blades.
Trucking terminals and freight services means and indoor or outdoor facility where
trucks as common carriers are dispatched for compensation, or where freight handling
facilities are provided.
U
Urban Farm means a site or building within a settlement centre where fruits, vegetables,
and other plant products are grown, washed, or packaged for wholesale or retail sales.
This use is distinct from animal keeping.
Use means:
a) any purpose for which a building or structure or land may be designed, arranged,
intended, maintained or occupied; or
b) any activity, occupation, business or operation carried on, or intended to be carried
on, in a building or structure or on land.
Use, conditional (Conditional Use) means a use of a building or land described as a
conditional use in Section 2.5 of this By-law which may have unique operating
characteristics, may have potential operational or other impacts on adjacent properties, or
may have unusual site development demands.
Use, permitted (Permitted Use) means the use of land, building or structure provided in
this zoning by-law for which a development permit shall be issued upon an application
having been made, if the use meets all the requirements of this by-law.
Use, principal (Principal Use) means the main use conducted on a zoning site or within a
building or structure.
Utility Service means a system furnishing water, sewage collection, electricity,
telecommunication towers and related services, gas, or similar services to properties by
means of pipes, lines and other equipment located on or under public roads and other
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rights-of-way. It does not include community-scale wind or solar energy generating
systems.
V
Veterinary clinic means a building, structure or parts thereof where one or more
registered veterinarian surgeons including associated staff provide examinations and
surgical or medical treatment to domestic pets, animals or livestock, and may include
treatment rooms, laboratories, dispensaries, pharmacy and associated office. A kennel is
not permitted in association with a Veterinary clinic.
W
Waste transfer station means a facility where solid waste is unloaded and stored
temporarily prior to shipment to a solid waste disposal facility.
Wind Energy Generation System means any device or group of devices such as a wind
charger, windmill or wind turbine that converts wind energy to electrical energy whether it
is used for personal use or for generation of power for sale by an enterprise.
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.
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.
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.
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a) Yard, Front means a yard extending all the full length of the front site line between
the side site lines. All front yard regulations found in this By-law shall be measured
from the front property line.
b) Yard, Rear means a yard extending along the full length of the rear site line from the
front yard to the rear yard.
c) Yard, Side means a yard extending along the side site line from the front yard to the
rear yard.
d) Yard required means the yard measured from a front, rear, or side site line towards
the interior of the site within which no building or any part of a building may be
located, except as provided in this By-law.
Z
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4 GENERAL REGULATIONS
The following regulations shall apply to all use and development of land and buildings in
the Rural Municipality of De Salaberry, except where otherwise noted in this By-law.
4.1
Regulation of Uses
No land, building or structure shall be used or occupied except for a use which:
a) is listed in the Bulk/Use Tables as:
i)
a Permitted Principal Use.
ii)
a Permitted Secondary Use.
iii)
a Conditional Principal Use, subject to approval as such.
iv)
a Conditional Secondary Use, subject to approval as such.
b) is an Accessory Use.
c) is a Temporary Use.
4.2
Multiple Uses or Provisions
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. Where more than one provision in this
By-law is applicable, the higher or more stringent requirement shall apply unless specified
otherwise.
4.3
Secondary Uses and Structures
No secondary use or structure shall be established except those in compliance with the
following regulations:
a) No secondary use or structure shall be established prior to the establishment of the
principal use of land, building or structure to which it is secondary.
4.4
Accessory Buildings and Structures
No accessory building or structure shall be constructed or erected, except those in
compliance with the following regulations:
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a) 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.
b) 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.
c) No accessory building or structure shall be constructed within 10 ft of the principal
building or structure measured eave to eave.
d) No accessory building or structure shall be constructed on any zoning site prior to
the time of construction of the principal building to which it is accessory.
An accessory building or structure shall not be used as a dwelling, except where otherwise
permitted in this By-law.
4.5
Legal Non-Conforming Buildings, Structures, Lots and
Uses
e) A non-conforming use and a non-conforming building or structure shall be
regulated in accordance with and subject to the provisions of The Act, unless
otherwise provided for in this By-law.
f) A non-conformity that existed prior to the effective date of this By-law remains a
non-conformity for the purposes of this By-law unless it complies with this By-law.
g) A non-conforming building may continue to be used, but the building shall not be
enlarged, added to, rebuilt, or structurally altered except:
i)
as may be necessary to make it a conforming building,
ii)
by obtaining any necessary variances as determined by the Development
Officer, or
iii)
as the Development Officer considers necessary for the routine
maintenance of the building.
h) If a non-conforming building is damaged or destroyed and Council determines that
the cost of repairing or rebuilding the building is more than 50% of the cost of
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constructing an equivalent new building, the building must not be repair or rebuilt
except in conformity with the zoning by-law including any necessary variances.
i) Repairs or incidental alterations may be made to a non-conforming structure.
j) If the size or dimensions of an existing parcel of land do not conform with this By-
law, the owner of the land may:
i)
use the land for any use permitted under this By-law.
ii)
construct or alter a building on the land if all other requirements of this By-
law are met (such as yards, building height, and floor area).
k) A non-conforming use of a structure or of a parcel of land, or portion thereof, which
is, or hereafter becomes, abandoned, vacant, or unoccupied, and remains vacant
and unoccupied for twelve consecutive months, shall not thereafter be occupied,
or used except for a use which conforms to the applicable zoning district
regulations.
l) A non-conforming sign may be structurally altered, reconstructed, or replaced in
the same location and position in any way that does not change the size, height, or
degree of illumination.
m) A person with an interest in a building, a parcel of land or an operation involving a
use of land that does not comply with this By-law may apply to the Development
Officer with adequate documentation for a Certificate of Non-Conformity
confirming that the building, parcel, use of land, or intensity of use was lawfully in
existence before the enactment of this By-law.
4.6
Required Yards
a)
Required yards shall be free of buildings, which must conform to the other
requirements of this By-law.
b)
Architectural features and open, unenclosed projections, whether vertical or
horizontal, such as chimneys, bay windows, alcoves, canopies and awnings, eaves and
gutters, stairs, landings, porches, and unenclosed balconies, may extend into the required
yards for not more than 50% of the required yard depth, up to a maximum of 10 ft, except
for wheelchair ramps (or similar accessibility structures), which are not subject to the
restrictions for required yards.
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c)
Fences are permitted in all required yards and:
i)
can be placed up to the property line in the RP, RMH, RLD, RMD, CN, CC, EI, GD, IG
and PR zones.
ii)
cannot be placed within 5 ft of the property line of the side and rear yards in the AG,
AL, and RR zones.
d)
No fence or hedge which may obstruct visibility near an uncontrolled intersection
shall be located within an area formed by the intersecting road lines and a straight line,
joining points on the said road lines 150 ft from the point of intersection of the road lines in
the AG, AL, CN, CC, and IG zones.
e)
No fence or hedge which may act as a windbreak shall be located within
i)
50 ft of a road allowance in the AG and AL zones.
ii)
25 ft for the IG, CN, and CC zones.
iii)
10 ft in the RR zone.
f)
Livestock fences cannot be placed within 25 ft of a property line in the RR zone, and
5 ft of a property line in the AG, and AL zones.
4.7
Temporary Buildings, Structures, or Uses
Temporary buildings, structures or uses may be allowed on a non-permanent basis subject
to the issuance of a development permit under the following conditions:
a)
A development permit for a temporary building, structure or use shall be subject to
such terms and conditions as required by the Development Officer.
b)
Each development permit issued for a temporary building, structure or use shall be
valid for a period of not more than six months and may not be renewed for more than two
successive periods at the same location unless varied in accordance with the Planning
Act.
4.8
Road Access
No permanent building may be constructed or placed on a parcel which does not have
legal access to an improved public road.
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4.9
Service Connections
Where a parcel is served by municipal piped sewer or water, no permanent principal
building or dwelling or secondary suite shall be constructed or placed unless it is
connected to such services.
4.10 Public Utilities
This By-law shall be interpreted so as not to interfere with the construction, erection and
location of a Utility Service's works, plant, pipes, cables, or equipment.
4.11 Maximum Fence Height
Fence height is measured from the highest part of the fence to the point where the fence
post enters the natural 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 natural grade.
