Rural Municipality of Headingley, Manitoba
· adopted 2011-09-13
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ZONING BY - LAW
NO. 3-2011
298 Waterfront Drive
Winnipeg, Manitoba R3B 0G5
Phone: 204.453.8008
Fax: 204.453.6626
e -mail: [email protected]
THE RURAL
MUNICIPALITY OF
HEADINGLEY
THE RURAL MUNICIPALITY OF HEADINGLEY ZONING BY-LAW NO.
3-2011
A By-law of the Rural Municipality (RM) of Headingley,
in the Province of Manitoba, to regulate and control the use and development
of land and buildings within the Municipal limits
of the RM of Headingley.
WHEREAS pursuant to the provisions of The Planning Act (the Act), the RM of Headingley has,
by By-law, adopted The RM of Headingley Development Plan By-law x/x;
And WHEREAS the Act provides that the Council may adopt a Zoning By-law that generally
conforms to a Development Plan adopted for the area;
NOW THEREFORE
The RM of Headingley in meeting duly assembled, enacts as
follows:
1.
The RM of Headingley Zoning By-law No. 21/95, and all amendments thereto, are hereby
rescinded.
2.
The Zoning By-law, attached hereto and marked as Schedule "A", is hereby adopted.
3.
This By-law shall be known as the RM of Headingley Zoning By-law.
4.
The RM of Headingley Zoning By-law shall take force and effect on the date of Third Reading
of this By-law.
DONE AND PASSED
in Headingley, Manitoba, this 13th day of September, A.D. 2011.
(Original Signed)
[Reeve]
Read a First time this 25th day of January, A.D. 2011.
Read a Second time this 28th day of June, A.D. 2011.
Read a Third time this 13th day of September, A.D. 2011.
Certified a true copy of By-law No. 3-2011 of the RM of Headingley.
(Original Signed)
[Chief Administrative Officer]
THE RURAL MUNICIPALITY OF HEADINGLEY
ZONING BY-LAW
BEING SCHEDULE 'A'
ATTACHED TO BY-LAW NO. 3-2011
OF
THE RURAL MUNICIPALITY OF HEADINGLEY
TABLE OF CONTENTS
PART I - ADMINISTRATION
1.0
Title and Contents ............................................................................................................... 1
2.0
Non-Conforming Buildings, Structures, Lots and Uses ..................................................... 4
3.0
Zoning Maps ....................................................................................................................... 6
3.1
Authority of Zoning Maps .......................................................................................... 6
3.2
Zoning District Boundaries ......................................................................................... 6
3.3
Right-of Way Boundaries ........................................................................................... 7
4.0
Approval Required for Development ................................................................................. 7
5.0
Other Legislation ................................................................................................................ 8
5.1
Compliance ................................................................................................................. 8
5.2
Public Utilities and Services ....................................................................................... 8
6.0
Responsibilities and Duties ................................................................................................. 9
6.1
Responsibilities of the Municipal Council ................................................................. 9
6.2
Duties of the Owner .................................................................................................... 9
6.3
Authority and Responsibility of the Designated Officer .......................................... 10
7.0
Development Classes ........................................................................................................ 12
7.1
Class A Development (No Development Permit Required) ..................................... 12
7.2
Class B Developments (Permitted Use) .................................................................... 14
7.3
Class C Developments (Conditional Use) ................................................................ 15
7.4
Sign Permits .............................................................................................................. 16
8.0
Development Permit Applications .................................................................................... 17
8.1
General Application Submission Conditions ............................................................ 17
8.2
Special Information Requirements for Application Submissions ............................. 17
8.3
Conditions Attached to a Development Permit ........................................................ 18
9.0
Enforcement and Penalties ................................................................................................ 19
9.1
Offenses .................................................................................................................... 19
9.2
Penalties .................................................................................................................... 20
9.3
Suspension or Revocation of the Development Permit ............................................ 20
10.0
Rezoning Amendments ..................................................................................................... 20
10.1
Text and Mapping Amendments ............................................................................... 20
10.2
Review and Processing of Amendments................................................................... 21
10.3
Notification of Amendments..................................................................................... 22
11.0
Conditional Uses ............................................................................................................... 23
12.0
Variation Orders ............................................................................................................... 24
13.0
Subdivisions ...................................................................................................................... 25
PART II - DEFINITIONS
14.0
Definitions ........................................................................................................................ 27
14.1
General Definitions ................................................................................................... 27
14.2
Sign Definitions ........................................................................................................ 44
14.3
Use Class Definitions ................................................................................................ 47
TABLE OF CONTENTS
PART III - ZONING DISTRICTS
15.0
Zoning Districts ................................................................................................................ 64
15.1
Intent of Zoning Districts .......................................................................................... 64
15.2
Permitted and Conditional Uses................................................................................ 64
15.3
Bulk Regulations for Zoning Districts ...................................................................... 64
15.4
Additional Regulations for Permitted and Conditional Uses .................................... 64
15.5
Additional Regulations for the R-20: Residential Single Family, RR1: Rural
Residential, RR2: Rural Residential, and RR5: Rural Residential Zoning Districts 65
15.6
Additional Regulations for the CC Commercial Central Zoning District ................ 65
15.7
Additional Regulations for the CH: Commercial Highway Zoning District ............ 66
15.8 Additional Regulations for the Site Specific Commercial Zoning District along
Roblin Boulevard ..................................................................................................... 67
15.9
Additional Regulations for the IB: Industrial Business Zoning District................... 67
15.10
Additional Regulations for the IG: Industrial General Zoning District .................... 68
15.11 Additional Regulations for the Site Specific Industrial Zoning District................... 69
15.12 Additional Regulations for the RU: Rural General Zoning District ....................69
15.13 Additional Regulations for the RMU-1: Residential Mixed Use Zoning District .....70
15.14 Additional Regulations for the DR: Development Reserve Zoning District ... 72
15.15 Additional Regulations for the RMU-2: Residential Mixed Use
Zoning District ....................................................................................................72
15.16 Additional Regulations for the Area referred to as Hatfield Area South as shown on
Map 1D
73
15.17 Additional Regulations for Multi-Family Developments 73
PART IV - SPECIAL LAND USES
16.0
Special Land Uses ............................................................................................................. 76
16.1
Applicability ............................................................................................................. 76
16.2
Bed and Breakfast Homes ......................................................................................... 76
16.3
Car Brokers ............................................................................................................... 77
16.4
Home Occupations .................................................................................................... 78
16.5 Livestock Operations .............................................................................................. 79
16.6
Residential Related Farms ........................................................................................ 81
16.7
Planned Unit Developments ..................................................................................... 81
16.8
Small Animal Breeding and Boarding Establishment .............................................. 82
16.9
Secomdary Suites ...................................................................................................... 82
16.10
Vehicular - Oriented Uses ......................................................................................... 83
16.11 Convenience Retail Stores.................................................................. 84
16.12 Boat, Trailers, Un-Licensed Vehicles and Motor Homes.................................... .85
16.13 Tennis Courts and Outdoor Skating Rinks................................. ...........85
16.14 Mini-Warehouse and Self Storage.......................................................................... 85
16.15 Automotive and Recreational Vehicle Sales .............................................86
16.16 Solar Panels .................................................................................. 87
TABLE OF CONTENTS
PART V- DEVELOPMENT REGULATIONS
17.0
General Development Regulations ................................................................................... 89
17.1
Applicability ............................................................................................................. 89
17.2
Access to Sites .......................................................................................................... 89
17.3
Accessory Uses, Buildings and Structures................................................................ 89
17.4
Building Grade .......................................................................................................... 90
17.5
Construction on Road Allowance ............................................................................. 90
17.6
Connecting to Municipal Services ............................................................................ 91
17.7
Excavation, Stripping and Grading ........................................................................... 91
17.8
Fences ....................................................................................................................... 92
17.9 Flood Prone Risk Areas and Hazard Lands ..............................................................92
17.10
Hazardous Materials Storage .................................................................................... 93
17.11
Height of Features ..................................................................................................... 93
17.12
Land Drainage ........................................................................................................... 93
17.13
Landscaping .............................................................................................................. 94
17.14
Lighting of Sites ........................................................................................................ 96
17.15
Moving of Structures ................................................................................................ 96
17.16
Noxious or Offensive Uses ....................................................................................... 96
17.17
Outdoor Solid Fuel Heating System Buildings or Structures ................................... 96
17.18
Private and Semi-Private Swimming Pools and Hot Tubs ....................................... 97
17.19
Projections into Yards ............................................................................................... 98
17.20
Special Setbacks........................................................................................................ 98
17.21
Temporary Buildings and Uses ............................................................................... 100
17.22 Increased Rear and Side Yard Setbacks-SouthHamlet........................................... 101
17.23 Increased Side Yard Setbacks-Lots 14 and 16, Block 2, Plan No. 37418 WLTO 101
17.24 Rail Cars, Semi-Trailers or Such Containers...........................................................101
17.25 Canvas Buildings ....................................................................................................102
17.26 Unconventional Sites ...................................................................... 102
18.0
Parking and Loading ....................................................................................................... 101
18.1
General .................................................................................................................... 103
18.2
Parking and Loading Development Standards ........................................................ 103
18.3 Accessible Parking .............................................................................................. ..106
18.4 Parking Restrictions ............................................................................................. ..107
18.5
Off Street Loading .................................................................................................. 108
19.0
Signs ................................................................................................................................ 108
19.1
General .................................................................................................................... 108
19.2
Abandoned Signs .................................................................................................... 109
19.3
General Sign Regulations ....................................................................................... 110
19.4
Canopy, Awning, Fascia and Freestanding Signs ................................................... 110
19.5
Portable Signs ......................................................................................................... 111
19.6
Temporary Signs ..................................................................................................... 115
20.0 Performance Standards ........................................................................................... 116
20.1
Performance Standards for Industrial Use Class Developments ............................ 116
20.2
General Performance Standards for Residential Use Class Developments ............ 117
TABLE OF CONTENTS
20.3
General Performance Standards for Commercial Use Class Developments ..........118
PART VI - ZONING MAP
Map 1 Overall Zoning Maps (Maps 1A, 1B, 1C, 1D, 1E and 1F)
Map 2 Increased Rear and Side Yard Setbacks - South Hamlet
Map 3 Increased Side Yard Setbacks - Lots 14 and 16, Block 2, Plan No. 37418 WLTO
APPENDICES
PART I - ADMINISTRATION
PART I
ADMINISTRATIVE CONTENT
RURAL MUNICIPALITY OF HEADINGLEY
Page 1
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
1.0 Title and Contents
1.1
Title
This By-law may be cited as the RM of Headingley Zoning By-law.
1.2
Effective Date
1)
This By-law shall be in full force and effect when the RM of Headingley
Council has given it Third Reading.
1.3
Intent and Purpose
The regulations established by this By-law are deemed necessary in order:
1)
To ensure general conformance with the objectives and policies of the RM
of Headingley Development Plan.
2)
To outline the powers and duties of RM of Headingley Council, the
Designated Officer and the landowner and/or developer as they relate to
this By-law.
3)
To regulate the following:
a)
all buildings and structures erected hereafter;
b)
all uses or changes in use of all buildings, structures and
land established hereafter;
c)
all structural alterations or relocations of existing buildings
and structures occurring hereafter; and
d)
all enlargements or additions to existing buildings, structures
and uses hereafter.
1.4
Contents of the By-law
The contents of this By-law include:
1)
Part I - Administration (Sections 1 to 13), outlines the Operative,
Administrative and Interpretive Clauses.
2)
Part II - Definitions (Section 14) is comprised of the various required
definitions for the Zoning By-law.
PART I
ADMINISTRATIVE CONTENT
RURAL MUNICIPALITY OF HEADINGLEY
Page 2
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
3)
Part III - Zoning Districts (Section 15), outlines the Zoning Districts,
Permitted and Conditional Uses and Bulk Regulations for Zoning Districts.
4)
Part IV - Special Land Uses (Section 16) outlines additional regulations
for specific land uses.
5)
Part V - Development Regulations (Sections 17 to 20), outlines General
Development Regulations and Special Land Use Regulations.
6)
Part VI - Zoning Maps is comprised of the Zoning District Maps.
1.5
Headings, Titles and Appendices
1)
Despite any other provision of this By-law or any other By-law passed by
the RM of Headingley Council to the contrary, headings, titles and
appendices within this By-law shall be deemed to form part of the text of
this By-law.
1.6
Interpretation
1)
Words, phrases and terms defined herein shall be given the defined
meaning.
2)
Words, phrases and terms neither defined herein nor defined in By-laws of
the RM of Headingley shall be given their usual and customary meaning
except where, in the opinion of the RM of Headingley Council the context
indicates a different meaning.
3)
The phrase "used for" includes "arranged for"; "maintained for"; "designed
for"; or "occupied for".
4)
The provisions of this By-law shall be interpreted to be the minimum
regulations except where the abbreviation for, or word, maximum is used,
in which case the maximum regulation shall apply.
5)
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events connected by
the conjunctions and, or, or either-or, the conjunctions shall be interpreted
as follows:
a)
and indicates that all the connected items, conditions,
provisions or events shall apply;
b)
or indicates that all the connected items, conditions,
provisions or events may apply singly or in combination; and
PART I
ADMINISTRATIVE CONTENT
RURAL MUNICIPALITY OF HEADINGLEY
Page 3
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
c)
either-or indicates that the connected items, conditions,
provisions or events shall apply singly but not in
combination.
6)
The word includes shall not limit a term to the specified examples, but is
intended to extend the meaning to all instances or circumstances of the like
kind or character.
7)
Drawings and illustrations form part of this By-law and are provided to
assist in interpreting and understanding the By-law. Where any conflict or
inconsistency arises between a drawing or illustration and the text of the
By-law, the text governs.
8)
Where any requirement of this By-law results in a fraction of a unit, a
fraction of one-half or more is considered a whole unit and a fraction of
less than one-half, is disregarded.
1.7
Regulation of Uses
1)
With the exception of Section 5.2 of this By-law, no land, building or
structure shall be constructed, enlarged, placed, used or occupied except
for a use that:
a)
is listed in the Zoning District clauses as:
i)
a permitted use development;
ii)
a conditional use development, subject to approval as
such; or
b)
is an accessory use, building or structure; or
c)
has been granted a use variance as per Section 97(2) of the
Act.
2)
Where any land, building or structure is used for more than one purpose, all
provisions of the By-law relating to each use shall apply. Where there is a
conflict, the more restrictive regulations shall prevail, except as otherwise
approved by the RM of Headingley Council.
3)
There shall be a maximum of one dwelling unit per lot or parcel of land,
except for the following:
a)
dwelling units that are required for employees or family
members, who in the opinion of Council, will be actively
involved in an agricultural operation; and/or
b)
Multiple Family Dwellings, Secondary Suites, Single Family
Dwellings, Seniors Housing, and Temporary Additional
Dwellings as provided for in this By-law.
PART I
ADMINISTRATIVE CONTENT
RURAL MUNICIPALITY OF HEADINGLEY
Page 4
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
1.8
Units of Measurement
1)
This By-law contains metric and imperial measurements. Where there is a
discrepancy between two measurements provided, metric shall prevail.
1.9
Control of Development
1)
No development, other than that designated in Section 7.1, shall be
undertaken in the Municipality unless an application has been approved and
the development permit has been issued.
1.10
Validity
1)
Should a court of competent jurisdiction declare any Section or part of a
Section of this By-law invalid, the same shall not affect provisions of the By-
law as a whole or any part thereof beyond that which is declared invalid.
1.11
Relationship to Former By-laws
1)
The adoption of this By-law shall not prevent any pending or future legal
action to deal with any existing land use violations.
2.0
Non-Conforming Buildings, Structures, Lots and
Uses
1)
When on or before the day on which this By-law or any By-law for the
amendment of it comes into force, a development permit has been issued,
and the enactment of the By-law would render the development in respect
of which the permit was issued a non-conforming building, structure, lot, or
use, the development permit continues in effect despite the enactment of
the By-law.
2)
Any lawful building or structure which does not conform to one or more of
the applicable yard regulations of the Zoning District in which it is located,
either on the effective date of this By-law or amendments thereto, shall be
deemed to be a permitted building or structure and shall be used as if it
conformed to all such regulations, in accordance with Section 2.0 (5) hereof.
3)
Any legal existing lot which does not conform to the minimum site area, site
width, front yard or access regulations hereof for the Zoning District wherein
it is located, shall be deemed to be a permitted lot and shall be used as if it
conformed to all such regulations, in accordance with Section 2.0 (5) hereof.
PART I
ADMINISTRATIVE CONTENT
RURAL MUNICIPALITY OF HEADINGLEY
Page 5
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
4)
Any lawful use of a building, structure or lot, or portion thereof, which does
not conform to one or more of the applicable use regulations of the Zoning
District in which it is located, either on the effective date of this By-law or
amendments thereto, shall be deemed to be a permitted use and shall be
used as if it conformed to all such regulations, in accordance with Section
2.0 (5) hereof.
5)
A non-conforming use of land or a non-conforming use of a building may be
continued, but if that use is discontinued for a period of twelve consecutive
months or more, any future use of the land or building shall conform to the
provisions of this By-law.
6)
A non-conforming use of part of a lot shall not be extended or transferred in
whole or in part to any other part of the lot and no additional buildings shall
be erected upon the lot while the non-conforming use continues.
7)
A non-conforming use of part of a building shall not be extended throughout
the building and the building, whether or not it is a non-conforming building
shall not be enlarged or added to and no structural alterations shall be made
thereto or therein.
8)
A non-conforming building may continue to be used, but the building shall
not be enlarged, added to, rebuilt or structurally altered except:
a)
as may be necessary to make it a conforming building; or
b)
as the Designated Officer considers necessary for the
routine maintenance of the building; or
c)
as may be necessary to allow the building to conform to
building standards.
9)
Where a building or structure that does not conform to the provisions of this
By-law or amendments thereto is destroyed or damaged to an extent that is
50.00 percent or more of the assessed value of the building or structure
above its foundation, the building or structure shall not be repaired or rebuilt
except in conformity with the provisions of this By-law.
10)
The use of land or the use of a building is not affected by change of
ownership, tenancy or occupancy of the land or building.
11)
Despite Section 2.0 (1) to Section 2.0 (10), as per the Act a non-conformity
may be altered by way of variation order by Council.
12)
Any owner may apply to the Designated Officer for a Non-Conforming
Certificate in accordance with the provisions of the Act.
PART I
ADMINISTRATIVE CONTENT
RURAL MUNICIPALITY OF HEADINGLEY
Page 6
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
3.0 Zoning Maps
3.1
Authority of Zoning Maps
1)
The Zoning District Maps are Part VI of this By-law, which divides the
Municipality into Zoning Districts and specifies regulations applying to
particular lands.
3.2
Zoning District Boundaries
Should uncertainty or dispute arise relative to the precise location of the
boundary of any Zoning District, as depicted on the Zoning District Maps,
the location shall be determined by the following:
1)
Where a Zoning District boundary is shown as approximately following the
centre of streets, lanes or other public thoroughfares, it shall be deemed to
follow the centre line thereof.
2)
Where a Zoning District boundary is shown as approximately following the
boundary of a site, the site boundary shall be deemed to be the boundary
of the Zoning District for that portion of the Zoning District boundary which
approximates the site boundary.
3)
Where a Zoning District boundary is shown approximately following
Municipal limits, it shall be deemed to be following Municipal limits.
4)
Where a Zoning District boundary is shown as approximately following the
centre of pipelines, railway lines, or utility easements, it shall be deemed to
follow the centre line of the right-of-way thereof.
5)
Where a Zoning District is shown as approximately following a topographic
contour line or a top-of-bank line, it shall be deemed to follow the said line.
In the event of a change in the said line, it shall be deemed as moving with
that line.
6)
Where a Zoning District boundary is shown as being parallel to or as an
extension of features noted above, it shall be so construed.
7)
Where features on the ground are at variance with those shown on the
Zoning District Map or in other circumstances not mentioned above, the
Designated Officer shall interpret the Zoning District boundaries. Any such
decision may be appealed to Respective member municipality Council.
8)
Where a Zoning District boundary is not located in conformity to the
provisions of Section 3.2(1) to Section 3.2(7) of this By-law, and in effect
PART I
ADMINISTRATIVE CONTENT
RURAL MUNICIPALITY OF HEADINGLEY
Page 7
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
divides or splits a registered parcel of land into more than one Zoning
District:
a)
the disposition of the said boundaries shall be determined by
dimensions indicated on the Zoning District Maps or by
measurements directly scaled from the Zoning District Maps;
and
b)
each such portion of the said parcel of land shall be used in
accordance with the applicable Zoning District regulations of
this By-law as if it were a separate site.
3.3
Right-of Way Boundaries
1)
Despite anything contained in this By-law, no Zoning District shall be
deemed to apply to any public roadway and any public roadway may be
designed, constructed, widened, altered, redesigned and maintained in
such manner as may be determined by RM of Headingley Council.
2)
Where any public roadway is closed pursuant to the provisions of The
Municipal Act, as amended, the land contained therein shall there upon be
deemed to carry the same Zoning District as the abutting land.
3)
Despite Section 3.3 (2), where such abutting lands are governed by different
Zoning Districts, the centre line of the public right-of-way shall be deemed
to be the Zoning District boundary.
4.0 Approval Required for Development
1)
No person shall:
a)
commence, or cause or allow to be commenced, a
development without a development permit which has been
issued under the provisions of this By-law; or
b)
carry on, or cause or allow to be carried on a development
without a development permit which has been issued under
the provisions of this By-law.
PART I
ADMINISTRATIVE CONTENT
RURAL MUNICIPALITY OF HEADINGLEY
Page 8
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
5.0 Other Legislation
5.1
Compliance
1)
A person applying for, or in possession of, a valid development permit is not
relieved from full responsibility for ascertaining and complying with or
carrying out development in accordance with:
a)
the regulations of the National Building Code as well as
applicable Municipal building regulations and Provincial
building code regulations;
b)
the RM of Headingley Development Plan;
c)
any other appropriate Federal, Provincial or Municipal
legislation; and
d)
the conditions of any caveat, covenant, site plan,
development agreement, variation order or conditional use
order, easement or other instrument affecting a building or
land.
2)
Whenever provisions contained in any appropriate Federal, Provincial or
Municipal legislation impose overlapping regulations, laws or policies over
the use of land, buildings or structures, or contain any restrictions covering
any of the same subject matter contained herein, the most restrictive or
highest standard shall apply.
3)
Whenever the provisions of a special agreement or development
agreement entered into between the RM of Headingley Council and a
developer impose overlapping regulations over the use of land, buildings or
structures, or contain any restrictions covering any of the same subject
matter contained in this By-law, the most restrictive or highest standard shall
govern.
4)
The Province of Manitoba and the Government of Canada are not bound or
restricted by any regulation of this By-law. The said governments are
encouraged, however, to permit only those developments that are
consistent with the regulations of this By-law.
5.2
Public Utilities and Services
1)
Nothing in this By-law shall be so interpreted as to interfere with the
construction, maintenance and operation of the facilities of any Public Utility
Service or Protective and Emergency Service, as defined in this By-law.
PART I
ADMINISTRATIVE CONTENT
RURAL MUNICIPALITY OF HEADINGLEY
Page 9
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
6.0 Responsibilities and Duties
6.1
Responsibility of the Municipal Council
Subject to the provisions of the Act, the RM of Headingley Council is
responsible for:
1)
The adoption or rejection of proposed subdivisions and road closures.
2)
Holding public hearings dealing with subdivisions and road closures.
3)
The enactment of this By-law.
4)
The adoption or rejection of proposed amendments or the repeal of this By-
law.
5)
Approving or rejecting variation order applications.
6)
Approving or rejecting conditional use order applications and considering
revoking the authorized conditional use order for any violation of any
conditions imposed by it.
7)
Administering and enforcing those provisions of the Act, where applicable.
8)
Establishing a schedule of fees and charges for development and building
permits. Until all applicable fees and charges have been paid in full, no
action needs to be taken on any application.
6.2
Duties of the Owner
1)
Neither the granting of a development permit nor the approval of the
drawings and specifications or the inspections made by the Designated
Officer shall in any way relieve the owner of the responsibility of complying
with the regulations of this By-law or of any relevant by-laws of the RM of
Headingley.
2)
Every owner shall:
a)
permit the Designated Officer to enter any building or
premises for the purpose of administering or enforcing this
By-law at all reasonable times and with the consent of the
owner in accordance with Section 6.3.3 of this By-law;
b)
after the development application has been approved and
the permit issued, notify the Designated Officer and obtain
his/her approval before doing any work at variance with the
approved documents filed;
PART I
ADMINISTRATIVE CONTENT
RURAL MUNICIPALITY OF HEADINGLEY
Page 10
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
c)
be responsible for obtaining, where applicable, from the
appropriate authorities, permits or licenses relating to the
buildings, grades, plumbing, blasting, street, occupancy, on-
site waste management, electrical, highways, and all other
permits required in connection with the proposed work; and
d)
comply with all applicable Provincial and Federal government
legislation including any permits, certificates and/or licences.
6.3
Authority and Responsibility of the Designated Officer
6.3.1 Establishment and Appointment
1)
The Designated Officer shall be any person appointed by the RM of
Headingley Council to occupy the position of Designated Officer.
6.3.2 Designated Officer Duties and Responsibilities
The Designated Officer:
1)
Shall review each development permit application to ascertain whether it
conforms to the adopted RM of Headingley Development Plan and
amendments thereto, all applicable regulations and information regulations
of this By-law and amendments thereto, and other Municipal By-laws, the
conditions of any caveat, covenant, site plan, development agreement,
variance or conditional use order, easement or any other instrument
affecting a building or land.
2)
May refer a development permit application to any municipal, provincial or
federal department or any other agency or body, deemed appropriate to
obtain comments on the application.
3)
Shall approve, without any conditions, or with such conditions as are
required to ensure compliance, an application for development of a
Permitted Use provided the development complies with the regulations of
this By-law, or shall refuse an application for development of a Permitted
Use if the development does not comply with the regulations of this By-law
unless he/she uses his/her discretion pursuant to Section 6.3.4 of this By-
law.
4)
May give notice of his/her decision on applications for development as
follows:
a)
where an application has been approved, notice to the applicant shall
be given in writing by ordinary mail; or
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b)
where an application has been refused, notice in writing shall be
given to the applicant, by ordinary mail, and such notice shall state
the reason for refusal.
5)
Shall receive, review and process development applications.
6)
Shall perform other such duties as described or implied elsewhere in this
By-law or required by the RM of Headingley Council, subject to approval by
the RM of Headingley Council.
7)
An applicant or owner who is unsatisfied with a decision or order of the
Designated Officer may request the RM of Headingley Council to review the
decision or order by written notice within 14 days after the person receives
the decision or order.
