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## THE RURAL MUNICIPALITY OF LA BROQUERIE ZONING BY-LAW NO. 07-2018
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF LA BROQUERIE, IN THE PROVINCE OF MANITOBA, TO REGULATE AND CONTROL THE USE AND DEVELOPMENT OF LAND AND BUILDINGS WITHIN THE MUNICIPAL LIMITS OF THE RURAL MUNICIPALITY OF LA BROQUERIE.
WHEREAS pursuant to The Planning Act (the Act), the Rural Municipality of La Broquerie has, by By-Law, adopted The Rural Municipality of La Broquerie Development Plan By-Law No 06-2018;
AND WHEREAS the Act provides that the Council of a Municipality may adopt a Zoning ByLaw that generally conforms to a Development Plan adopted for the area;
NOW THEREFORE the Council of the Rural Municipality of La Broquerie in meeting duly assembled, enacts as follows:
1. THAT the Rural Municipality of La Broquerie By-Law No. 10-2013, and all amendments thereto and By-Law No. 12-2007 are hereby rescinded.
2. THAT the Zoning By-Law, attached hereto and marked as Schedule "A", is hereby adopted.
3. THAT this By-Law shall be known as the Rural Municipality of La Broquerie Zoning By-
4. THAT the Rural Municipality of La Broquerie Zoning By-Law shall take force and effect on the date of Third Reading of this By-law.
DONE AND PASSED AND ENACTED by Council duly assembled at the Council Chambers of the Rural Municipality of La Broquerie, this 24'h day of June, A.D. 2020.
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Lewis Weiss, Reeve
Anuuns
Anne Burns, Chief Administrative Officer
Read a First time this 27'h day of June., A.D. 2018.
Read a Second time this 10th day of June, A.D. 2020.
Read a Third time this 24th day of June, A.D. 2020.
## THE RURAL MUNICIPALITY OF LA BROQUERIE ZONING BY-LAW
BEING SCHEDULE 'A'
ATTACHED TO BY-LAW NO. 07-2018
OF
THE RURAL MUNICIPALITY OF LA BROQUERIE
## TABLE OF CONTENTS
| Part 1: Administration | Part 1: Administration | Part 1: Administration | Part 1: Administration |
|---------------------------------|---------------------------------------------------------|---------------------------------------------------------|--------------------------|
| | 1.0 Title and Contents | 1.0 Title and Contents | 1 |
| | 2.0 Non-Conforming Buildings, Structures, Lots and Uses | 2.0 Non-Conforming Buildings, Structures, Lots and Uses | 4 |
| | Zoning Maps | Zoning Maps | 6 |
| | Approval Required for Development | Approval Required for Development | 7 |
| | Other Legislation | Other Legislation | 8 |
| | Responsibilities and Duties | Responsibilities and Duties | |
| | Development Classes | Development Classes | 12 |
| | Development Permit Applications | Development Permit Applications | 16 |
| | Enforcement and Penalties | Enforcement and Penalties | 19 |
| | Rezoning Amendments | Rezoning Amendments | 20 |
| | Conditional Uses | Conditional Uses | 22 |
| | Variation Orders | Variation Orders | 24 |
| | Subdivisions | Subdivisions | 24 |
| Part II: Definitions | Part II: Definitions | Part II: Definitions | |
| | General Definitions | General Definitions | 27 |
| Part III: Zoning Districts | Part III: Zoning Districts | Part III: Zoning Districts | |
| | Zoning Districts | Zoning Districts | 66 |
| Part IV: Special Land Use Zones | Part IV: Special Land Use Zones | Part IV: Special Land Use Zones | |
| | Special Land Uses | Special Land Uses | 76 |
| | 16.1 | Applicability | 76 |
| | 16.2 | Anhydrous Ammonia Facilities | 76 |
| | 16.3 | Bed and Breakfast Homes | 76 |
| | 16.4 | Car Brokers | 77 |
| | 16.5 | Home Industries | 78 |
| | 16.6 | Home Occupations | 80 |
| | 16.7 | Livestock Operations | 81 |
| | 16.8 | Livestock Operations Producing Fewer Than 400 A.U. | 82 |
| | 16.9 | Livestock Operations Producing 400 or Greater A.U | 83 |
| | 16.10 | | 86 |
| | 16.11 | | 87 |
| | 16.12 | Planned Unit Developments, Residential | 88 |
| | 16.13 | lanned Unit Developments, Tiny Home | 88 |
| | 16.14 | 'mall Animal Breeding and Boarding Establishment | 89 |
| | 16.15 | | 90 |
| | 16.16 | Wayside Pits and Quarries | 91 |
| | 16.17 | Secondary Suites | 91 |
| | 16.18 | Wind Turbine Generator Stations | 93 |
| | 16.19 | Care Homes | 95 |
| | | 16.20 Boats, Utility Trailers and Motor Homes | 95 |
:
| | 16.21 Hobby Poultry | 95 |
|-----------------------------------------------------------------|-----------------------------------------------------------------|-------|
| | 16.22 Backyard Bee Keeping | 96 |
| | 16.23 Solar Collectors | 96 |
| 16.24 | Camping and Tenting | 97 99 |
| 16.25 | Recreational Vehicle Parks | |
| | 16.26 Equestrian Commercial Establishments | 101 |
| | 16.27 Mobile Food Vehicles and Outdoor Food Carts | 101 |
| | 16.28 Cannabis Stores | 103 |
| Part V: Development Regulations General Development Regulations | Applicability | 105 |
| | 17.2 Access to Sites | 105 |
| | 17.3 Accessory Uses, Buildings and Structures | 105 |
| 17.4 | Building Grade | 106 |
| 17.5 | Construction on Road Allowance | 107 |
| 17.6 | Composting | 107 |
| 17.7 | Connecting to Municipal Services | 107 |
| 17.8 | Excavation, Stripping and Grading | 107 |
| 17.9 | Fences | 108 |
| | 17.10 Flood Prone or Hazard Prone Lands | 109 |
| 17.11 | Hazardous Materials Storage | 111 |
| | 17.12 Height of Features | 111 |
| 17.13 | Land Drainage | 111 |
| 17.14 | Landscaping | 112 |
| 17.15 | Lighting of Sites | 114 |
| 17.16 | Moving of Structures | 114 |
| | 17.17 Noxious or Offensive Sites | 114 |
| | 17.18 Outdoor Solid Fuel Heating System Buildings or Structures | 115 |
| | 17.19 Private and Semi-Private Swimming Pools and Hot Tubs | 115 |
| 17.20 Ponds | | 116 |
| BEL | 17.21 Projections into Yards | 117 |
| | 17.22 Special Setbacks | 118 |
| 17.23 | Shipping Containers or Similar Such Containers | 119 |
| | 17.24 Fabric Covered Structures | 119 |
| | 17.25 Lots Adjacent to Stormwater Retention Areas | 120 |
| | | 120 |
| | | 121 |
| | | 124 |
| | | 125 |
| | | 125 |
| 19.0 | 19.0 | |
| 19.1 | General | 126 |
| 19.2 | Abandoned Signs | 127 |
| | 19.3 | General Sign Regulations | 127 |
|------|-----------------------|------------------------------------------------------------------|-------|
| | 19.4 | Canopy, Awning, Fascia and Freestanding Signs | 128 |
| | 19.5 | Portable (Mobile) Signs | 128 |
| | 19.6 | Temporary Signs | 131 |
| | 19.7 | Advertising Signs | 131 |
| 20.0 | Performance Standards | Performance Standards | |
| | 20.1 | Performance Standards for Industrial Use Class Developments | 132 |
| | 20.2 | Performance Standards for Residential Use Class Developments | 134 |
| | | 20.3 Performance Standards for Commercial Use Class Developments | 134 |
## Part VI: Zoning Maps
## Appendices
Appendix A - Zoning Districts
Appendix B - Permitted and Conditional Uses
Appendix C - Bulk Regulations
Appendix D - Animal Units Conversion
## PART I - ADMINISTRATION
## 1.0 Title and Contents
## 1.1 Title
This By-law may be cited as the RM of La Broquerie Zoning By-law.
## 1.2 Effective Date
- 1) This By-law shall be in full force and effect when the RM of La Broquerie Council has given it Third Reading.
## 1.3 Intent and Purpose
The regulations established by this By-law are deemed necessary in order:
- To ensure general conformance with the objectives and policies of the RM of La Broquerie Development Plan.
- 2) To outline the powers and duties of the RM of La Broquerie Council, the Designated Officer, and the landowner and/or developer as they relate to this By-law.
- To regulate the following:
- all buildings and structures erected hereafter;
- c) all structural alterations or relocations of existing buildings and structures occurring hereafter; and
- all uses or changes in use of all buildings, structures and land established hereafter;
- 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:
- 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.
- 3) Part III - Zoning Districts (Section 15), outlines the Zoning Districts Permitted and Conditional Uses and Bulk Regulations for Zoning Districts
2. Part IV - Special Land Uses (Section 16) outlines additional regulations for specific land uses.
3. Part V - Development Regulations (Sections 17 to 20), outlines General Development Regulations and Special Land Use Regulations.
4. Part VI - Zoning Maps is comprised of the Zoning District Maps.
## 1.5 Headings, Titles and Appendices
- Despite any other provision of this By-law or any other By-law passed by the RM of La Broquerie 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
- Words, phrases and terms defined herein shall be given the defined meaning.
- Words, phrases and terms neither defined herein nor defined in By-laws of the RM of La Broquerie shall be given their usual and customary meaning except where, in the opinion of the Council, the context indicates a different meaning.
- 3) The phrase "used for" includes "arranged for", "maintained for", "designed for"; or "occupied for"
- 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;
- c) either-or indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
- or indicates that all the connected items, conditions, provisions or events may apply singly or in combination; and
- 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 sist in interpreting and understanding the By-law. Where any conflict ‹ consistency arises between a drawing or illustration and the text of tl 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.
4. If a use is not specifically listed in the zones or deemed similar by the Designated Officer as provided for in Section 14.3 of this By-law, the use is not permitted.
## 1.7 Regulation of Uses
- 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:
- is listed in the Zoning District clauses as:
- i) a permitted use development;
- ii) a conditional use development, subject to approval as such;
or
- ili) is an accessory use, building or structure; or
- iv) has been granted a use variance as per the Act.
- Where any land, building or structure is used for more than one purpose, all covisions of the Bystic relating to each sha pallail, e. Wh es there vise I, except as otherwis approved by the RM of La Broquerie Council.
- 3) There shall be a maximum of one dwelling unit per lot or parcel of land, seepi for the to units that are required for employees or family members,
- b) Single Family Dwellings, Two Family Dwellings, Multiple Family Mobile Home Dwellings, Secondary Suites or Secondary Farm Dwellings as provided for in this By-law; and
- who in the opinion of Council, will be actively involved in ar agricultural operation;
- Mobile Home Dwellings in a mobile home park that has been approved by Council.
## 1.8 Units of Measurement
- This By-law contains imperial and metric measurements. Where there is a discrepancy between two measurements provided, imperial shall prevail.
## 1.9 Control of Development
- No development, other than that designated in Section 7.1, shall be undertaken in the RM of La Broquerie unless an application has been approved and the development permit has been issued.
## 1.10 Validity
- 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
- 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
- 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 ither on the effective date of this By-law or amendments thereto, shall b 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.
- 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.
- 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.
- A non-conforming building may continue to be used, but the building shall not be enlarged, added to, rebuilt or structurally altered except:
- as may be necessary to make it a conforming building; or
- as may be necessary to allow the building to conform to building standards.
- b) as the Designated Officer considers necessary for the routine maintenance of the building; or
- 9) Where a building or structure that does not conform to the provisions of this By-law or amendments thereto is destroyed or damaged to an extent that is 50.00 percent or more of the assessed value of the building or structure above its foundation, the building or structure shall not be repaired or rebuilt except in conformity with the provisions of this By-law.
- 10) The use of land or the use of a building is not affected by change of ownership, tenancy or occupancy of the land or building.
- 11) Despite Section 2.0 (1) to Section 2.0 (10), as per the Act a non-conformity may be altered by way of variation order by Council
- 12) Any owner may apply to the Designated Officer for a Non-Conforming Certificate in accordance with the provisions of the Act.
## 3.0 Zoning Maps
## 3.1 Authority of District Maps
- The Zoning District Maps are Part VI of this By-law, which divides the municipality into Zoning Districts and specifies regulations applying to
## 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:
- 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.
- Where a Zoning District boundary is shown approximately following Municipal limits, it shall be deemed to be following Municipal limits.
- 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.
- Where a Zoning District is shown as approximately following a topographic contour line or a top-of-bank line, it shall be deemed to follow the said line. In the event of a change in the said line, it shall be deemed as moving with that line.
- 6) Where a Zoning District boundary is shown as being parallel to or as an extension of features noted above, it shall be so construed.
- 7) Where features on the ground are at variance with those shown on the Zoning District Map or in other circumstances not mentioned above, the Designated Officer shall interpret the Zoning District boundaries. Any such decision may be appealed to Council.
- 8) Where a Zoning District boundary is not located in conformity to the provisions of Section 3.2(1) to Section 3.2(7) of this By-law, and in effect
divides or splits a registered parcel of land into more than one Zoning District:
- 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
- Despite anything contained in this By-law, no Zoning District shall be deemed to apply to any public roadway and any public roadway may be designed, constructed, widened, altered, redesigned and maintained in such manner as may be determined by Council.
- 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.
- 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
- No person shall:
- commence, or cause or allow to be commenced, a development without a development permit which has been issued under the provisions of this By-law; or
- b) carry on, or cause or allow to be carried on a development without a development permit which has been issued under the provisions of this By-law.
## 5.0 Other Legislation
## 5.1 Compliance
- 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
- the RM of La Broquerie Development Plan;
- 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.
- 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.
- Whenever the provisions of a special agreement or development agreement entered into between the Municipality and a developer impose overlapping regulations over the use of land, buildings or structures, or contain any restrictions covering any of the same subject matter contained in this Bylaw, the most restrictive or highest standard shall govern.
- 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
- Nothing in this By-law shall be so interpreted as to interfere with the construction, maintenance and operation of the facilities of any Publi Jtility Service or Protective and Emergency Service, as defined in this By. law.
## 6.0 Responsibilities and Duties
## 6.1 Responsibilities of Council
Subject to the provisions of the Act, the Municipal Council is responsible for:
- The enactment of this By-law.
- The administration and enforcement of this By-law.
- The adoption or rejection of proposed amendments or the repeal of this Bylaw.
- Approving or rejecting variation order applications.
- Approving or rejecting conditional use order applications and considering revoking the authorized conditional use order for any violation of any conditions imposed by it.
- 6) The adoption or rejection of proposed subdivisions and road closures.
- 7) Holding public hearings dealing with rezoning, variances, conditional uses, subdivisions and road closures.
- The establishment of planning advisory committees in accordance with the Act.
- 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
- 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 La Broquerie.
- Every owner shall:
- a) permit the Designated Officer to enter any building or premises for the purpose of administering or enforcing this By-law at all reasonable times and with the consent of the owner in accordance with Section 6.4.3 of this By-law;
- after the development application has been approved and the permit issued, notify the Designated Officer and obtain their approval
before doing any work at variance with the approved documents filed;
- 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
- 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
- The Designated Officer shall be any person appointed by the RM of La Broquerie Council to occupy the position of Designated Officer.
## 6.3.2 Designated Officer Duties and Responsibilities
The Designated Officer:
- Shall review each development permit application to ascertain whether it conforms to the adopted RM of La Broquerie 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, casement or any other instrument
- 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 Jse if the development does not comply with the regulations of this By-lav inless the Designated Officer uses their discretion pursuant to Section 6.3. of this By-law.
- May give notice of their 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; o
2. where an application has been refused, notice in writing shall b given to the applicant, by ordinary mail, and such notice shall state the reason for refusal.
3. Shall receive, review and process development applications.
4. Shall perform other such duties as described or implied elsewhere in this By-law.
- 7) An owner or applicant who is unsatistied with a decision or order of the Designated Officer may request the RM of La Broquerie Council to revier he decision or order by written notice within 14 days after the persor receives the decision or order.
- 8) After giving the person a reasonable opportunity to be heard, the RM of La Broquerie Council may confirm, vary, substitute or cancel the order or decision.
## 6.4.3 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:
2. 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;
3. request that anything be produced to assist in inspection, remedy, or enforcement; and
4. make copies of anything related to the inspection, remedy, or enforcement.
5. The Designated Officer must display or produce on request identification showing their official capacity.
6. In an emergency or in extraordinary circumstances, the Designated Officer and not give reason, be notice o enter at at actinies reterred to i remedy or enforcement activities referred to i secion 6.33 (1) of this By-law without the consent of the oviet or
## 6.4.4 Variance to Regulations
- 1) The Designated Officer may approve, with or without conditions, a minor variation not to exceed fifteen percent (15.00 %) of the regulations of this By-law governing height, distance, area, size or intensity of use regulations.
## 6.4.5 Public Inspection of Applications
- The Designated Officer shall ensure that a Register of Applications is maintained and is made available to any interested person during normal office hours.
## 6.4.6 Maintenance and Inspection of By-law
The Designated Officer shall:
- Make available to the public during normal office hours copies of this Bylaw and all subsequent amendments thereto.
- 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.
- 2) Class B Permitted Use
- Class A No Development Permit Required
- Class C Conditional Use
## 7.1 Class A Development (No Development Permit Required)
No development permit 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 owner from obtaining approvals from other government agencies. For a development listed below, the Designated Officer shall advise the applicant that no permit is required and return the submission, including any fees paid. Developments exempted from applications are as follows:
- 1) Regular maintenance and repair of any development provided it does not include structural alterations.
- Private driveways and patios which are accessory to a development.
- 3) A fence, wall, or gate not exceeding 1.98 m. (6.50 ft.) in height.
- 4) An accessory building that:
- a) is less than 13.94 sq. m. (150.00 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.
- 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 0.60 sq. m. (6.50 sq. ft.) in area, advertising the sale, lease, or rent of property, premises, or buildings on that site;
- signs of a duly constituted governmental body, including traffic or regulating devices, legal notices, railway crossing, danger or other emergency signs
- b) memorial signs or tablets of bronze, brass, stone or other noncombustible 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;
- e) election campaign signs during Federal, Provincial, Municipal and School Board election periods and up to seven (7) days after the election; and
- non-illuminated directional signs, each sign not to exceed 0.51 sq. m. (5.50 sq. ft.) in sign area.
- The use of farmland, farm buildings and structures for permitted agricultural activities, excluding livestock operations.
- 10) When a change in land use is from one agricultural activity to another, excluding livestock operations.
## 7.2 Class B Developments (Permitted Use)
The following information shall be submitted with an application for Class B (Permitted Use) developments, and the appropriate application form fully and accurately completed with information included as follows:
- 1) The municipal address of land and buildings presently occupying the site, if any.
- 2) A legal description of the land on which the proposed development is to occur, by lot, block, subdivision and registered plan numbers.
- 3) The applicant's name, address and interest in the land
4. A sketch plan of the site, showing the location of the proposed development relative to the boundaries of the site.
5. Description of the work to be performed with respect to:
- a) change in current occupancy of land use; or
7. description of proposed development or building operations.
8. 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.
13. The estimated value, in dollars, of the proposed work.
- 8) A site plan, at a minimum scale of 1:500, showing the following:
15. 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) he location of all buildings or structures in relation to property lines
- d) dimensioned layout of existing and proposed parking areas, driveways, entrances and exits, abutting public roadways, median breaks and auxiliary lanes.
19. Identification of the scale of the development with respect to the number of dwellings, or establishments for commercial, industrial or other purposes.
- 10) 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
3. the location of fences, screening, retaining walls, trees, landscaping, and other physical features both existing and proposed in the site
- 11) Floor plans at minimum scale of 1:100, indicating all uses or occupancies, storage and garbage holding areas.
- 12) Elevations and drawings, indicating sections and the bulk of buildings, at a minimum scale of 1:100.
- 13) Number of parking and loading spaces required and provided.
- 14) If required by the Designated Officer, a building location certificate.