No fence shall exceed the following heights:
Table 1: Maximum Fence Height
Standards
AG
AL
CN
CC
EI
GD
PR
RR
RP
RMH RLD RMD
Front Yard
(maximum)
6ft
6ft
4ft
4ft
6ft
6ft
6ft
4ft
4ft
4ft
4ft
4ft
Side and
Rear Yards
(maximum)
6ft
6ft
6ft
6ft
6ft
6ft
6ft
6ft
6ft
6ft
6ft
6ft
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4.12 Prohibited Fencing Materials
Fences shall:
a) Not be electrified, except as an accessory to a permitted agricultural use in the AG,
AL, and RR zones.
b) Not contain barbed wire, except as an accessory to a permitted industrial or
agricultural use in the AG, AL, and IG zones.
c) Snow fences are not permitted in any Residential zone.
4.13 Outdoor Lighting
Outdoor lighting is only allowed if the following standards are met:
a) Any outdoor lighting (other than those exempted in provision (c) below) must be
located, arranged, or shielded so that no light is directed at any adjoining properties
or interferes with the effectiveness of any traffic control device.
b) The maximum permitted height of a light fixture is 35 ft.
c) These standards do not apply to federally or provincially regulated buildings and
structures (including the lighting required for airports and towers).
4.14 Provisions for Off-Street Parking
Off-street parking spaces shall be provided and maintained in accordance with the
requirements of the zone where the use is located and the following provisions:
a) The surface of an accessory off-street parking area and its access driveways shall
be surfaced and designed in such a manner that there will be no free flow of water
onto either adjacent properties or along public sidewalks. They may be paved with
either asphalt, concrete or paving bricks, or suitably surfaced with gravel, crushed
rock or other aggregate material;
b) Within the Urban Areas of St. Malo and Otterburne parking areas within the
Commercial zones and the "RMD" zone Council may require hard-surfaced parking
areas of asphalt, concrete or similar materials;
c) All accessory off-street parking spaces shall be located within the same zoning site,
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d) Where a window to a habitable room is located less than 5 feet (1.5 metres) above
grade, there shall be at least 8 feet (2.4 metres) separating the window from any
parking space;
e) When a building is enlarged, or a use is extended or changed, the accessory off-
street parking spaces shall be provided for the enlargement, extension, or new use
in accordance with the specific requirements of the particular zone in which the use
is located; and
f) Where a common parking area abuts an "RLD" zone, the owner or developer of the
parking area shall construct and maintain a solid fence or hedge not less than 5 feet
(1.2 metres) or more than 6 feet (1.8 metres) in height along any portion of the
parking area boundary which abuts the said "RLD" Zone.
4.15 Number of Parking Spaces Required
Accessory off-street parking for all uses shall be provided according to Table 5: Parking
Use Table. The parking group for each use shall be identified on the Use and Site Tables in
each zone. For the purpose of computing the off-street spaces, the following shall apply:
a) In cases where floor area is the unit for determining the required number of
accessory off-street parking spaces, said unit shall not include any area used for
parking or loading within the principal building or structure and shall not include any
area used for incidental service storage, mechanical equipment, heating systems
and similar uses;
b) In stadiums, sports arenas, places of worship and other places of assembly in
which those in attendance occupy benches, pews or other similar seating, each 2
feet (0.6 metres) of such seating facilities shall be counted as one (1) seat for the
purpose of determining the accessory off-street parking;
c) When the computation of the number of accessory off-street parking spaces
required by the By-law results in a requirement of a fractional parking space, any
fraction less than one-half (1/2) of a parking space may be disregarded, whereas a
fraction of one-half (1/2) or more of a parking space shall be counted as one (1)
parking space.
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In the case of a hotel/motel the number of spaces for any on-site eating and drinking
establishment or retail business/services shall be calculated according to Table 5 in
addition to the spaces required for the hotel/motel.
Mixed use developments in any Commercial zone shall provide parking for multiple-unit
components and commercial/business or eating and drinking establishments separately
as per Table 5.
4.16 Accessible Parking
a) Notwithstanding the parking requirements detailed in Table 5, all commercial and
institutional uses which serve as destinations for the general public shall provide
accessible parking spaces in addition to those required as per Table 2. Additionally,
at least one of all required visitor parking spaces as outlined on Table 5 must be
accessible.
b) Accessible parking spaces must be at least 12 feet (3.6 metres) wide and located in
close proximity to building entrances with barrier-free paths between the parking
area and building. Furthermore, accessible parking spaces must be appropriately
marked and reserved for persons disabled by barriers. The provision of accessible
parking shall be as follows:
Table 2: Accessible Parking Spaces Required
4.17 Parking Area Design
The layout and design of accessory off-street parking areas shall be as follows:
a) The minimum dimensions for off-street accessory parking areas shall be in
accordance with Table 4 in Paragraph 4.24.
Number of Total Parking Spaces
Required as Per Table 5
Number of Accessible Parking Spaces
Required
1-25
1
26-50
2
51-100
3
100+
4 +1 for each additional 20 required spaces
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b) Where access to a parking space is directly from a lane, the width of the lane
adjacent to said parking space may be computed as part of the aisle width required
for said parking space;
c) Each parking area shall have a vertical clearance of at least 7.5 feet (2.2 metres)
from floor to grade; and
d) The angle of parking shall be measured between the centreline of the parking space
and the centreline of the aisle. Where the angle of parking varies from that set forth
in Table 4 the Development Officer or designate shall determine which set of
requirements shall apply.
4.18 Provisions for Off-Street Loading
All accessory off-street loading spaces shall be located within the same zoning site and
shall be maintained in accordance with the following provisions:
a) Each off-street loading space shall have access to a public street or lane;
b) Each off-street loading space shall be not less than 12 feet (3.6 metres) in width nor
have less than 12 feet (3.6 metres) overhead clearance. In no case shall the length
of the loading space be such that a vehicle in the process of loading or unloading
shall project into any street or lane;
c) The accessory off-street loading spaces provided for a use shall be solely for the
loading and unloading of vehicles and shall not be used to satisfy any accessory off-
street parking requirements or portion thereof;
d) When a building or structure is enlarged, or a use is extended or changed, the
accessory off-street loading spaces shall be provided for the enlargement,
extension or new use; and
e) When the computation of the number of accessory off-street loading spaces
required by this By-law results in a requirement of a fractional loading space, any
fraction less than one-half (1/2) of a loading space may be disregarded, whereas a
fraction of one-half (1/2) or more of a loading space shall be counted as one (1)
loading space.
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4.19 Loading Requirements
Accessory off-street loading spaces shall be provided as follows:
a) No separate off-street loading space is required for any building having a gross floor
area of less than 10,000 square feet (929 sq. metres), however one of the required
off-street parking spaces shall also serve as an off-street loading space;
b) Commercial and Industrial Uses which occupy a floor area larger than 10,000
square feet (929 sq. metres) shall provide one (1) loading space for each 20,000
square feet (1858 sq. metres) of gross floor area or part thereof; and
c) Institutional and public uses including public medical clinics, assembly halls,
clubs, lodges, government, schools and office buildings which occupy a floor area
larger than 10,000 square feet (929 sq. metres) shall provide one (1) loading space
for each 30,000 square feet (2787 sq. metres) of gross floor area or part thereof.
4.20 Entrances and Exits
The following regulations shall apply to all off-street public parking areas, automobile
service stations, drive-in establishments, shopping areas and other such commercial uses
requiring the provision of vehicular entrances and exits to the site:
Table 3: Entrances and Exits
Access to the site for vehicles shall be only by way of entrances and exits provided in
accordance with the following:
Minimum width of an entrance or exit
15 feet (4.5 metres)
Minimum width of a combined entrance
and exit
25 feet (7.6 metres)
Maximum width of an entrance or exit
25 feet (7.6 metres)
Maximum width of a combined entrance
and exit
35 feet (10.6 metres)
Minimum distance between any part of an
entrance, exit or combined entrance and
exit, and the intersection of street site
lines or the intersection of a street site line
and a side site line on a public lane
15 feet (4.5 metres)
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The owner shall provide and maintain a barrier on or near all street site lines to prevent
vehicles entering or exiting the site other than by the entrances and exits permitted in this
by-law.
4.21 Schools and Educational Facilities
All schools must provide queuing and loading areas for buses and private cars. These
areas shall be able to accommodate at least three busses and five private automobiles.
4.22 Snow Storage
All developments required to provide on-site parking of five or more spaces must provide
areas for snow storage. Snow storage may occur within required yards as long as it does
not interfere with adjacent sites, visibility or public streets and lanes.
4.23 Parking Requirements Based on Floor Area
Where parking requirements are based on the "floor area" of the use, the term "floor area"
means the gross floor area of the principal building, excluding:
a) any area used for parking within the principal building.
b) any area used for incidental service storage, mechanical equipment, or similar
uses.