8)
After giving the person a reasonable opportunity to be heard, the RM of
Headingley Council may confirm, vary, substitute or cancel the order or
decision.
6.3.3 Entry for Inspection and Other Purposes
1)
The Designated Officer may, after giving reasonable notice to the owner or
occupier of the land or a building or other structure to be entered:
a)
enter the land, building or structure at any reasonable time for
the purpose of administering or enforcing this By-law in
accordance with the Act;
b)
request that anything be produced to assist in inspection,
remedy, or enforcement; and
c)
make copies of anything related to the inspection, remedy, or
enforcement.
2)
The Designated Officer must display or produce on request identification
showing his/her official capacity.
3)
In an emergency or in extraordinary circumstances, the Designated Officer
need not give reasonable notice or enter at a reasonable time and may
undertake inspection, remedy or enforcement activities referred to in
Section 6.3.3 (1) of this By-law without the consent of the owner or
occupant.
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6.3.4 Variance to Regulations
1)
The Designated Officer may approve, with or without conditions, a minor
variation not to exceed ten percent (10.00 %) of the regulations of this By-
law governing height, distance, area, or size regulations.
6.3.5 Public Inspection of Applications
1)
The Designated Officer shall ensure that a Register of Applications is
maintained, and is made available to any interested person during normal
office hours.
6.3.6 Maintenance and Inspection of By-law
The Designated Officer shall:
1)
Make available to the public during normal office hours copies of this By-
law and all subsequent amendments thereto.
2)
Charge the specified fee for supplying to the public copies of this By-law.
7.0 Development Classes
The following classes of development are hereby established.
1)
Class A
No Development Permit Required
2)
Class B
Permitted Use
3)
Class C
Conditional Use
7.1
Class A Development (No Development Permit Required)
No development permit from the RM of Headingley is required under this
By-law for the developments listed below, provided that such developments
shall comply with the Permitted Use and regulations of this By-law. This
does not relieve the applicant or landowner from obtaining approvals from
other government agencies. For a development listed below, the
Designated Officer shall advise the applicant that no permit is required and
return the submission, including any fees paid. Developments exempted
from applications are as follows:
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1)
Regular maintenance and repair of any development provided it does not
include structural alterations.
2)
Private driveways and patios which are accessory to a development.
3)
A fence, wall, or gate not exceeding 2.00 m. (6.56 ft.) in height.
4)
An accessory building that:
a)
is less than 10.22 sq. m. (110.00 sq. ft.) in area;
b)
does not exceed 4.57 m. (15.00 ft.) or one storey in height;
and
c)
is not considered a hazard by the Designated Officer.
5)
An unenclosed deck or a deck enclosed by a rail or parapet wall and a
wheelchair ramp, all of which having a floor less than 0.61 m. (2.00 ft.)
above grade unless it is anchored to the building.
6)
Landscaping where the existing grade and natural surface drainage pattern
is not materially altered.
7)
The erection or placement of a temporary building, the sole purpose of
which is incidental to the erection of a building for which a development
permit has been granted, provided the temporary building is removed within
30 days of substantial completion or as determined by the Designated
Officer.
8)
The following types of signs are exempt but this shall not relieve the owner
or person in control of such signs from erecting and maintaining the signs
in a safe and good condition:
a)
signs of less than 0.60sm (6.46sq. ft.) in area, advertising the
sale, lease, or rent of property, premises, or buildings on that
site;
b)
memorial signs or tablets of bronze, brass, stone or other non-
combustible materials when built into or attached to the walls
of a building or other structure provided such tablets bear only
the name of the owner, the name and use of the building, the
date of erection of the building or reading matter
commemorating a person or event;
c)
signs of a duly constituted governmental body, including traffic
or regulating devices, legal notices, railway crossing, danger
or other emergency signs;
d)
one real estate sign;
e)
election campaign signs during Federal, Provincial,
Municipal and School Board election periods and up to
seven (7) days after the election; and
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f)
non-illuminated directional signs, each sign not to exceed
0.50sm (5.38sq. ft.) in sign area.
9)
The use of vacant farmland, farm buildings and structures for permitted
agricultural activities, excluding livestock operations.
10)
When a change in land use is from one agricultural activity to another,
excluding livestock operations.
7.2
Class B Developments (Permitted Use)
The following information shall be submitted with an application for Class B
(Permitted Use) developments, and the appropriate application form fully
and accurately completed with information included as follows:
1)
The municipal address of land and buildings presently occupying the site, if
any.
2)
A status of Title that has been issued within thirty (30) days of the
application.
3)
A legal description of the land on which the proposed development is to
occur, by lot, block, subdivision and registered plan numbers.
4)
The applicant's name, address and interest in the land and if the applicant
is not the landowner, a letter from the landowner authorizing the applicant
to apply for a development permit.
5)
A sketch plan of the site, showing the location of the proposed development
relative to the boundaries of the site.
6)
Description of the work to be performed with respect to:
a)
change in current occupancy of land use; or
b)
description of proposed development or building operations.
7)
Identification of the scale of the development with respect to:
a)
gross floor area of the development in square metres;
b)
area of the site covered in square metres;
c)
height of the structure in metres; and
d)
number of floors or storeys.
8)
The estimated value, in dollars, of the proposed work.
9)
A site plan, at a minimum scale of 1:500, showing the following:
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a)
a directional true north arrow with the north point located in
such a manner that the true north is in the upper position of
the drawings;
b)
setbacks, separation distances and yard dimensions;
c)
the location of all buildings or structures in relation to
property lines; and
d)
dimensioned layout of existing and proposed parking areas,
driveways, entrances and exits, abutting public roadways,
median breaks and auxiliary lanes.
10)
Identification of the scale of the development with respect to the number of
dwellings, or establishments for commercial, industrial or other purposes.
11)
If required by the Designated Officer, a site plan at a minimum scale of
1:500, showing:
a)
the location of sidewalks and walkways; where applicable,
parking, loading, storage, outdoor service and display areas;
and
b)
the location of fences, screening, retaining walls, trees,
landscaping, and other physical features both existing and
proposed in the site and adjoining boulevard, if any.
12)
Floor plans at minimum scale of 1:100, indicating all uses or occupancies,
storage and garbage holding areas.
13)
Elevations and drawings, indicating sections and the bulk of buildings, at a
minimum scale of 1:100.
14)
Number of parking and loading spaces required and provided.
15)
A building location certificate, if required by the Designated Officer.
16)
A site plan and description of the proposed water supply and wastewater
management systems.
7.3
Class C Developments (Conditional Use)
In addition to two copies of the information required for Class B (Permitted
Use) developments, the applicant shall submit two copies of the following
for Class C (Conditional Use) developments:
1)
A plan showing the location of adjacent buildings and structures indicating
the approximate height and number of storeys.
2)
Excluding the Agricultural and Natural Resource Development Use
Classes, a description of the exterior finishing materials to be used.
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3)
A written statement and other supportive material explaining the proposed
development.
7.4
Sign Permits
The following information shall be submitted, in duplicate, with an
application for a development permit for a sign, and the appropriate
application form shall be fully and accurately completed:
1)
The municipal address and legal description of the land or building where
the sign is to be erected.
2)
The applicant's name, address, telephone number and interest in the land.
3)
The name of the business or development where the sign is to be erected.
4)
Whether the development where this sign is to be erected is single business
occupancy or multiple business occupancy development.
5)
A letter from the owner of the property on which the sign is to be erected, or
his/her agent, authorizing the applicant's sign development.
6)
Two sets of working drawings for the proposed sign showing:
a)
the overall dimensions of the sign, including all sign boxes
and cabinets;
b)
a description or illustration of the copy to be displayed on the
sign;
c)
the method of illumination, if any;
d)
the materials from which the sign is to be constructed; and
e)
method used to support the sign and the type of wall
construction if the sign is anchored to a building.
7)
Two sets of a sketch plan showing:
a)
the location of the sign on the building;
b)
the clearance from grade from the lowest portion of the sign;
c)
maximum extension of the sign above the building roof or
parapet wall;
d)
the distance of the maximum projection of the sign beyond
the building wall; and
e)
any sidewalks, pedestrian passageways, or public roadways
that the proposed sign will extend over.
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8.0 Development Permit Applications
8.1
General Application Submission Conditions
1)
An application for a development permit shall not be considered to have
been received until the applicant has submitted all information required
pursuant to this Section of the By-law, and any information specifically
required pursuant to the regulations of the applicable Zoning District or any
other Section of this By-law and until the applicant has paid the appropriate
fee.
2)
Despite Section 8.1(1) of this By-law, the Designated Officer may consider
an application if the development is of such a nature as to enable a decision
to be made on the application without all of the information required in this
Section of the By-law.
3)
The Designated Officer may require an applicant to submit such additional
information as he/she considers necessary to verify the compliance of the
proposed use or development with the regulations of this By-law.
4)
Despite Section 7.1(4) of this By-law, a development permit for an
accessory building cannot be issued unless a development permit for the
main building has also been issued.
5)
The approval of any application, drawings, or the issuing of a development
permit shall not prevent the Designated Officer from thereafter requiring the
correction of errors, nor from prohibiting the development being carried out
when the same is in violation of this By-law.
6)
Where an application for a development permit is determined to contain
incorrect information, no development permit shall be issued until the
applicant corrects such information.
7)
Any development permit issued on the basis of incorrect information
contained in the application shall be invalid.
8)
Unless otherwise specified in this By-law, all drawings submitted shall be
drawn on substantial standard drafting material to a scale of not less than
1:100 or such other scale as the Designated Officer may approve, and shall
be fully dimensioned, accurately figured, explicit and complete.
8.2
Special Information Requirements for Application Submissions
1)
When an application for a development permit is submitted to the
Designated Officer for the development of a site abutting a water course
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and Municipal drain, the Designated Officer may require, in consultation
with a Certified Professional Engineer of Manitoba, information regarding
the existing and proposed grades at 0.50 m. (1.64 ft.) contour intervals. The
final grades shall be to the satisfaction of the Designated Officer and in
accordance with any applicable Municipal Lot Grade By-laws.
2)
Despite anything contained herein, the Designated Officer may require a
detailed engineering study of the soil conditions prepared by a Certified
Professional Engineer of Manitoba prior to the issuance of a development
permit or the construction of any development abutting a water course and
Municipal drain. The engineering study shall contain evidence of:
a)
test borings;
b)
ground water piezometer test;
c)
slope indicators where necessary;
d)
identification of any sub-surface mining operations;
e)
river erosion analysis; and
f)
surface erosion analysis.
The detailed engineering study shall conclude with the registered
Professional Engineer certifying that the foundations proposed for the
development are designed with full knowledge of the soil conditions and
the proposed siting of the development upon this site.
3)
The Designated Officer may require the submission of a detailed
engineering study as outlined in Section 8.2 (2) of this By-law prior to the
issuance of a development permit at any location within the Municipality
which in the opinion of the Designated Officer or Certified Professional
Engineer of Manitoba has unstable soil conditions.
4)
The Designated Officer, having required a detailed engineering study of the
soil conditions may, acting on the advice of the Certified Professional
Engineer of Manitoba, apply conditions to the approval of the development
permit to prevent erosion, stabilize soil conditions and ensure proper land
drainage.
8.3
Conditions Attached to a Development Permit
1)
The Designated Officer may impose, with respect to a permitted use, such
conditions as are required to ensure compliance with this By-law.
2)
The RM of Headingley Council may, with respect to a conditional use,
impose such conditions as deemed appropriate, having regard to the
regulations of this By-law, other municipal, provincial and federal
government regulations, and matters raised at the conditional use hearing.
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3)
The RM of Headingley Council or Designated Officer may, as a condition of
issuing a development permit, require the applicant to make satisfactory
arrangements for the supply of electric power, vehicular and pedestrian
access, or any of the aforementioned, including payment of the costs of
installation or constructing any such utility or facility by the applicant.
4)
The RM of Headingley Council or Designated Officer may, as a condition of
issuing a development permit require that an applicant enter into an
agreement or an interim agreement, which shall be attached to and form
part of such development permit, to do all or any of the following:
a)
to construct, or pay for the construction of, or improvement
to, a public roadway required to give access to the
development;
b)
to specify the location and number of vehicular and
pedestrian access points to sites from public roadways,
including the construction, or payment for the construction
thereof or improvements thereto;
c)
to install, or pay for the installation of, utilities that are
necessary to serve the development, or pay the recovery
costs of services which have already been installed;
d)
to repair, improve or reinstate, or to pay for the repair,
improvement or reinstatement, of any street furniture,
curbing, sidewalk, boulevard landscaping and tree planting
which may be damaged or destroyed or otherwise harmed
by the development or building operations upon the site; and
e)
to construct, or pay for the construction of, or improvement
to, land drainage works that are necessary to serve the
development.
5)
The RM of Headingley Council or Designated Officer may require any
agreement entered into pursuant to Section 8.3 (4) of this By-law to be
caveated against the title to the site at the Land Titles Office.
9.0 Enforcement and Penalties
9.1
Offences
1)
Any owner, lessee, tenant or occupant of land, or a building or a structure
thereon, who, with respect to such land, building or structure:
a)
contravenes; or
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b)
causes, suffers or permits a contravention of, any provision
of the Act, a development permit, a development agreement
or this By-law;
commits an offence.
2)
Any contractor, worker, or other person who constructs a building or
structure, or makes an addition or alteration thereto:
a)
for which a development permit is required but has not been
issued or is not subsisting under this By-law; or
b)
in contravention of a condition of a development permit
issued under this By-law;
commits an offence.
9.2
Penalties
1)
Fines and penalties will be imposed as per the Act.
9.3
Suspension or Revocation of the Development Permit
1)
The Designated Officer may suspend or revoke a development permit
where:
a)
the applicant fails to comply with the conditions of issuance
of a permit; or
b)
any person undertakes or causes or permits any
development on a site contrary to the terms or conditions of
a permit.
2)
Any person who undertakes, or causes or permits, any development on a
site without a permit, or after a permit has been suspended or revoked, shall
discontinue such development forthwith upon notice in writing issued by the
Designated Officer so requiring, and shall not resume such development
unless a permit has been issued or the permit reinstated.
10.0 Rezoning Amendments
10.1
Text and Mapping Amendments
1)
Any person applying to amend any Part of this By-law shall apply in writing
to the Designated Officer, furnishing reasons in support of the application
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and requesting that the Designated Officer submit the application to the RM
of Headingley.
2)
If a person applies to the RM of Headingley in any manner for an
amendment to any Part of this Zoning By-law, the RM of Headingley Council
shall require him/her to submit his/her application to the Designated Officer
in accordance with the provisions of this Section of the By-law before it
considers the amendment proposed by such person.
3)
Any person applying to amend Part III of this By-law to change the Zoning
District governing any land shall apply in writing to the Designated Officer
and submit the following to the Designated Officer:
a)
a status of Title which has been issued no later than 30 days
prior to the receipt of the amendment application by the
Designated Officer;
b)
a signed letter indicating the following: the applicant's name,
signature, and address; the reasons for applying; rationale in
support of the application; and; a statement stating that
he/she is willing to pay for all costs incurred by the
Municipality in processing the proposed amendment,
whether it be enacted or not, including, but not limited to, all
mapping, printing, reproduction, planning, engineering, legal,
surveys and advertising costs; and if the applicant is not the
landowner, a letter from the landowner authorizing the
applicant to apply for a zoning by-law amendment; and
c)
the appropriate application fee.
10.2
Review and Processing of Amendments
1)
Upon receipt of an application for a rezoning amendment, the Designated
Officer shall forward the application to the RM of Headingley for review.
2)
If the RM of Headingley deems it appropriate to give the application first
reading, the Designated Officer shall then examine the proposed
amendment or undertake an investigation and analysis of the potential
impacts of development under the proposed Zoning District. The analysis
shall be based upon the full development potential of the uses and
development regulations specified in the proposed Zoning District and not
on the merits of any particular development proposal. The analysis shall,
among other things, consider the following impact criteria:
a)
relationship to and compliance with the RM of Headingley
Development Plan and Municipal Council policies;
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b)
compatibility with surrounding development in terms of land
use function and scale of development;
c)
traffic impacts;
d)
relationship to, or impacts on utility services and public
facilities such as recreational facilities and schools;
e)
relationship to Municipal land, right-of-way or easement
regulations;
f)
effect on stability, retention and rehabilitation of desirable
existing uses, buildings, or both in the area;
g)
necessity and appropriateness of the proposed Zoning
District in view of the stated intentions of the applicant;
h)
relationship to the documented concerns and opinions of
area residents regarding the application;
i)
groundwater and soil conditions; and
j)
topographical, physical and natural features.
3)
The Designated Officer may prepare a written report on the proposed
amendment and advise the applicant of the hearing date.
4)
The Designated Officer, in his/her discretion, may present for the
consideration of the RM of Headingley Council any proposed amendment
to this By-law, and the proposed amendment shall be accompanied by the
report and recommendation of the Designated Officer.
5)
The RM of Headingley in its discretion, may initiate any amendment to this
By-law, and prior to the approval of any amendment, the RM of Headingley
Council may refer the proposal to the Designated Officer for his/her report
and recommendation.
6)
Every rezoning application shall be accompanied by the required fee as set
out by the RM of Headingley.
7)
When a Development Agreement is to be entered into between the RM of
Headingley and the applicant, the applicant shall pay to the RM of
Headingley, in addition to any other fee required pursuant to this or any
other By-law, a Development Agreement fee.
10.3
Notification of Amendments
1)
Prior to consideration by the RM of Headingley of a proposed rezoning
amendment, the Designated Officer shall place a public notice in
compliance with the Act.
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11.0 Conditional Uses
1)
Where a use is classified as a conditional use and exists as an allowable
use at the date of the adoption of this By-law or amendments thereto, it shall
be considered as a legally existing conditional use.
2)
Any change in a conditional use shall be subject to the provisions of this
Section and the appropriate provisions of the Act.
3)
An owner or his/her agent may file an application to use land for a use listed
as a conditional use in this By-law.
4)
An application for approval of a conditional use shall be filed with the
Designated Officer and shall be in such form and accompanied by such
information and fees as determined by the RM of Headingley.
5)
The RM of Headingley may request the Designated Officer to prepare a
written report that identifies potential impacts. The analysis shall, among
other things, consider the following impact criteria:
a)
relationship to and compliance with the RM of Headingley
Development Plan and Council policy;
b)
compatibility with surrounding development in terms of land
use function and scale of development;
c)
traffic impacts;
d)
relationship to, or impacts on utility services and public
facilities such as recreational facilities and schools;
e)
relationship to Municipal land, right-of-way or easement
regulations;
f)
effect on stability, retention and rehabilitation of desirable
existing uses, buildings, or both in the area;
g)
relationship to the documented concerns and opinions of
area residents regarding the application;
h)
groundwater and soil conditions; and
i)
topographical, physical and natural features.
6)
Prior to consideration by the RM of Headingley of a conditional use
application, the Designated Officer shall place a public notice in compliance
with the Act.
7)
An application for a conditional use shall be processed and approved or
rejected in accordance with the Act. If warranted, the RM of Headingley
may consider imposing conditions to ensure that the proposed development
will not significantly impact the Municipality. This could include:
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a)
additional buffering measures such as increased yard
setbacks, berms and fencing;
b)
performance standards dealing with such potential impacts
as noise, odour and vibration;
c)
limiting the hours of operation;
d)
imposing design and siting regulations including
landscaping, outdoor lighting, refuse and storage areas, and
building design and architectural appearance;
e)
the owner/applicant upgrading certain municipal services
such as roads and ditches;
f)
a letter of credit related to municipal improvements such as
road or drainage works;
g)
liability insurance protecting the municipality from any future
legal claims, including environmental contamination to water
sources; or
h)
the owner/applicant entering into a development agreement
with the Municipality.
8)
The approval of the RM of Headingley shall expire and cease to have any
effect if it is not acted upon within twelve months of the date of the decision,
unless it is renewed at the discretion of RM of Headingley for one additional
period not exceeding twelve months.
9)
A conditional use approval expires if the use begins operations within three
(3) years of the date of approval but later ceases operations for three (3)
consecutive years unless otherwise specified in the terms of approval due
to special conditions.
10)
Unless otherwise provided in a Conditional Use Order, all approved
conditional uses:
a)
shall be operated in accordance with all plans and documents
submitted as part of the application; and
b)
shall comply with all other applicable provisions of this By-law.
12.0 Variation Orders
1)
Any person who is of the opinion that this By-law injuriously or adversely
affects him/her or his/her property rights, may at any time apply for a
variation order, in accordance with the provisions of the Act.
2)
An application for a variation order shall be filed with the Designated Officer,
and shall be in such form and accompanied by such information and fees
as determined by the Designated Officer or the RM of Headingley.
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3)
Prior to consideration by the RM of Headingley of a proposed variation
order, the Designated Officer shall place a public notice in compliance with
the Act. The RM of Headingley may request the Designated Officer to
prepare a written report that assesses the merits and implications of the
proposed application.
4)
An application for a variation order shall be processed and approved or
rejected in accordance with the provisions of the Act. As a condition of
approval, The RM of Headingley may require that the owner/applicant enter
into a development agreement with the RM of Headingley.
5)
The approval of the RM of Headingley shall expire and cease to have any
effect if it is not acted upon within twelve months of the date of the decision,
unless it is renewed at the discretion of the RM of Headingley for one
additional period not exceeding twelve months.
13.0 Subdivisions
1)
Subject to Section 13.0 (2) and 13.0 (3) of this By-law, no parcel of land
shall hereafter be divided into sites, unless each site conforms to the
regulations of the Zoning District in which the site is located.
2)
The RM of Headingley may, as provided in the Act, vary the regulations as
they apply to an individual site, subject to complying with the objectives and
policies of the RM of Headingley Development Plan.
3)
An existing undersized lot may be increased in area or frontage, or both,
and still remain an existing undersized lot if after the increase the lot still
remains undersized.
4)
In addition to the requirements contained herein, all subdivisions shall
conform to the provisions of the RM of Headingley Development Plan, and
the provisions of the Act, where applicable.
RURAL MUNICIPALITY OF HEADINGLEY
Page 26
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
PART II - DEFINITIONS
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 27
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
14.0 Definitions
Terms and words in this By-law as defined in the Act have the meaning
expressed therein. Other terms and words, unless the context otherwise
requires, are defined below.
14.1
General Definitions
1)
Abut or abutting means immediately continuous to or physically
touching, and when used with respect to a site, means that the site
physically touches upon another site or piece of land, and shares a
lot line or boundary line with it.
2)
Accessibility means the ability of persons with disabilities to enter
and use facilities without having to avoid significant obstacles that
are not inherent in the design of the facility.
3)
Accessory means, when used to describe a use, building or
structure, said use, building or structure is naturally or normally
incidental, subordinate, and exclusively devoted to the principal use
or building, and located on the same lot or site.
4)
Act, the means The Planning Act, being Chapter 30 of the
Continuing Consolidation of the Statutes of Manitoba, and
amendments thereto.
5)
Alteration means a change or modification to an existing building,
structure or use which, unless otherwise provided for herein, does
not increase the exterior dimensions with respect to height and area.
6)
Animal Unit (A.U.) means the number of animals of a particular
category of livestock that will excrete 73.00 kg. (160.93 lb.) of
nitrogen in a twelve month period.
7)
Applicant means a registered owner or an owner's authorized
agent, who has filed an application subject to the provisions of this
By-law.
8)
Aquifer means a water-bearing geological formation that is capable
of producing water to wells or springs in quantities that are
economically useful.
9)
Attached, when used in reference to a building, means a building
otherwise complete in itself, which is dependent for structural
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 28
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
support, or complete enclosure, upon a wall or walls shared in
common with an adjacent building or buildings.
10)
Automated Teller Machine means a device that dispenses cash
and conducts limited banking transactions for customers using a
credit card, bank card, or other similar personal banking card.
11)
Basement means the portion of a building or structure which is
wholly or partially below grade, having above grade no more than
1.83 m. (6.00 ft.) of its clean height which lies below the finished level
of the floor directly above or being a minimum depth of 1.22 m. (4.00
ft.).
12)
Bedrooms means a habitable room located within a dwelling unit
that is used primarily for sleeping.
13)
Bedroom Suites means a bedroom located within a dwelling unit
that contains washroom facilities for the exclusive use of the
occupants thereof.
14)
Blank Walls means exterior walls containing no windows, doors or
other similar openings.
15)
Buffer Strip means a strip of landscaping or vegetation used to
provide a screen between sites in order to mitigate objectionable
features between them.
16)
Building means any structure used or built for the shelter,
accommodation or enclosure of persons, animals, material or
equipment.
17)
Building Inspector means the officer or employee of the
Municipality charged with the duty of enforcing the Municipal Building
By-law and any applicable Provincial and National Building Codes or
regulations.
18)
Building Permit means a permit issued by the Municipality
authorizing the construction or alteration of all or part of any building
or structure in accordance with the applicable codes and standards.
19)
Bulk Fuel Storage Tank means a tank used for the bulk storage of
petroleum products or other flammable liquids legally stored within a
structure or establishment that is incidental to the primary use of the
site.
20)
Carport means a building, open on two sides, which is attached to
the principle dwelling for the shelter of privately owned automobiles.
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 29
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
21)
Calliper means the trunk diameter of a tree measured at a point
300.00 mm. (12.00 in.) above the top of the root ball.
22)
Commercial Rental Unit means a single commercial space
available on the market as a self-sufficient, independent unit,
equipped, zoned and intended to be used for commercial purposes.
23)
Common Element means all property within a condominium except
the condominium units.
24)
Composting means a designed and managed system to facilitate
the process of aerobic decomposition of organic matter by biological
action.
25)
Conditional Use Order means those uses of land, buildings or
structures which may be permitted in a particular Zoning District but
only at the discretion of The respective member municipal Council in
accordance with the Act.
26)
Condominium means individual ownership of a unit in a multiple unit
structure where expenses common to all parties are shared.
27)
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.
28)
Condominium Unit means a part of the land or building that is
designated as a unit by the condominium plan, and is comprised of
the space enclosed by its boundaries and all material parts of the
land within this space at the time the condominium declaration and
plan are registered.
29)
Construction or Constructed means the physical location,
erection, increase or decrease in size of any building or structure or
ground including any excavation, building, drilling, digging, alteration,
addition, extension, location, relocation, demolition, replacement
and/or development.
30)
Conversion means a change in use of land or a building or an act
done in relation to land or a building that results, or is likely to result,
in a change in the use of such land or building without involving major
structural alterations.
31)
Cultivated Land means land that is prepared and used for the
growing of crops.
32)
Curb Cutting means the cutting or lowering of a curb, sidewalk or
boulevard, or any of them, to provide a driveway for vehicular and
pedestrian access to a site.