- 15) 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 one copy of the following for Class C (Conditional Use) developments:
- A plan showing the location of adjacent buildings and structures indicating the approximate height and number of storeys.
- Excluding the Agricultural and Natural Resource Development Use Classes, a description of the exterior finishing materials to be used.
- A written statement and other supportive material explaining the proposed development.
## 7.4 Sign Permits
The following information shall be submitted with an application for a development permit for a sign, and the appropriate application form shall be fully and accurately completed:
- The municipal address and legal description of the land or building where the sign is to be erected.
- The applicant's name, address, telephone number and interest in the land.
- The name of the business or development where the sign is to be erected.
- Whether the development where this sign is to be erected is single business occupancy or multiple business occupancy development.
- A letter from the owner of the property on which the sign is to be erected, or their agent, authorizing the applicant's sign development.
- One set of working drawings for the proposed sign showing:
- the overall dimensions of the sign, including all sign boxes and
- adiscription or illustration of the copy to be displayed on the sign; b)
- c) the method of illumination, if any;
- method used to support the sign and the type of wall construction if the sign is anchored to a building.
- d) the materials from which the sign is to be constructed; and
- 7) One set of a sketch plan showing:
- a) the location of the sign on the building;
- maximum extension of the sign above the building roof or parapet wall;
- the clearance from grade from the lowest portion of the sign;
- d) the distance of the maximum projection of the sign beyond the building wall; and
- any sidewalks, pedestrian passageways, or public roadways that the proposed sign will extend over.
## 8.0 Development Permit Applications
## 8.1 General Application Submission Conditions
- 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 equired 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.
- 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 Sebion od to hy-application without all of the information required in this
- 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.
- 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.
- 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
- When an application for a development permit for a building with any habitable space is submitted to the Designated Officer for the development of a site abutting a water course and Municipal drain, the Designated Officer may require, in consultation with a Certified Professional Engineer of Manitoba, information regarding the existing and proposed grades at 0.46 m. (1.50 ft.) contour intervals. The final grades shall be to the satisfaction Lot Grade By ladS or priend in accordance with any applicable Municipal.
- 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;
- c) slope indicators where necessary;
- ground water piezometer test;
- identification of any sub-surface mining operations;
- river erosion analysis; and
- 1) surface erosion analysis.
The detailed engineering study shall conclude with the registered devisional Engineer neiyin uhat the due datine spirosid for the 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.
2. The Designated Officer, having required a detailed engineering study of the soil conditions may, acting on the advice of the Certified Professional Engineer of Manitoba, apply conditions to the approval of the development permit to prevent erosion, stabilize soil conditions and ensure proper land drainage.
## 8.3 Conditions Attached to a Development Permit
- 1) The RM of La Broquerie may impose, with respect to a permitted use, such conditions as are required to ensure compliance with this By-law.
2. The RM of La Broquerie may, with respect to a conditional use, impose such conditions as deemed appropriate, having regard to the regulations of this By-law, other municipal, provincial and federal government regulations, and matters raised at the conditional use hearing.
3. The RM of La Broquerie 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 Designated Officer or Council may, as a condition of issuing a development or building permit, require the Owner or Applicant to agree to do all or any of the following:
5. to construct, or pay for the construction of, a public roadway required to give access to the development;
6. to specify the location and number of vehicular and pedestrian including th construcint to patement for the contain then o improvements thereto;
- the Municipany, other be recovery cost of services a sic have already been installed; and
- furniture, curbing, sidewalk, boulevard landscaping, tree planting or other similar features which may have been damaged o destroyed or otherwise harmed by the development or building operations upon the site.
- The RM of La Broquerie may require any agreement entered into pursuant to Section 8.3 (4) of this By-law to be caveated against the title to the site at the Land Titles Office.
## 9.0 Enforcement and Penalties
## 9.1 Offenses
- Any owner, leasee, tenant or occupant of land, or a building or a structure thereon, who, with respect to such land, building or structure:
- a) contravenes; or
- causes, suffers or permits a contravention of, any provision of the Act, a development permit, a development agreement or this By-law;
## commits an offense.
- Any contractor, worker, or other person who constructs a building or structure, or makes an addition or alteration thereto:
- a) for which a development permit is required but has not been issued or is not subsisting under this By-law; or
- b) in contravention of a condition of a development permit issued under this By-law;
commits an offense.
## 9.2 Penalties
- Fines and penalties will be imposed as per the Act.
## 9.3 Suspension or Revocation of the Development Permit
- 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) unless a permit has been issued or the permit reinstated.
## 10.0 Rezoning Amendments
## 10.1 Text and Mapping Amendments
- 1) Any person applying to amend any Part of this By-law shall apply in writing to the Designated Officer, furnishing reasons in support of the application and requesting that the Designated Officer submit the application to the RM of La Broquerie Council.
- 2) If a person applies to the RM of La Broquerie Council in any manner for an amendment to any Part of this Zoning By-law, the RM of La Broquerie Council shall require them to submit their 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 Zonin District governing any land shall apply in writing to the Designated Office and submit the following to the Designated Officer:
4. a status of Title which has been issued no later than 30 days prior to
5. to, all mapping, printing, reproduction, planning, engineering, legal. surveys and advertising costs; and
## 10.2 Review and Processing of Amendments
- Upon receipt of an application for a rezoning amendment, the Designated Officer shall forward the application to the RM of La Broquerie Council for review.
- 2) If the Designated Officer deems it appropriate to give the application first 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,
- relationship to and compliance with the Rural Municipality of La Broquerie Development Plan and RM of La Broquerie Municipal Council policies;
- c) traffic impacts;
- b) compatibility with surrounding development in terms of land use function and scale of development;
- 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;
- necessity and appropriateness of the proposed Zoning District in view of the stated intentions of the applicant;
- f) effect on stability, retention and rehabilitation of desirable existing uses, buildings, or both in the area;
- relationship to the documented concerns and opinions of area residents regarding the application;
- topographical, physical and natural features.
- i) groundwater and soil conditions; and/or
- 3) The Designated Officer may prepare a written report on the proposed amendment and advise the applicant of the hearing date.
- The Designated Officer, in their discretion, may present for the consideration of the RM of La Broquerie any proposed amendment to this By-law, and the proposed amendment shall be accompanied by the report and recommendation of the Designated Officer.
- The RM of La Broquerie in its discretion, may initiate any amendment to this By-law, and prior to the approval of any amendment, the RM of La
Broquerie may refer the proposal to the Designated Officer for their report and recommendation.
- Every rezoning application shall be accompanied by the required fee as set out by the RM of La Broquerie.
- 7) When a Development Agreement is to be entered into between the RM of La Broquerie and the applicant, the applicant shall pay to the RM of La Broquerie, in addition to any other fee required pursuant to this or any other By-law, a Development Agreement fee.
## 10.3 Notification of Amendments
- Prior to consideration by the RM of La Broquerie a proposed rezoning amendment, the Designated Officer shall place a public notice in compliance with the Act.
## 11.0 Conditional Uses
- 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.
- An owner or their 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 La Broquerie Council.
- The RM of La Broquerie Council may request the Designated Officer to prepare a ver things or shader the following impact aris. The analysis shall,
- a) relationship to and compliance with the RM of La Broquerie Development Plan and Municipal Council policy;
- ompatibility with surrounding development in terms of land u unction and scale of develoomen
- c)
- relationship to, or impacts on utility services and public facilities such as recreational facilities and schools
- relationship to Municipal land, right-of-way or easement regulations;
- relationship to the documented concerns and opinions of area residents regarding the application;
- f) effect on stability, retention and rehabilitation of desirable existing uses, buildings, or both in the area;
- h) groundwater and soil conditions; and/or
- i) topographical, physical and natural features.
- 6) Prior to consideration by the RM of La Broquerie Council 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 La Broquerie Council may consider imposing conditions to ensure that the proposed development will not significantly impact the Municipality. This could include:
- additional buffering measures such as increased yard setbacks, berms and fencing;
- performance standards dealing with such potential impacts as noise, odour and vibration;
- limiting the hours of operation;
- the owner/applicant upgrading certain municipal services such as roads and ditches;
- imposing design and siting regulations including landscaping, outdoor lighting, refuse and storage areas, and building design and architectural appearance;
- f) a letter of credit related to municipal improvements such as road or drainage works;
- h) the over applicant entering into a development agreement with the Municipality.
- liability insurance protecting the municipality from any future legal claims, including environmental contamination to water sources;
- The approval of the RM of La Broquerie Council 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 La Broquerie Council for one additional period not exceeding twelve months.
- 9) With the exception of livestock operations, a conditional use approval expires if the use begins operations within five (5) years of the date of
approval but later ceases operations for two (2) 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
3. 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 them or their 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 La Broquerie Council.
3. Prior to consideration by the RM of La Broquerie Council of a proposed variation order, the Designated Officer shall place a public notice in compliance with the Act. The RM of La Broquerie Council 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 La Broquerie Council may require that the owner/applicant enter into a development agreement with the RM of La Broquerie.
5. The approval of the RM of La Broquerie Council 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 La Broquerie Council for one additional period not exceeding twelve months.
## 13.0 Subdivisions
- 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.
- The RM of La Broquerie 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 La Broquerie 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.
- In addition to the requirements contained herein, all subdivisions shall conform to the provisions of the RM of La Broquerie Development Plan, and the provisions of the Act, where applicable.
## PART II - DEFINITIONS
## 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. Aggregate means quarry mineral that is used solely for construction purpose as a constituent other than in the manufacture of cement and includes sand, gravel, clay, crushed stone and crushed rock.
6. Aggregate Quarry means a quarry from which aggregate is extracted.
- 7) Alteration means a change or modification to an existing building, structure or use which, unless otherwise provided for herein, does not increase the exterior dimensions with respect to height and area.
8. Animal Unit (A.U.) means the number of animals of a particular category of livestock that will excrete 73.00 kg. (160.93 lb.) of nitrogen in a twelvemonth period.
9. Applicant means a registered owner or an owner's authorized agent, who has filed an application subject to the provisions of this By-law.
- 10) Aquifer means a water-bearing geological formation that is capable of producing water to wells or springs in quantities that are economically useful.
- 11) Attached, when used in reference to a building, means a building otherwise complete in itself, which is dependent for structural support, or complete enclosure, upon a wall or walls shared in common with an adjacent building
- 12) 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.
- 13) 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 direct] above or being a minimum depth of 1.22 m. (4.00 ft.)
- 14) Bedrooms means a habitable room located within a dwelling unit that is used primarily for sleeping.
- 15) Bedroom Suites means a bedroom located within a dwelling unit that contains washroom facilities for the exclusive use of the occupants thereof.
- 16) Blank Walls means exterior walls containing no windows, doors or other similar openings.
- 17) Buffer Strip means a strip of landscaping or vegetation used to provide a screen between sites in order to mitigate objectionable features between them.
- 18) Building means any structure used or built for the shelter, accommodation or enclosure of persons, animals, material or equipment.
- 19) 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.
- 20) Building Line means a line representing the location of the wall of a building on a lot situated closet to any street line.
- 21) 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.
- 22) Bulk Fuel Storage Tank means a tank used for the bulk storage of petroleum products or other flammable liquids legally stored within structure or establishment that is incidental to the primary use of the site
- 23) 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.
- 24)
- 25) Composting means a designed and managed system to facilitate the process of aerobic decomposition of organic matter by biological action.
- 26) Commercial Rental Unit means a single commercial space available on the market as a self-sufficient, independent unit, equipped, zoned and intended to be used for commercial purposes.
- 27) Common Element means all property within a condominium except the condominium units.
- 28) Conditional Use Order means those uses of land, buildings or structures which may be permitted in a particular Zoning District but only at the discretion of the Municipal Council in accordance with the Act.
- 29) Condominium means individual ownership of a unit in a multiple unit structure where expenses common to all parties are shared.
- 30) 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.
- 31) 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.
- 32) Confined Livestock Area means an outdoor, non-grazing area where livestock are confined by fences or other structures and includes a feedlot, paddock, corral, exercise yard, holding area, as well as a covered structure used to confine livestock that has one or more sides without a wall that exposes the interior of the structure to the elements, but does not include
- 33) 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.
- 34) Conversion means a change in use of land or a building or an act done in elation to land or a building that results, or is likely to result, in a chang n the use of such land or building without involving major structura alterations.
- 35) Cultivated Land means land that is prepared and used for the growing of crops.
- 36) Curb Cutting means the cutting or lowering of a curb, sidewalk or to provide a drivewav tor vehicular an
- 37) Designated Officer means the Designated Officer as appointed by the RM of La Broquerie Council in accordance with the Act.
- 38) Development Permit means a permit issued by the RM of La Broquerie authorizing development and may include a building permit.
- 39) Development Plan means the RM of La Broquerie Development Plan adopted by By-law and as amended.
- 40) Dugout means an earthen excavation designed to collect and store runoff.
- 41) 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.
- 42) 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.
- 43) Earthen Manure Storage Facility means a structure built primarily from soil, constructed by excavating or forming dikes, and used to retain livestock manure.
- 44) 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.
- 45) 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.
- 46) Fabric Covered Structure means a pre-manufactured structure consisting ot wood traming, tubular metal, or tubular plastic trame, covered on the roof and a maximum of three sides with fabric, reinforced plastic, vinyl, oi other sheet material intended for storage purposes.
- 47) Farm Building/Structure means a building or structure which does not ontain a residential occupancy and which is (a) associated with and locate n land devoted to the practice of farming and (b) used essentially for th Dousing of eral anenor ivesto or the prodeo storage or prese s, 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
- 48) Family means one person or two or more persons voluntary associated, plus any dependents living together as an independent, self-governing singlehousekeeping unit.
- 49) Field Storage means solid livestock manure that is stored in the open air other than in a manure storage facility.
- 50) 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.
- 51) Floodplain means the area adjoining a river or stream which has been or may be covered by flood water.
- 52) Flood Proofed means the measures taken to ensure that a structure or building is safe from the effects of flooding of the 200-year flood, or a recorded flood exceeding the 200-year flood, whichever is greater and includes: no openings of any kind such as windows, doors and vents, or electrical equipment, etc. shall be permitted below the flood datums.
- 53) Flood Risk Area means that land adjacent to a watercourse that is divided into two parts: the floodway and the floodway tringe. 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.
- 54) 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;
- c) loor areas devoted exclusively to mechanical or electrica equipment servicing the development, divided by the area of the site.
10. parking areas below grade, and
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- 55) Frontage means all that portion of a site fronting on a street and measured between side lot lines.
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- 56) 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.
- 57) Garage means an accessory building, or part of a principal building designed and used primarily for the storage of motor vehicles and includes
- 58) Grade, Building Lot means the lot grade elevation of the finished ground surface immediately adjacent to the foundation of a building.
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- 59) Grain Storage Structure means any structure which is designed to store any type of grain.
- 60) Groundwater means water below the surface of the ground.
- 61) Habitable Room means any room in a dwelling other than a non-habitable room.
- 62) Height means, when used with reference to a building or structure, the vertical distance between the horizontal plane through grade and a horizontal plane through:
5. the highest point of the roof in the case of a building with a flat roof or a roof having a slope of less than 20.00 degrees; and
6. the average level between eaves and ridges in the case of a pitched, gambrel, mansard or hipped roof, or a roof having a slope of more than 20.00 degrees, provided that in such cases the ridge line of the roof shall not extend more than 1.52 m. (5.00 fl.) above the maximum permitted building height of the Zoning District.
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- 63) Household means one person, or two or more persons voluntarily associated, plus any dependents, living together as an independent, sellgoverning single housekeeping unit.
- 64) Institution means a building or part of a building used for a noncommercial purpose by an organized body or society for promoting a particular object or cause but does not include Private Clubs.
- 65) Landscaping means any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements, all of which are designed to enhance the visual amenity of a site or to provide a screen between sites in order to mitigate objectionable features between them.
- 66) Livestock means animals or poultry not kept exclusively as pets, excluding bees.
- 67) 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.
- 68) Lot, Corner means a lot located at the intersection of two public roadways, the interior angle of such intersection not exceeding 135.00 degrees.
- 69) Lot, Double Fronting means a lot which abuts two public roadways, which are parallel or nearly parallel in the vicinity of the lot.
- 70) 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.
- 71) Lot, Interior means any lot other than a corner lot or through lot.
- 72) 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.
3. 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.
4. 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.
- 75) 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.
- 76) Lot Line, Side means the property line of a lot other than a front lot line or rear lot line.
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- 77) Manufactured Home Dwelling means a factory built dwelling unit certified prior to the placement on the lot as having been built as a modular home in accordance with Canadian Standards Association (CSA) building regulations, being placed on a permanent foundation, having its chassis or frame permanently removed, and arriving at the lot ready for occupancy
- 78) Manure Storage Facility means a structure, earthen storage facility, nolehill, tank or other facility for storing manure or where it is stored, anc ncludes any permanent equipment or structures in or by which manure i moved to or from the storage facility, but does not include:
3. a field storage site;
- c) a gutter or concrete storage pit used to store liquid or semi-solid manure for less than thirty days;
5. a vehicle or other mobile equipment used to transport or dispose of manure;
- d) a collection basin; or
7. a composting site for manure or mortalities.
- 79) Mobile Home Park means a parcel or land under one ownership upon which mobile home spaces are provided for rent or lease and have been approved by the RM of La Broquerie Council.
- 80) Mobile Home Site means a site in a mobile home subdivision that may be purchased for the placement of a mobile home.
- 81) Mobile Home Subdivision means a parcel of land subdivided into mobile home sites that may be sold for the placement of mobile homes.
- 82) Model (Show) Home means a dwelling which is not occupied for human habitation but is used for the purpose of display to the public and where a portion of this dwelling may be used as a sales office for the dwelling units to be constructed on lots within a plan of subdivision.
- 83) Modular Home Dwelling means a building assembly or system of building sub-assemblies manufactured in its entirety, or in substantial part, off-site and transported to the point of use for installation on-site, with or without other specified components, as a finished building or as part of a finished building in accordance with CSA building regulations. Modular homes need not have electrical, plumbing, heating, ventilation, insulation or other service systems, but when such systems are installed at the off-site manufacture or assembly point, they shall be deemed a part of such building or system of building assemblies. Modular homes do not include open frame construction which can be completely inspected on-site.
- 84) Molehill means a manure storage facility for manure in which manure is mechanically forced through a pipe and becomes mounded.
- 85) 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.
- 86) Municipal Engineer means the Municipal Engineer as appointed by the RM of La Broquerie.
- 87) Municipality means the Municipal Corporation of the RM of La Broquerie.
- 88) 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.
- 89) Nuisance means anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses.
- 90) 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; matter; radiation hazards; fire or explosive hazards; heat; glare; unsightly affects the amenities of the neighbourhood, or interteres with or may interfere with the normal peaceful enjoyment of any land, building or structure.
- 91) 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.
- 92) Oriel Windows means a type of bay or bow window that projects out from an upper storey of a dwelling unit.
- 93) 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.
- 94) 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.
- 95) Parcel of Land means the aggregate of all land described in any manner in the certificate of title.
- 96) 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.
- 97) Passenger Vehicles means a motor vehicle that is designed, constructed or adapted for the principal purpose of transporting passengers, but excludes off-road, motor home, trailer, travel trailer and truck vehicles.
- 98) Peat Moss means a mass of partially carbonized plant tissue ranging in consistency from a turf to a slime that is commonly used as a fertilizer, stable litter or fuel or for making charcoal
- 99) 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.
- 100) Pollution means the presence of foreign substances that adversely affect the natural constituents of the air, water or soil.
- 101) Principal (Main) Building means any building on a site that contains permitted principal uses, as opposed to:
3. buildings that contain only accessory or incidental uses; and,
4. buildings that contain only storage or operational functions in support of principal uses located in other buildings.
- 102) 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 singlefamily dwelling.
- 103) Ready-To-Move Dwelling means a method of constructing a dwelling unit whereby all of its component parts have been assembled in an off-site manufacturing facility and transported to a site where it is anchored to a permanent foundation.