4.24 Parking Dimensions
Table 4: Parking Dimensions
4.25 Parking Use Table
The following Table determines the number of parking spaces required per use as
indicated on Table 13: Permitted, Conditional, Secondary, and Accessory Uses.
Angle of Parking Space
Minimum Dimensions of
Parking Space
Minimum Parking Aisle
Width
90 degrees
9 feet wide by 20 feet long, or
10 feet wide by 19 feet long*
20 feet
Angled
Parallel
8 Feet wide by 23 feet long*
*Minimum ceiling height of 7 feet for covered or structured parking
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Table 5: Parking Use Table
A minimum of two parking spaces must be provided for Parking Uses 3 through 12.
4.26 Bicycle Parking Requirements
All developments within the RMD, CN, CC, and IG zones are required to provide bicycle
parking as follows:
a) one lockable bicycle space per 20 (twenty) required automobile spaces shall be
provided to a maximum of twelve (12) bicycle spaces; and
b) bicycle parking must be provided with safe and convenient access to building
entrances.
4.27 Landscaping and Buffering
If a surface parking lot or accessory parking area abuts a public street, the parking area
must:
Parking Use No.
Number of Parking Spaces Required
1
1 space per dwelling unit/site
2
2 spaces per dwelling unit + additional 10% marked visitor parking
3
1.5 spaces per unit + additional 10% marked visitor parking
4
1 space per 3 beds
5
1 space per 200 sq. ft. of gross floor area
6
1 space per 500 sq. ft. of gross floor area
7
1 space per 2000 sq. ft. of gross indoor floor area and/or 1 space per
20,000 sq. ft. of exterior storage area (as applicable)
8
1 space per 3 seats for public use, or 33% of maximum occupancy
(whichever is greater)
9
1 space per employee, plus 2 customer parking spaces
10
5 spaces per classroom
11
10 spaces per classroom
12
1 space per rentable chamber + additional 5% (See section 3.1.3 #4)
13
As determined by the Development Officer.
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a) Include a wall, fence, or landscaped hedge a minimum of a 3 ft high, or
b) Include a planting bed a minimum of 6 ft wide, planted with a minimum of one shrub
every 2.5 ft, and one shade tree every 25 ft;
c) Provide bumper guards, wheel stops, masonry walls or fences in order to prevent a
vehicle from encroaching onto public or private property;
d) Be described in a Landscape Plan and approved by the Development Officer.
4.28 Landscaping for Large Parking Areas
If a surface parking lot or accessory parking area is a size of 40 or more parking stalls, it
must provide a planted median, to the specifications in Paragraph 4.27, between every
block of 10 stalls.
Figure 1: Landscaping for Large Parking Areas
4.29 Location
An accessory parking area must comply with the minimum yard requirements for the zone
in which the parking area is located.
4.30 Maintaining Grades for Drainage
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.
4.31 Lot Grading
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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.
4.32 Private Communications Facilities
A private communications facility may be allowed as an accessory use in accordance with
the minimum yard requirements for accessory structures in the zone in which it is to be
located or erected, with the following exceptions:
a) The maximum height of a private communications facility in all zones is 30 ft, except
in the IG zones where the private communications facility is not subject to the
height requirements for accessory structures.
b) A private communications facility may be located in any rear or side yard in any
zone. It may also be located in any front yard in the IG zones.
c) A private communications facility shall be set back from all property lines of the site
on which it is located a minimum distance equal to its total height, measured from
grade to the uppermost point of its extension.
4.33 Hazard Lands
Development is prohibited on land that is subject to subsidence or erosion by water or is
marshy or unstable or is otherwise hazardous by virtue of its soil or topography, unless
evidence (such as a provincial flood permit or 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.
4.34 Flood Risk Areas
Development is prohibited on land that is within 2 ft of the high-water mark of the design
flood, a recorded flood exceeding the design flood, or a flood specified by Manitoba
Infrastructure, unless an engineering report showing the development, with flood
protection, may occur without creating any additional risks is submitted to the Municipality
at the time of application for a development permit.
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4.35 Riparian and Wetland Areas
No development shall occur within the area 100 ft 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 under 4.33 or 4.36. No development shall
occur within 50 ft of a first or second order drain, or artificially created retention pond,
except if the development is permitted as an exception under 4.33 or 4.36.
4.36 Exceptions to Riparian Setbacks
Notwithstanding the restrictions in 4.33, 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.
4.37 No Alteration of Wetlands
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. Flood
mitigation must maintain the natural boundaries of permanent, semi-permanent or coastal
wetlands.
4.38 Protection of Important Areas
Other than in existing lots of record, no development shall occur 200 ft upslope from the
normal high-water mark of a water body or waterway identified in the Rural Municipality of
De Salaberry Development Plan as being socially, historically, or culturally important,
being designated under an enactment, or containing unique aquatic assemblages and
species as determined by the Province of Manitoba. The natural vegetative cover must be
retained or rehabilitated within these areas.
4.39 Development Setbacks from Railways
No development of a residential dwelling unit shall be permitted within 1000 ft of a freight
rail yard, 100 ft of a main line, or within 50 ft of a branch or spur line, measured from the
property line of the railway to the face of the residential building.
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4.40 Development Restrictions for Airports
No building or structure constructed around the airport shall exceed the following height
restrictions:
a) No building or structure along the edge of a runway shall exceed a height of one foot
vertical for every seven ft measured horizontally from the edge of the runway strip.
b) No building or structure located in the take-off or approach paths to a runway shall
exceed a height of one foot vertical for every 40 ft measured horizontally from the
ends of the runway strip and diverging 10% from the extension of the edges of the
runway strip.
Consideration should be given to Transport Canada's "Land Use in the Vicinity of
Aerodromes (TP1247)" when reviewing development proposed near an airport.
4.41 Established Street Standards for Front Yards
Where a new dwelling or principal building or an addition to a dwelling or principal building
is proposed within a street block or a portion of a street block within the RP, RLD, CN, and
GD zones and where the majority of the lots have been developed with principal
structures, and the minimum front yard required is inconsistent with the majority of
existing front yards for developed sites on the street block, the new structure must be
developed with a front yard consistent with the minimum of the existing front yards within
that block or portion of the block. In the case of a corner site, either the minimum of the
yard for the two nearest properties on the same block or for all the properties facing the
same street on the same block may be used for calculating the required yard.
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Figure 2: Established Street Standards for Front Yards
4.42 Development Setbacks from Provincial Highways
All development within the Controlled Area of a provincial road or provincial trunk highway
shall require a permit from the applicable provincial authority.
4.43 Signage Regulations
The following provisions shall apply to all signs erected or maintained within the
Municipality, except wherein otherwise stated:
a) Signs and sign structures may be allowed as accessory uses in accordance with the
Sign Requirements in Table 6: Type of Sign (Table), subject to the issuance of a
development permit, except as provided in Section 4.44 of this Zoning By-law.
b) All signs shall comply with the minimum yard requirements for accessory
structures in the zone in which they are to be located or erected.
c) 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.
Such signs must also be constructed in accordance with the Sign Requirements in
Table 6, and subject to the issuance of a development permit.
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d) No sign or sign structure shall be erected at any location where it may interfere with
or obstruct the view of any street, intersection, or railroad grade crossing, or be
confused with any authorized traffic sign, signal, or device. No rotating beam,
beacon or flashing illumination resembling an emergency light shall be used in
connection with any sign display.
e) No sign may contain flashing lights or digital images unless specifically allowed in
the Sign Requirements in Table 6. All signs with flashing lights or digital images are
prohibited within 100 ft of any Residential zone.
f) 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 a development permit except
for those provided for in 4.44 d) and e).
g) 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.
h) 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 within 30 days following notice by the designated
officer.
4.44 Signs Not Requiring a Development Permit
The following signs shall not require a development permit. However, they must still
comply with any applicable standards in this By-law:
a) Signs posted by duly constituted public authorities in the performance of their
public duties.
b) Flags or emblems of a political, civic, educational, or religious organization.
c) Commemorative or memorial signs or tablets.
d) Temporary signs including real estate signs, construction signs, election signs, and
similar.
e) Temporary event signs including garage sales, estate sale, sporting events, open
houses, and similar providing that:
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i)
the sign indicates the date of the event;
ii)
the sign is not placed within 50 ft of an intersection;
iii)
The sign is not placed on public property more than two days in advance of
the event; and
iv)
The sign is removed within 24 hours of the event.
f) Portable signs (small) not exceeding 5 sq ft in surface area (for a single sign face).
g) Awning signs with signage originally incorporated in the design or awning material.
h) Residential on-site identification signs or warning signs (such as "Private Property"
signs and similar) not exceeding 3 sq ft each in surface area.
i) Signs required for direction and convenience of the public, including signs
identifying restrooms or parking entrances, not exceeding 5 sq ft in sign surface
area.