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 30
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
33)
Density means the total number of dwelling units divided by the total
land area to be developed expressed in gross hectares/acres.
34)
Designated Officer means the Designated Officer as appointed by
the RM of Headingley Council in accordance with the Act.
35)
Development Officer means the person appointed by Council for
the RM of Headingley in accordance with the Act.
36)
Development Permit means a permit issued by the RM of
Headingley Council authorizing development, and may include a
building permit.
37)
Development Plan means the RM of Headingley Development Plan
adopted by By-law and as amended.
38)
Dugout means an earthen excavation designed to collect and store
runoff.
39)
Dwelling Unit means one or more self-contained rooms provided
with sleeping and cooking facilities, intended for domestic use, and
used or intended to be used permanently or semi-permanently as a
residence for a household.
40)
Dwelling Unit Area means the total floor area of the dwelling unit
contained within the outside surface of the exterior walls. This
calculation shall exclude basement or other areas that are below-
grade.
41)
Elevation, Lot Grade means either the elevation of the finished
ground surface at any specific reference point, at any point on the
slope between two specific reference points on a lot, or a
combination thereof.
42)
Enlargement means the addition to the floor area of an existing
building or structure, or an increase in that portion of land occupied
by an existing use.
43)
Extension means an increase in the amount of floor area used for
an existing use, within an existing building.
44)
Environmental Impact Statement means a study prepared in
accordance with established procedures to identify and assess the
impacts of development on a specified feature or system.
45)
Farm Building/Structure means a building or structure which does
not contain a residential occupancy and which is (a) associated with
and located on land devoted to the practice of farming and (b) used
essentially for the housing of equipment or livestock, or the
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 31
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
production, storage or processing of agricultural and horticultural
produce or feeds, such as barns, produce storage buildings, milking
centres, piggeries, poultry houses, grain bins, silos, machinery
sheds, farm workshops, feed preparation centres, manure storages,
greenhouses and garages not attached to a farm residence and (c)
has a Low Human Occupancy (as applying to farm buildings) means
an occupancy having an occupant load of not more than 1 person
per 40 square meters during normal use)
46)
Family means one or more persons related by blood or marriage or
common law marriage, or group of not more than four persons who
may not be related by blood or marriage occupying a dwelling unit
and living together as a single housekeeping unit.
47)
Flood means a temporary rise in stream flows or water levels due to
any source or cause that results in inundation of the areas adjacent
to the watercourse or water body.
48)
Floodplain means the area adjoining a river or stream which has
been or may be covered by flood water.
49)
Flood Proofed means the measures taken to ensure that a structure
or building is safe from the effects of flooding and includes: no
openings of any kind such as windows, doors and vents, or electrical
meeting equipment etc. shall be permitted below the flood datums.
50)
Flood Risk Area means that land adjacent to a watercourse that is
divided into two parts: the floodway and the floodway fringe. The
floodway includes the area where the majority of floodwaters pass.
The floodway fringe includes the area outside the floodway that may
be subjected to periodic flooding or inundation of floodwaters.
51)
Floor Area Ratio means the numerical value of the gross floor area
of the building or structure located upon the building site, excluding:
a)
basement areas used exclusively for storage or
service to the building;
b)
parking areas below grade, and
c)
floor areas devoted exclusively to mechanical or
electrical equipment servicing the development,
divided by the area of the site.
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 32
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
52)
Frontage means all that portion of a site fronting on a street and
measured between side lot lines.
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 33
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
M.D.S.Development Ltd.
R.G.Gotini
Lane
M.D.S. Ltd.
W.G.Martinski
Lane
J.Doe
City
Property
53)
Fuel Tank Storage means a tank for the bulk storage of petroleum
products or other inflammable liquids which are being legally kept in
a retail store or storage tank which is incidental to the primary use of
the premises.
54)
Garage means an accessory building, or part of a principal building
designed and used primarily for the storage of motor vehicles and
includes a carport.
55)
Grade, Building Lot means the lot grade elevation of the finished
ground surface immediately adjacent to the foundation of a building.
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 34
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
56)
Groundwater means water below the surface of the ground.
57)
Habitable Room means any room in a dwelling other than a non-
habitable room.
58)
Height means the vertical distance between the average grade and
highest point of a building that is not: a roof stairway entrance,
ventilating fan, skylight, steeple, chimney, smoke stack, fire wall,
parapet wall, flagpole, or other similar device that is not structurally
essential to the building.
59)
Household means one person or two or more persons voluntarily
associated, plus any dependents, living together as an independent,
self-governing single housekeeping unit.
60)
Institution means a building or part of a building used for a non-
commercial purpose by an organized body or society for promoting
a particular object or cause, but does not include Private Clubs.
61)
Landscaping means any combination of trees, shrubs, flowers,
grass or other horticultural elements, decorative stonework, paving,
screening or other architectural elements, all of which are designed
to enhance the visual amenity of a site or to provide a screen
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 35
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
between sites in order to mitigate objectionable features between
them.
62)
Lane means a street not over 10.06 m. (33.00 ft.) in width.
63)
Livestock means animals or poultry not kept exclusively as pets,
excluding bees.
64)
Loading Space means an off-street space or berth on the same site
with a building, or contiguous with a group of buildings, for the
temporary parking of a commercial vehicle while loading or
unloading merchandize or materials, and which abuts upon a street,
lane or other appropriate means of access.
65)
Lot, Corner means a lot located at the intersection of two public
roadways, the interior angle of such intersection not exceeding
135.00 degrees.
66)
Lot, Double Fronting means a lot which abuts two public roadways,
which are parallel or nearly parallel in the vicinity of the lot.
67)
Lot, Flag means a lot so shaped and designed that the main building
site is set
back from the street on which it fronts and includes an
access strip connecting the
main
building
site
with
the
frontage street.
68)
Lot, Interior means any lot other than a corner lot or through lot.
69)
Lot, Reverse Corner means a corner lot, the flanking street lot line
of which is a continuation of the front lot line of the first lot to its rear.
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 36
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
70)
Lot, Through means a lot having a pair of opposite lot lines along
two streets. On a through lot, both street lines shall be deemed front
lot lines.
71)
Lot Line, Front means the property line a lot abutting public roadway
other than a lane. In the case of a corner lot, the front lot line is the
shorter of the lot lines abutting a public roadway.
72)
Lot Line, Rear means either the lot line which is furthest from and
opposite the front lot line, or, where there is no such lot line, the point
of intersection of any side lot lines which is furthest from and opposite
the front lot line.
73)
Lot Line, Side means the property line of a lot other than a front lot
line or rear lot line.
Corner
Lot
Interior
Lot
Corner
Lot
Interior
Lot
Interior
Lot
Flag
Lot
Through
Lot
Interior
Lot
Irregular
Shaped
Lot
Irregular
Shaped
Lot
Street
Street
Street
Street
Street
Reverse
Corner
Lot
Interior
Lot
Corner
Lot
Interior
Lot
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 37
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
Street
74)
Manufactured Home Dwelling means a factory built dwelling unit
certified prior to the placement on the lot as having been built as a
modular home in accordance with Canadian Standards Association
(CSA) building regulations and the National Building Code, being
placed on a permanent foundation, having its chassis or frame
permanently removed, and arriving at the lot ready for occupancy
apart from incidental operations and connections.
75)
Modular Home Dwelling means a building assembly or system of
building sub-assemblies manufactured in its entirety, or in substantial
part, off-site and transported to the point of use for installation on-
site, with or without other specified components, as a finished
building or as part of a finished building in accordance with CSA
building regulations and the National Building Code. Modular homes
need not have electrical, plumbing, heating, ventilation, insulation or
other service systems, but when such systems are installed at the
off-site manufacture or assembly point, they shall be deemed a part
of such building or system of building assemblies. Modular homes
do not include open frame construction which can be completely
inspected on-site.
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 38
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
76)
Motor Home means a certified and licensed vehicular structure, as
defined in The Highway Traffic Act that is used as temporary
accommodation for recreational purposes and being independent of
Municipal sewer, water and electrical services.
77)
Municipal Engineer means the Municipal Engineer as appointed by
the Council for the RM of Headingley.
78)
Municipality means the Municipal Corporation of the RM of
Headingley.
79)
Non-Habitable Room means a space in a dwelling unit providing a
service function and not intended primarily for human occupancy,
including bathrooms, entryways, corridors, or storage areas.
80)
Nuisance means anything that interferes with the use or enjoyment
of property, endangers personal health or safety, or is offensive to
the senses.
81)
Occupancy Permit means permission or authorization issued in
writing pursuant to applicable zoning regulations, to occupy any
building or part thereof, in the RM of Headingley.
82)
Offensive or objectionable means, when used with reference to
signage, lighting or a development, a use which by its nature, or from
the manner of carrying on the same, creates or is liable to create by
reason of noise; vibration; smoke; dust or other particulate matter;
odour; toxic or non-toxic matter; radiation hazards; fire or explosive
hazards; heat; glare; unsightly storage of goods, materials, salvage,
junk, waste or other materials, a condition which in the opinion of the
respective member municipal Council may be or become hazardous
or injurious with regards to health or safety, or which adversely
affects the amenities of the neighbourhood, or interferes with or may
interfere with the normal peaceful enjoyment of any land, building or
structure.
83)
Off-Road Vehicle means any wheeled or tracked motor vehicle
designed or adapted for cross-country travel on land, water, ice,
snow, marsh or swamp land or other natural terrain, and includes
motorcycles, all-terrain vehicles, mini-bikes, dirt-bikes and trail-bikes,
dune or sport buggies, snowmobiles, and amphibious vehicles.
84)
Oriel Windows means a type of bay or bow window that projects out
from an upper storey of a dwelling unit.
85)
Outdoor Storage means the storage of merchandise, goods,
inventory, materials or equipment or other items that are not intended
for immediate sale, by locating them outside.
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 39
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
86)
Owner means a person who is owner of a freehold estate in the
Municipality and includes a person who is an owner jointly with
another person, and a person who is registered under The
Condominium Act as the owner, as defined in that Act, of a unit under
that Act.
87)
Parcel of Land means the aggregate of all land described in any
manner in the certificate of title.
88)
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.
89)
Passenger Vehicle means a motor vehicle that is designed,
constructed or adapted for the principal purpose of transporting
passengers, but excludes off-road, motor home, trailer, travel trailer
and truck vehicles.
90)
Performance Standard means a standard to control noise, odour,
smoke, toxic or noxious matter, vibration, fire and explosive hazards
or glare or heat generated by, or inherent in, uses of land or
buildings.
91)
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 the application having been made, if the use meets all the
requirements of this by-law.
92)
Pollution means the presence of foreign substances that adversely
affect the natural constituents of the air, water or soil.
93)
Private Pool means an artificially constructed basin, lined with
concrete, fibreglass, vinyl or like material, that is capable of
containing a water depth greater 60.00 cm. (24.00 in.) and that is
located on the property of a single family dwelling.
94)
Ready-To-Move Dwelling means a method of constructing a
dwelling unit whereby all of its component parts have been
assembled in an off-site manufacturing facility and the National
Building Code and transported to a site where it is anchored to a
permanent foundation.
95)
Repair means the renewal or reconstruction of any part of an existing
structure for the purpose of its maintenance or restoration.
96)
Separation Distance means a distance to be maintained between
two uses, measured from the nearest points of any structure or areas
upon which the uses are located.
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 40
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
97)
Separation Space means open space around dwellings separating
them from adjacent buildings or activities, and providing daylight,
ventilation, and privacy.
98)
Setback means the distance that a development or a specified
portion of it must be set back from a lot line.
99)
Site means an area of land consisting of one or more abutting lots.
100) Site Coverage means the combined area of all buildings or
structures on the site as a percentage of the site area, measured at
the level of the lowest storey above the grade, including all enclosed
and insulated decks, sunrooms, porches and verandas, but
excluding seasonal non-insulated structures, open or covered, such
as decks, screened porches or verandas, patios at grade, steps,
uncovered walks, wheelchair ramps, cornices, eaves and similar
projections.
101) Site Depth means the average horizontal distance between the front
and rear lot lines of the site.
BAY
STREET
102) Site Plan means a map or series of maps drawn to scale showing
some or all of the following information: proposed and existing
buildings, structures, alterations and additions, roads, walkways,
landscaping, parking areas, stacking spaces, loading spaces,
vegetation, buffer strips, elevations, areas to be raised by fill, grade
level, physical features of the site and other relevant information as
may be required by the Designated Officer or the respective member
municipal Council for any proposed development.
103) Site Width means the horizontal distance between the side lot lines
of a site, measured at right angles to the site depth at a point midway
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 41
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
between the front and rear lot lines, or at 15.24 m. (50.00 ft.) from
the front lot line, and the lesser of these distances is the site width.
STREET
LANE
104) Sleeping Unit means a habitable room, or a group of two or more
habitable rooms, not equipped with self-contained cooking facilities,
providing accommodation for not more than two persons.
105) Solar Collector means an accessory structure intended to primarily
serve the electrical needs of the on-site user rather than to produce
power for resale.
106) Stacking Space means an on-site queuing area for a passenger
vehicle that is separated from other vehicular traffic and pedestrian
circulation by barriers, markings or signs.
107) Storey means that portion of a building which is situated between
the top of any floor and the top of the floor next above it. If there is
no floor above, the storey is the portion of the building which is
situated between the top of any floor and the ceiling above it. If the
top of the floor directly above a basement is more than 1.83 m. (6.00
ft.) above grade, such basement shall be considered a storey for the
purpose of this By-law.
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 42
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
108) Storey, Half means a storey under a gable, hip, or gambrel roof, the
wall plates of which, on at least two opposite walls, are not more than
0.66 m. (2.17 ft.) above the floor of such storey.
109) Street means a public roadway having a right-of-way at least 10.06
m. (33.00 ft.) in width that affords the principal means of access to
abutting land.
110) Structure means anything that is erected, built or constructed of
parts joined together or any such erection fixed to or supported by
the soil or by any other structure.
111) Surface Water means any body of flowing or standing water,
whether naturally or artificially created, including but not limited to a
lake, river, creek, spring, drainage ditch, roadside ditch, reservoir,
swamp, wetland and marsh, including ice on any of them, but not
including a dugout on the property of an agricultural operation.
112) Temporary Buildings and Uses means an incidental use, building
or structure for which a development permit has been issued for a
limited time only.
113) Traffic Generation means the volume of vehicular traffic generated
over a prescribed area within a prescribed time frame, which can be
directly attributed to a particular development or geographic area.
114) Trailer means a vehicle designed for carrying chattels, and for being
towed by a motor vehicle.
115) Travel Trailer means a certified and licensed portable vehicle
designed for carrying persons as temporary accommodation for
recreational purposes that is towed by a motor vehicle.
116) Truck means a motor vehicle that is constructed or adapted to carry
goods, wares, merchandise, freight or commodities, but not
passengers.
117) Use means the purpose or activity for which a piece of land or its
buildings are designed, arranged, developed or intended, or for
which it is occupied or maintained.
118) Variation Order means the altering of any of the regulations found
in this By-law in accordance with the Act.
119) Watercourse means the channel in or bed on which surface water
flows or stands, whether continuously or intermittently, but does not
include a dugout, reservoir, intermittent slough, drainage ditch or
intermittent stream that is completely surrounded by private land
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 43
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
controlled by the owner or operator of an agricultural operation and
that has no outflow going beyond the private land.
120) Yard means required open space that is unoccupied by any building
or structure and unobstructed from its lowest level to the sky, unless
otherwise permitted in this By-law.
121) Yard, Front means a yard extending all the full length of the front lot
line between the side lot lines. All front yard regulations found in this
By-law shall be measured from the front lot line.
122) Yard, Rear means a yard extending along the full length of the rear
lot line from the front yard to the rear yard.
123) Yard, Side means a yard extending along the side lot line from the
front yard to the rear yard.
c
b
a
Side Yard
Rear Yard
c
b
a
Street
c
124) Zoning District means a Section contained in Part II of this By-law
which regulates the use and development of land as depicted on the
Zoning District Map comprising Part IV of this By-law.
125) Zoning Lot means a parcel of land that abuts a public street or an
unimproved street that is to be improved as a public street to serve
that lot pursuant to an agreement with the Municipality.
PART II
DEFINITIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 44
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
14.2
Sign Definitions
Terms and works used in this By-law regarding the regulations of signs,
unless the context otherwise requires, are defined as follows:
1)
Abandoned Sign means any sign which no longer correctly identifies a
business or the products and services offered on the site where the sign is
located, or any sign which is not in a readable state.
2)
Animated Sign means any sign or portion of a sign having moving parts
or electronically controlled colour changes which depict action or give
motion to the sign.
3)
Awning Sign means a non-illuminated sign painted or stencilled on the
fabric surface of a shelter supported entirely from the exterior wall of a
building and designed to be collapsible, retractable or capable of being
folded against the wall or supporting building.
4)
Business Identification Sign means a sign identifying the name, dealer,
franchise, association, primary function, product or service of the
commercial activity conducted on the premises, and may include local
advertising and changeable copy.
Sandwich or
Folding Sign
BILLBOARD
5)
Canopy Sign means a sign attached to, or forming part of, a permanent
building projecting or fixed structural framework which extends outward
from the exterior wall of a building and which may be roofed over or
covered to provide protection over the entrance to a building.
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6)
Copy means the letters, graphics or characters which make up the
message on sign face.
7)
Copy Area means the total area within one or more rectangles which
enclose the entire limits of the copy.
8)
Directional Sign means on-premise or off-site signs providing direction
to pedestrian or vehicular traffic without advertising copy, except a
business logogram.
9)
Electric Sign means any sign containing electrical wiring or lights built
into the sign face which are intended for connection to an electrical
energy source.
10)
Fascia Sign means any sign painted on or attached to an exterior building
wall so that the sign does not extend more than 40.00 cm. (15.75 in.) out
from the wall or beyond the horizontal limits of the wall.
11)
Free Standing Sign means any sign supported independently of a
building and permanently fixed to the ground.
12)
Height (sign) means the vertical distance measured from the finished
ground surface directly under the sign to the highest point of the sign.
13)
Identification Sign means a sign which contains only the name and
address of a building, institution or person and the activity carried on in
the building or institution, but does not include any other advertising
copy.
14)
Illuminated Sign means any sign having only steady illumination of the
same intensity by artificial means, either from lighting directed on the
sign face or from a light source located within the sign which is
transmitted through a transparent or translucent sign face.
15)
Mural Sign means a non-illuminated sign painted on the exterior wall of
a building which enhances the visual appearance of the building and does
not include business identification or general advertising.
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ROOF SIGN
SIGN
PROJECT
S
I
G
N
ING - PROJECTING -
PROJECT
ING - PROJECTING -
GRO
UND
SIGN
Wall
Fascia
16)
Official Sign means a sign required by, or erected pursuant to, the
provisions of Federal, Provincial or Municipal legislation.
17)
Portable (or Mobile) Sign means a sign greater than 0.50sm (5.38sq. ft.)
in area that is mounted on a stand or other support structure other than a
stationary trailer and is designed in such a manner than the sign can
readily be relocated to provide advertising at another location or readily
taken on and off a site, and may include copy that can be changed
manually through the use of attachable characters, message panels or
other means.
18)
Projecting Sign means any sign, except a canopy sign, which is
supported by an exterior building wall and projects outward from the
building wall by more than 40.00 cm. (15.75 in.).
19)
Reader Board Sign means a sign or a component of a sign on which the
copy can be changed by either manual or electronic means.
20)
Real Estate Sign means a sign displaying real estate copy for the purpose
of buying or selling real estate.
21)
Roof Sign means any sign erected upon, against, or above a roof, or on
top of or above, the parapet of a building.
22)
Sign means any visual medium, including its structure and other
component parts, illuminated or not illuminated, which is used or capable
of being used, on a permanent or temporary basis, to identify or convey
information, or to advertise or attract attention to a product, service, place,
activity, person, institution or business. Without limiting the generality of
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the foregoing, signs shall include banners, placards, and painted
messages.
23)
Sign Alteration means any modification of a sign or supporting structure,
excluding the routine maintenance or repainting of a sign or changing the
copy on signs specifically designed for this purpose.
24)
Sign Area means the entire area of the sign on which copy is intended to
be placed. In the case of double-faced or multi-faced sign, only half of
the area of each face of the sign used to display advertising copy shall be
used in calculating the total sign area.
25)
Sign Structure means any structure which supports a sign, including
materials used to conceal or improve the visual appearance of the
structural parts.
26)
Temporary Sign means a sign which is not permanently anchored to a
footing extending below grade or permanently affixed to, or painted on, a
building and on which the copy has been painted or affixed in a
permanent manner. The copy on the sign shall relate to an activity, use or
event of limited time duration not exceeding six months. Temporary signs
include such signs as political campaign signs, real estate signs,
construction identification signs, signs identifying seasonal businesses,
signs advertising specific community events, and signs providing
temporary identification for developments awaiting installation of a
permanent sign. For the purpose of this By-law, temporary signs shall
include sandwich and folding signs but not portable signs.
27)
Warning Sign means an on-premise sign providing a warning to the
public, including such signs as No Trespassing or Private Driveway signs.
14.3
Use Class Definitions
A Use Class groups a series of individual land Uses with common functional
or physical impact characteristics. The Use Classes of this Section are used
to define the range of uses which are permitted or conditional within the
various Zoning Districts of this By-law. The typical uses which may be listed
in the definitions are not intended to be exclusive or restrictive. Reference
should be made to the definition of the Use Class in determining whether or
not a use is included within a particular Use Class.
Where a specific use does not conform to the wording of any Use definition
or generally conforms to the wording of two or more use definitions in
different Use Classes, the Designated Officer may deem that the use
conforms to and is included in that Use Class which he/she considers to be
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the most appropriate in character and purpose. In such a case, this use
shall be considered a conditional use, whether or not the Use is listed as
either a permitted use or conditional use within the applicable Zoning
District.
14.3.1 Agricultural Use Class
1)
Agri-Business means a commercial establishment that provides
goods or services to the agricultural sector. Typical uses include
farm equipment and machinery repair shops, bulk fuel stations,
feed and fertilizer supply operations, livestock auction marts and
commercial seed cleaning plants.
2)
Agricultural Activities means a use of land for agricultural
purposes. Typical uses include farming, pasturage, agriculture,
apiculture, aquaculture, floriculture and horticulture. This Use does
not include Livestock Operations or Natural Resource
Developments.
3)
Agricultural Crop Protection Warehouse means a facility used
to store, blend and/or distribute chemicals used for crop protection
and production. Products can include herbicides, insecticides,
fungicides, rodenticide, and fertilizers. This Use does not include
Anhydrous Ammonia Facilities.
4)
Agricultural Implement Sales and Service means a building and
open space area used for display, sale and rental of new or used
farm implements that includes repair work.
5)
Agricultural Product Storage means the temporary storage of
any agricultural product for future use, delivery or processing as
per The Environment Act.
6)
Agriculture Support Industry means an industry, commercial
service or retail business in which the major product or service
being bought, sold or processed is intended mainly for, from or by
farmers. Typical uses include aerial spraying companies, grain
storage including grain elevators, feed mills and seed plants. This
Use does not include Bulk Storage Facilities or Anhydrous
Ammonia Facilities.
7)
Equestrian Establishment means a facility engaged in the
training of horses or the operation of a horse riding academy or
horse riding stables.
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8)
Farm Produce Outlet means a building or structure where farm
produce is sold in season.
9)
Farmstead Dwelling means any dwelling unit which is accessory
to a farm operation and is on a parcel of land that includes
associated agricultural buildings.
10)
Grain Handling Facilities means a structure which is designed to
storeand process any type of grain.
11)
Livestock Operation means a permanent or semi-permanent
facility or non-grazing area where livestock producing at least
10.00 Animal Units are kept or raised, either indoors or outdoors,
and includes all associated manure collection facilities, but does
not include:
a)
an operation for the slaughter or processing of
livestock;
b)
an operation for the grading or packing of livestock or
livestock products;
c)
an operation for transporting livestock or livestock
products;
d)
a livestock auction mart;
e)
an agricultural fair; and
f)
a livestock sales yard where livestock are kept no
longer than three days.
12)
Residential Related Farm means a development for small scale,
non-commercial agricultural pursuits ancillary to rural residential
uses. This use shall be developed so as not unduly interfere with
the general enjoyment of adjacent property. Animals shall be kept
for the use or enjoyment of the householder only.
13)
Specialized Agriculture means the use of land for apiculture,
floriculture, horticulture including market gardening, orchards and
tree farming, and similar agricultural activities on a commercial
basis.
14)
Vacation Farm Operation means an accessory development to a
farm operation that provides temporary accommodations with or
without meals to members of the travelling public for remuneration.
This Use includes Tourist Campsites, Lodges and sites for motor
homes or travel trailers.
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14.3.2 Commercial Use Class
1)
Aircraft Landing Field means any area of land or water that is
used or intended for a use for the landing or taking off of aircraft
and any appurtenant areas which are used or intended for use for
airport buildings or other airport facilities, including taxiways,
aircraft storage and hangars.
2)
Airport and Associated Facilities means land or water which is
used or intended for the landing or take-off of aircraft and any
associated areas which are used or intended for use for airport
buildings or other airport facilities or right-of-ways including taxi-
ways, aircraft storage and hangers.
3)
Amusement Establishment means a facility within any building,
room or area having table games or electronic games played by
patrons for entertainment. This Use includes arcades but does not
include Carnivals or Indoor Participant Recreation Services.
4)
Animal Shelter and Veterinary Service means a development
used for the care and treatment of animals where the veterinary
services primarily involve outpatient care and minor medical
procedures. This Use includes pet clinics and veterinary offices.
5)
Auctioneering Establishment means a development specifically
intended for the auctioning of goods and equipment, including
temporary storage of such goods and equipment.
6)
Automotive and Equipment Repair Shop means a development
used for the servicing and mechanical repair of automobiles,
motorcycles, snowmobiles and similar vehicles or the sale,
installation or servicing of related accessories and parts. This Use
includes transmission shops, muffler shops, tire shops, automotive
glass shops, and upholstery shops, but does not include body
repair and paint shops.
7)
Automotive and Recreational Vehicle Sales means the retail
sale or rental of new or used automobiles, motorcycles,
snowmobiles, tent trailers, utility trailers, boats, travel trailers or
similar light recreational vehicles or crafts, together with incidental
maintenance services and sale of parts. This Use includes
automobile dealerships, car rental agencies and motorcycle
dealerships.
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8)
Broadcasting and Motion Picture Studio means a development
used for the production or broadcasting of audio and visual
programming typically associated with radio, television and motion
picture studios.
9)
Building Material Sales means a development used for the
wholesale or retail sale of goods related to the construction of
buildings.