- 104) Recreational Vehicle means a motor home, travel trailer, truck camper, park model units or camping trailer with or without motive power designed for human habitation for recreational or emergency occupancy.
- 105) Recreational Vehicle Park means a property where one or more sites are rented to users of recreational vehicles and which are occupied for temporary purposes.
- 106) Recreational Vehicle Site means a piece of ground within a recreational vehicle park for one recreational vehicle.
- 107) Repair means the renewal or reconstruction of any part of an existing structure for the purpose of its maintenance or restoration.
- 108) RM of La Broquerie Council means the RM of La Broquerie Council as established under the Act.
- 109) Secondary Plan means a plan adopted by by-law in accordance with the Act to guide development or redevelopment in a defined area within the
- 110) Separation Distance means a distance to be maintained between two uses, uses are care the nearest points of any structure or areas upon which the
- 111) Separation Space means open space around dwellings separating them from adjacent buildings or activities, and providing daylight, ventilation, and privacy.
- 112) Setback means the distance that a development or a specified portion of it must be set back from a lot line.
- 113) Site means an area of land consisting of one or more abutting lots.
- 114) 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
- 115) Site Depth means the average horizontal distance between the front and rear lot lines of the site.
- 116) 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 Municipal Council for any proposed development.
- 117) 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 betweer 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.
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- 118) 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.
- 119) Slurry Tank Storage Facility means an above ground tank for the storage of livestock liquid manure that may be constructed from pre-cast concrete panels, reinforced cast-in-place concrete, glass lined steel panels or spiral wound coated steel.
- 120) Solar Collector means an accessory structure intended to primarily serve the electrical needs of the on-site user.
- 121) Solid Manure means manure that contains more than 25.00 percent solid matter and does not flow when piled.
- 122) Special Event (carnival, circus, fair, concert or similar event) means a transportable group or aggregation or combination of rides, shows, performances, games, or concessions.
- 123) Stacking Space means an on-site queuing area for a passenger vehicle that is separated from other vehicular traffic and pedestrian circulation b barriers. markings or signs
- 124) 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.
- 125) Storey, Half means a storey under a gable, hip, or gambrel roof, the wall lates 0) which, on at least such storite walls . are not more than 0.00 m
- 126) Street means a public roadway having a right-of-way at least 10.06 m. (33.00 fl.) in width that affords the principal means of access to abutting land.
- 127) 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.
- 128) 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.
- 129) Temporary Buildings and Uses means an incidental use, building or structure for which a development permit has been issued for a limited time only.
- 130) 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
- 131) Trailer means a vehicle designed for carrying chattels, and for being towed by a motor vehicle.
- 132) 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.
- 133) Truck means a motor vehicle that is constructed or adapted to carry goods, wares, merchandise, freight or commodities, but not passengers.
- 134) Two-Hundred Year Flood means a flood that, on average, is statistically expected to happen once in 200 years on average or more specifically, a flood with a 0.5% chance of occurring in any given year.
- 135) 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.
- 136) Variation Order means the altering of any of the regulations found in this By-law in accordance with the Act.
- 137) Watercourse means the channel in or bed on which surface water flows or stands, whether continuously or intermittently, but does not include a lugout, reservoir, intermittent slough, drainage ditch or intermittent strean hat is completely surrounded by private land controlled by the owner o operator of an agricultural operation and that has no outtlow going beyon he private land
- 138) 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.
- 139) 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.
- 140) Yard, Rear means a yard extending along the full length of the rear lot line from the front yard to the rear yard.
- 141) Yard, Side means a yard extending along the side lot line from the front yard to the rear yard.
- 142) Zoning District means a Section contained in Part III of this By-law which regulates the use and development of land as depicted on the Zoning District Map comprising Part VI of this By-law.
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## 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:
- 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.
- 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.
- 5) Canopy Sign means a sign attached to, or forming part of, a permanent From the exeir gal of ad string and which may be hotel deuvard covered to provide protection over the entrance to a building.
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- 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.
- Directional Sign means on-premise or off-site signs providing direction to pedesian or vehicular trafic without advertising copy, except a business
- 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) General Advertising Sign means a sign which directs attention to a business, activity, product, service or entertainment which cannot be considered as the principal products sold nor a principal business, activity, entertainment, or service provided on the premises where the sign is displayed, and general advertising has a similar meaning.
- 13) Height (sign) means the vertical distance measured from the finished ground surface directly under the sign to the highest point of the sign.
- 14) Identification Sign means a sign which contains only the name and address of a building, institution or person and the activity carried on in the building or institution, but does not include any other advertising copy.
- 15) Illuminated Sign means any sign having only steady illumination of the same intensity by artificial means, either from lighting directed on the sig ace or from a light source located within the sign which is transmitter through a transparent or translucent sign face.
- 16) Mural Sign means a non-illuminated sign painted on the exterior wall of a building which enhances the visual appearance of the building and does not include business identification or general advertising.
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- 17) Official Sign means a sign required by, or erected pursuant to, the provisions of Federal, Provincial or Municipal legislation.
- 18) Portable (or Mobile) Sign means a sign greater than 0.50sm (5.38st) in area that is mounted on a stand or other support structure other than a stationary trailer and is designed in such a manner that the sign can readily be relocated to provide advertising at another location or readily taken or and off a site, and may include copy that can be changed manually through the use of attachable characters, message panels or other means.
- 19) Projecting Sign means any sign, except a canopy sign, which is supported by an exterior building wall and projects outward from the building wall by more than 40.00 cm. (15.75 in.).
- 20) Reader Board Sign means a sign or a component of a sign on which the copy can be changed by either manual or electronic means.
- 21) Real Estate Sign means a sign displaying real estate copy for the purpose of buying or selling real estate.
- 22) Roof Sign means any sign erected upon, against, or above a roof, or on top of or above, the parapet of a building.
- 23) Sign means any visual medium, including its structure and other component parts, illuminated or not illuminated, which is used or capable of being used, on a permanent or temporary basis, to identify or convey information. or to advertise or attract attention to a product, service, place,
activity, person, institution or business. Without limiting the generality of the foregoing, signs shall include banners, placards, and painted messages.
- 24) Sign Alteration means any modification of a sign or supporting structure, excluding the routine maintenance or repainting of a sign or changing the copy on signs specifically designed for this purpose.
- 25) Sign Area means the entire area of the sign on which copy is intended to be placed. In the case of double-faced or multi-faced sign, only half of the area of each face of the sign used to display advertising copy shall be used in calculating the total sign area.
- 26) Sign Structure means any structure which supports a sign, including materials used to conceal or improve the visual appearance of the structural parts.
- 27) Temporary Sign means a sign which is not permanently anchored to a footing extending below grade or permanently affixed to, or painted on, a
- 28) 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 the most appropriate in character and sanitary facilities. and purpose. In such a case, this use shall be considered a conditional use, whether or not the Use is listed as either a permitted use or conditional use within the applicable Zoning District.
## 14.3.1 Agricultural Use Class
- 1) Abattoir means a building, structure, or part thereof, used for the slaughtering of animals and related activities.
- 2) Agri-Business means a commercial establishment that provides goods or services to the agricultural sector. Typical uses include farm equipment and machinery repair shops, bulk fuel stations, feed and fertilizer supply operations, livestock auction marts and commercial seed cleaning plants.
- 3) Agri-Tourism means an agricultural establishment that provides a service to promote and educate the public about farming and agricultural activities. Typical accessory uses to the farming operation include bed and breaktast. farm produce retail outlet, corn or hay mazes, petting zoo, hayrides, sleigh rides, buggy or carriage rides, seasonal activities and events related to the farm such as farm tours and eating facilities.
4. 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.
5. 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.
- 6) 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.
- 7) Anhydrous Ammonia Facility means an area used for the storage of anhydrous ammonia that is commonly used as a fertilizer.
- 8) Cannabis Production Facility means indoor horticultural operations using hydroponic or other means to engage in growing plants for consumption and non-food products, including licensed cannabis cultivation facilities.
- 9) Communal Farm Dwelling means a residence in connection with a tarm operation carried out on the same or an adjacent parcel by a religious colony or other association by or on behalf of the occupants of the residence, and includes all associated cooking, eating, living, sleeping
- 10) Composting means a designed and managed system to facilitate the process of aerobic decomposition of organic matter by biological action.
- 11) Equestrian Establishment means a facility engaged in the training of horses or the operation of a horse-riding academy or horse-riding stables.
- 12) Farm Produce Outlet means a building or structure where farm produce is sold in season.
- 13) Farmstead Dwelling means any dwelling unit which is accessory to a tarm operation and is on a parcel of land that includes associated agricultural buildings.
- 14) Game Farm means a development where elk or similar wild animals are held in captivity, pursuant to The Livestock Industry Diversification Act.
- 15) General Industrial and Business Farm Diversification Operations means any manufacturing, processing, service, storage, wholesale, retail sales, and distribution use for an active farming operation that is diversifying their on-farm economic activity.
- 16) Livestock Operation means a permanent or semi-permanent facility or non-grazing area where livestock producing at least 10.00 Animal Units of livestock are kept or raised either indoors or outdoors, and includes all associated manure collection facilities, but does not include an auction mart.
- 17) Non-Commercial Farm means a development for small scale, non-
- 18) Secondary Farm Dwelling means a Single-Family Dwelling or a Mobile Iome Dwelling on a farm unit of the farm owner for an immediate tamil nember engaged in full-time employment on the farm, a full-time employer of the farm or living quarters for seasonal help.
- 19) 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.
- 20) Vacation Farm Operation means an accessory development to a farm operation that provides temporary accommodation for renumeration with or without meals to the travelling public who are seeking to experience farm life and learn about agricultural activities.
## 14.3.2 Commercial Use Class
- Aireraft 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.
- Amusement Establishment means a facility within any building, room or area having table games or electronic games played by patrons tol entertainment. This Use includes arcades but does not include Carnivals or Indoor Participant Recreation Services.
- 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.
- Auctioneering Establishment means a development specifically intended for the auctioning of goods and equipment, including temporary storage of such goods and equipment.
- Automotive and Equipment Repair Shop means a development used for the servicing and mechanical repair of automobiles, molorcycles, 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.
- 6) 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.
- 7) 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.
- Building Material Sales means a development used for the wholesale or retail sale of goods related to the construction of buildings.
- 9) 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 oftice 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.
- 10) Cannabis Retail Store means the premises specified in a retail cannabis license where the retail sale of cannabis is authorized in accordance with the Safe and Responsible Retailing of Cannabis Act.
- 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 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 ze resort development includes: a camping and tenting ground, a hotel, and drinking establishment, a marina, a golt cour and other outdoor recreation game courts, areas and trails.
- 14) Commercial School means a development used for training and
- 15) 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 simila services of a construction nature which require on-site storage space for
- materials, construction equipment or vehicles normally associated with the ontractor service. Any sales, display, office or technical support servic reas shall be accessory to the principal Contractor Services Use only
- 16) Contractor Service, Limited means a development used for the provision
- 17) 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.
- 18) Custom Manufacturing Establishment means a development used for small-scale on-site production of goods.
- 19) 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.
- 20) 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, cates, 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.
- 21) 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.
- 22) Fleet Service means a development using a fleet of vehicles for the
- 23) 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.
- 24) 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.
- 25) Greenhouse, Plant and Tree Nursery means a development used primarily for the raising, storage and sale of bedding, household and
- 26) 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 couns ing seal uses include medical and dental offices, health clinics and
- 27) 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.
- 28) 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.
- 29) Mini-Warehouse and Self-Storage means an enclosed facility that provides storage space to the general public on a for-hire basis. MiniPeretional ved des sals and are else in Nude in sore o may be allowed to operate out of a rented storage space.
- 30) Mobile Catering Food Service means a development using a fleet of vehicles for the delivery and sale of food to the public.
- 31) Mobile Food Vehicle means a motorized vehicle or towed vehicle lesigned and equipped to serve food. This includes food cooked an repared for vending and commissary-prepared, ready-to-eat or package food in individual servings.
- 32) Establishments and Personal Service Shops.
- 33) Non-Accessory Parking means a development providing vehicular parking which is not primarily intended for the use of residents, employees or clients of a particular development. Typical uses include surface parkin lots and parking structures located above or below grade
- 34) Outdoor Food Cart means a mobile vending cart, pushcart or trailer that is not motorized or attached to a vehicle for towing and does not exceed 3.50 m. (10.0 ft.) in length, 1.22 m. (4.0 ft.) in width or 2.44 m. (8.0 ft.) in height.
- 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.
- 38) 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.
- 39) Place of Assembly means a public or privately-owned auditorium, hall or similar facility developed for the purpose of accommodating groups of persons for meetings, exhibitions, shows, trade fairs, public meetings. banquets, conference meetings, and similar activities.
- 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 278.70sm (3,000.0 st) 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.
- 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 r industrial equipment, pawn shops, massage parlours, adult entertainmer stablishments or adult video rental or sales store
- 46) Service Station means the servicing, washing and repairing of vehicles; and the pale and slies other Strice paris may dia lice rang and Service Stations may include Eating and Drinking Establishments. Typical uses include truck stops and highway
- 47) Sign, Advertising means a sign or a billboard directing attention to a business, commodity, service, thing, message, or entertainment conducted,
- sold, or offered elsewhere than on the same zoning lot on which that sign is located.
- 48) 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.
- 49) 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.
- 50) Storage, General means a development used exclusively for the indoor or outdoor storage of goods, materials and merchandise.
- 51) 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.
- 52) Truck and Mobile Home Sales and/or Rentals means a development used for the sale or rental of new or used trucks, motorhomes, mobile homes, and automobiles, together with incidental maintenance services and the sale of parts and accessories. Typical uses include truck dealerships, recreation vehicle sales and mobile home dealerships.
- 53) Trucking Operation means the usc of land, buildings or structures for the purpose of storing, repairing, servicing or loading trucks, transportation trailers and/or buses.
- 54) 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 unes, any mch also thrude, range of nd rese a accommodate the trucking shower and rest facilities
- 55) 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
bold ang much bulky items as furniture, carpet, major appliances and
## 14.3.3 Community Services Use Class
- 1) Cemetery means a development of a parcel of land, primarily a landscaped pen space for the entombment of the deceased, and may include th ollowing accessory developments: crematories, cinerarium. columbarium and mausoleums. Typical uses include memorial parks, burial grounds and
- 2) Child Care Service means a development licensed by the Province of Manitoba to provide daytime personal care and education to children bu oes not include overnight accommodation. Typical uses include day car 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 the sick, injured or infirm including outpatient services and accessory staff residences. Typical uses include hospitals, sanatoriums, nursing homes, convalescent homes,
- 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
- 7) Outdoor Participant Recreation Service means a development providing facilities which are available to the public at large for sports and active recreation conducted outdoors. Typical uses include golf courses, driving range, ski hills, sports fields, outdoor tennis courts, unenclosed ice surfaces
or rinks, athletic fields, boating facilities, outdoor swimming pools, bowling greens, paintball games, riding stables and fitness trails.
- 8) Private Education Service means a development for instruction and education that is not maintained at public expense and which may or may not offer courses of study equivalent to those offered in a public school or private instruction as a home occupation. This Use includes dormitory and
- 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.
- 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, water treatment
- plants, lift stations, garbage transfer 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
- Airport Industrial means any area of land used for the landing, taking ff, or storing of aircraft, associated terminals, and uses related to, and be un integral component of the airport operation
- 2) 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.
- 3) General Industrial means development used principally for one or more of the following activities: the assembling of semi-finished or finished goods, products or equipment; the cleaning, servicing, repairing or testing of materials, goods and equipment normally associated with industrial or commercial businesses; or cleaning, servicing and repair operations to goods and equipment associated with personal or household use, where such operations have impacts that would make them incompatible with adjacent 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.
- Information Technology Use means the development, design, manufacturing, packaging, storage or shipping of computer software, web hosting and data processing service and the design or research of computer, electronic and communication equipment.
- Industrial Mall means a building or group of buildings held in single ownership or by participants in a condominium corporation or cooperative and divided into units for separate occupancy by different industrial uses for which common loading and parking facilities and other common services may or may not be provided.
- 6) 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.
- 7) Light Industrial means processing and manufacturing uses, provided that they do not create unusual fire, explosion or satety 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 o ras and there is no production of heat or glare perceptible from an adjacent site. Typical uses include automotive body repair and paint shops, commercial manufacturing and research facilities.
2. Portable Asphalt Plant means a temporary facility with equipment parting not real and in mis seeing and apral o prodi marials used in the process.
- 9) 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 concreie batchine
- 10) Small Scale Industrial means light manufacturing, assembly or distribution of ready-made products on a small scale. As a rule, industries in this category are secondary to the agricultural operation, if not, they should not be of such a size that they create traffic problems or impact negatively on the surrounding area.
- 11) Storage Compound means a development used exclusively for temporary outdoor storage of goods and materials where such storage of goods and materials does not involve the erection of permanent structures or the material alteration of the existing state of the land. Typical uses include vehicle storage compounds, automobile wrecking yards, automobile recycling facilities and salvage yards.
6. 13)
## 14.3.5 Natural Resource Development Use Class
- 1) Forestry Use means the general raising and harvesting of wood and without imiting the generality of the foregoing, shall include the raising and cuttin f wood nunwood lumber and other forestry product
2. Mineral Exploration means the activity of searching for new mineral deposits.
3. Natural Resource Development means a development for the on-site removal, extraction, and primary processing of raw material found on or under the site, or accessible from the site. Typical uses in this class include gravel pits, sandpits, and stripping of topsoil and peat moss. This Use does not include the processing of raw materials transported to the site.
- 4) Wildlife and Conservation Reserve means land that has been designated by Provincial legislation for the protection and conservation of wildlife. This Use includes Wildlife Management Areas.
5. Wind Turbine Generating Station means a development on a leased or owned site that is comprised of, but not limited to, one or more wind turbine generator towers that convert wind energy to electrical energy for private use or sale and may include research or meteorological towers, collector grids, substations and other associated or compatible accessory operations, including Agricultural Activities.
- 6) Wind Turbine Personal Use means a small-scale wind turbine generator tower that converts wind energy to electrical energy for primarily private use.
## 14.3.6 Residential Use Class
- 1) Institutional Residence means a premises which is intended for the training, treatment, rehabilitation, housing, care and/or supervision of persons requiring medical assistance. This Use Class includes nursin romes, personal care homes, residential care homes, attached housing an
- 2) Mobile or Modular Home Dwelling means a dwelling unit designed for transportation after fabrication, whether on its own wheels or on a flatbed or other trailer, and which arrives at the site where it is to be occupied as a dwelling complete and ready for occupancy, being on the site on wheels, jacks or similar supports, or on a permanent foundation, and having beer built in accordance with CSA building regulations and The Buildings anc Mobile Homes Act. For the purpose of this By-law, the removal of the
wheels or permanent or semi-permanent attachment of a foundation to a Mobile Home Dwelling shall not change the classification.
- Multiple Family Dwelling means a building containing three or more dini hal be designed bor aruse coridea and entrance. Each divelling
- 4) Planned Unit Development (Residential) means an area of land used primarily for residential purposes under single ownership or control but including multiple homeowners who share the use and financial responsibility of common areas.
- 5) Planned Unit Development (Tiny Homes) means an area of land used primarily to accommodate tiny homes as determined by Council under ingle ownership or control which may include multiple homeowners wh hare the use and financial responsibility of common area
- 6) 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 new ready-to-move dwelling, but not a Mobile or Modular Home Dwelling.
- 7) Iwo Family Dwelling means a building containing two dwelling units, each designed and used or intended to be used by one family.
## 14.3.7 Residential-Related Use Class
- Bed and Breakfast Home means a principal dwelling where sleeping accommodation with or without light meals is provided to members of the travelling public for remuneration.
- 2) Care Home means development consisting of a use of a building as a facility which is recognized, authorized, licensed or certified by a public authority as a social care facility intended to provide room and board for foster children or disabled persons, or for persons with physical or mental problems, and which may be for the personal rehabilitation of the residents either through self-help or professional care, guidance and supervision.
- Farm Staff Housing means a residential dwelling used exclusively for the purpose of housing farm staff on a seasonal basis.