4.45 Digital Signs
Signs which incorporate digital technology must adhere to the following standards:
a) If a component fails or malfunction in any way or fails to operate as indicated on the
approved permit, the sign owner shall ensure that the sign is turned off until all
components are operating as required.
b) No Mobile sign shall have any digital component.
c) Brightness levels shall not exceed 7,500 Nits when measured from the sign face at
its maximum brightness, during the day (between sunrise to sunset), at those times
determined by the sunrise/sunset calculator from the National Research Council of
Canada.
d) Brightness levels shall not exceed 500 Nits when measured from the sign face at its
maximum brightness at night (between sunset to sunrise) at those times
determined by the sunrise/sunset calculator from the National Research Council of
Canada.
e) Must not increase the light levels around the digital sign by more than 3.0 Lux above
the ambient light level.
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f) Digital signs within 500 ft, and in direct line of sight of a residential dwelling unit,
must be turned off from 11:00 p.m. to 6:00 a.m. every day.
g) Transitions from one copy to another must remain at a consistent brightness level.
h) Copy shall remain on the sign face area for no less than six seconds before
changing to the next copy.
i) Sound, live video feed and the broadcasting of television programs or movies is not
permitted.
j) Copy must not be shown in a manner that requires the message to be viewed or
read over a series of sequential messages on a single digital sign or sequenced on
multiple digital signs.
k) Copy must not involve any visible effects, including but not limited to blinking,
intermittent, or flashing light or the illusion of such effects.
l) Transitions must not involve any visible effects, including but not limited to blinking,
intermittent, or flashing light or the illusion of such effects.
m) No digital sign shall be erected, operated, used, or maintained that:
i)
due to its position, shape, colour, format, or illumination obstructs the view
of, or shall be confused with, a traffic sign, signal, or device.
ii)
display lights resembling lights associated with danger or those used by
emergency vehicles.
iii)
uses spot or reflector lights directed at on-coming traffic that creates a
hazard to traffic on public roadways from which the digital sign is visible.
iv)
due to its illumination, competes with or dulls the contrast of the traffic
control sign, signal, or device for on-coming traffic.
n) The appropriate Transportation Authority shall be satisfied that each digital sign:
i)
does not physically obstruct the sight lines or views of a traffic control sign,
signal, or device for oncoming traffic.
ii)
is not located in the field of view near or past the traffic control sign, signal,
or device for oncoming traffic.
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iii)
is not located in the field of view near or past other traffic conflict points
such as intersections, merge points, exit ramps, or curved roadways.
Figure 3: Type of Sign (Image)
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Table 6: Type of Sign (Table)
Type of Sign
Permitted in Zones
Maximum Area
Additional Conditions
Fascia (small)
AL, AG, RR, RP, RMH,
RLD, RMD, CN, CC,
EI, GD, IG, PR
5 sq ft maximum area
for a single face
A sign in any
Residential zone may
only be illuminated
during business hours.
Fascia (large) or
Marquee
CC, CN, EI, IG, PR
10% of the area of
the wall to which sign
is affixed
Illumination and
flashing lights are
permitted, following
the standards for
signs.
Projecting
(small)
CN, CC, EI, PR
5 sq ft maximum area
for a single face
Must not project more
than 5 ft from the wall
to which the sign is
affixed.
Projecting
(large)
CN, CC, EI, IG, PR
21.5 sq ft maximum
area for a single face
Must not project more
than 6 ft from the wall
to which the sign is
affixed.
Illumination and
flashing lights are
permitted, following
the standards for
signs.
Free-Standing
(small)
AG, AL, CC, CN,
IG, PR
Maximum Area: 32 ft
Maximum Height
(from grade): 2 m.
Not permitted for
home-based
businesses.
Free-Standing
(large)
AG, AL, CC, CN,
EI, IG, PR
120 sq ft maximum
area for a single face.
Maximum Height
(from grade): 35 ft.
Illumination and
flashing lights are
permitted, following
standards.
Not permitted in a
required yard abutting
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Type of Sign
Permitted in Zones
Maximum Area
Additional Conditions
an RR or any
Residential zone.
Minimum setback
from a property line
must be 33% the
height of the sign.
Awning
CC, CN, GD, EI,
IG, PR
10% of the area of
the wall to which
awning is affixed
Portable (small) RR, CN, CC, EI,
GD, IG, PR
Maximum Height: 4.5
ft.
One sign may be
placed within public
right-of-way
immediately adjacent
to a commercial use
during regular hours of
operation.
Portable (large)
AG, AL, CC, IG, EI,
PR
48 sq ft maximum
area for a single face
Maximum height
(from grade): 10 ft
Must not include any
flashing lights.
Maximum of one sign
per property.
Only allowed to
occupy one parking
space where there is
no practical
alternative.
Development Permit
required.
Only allowed as a
temporary sign that
may be displayed for
no more than 180 days
within a 12-month
period.
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Type of Sign
Permitted in Zones
Maximum Area
Additional Conditions
Digital
CC, CN, EI, IG, PR
75 sq ft maximum
area for a single face
Not permitted in a
required yard abutting
a Residential or RR
zone.
Refer to Error!
Reference source not
found. for additional
requirements.
Development Permit
required.
Inflatable
CC, CN, EI, IG, PR
16.5 ft maximum
height from grade
Only one inflatable
sign shall be permitted
per site.
Only allowed as a
temporary sign that
may be displayed for
no more than 15 days
within a 6-month
period.
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5 ZONES
5.1
Establishing Zones
Uses of land in the municipality are regulated in accordance with the following zones:
5.2
Zoning Boundaries
The zones established above in Section 5.1 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 centrelines of streets, lanes,
highways, rivers, or railway or Utility Service 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.
Agriculture General
AG
Agriculture Limited
AL
Rural Residential
RR
Residential Parkland
RP
Residential Mobile Home
RMH
Residential Low Density
RLD
Residential Medium Density
RMD
Commercial Neighbourhood
CN
Commercial Corridor
CC
Educational and Institutional
EI
General Development
GD
Industrial
IG
Parks, Recreation, and Open Space
PR
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5.3
Permitted and Conditional Use Table
The permitted and conditional uses prescribed for parcels within each zone are those set
out in the Bulk and Use Tables. Permitted uses are indicated on this table with the letter P.
Conditional uses are indicated on this table with the letter C.
Where a use is not listed and is not similar to, or accessory to, a permitted or conditional
principal use, or a permitted or conditional secondary use, the use is not allowed in the
zone and cannot be subject to a variance.
5.4
Bulk Regulations
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 bulk
requirements described in the Bulk and Use Tables or elsewhere in this By-law.
5.5
Zones
5.5.1
Agricultural Zones
"AG" Agriculture General Zone: this zone provides for general agricultural activities,
including grain production, pasturage and specialized agriculture, apiculture, market
gardening, horticulture, silviculture and livestock operations on a commercial scale. The
Agriculture General Zone also provides flexibility to accommodate a variety of agriculture-
related and resource-based uses through the conditional use process.
"AL" Agriculture Limited Zone: this zone provides for agricultural uses similar to the
Agriculture General Zone however, due to the proximity to Urban Policy Areas, Hamlet
Policy Areas, Rural Residential Policy Areas, Parkland Residential Policy Areas, and
environmentally sensitive areas, certain uses that may conflict with these areas, such as
livestock operations (LO), are more restricted.
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Table 7: Agricultural Bulk Use Requirements
Agricultural Zones
Minimum Requirements
Maximum
Requirements
Site
Yards
Site Area
(acres)
Site
Width
(feet)
Front
Yard
(feet)
Side Yard (feet)
Rear
Yard
(feet)
Building Height
(feet)
Interior
Corner
Zone
Category
Use
AG
Agricultural
Uses
Primary
80
600
75
25
25
25
-
Accessory/S
econdary
-
-
75
25
25
25
-
Residential
Uses and
Other Uses
Primary
2
200
75
25
25
25
25
Accessory/S
econdary
-
-
75
25
25
25
25
AL
Agricultural
Uses
Primary
80
300
75
25
25
25
-
Accessory/S
econdary
-
-
75
25
25
25
-
Residential
Uses and
Other Uses
Primary
2
200
75
25
25
25
25
Accessory/S
econdary
-
-
75
25
25
25
25
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5.5.2
Residential Zones
"RLD" Residential - Low Density Zone: this zone provides for the development of low density single and two-unit dwellings
as well as associated and compatible uses within the Urban Areas of St. Malo and Otterburne.