10)
Business Support Service means a development used to provide
support services to businesses which are characterized by one or
more of the following features: the use of minor mechanical
equipment for printing, duplicating, binding or photographic
processing, the provision of office maintenance or custodial
services, the provision of office security, and the sale, rental, repair
or servicing of office equipment, furniture and machines. Typical
uses include printing establishments, film processing
establishments, janitorial firms and office equipment sales and
repair establishments.
11)
Car Broker means a development used for the retail purchase and
sale of used passenger vehicles from a single detached dwelling
unit. The Use does not include Automotive and Equipment Repair
Shops, Automotive and Recreational Vehicle Sales and/or
Convenience Vehicle Rentals.
12)
Carnival means a temporary use of land, buildings or structures
for the purpose of providing or locating facilities for commercial
entertainment and participatory amusement activities, including
games and rides, and includes circuses and midways.
13)
Commercial Mall means a building or group of buildings held in
single ownership or by participants in a condominium corporation
or cooperative, and divided into units for separate occupancy by
different commercial uses for which common loading and parking
facilities and other common services that may or may not be
provided.
14)
Commercial Resort means a commercial recreation
establishment which may consist of one or more buildings
containing single or multiple family dwelling units, recreational
facilities and service facilities which are used on an intermittent and
seasonal basis. Other facilities which may be part of the resort
development includes: a camping and tenting ground, a hotel, a
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retail store, an eating and drinking establishment, a marina, a golf
course and other outdoor recreation game courts, areas and trails.
15)
Commercial School means a development used for training and
instruction in a specific trade, skill or service for the financial gain
of the individual or company owning the school. Typical uses
include secretarial, business, hairdressing, beauty culture, dancing
or music schools.
16)
Contractor Service, General means a development used for the
provision of building construction, landscaping, concrete, electrical,
excavation, drilling, heating, plumbing, paving, road construction,
sewer or similar services of a construction nature which require on-
site storage space for materials, construction equipment or
vehicles normally associated with the contractor service. Any
sales, display, office or technical support service areas shall be
accessory to the principal Contractor Services Use only.
17)
Contractor Service, Limited means a development used for the
provision of electrical, plumbing, heating, painting and similar
contractor services primarily to individual households and the
accessory sale of goods normally associated with the contractor
services where all materials are kept within an enclosed building,
there are no accessory manufacturing activities, and no more than
two service vehicles.
18)
Convenience Vehicle Rentals means a development used for the
rental of new or used automobiles, light trucks and utility trailers.
This Use includes those establishments which are not strictly office
in nature, but include, as an integral part of the operation, minor
vehicle servicing, storing, fuelling or car washing facilities.
19)
Custom Manufacturing Establishment means a development
used for small-scale on-site production of goods.
20)
Drive-In Food Service means a development used for eating and
drinking which offer a limited menu produced in a manner that
allows rapid customer service and include one or more of the
following features: car attendant services; drive-through food
pickup services; or parking primarily intended for the on-site
consumption of food within a motor vehicle.
21)
Eating and Drinking Establishment means the sale to the public
of prepared foods, for consumption within the premises or off the
site. This includes licensed drinking establishments, restaurants,
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cafes, delicatessens, tearooms, banquet catering, lunchrooms, and
take-out restaurants. This Use does not include drive-in food
services which provide services to customers who remain in their
vehicles, refreshment stands, take-out windows where service is
provided to customers on the outside, or mobile catering food
services.
22)
Equipment Rentals and Sales means a development used for the
rental or sale of tools, appliances, recreation craft, office machines,
furniture, light construction equipment, or similar items.
23)
Fleet Service means a development using a fleet of vehicles for
the delivery of people, goods or services, where such vehicles are
not available for sale or long-term lease. This Use includes
ambulance services, taxi services, bus line, messenger and courier
services.
24)
Funeral Service means a development used for the preparation of
the dead for burial or cremation, and the holding of funeral
services. This Use includes funeral homes, undertaking
establishments and includes cremation and interment services.
25)
Gas Bar means a development used for the retail sale of gasoline,
other petroleum products, and incidental auto accessories. This
Use does not include Service Stations.
26)
Greenhouse, Plant and Tree Nursery means a development
used primarily for the raising, storage and sale of bedding,
household and ornamental plants.
27)
Health Service means a development used for the provision of
physical and mental health services on an outpatient basis.
Services may be of a preventive, diagnostic, treatment,
therapeutic, rehabilitative or counselling nature. Typical uses
include medical and dental offices, health clinics and counselling
services.
28)
Hotel means a development used for the provision of rooms or
suites for temporary sleeping accommodation where the rooms
have access from a common interior corridor and are not equipped
with individual kitchen facilities. Hotels may include accessory
Eating and Drinking Establishments, meeting rooms and Personal
Services Shops.
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29)
Household Repair Service means a development used for the
provision of repair services to goods, equipment and appliances
normally found within a dwelling unit. This Use includes radio,
television and appliance repair shops, furniture refinishing and
upholstery shops.
30)
Mini-Warehouse and Self-Storage means an enclosed facility
that provides storage space to the general public on a for-hire
basis. No other business or service may be allowed to operate out
of a rented storage space.
31)
Mobile Catering Food Service means a development using a
fleet of vehicles for the delivery and sale of food to the public.
32)
Motel means a development used for the provision of rooms or
suites for temporary lodging or light housekeeping, where each
room or suite has its own exterior access. Motels may include
accessory Eating and Drinking Establishments and Personal
Service Shops.
33)
New Vehicle Storage means the storage of new automobiles.
34)
Non-Accessory Commuter Parking means a development
providing vehicular parking which is not primarily intended for the
use of residents, employees or clients of a particular development.
Typical uses include surface parking lots and park and ride
facilities.
35)
Outdoor Amusement Establishment means a permanent
development providing facilities for entertainment and amusement
activities which primarily take place out-of-doors and where
patrons are primarily participants. Typical uses include
amusement parks, go-cart tracks and miniature golf
establishments.
36)
Personal Service Shop means a development used for the
provision of personal services to an individual which are related to
the care and appearance of the body, or the cleaning and repair of
personal effects. This Use includes barbershops, hairdressers,
beauty salons, tailors, dressmakers, shoe repair shops, dry
cleaning establishments and laundromats.
37)
Pet Cemetery means a development of a parcel of land for the
burial of household pets as determined by the Designated Officer.
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38)
Pet Daycare means a development that provides daytime care
and feeding for domestic animals including cats and dogs without
any overnight accommodation.
39)
Pet Grooming means a development used for grooming and
enhancing of the appearance of domestic animals including cats
and dogs. This also includes the sale of pet grooming products and
supplies.
40)
Private Club means a development used for the meeting, social or
recreational activities of members of a non-profit philanthropic,
social service, athletic, business or fraternal organization, without
on-site residences. Private Clubs may include rooms for eating,
drinking and assembly.
41)
Professional, Financial and Office Support Service means a
development primarily used for the provision of professional,
management, administrative, consulting, and financial services.
Typical uses include the offices of lawyers, accountants,
engineers, and architects; offices for real estate and insurance
firms; clerical, secretarial, employment, telephone answering, and
similar office support services; and banks, credit unions, loan
offices and similar financial uses.
42)
Rapid Drive-Through Vehicle Service means a development
providing rapid cleaning, lubrication, maintenance or repair
services to motor vehicles, where the customer typically remains
within his vehicle or waits on the premises. Typical uses include
automatic or coin operated car washes, rapid lubrication shops, or
speciality repair establishments.
43)
Recycling Depot means a development used for the buying and
temporary storage of bottles, cans, newspapers and similar
household goods for reuse where all storage is contained within an
enclosed building. This does not include auto wreckers.
44)
Retail Store, Convenience means a development used for the
retail sale of those goods required by area residents or employees
on a day-to-day basis, from business premises which do not
exceed 275.00sm (2,960.17sq. ft.) in gross floor area. Typical
uses include small food stores, drug stores, and variety stores,
selling confectionary, tobacco, groceries, beverages,
pharmaceutical and personal care items, hardware or printed
matter.
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45)
Retail Store, General means a development used for the retail
sale of groceries, beverages, household goods, furniture and
appliances, hardware, printed matter, confectionary, tobacco,
pharmaceutical and personal care items, automotive parts and
accessories, office equipment, stationary and similar goods from
within an enclosed building. Minor public services, such as postal
services and film processing depots are permitted within general
retail stores. This Use includes Convenience Retail Stores but
does not include developments used for the sale of gasoline,
heavy agricultural or industrial equipment, pawn shops, massage
parlours, adult entertainment establishments or adult video rental
or sales stores.
46)
Service Station means the servicing, washing and repairing of
vehicles; and the sale of gasoline, other petroleum products and a
limited range of vehicle parts and accessories. Service Stations
may include Eating and Drinking Establishments. Typical uses
include truck stops and highway service stations.
47)
Small Animal Breeding and Boarding Establishment means a
development used for the breeding, boarding or training of small
animals normally considered as household pets. Typical uses are
kennels and pet boarding establishments.
48)
Spectator Entertainment Establishment means a development
providing facilities within an enclosed building specifically intended
for live theatrical, musical or dance performances; or the showing
of motion pictures. Typical uses include auditoria, cinemas, and
theatres.
49)
Storage, General means a development used exclusively for the
indoor or outdoor storage of goods, materials and merchandise.
50)
Tourist Campsite means a development of land which has been
planned and improved for the seasonal short term use of motor
homes, tents, campers and similar recreational vehicles and is not
used as year round storage, or accommodation for residential use.
Typical uses include recreational vehicle parks, campsites and
tenting grounds.
51)
Truck and Mobile Home Sales and/or Rentals means a
development used for the sale or rental of new or used trucks,
motorhomes, mobile homes, and automobiles, together with
incidental maintenance services and the sale of parts and
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accessories. Typical uses include truck dealerships, recreation
vehicle sales and mobile home dealerships.
52)
Trucking Operation means the use of land, buildings or structures
for the purpose of storing, repairing, servicing or loading trucks,
transportation trailers and/or buses.
53)
Truck Stop means a development located on a major
transportation route designed to service both the trucking industry
and the general public that includes but is not limited to large
vehicle parking, automotive repair, eating and drinking areas, gas
bar, retail sales, and service station as accessory uses, and may
also include a range of services to accommodate the trucking
industry such as bathroom, shower and rest facilities.
54)
Warehouse Sales means a development used for the wholesale
or retail sale of bulky goods primarily within an enclosed building
with limited outdoor storage where the size and nature of the
principal goods being sold typically require large floor areas for
direct display to the purchaser or consumer. This use includes
developments where principal goods being sold are such bulky
items as furniture, carpet, major appliances and building materials.
14.3.3 Community Services Use Class
1)
Cemetery means a development of a parcel of land, primarily a
landscaped open space for the entombment of the deceased, and
may include the following accessory developments: crematories,
cinerarium, columbarium, and mausoleums. Typical uses include
memorial parks, burial grounds and gardens of remembrance.
2)
Child Care Service means a development licensed by the
Province of Manitoba to provide daytime personal care and
education to children, but does not include overnight
accommodation. Typical uses include day care centres, day
nurseries, kindergartens, nursery schools and play schools.
3)
Community Recreation Service means a development for
recreational, social or multiple purpose use without fixed seats and
primarily intended for local community purposes. Typical uses
include community halls and community centres.
4)
Extended Medical Treatment Service means a development
providing room, board, and surgical or other medical treatment for
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the sick, injured or infirm including outpatient services and
accessory staff residences. Typical uses include hospitals,
sanatoriums, nursing homes, convalescent homes, and auxiliary
hospitals.
5)
Government Service means a development providing Municipal,
Provincial or Federal government services directly to the public.
Typical uses include government offices, taxation offices,
courthouses, jails, postal distribution offices, manpower and
employment offices, and social service offices.
6)
Indoor Participant Recreation Service means a development
providing facilities within an enclosed building for sports and active
recreation where patrons are predominately participants. Typical
uses include athletic clubs; health and fitness clubs; curling, roller-
skating and hockey rinks; swimming pools; rifle and pistol ranges;
bowling alleys; paintball games; and racquet clubs.
7)
Outdoor Participant Recreation Service means a development
providing facilities which are available at the public at large for
sports and active recreation conducted outdoors. Typical uses
include golf courses, driving range, ski hills, sports fields, outdoor
tennis courts, unenclosed ice surfaces or rinks, athletic fields,
boating facilities, outdoor swimming pools, bowling greens,
paintball games, and fitness trails.
8)
Private Education Service means a development for instruction
and education that is not maintained generally at public expense
and which may or may not offer courses of study equivalent to
those offered in a public school or private instruction as a home
occupation. This Use includes dormitory and accessory buildings.
9)
Protective and Emergency Service means a development which
is required for the public protection of persons and property from
injury, harm or damage together with the incidental storage of
emergency development which is necessary for the local
distribution of utility services. Typical uses in this class include
police stations, fire stations and ancillary training facilities.
10)
Public Education Service means a development which is publicly
supported or subsidized involving public assembly for educational,
training or instructing purposes, and includes administration offices
required for the provision of such services on the same site. This
Use includes public schools, community colleges, and technical
and vocational schools, and associated administrative offices.
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11)
Public Library and Cultural Exhibit means a development for the
collection of literary, artistic, musical and similar reference
materials in the form of books, manuscripts, recordings and films
for public use; or a development for the collection, preservation
and public exhibition of works or objects of historical, scientific or
artistic value. Typical uses include libraries, museums and art
galleries.
12)
Public Park means a development of public land specifically
designed or reserved for the general public for active or passive
recreational use and includes all natural and human-made
landscaping, facilities, playing fields, buildings and other structures
that are consistent with the general purposes of public parkland,
whether or not such recreational facilities are publicly operated or
operated by other organizations pursuant to arrangements with the
public authority owning the park. Typical uses include tot lots,
band shells, picnic grounds, pedestrian trails and paths,
landscaped buffers, playgrounds, water features, amphitheatres,
and athletic fields.
13)
Public Utility Service means any system, works, plant, pipeline,
equipment or services and facilities available at approved rates to
the public, and includes all such carried on by or for the owner of a
public utility or a Municipality or the Province of Manitoba. Typical
uses include sanitary landfill sites, sewage treatment plants,
sewage lagoons, garbage transfer, water treatment plants, lift
stations, and compacting stations and waste recycling plants.
14)
Religious Assembly means a place of worship and related
activities. Typical uses include churches, chapels, mosques,
temples, synagogues, parish halls, convents and monasteries.
14.3.4 Industrial Use Class
1)
Bulk Storage Facility means a place for the outdoor storage or
tank storage of large quantities of raw materials or industrial
related goods such as liquids, fuels, gases, minerals, pipes, gravel,
fertilizers, and grain. This use does not include Anhydrous
Ammonia Facilities.
2)
General Industrial means development used principally for one or
more of the following activities: the assembling of semi-finished or
finished goods, products or equipment; the cleaning, servicing,
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repairing or testing of materials, goods and equipment normally
associated with industrial or commercial businesses; or cleaning,
servicing and repair operations to goods and equipment associated
with personal or household use, where such operations have
impacts that would make them incompatible with adjacent land
uses; the storage or transhipping of materials, goods and
equipment; and the distribution and sale of materials, goods and
equipment to institutions or industrial and commercial businesses.
3)
Industrial Mall means a building or group of buildings held in
single ownership or by participants in a condominium corporation
or cooperative, and divided into units for separate occupancy by
different industrial uses for which common loading and parking
facilities and other common services that may or may not be
provided.
4)
Industrial Vehicle and Equipment Sales and/or Rentals means
a development used for the sale, rental and repair of heavy
vehicles, machinery or mechanical equipment typically used in
building, roadway, manufacturing, assembly and processing
operations and agricultural production.
5)
Light Industrial means processing and manufacturing uses,
provided that they do not create unusual fire, explosion or safety
hazards, noise in excess of average intensity of street and traffic
noise in the area in question; they do not emit smoke, dust, dirt,
toxic or offensive odours or gas and there is no production of heat
or glare perceptible from any adjacent site. Typical uses include
automotive body repair and paint shops, commercial
manufacturing and research facilities.
6)
Processing Use means a development used for the extraction,
treatment, preparation, packaging, transportation, handling and
storage of raw materials and other minerals. Typical uses include
concrete batching plants.
7)
Small Scale Industrial means light manufacturing, assembly or
distribution of ready made products on a small scale that are
generally used to diversify active farming operations.
8)
Transport Terminal means a development where commercial
passenger vehicles pick up and discharge fare-paying passengers.
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DEFINITIONS
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14.3.5 Natural Resource Development Use Class
1)
Natural Resource Development means a development for the
on-site removal, extraction, and primary processing of raw material
found on or under the site, or accessible from the site. Typical
uses in this class include gravel pits, sandpits, and stripping of
topsoil and peat moss. This Use does not include the processing
of raw materials transported to the site.
2)
Wildlife and Conservation Reserve means land that has been
designated by Provincial legislation for the protection and
conservation of wildlife. This Use includes Wildlife Management
Areas.
3)
Wind Turbine Personal Use means a small scale wind turbine
generator tower that converts wind energy to electrical energy for
primarily private use.
14.3.6 Residential Use Class
1)
Multiple Family Dwelling means a structure, located on a single
lot, containing two or more dwellings units, each of which is
designed for or occupied by one family only, with
housekeeping and cooking facilities for each.
2)
Planned Unit Development means an area of land used primarily
for residential purposes under single ownership or control but
including multiple home owners who share the use and financial
responsibility of common areas.
3)
55 Plus Housing means single, attached and/or multi-family
housing that is limited to those 55 or older in a condominium
development that is regulated through various agreements and
declarations.
4)
Single Family Dwelling means a development consisting of a
building containing only one dwelling, which is separate from any
other dwelling or building. This Use Class includes a
manufactured home dwelling, ready-to-move dwelling and modular
home dwelling, but not a Mobile Home Dwelling.
5)
Seniors Housing means a premises which is intended for the
training, treatment, rehabilitation, housing, care and/or supervision
of seniors and may include: nursing homes, seniors homes,
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personal care homes, residential care homes rehabilitation homes,
attached housing, apartments and like uses.
14.3.7 Residential-Related Use Class
1)
Bed and Breakfast Home means a principal dwelling where
sleeping accommodation with or without light meals is provided to
members of the travelling public for remuneration.
2)
Home Occupation means an occupation, trade, profession or craft
carried on, in or from a dwelling unit or its accessory building for
consideration and which is clearly incidental or accessory to the
residential use of the dwelling unit.
3)
Secondary Suite means that area of a single family dwelling that
is or is intended to be a dwelling unit that is smaller than the
principal residence in the same building where the two dwelling
units have internal access between them.
PART III - ZONING DISTRICTS
PART III
ZONING DISTRICTS
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ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
15.0 Zoning Districts
15.1
Intent of Zoning Districts
The Zoning Districts established in this By-law are intended to provide
sufficient land for various types of land uses and developments in the RM
of Headingley in keeping with the provisions of the RM of Headingley
Development Plan. The Zoning Districts as outlined in the Zoning Districts
Table (Appendix A) are hereby established.
15.2
Permitted and Conditional Uses
1)
The Permitted and Conditional Uses Table (Appendix B) outlines uses that
are permitted or conditional in each Zoning District.
2)
All uses, whether listed as permitted or conditional, must meet the relevant
requirements as outlined in PART IV (Special Land Use Regulations) and
Part V (General Development Regulations).
15.3
Bulk Regulations for Zoning Districts
1)
The Bulk Regulations Table (Appendix C) outlines the bulk regulations for
each Zoning District.
15.4
Additional Regulations for Permitted and Conditional Uses
1)
All accessory uses, buildings and structures shall be developed in
accordance with the RM of Headingley Lot Grade By-law.
2)
Maximum building area regulations shall not apply to Private and Semi-
Private Swimming Pools and Hot Tubs.
3)
Water supply and sewage disposal systems shall be in accordance with The
Environment Act, The Public Health Act, and The Drinking Water Safety Act
and any relevant government regulations.
4)
Any fuel storage areas established on any site shall comply with The
Storage and Handling of Petroleum and Allied Products Regulation
188/200.
5)
Any used oil products and other regulated hazardous wastes generated or
stored on any site shall be collected and disposed of in accordance with all
applicable Manitoba Conservation legislation.
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6)
All buildings, structures and hedges adjacent to Provincial Highways,
Provincial Roads and Provincial Access Roads shall be setback in
accordance with The Highways and Protection Act and The Highways and
Transportation Act.
7)
The construction of any drainage works shall be in accordance with all
applicable Provincial government legislation.
15.5
Additional Regulations for the R-20: Residential Single Family, RR1:
Rural Residential, RR2: Rural Residential, and RR5: Rural
Residential Zoning Districts
1)
Excluding reversed corner lots, where sites comprising 40.00 percent or
more of the entire frontage of the block are developed with buildings, the
average front yard calculation established by such buildings shall be the
front yard regulation for the block.
2)
Water supply and sewage disposal shall be provided in accordance with
applicable government regulations.
15.6
Additional Regulations for the CC: Commercial Central Zoning
District
1)
A minimum side yard of 3.05 m. (10.00 ft.) shall be required where a site
abuts the lot line of a site in the R20: Residential Single Family Zoning
District.
2)
No parking shall be permitted within the first 6.10 m. (20.00 ft.) of a required
front yard and no loading, storage, trash collection, outdoor service or
display area shall be permitted within a required side yard.
3)
Loading, storage and trash collection areas shall be located to the rear or
sides of the principal building and shall be screened from view from any
adjacent sites and public roadways in accordance with Section 17.13 of this
By-law.
4)
If the rear or side lot lines of a site abut a Residential or Residential-Related
Use Class development or a lane serving a Residential or Residential-
Related Use Class development and are used for parking, an outdoor
service or display area, or both, they shall be screened in accordance with
Section 17.13 of this By-law.
5)
A dwelling unit is allowed only in conjunction with a permitted use or
conditional use development if:
a)
it is occupied by the owner/operator or a site watchperson or
caretaker, if necessary; or
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b)
the said permitted use or conditional use is the primary
ground floor use.
6)
The siting and access for the following developments shall be to the
satisfaction of the Designated Officer who shall ensure that such
developments do not prejudice the safety and transportation function of
public roadways:
a)
Drive-In Food Service
b)
Eating and Drinking Establishment
c)
Rapid Drive-Through Vehicle Service
d)
General Retail Store
e)
Automatic Teller Machine
15.7
Additional Regulations for the CH: Highway Commercial Zoning
District
1)
A minimum yard of 15.24 m. (50.00 ft.) shall be required where a site abuts
the lot line of a site in an existing or future Neighbourhood Area as indicated
in the Headingley Development Plan.
2)
No parking shall be permitted within the first 4.57 m. (15.00 ft.) of a required
front yard and no loading, storage, trash collection, outdoor service or
display area shall be permitted within a required side yard.
3)
Loading, storage and trash collection areas shall be located to the rear or
sides of the principal building and shall be screened from view from any
adjacent sites and public roadways in accordance with Section 17.13 of this
By-law.
4)
If the rear or side lot lines of a site abut a Residential or Residential-Related
Use Class development or a lane serving a Residential or Residential-
Related Use Class development and are used for parking, an outdoor
service or display area, or both, they shall be screened in accordance with
Section 17.13 of this By-law.
5)
All exposed building faces shall have consistent and harmonious exterior
finishing materials.
6)
Buildings, structures and hedges adjacent to Provincial Trunk Highways,
Provincial Roads and Provincial Access Roads shall be setback in
accordance with The Highways and Protection Act and The Highways and
Transportation Act.
7)
A dwelling unit is allowed only in conjunction with a permitted use or
conditional use development if it is occupied by the owner/operator or a site
watchperson or caretaker, if necessary.
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8)
The siting and access for the following Conditional Use developments shall
be to the satisfaction of the Designated Officer who shall ensure that such
developments do not prejudice the safety and transportation function of
public roadways:
a)
Drive-In Food Service
b)
Eating and Drinking Establishment
c)
Rapid Drive-Through Vehicle Service
d)
General Retail Store
e)
Automatic Teller Machine
9)
A dwelling unit is allowed as a permitted use in conjunction with a Tourist
Campsite development if it is occupied by the owner/operator or a site
watchperson or caretaker, if necessary.
10)
All principal buildings shall be setback a minimum of 15.24 m. (50.00 ft.) to
a maximum of 30.48 m. (100.00 ft.) from the front lot line or shall reflect the
average building setbacks for the existing buildings in the surrounding area
as determined by the Designated Officer.
11)
When outside storage of goods and materials is required:
a)
the storage shall be located to the rear of a line adjacent to
and parallel with the front wall of the building;
b)
the storage shall not project above the height of the wall or
fence; and
c)
a solid fence shall be provided and maintained in a condition
that is acceptable to the Designated Officer.
15.8
Additional Regulations for the Site Specific Commercial Zoning
Districts along Roblin Boulevard
1)
Permitted and conditional uses for commercial developments along
Roblin Boulevard shall be limited to those uses listed under CH-1 in
Appendix B - Permitted and Conditional Use Table of this By-law.
15.9
Additional Regulations for the IB: Industrial Business Zoning District
1)
Where a site abuts the lot line of an existing or future Neighbourhood Area
as indicated in the Headingley Development Plan, a 7.62 m. (25.00 ft.)
landscaped yard is required. This yard shall include a berm, fence and
extensive landscaping to the satisfaction of the Designated Officer or
Council.
2)
Where a site abuts the lot line of an existing or future Neighbourhood Area
as indicated in the RM of Headingley Development Plan, any buildings shall
be setback a minimum of 15.24 m. (50.00 ft.) from the lot line.
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3)
No parking shall be permitted within the first 4.57 m. (15.00 ft.) of a required
front yard and no loading, storage, trash collection, outdoor service or
display area shall be permitted within a required side yard if the site is
adjacent to a Neighbourhood Area in the RM of Headingley Plan By-law No.
12-2006.
4)
All developments shall comply with Section 20.1 of this By-law.
5)
When outside storage of goods and materials is required:
a)
the storage shall be located to the rear of a line adjacent to
and parallel with the front wall of the building;
b)
the storage shall not project above the height of the wall or
fence; and
c)
a solid fence shall be provided and maintained in a condition
that is acceptable to the Designated Officer.
6)
The operation of all uses shall comply with all environmental and public
health regulations of the Province of Manitoba. If the Designated Officer is
of the opinion that a proposed development may conflict with these
regulations, the application shall be referred to the appropriate Provincial
department(s) prior to issuing a development permit.
7)
A dwelling unit is allowed only in conjunction with a permitted or conditional
Industrial Use Class development if it is occupied by the owner/operator or
a site watchperson or caretaker, if necessary.
