Rural Municipality of Lac du Bonnet Zoning By-Law 19-03
Rural Municipality of Lac du Bonnet, Manitoba
· No. 19-03
· adopted 2004-09-28
· summary & facts
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RURAL MUNICIPALITY
OF
LAC DU BONNET
ZONING BY-LAW
RURAL MUNICIPALITY OF LAC DU BONNET BY-LAW NO. 19-03
BEING a by-law of the RURAL MUNICIPALITY OF LAC DU BONNET to regulate the
use and development of land.
WHEREAS, Section 39(1) of The Planning Act provides that the council of a municipality
may enact a zoning by-law which generally conforms to a development plan adopted for
the area;
AND WHEREAS, pursuant to the provisions of Section 27(1) of the Act, the LAC DU
BONNET PLANNING DISTRICT has, by by-law, adopted the LAC DU BONNET
PLANNING DISTRICT DEVELOPMENT PLAN;
AND WHEREAS, Section 32(2) of the Act provides that the council of a municipality shall
enact a zoning by-law upon the adoption of a development plan;
NOW THEREFORE, the Council of the RURAL MUNICIPALITY OF LAC DU BONNET, in
meeting duly assembled, enacts as follows:
THIRD READING
September 28, 2004
A.
TABLE OF CONTENTS
PART 1 - DEFINITIONS AND RULES OF CONSTRUCTION
1.1
RULES OF CONSTRUCTION
1.2
DEFINITIONS
PART 2 - ADMINISTRATION
2.1
SCOPE
2.2
TITLE
2.3
WHEN EFFECTIVE
2.4
THE AREA
2.5
INTENT AND PURPOSE
2.6
RESPONSIBLE AUTHORITY
2.7
RESPONSIBILITIES OF COUNCIL
2.8
PLANNING ADVISORY COMMITTEE
2.9
AMENDMENTS
2.10
CONDITIONAL USES
2.11
VARIATIONS
2.12
THE DEVELOPMENT OFFICER
2.13
DEVELOPMENT PERMITS
2.14
COMBINED PERMITS
2.15
BUILDING PERMITS
2.16
NON-CONFORMITIES
2.17
INTERPRETATION AND APPLICATION
2.18
ENFORCEMENT
2.19
DUTIES OF THE OWNER
2.20
FEE SCHEDULE
PART 3 - ZONING
3.1
ZONES
3.2
ZONING MAP - INTERPRETATION
3.3
GENERAL USE REGULATIONS APPLYING TO ALL ZONES
3.4
SUBDIVISION OF LAND
3.5
USE OF SEPTIC FIELDS, PIT PRIVIES AND HOLDING TANKS
PART 4 - RESIDENTIAL ZONES
4.1
GENERAL PROVISIONS FOR RESIDENTIAL ZONES
4.2
RESIDENTIAL USE AND BULK REGULATIONS
PART 5 - SEASONAL RECREATIONAL ZONES
5.1
GENERAL PROVISIONS FOR SEASONAL RECREATIONAL ZONES
5.2
SEASONAL RECREATIONAL ZONES - USE AND BULK REGULATIONS
PART 6 - COMMERCIAL ZONES
6.1
GENERAL PROVISIONS FOR COMMERCIAL ZONES
6.2
COMMERCIAL ZONES - USE AND BULK REGULATIONS
PART 7 - INDUSTRIAL ZONES
7.1
GENERAL PROVISIONS FOR INDUSTRIAL ZONES
7.2
INDUSTRIAL ZONES - USE AND BULK REGULATIONS
PART 8 - OPEN SPACE ZONES
8.1
GENERAL PROVISIONS FOR OPEN SPACE ZONES
8.2
OPEN SPACE ZONES - USE AND BULK REGULATIONS
PART 9 - RESOURCE DEVELOPMENT ZONES
9.1
GENERAL PROVISIONS FOR RESOURCE DEVELOPMENT ZONES
9.2
RESOURCE DEVELOPMENT ZONES - USE AND BULK REGULATIONS
PART 10 - AGRICULTURAL ZONES
10.1
GENERAL PROVISIONS FOR AGRICULTURAL ZONES
10.2
AGRICULTURAL ZONES - USE AND BULK REGULATIONS
B.
LIST OF TABLES
TABLE I
"RR" RURAL RESIDENTIAL ZONE - USE AND BULK TABLE
TABLE II
"RG" GENERAL REDIENTIAL ZONE - USE AND BULK TABLE
TABEL III
"RMH" RESIDENTIAL MOBILE HOME ZONE - USE AND BULK TABLE
TABLE IV
"SR" SEASONAL RECREATIONAL ZONE - USE AND BULK TABLE
TABLE V
"SRG" GENERAL SEASONAL RECREATONAL ZONE - USE AND BULK
TABLE
TABLE VI
"SRC" COMMERCIAL SEASONAL RECREATIONAL ZONE - USE AND
BULK TABLE
TABLE VII
"HC" HIGHWAY COMMERCIAL ZONE - USE AND BULK TABLE
TABLE VIII
"M" INDUSTRIAL ZONE - USE AND BULK TABLE
TABLE IX
"OI" OPEN SPACE, INSTITUTIONAL ZONE - USE AND BULK
TABLE X
"OS" OPEN SPACE, SHORELAND ZONE- USE AND BULK TABLE
TABLE XI
" RD" RESOURCE DEVELOPMENT ZONE - USE AND BULK TABLE
TABLE XII
"A80" GENERAL AGRICULTURAL ZONE - USE AND BULK TABLE
TABLE XIII
"A40" LIMITED AGRICULTURAL ZONE - USE AND BULK TABLE
TABLE XIII(i) "A40(1)" LIMITED AGRICULTURAL ZONE - USE AND BULK TABLE
(By-law 19-07)
TABLE XIV
SITING CRITERIA FOR LIVESTOCK PRODUCTION OPERATIONS
TABLE XV
ANIMAL UNIT SUMMARY TABLE
PART 1 - DEFINITIONS AND RULES OF CONSTRUCTION
1.1
RULES OF CONSTRUCTION
1.1.1
The following rules of construction apply to the text of this By-law.
(a)
Words, phrases and terms defined herein shall be given the
defined meaning.
(b)
Words, phrases and terms not defined herein, but defined in the
Planning Act, Municipal Act, Buildings and Mobile Homes Act
and/or the Building, Electrical or Plumbing By-laws of the R.M. of
Lac du Bonnet shall be construed as defined in such Acts and By-
laws as the context indicates.
(c)
Works, phrases and terms neither defined herein nor in the
Building, Electrical or Plumbing By-laws of the R.M. of Lac du
bonnet shall be given their usual or customary meaning except
where, in the opinion of the Council, the context clearly indicates a
different meaning.
(d)
The phrase "used for" includes "arranged for", "designed for", or
"occupied for".
(e)
Unless the context clearly indicates the contrary, where a
regulation involves two or more items, conditions, provision or
events connected by the conjunction "and", "or" or "either-or", the
conjunction shall be interpreted as follows:
(i)
"and" indicates that all the connected items, conditions,
provisions or events shall apply in any combination.
(ii)
"or" indicates that the connected items, conditions,
provisions or events shall apply singly or in any
combination.
(iii)
"either-or" indicates that the connected items, conditions,
provisions or events shall apply singly, but not in
combination.
(f)
The word "includes" or "including" shall not limit a term to the
specified examples, but is intended to extend the meaning to all
instances or circumstances of like kind or character.
(g)
R.M. shall also mean Rural Municipality.
1.2
DEFINITIONS
1.2.1
ACCESSORY when it is used in this By-law shall have the meaning as
accessory use.
1.2.2
ACCESSORY BUILDING means a subordinate building located on the
same zoning site as the principal building or use, the use of which is
secondary incidental, and subordinate to that of the principal building or
use;
(a)
ACCESSORY BUILDING, ATTACHED means an accessory
building, which is attached to the principal building and in
determining the required yards, the attached building shall be
treated as being part of the main building.
(b)
ACCESSORY BUILDING, DETACHED means an accessory
building, which is not attached to the principal building and in
determining the required yards, the requirements for accessory
use, buildings and structures as shown in the Bulk Tables shall be
used.
(c)
ACCESSORY BUILDING, SEMI-DETACHED means an accessory
building, which is attached to the principal building by a structure
such as, but not limited to, a breezeway. The required yards for a
semi-detached accessory building shall be determined in the same
manner as in paragraph (a) above.
Unless otherwise provided for herein, an accessory building shall
not include a dwelling or be used for human occupancy.
1.2.3
ACCESSORY USE OR STRUCTURE means a use or structure on the
same site with, and of a nature customarily secondary, incidental and
subordinate to, the principal use or structure.
1.2.4
ACT, THE means The Planning Act, S.M. 1975, Chapter 29, being
Chapter P80 of the Continuing Consolidation of the Statutes of Manitoba,
and amendments thereto.
1.2.5
AGRICULTURAL OPERATION: Means an agriculture, aquacultural,
horticultural or silvicultural operation that is carried on in the expectation of
gain or reward, and includes:
a)
the tillage of land,
b)
the production of agricultural crops, including hay and
forages,
c)
the production of horticultural crops, including vegetables,
fruit, mushrooms, sod, trees, shrubs and greenhouse crops,
d)
the raising of livestock,
e)
the production of eggs, milk and honey,
f)
the raising of game animals, fur-bearing animals, game
birds, bees and fish,
g)
the operation of agricultural machinery and equipment,
h)
the process necessary to prepare a farm product for
distribution from the farm gate,
i)
the application of fertilizers, manure, soil amendments and
pesticides, including ground and aerial application, and
j)
the storage, use or disposal of organic wastes for farm
purposes.
and shall include the necessary accessory uses for packing, storing or
treating the produce; provided however, that the operation of such
accessory uses shall be secondary to that of the normal agricultural
activities.
1.2.6
AGRICULTURAL IMPLEMENT SALES AND SERVICE means a building
and open area, used for display, sale or rental of new and used farm
implement and where minor incidental repair work is done.
1.2.7
AIRCRAFT LANDING STRIPS means any area of land or water which is
used or intended for use for the landing or taking off of aircraft and any
appurtenant areas which are used or intended for use of aircraft landing
strips or rights-of-way, including taxiways, aircraft storage and tie-down
areas, hangars and other related buildings and open spaces.
1.2.8
ALTER OR 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.
1.2.9
ALTERATIONS, INCIDENTAL means:
(a)
Changes or replacements in the non-structural parts of a building
or structure, including but not limited to the following:
(i)
An addition on the exterior of a residential building, such as
an open porch;
(ii)
Alteration or non-bearing interior partitions in all types of
buildings; or
(iii)
Replacement of, or changes in, the capacity of utility pipes,
ducts or conduits.
(b)
Changes or replacement in the structural parts of a building,
including but not limited to the following:
(i)
Adding or enlarging windows or doors in exterior walls;
(ii)
Replacement of building facades; or
(iii)
Strengthening the load bearing capacity, in not more than
ten percent (10%) of the total floor area, to permit
accommodation of a specialized unit of machinery or
equipment.
1.2.10
ANIMAL UNIT (A.U.): Means the number of animals of a particular
category of livestock that will excrete 73 kilograms of nitrogen in a 12
month period (Eg. 1 milking cow, including associated livestock, produces
2 animal units). Animal Unit equivalents are listed in the "Farm Practices
Guidelines" published by Manitoba Agriculture and are listed with the
Agricultural Tables herein.
1.2.11
AREA AFFECTED means all that land within the boundaries defined in
Section 2.4 of this By-law.
1.2.12
AUTOMOBILE BODY SHOP means a building wherein the repair and
painting of automobiles takes place.
1.2.13
AUTOMOBILE LAUNDRY means a building or portion thereof wherein
facilities are provided for the washing, cleaning and polishing of motor
vehicles.
1.2.14
AUTOMOBILE SERVICE STATIONS means a building or portion thereof
and land used for supplying fuel, oils and accessories for motor vehicle
and farm implements, and for making repairs, where such repairs are done
within a completely enclosed building.
1.2.15
AUTOMOBILE, TRAILER OR FARM IMPLEMENT SALES AREA means
an open area, used for the display, sale or rental of new or used
automobiles, trailers or farm implements, and where repairs are made,
they shall be done within a completely enclosed buildings, except minor
incidental repairs of automobiles or trailers to be displayed, sold or rented
on the premises.
1.2.16
AUTOMOBILE WRECKING means the dismantling or wrecking or used
motor vehicles or trailers, or the storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles or their parts.
1.2.17
AWNING, CANOPY OR MARQUEE means any roof like structure, which
may be constructed as an integral part of a building or attached in such a
manner as not to be an integral part of a building, but is so constructed to
provide shelter or shade over an entranceway or window.
1.2.18
BASEMENT OR CELLAR means a portion of a building between a floor
and a ceiling that is located partly underground.
1.2.19
BED AND BREAKFAST (See HOUSE, BOARDING)
1.2.20
BOATHOUSE means a building or portion thereof used by the occupants
of the premises primarily for the parking or storage of private motorboats
or other personal watercraft, but does not include living accommodations.
1.2.21
BUILDING means a building as defined in the Act, except that it does not
include a well, pipeline, excavation, cut, fill or transmission line.
1.2.22
BUILDING, MAIN OR PRINCIPAL means a building which contains the
principal use permitted on a particular site in a particular zone.
1.2.23
BUILDING, HEIGHT OF means the total number of stories in a building or
the vertical distance measured from grade to the highest point of the roof
structure, if a flat roof, to the deck of a mansard roof, and to the mean
height level between eaves and ridge for gable, hip or gambrel roof.
1.2.24
BUILDINGS OR STRUCTURES, FARM means any buildings or
structures existing or erected on land used primarily for agricultural
activities, but not including dwellings or private garage.
1.2.25
BULK means the following:
(a)
The size (including height of building and floor area), of buildings or
structures;
(b)
The area of the zoning site upon which a building is located, and
the number of dwelling units or rooms within such building in
relation to the area of the zoning site;
(c)
The location of exterior walls of buildings in relation to site lines to
other walls of the same building, to legally required windows, or to
other buildings and
(d)
All open areas relating to buildings or structured and their
relationships thereto.
1.2.26
CABIN means a detached building, not the principal residence of the
occupants, which is designed and used to provide temporary
accommodation for transient lodgers for recreational purposes. A cabin
may contain cooking, bathing and sanitary facilities.
1.2.27
CARPORT means an attached building open on two sides for the shelter
of privately owned automobiles.
1.2.28
CHILD CARE SERVICES means the use of a premises for the provision
of care for remuneration or reward to a child apart from his or her parents
or guardians for a period in any one day not exceeding fourteen (14)
hours.
(a)
HOME DAY CARE means the provision of childcare services in a
family dwelling unit, in which the owner or tenant resides, or
churches or parish halls, to children not over the age of 12,
including the children of the owner or tenant. The number of
children shall not exceed eight (8) and shall have access to an
outdoor recreation area.
(b)
GROUP DAY CARE means the provision of child care service to
nine (9) or more children not over the age of twelve (12) in a
provincially licensed facility with access to an outdoor recreation
area.
1.2.29
CLUB, PRIVATE, NON-PROFIT AND RECREATIONAL refers to a
building owned or leased by a not-for-profit corporation or association
chartered by The Canadian Business Corporation Act or The Manitoba
Corporation Act, or an association consisting of persons who are bona fide
members paying annual dues, which owns, or leases a building or portion
thereof, and the use of such premise being restricted to members and
their guests for fraternal, recreational, sport and similar activities.
1.2.30
CONDITIONAL USE means the use of land or buildings which may be
permitted in any particular zoning district, subject to conditions as provided
for in The Act and in this by-law.
1.2.31
CONDOMINIUM means a condominium as established under the
provision of The Condominium Act.
1.2.32
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.
For purposes of this by-law a "bare land unit" in a bare land unit
condominium plan as defined in The Condominium Act shall be considered
a "site" as defined herein.
For the purposes of this by-law those "common elements" in a bare land
unit condominium plan, which are ordinarily used for the passage of
vehicles or pedestrians, including roads, road allowances, streets, lanes,
bridges, canals, but not including walkways intended solely for pedestrian
use nor areas solely for parking of vehicles, shall be considered:
(a)
A "street" as defined in herein, where such thoroughfare is thirty-
three (33) feet in width or greater.
(b)
A "lane" as defined herein, where such thoroughfare is less than
thirty-three (33) feet in width.
And may be shown as such on the zoning map and shall be deemed to be
a street or lane, as the case may be, for purposes of determining site and
yard requirements and other use and bulk requirements in this by-law.
1.2.33
COUNCIL means the Council of the Rural Municipality of Lac du Bonnet.
1.2.34
COURT means an open unoccupied space, other than a required yard, on
the same zoning site with a building and bounded on two (2) or more sides
by such buildings or buildings.
1.2.35
DENSITY means the total number of dwelling units divided by the total
area of land to be developed expressed in gross acres.
1.2.36
DERELICT VEHICLE means any object which is not a new or unused
vehicle; is not in operating condition; is not registered for the current year
under the Highway Traffic Act; is kept in the open and the owner thereof
has abandoned it or is keeping it primarily for the purposes of salvaging or
selling parts therefrom.
1.2.37
DEVELOPMENT OFFICER means the officer appointed by the District
Board of The Lac du Bonnet Planning District in accordance with the
provisions of the Act.
1.2.38
DEVELOPMENT PLAN means the Lac du Bonnet Planning District
Development Plan adopted by By-law No. 2-86 and amendments thereto,
or any other development plan and amendments adopted and substituted
therefor.
1.2.39
DRIVE-IN ESTABLISHMENTS means an establishment with facilities for
attracting and servicing prospective customers travelling in motor vehicles,
which are driven onto the site where the customer may or may not receive
services in the vehicle.
1.2.40
DWELLING means a building or portion thereof designed for residential
occupancy.
1.2.41
DWELLING COTTAGE means a single-family dwelling unit constructed
and used as a secondary or temporary place of residence, for seasonal
vacations and recreational purposes and not necessarily as the principal
residence of the owner or occupant thereof.
1.2.42
DWELLING, SINGLE-FAMILY means a detached building designed for
and used by one (1) family.
1.2.43
DWELLING, TWO-FAMILY means a detached or semi-detached building
designed for and used by two (2) families, each having exclusive
occupancy of a dwelling unit.
1.2.44
DWELLING, MULTIPLE-FAMILY means a building containing three (3) or
more dwelling units, each unit designed for and used by one (1) family.
1.2.45
DWELLING, UNIT means one (1) or more rooms in a building designed
for one (1) or more persons as a single housekeeping unit with cooking,
eating, living, sleeping and sanitary facilities.
1.2.46
DWELLING UNIT AREA shall mean the sum of the floor area for all
storeys of a dwelling unit measured from the exterior faces of the exterior
walls of the dwelling unit. The floor area in a basement, a porch or a
garage shall not be included in the calculation of dwelling unit area. (See
also "Floor Area".)
1.2.47
EARTHEN STORAGE FACILITY means a structure built primarily from soil,
constructed by excavating or forming dykes, and used to retain livestock
manure.
1.2.48
ENLARGEMENT means an addition to the floor area of an existing
building or structure, or an increase in that portion of a parcel of land
occupied by an existing use.
1.2.49
EXTENSION means an increase in the amount of existing floor area used
for an existing use, within an existing building.
1.2.50
FACTORY BUILT HOUSE(S) means a factory-built, manufactured,
dwelling(s), whether modular (built in two or more sections) or unitary
construction, which complies with the National Building Code and which is
built off-site by a manufacturer having CAN/CSA-A277 "Procedure for
Certification of Factory Built Houses" accreditation.
For purposes of this by-law, a "factory built house" shall not include a
"mobile home" as defined herein.
1.2.51
FAMILY means one or more persons related by blood or marriage or
common-law marriage, or a group of not more than four (4) persons who
may not be related by blood or marriage, living together as a single
housekeeping unit and also includes domestic servants. A housekeeping
unit referred to above shall be deemed to exist if all members thereof have
access to all part of the dwelling unit.
1.2.52
FLOOD LEVEL means the 100 year flood level of a known flood
exceeding the 100 year flood, or a level as determined to be appropriate
by Council in consultation with the Water Resources Branch or any other
Provincial Government Department having jurisdiction.
1.2.53
FLOOD RISK AREA means the land adjacent to a lake, river or stream,
which is divided into two parts; the floodway and the floodway fringe. The
floodway includes the area were the majority of floodwaters pass. The
floodway fringe includes the area outside the floodway, which requires
approved flood protection measures due to periodic flooding or inundation
by floodwaters.
Flood Risk area also includes upland areas where periodic ponding due to
excess precipitation and/or spring met occurs.
FIGURE 1 FLOOD AREAS
1.2.54
FLOOR AREA (as applied to bulk regulations) means the sum of the
gross horizontal areas of the several floors of all buildings and structures
on the zoning site, measured from the exterior faces of the exterior walls
or from the centreline of party walls. In particular, the floor area of a
building or buildings shall include:
(a)
Basements (including bi-level dwellings) when used for residential,
commercial or industrial purposes, but not including spaces used
for storage or the housing of mechanical or central heating
equipment, and accessory off-street parking spaces;
(b)
Floor space used for mechanical equipment (with structural
headroom of six (6) feet or more) except equipment, open or
enclosed, located on the roof;
(c)
Elevator shafts and stairwells at each storey except shaft and stair
bulkheads and exterior unroofed steps or stairs; and
(d)
Penthouses, mezzanines, attics where there is a structural
headroom of seven (7) feet or more.
(See also Dwelling Unit Area)
1.2.55
GARAGE means a building or portion thereof in which a motor vehicle is,
or motor vehicles are, stored, repaired, washed or serviced.
1.2.56
GARAGE, PRIVATE OR CARPORT means an accessory building or
portion of a principal building, if attached, used by the occupants of the
premises upon which it is located for the parking or temporary storage or
private passenger motor vehicles and may also include the incidental
storage or other personal property.
1.2.57
GRADE (as applying to the determination of building or structure height)
means the average level of finished ground adjoining a building or
structure at all exterior walls, as determined by the Development Officer.
1.2.58
GRAIN STORAGE STRUCTURE means any structure which is designed
to store any type of grain.
1.2.59
GUEST QUARTERS, DETACHED means a secondary detached building
located on the same site as the main dwelling which:
(a)
is intended to be used as an extension to the seasonal residential
use of the cottage dwelling, one family dwelling or mobile home;
(b)
provides secondary and incidental accommodation for family
members and guests of the occupants of said dwelling; and
(c)
is not intended for exclusive occupancy by a family living
independent from the occupants of said dwelling. If rented, both
the dwelling and detached guest quarters are to be considered as
a single unit. Detached guest quarters are not to be rented
separately from the main dwelling. Guest quarters shall not
contain cooking facilities and shall not be serviced by public utilities
independent of the cottage dwelling.
A detached guest quarters is not to be interpreted as being part of the
main one family dwelling or cottage dwelling or mobile home simply by
means of it being attached to said dwelling(s) by a common roof, canopy,
porch, deck or similar structure.
1.2.60
HOME OCCUPATION means a business or enterprise, which:
(a)
Is carried on in a dwelling unit or mobile home or its permitted
accessory building, subject to the requirements of the zone in
which it is located;
(b)
Is carried on solely by the members of the family residing at the
same dwelling unit or mobile home without the employment of
other persons;
(c)
Is incidental to or secondary to the use of the dwelling unit or
mobile home;
(d)
There is no exterior display, no exterior storage of materials, and
no other exterior indication of the home occupation or variation of
the residential character of the principal or accessory building
except as provided for herein;
(e)
In the opinion of the Council is not offensive or obnoxious or
creates a nuisance;
(f)
Does not cause the generation of undue traffic and congestion in
the neighbourhood.
1.2.61
HOME BUSINESS means a small business or enterprise, which may
include such uses as retail sales, contractors yard or small trucking
enterprise, which may be permitted on a site or in a dwelling, when
accessory, secondary and incidental to the principal residential use of the
site or dwelling and when owned and operated by the occupant of the
dwelling on said site. (See also Home Occupation)
1.2.62
HOTEL means a building or part thereof, which is not the principal
residence of the occupants, wherein accommodation is provided for
transient lodgers in individual rooms and in which there is an exit from
each room or suite of rooms directly to the outdoors or to a common
hallway. Permitted accessory uses may include, but are not limited to,
restaurants, licenced beverage rooms, banquet halls, ballrooms and
meeting rooms. A hotel includes a motel, inn, tourist lodge and similar
buildings intended for transient accommodation.
1.2.63
HOUSE,
BOARDING,
LODGING
OR
ROOMING,
BED
AND
BREAKFAST means a building or portion thereof, other than a hotel or
motel without cooking facilities, where lodging, or lodging and meals are
provided for compensation exclusive of the proprietor and his family, with
no more than two (2) rooms, suites or apartments devoted to such use.
1.2.64
JUNK YARD means an open area where waste or scrap materials are
bought, sold, exchanged, stored, baled, packed, disassembled or handled
including, but not limited to, metals, paper, rags, rubber tires and bottles. A
junk yard includes an automobile wrecking or dismantling yard but does
not includes uses established entirely within an enclosed building.
1.2.65
KENNEL means any premise on which more than two (6) animals are
kept, boarded, bred, trained or cared for, in return for remuneration or for
the purpose of sale. A kennel shall not include a veterinary clinic, animal
hospital or animal pound. (See also animal control by-law)
1.2.66
LANE means a street less than thirty-three (33) feet in width.
1.2.67
LIVESTOCK means animals or poultry not kept exclusively as pets,
excluding bees.
1.2.68
LIVESTOCK AREA, CONFINED means an outdoor, non-grazing area
where livestock are confined by fences or other structures, or topography,
and includes a feedlot, paddock, corral, exercise yard and holding area.
1.2.69
LIVESTOCK FEEDLOT means a fenced area where livestock are
confined solely for the purpose of growing or finishing, and are sustained
by means other than grazing.
1.2.70
LIVESTOCK
PRODUCTION
OPERATION
means
an
agricultural
operation where livestock are confined, fed or raised, including high
density seasonal cattle feeding areas exceeding one mature animal per
100 square metres (1076.4 square feet), but does not include:
(a)
an operation for the slaughter or processing of livestock;
(b)
an operation for the grading or packing of livestock or livestock
products;
(c)
an operation for transporting livestock or livestock products;
(d)
a hatchery;
(e)
a livestock auction market;
(f)
low density seasonal feeding areas (eg. Cattle wintering operation);
and
(g)
an operation for pasturing cattle, sheep, bison and other grazing
livestock.
1.2.71
LOADING SPACE means an off-street space on the same zoning site with
a building, or contiguous to a group of buildings for the temporary parking
of a commercial vehicle while loading or unloading merchandise or
material and which has access to a street or lane or other appropriate
means of access.