- Home Industry means an industry or profession carried out in a building accessory to a dwelling as a secondary use generally in keeping with the trade or calling of the occupant
- Home Occupation means an occupation, trade, profession or craft carried on, in or from a dwelling unit or its accessory building for consideration an which is clearly incidental or accessory to the residential use of the dwelling unit.
- 6) Secondary Suite means a dwelling unit that is accessory to the existing principal dwelling on a property and that may be rented. A Secondary Sulte has cooking, food preparation, sleeping, and bathing facilities which are separate from those of the principal dwelling on the single-family dwelling lot. Secondary Suites can either be a suite located within the principal dwelling, a ground level suite detached from the principal dwelling or a
## PART III - ZONING DISTRICTS
## 15.0 Zoning Districts
## 15.1 Intent of Zoning Districts
The Zoning Districts established in this By-law are intended to provide sutticient land for various types of land uses and developments in the RM of La Broquerie in keeping with the provisions of the RM of La Broquerie Development Plan. Th Zoning Districts as outlined in the Zoning Districts Table (Appendix A) are hereb! established.
## 15.2 Permitted and Conditional Uses
- The Permitted and Conditional Uses Table (Appendix B) outlines uses that are permitted or conditional in each Zoning District.
- 2) All uses, whether listed as permitted or conditional, must meet the relevant requirements as outlined in PART IV (Special Land Use Regulations), Part V (General Development Regulations) and Appendix C Bulk Regulations.
## 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
- All accessory uses, buildings and structures shall be developed in accordance with any applicable RM of La Broquerie lot grading by-laws or regulations.
- Maximum building area regulations shall not apply to Private and SemiPrivate Swimming Pools and Hot Tubs.
- Water supply and sewage disposal systems throughout the municipality shall be in accordance with The Environment Act, The Public Health Act, The Drinking Water Safety Act, and any relevant municipal regulations.
- Any fuel storage areas established on any site shall comply with The Storage and Handling of Petroleum and Allied Products Regulation 188/200.
- 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 Sustainable Development legislation.
- 6) All buildings, structures and hedges within controlled areas adjacent to Provincial Trunk Highways, Provincial Roads and Provincial Access Roads shall be setback in accordance with The Transportation Infrastructure Act.
- 7) The construction of any drainage works shall be in accordance with all applicable Provincial government legislation.
3. All development shall be on sites that have direct frontage on a street. No development or building permit shall be issued for a residence that does not have frontage on an approved all-weather road or road for which a road construction development agreement has not been entered into.
## 15.5 Additional Regulations for the R1 Zoning District
- 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 tront yard calculation established by such buildings shall be the front yard regulation for the block.
- All developments shall comply with Section 20.2 of this By-law.
## 15.6 Additional Regulations for the RC Zoning District
- 1) The separation space between buildings in the RC: Residential Comprehensive Zoning District shall be provided as follows:
2. a minimum depth of 6.71 m. (22.00 ft.) in the front of a principal living room window or an on-site roadway, as depicted in the figure on page 68
3. a minimum depth of 1.52 m. (5.00 ft.) in the side separation space as determined by the Designated Officer, as depicted in the figure on page 68.
4. a minimum depth of 4.57 m. (15.00 ft.) in the rear separation space as determined by the Designated Officer, as depicted in the figure on page 68.
5. The minimum separation space in front of any windows, entry or similar opening shall be applied along the full length and height of the exterior wall of the room in which the particular opening or window is located
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- The minimum separation distance between two residential buildings shall be double the separation space regulations as indicated in Sections 15.6.1(1) (a), 15.6.1(1) (b) and 15.6.1(1) (c) of this By-law.
- For developments that have more than ten dwelling units, the exteriors of the dwelling units shall provide individuality and variety of building design in terms of setbacks, entrances, elevations and finishing materials.
- 4) In addition to other submission regulations of this By-law, the following additional information shall be required:
- a) the location of use of each proposed or existing building or structure;
- b) the location of all doors and windows and the type;
- c) the separation space between residential buildings;
- he total number of dwelling units and the gross floor area: an
- d) loor plans and elevations of all proposed buildings and structure
- the location, type and height of all proposed walls, fences, and landscaping.
- All developments shall comply with Section 20.2 of this By-law.
## 15.7 Additional Regulations for the R3 Zoning District
- 1) Excluding reversed corner lots, where sites comprising 40.00 percent or
- 2) A single-family dwelling shall be developed in accordance with the RS District Requirement.
2. All developments shall comply with Section 20.2 of this By-law.
## 15.8 Additional Regulations for the RMH Zoning District
- 1) In the case of Mobile Home Dwelling sites within a mobile home park development:
2. the minimum site area requirement shall be 371.60 sq. m. (4,000.00 sq. it.);
- b) the minimum site width requirement shall be 12.19 m. (40.00 ft.); and
4. the separation spaces between Mobile Home Dwellings, including accessory uses, buildings and structures, shall be the same as the yard regulations.
5. New Mobile Home Parks shall comply with the following regulations:
6. The maximum density shall be 15 mobile homes per ha. (6 per ac.)
- a) Are only permitted within the RMH zone.
- c) They are designed to accommodate mobile units of different sizes including expandable and double wide units to avoid monotony.
- e) Each mobile home site shall have access to and abut upon a private street and the said private street shall have clear and unobstructed access to a public street.
10. The undercarriage of each unit shall be screened from view by skirting that is designed to complement the appearance of the site.
- f) No less than ten (10) percent of the total area of the mobile home park shall be devoted to common recreation areas and facilities such as playgrounds, swimming pools, community buildings, paths for pedestrians and cyclists, and play areas for small children. At least one (1) principal recreation and community centre are shall contain not less than five (5) percent of the total area of the mobile home park.
- h) All utility lines shall be placed underground.
13. All internal streets shall be well drained, lighted and designed and hard surfaced to municipal standards.
- i) Central water and sewage disposal facilities shall be provided to each mobile home site. Individual wells and disposal systems will not be permitted.
- 3) All developments shall comply with Section 20.2 of this By-law.
## 15.9 Additional Regulations for the CH Zoning District
- A minimum yard of 15.24 m. (50.00 ft.) shall be required where a site abuts the lot line of a site in an existing or future Residential Area as indicated in the RM of La Broquerie Development Plan.
- 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 ides of the principal building and shall be screened trom view trom an diacent sites and public roadways in accordance with Section 17.14 of thi 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 ResidentialRelated Use Class development and are used for parking, an outdoor service or display area, or both, they shall be screened in accordance with Section 17.14 of this By-law.
- 5) All exposed building faces shall have consistent and harmonious exterior finishing materials.
- 6) Buildings, structures and hedges adjacent to Provincial Trunk Highways, Provincial Roads and Provincial Access Roads shall be setback in accordance with The Transportation Infrastructure 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.
- 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:
- Drive-In Food Service
- b) ating and Drinking Establishme
- d) General Retail Store
- c) anid Drive-Through Vehicle Servic
- Automated Teller Machines
- 9) A dwelling unit is allowed as a permitted use in conjunction with a Tourist Campsite development if it is occupied by the owner/operator or a site watchperson or caretaker, if necessary.
- 10) All developments shall comply with Section 20.3 of this By-law.
## 15.10 Additional Regulations for the MB Zoning District
- 1) Where a site abuts the lot line of an existing or future Residential Area as indicated in the RM of La Broquerie Development Plan, a 7.62 m. (25.00 ft.) landscaped yard is required. This yard shall include a berm, fence and extensive landscaping to the satisfaction of the Designated Officer or Council.
2. Where a site abuts the lot line of an existing or future Residential Area as indicated in the RM of La Broquerie Development Plan, any buildings shall be setback a minimum of 15.24 m. (50.00 ft.) from the lot line.
3. No parking shall be permitted within the first 4.57 m. (15.00 ft.) of a required front yard and no loading, storage, trash collection, outdoor service or display area shall be permitted within a required side yard.
- 4) All developments shall comply with Section 20.1 of this By-law.
5. When outside storage of goods and materials is required:
6. the storage shall be located to the rear of a line adjacent to and parallel with the front wall of the building;
7. 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 departments) 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.
## 15.11 Additional Regulations for the MG Zoning District
- Where a site abuts the lot line of an existing or future Residential Area as indicated in the RM of La Broquerie 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.
- 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.
- All developments shall comply with Section 20.1 of this By-law.
- 4) When outside storage of goods and materials is required:
- the storage shall be located to the rear of a line adjacent to and parallel with the front wall of the building;
- b) the storage shall not project above the height of the wall or fence; and
- c) a solid fence shall be provided and maintained in a condition acceptable to the Designated Officer.
- 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 departments) 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.
## 15.12 Additional Regulations for the DR Zoning District
- 1) Notwithstanding the regulations set out in the Bulk Regulations Table (Appendix C) of this By-law, the minimum site area regulation for a Farmstead Dwelling shall be 0.81 ha. (2.00 acres).
2. The maximum building height regulation of 10.67 m. (35.00 ft.) shall not apply to buildings or structures that are accessory to a Non-Commercial
- 3) Council shall not approve any development which, in its opinion, would:
- a) substantially alter the existing state of the land;
5. 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.
7. 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.
- A dwelling unit is allowed in conjunction with a Tourist Campsite development if it is occupied by the owner/operator or a site watchperson or caretaker, if necessary.
## 15.13 Additional Regulations for the SCMU Zoning District
- All developments shall comply with Sections 20.2 and 20.3 of this By-law.
- 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 R1, R2, R3 and RC Zoning Districts.
- No parking shall be permitted within the first 4.57 m. (15.00 ft.) of a required front yard and no loading, storage, trash collection, outdoor service or display area shall be permitted within a required side yard.
- 4) Loading, storage and trash collection areas shall be located to the rear or sides of the principal building and shall be screened from view from any adjacent sites and public roadways in accordance with Section 17.14 of this
- 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 ResidentialRelated Use Class development and are used for parking, an outdoor service or display area, or both, they shall be screened in accordance with Section 17.14 of this By-law.
- 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:
- Drive-In Food Service
- c) Rapid Drive-Through Vehicle Service
- Eating and Drinking Establishment
- d) General Retail Store
- Automated Teller Machines
- 7) Any new commercial or mixed-use buildings and site plans shall incorporate the following designs and techniques to the satisfaction of the Designated Officer:
- a) Utilize high quality building materials, be attractively designed and provide extensive landscaping to the satisfaction of the Designated Officer.
- Provide bicycle parking as per Section 18.4 of this By-law
## 15.14 Additional Regulations for the LCR Zoning District
- 1) The maximum number of on-site employees for a Limited Contractor Service shall be four and shall be limited to owner operated businesses only.
2. Any materials related to a small-scale business operation shall be kept within an enclosed building. These buildings shall be constructed and finished with durable materials and blend in with the surrounding residential development.
- 3) No more than two trucks with a maximum gross vehicle weight of 6,804.00 kg. (15,000.00 lb.) gross vehicle weight can be parked overnight on any lot.
- 4) All developments shall comply with Sections 20.2 and 20.3 of this By-law.
## PART IV - SPECIAL LAND USES
## 16.0 Special Land Uses
## 16.1 Applicability
- The Special Land Use Regulations apply to the uses listed irrespective of ne Loning District in which they are located. Where these regulation ppear to be in conflict with the Zoning District regulations in which th use is either a permitted use or conditional use, the Special I and Us · precedence and shall be applied in addition to th regulations in the Zoning District.
## 16.2 Anhydrous Ammonia Facilities
An Anhydrous Ammonia Facility shall comply with the following regulations:
- It shall be located at least:
- a) 1,524.00 m. (5,000.00 ft.) from the settlement centres of Principal Centre Policy Areas as identified in the Development Plan,
- c) 100.00 m. (328.00 ft.) from the edge of the rights-of-way of a Provincial Trunk Highway or Provincial Road.
- b) 792.48 m. (2,600.00 ft.) from any Residential, Residential-Related, Basic Service and Community, Educational, Recreational and Cultural Service Use Class developments located outside the settlement centres of Principal Centre Policy Areas as identified in the Development Plan.
## 16.3 Bed and Breakfast Homes
A Bed and Breakfast Home shall comply with the following regulations:
- There shall be no exterior display or advertisement larger than 1.49 sq. m. (16.00 sq. ft.) in the settlement centre of La Broquerie, and 2.97sq. m. (32.00 sq. ft.) in other areas of the municipality, provided that no sign shall be illuminated and any sign must be compatible with the residential character of the area.
- 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.
2. 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 onsite 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.
6. All Bed and Breakfast Homes shall be registered with the Municipality.
## 16.4 Car Brokers
A Car Broker shall comply with the following regulations:
- 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.
- Notwithstanding Section 16.4 (3) of this By-law, a maximum of one vehicle may be put on display for sale in the front yard of the site on which a Car Broker operation is located at any one time.
- Notwithstanding Section 16.4 (4) of this By-law, on the site on which a Car Broker operation is located there shall be no vehicles put on display for sale within any Municipal road right-of-way.
- 6) Notwithstanding Section 16.4 (4) of this By-law, if the Car Broker operation is adjacent to a Provincial Trunk Highway, Provincial Road or Provincial Access Road, the vehicles put on display for sale thereon shall be setback in accordance with The Highways and Transportation Act and The Highways Protection Act.
- The site on which a Car Broker operation is located shall be kept in a tidy, well-maintained manner to the satisfaction of the Designated Officer.
- 8) A storage area having six or more passenger vehicles and/or light trucks that are visible from a roadway or an abutting Residential District that is within 198.12 m. (650.00 ft.) from the storage area shall be fenced and/or have a screen planting, to the satisfaction of the Designated Officer.
- 9) The Car Broker operation shall not generate pedestrian or vehicular traffic, or parking, in excess of that which is characteristic of the Zoning District in which it is located.
- 10) The Car Broker operation shall be operated solely by the members of the family residing at the same dwelling unit on the site where the Car Broker operation is located without the employment of other persons.
- 11) Any exterior display or advertisement of the Car Broker operation shall:
5. not exceed 0.37 sq. m. (4.00 sq. ft.) in area;
6. not be illuminated; and
- c) be compatible with the character of the area.
- 12) The dimensions of signage advertising the sale of vehicles shall not exceed 21.59 cm. (8.50 in.) by 27.94 cm. (11.00 in.).
- 13) The Car Broker operation shall have all outdoor lighting located and arranged on the site so that no rays of light are directed at any adjacent sites.
- 14) The maximum number of passenger vehicles and light trucks for sale at any one time shall be limited to six (6) vehicles.
- 15) All Car Brokers must be operated in accordance with all plans and documents approved as part of the application.
## 16.5 Home Industries
A Home Industry shall comply with the following regulations:
- he Home Industry shall only be allowed in conjunction with a dwelli ait and be carried out in a building that is accessory to a dwelling unit a does not exceed a floor area of 232.25 sq. m. (2,500.00 sq. ft.).
- 2) The employment of family and non-family members is allowed as part of the Home Industry to a maximum of four (4) persons.
- The selling of goods or services related to the Home Industry is allowed.
- The character and scale of the Home Industry shall not create offensive or objectionable impacts on any adjoining sites.
- Outside storage of goods and materials is allowed as part of the Home Industry, subject to the following:
- the storage shall be located to the rear of a line adjacent to and parallel with the front wall of the building;
- the storage area shall be fenced or screened from public view to the satisfaction of the Designated Officer or Council; and
- the storage shall not project above the height of the fence or screening.
- Notwithstanding Section 19.0 of this By-law, the Home Industry may have one identification sign with a maximum area of 1.49 sq. m. (16.00 sq. It.), indicating the name of the occupant and/or Home Industry of the occupant provided the sign is attached to and parallel with the wall of the principal or accessory building.
- 7) 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.
- 8) The Home Industry shall not be permitted if, in the opinion of the Designated Officer or the RM of La Broquerie Council, such use would be more appropriately located in another Zoning District having regard for, among other matters, potential traffic generation and potential interference with the character of the area.
- 9) The Home Industry shall comply with all environmental and public health standards of the Province of Manitoba. If Council determines that a proposed Home Industry may contlict with these standards, the application shall be referred to the appropriate Provincial departments) prior to issuing a development permit.
- 10) In addition to the information regulations of Section 8.0 of this By-law, each application for a proposed Home Industry shall include a description of the use to be undertaken at the premises and an indication of where any materials, equipment or vehicles associated with the use are to be stored.
- 11) A permit for a Home Industry is not transferable to a new homeowner.
- 12) All Home Industries must be operated in accordance with all plans and documents approved as part of the application.
- 13) No toxic matter, explosive, flammable, combustible, corrosive, radioactive, or other restricted material may be used, stored, or produced.
- 14) In no case shall the home industry be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m. unless permitted by the Municipality in writing.
## 16.6 Home Occupations
A Home Occupation shall comply with the following regulations:
- 1) The home occupation shall not include adult entertainment; dating and escort service; body modification; on-site painting, body repairs, or other repairs to automobiles, trucks, boats, trailers, or motorized vehicles; vehicle towing operations; dispatch centres for auto-oriented services; sales of firearms or ammunition; any business utilizing radio transmission "guipment; and any business engage d in the sales and rental of automobile
- 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. Parking for business vehicles shall be limited to two (2) and shall be restricted to existing driveways.
3. The Home Occupation shall be owned and operated by the members) of the family residing at the dwelling unit with the maximum of two (2) onsite employees.
4. Notwithstanding Section 19.0 of this By-law, the Home Occupation may have one identification sign not exceeding 1.12 sq. m (12.00 sq. tt.) 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 27.87 sq. m. (300.00 sq. It.) 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 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) 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.
- 12) Home Occupations shall be limited to those uses which do not interfere with the rights of other residents to quiet enjoyment of their neighbourhood.
- 13) In the case of retail sales, the home occupation offers commodities for sale which are limited to those produced or repaired on the premises.
- 14) If a Home Occupation is used for instructional classes, there shall not be more than eight (8) pupils at a time.
- 15) All Home Occupations must be operated in accordance with all plans and documents approved as part of the application.
- 16) No toxic matter, explosive, flammable, combustible, corrosive, radioactive, or other restricted material may be used, stored, or produced.
- 17) In no case shall the home occupation be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m. unless permitted by the Municipality in writing.
## 16.7 Livestock Operations
The regulations of this Section of the By-law shall apply to Livestock Operations.
## 16.7.1 General
- When reviewing permit applications for Livestock Operations, the Designated Officer and RM of La Broquerie Council shall consider:
- the type and size of the operation and its location in relation to neighbouring land uses;
- b) the source of water supply and proposed consumption levels;
- c) the proposed manure storage and disposal system;
- d) the nature of the land base;
- e) local resident concerns;
- for livestock operations of a size 400 A.U. or greater the Technical Review Committee report and recommendations;
- the potential impacts generated by the operation' on the Provincial highway and Municipal road systems;
- h) Provincial guidelines and regulations governing Livestock Operations; and
- i) whether there is a need for a development agreement to be entered into between the proponent and the RM of La Broquerie dealing with such conditions as the timing of construction of any proposed buildings or structures; the control of traffic; and the construction and maintenance of roads, fencing, landscaping, shelter belts, manure storage facility covers or site drainage works by or at the expense of the proponent.
3. Where the proposed development is located within the vicinity of a Provincial highway, a copy of the proposal shall also be sent to Manitoba Infrastructure for review and comment.
## 16.8 Livestock Operations Producing Fewer Than 400 Animal Units
## 16.8.1 General
- All new or expanding Livestock Operations that produce fewer than 400 Animal Units shall:
- meet or exceed all applicable Provincial and Federal government environmental and health regulations in force at the time of the permit application:
- neet or exceed any applicable site regulations.
- b) obtain a development permit from the RM of La Broquerie prior tr any development activity taking place on the site
- d) have an adequate land base that is either owned or leased by the proponent to carry out the proposed Livestock Operation; and
- e) manure storage facilities and confined livestock areas must be designed, built and operated in conformity with all relevant Provincial regulations.