15.10 Additional Regulations for the IG: Industrial General Zoning District
1)
Where a site abuts the lot line of an existing or future Neighbourhood Area
as indicated in the RM of Headingley Development Plan, a 15.24 m. (50.00
ft.) landscaped yard is required. This yard shall include a berm, fence and
extensive landscaping to the satisfaction of the Designated Officer or
Council. As a minimum, this landscaping screen shall consist of an earthen
berm of not less than 1.52 m. (5.00 ft.) in height and a width of not less than
2.50 m. (8.20 ft.). In cases where the landscaping screen is a hedge, it shall
be a minimum of 1.52 m. (5.00 ft.) in height.
2)
No parking shall be permitted within the first 4.57 m. (15.00 ft.) of a required
front yard and no loading, storage, trash collection, outdoor service or
display area shall be permitted within a required side yard if the site is
adjacent to a Neighbourhood Area in the RM of Headingley Plan By-law No.
12-2006.
3)
All developments shall comply with Section 20.1 of this By-law.
4)
When outside storage of goods and materials is required.
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a)
the storage shall be located to the rear of a line adjacent to
and parallel with the front wall of the building;
b)
the storage shall not project above the height of the wall or
fence; and
c)
a fence shall be provided and maintained in a condition
acceptable to the Designated Officer.
5)
The operation of all uses shall comply with all environmental and public
health regulations of the Province of Manitoba. If the Designated Officer
believes a proposed development may conflict with these regulations, the
application shall be referred to the appropriate Provincial department(s)
prior to issuing a development permit.
6)
A dwelling unit is allowed only in conjunction with a permitted or conditional
Industrial Use Class development if it is occupied by the owner/operator or
a site watchperson or caretaker, if necessary.
15.11 Additional Regulations for the Site Specific Industrial Zoning
Districts
1)
For the site legally described as "Part of River Lot, 7, 8 and 9, Parish of
Headingley" located along Wilkes Avenue and identified on Map 1 as IG-
1, the minimum rear yard shall be 10.00 m. (32.81 ft.), the minimum side
yard shall be 300 m. (9.84 ft.), and a 1.83 m. (6.00 ft.) chain link fence
shall be installed and maintained at the landowner's expense along the
rear property line to the satisfaction of the Designated Officer.
2)
Permitted and conditional uses for industrial developments along Roblin
Boulevard shall be limited to those uses listed under IG-2 in Appendix B -
Permitted and Conditional Use Table of this By-law.
15.12 Additional Regulations for the RU: Rural General Zoning District
1)
The following Agricultural Use Class developments shall be subject to the
site regulations listed under column AG: 'Other' in the Bulk Regulations in
Appendix C.
a)
Agri-Business;
b)
Agricultural Crop Protection Warehouse;
c)
Agricultural Implement Sales and Service;
d)
Agricultural Product Storage;
e)
Agriculture Support Industry;
f)
Anhydrous Ammonia Facility;
g)
Farm Produce Outlet; and
h)
Equestrian Establishment.
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ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
2)
Maximum height regulations do not apply to farm buildings.
15.13 Additional Regulations for the RMU-1: Residential Mixed Use Zoning
District
1)
The following regulations shall apply to Single Family Dwellings,
Community Recreation Services and Public Parks:
a)
The minimum site area shall be 1,532.85 sq. m. (16,500 sq.
ft.).
b)
For each subdivision application, the maximum gross density
shall be 4.942 dwellings per gross hectare (2.00 dwellings
per gross acre).
c)
The minimum site width shall be 19.812 m. (95.00 ft.).
d)
The minimum front yard shall be 9.144 m. (30.00 ft.).
e)
The minimum rear yard shall be 7.62 m. (25.00 ft.).
f)
The minimum side yard shall be 4.572 m. (15.00 ft.).
g)
Accessory buildings shall have a minimum rear yard of 3.048
m. (10.00 ft.) and a minimum side yard of 3.048 m. (10.00
ft.).
h)
The maximum site coverage shall be 28.00 percent for a
principal building and an attached garage. The maximum
site coverage for detached accessory buildings shall be
74.32 sq. m. (800.00 sq. ft.).
i)
The maximum height shall not exceed 10.67 m. (35.00 ft.) or
2.50 storeys for principal buildings and 4.57 m. (15.0 ft.) nor
1.0 storey for accessory buildings.
j)
The minimum dwelling unit area for each single detached
home shall be 102.19 sq. m. (1,100.00 sq. ft.).
k)
Each dwelling unit shall have as a minimum a double
attached or detached garage.
l)
A minimum landscaped yard area of 6.10 m. (20.00 ft.) shall
be provided along Lyons Street to the satisfaction of the
Designated Officer.
2)
The following regulations shall apply to Single Family Dwellings that are
part of a Condominium Plan:
a)
The maximum gross density shall be 8.65 dwellings per
hectare (3.50 dwellings per gross acre).
b)
Single detached housing can only be developed as part of a
condominium project.
c)
The minimum site area for each condominium project shall be
0.40 hectares (1.00 acre).
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d)
The minimum site width for each condominium project shall
be 30.48 m. (100.00 ft.).
e)
The maximum site coverage shall be 28.00 percent for a
principal building, attached accessory buildings and
detached accessory buildings.
f)
The maximum height shall be 7.62 m. (25.00 ft.) or 1.50
storeys for principal buildings and 4.57 m. (15.00 ft.) at the
highest point of the roof or 1.00 storey for accessory
buildings.
g)
The minimum dwelling unit area shall be 92.90 sq. m.
(1,000.00 sq. ft.).
h)
Each dwelling unit shall have as a minimum a double
attached garage.
i)
Separation spaces between buildings and the condominium
unit lot lines shall be provided as follows:
i)
A minimum depth of 6.71 m. (22.00 ft.) in the front of
a principal living room window or roadway; and
ii)
A minimum depth of 3.05 m. (10.00 ft.) in front of a
habitable room window other than a principal living
room window, a non-habitable window, entry or blank
wall.
j)
The minimum separation space between condominium units
shall be 7.62 m. (25.00 ft.).
k)
The minimum separation space in front of any windows, entry
or similar opening shall be applied along the full length and
height of the exterior wall of the room in which the particular
opening or window is located.
l)
In addition to other submission requirements of this By-law,
the following additional information is required to ensure
compliance with these regulations:
i)
The location of each proposed or existing building or
structure;
ii)
The location and type of all doors and windows;
iii)
The separation space between residential buildings;
iv)
Floor plans and elevations of all proposed buildings
and structures; and
v)
The total number of dwelling units and the gross floor
area.
m)
For bare land condominium projects, separation space
means the least horizontal distance from the condominium
unit lot line to the principal building.
3)
The following regulations shall apply to Seniors' Housing:
a)
The maximum gross density shall be 37.06 dwellings per
hectare (15.00 dwellings per gross acre).
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b)
The minimum site area for each senior's housing project
shall be 1.01 hectares (2.50 acres).
c)
The minimum site width for each senior's housing project
shall be 76.20 m. (250.00 ft.).
d)
The minimum front yard shall be 15.24 m. (50.00 ft.).
e)
The minimum rear yard shall be 15.24 m. (50.00 ft.).
f)
The minimum side yard shall be 22.86 m. (75.00 ft.).
g)
The maximum site coverage shall be 50.00 percent.
i)
The maximum height shall be 12.19 m. (40.00 ft.) and/or
3.00 storeys.
j)
The minimum dwelling unit area shall be 65.03 sq. m.
(700.00 sq. ft.).
15.14 Additional Regulations for the DR: Development Reserve Zoning
District
1)
Council shall not approve any development which, in its opinion, would:
a)
substantially alter the existing state of the land;
b)
require structures, footings or foundations that cannot be
removed or relocated at a nominal cost to the applicant or
owner; or
c)
be prejudicial to the future economical subdivision, servicing
and development of the subject land for future urban uses on a
planned basis.
2)
Council may specify the length of time a use is permitted in this Zone having
regard for the future servicing or development of general residential,
recreational, institutional, industrial or commercial development on the
subject land.
15.15 Additional Regulations for the RMU-2: Residential Mixed Use Zoning
District
1)
The following regulations shall apply to Single Family Dwellings and
Single Attached Dwellings that are part of a Condominium Plan:
a)
The maximum gross density shall be 8.65 dwellings per
hectare (3.50 dwellings per gross acre).
b)
Single Family Dwellings or Single Attached Dwellings can
only be developed as part of a condominium project.
c)
For bare land condominium projects, Single Attached
Dwelling means one of a group of up to four Single Family
PART III
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ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
Dwellings that are attached, with each dwelling unit having
an independent entrance directly from the outside.
2)
The following regulations shall apply to Senior's Housing and Multiple
Family Housing:
a)
The maximum gross density shall be 37.06 dwellings per
hectare (15.00 dwellings per gross acre).
b)
The maximum height shall be 17.37 m. (57.00 ft.) and a
maximum 4.00 storeys.
15.16 Additional Regulations for the Area referred to as Hatfield
Area South as shown on Map 1D
1)
With the exception of 4) below, the maximum density allowed is 1 lot per
acre of land.
2)
Any lots smaller than 2 acres, shall be rezoned to "RR-1" Rural
Residential.
3)
Flag lots shall not be permitted.
4)
An infill subdivision means the subdivision of a lot that is less than 6.5
acres. Infill subdivisions shall comply with the following regulations:
a)
Minimum site area of 0.8 acres
b)
Minimum site frontage of 120.0 ft.
c)
Minimum site depth of 225 ft.
d)
Minimum side yard of 15.0 ft.
5)
A greenfield subdivision means the subdivision of a lot that is equal to or
greater than 6.5 acres. Greenfield subdivisions shall comply with the
following regulations:
a)
Minimum site area of 1.0 acre.
b)
Minimum site frontage of 120.0 ft.
15.17 Additional Regulations for Multi-Family Developments
1)
Once a development application has been received for any Multi-Family
development and prior to any conditional use hearing, Council may
establish a committee to review and comment on the design details of any
proposed development including but not limited to:
- the building placement, façade treatment, building materials,
and building entrances;
- the general site layout;
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- the proposed building height;
- the proposed signage;
- the proposed landscaping plans;
- the proposed vehicular access and driveway locations;
- the proposed off-street parking location and circulation;
- the proposed loading standards;
- the relationship with adjacent developments in terms of
privacy, architectural features, setbacks, vehicular and
pedestrian access, and related matters; and
- the general compliance with the performance standards for
residential use class developments as provided for in
Subsection 20.2 of this By-law.
2)
The Designated Officer will include in the Planning Report to Council, as
part of the Conditional Use Application, comments and recommendations
from the design committee.
PART IV - SPECIAL LAND USES
PART IV
SPECIAL LAND USES
RURAL MUNICIPALITY OF HEADINGLEY
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ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
16.0 Special Land Uses
16.1
Applicability
1)
The Special Land Use Regulations apply to the uses listed irrespective of
the Zoning District in which they are located. Where these regulations
appear to be in conflict with the Zoning District regulations in which the use
is either a permitted use or conditional use, the Special Land Use
Regulations shall take precedence and shall be applied in addition to the
regulations in the Zoning District.
16.2
Bed and Breakfast Homes
A Bed and Breakfast Home shall comply with the following regulations:
1)
There shall be no exterior display or advertisement larger than 1.11 sq. m.
(12.00 sq. ft.) in the Neighbourhood Areas of the RM of Headingley
Development Plan, and 2.97 sq. m. (32.00 sq. ft.) in other areas, provided
that no sign shall be illuminated and any Sign must be compatible with the
residential character of the area.
2)
The Bed and Breakfast Home shall not generate vehicular traffic or parking
that is in excess of what is normally characteristic of the area.
3)
The Bed and Breakfast Home shall be operated by a live-in owner as a
secondary use only and shall not change the principal residential character
or external appearance of the dwelling unit.
4)
The Bed and Breakfast Home shall have a maximum of three bedrooms or
bedroom suites in Neighbourhood Areas of the RM of Headingley
Development Plan and five bedrooms or bedroom suites in other areas.
5)
Meals shall be limited to the owner-occupants of the Bed and Breakfast
Home and resident guests therein with no cooking facilities allowed in the
bedrooms or bedroom suites.
6)
In addition to the parking regulations for the primary use, one additional on-
site parking space shall be provided for each bedroom or bedroom suite.
7)
An approved 2.20 kg. (4.85 lb.) multi-purpose portable fire extinguisher shall
be visibly mounted near the kitchen exit door, preferably the door leading
directly outdoors.
8)
All Bed and Breakfast Homes must be operated in accordance with all plans
and documents approved as part of the application.
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9)
The maximum stay for any guest at any one time shall be 14 days.
16.3
Car Brokers
A Car Broker shall comply with the following regulations:
1)
The Car Broker operation shall be operated as a secondary use only on the
site, and shall not change the principal character or external appearance of
the dwelling unit involved.
2)
The Car Broker operation shall be limited to the purchase and sale of used
passenger vehicles and light trucks only.
3)
Except as hereinafter provided, the vehicles that are for sale shall be parked
or stored at the rear of the dwelling unit on the site so as to be entirely
screened from public view.
4)
Notwithstanding Section 16.3 (3) of this By-law, a maximum of one vehicle
may be put on display for sale in the front yard of the site on which a Car
Broker operation is located at any one time.
5)
Notwithstanding Section 16.3 (4) of this By-law, on the site on which a Car
Broker operation is located there shall be no vehicles put on display for sale
within any Municipal road right-of-way.
6)
Notwithstanding Section 16.3 (4) of this By-law, if the Car Broker operation
is adjacent to a Provincial Trunk Highway, Provincial Road, Provincial
Access Road or Main Market Road, the vehicles put on display for sale
thereon shall be setback in accordance with The Highways and
Transportation Act and The Highways and Protection Act.
7)
The site on which a Car Broker operation is located shall be kept in a tidy,
well-maintained manner to the satisfaction of the Designated Officer.
8)
A storage area having four passenger vehicles and/or light trucks that are
visible from a roadway or an abutting Residential District that is within
198.10 m. (650.00 ft.) from the storage area shall be fenced and/or have a
screen planting, to the satisfaction of the Designated Officer.
9)
The Car Broker operation shall not generate pedestrian or vehicular traffic,
or parking, in excess of that which is characteristic of the Zoning District in
which it is located.
10)
The Car Broker operation shall be operated solely by the members of the
family residing at the same dwelling unit on the site where the Car Broker
operation is located without the employment of other persons.
11)
Any exterior display or advertisement of the Car Broker operation shall:
a)
not exceed 0.74 sq. m. (8.00 sq. ft.) in area;
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b)
not be illuminated; and
c)
be compatible with the character of the area.
12)
The dimensions of signage advertising the sale of vehicles shall not exceed
21.59 cm. (8.50 in.) by 27.94 cm. (11.00 in.).
13)
The Car Broker operation shall have all outdoor lighting located and
arranged on the site so that no rays of light are directed at any adjacent
sites.
14)
The maximum number of passenger vehicles and light trucks for sale at any
one time shall be limited to four vehicles.
15)
All Car Brokers must be operated in accordance with all plans and
documents approved as part of the application.
16.4
Home Occupations
A Home Occupation shall comply with the following regulations:
1)
The Home Occupation shall not include escort services, automotive service
uses or tow-truck operations.
2)
The Home Occupation shall not generate pedestrian or vehicular traffic, or
parking, in excess of that which is characteristic of the Zoning District in
which it is located.
3)
The Home Occupation shall be owned and operated by the member(s) of
the family residing at the dwelling unit.
4)
Notwithstanding Section 19.0 of this By-law, the Home Occupation may
have one identification sign not exceeding 0.74 sq. m. (8.00 sq. ft.) in area,
indicating the name of the occupant and/or Home Occupation of the
occupant provided the sign is attached to and parallel with the wall of the
principal or accessory building.
5)
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.
6)
The Home Occupation shall only be allowed in conjunction with a dwelling
unit, and shall not change the principal character or external appearance
of the dwelling unit involved.
7)
A Home Occupation within a dwelling unit or accessory building shall not
exceed a maximum floor area of 37.16 sq. m. (400.00 sq. ft.) or twenty
percent (20%) of the floor area, whichever is lesser.
8)
The Home Occupation shall not be permitted if, in the opinion of the
Designated Officer, such use would be more appropriately located in
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another Zoning District having regard for, among other matters, potential
traffic generation and potential interference with the residential character of
the area.
9)
In addition to the information regulations of Section 8.0 of this By-law, each
application for a development permit for a proposed Home Occupation shall
include a description of the office use to be undertaken at the premises and
an indication of where any materials, equipment or vehicles associated with
the office use are to be stored.
10)
A permit for a Home Occupation is not transferable to a new homeowner.
11)
Any work or activity conducted on the premises in connection with the home
occupation shall be carried on entirely within the residential dwelling unit or
entirely within a building accessory to that dwelling unit.
12)
The home occupation shall be conducted solely by one or more of the
residents living in the residential dwelling unit on the premises without the
employment of any other person.
13)
In the case of rental premises, the home occupation applicant will be
required to obtain the permission of the owner of the premises before a
home occupation permit under this Section can be issued by the Designated
Officer.
14)
Home Occupations shall be limited to those uses which do not interfere with
the rights of other residents to quiet enjoyment of their neighbourhood.
15)
In the case of retail sales, the home occupation offers commodities for sale
which are limited to those produced or repaired on the premises.
16)
If a Home Occupation is used for instructional classes, there shall not be
more than six (6) pupils per day.
17)
All Home Occupations must be operated in accordance with all plans and
documents approved as part of the application.
16.5
Livestock Operations
1)
Except for the dwelling unit of the operator of the Livestock Operation,
mutual separation distances shall be maintained between Livestock
Operations and a dwelling unit or designated residential or recreational
area in accordance with Table 3:
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Table 3
Mutual Separation Regulations
Size of
Livestock
Operation in
Animal Units
Minimum Separation Distance
From Single Residence
From Designated Residential or
Recreational Area
To Earthen Manure
Storage
Facility
To Animal
Housing
Facility and
Non-earthen
Manure
Storage
Facility
To Earthen
Manure Storage
Facility
To Animal
Housing
Facility and
Non-earthen
Manure
Storage
Facility
10-100
200.00 m
(656.00 ft.)
100.00 m.
(328.00 ft.)
800.00 m.
(2,625.00 ft.)
530.00 m.
(1,739.00 ft.)
101-200
300.00 m.
(984.00 ft.)
150.00 m.
(492.00 ft.)
1,200.00 m.
(3,937.00 ft.)
800.00 m.
(2,625.00 ft.)
201-300
400.00 m.
(1,312.00 ft.)
200.00 m
(656.00 ft.)
1,600.00 m.
(5,249.00 ft.)
1070.0 m.
(3,511.00 ft.)
301 to 400
450.00 m.
(1,476.00 ft.)
225.00 m.
(738.00 ft.)
1,800.00 m.
(5,906.00 ft.)
1,200.00 m.
(3,937.00 ft.)
401 to 800
500.00 m.
(1,640.00 ft.)
250.00 m.
(820.00 ft.)
2,000.00 m.
(6,561.00 ft.)
1,330.00 m.
(4,364.00 ft.)
801 to 1600
600.00 m.
(1,968.00 ft.)
300.00 m.
(984.00 ft.)
2,400.00 m.
(7,874.00 ft.)
1,600.00 m.
(5,249.00 ft.)
1601 to 3200
700.00 m.
(2,297.00 ft.)
350.00 m.
(1,148.00 ft.)
2,800.00 m.
(9,186.00 ft.)
1,870.00 m.
(6,135.00 ft.)
3201 to 6400
800.00 m.
(2,625.00 ft.)
400.00 m.
(1,312.00ft.)
3,200.00 m.
(10,499.00 ft.)
2,130.00 m.
(6,988.00 ft.)
6401 to 12800
900.00 m.
(2,953.00 ft.)
450.00 m.
(1,476.00 ft.)
3,600.00 m.
(11,811.00 ft.)
2,400.00 m.
(7,874.00 ft.)
12801+
1,000.00 m.
(3,281.00 ft.)
500.00 m.
(1,640.00 ft.)
4,000.00 m.
(13,123.00 ft.)
2,670.00 m.
(8,760.00 ft.)
2)
All existing and approved Livestock Operations shall comply with The
Livestock Manure and Mortalities Management Regulation MR 42/98.
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16.6
Residential Related Farms
A Residential Related Farm shall comply with the following regulations:
1)
The minimum site area for the Residential Related Farm shall be 2.02 ha.
(5.00 acres).
2)
The maximum size for the Residential Related Farm shall be up to 10.00
Animal Units.
3)
The keeping of animals on a site shall not interfere with the use and
enjoyment of adjacent land uses.
4)
For the purposes of this Section of the By-law, the calculation of Animal
Units shall be cumulative across the species as determined on the basis of
the Animal Units Conversion Table (Appendix D), or as determined by the
Province of Manitoba.
5)
A Residential Related Farm can only developed in conjunction with a Single
Family Dwelling.
6)
All Residential Related Farms must be operated in accordance with all
plans and documents approved as part of the application.
16.7
Planned Unit Developments
A Planned Unit Developments shall comply with the following regulations:
1)
Specific regulations in a Zoning District shall not directly apply to Planned
Unit Developments. However, the project shall produce an environment of
stable and desirable character and shall incorporate at least equivalent
standards of building separation, parking, height and other regulations and
regulations of this By-law.
2)
An application for a Planned Unit Development shall include normal
development permit regulations as well as an impact study that outlines the
following information:
a)
economic, social and environmental benefits to the
community;
b)
the effect on the general character of the area and adjacent
areas;
c)
the effect on the general environment including, but not
necessarily limited to, drainage, groundwater and erosion;
d)
the effect on Municipal services and the street system; and
e)
such additional information as required by Council.
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3)
The minimum site area for a Planned Unit Development shall be 4.05 ha.
(10.00 acres).
4)
The density of development shall not be increased from the normal density
per gross hectare (acre) permitted in the Zoning District in which the
proposed Planned Unit Development is located.
5)
Planned Unit Developments shall be regulated through a site plan
agreement or development agreement which is caveated against the title at
the Land Titles office.
6)
An overall landscaping plan shall be prepared.
7)
Any public park areas shall be dedicated to the Municipality.
16.8
Small Animal Breeding and Boarding Establishment
A Small Animal Breeding and Boarding Establishment shall comply with the
following regulations:
1)
They shall comply with all applicable Provincial and Municipal animal control
and licensing By-laws.
2)
The Small Animal Breeding and Boarding Establishment shall be carried
out by an occupant of the dwelling unit.
3)
One assistant, who is not a resident of the dwelling unit of the Small Animal
Breeding and Boarding Establishment, may operate in and from the said
dwelling unit.
4)
If located within a Residential Use Class development, the Small Animal
Breeding and Boarding Establishment shall be operated as a secondary
use only, and shall not change the principal character or external
appearance of the dwelling unit involved.
5)
There shall be no retail sale of goods from within the dwelling unit of a Small
Animal Breeding and Boarding Establishment.
6)
The Small Animal Breeding and Boarding Establishment shall not create or
become a nuisance by the way of noise, fumes, dust, odour, traffic or
otherwise interfere with the use and enjoyment of adjacent land uses.
16.9 Secondary Suite
A secondary suite is allowed as an accessory use in a Single Family
Dwelling provided that it complies with the following regulations:
1)
The Single Family Dwelling is owner-occupied and the lot not less than
929.00 sq. m. (10,000.00 sq. ft.).
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2)
The Single Family Dwelling and the secondary suite have a common front
entrance.
3)
The secondary suite is not obtrusive so as to change the one family nature
of the Single Family Dwelling.
4)
An Occupancy Permit has been issued by the Designated Officer.
5)
One additional accessory off-street parking space is provided for the
exclusive use of the secondary suite.
6)
The secondary suite can only be occupied and used by the owner-
occupants' immediate family.
7)
A development permit for a secondary suite is valid for three (3) years from
the date the permit was approved by the Designated Officer. The owner-
occupant can apply for a new development permit subject to complying with
the applicable development regulations.
16.10 Vehicular - Oriented Uses
16.10.1 Applicability
1)
The following Commercial Use developments shall comply with the
regulations of this Section of the By-law:
a)
Drive-Through Food Services;
b)
Gas Bars;
c)
Service Stations;
d)
Rapid Drive-Through Vehicle Services; and
e)
Automated Teller Machines.
16.10.2 Development Regulations
1)
Vehicular-oriented uses shall be located only where the Designated Officer
or Council is satisfied that the development will not adversely affect the
functioning of the surrounding public roadway.
2)
The minimum frontage shall be 30.48 m (100.00 ft.).
3)
Service Stations and Rapid Drive-Through Vehicle Services shall have a
minimum site depth of 30.48 m (100.00 ft.).
4)
Stacking space shall be provided as follows:
a)
For Drive-In Food Services and other Commercial Use
developments having a drive-up service window, a minimum
of six in-bound stacking spaces shall be provided for
vehicles approaching the drive-up service window. One out-
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bound stacking space shall be provided on the exit side of
each service position and this space shall be located so as
not to interfere with service to the next vehicle.
b)
For Rapid Drive-Through Vehicle Services, a minimum of
five in-bound and three out-bound stacking spaces shall be
provided for each service bay, except that in the case of a
complete service car wash a minimum of ten in-bound and
five out-bound stacking spaces shall be provided.
c)
For Automated Teller Machines, a minimum of three in
bound stacking spaces shall be provided measured from the
teller window or automated teller machine.
d)
All stacking spaces shall be a minimum of 5.49 m. (18.00 ft.)
long and 3.05 m. (10.00 ft. m) wide. Stacking lanes shall
provide sufficient space for turning and manoeuvring.
e)
All stacking spaces shall be located so as not to block or
interfere with the smooth flow of traffic to and from required
off-street parking spaces or the driving aisles providing
access to those spaces, or any adjacent street or lane
through an approved access point.
5)
Gas Bars and Service Stations shall comply with the following additional
regulations:
a)
All pump islands and underground storage tanks shall be
located at least 4.57 m. (15.00 ft.) from any boundary of the
site, parking area on the site, or laneways intended to control
traffic circulation on the site.
b)
Refuelling areas are not permitted in a required parking
area.
c)
A canopy over a pump island may extend to within 3.05 m.
(10.00 ft .) of the boundary of the site. The canopy area
shall not constitute part of the site coverage for the purpose
of this Section of the By-law.
16.11 Convenience Retail Stores
Convenience retail stores in any residential zone shall comply with the following
regulations:
1)
There shall be no outdoor storage.
2)
Convenience retail stores shall only be allowed on corner lots or the
intersection of two streets.
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ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
3)
The building architecture shall blend in with the residential character of
the area and all exposed building faces shall have consistent and
harmonious exterior finishing material.
4)
One fascia or awning advertising sign not to exceed 3.72 sq. m. (40.00
sq. ft.) shall be allowed on the site, provided that the sign is compatible
with the residential character of the area and is not animated, flashing or
rotating.