1.2.72
LODGE means a hall or meeting place of a local branch for the members
of a fraternal order or society, such as Masons, Knights of Columbus, Elks,
Eagles and similar organizations. (For tourist lodge see Hotel and Resort,
Commercial.)
1.2.73
MANURE STORAGE FACILITY means a structure, reservoir, earthen
storage facility, molehill or tank for storing livestock manure, but does not
include:
(a)
field storage,
(b)
a vehicle or other mobile equipment used for transportation or disposal
of livestock manure, or
(c)
under-barn concrete storage pits used for short term containment of
livestock manure.
1.2.74
MARINA means a public or commercial dock or basin providing secure
moorings for motorboats and other watercraft and often offers boating
supply, repair and other facilities.
1.2.75
MOBILE HOME means a factory-built, compact and transportable
detached single-family dwelling with all the following characteristics:
(a)
Designed for long-term occupancy for the domestic use of one or
more individuals living as a single housekeeping unit, containing
and having cooking, eating, living, sleeping, and sanitary facilities,
and with plumbing and electrical connections provided for
permanent attachment to outside systems;
(b)
Designed to be moved or transported after fabrication on its own
wheels, other trailers, or detachable wheels;
(c)
Designed without provisions for its adaptation to a basement; and
(d)
Conforms with the Canadian Standards Association (CSA) Z240
series standards for mobile homes.
1.2.76
MOBILE HOME PARK means any premises which is designed for
residential use and designed for the accommodation of two or more mobile
homes or factory built houses as one-family dwellings, whether or not a
charge is made for such accommodation. (See also Trailer By-law No.
385.)
1.2.77
MOBILE HOME SITE means a zoning site in a mobile home subdivision
for the placement of a mobile home and where permitted, the placement of
a factory built house.
1.2.78
MOBILE HOME SPACE means a space in a mobile home park for the
placement of a mobile home and where permitted, the placement of a
factory built house.
1.2.79
MOBILE HOME SUBDIVISION means an area of land subdivided to
provide mobile home sites in accordance with the subdivision approval
process.
1.2.80
MODULAR HOME means a dwelling(s), which is factory built,
manufactured or fabricated off-site in two or more near-complete,
standardized sections or units, and attached or joined together on a
foundation at the building site.
1.2.81
MOTEL (Same as Hotel)
1.2.82
MUNICIPALITY means the Rural Municipality of Lac du Bonnet or R.M. of
Lac du Bonnet.
1.2.83
NON-CONFORMITY means one, or a combination of one or more, of the
following:
(a)
A site or parcel of land;
(b)
A building or structure;
(c)
A use of a building, structure or land
which lawfully existed prior to the effective date of this By-law or
amendments thereto, but does not now conform to the provisions
contained within this By-law or amendments thereto.
1.2.84
OPEN SPACE means that required portion of a zoning site at ground level,
unless otherwise stated, unoccupied by principal or accessory buildings
and available to all occupants of the building. The open space shall be
unobstructed from the ground to the sky and shall not be used for service
driveways or accessory off-street parking space or loading space, unless
otherwise provided for herein. It may, however, be used for landscaping,
drying yards, recreational space and other leisure activities normally
carried on outdoors. Balconies, roof and other like above grade level
areas may also be considered as open space and may be permitted by
this by-law.
1.2.85
OWNER means an owner as defined in the Act.
1.2.86
PARCEL OF LAND means a parcel as defined in the Act.
1.2.87
PARKING AREA means an open area of land other than a street or lane
or an area within a structure used for the parking of vehicles.
1.2.88
PARKING AREA, PUBLIC means a parking area used for the temporary
parking of vehicles and is available for public use whether free, for
compensation or as an accommodation for clients, customers, employees
or visitors.
1.2.89
PARKING SPACE means a space on a parking area, public parking area
or zoning site for the temporary parking or storage of a vehicle. A parking
space shall be a minimum of eight (8) feet in width and eighteen (18) fees
in length and shall have adequate provision for vehicular entry, exit and
maneuverability.
1.2.90
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.
1.2.91
PERFORMANCE STANDARDS means a standard established to control
noise, odour, smoke, toxic or noxious matter, vibration and explosive
hazards or glare or heat generated by, or inherent in, uses of land or
buildings.
1.2.92
PERSONAL SERVICE SHOP means a building or part of a building in
which persons are employed in furnishing services and otherwise
administering to the individual and personal needs of persons and without
limiting the generality of the foregoing may include such establishments as
barber shops, beauty shops, beauty parlors, hair-dressing shops, hand
laundries, shoe repair and show shining shops, tailor and dressmaking
shops, valets and depots for collecting dry cleaning and laundry.
1.2.93
PLANNED UNIT DEVELOPMENT means a planned unit development as
defined in the Act.
1.2.94
PREMISES means an area of land with or without buildings.
1.2.95
PRIVATE DOCK, PORTABLE means a platform used for the mooring of
one or more private motorboats or other personal watercraft which can be
removed from the water during the non-boating season.
1.2.96
PUBLIC UTILITY means any system works, plant equipment or services
which furnishes services and facilities available at approved rated to or for
the use of the inhabitants of the municipality, including but not limited to:
(a)
Communication by way or telephone, telegraph, wireless or
television;
(b)
Public transportation, by bus or other vehicle;
(c)
Production, transmission, delivery or furnishing of water, gas or
electricity to the public at large; or
(d)
Collection of sewage, garbage or other waste.
1.2.97
PUBLIC UTILITY BUILDING means a building used by a public utility.
1.2.98
REMOTE COTTAGE means a seasonal cottage dwelling in a remote
cottage subdivision.
1.2.99
REMOTE COTTAGE SUBDIVISION means a parcel subdivided in
accordance with regulations under the Act intended primarily for seasonal
cottages, in shoreline areas, which are inaccessible by all-weather
municipal roads.
1.2.100
REPAIR means the renewal or reconstruction of any part of an existing
structure for the purposes of its maintenance or restoration.
1.2.101
RESIDENTIAL CARE FACILITY means the use of any building or
structure or part thereof, however named, which is advertised, announced
or maintained for the express or implied purpose of providing lodging,
meals, care and supervision or transitional services to more than 4
persons not related by blood, marriage or adoption to the operator nor to
each other.
1.2.102
RESORT,
COMMERCIAL
means
a
commercial
recreational
establishment, which may consist of one or more buildings containing
single rooms, single or multiple-family dwelling units, recreational facilities
and service facilities which are used on an intermittent and seasonal basis.
Other facilities which may be part of the resort development include: a
tourist camp or travel trailer park, a motel, rental cabins, a retail store, an
eating establishment, a marina, a golf course and other outdoor
recreational game courts, areas and trails.
1.2.103
SENIOR CITIZEN HOME means a multiple unit dwelling or a building
containing individual rooms where elderly people live independent of
personal care.
1.2.104
SIGN means any writing (including letter, word or numeral), pictorial
representation (including illustration or decoration), emblem (including
device, symbol or trademark, banner, pennant or any other figure of similar
character which:
(a)
Is a structure or any part thereof, or is attached to, painted on or in
any other manner represented on or in a building or other structure;
(b)
Is used to identify, direct attention to , or advertise; and
(c)
Is visible from outside a building but shall not include show
windows as such.
1.2.105
SIGN, ADVERTISING means a sign directing attention to a business,
commodity, service or entertainment conducted, sold or offered elsewhere
upon the same zoning site where the sign is maintained, including a
billboard sign.
1.2.106
SIGN, BULLETIN BOARD means a sign of permanent character, but with
movable letters, works or numerals indicating the names of persons
associated with, or events conducted upon, or products or services offered
upon the premises upon which a sign is maintained, e.g. school church,
community centre bulletin board and similar uses.
1.2.107
SIGN, BUSINESS means a sign directing attention to a business,
commodity, service or entertainment conducted, sold or offered upon the
same zoning site where the sign is maintained.
1.2.108
SIGN, CONSTRUCTION means a sign which identifies a construction
project and information relative thereto.
1.2.109
SIGN, FACIA OR WALL means any sign attached against the surface or,
against or within a recess in the wall, a column or other perpendicular
portion of a building in a position essentially parallel to said wall, column or
other perpendicular position. A facia sign shall also mean any sign
attached to the walls of two or more buildings and spanning the spaces
between said buildings.
1.2.110
SIGN, FLASHING means an illustrated sign on which artificial light is not
maintained constant in intensity and color at all times when such sign is in
use.
1.2.111
SIGN, FREESTANDING means a sign supported by a vertical column or
columns placed in the ground with the sign surface area above ground
level.
1.2.112
SIGN, IDENTIFICATION means a sign that identifies the business, owner,
resident or the street address and which sets forth no other advertisement.
1.2.113
SIGN, ILLUMINATED means a sign designed to give forth any artificial
light or reflect light from an artificial source.
1.2.114
SIGN, MARQUEE means a sign attached to a marquee, canopy or awning
projecting from and supported by a building.
1.2.115
SIGN, PROJECTING means any sign other than a facia sign, which is
attached to a building and extend beyond the surface of that portion of the
building to which it is attached.
1.2.116
SIGN, REAL ESTATE means a sign advertising the sale, rental or lease of
the premises on which it is maintained.
1.2.117
SIGN, ROOF means any sign erected, constructed and maintained wholly
upon or over the roof of a building with the principal support on the roof
structure.
1.2.118
SIGN SURFACE AREA means the entire area within a single continuous
perimeter enclosing the extreme limits of writing, representation, emblem,
or any figure or similar character, including any frame or other material or
colour forming an integral part of the display or used to differentiate such
sign from the background against which it is placed. Where a sign has two
or more faces, the area of all faces shall be included in determining the
area of the sign, except where two such faces are placed back to back and
are at no point more than two (2) feet form one another, the sign surface
area of the sign shall be taken as the surface area of one face if the two
faces are of equal area, or as the surface area of the larger if the two faces
are of unequal area.
1.2.119
SIGN, TEMPORARY means a sign with or without a structural frame and
intended for a limited period of display, and shall include a mobile sign, but
shall have no red, green or amber lights thereon, and with no blinking or
scintillating lights when the sign faces a residential area.
1.2.120
SITE means a zoning site as defined herein unless the context indicates
otherwise.
1.2.121
SITE AREA means the computed area contained within the site lines.
1.2.122
SITE, CORNER means a site situated at the intersection of two (2) streets,
the interior angles of such intersection not exceeding 135 degrees.
1.2.123
SITE, COVERAGE means that part of percentage of the site occupied by
buildings, including accessory buildings. Structures which are below the
finished site grade, including sewage lagoons, water reservoirs, parking
structures below grade and similar structures, shall not be included in site
coverage.
1.2.124
SITE DEPTH means the horizontal distance between the centrepoints in
the front and rear site lines.
1.2.125
SITE FRONTAGE means all that portion of a zoning site fronting on a
street and measured between side site lines.
1.2.126
SITE, INTERIOR means a site other than a corner site or a through site
1.2.127
SITE, KEY means the first site to the rear of a reversed corner site.
1.2.128
SITE LINES means as follows:
(a)
FRONT SITE LINE means
I.
in the case of an interior site, that boundary of a site which abuts an
existing or designated street;
II.
in the case of a corner site, the front site line shall be shortest site
line which abuts an existing or designated street, except where an
interior site abuts the corner site, then the front site line shall be
that line which is the continuation of the front site line of the interior
site;
III.
in the case of a site which does not have frontage on a public
"street" and is provided sole means of access by right-of-way, said
right-of-way shall be deemed a "street" for purposes of determining
site requirements. The "front site line" shall be the "site line" which
abuts the right-of-way. In the case where a right-of-way is
contained within the site, that portion of the right-of-way facing the
interior of the site shall be deemed the "front site line". Where a
"street" or right-of-way does not cross or abut the entire width of a
site, the "site line" having greatest length abutting the "street" or
right-of-way shall be deemed a "front site line". (See also "YARD,
FRONT" and CONDOMINIUM BARE LAND UNIT.)
(b)
REAR SITE LINE means that boundary of a site which is most
nearly parallel to the front site line and in the case of a site in which
the side site lines intersect, such as a triangular site, a line ten (10)
feet in length within the site, parallel to and at the maximum
distance from the front site line.
(c)
SIDE SITE LINE means any boundary of a site, which is not a front
or rear site line.
(d)
Where an irregular shaped site cannot have its site lines defined by
the foregoing definitions, the front, rear and side site lines shall be
determined by the Development Officer, using the following
sketches as a guide and having due regard to the site lines and
required yards of abutting properties.
1.2.129
SITE, REVERSED CORNER means a corner site, the flanking street site
line of which is substantially a continuation of the front site line of the first
site to its rear.
1.2.130
SITE, THROUGH means a site having a pair of opposite site lines along
two (2) or more or less parallel streets. On a through site both lines shall
be deemed front site lines.
1.2.131
SITE, WIDTH means the horizontal distance between the side lines,
measured perpendicularly to the site depth at a point midway between the
front and rear site lines, or
a)
50 feet from the front site line, where the site depth is 200 feet or
less; or
b)
60 feet from the front site line, where the site depth is greater than
200 feet; or
c)
at the minimum front yard depth, in the case where the site depth is
greater than 300 feet, and is located in a zoning district where the
minimum front yard requirement is greater than 60 feet.
And the lesser of these distances is the site width; however, in no case
shall the front site line (frontage) of a site be less than 30 feet.
1.2.132
SITE, ZONING means an area of land which:
(a)
Is occupied, or intended to be occupied, by a main building or a
group of such buildings and accessory buildings, or utilized for the
principal use or uses thereto, together with such open spaces as
are required under the provision of this by-law, has frontage on a
street; and
(b)
In the case of a non-conforming site existing on the date of
adoption of this by-law, has any lawful means of access
satisfactory to the Council; and
(c)
Is of sufficient size to provide the minimum requirements of this by-
law for a permitted or conditional use in a zone where the use is
located.
FIGURE 2 SITES
FIGURE 3 SITE WIDTH DEPTH AND SITE LINES
1.2.133
STABLE, PRIVATE means a detached accessory building for the keeping
of cattle or horses owned by the occupants of the premises and not kept
for remuneration, hire or sale.
1.2.134
STABLE, PUBLIC means a stable other than a private stable.
1.2.135
STOREY means that portion of any building which is situated between the
top of any floor and the top of the floor next above it and, if there it no floor
above it, that portion between the top of such floor and the ceiling above it.
A basement shall be counted as a storey for the purpose of height
measurement if the vertical distance between the ceiling and the average
finished level of the adjoining ground is more than six (6) feet.
1.2.136
STOREY, FIRST means the storey with its floor closest to grade and
having its ceiling more than six (6) feet above grade.
1.2.137
STOREY, SECOND means the storey located immediately above the first
storey.
1.2.138
STREET means a street as defined in The Act.
1.2.139
STRUCTURE means anything constructed or erected with a fixed location
on or below the ground, or attached to something having a fixed location
on the ground ad includes buildings, walls fences, signs, billboards, poster
panels, light standards and similar items.
1.2.140
TOPSOIL means the surface layer or "A" horizon of soil characterized by
the natural enrichment or accumulation of organic matter and is further
defined as:
a)
Mineral Topsoil consisting predominantly of mineral matter with
enrichment of less than 30% organic matter on a dry weight basis;
and
b)
Peat Topsoil consisting largely of organic residues accumulated
under more or less water saturated conditions through the
deposition and incomplete decomposition of primarily plant remains
which supports or which is capable of supporting plant life.
1.2.141
TOT LOTS means an area dedicated to public playground use for pre-
school children.
1.2.142
TOURIST CAMPS means a camping area whether or not a rental or other
charge is made for the use thereof, that is maintained and used primarily
for the accommodation of tents, travel trailers, and other recreational
vehicles to be used for camping purposes generally during the months of
April to October by automobile tourists, and other non-residents of the
municipality in which the area is situated.
A tourist camp includes any buildings or structures or facilities intended for,
or to be used for cooking, personal cleanliness, washing, health or
sanitation, or any one or more or all of those purposes.
A tourist camp may also include a travel trailer park and rental cabins
1.2.143
TOURIST CAMP SPACE means a space in a tourist camp for the
placement of a camping unit, travel trailer or cabin.
1.2.144
TOWN OR ROW TYPE DWELLINGS, LOTTED means a single town or
row type dwelling unit situated on a zoning site, the limits of which are
designated on a plan of subdivision on record in the Winnipeg Land Titles
Office.
1.2.145
TOWN OR ROW TYPE DWELLINGS, UNLOTTED means a number of
town or row type dwelling units situated on a zoning site, where the
buildings are part of a planned unit development and site lines are note
designated for each building or building group.
1.2.146
TRAVEL TRAILER (including motor homes, tent trailers and similar
recreational vehicles) means a self-propelled vehicle or vehicles without a
motive power, designed to be drawn by a motor vehicle, used as a
transient living accommodation facility for travel, recreation, business,
trade, vacation and construction work, and designed for frequent moves,
but not for long term residential occupation. Travel trailers are capable of
being licensed under The Highways Traffic Act.
1.2.147
TRAVEL TRAILER PARK means any premise which is used or designed
for the temporary accommodation of two or more travel trailers whether or
not a rental or other charge is made for such accommodation.
1.2.148
TRAVEL TRAILER SPACE means a space in a travel trailer park for the
placement of a travel trailer.
1.2.149
USE means:
(a)
Any purpose for which a building or other structure or parcel of land
may be designed, arranged, intended, maintained or occupied; or
(b)
Any activity, occupation, business or operation carried on, or
intended to be carried on, in a building or other structure or on a
parcel of land.
1.2.150
WASTE MANAGEMENT FACILITY means the land, structures, monitoring
devices, and any other improvements on the land used for monitoring,
treating, processing, storing, or disposing of solid waste, leachate or
residuals from solid waste.
1.2.151
WATER STORAGE LANDS means those shoreline areas (including
Water Power Reserve) owned and administered by the Province of
Manitoba or Manitoba Hydro, the primary function of which is the storage
of water for the generation of electricity.
1.2.152
WAYSIDE PARK means a parcel of land designed and improved as a
day-use facility for automobile tourists and residents of the area, which
may include picnicking and boat launch facilities and accessory buildings
such as public washrooms.
1.2.153
YARD means an open area, on the same zoning site with a building or
structure which yard is unoccupied and unobstructed from the ground to
the sky, except as otherwise permitted herein.
(a)
YARD, REQUIRED means a yard extending along a site line or
wall to a depth or width, measured parallel, perpendicular and
equidistant from the site line or wall, specified in the yard
requirement for the zone in which such site is located.
(b)
YARD, CORNER SITE means a side yard which adjoins a street.
(c)
YARD, FRONT means a yard extending along the full width of the
front site line between the side site lines, the depth of which is
measured parallel, perpendicular and equidistant from the front site
line.
In the case where "street" or "right-of-way" does not cross or abut
the entire width of a site, the minimum "front yard" shall be a line
within the site, measured back parallel, perpendicular and
equidistant from the nearest point where said "street" or "right-of-
way" abuts or extends into the site.
(d)
YARD, INTERIOR SIDE means a side yard which is adjacent to
another zoning site, or to a lane separating such side yard from
another zoning site, or to a wall of a buildings adjacent to the wall
of another buildings in a planned unit development.
(e)
YARD, REAR means a yard extending along the full length of the
rear site line between the side site lines, the depth of which is
measured parallel, perpendicular and equidistant from the rear site
line.
(f)
YARD, SIDE means a yard extending along the side site line from
the required front yard to the required rear yard, the width of which
is measured parallel, perpendicular and equidistant from the side
site line.
(g)
The following sketches illustrate the foregoing definitions of the
required yards.
FIGURE 4 YARDS
FIGURE 5 PROJECTIONS
PART 2 - ADMINISTRATION
2.1
SCOPE
2.2
TITLE
This By-law shall be known as "The Rural Municipality of Lac du Bonnet
Zoning By-law" and may also be referred to as The R.M. of Lac du Bonnet
Zoning By-law.
2.3
WHEN EFFECTIVE
This By-law shall be in full force and effect when upon third reading by the
Council of the Rural Municipality of Lac du Bonnet.
2.4
THE AREA
The Area to which this Zoning By-law shall apply shall be all of The Rural
Municipality of Lac du Bonnet.
2.5
INTENT AND PURPOSE
The regulations and provisions established by this By-law are deemed
necessary in order to:
(a)
Implement the objectives and policies of the Lac du Bonnet
Planning District Development Plan as it applies to the R.M. of Lac
du Bonnet;
(b)
To define and limit the powers and duties of the Council, the
Development Officer; and
(c)
To regulate the following:
(i)
All buildings and structures erected hereafter;
(ii)
All uses of buildings, structures and land established
hereafter;
(iii)
All structural alterations and relocations of existing buildings
and structures occurring hereafter;
(iv)
All enlargements or additions to existing buildings,
structures or uses; and
(v)
All changes of use of land, buildings or structures.
2.6
RESPONSIBLE AUTHORITY
(a)
In accordance with the provisions of the Act, The authority
responsible for the enactment of this By-law shall be the Council of
The Rural Municipality of Lac du Bonnet; and
(b)
Subject to the provisions of the Act, the regulations, restrictions and
boundaries set forth in this By-law may from time to time be
amended, supplemented, changed or repealed.
2.7
RESPONSIBILITIES OF COUNCIL
Subject to the provisions of the Act, the Council is responsible for:
(a)
Considering the adoption or rejection of proposed amendments or
the repeal of this By-law;
(b)
Approving and issuing or rejecting variation orders;
(c)
Approving and issuing or rejecting conditional use applications; and
(d)
Establishing a schedule of fees in accordance with the Act. Until all
applicable fees have been paid in full no action shall be taken on
any application.
2.8
PLANNING ADVISORY COMMITTEE
Planning Advisory Committees may be established in accordance with the
provisions of the Act.
2.9
AMENDMENTS TO ZONING BY-LAW
2.9.1
PROCEDURES
Subject to the procedure required under the Act, an amendment may be
initiated by a resolution of intention by the Council. In addition, of one or
more owners of the property, or their agents may also make an application
to Council to initiate a zoning change for their property.
An application to amend the zoning by-law, together with all required
information and required fees, shall be made to the Council, on a form
prescribed by council.
2.9.2
DECISION BY COUNCIL
Council shall notify the applicant in advance of the meeting date at which
the application shall be considered. Council shall hear any representation
by the applicant, review all of the facts presented, study the facts
presented and shall advise the applicant, in writing, of its findings and
resolution. If Council approves the application, it shall proceed with the
adoption of the amendment in accordance with the provision of the Act.
If Council, by resolution, decides not to proceed with the amendment, all
application fees, less a nominal administration fee, shall be refunded.
2.9.3
DEVELOPMENT AGREEMENTS WITH RURAL MUNICIPALITY OF LAC
DU BONNET
As a condition enacting a zoning amendment, and in accordance with the
Act, Council may require that the owner or the person entitled to be
registered as owner of the land, building or structure to which the zoning
amendment shall apply, enter into a development agreement with the
Rural Municipality of Lac du Bonnet and/or dedicate land (or money in lieu
of) for open space.
Where there is a conflict between a subsisting development agreement
and this Zoning by-law, the most restrictive provision shall apply; however,
in no case shall the Zoning by-law be contravened.
2.10
CONDITIONAL USE
The development and execution of this By-law is based upon the division
of the Area affected into zones, within which zones the use of land and
buildings and structures in relation to the land are substantially compatible.
It is recognized, however, that there are certain uses deemed conditional
uses which, because of their unique characteristics, cannot property be
classified in any particular zone or zones with consideration, in each case,
of the impact of those uses upon neighbouring land and of the public need
for the particular use at the particular location. Such uses fall into two
categories:
(a)
Uses publicly operated or traditionally associated with the public
interest; and
(b)
Uses entirely private in character but of such an unusual nature
that their operation may give rise to unique problems with respect
to their impact upon neighbouring property or public facilities.
2.10.1
APPLICATION
An application for a conditional use shall be processed and approved or
rejected in accordance with the provisions of the Act.
2.10.2
FILING AN APPLICATION
The application shall be filed with the Council and shall be accompanied
by a site plan, application fees and other data as the Council may
prescribe.
2.10.3
EXPIRY OF CONDITIONAL USE APPROVAL
A conditional use order shall expire and cease to have any effect if it is not
acted upon or renewed before the expiry dates prescribed by the Act.
2.10.4
EXISTING CONDITIONAL USES
Where a use is classified as a conditional use under this By-law or
amendments thereto, and was lawfully in existence at the date of adoption
of this By-law or amendments thereto, it shall be considered as a lawfully
existing conditional use, building or structure as the case may be, and
except as regulated by this by-law, shall have non-conforming rights as
prescribed by the Act.
2.10.5
CHANGES TO AN EXISTING CONDITIONAL USE
Any change in a conditional use shall be subject to the provisions of this
Section and the appropriate provisions of the Act.
A conditional use application is required when an existing conditional use
is enlarged, expanded or extended to occupy a greater floor and/or greater
area of the site upon which said use is located, except as otherwise
permitted by this by-law.
2.11
VARIATION ORDERS
2.11.1
Any person or his agent may apply for a variation order, in accordance
with the provisions of the Act.
2.11.2
An application for a variation order and all required information and fees
shall be made to Development Officer or other such person authorized by
council. The Development Officer may grant variations in accordance with
subsection 2.12.1 and shall refer all other applications to Council.
2.11.3
EXPIRY OF VARIATION ORDER
A variation order shall expire and cease to have any effect if it is not acted
upon or renewed before the expiry dates prescribed by the Act.
2.12
THE DEVELOPMENT OFFICER
2.12.1
DUTIES
The development officer, on behalf of the Rural Municipality of Lac du
Bonnet, may:
(a)
Issue development permits in accordance with the provisions of this
By-law, the Building By-law and the Maintenance and Occupancy
By-laws.
2.12.2
POWERS
The Development Officer may:
(a)
Allow or refuse such minor variations not exceeding 10 percent of
the requirements of this By-law governing front, side, rear or any
other yard requirements as authorized by and in accordance with
the provisions of The Act.
(b)
Subject to Subsection 2.13.3, issue a development permit where
the development of land, buildings or structures conforms to the
adopted Development Plan, and the requirements of this By-law
and amendments thereto, subject to the provisions of Section;
(c)
With the consent of the owner, enter any buildings or premises at
all reasonable times for the purpose of implementing this By-law,
as provided for in The Act;
(d)
Issue development permits for the temporary use of buildings,
structures or land pursuant to the provisions of this By-law;
(e)
Issue zoning memoranda, non-conforming certicicates or such
other documents necessary for the administration and enforcement
of this By-law; and
(f)
Issue notices of violation for any contravention of the Act and/or
this By-law.