## 16.8.2 Mutual Separation Regulations
- 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
TABLE 1 Mutual Separation Regulations
| | Minimum Distance | Minimum Distance | Minimum Distance | Minimum Distance |
|--------------|------------------------------------|------------------------|--------------------------------------------------|--------------------------------------------------|
| | From Single Residence | From Single Residence | From Designated Residential or Recreational Area | From Designated Residential or Recreational Area |
| Animal Units | To Earthen Manure Pacist or Fedlot | | | Storage Facility |
| 10 to 100 | 200.00m. (654.00 ft.) | 100.00 m. (328.00 ft.) | 800.00 m. (2,625.00 ft.) | 530.00 m. (1,739.00 ft.) |
| 101 to 200 | 300.00 m. (984.00 ft.) | 150.00 m. (492.00 ft.) | 1,200.00 m. (3,937.00 fl.) | 800.00 m. (2,625.00 ft.) |
| 201 to 299 | 400.00 m. (1,312.00 ft.) | 200.00 m. (656.00 ft.) | 1,600.00 m. (5,249.00 ft.) | 1,070.00 m. (3,511.00 ft.) |
| 300 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.) |
## 16.9 Livestock Operations Producing 400 or Greater Animal Units
## 16.9.1 Mutual Separation Regulations
- Except for the dwelling unit of the operator of the Livestock Operation, mutual separation distances shall be maintained between Livestock Operations and a dwelling unit or designated residential or recreational area in accordance with Table 2:
TABLE 2 Mutual Separation Regulations
| | Minimum Distance | Minimum Distance | Minimum Distance | Minimum Distance |
|---------------|------------------------------|--------------------------|---------------------------------------------------------|---------------------------------------------------|
| | From Single Residence | From Single Residence | From Designated Residential or Recreational Area | From Designated Residential or Recreational Area |
| Animal Units | To Earthen Facility or recio | To Animal | To Earthen Manure To Animal Housing Facility or Feedlot | Facility and Non- Earthen Manure Storage Facility |
| 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. (1,312.00 ft.) | 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.) |
| 12800 plus | 1,000.00 m. (3,281.00 ft.) | 500.00 m. (1640.00 ft.) | 4,000.00 m. (13,123.00 ft.) | 2,670.00 m. (8760.00 ft.) |
## 16.9.2 Development Permit Applications
- For Livestock Operations that produce 400 Animal Units or greater, in addition to the standard development application submission regulations, tec prop to ento de the tell oring panding in sock aprain may be Designated Officer and RM of La Broquerie Council.
- a) a detailed description of the proposed operation;
- the corporate identity and proof of property ownership;
- a legal description of the land on which the proposed development is to occur, by lot, block, subdivision, quarter section and registered plan numbers;
- the owner's (and applicant if different from owner) name, address, signature and interest in the land;
- a site plan showing the location of housing, storage and other facilities relative to the boundaries of the site: and
- f) servicing needs.
## 16.9.3 Animal Units
- For the purposes of this Section of the By-law, the calculation of Animal Units shall be determined based on the Animal Units Conversion Table (Appendix D) and in accordance with the Provincial Planning Regulation.
## 16.9.4 Conditional Use Hearing
- Where a conditional use hearing is required, the RM of La Broquerie Council will not set a hearing date until all of the development permit application information as specified in Section 16.9.2 of this By-law has been submitted by the applicant to the Designated Officer.
- 2) Prior to any hearing of an application for a conditional use permit to establish or expand a Livestock Operation the RM of La Broquerie shall place a public notice in accordance with the Act.
- 3) An application for a conditional use permit shall be processed and approved or rejected in accordance with the Act. If warranted, the RM of La Broquerie may consider imposing the following conditions:
- a) measures to ensure conformity with the applicable provisions of the RM of La Broquerie Development Plan, the RM of La Broquerie Zoning By-law and any secondary plan by-law;
- b) measures to implement recommendations made by the Technical Review Committee;
- c) requiring covers on manure storage facilities;
- d) requiring shelter belts to be established;
- (i) the timing of construction of any proposed building,
- e) requiring the owner of the affected property to enter into a development agreement dealing with the affected property and any contiguous land owned or leased by the owner, on one or more of the following matters:
- (ii) the control of traffic,
- (iii) the construction or maintenance - at the owner's expense or partly at the owner's expense - of roads, traffic control devices, fencing, landscaping, shelter belts or site drainage works required to service the livestock operation,
- (iv) the payment of a sum of money to the municipality to be used to construct anything mentioned in subclause (iii).
## 16.9.5 Manure Management Plans
- Proponents, owners or operators of approved new or expanding Livestock Operations involving the production of 300 Animal Units or more shall
submit a copy of the manure management plan to the RM of La Broquerie Council upon request.
## 16.10 Natural Resource Developments
- 1) The Natural Resource Development shall not excavate aggregate, topsoil or peat moss closer than the distances from any lot line, Single Dwelling or shore of a river, lake or stream than what is outlined in The Mines and Minerals Act.
2. Where any Natural Resource Development abuts the lot line of a site in Principal Centre Policy Area or any Rural Residential designated area as indicated in the RM of La Broquerie Development Plan, a 30.48 m. (100.00 ft.) landscaped yard shall be required.
3. A dwelling unit is allowed provided it is occupied by the owner/operator or a site watchperson or caretaker, if necessary.
4. No parking, loading, storage, trash collection, outdoor service or display area shall be permitted within a required side or rear yard.
- 5) When outside storage of goods and materials is required:
- b) à solid fence shall be provided and maintained in a condition acceptable to the Designated Officer.
7. the storage shall be located to the rear of a line adjacent to and parallel with the front wall of the building; and
8. Any fuel storage areas established on any site shall comply with The Storage and Handling of Petroleum and Allied Products Regulation 188/200.
9. Any used oil products and other regulated hazardous wastes generated or stored on the site shall be collected and disposed of in accordance with all applicable Manitoba Sustainable Development legislation.
10. The Natural Resource Development shall comply with all environmental and public health regulations of the Province of Manitoba. It the Designated Officer believes a proposed Natural Resource Development may contlict with these regulations, the application shall be referred to the appropriate Provincial departments) prior to issuing a development permit.
11. Development of land on high quality or useable deposits of aggregate shall be limited to non-intensive agriculture such as grazing, cropping forestry, temporary uses or other uses that will permit access to the resource, in accordance with the RM of La Broquerie Development Plan.
- 10) A development permit shall be required for quarry / aggregate / mineral extraction operations or for the expansion of an existing extraction operation and shall include:
2. In the case of Crown quarry minerals, proof of issuance of a Provincial Lease or Casual Permit under The Mines Act;
- b) A plan showing areas and means of disposing of overburden and routes for hauling the minerals; and
- C) A site plan showing the precise plan of operation, the manner in which extraction or development will occur, the means of visual buffering and noise and dust protection, and the intended use(s) of the site upon completion of the extraction phase.
- 11) In order to mitigate the negative effects of windrow burning and the impact on municipal drainage, a development permit shall be required for the clearing and development of peat land from its natural state for agricultural or other development purposes as a mineral extraction use, subject to approval of a conditional use permit, as noted in the appropriate zones.
## 16.11 Non-Commercial Farms
A Non-Commercial Farm shall comply with the following regulations:
- The minimum site area for the Non-Commercial Farm shall be 1.62 ha. (4.00 acres)
- The use of land or structures for the Non-Commercial Farm shall be limited to 1.33 Animal Units per 0.80 ha. (2.00 acres) of land.
- The maximum size for the Non-Commercial Farm shall be less than 10.00 Animal Units.
- 4) Farm buildings or structures shall be a minimum distance of 22.86 m. (75.00 ft.) from any lot line.
- 5) The keeping of animals on a site shall not be allowed in front of the dwelling unit in any Residential District.
- 6) For the purposes of this Section of the By-law, the calculation of Animal Units shall be cumulative across the species as determined based on the Animal Units Conversion Table (Appendix D), or as determined by the Province of Manitoba.
- 7) A Non-Commercial farm can only be developed in conjunction with a Single-Family Dwelling.
- All Non-Commercial Farms must be operated in accordance with all plans and documents approved as part of the application.
## 16.12 Planned Unit Developments, Residential
Planned Unit Developments shall comply with the following regulations:
- 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;
- c) the effect on the general environment including, but not necessarily limited to, drainage, groundwater and erosion;
- b) the effect on the general character of the area and adjacent areas;
- d) the effect on Municipal services and the street system; and
- e) such additional information as required by Council.
- The minimum site area for a Planned Unit Development shall be at the discretion of Council.
- 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.
- Planned Unit Developments shall be regulated through a site plan agreement or development agreement which is caveated against the title at the Land Titles office.
- 6) An overall landscaping plan shall be prepared.
- 7) Any public park areas shall be dedicated to the Municipality.
## 16.13 : Planned Unit Developments, Tiny Homes
A Planned Unit Developments for Tiny Homes shall comply with the following regulations:
- 1) Specific regulations in a Zoning District shall not directly apply to Planned Unit Developments for Tiny Homes. However, the project shall produce an environment of stable and desirable character and shall incorporate at least
equivalent standards of building separation, parking, height regulations of this By-law.
- An application for a Planned Unit Development for Tiny Homes shall include normal development permit regulations as well as an impact study that outlines the following information:
- economic, social and environmental benefits to the community;
- c) the effect on the general environment including, but not necessarily limited to, drainage, groundwater and erosion;
- the effect on the general character of the area and adjacent areas;
- the effect on Municipal services and the street system; and
- e) such additional information as required by Council.
- 3) The minimum site area for a Planned Unit Development for Tiny Homes shall be 2.02 ha. (5.00 acres).
- There shall be no more than 24 Tiny Home sites per hectare of land (10 Tiny Home sites per acre of land).
- Each Tiny Home dwelling unit shall be a minimum 27.87 sq. m (300 sq. ft.)
- 6) Planned Unit Developments for Tiny Homes shall be regulated through a site plan agreement or development agreement which is caveated against the title at the Land Titles office.
## 16.14 Small Animal Breeding and Boarding Establishment
A Small Animal Breeding and Boarding Establishment shall comply with the following regulations:
- 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) Breeding ant, Waising assistent, day digate in and from the said dwelling unit
- 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.
- There shall be no retail sale of goods from within the dwelling unit of a Small Animal Breeding and Boarding Establishment.
- 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.
## 16.15 Vehicular - Oriented Uses
## 16.15.1 Applicability
- The following Commercial Use developments shall comply with the regulations of this Section of the By-law:
- Drive-Through Food Services;
- b) Gas Bars;
- Rapid Drive-Through Vehicle Services; and
- Service Stations;
- e) Automated Teller Machines.
## 16.15.2 Development Regulations
- 1) Vehicular-oriented uses shall be located only where the Designated Officer or Council is satisfied that the development will not adversely affect the functioning of the surrounding public roadway.
- 2) The minimum frontage shall be 30.48 m. (100.00 ft.).
3. Service Stations and Rapid Drive-Through Vehicle Services shall have a minimum site depth of 30.48 m. (100.00 ft.).
- 4) Stacking space shall be provided as follows:
5. For Drive-In Food Services and other Commercial Use developments having a drive-up service window, a minimum of six in-bound stacking spaces shall be provided for vehicles approaching the drive-up service window. One out-bound stacking space shall be provided on the exit side of each service position and this space shall be located so as not to interfere with service to the next vehicle.
- b) For Rapid Drive-Through Vehicle Services, a minimum of five inbound and three out-bound stacking spaces shall be provided for each service bay, except that in the case of a complete service car wash a minimum of ten in-bound and five out-bound stacking spaces
7. For Automated Teller Machines, a minimum of three in bound stacking spaces shall be provided measured from the teller window
- d) All stacking spaces shall be a minimum of 5.49 m. (18.00 ft) long and 3.04 m. (10.00 ft) 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.
3. Gas Bars and Service Stations shall comply with the following additional regulations:
4. All pump islands and underground storage tanks shall be located at least 6.10 m. (20.00 it) trom any boundary of the site, parking area on the site, or laneways intended to control traffic circulation on the site.
5. Refuelling areas are not permitted in a required parking area.
6. A canopy over a pump island may extend to within 3.04 m. (10.0 i) of the boundary of the site. The canopy area shall not constitut part of the site coverage for the purpose of this Section of the Bylaw.
## 16.16 Wayside Pits and Quarries
New Wayside Pits and Quarries shall comply with the following regulations:
- They shall be located at least:
- 1,524.00 m. (5,000.00 ft.) from the Principal Centre Policy Areas as identified in the Development Plan;
- 150.00 m. (492.00 ft.) from the edge of the rights-of-way of a Provincial Trunk Highway or Provincial Road.
- b) 792.48 m. (2,600.00 ft.) from any Residential, Residential-Related, Basic Service and Community, Educational, Recreational and Cultural Service Use Class developments located outside the Principal Centre Policy Areas as identified in the Development Plan; and
## 16.17 Secondary Suites
- (1) Secondary Suites shall comply with the following regulations:
2. If required, by the Designated Officer, an Occupancy Permit has been issued by the Designated Officer.
3. No more than one (1) secondary suite shall be permitted on each zoning lot.
- c) One additional accessory off-street parking space is provided for the exclusive use of the secondary suite.
2. The secondary suite shall contain a kitchen, living area and bathroom.
- e) Home Occupations or Home Industries are not allowed in a secondary suite.
- f) The maximum site coverage, including the secondary suite, shall be no greater than what the applicable zoning district allows.
5. All secondary suites shall comply with all building code standards.
- h) All secondary suites shall be connected to municipal sanitary sewer where such services are available as determined by the municipality.
7. Accessible amenity outdoor space and landscaping with a minimum area of 9.29 sq. m. (100.0 sq. ft.) shall be available for use by the secondary suite tenants.
A Secondary Suite within a principal dwelling shall also comply with the following regulations:
- a) Shall only be located in a Single-Family Dwelling that is owneroccupied and the lot is not less than 668.88 sq. m. (7,200.00 sq. ft.).
2. The Single-Family Dwelling and the secondary suite have an entrance separate from the principal dwelling, either from a common indoor landing or directly from the side or rear of the house.
- c) The secondary suite is not obtrusive so as to change the one family nature of the Single-Family Dwelling.
4. The maximum size for a secondary suite is 15 percent of the living area of the Single-Family Dwelling or 78.96 sq. m. (850.0 sq. ft.), whichever is less.
- e) The minimum ceiling height shall be 2.43 m. (8.0 ft.).
A ground level Secondary Suite that is detached from the principal dwelling shall also comply with the following regulations:
- a) A secondary suite shall not have a floor area less than 55.74 sq. m. (600.0 sq. ft.) or greater than 78.96 sq. m. (850.0 sq. ft.).
2. The maximum height shall be 4.57 m. (15.0 ft.).
- c) The secondary suite shall be separated from the principal dwelling by a minimum of 3.05 m. (10.0 ft.).
4. The secondary suite shall have the same side or corner side yard setback as the principal dwelling.
- The secondary suite shall have a minimum rear yard of 1.52 m. (5.0 ft.) in the R1 Zoning District and 3.04 m. (10.0 ft.) in the other Residential Zoning Districts.
- A secondary suite shall not be allowed in any required front yards.
- The exterior of the secondary suite shall incorporate building materials, textures, and colours that are similar to those found on the principal dwelling as determined by the municipality.
A Secondary Suite located above a detached garage shall also comply with the following regulations:
- A secondary suite shall not have a floor area less than 37.16 sq. m. (400.0 sq. ft.) or greater than 74.32 sq. m. (800.0 sq. ft.).
- The maximum height shall be 7.62 m. (25.0 ft.).
- c) The secondary suite shall be separated from the principal dwelling by a minimum of 3.05 m. (10.0 ft.)
- The secondary suite shall have the same side or corner side yard setback as the principal dwelling.
- The secondary suite shall have a minimum rear yard of 1.52 m. (5.0 ft.) in the R1 Zoning District and 3.04 m. (10.0 ft.) in the other Residential Zoning Districts.
- Entrance to the secondary suite shall be directly from the exterior of the garage that is separate from the vehicle entrance to the garage.
## 16.18 Wind Turbine Generator Stations
- A Wind Turbine Generator Station shall comply with the following site regulations:
- a) the minimum site area regulation shall be 2.83 ha. (7.00 acres);
- the minimum site width regulation shall be 167.64 m. (550.00 ft.);
- the minimum front, side, corner side and rear yard regulations shall be 38.10 m. (125.00 ft.).
- In addition to Section 16.19 (1) of this By-law, a wind turbine tower shall be setback a minimum of
- a) 804.67 m. (2,640.00 ft.) from a dwelling unit or other habitable building, except for the dwelling unit of the landowner, operator, site watchperson or caretaker, in which case the minimum setback shall be 1.50 times the total height of the wind turbine tower, measured from the existing grade to the uppermost point of the
extension of any rotor blade;
- b) 1.10 times the total height of the wind turbine tower, measured from the existing grade to the uppermost point of the extension of any rotor blade, from all lot lines, railway rights-of-way and all other
- c) 804.67 m. (2,640.00 ft.) from any Agriculture Area Land Use Designation, Rural Residential Area Land Use Environmental Development Land Use Designation as identified in Maps 1 of the
3. 3.00 kilometer (1.86 miles) from any Aircraft Landing Field.
4. Notwithstanding Section 16.19 (2) of this By-law, in cases where a lot line defines and separates contiguous sites within a Wind Turbine Generator Station development, the minimum setback from the said lot line separating the wind turbine towers shall be 0.60 times the total height of the wind turbine tower, measured from the existing grade to the uppermost point of the extension of any rotor blade.
- 4) In addition to the standard development application submission regulations, the proponent of a Wind Turbine Generator Station shall also provide the following information to the satisfaction of the Designated Officer and Council, including:
6. A detailed description of the proposed operation.
- b) The corporate identity and proof of property ownership or lease agreement provisions.
- d) The owner's (and applicant if different from owner) name, address, signature and interest in the land.
9. A legal description of the land on which the proposed development is to occur, by lot, block, subdivision and registered plan numbers.
10. A site plan showing the location of all proposed wind turbine towers, above or below ground electrical lines and other facilities relative to the boundaries of the site.
- f) Servicing needs.
12. For the purposes of this By-law, a Wind Turbine Generator Station levelopment involving more than one site may, at the discretion of th Designated Officer or Council, be processed as a conditional use at the sam time, however, separate conditional use applications and any resulting conditional use orders shall be issued for each separate site.
13. Notwithstanding the above, a meteorological/research tower used for wind or climatic research shall be allowed as a permitted temporary use, subject to the issuance of a temporary development permit by the Designated Officer and the following additional regulations:
## 16.19 Care Homes
A Care Home shall comply with the following regulations:
- 1) If the care home is within a Single-Family Dwelling, the maximum number of residents, excluding family members, is four (4).
2. A care home shall not be located within 110.58 m. (330.00 ft.) of another care home.
- 3) A care home shall not generate pedestrian or vehicular traffic or parking in excess of that which is characteristic of the Zone in which it is located.
4. A care home shall be recognized, authorized, licensed or certified by the Province of Manitoba.
- 5) A care home shall meet or exceed all applicable building and fire safety regulations.
## 16.20 Boats, Utility Trailers and Motor Homes
- 1) Boats, utility trailers and motor homes may be stored in the Rear or Side Yard of a residential use class provided that:
2. the rear or side yards are accessible;
3. storage is not used for commercial purposes unless specifically allowed for in that Zoning District.
4. occupancy is prohibited during storage; and
## 16.21 Hobby Poultry
1. For sites 4.0 acres or less a maximum of six (6) hens (no roosters) may be kept and for sites greater than 4.0 acres a maximum of ten (10) hens (no roosters) may be kept, subject to the following:
- a) No person shall establish hobby poultry on a site without first obtaining a development permit;
3. Each temporary development permit shall be valid for a period of not more than two years and may not be renewed for more than one successive period of two years.
4. Setback regulations shall be in accordance with Section 17.22 of this By-law.
- Only allowed on sites zoned either RR2 or RR5 with a minimum site are of 0.81 ha. (2.0 ac.).
- The coop and enclosure must meet the following standards:
- i. located in the rear of the lot behind the dwelling and not located within the Accessory Building setbacks;
- positioned a minimum of 4.6 m. (15 ft.) from any neighbouring
- kept in a clean and tidy manner as determined by the Designated iii.