"RMD" Residential - Medium Density Zone: this zone provides for the development of multiple-unit dwellings in one or more
structures and associated or compatible uses within the Urban Areas of St. Malo and Otterburne.
"RMH" Residential - Mobile Home Zone: this zone provides for the development of mobile home parks and subdivisions for
mobile home dwellings and associated or compatible uses.
"RR" Rural Residential Zone: this zone provides for the development of low density single-unit dwellings and/or mobile home
dwellings utilizing on-site wastewater and water services within rural areas. It may also include other uses that are compatible
with the residential character of this zone.
"RP" Residential - Parkland: this zone provides for the development of serviced and unserviced single-unit dwellings and
accessory uses in the recreationally-oriented areas adjacent to St. Malo, St. Malo Provincial Park, and the Rat River south of
St. Malo.
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Table 8: Residential Bulk Use Requirements
Residential Uses
Minimum Requirements
Maximum Requirements
Site
Yards
Site
Area
(sq ft /
acres)
Site
Width
(feet)
Front
Yard
(feet)
Side Yard (feet)
Rear
Yard
(feet)
Site
Coverage
(%)
Building Height
(feet/storeys)
Interior
Corner
Zone
Use
RLD
Primary
5,500
50
25
5
12
25
45
30
Accessory/
Secondary
-
-
-
5
12
5
10
15
RMD
Primary
10,000
80
20
5
12
25
50
2 storeys
Accessory/
Secondary
-
-
-
5
12
10
10
15
RP
Primary
10,000
80
30
5
12
25
35
30
Accessory
-
-
-
5
12
5
10
15
RR
Primary
2 acres
200
50
15
20
25
10
30
Accessory/
Secondary
-
-
30
10
12
10
5
15
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5.5.3
Commercial Zones
"CN" Commercial Neighbourhood Zone: this zone provides land in the Urban Areas to be developed as multi-functional in
nature and support a diverse variety of appropriate uses within the Urban Areas of St. Malo and Otterburne. The "CN" zone
may accommodate mixed uses containing commercial and residential components.
"CC" Commercial Corridor Zone: this zone provides for highway-oriented commercial uses which serve the travelling public
or are not suitable within Hamlet Areas and Urban Areas. The CC zone is also intended to provide for limited light
manufacturing and agriculturally-oriented commercial uses in rural areas.
Table 9: Commercial Bulk Use Requirements
Commercial Zones
Minimum Requirements
Maximum Requirements
Site
Yards
Site
Area (sq
ft /
acres)
Site
Width
(feet)
Front
Yard
(feet)
Side Yard (feet)
Rear
Yard
(feet)
Site
Coverage
(%)
Building Height
(feet/storeys)
Interior
Corner
Zone
Use
CN
Primary
3,000
30
5
2
15
20
60
2 storeys
Accessory/
Secondary
-
-
5
2
15
10
10
15
CH
Primary
20,000
100
25
10
20
20
40
2 storeys
Accessory/
Secondary
-
-
25
10
20
10
10
15
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5.5.4
Industrial Zones
"IG" Industrial Zone: This zone provides for manufacturing, assembling, processing, distribution, wholesaling and
warehousing uses within enclosed buildings. This zone is intended to accommodate uses which may cause nuisances for
other land uses.
Table 10: Industrial Bulk Use Requirements
Industrial Uses
Minimum Requirements
Maximum Requirements
Site
Yards
Site Area
(sq ft /
acres)
Site
Width
(feet)
Front
Yard
(feet)
Side Yard (feet)
Rear
Yard
(feet)
Site
Coverage
(%)
Building Height
(feet/storeys)
Interior
Corner
Zone
Use
IG
Primary
15,000
100
20
10
20
25
70
35
Accessory/
Secondary
-
-
20
10
20
10
10
20
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5.5.5
General Development Zone
"GD" General Development Zone: this zone includes residential, local commercial and community facilities under one zone
to provide maximum flexibility in the Hamlets of Carey, Dufrost, and La Rochelle.
Table 11: General Development Bulk Use Requirements
General
Development Zone
Minimum Requirements
Maximum Requirements
Site
Yards
Site Area
(sq ft /
acres)
Site
Width
(feet)
Front
Yard
(feet)
Side Yard (feet)
Rear
Yard
(feet)
Site
Cover
age
(%)
Building Height
(feet/storeys)
Interior
Corner
Zone
Use
GD
Primary
2 acres
200
50
15
20
25
30
2 Storeys
Accessory/
Secondary
-
-
50
5
12
5
20
15
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5.5.6
Educational and Institutional Zone
"EI" Educational and Institutional Zone: this zone provides for institutional uses, including schools and school grounds,
post-secondary educational institutions such as colleges and universities, and other institutional uses in Urban Areas.
Table 12: Educational and Institutional Bulk Use Requirements
Education and
Institutional Uses
Minimum Requirements
Maximum Requirements
Site
Yards
Site Area
(sq ft /
acres)
Site
Width
(feet)
Front
Yard
(feet)
Side Yard (feet)
Rear
Yard
(feet)
Site
Cover
age
(%)
Building Height
(feet/storeys)
Interior
Corner
Zone
Use
EI
Primary
20,000
100
25
15
20
20
30
2 Storeys
Accessory/
Secondary
-
-
25
5
12
10
20
15
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Table 13: Permitted, Conditional, Secondary, and Accessory Uses
USES
P = Permitted
C = Conditional
Underline = Only as a
Secondary or Accessory Use
Rural
Commercial
Residential
Industrial
Education and
Institutional
Parks,
Recreational, and
Open Space
Use-Specific
Standard
Parking Use as per
Table 5
AG
AL
RR
GD
CN
CC
RMH
RLD
RMD
RP
IG
EI
PR
Agriculture
Agricultural operations
(except livestock
operations)
P
P
-
Agricultural Operation,
Communal or Communal
Farm Operation
C
-
Agricultural Processing
P
P
9
Cannabis Cultivation
P
P
9
Livestock operations
producing 10 to 20 Aus
P
C
6.10
Livestock operations
producing less than 400
AUs
P
C
6.10
9
Livestock operations
producing 400 or more
AUs
C
6.11
9
Specialized Agriculture
C
C
C
9
Topsoil removal
C
C
-
Agriculture Related
Abattoirs
C
C
9
Agricultural services
C
C
6
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USES
P = Permitted
C = Conditional
Underline = Only as a
Secondary or Accessory Use
Rural
Commercial
Residential
Industrial
Education and
Institutional
Parks,
Recreational, and
Open Space
Use-Specific
Standard
Parking Use as per
Table 5
AG
AL
RR
GD
CN
CC
RMH
RLD
RMD
RP
IG
EI
PR
Auction mart - livestock
C
C
7
Cannabis Processing
C
C
9
Dangerous Goods or
Agrichemical Storage
Facility
C
6.4
9
Greenhouse
P
P
C
C
9
Urban Farm
C
C
P
C
C
6.20
-
Child Care
Daycare, home
C
C
C
P
P
C
C
5
Daycare, group
C
P
P
P
P
5
Commercial Sales and Services
Automobile and vehicular
sales, service, or rental
C
C
P
P
5
Cannabis store
C
C
C
5
Drive-in establishment
C
C
P
6
Drive-through
establishment
C
C
P
9
Eating and/or drinking
establishment
C
P
P
8
Entertainment /
Amusement facility
C
P
P
5
Hotel / motel
C
C
C
12
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USES
P = Permitted
C = Conditional
Underline = Only as a
Secondary or Accessory Use
Rural
Commercial
Residential
Industrial
Education and
Institutional
Parks,
Recreational, and
Open Space
Use-Specific
Standard
Parking Use as per
Table 5
AG
AL
RR
GD
CN
CC
RMH
RLD
RMD
RP
IG
EI
PR
Landscape and garden
supply
C
C
C
C
C
7
Personal services
C
P
P
6
Professional, financial
and office support
services
C
P
C
6
Resort, commercial
C
C
C
13
Retail - convenience
store
C
P
P
5
Retail - large format
P
C
6
Retail - small format
C
P
C
6
Shopping centre
C
C
5
Storage facility
C
C
P
P
7
Community
Clinic
P
C
C
5
Community Garden
P
P
C
C
C
C
C
C
P
13
Emergency services
P
P
P
P
6
Funeral home / mortuary
C
C
C
6
Hospital
P