2.12.3
DEFERRAL OR WITHHOLDING APPROVAL OF PERMITS
The Development Officer shall defer approving an application for a
development permit and shall refer such applications to the Council and/or
Board as the case may be:
(a)
As provided for in The Act;
(b)
Which would result in a violation of this By-law or any By-law of the
Rural Municipality of Lac du Bonnet;
(c)
To any person who has failed to pay any fees dues and owing to
the Rural Municipality of Lac du Bonnet or the Lac du Bonnet
Planning District under this By-law; or
(d)
In accordance with the Act For up to 60 days, upon instructions
from the Board or Council in order to determine compliance with
the Development Plan, Zoning by-law or the Act; and
(e)
In accordance with the Act, for up to a further 125 days, upon
instructions from the Board or Council, where the proposed
building, structure or use of land would not conform to a proposed
Development Plan or Zoning By-law.
2.13
DEVELOPMENT PERMITS
2.13.1
PERMIT REQUIRED
The owner or his agent shall obtain all necessary permits as required by
the Council, District Board and other government agencies.
2.13.2
WHEN REQUIRED
An application for a development permit is required for the following:
(a)
The erection or construction or placement of any building, structure
or mobile home, except fences and ornamental light standards and
those buildings less than 120 square feet in area;
NOTE: See definition of structure.
(b)
The addition, extension, structural alteration or conversion of any
building or structure;
(c)
The relocation or removal or demolition of any building or structure;
(d)
The use of vacant buildings or structures; or
(e)
The change of use of land, buildings or structures; or
(f)
The clearing of certain classes of land as specified in this By-law.
2.13.3
REQUIREMENTS
In addition to the requirements of any By-law of the Rural Municipality of
Lac du Bonnet or any other Provincial regulations, all applications for a
development permit shall:
(a)
Be accompanied by a plan, drawn to scale, showing the actual
dimensions and shape of the site to be built upon; the exact size
and location on the site of buildings already existing, if any, and the
location and dimensions of the proposed building, enlargement or
structural alterations;
(b)
Include such other information as may be required by the Council,
District Board and/or Development Officer, including existing or
proposed building or structural alterations; existing or proposed use
of the building and land; the number and location of automobile
parking spaces and loading spaces; the location of fire hydrants,
waste disposal, entrances, loading points and curb cuts; method of
illumination, size and location of signs; location and type of
landscaping, fencing, screening and walkways; the number of
families, dwelling units or rental units the building is designed to
accommodate; conditions existing on the site; current copies of
relevant titles, easements, caveats; a surveyor's certificate and or
surveyor's staking certificate prepared by a Manitoba Land
Surveyor and such other matters as may be necessary to
determine conformance with and provide for the enforcement of
this By-law; and
(c)
No person shall erect, locate, repair, use or occupy any buildings,
land or structure contrary to any development permit or the material
furnished in support of the application.
2.14
COMBINED PERMITS
A development permit may also include a building permit and occupancy
permit.
2.15
BUILDING PERMITS
2.15.1
PERMITS ISSUED PRIOR TO BY-LAW
Unless otherwise provided for herein, development, building and
occupancy permits issued prior to the effective date of this By-law shall be
considered valid for the purposes of this By-law provided all the conditions
under which the permit was issued are complied with.
2.15.2
BUILDING TO BE MOVED
No building or structure shall be moved, in whole or in part, to any other
location unless every portion of the building or structure is made to
conform to all the regulations of this By-law applying to the zone in which it
is located.
2.16
NON-CONFORMITIES
2.16.1
GENERAL PROVISIONS
Subject to the provisions of the Act, the enactment of a zoning by-law does
not affect any land, buildings or structures or intensity of use of any land
buildings or structure that were lawfully in existence before the coming into
force of this By-law.
Non-conformities, as defined in this By-law, shall be regulated in
accordance with and subject to the provision of the Act, unless otherwise
provided for in this By-law.
2.16.2
STRUCTURAL ALTERATIONS TO NON-CONFORMITIES
Pursuant to provisions of The Act, a structural alteration shall not be made
to a non-conforming building or structure or a building or structure
containing a non-conforming use, unless said alteration conforms to the
requirements of this By-law, or unless an appropriate variation order has
been obtained.
2.16.3
PERMITTED ALTERATIONS OR CHANGES TO NON-CONFORMITIES
Pursuant to provisions of The Act, structural alterations may be made to a
building or structure, where the alteration does otherwise not conflict with
the Zoning By-law and does not increase the degree of non-conformity. a
variation order shall not be required in such instances.
2.16.4
DAMAGED NON-CONFORMING BUILDING OR STRUCTURE
Pursuant to the provisions of The Act, where Council determined that a
building or structure is damaged or destroyed fifty percent (50%) or more
of its replacement value above its foundation, the said building or structure
shall not be repaired or rebuilt except in conformance with this By-law, or
unless an appropriate variation order has been obtained.
2.16.5
NON-CONFORMING SITE OR PARCEL
Pursuant to the provisions of the Act, a non-conforming site or parcel may
be occupied by any building, structure or use provided:
(a)
That the building, structure or use is listed as a permitted or
conditional use within the zone in which said parcel is located; and
(b)
That all other requirements of the zone in which the parcel is
located are complied with; and/or
(c)
Variation orders have been obtained to alter the requirements
within the particular zone.
A variation order shall not be required where a site or parcel is being
increased in size or area so as to decrease its non-conformity, even
though the enlarged site or parcel does not conform with the site area and
width requirements of this By-law. The enlargement of said site or parcel
shall not cause an increase in non-conformity of an abutting or adjoining
site or parcel.
2.16.6
NON-CONFORMING SIGNS
A non-conforming sign shall be subject to all the provisions of this Part
relating to non-conformities, except as provided hereafter:
(a)
A change in the subject matter represented on a sign shall not be
considered a change of use; and
(b)
A non-conforming sign may be structurally altered, reconstructed,
or replaced in the same location and position provided that such
structural alteration, reconstruction, or replacement does not result
in:
(i)
The creation of a new non-conformity or an increase in the
degree of non-conformity; or
(ii)
An increase in the sign surface area; or
(iii)
An increase in the degree of illumination.
(c)
Signs adjacent to a Provincial Highway or Provincial Road may
also require approval of the Highway Traffic Board or Manitoba
Transportation and Government Services.
2.17
INTERPRETATION AND APPLICATION
In their interpretation and application, the provisions of this By-law shall be
held to be the minimum requirements to satisfy the intent and purpose as
set for the herein.
2.17.1
RELATION TO OTHER BY-LAWS
Whenever provisions of this Zoning By-law conflict with any By-law of the
Rural Municipality of Lac du Bonnet, the Lac du Bonnet Planning District or
any regulation of the Provincial or Federal Government, the most
restrictive or highest requirement shall govern.
The Rural Municipality of Lac du Bonnet shall only be responsible for
enforcement of its own regulations; however, it may require proof of
compliance with Federal or Provincial regulations prior to issuance of the
applicable permit or certificate.
2.17.2
PREVIOUS VIOLATIONS
Unless otherwise provided for herein, an existing building, structure or use
which was illegal under the provisions of any planning scheme or zoning
by-law in force on the effective date of his By-law and amendments
thereto, shall not become or be made legal solely by reason of the
adoption of this By-law; and to the extent that, and in any manner that,
said illegal building, structure or use is in conflict with the requirements of
this By-law, said building, structure or use remains illegal hereunder.
2.17.3
VARIATION ORDER OR SPECIAL EXCEPTION PRIOR TO BY-LAW
A building or structure or use established by a variation order prior to the
coming into force of this By-law shall, subject to the provisions of the
variation order be deemed to conform to the provisions of this By-law.
2.18
ENFORCEMENT
The enforcement of this By-law, or any resolution or order enacted by the
Council under the Act or any regulation made thereunder shall be in
accordance with The Act.
2.19
DUTIES OF THE OWNER
2.19.1
RESPONSIBILITY
Neither the granting of a development permit nor the approval of the
drawing and specifications nor the inspections made by the Development
Officer shall in any way relieve the owner of the responsibility of complying
with the requirements of this By-law or any permit issued thereunder and
any other relevant By-laws of the Rural Municipality of La du Bonnet.
2.19.2
PERMITS REQUIRED
Every owner shall:
(a)
Permit the Development Officer to enter any buildings or premises
at any reasonable time for the purpose of administering or
enforcing this By-law and shall not molest, obstruct or interfere with
the Development Officer in the discharge of his duties under this
By-law;
(b)
After the development application has been approved and the
permit issued, obtain the written approval of the Development
Officer before doing any work at variance with the approved
documents filed; and
(c)
Be responsible for obtaining, where applicable from the appropriate
authorities, permits or licenses relating to the buildings, grades,
sewers or water supply systems, private sewage disposal systems,
plumbing, signs, blasting, street, occupancy, electrical, highways
and all other permits required in connection with the proposed
work.
2.20
FEE SCHEDULE
The Rural Municipality of Lac du Bonnet shall by by-law, establish a
schedule of fees to be paid by any owner of land or person acting under
his authority who wishes to acquire a zoning amendment, a zoning
memorandum, a conditional use order, a variation order, a non-conforming
use certificate, and/or a development permit.
Development permit fees shall be established by by-law of the Lac du
Bonnet Planning District.
.
PART 3 - ZONING
3.1
ZONES
3.1.1
The various zones established by this are intended to provide sufficient
land for a variety of land uses within the Area, in accordance with the
objectives and policies of the Lac du Bonnet District Development Plan.
In order to carry out the intent and purpose set forth in Section 2.5 herein,
the following zones are hereby established in the Area:
(1)
The "RR" Rural Residential Zone provides for the development of
single-family dwellings, factory built houses and mobile home
dwellings in a "semi-rural" context on lots of generally 2 acres or
greater.
(2)
The
"RG"
General
Residential
Zone
provides
for
the
development of single-family dwellings, factory built houses, two-
family dwellings, and multiple-family dwellings in a "semi-urban"
context on lots generally ranging from 7,500 to 20,000 square ft.
(3)
The "RMH" Residential Mobile Home Zone provides for the
permanent placement of mobile homes and factory built houses on
individually owned private sites or within an approved mobile home
park.
(4)
The "SR" Seasonal Recreational Zone is intended to provide for
the development of single-family seasonal cottages, including
factory built houses, in a residential recreational context, utilizing
recreational lands adjacent to rivers and lakes.
(5)
The "SRG" General Seasonal Recreational Zone is intended
primarily to provide for a full range of recreational developments
including cottage dwellings, trailer parks, tourist camps, marinas
and related commercial activities by classifying them as permitted
or conditional uses in order to maintain compatibility with adjacent
development and the natural environment.
(6)
The "SRC" Commercial Seasonal Recreational Zone provides
for recreational related commercial uses such as resorts,
amusement parks, food stands, restaurants, tourist camps, self-
service laundry, marinas, amusement enterprises, gas stations and
general stores either as a large scale enterprise or as a collection
of small scale commercial developments, usually grouped together.
(7)
The "HC" Highway Commercial Zone provides for commercial
uses adjacent to main highways within the R.M. of Lac du Bonnet.
(8)
The "M" Industrial Zone provides for light manufacturing,
processing, distribution and transportation uses that create no
nuisances. Contained or screened outdoor storage may be
permissible. Certain heavy industrial uses may be listed as
"conditional".
(9)
The "O I" Open Space and Institutional Zone is to designate
lands for either public or private recreational use including such
uses as public parks, arenas, curling clubs, community centres, golf
courses and institutional buildings and used for buffers separating
different types of land uses. It may also be used for designating,
undeveloped areas such as slough, brush, shrubland, ravines and
shoreland unsuitable for development; publicly owned lands to be
retained in an undeveloped state; utility rights-of-way that have an
open space character; and "Common elements" within Bare Land
Unit Condominiums, which are intended for open space use.
(10)
The "OS" Open Space, Shoreland Zone is intended to protect
shoreline areas from incompatible uses. In the R.M. of Lac du
bonnet the primary function of these land is to create reservoirs for
waterpower developments; but may also include areas which are
flood prone, subject to erosion or bank instability. This zone
includes, but is not limited to, Manitoba Hydro's water storage
lands, Winnipeg River Power Reserve, Crown and Public Reserve,
and other Crown lands designated for water storage or hydro
development purposes.
(11)
The "RD" Resource Development Zone is intended to identify
those rural lands in the municipality with a high capability for
wildlife, natural resource activities and extensive recreational uses.
This zone will also identify land where agricultural activities and
native lands are interspersed and will permit certain agricultural
activities. In accordance with Development Plan policies,
restrictions are placed on the size and intensity of livestock
production operations located in proximity to intensively developed
residential or recreational areas.
(12)
The "AG80" General Agricultural Zone is to provide for general
agricultural uses, including grain production, dairying, pasturage,
agriculture, market gardening, horticulture, silviculture and for
animal and poultry production on a large scale.
(13)
The "A40" Limited Agricultural Zone is to provide for agricultural
uses on a restricted basis in areas adjacent to urban centres, rural
residential and recreational areas so as to avoid land use conflicts.
The intensity and type of uses permitted, particularly livestock, may
be limited.
3.1.2
COLLECTIVE ZONING TERMINOLOGY
Whenever the terms "A" Zone, "R" Zone, "RR" Zone, "C" Zone, "M" Zone,
"O" Zone, "RD" Zone or "SR" Zone are used, they shall be deemed to refer
to all zones containing the same letter in their names.
3.2
ZONING MAP - INTERPRETATION
The location and boundaries of the zones listed in Section 3.1 above are
shown upon Zoning Maps attached hereto, marked as Appendices "A" to
this By-law. Said Zoning Maps form part of this By-law. All notations,
references and other information shown thereon, including minimum front
yard depths, shall be as much a part of this By-law as if the matters and
information set forth in the said Zoning Map were fully described herein.
3.2.1
DIMENSIONS AND SCALE
The scale and all dimensions of the Zoning Maps are in imperial
measurement (feet and inches).
3.2.2
REGISTERED PLANS
All plan references on the Zoning Maps pertain to registered plans filed in
the Winnipeg Land Titles Office or Director of Surveys Plans filed with the
Director of Surveys.
3.2.3
ABBREVIATIONS
The abbreviations noted on the Zoning Maps mean the following:
(a)
"Blk." means Block;
(b)
"Gov't Rd. All'ce." means Government Road Allowance;
(c)
"Pcl." means Parcel;
(d)
"Pt." means Part;
(e)
"Rge." Means Range;
(f)
"R.M. of Lac du Bonnet" means the Rural Municipality of Lac du
Bonnet;
(g)
"Sec." means Section;
(h)
"Twp." means Township;
(i)
"E.P.M." or "E" means East of the Principal Meridian;
(j)
"NE 33-14-8 E" means the north-east quarter of Section 33,
Township 14, Range 8, east of the Principal Meridian, and has a
similar meaning for other sections, townships and ranges as the
case may be.
(k)
"P.R." means Provincial Road; and
(l)
"P.T.H." means Provincial Trunk Highway;
(m)
"District Board" means the Board of the Lac du Bonnet Planning
District;
(n)
"N/A" or "n/a" means not applicable;
(o)
"N" means north;
(p)
"D of S" or D.S Plan " means Director of Surveys Plan
(q)
"RD" means road;
(r)
"Plan" means Registered Plan. and
3.2.4
INTERPRETATION OF DEVELOPMENT PLAN BOUNDARIES
Where a change in land use or amendment to the zoning by-law is
proposed and the bulk, but not all of the subject lands fall within the
appropriate development plan category, the subject lands shall be deemed
to fall within the boundaries of the appropriate development plan category
so as not to necessitate an amendment to the development plan.
3.2.5
INTERPRETATION OF ZONE BOUNDARIES
In the interpretation of the boundaries of the zones as shown on the
Zoning Maps, the following rules shall apply:
(a)
Heavy broken lines represent zone boundaries. Where the zone
boundary is broken by the name of a street it shall be construed
that the boundary continues through the name of the street;
(b)
Notwithstanding that streets, lanes, and public utility rights-of-way
may be within the zone boundaries, the regulations contained in
this By-law shall not be deemed to be applicable to said streets,
lanes and public utility rights-of-way;
(c)
Boundaries indicated as following the centrelines of streets,
highways or lanes shall be construed as following such centrelines;
(d)
Boundaries indicated as following lot, site or property holding lines
on a registered plan shall be construed as following such lot, site or
property holding lines;
(e)
Boundaries indicated as following the limits of an incorporated
municipality shall be construed as following the limits of said
municipality;
(f)
Boundaries indicated as following the centrelines of railway lines or
railway rights-of-way or public utility lines or public utility rights-of-
way shall be construed to be midway between the main tracks or
the centre of the rights-of-way, as the case may be;
(g)
If a street, lane or Government Road Allowance shown on the
Zoning Map is lawfully closed, the land formerly comprising the
street or lane or government road allowance shall be included
within the zone of the adjoining land; however, if the said street or
lane or government road allowance was a zoning boundary
between two or more different zones, the new zoning boundary
shall be the former centreline of the closed street or lane or
government road allowance, except where the closed road is being
transferred to an adjoining owner, in which case the boundary shall
follow the limit of the consolidated property.
3.3
GENERAL USE REGULATIONS APPLYING TO ALL ZONES
The general provisions applying to all zones are contained within this Part.
Also applying to these zones are the provisions of Part 1 - "Definitions",
Part 2 - "Administration" and "Appendix A".
3.3.1
INTERPRETATION OF REGULATIONS
In their interpretation and application, the provisions of this Part and the
provisions of all zones established herein shall be held to be the minimum
requirements to satisfy the intent and purposes set forth in each zone.
3.3.2
GENERAL
No person shall cause land to be used or occupied except in conformity
with this by-law; and
No land shall be used or occupied and no building or structure shall be
erected, altered, used or occupied hereinafter for any use in any zone in
which such land or structure is located other than a use listed in the Use
and Bulk Table of the respective zone, except uses permitted by this Part
and uses lawfully established prior to the effective date of this By-law.
3.3.3
TEMPORARY BUILDING, USE OR STRUCTURE
(a)
TEMPORARY BUILDING, USE OR STRUCTURE means a
removable building, use or structure permitted on a temporary basis
during construction on the same site.
(b)
A development permit for a temporary building, use or structure shall
not be issued unless there is a valid development/building permit for
the principal building, use or structure on the same site. The
temporary permit shall be subject to such terms and conditions as
required by Council or the Development Officer and may be subject
to an agreement with the R.M. of Lac Du Bonnet.
(c)
Temporary buildings, uses and structures, which are incidental and
necessary to construction in the same zone may be permitted on a
temporary basis, subject to the issuance of a development permit, for
the following purposes:
(i)
For storage of construction materials and equipment
incidental and necessary for construction, and for temporary
concrete and asphalt batching plants required for highway
construction;
(ii)
For office space for a contractor or developer; and
(iii)
For temporary accommodation. Temporary accommodation
shall generally be limited to a travel trailer (as defined
herein). A temporary building may be used as temporary
accommodation provided it complies with the Manitoba
Building Code for residential occupancies. (See also 3.3.17
Accessory Uses.)
(d)
Temporary buildings, uses and structures shall not be detrimental to
the public health, convenience, general welfare and/or amenity of the
zone in which said uses are located. Temporary building, uses or
structures must be constructed, erected and/or placed in such a
manner that they can be removed upon completion of construction.
Following completion of construction, temporary uses may be
converted to a permitted or conditional use or accessory use,
provided that all building code and zoning by-law requirements are
complied with.
(e)
A development permit for a temporary building, use or structure shall
be valid for a period not exceeding twelve (12) consecutive months
and may be renewed by the Development Officer for two (2)
additional period of six (6) consecutive months each. Said permit
shall not be further renewed except by resolution of Council of the
Rural Municipality of Lac du Bonnet and for periods not exceeding
six (6) consecutive months each.
3.3.4
USE AND BULK TABLES
(a)
The use and bulk tables applicable to each zone of this by-law are
intended to regulate the use and development of land within that
zone. Any use listed as a permitted use in a given zone may be
developed on any site within that zone provided all requirements
are complied with. Conditional uses listed in a particular zone may
be permitted subject to any additional conditions that may be
applied by means of a conditional use order as provided for in The
Act.
(b)
The use and bulk tables contained within this by-law have been
constructed in such a manner that most requirements for a
permitted or conditional use are listed on the table. The permitted
and conditional uses of a given zone are listed vertically along the
left hand side. The bulk regulations pertaining to a particular use,
such as site area, yard, building, parking spaces and sign
requirements are listed on the Table to the right of each permitted
use. Where one requirement pertains to more than one use, the
applicable requirement is that located in the space directly to the
right of the use listed. Exceptions to specific requirements are
footnoted and located at the side or at the bottom of the table.
(c)
Projections from main buildings, such as eaves and chimneys,
although not permitted uses in themselves, are listed in the
permitted use column. The yard requirements for projections are
located on the table to the right of the projection listed and are the
minimum distances that must be maintained from any projection to
a site line on the site in which the building is located.
(d)
Retention of Bulk Regulations
(i)
It shall be the continuing obligation of the owner to maintain
the minimum site area, yards and other open spaces
required herein for any use as long as it remains in
existence.
(ii)
The minimum site area, yards and other open spaces
allotted to a use as per requirements of this by-law shall not
by virtue of change of ownership or for any other reason, be
used to satisfy the yard, other open space, or minimum site
area requirements for any other uses.
(iii)
All yards and other open spaces required for any use shall
be located on the same site as the use.
(iv)
Where a site is occupied for a use permitted in a zone and
has no buildings or structures thereon, the required yards
for the zone within which it is located shall be provided and
maintained.
(v)
No building or structure shall be permitted on a corner site
when such building or structure is to be oriented in such a
manner as to reduce the front yard requirement on the
street on which such corner site has its frontage at the time
this Zoning by-law becomes effective.
3.3.5
FRONT YARD EXCEPTIONS
Where sites comprising forty percent (40%) or more of the entire frontage
of the block (excluding reverse corner sites) are developed with buildings,
the average front yard depths established by such buildings shall establish
the minimum front yard depths for the entire frontage of the block provided
such average is less than the minimum front yard required in the Zone in
which the site is located.
Front yard exceptions may also be noted on the Zoning Maps attached
hereto.
3.3.6
SUBDIVIDING LAND AND SITE SIZE REQUIREMENTS
(a)
No parcel of land shall hereafter be divided into smaller parcels,
sites or lots, unless each parcel, site or lot conforms with the
regulations set forth in the bulk tables for the zone in which said
parcel is located.
(b)
The site size requirements shall be as set forth in the bulk tables for
the zone in which said site is located.
3.3.7
SITE REDUCED BY PUBLIC UTILITY, SERVICE OR STREET
A site area or site width or required yard reduced below the minimum
requirements of this By-law by virtue of a public works, street or public
utility shall be deemed to conform to the requirements of this By-law.
3.3.8
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 public
utility, as defined by this By-law, or public service such as police and fire
protection, provided that the requirements of such public utility or public
service is of a standard compatible with the adjacent area as determined
by the Development Officer, and that any building or structure erected in
any zone complies with the yard and area requirements applicable to the
zone.
3.3.9
CONNECTING TO MUNICIPAL SERVICES
All principal buildings constructed on a site served by public or private
sewer, water or hydro distribution shall be connected to such services.
3.3.10
PUBLIC MONUMENTS AND STATUARY
Nothing in this By-law shall be so interpreted as to interfere with the
maintenance or erection of monuments, statuary, and similar structures
erected by the Municipality or Province.
3.3.11
SAND, GRAVEL OR MINERAL EXTRACTION OPERATIONS
TOPSOIL AND PEAT REMOVAL
(a)
Development of land shall not be permitted on high quality mineral
deposits, useable deposits of aggregate or lands containing a valid
mineral deposition, in accordance with the Lac du Bonnet Planning
District Development Plan.
(b)
A development permit shall be required for the removal of quarry
minerals and for the expansion of an existing extractive operation
and shall include:
(i)
In the case of Crown quarry minerals, proof of issuance of a
Provincial Lease or Casual Permit under Quarry Regulation
65/92 or any replacement thereof;
(ii)
A plan showing areas and means of disposing overburden
and routes for hauling the minerals;
(iii)
A site plan showing the precise plan of operation, the
manner in which extraction or development will occur, the
means of visual buffering, groundwater protection plan and
noise and dust protection, and the intended use(s) of the
site upon completion of the quarrying phase.
(iv)
A plan of rehabilitation of the site when exhausted and
where applicable, subject to Manitoba Regulation 226/76.
(c)
The Council shall, prior to issuance of the above permit, consult
with the Mines Branch, Province of Manitoba.
(d)
Where permitted herein, a development permit shall be required for
commercial topsoil operations involving the stockpiling and removal
of topsoil from any site and/or expansion of any such operation.
Such operations may be subject to licensing by the Rural
Municipality of Lac du Bonnet. Council shall, prior to issuance of a
permit, consult with the provincial Department of Agriculture.
3.3.12
BASEMENT DWELLING UNIT
A basement dwelling unit shall comply with the provisions of this By-law,
the Buildings and Mobile Homes Act and any other By-law or Act having
jurisdiction.
3.3.13
FUTURE ROAD ALLOWANCE DEEMED EXISTING
No building or structure shall be erected upon any land acquired by The
Rural Municipality of Lac du Bonnet or any other Federal or Provincial
government agency and which has been designated for a future road
allowance. Any development adjacent to said future road allowance shall
comply with the requirements of the By-laws as if the said future road
allowance was already in existence.
3.3.14
NUMBER OF BUILDINGS PERMITTED PER SITE
Except wherein otherwise stated, there shall be only one main building or
one main use on a parcel or zoning site. For example, a residential or
seasonal residential parcel or zoning site shall contain only one (1) single-
family dwelling or one (1) two-family dwelling or one (1) multiple family
dwelling and their accessory buildings as permitted on the Use and Bulk
Tables.
Where a site comprises 2 or more complete lots on a plan of subdivision,
each lot may be occupied by any use permitted in the zone in which it is
located, provided that each lot complies with the minimum site area and
site width requirements of said zone.
3.3.15
MULTIPLE USES OF A SINGLE SITE
When permitted, and where any parcel, site or building is used for more
than one purpose or use, all provisions of the By-law, such as floor area,
yard requirements and number of parking and loading spaces, relating to
each use shall be satisfied. Where there is a conflict such as in the case
of site area and frontage, the greater or more stringent requirements shall
prevail. The requirement providing for the maximum site coverage shall
also prevail.
3.3.16
HEIGHT EXCEPTIONS
The provisions of his By-law shall not apply to limit the height of any
ornamental dome, chimney, tower, electrical or telephone transmission
line, television or radio mast, steeple, water storage tank, electrical
apparatus or the mechanical operation of the building provided that no roof
structure or any space above the height limit shall be permitted for the
purposes of providing usable floor space.