- enclosure must be covered entirely on all sides and top by chicken-grade fencing. iv.
## 16.22 Backyard Bee Keeping
1. Backyard bee keeping must meet the following requirements:
- a. No person shall establish an apiary on a non-agricultural site without irst obtaining a development permi
- c. Concealed behind a solid fence 1.8 m. (6.0 ff.)) in height or within an enclosed building.
4. . Hives are limited to a maximum of four (4) per site and must be set bac at least 7.5 m. (25 ft.) from any site line; and
## 16.23 Solar Collectors
- 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.
## 16.24 Camping and Tenting
A camping and tenting use that is part of a Commercial Resort, or Tourist Campsite shall comply with the following regulations:
- Each campground shall have a minimum site area of 2.02 ha. (5.00 ac.).
- 3) Each individual camp site shall have a minimum site area of 83.61 sq. m. (900.00 sq. ft.) and a minimum site width of 9.14 m. (30.00 ft.)
- There shall be no more than 49 campsites per hectare of land (20 campsites per acre of land).
- 4) Any permanent structure within a campsite shall be setback a minimum of 7.62 m. (25.00 ft.) from any property line and each tent or trailer site shall be setback a minimum of 6.71 m. (22.00 fl.) from any internal campground road.
- Each tent or trailer space shall have a minimum separation space of 3.05 m. (10.00 ft.) from any other tent or trailer space.
- 6) Each individual camp site shall be clearly defined, well drained and reasonably level as determined by the Designated Officer.
- 7) Each camp site shall include a parking space for one vehicle.
- Each campground shall have a minimum of one visitor parking space for each ten camp sites.
- 9) Unless each campsite is serviced by a sewage system as approved by the Province of Manitoba, each campground shall have the following restroom facilities as a minimum:
- a) One toilet for each ten tent sites with a minimum of one toilet provided for each men's and women's restroom. For men's washrooms, urinals may be provided for fifty percent of the toilet requirements.
- b) One hot water shower and one sink with hot water shall be provided for each ten tent sites. There shall be a minimum of one shower and one sink for each men's and women's restroom.
- Toilets and showers shall be partitioned for occupant privacy.
- d) Each restroom shall contain shelf space and/or hooks adequate for toilet articles and towels, a good, well lighted mirror directly above
- e) All grounds, restroom facilities, buildings and any recreational areas and equipment shall be well maintained to the satisfaction of the
- 10) No more than one travel trailer shall be parked on any standard camp site.
- 11) Each campground shall have at least one recreation area which comprises at least ten percent of the gross site area of the development. The recreation
- 12) All campgrounds shall be provided with safe and convenient vehicular access from abutting municipal or provincial government roads. Internal campground roads shall be at least 3.35 m. (11.00 ft.) for one-way traffic and 6.01 m. (20.00 fl.) for two-way traffic. Internal roads shall be well drained and adequately maintained as directed by the Designated Officer.
- 13) Each campsite shall have space for one tent or travel trailer and parking space for a maximum of two vehicles.
- 14) Service buildings are allowed on site to provide services such as laundry facilities, concessions, video games, groceries, and recreation and leisure services for Commercial Resort, or Tourist Campsite users only.
- 15) The sale of tent trailers, campers, or similar camping vehicles on a commercial basis is prohibited.
- 16) A travel trailer shall not be modified, or additions added to it in any manner which would render it non-transportable nor shall it be placed on a permanent foundation.
- 17) Each campground shall provide water and sewage disposal that meets or exceeds municipal and provincial government standards and regulations. The Designated Officer may request a written report from a professional engineered registered in the Province of Manitoba confirming the adequacy of the potable water supply and sewage disposal prior to issuing a development permit.
- 19) Subject to the approval of the Designated Officer, campfires are only permitted in designated areas such as fire pits, fire rings and grills.
- 18) Each campground shall provide a central collection facility for the disposal of recycling material and refuse.
- 20) No mobile home or manufactured home, except when used as a residence of the campground operator/manager, shall be allowed in a campground
- 22) Each camp site within a campground shall be clearly marked and shall have a number for identification.
- 21) Each campground is permitted to have one identification sign with a maximum sign area of 4.65 sq. m. (50.00 sq. ft.) and a maximum height of 6.10 m. (20.00 ft.).
- 23) If required by the Designated Officer, the applicant shall provide a site plan of the campground showing: the boundaries of the site and the total acreage; the number, size and general location of the proposed campsites; the location and size of proposed restroom and shower facilities; the location and size of the campground entrance/office; the location and size of general and visitor parking areas; the location and width of the internal road network; vehicular access provisions to the municipal or provincial government road; the proposed type, floor area and location of any proposed service buildings and operator/manager residence; the proposed recreation area(s); the location of the central refuse disposal facility; relationship to adjacent buildings and structures; the location and size of any water, sanitary sewage or land drainage systems; a landscaping plan; a contour
map of the site; and any other related information as requested by the Designated Officer.
## 16.25 Recreational Vehicle Parks
A recreational vehicle park that is part of a Commercial Resort, or Tourist Campsite shall comply with the following regulations:
- 1) A recreational vehicle park shall have a minimum site area of 4.04 ha. (10.00 ac.)
- 3) Each individual recreational vehicle site shall have an area of no less than 92.90 sq. m. (1,000.00 sq. ft.).
3. There shall be no more than 37 recreational vehicle sites per hectare of land (15 recreational vehicle sites per acre of land).
4. Any permanent structure within a recreational vehicle site shall be setback a minimum of 7.62 m. (25.00 ft.) from any property line and each recreational vehicle shall be setback a minimum of 6.71 m. (22.00 ft.) from any internal recreational vehicle park road.
- 6) Each individual recreational vehicle site shall be clearly defined, well drained and reasonably level as determined by the Designated Officer.
6. Each recreational vehicle shall have a minimum separation space of 3.05 m. (10.00 ft.) from any other recreational vehicle.
- 7) Each recreational vehicle site shall contain a pad 3.05 m. (10.00 ft.) by 9.14 m. (30.00 ft.) which shall be composed of a minimum of crushed aggregate type materials that the recreation vehicle shall be parked.
8. Each recreational vehicle park shall have at least one recreation area which comprises al least ten percent of the gross site area of the development. Recreational equipment such as a pool, playground and picnic tables can be located within the recreation area.
- 8) No more than one recreational vehicle shall be parked on any standard recreational vehicle site.
- 10) All recreational vehicle parks shall be provided with safe and convenient vehicular access from abutting municipal or provincial government roads. Internal recreational vehicle park roads shall be at least 3.35 m. (11.00 ft.) for one-way traffic and 6.01 m. (20.00 ft.) for two-way traffic. Internal roads shall be well drained and adequately maintained as directed by the Designated Officer.
- 11) Service buildings are allowed on site to provide services such as laundry facilities, concessions, video games, groceries, and recreation and leisure
- 12) Unless each recreational vehicle site is serviced by a sewage system as approved by the Province of Manitoba, each recreational vehicle park shall have the following restroom facilities as a minimum:
- a) One toilet for each 15 recreational vehicle sites with a minimum of one toilet provided for each men's and women's restroom. For men's
- washrooms, urinals may be provided for fifty percent of the toilet requirements
- c) Toilets and showers shall be partitioned for occupant privacy.
- b) One hot water shower and one sink with hot water shall be provided for each 15 recreational vehicle sites. There shall be a minimum of one shower and one sink for each men's and women's restroom.
- d) Each restroom shall contain shelf space and/or hooks adequate for toilet articles and towels, a good, well lighted mirror directly above each sink, an electric outlet convenient to the sink, ample general illumination, wastebaskets and windows and doors designed for complete privacy to the satisfaction of the Designated Officer.
- 13) All grounds, restroom facilities, buildings and any recreational areas and equipment shall be well maintained to the satisfaction of the Designated Officer.
- 14) Each recreational vehicle park shall provide a potable water system and sewage disposal that meets or exceeds municipal and provincial government standards and regulations. The Designated Officer may request a written report from a professional engineered registered in the Province of Manitoba confirming the adequacy of the potable water supply and sewage disposal prior to issuing a development permit.
- 15) Each recreational vehicle park shall provide a central collection facility for the disposal of recycling material and refuse.
- 17) Each recreational vehicle park is permitted to have one non-illuminated identification sign with a maximum sign area of 4.65 sq. m. (50.00 ft.) and a maximum height of 6.10 m. (20.00 ft.).
- 16) No mobile home or manufactured home, except when used as a residence of the campground operator/manager, shall be allowed in a recreational vehicle park.
- 18) Storage sheds are permitted on the recreational vehicle sites, subject to a maximum size of 9.29 sq. m. (100.00 sq. It.).
- 19) Each recreational vehicle site shall include a parking space for a minimum of one vehicle to a maximum of two vehicles.
- 20) Each recreational vehicle park shall have a minimum of one visitor parking space for each ten recreational vehicle sites.
- 21) If required by the Designated Officer, the applicant shall provide a site plan of the recreational vehicle park showing: the boundaries of the site and the total acreage; the number, size and general location of the proposed recreational vehicle sites; the location and size of the recreational vehicle park entrance/office; the location and size of general and visitor parking areas; the location and width of the internal road network; vehicular access provisions to the municipal or provincial government road; the proposed structures; the location and size of any water, sanitary sewage or land
drainage systems; a landscaping plan; a contour map of the site; and any other related information as requested by the Designated Officer.
## 16.26 Equestrian Commercial Establishments
Equestrian Commercial Establishments shall comply with the following regulations:
- The maximum number of equine animals per equestrian commercial establishment is one for every 0.81 ha. (2.00 ac.) of land.
- An equestrian commercial establishment shall have a minimum site area of 8.10 ha. (20.00 ac.) of land.
- ny buildings that permanently (or have the ability to permanently) hous nimals associated with an equestrian commercial establishment shall be minimum of 38.10 m. (125.00 ft.) from the nearest residence on an adioining property at the time of construction.
- 5) Fences used for corrals or pastures shall be set back a minimum of 2.29 m. (7.50 ft.) from a property line and 15.24 m. (50.00 ft.) from any adjoining swimming pool, patio or other regularly used living area as measured by the Designated Officer.
- 4) Any barns associated with an equestrian commercial establishment shall be a minimum of 15.24 m. (50.00 ft.) from the nearest property line.
- 6) Any on-site commercial uses that are accessory to the equestrian commercial establishment shall be limited to those uses intended to service the needs of the surrounding equestrian and agricultural communities as determined by the Designated Officer.
- 8) Manure management and facilities shall meet or exceed all provincial government regulations related to the storage, handling and disposal of
- 7) The use of recreational vehicles, travel trailers, campers or similar vehicles as temporary accommodation is permitted but shall not exceed two (2) weeks.
## 16.27 Mobile Food Vehicles and Outdoor Food Carts
Mobile Food Vehicles and Outdoor Food Carts shall comply with the following
- regulationtain a Health Permit from Manitoba Health prior to operating and shall be inspected on an annual basis by a Public Health Inspector.
- 2) Prior to obtaining a development permit or business license from the municipality the applicant or business owner shall provide the following information:
- the applicants and/or business owners name and operating name.
- the pricated bouts oyperatiod being sold.
- a copy of the Health Permit.
5. Obtain a development permit and business license from the municipality. Development permits or business licenses are not transferable.
- 4) Provide evidence that the applicant or business owner has obtained a policy of commercial liability insurance in the amount of $2,000,000.00. The insurance policy shall name the municipality as an additional insured with evidence of cross insurance liability.
7. Mobile Food Vehicles and Outdoor Food Carts are only allowed within or adjacent to, as determined by the Designated Officer, Commercial or Industrial Zoned properties.
- 6) Street locations and sidewalks are available to all licensed vendors daily on a first-come first served basis.
- 7) Vendors shall comply with all municipal regulations, parking zone restrictions and posted signs.
10. Mobile Food Vehicles or Outdoor Food Carts cannot block driveway aisles.
- 8) Sales shall only be on the curbside of the vehicle or food cart
- 10) No Mobile Food Vehicles or Outdoor Food Carts shall be located and operated within 30 m. (98.4 ft.) of a Drive-In Food Service, Eating and Drinking Establishment, Hotel or Truck Stop except with the written consent of the proprietor of these operations.
- 12) Cannot operate within 61.0 m. (200.0 ft.) of the property boundary of any public or private school with grades kindergarten to 12.
- 11) Have someone in attendance at all times.
- 13) Can sell only food and non-alcoholic beverages.
- 14) Shall not impede the safe movement of vehicular and pedestrian traffic.
Mobile Food Vehicles shall also comply with the following regulations:
- Vehicles shall not have external signage or equipment not contained
- 1) Vehicles shall provide independent power supply which is screened from view.
- 4)
- Vehicles shall not use outside sound amplifying equipment or other Propan devices halse atasha for such asino the hers or and allow for
- Vehicles shall not be parked within 3.0 m. (9.8 ft.) of an intersection, any building entrance or doorway or access ramp/parking space designated for
disabled persons. Further, vehicles shall not be parked within 4.5 m. (14.8 ft.) of any fire hydrant.
- 6) Operators of Mobile Food Vehicles shall maintain clean work and storage areas, present a neat appearance and provide a garbage receptacle for customers.
## 16.28 Cannabis Stores
Cannabis stores shall not be established within 304.0 m (1,000 ft.) of the property line of school or recreation facility (indoor or outdoor).
## PART V- DEVELOPMENT REGULATIONS
## 17.0 General Development Regulations
## 17.1 Applicability
- 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
- Ingress and egress to and from required parking spaces and areas shall be provided by means of unobstructed driveways or passageways at least 4.57 m. (15.00 ft.) and no more than 7.92 m. (26.00 ft.) in perpendicular width.
- The maximum width of any joint ingress and egress driveway measured along the street shall be 10.67 m. (35.00 ft.).
- 3) The minimum distance between any two driveways on one lot or between a driveway and an intersection of street lines measured along the street line intersected by such a driveway shall be 9.14 m. (30.00 ft.).
- The minimum angle of an intersection between a driveway and a street line shall be 60 degrees.
- Every lot shall be limited to the following number of driveways:
- Lot frontage between 15.24 (m) and 30.48 m (100.00 ft.) - 2 driveways
- a) Lot frontage less than 15.24 m (50.00 ft.) - 1 driveway
- c) Each additional 30.48 m. (100.00 ft.) - 1 driveway
- 6) Permits for developments within controlled areas adjacent to Provincial Truck Highways, Provincial Roads and Provincial Access Roads shall be required from the appropriate Provincial government agency.
## 17.3 Accessory Uses, Buildings and Structures
- Accessory developments are permitted when accessory to a permitted use.
- Accessory developments are conditional when accessory to a conditional use.
- Where any building or structure on a site is attached to a principal building on the site by a root, an open or enclosed structure above grade, a floor or foundation which is above grade, or any structure below grade allowing access between the buildings such as a parking garage or a corridor or
passageway connecting the buildings, it is a part of the building and is not an accessory building.
- 4) No accessory building or structure shall be constructed on any site prior to the time of construction of the principal building to which it is an accessory.
2. No accessory building or structure shall be used as a dwelling unit, with the exception of approved Secondary Suites.
- 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
5. where the accessory building is detached from the principal uilding, it shall not be located closer than 3.05 m. (10.00 it.) clea of all projections to the principal building, nor shall it be locate closer to a public roadway than the front wall of the principal building in the R1, R2, R3, RR2 and RR5 zoning districts nor shall it be located closer than 1.52 m. (5.00 ft.) clear of all projections to another detached accessory building.
- 7) Accessory buildings or structures shall be subject to the regulations for that Zoning District.
7. 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 tt.) in the R1, K2, R3, R C/S, DR, RC, and RMH Zoning Districts, or a door height exceeding 4.27 m. (14.00 ft) in the RR2, RR5, GD and LCR Zoning Districts.
- 10) No accessory building or structure shall be located within a dedicated easement or right-of-way.
## 17.4 Building Grade
- 1) to ensure that the level of the surrounding fill at the building line shall not
## 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 La Broquerie Council. development adjacent to said future road allowance shall comply with the regulations of the By-law as if the said future road allowance was already in existence.
## 17.6 Composting
- detailed engineering study from the applicant certifying that the proposed composting operation meets or exceeds all applicable regulations.
## 17.7 Connecting to Municipal Services
- All new principal buildings constructed on a site that is serviced by Municipal sewer or water shall be connected to such services.
## 17.8 Excavation, Stripping and Grading
- 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:
- comply with Municipal By-laws, as amended, that regulate the excavation, stripping or grading of land; and
- i) the location and area of the site on which the excavation, stripping or grading is to take place;
- b) provide the following details in their development permit application:
- ii) the existing land use and vegetation;
- ili) the type and dimensions of the excavation to be made, and the ettect on existing drainage patterns; and
- iv) the condition in which the excavation is to be left when the operation 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.
- 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:
- the operation will be carried out so as to create a minimum of dust and environmental disturbance; and
- 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.
- The Designated Officer may require as a condition of issuing a permit to excavate land, that the applicant take the precautions and follow the nethods prescribed by the Designated Officer for the prevention or contro if dust or any other nuisance caused by the proposed operation, and for th
## 17.9 Fences
- 1) A fence shall be permitted in a required yard or on the boundaries of a required yard provided it complies with the fence regulations of this Bylaw.
2. A fence in a R1, R2, R3, RR2, RR5, RC/S, RC, RMH, GD and LCR Zoning Districts:
3. Shall not include electric fences or barbed wire fences.
- b) Shall not be higher, measured from the general ground level at 0.61 m. (2.00 ft.) from within the lot line of the site on which the fence is to be constructed, than 1.22 m. (4.00 ft.) in a required front yard; and 1.98 m. (6.50 ft.) in a required side or rear yard.
- 3) Notwithstanding 17.9 2) (b) the permitted height of a fence can be increased or decreased at the discretion of the Designated Officer to reflect the grade of surrounding sites.
6. A fence in all Zoning Districts, excluding the RL and RG Zoning Districts and those listed in 17.92):
7. Shall not include electric fences or barbed wire fences except in the case of Commercial and Industrial Use Class developments where the top 0.60 m. (2.00 ft.) of the fence can be barbed wire for securit purposes.
8. Shall not be higher than 1.22 m. (4.00 ft.) in a required front yard; and 1.98 m. (6.50 fl.) in a required side or rear yard.
- 5) Notwithstanding the above, the maximum height of a fence for Public Education Service, Private Education Service, Public Utility Service or Public Park Use developments shall be 3.05 m. (10.00 ft.), excepting chain link fences for which there shall be no height limitation.
- 6) Notwithstanding the above, for Industrial and Commercial Use Class developments:
- a) the maximum height of a fence located in a rear yard shall be 3.66 m. (12.00 fl.); and
4. outside storage shall not be allowed to project above the height of the fence.
- 7) Notwithstanding the above, the permitted height of a fence can be increased or decreased at the discretion of the Designated Utticer to retlect the grade of surrounding sites.
6. An electric fence is allowed in the RL and RG Zoning Districts where an approved development is located but shall not include electrified barbed wire fences.
7. Permitted fencing materials in the R1, R2, R3, RR2, RR5, RC/S, RC, RMH, GD and LCR Zoning Districts include:
- painted or pressure wood
- concrete
- ornamental block
- brick
- metal
- dense evergreen plants
- combination thereof of the above materials
- any other material, subject to illustrations by a certified engineer or architect and approval by the Designated Officer.
Further, the above noted fencing shall be uniformly painted/stained/treated and maintained to the satisfaction of the Designated Officer.
## 17.10 Flood Prone or Hazard Prone Lands
Notwithstanding any other provision of this By-law, the Designated Officer may refuse to issue a building and / or development permit where the proposed building or structure, as determined by the Designated Officer, is to be located within the floodway of a river, stream, drain or watercourse, and where the Designated Officer has determined that placement of said structure would impede the flow of flood waters and/or create a hazard to life, limb or property.