16.12 Boats, Utility Trailers, Un-licensed Vehicles and Motor Homes
1)
Boats, utility trailers, un-licensed vehicles and motor homes may be
stored in the Rear or Side Yard of a residential property provided that:
a)
the rear or side yards are accessible;
b)
occupancy is prohibited during storage; and
c)
storage is not used for commercial purposes unless
specifically allowed for in that Land Use Zone.
16.13 Tennis Courts and Outdoor Skating Rinks
1)
Tennis courts and outdoor skating rinks in any R-20 Zone shall:
a)
be considered accessory uses and developed in accordance
with Section 17.3 of this By-law;
b)
not be located closer than 3.05 m. (10.00 ft.) to any side or
rear yard, nor be constructed in front of the foremost portion
of the principal building.
c)
conform with the Municipal Lot Grading By-law, and any
amendments thereto;
d)
have all outdoor lighting located and arranged so that no
rays of light are directed at any adjacent properties; and
e)
be developed in accordance with the Municipal Noise By-law
and be limited in hours of use to between 7:00 a.m. and
10:30 p.m. daily.
16.14 Mini-Warehouse and Self Storage
1)
Mini-Warehouse and Self Storage uses shall comply with the following
regulations:
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ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
a)
they are prohibited on any lots adjacent to the TransCanada
Highway as determined by the Designated Officer.
16.15 Automotive and Recreational Vehicle Sales
1)
All work on vehicles or equipment, including but not limited to estimates,
inspections, repairs, washing, and vehicle preparation, shall be conducted
within an enclosed building.
2)
If a required landscape area is used as a vehicle display area for the
exhibition, sale, or rental of a new or used vehicle, the owner shall comply
with the following provisions:
a) A fence or landscaped barrier not exceeding 4 feet and not less than 2
feet in height shall be erected where the display area abuts upon a public
right-of-way or an adjacent property, and wheel stops shall be located
at least 2 ½ feet inside the said fence.
b) Vehicle display areas shall not be located within a public right-of-way,
on-site driveway or on top of any building.
c) Vehicle display areas shall not cover more than 25% of a required front
yard landscaped area.
3)
A lot area for outside sales shall be paved with concrete, asphalt, paving
stones, or other impervious surface approved by the Designated Officer,
and shall be graded and drained to dispose of all water accumulated within
the area.
4)
At least one permanent building shall be constructed for the use as a sales
or administrative office, having at least 600 square feet of gross floor area,
constructed of wood, masonry, or other building material approved by the
Designated Officer, and set on a foundation.
5)
The density of vehicles on the lot shall not exceed 100 vehicles per net acre
(the net area excludes any on-site buildings, any vehicle display areas and
any required off-street parking stalls for employees and customers).
6)
The vehicles must be arranged on the lot in an orderly manner, and provide
for proper vehicular circulation.
7)
The loading and unloading of vehicles must take place entirely on the
property.
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ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
8)
Any new developments shall comply with the Off-Street Parking regulations
as provided for in Section 18.0 of this By-law.
9)
Any new developments shall comply with the Landscaping regulations as
provided for in Section 17.13 of this By-law.
10)
No automobile parts or equipment or related material shall be kept, stored
or left on the property unless stored within a fully enclosed building.
16.16
Solar Panels
1)
Any solar collector not connected to a building shall adhere to the same
setbacks and height restrictions for accessory buildings in the zone in
which the installation is situated.
2)
A roof or mounted solar collector shall not exceed, in size, the total square
footage of the principal structure.
3)
A solar collector that is mounted on a roof can project a maximum of 1.50
m. (6.50 ft.) from the surface of the roof and shall not exceed the
outermost edge of the roof.
4)
A solar collector that is mounted on a wall can project a maximum of 0.60
m. (2.00 ft.) from the surface of that wall and shall be located a minimum
of 2.4 m. (8.00 ft.) above grade.
5)
Notwithstanding any other provision of this By-law, any Residential Use
Class that incorporates a solar collector into the building design shall be
classified as a conditional use.
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ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
PART V- DEVELOPMENT REGULATIONS
PART V
DEVELOPMENT REGULATIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 89
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
17.0 General Development Regulations
17.1
Applicability
1)
The General Development Regulations apply to any development on any
site, irrespective of the Zoning District in which it is located.
17.2
Access to Sites
1)
All access locations and curb crossings for municipal roads shall require the
approval of the Designated Officer or Municipal Engineer.
2)
Permits for:
a)
developments adjacent to Provincial Trunk Highways shall
be required from the Highway Traffic Board; and
b)
developments adjacent to Provincial Roads as well as all
Provincial Access Roads shall be required from Manitoba
Infrastructure & Transportation.
3)
In the R-20: Residential Single Family and the RR: Rural Residential
Planned Unit Development Zoning Districts, no more than one (1) driveway
shall be constructed for each dwelling unit and the driveway shall not have
more than one (1) access to and from an abutting street and such access
shall not be to and from more than one (1) street. Where a lot abuts on two
(2) streets, access shall be restricted to the street it abuts for the shorter
distance. Any driveway to permit access to lots shall be installed by the
owner of the lot together with a crossing from the street to each site. All
approaches shall be approved by the RM of Headingley in accordance with
existing municipal standards.
17.3
Accessory Uses, Buildings and Structures
1)
Accessory developments are permitted when accessory to a permitted use.
2)
Accessory developments are conditional when accessory to a conditional
use.
3)
Where any building or structure on a site is attached to a principal building
on the site by a roof, an open or enclosed structure above grade, a floor or
a foundation which is above grade, or any structure below grade allowing
access between the buildings such as a parking garage or a corridor or
passageway connecting the buildings, it is a part of the building and is not
an accessory building.
PART V
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ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
4)
No accessory building or structure shall be constructed on any site prior to
the time of construction of the principal building to which it is accessory.
5)
No accessory building or structure shall be used as a dwelling unit.
6)
Accessory buildings and structures shall be located on a site as follows:
a)
where the accessory building is attached to a main building,
it shall be subject to, and shall conform to, all regulations of
this By-law applicable to the principal building; and
b)
where the accessory building is detached from the principal
building, it shall not be located closer than 3.00 m. (9.84 ft.)
clear of all projections to the principal building, nor shall it be
located closer to a public roadway than the principal building.
7)
Accessory buildings or structures shall be subject to the regulations for that
Zoning District.
8)
Notwithstanding Section 17.3 (7) of this By-law, the maximum height of
accessory buildings or structures on a site which abuts a site in a
Residential District shall not be greater than the height of the principal
buildings permitted in the said abutting Zoning District.
9)
Any garage that is either attached or free standing shall not have a door
height exceeding 3.05 m. (10.00 ft.) in all Residential Zoning Districts.
10)
No accessory building or structure shall be located within a dedicated
easement or right-of-way.
17.4
Building Grade
1)
No building or structure shall be erected without first obtaining from the
Designated Officer written instructions as to the grade for the building or
structures to be erected, which shall be in accordance with any applicable
Lot Grade By-laws. It shall be the continuing obligation of the property
owner to maintain building grades for adequate site drainage and to ensure
that the level of the surrounding fill at the building line shall not be less that
the flood protection level.
17.5
Construction on Road Allowance
1)
No building or structure shall be erected upon any land designated for a
future road allowance by the RM of Headingley. Any development adjacent
to said future road allowance shall comply with the regulations of the By-
law as if the said future road allowance was already in existence.
PART V
DEVELOPMENT REGULATIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 91
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
17.6
Connecting to Municipal Services
1)
All new principal buildings constructed on a site that is serviced by Municipal
sewer or water shall, where feasible as determined by the Designated
Officer, be connected to such services.
17.7
Excavation, Stripping and Grading
1)
For the purpose of this Section of the By-law, excavation shall mean
excavation other than for construction or building purposes, including but
not limited to topsoil stripping and the construction of artificial bodies of
water.
2)
A person wishing to excavate, strip or grade land shall:
a)
comply with Municipal By-laws, as amended, that regulate
the excavation, stripping or grading of land; and
b)
provide the following details in his/her development permit
application:
i)
the location and area of the site on which the
excavation, stripping or grading is to take place;
ii)
the existing land use and vegetation;
iii)
the type and dimensions of the excavation to be
made, and the effect on existing drainage patterns;
and
iv)
the condition in which the excavation is to be left
when the operations is complete, or the final
disposition to be made of the area from which the
topsoil is to be removed, including the action which is
to be taken for restoring the condition of the surface of
the land to be affected, and for preventing, controlling
or lessening the creation of erosion or dust from the
land.
3)
The Designated Officer shall consider every application for a permit to
excavate land, and shall not issue a permit unless he/she is satisfied that:
a)
the operation will be carried out so as to create a minimum
of dust and environmental disturbance; and
b)
the operation is one which, in the opinion of the Designated
Officer, is reasonable, necessary for the use and
development of the land in question.
4)
The Designated Officer may require as a condition of issuing a permit to
excavate land, that the applicant take the precautions and follow the
methods prescribed by the Designated Officer for the prevention or control
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of dust or any other nuisance caused by the proposed operation, and for
the reclamation of the site if required.
17.8
Fences
1)
A fence shall be permitted in a required yard or on the boundaries of a
required yard provided it complies with the fence regulations of this By-law.
2)
A fence in a Residential District:
a)
Shall not include electric fences or barbed wire fences.
b)
Shall not be higher, measured from the general ground level
at a distance of 0.61 m. (2.00 ft.) from within the lot line of
the site on which the fence is to be constructed, than 1.22 m.
(4.00 ft.) in a required front yard; and 2.00 m. (6.56 ft.) in a
required side or rear yard.
3)
Notwithstanding 17.8 (b) the permitted height of a fence can be increased
or decreased at the discretion of the Designated Officer to reflect the grade
of surrounding sites.
4)
Notwithstanding the above, the maximum height of a fence for Public
Education Service, Private Education Service, Public Utility Service or
Public Park Use developments shall be 3.05 m. (10.00 ft.), excepting chain
link fences for which there shall be no height limitation.
5)
Notwithstanding the above, for Industrial and Commercial Use Class
developments:
a)
the maximum height of a fence located in a rear yard shall be
3.66 m. (12.00 ft.); and
b)
outside storage shall not be allowed to project above the
height of the fence.
6)
Notwithstanding the above, the permitted height of a fence can be increased
or decreased at the discretion of the Designated Officer to reflect the grade
of surrounding sites.
17.9
Flood Prone Risk Areas and Hazard Lands
1)
Notwithstanding any other provision of this By-law, the Designated Officer
may:
(a)
Refuse a building and/or development permit where the RM
of Headingley Council has determined that the proposed
building or structure is to be located on lands subject to
erosion, bank instability, sloughing or is to be located on low-
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lying wetlands having insufficient bearing strength to
accommodate said building or structure; or
(b)
Require that the proposed building or structure be
constructed and located in such a manner as to negate the
effects of the hazard.
(2)
The Designated Officer may require that the applicant provide, at his/her
own expense, such flood levels, elevations, or other geotechnical data as
may be required for its determination with respect to subsections (1) above.
(3)
The RM of Headingley may, prior to the issuance of a development permit,
consult with Provincial Government officials.
17.10 Hazardous Materials Storage
1)
No commercial-related or industrial-related Bulk Storage Facility,
Agricultural Crop Protection Warehouse or Agricultural Product Storage
shall be located within:
a)
457.20 m. (1,500.00 ft.) of the Neighbourhood Areas of the
RM of Headingley Development Plan;
b)
304.80 m. (1,000.00 ft.) of a building used for human
occupancy; and
c)
100.00 m. (328.08 ft.) from the edge of the rights-of-way of
Provincial Trunk Highways, Provincial Roads as well as all
Provincial Access Roads.
17.11 Height of Features
1)
In determining whether a development conforms to the maximum height
permissible in any Zoning District, the following features shall not be
considered for the purpose of height determination: chimney stacks,
steeples, belfries, domes or spires, monuments, elevator housings, wind
turbines, roof stairway entrances, water or other tanks, ventilating
equipment, skylights, fire walls, receiving or transmitting structures, masts,
flag poles, clearance markers or other erections which are considered to be
similar by the Designated Officer.
17.12 Land Drainage
1)
A development permit shall be required for any drainage works undertaken
on any lands, where it is proposed to alter or divert the natural course of a
watercourse.
2)
Notwithstanding any other regulation of this By-law, the Designated Officer
or RM of Headingley may refuse a development permit for, or prohibit, any
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drainage works to be undertaken on lands where it has been determined
that such works would create an adverse effect on adjacent public or private
lands or where adjacent drains are insufficient to accommodate the added
runoff.
17.13 Landscaping
1)
This section applies to the following Use Class developments: Commercial,
Industrial, Community, Educational, Recreational and Cultural Service and
Residential Use Class Developments (excluding Single Family Dwellings).
2)
A landscaping plan is required and no landscaping work shall be
commenced unless the landscaping plan is approved by the Designated
Officer.
3)
A landscaping plan shall contain the following information for the site and
adjacent boulevards:
a)
all physical features, existing or proposed, including
vegetation, berm contours, walls, fences, outdoor furniture
and fixtures, surface utilities, and paving; and
b)
all shrubs and trees, whether existing or proposed, labelled by
their common name, botanical name, and size.
4)
Notwithstanding the regulations of Section 17.13 (2) of this By-law, the
Designated Officer may consider an application if, in his/her opinion, the
development is of such a nature as to enable the decision to be made on
the application without all of the information.
5)
In the event that planting material required in an approved development is
inappropriate or fails to survive, the Designated Officer may allow or require
alternative materials to be substituted.
6)
All plant material required shall be hardy to the location on the site where
they are planted. The horticultural standards of the Canadian Nursery
Trades Association shall be used as a reference in selecting plants.
7)
The applicant shall be responsible for landscaping and proper maintenance.
The Designated Officer shall require, as a condition of approval, that the
applicant provide an irrevocable letter of credit in the amount of 100.00
percent of the estimated landscaping cost, the condition of the said
irrevocable letter of credit being that, if the landscaping is not completed in
accordance with this By-law and the plan within one growing season after
the completion of the development, then the amount required to complete
the landscaping shall be paid to the Municipality from the said irrevocable
letter of credit.
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8)
Where landscaping is required as part of any Commercial Use Class
development, trees shall be provided on the basis of a minimum one tree
for each 44.13 sq. m (475.00 sq. ft.) of any required yard at grade.
9)
All required yards and all open spaces on Commercial and Industrial Use
Class developments, excluding parking spaces, on-site circulation, outdoor
storage, display and service areas, shall be landscaped in accordance with
the landscaping plan. This shall include appropriate screening of utility
facilities.
10)
For Commercial Use Class developments, deciduous trees shall be at least
63.00 mm. (2.50 in.) calliper when planted and evergreen trees shall have
a minimum height of 2.44 m. (8.00 ft.) when planted.
11)
A garbage collection area, an open storage area, or an outdoor service
area, which is visible from an abutting site in a Residential District, or from
a public roadway other than a lane, shall be fenced or have a screen
planting. The location, length, thickness and height of such fence or screen
planting shall be in accordance with the landscaping plan. Such fence or
screen planting shall be maintained to provide effective screening from the
ground to a height of 1.83 m. (6.00 ft.).
12)
In the case of bulk outdoor storage, including but not limited to lumber yards
and similar uses, where because of height of materials stored, a screen
planting would not be sufficient, a fence, earth berm or combination thereof,
with sufficient height to substantially block the view, shall be substituted for
the regulations of Section 17.13 (9) of this By-law.
13)
Where, because of conditions not conducive to good horticultural practices,
a screen planting cannot reasonably be expected to survive, the Designated
Officer shall require a masonry wall, wood fence or earth berm, or
combination thereof, to be substituted for the regulations of Section 17.13
(9) of this By-law.
14)
Any screen planting required shall consist of evergreen trees or shrubs, or
flowering trees or shrubs, or both. All screen plantings shall be maintained
to provide effective screening from the ground to a height of 1.83 m. (6.00
ft.).
15)
Plant materials located within 6.10 m. (20.00 ft.) of a public street must be
of a salt-tolerant species.
16)
The owners shall maintain all landscaping and buffering areas required by
this By-law free from refuse and debris and with a neat appearance, and
shall maintain plant materials including lawns and naturalized landscaping,
in a healthy condition. The owner shall replace any plant material required
by this By-law that dies or becomes diseased."
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17.14 Lighting of Sites
Outdoor lighting for any development:
1)
Shall be low-glare in nature and located and arranged so that no direct rays
of light are directed at any adjoining properties, or interfere with the
effectiveness of any traffic control devices.
2)
If ground mounted, the maximum height shall be 10.67 m. (35.00 ft.).
3)
Wall-mounted lights must have fully shielded luminaries to direct all light
downward.
17.15 Moving of Structures
1)
No person shall move any structure or part thereof off his/her property to
any other location unless that structure or part is made to conform to the
regulations of this By-law applicable to the Zoning District to which it is to
be moved.
2)
Before moving a building or portion to a new off-site location, the owner
shall obtain a development permit and if required by the Designated Officer
enter into an agreement with the Municipality containing an undertaking of
the owner to pay all damages arising out of the move and such other terms
and conditions as a Designated Officer deems necessary.
3)
Upon completion of removal of a building from a site, the old foundation
shall be removed, any excavation shall be filled, the ground shall be levelled
and the site shall be put in a safe condition to the satisfaction of the
Designated Officer.
17.16 Noxious or Offensive Uses
1)
Nothing in this By-law, or in a development permit, approval or a conditional
use order, variation order or other approval issued under this By-law or
under the Act, shall be construed as authorization for the carrying out of any
activity that is a nuisance.
17.17 Outdoor Solid Fuel Heating System Buildings or Structures
An outdoor solid fuel heating system building or structure shall comply with
the following regulations:
1)
No person shall install an outdoor solid fuel heating system building or
structure without first obtaining a development permit from the Designated
Officer and no development permit to install an outdoor solid fuel heating
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system building or structure shall be issued unless all the regulations of this
By-law have been satisfied.
2)
No outdoor solid fuel heating system building or structure shall be located
in the Neighbourhood Areas of the RM of Headingley Development Plan.
3)
Outdoor solid fuel heating system buildings or structures are considered
accessory uses and shall be developed in accordance with Section 17.3 of
this By-law.
4)
Notwithstanding Section 17.17 (3) of this By-law, an outdoor solid fuel
heating system building or structure shall be located:
a)
Behind the rear wall of the principal building on the site.
b)
At least 15.24 m. (50.00 ft.) clear of all projections from the
principal building or other accessory buildings or structures
on the site.
c)
At least 15.24 m. (50.00 ft.) from any lot line within the IG:
General Industrial and AG: Rural General Zoning Districts
and at least 60.96 m. (200.00 ft.) from any lot line within any
other Zoning District.
d)
As per insurance requirements.
e)
As per any manufacture's requirements.
5)
The outdoor solid fuel heating system building or structure shall be
developed in accordance with CSA building regulations, applicable
Provincial building code regulations and the National Building Code.
6)
Notwithstanding Section 17.11 of this By-law, the minimum height of any
chimney that is part of an outdoor solid fuel heating system building or
structure shall be 3.35 m. (11.00 ft.).
7)
The minimum separation space between a outdoor solid fuel heating
system appliance and the walls and ceiling of any building or structure within
which it is located shall 1.52 m. (5.00 ft.), as per any manufacturing
specifications or whichever is the most restrictive.
17.18 Private and Semi-Private Swimming Pools and Hot Tubs
A Private and Semi-Private Swimming Pool and Hot Tub shall comply with
the following regulations:
1)
They shall meet Provincial regulations.
2)
They shall be considered as being accessory to a permitted use and shall
be developed in accordance with Section 17.3 of this By-law.
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17.19 Projections into Yards
The following features may project into a required yard as provided for
below:
1)
Uncovered walks, wheelchair ramps, trellises, flagpoles, lighting fixtures
and lampposts.
2)
Verandas, porches, eaves, shade projections, unenclosed steps,
cantilevers, chimney or parts of a chimney, belt courses, sills, together with
any other architectural features which, in the opinion of the Designated
Officer, are of a similar character, provided such projections do not exceed
0.61 m. (2.00 ft.).
3)
Bay, oriel, or similar windows, provided that such projections do not exceed
0.61 m. (2.00 ft.).
4)
Balconies, provided such projections do not exceed 0.61 m. (2.00 ft.).
5)
Any loading space required under the regulations of this By-law, provided it
shall not be in a required front yard.
6)
An off-street parking area when comprised of parking spaces required
under this By-law, provided that no parking area in any Zoning District shall
be located within the first 4.57 m. (15.00 ft.) of a required front yard or front
separation space. This shall not prohibit the use of a required front yard for
such walkways and driveways as the Designated Officer considers
necessary.
7)
In all Residential Districts no person shall keep in any part of a site:
a)
Any commercial vehicle, loaded or unloaded, of a maximum
weight exceeding 6,804.00 kg. (15,000.00 lb.) gross vehicle
weight.
b)
Any dismantled or wrecked vehicle for more than fourteen
consecutive days unless otherwise authorized under The
Derelict Vehicle By-law.
c)
Any object or chattel which, in the opinion of the Designated
Officer or RM of Headingley, is unsightly or tends to
adversely affect the amenities of the area.
d)
Any above-ground or below-ground Bulk Storage Facility.
17.20 Special Setbacks
1)
No dwelling unit shall be located within 402.34 m. (1,320.00 ft.) of the
boundary of any active waste disposal ground unless:
a)
a Certified Professional Engineer of Manitoba determines
that there will be no migration of methane gas; and
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b)
approval has been obtained from Manitoba Conservation.
2)
No dwelling unit shall be located within 457.20 m. (1,500.00 ft.) of the
boundary of a Municipal sewage lagoon.
3)
No dwelling unit shall be located within 15.24 m. (50.00 ft.) from the edge
of a right-of-way established for the transmission of high-pressure natural
gas or the transmission of hydro electricity in excess of 100 kilovolts.
4)
No dwelling unit shall be located within 30.48 m. (100.00 ft.) from the edge
of a railway right-of-way that is in active use.
5)
No dwelling unit or farm building shall be located within an area that has
been designated as a high or medium quality aggregate area by the
Manitoba Mines Branch, unless the site has been reviewed by that Branch
and a recommendation provided that would allow development to proceed.
6)
No dwelling unit shall be located within 152.40 m. (500.00 ft.) from any
active Natural Resource Development.
7)
Any development proposal to establish a dwelling unit, farm building or
structure that exceeds a height of 30.48 m. (100.00 ft.), or to establish a
shelterbelt or similar obstruction within the flight approaches of an Aircraft
Landing Field for a distance of 1.61 km. (1.00 mile), shall be deemed to be
a conditional use.
8)
No building, structure, parking area, shelterbelt, hedge or stockpiling of
materials exceeding a height of 0.91 m. (3.00 ft.) above grade shall be
located within a triangular area of any lot adjacent to an intersection of two
public streets, with the sides of the triangular area being measured a
distance of 3.05 m. (10.00 ft.) along each lot line from the point of
intersection.
9)
In the case of a corner lot, the front yard shall be the yard abutting the front
lot line.
10)
Despite Section 17.20 (9) of this By-law, the Designated Officer may require
any corner lot to provide an additional front yard or yards other than that
required, having regard to the orientation and access of adjacent
developments.
11)
The Designated Officer may require a double fronting lots to provide a front
yard on each public roadway, other than a lane, provided that at least one
front yard shall be provided.
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17.21 Temporary Buildings and Uses
1)
A development permit for a temporary building, structure or use shall be
subject to such terms and conditions as required by Council or the
Designated Officer.
2)
Each development permit issued for a temporary building, structure or use
shall be valid for a period of not more than twelve months and may not be
renewed for more than one successive period at the same location.
3)
In all cases, temporary buildings and structures shall not exceed 92.90sm
(1,000.00sq. ft.) in area and one storey or 4.57 m. (15.00 ft.) in height, and:
a)
may be used as an office space for the contractor or
developer;
b)
excluding Neighbourhood Areas identified in the RM of
Headingley Development Plan, may be used as a temporary
placement of concrete and asphalt batch plants that are
incidental to and necessary for highway construction and
maintenance; and/or
c)
shall not be used for human habitation, except as temporary
accommodation for a caretaker, watchman or construction
workers; and
d)
shall not be detrimental to the public health, safety,
convenience and general welfare, nor detract from the
aesthetic value of the neighbourhood.
e)
unless stated in this By-law or in the terms of the permit, the
temporary use shall cease to operate 30 days after the
approval of the permit.
f)
all temporary signs associated with the temporary use or
structure shall be removed when the activity ends.
g)
the temporary use or structure shall not violate any
applicable conditions of approval that apply to a principal use
on the site.
h)
if the property is undeveloped, it shall contain sufficient land
area to allow the temporary use or structure to occur, as well
as any parking and traffic movement that may be associated
with the temporary use.
i)
tents and other temporary structures shall be located so as
not to interfere with the normal operations of any permanent
use located on the property.
j)
a temporary use is not permitted unless sufficient off-street
parking is provided to accommodate anticipated parking
needs associated with the temporary use.
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4)
Notwithstanding the regulations of this Section of the By-law, a temporary
development permit shall be issued for a Carnival development provided its
maximum permitted duration on a site, which includes the installation and
removal of all equipment and structures thereon, is five days.
5)
in addition to the above noted requirements for Temporary Buildings and
Uses, seasonal sales areas: shall not reduce the number of required off-
street parking or loading spaces below the minimums required by this By-
law; obstruct any vehicular circulation route into or through the property: and
are limited to a maximum of 60 days per each calendar year.
6)
in addition to the above noted requirements for Temporary Buildings and
Uses, farm produce outlets are limited to between April 1st to October 31st.
7)
in addition to the above noted requirements for Temporary Buildings and
Uses, temporary construction trailers or buildings shall be removed from the
premises within one month after completion of construction.
17.22 Increased Rear and Side Yard Setbacks - South Hamlet
1)
Notwithstanding anything herein contained, any building or structures
including accessory buildings on lands shown on Map 2 shall maintain a
minimum rear yard setback of 25.30 m. (83.00 ft.).
2)
Side yard setbacks for structures on lots immediately adjacent to existing
north-south rear property lines that run parallel to Alboro, Rodney,
Seekings and Wescana Streets, as shown on Map 2, shall maintain a
minimum side yard of 14.60 m. (48.00 ft.).
17.23 Increased Side Yard Setbacks - Lots 14 and 16, Block 2, Plan No.
37418 WLTO
1)
Notwithstanding anything herein contained, for the land parcel legally
described as Lots 14, Block 2, Plan No. 37418, WLTO, as shown on Map
3, the minimum westerly side yard shall be 6.096 m. (20.00 ft.).
2)
Notwithstanding anything herein contained, for the land parcel legally
described as Lots 16, Block 2, Plan No. 37418, WLTO, as shown on Map
3, the minimum easterly side yard shall be 6.096 m. (20.00 ft.).