3.3.17
ACCESSORY BUILDINGS AND USES PERMITTED
Accessory buildings, except as otherwise regulated in the by-law, shall be
subject to the following regulations:
(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 main building.
(b)
No detached accessory buildings shall be located closer than ten
(10) feet to any main building, except as provided for herein and
except as provided for by variation.
(c)
In no instance shall an accessory building be located within a
dedicated easement or right-of-way except as provided for by said
easement or right-of-way.
(d)
Unless otherwise provided for herein, no accessory building shall
be erected or placed on a zoning site, prior to the erection of the
main building, except where it is necessary for the storage of the
tools and materials for use during construction of the main building,
as provided for in the Subsection entitled "TEMPORARY
BUILDING USE OR STRUCTURE" contained in this part.
(e)
Except as provided herein, an accessory building shall not include
a dwelling or be used for human occupancy. (See also Section
3.3.3)
(f)
A permit may be issued to place, erect or construct a private
garage or an accessory storage building prior to the erection or
construction of a dwelling or other principal use. A private garage
may be used as temporary accommodations subject to Subsection
3.3.3 herein.
(g)
Where permitted, fabric covered accessory buildings of canvas,
polyethylene, reinforced polyethylene, kevlar, nylon or similar
material, shall be in compliance with building code standards
(h)
Where a through site or parcel has a depth of less than two
hundred (200) feet, an accessory building, which meets the
requirements of the zone in which is located, may be located in one
of the required front yards, provided such building is set back from
the nearest site (street) line a distance of not less than the
minimum front yard requirement of abutting parcels or sites along
the same site (street) line.
3.3.18
THROUGH SITE - MAY BE TWO SITES
A through site having a depth of two hundred (200) feet or more may be
assumed to be two sites with the rear line of each approximately
equidistant from the front site lines, provided all area and yard
requirements are complied with.
3.3.19
NOXIOUS OR OFFENSIVE USES
Notwithstanding anything herein contained, no use shall be permitted in
any zone which may be noxious or offensive by reason of the emission or
production of odor, dust, refuse matter, wastes, vapour, smoke, gas,
vibration or noise, unless such use is specifically permitted in that zone.
3.3.20
SIGN REGULATIONS
The regulations of this section are intended and designed to establish a
minimum control of signs. Such control is deemed essential to promote
the health, safety and general welfare by reducing hazards to pedestrian
and vehicular traffic, and by preventing unsightly and detrimental
development having a blighting influence upon residential, business and
industrial uses.
The following shall apply in all zones except wherein otherwise stated:
(a)
No sign or sign structure shall be erected at any location where it
may interfere with, obstruct the view of, or be confused with any
authorized traffic sign, signal or device.
(b)
No sign or sign structure shall be located in such a manner as to
materially impede the view of any street or highway intersection, or
in such a manner as to materially impede the view of the
intersection of a street or highway with a railroad grade crossing.
(c)
No rotating beam or beam shall be used in connection with any
sign display nor shall any flashing illumination resembling an
emergency light be used for such purposes.
(d)
A flashing sign, in or within three hundred (300) feet of any
residential zone, shall not be operated between the hours of 10
p.m. and 7 a.m.
(e)
All signs and sign structures shall be kept in repair and in proper
state of preservation. Signs which have become obsolete because
of discontinuance of the business service or activity, and have not
been removed or relocated within thirty (30) days following such
condition and following proper notice from the R.M. of Lac du
Bonnet, may be removed by the Municipality at the owner's
expense.
(f)
Where a sign has two or more faces, the area of all faces shall be
included in determining the area of the sign, except where two such
faces are placed back to back and are at no point more than two
(2) feet from one another, the sign surface area of the sign shall be
taken as the surface area of one face if the two faces are of equal
area, or as the surface area of the larger if the two faces are of
unequal area.
(g)
It shall be unlawful to erect or maintain any sign on, over or above
a highway, street or lane, or any land or right-of-way belonging to
the Municipality, unless such right is established by permit or
agreement with the Municipality or Province of Manitoba, and all
signs shall adhere to all the requirements of the zone in which they
are located.
(h)
The placing of signs within the control lines and circles of a
Provincial Road or Provincial Trunk Highway shall require a permit
from the appropriate authority.
(i)
No advertising sign or other type of display sign shall be
constructed in any zone without the approval of the Council, except
as otherwise stated herein and as follows.
(i)
Signs posted by duly constituted public authorities in the
performance of their public duties.
(ii)
Flags or emblems of a political, civic, educational or
religious organization.
(iii)
Temporary signs as may be authorized by Council for not
more than two months at a time by written permit which
shall show the size, shape, content, height, type of
construction and location of such signs.
(iv)
"No Trespassing" "No Shooting" and "No Hunting" signs not
exceeding three (3) square feet.
(v)
Construction signs when placed on construction sites and
not exceeding twenty-five (25) square feet.
(vi)
Signs required for direction and convenience of the public
including signs which identify restrooms or parking entrance
or exit, not exceeding five (5) square feet in area.
(vii)
Real estate signs not exceeding ten (10) square feet which
advertise the sale, rental or lease of a building, structure,
site or part thereof.
3.3.21
LOADING REQUIREMENTS
Except as hereinafter provided, the following regulation and requirements
shall apply in all commercial and industrial zones and for all non-residential
and non-cottage, commercial type of uses in the "SRG" and "SRC"
Seasonal Recreation Zones to ensure an adequacy of loading spaces and
areas:
(a)
The driveways, loading and unloading area surfaces shall be
maintained with a stable surface, which is treated so as to prevent
the raising of dust or loose particles. Such areas shall, before
being used, be constructed of crushed stone, slag, gravel, crushed
brick (or tile), cinders, asphalt, concrete, or Portland cement binder
and with provisions for drainage facilities.
(b)
Access to loading or unloading areas shall be by means of a
driveway at least 20 feet wide contained on the site in which the
spaces are located and leading to a street or lane located within
the zone in which the use is located.
(c)
Loading Spaces: For all buildings and uses involving regular and
frequent receiving, shipping, loading or unloading or persons,
animals, goods, wares, merchandise or raw materials, the owner or
operator of the buildings or uses shall provide and maintain on the
site adequate loading and unloading spaces as follows.
Each loading or unloading space shall be at least 30 feet long, 12
feet wide and have a vertical clearance of at least 14 feet.
90 DEGREE PARKING
Area of Building
Minimum Loading Spaces
Less than 5,000 square feet
Nil
Exceeding 5,000 square feet
1 space plus 1 additional space
for each 10,000 square feet in
excess of 5,000 square feet.
3.3.22
PARKING SPACE DIMENSIONS AND DESIGN
(a)
All parking areas and parking spaces be maintained with a stable
surface, which is treated so as to prevent the raising of dust or
loose particles. Such areas shall, before being used, be
constructed of crushed stone, slag, gravel, crushed brick (or tile),
cinders, asphalt, concrete, or Portland cement binder and with
provisions for drainage facilities.
(b)
The following diagrams illustrate the required parking space
dimensions and design standards for required areas as listed in the
use and bulk tables of each specific zone.
FIGURE 6
8 FT.
22 FT.
MINIMUM AISLE WIDTH
PARALLEL PARKING
12 FT.
AISLE
20
FT.
8 FT.
45 DEGREE ANGLE PARKING
46 FT.
45 DEGREE MESHED ANGLE PARKING
8 FT.
20 FT.
52 FT.
12 FT.
AISLE
20
FT
20 FT.
AISLE
60 FEET
20 FT.
10 FT.
90 DEGREE PARKING
3.3.23
DEMOLITION AND REMOVAL OF BUILDINGS OR STRUCTURES
Where a development permit has been obtained for the demolition or
removal of a building or structure, all demolition, removal of debris, filling of
excavations or basements and re-grading of the site shall be undertaken
within 90 days of the date of issuance of said permit. This period may be
extended at the discretion of Development Officer, due to unusual
circumstances such as weather conditions and road restrictions.
3.3.24
FLOOD RISK AREAS AND HAZARD LANDS
(a)
Notwithstanding any other provision of this By-law, Council may
refuse to issue a building and/or development permit where the
proposed building or structure, as determined by Council, is to be
located within the floodway of a river, stream, drain or watercourse,
and where Council has determined that placement of said structure
would impede the flow of flood waters and/or create a hazard to
life, limb or property.
(b)
Where Council has determined that flood hazards do not exist 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:
(i)
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 20 feet around each building
to the flood protection level, which is two (2) feet above the
flood level;
(ii)
The backwater effect from the development and from
development of all other flood prone areas in accordance
with these criteria is within the limits specified for the area
by the Province; and
(iii)
Prior to the issuance of a development permit, the
development permit application is accompanied by a
professional engineering report confirming the adequacy
and safety of the proposed flood protection works.
(c)
Basements (which are not recommended in flood risk areas) if
constructed, shall:
(i)
Have the elevation of the basement floor not lower than the
flood protection level by 2 feet if the fill material is pervious
such as sand or 5.5 feet if the fill material is impervious such
as clay;
(ii)
Not contain habitable space and not be used for storage of
immovable materials or hazardous materials that are
buoyant, flammable, explosive or toxic;
(iii)
Not contain any electrical circuit breaker panels; and
(iv)
Be provided with a sump pump;
(v)
Have back-up valves in the sewer pipes or pipes leading to
a holding tank or disposal field.
(d)
Notwithstanding any other provision of this By-law, Council may;
(i)
Refuse a building and/or development permit where Council
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; or
(ii)
Require that the proposed building or structure be
constructed and located in such a manner as to negate the
effects of the hazard.
(e)
Notwithstanding any other provision of this By-law, Council may
refuse a development permit for any drainage works to be
undertaken on private lands where it has 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.
(f)
Council may require that the applicant provide, at his own expense,
such flood levels, elevations, or other geotechnical data as may be
required for its determinations with respect to subsection (a), (b) (c)
(d) and (e) above.
3.4
SUBDIVISION OF LAND
3.4.1
Notwithstanding the fact that a parcel of land may exceed the applicable
minimum site area and site width requirements by any given multiple,
Council is not, in any manner, obligated to approve a subdivision of said
parcel.
3.4.2
Approval of a subdivision of land is subject to the provisions contained in
The Planning Act and the pollicies contained within the Lac du Bonnet
Planning District Development Plan and amendments thereto. Parcels or
lots resulting from said subdivision must conform to the site area and site
width requirements of the zones in which they are located as established
herein.
3.5
USE OF SEPTIC FIELDS AND PUMP OUT HOLDING TANKS
Notwithstanding Provincial regulations respecting the use of septic fields,
the R.M of Lac Du Bonnet shall restrict the use of septic fields for sewage
disposal to sites, parcels or lots having a site area of two (2) acres or
greater.
All parcels or lots having an area of less than two (2) acres shall require
the installation of pump out holding tanks for sewage disposal. Where soil
conditions permit, grey water fields may be permitted in conjunction with a
pump out holding tank; however where soil conditions and depth to
bedrock prohibit the use of grey water fields, total containment pump out
tanks shall be required.
Council may waive the above requirement if the owner provides
professional engineering data or other qualified data to support the
installation of a septic field on a lot having an area less than two (2) acres.
Pit privies (out houses) may be permitted in the "SR", "RR" "RD", and "A"
zones, subject to proof of compliance with the regulations under the
Environment Act.
PART 4
RESIDENTIAL ZONES
4.1
GENERAL PROVISIONS FOR RESIDENTIAL ZONES
The provisions applying to all residential zones are contained within this
part. Also applying to these zones are the provisions of Part 1 -
"Definitions", Part 2 - "Administration", Part 3 - "Zoning" and "Appendix A".
4.1.1
ACCESSORY USES
(a)
In the Residential Zones, accessory uses, buildings and structures
shall be limited to the following:
(i)
A children's playhouse, dog house, garden house, gazebo,
private greenhouse, private conservatory and private
swimming pool, open or enclosed;
(ii)
A private garage, carport, covered patio, tool house, shed or
other similar building;
(iii)
Incinerators subject to the by-laws of the R.M. of Lac du
Bonnet;
(iv)
Accessory off-street parking areas as required and
regulated herein;
(v)
Signs as permitted and regulated herein;
(vi)
Home occupations, provided that no more than 20% of the
combined floor area of the dwelling unit or mobile home is
devoted to the home occupation;
(vii)
Refuse and garbage area separate from required parking
areas, buffers and open spaces for multiple-family dwellings
and other permitted or approved uses.
(viii)
Animal shelters and kennels within the "R" Rural Residential
Zones as regulated by this Part; and
(ix)
Boathouses.
(x)
Detached guest quarters as defined and regulated herein.
There shall be no more than one guest quarter permitted on
any site.
(By-law 3-05)
Except as provided by Sections 3.3.3 and 3.3.17 herein an accessory
building shall not be erected prior to the principal dwelling and shall not be
used for human occupancy.
Fabric covered accessory buildings of canvas, polyethylene, reinforced
polyethylene, kevlar, nylon or similar material shall be deemed to be a
Conditional Use in all residential zones.
4.1.2
PLANNED UNIT DEVELOPMENT (P.U.D.)
For planned unit developments, the provision of the Residential Use and
Bulk Tables of this part shall not apply. The design shall produce an
environment of stable and desirable character and shall incorporate at
least equivalent standards of amenity, accessory off-street parking areas
and other requirements and standards established in this By-law.
Planned unit developments for residential purposes may also include
accessory and supportive commercial uses, not exceeding 10% of the total
floor area of the development.
In addition to the requirements of Section 2.10 and 2.14 respectively, an
application for the establishment of a planned unit development shall be
accompanied by the following information prepared and submitted by the
applicant:
(a)
Impact studies dealing with the following matters:
(i)
A concise statement as to the general benefits of the
development to the community as a whole;
(ii)
Effect on neighbouring structure and the general residential
character of any adjacent neighbourhood;
(iii)
Effect on the skyline, views and vistas in all directions;
(iv)
Effect on the natural environment, such as surface and
subsurface of the land, pollution of groundwater, increase in
surface run-off and flooding, soil erosion and vegetation;
(v)
Safety and general welfare;
(vi)
Sewer and storm drainage system;
(vii)
Tax benefits to the community (tax base, assessments and
land value);
(viii)
Cost benefit-analysis; and
(b)
The Council may not require clause (viii) above if it deems such to
be unwarranted.
(c)
The Council in reviewing such application may require such
additional information from the applicant as may be necessary for
review of the proposal.
4.1.3
AREA AND YARD REQUIREMENTS FOR TWO-FAMILY AND
MULTIPLE-FAMILY DWELLINGS
(a)
For the purpose of side yard regulations, a semi-detached two-
family dwelling, a row-house or a multiple-family dwelling with
common party walls shall be considered as one (1) building
occupying one (1) site.
(b)
(i)
A semi-detached two-family dwelling, a side-by-side or a
duplex or a row-house may be subdivided into two or more
attached single-family dwellings, through a common party
wall.
(ii)
Unless otherwise approved, the lots so created by
subdividing the side-by-side or duplex, or row-house may
only be used for the purpose of single-family dwellings, and
the resulting site area and site width shall become the
minimum site area and site width required for said
dwellings.
4.2
RESIDENTIAL USE AND BULK REGULATIONS
4.2.1
The Residential use and bulk regulations shall be as set forth in this Part
and as set forth in Tables I, II, and III which are the Residential Use and
Bulk Tables.
For interpretation of the use and bulk tables see Section 3.3.4. "USE AND
BULK TABLES"
4.2.2
TABLE I
"RR" RURAL RESIDENTIAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits may
be required from either the Highway Traffic
Board or Manitoba Transportation and
government Services.
b The minimum side yard on the street side of
a corner or reversed corner site shall be 75
feet, except as noted above, with permitted
projections adjusted accordingly.
c The minimum separation distance between
a dwelling and a livestock building shall be 50
feet, whether on the same site or an adjacent
site.
d The minimum standards for parking lots and
parking spaces are depicted in Subsection
3.3.22 herein.
e Apiaries, beehives and/or bee keeping are
not permitted in any residential zone
MINIMUM REQUIREMENTS (n/a means not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES e
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet) b
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet) c
NO. OF
PARKING
SPACES
REQUIRED d
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Accessory buildings, structures and
uses, including boathouses, but except
livestock buildings and animal shelters
and except fabric covered buildings
and structures.
n/a
n/a
I25 a
25 b
25 a
n/a
10 c
n/a
15%
30
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses, 1
identification sign having a
sign surface area not
exceeding 16 sq. ft. in each
sign surface area to a
maximum height of 8 ft.
above grade.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted
Dwellings, single family including
factory built houses (see conditional
use table for dwelling with livestock)
(By-law 1-07)
2
200
I25 a
25 b
25 a
800
10 c
1 d
10%
30
Fences
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
6
Home day care as defined herein
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Home occupations as defined herein
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Market gardening, greenhouse when
accessory to a residential use
n/a
n/a
I25 a
25 b
25 a
n/a
10 c
2 d
Included with
15% for
accessory use
30
Playgrounds, tot lots, public reserve,
public walkway, public park
n/a
n/a
I25 a
25 b
25 a
n/a
10 c
n/a
10%
30
Permitted
projections
from
dwellings
and other
principal
buildings on
site
Chimneys, eaves and
fire escapes
n/a
n/a
120 a
20 b
15 a
n/a
10 c
n/a
n/a
n/a
Open, unenclosed
stairways and
balconies (no roof or
walls)
n/a
n/a
115 a
15 b
15 a
n/a
10 c
n/a
n/a
n/a
Open, unenclosed
porches, decks and
platforms at or below
level of first floor.
n/a
n/a
100 a
15 b
15 a
n/a
n/a except as
per fire code
n/a
n/a
n/a
Guest quarters, detached as defined
herein
(By-law 3-05)
n/a
n/A
30 b
5
15 b
25
200 min.
400 max.
10 to a dwelling
6 to an
accessory
buiding
1 per d
detached guest
quarters
Included with
site coverage
for cottage
dwelling
15
4.2.2
TABLE I (cont'd)
"RR' RURAL RESIDENTIAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits may
be required from either the Highway Traffic
Board or Manitoba Transportation and
government Services.
b The minimum side yard on the street side of
a corner or reversed corner site shall be 75
feet, except as noted above, with permitted
projections adjusted accordingly.
c The minimum separation distance between
a dwelling and a livestock building shall be 50
feet, whether on the same site or an adjacent
site.
d The minimum standards for parking lots and
parking spaces are depicted in Subsection
3.3.22 herein.
e Apiaries, beehives and/or bee keeping are
not permitted in any residential zone
MINIMUM REQUIREMENTS (N/A means not applicable)
MAXIMUM REQUIREMENTS
CONDITIONAL USES e
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet) b
REAR
YARD
(feet) a
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet) c
NO. OF
PARKING
SPACES
REQUIRED d
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Boarding houses and bed and breakfast
as defined herein
2
200
125 a
25 b
25 a
800
10 c
1 plus 1 for
each guest
room or suite d
10%
30
PERMITTED SIGNS
1 identification sign per
dwelling unit, not
exceeding 8 sq. ft. in
surface area and, if free
standing not exceeding a
height of 8 ft. above grade.
Signs are not permitted to
be attached to the roof of
a dwelling.
For all other uses, 1
identification sign having a
sign surface area not
exceeding 16 sq. ft. in
each sign surface area to
a maximum height of 8 ft.
above grade.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted
Churches, church halls, chapels and
similar religious institutions
2
200
125 a
25 b
25 a
n/a
10 c
1 for every 5
person seating
capacity d
10%
45
Group day care when accessory and
within a building containing another
permitted or conditional use
n/a
n/a
n/a
n/a
n/a
n/a
n/a
1 plus 1 for
each employee
d
Included with
main building
30
Home business, as defined herein
n/a
n/a
125 a
25 b
25 a
n/a
10 c
1 plus 1 for
each employee
d
Included with
residence and
accessory
buildings
30
Kennels when accessory to a permitted
residential use
n/a
n/a
125 a
25 b
25 a
n/a
10 c
1 plus 1 for
each employee
d
Included with
accessory
buildings
30
Fabric covered accessory buildings and
structures.
n/a
n/a
125 a
25 b
25 a
n/a
10 c
n/a
Private stables or animal shelters for
the keeping of hobby livestock, when
accessory to and on the same site as a
residential use
5
300
125 a
50 b
50 a
n/a
10 to an
accessory bldg.
50 to a dwelling
c
n/a
30
Residential care facilities, including care
homes for the elderly and group homes
for the mentally ill or handicapped
2
200
125 a
25 b
25 a
n/a
10 c
1 for every 4
residents plus 1
for each
employee at
maximum shift d
15%
30
Senior citizen home
2
200
125 a
25 b
25 a
400 per
unit or
suite
10 c
1 for every 4
residents plus 1
for each
employee at
maximum shift d
15%
30
Guest quarters, detached as defined
herein, greater than 400 sq. ft. in floor
area
(By-law 3/05)
n/A
n/A
30 b
5
15 b
25
n/a
10 to a dwelling
6 to an
accessory
building
1 per d
detached guest
quarters
Included with
site coverage
for cottage
dwelling
15
Mobile homes
(By-law 1-07
2
200
125
25
25
800
10
1
10%
30
4.2.3
TABLE II
"RG" GENERAL RESIDENTIAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits
may be required from either the Highway
Traffic Board or Manitoba Transportation
and government Services.
b Except as noted above, the minimum side
yard shall be 15 feet on the street side of a
corner or reversed corner site
Where there is no attached garage or
carport or public lane to the rear or side of
the site, one side yard shall be a minimum of
15 feet.
In the case of an unserviced site of 20,000
sq. ft. or greater, one side yard shall be a
minimum of 60 feet so as to provide for
future subdivision in the event of servicing.
c The greater distance shall apply on the
street side of a reversed corner site, except
for an accessory building or structure, in
which case the greater distance shall only
apply on the street side of a reversed corner
site.
d The minimum standards for parking lots
and parking spaces are depicted in
Subsection 3.3.22 herein.
e Barbed wire, razor wire and electrified
fences are prohibited in the "RG" Residential
Zone.
f Sewage disposal on unserviced sites is
restricted to pump out holding tanks only, as
per Subsection 3.5 herein.
g 10,000 sq. ft. (serviced) and 40,000 sq. ft.
(unserviced) for the first 4 units plus 1,000
sq. ft. for each additional one bedroom unit,
plus 1,500 sq. ft. for each two bedroom unit,
plus 2,000 sq. ft. for each three bedroom
unit.
h Apiaries, beehives and/or bee keeping are
not permitted in any residential zone
MINIMUM REQUIREMENTS (n/a means not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES h
SITE
AREA
(sq. ft.)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet )
REAR
YARD
(feet) a
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet)
NO. OF
PARKING
SPACES
REQUIRED
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Accessory buildings, structures and
uses, including boathouses, except
fabric covered buildings and structures.
n/a
n/a
30 a
2
15 c
2 a
n/a
10
n/a
15%
15
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses, 1
identification sign having a
sign surface area not
exceeding 16 sq. ft. in each
sign surface area to a
maximum height of 8 ft.
above grade.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted
Dwelling, single family
including factory built
houses
(By-law 1-07)
With
municipal
sewer
7,500
75
30 a
5
15 b
25 a
800
10
1
30%
30
Without
municipal
sewer f
20,000 f
150
30 a
5
60 b
25 a
800
10
1
30%
30
Fences, except barbed wire, razor wire
and electrified e
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
3.5 front
yard
6 rear
yard
Home day care as defined herein
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Home occupations as defined herein
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Playgrounds, tot lots, public reserve,
public walkway, public park
n/a
n/a
30 a
5
15 b
5 a
15 a
n/a
10
n/a
30%
30
Permitted
projections
from dwellings
and other
principal
buildings on
site
Chimneys, eaves and
fire escapes
n/a
n/a
26 a
3
12 c
22 a
n/a
10
n/a
n/a
n/a
Open, unenclosed
stairways and
balconies (no roof or
walls)
n/a
n/a
26 a
3
12 c
22 a
n/a
10
n/a
n/a
n/a
Open, unenclosed
porches, decks and
platforms at or below
level of first floor.
n/a
n/a
20 a
3
12 c
15 a
n/a
n/a except as
required by fire
code
n/a
n/a
n/a
Guest quarters, detached as defined
herein
(By-law 3-05)
n/A
n/A
30 a
5
15 b
25
n/a
10 to a dwelling
6 to an
accessory
building
1 per d
detached guest
quarters
Included with
site coverage
for cottage
dwelling
15
4.2.3
TABLE II (cont'd)
"RG" GENERAL RESIDENTIAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits
may be required from either the Highway
Traffic Board or Manitoba Transportation
and government Services.
b Except as noted above, the minimum side
yard shall be 15 feet on the street side of a
corner or reversed corner site
Where there is no attached garage or
carport or public lane to the rear or side of
the site, one side yard shall be a minimum of
15 feet.