Where the Designated Officer has determined that flood hazards do not exist on the entire building site or where the proposed building or structure is to be located in an area of minimal flooding, within the floodway fringe of a river, stream, drain or watercourse, or is otherwise subject to minor ponding or runoff, it may permit such lands to be developed provided that:
- a. Each lot contains an adequate sized building site where all buildings shall be protected from flooding by raising the building site (grade) for at least twenty (20) feet around each building to the flood protection level, which is two (2) feet above the 200-year flood level or a recorded flood exceeding the 200-year flood, whichever is greater;
2. The backwater effect from the development and of all other flood prone areas in accordance with these criteria is within the limits specified for the area by the Province;
3. Prior to the issuance of a building / development permit, the Designated Officer may require that the permit application be accompanied by a professional engineering report confirming the adequacy and safety of the proposed flood protection works;
- d. The elevation of the basement floor is not lower than the flood protection level by two (2) feet if the fill material is pervious such as sand; or five and one-half (5½) feet if the fill material is impervious such as clay and:
- i. Not contain habitable space and not be used for storage of immovable materials or hazardous materials that are buoyant, flammable, explosive or toxic;
- ii. Not contain any electrical circuit breaker panels;
- iii. Be provided with a sump pump; and
- iv. Have back-up valves in the sewer pipes or pipes leading to a holding tank or disposal field.
- e. Notwithstanding any other provision of this By-law, the Designated Officer may:
- i. Refuse a building and / or a development permit where the Designated Officer has determined that the proposed building or structure is to be located on land subject to erosion, bank instability, sloughing, or is to be located on low-lying wetlands having insufficient bearing strength to accommodate said building or structure; and
- ii. Require that the proposed building or structure be constructed and located in such a manner as to negate the effects of the hazard.
- f. The Designated Officer may require that the applicant provide, at their own expense, such flood levels, elevations, or other geotechnical data as may be required for its determinations with respect to subsections a., b., c. and d. above.
## 17.11 Hazardous Materials Storage
- No commercial-related or industrial-related Bulk Storage Facility, Agricultural Crop Protection Warehouse or Agricultural Product Storage shall be located within:
- 804.65 m. (2,640.00 ft.) of the Principal Centre Policy Areas as identified in the Development Plan;
- 304.80 m. (1,000.00 ft.) of a building used for human occupancy; and
- 100.00 m. (328.00 ft.) from the edge of the rights-of-way of Provincial Trunk Highways, Provincial Roads as well as all Provincial Access Roads.
## 17.12 Height of Features
- 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
## 17.13 Land Drainage
- At the discretion of the Designated Officer a development permit may be required for any drainage works undertaken on any lands, where it is proposed to alter or divert the natural course of a watercourse.
- Notwithstanding any other regulation of this By-law, the Designated Officer or RM of La Broquerie Council may refuse a development permit for, or prohibit, any drainage works to be undertaken on lands where it has been determined that such works would create an adverse effect on adjacent public or private lands or where adjacent drains are insufficient to accommodate the added runoff.
## 17.14 Landscaping
- 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 and TwoFamily Dwellings).
- A landscaping plan is required, and no landscaping work shall be commenced unless the landscaping plan is approved by the Designated Officer.
- 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
- all shrubs and trees, whether existing or proposed, labelled by their common name, botanical name, and size.
- Notwithstanding the regulations of Section 17.14 (2) of this By-law, the Designated Officer may consider an application if, in their opinion, the development is of such a nature as to enable the decision to be made on the application without all of the information.
- In the event that planting material required in an approved development is inappropriate or fails to survive, the Designated Officer may allow or require alternative materials to be substituted.
- 6) All plant material required shall be hardy to the location on the site where they are planted. The horticultural standards of the Canadian Nursery Trades Association shall be used as a reference in selecting plants.
- 7) The applicant shall be responsible for landscaping and proper maintenance. The Designated Officer may require, as a condition of approval, that the applicant provide an irrevocable letter of credit in the amount of 100.00 percent of the estimated landscaping cost, the condition of the said irrevocable letter of credit being that, if the landscaping is not completed in accordance with this By-law and the plan within one growing season after the completion of the development, then the amount required to complete the landscaping shall be paid to the Municipality from the said irrevocable letter of credit.
- Where landscaping is required as part of any Commercial Use Class development, trees shall be provided on the basis of a minimum one tree for each 41.81 sq. m. (450.00 sq. ft.) of any required yard at grade.
- 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 thereot, with sufficient height to substantially block the view, shall be substituted for the regulations of Section 17.14 (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 17.14 (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 1.98 m. (6.50 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 his By-law free from refuse and debris and with a neat appearance and sha naintain plant materials including lawns and naturalized landscaping. in healthy condition. The owner shall replace any plant material required by this By-law that dies or becomes diseased.
## 17.15 Lighting of Sites
Outdoor lighting for any development:
- 1) Shall be low glare in nature and located and arranged so that no direct rays of light are directed at any adjoining properties or interfere with the effectiveness of any traffic control devices.
2. All light fixtures shall be fully cut off such that no portion of the lamp extends below the lowest point of the lamp housing.
3. If ground mounted, the maximum height shall be 10.67 m. (35.00 ft.).
4. Wall-mounted lights must have fully shielded luminaries to direct all light downward
## 17.16 Moving of Structures
- 1) No person shall move any structure or part thereof off their 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.
## 17.17 Noxious or Offensive Uses
- 1) Nothing in this By-law, or in a development permit, approval or a conditional use order, variation order or other approval issued under this By-law or under the Act, shall be construed as authorization for the carrying out of any activity that is a nuisance.
## 17.18 Outdoor Solid Fuel Heating System Buildings or Structures
An outdoor solid fuel heating system building, or structure shall comply with the following regulations:
- No person shall install an outdoor solid fuel heating system building or structure without first obtaining a development permit from the Designated Officer and no development permit to install an outdoor solid fuel heating system building or structure shall be issued unless all the regulations of this By-law have been satisfied.
- No outdoor solid fuel heating system building, or structure shall be located in the Principal Centre Policy Areas as identified in the Development Plan, or within 1.61 km. (1.00 mile) of the boundaries thereof.
- 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.
- Notwithstanding Section 17.18 (3) of this By-law, an outdoor solid fuel heating system building, or structure shall be located:
- 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.
- The outdoor solid fuel heating system building, or structure shall be developed in accordance with CSA building regulations, applicable Provincial building code regulations and the National Building Code.
- 6) Notwithstanding Section 17.12 of this By-law, the minimum height of any chimney that is part of an outdoor solid fuel heating system building or structure shall be 3.35 m. (11.00 ft.).
- 7) The minimum separation space between an outdoor solid fuel heating system appliance and the walls and ceiling of any building or structure within which it is located shall be 1.52 m. (5.00 ft.).
## 17.19 Private and Semi-Private Swimming Pools and Hot Tubs
A Private and Semi-Private Swimming Pool and Hot Tub shall comply with the following regulations:
- 1) They shall meet Provincial regulations and any applicable building code.
- 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.
- They shall be completely enclosed with a fence or other suitable barrier constructed or erected in accordance with the following:
- a) it shall have a minimum height of 2.0 m. (6.56 ft.) which shall be self-closing and equipped with a lockable latch to prevent unauthorized entry
- there shall be no entry other than an entry to a building or a gate anc it shall be constructed so as to prevent a child from crawling under either the fence or gate; and b)
- the enclosure surrounding the swimming pool or hot tub shall be maintained in good repair. c)
- They shall not be located directly under electrical service wires. 4)
## 17.20 Ponds
A Pond as determined by the Designated Officer (excluding a natural water course or licensed drain or ponds with the RL or RG Zoning Districts) shall comply with the following regulations:
- All ponds require a development permit.
- Ponds shall comply with the bulk regulations pertaining to accessory uses, buildings and structures.
- If a pond is used as a swimming pool it shall comply with Section 17.19 of this By-law and the Manitoba Building Code.
- 4) If a pond is not used as a swimming pool, it shall meet the following regulations:
- The edgo of the pond shall be rip rapped and have a 6:1 slope, or
- It shall be enclosed by 1.52 m. (5.00 ft.) fence.
- Ponds are limited to a maximum site area of ten (10) percent of the property.
## 17.21 Projections into Yards
The following features may project into a required yard as provided for below:
- Uncovered walks, wheelchair ramps, trellises, flagpoles, lighting fixtures and lampposts.
- Verandas, porches, eaves, shade projections, unenclosed steps, cantilevers, belt courses, sills, together with any other ariet or aeratures chich, in, bell curses fith Desther ted ner, her of a similar character, provided such projections do not exceed 0.91 m. (3.00 ft.) and cannot be further varied by the Designated Officer.
- Bay, oriel, or similar windows, provided that such projections do not exceed 0.91 m. (3.00 ft.) and cannot be further varied by the Designated Officer.
- Balconies and fire escapes provided such projections do not exceed 0.91 m. (3.00 ft.) and cannot be further varied by the Designated Officer.
- Any loading space required under the regulations of this By-law, provided it shall not be in a required front yard.
- 6) An off-street parking area when comprised of parking spaces required under this By-law, provided that no parking area in any Zoning District shall be located within the first 6.1 m. (20.00 ft.) of a required front yard or front separation space. This shall not prohibit the use of a required front yard for such walkways and driveways as the Designated Officer considers necessary.
- 7) The Designated Officer may allow an obstruction or exception not listed in Section 17.20 1) - 6) of this By-law, provided the obstruction or exception will have no greater impact on surrounding properties than those permitted.
- In all Residential Districts no person shall keep in any part of a site:
- a) Any commercial vehicle loaded or unloaded, of a maximum weight exceeding 6,804.00 kg. (15,000.00 lb.) gross vehicle weight.
- b) Any dismantled or wrecked vehicle for more than fourteen consecutive days unless otherwise authorized under any applicable
- c) Any object or chattel which, in the opinion of the Designated Officer or RM of La Broquerie Council, is unsightly or tends to adversel
- Any above-ground or below-ground Bulk Storage Facility.
## 17.22 Special Setbacks
- No dwelling unit shall be located within 400.00 m. (1,312.00 ft.) of the boundary of any active closed or abandoned waste disposal ground unless:
- a Certified Professional Engineer of Manitoba determines that there will be no migration of methane gas; and
- b) approval has been obtained from Manitoba Sustainable Development.
- No dwelling unit shall be located within 457.20 m. (1,500.00 ft.) of the boundary of a Municipal sewage lagoon.
- No dwelling unit shall be located within 152.40 m. (500.00 ft.) from the edge of a right-of-way established for the transmission of high-pressure natural gas or the transmission of hydroelectricity 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 with the exception of the lots legally existing before the passing of this By-Law.
- No dwelling unit or farm building shall be located within 500 m. (1,640.00 ft.) of 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.
- 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.
- 7) Notwithstanding other provisions of the By-law, a dwelling unit within 500.00 m. (1,640.00 ft.) of the property limits. of an active quarry site shall be deemed a conditional use.
- 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.
- For the purpose of side yard regulations, the following dwellings that have Two Family walise emi-Detered were bus. occupy Dwel los Semi-Detached Dwellings, Townhouse Dwelling: and Multiple Family Dwellings. Side yard regulations shall not apply along the common party walls.
- 10) In the case of a corner lot, the front yard shall be the yard abutting the front lot line.
- 11) Despite Section 17.22 (10) 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.
- 12) The Designated Officer may require 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.
- 13) Buildings, structures and hedges adjacent to Provincial Trunk Highways, Provincial Roads and Provincial Access Roads shall be setback in accordance with The Transportation Infrastructure Act.
- 14) No private dwellings or structures shall be located within 30.38 m. (100.00 ft.) of the top-of-bank line of a watercourse as determined by the Designated Officer in consultation with Provincial government officials.
6. Communication towers shall be set back from all dwellings (at the time of the development application) for property zoned Residential, Community or Mixed Use by a minimum of at least one time the height of the proposed tower.
## 17.23 Shipping Containers of Similar Such Containers
- Shipping containers or similar such containers shall comply with RM of La Broquerie By-Law No. 09-2016.
- Notwithstanding any other provisions of this By-law, shipping containers or similar such containers are classified as a conditional use in the RR2, RR5, CH, MB, MG, LCR, GD, and RCI Zoning Districts; and in the RL and RG Zoning Districts are classified as a permitted use on properties of 20 acres or more and a conditional use on properties less than 20 acres.
## 17.24 Fabric Covered Structures
- Fabric covered structures or buildings with similar material as determined y the Designated Officer are allowed in any Zone and shall comply with egulations in Section 17.3 as well as each Zone Site Regulations fo Accessory Uses, Buildings and Structures.
- Within the R1, R2, R3, RR2, RRS, RC/S, RC, LCR, SCMU, and GD Zoning Districts fabric covered structures or buildings with similar material as determined by the Designated Officer shall not be located closer to a public
garage. roadway than the front wall of single family dwelling including an attached
## 17.25 Lots Adjacent to Stormwater Retention Areas
- If the property has been subject of a development agreement between the Municipality and the owners of the lands, the yards required by those agreements are not affected by the enactment of this By-law and continue to apply to those lands until those agreements are terminated by the parties. If the property has not been the subject of a development agreement stating a specific minimum yard requirement from the stormwater retention area, then the following minimum rear yards apply:
- (a) 15. 24 m. (50.00 ft.) measured from the rear lot line to any temporary use or structure and open swimming pool;
- (c) 29.00 m. (95.00 ft.) from a rear lot line to any principal building.
- (b) 22.86 m. (75.00 ft.) from the rear lot line to any detached accessory building; and
## 18.0 Parking and Loading
## Parking and Loading Requirements
## 18.1 General
- When any new development is proposed, including a change of use of existine developity, or henan shine made for entire large ar then provision shall be made for off-street vehicula 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 their own determination as to the regulation.
- Where the parking space regulation is determined by reference to a unit such floor area. the next higher number shal s the number of bedrooms or seats, floor area, the next higher number sha spaces.
- In the case of the multiple use of a site, the Designated Officer shall , unless the applicant car lemonstrate to the satisfaction of Council through a parking demand stud hat there is a complementary use of the parking facilities which woul
## 18.2 Parking and Loading Development Standards
- Except as provided below, each required non-residential off-street parking space shall be a minimum of 2.59 m. (8.50 ft.) in width, and a minimum of 5.49 m. (18.00 ft.) in length, exclusive of access drives or aisles, ramps, or columns. Such spaces shall have a vertical clearance of at least 1.98 m. (6.50 ft.). For parallel parking, the length of the parking spaces which shall be increased to 6.71 m. (22.00 ft.), except an end space with an open end shall be a minimum of 5.49 m. (18.00 ft.). For parking spaces other than parallel parking spaces, up to 15.00 percent of the required parking spaces may be of a length shorter than that required above, to a minimum of 4.58 m. (15.00 ft.).
Table 3 Off Street Parking Regulations
| Use Class | Parking Spaces Required |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Residential and Residential-Related Use Classes | |
| Multiple Family Dwelling Single Family Dwelling | .00/Sleeping Accommodatio .00/each 2 Dwelling or Sleeping Unit 1.00/Dwelling Unit 1.20/Dwelling Unit 1.00/Dwelling Unit 1.00/Dwelling Unit |
| Commercial Use Classes | |
| Hotel and Motel Eating and Drinking Establishment | 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 |
| Convenience and General Retail Stores All Other Commercial Establishments | 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 Community Services Use Classes Indoor Participant Recreation Service, Religious Assembly, Outdoor Participant Recreation Service, Private Club, Public Library and Cultural Exhibit, and Community Recreation Service | 1.00/92.90 sq. m. (1,000.00 sq. ft.) of floor area or 1.00/5 employees, whichever is greater 1.00/5 Seating spaces or 3.05 m. (10.00 ft.) of bench space. Where there are no fixed seats, |
| Extended Medical Treatment Service Public and Private Education Service | 1.00/each 9.29 sq. m. (100.00 sq. ft.) of floor area devoted to the assembly room floor area 2.00/Bed 1.50/Classroom, plus 1.00/each 9.29 sq. m. (100.00 sq. ft.) of floor area devoted to public use |
| Government Service | 1.00/51.10 sq. m. (550.00 sq. ft.) of floor area 1.00/2 Employees |
| Child Care Service | |
| Funeral Service | 1.00/5 Seating places |
- Aisles shall be a minimum of 7.01 m. (23.00 ft.) wide for 90.00-degree parking, 5.49 m. (18.00 ft.) wide for 60.00-degree parking, and 3.66 m. (12.00 ft.) wide for 45.00 degree and parallel parking.
- Except as otherwise provided for in this By-law, no parking spaces shall be within the first 4.57 m. (15.00 ft.) of a required front yard.
- For Residential and Residential-Related Use Class developments, the required parking spaces shall be wholly provided on the same site as the principal building. For all other uses, the parking spaces shall be located not more than 100.58 m. (330.00 ft.) from the principal building, unless otherwise approved by Council. Such distance shall be measured along an accessible public roadway from the nearest point of the parking area to the nearest point of the site where the principal building or use is located.
- Every off-street parking and loading space provided or required in the CC, or CH Zoning Districts shall be hard surfaced if such area lies in front of the principal building.
- Every off-street parking and loading space provided or required in the CC, CH, MB, SCMU or RCI 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 offstreet parking and loading space in the CC, CH, MB, MG, SCMU or RCI Zan nil minics need note hard suit or buri shale such a prace
- 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 It.) Ior each parking space. In reinine annount of 1.49 .. 6000 sed in for each parking space. Te ithin the parking area so as to break up large areas of parking and t rovide visual reliel
- 9) A parking area having eight or more parking spaces, and which is visible from an abutting site in a Residential District shall be fenced or have a screen planting. The location, length, thickness and height of such fence or screen planting shall be in accordance with the landscaping plan.
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## 18.3 Accessible Parking Spaces
- 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 tt.); 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.);
- (c) nust include signage reserving the space for the use by person. with disabilities.
- (b) must be located within 60.96 m. (200.00 ft.) of major building entrances used by residents, employees, or the public; an
- 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.
- Accessible parking space requirements are as follows:
| Total No. Of Parking Spaces | Min. No. Of Handicapped Stalls |
|-------------------------------|----------------------------------|
| 1-25 | 1 |
| 25-50 | 2 |
| 51-75 | 3 |
| 75-100 | 4 |
| 101-150 | 5 |
| 151-200 | 6 |
## 18.4 Bicycle Parking Spaces
- 1) For any new Commercial Use Class or Community Service Use Class, the owner shall provide one lockable bicycle space per 20 required Off-Street parking spaces.
2. Required bicycle parking shall be located with convenient access to the major building entrance as determined by the Designated Officer.
## 18.5 Off Street Loading
- When any new development is proposed including a change of use of existing development, or when any existing development is, in the opinion if the Designated Officer, substantially enlarged or increased in capacit ff-street vehicular loading and unloading spaces shall be provided i accordance with the following:
- For all Commercial Use Class developments excluding Professional, Financial and Office Support Services:
- i) One space shall be required for less than 464.50 sq. m. (5,000.00 sq. ft.), two spaces for 464.50 sq. m. (5,000.00 sq. ft.) to 1,486.40 sq. m. (16,000.00 sq. ft.) and one space for each additional 2,322.50 sq. m (25,000.00 sq. ft.).
- b) For all Professional, Financial and Support Services, as well as all Industrial, Basic Service, or Community, Educational, Recreational, and Cultural Service Use Class developments:
2. 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.).
3. 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.
4. Loading and unloading spaces shall be of adequate size and with adequate access, both to the satisfaction of the Designated Officer, to accommodate the types of vehicles which will be loading and unloading, without those vehicles projecting into a public roadway. In no case shall the space be less than 27.87 sq. m. (300.00 sq. m.) or less than 2.59 m. (8.50 ft.) wide or have
## 19.0 Signs
## 19.1 General
- 1) No person shall erect a sign without first obtaining a development permit from the Designated Officer and no development permit to erect a sign shall be issued unless all the sign regulations of this By-law have been satisfied.