17.24 Rail Cars, Semi-Trailers or Similar Such Containers
1)
Rail cars or semi-trailers, or similar such containers shall comply with the
following regulations:
If used for less than 90 days per calendar year:
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a)
Shall be classified as a Temporary Use.
b)
Shall be located to the rear of the principal building.
c)
Shall comply with Section 17.3 of this By-law.
If used for more than 90 days per calendar:
a)
Shall be classified as an Accessory Use.
b)
Shall be located to the rear of the principal building.
c)
Shall be placed on a secure and level foundation as
determined by the Designated Officer.
d)
Shall be painted to match the colour of the principal building
with no business identification signs as determined by the
Designated Officer.
e)
For sites less than 1.00 hectare (2.27 acres) there shall be
no more than 2 rail cars or semi-trailers, or similar such
containers; for sites between 1.00 hectares (2.27 acres) and
2.00 hectares (4.94 acres) there shall be no more than 4
rail cars or semi-trailers, or similar such containers; and for
sites greater than 2.00 hectares (4.94 acres) there shall be
no more than 6 rail cars or semi-trailers, or similar such
containers.
f)
Shall provide a solid fence around the containers
and maintain the fence in a condition that is acceptable to
the Designated Officer.
g)
Shall not allow the containers to project above the height of
the fence.
h)
Shall not stack the containers on top of other containers.
i)
Shall comply with Sections 17.3 of this By-law.
j)
Shall only be allowed in the CH: Commercial Highway;
CH-1 Site Specific Commercial Highway; IB: Industrial
Business; IG: Industrial General; and IG-1/IG-2: Site Specific
Industrial General Zoning Districts.
17.25 Canvas Buildings
1)
Canvas buildings or buildings with similar material as determined by the
Designated Officer shall not be allowed in any Residential, Commercial,
Industrial, or Community Service (excluding the Parks and Recreation
Zoning District) Zoning Districts.
17.26 Unconventional Sites
1)
Where a site is of such unique configuration that the required yards cannot
be ascertained in accordance with the definition of Yards in this By-law, the
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Designated Officer may determine the site lines and required yards. The
location and dimensions of required yards shall be consistent with the intent
of the yards specified for the Zone within which the site is located.
18.0 Parking and Loading
18.1
General
1)
When any new development is proposed, including a change of use of
existing development, or when any existing development is enlarged or
increased in capacity, then provision shall be made for off-street vehicular
parking or garage spaces in accordance with the regulations and standards
contained in this Section of the By-law as follows:
2)
Where a proposed use is not listed above, the parking regulation shall be
determined by Council which may either determine that the proposed use
is similar to one which is listed, or, if that is not the case, the Designated
Officer shall make his/her own determination as to the regulation.
3)
Where the parking space regulation is determined by reference to a unit
such as the number of bedrooms or seats, floor area, the next higher
number shall be required where the calculation results in a fractional
number of parking spaces.
4)
In the case of the multiple use of a site, the Designated Officer shall
calculate the parking required for each individual use and the total shall be
deemed to be the required parking for the site, unless the applicant can
demonstrate to the satisfaction of Council through a parking demand study
that there is a complementary use of the parking facilities which would
warrant a reduction in the parking regulations.
18.2
Parking and Loading Development Standards
1)
Except as provided below, each required non-residential off-street parking
space shall be a minimum of 2.60 m. (8.53 ft.) in width, and a minimum of
5.50 m. (18.04 ft.) in length, exclusive of access drives or aisles, ramps, or
columns. Such spaces shall have a vertical clearance of at least 2.00 m.
(6.56 ft.). For parallel parking, the length of the parking spaces which shall
be increased to 7.00 m. (22.97 ft.), except than an end space with an open
end shall be a minimum of 5.50 m. (18.04 ft.). For parking spaces other
than parallel parking spaces, up to 15.00 percent of the required parking
spaces may be of a length shorter than that required above, to a minimum
of 4.60 m. (15.09 ft.).
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TABLE 4
Off Street Parking Regulations
Use Class
Parking Spaces Required
Residential and Residential-Related Use
Classes
Bed and Breakfast Home
Single Family Dwelling
55 Plus Housing
Secondary Suite
Seniors Housing
1.00/Sleeping Accommodation
1.00/Dwelling Unit
1.00/Dwelling Unit
1.00/Secondary Suite
As Determined by the Designated Officer
Commercial Use Classes
Hotel and Motel
Eating and Drinking Establishment
Convenience and General Retail Stores
All Other Commercial Establishments
1.00/Guest Room or Sleeping Unit
1.00/4 Seats or 1.00/9.29 sq. m. (100.00
sq. ft.) of floor area, whichever is greater
1.00/18.60 sq. m. (200.00 sq. ft.) of floor
area
1.00/23.20 sq. m. (250.00 sq. ft.) of floor
area
Industrial Use Classes
All Industrial Establishments
1.00/92.90 sq. m. (1,000.00 sq. ft.) of
floor area or 1.00/5 employees,
whichever is greater
Agricultural Use Classes
Agri-Business and Agricultural Implement
Sales and Service Establishments
1.00/92.90 sq. m. (1,000.00 sq. ft.) of floor
area or 1.00/5 employees, whichever is
greater
Community Services Use Classes
Indoor Participant Recreation Service,
Religious Assembly, Private Club, Public
Library and Cultural Exhibit, and Community
Recreation Service
Outdoor Participant Recreation Service
Extended Medical Treatment Service
Public and Private Education Service
Government Service
Child Care Service
Funeral Service
1.00/5 Seating spaces or 3.05 m. (10.00
ft.) of bench space. Where there are no
fixed seats, 1.00/each 9.29 sq. m. (100.00
sq. ft.) of floor area devoted to the
assembly room floor area
1.00/1.22 sq. m. (400.00 sq. ft.) of
recreation activity as determined by the
Designated Officer
2.00/Bed
1.50/Classroom, plus 1.00/each 9.29sm
(100.00 sq. ft.) of floor area devoted to
public use
1.00/51.10 sq. m. (550.00 sq. ft.) of floor
area
1.00/2 Employees
1.00/5 Seating places
PART V
DEVELOPMENT REGULATIONS
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2)
Aisles shall be a minimum of 7.00 m. (22.97 ft.) wide for 90.00 degree
parking, 5.50 m. (18.04 ft.) wide for 60.00 degree parking, and 3.60 m.
(11.81 ft.) wide for 45.00 degree and parallel parking.
3)
Except as otherwise provided for in this By-law, for any non-residential use
no parking spaces shall be within the first 4.57 m. (15.00 ft.) of a required
front yard.
4)
For Residential and Residential-Related Use Class developments, the
required parking spaces shall be wholly provided on the same site as the
principal building. For all other uses, the parking spaces shall be located
not more than 100.00 m. (328.08 ft.) from the principal building, unless
otherwise approved by Council. Such distance shall be measured along an
accessible public roadway from the nearest point of the parking area to the
nearest point of the site where the principal building or use is located.
5)
Every off-street parking and loading space provided or required in the CC:
Commercial Central, CH-1 Site Specific Commercial Highway or CH:
Commercial Highway Zoning Districts shall be hard surfaced if such area
lies in front of the principal building.
6)
Every off-street parking and loading space provided or required in the CC:
Central Commercial, CH-1 Site Specific Commercial Highway, CH:
Commercial Highway, or IB: Industrial Business Zoning District, including
the access thereto, shall be hard surfaced if the access is from a public
roadway which is hard surfaced.
7)
Any area at the rear of the principal building provided or required for off-
street parking and loading space in the CC: Central Commercial, CH-1 Site
Specific Commercial Highway, CH: Commercial Highway, IB: Industrial
Business, IG-1/IG-2 Site Specific Industrial General or IG: Industrial
General Zoning Districts need not be hard surfaced, but shall be of such a
surface that will minimize the carrying of dirt or foreign matter onto the public
roadway.
8)
Where off-street parking for fifty or more vehicles is provided at grade on a
site, there shall be landscaped open space within the parking area.
Landscaped open space in the parking areas shall be provided in the
minimum amount of 1.50sm (16.15sq. ft.) for each parking space. The
required landscaping shall not be located in one area, and shall be placed
within the parking area so as to break up large areas of parking and to
provide visual relief.
9)
An accessory off-street parking area associated with commercial, industrial,
institutional, educational or major recreational uses as determined by the
Designated Officer shall be provided with bumber guards, masonry walls or
ornamental fences in order to prevent a vehicle from encroaching onto
PART V
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RURAL MUNICIPALITY OF HEADINGLEY
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ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
public or private property. Said bumper guards, masonry walls or
ornamental fences shall be maintained in good condition at all times.
10)
The accessory off-street parking spaces provided for a use shall be solely
for the parking of automobiles of employees, occupants, patrons or visitors
of such use; and shall not be used for major motor vehicle repair work as
determined by the Designated Officer.
11)
A parking area having eight or more parking spaces and which is visible
from an abutting site in a Residential District shall be fenced or have a
screen planting. The location, length, thickness and height of such fence or
screen planting shall be in accordance with the landscaping plan.
STREET
SIDEWALK
18.3
Accessible Parking
1)
Out of the total number of required off-street parking spaces, the owner
must provide a portion of those spaces so as to be accessible to persons
with disabilities. Each such space:
(a)
the width of each required accessible space must be a least
3.05 m. (10.00 ft.); and for every 10 accessible parking
spaces required to be provided, at least 1 space must be a
minimum of 2.44 m. (8.00 ft.) wide and must have an
adjacent loading and manoeuvring area of at least 2.44 m.
(8.00 ft.);
(b)
must be located within 60.96 m. (200.00 ft.) of major building
entrances used by residents, employees, or the public; and
PART V
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ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
(c)
must include signage reserving the space for the use by
persons with disabilities.
2)
At least 1 curb ramp must be located within 30.48 m. (100.00 ft.) of the
auto parking space closest to each entrance to a principal or accessory
building that is not a service entrance.
3)
Accessible parking space requirements are as follows:
TABLE 5
Accessible Parking Space Requirements
Total Required Parking Spaces
Min. No. of Accessible Parking
Spaces Required
1-25
1
25-50
2
51-75
3
75-100
4
101-150
5
151-200
6
Over 200
7
18.4
Parking Restrictions
1)
For single family dwellings in the R-20: Residential Single Family Zoning
District, the following vehicles may be parked, provided that all yard
requirements and other zoning regulations are complied with and the total
number of vehicle does not exceed six (6) per dwelling:
a)
a maximum of 4 licensed passenger vehicles;
b)
licensed recreational vehicles;
c)
1 licensed travel trailer or 1 licensed motor home; and/or
d)
1 licensed truck with a registered gross vehicle weight of less
than 6804.00 kg. (15,000.00 lb.), provided that approval is
granted by the
Municipal Council.
2)
Any unlicensed vehicles shall be in compliance with Section 17.3 of this By-
law.
PART V
DEVELOPMENT REGULATIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 108
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
18.5
Off Street Loading
1)
When any new development is proposed including a change of use of
existing development, or when any existing development is, in the opinion
of the Designated Officer, substantially enlarged or increased in capacity,
off-street vehicular loading and unloading spaces shall be provided in
accordance with the following:
a)
For all Commercial Use Class developments excluding
Professional, Financial and Office Support Services:
i)
One space shall be required for less than 464.50 sq. m.
(5,000.00
sq. ft), two spaces for 464.50 sq. m. (5,000.00
sq. ft.) to 1,486.40 sq. m. (16,000.00 sq. ft.) and one space for
each additional 2,300 sq. m. (24,757.80 sq. ft.).
b)
For all Professional, Financial and Support Services, as well
as all Industrial, Basic Service, or Community, Educational,
Recreational, and Cultural Service Use Class developments:
i)
One space shall be required for up to 2,787.00 sq. m
(30,000.00 sq. ft.) and one additional space up to a
maximum of five for each additional
3,716.00
sq.
m
(40.000.00 sq. ft.).
2)
All loading and unloading spaces shall be located on the site so that all
materials and commodities loaded or unloaded can be easily collected or
distributed within the site, to and from all tenants or occupants. Access shall
be so arranged that no backing or turning movements of vehicles going to
or from the site causes interference with traffic on the adjoining or abutting
public roadways, lanes, sidewalks, or boulevards.
3)
Loading and unloading spaces shall be of adequate size and with adequate
access, both to the satisfaction of the Designated Officer, to accommodate
the types of vehicles which will be loading and unloading, without those
vehicles projecting into a public roadway. In no case shall the space be
less than 27.87 sq. m. (300.00 sq. ft), or less than 2.60 m. (8.53 ft.) wide, or
have less than 3.70 m. (12.14 ft.) of overhead clearance.
19.0 Signs
19.1
General
1)
No person shall erect a sign without first obtaining a development permit
from the Designated Officer and no development permit to erect a sign shall
be issued unless all the sign regulations of this By-law have been satisfied.
PART V
DEVELOPMENT REGULATIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 109
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
2)
Where regulations of this By-law are inconsistent with the regulations
respecting signs on or near public highways made or administered by
Manitoba Department of Transportation & Government Services, the more
restrictive regulations shall apply.
3)
Signs are considered accessory uses and shall be developed in accordance
with Section 17.3 of this By-law.
4)
No sign shall be erected, operated, used or maintained which:
a)
due to its position, shape, colour, format or illumination
obstructs the view of, or may be confused with, an official
traffic sign, signal or device, as determined by the Designated
Officer or Council;
b)
display lights resembling the flashing lights usually associated
with danger or those used by police, fire, ambulance and other
emergency vehicles;
c)
allows a swinging motion;
d)
except for Community Service Clubs and Religious
Assemblies, is not related to any business upon the site where
the sign is located;
e)
is located on a public right-of-way or sidewalk; and
f)
contains a trademark or emblem other than a trademark or
emblem that is registered or copyrighted in the name of the
applicant.
5)
Where a sign contravenes the regulations of this By-law, Council may, by
notice in writing, order the owner or the person responsible for the
contravening sign to take such measures as are specified in the notice to
alter the sign so that it complies with the regulations of this By-law, or
remove the sign.
19.2
Abandoned Signs
1)
Where a Designated Officer finds a sign to be abandoned, the Designated
Officer may, after resolution of the RM of Headingley Council, by notice in
writing or by registered mail, order the registered owner, the person in
possession of the site or building or the person responsible for the
abandoned sign to remove the sign within twenty days after receipt of the
notice, or take such measures as are specified in the notice to alter and
refurbish the sign so that it correctly identifies the business, or the products
and services offered on the site where the sign is displayed.
2)
Failure to remove abandoned or unlawful signs, or to comply with the
measures specified in the notice by the RM of Headingley Council, shall
result in the removal of the sign by the Municipality with the owner or the
PART V
DEVELOPMENT REGULATIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 110
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
person responsible for the contravening sign assuming liability for all
removal costs.
19.3
General Sign Regulations
1)
Quality, aesthetic character, and finishing of sign construction shall be to
the satisfaction of the Designated Officer or the RM of Headingley Council.
2)
No signs shall be erected in a Residential District except those expressly
provided for in this Section of the By-law.
3)
Where the architectural design and appearance of a building facade for a
multiple business occupancy are uniform, signs or individual businesses
located on the same facade shall, in the opinion of the Designated Officer
or the RM of Headingley Council, be similar as to proportion, materials, and
placement such that they present a pleasing architectural appearance.
4)
For the purposes of this Section of the By-law, where a lot is occupied by
more than one business (i.e. multiple occupancy) each business shall be
considered a separate business.
5)
Signs shall be developed in accordance with Table 6.
19.4
Canopy, Awning, Fascia and Freestanding Signs
1)
Fascia signs shall not have letters over 0.60 m. (1.97 ft.) high and which
exceed 80.00 percent of the building width.
2)
Free standing signs are limited to no more than one per lot, except on a
corner lot or through lot. The Designated Officer or the RM of Headingley
Council may allow more than one free standing sign if warranted by the
circumstances.
3)
No canopy, awning, fascia or freestanding signs shall be erected over a
public right-of-way until an easement agreement has been entered into with
the Municipality and the canopy or awning sign shall comply with the
following regulations:
a)
if supported on posts or by braces, brackets or supports on or
extending over a public right-of-way, the braces, brackets or
supports shall be hidden from view and above the height of
the roof line of the canopy or awning; and
b)
not be constructed in such a manner that drainage from the
canopy or awning falls on any public right-of-way.
PART V
DEVELOPMENT REGULATIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 111
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
19.5
Portable Signs
1)
Notwithstanding anything elsewhere contained in this By-law, the
following regulations shall apply to portable signs:
a)
portable signs are only allowed in the CC: Commercial
Central, CH-1 Site Specific Commercial Highway, CH:
Commercial Highway, IB: Industrial Business, IG-1/IG-2 Site
Specific Commercial Highway or IG: Industrial General
Zoning Districts;
b)
a portable sign shall not be located, erected, placed or
displayed on any site until a permit which outlines the sign
identification number and expiry date, has been issued by
the Designated Officer;
c)
the portable sign shall be removed from the site upon the
expiry date of the portable sign permit;
d)
the maximum sign surface area of a portable sign is 4.65sm
(50.00sq. ft.);
e)
there shall be no more than one portable sign per lot, except
that for a lot with multiple occupancy there can be a
maximum of two portable signs. Where there is more than
one portable sign, the signs shall be a minimum of 19.81 m.
(65.00 ft.) apart;
f)
a portable sign shall comply with the yard regulations of the
Zoning District within which it is located;
g)
any flashing or scintillating portable signs shall not be
located within 60.96 m. (200.00 ft.) of a Residential Zoning
District boundary;
h)
no portable sign shall be placed in such a way that it may
interfere with, obstruct the view of, or be confused with an
authorized traffic signal, warning sign or other regulatory or
informational device, and in no circumstances shall it be
located within 3.05 m. (10.00 ft.) from the nearest part of any
exit or entrance driveway;
i)
the maximum height of a portable sign shall be 3.05 m.
(10.00 ft.) measured from grade to the highest part of the
sign;
j)
the maximum permitted duration for a portable sign on a site
is ninety consecutive days per calendar year;
k)
each business on a site with multiple occupancy shall be
allowed to have one portable sign on the site for a maximum
permitted duration of ninety consecutive days per calendar
year; and
l)
the applicant for the portable sign shall pay the applicable
fees, sign a letter indicating that they will comply with these
PART V
DEVELOPMENT REGULATIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 112
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
regulations, and agree to a date that the portable sign will be
removed.
m)
no portable sign shall be erected, operated, used or
maintained which is not related to any business upon the site
where the sign is located.
PART V
DEVELOPMENT REGULATIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 113
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
TABLE 6
Sign Regulations
Use Class
Types of Signs
Maximum Sign Area
Maximum Sign
Height
Residential and
Residential-
Related
Identification
Real Estate
0.37sm (4.00sq. ft.)
0.74sm (8.00sq. ft.)
3.05 m. (10.00 ft.)
3.05 m. (10.00 ft.)
Agricultural and
Natural Resource
Identification
2.97sm (32.00sq. ft.)
10.67 m. (35.00
ft.)
Commercial and
Industrial Use
Class
Developments
That Have
Frontage On Either
The Trans Canada
Highway or The
Perimeter Highway
As Determined By
The Designated
Officer
Business Identification
(if attached to a building
only)
Business Identification
(if free standing only)
Business Identification
(if attached to a building and
free standing)
25.00 percent of the building
face for each business (with
only the front wall of the
building facing the public
street being eligible), to a
maximum of 18.58 sq. m.
(200.00 sq. ft) for single
occupancy and a combined
maximum of 55.74 sq. m.
(600.00 sq. ft) for multiple
occupancy
18.58 sq. m. (200.00 sq. ft)
for a single occupancy site
and 83.61 sq. m. (900.00 sq.
ft) for a multiple occupancy
site
37.16 sq. m. (400.00 sq. ft.)
for a single occupancy site,
55.74 sq. m. (600.00 sq. ft.)
for a multiple occupancy site
of two businesses, 74.32 sq.
m. (800.00 sq. ft.) for a
multiple occupancy site of
three businesses and 92.90
sq. m. (1,000.00 sq. ft.) for a
multiple occupancy site of
more than 3 businesses
10.67 m. (35.00
ft.)
10.67 m. (35.00
ft.)
10.67 m. (35.00
ft.)
PART V
DEVELOPMENT REGULATIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 114
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
All Other
Commercial and
Industrial Use
Class
Developments
Business Identification
(if attached to a building
only)
Business Identification
(if free standing only)
Business Identification
(if attached to a building and
free standing)
20.00 percent of the building
face for each business (with
only the front wall of the
building facing the public
street being eligible), to a
maximum of 9.29 sq. m.
(100.00 sq. ft) for single
occupancy and a combined
maximum of 18.58 sq. m.
(200.00 sq. ft) for multiple
occupancy
9.29 sq. m. (100.00 sq. ft) for
a single occupancy site and
18.58 sq. m. (200.00 sq. ft)
for a multiple occupancy site
18.58 sq. m. (200.00 sq. ft.)
for a single occupancy site,
27.87 sq. m. (300.00 sq. ft.)
for a multiple occupancy site
of two businesses, 37.16 sq.
m. (400.00 sq. ft.) for a
multiple occupancy site of
three businesses or more
10.67 m. (35.00
ft.)
10.67 m. (35.00
ft.)
10.67 m. (35.00
ft.)
Community
Services
Identification Sign
(if attached to a building or
free standing)
2.32 sq. m. (25.00 sq. ft.) if
the site abuts the site of a
Residential Use Class
development and 4.65 sq. m.
(50.00 sq. ft.) in other Zoning
Districts
10.67 m. (35.00
ft.)
PART V
DEVELOPMENT REGULATIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 115
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
19.6
Temporary Signs
1)
Notwithstanding anything elsewhere contained in this By-law, the
following regulations shall apply to a temporary sign that provides
information dealing with a land development project:
a)
the maximum sign surface area is 13.94 sq. m. (150.00 sq. ft.);
b)
the sign shall comply with the yard regulations of the Zoning
District within which it is located;
c)
the sign shall be placed in such a way that it will not interfere
with, obstruct the view of, or be confused with an authorized
traffic signal, warning sign or other regulatory or informational
device, and in no circumstances shall it be located within 3.05
m. (10.00 ft.) from the nearest part of any exit or entrance
driveway;
d)
the sign is only allowed to be placed at the location of the land
development project;
e)
the sign shall be removed within thirty days of the last sale of
any lots or buildings or at the discretion of the Designated
Officer; and
f)
the applicant shall pay the applicable fees and sign a letter
indicating that they will comply with these regulations.
2)
Notwithstanding anything elsewhere contained in this By-law, the following
regulations shall apply to other temporary signs:
a)
the maximum sign surface area shall be 4.65sq. m. (50.00 sq.
ft.);
b)
the sign shall comply with the yard regulations of the Zoning
District within which it is located;
c)
the sign shall be placed in such a way that it will not interfere
with an authorized traffic signal, warning sign or other
regulatory or informational device, and in no circumstances
shall it be located within 3.05 m. (10.00 ft.) from the nearest
part of any exit or entrance driveway;
d)
the sign shall be removed within seven days after the date of
the advertised community event or at the discretion of the
Designated Officer; and
e)
the applicant shall pay the applicable fees and sign a letter
indicating that they will comply with these regulations.
PART V
DEVELOPMENT REGULATIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 116
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
20.0 Performance Standards
20.1
Performance Standards for Industrial Use Class Developments
20.1.1
Applicability
All Industrial Use Class developments shall comply with the performance
standards of this Section of the By-law and other requirements in applicable
Federal, Provincial or Municipal legislation. Where in the opinion of the
Designated Officer, a use may not comply with the said performance
standards or requirements, he/she may require that the applicant submit a
statement from a Certified Professional Engineer of Manitoba confirming
that the proposed use satisfies the said performance standards or
requirements.
20.1.2
Emission of Air and Water Contaminants
1)
No operations or activity shall emit air and water contaminants in excess of
the standards prescribed by the Province of Manitoba pursuant to The
Environment Act and the regulations pertaining thereto.
20.1.3
Noise
1)
No activity or operation shall cause, or permit to be caused, a noise level at
or inside the lot line of a site in a Residential Zoning District which exceeds
the regulations of the Province of Manitoba pursuant to The Environment
Act and regulations pertaining thereto, or applicable Municipal Noise By-
laws, as amended.
20.1.4
Appearance
1)
All Industrial Use Class developments in the IB: Industrial Business Zoning
District shall comply with the following appearance standards:
a)
All loading, service, trash collection and accessory storage
areas, and trucking yards shall be located to the rear or
sides of the principal building, and shall be screened from
view from any public roadway and from adjacent sites, by
building walls, landscape materials, berms, fences or a
combination thereof, from the ground to a height of 2.00 m.
(6.56 ft.).
b)
The Designated Officer may require that exposed projections
outside the building such as mechanical and electrical
equipment, transformer ducts, and materials handling
PART V
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Page 117
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
equipment be screened from view from any public roadway,
or from adjacent sites if, in his/her opinion, such projections
are inconsistent with the character and appearance of
surrounding development or the intended visual qualities of
the said Zoning District.
c)
All buildings shall be constructed and finished with durable
materials designed to maintain the initial appearance of the
development throughout the life of the project. The
Designated Officer may require that the appearance of
metal, or concrete block walls exposed to public view from
beyond the site be improved where, in his/her opinion, such
walls are inconsistent with the finishing materials or
appearance characteristic of surrounding development.
2)
Any use or activity in the IG: Industrial General or IG-1/IG-2: Site Specific
Industrial General Zoning Districts shall comply with the following
appearance standards:
a)
All outdoor service, assembly, trash collection and storage
areas including the trucking yards associated with such
activities shall be located to the rear or sides of the principal
building. Loading and trash collection facilities serving
office, warehouse and similar developments, where the
handling or assembly of goods is carried on within a building,
shall be allowed to the rear, sides or front of the principal
building.
b)
Outside display areas are permitted to the side or front of the
principal building, provided that such displays are limited to
examples of equipment or material related to the industry or
business located on the site.
20.2
General Performance Standards for Residential Use Class
Developments
Residential uses shall comply with the following standards:
1)
In any development, the design, use of exterior finishing materials and
construction shall be to the satisfaction of the Designated Officer or RM of
Headingley Council who shall require, as far as reasonably practicable, that
materials will be used which ensure that the standard of the buildings will
be similar to, or better than, the standard of surrounding development.
2)
The Designated Officer or RM of Headingley Council may require that the
appearance of walls exposed to public view from beyond the site be
improved where the appearance of such walls is inconsistent with the
finishing standards of surrounding development.