In the case of an unserviced residential site
of 20,000 sq. ft. or greater, one side yard
shall be a minimum of 60 feet so as to
provide for future subdivision in the event of
servicing.
c The greater distance shall apply on the
street side of a reversed corner site, except
for an accessory building or structure, in
which case the greater distance shall only
apply on the street side of a reversed corner
site.
d The minimum standards for parking lots
and parking spaces are depicted in
Subsection 3.3.22 herein.
e Barbed wire, razor wire and electrified
fences are prohibited in the "RG" Residential
Zone.
f Sewage disposal on unserviced sites is
restricted to pump out holding tanks only, as
per Subsection 3.5 herein.
g 10,000 sq. ft. (serviced) and 40,000 sq.
ft. (unserviced) for the first 4 units plus 1,000
sq. ft. for each additional one bedroom unit,
plus 1,500 sq. ft. for each two bedroom unit,
plus 2,000 sq. ft. for each three bedroom
unit.
h Apiaries, beehives and/or bee keeping are
not permitted in any residential zone
MINIMUM REQUIREMENTS (n/a means not applicable)
MAXIMUM REQUIREMENTS
CONDITIONAL USES h
SITE
AREA
(sq. ft.)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet) b
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet)
NO. OF
PARKING
SPACES
REQUIRED d
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Churches, church halls, chapels and
similar religious institutions
40,000
200
30 a
15
25
n/a
10
1 for every
5 person seating
capacity d
30%
45
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses, 1
identification sign having a
sign surface area not
exceeding 16 sq. ft. in each
sign surface area to a
maximum height of 8 ft.
above grade.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted
Dwelling, two-family,
including two-family
factory built house
Boarding houses, and
bed and breakfast as
defined herein
With
municipal
sewer
7,500
75
30 a
5
15 b
25
800
per unit
10
1 per unit plus 1
per
guest room or
suite for boarding
house and bed
and breakfast d
40%
30
Without
municipal
sewer f
20,000
150
30 a
5
60 b
25
800
per unit
10
30%
30
Dwellings, multiple-
family including Senior
citizen home
With
municipal
sewer
10,000 sq.
ft. for the
first 4 units
g
75
30 a
15
25
600
per unit
and
400 per
unit for
senior
citizen
units
10
1.5 per dwelling
unit and
1 for every 4
senior citizen
unitsd
40%
30
Without
municipal
sewer f
40,000 sq. ft.
for the first 4
units g
200
30 a
15
25
10
40%
30
Group day care as defined herein when
conducted within a building containing
another conditional use, except in a
single or two-family residence
n/a
n/a
n/a
n/a
n/a
n/a
n/a
1 plus 1 for
each employee
at maximum
shift d
Included with
main buildings
n/a
Home business, as defined herein
(Note: Special Provisions for Lot 19,
Block 1, Plan 32315 on Map 11-31)
n/a
n/a
30 a
15
25
n/a
10
Incl. with
residence and
accessory
building
30
Kennels when accessory to a permitted
residential use
n/a
n/a
30 a
15
25
n/a
10
Fabric covered accessory buildings and
structures
n/a
n/a
30 a
15
25
n/a
10
n/a
30
Residential care facilities, including care
homes for the elderly and group homes
for the mentally ill or handicapped
40,000
200
30 a
15
25
n/a
10
1 for every 4
residents plus
one for each
employee at
maximum shift d
50%
30
Guest quarters, detached as defined
herein, greater than 400 sq. ft. in floor
area
(By-law 3-05)
n/A
n/A
30 a
5
15 b
25
n/a
10 to a dwelling
6 to an
accessory
building
1 per d
detached guest
quarters
Incuded with
site coverage
for cottage
dwelling
15
Mobile homes
(By-law 1-07)
With municipal
sewer
7,500
75
30
5
15
25
800
10
1
30%
30
Without municipal
sewer
20,000
150
30
5
60
25
800
10
1
30%
30
Planned unit development for residential
purposes
40,000
200
As approved by Council in accordance with Subsection 4.2.2
4.2.4
TABLE III
"RMH" RESIDENTIAL MOBILE HOME ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits
may be required from either the Highway
Traffic Board or Manitoba Transportation
and government Services.
b Except as noted above, the minimum side
yard shall be 15 feet on the street side of a
corner or reversed corner site
Where there is no attached garage or
carport or public lane to the rear or side of
the site, one side yard shall be a minimum of
15 feet.
In the case of an unserviced site of 20,000
sq. ft. or greater, one side yard shall be a
minimum of 60 feet so as to provide for
future subdivision in the event of servicing.
c The greater distance shall apply on the
street side of a reversed corner site, except
for an accessory building or structure, in
which case the greater distance shall only
apply on the street side of a reversed corner
site.
d The minimum standards for parking lots
and parking spaces are depicted in
Subsection 3.3.22 herein.
e Barbed wire, razor wire and electrified
fences are prohibited in the "RMH"
Residential Mobile Home Zone.
f Sewage disposal on unserviced sites is
restricted to pump out holding tanks only, as
per Subsection 3.5 herein.
g Apiaries, beehives and/or bee keeping are
not permitted in any residential zone
MINIMUM REQUIREMENTS (n/a means not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES g
SITE
AREA
(sq. ft.)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet )
REAR
YARD
(feet) a
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet)
NO. OF
PARKING
SPACES
REQUIRED
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Accessory buildings, structures and
uses, including boathouses, except
fabric covered buildings and structures.
n/a
n/a
30 a
2
15 c
2 a
n/a
10
n/a
15%
15
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses, 1
identification sign having a
sign surface area not
exceeding 16 sq. ft. in each
sign surface area to a
maximum height of 8 ft.
above grade.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted
Mobile home dwelling
and factory built houses
With
municipal
sewer
7,500
75
30 a
5
15 b
15 a
800
10
1
30%
30
Without
municipal
sewer f
20,000 f
100
30 a
5
60 b
15 a
800
10
1
30%
30
Fences, except barbed wire, razor wire
and electrified e
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
3.5 front
yard
6 rear
yard
Home day care as defined herein
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Home occupations as defined herein
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Playgrounds, tot lots, public reserve,
public walkway, public park
n/a
n/a
30 a
5
15 b
5 a
15 a
n/a
10
n/a
30%
30
Permitted
projections
from dwellings
and other
principal
buildings on
site
Chimneys, eaves and
fire escapes
n/a
n/a
26 a
3
12 c
12 a
n/a
10
n/a
n/a
n/a
Open, unenclosed
stairways and
balconies (no roof or
walls)
n/a
n/a
26 a
3
12 c
12 a
n/a
10
n/a
n/a
n/a
Open, unenclosed
porches, decks and
platforms at or below
level of first floor.
n/a
n/a
20 a
3
12 c
10 a
n/a
n/a except as
required by fire
code
n/a
n/a
n/a
4.2.4
TABLE III (cont'd)
"RMH" RESIDENTIAL MOBILE HOME ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits
may be required from either the Highway
Traffic Board or Manitoba Transportation
and government Services.
b Except as noted above, the minimum side
yard shall be 15 feet on the street side of a
corner or reversed corner site
Where there is no attached garage or
carport or public lane to the rear or side of
the site, one side yard shall be a minimum of
15 feet.
In the case of an unserviced residential site
of 20,000 sq. ft. or greater, one side yard
shall be a minimum of 60 feet so as to
provide for future subdivision in the event of
servicing.
c The greater distance shall apply on the
street side of a reversed corner site, except
for an accessory building or structure, in
which case the greater distance shall only
apply on the street side of a reversed corner
site.
d The minimum standards for parking lots
and parking spaces are depicted in
Subsection 3.3.22 herein.
e Barbed wire, razor wire and electrified
fences are prohibited in the "RMH"
Residential Mobile Home Zone.
f Sewage disposal on unserviced sites is
restricted to pump out holding tanks only, as
per Subsection 3.5 herein.
g Apiaries, beehives and/or bee keeping are
not permitted in any residential zone.
MINIMUM REQUIREMENTS (N/A means not applicable)
MAXIMUM REQUIREMENTS
CONDITIONAL USES g
SITE
AREA
(sq. ft.)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet)
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet)
NO. OF
PARKING
SPACES
REQUIRED d
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Fabric covered accessory buildings and
structures.
n/a
n/a
30 a
2
15 c
2 a
n/a
10
n/a
15%
15
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses, 1
identification sign having a
sign surface area not
exceeding 16 sq. ft. in each
sign surface area to a
maximum height of 8 ft.
above grade.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted
Churches, church halls, chapels and
similar religious institutions
40,000
200
30 a
15
25
n/a
10
1 for every 5
person seating
capacity d
30%
45
Group day care as defined herein when
accessory to a mobile home park
development
n/a
n/a
n/a
n/a
n/a
n/a
n/a
1 plus 1 for
each employee
Planned unit development for single-
family factory built houses
80,000
200
As approved by Council in accordance with Subsection 4.4.4 herein.
Mobile home park
(The requirements shown in this row are
for the mobile home park and not
individual mobile home spaces within
the park.)
80,000
200
30 a
15
30 c
15
n/a
10
1 within d each
mobile home
space
n/a
30
SITING REQUIREMENTS WITHIN MOBILE HOME PARKS
Minimum area of mobile home space ...............................................................
Minimum width of mobile home space .............................................................
Minimum depth of mobile home space .............................................................
Minimum side-to-side clearance between mobile homes.......................................
Minimum end-to-end clearance between mobile homes.......................................
Minimum clearance from accessory buildings to mobile home..............................
Minimum width of road right-of-way..................................................................
Minimum width of road surface........................................................................
Minimum Front Yard (as measured from road right of way)
Minimum clearance between any mobile home and any local residential street, not
within the mobile home park property boundaries shall be.............
Minimum mobile home dwelling unit area..........................................................
Maximum density of mobile home park.............................................................
Maximum area and height of permitted additions................................................
Maximum number of mobile homes per mobile home space.................................
FOR MOBILE HOME APPLICATION AND GENERAL REQUIREMENTS FOR ALL MOBILE HOMES, SEE SUBSECTIONS
4.3.5 TO 4.3.7 FOLLOWING.
5,000 sq. ft.
50 feet
100 feet
15 feet
20 feet
10 feet
40 feet
24 feet
30 feet
30 feet
600 sq. ft.
6 mobile homes per acre
250 sq. ft. and not to exceed height of mobile home
1
4.2.5
MOBILE HOMES - GENERAL REQUIREMENTS
(a)
No person shall place, or cause to be placed, a mobile home within
the R. M. of Lac du Bonnet and used as a dwelling unless it
complies with requirements in the R.M. of Lac du Bonnet Trailer
By-law and the provisions of this by-law. Temporary uses as
provided for herein are excepted from this requirement.
(b)
All mobile homes located within the R.M. of Lac du Bonnet shall
meet all building standards required by the "Canadian Standards
Association (C.S.A.) Mobile Home Structural Standards" contained
within the Z240 series and all revisions thereto and shall comply
with all residential standards under The Manitoba Building Code;
(c)
There shall not be more than one mobile home per zoning site or
mobile home space.
(d)
A mobile home, when located permanently on a mobile home site
or mobile home space, shall:
(i)
Be connected to municipal sewer and water services when
such services are adjacent to the site;
(ii)
Be connected to a private sewage disposal system installed
in accordance with this by-law and provincial regulations
where there are no municipal water and sewer services
adjacent to the site;
(iii)
Placed upon a permanent foundation or concrete pad and
anchored to said foundation or pad in accordance with
C.S.A. Mobile Home Structural Standards Z240.1 and
amendments thereto;
(iv)
Be connected to the hydro system with an approved
electrical service outlet.
(e)
All additions, structures and buildings such as breezeways,
carports, cabanas, porches, private garages, summer kitchens and
storage facilities to be attached to a mobile home shall be
constructed in accordance with the Manitoba Building Code and be
painted or pre-finished and maintained so as to complement the
main structure.
(f)
All mobile homes shall be provided with skirting extending from the
bottom of the mobile home to the ground having adequate
ventilation and a readily accessible, removable panel giving access
to service connections.
(g)
Factory Built Houses, as defined herein, shall be permitted to
located on any mobile home site or space, subject to all other
applicable requirements.
4.2.6
MOBILE HOME PARKS - REQUIREMENTS
In addition to the preceding general requirements for mobile homes, the
following requirements shall apply to all mobile home parks established
within the R.M. of Lac du Bonnet as provided for in this By-law.
(a)
No person shall construct, operate or maintain a mobile home park
without first having registered the parks as set forth in the R.M. of
Lac du Bonnet Trailer By-law.
(b)
An application to develop a mobile home park may be filed with the
Development Officer by the owner or his agent of the proposed
mobile home park.
(c)
The Development Officer shall review the plans for compliance and
forward same, with a recommendation, to the Council for approval.
A development permit and/or licence for placement of a mobile
home or factory built home shall not be issued until Council has
approved the plans.
(d)
An application for a mobile home park shall be in writing,
accompanied by the following information:
(i)
The name and address of the applicant or the applicants;
(i)
The location, the legal description of the property and size
of the proposed mobile home park;
(ii)
Detailed, scaled drawings of the proposed mobile home
park, drawn at a scale of 1 inch equals 100 feet (1:1200
metric) or greater, with appropriate measurements, numbers
and annotations, depicting the following:
-
All mobile home spaces (appropriately numbered),
playgrounds, open space, service and utility areas;
-
All proposed roadways and/or driveways, including the
type of road surface and the location and means of
vehicular and pedestrian access;
-
The size, the shape and the number of the mobile home
sites;
-
The type of pad and on-site parking surface;
-
The drainage facilities for surface water in the area;
-
The location of all proposed sanitary conveniences,
garbage storage and service buildings;
-
The proposed design and method for on-site water
distribution and sewage collection and for connection to
the municipal systems;
-
The design and location of hydro, telephone and gas
lines, and street lighting;
-
The fire protection for the area;
-
The relationship of each mobile home site to
neighbouring buildings and to the limits of the property
within which the mobile home site is located; and
-
The intended use of each mobile home.
(e)
Each mobile home space shall be clearly marked by corner posts
or other satisfactory means and identified by a numbered sign;
(f)
Identification names shall be given to the mobile home park and the
internal roads within the mobile home park. Signs in this respect
shall be posted at suitable locations on the site.
(g)
Every mobile home park shall have provision for the storage of
refuse, garbage and debris in a sanitary manner in a location
readily accessible to all mobile homes but not more than 500 feet
from any mobile home, or by other means acceptable;
(h)
Service buildings shall be centrally located and not further than 500
feet from any dependant mobile home;
(i)
All roadways within the mobile home park shall be graveled or hard
surfaced and properly maintained, and be properly illuminated by
lighting units;
(j)
A separate open area for such purposes as a children's playground
or sports field shall be provided on the basis of 200 square feet per
mobile home space or a minimum of 5,000 square feet, whichever
is greater;
(k)
Within a mobile home park, all permitted additions shall not exceed
the floor area and height of the mobile home to which it is attached.
For the purposes of compliance with clearance and setback
requirements, additions shall be considered as being part of the
mobile home;
(l)
Tanks for the storage of fuel oil and propane shall be concealed
from view by appropriate screening or plantings and all areas not
occupied by mobile home pads, mobile homes, buildings, roadways
walkways and parking areas shall be sodded or seeded with grass
and landscaped with suitable trees and shrubbery; and
(m)
All mobile homes within a mobile home park shall be serviced with
by municipal water and sewer, where available, or by individual
pump out holding tanks and/or a common sewer and water system
provided by the mobile home park owner.
4.2.7
SPECIAL PROVISIONS - EXISTING MOBILE HOME PARK
DEVELOPMENT
(a)
Mobile home parks lawfully existing at the effective date of this by-
law and which do not meet the requirements of this by-law, have
non-conforming rights as provided herein. Subject to the
requirements of the R.M. of Lac du Bonnet Trailer By-law, a mobile
home park lawfully existing at the effective date of this by-law may
be redesigned or altered, without the necessity of a variation order,
even though the full requirements of this by-law have not been
complied with, provided that the non-conformity is being decreased
and that the total number of mobile home spaces is decreased.
(b)
Mobile homes used as dwellings, lawfully in existence and located
in the R.M. of Lac du Bonnet at the effective date of this by-law
may be relocated to another site or space approved for mobile
home use by this by-law. Approval to relocate may be refused, if
after an inspection by the development officer and in the opinion of
Council, the mobile home is in a state of disrepair or is otherwise
unfit or unsafe to be occupied as a dwelling.
(c)
Travel trailer spaces located within a mobile home park may,
subject to the R.M. of Lac du Bonnet Trailer By-law, if vacated, may
be occupied by another travel trailer, but may not be occupied by a
mobile home unless the space is made to conform to the
requirements of the Mobile Home Park Use and Bulk Table herein.
(d)
Provincial public health and safety regulations, and provincial
building and fire codes may supercede the provisions of
paragraphs (a), (b) and (c) above.
PART 5
SEASONAL RECREATIONAL ZONES
5.1
GENERAL PROVISIONS FOR SEASONAL RECREATIONAL ZONES
The provisions applying to all seasonal recreation zones are contained
within this part. Also applying to these zones are the provision of Part 1 -
"Definitions", Part 2 - "Administration", Part 3 - "Zoning" and Appendix "A".
5.1.1
ACCESSORY USES FOR SEASONAL AND RECREATIONAL ZONES
In the Seasonal Recreational Zone, accessory uses, buildings and
structures shall be limited to the following:
(a)
A children's playground, garden house, private greenhouse, private
conservatory and private swimming pool, open or enclosed;
(b)
A private garage, carport, covered patio, tool house, shed,
boathouses, dock; and or other similar building or structure;
(c)
Detached guest quarters as defined and regulated herein. There
shall be no more than one guest quarters permitted on any site;
(d)
Incinerators and individual sewage disposal systems subject to the
approval of the authority having jurisdiction;
(e)
Accessory off-street parking areas as regulated in this Part;
(f)
Signs as permitted and regulated in this Part;
(g)
Home occupations, provided that no more than twenty (2) percent
of the combined floor area of the cottage dwelling and its accessory
buildings is devoted to the home occupation;
(h)
Refuse and garbage areas separate from required parking areas;
In the General Seasonal Recreation and Commercial Seasonal
Recreational Zones, accessory uses, buildings and structures shall be
limited to the following:
(a)
For cottage dwelling and factory built home dwelling sites, only
those accessory uses listed in Section 5.1.1 Seasonal Recreational
Zone;
(b)
A dwelling or factory built house when accessory and incidental to
a non-residential, when occupied by the owner, operator or
employee(s) of the principal use on the premises;
(c)
Apartment or dwelling unit when it is part of the principal building of
a non-dwelling permitted use; and
(d)
The production, processing cleaning, servicing, altering, testing,
repair or storage of merchandise normally incidental to a business
and personal service, and mercantile occupancies if conducted by
the same ownership as the principal use and contained within a
completely enclosed building;
(e)
Accessory off-street parking and loading as permitted and
regulated in this Part;
(f)
All accessory uses listed in Section 5.1.1 Seasonal Recreation
Zone.
Fabric covered accessory buildings of canvas, polyethylene, reinforced
polyethylene, Kevlar, nylon or similar material shall be deemed to be a
Conditional Use in all seasonal recreational zones.
(By-law 1-07)
5.2
SEASONAL RECREATION ZONES - USE AND BULK REGULATIONS
5.2.1
The recreational use and bulk regulations shall be as set forth in this
part and as set forth in Tables IV, V and VI, which are the Seasonal
Recreation Use and Bulk Tables. For interpretation of the use and
bulk tables see Section 3.3.4. "USE AND BULK TABLES".
5.2.2
TABLE IV
"SR" SEASONAL RECREATIONAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road may
be 125 feet or 250 feet and permits may be
required from either the Highway Traffic Board or
Manitoba
Transportation
and
government
Services.
b Except as noted above, the minimum side yard
shall be 15 feet on the street side of a corner or
reversed corner site
Where there is no attached garage or carport or
public lane to the rear or side of the site, one side
yard shall be a minimum of 15 feet.
c The greater distance shall apply on the street
side of a reversed corner site, except for an
accessory building or structure, in which case the
greater distance shall only apply on the street side
of a reversed corner site.
d The minimum standards for parking lots and
parking spaces are depicted in Subsection 3.3.22
herein.
e Barbed wire, razor wire and electrified fences
are prohibited in the "SR" Seasonal Recreation
Zone.
f Sewage disposal on unserviced sites is restricted
to pump out holding tanks or pit privies only, as
per Subsection 3.5 herein.
g Apiaries, beehives and/or bee keeping are not
permitted in any seasonal recreational zone
MINIMUM REQUIREMENTS (n/a means not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES g
SITE
AREA
(sq. ft.)
SITE
WIDTH
(feet)
FRONT
YARD a
(feet)
SIDE
YARD
(feet) b c
REAR
YARD
(feet) b
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet)
NO. OF
PARKING
SPACES
REQUIRED d
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Accessory buildings, structures and
uses, including boathouses, except
fabric covered buildings and structures.
n/a
n/a
30 a
2
15 c
2
n/a
10
n/a
10 % to max of
3 accessory
bldgs. inc.
garage
15
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses:
1 free standing identification
sign having a sign surface
area not exceeding 16 sq.
ft. in each sign surface area
to a maximum height of 8 ft.
above grade.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
Cottage dwelling, single-family, including
Factory built house
20,000 f
100
30 a
5
15 b
25
800
10
1 per d dwelling
unit
20%
30
Guest quarters, Detached as defined
herein
n/a
n/a
30 a
5
15 b
25
200 min.
400 max.
10 to a dwelling
6 to an
accessory
building
1 per d
detached guest
quarters
Included with
site coverage
for cottage
dwelling
15
Home Occupations as defined herein
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Fences, except barbed wire, razor wire
and electrified e
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
6
3.5 (front
yard)
Playgrounds, tot lots, public reserves,
public parks
n/a
n/a
125 a
25
25
n/a
10
n/a
n/a
n/a
Permitted
projections
from dwellings
and other
main buildings
on site
Chimneys, eaves and
fire escapes
n/a
n/a
25 a
10
20 c
20
n/a
n/a
n/a
n/a
n/a
Open, unenclosed
stairways and
balconies(no roof)
n/a
n/a
25 a
10
20 c
20
n/a
n/a
n/a
n/a
n/a
Open unenclosed
porches, decks and
platforms at or below
level of first floor
n/a
n/a
20 a
5
15 c
15
n/a
n/a
n/a
n/a
n/a
5.2.2
TABLE IV (cont'd)
"SR" SEASONAL RECEATIONAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits
may be required from either the Highway
Traffic Board or Manitoba Transportation
and government Services.
b Except as noted above, the minimum side
yard shall be 15 feet on the street side of a
corner or reversed corner site
Where there is no attached garage or
carport or public lane to the rear or side of
the site, one side yard shall be a minimum of
15 feet.
c The greater distance shall apply on the
street side of a reversed corner site, except
for an accessory building or structure, in
which case the greater distance shall only
apply on the street side of a reversed corner
site.
d The minimum standards for parking lots
and parking spaces are depicted in
Subsection 3.3.22 herein.
e Barbed wire, razor wire and electrified
fences are prohibited in the "SR" Seasonal
Recreation Zone.
f Sewage disposal on unserviced sites is
restricted to pump out holding tanks or pit
privies only, as per Subsection 3.5 herein.
g Apiaries, beehives and/or bee keeping are
not permitted in any seasonal recreational
zone
MINIMUM REQUIREMENTS
MAXIMUM REQUIREMENTS
CONDITIONAL USES g
SITE
AREA
(sq. ft.)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet)
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet)
NO. OF
PARKING
SPACES
REQUIRED
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Churches, church halls, chapels and
similar religious institutions
40,000 f
200
30 a
15
25 a
N/A
N/A
1 for every 4
persons
seating and
hall capacity
40
45
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses:
1 free standing identification
sign having a sign surface
area not exceeding 16 sq.
ft. in each sign surface area
to a maximum height of 8 ft.
above grade.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
Guest quarters, Detached as defined
herein, greater than 400 sq. ft. in floor
area.
n/a
n/a
30 a
5
15 b
25
N/A
10 to a dwelling
6 to an
accessory
building
1 per d
detached
guest quarters
Included with
site coverage
for cottage
dwelling
15
Fabric covered accessory buildings and
structures.
n/a
n/a
30 a
2
15 c
2
n/a
10
n/a
10 % to max of
3 accessory
bldgs. inc.
garage
15
5.2.3
TABLE V
"SRG" GENERAL SEASONAL RECREATIONAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits may be
required from either the Highway Traffic Board or
Manitoba
Transportation
and
government
Services.
b Except as noted above, the minimum side
yard shall be 15 feet on the street side of a
corner or reversed corner site
Where there is no attached garage or carport or
public lane to the rear or side of the site, one
side yard shall be a minimum of 15 feet.
c The greater distance shall apply on the street
side of a reversed corner site, except for an
accessory building or structure, in which case
the greater distance shall only apply on the
street side of a reversed corner site.
d The minimum standards for parking lots and
parking spaces are depicted in Subsection
3.3.22 herein.
e Barbed wire, razor wire and electrified fences
are prohibited in the "SR" Seasonal Recreation
Zone.
f Sewage disposal on unserviced sites is
restricted to pump out holding tanks or pit privies
only, as per Subsection 3.5 herein.
g Apiaries, beehives and/or bee keeping are not
permitted in any seasonal recreational zone
MINIMUM REQUIREMENTS (n/a means not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES g
SITE
AREA
(sq. ft.)
SITE
WIDTH
(feet)
FRONT
YARD a
(feet)
SIDE
YARD
(feet)
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet)
NO. OF
PARKING
SPACES
REQUIRED d
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Accessory buildings, structures and
uses, including boathouses, except
fabric covered accessory buildings and
structures.
n/a
n/a
30 a
2
15 c
2
n/a
10
n/a
10 % to max of
3 accessory
bldgs. inc.
garage
15
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses (except
conditional uses):
1 free standing identification
sign having a sign surface
area not exceeding 16 sq.
ft. in each sign surface area
to a maximum height of 8 ft.
above grade.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
Accessory dwellings as per
5.1.1(b) and (c)
n/a
n/a
30 a
5
15 b
25
800
10
1 per d dwelling
unit
20%
30
Cottage dwelling, single-family, including
Factory built house
(By-law 1-07)
20,000 f
100
30 a
5
15 b
25
800
10
1 per d dwelling
unit
20%
30
Guest quarters, detached as defined
herein
n/a
n/a
30 a
5
15 b
25
200 min.
400 max.
10 to a dwelling
6 to an
accessory
building
1 per d
detached guest
quarters
Included with
site coverage
for cottage
dwelling
15
Home Occupations as defined herein
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Fences, except barbed wire, razor wire
and electrified e
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
6
3.5 (front
yard)
Playgrounds, tot lots, public reserves,
public parks
n/a
n/a
30 a
25
25
n/a
10
n/a
n/a
n/a
Permitted
projections
from dwellings
and other
main buildings
on site
Chimneys, eaves and
fire escapes
n/a
n/a
25 a
10
20 c
20
n/a
n/a
n/a
n/a
n/a
Open, unenclosed
stairways and
balconies(no roof)
n/a
n/a
25 a
10
20 c
20
n/a
n/a
n/a
n/a
n/a
Open unenclosed
porches, decks and
platforms at or below
level of first floor
n/a
n/a
20 a
5
15 c
15
n/a
n/a
n/a
n/a
n/a
Mobile homes situated on land parcels
created within Plan #23753, Plan
#37290, Plan #25826, Plan #11920, and
Plan #14530 as well as those described
under Certificates of Title #1503577
(By-law No.
20,000
100
30
5
15
25
800
10
1 per dwelling
unit
20%
30
5.2.3
TABLE V (cont'd)
"SRG" GENERAL SEASONAL RECREATIONAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits may be
required from either the Highway Traffic Board or
Manitoba
Transportation
and
government
Services.
b Except as noted above, the minimum side
yard shall be 15 feet on the street side of a
corner or reversed corner site
Where there is no attached garage or carport or
public lane to the rear or side of the site, one
side yard shall be a minimum of 15 feet.
c The greater distance shall apply on the street
side of a reversed corner site, except for an
accessory building or structure, in which case
the greater distance shall only apply on the
street side of a reversed corner site.
d The minimum standards for parking lots and
parking spaces are depicted in Subsection
3.3.22 herein.
e Barbed wire, razor wire and electrified fences
are prohibited in the "SR" Seasonal Recreation
Zone.
f Sewage disposal on unserviced sites of less
than 2 acres is restricted to pump out holding
tanks or pit privies only, as per Subsection 3.5
herein.
g Apiaries, beehives and/or bee keeping are not
permitted in any seasonal recreational zone
MINIMUM REQUIREMENTS
MAXIMUM REQUIREMENTS
CONDITIONAL USES g
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet) b
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE (ft.)