C
P
4
Parks, public reserves,
and open space
P
P
P
P
P
P
P
P
P
P
P
P
P
13
Place of assembly
C
P
C
C
P
8
Place of worship
C
C
C
C
P
8
Recreation facility, indoor
C
C
C
C
C
C
8
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USES
P = Permitted
C = Conditional
Underline = Only as a
Secondary or Accessory Use
Rural
Commercial
Residential
Industrial
Education and
Institutional
Parks,
Recreational, and
Open Space
Use-Specific
Standard
Parking Use as per
Table 5
AG
AL
RR
GD
CN
CC
RMH
RLD
RMD
RP
IG
EI
PR
Recreation facility,
outdoor
P
P
P
6
Dwellings
Single unit
P
P
P
P
P
C
P
6.5
1
Two unit
P
P
C
6.6
1
Multiple unit
C
C
P
C
6.7
2
Bed and Breakfast
P
P
P
P
C
C
6.24
4
Boarding, room and
lodging house
C
C
C
4
Farm Dwelling
C
C
Group home
C
C
C
C
4
Home-Based Business
C
C
C
C
C
C
C
6.8
9
Home Industry
C
C
C
C
6.9
9
Mobile Home
C
C
C
6.12
1
Mobile Home
P
1
Residential care facility
C
C
P
C
4
Seasonal Dwelling
P
P
1
Secondary Suite
C
C
C
C
C
C
6.16
1
Education
College or university
P
13
Commercial school
P
C
P
11
Preschool
C
C
C
C
P
10
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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USES
P = Permitted
C = Conditional
Underline = Only as a
Secondary or Accessory Use
Rural
Commercial
Residential
Industrial
Education and
Institutional
Parks,
Recreational, and
Open Space
Use-Specific
Standard
Parking Use as per
Table 5
AG
AL
RR
GD
CN
CC
RMH
RLD
RMD
RP
IG
EI
PR
School - elementary or
junior high
C
P
C
C
C
P
10
School - senior high
C
P
C
C
C
P
10
Manufacturing
Manufacturing, light
C
C
C
C
P
9
Manufacturing, heavy
C
P
9
Natural Resources
Resource extraction
C
C
9
Public Works and Utilities
Public utility
P
P
P
P
P
P
P
P
P
P
P
P
P
9
Public works yard
C
C
C
C
C
P
9
Recycling collection
centre
C
C
C
P
P
9
Sewage treatment plant,
lagoon
C
C
6.16
9
Solid waste disposal
facility
C
C
9
Waste transfer station
C
9
Wind Energy Generating
System, Commercial
C
C
6.21
-
Wind Energy Generating
System, On-Site Use
P
P
C
Recreation
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
BY-LAW NO. 2435-25
Page 73
USES
P = Permitted
C = Conditional
Underline = Only as a
Secondary or Accessory Use
Rural
Commercial
Residential
Industrial
Education and
Institutional
Parks,
Recreational, and
Open Space
Use-Specific
Standard
Parking Use as per
Table 5
AG
AL
RR
GD
CN
CC
RMH
RLD
RMD
RP
IG
EI
PR
Gun range
C
6
Camping and Tenting
Grounds
C
C
C
P
1
Camping Trailer or
Recreational Vehicle
C,
P
6.22
1
Riding academy or stable
C
C
6
Other Uses
Animal Keeping
P
P
P
C
C
6.1
-
Apiary
P
P
C
C
C
6.2
-
Cemeteries
C
C
C
C
C
C
9
Communication tower
P
P
P
P
P
P
P
P
P
P
P
P
P
-
Concrete and asphalt
batching plant
C
C
9
Contractor
establishment
P
C
P
P
9
Crematorium
C
C
P
9
Hobby Poultry
P
P
P
C
6.23
-
Kennel (day or overnight)
C
C
C
C
6
Planned Unit
Development
C
C
C
C
6.13
1
Portable Garages
P
P
P
P
P
P
P
P
P
P
P
6.14
-
Scrap yard
C
C
9
Shipping Containers
P
P
C
C
C
C
P
6.17
-
Short-Term Rental
C
C
C
C
C
6.3
4
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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Page 74
USES
P = Permitted
C = Conditional
Underline = Only as a
Secondary or Accessory Use
Rural
Commercial
Residential
Industrial
Education and
Institutional
Parks,
Recreational, and
Open Space
Use-Specific
Standard
Parking Use as per
Table 5
AG
AL
RR
GD
CN
CC
RMH
RLD
RMD
RP
IG
EI
PR
Solar Collector
P
P
P
P
P
P
C
C
C
P
P
P
6.18
-
Swimming Pools and Hot
Tubs
P
P
P
P
P
P
P
6.19
-
Veterinary clinic
C
C
C
P
P
P
6
Transportation
Aircraft landing field /
airport
P
P
9
Bulk fuel storage / sales
C
C
C
9
Park and ride facility
C
C
C
C
C
School bus storage and
maintenance
C
C
P
9
Trucking terminal and
freight services
C
P
9
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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6 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.
6.1
Standards for Animal Keeping
Animal Keeping shall be subject to the following regulations:
a) The minimum lot size to accommodate Animal Keeping is four acres.
b) The number of animals kept on one site shall be less than 10 animal units (AU),
cumulative across species (see Table 14: Animal Units by Category of Livestock).
c) A maximum of 1 animal unit (cumulative across species) is permitted for every 3 ac
of site area or a maximum of 2 horses is permitted for every 5 ac of site area.
d) 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.
e) Any ground-level structure intended for the keeping of animals must be located in
the rear yard only and maintain a minimum setback of 15 ft from any site line.
Animals must be kept in a suitable enclosure and not be allowed to roam in
unfenced areas.
f) 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.
g) The keeping of poultry is only permitted in accordance with 6.23.
6.2
Standards for Apiaries (Beekeeping)
An apiary in the RR, GD, and EI zones must meet all of the following standards:
a) No hives shall be located within 25 ft of a site line unless located in compliance with
the following:
i)
the hive's base is set at a minimum height of 8 ft above grade; or
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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ii)
in the RR, GD, and EI zones, any hive is located behind a solid fence or hedge
6 ft in height located parallel to an adjacent property line and extending a
minimum of 20 ft horizontally behind the hive in either direction.
b) In the RR, GD, and EI zones, a maximum of four hives is allowed on a property.
c) Every landowner who allows the keeping of bees on their property has the duty to
ensure the maintenance of the beehives. The bees must be requeened if they
swarm or show signs of aggressive behaviour.
d) A Development Permit is required.
6.3
Standards for Short-Term Rentals
A Short-Term Rental must meet the following standards:
a) A short-term rental can involve the principal, secondary, or accessory use;
b) Short-term rentals must be conducted in one of the following types of residential
properties:
i)
Single-Unit Dwellings and Two-Unit Dwellings;
ii)
Apartments and Condominiums;
iii)
Secondary suites;
iv)
Cottages;
v)
Camping Trailers and Recreational Vehicles;
vi)
Any part of the above.
c) Short-term rental hosts are required to obtain a Development Permit from the
Development Officer or Designate;
d) The operator of a Short-Term Rental must complete the self-inspection checklist
upon application for a Short-Term Rental;
e) Short-Term Rental Hosts are required to meet all applicable laws, both provincial
and municipal;
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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f) One sign is permitted for an approved Short-Term Rental to a maximum of 3 square
feet (0.2 sq. metres) in sign surface;
g) A minimum of one off-street parking space must be provided for every four guests;
h) Camping Trailers and Recreational Vehicles can only be used as a Short-term rental
in the RP Residential Parkland zone.
6.4
Separation Distances for Dangerous Goods or
Agrichemical Storage Facilities
Dangerous Goods or Agrichemical Storage Facilities shall be located at a minimum
distance of 165 ft (50 m) from the site lines in the AG, AL, CC, and IG zones.
6.5
Standards for Dwellings in Agricultural Zones
Site areas for all dwellings in the AG and AL Zones should not exceed a maximum of 10
acres.