2. Where regulations of this By-law are inconsistent with the regulations respecting signs on or near public highways made or administered by the department of Manitoba Infrastructure, 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:
5. 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;
6. 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;
2. except for Community Service Clubs, Religious Assemblies, and General Advertising Signs, is not related to any business upon the site where the sign is located;
3. 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 t alter the sign so that it complies with the regulations of this By-law, or
## 19.2 Abandoned Signs
- 1) Where a Designated Officer finds a sign to be abandoned, the Designated Officer may, 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 La Broquerie Council, shall result in the removal of the sign by the Municipality with the owner or the person responsible for the contravening sign assuming liability for all removal costs.
## 19.3 General Sign Regulations
- 1) Quality, aesthetic character, and finishing of sign construction shall be to the satisfaction of the Designated Officer or the RM of La Broquerie Council.
2. No signs shall be erected in the Residential District except those expressly provided for in this Section of the By-law.
3. Where the architectural design and appearance of a building facade for a multiple business occupancy are uniform, signs or individual businesses located on the same facade shall, in the opinion of the Designated Officer or the RM of La Broquerie Council, be similar as to proportion, materials, and placement such that they present a pleasing architectural appearance.
- For the purposes of this Section of the By-law, where a lot is occupied by more than one business (i.e. multiple occupancy) each business shall be considered a separate business.
## 19.4 Canopy, Awning, Fascia and Freestanding Signs
- Fascia signs shall not have letters over 0.61 m. (2.00 ft.) high and which exceed 80.00 percent of the building width.
- 2) Free standing signs are limited to no more than one per lot, except on a orner lot or through lot. The Designated Officer or the RM of La Broqueri 'ouncil may allow more than one free standing sign if warranted by th circumstances.
- No canopy sign shall be erected over a public thoroughfare which:
- a) extends horizontally beyond a line drawn perpendicularly distant to and 0.61 m. (2.00 ft.) in from the line of the curb;
- c) is less than 3.05 m. (10.00 ft.) above the public thoroughtare measured from the lowest portion of such canopy;
- extends more than 1.98 m. (6.50 ft.) over the public thoroughfare;
- d) is supported on posts or by braces, brackets or supports on or extending over a public thoroughtare except where the braces, brackets or supports are hidden from view and above the height of the roof line of the canopy;
- e) is constructed in such a manner that drainage from the canopy falls on any public thoroughfare.
- 4) No awning sign shall be erected over a public thoroughfare that:
- a) extends more than 1.98 m. (6.506 ft.) over the public thoroughfare;
- is supported by pillars or posts or by braces, brackets or supports on or extending over such public thoroughfare except where the braces, brackets or supports are hidden and above the height of the roof line of the awning.
- b) is less than 2.44 m. (8.00 ft.) above the public thoroughfare measured from the lowest portion of the awning including any fringe thereupon; or
## 19.5 Portable (Mobile) Signs
- Notwithstanding anything elsewhere contained in this By-law, the following regulations shall apply to portable signs:
- portable signs are only allowed in the CR, CH, MB, MG, SCMU, GD or RCI Zoning Districts;
- b) a portable sign shall not be located, erected, placed or displayed o any site until a permit which outlines the sign identification numbe and expiry date, has been issued by the Designated Officer
- c) the portable sign shall be removed from the site upon the expiry date
- 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 tw 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:
5. any flashing or scintillating portable signs shall not be located within 60.96 m. (200.00 ft.) of a Residential Zoning District boundary;
- 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;
7. 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;
- j) the maximum permitted duration for a portable sign on a site is ninety consecutive days per calendar year;
9. 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;
- 1) the applicant for the portable sign shall pay the applicable fees, sign a letter indicating that they will comply with these regulations, and agree to a date that the portable sign will be removed, and
- m) no portable sign shall be permitted on the same lot as an electronic reader board sign.
TABLE 4 Sign Regulations
| Use Class | Types of Signs | Maximum Sign Area | Maximum Sign Height |
|-------------------------------------|-----------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------|
| Residential and Residential-Related | Identification Real Estate | 0.37 sq. m. (4.00 sq. ft.) 1.49 sq. m. (16.00 sq. ft.) | 3.05 m. (10.00 ft.) 6.10 m. (20.00 ft.) |
| Agricultural and Natural Resource | Identification Real Estate | 2.97 sq. m. (32.00 sq. ft.) 1.49 sq. m. (16.00 sq. ft.) | 10.67 m. (35.00 ft.) 6.10 m. (20.00 ft.) |
| Commercial and Industrial | Business Identification (if attached to a building only) | 25.00 percent of the building face for each business (with only the ront wall of the building facin 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 | 10.67 m. (35.00 ft.) |
| | Business Identification (if free standing only) | 18.58 sq. m. (200.00 sq. ft.) for a single occupancy site and 83.61 sq. m. (900.00 sq. ft.) for a | 10.67 m. (35.00 ft.) |
| | Business Identification (if attached to a building and free standing) | 37.16 sq. m. (400.00 sq. ft.) for a single occupancy site, 55.74 sq. m. (600.00 sq. ft.) for a multiple occupancy site of two businesses, 74.32 sq. m. (800.00 sq. ft.) for a multiple occupancy site of three businesses and 92.90 sq. m. (1,000.00 sq. ft.) for a multiple occupancy site of more than 3 businesses | 10.67 m. (35.00 ft.) |
| | Real Estate | 2.97 sq. m. (32.00 sq. ft.) | 6.10 m. (20.00 ft.) |
| Community Services | Identification Sign (if attached to a building or free standing) | 2.32 sq. m. (25.00 sq. ft.) if the site abuts the site of a Residential Use Class development and 4.65 sq. m. (50.00 sq. ft.) in other Zoning Districts 1.49 sq. m. (16.00 sq. ft.) | 10.67 m. (35.00 ft.) |
| | Real Estate | | 6.10 m. (20.00 ft.) |
## 19.6 Temporary Signs
- 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 sign shall comply with the yard regulations of the Zoning
- 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 trattic signal, circumstances shall it be located within 3.05 m. (10.00 ft.) from the
- d) the sign is only allowed to be placed at the location of the land development project;
- f) the applicant shall pay the applicable fees and sign a letter indicating that they will comply with these regulations.
- 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
- 2) Notwithstanding anything elsewhere contained in this By-law, the following regulations shall apply to other temporary signs:
- a) the maximum sign surface area shall be 4.65 sq. m. (50.00 sq. ft.);
- 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 trance driveway
- the sign shall comply with the yard regulations of the Zoning District within which it is located;
- d) e sign shall be removed within seven days after the date of th adrei, ad community event or at the discretion of the Designated
- the applicant shall pay the applicable fees and sign a letter indicating that they will comply with these regulations.
## 19.7 Advertising Signs
- Notwithstanding the above, general advertising signs shall comply with the following regulations:
- The maximum sign surface area shall be 27.87 sq. m. (300.00 sq. ft.);
- The maximum sign height shall be 7.62 m. (25.00 ft.);
- d) No general advertising sign shall be placed within 304.80 m. (1,000.00 ft.) of another authorized general advertising sign;
- No general advertising sign shall be placed in such a way that it will interfere with an authorized traffic signal, warning sign or other regulatory or informational device;
- e) General advertising signs are only allowed in the following locations:
- Along PR No. 210
- ii) Along PR No. 302/303
- Along PTH No. 52
- iv) Along PTH No. 12;
- Council may impose additional conditions on the installation of a general advertising sign deemed necessary to protect adjacent sites and the public welfare; and
- General advertising signs are a conditional use within the CH, RL, RG, and RCI Zoning District;
- General advertising signs shall also comply with all regulations of The Transportation Infrastructure Act.
- i) Pay to the Municipality any applicable annual municipal permit fees.
## 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. hee may Engine that he a cont ne/she may require that the applicant submit a statement from a Certifie 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
- 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
- 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-
## 20.1.4 Appearance
- All Industrial Use Class developments in the MB Zoning District shall comply with the following appearance standards:
- a) All loading, service, trash collection and accessory storage areas, o a height of 1.98 m. (6.50 ft.)
- c) All buildings shall be constructed and finished with durable materials designed to maintain the initial appearance of the where, in their opinion, such walls are inconsistent with the finishing materials or appearance characteristic of surrounding development
- b) he Designated Officer may require that exposed projectior rander the builds, anu chat mis hancal and electrical e serend. ind appearance of suonunding der ng development or the intenaea visu‹
- Any use or activity in the MG Zoning District shall comply with the following appearance standards:
- a) 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
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:
- In any development, the design, use of exterior finishing materials and will be similar to, or better than, the standard of surrounding development.
- The Designated Officer or RM of La Broquerie 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.
## 20.3 General Performance Standards for Commercial Use Class Developments
Commercial uses shall comply with the following standards:
- 1) All commercial developments:
2. shall be designed to:
3. її) ensure that offices, reception and public use areas are easily identifiable and visible from the public roadway; and
4. convey an image of cohesive appearance and architectural character;
- 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 La Broquerie 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 their or the RM of La Broquerie Council's opinion, such walls are inconsistent with the finishing materials or appearance characteristics of surrounding developments.
7. The location of the principal building on a site of a commercial development shall take into account:
8. the setbacks and building placements on adjacent sites; and
- the micro-climatic effects including shading of adjacent buildings or sites.
- 4) Garbage collection, loading, storage or outdoor service areas for commercial developments shall be developed in accordance with Section 17.14 (9) of this By-law and the following:
- All outdoor storage shall be related to the business on the site.
- There shall be no outdoor storage of objects or chattels which, in the opinion of the Designated Officer or RM of La Broquerie Council are unsightly or adversely affect the character or appearance of the site or surrounding developments.
## PART VI - ZONING MAPS
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## APPENDICES
## APPENDIX A ZONING TABLE
| RCI | GD | SCMU | LCR Local Commercial - Residential | DR | Parks, Recreation & Institutional HZ | Community Service Zoning Districts PRI | RG | RL | CR CH MB | RMH | RC | RO/S | RR5 | RR2 | R3 | R2 | R1 |
|-----------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------|
| Rural Commercial Industrial | General Development | Settlement Centre Mixed Use | Mixed Use Zoning Districts | Development Reserve | Hazard Lands | Rurall General | | MG Industrial General Agricultural Zoning Districts Rural Limited | Commercial Zoning Districts Commercial Resort Commercial Highway Industrial Zoning Districts Industrial Business | Residential Mobile Home | Residential Comprehensive | Residential Cottage/Seasonal | Rural Residential | Rural Residential | Residential Multiple Family | Residential Two Family | Residential Zoning Districts Residential Single Family |
| To accommodate limited commercial or is strial businesses that are more suited for a rural setting. | To accommodate a mix of land uses within Settlement Centres without a municipal sewer system. | same location. To accommodate and regulate commercial, residential, recreational and institutional mixed use development within Settlement Centres | institutional or other related development. To accommodate and regulate the development of small scale business operations and single family dwellings where residents can operate a business and reside in the | To identify hazard areas that are not appropriate for building construction due to subsidence or flooding. To protect land for future community growth for residential, commercial, industrial, | To accommodate active and passive recreational uses and landscaped buffers as well as institutional facilities such as schools and government facilities. | To accommodate general agricultural uses or other rural uses that are related to or compatible with agriculture within the municipality. | To accommodate limited agricultural and rural activities in proximity to residential or other sensitive areas. | 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. To accommodate a wide range of general industrial uses within the municipality. | To accommodate commercial recreation, tourism and resort developments. To accommodate high quality commercial development along major roadways. | development and condominium agreements. To accommodate the development and placement of mobile home dwellings and associated or compatible uses. | To accommodate residential housing units and associated or compatible uses as part of a planned unit development that may be further regulated through various site | To provide for cottage and/or seasonal developments in rural and resort areas. | To accommodate single family dwellings and associated or compatible uses in a rural setting. | dwellings as well as associated or compatible uses. To accommodate single family dwellings and associated or compatible uses in a rural setting. | uses in Settlement Centres with a municipal sewer system. To accommodate multiple family dwellings, townhouse dwellings and two-family | associated or compatible uses in Settlement Centres with a municipal sewer system. To accommodate two family or single family dwellings and associated or compatible | To accommodate serviced single family dwellings, two-family dwellings and |
## APPENDIX B PERMITTED AND CONDITIONAL USE TABLE
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(1) Accessory Uses incidental to a principal use are allowed in all Zoning Districts (2) Only if no suitable site is available in a Settlement Centre or Business Area or other appropriately zoned area.
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| Home Occupation Secondary Suite | Home Industry | Farm Staff Housing | Care Home | Bed & Breakfast Home | Residential Relaied Use Class | Single Family Dwelling-Existing Two Family Dwelling | Single Family Dwelling-New | Planned Unit Development, Residential Planned Unit Development, Tiny Homes | Mobile/Modular Home Dwelling Multiple Family Dwelling | Residential Use Class | Use Classes (1) | | P- Permitted Use C - Conditional Use |
|-----------------------------------|---------------------|----------------------|-------------|------------------------|---------------------------------|-------------------------------------------------------|------------------------------|------------------------------------------------------------------------------|---------------------------------------------------------|-------------------------|-------------------|------------------------|----------------------------------------|
| | | | | | | | | | | | Page | | |
| | | | | | A | | A A | | | | | | |
| | | | | | | | | U | | | | | |
| | | | | | | A | A | U | | | | | |
| | | | | | | | | U URA | | | | | Residential |
| | | | | | | A | | | | | RR5 RC/S | | |
| | | | | | | | A A | | | | | | |
| | | | | | | | | U U | | | RMH | | |
| | | | | U | | | | | | | | | |
| | | | | | | | | | | | | | Commercial |
| | | | | | | | | | | | CH MB MG RL RG | | |
| | | | | U | | | | | U | | | | |
| U | U | | | | | | A | | | | | | Agricultural |
| | P4 | | | U | | AI | | | | | LCR SCMU GD | | Mised Use |
| | | | | | | | | | | | RCI | | |
| Sec. 16.17 | Sec. 16.5 Sec. 16.6 | | Sec. 16.19 | Sec. 16.3 | | See 15.5 | Sec. 16.13 Sec. 15.5 | Sec. 16.12 | Sec. 15.8 Sec. 15.7 | | | Use Specific Standards | |
## APPENDIX C BULK REGULATIONS TABLE
(i) See also Section 17.3 for additional regulations related to Accessory Uses.
(h)Any buildings housing livestock shall be setback a minimum of 200 ft. from any property line.
(g) See also Sections 16.1 to 16.27 for Special Use regulations and as well as Section 15.0 for additional regulations for Permitted and Conditional Uses.
(f) Res = Residential Use Class; Agr = Agriculture Use Class
(e) The maximum gross density shall be 12.36 dwellings per hectare (5.00 dwellings per acre.
(d) The minimum site area shall be 10,000 sf for the first four dwelling units and 1,000 sf for each additional unit.
(c) Where the maximum height is 35 feet, any structure shall also not exceed 2.5 storeys.
(b) See also Section 17.21 Special Setbacks.
(a) Setbacks within the controlled area adjacent to the provincial highway system shall also comply with provincial government regulations.
| Building Area (max sq.feet) | Site Coverage (max percent) | Building Height (max feet)(c) | Side Yard (min feet) (a)(b) | Rear Yard (min feet) (a)(b) | Front Yard (min feet)(a)b) | Accessory Uses, Buildings and Structures | Dwelling Width (min feet) | Site Coverage (max percent) | Dwelling Area (min sq feet) | Building Height (max feet)c) | Rear Yard (min feet) (a)b) | Side Yard (min feet) (a)(b) | Front Yard (min feet) (a)b) | Site Width (min feet) | Site Area (min acres/sq. ft) | | |
|-------------------------------|-------------------------------|---------------------------------|-------------------------------|-------------------------------|------------------------------|--------------------------------------------|-----------------------------|-------------------------------|-------------------------------|--------------------------------|------------------------------|-------------------------------|-------------------------------|-------------------------|--------------------------------|-----------------------------------|-------------------|
| 800 | | 18 | | LO | 25 | | | 40 | 800 | 35 | | 25 | 60 | 7200sf 960Dsf | | R1 | Residential |
| 800 | | 18 | | | 25 | | 24 | 50 | 800 | 35 | | 25 | | 80 | | R2 | Residential |
| 800 | | 18 | | 15 | | | | | 400 | 35 | | 25 | 100 | (d) | | R3 | Residential |
| 1500 | | 18 | 10 | 10 | 75 | | | 10 | 800 | 35 | 25 | 75 | 200 | 2ac | | RR2 | |
| | | | | | | | | 7.5 | 800 | 25 35 | | | 300 | Sac | | RR5 | |
| 2000|1200 | | 18 | | 10 | 30 | | | | 800 | | | | 100 | 15000 | | | |
| | | 18 | | 10 | | | | 45 | 800 | 25 35 | | 25 | 125 | 1ac | | (e) | |
| 800 | | | | 10 | 20 | | | 40 | 500 | 20 35 | 15 | 20 | 200 | 10ac | | RMH | |
| | | | | 10 | 25 | | | | | | | | 200 | | | CR | |
| | | | 10 | 15 | 25 | | | 8 | | 25 | | | 100 | 2ac 0.5ac. | | CH | Commercial |
| | | | | | | | | | | 35 | 10 | | 100 | 10000 | | MB | |
| | | | | 10 | | | | | | | | | 100 | 1ac | | MG | Industrial |
| | | | | 50 | 125 | | | | | 50(h) 35 | 50(h) | 125(h). | 600 | | 80ac | Res | |
| | | | 25 | 25 | 75 | | | | | 25 35 | 25 | 75 | 200 | 2ac | 80ac | | |
| | | | | | 125 | | | | | 50(h) | 50(h) | 125(h) | 600 | 80ac | 80ac | Use Classes Agr (f) Other Res Agr | Agricultural |
| | | | 25 | 25 | | | | | | 25 35 | | | 200 | 2ac | 80ac | Other | |
| | | | | | | | | | | 35 | | | | | 80ac | | Community Service |
| | | | | | | | | 40 | | 35 25 | 15 | 50 | | | 80ac | PRI HZ | |
| | | | | | 100 | | | | | 50 35 | | 100 | 300 | | 80ac | | |
| | | 18 | | 10 | | | | 7.5 | | 25 35 | | | 200 | 20ac 2ac | 80ac | DR LCR | |
| | | | | | | | | 60 | | 25 40 | 10 | 25 | 100 | | 80ac | SCMU | |
| 800 | | | | | | | | 40(i) | 800 | | | | | 2ac | | GD | Mixed Use |
| | | | | | | | | 7.5 | | 25 35 | 15 | 75 | 200 | 2ac | | RCI | |
## Appendix C - RM of La Broquerie Zoning By-law No. 07-2018 Bulk Regulations
## APPEN. « C - BULK REGULATIONS TABLE
## APPENDIX D ANIMAL UNITS CONVERSION TABLE
APPENDIX D - Animal Units Conversion Table
| Livestock | 4.U. Produced by One Livestock | Livestock Producing Ont A.U. |
|--------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------|--------------------------------|
| Dairy Milking Cows (including associated livestock) | 2 | 0.5 |
| Beef Beef cows (including associated livestock) Backgrounder Summer Pasture/Replacement Heifers Feedlot Cattle | 1.25 0.5 0.625 0.769 | 0.8 2 1.6 1.3 |
| Hogs Sows, farrow to finish Sows, farrow to weanling Sows, farrow to nursery Veanling rowers/Finisher Boars (artificial insemination operations) | 1.25 0.25 0.313 0.033 0.143 0.2 | |
| Broilers Roasters Layers Pullets Broiler Breeder Pullets Broiler Breeder Hens | 0.005 0.01 0.0083 | 200 100 120 300 300 |
| Turkeys Broilers Heavy Toms | 0.01 | 100 50 |
| Mares (including associated livestock) | 1.333 | 0.75 |
| Feeder Lambs Goats | | |
| | 0.14 | 7 |
| Goats | | |
| Other livestock or operation type Please inquire with your regional agricultural engineer or livestock specialist | | |
| Chickens | | |
| | 0.0033 0.0033 | |
| | 0.01 | 100 |
| | 0.02 | |
| Horses | | 100 |
| Heavy Hens | | |
| | 0.01 | |
| Sheep | 0.063 | |
| Ewes, including associated livestock | | |
| | | 5 |
| | 0.2 | 0.2 |
| | | 16 |