PART V
DEVELOPMENT REGULATIONS
RURAL MUNICIPALITY OF HEADINGLEY
Page 118
ZONING BY-LAW NO. 3-2011 (Consolidated Version - July 2018)
20.3
General Performance Standards for Commercial Use Class
Developments
Commercial uses shall comply with the following standards:
1)
All commercial developments:
a)
shall be designed to:
i)
convey an image of cohesive appearance and
architectural character;
ii)
ensure that offices, reception and public use areas
are easily identifiable and visible from the public
roadway; and
b)
shall be constructed and finished with durable materials to
maintain the initial appearance of the development
throughout the life of the project.
2)
The Designated Officer or RM of Headingley Council may require that the
appearance of walls exposed to public view from beyond the site of a
commercial development be combined with other materials where, in
his/her or the RM of Headingley Council's opinion, such walls are
inconsistent with the finishing materials or appearance characteristics of
surrounding developments.
3)
The location of the principal building on a site of a commercial development
shall take into account:
a)
the setbacks and building placements on adjacent sites; and
b)
the micro-climatic effects including shading of adjacent
buildings or sites.
4)
Garbage collection, loading, storage or outdoor service areas for
commercial developments shall be developed in accordance with Section
17.13 of this By-law and the following:
a)
All outdoor storage shall be related to the business on the
site.
b)
There shall be no outdoor storage of objects or chattels
which, in the opinion of the Designated Officer or RM of
Headingley Council are unsightly or adversely affect the
character or appearance of the site or surrounding
developments.
c)
Shall not be located in the Front Yard.
PART VI - ZONING MAPS
APPENDICES
APPENDIX A
DISTRICT INTENT CHARTS
APPENDIX A - ZONING DISTRICTS TABLE
Rural Municipality of Headingley Zoning By-law No. 3-2011
Residential Zoning Districts
SR-1
Residential Single Family
To accommodate serviced single family dwellings and associated or
compatible uses.
SR-2
Residential Single Family
To accommodate serviced single family dwellings and associated or
compatible uses.
SR-3
Residential Single Family
To accommodate serviced single family dwellings and associated or
compatible uses.
SR-4
Residential Single Family
To accommodate serviced single family dwellings and associated or
compatible uses.
SR-5
Residential Single Family
To accommodate serviced single family dwellings and associated or
compatible uses.
R-20
Residential Single Family
To accommodate serviced single family dwellings and associated or
compatible uses.
RR1-A Planned Unit Development
To allow a planned unit residential development.
RR1-B Planned Unit Development
To allow a planned unit residential development.
RR1-C Planned Unit Development
To allow a planned unit residential development.
RR1-D Planned Unit Development
To allow a planned unit residential development.
RR1-E Planned Unit Development
To allow a planned unit residential development.
RR1-F Planned Unit Development
To allow a planned unit residential development.
RR1-G Planned Unit Development
To allow a planned unit residential development.
RR1-H Planned Unit Development
To allow a planned unit residential development.
RR1-I
Planned Unit Development
To allow a planned unit residential development.
RMU-1 Residential Mixed Use
To establish a residential mixed use zone.
RMU-2 Residential Mixed Use
To establish a residential mixed use zone.
RM
Residential Multi-Family
To establish a zone to allow for multi-family housing.
RR1
Rural Residential
To accommodate single family dwellings and associated or compatible uses
in a semi-urban setting.
RR2
Rural Residential
To accommodate single family dwellings and associated or compatible uses
in a semi-rural setting.
RR5
Rural Residential
To accommodate single family dwellings and associated or compatible uses
in a semi-rural setting.
APPENDIX A - ZONING DISTRICTS TABLE
Rural Municipality of Headingley Zoning By-law No. 3-2011
Commercial Zoning Districts
CC
Commercial Central
To accommodate commercial, residential, office and service uses within the
community.
CH
Commercial Highway
To accommodate high quality commercial development along major
roadways.
CH-1
Site Specific Commercial Highway
To control permitted and conditional commercial land uses along Roblin
Boulevard.
Industrial Zoning Districts
IB
Industrial Business
To accommodate light industrial and related businesses which carry out their
operations primarily within an enclosed building and with limited outdoor
storage or operational characteristics.
IG
Industrial General
To accommodate a wide range of general industrial uses within the
Municipality.
IG-1/IG-2 Site Specific Industrial General
To create site specific land use controls for certain industrial land uses within
the community.
Rural Zoning Districts
DR
Development Reserve
To reserve land for future community development.
AG-5
Rural Agricultural
To accommodate single family dwellings and associated or compatible uses
in a semi-rural setting.
RU
Rural General
To accommodate general agricultural uses (excluding new livestock
production operations) and other rural uses that is related to or compatible
with farming activities.
Community Service Zoning Districts
PR
Open Space Recreation
To accommodate active and passive recreational uses and landscaped
buffers.
I
Institutional
To accommodate public and privately owned facilities of an institutional,
governance or community service nature.
Rural Municipality of Headingley Zoning By-law No. 3-2011
APPENDIX B
PERMITTED AND CONDITIONAL USE CHARTS
APPENDIX B - Permitted and Conditional Use Table
P - Permitted Use
C - Conditional Use
Multi-
Family
Use Classes (1)(2)
Page
Ref.
SR-1 SR-2 SR-3 SR-4 SR-5 R-20 RR1 RR2 RR5 RR-1ARR-1B RR-1CRR-1D RR-1E RR1-F RR1-G RR-1H RR-1I
RMU-1
RMU-2
RM
Agricultural Use Class
Agri-Business
47
Agricultural Activities
47
Agricultural Crop Protection Warehouse
47
Agricultural Implement Sales and Service
47
Agricultural Product Storage
47
Agricultural Support Industry
47
Equestrian Establishment
48
Farm Produce Outlet
48
C
Farmstead Dwelling
48
Grain Handling Facilities
48
Livestock Operation - Existing
48
Sec. 16.5
Residential Related Farm
48
C
C
Sec. 16.6
Specialized Agriculture
48
Vacation Farm Operation
49
Commercial Use Class
Aircraft Landing Field
49
Airport and Related Facilities
49
Amusement Establishment
49
Animal Shelter and Veterinarian Service
49
Auctioneering Establishment
49
Automotive Service and Equipment Repair Shop
49
Automotive and Recreational Vehicle Sales
49
Broadcasting and Motion Picture Studio
50
Building Material Sales
50
Business Support Service
50
Car Broker
50
Sec. 16.3
Carnival
50
Commercial Mall
50
Commercial Resort
50
Commercial School
51
C
Contractor Service, General
51
Contractor Service, Limited
51
Convenience Vehicle Rental
51
Residential
Residential - Site Specific
Use Specific
Standards
Residential-
Mixed Use
APPENDIX B - Permitted and Conditional Use Table
P - Permitted Use
C - Conditional Use
Multi-
Family
Use Classes (1)(2)
Page
Ref.
SR-1 SR-2 SR-3 SR-4 SR-5 R-20 RR1 RR2 RR5 RR-1ARR-1B RR-1CRR-1D RR-1E RR1-F RR1-G RR-1H RR-1I
RMU-1
RMU-2
RM
Residential
Residential - Site Specific
Use Specific
Standards
Residential-
Mixed Use
Custom Manufacturing Establishment
51
Drive-Through Food Service
51
Sec. 16.10
Eating and Drinking Establishment
51
Equipment Rental and Sales
52
Fleet Service
52
Funeral Service
52
Gas Bar
52
Sec. 16.10
Greenhouse, Plant & Tree Nursery
52
Health Service
52
Hotel
52
Household Repair Service
52
Mini-Warehouse and Self-Storage
53
Sec. 16.14
Mobile Catering Food Service
53
Motel
53
New Vehicle Storage
53
Non-Accessory Commuter Parking
53
Outdoor Amusement Establishment
53
Personal Service Shop
51
Pet Cemetery
53
Pet Day Care
53
Pet Grooming
53
Private Club
53
Professional, Financial and Office Support
54
Solar Collector (Commercial)
54
Rapid Drive-Through Vehicle Service
54
Sec. 16.10
Recycling Depot
54
Retail Store, Convenience
54
C
C
Retail Store, General
54
Service Station
54
Sec. 16.10
Small Animal Breeding/Boarding Establishment
55
Sec. 16.8
Spectator Entertainment Establishment
55
Storage, General
55
Tourist Campsite
55
Truck and Mobile Home Sales/Rentals
55
Trucking Operation
55
Truck Stop
55
Warehouse Sales
56
APPENDIX B - Permitted and Conditional Use Table
P - Permitted Use
C - Conditional Use
Multi-
Family
Use Classes (1)(2)
Page
Ref.
SR-1 SR-2 SR-3 SR-4 SR-5 R-20 RR1 RR2 RR5 RR-1ARR-1B RR-1CRR-1D RR-1E RR1-F RR1-G RR-1H RR-1I
RMU-1
RMU-2
RM
Residential
Residential - Site Specific
Use Specific
Standards
Residential-
Mixed Use
Community Services Use Class
Cemetery
56
Child Care Service
56
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Community Recreation Service
56
P
P
P
Extended Medical Treatment Service
56
C
Government Service
56
Indoor Participant Recreation Service
56
C
C
Outdoor Participant Recreation Service
57
C
C
Private Education Service
57
C
C
C
C
C
Protective and Emergency Service
57
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Public Education Service
57
P
P
P
P
P
P
P
Public Park
57
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Public Utility Service
58
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Religious Assembly
58
C
C
C
C
Industrial Use Class
Bulk Storage Facility
58
General Industrial
58
Industrial Mall
58
Industrial Vehicle and Equipment Sales/ Rentals
58
Light Industrial
59
Small Scale Industrial
59
Processing Use
59
Transport Terminal
59
Natural Resource Development Use Class
Natural Resource Development
59
Wildlife and Conservation Reserve
59
Wind Turbine Personal Use
59
C
C
Residential Use Class
Planned Unit Development
59
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Sec. 16.7
55 Plus Housing
60
C
C
C
C
Seniors Housing
60
C
C
C
C
Multiple Family Dwelling
60
C
C
Sec. 15.17
Single Family Dwelling
60
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
Residential Related Use Class
Bed & Breakfast Home
60
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Sec. 16.2
Home Occupation
60
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Sec. 16.4
Secondary Suite
60
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Sec. 16.9
APPENDIX B - Permitted and Conditional Use Table
P - Permitted Use
C - Conditional Use
Use Classes (1)(2)
Page
Ref.
CC
CH-1
CH
IB
IG-2
IG &
IG-1
DR
AG-5
RU
PR
I
Agricultural Use Class
Agri-Business
47
C
C
C
C
Agricultural Activities
47
P
P
Agricultural Crop Protection Warehouse
47
C
C
C
Agricultural Implement Sales and Service
47
C
C
C
C
Agricultural Product Storage
47
C
C
C
C
Agricultural Support Industry
47
C
Equestrian Establishment
48
C
C
Farm Produce Outlet
48
C
C
C
C
C
C
Farmstead Dwelling
48
C
P
Grain Handling Facilities
48
C
C
Livestock Operation - Existing
48
C
C
Sec. 16.5
Residential Related Farm
48
C
C
C
Sec. 16.6
Specialized Agriculture
48
C
C
Vacation Farm Operation
49
C
C
Commercial Use Class
Aircraft Landing Field
49
C
C
C
C
Airport and Related Facilities
49
C
Amusement Establishment
49
C
C
C
C
Animal Shelter and Veterinarian Service
49
C
C
C
P
C
C
C
Auctioneering Establishment
49
C
C
C
C
C
Automotive Service and Equipment Repair Shop
49
C
C
C
C
P
Automotive and Recreational Vehicle Sales
49
C
C
C
C
C
Broadcasting and Motion Picture Studio
50
C
C
C
C
C
Building Material Sales
50
C
C
C
P
P
Business Support Service
50
P
C
P
P
P
Car Broker
50
C
C
Sec. 16.3
Carnival
50
C
C
C
C
C
C
C
C
Commercial Mall
50
C
P
Commercial Resort
50
C
Commercial School
51
P
C
P
P
P
Contractor Service, General
51
C
C
C
P
Contractor Service, Limited
51
C
C
C
P
P
C
Convenience Vehicle Rental
51
C
C
C
P
P
Custom Manufacturing Establishment
51
P
C
P
P
P
Drive-Through Food Service
51
C
C
C
C
Sec. 16.10
Commercial
Use Specific
Standards
Industrial
Community
Rural/ Reserve
APPENDIX B - Permitted and Conditional Use Table
P - Permitted Use
C - Conditional Use
Use Classes (1)(2)
Page
Ref.
CC
CH-1
CH
IB
IG-2
IG &
IG-1
DR AG-5
RU
PR
I
Commercial
Use Specific
Standards
Industrial
Community
Rural/ Reserve
Eating and Drinking Establishment
51
P
C
P
P
P
Equipment Rental and Sales
52
C
C
C
P
P
Fleet Service
52
C
C
C
P
P
Funeral Service
52
C
C
C
C
C
C
C
Gas Bar
52
C
P
C
C
Sec. 16.10
Greenhouse, Plant & Tree Nursery
52
C
C
P
P
P
C
P
Health Service
52
P
C
P
P
P
P
Hotel
52
C
C
C
C
Household Repair Service
52
P
P
P
P
Mini-Warehouse and Self-Storage
53
C
C
P
Sec. 16.14
Mobile Catering Food Service
53
P
C
P
P
P
Motel
53
C
C
C
C
New Vehicle Storage
53
C
C
Non-Accessory Commuter Parking
53
C
C
C
C
Outdoor Amusement Establishment
53
C
C
C
C
C
Personal Service Shop
53
P
C
P
P
P
Pet Cemetery
53
C
Pet Day Care
53
C
P
P
P
C
Pet Grooming
53
C
P
P
P
C
Private Club
53
C
C
C
C
C
C
Professional, Financial and Office Support
Service
54
P
C
P
P
P
C
Rapid Drive-Through Vehicle Service
54
C
C
C
C
Sec. 16.10
Recycling Depot
54
C
C
C
Retail Store, Convenience
54
P
C
P
P
Retail Store, General
54
P
C
P
C
Service Station
54
C
P
C
P
Sec. 16.10
Small Animal Breeding/Boarding Establishment
55
C
C
C
C
P
Sec. 16.8
Spectator Entertainment Establishment
55
C
C
C
C
Storage, General
55
C
P
Tourist Campsite
55
C
C
C
Truck and Mobile Home Sales/Rentals
55
C
C
P
APPENDIX B - Permitted and Conditional Use Table
P - Permitted Use
C - Conditional Use
Use Classes (1)(2)
Page
Ref.
CC
CH-1
CH
IB
IG-2
IG &
IG-1
DR AG-5
RU
PR
I
Commercial
Use Specific
Standards
Industrial
Community
Rural/ Reserve
Trucking Operation
55
C
P
Truck Stop
55
C
C
C
C
Warehouse Sales
56
C
C
P
P
Community Services Use Class
Cemetery
56
C
C
C
C
Child Care Service
56
C
C
C
C
C
C
C
C
Community Recreation Service
56
P
C
P
P
P
Extended Medical Treatment Service
56
C
C
C
Government Service
56
P
P
P
P
P
P
P
Indoor Participant Recreation Service
56
C
C
C
C
C
P
C (a)
Outdoor Participant Recreation Service
57
C
C
C
P
C (a)
Private Education Service
57
C
C
C
C
C
P
Protective and Emergency Service
57
P
C
P
P
P
P
P
P
P
P
Public Education Service
57
P
P
Public Park
57
P
P
P
P
P
P
P
P
P
P
P
Public Utility Service
58
P
P
P
P
P
P
P
P
P
P
P
Religious Assembly
58
C
C
C
C
C
C
P
Industrial Use Class
Bulk Storage Facility
58
C
C
General Industrial
58
C
C
P
Industrial Mall
58
P
P
Industrial Vehicle and Equipment Sales/ Rentals
58
C
C
C
Light Industrial
59
C
C
P
C
P
Small Scale Industrial
59
C
Processing Use
59
C
Transport Terminal
59
C
C
C
Natural Resource Development Use Class
Natural Resource Development
59
C
Wildlife and Conservation Reserve
59
P
P
Wind Turbine Personal Use
59
C
C
C
C
C
C
APPENDIX B - Permitted and Conditional Use Table
P - Permitted Use
C - Conditional Use
Use Classes (1)(2)
Page
Ref.
CC
CH-1
CH
IB
IG-2
IG &
IG-1
DR AG-5
RU
PR
I
Commercial
Use Specific
Standards
Industrial
Community
Rural/ Reserve
Residential Use Class
Planned Unit Development
59
C
Sec. 16.7
55 Plus Housing
60
C
C
C
Seniors Housing
60
C
C
C
C
Multi-Family Dwelling
60
C
Sec. 15.17
Single Family Dwelling
60
C
P
P
Residential Related Use Class
Bed & Breakfast Home
60
C
C
Sec. 16.2
Home Occupation
60
C
C
Sec. 16.4
Secondary Suite
60
C
C
Sec. 16.9
APPENDIX C
BULK REGULATIONS CHARTS
APPENDIX C - BULK REGULATIONS TABLE
Multi-Family
SR-1(i)
SR-2(i)
SR-3(i)
SR-4(i) SR-5(i)
RR20
RR1
RR2
RR5
RR1A
RR1B
RR1C
RR1D
RR1E
RR1F
RR1G
RR1H
RR1I
RMU1
RMU2
RM
Permitted and Conditional Use (d)
Site Area (min acres/sq.ft)
9,600
11,200
13,120
15,750
26,500
20,000
1 ac.
5 ac.
5 ac.
0.44 ac.
0.44 ac.
0.49 ac.
1 ac.
0.48 ac.
0.4 ac.
0.4 ac.
0.4 ac.
12200(j)
See (k)
Site Width (min feet)
70
80
80
90
90
100
140
400
400
75
80
85
140
87
85
85
85
82
100
Front Yard (min feet)
30
30
30
30
30
50
50
50
50
40
40
40
75
40
40
40
40
30
30
Side Yard (min feet)(a)
10 (h)
10 h)
10 (h)
10 (h)
10 (h)
15
15
15
15
15
15
15
15
15
15
15
15
10
15(h)
Corner Side Yard (min feet)(a)
10 (h)
10 (h)
10 (h)
10 (h)
10 (h)
20
20
25
25
15
15
15
15
15
15
15
15
10
15 (h)
Rear Yard (min feet)(a)
25 (g)
25 (g)
25 (g)
25 (g)
25 (g)
25 (g)
25 (g) 25 (g) 25 (g)
40 (g)
40 (g)
40 (g)
50 (g)
40 (g)
40 (g)
40 (g)
40 (g)
25 (g)
25 (g)
Building Height (max feet)(a)(b)
35
35
35
35
35
35
35
35
35
35
35
35
35
35
35
35
35
35
45
Dwelling Area (min sq.feet)
1,300
1,300
1300
1300
1,300
1,100
1,200 1,200
1,200
1,300
1,300
1,300
See (f)
1,300
1,300
1,300
1,300
1,100
800 (m)
Site Coverage (max percent)
40
40
40
40
40
40
20
5
5
40
40
40
20
40
40
40
40
40
60
Floor Area Ratio (FAR)
Dwelling Width (min feet)
30
30
30
30
30
21
21
21
21
21
21
21
21
21
21
21
21
21
Accessory Uses, Buildings and Structur (e)
Rear Yard (min feet)(a)
5 (g)
5 (g)
5 (g)
5 (g)
5 (g)
5 (g)
5 (g)
25 (g) 25 (g)
5 (g)
5 (g)
5 (g)
5 (g)
5 (g)
40 (g)
40 (g)
40 (g)
5 (g)
15 (g)
Side Yard (min feet)(a)
10 (h)
10 (h)
10 (h)
10 (h)
10 (h)
10
10
25
25
10
10
10
10
10
10
10
10
10 (h)
10 (h)
Corner Side Yard (min feet)(a)
10
10
10
10
10
20
20
25
25
15
15
15
15
15
15
15
15
10
15
Building Height (max feet)
18
18
18
18
18
18
18
24
24
18
18
18
18
18
18
18
18
15
18
Building Area (max sq.feet)(c)
600
600
600
600
600
600 (n) 1,100 1,800
2,000
600
600
600
600
600
600
600
600
600
(l)
(a) See also Section 17.20 Special Setbacks.
(b) Where the maximum height is 35 feet, any structure shall also not exceed 2.5 storeys.
(c) If a variation is required to increase the building area, then the minimum side yard requirement shall be increased by 1.52 m (5.00 ft.).
(d) See also Section 16.0 for Special Use regulations.
(e) See also Section 17.3 for additional regulations related to Accessory Uses.
(f) Minimum Dwelling Unit Area is 1,500.00 sq. ft. for a bungalow building and 1,800.00 sq. ft. for a 2 storey building in the Empire/Grange Subdivision.
(g) River lots shall have a rear yard setback of 100 ft. from the average summer high water level as determined by the Province of Manitoba. Further, any new building or structure shall be placed a min. of 1.52 m. (5.00 ft.) from a dedicated easement.
(h) Notwithstanding Sub-sections 17.19.2), 3) and 4) of this By-law (Projections into Yards) no features are permitted to project into a required side yard.
(i) Each dwelling unit shall have as a minimum a double attached garage.
(j) The site overall site density shall be a minimum of 18,500 sq. ft. per housing unit.
(k) The minimum site area regulation for Multiple Family Dwellings shall be 929 sq. m. (10,000 sq. ft.) for the first four dwelling units and 92.9 sq. m. (1,000 sq. ft.) for each additional dwelling unit.
(l) Maximum site coverage of 60% includes both principal and accessory uses.
(m) Minimum is on a per unit basis
(n) If the lot is greater than 21,000 sq. ft., the maximum area of an accessory building is 800 sq. ft.
Residential Mixed
Use
See
Section
15.15
See
Section
15.16
Residential
Residential Site Specific
APPENDIX C - BULK REGULATIONS TABLE
RR1ARR1BRR1CRR1DRR!-E
RMU1
Res
Agr
(f)
Other
Res
Agr
(f)
Other
Res
Agr
(f)
Other
Permitted and Conditional Uses (e)
Site Area (min acres/sq.ft)
20000sf
1
0.44
0.44
0.49
1
0.5
2
5
S
-
-
10000sf
10000sf
20
2
5
5
40
2
-
-
Site Width (min feet)
100
140
75
80
85
140
87
200
400
E
100
100
100
100
400
200
400
400
400
200
-
100
Front Yard (min feet)
50
50
40
40
40
75
40
50
50
E
15
(a)
25
25
100
100
50
50
100
100
50
50
Side Yard (min feet)(b)
15
15
15
15
15
15
15
15
15
10
20
10
10
50
25
25
25
50
25
25
25
Corner Side Yard (min feet)(b)
20
20
15
15
15
15
15
20
25
S
15
20
15
15
50
-
25
25
50
25
25
25
Rear Yard (min feet)(b)
25
25
40
40
40
50
40
25
25
E
25
25
25
25
50
25
25
25
50
25
25
25
Building Height (max feet)(b)(c)
35
35
35
35
35
35
35
35
35
C.
35
40
40
40
35
35
35
35
35
35
35
35
Dwelling Area (min sq.feet)
1100 1200 1300 1300 1300 See (h) 1300 1200 1200
-
-
-
-
1200
-
1200 1200 1200
-
-
-
Site Coverage (max percent)
40
20
40
40
40
20
40
10
5
-
-
5
5
-
-
-
-
Floor Area Ratio (FAR)
1
1
1
1
Dwelling Width (min feet)
21
21
21
21
21
21
21
21
21
15.14
-
-
-
-
21
-
21
-
21
-
-
-
Accessory Uses, Buildings and Structures (g)
Rear Yard (min feet)(b)
5
5
5
5
5
5
5
15
25
10
10
10
10
50
25
25
25
50
25
25
10
Side Yard (min feet)(b)
10
10
10
10
10
10
10
15
25
5
10
10
10
50
25
25
25
50
25
10
10
Corner Side Yard (min feet)(b)
20
20
15
15
15
15
15
20
25
10
15
15
15
50
25
25
25
50
25
15
15
Building Height (max feet)
18
18
18
18
18
18
18
24
24
20
20
20
25
24
30
24
24
24
30
20
20
Building Area (max sq.feet)(d) 1100 1100 1100 1100 1100 1100 1100 1800 2000
-
-
-
-
-
-
2000 2000
-
-
-
-
(a) All principal buildings shall be setback a min. of 50 ft. to a max. of 100 ft. from the front property line.
(b) See also Section 17.20 Special Setbacks.
(c ) Where the maximum height is 35 feet, any structure shall also not exceed 2.5 storeys.
(d) If a variation is required to increase the building area, then the minimum side yard requirement shall be increased by 1.52 m (5.00 ft.).
(e) See also Section 16.0 for Special Use regulations.
(f) Res = Residential Use Class; Agr = Agriculture Use Class
(g) See also Section 17.3 for additional regulations related to Accessory Uses.
(h) Minimum Dwelling Unit Area is 1,500.00 sq. ft. for a bungalow building and 1,800.00 sq. ft. for a 2 storey building in the Empire/Grange Subdivision.
(i) See also Section 15.11
I
Residential
Rural/Reserve
Community Service
RR5
CC
RU
Use Classes
DR
AG-5
Industrial
CH &CH-1
IB
IG, IG-1(i)& IG-2
Commercial
RR2
RR1
R-20
PR
APPENDIX D
ANIMAL UNITS CONVERSION TABLE
APPENDIX D - Animal Units Conversion Table
Livestock
A.U. Produced by One
Livestock
Livestock Producing One
A.U.
Dairy
Milking Cows, including associated livestock
2.0000
0.5000
Beef
Beef cows, including associated livestock
Backgrounder
Summer Pasture/Replacement Heifers
Feedlot Cattle
1.2500
0.5000
0.6250
0.7690
0.8000
2.0000
1.6000
1.3000
Hogs
Sows, farrow to finish
Sows, farrow to weanling
Sows, furrow to nursery
Weanlings
Growers/Finishers
Boars
1.2500
0.2500
0.3130
0.0330
0.1430
0.2000
0.8000
4.0000
3.2000
30.0000
7.0000
5.0000
Chickens
Broilers
Roasters
Layers
Pullets
Broiler Breeder Pullets
Broiler Breeder Hens
0.0050
0.0100
0.0083
0.0033
0.0033
0.0100
200.0000
100.0000
120.0000
300.0000
300.0000
100.0000
Turkeys
Broilers
Heavy Toms
Heavy Hens
0.0100
0.0200
0.0100
100.0000
50.0000
100.0000
Horses
Mares, including associated livestock
1.3330
0.7500
Sheep
Ewes, including associated livestock
Feeder Lambs
0.2000
0.0630
5.0000
16.0000
Goats
Goats
0.1400
7.0000
Other livestock or operation type
Please inquire with your regional agricultural engineer or livestock specialist