6.6
Standards for Two-Unit Dwellings
A two-unit dwelling shall:
a) have no required side yard (contrary to Bulk/Use Tables) on a side that shares a
party wall with a building on an adjacent site.
b) reduce the minimum lot width and lot site area requirements by 50% for the
purpose of subdivision (contrary to Bulk/Use Tables) use in the RLD, RMD, and RP
zones) if the Two-Unit Dwelling utilizes a party wall.
c) not have a secondary suite.
6.7
Standards for Multi-Unit Dwellings
A multi-unit dwelling shall:
a) have no required side yard (contrary to Bulk/Use Tables) on the side that shares a
party wall with the building on the adjacent site.
b) not have a secondary suite.
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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6.8
Standards for Home-Based Businesses
Home-based businesses must:
a) be conducted by a person or persons residing in the dwelling.
b) not have more than two people employed or otherwise engaged in the business who
do not reside in the dwelling.
c) not have processing or outside storage of goods in the RP, RMH, RLD and RMD
zones.
d) not produce noise, odour, dust or cause any conflict with adjacent properties.
e) not have more than 30% of the total floor area of buildings on the site devoted to the
business.
f) have a maximum of one business sign, either freestanding or affixed to the wall of a
principal or accessory building, not exceeding:
i)
16 sq ft in the AG, AL, and RR zones.
ii)
8 sq ft in the RP, RMH, RLD and RMD zones where home-based businesses
are allowed.
6.9
Standards for Home Industries
A Home Industry may be allowed in zones where it is a Permitted Secondary Use or a
Conditional Secondary Use only if the following standards are met:
a) exterior storage of products or materials must be limited to the Rear Yard and
screened from view. The storage shall not project above the height of a fence or
screening.
b) the area used to carry out the Home Industry shall not occupy more than 2500 sq ft.
c) Signage for the Home Industry may be located on the subject property and limited
to one non-illuminated (or indirectly illuminated) sign not to exceed:
i)
32 sq ft in any Agricultural zone; or
ii)
16 sq ft in all other zones.
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d) A Home Industry 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)
five non-resident persons in any Agricultural zone; or
ii)
two non-resident persons in the RR zone.
e) The proponent of the Home Industry must obtain a development permit before
establishing or expanding a Home Industry 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.
g) There shall be no mechanical or electrical equipment used which creates noise, or
visible and audible interference in radio or television reception in adjacent dwelling
units.
h) The Home Industry shall not be permitted if, in the opinion of the Designated
Officer, such use would be more appropriately located in another Zoning District
having regard for, among other matters, potential traffic generation and potential
interference with the character of the area.
i) The Home Industry shall comply with all environmental and public health standards
of the Province of Manitoba.
j) In addition to the information regulations of Section 2.10 of this By-law, each
application for a development permit for a proposed Home Industry shall include a
description of the use to be undertaken at the premises and an indication of where
any materials, equipment or vehicles associated with the use are to be stored.
k) A permit for a Home Industry is not transferable to a new homeowner.
l) All Home Industries must be operated in accordance with all plans and documents
approved as part of the application.
m) If customer parking is provided, it shall be located in the rear yard.
n) No toxic matter, explosive, flammable, combustible, corrosive, radioactive, or other
restricted material may be used, stored, or produced.
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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o) In no case shall the home industry be open to the public at times earlier than 8:00
a.m. or later than 10:00 p.m. unless permitted by the Municipality in writing.
6.10 Standards for Livestock Operations Producing Less Than
400 Animal Units
Any reference in this By-law to Livestock Animal Units (AU) shall use Table 14 to determine
the amount of livestock waste produced and/or the number of animals permitted.
Livestock operations should:
a) Meet the separation distances as stipulated in the development plan and based on
the animal unit calculations and criteria outlined in Table 14 and Table 15. 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.
b) Be subject to the following conditions, if imposed by Council:
i)
Measures to ensure conformity with the Development Plan and Zoning By-
law.
ii)
Either or both of the following measures to reduce odours from the
operation:
i. covering manure storage facilities.
ii. the establishment of shelterbelts.
iii)
Enter into a development agreement regarding one or more of the following:
i. the timing of construction
ii. the control of traffic
iii. the construction and maintenance of roads, fencing, landscaping,
drainage works, shelterbelts
iv. manure management.
iv)
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.
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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c) Coolers or other structures designed for the storage of animal deadstock will
require a minimum front yard setback of 60 ft.
d) As per Development Plan policy 5.2.2.6 new Livestock Operations in the Agriculture
Limited zone may only be established to a maximum of 20 AU. Existing Livestock
Operations in the Agriculture Limited zone may expand up to 399 AU.
6.11 Standards for Large Livestock Operations Producing 400 or
More Animal Units
In addition to the standards in 6.10, an application for approval of a livestock operation
involving 300 or more animal units (cumulative across species) shall:
a) be sent to the minister for referral to the Technical Review Committee for review.
b) be subject to the following condition (if imposed by Council): measures to
implement recommendations of the Technical Review Committee.
c) As per Development Plan policy 5.2.2.6 new Livestock Operations in the Agriculture
Limited zone may only be established to a maximum of 20 AU. Existing Livestock
Operations in the Agriculture Limited zone may expand up to 399 AU.
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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Table 14: Animal Units by Category of Livestock
Animal
Type
Animal Units (AU) 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
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Animal
Type
Animal Units (AU) produced
by one animal
Number of animals
to produce one AU
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
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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Table 15: Minimum Separation Distances for Siting Livestock Operations
Note that the dwelling of the operator located on the lot where the activity is taking place is
excluded from Separation Distance requirements.
Also note that Table 14 and Table 15 are adapted from Provincial guidelines and are
subject to change.
Size of
Livestock
Operations in
Animal Units
(AU)
Separation Distance in Metres (ft) from
Single Residence
Separation Distance in Metres
(ft) from Designated Areas
To Earthen Manure
Storage Facility or
Feedlot
To Animal
Confinement
Facility and
Non-earthen
Manure Storage
Facility
To Earthen
Manure
Storage
Facility or
Feedlot
To Animal
Confinement
Facility and Non-
earthen Manure
Storage Facility
10-100
200 (656)
100 (328)
800 (2625)
530 (1739)
101-200
300 (984)
150 (492)
1200 (3937)
800 (2625
201-300
400 (1,312)
200 (656)
1600 (5,249) 1070 (3,511)
301-400
450 (1,476)
225 (738)
1800 (5,906) 1200 (3,937)
401-800
500 (1,640)
250 (820)
2000 (6,561) 1330 (4,364)
801-1600
600 (1,968)
300 (984)
2400 (7,874) 1600 (5,249)
1601-3200
700 (2,297)
350 (1,148)
2800 (9,186) 1870 (6,135)
3201-6400
800 (2,625)
400 (1,312)
3200 (10,499) 2130 (6,988)
6401-12,800
900 (2,953)
450 (1,476)
3600 (11,811) 2400 (7,874)
>12,800
1000 (3,281)
500 (1,640)
4000 (13,123) 2670 (8,760)
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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Notice of Public Hearing for Livestock Operations
In addition to the notice provisions in The Act, prior to any hearing of an application for a
conditional use permit to establish or expand a livestock operation, Council shall give the
following notice:
a) 10-100 AU send notice by regular mail to every residence and property owner within
¼ mile.
i)
101-300 AU send notice by regular mail to every residence within 1 mile.
ii)
300+ AU and all earthen manure storage facilities send notice by regular mail
to every residence within 1.88 miles.
6.12 Standards for Mobile Homes
Mobile homes require a development permit. No mobile home located in the Rural
Municipality of De Salaberry shall receive a development permit unless it complies with
the following regulations:
a) All mobile home, must meet the structural standards in The Buildings and Mobile
Homes Act, conform to Canadian Standards Association Z-240 MH, and any local
Building or Mobile Home By-law (if applicable).
b) A mobile home, when located permanently on a site, shall:
i)
be connected to municipal sewer and water services when such services are
available on the site;
ii)
be connected to an electrical service outlet;
iii)
be placed and anchored on a permanent foundation in accordance with the
CSA Z-240.10.1 Site Preparation, Foundation, and Anchorage for
Manufactured Homes standard;
iv)
have skirting that screens the view of the foundation supports or wheels.
c) No detached accessory building or structure shall be located within a distance of
ten ft clear of all projects of a mobile home, including a mobile home on an
adjoining space. Detached accessory buildings or structures shall be located only
in the side or rear yard.