NO. OF
PARKING
SPACES
REQUIRED d
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Churches, church halls, chapels and
similar religious institutions
1 f
200
30 a
15
25 a
n/a
10
1 for every d 5
persons seating
and hall capacity
40%
45
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all conditional uses:
1 free standing
identification sign having a
sign surface area not
exceeding 32 sq. ft. in each
sign surface area to a
maximum height of 12 ft.
above grade.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
Club, private, non profit and recreational
1 f
200
30
15
25
n/a
10
1 for every d 4
persons seating
and hall capacity
40%
30
Convenience store and/or restaurant
operated in conjunction with another
conditional use.
1 f
200
30
15
25
n/a
10
1 space for
every 500 sq. ft.
sales area d
Included with
principal use
30
Fabric covered accessory buildings and
structures.
n/a
n/a
30 a
2
15 c
2
n/a
10
n/a
10 %
15
Cabins for rental purposes
2
200
Same requirements as for Travel trailer parks and Tourist camps
Guest quarters, Detached as defined
herein, greater than 400 sq. ft. in floor
area.
n/a
n/a
30
5
15 b
25
n/a
10
1 per d
detached
guest quarters
Included with
principal use
15
Home business as defined herein
n/a
n/a
30
15
25
n/a
10
1 plus 1 for each
employee d
Included with
principal use
30
Marinas, including fuel sales, and sale,
rental and repair of recreational
vehicles, watercraft and watercraft
accessories
2
200
30
15
25
n/a
10
1 for each
docking space
d
40%
30
Mobile homes
(By-law 1-07)
20,000
100
30
5
15
25
800
10
1 per dwelling
unit
20%
30
Mobile home parks
2
200
Same requirements as for Mobile Home Parks as in Table III, Residential Mobile Home Zone, except signs
Travel trailer parks and tourist camps,
including rental cabins
2
200
30
15
25
n/a
10
1
per space d
40%
30
SITING REQUIREMENTS WITHIN TRAVEL TRAILER PARKS AND TOURIST CAMPS (SEE ALSO SUBSECTION 5.3.5 FOLLOWING)
Maximum development density of travel trailer park or tourist camp................
8 Travel trailer, camping unit or cabin spaces per developed acre
Maximum number of travel trailers, camping units or cabins per space.............
1 Travel trailer, camping unit or cabin per space
Minimum and maximum floor area of cabins
...............................................
200 sq. ft. and 20% of site area respectively
Minimum area of each travel trailer, camping unit or cabin space.....................
3,200 sq. ft.
Minimum width of each travel trailer, camping unit or cabin space..................
40 feet
Minimum side to side and end to end clearance between
travel trailer, camping unit or cabin units, including projections............
15 feet
Minimum distance from travel trailer, camping unit, cabin and service building
-to any public roadway.................
30 feet
-to any park boundary .................
15 feet
Minimum number of parking spaces..........................................................
1 parking space on each camping unit, travel trailer or cabin space
Minimum roadway surface and roadway right-of way....................................
18 feet and 30 feet respectively (By-law 19-05)
5.2.4
TABLE VI
"SRC" COMMERCIAL SEASONAL RECREATIONAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits
may be required from either the Highway
Traffic Board or Manitoba Transportation
and government Services.
b Except as noted above, the minimum side
yard shall be 15 feet on the street side of a
corner or reversed corner site
Where there is no attached garage or
carport or public lane to the rear or side of
the site, one side yard shall be a minimum of
15 feet.
c The greater distance shall apply on the
street side of a reversed corner site, except
for an accessory building or structure, in
which case the greater distance shall only
apply on the street side of a reversed corner
site.
d The minimum standards for parking lots
and parking spaces are depicted in
Subsection 3.3.22 herein.
See also loading requirements in Subsection
3.3.21 herein.
e Barbed wire, razor wire and electrified
fences are prohibited in the "SR" Seasonal
Recreation Zone.
f Sewage disposal on unserviced sites is
restricted to pump out holding tanks and/or
pit privies only, as per Subsection 3.5
herein.
g Peak capacity parking requirements for
combine uses, such as a commercial resort
shall be the sum total of parking
requirements for all individual uses on a site.
For example a resort with 60 rooms, 1000
sq.ft. office and admin area, a 40 seat
beverage room, a 300 capacity hall and a 30
slip marina will require:
- hotel
60 spaces
- beverage room
10
- hall
75
- marina
30
- admin
1
TOTAL
176 spaces
MINIMUM REQUIREMENTS (n/a means not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES g
SITE
AREA
(acres.)
(By-law
19-05)
SITE
WIDTH
(feet)
FRONT
YARD a
(feet)
SIDE
YARD
(feet)
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE (Ft)
NO. OF
PARKING
SPACES
REQUIRED d
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Accessory buildings, structures and
uses, including boathouses, except
fabric covered accessory buildings and
structures
n/a
n/a
30 a
2
15 c
2
n/a
10
n/a
10 %
15
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses:
1 free standing identification
or business sign having a
sign surface area not
exceeding 64 sq. ft. in each
sign surface area to a
maximum height of 12 ft.
above grade.
No minimum number or size
restriction on non-dwelling
facia signs.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
Any use listed as a permitted or
conditional use in the "SR" Seasonal
Recreational and "SRG" General
Seasonal Recreational Zones.
The use and bulk requirements for each specific use shall be the same as it would be if said use were located within the "SR" Seasonal Recreational or
"SRG" General Seasonal Recreational Zones. Where said use is located in both zones, with different requirements, the less restrictive requirement shall
apply.
Arenas and curling rinks, including,
accessory restaurant, lounge, and sale
and rental of curling and hockey
equipment and accessories.
2
200
30
25
25
n/a
10
1 for every 4
persons seating
capacity
40%
30
Convenience stores, souvenir shops
and gift shops
1
200
30
25
25
n/a
10
1 for every 500
sq. ft. sales
area
40%
30
Bowing alleys and video arcades and
similar uses
1
200
30
25
25
n/a
10
1 per room,
plus 1 space for
every 1000 sq.
ft. of office or
administrative
floor area, plus
1 space for
every 4
persons
expected to
utilize facility at
peak capacity.
40%
30
Commercial recreational and
entertainment enterprises such as
amusement parks, mini-golf, golf driving
ranges and waterslides.
2
200
30
25
25
n/a
10
40%
30
Golf courses, including clubhouse,
accessory restaurant, lounge, and sale
and rental of golf equipment and
accessories.
40
200
30
25
25
n/a
10
40%
30
Commercial resorts, hotels, motels,
taverns, lounges, nightclubs, dance
halls, and pubs
2
200
30
25
25
n/a
10
40%
30
Permitted
projections
from main
buildings on
site.
For dwelling
sites use SR
and SRG
table
Chimneys, eaves and
fire escapes
n/a
n/a
25 a
20
20
n/a
n/a
n/a
n/a
n/a
Open, unenclosed
stairways and
balconies(no roof)
n/a
n/a
25 a
20
20
n/a
n/a
n/a
n/a
n/a
Open unenclosed
porches, decks and
platforms at or below
level of first floor
n/a
n/a
20 a
15
15
n/a
n/a
n/a
n/a
n/a
5.2.4
TABLE VI (cont'd)
"SRC" SEASONAL RECREATIONAL COMMERCIAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road may
be 125 feet or 250 feet and permits may be
required from either the Highway Traffic Board or
Manitoba
Transportation
and
government
Services.
b Except as noted above, the minimum side yard
shall be 15 feet on the street side of a corner or
reversed corner site
Where there is no attached garage or carport or
public lane to the rear or side of the site, one side
yard shall be a minimum of 15 feet.
c The greater distance shall apply on the street
side of a reversed corner site, except for an
accessory building or structure, in which case the
greater distance shall only apply on the street side
of a reversed corner site.
d The minimum standards for parking lots and
parking spaces are depicted in Subsection 3.3.22
herein.
See also loading requirements in Subsection
3.3.21 herein.
e Barbed wire, razor wire and electrified fences
are prohibited in the "SR" Seasonal Recreation
Zone.
f Sewage disposal on unserviced sites of less
than 2 acres is restricted to pump out holding
tanks and/or pit privies only, as per Subsection 3.5
herein.
g Peak capacity parking requirements for combine
uses, such as a commercial resort shall be the
sum total of parking requirements for all individual
uses on a site. For example a resort with 60
rooms, 1000 sq.ft. office and admin area, a 40
seat beverage room, a 300 capacity hall and a 30
slip marina will require:
- hotel
60 spaces
- beverage room
10
- hall
75
- marina
30
- admin
1
TOTAL
176 spaces
g Apiaries, beehives and/or bee keeping are not
permitted in any seasonal recreational zone
MINIMUM REQUIREMENTS
MAXIMUM REQUIREMENTS
CONDITIONAL USES g
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet) b
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet)
NO. OF
PARKING
SPACES
REQUIRED d
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Automobile service station and gas bar.
1 f
200
30 a
25
25 a
n/a
10
40%
30
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses:
1 free standing identification
or business sign having a
sign surface area not
exceeding 64 sq. ft. in each
sign surface area to a
maximum height of 12 ft.
above grade.
No minimum number or size
restriction on non-dwelling
facia signs.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
Drive in theatre
5 f
200
30
25
25
n/a
10
40%
30
Outdoor Entertainment Facility such as,
but not limited to, Outdoor concert,
Music festival and theatre site.
5 f
200
30
25
25
n/a
10
1 space for every
1000 sq. ft. of
floor area
devoted to office
or administrative
use, plus 1
space for every 4
persons
expected to
utilize facility at
peak capacity, or
1 space for every
1000 sq. ft. of
developed
recreational
space, or a
minimum of 20
spaces,
whichever is the
greater
requirement.
30
Horse Race Tracks.
5 f
n/a
30
25
25
n/a
10
30
Race tracks for automobiles,
motorcycles, snowmobiles, go-carts and
other motorized vehicles.
5 f
200
30
25
25
n/a
10
40%
30
Fabric covered accessory buildings and
structures
n/a
n/a
30 a
2
15 c
2
n/a
10
n/a
10 %
15
5.2.5
GENERAL REQUIREMENTS - TOURIST CAMPS AND TRAVEL
TRAILER PARKS
(a)
No person shall construct, operate or maintain a travel trailer park
or tourist camp without first having obtained approval from the R.M.
of Lac du bonnet and having registered the park or camp with the
Municipality in the prescribed form. The applicant shall provide the
Municipality
with
satisfactory
plans
and
specifications
in
accordance with provisions in the R.M. of Lac du Bonnet Trailer By-
law.
(b)
Tourist Camp may be combined with a Travel Trailer Park as
defined herein.
(c)
Each travel trailer and tourist camp space shall be clearly marked
by corner posts or other satisfactory means and identified by a
numbered sign.
(d)
Every travel trailer park or tourist camp shall have provision for the
storage of refuse, garbage and debris in a sanitary manner in a
location readily accessible to all travel trailers or campers but not
more than 500 feet form any travel trailer or camper, or by other
means acceptable to Council.
(e)
All service buildings within the travel trailer park or tourist camp
shall be property illuminated. Council may require that roadways
be properly illuminated by lighting units where desirable.
(f)
A separate open area for such purpose as a children's playground
or sports field shall be provided on the basis of 200 square feet per
travel trailer space or tourist camps space or a minimum area of
5,000 square feet, whichever is greater.
(g)
Attached structures or buildings such as cabanas, breezeways,
summer kitchens, and similarly built structures shall not be
permitted on travel trailer park or tourist camp spaces. Removable
and portable awnings and screened in porches or gazebos of
canvas or other fabric are permitted.
(h)
Service buildings or structures intended for the common use of
tourist camp or travel trailer park tenants, or for the administration
of these facilities, such as washroom/shower building, office or
store, shall be permitted. A dwelling unit or mobile home shall be
permitted when accessory and incidental to the operation of the
travel trailer park or tourist camp. Such building or structure
including projections shall not be located nearer than a distance of
fifteen (15) feet from the limits of any travel trailer or tourist camp
space.
(i)
An identification name shall be given to each travel trailer park or
tourist camp and posted in a suitable location on the site.
(j)
Every travel trailer park and tourist camp shall have provision for
on-site liquid waste storage facilities in the form of a holding tank
for the use of tenants.
(k)
A mobile home shall not be permitted to locate on a travel trailer or
camping unit space or within a travel trailer park or tourist camp
except as provided for herein.
5.2.6
TRAVEL TRAILER PARKS AND TOURIST CAMPS - USE AND BULK
REGULATIONS
(a)
The use and bulk regulations for travel trailer parks and tourist
camps and for the placing of travel trailers shall be as set forth in
Section 5.2.3, Table V, which contains the Use and Bulk
regulations and siting requirements for Travel Trailer Parks and
Tourist Camps.
5.2.7
SPECIAL PROVISIONS - EXISTING TRAVEL TRAILER PARKS AND
TOURIST CAMPS
(a)
Travel Trailer Parks and Tourist Camps lawfully existing at the
effective date of this by-law and which do not meet the
requirements of this by-law, have non-conforming rights as
provided by Section 2.16 herein. Subject to the requirements of the
R.M. of Lac du Bonnet Trailer By-law, a Travel trailer Park or
Tourist Camp, lawfully existing at the effective date of this by-law,
may be redesigned or altered, without the necessary of a variation
order, even though the full requirements of the by-law have not
been complied with, provided that the non-conformity is being
decreased and that the total number of travel trailer or tourist camp
spaces is not being increased.
(b)
A mobile home space, located within a travel trailer park or tourist
camp and occupied by a mobile home, lawfully in existence at the
effective date of this by-law may, if vacated, subject to the R.M. of
Lac du Bonnet Trailer By-law, be re-occupied by another mobile
home, provided the clearance and set back requirements of
Section 5.3.2, Table V, are complied with.
(c)
Provincial public health and safety regulations, and provincial
building and fire codes may supersede the provisions of paragraph
(a) and (b) above.
PART 6
COMMERCIAL ZONES
6.1
GENERAL PROVISIONS FOR COMMERCIAL ZONES
The provisions applying to all commercial zones are contained within this
Part. Also applying to these districts are the provisions of Part 1 -
Definitions", Part 2 - "Administration", Part 3 - "Zoning" and "Appendix A".
6.1.1
ACCESSORY USES
In the Commercial Zones accessory uses, buildings and structures shall
be limited to the following:
(a)
A single-family apartment or dwelling unit, for the owner, or a
watchman or caretaker and his family, whose presence on the site
is essential at all times, provided that such dwelling unit is part of
the principal building;
(b)
A single- family dwelling unit or factory built house when incidental
to a permitted use; (By-law 1-07)
(c)
A children's playhouse, garden house, private greenhouse,
summer house when incidental to (i) above;
(d)
A private garage, carport, covered patio, tool house, shed or other
similar buildings;
(e)
Incinerators and individual sewage disposal systems subject to the
authority having jurisdiction;
(f)
The production, processing, cleaning, servicing, altering, testing,
repair or storage of merchandise normally incidental to a business
and person service and mercantile occupancies if conducted by the
same ownership as the principal use and contained within a
completely enclosed building;
(g)
Accessory off-street parking and loading areas as permitted and
regulated in this Part;
(h)
Signs as permitted and regulated in this Part; and
6.1.1.1
A mobile home is a conditional use when incidental to a permitted use.
(By-law 1-07)
6.1.2
MULTIPLE USES
Where any land or building is used for more than one purpose, all
provisions of this By-law relating to each use shall be satisfied. Where
there is conflict such as in the case of site area and frontage, the higher or
more stringent requirement shall prevail.
6.1.3
OBNOXIOUS USES
Notwithstanding anything herein contained, no use shall be permitted in
any zone under this Part which may be obnoxious or offensive by reason
of the emission or production of odor, dust, refuse matter, waste, vapour,
smoke, gas, vibration or noise.
6.2
COMMERCIAL ZONES - USE AND BULK REGULATIONS
6.2.1
The Commercial use and bulk regulations shall be as set forth in this Part
and in Table VII, which is the Highway Commercial Use and Bulk Table.
For interpretation of the use and bulk tables see Section 3.3.4. "USE AND
BULK TABLES".
6.2.2
TABLE VII
"HC"
HIGHWAY COMMERCIAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits may be
required from either the Highway Traffic Board or
Manitoba
Transportation
and
government
Services.
b The minimum side yard on the street side of a
corner site shall be the same as the minimum
front yard.
c No footnote c for this table.
d The minimum standards for parking lots and
parking spaces are depicted in subsection 3.3.22
herein. Loading requirements are listed in
subsection 3.3.21 herein.
Parking requirements for combined uses, shall
be the combined requirements for all uses.
Eg. A 1000 sq. ft. convenience store with 40 seat
restaurant and 1000 square ft. service station
with 6 employees will require:
- store
2 spaces
- restaurant
10
- service station
2
-employees
6
TOTAL
20 spaces
MINIMUM REQUIREMENTS (N/A means not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD a
(feet)
SIDE
YARD b
(feet)
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet)
NO. OF
PARKING
SPACES
REQUIRED d
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Accessory buildings, uses and
structures.
n/a
n/a
125
15
15
n/a
10
n/a
10%
30 except
for arenas
and
curling
rinks
PERMITTED SIGNS
1 identification sign per
dwelling unit, not
exceeding 8 sq. ft. in
surface area and, if free
standing not exceeding a
height of 8 ft. above grade.
Signs are not permitted to
be attached to the roof of
a dwelling.
For all other uses: 1 free
standing or rooftop
identification or business
sign having a sign surface
area not exceeding 288
sq. ft. in each sign surface
area to a maximum height
of 30 ft. above grade.
No restriction on number
or size of non-dwelling
facia signs.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
CONDITIONAL USE
SIGNS
Advertising signs
Accessory Dwellings as provided for by
Subsection 6.1.1 herein.
n/a
n/a
800
10
if detached
1 per dwelling
unit
Included with
main building
Automobile service stations, automobile
laundry (car wash) and gas bars
I acre with
municipal
sewer or
pump out
holding
tank.
2 acres if
serviced by
septic field
100 feet
for a 1
acre lot
200 feet
for a two
acre lot
n/a
10
1 space for every
500 sq. ft. of
sales area, plus
1 space for every
4 persons
seating capacity,
plus 1 space for
every 4 persons
hall and
assembly
capacity, plus 1
space for every
1000 sq. ft. of
administrative or
service floor
space, plus I
space for each
employee at
maximum shift
50%
Arenas, curling rinks and sports fields,
including accessory restaurant and
lounge and sale and rental of curling
and hockey equipment and accessories
Automobile, recreational vehicle, mobile
home, travel trailer, watercraft and
implement sales, including service and
repair and outdoor display (not including
outdoor storage of derelict or parts
vehicles, watercraft etc.)
Bus terminal or bus depot
Building supply sales including outdoor
storage, except no storage in front yard
Greenhouse, nursery, and garden
supply sales (excluding bulk fertilizer
storage)
Hotels, motels, beverage rooms,
lounges, private clubs, recreation halls,
bowling alley
Miniature golf and driving ranges
Professional offices and banks
Restaurants, drive in restaurants and
other eating establishments
Retail businesses contained within a
totally enclosed building
Veterinary clinics and animal hospital.
6.2.2
TABLE VII (cont'd)
"HC"
HIGHWAY COMMERCIAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits may be
required from either the Highway Traffic Board or
Manitoba
Transportation
and
government
Services.
b The minimum side yard on the street side of a
corner site shall be the same as the minimum
front yard.
c No footnote c for this table.
d The minimum standards for parking lots and
parking spaces are depicted in subsection 3.3.22
herein. Loading requirements are listed in
subsection 3.3.21 herein.
Parking requirements for combined uses, shall
be the combined requirements for all uses.
Eg. A 1000 sq. ft. convenience store with 40 seat
restaurant and 1000 square ft. service station
with 6 employees will require:
- store
2 spaces
- restaurant
10
- service station
2
-employees
6
TOTAL
20 spaces
MINIMUM REQUIREMENTS (N/A means not applicable)
MAXIMUM REQUIREMENTS
CONDITIONAL USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD a
(feet)
SIDE b
YARD
(feet)
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet)
NO. OF
PARKING
SPACES
REQUIRED d
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Bulk fuel, propane, petroleum, fertilizer
and chemical storage
I acre with
municipal
sewer or
pump out
holding
tank.
2 acres if
serviced by
septic field
100 feet
for a 1
acre lot
200 feet
for a two
acre lot
125
15
15
n/a
10
1 space for every
500 sq. ft. of
sales area, plus
1 space for every
4 persons
seating capacity,
plus 1 space for
every 4 persons
hall and
assembly
capacity, plus 1
space for every
1000 sq. ft. of
administrative or
service floor
space, plus I
space for each
employee at
maximum shift
50%
30 except
for arenas
and
curling
rinks
PERMITTED SIGNS
1 identification sign per
dwelling unit, not
exceeding 8 sq. ft. in
surface area and, if free
standing not exceeding a
height of 8 ft. above grade.
Signs are not permitted to
be attached to the roof of
a dwelling.
For all other uses: 1 free
standing or rooftop
identification or business
sign having a sign surface
area not exceeding 288
sq. ft. in each sign surface
area to a maximum height
of 30 ft. above grade.
No restriction on number
or size of non-dwelling
facia signs.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
CONDITIONAL USE
SIGNS
Advertising signs
Drive in theatre
Commercial recreational facilities such
as amusement parks, water slides and
go-cart track.
Public buildings, public garages, police
station, fire station, jails and government
administration buildings
Public and private parking lots
Shopping centres and shopping malls
Storage buildings
Travel trailer park and tourist camp
Truck terminal or depot
Animal pounds
Playgrounds, public parks and tot lots
Accessory uses permitted in 6.1.1.1
(By-lw 1-07)
n/a
n/a
125
15
15
800
10
1 per dwelling
unit
Included with
main building
30
PART 7
INDUSTRIAL ZONES
7.1
GENERAL PROVISIONS FOR INDUSTRIAL ZONES
The general provisions applying to the Industrial Zones are contained
within this Part. Also applying to these zones are the provisions of Part 1 -
"Definitions", Part 2 - "Administration", Part 3, "Zoning" and "Appendix A".
7.1.1
ACCESSORY USES
In the Industrial Zones an accessory use, building, or structure includes,
but is not limited to, the following:
(a)
A garage, shed or building for storage incidental to a permitted or
conditional use;
(b)
Storage of goods used in or produced by manufacturing activities
on the same zoning site with such activities unless such storage is
excluded by the zoning regulations;
(c)
The production, processing, cleaning, servicing, altering, testing,
repair or storage of merchandise normally incidental to a business
and personal service and mercantile occupancies is conducted by
the same ownership as the principal use;
(d)
A single-family apartment or dwelling unit, for the owner, or a
watchman or caretaker and his family, whose presence on the site
is essential at all times, provided that such dwelling unit is part of
the principal building;
(e)
A retail or commercial use which is incidental to a permitted or
conditional use;
(f)
Accessory off-street parking or loading spaces as required and
regulated in this Part; and
(g)
Signs as permitted and regulated in this Part.
7.1.2
MULTIPLE USES
When any land or building is used for more than one purpose, all
provisions of this By-law relating to each use shall be satisfied. Where
there is a conflict, as in the case of site are and site frontage, the higher or
more stringent requirements shall prevail.
7.2
PERFORMANCE STANDARDS
7.2.1
In the Industrial Zones the emission of smoke, odorous matter, gases, dust
and other particulate matter shall be in accordance with environmental and
health regulations of the Province of Manitoba.
7.2.2
For the purpose of this subsection, the following term is defined:
(a)
"Toxic or Noxious Matter" means any solid, liquid, or gaseous
matter, including but not limited to, gases, vapour, dusts, fumes,
and mists, containing properties which are:
(i)
Inherently harmful and likely to destroy life or impair health;
or
(ii)
Capable of causing injury to the well-being of persons,
animals or damage to property and vegetation.
(b)
In any Industrial Zone the emission of toxic or noxious matter into
the atmosphere from any activity shall be in accordance
environmental and health regulations of the Province of Manitoba.
(c)
In any Industrial Zone, the storage and handling of radioactive
material shall be in accordance with the regulations contained in
the Government of Canada Atomic Energy Control Regulations.
(d)
In any Industrial Zone, the storage, use or manufacture of
flammable materials, solid or otherwise, shall be in accordance with
the regulations of the National Fire Protection Code.
(e)
In any Industrial Zone, any operation producing intense glare or
heat shall be performed within a completely enclosed buildings in
such a manner as not to be perceptible at or beyond any lot line.
Exposed sources of light shall be shielded so as not to create a
nuisance across any lot line.
7.3
DEVELOPMENT STANDARDS
(a)
All portions of a lot except those used for buildings, parking or
loading, or in the case of the "M" Industrial Zone outside storage,
shall
be
landscaped
and
maintained
in
good
condition.
Landscaping features with their staging program shall be shown on
plans submitted to Council prior to issuance of a Development
Permit.
(b)
All side and rear yard lot lines in the Industrial Zone which abut
Residential, Recreational Zones must be screened by a fence,
hedge or evergreen trees which will extend a minimum of six (60
feet in height. Where fencing of the chained link type is used, it
shall be bordered by trees or evergreen hedge that, when planted,
is expected to reach a height of not less than the height of the
fence.
7.4
INDUSTRIAL ZONE USE AND BULK REGULATIONS
7.4.1
The Industrial use and bulk regulations shall be as set forth in this Part and
as set forth in Table VIII, which is the Industrial Use and Bulk Table.
For interpretation of the use and bulk tables see Section 3.3.4. "USE AND
BULK TABLES".
7.4.2
TABLE VIII
"M"
INDUSTRIAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits
may be required from either the Highway
Traffic Board or Manitoba Transportation
and government Services.
b The minimum side yard on the street side
of a corner site shall be the same as the
minimum front yard.
c No footnote c for this table.
d The minimum standards for parking lots
and parking spaces are depicted in
subsection 3.3.22 herein. Loading
requirements are listed in subsection 3.3.21
herein.
Parking requirements for combined uses,
shall be the combined requirements for all
uses.
MINIMUM REQUIREMENTS (N/A means not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet)
SIDE
YARD
(feet)
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE (ft.)
NO. OF
PARKING
SPACES
REQUIRED b
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS
AND SIGN SURFACE
AREA
Accessory buildings, uses and structures.
n/a
n/a
125
15
15
n/a
10
4 spaces
minimum, plus
1 space for
every 1,000 sq.
ft. of gross floor
area, plus
1 additional
space for each
1,000 sq. ft. of
floor area
devoted to
office or
administrative
use,
or
4 spaces
minimum, plus
1 space for
each employee
at maximum
shift, whichever
is the greater.