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6.13 Standards for Planned Unit Developments
A planned unit development:
a) May only be established on a zoning site or proposed development larger than 2
acres in size.
b) The uses and standards of a Planned Unit Development must be generally
consistent with the desired character for the area as set out in the Rural
Municipality of De Salaberry Development Plan, any applicable Secondary Plans,
and the uses and standards in the zones adjacent to the site.
c) An application for a planned unit development shall be considered as a conditional
use application, subject to the conditional use provisions of this By-law and The
Planning Act.
d) An application for a planned unit development must be accompanied with a
detailed site plan, including:
i)
location of the site boundaries.
ii)
planned location, height, and types of use of buildings and structures.
iii)
planned location of internal roads and entrances to site.
iv)
planned location of sidewalks and active transportation paths.
v)
planned locations of communal and public facilities and spaces.
vi)
planned locations of fencing, lighting, trees, shrubs, groundcover, and
plantings.
vii)
planned location of vehicle parking.
viii)
planned location of systems supplying electrical power, water, and
collection of sewage and waste.
ix)
lot grading.
x)
a list of all instances on the site where the bulk standards of the proposed
buildings and structures do not comply with the requirements of this zoning
by-law.
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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xi)
other information as required by Council.
6.14 Standards for Portable Garages
The installation of a portable garage shall be allowed as an accessory use. Portable
garages are subject to the following rules:
a) A maximum of one portable garage is allowed on a site in all zones, except the AG
and AL zones.
b) A portable garage is not permitted within the required front yard of a site.
c) A portable garage must meet side and rear yard requirements for accessory
buildings in the zone in which it is located.
d) A portable garage must not exceed the height restrictions for accessory buildings in
the zone in which it is located.
e) A portable garage must not exceed 200 sq ft in area.
f) A portable garage must be placed on a driveway or parking space.
g) A portable garage must be kept in good condition (any rip in the fabric must be
repaired).
6.15 Standards for Secondary Suites
Secondary suites must comply with the following regulations:
a) Not more than one secondary suite shall be permitted on a single zoning site.
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 or 80% of
the total habitable floor space of the principal building (whichever is the lesser).
d) Detached secondary suites must follow the setback standards for principal
buildings and structures in the Siting Table.
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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6.16 Standards for Sewage Treatment Sites (Lagoon)
A mutual separation distance of 1,000 ft shall be maintained between a dwelling and a
sewage treatment site or lagoon.
6.17 Standards for Shipping Containers
A shipping container must adhere to the following standards:
a) A shipping container used for storage must meet the requirements for accessory
buildings in the zone in which it is located. Shipping containers must not exceed the
maximum height for accessory buildings for the zone.
b) No more than one shipping container is permitted per lot.
c) A shipping container used as a dwelling must meet the requirements for dwelling
units in the zone in which it is located.
d) Must be screened from view.
e) Cannot be located in the front yard and must meet all setback requirements.
f) 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.
g) A shipping container must not be used for advertising, building identification, or any
other signage.
h) A truck trailer is a shipping container.
6.18 Standards for Solar Collectors
A Solar Collector must meet the following standards:
a)
Any solar collector not connected to a building shall adhere to the same setbacks
and height restrictions for secondary/accessory buildings in the zone in which the
installation is situated.
a) A roof or wall-mounted solar collector shall not exceed, in size, the total square
footage of the principal structure.
RURAL MUNICIPALITY OF DE SALABERRY ZONING BY-LAW
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b) A solar collector that is mounted on a roof may project a maximum of 6.5 ft from the
surface of the roof and must not extend beyond the outermost edge of the roof.
c) A solar collector that is mounted on a wall may project a maximum of two ft (0.6 m)
from the surface of that wall and must be located a minimum of 8 ft above grade.
6.19 Standards for Swimming Pools and Hot Tubs
Swimming pools, hot tubs, and similar structures with a water depth of greater than 2 ft,
shall be allowed as a permitted accessory use to a residential use (including when located
on a farm), recreational, or commercial development provided that:
a) they meet the siting requirements of accessory structures for the zone in which they
are located.
b) the pool area is protected by a fence with lockable gates and a minimum height of 6
ft to prevent unauthorized entry. The fence and gate must be constructed so as to
prevent a child from crawling underneath.
c) hot tubs must be protected with a cover capable of being locked.
d) a development permit and building permit is required under this By-law for pools,
hot tubs, and similar in ground structures with a water depth of 2 ft or greater.
6.20 Standards for Urban Farms
An urban farm must meet all of the following standards:
a) A development permit application for an urban farm that involves any of the
following activities must be accompanied with a plan that addresses how the
activities will be managed to mitigate impacts on surrounding land uses and natural
systems:
i)
the processing of food produced on site.
ii)
the use of heavy equipment such as tractors.
b) Greenhouses, compost structures, hoop houses, and similar structures are
permitted as accessory structures, provided they conform to the applicable bulk
requirements for accessory buildings and structures for the relevant zone.
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c) Compost must be maintained in a way that limits nuisance odours to adjacent
properties.
d) On-site sales are limited to sales of goods produced on site.
6.21 Standards for Wind Energy Generating System Tower
(Commercial)
A commercial Wind Energy Generating System (WEGS) tower must meet the following
standards:
a) It is 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) It is set back no less than 100 ft 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 1640 ft.
d) It contains no commercial advertising other than the manufacturers or owner's
name or logo.
e) It contains 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.
6.22 Standards for Camping Trailers and Recreational Vehicles
A Camping Trailer or Recreational Vehicle must meet the following standards:
a) A Camping Trailer or Recreational Vehicle can be operated as a conditional
Principal Use within the Residential Parkland zone only.
b) A maximum of one Camping Trailer or Recreational Vehicle can be used as a Short-
Term Rental on a residential lot in the Residential Parkland zone only with
Conditional Use approval.
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c) Any more than one Camping Trailer or Recreational Vehicle being used as a Short-
Term Rental is considered to be a Camping and Tenting Ground.
6.23 Standards for Hobby Poultry
A maximum of six (6) hens, and zero roosters, may be kept subject to the following:
a) No person shall establish hobby poultry on a site without first obtaining a
development permit from the CAO, Development Officer, or designate;
b) The coop and enclosure must meet the following standards:
i)
located in the rear of the lot behind the dwelling and not located within the
Accessory Use setbacks;
ii)
positioned a minimum of 15 feet (4.6 m) from any neighbouring property line;
and
iii)
the enclosure must be covered entirely on all sides and top by chicken-grade
fencing.
c) On lots of 4 or more acres an additional 2 hens per acre are permitted to a
maximum number of twenty (20) hens.
d) Hobby Poultry is subject to registering with the applicable Provincial authority.
6.24 Standards for Mobile Home Parks
A mobile home park must meet the following standards:
a) There shall not be more than one mobile home located on a mobile home space in a
mobile home park.
b) Shall contain a minimum of 3 mobile/manufactured home spaces and shall have a
minimum site width of 200 ft.
c) Shall be provided with an adequate street lighting system and other services that
the Development Officer deems necessary for public health and safety.
d) A mobile home park must provide an internal roadway with a driving surface a
minimum of 16.5 ft wide with an all-weather surface that serves all dwellings that
meets the municipal roadway lighting and surface water drainage standards.
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e) Must provide clear identification of each dwelling space and its boundaries.
f) Must provide a centrally located common park space or recreation area equivalent
to a minimum area of 430 sq ft per dwelling space.
g) Mobile homes shall be located a minimum distance of 12 ft away from a storage
compound or a common parking area and 20 ft from a service building in a mobile
home park.
h) An application for a mobile 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.
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Table 16: Bulk Standards for Mobile Homes
6.25 Standards for Bed and Breakfasts
A bed and breakfast shall only be allowed on a site in a zone in which it is a permitted or
conditional use if it meets all of the following requirements:
a) The operator must reside within the principal residence to which the Bed and
Breakfast is an accessory use.
b) No more than eight patrons shall be accommodated within one dwelling.
c) No more than four 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 in the zone in which
the bed and breakfast is located.
Description
Dimensional Requirements
Minimum area of each mobile home space
4500 sq. ft.
Minimum width of each mobile home space
45 ft.
Minimum depth of each mobile home space
100 ft.
Minimum side to side clearance between mobile home
dwellings (porches, carports, additions and projections
are considered part of the mobile home)
10 ft.
Minimum end-to-end clearance between mobile homes
30 ft.
Minimum distance from mobile home to roadway
10 ft.
Minimum distance from mobile home to public street or
mobile home park boundary
30 ft
Minimum Site Area
1 acre
Maximum Density
6 mobile homes per acre
Schedule A: Zoning Maps