10%
45
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses:
1 free standing or rooftop
identification or business
sign having a sign surface
area not exceeding 288 sq.
ft. in each sign surface area
to a maximum height of 30
ft. above grade.
No restriction on number or
size of non-dwelling facia
signs.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
CONDITIONAL USE
SIGNS
Advertising signs
Airports
I acre with
municipal
sewer or
pump out
holding
tank.
2 acres if
serviced
by septic
field
100 feet
for a 1
acre lot
200 feet
for a two
acre lot
n/a
50%
Any use listed as a permitted or
conditional use in the "HC" Highway
Commercial Zone, except residences,
tourist camp and travel trailer park.
Any manufacturing, assembling or
packaging industry conducted entirely
within a completely enclosed building
except as listed below or as listed as a
conditional use.
Auction markets, but not including
livestock auction
Construction materials and contractors
establishments including:
sales and storage yards for building
materials and contractors ; lumber and
wood products manufacture; and
manufacture of prefabricated buildings
and structures
Equipment and vehicle rental
Greenhouses and nurseries
Laboratories, testing and research
facilities
Machine shops, blacksmith shops, and
repair shops
Manufacture, repair, distribution and sales
of transportation equipment, motor
vehicles, motor vehicle parts, recreational
vehicles, engines, aircraft, boats and
marine equipment and similar uses.
Retail outlets when incidental to a
permitted or conditional use
Trade schools
Wholesale outlets, business supply stores
Warehouse facilities for the storage, sale
and distribution of manufactured goods
except fertilizer, explosives, flammable
and toxic wastes.
7.4.2
TABLE VIII
(cont'd)
"M"
INDUSTRIAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits
may be required from either the Highway
Traffic Board or Manitoba Transportation
and government Services.
b The minimum side yard on the street side
of a corner site shall be the same as the
minimum front yard.
c No footnote c for this table.
d The minimum standards for parking lots
and parking spaces are depicted in
subsection
3.3.22
herein.
Loading
requirements are listed in subsection 3.3.21
herein.
Parking requirements for combined uses,
shall be the combined requirements for all
uses.
e Yards containing outdoor storage or
processing etc. shall be contained and
screened by solid perimeter fencing of wood
or metal cladding of no less than 6 feet in
height.
MINIMUM REQUIREMENTS (N/A means not applicable)
MAXIMUM REQUIREMENTS
CONDITIONAL USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet)
SIDE
YARD
(feet)
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE (Ft.)et)
NO. OF
PARKING
SPACES
REQUIRED
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS
AND SIGN SURFACE
AREA
Accessory dwellings as provided for by
Subsection 7.1.1 herein.
Detached mobile homes may be
permitted, but must be removed when no
longer required as an accessory use.
n/a
n/a
125
15
15
800
10
1 per dwelling
10%
45
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses:
1 free standing or rooftop
identification or business
sign having a sign surface
area not exceeding 288 sq.
ft. in each sign surface area
to a maximum height of 30
ft. above grade.
No restriction on number or
size of non-dwelling facia
signs.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
CONDITIONAL USE
SIGNS
Advertising signs
Airports and heliports
I acre with
municipal
sewer or
pump out
holding
tank.
2 acres if
serviced
by septic
field
100 feet
for a 1
acre lot
200 feet
for a two
acre lot
n/a
4 spaces
minimum, plus
1 space for
every 1,000 sq.
ft. of gross floor
area, plus
1 additional
space for each
1,000 sq. ft. of
floor area
devoted to
office or
administrative
use,
or
4 spaces
minimum, plus
1 sapce for
each employee
at maximum
shift, whichever
is the greater
50%
Any manufacturing industry requiring
outdoor storage of materials or
manufactured product or where a part of
the fabrication or processing is conducted
out of doors
Asphalt storage and manufacture
Cemeteries, crematoriums and
mausoleums
Concrete and cement batching plants
Food processing
Foundries, casting and rolling mills
Grain storage and handling facilities
Junk yards and recycling yards for bailing,
collecting, sorting and storing of scrap
automotive bodies and parts, iron, junk
metal, paper or rags and similar items. e
Manufacture and bulk storage of fertilizer,
chemicals, petroleum products and gases
Mineral extraction operations including
pits and quarries for the extraction of
aggregate and stone including crushing,
processing, screening, and washing
operations
Ore reduction, refining or smelting
Power generating plants
Processing of agricultural, milk and meat
products
Race tracks
Rendering plants, abattoirs and dead
livestock removal
Seed cleaning
Stock yards and livestock auction markets
Warehouse facilities for the storage of
fertilizer and explosives, flammable and
toxic goods
Waste management facilities, public
utilities
PART 8
OPEN SPACE ZONES
8.1
GENERAL PROVISIONS FOR OPEN SPACE ZONES
The general provisions applying to the Open Space Zones are contained
within this part. Also applying to this zone are the provisions of Part 1 -
"Definitions", Part 2 - "Administration", Part 3 - "Zoning" and "Appendix A".
8.1.1
SHORELAND REGULATIONS
No person shall issue a development permit ad no person shall obtain a
development permit on land designated as Manitoba Hydro Water
Storage, Winnipeg River Power Reserve, Crown land, Crown Reserve
and/or Public Reserve without first obtaining a permit or other such
authorization from the owner and/or the authority having jurisdiction over
said lands.
8.1.2
ACCESORY USES
In the "OI" Open Space and Institutional Zone accessory uses, buildings
and structures shall be limited to the following:
(a)
Buildings or structures incidental to a permitted or conditional use;
(b)
Buildings or structures for the operation, maintenance and
administration of a permitted use;
(c)
Incinerators subject to the authority having jurisdiction and which
shall be incidental to the permitted use;
(d)
Staff dwelling, to include only a single family dwelling, two-family
dwelling when on the same site within a permitted or conditional
use where, in the opinion of Council, said dwelling is essential for
the maintenance, operation and care of the use; (By-law 1-07)
(e)
Home occupations; and
(f)
Signs as permitted and regulated in this Part.
In the "OS" Open Space Shoreland Zone accessory uses are not
permitted.
8.1.2.1
A mobile home is a conditional use when on the same site within a
permitted or conditional use where, in the opinion of Council, said dwelling
is essential for the maintenance, operation and care of the use.
(By-law 1-07)
8.2
USE AND BULK REGULATIONS
8.2.1
The Open Space Zone Use and Bulk regulations shall be as set forth in
this Part and as set forth in Tables IX and X, which are the Open Space
Use and Bulk Tables.
For interpretation of the use and bulk tables see Section 3.3.4. "USE AND
BULK TABLES".
8.2.2
TABLE IX
"OI"
OPEN SPACE, INSTITUTIONAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits
may be required from either the Highway
Traffic Board or Manitoba Transportation
and government Services.
b The minimum side yard on the street side
of a corner site shall be the same as the
minimum front yard.
c The greater distance shall apply on the
street side of a reversed corner site, except
for an accessory building or structure, in
which case the greater distance shall only
apply on the street side of a reversed corner
site.
d The minimum standards for parking lots
and parking spaces are depicted in
subsection
3.3.22
herein.
Loading
requirements are listed in subsection 3.3.21
herein.
Parking requirements for combined uses,
shall be the combined requirements for all
uses.
MINIMUM REQUIREMENTS (N/A means not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD a
(feet)
SIDE
YARD b
(feet)
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet)
NO. OF
PARKING
SPACES
REQUIRED d
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS
AND SIGN SURFACE
AREA
Accessory buildings, uses and
structures.
n/a
n/a
30
2
15 c
2
n/a
10
1 space for every
500 sq. ft. of sales
area, plus 1 space
for every 4 persons
seating capacity,
plus 1 space for
every 4 persons
hall and assembly
capacity, plus 1
space for every
1000 sq. ft. of
administrative or
service floor space,
plus I space for
each employee at
maximum shift
10%
30
PERMITTED SIGNS
1 identification sign per
dwelling unit, not
exceeding 8 sq. ft. in
surface area and, if free
standing not exceeding a
height of 8 ft. above
grade.
Signs are not permitted
to be attached to the roof
of a dwelling.
For all other uses:
1 free standing
identification or business
sign having a sign
surface area not
exceeding 288 sq. ft. in
each sign surface area to
a maximum height of 30
ft. above grade
No restriction on number
or size of non-dwelling
facia signs.
A sign shall not overhang
into a public street, lane
or walkway.
Rotating beacons and
flashing signs are not
permitted.
Accessory dwellings as provided for by
Subsection 8.1.2 herein.
n/a
n/a
30
5
15 c
5
800
Athletic fields
I acre with
municipal
sewer or
pump out
holding
tank.
2 acres if
serviced by
septic field
100 feet
for a 1
acre lot
200 feet
for a two
acre lot
30
50%
Canteens and takeout eating
establishments when accessory to
another permitted use
Conservatory
Museums
Swimming pools
Golf courses, including clubhouse,
restaurant, lounge and rental of golf
accessories
Zoological gardens, aquaria and aviaries
Historical sites
No minimum unless site
contains buildings
requiring sewage
disposal facilities, in
which case the above
requirements shall apply
10%
Parks, playgrounds, picnic areas,
Pavilions and picnic shelters Bicycle
trails
Public reserves
8.2.2
TABLE IX (cont'd)
"OI"
OPEN SPACE, INSTITUTIONAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road
may be 125 feet or 250 feet and permits
may be required from either the Highway
Traffic Board or Manitoba Transportation
and government Services.
b The minimum side yard on the street side
of a corner site shall be the same as the
minimum front yard.
c The greater distance shall apply on the
street side of a reversed corner site, except
for an accessory building or structure, in
which case the greater distance shall only
apply on the street side of a reversed corner
site.
d The minimum standards for parking lots
and parking spaces are depicted in
subsection
3.3.22
herein.
Loading
requirements are listed in subsection 3.3.21
herein.
Parking requirements for combined uses,
shall be the combined requirements for all
uses.
MINIMUM REQUIREMENTS (N/A means not applicable)
MAXIMUM REQUIREMENTS
CONDITIONAL USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD a
(feet)
SIDE
YARD b
(feet)
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet)
NO. OF
PARKING
SPACES
REQUIRED d
SITE
COVERAGE
%
HEIGHT
(feet)
NUMBER OF SIGNS
AND SIGN SURFACE
AREA
Arenas and curling rinks including canteen,
clubhouse, lounge, sale or rental of skating or
hockey accessories, and restaurants when
incidental to the principal use
I acre with
municipal
sewer or
pump out
holding tank.
2 acres if
serviced by
septic field
100 feet for
a 1 acre lot
200 feet for
a two acre
lot
1 for every 4 persons seating
capacity plus one space for
each 500 sq. ft. of floor area
devoted to office or
administrative use, plus, in
the case of a curling rink, 8
spaces for each sheet of ice
30
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses:
1 free standing identification
or business sign having a
sign surface area not
exceeding 288 sq. ft. in each
sign surface area to a
maximum height of 30 ft.
above grade.
No restriction on number or
size of non-dwelling facia
signs.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
Clubs, recreational
Swimming pools, public when enclosed within
a building
Government administration buildings
1 for every 500 sq. ft. of gross
floor area
Schools whose curriculum comes under the
jurisdiction of the Department of Education
1.5 per classroom
Cemeteries
As required by council
pursuant to a conditional use
order
Churches
Gun clubs, gun ranges, archery range and
similar uses
Riding academies
Zoos, wildlife parks and game farms
Accessory uses permitted in 8.1.2.1
(By-law 1-07)
n/a
n/a
30
2
15
2
n/a
10
1 space for every 500 sq.ft. of
sales area, plus 1 space for
every 4 persons seating
capacity plus 1 space for
every 4 persons hall and
assembly capacity, plus 1
space for every 1000 sq.ft. of
administrative or service floor
space, plus 1 space for each
employee at maximum shift
10%
30
8.2.3
TABLE X
"OS"
OPEN SPACE, SHORELAND ZONE - USE AND BULK TABLE
FOOTNOTES
a A boathouse shall not be used for human
habitation or be used for or contain any
sleeping accommodation.
b Prior to the issuance of a development
and/or building permit, the applicant must
first obtain a permit or licence form the
owner of the property such as Manitoba
Hydro or Manitoba Crown Lands Branch, as
the case may be.
Should the permit involve construction along
the shoreline, over or in the waterway, a
permit may also be required from the federal
Department of Fisheries and Oceans.
MINIMUM REQUIREMENTS (N/A means not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet)
SIDE
YARD
(feet)
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
BETWEEN
DOCKS,
WHARVES AND
BOATHOUSES
NO. OF
PARKING
SPACES
REQUIRED
WIDTH
AND
AREA
HEIGHT
(feet)
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Agricultural activities, but not including
dwellings or livestock buildings.
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Boathouses, private when accessory to
a permitted or conditional use on an
adjoining or adjacent site. a b
n/a
n/a
n/a
Minimum of
5 ft. from
straight line
projection of
lot lines of lot
to which it is
accessory.
(See sketch)
n/a
n/a
20 ft.
n/a
Max. 20 ft.
width along
shoreline to a
maximum of
520 sq. ft.
15
PERMITTED SIGNS
1 identification sign per
dock, boathouse or wharf,
not exceeding 8 sq. ft. in
surface area and, if free
standing not exceeding a
height of 8 ft. above grade.
Signs shall not overhang
into a public street, lane or
walkway. Rotating beacons
and flashing signs are not
permitted
Docks and wharves, private when
accessory to a permitted use or
conditional use on an adjoining or
adjacent site. b
n/a
n/a
n/a
n/a
n/a
20 ft.
n/a
15
Utility buildings, not exceeding 200 sq.
ft. in area, such as pump house for
water supply, when accessory to an
adjoining permitted or conditional use. b
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Max.
200 sq. ft
15
Timber harvesting, when approved by
the authority having jurisdiction, except
on "Public Reserve Lands"
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
CONDITIONAL USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet)
SIDE
YARD
(feet)
REAR
YARD
(feet)
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
BETWEEN
DOCKS,
WHARVES AND
BOATHOUSES
NO. OF
PARKING
SPACES
REQUIRED
WIDTH
AND
AREA
HEIGHT
(feet)
Docks and wharves, public and group
docking facilities intended to serve two
or more cottage sites, a travel trailer
park, a mobile home park or resort etc.
n/a
n/a
n/a
n/a
n/a
n/a
20 ft
1 per
docking
space or
boat slip
n/a
15
Boat launching facilities
n/a
n/a
n/a
n/a
n/a
n/a
20 ft
As
determined
by Council
n/a
15
Docks and
Boathouses
PART 9 - RESOURCE DEVELOPMENT ZONE
9.1
GENERAL PROVISIONS FOR RESOURCE DEVELOPMENT ZONE
The general provisions of all Resource Development Zones are contained
within this Part. Also applying to this zone are the provisions of Part 1 -
"Definitions", Part 2 - "Administration", Part 3 - "Zoning" and "Appendix A".
9.1.1
ACCESSORY USES
In the Resource Development Zone accessory uses, buildings and
structures shall be limited to the following:
(a)
Farm dwelling, factory built house , when on the same site with a
permitted or conditional agricultural activity;
(b)
Staff dwelling to include a single family dwelling or two-family
dwelling, dormitory, or factory built home when on the same site
with a permitted or conditional use where said dwelling is essential
for the maintenance, operation and care of the permitted
conditional use; (By-law 1-07)
(c)
Buildings or structures for the operation and maintenance of an
agricultural or resource related extensive recreational activity;
(d)
Storage of goods used in or produced by agricultural or resource
related activities on the same site with such activities, unless
storage is excluded by the zoning regulations;
(e)
A private garage, carport, covered patio, tool house, shed and
other similar buildings for the storage of domestic equipment and
supplies;
(f)
Incinerators and individual sewage disposal systems, subject to the
authority having jurisdiction;
(g)
Home occupations;
(h)
Signs as permitted and regulated in this Part;
(i)
Accessory off-street parking or loading spaces as required and
regulated in this Part.
9.1.1.2
(a)
Mobile homes are a conditional use when on the same site with a
permitted or conditional agricultural activity;
(b)
Mobile homes are a conditional us, when on the site with a
permitted or conditional use where said dwelling is essential for the
maintenance, operation and care of the permitted conditional uses.
(By-law 1-07)
9.2
CONDITIONAL USE FOR LIVESTOCK OPERATIONS
(a)
The process for considering a conditional use application for a
livestock production operation shall be the same as listed in
Section 10.2 of the Agricultural Zones.
9.3
USE AND BULK REGULATIONS
9.3.1
The Resource Development use and bulk regulations shall be as set forth
in this Part and as set forth in Table XI, which is the "RD" Resource
Development Zone Use and Bulk Table.
For interpretation of the use and bulk tables see Section 3.3.4. "USE AND
BULK TABLES".
9.3.2
TABLE XI
"RD" RESOURCE DEVELOPMENT ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a Provincial
Trunk Highway or Provincial Road may be 125 feet
or 250 feet and permits may be required from either
the
Highway
Traffic
Board
or
Manitoba
Transportation and government Services.
b Except as noted above, the minimum side yard on
the street side of a corner site and rear side of a
through site shall be the same as the minimum front
yard.
c The minimum separation distance between
dwellings on the same site shall be 50 feet.
d The minimum mutual separation distance between
a dwelling and a livestock building on the same site
shall be 100 feet, and 200 feet between a dwelling
on one site and a livestock building on an adjacent
site, except as follows:
Notwithstanding the above, Livestock production
operations of 10 AU or greater shall be subject to the
minimum distance requirements as set forth in Table
XIV Siting Criteria For Livestock Production
Operations. Animal units are listed on Table XV
herein.
These are also mutual separation distances,
applying to dwellings as well.
e The maximum height shall exclude grain storage
structures, grain augurs and other facilities directly
required for processing grain.
f Vacant buildings are buildings, vacant and
obsolete at the effective date of this by-law, or which
become vacant and obsolete, and where in the
opinion of Council, their conversion to industrial or
commercial storage is necessary to maintain the
building in a reasonable manner for the remainder of
its economic life. Storage does not include the
processing, sale, manufacture of or any exterior
stockpiling of materials.
g For sites of less than 40 acres, a livestock
production operation shall not exceed a density of 2
AU per acre of site area. See Table XV
MINIMUM REQUIREMENTS (n/a not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES
SITE
AREA
(acres)
SITE WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet) b
REAR
YARD
(feet) a
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet) d
SITE
COVERAGE
%
HEIGHT
(feet) e
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Any use listed as a Permitted Use in the A-80
General Rural and Agricultural Zone, except
livestock production operations
Same requirements as in the AG80 Zone, as if the use was located within the A80 Zone
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses:
1 identification or business
sign having a sign surface
area not exceeding 288 sq.
ft. in each sign surface area
to a maximum height of 30
ft. above grade.
No restriction on number or
size of non-dwelling facia
signs.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
CONDITIONAL USE
SIGNS
Advertising signs
Accessory buildings, uses and structures,
including a Food canteen when accessory to
another Permitted or Conditional use.
Accessory dwellings as provided for by
Subsection 9.1.1 herein.
Livestock production operations, (horses,
ponies included) of less than 20 AU g
(See Table XIV)
80
600
125
25 b
25
n/a
10 d
n/a
30 e
Forestry management and timber operations,
forest reserves, forestry stations, and sawmills
Historical and archaeological sites
Wildlife Management areas
Conservation areas
Horse race track
Golf Course and
Driving range
Parking areas, playgrounds, and tot lots when
accessory to another permitted or conditional
use
n/a
n/a
125
25 b
25
n/a
10
n/a
30
Wayside parks, picnic areas, public beaches
and public boat launch
2
200
125
25 b
25
n/a
10
n/a
30
Zoos, wildlife preserves and game farms, but
not including firearms shooting and penned
hunting
9.3.2
TABLE XI (cont'd)
"RD" RESOURCE DEVELOPMENT ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a Provincial
Trunk Highway or Provincial Road may be 125 feet
or 250 feet and permits may be required from either
the
Highway
Traffic
Board
or
Manitoba
Transportation and government Services.
b Except as noted above, the minimum side yard on
the street side of a corner site and rear side of a
through site shall be the same as the minimum front
yard.
c The minimum separation distance between
dwellings on the same site shall be 50 feet.
d The minimum mutual separation distance between
a dwelling and a livestock building on the same site
shall be 100 feet, and 200 feet between a dwelling
on one site and a livestock building on an adjacent
site, except as follows:
Notwithstanding the above, Livestock production
operations of 10 AU or greater shall be subject to the
minimum distance requirements as set forth in Table
XIV Siting Criteria For Livestock Production
Operations. Animal units are listed on Table XV
herein.
These are also mutual separation distances,
applying to dwellings as well.
e The maximum height shall exclude grain storage
structures, grain augurs and other facilities directly
required for processing grain.
f Vacant buildings are buildings, vacant and
obsolete at the effective date of this by-law, or which
become vacant and obsolete, and where in the
opinion of Council, their conversion to industrial or
commercial storage is necessary to maintain the
building in a reasonable manner for the remainder of
its economic life. Storage does not include the
processing, sale, manufacture of or any exterior
stockpiling of materials.
g For sites of less than 40 acres, a livestock
production operation shall not exceed a density of 2
AU per acre of site area. See Table XV
MINIMUM REQUIREMENTS (n/a not applicable)
MAXIMUM REQUIREMENTS
CONDITIONAL USES
SITE
AREA
(acres)
SITE WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet) b
REAR
YARD
(feet) a
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet) d
SITE
COVERAGE
HEIGHT
(feet) e
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Any use listed as a Conditional Use in the A-80
General Rural and Agricultural Zone, except
livestock production operations
Same requirements as for conditional uses in the AG80 Zone, as if the use were located within the AG80 Zone
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses:
1 identification or business
sign having a sign surface
area not exceeding 288 sq.
ft. in each sign surface area
to a maximum height of 30
ft. above grade.
No restriction on number or
size of non-dwelling facia
signs.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
CONDITIONAL USE
SIGNS
Advertising signs
Livestock and Livestock Production Operations
of 20 animal units and greater, including
manure storage facility g (See Table XIV)
80
600
125
25 b
25
n/a
10 d
n/a
30
Downhill skiing tobogganing, and
snowboarding facilities, including permanent
buildings
Go cart, snowmobile, ATV, and motorcycle
tracks and courses
Gun clubs, rifle and archery ranges
Mining and mineral extraction operations
Municipal sewage lagoons
Zoos, wildlife preserves and game farms,
including hunting and shooting
Accessory uses permitted in 9.1.1.2.
(By-law 1-07)
Same requirements as in the AG80 Zone, as if the use was located within the AG80 Zone.
PART 10
AGRICULTURAL ZONES
10.1
GENERAL PROVISIONS FOR AGRICULTURAL ZONES
The provisions applying to all agricultural zones are contained within this
part. Also applying to these zones are the provision of Part 1 -
"Definitions", Part 2 - "Administration", Part 3 - "Zoning" and "Appendix A".
10.1.1
ACCESSORY USES
In the Agricultural Zones accessory uses, buildings and structures shall be
limited to the following:
(a)
A farm dwelling, to include only a single-family dwelling or factory
built house when on the same site with a permitted or conditional
agricultural activity;
(b)
Staff dwelling, to include only a single family dwelling, two-family
dwelling, dormitory, or factory built house when on the same site
with a permitted or conditional agricultural activity; (By-law 1-07)
(c)
Buildings or structures for the operation and maintenance of an
agricultural activity;
(d)
Storage of goods used in or produced by agricultural activities on
the same site with such activities, unless such storage is excluded
by the zoning regulations;
(e)
A machine shop, repair shop, welding shop, garage or other similar
use;
(f)
Signs as permitted and regulated in this part;
(g)
A private garage, carport, covered patio, tool house, shed and
other similar buildings for the storage of domestic equipment and
supplies;
(h)
Incinerators and individual sewage disposal systems subject to the
authority having jurisdiction; and
(i)
Home occupations.
10.1.1.1
Accessory uses for a farm dwelling when proposed as a mobile home use
shall be permitted when on the same site with a permitted or conditional
agricultural activity in "A80" General Agricultural Zones only.
10.1.1.2
Accessory uses for a staff dwelling when proposed as a mobile home use
shall be permitted when on the same site with a permitted or conditional
agricultural activity in "A80" General Agricultural Zones only.
(By-law 10-07)
10.2
AGRICULTURAL ZONES - CONDITIONAL USES
10.2.1
When considering a conditional use application for a livestock production
operation, Council shall review and consider the Farm Practices
Guidelines for Hog, Poultry, Beef and Dairy Producers in Manitoba, as
published by Manitoba Agriculture and Food, and may utilize same in
evaluating the proposed site and establishing locational criteria for such
operations.
10.2.2
Where Conditional Use Application is made for Livestock Production
Operation, it shall be accompanied by the following information:
(i)
A completed copy of a Livestock Production Operation Information
form as prepared by the Manitoba Agriculture;
(ii)
A site plan, drawn to scale, depicting site and/or property
boundaries, existing and proposed buildings, manure storage
facilities including field storage, location and ownership of spread
fields, drains, watercourses and access points to the site; and
(iii)
In the case of livestock production operations of 200 animal units and
greater, council may require that the application for a development
permit be accompanied by an environmental assessment report for
the proposed site and spread fields, which may include: a description
of the manure handling system; nutrient and soil analysis of spread
fields; analysis of geology, aquifers, groundwater supply and surface
drainage; meteorological data and odour control; and a summary of
performance standards and mitigation measures specific to the
operation.
10.2.3
A development permit application is not considered to be complete unless it
is accompanied by the required information. Costs of such reports are to be
borne by the applicant.
10.2.4
Council may impose conditions on livestock production operations such as:
(i)
Siting of buildings and manure storage facilities;
(ii)
Provincial approval of a permit for the manure storage facility, a
Water Rights Licence being obtained if exceeding 5,500 Imp.
gal./day, and registration of a manure management plan;
(iii)
Financial contribution to infrastructure improvements;
(iv)
Odour control measures;
(v)
Confirmation of long term contracts for leased spread fields; and
(vi)
Any other matter deemed relevant to council.
10.2.5
In the case of livestock production operations of 200 animal units and
greater, council shall require that public notice be given in accordance with
Section 53.1(4) of the Planning Act, the same as for livestock operations of
400 or more animal units.
10.3
AGRICULTURAL ZONES USE AND BULK REGULATIONS
10.3.1
The Agricultural Zone Use and Bulk regulations shall be as set forth in this
Part and as set forth in Tables XII, XIII and XIII(i), which are the
Agricultural Use and Bulk Tables. (By-law 19-07)
For interpretation of the use and bulk tables see Section 3.3.4. "USE AND
BULK TABLES"
10.3.2
TABLE XII
"AG80" GENERAL AGRICULTURAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a Provincial
Trunk Highway or Provincial Road may be 125 feet
or 250 feet and permits may be required from either
the
Highway
Traffic
Board
or
Manitoba
Transportation and government Services.
b Except as noted above, the minimum side yard on
the street side of a corner site and rear side of a
through site shall be the same as the minimum front
yard.
c The minimum separation distance between
dwellings on the same site shall be 50 feet.
d The minimum mutual separation distance between
a dwelling and a livestock building on the same site
shall be 100 feet, and 200 feet between a dwelling
on one site and a livestock building on an adjacent
site, except as follows:
Notwithstanding the above, Livestock production
operations of 10 AU or greater shall be subject to the
minimum distance requirements as set forth in Table
XIV Siting Criteria For Livestock Production
Operations. Animal units are listed on Table XV
herein.
These are also mutual separation distances,
applying to dwellings as well.
e The maximum height shall exclude grain storage
structures, grain augurs and other facilities directly
required for processing grain.
f Vacant buildings are buildings which are vacant
and obsolete at the effective date of this by-law, or
which become vacant and obsolete, and where in
the opinion of Council, their conversion to industrial
or commercial storage is necessary to maintain the
building in a reasonable manner for the remainder of
its economic life. Storage does not include the
processing, sales, manufacture or any exterior
stockpiling of materials.
g For sites of less than 40 acres, a livestock
production operation shall not exceed a density of 2
AU per acre of site area. See Table XV.
MINIMUM REQUIREMENTS (n/a not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet) b
REAR
YARD
(feet) a
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet) d
SITE
COVERAGE
HEIGHT
(feet) e
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Accessory buildings, structures and uses,
except dwellings
N/A
N/A
125
25 b
25
n/a
10
n/a
30 e
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to
be attached to the roof of a
dwelling.
For all other uses:
1 identification or business
sign having a sign surface
area not exceeding 288 sq.
ft. in each sign surface area
to a maximum height of 30
ft. above grade.
No restriction on number or
size of non-dwelling facia
signs.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
CONDITIONAL USE
SIGNS
Advertising signs
Accessory dwellings as provided for by this
Part
N/A
N/A
125
25 b
25
600
10 c d
n/a
30 e
1 family dwelling, factory built house or mobile
home on a lot approved in accordance with
the Lac du Bonnet District Development Plan
2
200
125
25 b
25
600
10 c d
n/a
30 e
Agricultural operations, as defined herein,
excluding livestock production operations
80
600
125
25 b
25
n/a
10
n/a
30 e
Livestock production operations, (horses,
ponies included) of less than 200 AU g
(See Table XIV)
80
600
125
50 b
50
n/a
10 d
n/a
30 e
Sale of livestock, poultry and agricultural
products produced and/or raised on the
premises, when accessory to a permitted or
conditional use, including any structures
related thereto
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Forestry and wildlife management
Parks and playgrounds
80
600
125
25 b
25
n/a
10
n/a
30 e
Home occupation and home day care
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Kennels for dogs and cats
80
600
125
25 b
25
n/a
10
n/a
30 e
Use of existing vacant buildings for
commercial storage of goods, vehicles and
watercraft etc. f
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Accessory uses permitted in 10.1.1.1 &
10.1.1.2
(By-law 10-07)
n/a
n/a
125
25
25
n/a
10
n/a
30
10.3.2
TABLE XII (cont'd)
"AG80" GENERAL AGRICULTURAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road may
be 125 feet or 250 feet and permits may be
required from either the Highway Traffic Board or
Manitoba
Transportation
and
government
Services.
b Except as noted above, the minimum side yard
on the street side of a corner site and rear side of
a through site shall be the same as the minimum
front yard.
c The minimum separation distance between
dwellings on the same site shall be 50 feet.
d The minimum mutual separation distance
between a dwelling and a livestock building on the
same site shall be 100 feet, and 200 feet between
a dwelling on one site and a livestock building on
an adjacent site, except as follows:
Notwithstanding the above, Livestock production
operations of 10 AU or greater shall be subject to
the minimum distance requirements as set forth in
Table XIV Siting Criteria For Livestock Production
Operations. Animal units are listed on Table XV
herein.
These are also mutual separation distances,
applying to dwellings as well.
e The maximum height shall exclude grain
storage structures, grain augurs and other
facilities directly required for processing grain.
f Vacant buildings are buildings, vacant and
obsolete at the effective date of this by-law, or
which become vacant and obsolete, and where in
the opinion of Council, their conversion to
industrial or commercial storage is necessary to
maintain the building in a reasonable manner for
the remainder of its economic life. Storage does
not include the processing, sale, manufacture of or
any exterior stockpiling of materials.
g For sites of less than 40 acres, a livestock
production operation shall not exceed a density of
2 AU per acre of site area. See Table XV.
MINIMUM REQUIREMENTS
MAXIMUM REQUIREMENTS
CONDITIONAL USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet) b
REAR
YARD
(feet) a
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
SITE
COVERAGE
%
HEIGHT
(feet) e
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Airports and airstrips, whether public or
private
80
600
125
25 b
25
n/a
10
n/a
30
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to be
attached to the roof of a
dwelling.
For all other uses:
1 identification or business
sign having a sign surface
area not exceeding 288 sq.
ft. in each sign surface area
to a maximum height of 30 ft.
above grade.
No restriction on number or
size of non-dwelling facia
signs.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
CONDITIONAL USE SIGNS
Advertising signs
Drag strips, vehicle race tracks, go cart track,
dirt bike and ATV course
80
600
125
25 b
25
n/a
10
n/a
30
Gun clubs, archery ranges and similar uses
80
600
125
25 b
25
n/a
10
n/a
30
Home businesses, as defined herein
n/a
n/a
125
25 b
25
n/a
10
n/a
30
Landscape gardeners and landscape
contractors
80
600
125
25 b
25
n/a
10
n/a
30
Livestock and Livestock Production
Operations of 200 animal units and greater,
including manure storage facility g
(See Table XIV)
80
600
125
25 b
25
n/a
10
n/a
30
Commercial Sand, gravel, topsoil and mineral
extraction operations including peat moss
extraction
80
600
50 ft. to the edge of excavation, including
stockpiling of materials.
No yard is required where pits adjoin and
with written consent of affected owners
n/a
10
n/a
30
Religious institutions, churches, church halls
and cemeteries
2
200
125
25 b
25
n/a
10
n/a
45
Zoos, wildlife preserves and game farms,
including penned hunting g
80
600
125
25 b
25
n/a
10
n/a
30
Slaughter and dressing of livestock and
poultry, and processing and packaging of
agricultural products produced and/or raised
on the premises when accessory to a
permitted or conditional use
Seed cleaning and farm implement sales
when accessory to a permitted or conditional
use.
n/a
n/a
125
25 b
25
n/a
10
n/a
30
Vacation Farms, including campsites,
recreational vehicle sites and rental cabins,
provided the vacation farm operation is on the
same Certificate of Title as the farm operation
and is accessory, incidental and secondary to
the farming operation.
n/a
n/a
125
25 b
25
n/a
10
n/a
30
10.3.3
TABLE XIII
"A40" LIMITED AGRICULTURAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road may
be 125 feet or 250 feet and permits may be
required from either the Highway Traffic Board or
Manitoba
Transportation
and
government
Services.
b Except as noted above, the minimum side yard
on the street side of a corner site and rear side of
a through site shall be the same as the minimum
front yard.
c The minimum separation distance between
dwellings on the same site shall be 50 feet.
d The minimum mutual separation distance
between a dwelling and a livestock building on the
same site shall be 100 feet, and 200 feet between
a dwelling on one site and a livestock building on
an adjacent site, except as follows:
Notwithstanding the above, Livestock production
operations of 10 AU or greater shall be subject to
the minimum distance requirements as set forth in
Table XIV Siting Criteria For Livestock Production
Operations. Animal units are listed on Table XV
herein.
These are also mutual separation distances,
applying to dwellings as well.
e The maximum height shall exclude grain
storage structures, grain augurs and other
facilities directly required for processing grain.
f Vacant buildings are buildings, vacant and
obsolete at the effective date of this by-law, or
which become vacant and obsolete, and where in
the opinion of Council, their conversion to
industrial or commercial storage is necessary to
maintain the building in a reasonable manner for
the remainder of its economic life. Storage does
not include the processing, sale, manufacture of
or any exterior stockpiling of materials.
g For sites of less than 40 acres, a livestock
production operation shall not exceed a density of
2 AU per acre of site area. See Table XV.
MINIMUM REQUIREMENTS (n/a not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet) b
REAR
YARD
(feet) a
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet) d
SITE
COVERAGE
HEIGHT
(feet) e
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Accessory buildings, structures and uses, except
dwellings
N/A
N/A
125
25 b
25
n/a
10
n/a
30 e
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding 8
sq. ft. in surface area and, if
free standing not exceeding a
height of 8 ft. above grade.
Signs are not permitted to be
attached to the roof of a
dwelling.
For all other uses:
1 identification or business
sign having a sign surface
area not exceeding 288 sq.
ft. in each sign surface area
to a maximum height of 30 ft.
above grade.
No restriction on number or
size of non-dwelling facia
signs.
A sign shall not overhang into
a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
CONDITIONAL USE SIGNS
Advertising signs
Accessory dwellings as provided for by this Part
N/A
N/A
125
25 b
25
600
10 c d
n/a
30 e
1 family dwelling on a lot approved in accordance
with the Lac du Bonnet District Development Plan
2
200
125
25 b
25
600
10 c d
n/a
30 e
Agricultural operations, as defined herein,
excluding livestock production operations
40
300
125
25 b
25
n/a
10
n/a
30 e
Livestock production operations, (horses, ponies
included) of less than 20 AU g
(See Table XIV)
40
300
125
50 b
50
n/a
10 d
n/a
30 e
Sale of livestock, poultry and agricultural products
produced and/or raised on the premises, when
accessory to a permitted or conditional use,
including any structures related thereto
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Forestry and wildlife management
Parks and Playgrounds
40
300
125
25 b
25
n/a
10
n/a
30 e
Home occupation and
Home day care
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Kennels for dogs and cats
40
300
125
25 b
25
n/a
10
n/a
30 e
Use of existing vacant buildings for commercial
storage of goods, vehicles and watercraft etc. f
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
10.3.3
TABLE XIII (cont'd)
"A40" LIMITED AGRICULTURAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road may
be 125 feet or 250 feet and permits may be
required from either the Highway Traffic Board or
Manitoba
Transportation
and
government
Services.
b Except as noted above, the minimum side yard
on the street side of a corner site and rear side of
a through site shall be the same as the minimum
front yard.
c The minimum separation distance between
dwellings on the same site shall be 50 feet.
d The minimum mutual separation distance
between a dwelling and a livestock building on the
same site shall be 100 feet, and 200 feet between
a dwelling on one site and a livestock building on
an adjacent site, except as follows:
Notwithstanding the above, Livestock production
operations of 10 AU or greater shall be subject to
the minimum distance requirements as set forth in
Table XIV Siting Criteria For Livestock Production
Operations. Animal units are listed on Table XV
herein.
These are also mutual separation distances,
applying to dwellings as well.
e The maximum height shall exclude grain
storage structures, grain augurs and other
facilities directly required for processing grain.
f Vacant buildings are buildings, vacant and
obsolete at the effective date of this by-law, or
which become vacant and obsolete, and where in
the opinion of Council, their conversion to
industrial or commercial storage is necessary to
maintain the building in a reasonable manner for
the remainder of its economic life. Storage does
not include the processing, sale, manufacture of or
any exterior stockpiling of materials.
g For sites of less than 40 acres, a livestock
production operation shall not exceed a density of
2 AU per acre of site area. See Table XV.
MINIMUM REQUIREMENTS
MAXIMUM REQUIREMENTS
CONDITIONAL USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet) b
REAR
YARD
(feet) a
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
SITE
COVERAGE
%
HEIGHT
(feet) e
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Airports and airstrips, whether public or private
40
300
125
25 b
25
n/a
10
n/a
30
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to be
attached to the roof of a
dwelling.
For all other uses:
1 identification or business
sign having a sign surface
area not exceeding 288 sq.
ft. in each sign surface area
to a maximum height of 30 ft.
above grade.
No restriction on number or
size of non-dwelling facia
signs.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
CONDITIONAL USE SIGNS
Advertising signs
Drag strips, vehicle race tracks, go cart track, dirt
bike and ATV course
40
300
125
25 b
25
n/a
10
n/a
30
Gun clubs, archery ranges and similar uses
40
300
125
25 b
25
n/a
10
n/a
30
Home businesses, as defined herein
N/a
N/a
125
25 b
25
n/a
10
n/a
30
Landscape gardeners and landscape contractors
40
300
125
25 b
25
n/a
10
n/a
30
Livestock and Livestock Production Operations of
20 animal units and greater, including manure
storage facility g(See Table XIV)
40
300
125
25 b
25
n/a
10
n/a
30
Commercial Sand, gravel, topsoil and mineral
extraction operations including peat moss
extraction
40
300
50 ft. to the edge of excavation, including
stockpiling of materials.
No yard is required where pits adjoin and
with written consent of affected owners
n/a
10
n/a
30
Religious institutions, churches, church halls and
cemeteries
2
200
125
25 b
25
n/a
10
n/a
45
Zoos, wildlife preserves and game farms, including
penned hunting g
40
300
125
25 b
25
n/a
10
n/a
30
Slaughter and dressing of livestock and poultry,
and processing and packaging of agricultural
products produced and/or raised on the premises
when accessory to a permitted or conditional use
Seed cleaning and farm implement sales when
accessory to a permitted or conditional use.
n/a
n/a
125
25 b
25
n/a
10
n/a
30
Vacation Farms, including campsites, recreational
vehicle sites and rental cabins, provided the
vacation farm operation is on the same Certificate
of Title as the farm operation and is accessory,
incidental and secondary to the farming operation.
n/a
n/a
125
25
25
n/a
10
n/a
30
10.3.3 .1
TABLE XIII(i)
"A40(1)" LIMITED AGRICULTURAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road may
be 125 feet or 250 feet and permits may be
required from either the Highway Traffic Board or
Manitoba
Transportation
and
government
Services.
b Except as noted above, the minimum side yard
on the street side of a corner site and rear side of
a through site shall be the same as the minimum
front yard.
c The minimum separation distance between
dwellings on the same site shall be 50 feet.
d The minimum mutual separation distance
between a dwelling and a livestock building on the
same site shall be 100 feet, and 200 feet between
a dwelling on one site and a livestock building on
an adjacent site, except as follows:
Notwithstanding the above, Livestock production
operations of 10 AU or greater shall be subject to
the minimum distance requirements as set forth in
Table XIV Siting Criteria For Livestock Production
Operations. Animal units are listed on Table XV
herein.
These are also mutual separation distances,
applying to dwellings as well.
e The maximum height shall exclude grain
storage structures, grain augurs and other
facilities directly required for processing grain.
f Vacant buildings are buildings, vacant and
obsolete at the effective date of this by-law, or
which become vacant and obsolete, and where in
the opinion of Council, their conversion to
industrial or commercial storage is necessary to
maintain the building in a reasonable manner for
the remainder of its economic life. Storage does
not include the processing, sale, manufacture of
or any exterior stockpiling of materials.
g For sites of less than 40 acres, a livestock
production operation shall not exceed a density of
2 AU per acre of site area. See Table XV.
MINIMUM REQUIREMENTS (n/a not applicable)
MAXIMUM REQUIREMENTS
PERMITTED USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet) b
REAR
YARD
(feet) a
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
(feet) d
SITE
COVERAGE
HEIGHT
(feet) e
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Accessory buildings, structures and uses, except
dwellings
N/A
N/A
125
25 b
25
n/a
10
n/a
30 e
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding 8
sq. ft. in surface area and, if
free standing not exceeding a
height of 8 ft. above grade.
Signs are not permitted to be
attached to the roof of a
dwelling.
For all other uses:
1 identification or business
sign having a sign surface
area not exceeding 288 sq.
ft. in each sign surface area
to a maximum height of 30 ft.
above grade.
No restriction on number or
size of non-dwelling facia
signs.
A sign shall not overhang into
a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
CONDITIONAL USE SIGNS
Advertising signs
Accessory dwellings as provided for by this Part
N/A
N/A
125
25 b
25
600
10 c d
n/a
30 e
1 family dwelling on a lot approved in accordance
with the Lac du Bonnet District Development Plan
2
200
125
25 b
25
600
10 c d
n/a
30 e
Agricultural operations, as defined herein,
excluding livestock production operations
40
300
125
25 b
25
n/a
10
n/a
30 e
Livestock production operations, (horses, ponies
included) of less than 20 AU g
(See Table XIV)
40
300
125
50 b
50
n/a
10 d
n/a
30 e
Sale of livestock, poultry and agricultural products
produced and/or raised on the premises, when
accessory to a permitted or conditional use,
including any structures related thereto
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Forestry and wildlife management
Parks and Playgrounds
40
300
125
25 b
25
n/a
10
n/a
30 e
Home occupation and
Home day care
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Kennels for dogs and cats
40
300
125
25 b
25
n/a
10
n/a
30 e
Use of existing vacant buildings for commercial
storage of goods, vehicles and watercraft etc. f
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Contractor's yard or shop, used for the processing
and storage of excavation material, the operation of
related equipment, the operation and storage of a
portable cement batch plant, and includes an office
used in the course of such operations
(By-law No. 19-07)
2
200
125
15
15
n/a
10
5-%
30 e
10.3.3 .1
TABLE XIII (I - cont'd)
"A40(1)" LIMITED AGRICULTURAL ZONE - USE AND BULK TABLE
FOOTNOTES
a The requirement for all yards abutting a
Provincial Trunk Highway or Provincial Road may
be 125 feet or 250 feet and permits may be
required from either the Highway Traffic Board or
Manitoba
Transportation
and
government
Services.
b Except as noted above, the minimum side yard
on the street side of a corner site and rear side of
a through site shall be the same as the minimum
front yard.
c The minimum separation distance between
dwellings on the same site shall be 50 feet.
d The minimum mutual separation distance
between a dwelling and a livestock building on the
same site shall be 100 feet, and 200 feet between
a dwelling on one site and a livestock building on
an adjacent site, except as follows:
Notwithstanding the above, Livestock production
operations of 10 AU or greater shall be subject to
the minimum distance requirements as set forth in
Table XIV Siting Criteria For Livestock Production
Operations. Animal units are listed on Table XV
herein.
These are also mutual separation distances,
applying to dwellings as well.
e The maximum height shall exclude grain
storage structures, grain augurs and other
facilities directly required for processing grain.
f Vacant buildings are buildings, vacant and
obsolete at the effective date of this by-law, or
which become vacant and obsolete, and where in
the opinion of Council, their conversion to
industrial or commercial storage is necessary to
maintain the building in a reasonable manner for
the remainder of its economic life. Storage does
not include the processing, sale, manufacture of or
any exterior stockpiling of materials.
g For sites of less than 40 acres, a livestock
production operation shall not exceed a density of
2 AU per acre of site area. See Table XV.
MINIMUM REQUIREMENTS
MAXIMUM REQUIREMENTS
CONDITIONAL USES
SITE
AREA
(acres)
SITE
WIDTH
(feet)
FRONT
YARD
(feet) a
SIDE
YARD
(feet) b
REAR
YARD
(feet) a
UNIT
FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
SITE
COVERAGE
%
HEIGHT
(feet) e
NUMBER OF SIGNS AND
SIGN SURFACE AREA
Airports and airstrips, whether public or private
40
300
125
25 b
25
n/a
10
n/a
30
PERMITTED SIGNS
1 identification sign per
dwelling unit, not exceeding
8 sq. ft. in surface area and,
if free standing not
exceeding a height of 8 ft.
above grade.
Signs are not permitted to be
attached to the roof of a
dwelling.
For all other uses:
1 identification or business
sign having a sign surface
area not exceeding 288 sq.
ft. in each sign surface area
to a maximum height of 30 ft.
above grade.
No restriction on number or
size of non-dwelling facia
signs.
A sign shall not overhang
into a public street, lane or
walkway.
Rotating beacons and
flashing signs are not
permitted.
CONDITIONAL USE SIGNS
Advertising signs
Drag strips, vehicle race tracks, go cart track, dirt
bike and ATV course
40
300
125
25 b
25
n/a
10
n/a
30
Gun clubs, archery ranges and similar uses
40
300
125
25 b
25
n/a
10
n/a
30
Home businesses, as defined herein
N/a
N/a
125
25 b
25
n/a
10
n/a
30
Landscape gardeners and landscape contractors
40
300
125
25 b
25
n/a
10
n/a
30
Livestock and Livestock Production Operations of
20 animal units and greater, including manure
storage facility g(See Table XIV)
40
300
125
25 b
25
n/a
10
n/a
30
Commercial Sand, gravel, topsoil and mineral
extraction operations including peat moss
extraction
40
300
50 ft. to the edge of excavation, including
stockpiling of materials.
No yard is required where pits adjoin and
with written consent of affected owners
n/a
10
n/a
30
Religious institutions, churches, church halls and
cemeteries
2
200
125
25 b
25
n/a
10
n/a
45
Zoos, wildlife preserves and game farms, including
penned hunting g
40
300
125
25 b
25
n/a
10
n/a
30
Slaughter and dressing of livestock and poultry,
and processing and packaging of agricultural
products produced and/or raised on the premises
when accessory to a permitted or conditional use
Seed cleaning and farm implement sales when
accessory to a permitted or conditional use.
n/a
n/a
125
25 b
25
n/a
10
n/a
30
Vacation Farms, including campsites, recreational
vehicle sites and rental cabins, provided the
vacation farm operation is on the same Certificate
of Title as the farm operation and is accessory,
incidental and secondary to the farming operation.
(By-law 19-07)
n/a
n/a
125
25
25
n/a
10
n/a
30
10.3.3 .2
TABLE XIII (b)
"A40(2)" LIMITED AGRICULTURAL ZONE - USE AND BULK TABLE
MINIMUM REQUIREMENTS
MAXIMUM REQUIREMENTS
PERMITTED USES
SITE
AREA
(acres)
SITE WIDTH
(feet)
FRONT YARD
(feet) a
SIDE
YARD
(feet) b
REAR YARD
(feet) a
UNIT FLOOR
AREA
(sq. ft.)
DISTANCE
TO OTHER
BUILDINGS
ON SITE
SITE COVERAGE
%
HEIGHT
(feet) e
NUMBER OF SIGNS AND SIGN
SURFACE AREA
1 family dwelling, factory built house or mobile home
2 acres
200
125
25 b
25
600
10cd
n/a
30e
One identification sign per dwelling
unit not exceeding 8 sq. ft. in surface
area
Mobile home as a second principle use dwelling
(By-law No. 12-09)
2 acres
200
125
25b
25
10cd
10cd
n/a
30e
One identification sign per dwelling
unit not exceeding 8 sq. ft. in surface
area
10.3.4.
TABLE XIV SITING CRITERIA FOR LIVESTOCK PRODUCTION OPERATIONS (10 A.U. and greater)
Size of Operation
in Animal Units
(A.U.)
Minimum Distance in Feet a
From a Site Line (property
Line)
From a Single Residence,
public park, campsite, trailer
park, or eating establishment. b
From an area Zoned in a Zoning by-law
or Designated in a Development Plan for
Residential or Recreational Use.
To Manure
Storage
Structures
To Animal
Enclosures
c
To Earthen
Storage
To Animal
Enclosures
c
To Earthen
Storage
To Animal
Enclosures c
Less than 10
As per Bulk
Tables
As per Bulk
Tables
As per Bulk
Tables
As per Bulk
Tables
As per Bulk
Tables
As per Bulk
Tables
10 - 100
328
164
656
328
2640
1760
101 - 200
984
492
3960
2640
201 - 400
1311
656
5280
3520
401 - 800
1639
820
6600
4400
801 - 1600
1967
984
7920
5280
1601 - 3200
2297
1148
9240
6160
3201 - 6400
2625
1312
10560
7040
6401 - 12800
2953
1476
11880
7920
12801 and greater
3281
1641
13200
8800
a These are mutual separation distances and may only be altered by Variation Order.
b Excludes residence of the owner or operator or any residence accessory to the livestock operation; however, dwellings shall be a minimum of 200 feet from an animal enclosure
on the same site, and if less than 10 AU, a minimum of 100 feet from an animal enclosure on the same site containing.
c Includes barns and non-earthen manure storage such as above or below grade tanks which may be covered or uncovered.
10.3.4
TABLE XV
ANIMAL UNIT SUMMARY TABLE
This table is included for reference purposes only. If there is any discrepancy between this table
and those contained in the Provincial Farm Practices Guidelines and legislation enacted by the Province of Manitoba, the latter apply.
A.U. Produced By
One Livestock
Livestock Producing
One A.U.
Dairy
Milking cows, inc. Associated livestock
2.000
0.5
Beef
Beef cows, inc. associated livestock Backgrounder
Summer pasture/replacement heifers
Feeder Cattle
1.250
0.500
0.625
0.769
0.8
2.0
1.6
1.3
Hogs
Sows, farrow to finish
Sows, farrow to weanling
Sows, farrow to nursery
Weanlings
Growers/finishers
Boars
(artificial insemination operations)
1.250
0.313
0.250
0.033
0.143
0.200
0.8
3.2
4.0
30
7.0
5.0
Chickens
Broilers
Roasters
Layers
Pullets and broiler breeder pullets
Broiler breeder hens
0.0050
0.0100
0.0083
0.0033
0.0100
200
100
120
300
100
Turkeys
Broilers
Heavy Toms
Heavy Hens
0.010
0.020
0.010
100
50
100
Horses (PMU)
Mares, including associated livestock
1.333
0.75
Sheep
Ewes, including associated livestock
Feeder lambs
0.200
0.063
5.0
16.0
Other Livestock or operation type -
Please inquire with your regional agricultural engineer or livestock specialist.
Ref.: Appendix I, Farm Practices Guidelines for Hog Producers in Manitoba, Feb. 7 2000 edition.
By-law No. 798, Being the Lac du Bonnet Planning Scheme 1970, as amended, (formerly
the Rural Municipality of Lac du Bonnet Planning Scheme 1969, as amended) is hereby
repealed insofar as it affects lands within the boundaries of the Rural Municipality of Lac
du Bonnet.
By-law No. 34-78, being a by-law of the R.M. of Lac du Bonnet to Establish Building
Lines, and all amendments thereto, is hereby repealed.
This by-law shall come into full force on, from and after the date on which it received third
reading by the Council.
DONE and PASSED in Council assembled this 28th day of September A.D. 2004.
Don Halbert
Reeve
Marlene Watson
Chief Administrative Officer
Received 1st reading this 9th day of October A.D. 2003.
Received 2nd reading this 27th day of April A.D. 2004.
Received 3rd reading this 28tthday of September A.D. 2004.